(6.) Where the defendant has removed or concealed his property, for the purpose of defrauding his creditors.

The order of arrest is granted by a judge of the court in which the action is brought. The affidavit of the plaintiff, or of some other person, showing that a cause of action exists, and that it is one of those for which the order may be granted, is presented to the judge. The complaint may be presented with the affidavit. An undertaking, to the effect that if the defendant recover judg ment the plaintiff will pay all costs and damages not exceeding a sum therein specified, must be presented to the judge, and filed with the clerk of the court. The judge will then grant the order of arrest. The affidavit and order of arrest are put into the hands of the sheriff. The sheriff arrests the defendant, and delivers to him a copy of the affidavit and order of arrest. He retains the prisoner in custody, unless he gives bail, or is otherwise discharged by law. In default of bail, the sheriff may commit him to the county jail.

2. The defendant may be discharged from arrest upon giving bail, or depositing the amount mentioned in the order. Attorneys, and other officers of the court, are incompetent to become bail. If the prisoner gives bail, his sureties have nearly the same power over him as the sheriff had. They may at any time arrest the defendant, or authorize another person to arrest him, and surrender him to the sheriff. The surety procures from the county clerk a certified copy of the undertaking. On delivering the defendant to the sheriff, he presents the certified copy

the order of arrest granted? What affidavit is presented to the judge? What may be presented with the affidavit? What undertaking must be presented to the judge? Where filed? When the judge has granted the order of arrest, what papers must be put into the hands of the sheriff? When the sheriff arrests the defendant, what papers does he serve upon the defendant? What does the sheriff do with the prisoner? In default of bail, what action does the sheriff take?

2. How may the defendant be discharged from arrest? Who are prohibited from becoming bail If the prisoner give bail, what power have his sureties over him? What action may they take at any time? What does the surety procure from the county clerk? Upon delivering

of the undertaking, and receives thereon the sheriff's ac knowledgment of the surrender. He then presents this copy of the undertaking to the judge, on notice to the other party, and the judge may order that the sureties be exonerated on filing the papers used in the motion.

3. The surety taken by the sheriff must be a householder or freeholder, within the State. Each surety must be worth the amount specified in the order of arrest, exclusive of property exempt from execution. When defendant has been arrested and committed to prison, he may have an application made to the court to vacate or modify the order of arrest, and to reduce the amount of bail. The application may be made upon the papers served by the sheriff, and these papers may or may not be accompanied by counter-affidavits. If upon presenting the whole case to the court on both sides, the court would not grant an order, if it was then presented for the first time, the court will vacate the order already granted.

CHAPTER LXXXV.

REPLEVIN.

1. WHEN one person has the property of another in his possession, and it came into the possession of the holder lawfully, the owner must demand the delivery of the property to him. If the holder refuse, the owner may

the prisoner to the sheriff, what does he present to the sheriff? What acknowledgment does the sheriff make thereon? How do the sureties then become exonerated from liability?

3. What must be the qualifications of the sureties? How much must they be worth? When defendant has been arrested and committed to the county jail, what application may be made to the court? Upon what papers may the application be made? When will the court vacate the order of arrest?

1. When one person has come lawfully into possession of personal

commencé proceedings to secure his property, and damages for retaining it. If the property came into the hands of the holder wrongfully, the owner may commence an action without making a demand. The plaintiff makes an affidavit setting forth the following facts:

(1.) That he is the owner of the property, or entitled to the possession.

(2.) That the property is wrongfully detained from him. (3.) The alleged cause of the detention.

(4.) That it has not been taken for tax, or seized under execution; or if seized under execution, it is exempt. (5.) The actual value of the property.

Upon this affidavit the plaintiff's attorney makes an indorsement, requiring the sheriff of the county to take the property from the defendant and deliver it to plaintiff. The affidavit, with the indorsement thereon, is delivered to the sheriff. An undertaking is prepared, approved by and deposited with the sheriff.

2. The sheriff, on receiving such papers, takes possession of the property. The defendant may except to the sufficiency of the sureties, or he may reclaim the property by giving to the sheriff an undertaking executed by two or more sureties, in double the value of the property, to deliver the property to the plaintiff if judgment is recovered against the defendant. If no such bond is given at the expiration of three days, the sheriff delivers the property to the plaintiff. If the property is concealed in a building or inclosure, it is the duty of the sheriff to make

property of another, what is the duty of the owner? If the holder refuse to deliver the property to the owner on such demand, what may the owner do? If the property came into the hands of the holder wrongfully, is a demand necessary before the commencement of an action? What are the facts which the plaintiff sets forth in his affidavit? What indorsement does the plaintiff's attorney make upon this affidavit ? What is delivered to the sheriff? By whom is the undertaking ap proved?

2. What action does the sheriff take on receiving these papers? To what may the defendant except? How may he reclaim the property? By how many sureties executed? In what amount? What is the condition of the undertaking? If no such bond be given, what action does the sheriff take? How soon? If the property be concealed in a build

a public demand; and if the property is not delivered, to break open the building or inclosure, and take possession of the property.

CHAPTER LXXXVI.

INJUNCTIONS.

AN order of injunction is an order restraining the defendant from performing a specific act. The order may be granted

(1.) When the relief demanded in the complaint consists in restraining the performance of some act which would be injurious to the plaintiff.

(2.) When the defendant is doing, or threatening to do, some act in violation of plaintiff's rights.

(3.) Where defendant is about to remove or dispose of his property, with intent to defraud his creditors.

The order of injunction is granted by a judge of the court. The order is granted upon the complaint and affidavits. The order is served personally, by showing to the defendant the original, and delivering to, and leaving with him a copy. A copy of the affidavit must also be served with the injunction. An undertaking is also necessary. If the court deem it proper that defendant should be heard, the court will grant a temporary injunction, with an order to defendant to show cause, on a day specified therein, why the injunction should not be made perpetual.

ing or inclosure, what is the duty of the sheriff? If the property is not delivered, what action may he take?

CH. 86. What is an order of injunction? In what cases may it be granted? By whom is the order granted? Upon what papers is the order granted? How is the order served? What must be served with the or der? Is an undertaking necessary? If the court deem it proper that defendant be heard, what will the court grant? With what order?

CHAPTER LXXXVII.

ATTACHMENT.

1. In some of the States, an attachment may be issued at the commencement of the actions generally, and the property of the defendant attached and held for the payment of the judgment. In New York, under the Code, an order of attachment may be granted, when it shall appear by affidavit

(1.) That defendant is a foreign corporation.

(2.) That defendant is a non-resident.

(3.) That he has departed from the State, with intent to defraud.

(4.) That he conceals himself within the State.

(5.) That he has assigned, disposed of, or secreted his property, with intent to defraud.

The order is granted by a judge of the court in which the action is brought. It is granted upon an affidavit showing that there is sufficient cause. An undertaking is necessary, in case of attachment.

2. The order of attachment is directed to the sheriff, requiring him to attach the property of the defendant in his county. The signature of the judge to the attachment is sufficient, without the signature of the clerk of the court, or the seal of the court. It is the duty of the sheriff, on receiving the order of attachment, to attach all the property of the defendant within his county, or so

1. What is the practice in some of the States, as to issuing attachments? For what causes may an order of attachment be granted in the State of New York? How must these facts appear? By whom is the attachment granted? Upon what? Is an undertaking necessary?

2. To whom is the order of attachment directed? What does it require the sheriff to do? What signature to the order is sufficient? What is the duty of the sheriff on receiving the order of attachment?