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4. When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation, for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought:

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

6. When the arrest of the defendant is expressly authorized by special statutes, in an action for a fine or penalty, or for a wilful violation of duty. But no female can be arrested, in any action, except for a wilful injury to person, character or property:

Amended Code, § 179. Varied in expression and enlarged, so as to include the cases mentioned in subdivision 6.

§ 676. An order for the arrest of the defendant, must be obtained from a judge of the court in which the action is brought, or if the action be in the supreme court, from a county judge.

Amended Code, § 180.

§ 677. The order may be made, whenever it appears to the judge by the affidavit of the plaintiff, or of any other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 675.

Amended Code, § 181.

§ 678. Before making the order, the judge must require a written undertaking on the part of the plaintiff,

with or without sureties, to the effect, that if the defendant recover judgment, the plaintiff will pay all costs and charges that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which must be at least one hundred dollars. If the undertaking be executed by the plaintiff, without sureties, he must annex thereto an affidavit, that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking, over all his debts and liabilities.

Amended Code, § 182.

§ 679. The order may be made, to accompany the summons, or at any time afterwards, before judgment. It must require the sheriff of the county, where the defendant may be found, forthwith to arrest him and hold him to bail in a specified sum, and to return the order at a time and place therein mentioned, to the plaintiff or attorney by whom it is subscribed or endorsed.

Amended Code, § 183.

§ 680. The affidavit and order of arrest must be delivered to the sheriff, who, upon arresting the defendant, must deliver to him a copy thereof.

Amended Code, § 184.

681. The sheriff must execute the order, by arresting the defendant and keeping him in custody, until discharged by law.

Amended Code, § 185.

§ 682. The defendant, at any time before execution, may be discharged from the arrest, either upon giving bail, or upon depositing the amount mentioned in the order of arrest, as provided in this chapter.

Amended Code, § 186

§683. The defendant may give bail, by causing a written undertaking to be executed by two or more sufficient bail, stating their places of residence and occupations, to the effect, that the defendant shall at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or if he be arrested for the cause mentioned in the third subdivision of section 675, an undertaking to the same effect as that provided by section 707.

Amended Code, § 187.

§ 684. At any time before a failure to comply with their undertaking, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff of the county where he was arrested, in the following manner:

1. A certified copy of the undertaking of the bail must be delivered to the sheriff, who shall detain the defendant in his custody thereon, as upon an order of arrest, and by a certificate in writing acknowledge the surrender:

2. Upon the production of a copy of the undertaking and sheriff's certificate, a judge of the court or, if the action be in the supreme court, a county judge may, upon a notice to the plaintiff, of eight days with a copy of the certificate, order that the bail be exonerated; and on filing the order and the papers used on such application, they shall be exonerated accordingly.

But this section does not apply to an arrest for the cause mentioned in the third subdivision of section 675.

Amended Code, § 188.

§ 685. For the purpose of surrendering the defendant, the bail, at any time or place, before they are finally charged, may themselves arrest him, or by a written authority, endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so,

Amended Code, § 189.

§ 686. In case of failure to comply with the undertaking, the bail can be proceeded against by action only.

Amended Code, § 190.

§ 687. The bail may be exonerated, either by the death of the defendant, or his imprisonment in a state prison, or by his legal discharge from the obligation to render himself amenable to the process, or by his sur

render to the sheriff of the county where he was arrested, in execution thereof, within twenty days after the commencement of the action against the bail, or within such further time as may be granted by the court.

Amended Code, § 191.

§ 688. Within the time limited for that purpose, the sheriff must deliver the order of arrest to the plaintiff or attorney by whom it is subscribed, with his return endorsed, and the undertaking of the bail or a copy thereof. The plaintiff, within ten days thereof, may serve upon the sheriff, a notice that he does not accept the bail, or he must be deemed to have accepted it, and the sheriff shall be exonerated from liability.

Amended Code, § 192.

§ 689. On the receipt of the undertaking or copy and notice, the sheriff or defendant may, within ten days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed, notice of the justification of the same or other bail, (specifying the places of residence and occupations of the latter,) before a judge of the court, or county judge, or justice of the peace, at a 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 a new undertaking, in the form prescribed in section 683.

Amended Code, § 193.

§ 690. The qualifications of bail must be as follows: [CIVIL CODE.]

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