Page:United States Statutes at Large Volume 47 Part 1.djvu/961

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 937 4. Whl;n the defendant has been guilty of a fraud in contracting the debt or incurri ng the obligatio n for which the action is brough t ; or in concealing or disposing of the property for the taking, deten- tio n, or conversion of which the ac tion is brought. 5 . When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. SEC. 177 . AFFIDA VIT TO OBTAIN ORDER, WHAT TO CON TAIN .-The te nt~ for -eat ord er for the arrest of the defendant may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 176. The affidavit must be either posi- tive or u on information and belief ; and when upon information and belie it must state the facts upon which the information and beli ef a re foun ded. If an ord er of arrest be made, the affida vit must be filed with the clerk of the court. SEC. 178. SECURITY BY PLAINTIFF BEFORR ORDER OF ARREST .-Before js t7b > aint fe making the order the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least $600, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum speci- fied in the undertaking. The undertaking must be filed with the clerk of the court. SEC. 179. ORDER, WnWIN MADE, AND rrs FoRM .-The order may be fo nder, when made; made at the time of the issuing of the summons, or any time after- war ds before judgment. It must require the marshal forthwith to arrest the defendant and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the clerk of the court. SEC. 180. AFFIDAVIT AND ORDER TO BE DELIVERED TO THE MARSHAL, Delivery of affidavit AND COPY TO DEFENDANT.-The order of arrest, with a copy of the ddefendantr' copy to affidavit upon which it is made, must be delivered to the marshal, who, upon arresting the defendant, must deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest. SEC. 181 . ARREST , How MADE .The marshal must execute the Row arrest made. order by arresting the defendant and keeping him in custody until discharged by law. SEC. 182. DEFENDANT TO BE DISCHARGED ON BAIL OR DEPOSI T.-T he Defendant to be dis. defendant, at any time before execution, must be discharged fr om d "P"i d on bail or the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest. SEC. 183. B Am, How GIVEN .The defendant may give bail by cans- Ban. how given. ing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned 'in the order of arrest, that the defendant will at all times render him- self amenable to the process of the court, during the pendency of the action, and to s uch as may be is sued to enforce the judgment ther ein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action. SEa 184. SURRENDER OF D22%NDAN T. - At any time before judg- Surrender of defend. ment, or within ten days thereafter, the bail may surrender the ant . defendant in their exoneration ; or he may surrender himself to the marshal. SEC. 1$5. SAME .-For the pu rpose of surrend ering th e defend ant, Arrest by bail, etc, the bail, at any time or place before they are finally charged, may themselves arrest, or, by a written authority indorsed on a certified copy of the undertaking, may empower the marshal to do so. Upon the arrest of defendant by the marshal, or upon his delivery to the
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