The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-07-01

the county, upon its cashier, treasurer,
secretary, clerk, or managing agent; or il
none Of the aforesa officers can be
found, by a copy left a. the Office, OF
usual place Of business of such corpora
iion, with the person having charge
thereof.
Sec. l6. Where the defendant is an
incorporated insurance company, and the
action is brought in county, 10 which
there is an agency thereof, the service
may be upon the chief Officer Of such
agency.
Sec. II. Where tho defendant is Q
foreign corporation, having a managing
agent in this State, the service may be
upon such agent.
Sec. l6. When the defendant is I
minor under the age Of fourteen years
the service must be upon him or upon
his guardian, or father; or, if neither O
these can be found, then upon his mother
or the person having the care OF con'io
of the infant, or with whom he lives. i
neither of these can be found, or, If the
minor be more than fourteen years ol
age, service on him alone, shallbs suffi
cieni. The manner Of service may be
the same as in the cases of adults.
APPEARANCE.
Sec. l9. The parties are entitled tc
one hour in which TO appear after the
time mentioned in the summons fol
appearance, but are not bound to remain
longer than that time, unless both parties
have appeared, and tho Justice being
present, is engaged in the trial Of another
cause. 10 such case, the Justice may
postpone the time Of appearance unit
the close Of such trial.
ARREST BEFORE JUDGMENT.
Sec. 20. An order for tho arrest q
the defendant in a civil action, shall be
made BY the Justice of the Peace before
whom the same is brought, when there
is filed in his Office an affidavit OF the
plaintiff, his authorized agent or attorney
made before sny person authorized By
law to administer oatlls, stating tho nature
OF the plaintiffs claim, that i, is jusi, the
amount thereof as near as may be, anc
establishing one or more Of the following
particulars:
l--Tha. the defendant has removed
or begun TO remove any Of his property
out Of the county with intent 10 defraut
his creditors.
2--That the defendant has begun e
convert his property or any part thereo
into money for the purpose Of defraudinl
his creditors.
3-That he has property or rights il
action which he fraudulently conceals.
4--Thst he has assigned, removed O
disposed Of, OF has begun TO assign, re
move or dispose OF his property or an!
part thereof, with inten. to defraud hi
creditors.
5--That the defendant fraudulent,
contacted the debt or incurred the
obligation for which sui. is about 10 b.
brought.
The affidavit shall also contain state
ment Of the facts claimed TO justify tht
belief in the existence Of one or more
Of the above particulars.
| Sec. 81. The order Of arrest may bt
made to accompany the summons, or a
any time afterwards before judgment.
Sec. %. The order Of arrest shall no
be issued by justice Of the peace unit
there has been executed by the plaintiff
if resident feeholder of the township
where suit is brought, otherwise by on'
or more sufficient sureiies Of the plaintiff
written undertaking to the effect tha
the plaintiff shall pay the defendant al
damages which he may sustain by reasol
Of the arrest, il the order be wrongful,
obtained, not exceeding double th'
amount Of the plaintiffs claim, stated il
the affidavit.
Sec. %. The order Of ares. shall b.
addressed and delivered, with a copy o
the affidavit, 10 constable Of the prope
township; it shall state the names Of tn
parties, the amount Of the plaintiffs clait
specified in the affidavit, be signed by III
Justice Of the Peace issuing it, and sha
require the constable to arrest the defend
ant and bring him forthwith before sal
Justice. u
| Sec. "a. The officer receiving sal
order, shall execute the same by forth
with arresting the defendant and deliver
II ing to him copy thereof, and Of th'
affidavit; and the defendant, so arrested
unless the claim Of the plaintiff speci6e'
in the affidavit and costs of suit are paid
|or unless discharged from custody b,
order Of the plaintiff, shall be taken b,
such constable forthwith before the Jus
iice Of the Peace by whom said order @
arrest WIS issued, and kept in custod,
until discharged by law.
| Sec. IS. Upon the return Of sa;t
order of arrest, executed in pursuance o
the preceding section, the trial Of sait
cause shall proceed, unless, for goot
cause shown, upon the application o
either party, or at the instance Of tht
Justice himself, the same shall be CON
,inued as is provided for in other cases