The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

| 1. IL the infant be Dlaintiif, the appointment
must be made before the summons is issued up.
on the application Of the infant ifhe bo of the
age oi fourteen years or upwards; IL under that
| age, upon the application OF some friend.
| The tonseut IN writing OF the guardian, TO be
| appointed, and TO be responsible for costs II he
fail in the action, must he filed with the Justice
,. II the infant be deiendant the guardian
| must bo appointed before tho trial. II is the
| right of the infant to nominate his own guardi
an il the infant be over fourteen years of ugc
aud the proposed guardian be present and con
sent in writing TO be appointed. Otherwise the
justice may appoint any suitable person who
gives such consent
Sec. 10. The style of the summons shall be,
I 'Thc State OF Ohio, county," it shall be
dated the day il is issued, signed by the Justice
issuing the same, directed to u constable OF the
proper township, (exccpt in case person be de-
puted to serve il, in which case IL shall be di-
| rectcd to such pcrson,) must contun the name
or names Of the defendant or defendants, IL
known; il unknown, give description OF him or
them, und command the officer or person Jerv.
| ing the same to summon the defendant or delen.
dants to appear before such justice at his office
II, in - township, alta time specified therein,
and must describe the plaintiffs cause Of action
in such general terms as to apprise the deIcn.
! dant OF the nature Of the claim against him, and
i there shall be endorsed on the writ the amount
for which tho plaintiff will take judgment II de.
appear, judgment shall not be rendered Tor u
lurgcr amount and the costs.
| Sec a. The summons must be rctnrnabe
not more thnn twelve days from its date, and
must, unless accompan niod with an order to ar
rest, be served at least throo days before the
time Of appearance, as follows:
/. By delivering a copy of the summons with
the endorsement thereon, certified by the con
stable or person serving the same TO be true
copy) to the defendant, or leaving the same al
his usual place Of residence.
3. An acknowledgment on the bnck of the
summons, or the voluntary appearance Of a dc
fcndant, is equivalent to service.
Sec. Is. A summons aga inst a corporation
may be served upon the president, mayor, chair
man Of the board Of directors or trustees or 9th
chief officer; or, its chief officer is not fount
in the county, upon its cashier treasurer, secre
tary, clerk or managing agent; or, Il none Of th,
aforesaid officers can be found, by a copy left
the office, or usual place of business of such
/; corporation, with the the person having charg,
+ thereof.
Sec. l6. Where the defendant is an incor
. poratCd insurance company, aud the action il
brought in Il county, in which there is an gene,
thereof, the service may be upon the chief Of
fcer of such agency.
Sec. II. Where the defendant is a foroigi
corporation, having managing agent in thi
State, the service may be upon such agent
G der the age of fourteen years, tina service mus
be upon him and upon his GUARDIAN or father; o
il neither of those can be found, then upon hi
mothc-, or the person having the care contro
Of me ih'"h'' or win Whom" 10 Hre"' lf Meth
or o' thtSe can DC 'onno' OF u tne MINOR DC NOR
tnam fourteen yenrs o, age service on nm alone
shal be sufficient Inc manner oi service ma
. be the same as in the case of ADULTS.
Appearance.
c. IN u,,. ,,, l.,
,,I;..i =, ,.n ~, H. H. ,;a ,''i W. ,,. ~ = =
~, w. ~. ."o n.o W., ''
t rcn,ain I,,r ,hn ,ha, ,i,nn nios. L',t ,,'
Ian t,I' ''''e, wv" Pul
a,rs nave nPPearuu, , hna tne }us'Iee oeing pres
smch c,so ,ho ;ns,ino ,r,, nns,nnna ,la ,;,',, =
~ 49, 49, Wv III IL ~! 'P ' '''''
''''' Wv ''''N " '''' '''"'
/ Arrest before judgment.
Sec %. An order for the nrrcst or tho 4,
Ccndunt in n civil action. shnIl he made Inv III
Justice of the peace before whom the snm,
broucLt when ,h,rc 10 iI.d in his Office nm a; A,
vii Of the plaintiff, his authorized agont mr. n,
torney, made before any person authorized h
law to administer on,hs. stating the nature or III
plnintitrs claim. thnt il ia inst Tho nmonn, ,hors
Of ns u,nr ns NAV he. ma cs,r rb,ishing onn y
more of the (ollowiuG purticuInrs:
|. That the defendant hns removed or bcuu
, to remove any of his propcrty out of the conn,
with intent to deIraud his creditors:
q That the defendant has bepun IN convc,
his property or npy purt tbereor into money &,
0 the purposc of drCrnudino his croditors.
3. That he has properiy or rights in ac,;o
which he fraudulcntly conccnls:
4. That he has assigned, removed or disnoso
! Of, or has begun 10 assign, remove or disno,c =
u " his property ornny paII thereof, with nteot I,
y dolraud his creditors:
y s. That the defendant frnuduIcntlv contr,c,
ed the debt or incurred the obligntion far VIII.
D.. suit is about to he brought.
/. The affidavit shall also contain n s,,teoon, q
the facts claimed to Justify the belief in th
: cxistance of one or more Of the nhovo n,'r
i ticunrs. rN
Y Sec. 81 The order Of nrrest NAV be m,Io +,
II accompunv tho summons or n, ,ry Iin,o ;. T., ~.
" ward. boiorc Judgment N'''
y Sec. -. Inc order nr orrcst shall no, ho :.
, sued by iustice of The ncncn mil ,hcro h"
been executed by ,h, olointitr If residen, rroo
holder of the township who,o sui, is hro,aL,
+ otherwise by one or NOR, sufficient snre,ios ~
b the plnintn. n written und,rtnking IN ,ho or,
, TINT the plainliT shall INV ,Le Scr.ndan, ~
. damages which he mnv sns,pin bv cnsn" or H.
arrest if the order h, wrmnofnllv obtninod ,o
exceeding double The nmonnt nj ,ho nia IN, ;t,,
: chim. stated in Tho nf,idny;t rN'''
Sec o3 The order oC orrcst .b,I, h, d,u...
cd md d,livercd viii conv oc ill.,, s;',aui, !,
constable oC Tho nroner ,o,y,. .hn. !, sha II ~,
the names oT thr mn r,irs ,Lo .n,o,'n, ,h,
,I',, cIi, a,,ao;f i i d. q; i:. " w" w pau