Page:United States Statutes at Large Volume 31.djvu/400

348 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. unjustly detained, when the property or any part thereof has been concealed, removed, or disposed of, so that it can not be found or taken by the marshal, and with intent that it should not be so found og tak;-an, or with the intent to deprive the plaintiff of the benefit t ereo . Fourth. W'hen the defendant has been guilty of a fraud in contracting a 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 whic _ the action is brou ht. - - Fifth; When the defendant has removeg or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action except for injury to person, character, or property. _ - m¥;{$g=g‘}_§;g ‘° °'°‘ Sec. 100. The mode of proceedin to obtain the arrest of the de- ` fendant for any of the causes speci§ed in the section last preceding shall be as provided in this section: . First. At any time afterthe commencement of an action at law, and before judgment, the plaintiff in such action shall, in the discretion of the court, or the jud e thereof be entitled to a writ of arrest forsuch defendant whenever ie shall make and file with the clerk of the court in which such action is commenced, or is at the time plending, an ailidavit that the plaintiff has a sufficient cause of action therein, and that the case is one of those mentioned in the section last preceding; and shall also make and file with such clerk an undertaking, with sufficient sureties, in a sum not less than three hundred dollars, and equal to the amount for which the plaintiff prays judgment. Such undertaking shall be conditioned that the (plaintiff wil pay all costs that may be adjudged to the defendant an all damages which hemay sustain by reason of the arrest if the same be wron ful or without sufficient cause, not exccedin the amount specified in tge undertaking. ` e Second. Tge aiiidavit may be either positive or upon information and belief»;»-but if thelatter, it shall state the facts upon which the belief is `founded. The plaintiff, shall also file with his undertaking the aiiidavits of the sureties therein, from which it must appear that such sureties are residents of the district, and that they are, taken together, worth double the amount of the sum specified in the undertaking over_all debts and liabilities and- property exempt from execution. No person not qualified to become bail upon. arrest is qualified to become surety in an undertaking for an arrest. ‘ . . Third. The writ of arrest shal be issued by the court, judge, or commissioner in his or its discretion, and shall require the marshal forthwith to arrest the defendant and holdhim to bail in the amount specified in the undertaking, and that in default thereofhe keep him in custody until discharged by law, and to return the writ to the court from which it issued, with his doings indorsed thereon, when required by the plaintiff at any time before the defendant may be arrested, or afterwards whenever the defendant shall have been discharged from the arrest on bail or otherwise. . - ~ Fourth. The plaintiff shall deliver or cause to be delivered to the marshal with the writ a copy of the aflidavit upon which the warrant - was issued, subscribed by himself or attorney. The marshal, upon the delivery of the writ, shall indorse thereon the date of the receipt, and upon the arrest of the defendant·shall deliver to him a copy of the writ and such copy of the affidavit. The marshal shall execute the writ by arresting the defendant and keeping him in custody until discharged b aw. V V» d,g‘§g§g§;g,¤f)n”}J*;§, lg; ySec. 101. The defendant, at any time before execution, shall bedisdeposit. charged f1’om the arrest, either u on giving bail or-upon depositingthe amount mentioned in the writ of) arrest, as provided in this chapter.