Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19

=.
r 9. Has absconded. with intent 10 defraud
, his creditors; or, So % no 9 iRa
; r3. Has left The cdnuiY ofihis residence to
} avoid the service OH summons; or,
q. so corceals himself that summons
canno, be served upanshim; or,
: s. Is about to repofe his properly or q
part thereof out Of 'he county. with the i'm
tent 10 defraud his creditors. or. ,,
=. is about 10 conyeki his property, or a
part thereof, into SmoAey, for the purpose ol
placing II beyond tho reach Of his credit
orsj or, e. o. 3sn g..c c! .ls.a.s.
p Has property offighls in ac,ion which
he conceas; or, 41.
8. Has assigned, removed, or disposed Of,
or is about to dispose 30 his properly, or a
part thereof, with intehl deiraad his. cred,
ilors; or.
| 8. Fraudulenlly co6slnci5dtIie debt Of in.
Cured the obligation I6t which suiti aboui
to be, or has been broRght. When the de.
fendant is a foreign corporation or non.
resident Of The county The at,achmen, shall
not be granted unless hhe claim is for debt
or demand arising upon contract, judgment,
or decree. kSinsl a
Sec. 90. When the ground OF attachment
is, that The defendant is a foreign corpora.
,ion, or a non.residehtof the county, The
order of attachment, may, be issued without
an undertaking, but ihtall other cases, the
order of attachment shall not be issued by
the Justice until there has been executed in
his office by one or more sufficient sure,es
of The plaintiff TO be approved by the jus.
tice an undertaking mot exceeding double
the amoun. Of the plaintiffs claim, TO the
effect that the plaintiff shall pay the defend
ant all damages which he may sustain by
reason Of the attachment, if The order be
wrongfully Obtained
Sec. 80. The order Of attachment may
be made 10 accompany the summons o, a,
any time afterwards, before judgment; i,
shall be addressed and delivered 10 any con-
stable Of the proper township, and shall re.
qure him TO attach the goods, chatiels,
stocks, or interests in stocks, rights, credits,
moneys, and effects of the defendan. in his
county, not exempt by law from being ap.
piled 10 the payment Of the plaintiffs claim,
or SO much thereof as will satisfy the plain.
tiff's claim, to be stated in the order as in
the affidavit, and The probable COSTS of the
action, not exceeding fifty dollars.
Sec. 81. The return day Of the order ol
attachment, when issued at the commence
menl Of The action, shall be the same as
that OF Ihe summons; when issued after.
wards. it shall be executed and returned
forthwith. 81. t.-..
Il Sec. 80. When there are several orders
OF attachment againststhe same defendant
in the hands Of she same officer, they
shall be exeeued tsffhe order in which
they were received by said officer; he
shall 60 10 the place where the defend
ants properly may be found, and there ir
the presence of two credible persons, de.
r clare that by virtue Of said order, he altache.
said properly at the suit Of such plaintiff
and The officer, with two householders o
the county, who shall be first sworn or af
firmed by The officer, shall make true in
venlory and apprasement Of all property
attached, which shall be signed by the off
Ger and said householders, and returned
, with the order; when the properly can bt
, come at, he shall take The same into hi
custody, and hold it subject 10 the order o
. the Justice. ..... .H
Sec. 33. The constable shall deliver ,h
properly attached 10 the person in who's
a possession j, was found, upon The execution
q by such person, in the presence VI The con
f stable, an undertaking Of the plaintiff, will
f one or more sufficient sWeties. resident il
:. the county, 10 the effect that the parties 4
q the same are bound in double the appraise
!. value thereof, ,ha, the property, or its ap
e praised value in money shall be forthcom
i. ing 10 answer the judgmen, Of the court il
S the action; but if it shall appear TO the coul
j. that any part Of said properly has been los
or destroyed by unavoidable accident, tn
value thereof shall be remiued TO the per
son or persons so bound.
e Sec. "a. Different attachments Of III
: same property may be made, and one ir
4 ventory and appraisement shall be suficien
. The lien Of the attachments shall be in th
order in which they are served, and the sui
;. sequent attachments shall be served on tn
!. properly as In The hands Of the officer, an
:, subject TO the prior attachments. The Jus
lice who issued the attachment having III
.s priority Of lien, shall determine all que'
If # lions as to The priority Of liens on the prof.
y, ertY attached. ......... ......
l. Sec. 35. If the order OF attachment
st made to accompany the summons, a cop
thereof and the summons shall be serve
upon the defendant in the usual manner f
- - the service OF summons, If the same ca
- =, be done within The county, and when an
!. properly Of the defendant has been take
a under The order Of attachment, and it sha
=. - appear that The summons issued in the o.
~ =. tion has not been, and cannot be served G
~ 81 the defendant in the county, in the mannt
~ prescribed by law, the Justice Of the Peat
y shall continue the cause for period n
- \, less than forty nor more than sixty day
or r Whereupon the plaintiff shall proceed {
~ three consecutive weeks 10 publish in som
NJ y, newspaper printed in the county, or if mol
J., be printed therein, then in some newspap
:: Of general circulation in said county, n
ID lice stating The names Of the parties, q
~ ~ time when, by what Justice Of the Peac
y, y and for what sum said order was issued, al
:" shall make proof Of such publication to Il
Justice, and ,hereuoon said action shall
or proceeded with the same as if said sur
hs m mons had besn duly served. '
ce Sec. SO. When the cause is continued
". provided for in the preceding section, and
Of shall appear thu, any Of the properly taxi
,,;, under the attachment is live stock, or is