Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-02


the Jnstico Of the Peace before whom the sam
is brought when there is fled in his office a
affidavit of the plaintiff, his authorized agen
or attoaney, made before any person author
lied by law TO administer oaths, stating tn
nature Of the plaintiffs claim, that il is Just
the amount thereof as near as may be, an,
establishing one or more Of the following par
ticulars:
THAT the defendant hes removed or be
gun to remove any of his property out of th
county with intent to defraud his creditors
2-That the defendant has begun to con
vert his property or any part thereof into mon
ey for the purpose of defrauding his creditors
S-That he has property and rights in &C
ton which he fraudulently conceals:
4-That he has assigned, removed or dis
posed Of or has begun to assign, remove o
dispose of his property or any part Thereof
with intent 10 defraud his creditors:
5-That the defendant frudulontly con
tracted the debt, or indurred the obligation
for which suit is about 10 be brought
The affidavit shall also contain a statement o
the facts claimed to justify the belief in TIL
existence Of one or more of the above partic
ulars.
Sec. 81. The order of arrest may be mad,
to accompany the summons, or at any time
afterwards before judgment.
Sec. %. The order of arrest shall not b,
issued by a Justice of the Peace until there
has boen executed by the plaintiff, if resi-
dent free5older of the township where sui
is brought, otherwise by one or more suffcien
sureties of the plaintiff written undertaking
to the effect that the plaintiff shall pay the
defendant all damages he shall sustain by the
arrest, if the order be wrongfully obtained
not exceeding kouble the amount of the plant
iff's claim, stated in the affidavit.
Sec. 23. The order of arrest s. Il be ad-
dressed and delivered, with a copy Of the af-
fidavit to constable of the proper township;
it shall state the names of the parties, the
amount of the plaintiffs claim specified in the
affidavit, be signed by the Justice of the Peace
issuingit and shall require the constable to
arrest the defendant and bring him forthwith
before said Justice.
Sec. "a The officer receiving said order
shall execute the same by forthwith arrestng
the defendant and delivering to him a copy
thereof and of the affidavit; and the defend
ant, so arrested, unless the claim of the plaint-
i specified in the affidavit and costs of suit are
paid, or unless discharged from custody by or
der of the plaintiff, shall be taken by such
constable forthwith before the Justice of the
Peace by whom said order of arrest was is
suck, and kept in custody until discharged by
law.
Sec. 25. Upon the return of said order
nj taA in, II a.
ceding section, the trial of said cause shall pro-
coed, unless, for good cause seown, upon the
application of either party, or at the instance
of the Justice himself, the same shall be con-
tinued 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 de-
fendant, upon executing with one or more suf-
ticient securities, a written undertaking to the
effect that lie will pay the amount of the jud-
ment that may be rendered against him upon
the final determination of the action, or up
pom deposlting in the hands of the Justice oi
the the amount of money mentioned in the
order of arrest and the probable amount Of
costs of suit, shall be forthwith discharged
from custody: Provided, however, 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 eight
hours. unless said continuance has been made
at the instance, or with the consent of the
defendant himself
ARREST AFTER JUDGEMENT.
Sec. 26. On the judgement against the de-
fendant in any civil suit before Justice ol
the Peace when the defendant is in the Gus.
tody 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 attor-
ney, made before any person competent tc
administer an oath, stating the amount oil
said judgement remaining unpaid, and estab-
fishing one or more of the particulars men,
toned in section twenty, said justice of the
Peace shall, unless otherwise ordered by the
plaintiff, issue an execution and accompany
the same with an order for the arrest of the
defendant.
Sec. 27. Said order of arrest shall be ad-
dressed and delivered, with copy of the
affidavit, to the constable hving said execu-
ton and shall state the names of the parties.
be signed by the justice issuing it, and state
the amount of the judgement and costs un-
paid, and shall require the officer in case the
same shall not be paid, or an amount Of prop
erty of the defendant whereon to levy execu-
ton, sufficient to satisfy the same cannot be
found in his township, to arrest the defendant,
if not alredy in the custody of the officer,
and delivered to the sheriff of the proper
county TO be committed by him to Jail of the
county, and kept in custody until discharged
by law; Provided, however, that on such order
of arrest shall be Issued until the undertaking
required by the twenty second section of this
act shall have been executed
TO be continued.
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