The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-07

to the effect that he will pay the amount
of the judgment that may be rendered a.
gainst him upon the final determination ot
the action, orupon 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 discharged from custo'
dy: Provided, however, that in no case
shall the defendant be detained in the
custody Of the officer, when said continu.
ance has been for period of more than
forty eight hours, unless said continuance
has been made at the instance, or with the
consent of the defendant himself.
ARREST AFTER JUDGMENT.
Sec. 26. On the judgment against the
defendant in any civil suit before Justice
Of the Peace, when the defendant is in
the custody OF the officer as hereinbefore
provided for, or if after judgement against
him, there is filed in the office of such
Justice an affidavit of the plaintiff, his
authorized agent or attorney, made be.
fore any person competent to administer
an oath, stating the amount of said judy.
ment remaining unpaid, and establishing
one or more of the parlicularsmentoned
in section twenty, said justice of the
Piece shall, unless otherwise ordered by
the plaintiff, issue an execution and ac.
company the same with an order for the
Arrest of the defendant.
Sec. 81. Said order of arrest shall be
addressed and delivered, with copy oi
The affidavit TO the constable having said
execution and shall state the names of the
p srties, be signed by the justice issuing
it, and state the amount of the judgment
and costs unpaid, and shall require the
officer, in case the same shall not be paid
or an amount OF property OF the defen.
dant whereon 10 levy execution, sufficient
TO satisfy the same cannot be found in his
township, 10 arrest the defendant, if not
already in the custody of the officer, and
delivery him to the sheriff OF the proper
county to be committed by him to the Jail
of the county, and kept in custody until
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. 90. The plaintiff shall have an
order OF attachment against the property
of the defendant in civil action before
Justice of the Peace for the recovery
of money, before or after the commence.
ment thereof, when there is filed in his
office an affidavit Of the plaintiff S claim;
that it is Just; the amout which the affianl
believes the plaintiff ought to recover; and
the existence of some one or more ofihe
following particulars:
THAT the defendant or one OF the
several defendants, is foreign corpora.
tion, or is a nonresident Of the county
or,
2-Has abseonded with intent 10 de.
fraud bis creditors; or,
3-llas left the county or his residence
to avoid the service OF summons; or,
$50 conceals himSelfthata summons
cannot be served upon him; or,
SIS about to remove his porperty or
a part thereof out of the county, with the
intent to defraud his creditors; or,
els about TO convey his property or
part thereof, into money, for the pur.
pose of placing it beyond the reach Of his
creditors; or,
7--Has property or rights in action
which he conceals; or, ..
8-Has assigned, removed or dis
posed OF, or is about TO dispose of his
property or part thereof, with intent TO
deiraud his creditors; or.
9-Fraudulenty contracted the debt or
incurred the obligation for which suit is
about to be, or has been brought. When
the defendant is foreign corporation or
nonresident Of the county, the attach.
ment shall not be granted unless the claim
is for debt or demand arising upon
contract, judgment or decree.
Sec. 90. When the ground of attach
ment is, that the defendant is foreign
corporation, or a nonresident of the
county, the order Of attachment may be
issued without an undertaking, but in all
other cases, the order OF attachmt Mt shall
not be issued by the Justice until there
has been executed in his office by one or
more sufficient sureties Of the plaintiff to
be approved by The justice an underta-
king not exceeding double the amount ol
The plaintiff claim, TO the effect that the
plaintiff shall pay the defendant all dam
ages which he may sustain by reason oI
the attachment, il The order be wrongfully
obtained.
Sec. 80. The order of attachmen may
be made to accompany the summons or
at any time afterwards, before judgment;
it shall be addressed and delivered TO any
constable of the proper township. and
shall require him to attach the goods
chattles, stocks, or interests in stocks,
rights, credits, moneys and effects of the
I defendant in his county, not exempt by
law from being applied to The payment ol
the plaintiff IS claim, or SO much thereof
as will satisfy the plaintiffs claim, to be
stated in the order as in the affidavit, and
the probable costs of the action, not ex-
ceeding fifty dollars.
Sec. 81. The return day Of the order
of attachment, when issued at the CON-
mencement of the action, shall be the
same as that of the summons; when is
sued afterwards. it shall be executed and
returned forthwith.
Sec. 80. When there are several or
ders of attachment against the same de-