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§ 1075. The constable making an arrest, or another constable, by direction of the justice, must keep the defendant in custody until duly discharged by order of the court, but in no case, can such detention exceed twelve hours from the time of his being first brought before the justice, unless, within that time, the trial of the action be commenced, or unless it be delayed at the request of the defendant.

§ 1076. When the cause of action arises upon a judgment rendered within this state, or an order of a court of competent jurisdiction, to pay a sum of money, or upon any other contract, an order to attach the property of the defendant, may be endorsed upon a summons issued by the justice, in the following cases:

1. When the defendant has departed, or is about to depart, from the county of his residence, or where the action is brought, with intent to defraud his creditors, or to avoid the service of process, or when he keeps himself concealed therein with the like intent:

2. When the defendant has concealed, removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

§ 1077. Before an order to attach property can be made the plaintiff must prove to the satisfaction of the justice, by the affidavit of himself, or another person, the facts on which the application is founded; he must also prove in the same manner, the amount, as near as may

be, of his debt or claim, over all payments and set-offs. He must also execute, and deliver to the justice, a written undertaking approved by him, with sufficient sureties, to the effect that he will pay to the defendant, all damages which he may sustain by reason of the attachment, if the plaintiff fail to recover judgment; and that if judgment be recovered, the plaintiff will restore so much of the property, or the avails thereof, if any, as may remain after satisfying the judgment and the subsequent costs.

§ 1078. The order of attachment, must state the amount shown by the affidavit to be due, and must direct that the property of the defendant liable to execution, sufficient to satisfy the same, be attached and kept, in order to satisfy any judgment that may be recovered in the action.

§ 1078. The constable, to whom the summons with the order is delivered, must take into his possession, the property of the defendant liable to execution in the action, and keep the same as directed in the order, and make an inventory thereof, and deliver the same to the defendant, if he can be found in the county. If not found, the constable must leave a copy of the sumthe order and the inventory certified by him, at the residence of the defendant, with some person of suitable age and discretion, if any such person be found there, otherwise, he must post the same on the outer door of such residence. If the defendant have no place

mons,

of residence in the county, then the constable must leave the copy with the person, in whose possession the property is found.

By the act to abolish imprisonment for debt, an attachment may be issued in some cases, when the defendant is neither absent from the county nor concealed; but no provision is made for serving the process by which the action is commenced personally on the defendant. In such cases it might happen that the defendant's property attached is so situated that he would get no notice of the proceedings, and have no opportunity of defending on its return. This defect is remedied in this section.

§ 1080. The property, attached by a constable, must not be removed by him, if an undertaking with sufficient surety, be executed and delivered to him, to the effect, that if judgment be rendered against the defendant in the action, and execution issued thereon, within thirty days after the judgment, the property shall be produced to satisfy the execution. If any person claim the property attached, the same must be delivered to him, if at any time, after the seizure, and before a sale on the execution, upon his executing, and delivering to the constable, in whose custody the property may be, an undertaking, with sufficient surety, to the effect, that if any action be brought thereon within three months, he will establish that he was the owner of the property, at the time of the seizure, or pay the value thereof to the plaintiff.

§1081. The constable serving a summons must endorse thereon a certificate of the time and manner of

service. If property has been attached, that must be stated in the return, and an inventory of the property annexed. If an undertaking have been given, it must be returned to the justice, with the summons, and mentioned in the return.

§ 1082. A plaintiff, who resides out of the state, before commencing his action, must file or deposit with the justice security approved by him, for the payment to the defendant of any judgment that may be recovered by him in the action.

§1083. When property is attached and delivered to a claimant upon an undertaking as provided in section 1080, if the value of the property recovered from him upon the undertaking, exceed the judgment recovered in the action, on which the property was attached, with interest thereon, the defendant in such original action is entitled to the excess. Or if such defendant satisfy the claim and costs, or the judgment against him, he shall be entitled to the benefit of the undertaking of the claimant, and may bring an action thereon in his

own name.

ARTICLE II.

PLEADINGS AND TRIAL.

SECTION 1084. When pleadings must be put in.

1085. What pleadings allowed.

1086. May be oral or written.
1087. Contents of complaint.
1088.

Contents of answer.

1089. When a reply allowed, and its contents.

1090. Statement of ignorance equivalent to denial.

1091. An action upon note or account, what sufficient.

1092. Pleadings must be verified.

1093. Allegations not denied, to be deemed true.

1094. Court may require pleading to be amended.

1095. Variance, when disregarded.

1096. When party may amend his pleading.

1097. Answer to be in writing when title to lands comes in question.

1098. Surety must be given with answer.

1099. Justice to order cause transferred.

1100. When title to land arises, cause to be dismissed.

1101. Other causes of action may be tried.

1102.

On return of summons case must then be adjourned or tried.

1103. In what cases adjournment allowed.

1104. Length of adjournment and proof required.

1105. Proceedings if party do not appear.

1106. Proceedings when jury is demanded.

1107. Order for jury, and constable's duty thereon.

1108. Six jurors to be drawn for trial.

1109. When others may be summoned.

1110. Party demanding jury must deposit fees.

1111. Adjournment after jury summoned, not allowed unless fees are paid. 1112. Competency of jurors, how tried.

1113. Verdict of jury regulated.

§ 1084. The pleadings must take place at the time the summons is returned served, or at such other time, not exceeding five days thereafter, as the justice may appoint for the convenience of parties, and by their

consent.

§ 1085. The pleadings in justices' courts are,

1. The complaint by the plaintiff, stating the cause of action:

2. The answer by the defendant, stating the grounds of the defence:

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