Page:United States Statutes at Large Volume 76A.djvu/389

–293– -293(3) in an action to recover the possession of personal property unjustly detained, when the property, or a part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the marshal; (4) when the defendant has been guilty of a fraud in contracting the 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 which the action is brought; or (5) when the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. § 243. Affidavit to obtain order An order for the arrest of the defendant may be made when it appears to the court, by the affidavit of the plaintiff, or other person, that a sufficient cause of action exists, and that the case is one of those specified by section 242 of this title. The affidavit shall be either upon personal knowledge or upon information and belief; and when upon information and belief, it shall state the facts upon which the information and belief are founded. If an order of arrest is made, the affidavit shall be filed with the clerk of the court. § 244. Security by plaintiff Before making an order of arrest, the court shall require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the court, which must be at least $500, to the effect that the l)laintiff 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 arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be filed with the clerk of the court. § 245. Time order made; form An order of arrest may be made at the time of the issuing of the summons, or at any time afterwards before judgment. The order shall 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. § 246. Delivery of order and affidavit to marshal and defendant The order of arrest, with a copy of affidavit upon which it is made, shall be delivered to the marshal, who, upon arresting the defendant, shall deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest. § 247. Arrest and custody of defendant The marshal shall execute the order of arrest by arresting the defendant and keeping him in custody until discharged by law. § 248. Discharge on bail or deposit The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest. § 249. Giving of bail The defendant may give bail by causing 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 himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.

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