The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20

10 VIZ oN ms ONAfAA lie'SS u ANN'N~''SN
2-An acknowledgement on the back G
the summons, or the voluntary appearance
of defendant, is equivalent to service.
Sec. Is. A summons against corpo
ration may be served upon the president
mayor, chairman of the board of directors
or trustees, other chi9f officer;or, if its che
officer is not found in the county, upon it,
cashier, treasurer secretary. clerk, or man
aging agent; or if mona of the aforesaid of
feers can be found, by copy left at th'
Office, or usual place of business Of sucl
corporation, with the person having charg,
thereof
| See 49, Where the defendant is an in
eorpOrated insurance company, and the ac
ton is brought in a county, in whick there
is an agency thereof, the service may be up
OH the chief officer OF such agency.
Sec. IT. Where the defendant is a forei u
corporation, having managing agent il
this State, the service may be upon such
agent.
Sec. 18. When the defendant is a minol
under the age Of fourteen years, the service
must be upor him or upon his guardian, Oh
father;or, if neither of these can be found
then upon his mother, or the person hav.
ing the care or control of the infant, OF with
whom he lives. If neither of these can be
found, or, ifthe minor be more than fourteen
years of are, service on him alone, shall be
sufficient The manner of service may be
the same as in the cases of adults;
APPEARANCE.
Sec. 10. The parties are entitled to one
hour in which to appear after the time men,
toned in the summons for appearance, but
are not bound to remain longer than that
time, unless both parties have appeared,
and the Justi,e being present, is engaged
in the triol of another couse. In such case,
the Justice may postpone the time eoEappear-
ance until the close of such trial.
ARREST REFORE JUDGMENT.
Sec 20. An order for the arrest of the
defendant i'll 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 aflicavit of the plaintiff, his author.
lied agent or attorney, made before any
person authorized by law to admister oaths,
stating the nature of the plaintiffs claim
that ii is Just, the amount thereof as near as
may be, and establishing one or more Of thC
following particulars; ...
THAT the defendant has removed OF
begun to remove any Of his property ou
of the county with intent to defraud his cred
itorS:
2-That the defendant has begun to. con
vert his property or any part thereof into
money for the purpose OF deEtauding his
c;edilors:
3-That he has property or lights in ac
ton which he fraudulently conceals:
4-That he has assigned, removed or dis
posed of, or has begun to assign, remove ol
dispose of his property or any part thereof
with infant to detraud his creditors:
5-~That the defendant fraudulently con
tracted the debt or incurred the obllgati OF
for which suit is about 70 be brought.
| The affidavit. shall also contain tatement
of the facts claimed to justify the belief il
the existence of one or more of the above
particulars.
Sec. 21. The order ofarrest may be made
to accompany the summons, or at any time
afterwards De1Olc IuuSnenJ.
Sec. !22. The order of arrest shall not bt
issued by justice of the peace until there
has been executed by the plaintiff, if a res.
ideat freeho!der of the township where suit
is brought, otherwise by one or more suf
fcient sure1ies of the plaintiff, written un
dertaking to the effect that the plaintiff shall
pay the defendant all damages which he may
sustain by reason Of the arrest, if the ordel
be wrongfully obtained, not exceeding double
the amount Of the plaintiffs claim, stated il
the affidavit.
Sec. %. The order of arrest shall be ad
dressed and delivered, with copy Of the
affidavit, to constable OF the proper town
ship; it shall state the names OF the parties
the amount of the plaintiffs claim specified
in the affidavit, be signed by the Justice o
the Peace issuing it, and shall require tht
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 arrest
ing the defendant and delivering to him 1
copy thereof, and of the affidavit, and thu
defendant, so arrested, unless the claim o
the plaintiff specified in the affidavit ant
costs of suit are paid, or unless discharged
from custody by order of the plaintiff, shal
be taken by such constable forthwith befor
the Justice of tho Peace by hom said orde
of arrest was issued, and kept in custody un
til discharged by law.
Sec. Is. Upon the return OF said order o
arrest, executed in pursuance of the pre-
ceeding section, the trial of said cause shal
proceed, unless, for good cause shown, up
on the application of ither party, or at th
instance of the Justice himself, the same shal
be continued as is provided for in Other GA
ses, before Justices Of the Peace. An
when the trial of said cause is continued 10
any period, the defendant, upon executing
with one or more sufficient securities, wrlI
ten undertaking to the effect that he will pa
the amount of the Judgment that may be rer
dered against him upon the final deteim
! nation of the action, or upon deposltlng
! the hands of the Justice Of the Peace th
> amount of money mentioned in the order {
arrest and the probable amount OF costs (
/, suit, shall be forthwith discharged from cu'
e tody: Provided, however, that in case sha
the defendant be detained in the custod,
q of the Officer, when said continuance, hi
9 been for period Of more than forty Gig
), hours, unless said continuance has been mao
I at the instance, or with the consent Of Il
\ defendant himself,
u y ARREST AFTER JUDO MENT.
: = Sec. 26, On the Judgment geinst the defenda
: in any civil suit before Justice OF the Peace, VIII
y tba tha of tho