The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

Sec. $50. The return day of the order of arrest,
when issued at the commencement OF the suit, shall
10 the same as that OF the summons when issued
afterwards it shall be fifteen days alter it issued.
Sec. Isl. The sheriff shall execute the order by
irresing the defendant and delivering to him copy
hereof, and Of the affidavit. II the defendant can
not be found before tile return day, the plaintiff shall
be entitled to further orders, without other affidavit,
pr undertaking, until the defendant is orrested; but
orders OF arrest shall not be issued to any other than
the county, in which the actOnis brought
Sec. 1872. The defendant, when arrested, shall DO
committed by the sheriff to the jail of the county,
and kept in custody, until discharged by law.
Sec. 1873. The defendant may before or after
giving bail deposit in the hands Of the sheriff. or on
court the amount OF money mentioned in the order
Of arrest wher upon he shall be discharged, or his
bail, il any be given, shall be released
Sec. Isl. The sheriff shall iay int, court tho
money received by hiin lieu OF ibaili il received in
vacation, he shall pay on the first day of tho neat
term received during term, he shall pay in n
See. 1855. The court shall make proper orders for
the safe keeping of money deposited in lieu of bail
1t may direct the sheriff to Keep the money, and
after final Judgment in the action, shall order it to
be paid to the party entitled thereto according the
result.
Sec. l56. Money SO deposited with the sheriff, in
lien of bail or directed by the court to be kent by
HIM, shall be held upon his official responsibility; &
he and his surees shall be liable and may be pro-
ceeded against, for any default in relation thereto,
as in other cases Of delinquency.
Sec. l57 Bail may be given by the defendant on
his arrest, or at any lime afterwards, before judg-
ment 1t shall be done by causing one or more SUI
hcient bail TO execute written undertaking to the
plaintiff in the presence of the sheriff. to the effect
that if judgment shall be rendered in the action a.
gains the defendant, he will render himself amen
able to the process of the court thereupon The
deraking, when accepted, shall be returned to the
clerks Office and the defendant discharged
Sec. 1853. The plaintiff, or his attorney, may OBJ
ject to the bail for nsufciency at any time within
ten days after the undertaking of the bail has been
| given; within such time he shall serve upon the
sheriff written notice that he does accept the
bail, or he shall be deemed to have accepted it, and
the sheriff shall b. eXoneratel from liability.
! When the undertaking is given after the return Of
the order ot arrest, the plaintiff shall have notice
thereof
Sec. lj9 On the receipt of such notice, the
sheriff. or defendant mav within ten days thereafter
give to the plaintiff, his attorney, notice in writ
| ing OF the Justification OF the same, other BAIL
before judge clerk of the court, in which the &C.
ton is brought, probate judge, or justice Of the
peace at specified time and place: the time to be
not less than five, nor more than ten days thereafter.
In case other bail be given, there must be new
dertuking
Sec. l6O. For the purpose of justification, each
OF the bail must attend before the proper officer at
the time and place mentioned, and may be examin-
ed on oath or affirmation touching his sufciency, in
such manner as thu officer may think proper
Sec. l6l. If the officer find the bail sufficient, he
shall endorse bis allowance on the undertaking, and
cause the same to be filed with the clerk; and the
sheriff shall thereupon be discharged from liability.
Sec. l62. II after being arrested, the defendant
escape or be rescued, or bail be not taken be ad
judged insufficient, or deposit be not made tho
sheriff shall be liable as bail But he may discharge
himself from liability by putting in sufficient bail Ut
any time before judgment. 4
Sec. l63 The return of mot found" upon all
execution against the body OF the defendant, shall
be necessary to fix the liability of the sheriff as bail
which liability shall be the amount OF the judgment,
interest and costs. This liability be enforced
only in separate action against him against him
and his surees on his official bond in other
Sec l6i The bail adudged insufficient, shall be
liable to the sheriff for the damages he may usain
by reason OF such insutiicency.
Sec. 165. The liability OF the bail shall be fixed
in the manner provided in section one hundred and
sixtythree, for fixing the liability of the sheriff as
bail, and the bail cun be proceeded against in
ton only.
Sec 166. A surrender of the defendant TO the
sheriff of the county in which he was arrested,
with delivery of u certified copy of the under.
tukng OF the bail whether such surrender be
made by the defendant himself by his bal, =,
shal discharge the bail; such surrender may be
mado at any time before the return day of the
summons in an action against the bail Tho
sheriff shall give to the bail written acknowl.
edgemcnt OF the surrender, and hold the defen-
dant in his custody upon said copy Of the under
taking OF the bail, upon an order of arrest
On the production of the sheriffs acknowledge.
ment of the surrender to the clerk of the court
an exoncraton Of the ball shall be entered on his
undertaking.
Sec. l67. For the purpose of surrendering the
defendant, the bail, at any time or place, before
he is finally charged, may'himscf arrest him,
by written authority endorsed on certified
copy of the undertaking, may empower any per-
son OF suiti BILE age and discretion to do so.
Sec. lbS. The bail will be cxonerated by the
death oi the defendant, or his Imprisonment in u
state prison, or by his legal discharge from the
obligation to render himself amenable to the pro-
cess of the court, or by his surrender to the
sheriff of the county in which he was arrested
in execution thereof, within the time fixed in
section one hundred aud sixty six, within
such further time the couft in which the act on
, is pending, may allow.
Sec. l69. If money be deposited by the defen-
dant in his discharge, bail may be given and JUS
! tined upon notice as prescribed in section one
hundred and hlty nine, at any time before Judge
mcnt; and thereupon the court in which the ac-
ton is brought, on being satisfied that the bail
has been given and adjudged sufficient, shall d.
rect that the money deposited be refunded to the
defendant, and it must be refunded accordingly.
Il Sec. 10 If, ut any Time before alter Judge
ment against the bail, proceedings in error
commenced, on the judgement against the prin-
cipal in the suit, in which their undertaking was
taken, the court may on motion, stay proceedings
against such bail for reasonable time, on their
paying all the costs that have accrued against
thein; and II, ON such proceedings,the Judgement
against the principal shall be reversed, and the
principal discharged from said suit the bail shall
be discharged from the undertaking.
pcO' ~. ~ aTrCsteu, may ut any
time before the justification OF the bail, apply ON
motion, to the court in which The sait is brought,
II in session, and in vacation, TO Judge thereof,
or to any judge Of a court of record of the
Statc, to vacatc the order of arrest or to reduce
the amount of the bail, Reasonable notice of
such motion must be given to the plaintiff.
Sec l72. IL the motion be made upon affida.
Wits on the part of the defendant, but no, other.
wise, the plaintiff may oppose the same by afida-
wits or other evidence, in addition to that on
which the order Of arrest was made. fy
! See lI3, Any person causing another to be
committed to Jail under the provisions of this
chapter, shall be liable in the first instance, Cor
the Jail fees, and SHALL if required by the iailor
pay such fees weekly in advance; and such fees,
so paid shall be part of the costs of the case
/ CHAPTER III
!. Replevn of Property.
! Sec lH. The plaintiff in an action to recover
the possession oispeciic personal property NAV at
the commencement OF the suit or at any time before
answer, claim the immediate delivery Of such prom
erty, as provided in this chapter
Sec. l75. An order for the delivery of propertv IN
the plaintiff shall be made by the clerk of the court