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

shall mol De granted unless Tie claim Is lo'
a debt or demand arising upon contract
judgment or decree.
30. When the ground of attachment
is, that the defendant is a foreign corpora
ton, or a nonresident Of the county th'
order Of attachment may be issued wlthou
IN undertaking, but in all other cases, The
order of attachment shall not be issued by
the JUS ice until there has been executed
in his office by one or morNsulicient sure
ties Of the plaintiff to be approved BY The
justice, an undertaking not exceeding
double the amount of the plaintiffs claim
10 the effect that the plaintiff shall pay the
defendant all damages which he may sus'
tain by reason of the attachment, if the
order be ~wrongGully obtained.
80. The order of attachment may be
made 10 accompany The summons or al
any time afterwards, before judgment; il
shall be addressed and delivered TO any
constable of the proper township, and
shall require him TO attach the goods, chat
tells, stocks, or interests in stocks, rights,
credits. moneys and effects of the defend-
ant in his county, not exempt by law from
being applied 10 The payment of the plain
IFS claim, or so much thereof as will sat.
isiy the IllinliTs claim, to be stated in
the orde as in the affidavit, and the proba'
BILE costs Of the action, not exceeding fifty
| dollars.
81. The return day Of the order Of
attachment, when issued THE commence
menl Of the action, shall be the same as
that of the summons; when issued after
wards, it shall be executed and returned
forthwith.
80. When there are several orders OF
attachment against The same defendant, in
The hands of the same officer, they shall
be executed in the order in which they
were received BY said officer; he shall 60
to the place where the defendants proper
ty may be found, and there, in the presence
Of TWO credible persons, declare that by
virtue Of said order, he attaches said prop.
erly at the suit Of such plaintiff; and the
NlIIII. HI llilllNI UNIAlNl vi AlN ANNNl-
IS, who shall be first sworn or affirmed
nv the officer. shall make n ,rue inventory
aud appraisement of all the property al.
lached, which shall be signed by the off.
Ger and said householdcrs, and returned
with the order; when the property can be
com, At. he shall lake the same into his Gus.
,,dy. and boId +, snliect IN The order of
| no ~ins,icc.
6'33. The constabl. shall deliver the
rore,tv ara,Led. IN the nerson in whose
posses ion il was (onpd. npon Ike exccu.
ton by such person, in the presence Of the
constable. an undertaking Of The plaintiff.
vilh one or more su(icien, surelies resi-.
den, in the county. to the rfrc, tia, the
prr,ies 10 The same are hound in double the
appraised ,alue thereof. lha, The roper,y
or us apnralscd value in money shah be
forthcoming To answer the Judgment Of
the court in The action; bu, if il shall an.
near 10 The cour, ,ha,an par, Of said prop.
erty has been lost or DESTROYED by una.
yoidahle accident. the value thereof shall
be RENTED To the person or persons so
bound.
{ "a. DiTeren, attachments OF the same
rronerty NAV be made. and one inventory
and appraisement shall be sufficient. The
lien of the attachments shall be in the order
in which they are served, and the subse.
auen, attachments shall be served on the
property as in the hands of the officer, and
subject 10 the prior attachments. The jus.
tice who issued the attachment having the
priority of lien, shall determine all qnes.
tons as TO the priority Of leins on the
properly attached.
s 50. II the order of The attachment is
made to accompany the summons, a copy
hereof and The shall be served
upon the defendant in the usual manner
for the service of a summons, il the same
can be done within the county, and when
any property of the delendan, has been
taken under the order Of attachment, and
itshall appear that the summons issued in
the action has not been, and cannot be ser.
we'd on the defendant in the county in the
manner prescribed by law. the Justice of
the peace shall continue The cause for a
period not less than forty nor more ,h,n
sixty days. Whe,eupon the plaintiff shall
proceed for three consecutive weeks Ia
publish in some new.paper printed in the
county .'or if none be printed ,herin. then in
some NJ wspaper of general circulation in
said %coan,y, a notice stating The names Of
the parties, the time when, 6y what Justice
of,he peace, and for what sum said order
Twas issned and shall m,ke nroof If sucb
publication TO the ~ius,ice, and thereuoon
said action shall be proceeded with III,
s,me as il said summons had been dul,
served.