Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-12
ble Sr,hvi,h bsIbro III ju,lre cr be
Pence BY whom Ssil 6s.lrt of;!!res, w.
'isspcd, dnIkcpt n custody uhul dischs'
gca W law as tg +. Is
See. e5ytpoalhef fcttrn ofrnil ollsr

o. ugI cfl, tAcCu'ti ln IulfhNH't VI 'Hs
processing scc,ion, the iriol Of sail cause
She'll proceed, unless, for goo cause
shown, upon the application OF either
party, or at the instance oflhc Justice
himself, the ssme shall be'ccn,inued es'
is provided for in other cases, before Jus.
,ices OF the Peace, And when the Trial
OF said cause 10 continued for any period
the defendant, upon executing. with ose
OF more sufficient securities, a written
undertaking to The effect that he will pay
the emout Of the judgment tina, may BE-
rendered against him upon the final de-
termination Of the action. or upon de.
posting in the hands Of the Justice ofthe
Peace The amount Of money mentioned
in the order of arrest and the probable
amour. Of costs ofsuil shall be forthwith
discharged from cu.toly: Provided how.
ever, that In no case the defendant be de-
taincd in the custody Of the officer, when
continuance has been for period Of
more than forty eight hours. unless said
continuance has been made at the in.
stance. or with the consent Of the delen'
dant himself. '''
ARREST AFTER JUDGMENT.
Sec. 0G On the judgment against the
defendant in any civil sui! before Jus.
iicc of the Peace, when thu defendant is
in the custody Of the officer as hereinbc.
fore provided for, or If after Judgment a.
gainst him, there is filed in the office ol
such u.licc an afilavi. Of the plaintiff,
his authorized agent or attorney, made
before any person competentto admins.
tar an oath, stating the amount Of said
judgment remaining unpaid, and cslab
fishing one or more OF the particulars
mentioned in section twenty, said JUS.
tice ofthc Peace shall, unless otherwise
ordered by the plaintiff, issue an execu.
ton and accompany the same with an
order for the arrest the defendant.
Sec. 81 Sail order Of arrest shall be
addressed ana delivered, with n copy Of
the allilavit, TO the constable having said
execution and shall state the names of
the parties, be signed by the Justice issu'
ing II, and state the amount Of property
Of the defcndsn, whereon 10 levy execu.
,ion, sufficient TO satisfy the same cannot
bc found ia his township, to arrest the
defendant. if not already n the custody
of the officer. and ,leiver him to the
sheriff Of the proper county 10 be COM
mittel by him to the Jail Of the county,
and KEEP, in custody until discharged by
law: Provided, however, that no such
order OF arrest shall be issued until the
undertaking required by The twenty sec. +.
ond section Of this act shall have been
executed.
| ATTACHMENT.
/ Sec. % The plaintiff shall have an or.
der Of attachment against the property oil
The defendant in civil action before a
Justice Of the Peace for the recovery Of
money, before or after the commence
men, thereof when there is ilel in his Of
fee an affidavit Of the plaintiff, his agent
or attorney, showing the nature OF the
plaintiffs claim; that i: is just; the a.
noun, which the alliant bclives the
plaintiff ought TO recover; and the exis'
tcnce ofsome one or more Of the follow.
ling particulars: s+ =3.s-'
l-Tha, the defendant or one Of the
several defendants, is foreign corpora.
ton, OF is non.retident Of the county;
or, ias.r.f o. ..e 30.
2--Has absconde with intcn, 10 dc
fraud his creditors; or, a
3-.fIas left the county Of his residence
20 avoid the service Of a summons; or,
$50 conceals himself that sum.
mons cannot be served upon him; or.
5--ls about TO remove his property or
part thereof out of the county, with the
inloat to defraud his crelitors; or,
els about to convert his property or
part thereof, ino money, for the pur.
pose Of placing it beyond the reach Of
his creditors; or.
Has property or rights in action
which he conceals; or,
s--Eas assigned, removed or disposed
| OF, or is about to dispose Of his property
or part lssegcol, with inten. 10 Jelraul his
creditors; or. ss
0---Fraujulently contracted the deb,
or incurred the obligation for which suit
is abou. to be, or has been brought
When the defendant is a foreign corpora.
ton or non. resident Of the county, the
attachment shall not be granted unless
the claim is for debt or demand arising
upon contract, jad sment or decree.
Sec. 90 When the ground Of attach.
men, is, that the delenlent is a foreign
corporation, or a nonresident Of the
county, the order Of attachment may bo
issuel without an undertaking, but in all
other cases, the orIer Of attachment shall
not be issuel by the Justice until there
has been cxerutel in his Office by one or
m ors sufficient sureties of the plaintiff
to be approved by The justice an underla.
king not exceeding double the amount Of
the plaintiffs claim, to the cftc, that the
plaiutif shall pay the defendant all dam.
ages which hc may sustain by reason Of
the attachment, if the orler be wrongful.
ly obtained. g., iy- 81.
Sec. 30 The order Of attachment may
be made to accompany tho summons or
at any time afterwards, before judgment;
it sha,l be addressed and delivered 10 q.
ny constable fthe propcs township, and
shall, feQuire him 10 attach the goods.
cchatlles, stocks, or interests in stocks,
rights, crodits, moneys anl effects Of tn.
/.