The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14

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THAT the. defendant frau lulentlv
contracted the debt or incurred the obi
CATION for which suit is about to be
brought.
The affidavit shall also contain state
ment of the facts claimed to justify the
belief in the existence of one or more OF
the above particulars.
! Sec. 2l, The order Of arrest may be
made to accompany the summons, or at
any time afterwards before judgment.
See. %. The order of arrest shall not
be issued by justice of the peace until
there has been executed by the plaintiff,
IF a resident freeholdcr Of the township
where suit is brought, otherwise bv, one
or more sufficient sureties of the plaintiff,
written undertaking to the effect chat
the plaintiff shall pay the defendant all
damages which he may sustain by reason
of the arrest, if tie order be wrongfully
obtained. not exceeding double tie amount
of the plaintiffs claim, stated in the af1i-
davit.
4 Sec 23 The order of arrest shall be
+
! the affidavit, to a constable of the proper
4 township; it shall state TIE names Of the
parties, the amount of the plaintiff $ claim
specified in the affidavit, be signed by tie
/ Justice of thezPeace issuing it, and shall
require the constable to arrest the defend
ant and bring him forthwith before said
/ Justice.
/ Sec "a. The officer receiving said
order, shall execute the same by forthwith
arresting the defendant and delivering to
him copy thereof, and OF the affidavit;
and the defendants so arrested, unless the
claim Of the plaintiff specified in the afi-
dayit and costs of suit are paid, or unless
discharged from custody by order of the
plaintiff, shall be taken bv 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.
Sec. 25. Upon the return of said or
der of arrest, executed in pursuance of
the preceding section, the trial of said
cause shall proceed, unless, for good cause
shown, upon the application Of either par
ty, or at the instant of the Justice himself,
the same shall be continued as is provided
for in other cases, before Justices of the
Peace And when the trial Of said cause
is continued for any period, the defendant
upon executing, with one or more sufi-
cient securieties, written undertaking to
the effect that he will pay the amount of
tie Judgment that may be rendered a.
gainst him upon the final determination of
The action, or upon depositing in the
hands Of the Justice of the Peace the
amount of money mentioned in the order
Of arrest and the probable amount Of costs
of suit, shall be forthwith dischargedfrom
custody: Provided, however, that in no
case shall the defendant be detained in the
custody of the officer, when said continu-
ance has been for a period of more than
forty eight hours, unless said continuance
has been made at the instance, or with the
consent of tie defendant himselfs
ARREST AFTER JtG CEMENT. ~
Sec. 26. On the Judgment againstthc
defendant in civil suit before Justice of
the Peace, when the defendant is in the
custody Of the officer as hereinbefore pro
vided for, or if after judgment against him
there is filed in the Office Of such Justice
an affidavit of the plaintiff, his authorized
agent or attorney, madeb before any person
competent to administer an oath, stating
Che amount of said judgment remaining
unpaid, and establishing one or more of
the particulars mentioned in section TWEEN
ty, said justice Of the Peace shall, unless
other otherwise ordered by the plaintiff,
issue an execution and accompany the
same with an order for the arrest Of the
defendant.
I Sec. 27. Said order of arrest shall be ad-
dressed and delivered, with copy of the
affidavit, to the constable having said ex-
ecution and shall state the names of the
parties, be signed by the Justice issuing
it, and state the amount of the Judgment
and costs unpaid, and shall require the Of
fcer in case the same shall not be paid, or
All amount of property of the defendant
whereon to levy execution, sufficient to
satisfy the same cannot be found in his
township, to arrest the defendant, if not
already in the custody of the officer, and
deliver him to the sheriff of the proper
county to be committed by him to the
jail of the county, and kept in custody un-
til discharged by law: Provided, however
that no such order of arrest shall be issued
until the undertaking required by the
twenty-second section of this act shall
have been executed.
ATTACHMENT.
Sec. 28 The plaintiff shall have an
order of attachment against the property
of the defendant in a civil action before a
Justice of the Peace for the recovery OF
money, before or after the commencement
thereof, when there is filed in his office an
affidavit of the plaintiff, his agent or at
torney, showing the nature of the plain
tif's claim; that it is just; the amount
which the affiant believes the plaintiff ought
to recover; and the existence of some
one or more Of the following particulars:
THAT the defendant or one of the
several defendants, is foreign corpora
ton, or is a nonresident of the county;
or,
2-Has absconded with intent to de-
fraud his creditors: or
3--Has left the county OF his residence
to avoid the service of a summons; or,
$50 conceals himself that a summons
cannot be served upon him; or,
5--ls about to remove his property or
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