Page:United States Statutes at Large Volume 47 Part 1.djvu/1011

 72d CONGR ESS. SESS. II. CH. 127 . FE BRUAR Y 25, 1933 . 987 PROVISIONAL REMEDIES IN MAGISTRATES' COURTS ARREST AND BAIL ATTACHMENT Provisional remedies in ma gistrates' co urts. Arrest and bail. SEC. 437. ORDE R OF ARRES T I AND ARREST OF DEFENDANT .-An order Order of arrest ; arrest of defendant. to arr est the de fenda nt may be indor sed on a s ummon s iss ued by the magistrate, and the defendant may be arrested thereon by the const able, at the ti me of serv ing the su mmons , and brou ght b efore the magistrate, and the re detained unt il du ly discharged, in the follow ing c ases 1. In an a ction for the r ecove ry of mone y or damag es on a ca use of action arising upon contract, express, or implied, when the de- fenda nt is abou t to depar t fro m the Cana l Zon e, wi th in tent to def rau d his creditors ; 2. In an action for a fine or penalty, or for money or property embez zled or fr audul ently misa pplie d, or conv erted to his own use by one who received it in a fiduciary capacity ; 3. W hen the de fenda nt has bee n gui lty of a f raud in co ntrac ting the debt or incurring the obligation for which the action is brought 4. When the defendant has removed, concealed, or disposed of his property, or is about to do so, wi th intent to defraud his creditors. SEC. 438 . AFFIDAVIT AND UNDERTAKING FOR ORDER OF ARREST. - Affidavit and under- Before an order for an arrest can be made, the party applying must under - taking order of pro ve to the satisfaction of the mag is tra te by the affidavit of himself, or some other person, the facts upon which the application is founded. The plaintiff must also execute and deliver to the magistrate a writ- ten undertaking in the sum of $300, wi th su ffi ci ent sur9ties, to the eff ect t hat the plaintiff wi ll pay all costs that may be adjudged to the defendant, and all da mag es which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking. SEC. 439. A DE FENDA NT AR RESTE D MUS T BE TAKEN BEFO RE THE MAG - Appearance of de. ISTRATE IMMEDIATELY .-The defendant, immediately upon being Pen dan t. arres ted, must be ta ken b efore the magis trate who made the o rder, and if he is ab sent or un able to try the action, or if it ap pears to him by the affidavit of the defendant that he is a material witness in the action, the officer must immediately take the defendant before the magistrate of the other subdivision, who must take jurisdiction of the a ction and proce ed th ereon , as if the sum mons had b een i ssued and the order of arrest made by him. SEC. 440. THE OFFICER MUST GIVE NOTICE TO THE PLAINIUL, OF Notice to plaintiff of ARREST.-The officer making the arrest must immediately give notice thereof to the plaintiff, or his attorney or agent, and indorse on the summons, and subscribe a certificate, stating the time of serving the sam e, the tim e of the arrest, and of his giving notice to the plaintiff. SEC. 441. THE OFFICER MUST DETAIN THE DEFENDANT. -The officer Deten tion of d efend - making the arrest mu st ke ep the defendant in cus to dy un til he is disch arged by o rder of the mag istra te. Attachment. SEC. 442 . ISSUE OF WRIT OF ATTAOHMENT :A writ to attach the Issue of writ. prope rty of the defe ndant must be i ssued by the ma gistr ate at the time of or afte r iss uing summo ns in acti ons in whi ch the sum clai med exclusive of interest exceeds $10, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in section 221. SEC. 443. ATTACHMENT, UNDERTAKING ON; EXCEPTIONS TO SURETIES. - Undertaking on Before issuing the writ, the magistrate must require a written under- ceptions to sureties.
 * ex-