The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-07-06

ll0rs;
u. That The defendant has begun to con
vert his property or any part thereof int
money for The purpose Of defrauding hi
creditors:
3. Tha, he has property or rights il
action which he fraudulenlly conceals:
4. That he has assigned, removed o
disposed Of, or has begun TO assign, remove
or dispose Of his properly or any par
thereof, with intent 10 defraue his credit
urs:
8. That the defendant frequently con
iracled the debt or incurred the obligation
Tor which suit is about to be brought:
The a&dsvil shall also contain a state
ment of The facts claimed to justify the be
lief in the existence of one or more Of lht
above particulars.
q. The order of arrest may be mad,
to accompany the summons, or at any
time afterwards before judgment.
The order of arrest shall not be ISSUED
by a justice of the peace until there hal
been exucuted by the plaintiff, if a residen
lreeholder Of the township where suit il
brought; otherwise by one or more sufh
cienI s]nrcties of the plaintiff, a written un
derlaking to the effect that the plaintiff
shall pay the defendant all damages which
h. may sustain BY reason of the arrest, il
the order be wrongiulIy obtained, not ex.
cecediug double the amount of the plain
liT's claim, stated in the affidavit.
90. The order of arrest shall be ad
dressed and delivered, with a copy of the
affidavit, to constable Of The proper town
ship; ii shall state the names Of the parties
the amount of the plaintiff claim specified
in The affidavit, be signed by the justice o
he peace issuing it, and shall require the
constable 10 arrest the defendant and bring
him forthwith before said justice.
"a. The officer receiving said order
shall execute the same by forthwith arrest
ing the defendant and delivering to him :
copy hereof, and Of the affidavit; and the
d,leudent, so arrested, unless the claim o.
the plaintiff specified in the affidavit and
costs Of suil are paid, or unless discharged
fran custody by order Of the plaintiff shall
be tlken bv such constable forthwith be
fore the Justice Of the peace by whom such
order of arrest was issued, and keptin Gus
'ody unDll discharged by law.
gg5. Upon The return Of said order o
arrct, executed in pursuance OF The pro
cetdng section. the rial Of sid cause shall
proceed, unless, for good cause shown
upon the appli cation Of either party, or a
The instance Of the justice himself, III,
same shall be continued as is provided Ini
in o'her cascs, before justices Of the eace,
And when the trial Of said cause is cUntin.
ued for any period, the defendant, upon
executing. with one or more sulic'en'
surclles, a written under aking, IN lie tfec
that he will pay the amount Of the judg
mrnl that may be rendered against him
upon the final determination of the action
or upon deposiiing in the hands Of the jus
tee Of the peace the amonnt Of the money
mentioned in the order Of arrest, and the
proaable amount Of costs of suit, shall be
forthwith discharged from custody: Pro.
uiied, koWeUer, that in no case shall the
detpndan, he detained in The custody Of the
officer, when said continuance has beer
for a period Of more than lorid eight hours
unless said continuance has been made a
tie instance, or with the consent Of the
defendant himself.
ARREST AFTER JUDMENT.
&c. On the judgment against the de.
fndant in any civil suit feloro a justice o.
TIE peace when the dr(cndar is in the Gus,
tndy of the officer as h~ereinbeiore provi.
dtd for, or if after judgment against him.
licre is filed in the office Of such justice.
an affidavit Of the plaintiff, his authorized
agent or attorney, made before any person
compelen, TO administer an oath, stating
the amount Of said judgment remaining un.
paid, and ESTABLISHING one or more OF the
PARTICULARS mentioned in section twenty
slid justice Of the peace shall. unless Oihel
wise ordered, by the plaintiff, issue an exc,
cuiion and accompany the sama with ar
order for the arrest Of the defendant.
81. Said order Ct arrest shall be nd.
dressed and delivered, with a copp Of The
aiidayid, To the constable heving said exc.
%curion, and shall stale the names of the
parties, be signed by the justice issuing it
and stale the mount Of the judgment anJ
cosls unpaid, and shall require the officer
in case the same shall not be paid, or any
amount Of property Of the defendan, where
on to levy execution, sufficient to salisf,
the same cannot be GoInd in his TOWNSHIP!
In arrest the defendant, If not already il
The custody Of The officer, and deliver hin
10 The sheriff Of The proper county, to b.
committed by him to the jail Of the county
and kept in custody until discharged b,
law: ProUiied, hoVeuer, that no such or
der or arrest shall be issued until The ur
drrlakirs required BY the twenty srcon
sccliDn Of This act shall have bceen exc
culed.
ATTACHMENT.
%, The plaintiff shall have an orlr
Of attachment against the property of Ii
defendant in a civil action before a iusiic
Of The peace for the recovery Of money
b fore or after the commencement lhereo
when there il filed in bis office an snid,
vi, Of the plaintiff, his agent OF atlome,
showing the nature Of the plaintiffs claiG
that il is just; the amount which the AL
la,il believes the plalnuG ought To reco
rr; aud the tx sipnce u some one or mo
of the following particulars:
!, That he defendant nr one Of Il
several sGendsnts, is a foreign rorpor
ION, or Is non resident Of the count
ur
.. Has all, c)ndel with iuien,lo d, frJt