Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-12

county:'Af shall 0e. ur'ea l.'e puy " -
issued, signed BY the Justice iss'iins the
same. dirscssa tc.4a sconst bic Of tho
bfSpsr township, {cxccpt in case o per
Son be detuted 10 serve II. In which case
I, shall b5directed 10 such perssn) mus.
conisin the nane or names Of the delen.
dant OF defendants, If known. II rn.
Anown. give q description Of him or
,hsn, and commend this oGcer or per-
sou. Swing the ssms 70 summon the de- |
!cAddnt or defendants TO appear before
such Justice at bis oMcc in - town.
ship. At a ,iiAe specified ,he.ein, and
must describe the plsiniiffs cause Of &C.
tioAin such general terms as to opprise
the 1dslsndant Of the nature Of the claim
against him, aud there shall be endor-
scd on the writ the amount for which
the plain,iff will take judgement if the
dcfendan: fell 10 appear If the defen.
dant fail to appear judgment shall
not be rendered Tor larger emount and
the costs.
Sec. II. The summons must be re.
turnable not more Than twelve days from
its date. and must, unless accompanied
with an order 10 arrest, he served at
least three days before the time Of up.
pcarance. as follows: .l
by delivering copy Of the sum,
mons with the endorsement thereon,
Certified bw the constable, or person
serving the same to he true copy to
the defendant, or leaving the same at
his usual place of-residence.
2--An acknowledgment on the back
of the summons, or the voluntary ap..
pearance of defendant, is equivalent
10 service.
Sec. Is. summons against cor
poraticn may be served upon the presi.
dent, mnyor, chairman Of the board Of
directors or trustees, or other chief Off.
Ger; or if its chief officer is not found in
the comfy, upon its cashier, treasurer,
secretary, clerk, or managing agent; or
fnone Of the aforesaid officers can be
found, by copy left at the Office or usu-
al place ofbusiness Of such corporation
with the person having charge thereof.
Sec. l6. Where the defendant is an
incorporated insurance company. and
the actipn is brought in county in
which there is an agency thereof, the scr.
vice may bc upon the chief officer Of
such agency.
Secal7. Where the defendant is a
foreign corporation, having managing
agent in this State, the service may be
upon saci agent. 4d
Sec. Is. When the defendant is q
minor under lhe age Of fourteen years,
the service must be upon him or his
guardian, or father; or if neither Of these
can be found, then upon his mother, or
the person having the care or control OF
the infant, or with whom he lives. II
neither Of these eau be found. OF if the
minor Be more than fourteen years of
age, service on him alone shall be sui
ficient The manner Of service mny be
the same us in cases Of adults.
APPEARANCE.
Sec. 10. The parties are entitled to
one hour in which to appear after tho
time mentioned in the summons for ap.
pearance but are not bound to remain
longer than that time, unless both pal.
ties have appeared, and the Justice be.
ing present, is engaged in the Irial Of
another cause. In such case, the Jus
tice may postpone the time Of appear
arcc until the close Of such trial.
ARREST BEFORE JUDGMENT.
Sec. 90. An order for the arrest OF
tho defendant in civil action shall DC
made by the Justice Of the Peace before
whom the same is brought, when there is
flied in his Office an affidavit Of tho
plaintiff, his authorized agent or attor.
ney, made before any person aulhonzcd
by law to administer oaths, stating the
nature of the plaintiffs S claim, that It is
Just, the amount thereof az near as may
be, and establishing one or more Of the
following particulars:
that the defendant has removed
or begun to remove his property out Of
the county. with intent to dcfraud his
creditors:
2-That the defendant has begun to
convert his property, or any part thereof
into money for the purpose of dcfraud.
ing his creditors:
3-That he has property or rights in
action which he fraudrlently conceals:
4--That he has assigned, removed, or
disposed Of, or has begun to assign, re.
move or dispose Of his property OF any
part thereof, with intent to delraud his
creditors: V&
5-Tnat the defendant fraudulently
contracted the debt, or incurred the
obligation for which suit is abou. to be
brought.
The affidavit she'll also contain a
statement Of the facts claimed to justify
The belief in the existence OF one or more
Of the aborc particulars.
Sec. al The order Of arrest may be
mode 10 accompany the summons, or at
any time afterwards before judgment.
Sec. %. IhN orler Of arrest shall
not be issued by justice Of the peace,
until there has been executed by the
pIsin,ig, il resident frechelder OF the
township whsre suit is brought, other.
wise by one or more sufficient snre.ies
of tho plaintiE, written undertaking to
The ei;ec that the plaintM shall pay the
defendant all damages which he may
sustain, By reason Of tho arrest. iflhe or.