Page:United States Statutes at Large Volume 31.djvu/534

482 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. the defendant be a corporation, then to the president, secretary, or a managing or local agent thereof. ww? “°"°" °“° by _ Sec. 951. The summons must be served at least five days before the time therein uired for the defendant to appear. . _ c0§’,§°,${§§k§,§§ ff}; Sec. 952. Ifiihe plaintiff is a nonresident 0 the precinct, the justice required. may require him to give an undertaking, with one or more sureties, for the costs and disbursements of the action before issuing the summons, and if at any time before the commencement of the trial the defendant ap ly therefor, the justice must require such pllaintiif to give such undertaking; but if the plaintiff is a resident of the precinct the justice may, in his discretion, upon a like application on the part of X _ the defendant require such plaintiff to give such undertaking. °8_§g°“°¤ in Such Sec. 953. The undertaking may be in substantially the ollowing ` " form: "I, A B," or “We, A B and C D, undertake to pay E F, the defendant in this action, all costs and disbursements that may be adjudged to him in this action." The sureties must possess the qualifications of bail upon arrest, and if required by the defendant must justify in a sum not less than fifty dollars. A deposit of fifty dollars with the justice, or such less sum as he may deem suitlicient, is equivalent to giving the required undertaking; and if the undertaking or deposit in lieu thereof is not given or made upon the day the same is demanded the justice must dismiss the action as fo1' want of prosecution. di§:>Vi¤i°¤¤l m¤*> Sec. 954. In a civil action in a justice’s court a plaintiff is entitled ` to the benefit of the provisional remedies of arrest, attachment, and delivery of personal property .claimed in the action, as in like cases in a court of record. All affidavits, orders, and undertakings for such remedies are to be taken or made and filed with the justice, and such process is to be issued by and made returnable before him. — 0,‘X§gS’§; :‘f{f Sec. 955. A writ of arrest, of attachment, and order for the delivery $2 org? fogrtgagndlei of personal property claimedm the action may be served and executed pm§'m___P by any person author1zed to serve a summons. ,E}1’£P;§i”;‘fr*es$gd QQ; Sec. 956. A defendant who has been arrested in a civil action must, eivanaemm. if he require it, be at once taken before the justice who issued the writ, for the purpose of giving bail. If he do not so require, the oflicer making the arrest shal keep him in his custody, and take him before such justiqe on the day and at the hour the defendant is required to . a ear an answer. ‘ ml;§{,<;¤,%*{* €¤°m°d pgno. 957 .' Upon the defendant being brought before the justice, ' either on the day on which he is required to appear and answer or before, he must be allowed to give bail if he desire to. U¤d¢¤·¤k*¤8<>fb¤i¤· Sec. 958. The undertaking of bail may be given with one or more sufficient sureties, and must be taken by thm Jastice. The plaintiH may then and there except to the sufficiency of the bail, and unless he _ do so he shall be deemed to have accepted it. u,}Q',§,‘°“6`}““I§€§‘;f,,‘}§{ Sec. 959. The undertaking for an order for the delivery of personal 1>r¤p¤rtr· property claimed in the action shall be taken by the justice who makes the order, and he shall require the sureties therein to justify as bail upon 8.I'1‘BSi'»; and no exceptions to the sufficiency of such sureties _ shall thereafter be allowed. _ _ m§§°‘{}e ¥;f{’,gg'{fgd Sec. 960: Real property or any interest therein carr not be attached gngzggsgolgtom a Jus upon a.wr1t of attachment in a C1V1l action in a justice s court. ,,g;f’““°““°¤°*¤“'°“ Sec. 961. Whenever sureties in an undertaking given in a provisional remedy by either party are re uired to justify, the justification shall be made before the justice in wqhose court the action is pending, and upon the notice prescribed in such cases by this code, or upon : shorter notice, to be prescribed by order of the justice.