The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29
section o. this ac, shall have been execu.
ATTACHMENT.

& ga. The plaintiff shall have an or.
der OF attachment against the property OF
tho defendant in civil action before
Justice OF the peace for the recovery oil
money, befare or after the commencement
thereof, when. there is filed in his office an
affidavit OF the plaintiff. his agent or at.
torney, showing the nature Of the plaintiff
claim; that it is just; the amount which the
sffiant believes the plaintiff oughtto recov-
er; and the existence of some one or more
Of the following particulars:
l.. That the defendant or one of the
several defendants, is foreign corpora
iion. or is non-resident Of the county; or,
E. Has absconded with intent to de-
fraud his creditors; or
). Has left the county of his residence
TO avoid the service of summons; or,
T.. So conceals himself that a sum.
mons cannot be served upon him; or,
5. Is about to remove his property or
part thereof out of the county, with the
intent 10 defraud his creditors; or.
s.. ls about TO convert his property or
part thereof, into money, for the purpose
of placing it beyond the reach Of his cred.
itors; or,
2. Has property or rights in action
which he concea,s; or,
8. Has assigned, removed or disposed
q. or is about 10 dispose Of his property
or part thereof, with intent 10 defraud his
creditors; or,
8. Fraudulently contracted the debt or
incurred the obligation for which suit is a.
baut TO be, or has been brought. When
the defendants foreign corporation or a
nonresident OF the county, the attachment
shall not be granted unless tho claim is
for q debt or demand arising upon con-
tract, judgment or decree.
90. When the ground Of attachment,
is. that the defendcnt is foreign corpo.
ration. or nonresident Of the county, the
order Of attachment may be issued without
an undertaking. but in all other cases, the
order OF attachment shall not be issued by
tho justice until there has been executed
in his Office by one or more sufficient sure,
ties of the plaintiff to be approved by the
justice, an undertaking not exceeding
double the amount Of the plaintiffs claim.
to the effect that the plaintiff shall pay the
defendant all damages which he may sus-
tain by reason OF the alta chment, if the or.
der be wrongfully obtained.
80. The order Of tachment may be
made to accompany the summons or a,
any time afterwards, before Judgment; it
shall be addressed and delivered 10 any
constable Of the proper township, and shall
require him to attach the goods, chatiels.
stocks, or interests in stocks, rights. cred
its, moneys and effects of the defendant in
his county, not exempt by law from being
applied to the payment of the plaintiff S
claim, or so much thereof as will satisfy
the plaintiffs claim. 10 be stated in the
order as in the affidavit, and the probable
costs Of The action, not exceeding fifty
dollars.
ST. The return day Of the order o
attachment, when issued atthe commence.
nlent Of the action, shall be the same as
that o! the summons; when issued after
wards, it shall be executed and returned
forthwith.
SO. 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 &C
10 the place wherc the defendants prop
erty may be found, and there, in the pres
enoe Of two credible persons, declare tina
by virtue Of said order. he attaches sale
property at the suit Of such plaintiff; and
the officer, with two householders oil the
county, who shall be first sworn or affirm
ed by tho officer, shall make a true inven
tory and appraisement Of all property at
tsched, which shall be signed by the off
Ger and said householders, and returned
with the order; when the property can bt
come at, he shall take the same into hi,
custody, and hold it subject TO the orde
of the justice.
50. The constable shall deliver the
property attached to the person in whose
possession it was found, upon the execu
lion by such person, in the presence OF th'
constable, an undertaking oi the plaintiff
with ono or more sufficient sureties resi-
dent in the county.to the effect that thu
parties to the same are bound in double
iha appraised value thereof. that the prop
erty or its appraised value in money shal
: be forthcoming 10 answer the judgment o
the court in the action; but il it shall ap
pear to the court that any part Of sait
property has been lost or destroyed by un
avoidabie accident, the value thereof shall
Be renitted to the person or persons 81
bound.
"a. Different attachments ofthe sam'
property may be made. and one inventory
and sppraisements shall be sufficient. Th'
lien oil the attachments shall be in the or
der in which they are served, and The sub
sequent attachments shall be served on tn
property as in the hands Of the officer. ant
subject to the prior attachments. The jus
tice who issued the attachment having III,
priority Of lien, shall determine oil ques
tons as TO the priority Of liens on the prop
erty attached.
So. 1.-THE order of attachment is mad
to accompany the summons. a copy there
of and the summons shall be served upol
the defendant in the usual manner for tn
service Of summons, if the same can b
done within the county, and when an.
properly Of the defendant has been takel
under the order Of attachment, and it shal
appear that the summons issued in the &C
ton has not been, and cannot be serves
on the defendant in the county in the man