The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29
NUMBER Is


more than fourteen years of age. service
on him alone, shall be sufficient. Ths
manner of service may be the Same as in
the case Of adults. s
APPEARANCE. - sHe =
19. The parties are entitled to one
thour in which to appear after the time Iner.
toned in the summons for appearances, but
are not bound to remain longer than that
time, unless both parties have appeared,
and the justice being present, is engaged
IN the trial OF another cause. In such
case, the justice may postpone the time Of
appearance until the close of such trial.
ARREST BEFORE JUDGMENT.
60. An order for the arrest Of the de-
fendant in@a civil action, shall be made by
the justice of the peace before whom the
same is brought, when there is fled in his
office an affidavit of the plaintiff, his .au-
thorized agent or attorney, made before
any person authorized by law to adminis-
ter oaths, stating the nature Of The plaila-
tiff claim, thatlt is just. the amount there
Eof as near as may be, and establishing one
or more of the following particulars:
1. That the defendant has removed or
begun to remove any of his property out
of the county with intent to defraud his
creditors:
2. That the defendants has begun 10
convert his property or any part thereof
into money for the purpose Of defrauding
his creditors:
8. That he has property or rights in
action which he fraudulently conceals: 81.
4. That he has assigned, removed or
disposed Of, or has begun to assign, re-.
move or dispose of his property or any
part thereof, with intent to defraud his
creditors: - s
5. That the defendant iraudulently
contracted the debt or incurred the obliga-
ton for which suit is about to be brought.
The affidavit shall also contain q state
ment of the facts claimed to justify the
belief in the existence Of one or more of
the above particulars.
8 81. The order of arrestmay be made.
to accompany the summons, or al any
tine afterwards before Judgment.
| 22. The order Of arrest shall NOT he
issued by justice Of the peace until thsre.
has been executed by the plaintiff. a
resident freeholder Of the township where
suit is brought: otherwise by one Or more
sufficient sureties Of the plaintiff. written
undertaking TO the effect that the plaintiff
shall pay the defendant all damages which
ne may sustain by reason OF the arrest, if
the order be wrohgfully obtained, not az
cceding double The amount of The piain-
tif's claim. stated ia the affidavit 1 s
%. The order of arrest shah be a5sd-
dressed and delivered, with copy OF The
affidavit, to q sconstable of the proper fosl1.
ship; it shall state the names 81 The paftlee,
the amount Of The plaintiff s claim speci6ed
in the affidavit, be signed by the justice Of
the peace issuing il, and shall require the
constable to arrest the defendant and hring
him forthwith before said justice. -
1 "a. The officer receiving said order,
shall execute the same by forthwith arrest
ing the defendant and delivering 10 him
copy thereof, and Of the affidavit; andlhe
defendant, SO arrested, unless the claim
Of the plaintiff specified in the affidavit
and costs of suit are paid, or unless dis
/ charged from custody BY, order Of the
plaintiff. shall, be taken by such constable
forthwith before the justice Of The peace by
whom said order OF arrest was issued. and
kept in custody until discharged by law.
4 25. Upon the return of said order OF
arrest. executed in pursuance The pro-
Z ]csding section, hetrial Of said cause shall
proceed, unless, for good cause shown,
upon the application OF either party. or at
9 the instance Of the justice himseE the same
shall be continued as is provided for in
other eases. before justices Of the peace.
Aud when the trial of said cause is corr
tinued for any period, the defendant,; upon
executing, with one or moro sHf6cienj
sureties, a written undertaking. to the effccs
that he will pay the amount of the j1dg-
ment that may be rendered against him
upon the final determination of. the actun,
or upon deposting in the hands Of the
r justice of the peace, the amount ofsmoney
! mentioned in the order of arrest, and the
probable amount of costs Of suit, shall be
forthwith discharged from custody; Pro
vided, howeuer, that in no case shall The
defendant be detained in the custody Of
the officer, when said continuance has
been for period of more than forty-eiRh,
hours, unless said continuance has been
made at the instance, or with the consent
tof the defendant himself. s<,.ss,
ARREST AFTER JUDGEMENT. sfs
s ; &c. On the Judgment against the de-
, fendant in any civil suit before justiceto OF
. the peace, when the defendant is In the
/ custody Of the officer as hereinbef6se pro-
vided for. or if after Judgment sgainss IN,
f there is filed in the office of such iusiice
an affidavit of the plaintiff, his authorized
agent or attorney, made before any per-
son competent to administer an oath, stat
ing the amount Of said judem reaaain-
5 ing unpaid, and establishing one pr nsore
8 Of the particulars mentioned in section
twenty. said justice of the peace shall, an
!, less otherwise ordered by the plaintiff, is-
sue an execution and accompany the same
/ with an order for the arrest Of the sdefen.
f dant. asre ssse = ~:
|, 27. Said order Of arrest shall be I'd.
dressed aud delivered, with copy ofths
affidavit, to the constable having said exe-
> cution, and shall state the names Of the
!, Eparties. be signed by the justicsissuingl il.
Z and state the amount Of the Judgment aud
costs unpaid, and shall require the officer,
/, in case the same shall not be paid, or an
\, omit of pronorfvy nf sh .dofn