SEC. 494. The summons shall be addressed to the defendant by name, or if his name be unknown, by a fictitious name; and shall summon him to appear before the justice at his office, naming its township or city, and at a time specified therein, to answer the complaint of the plaintiff, for a cause of action therein described, in general terms, sufficient to apprise the defendant of the nature of the claim against him; and in an action for money or damages, shall state the amount for which the plaintiff will take judgment, if the defendant fail to appear and answer. It shall be subscribed by the justice before whom it is returnable.

SEC. 495. The time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows: First. When the summons is accompanied with an order to arrest the defendant, it shall be returnable immediately. Second. In all other cases, it shall be returnable in not less than four, or more then ten days from its date, and shall be served at least four days before the time for appearance.

SEC. 496. The summons shall be served by the sheriff or a constable of the county, or any white male person of lawful age, as follows: First. If the action be against a corporation, by the delivery of a copy to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof; or when no such officer resides in the county, to a director resident therein. Second. If against a minor under the age of fourteen years, by delivery of a copy to such minor, and also to his father, mother, or guardian; or if there be none within the county, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is. Third. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by delivery of a copy to such guardian. Fourth. In all other cases, by delivery of a copy to the defendant personally.

SEC. 497. When the person upon whom the service is to be made resides out of the territory, or has departed from the territory, or cannot, after due diligence, be found within the territory, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the justice, and it shall, in like manner, appear that a cause of action exists against the defendant in respect to whom the service is to be made, the justice shall grant an order that service be made by publication of the summons. The order shall direct the publication to be made in a newspaper, to be designated as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a

week: Provided, That a publication against a defendant residing out of the territory or absent therefrom, shall not be less than one month. The service of summons shall be deemed complete at the expiration of the time prescribed by the order of publication; the justice shall also direct a copy of the summons to be forthwith deposited in the post office, directed to the person to be served, at his, or his last known place of residence.

SEC. 498. An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, in the following cases, arising after the passage of this act: First. In an action for the recovery of money or damages, and a cause of action arising on contract, express or implied, when the defendant is about to depart from the territory, with intent to defraud his creditors; or when the action is for a wilful injury to the person, or for the taking, detaining, or injuring personal property. Second. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity. Third. When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought. Fourth. When the defendant has removed, concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action.

SEC. 499. Before an order for arrest shall be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of himself or some other person, the facts on which the application is founded. The plaintiff shall also execute and deliver to the justice a written undertaking, with two or more sureties, to the effect that if the defendant recover judgment, the plaintiff will pay to him all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred dollars.

SEC. 500. The defendant, immediately upon being arrested, shall be taken to the office of the justice who made the order, and if he be absent or unable to try the action, or if it be made to appear to him by the affidavit of the defendant, that he is a material witness in the action, the officer shall immediately take the defendant before the next justice within the county,

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who shall take cognizance of the acrion, and proceed thereon, as if the summons had been issued and the order of arrest made by him.

SEC. 501. The officer making an arrest shall immediately give notice thereof to the plaintiff, or his attorney or agent, and endorse on the summons, and subscribe a certificate, stating the time of serving the same, the time of the arrest, and of his giving notice to the plaintiff.

SEC. 502. The officer making the arrest shall keep the defendant in custody until duly discharged by the order of the justice.

SEC. 503. The defendant under arrest, on his appearance with the officer, may demand a trial immediately.; and upon such demand being made, the trial shall not be delayed beyond three hours, except by the trial of another action pending at the time; or he may have an adjournment, and be discharged on giving bail, as provided in the next section. An adjournment at the request of the plaintiff, beyond three hours, shall discharge the defendant from arrest, but the action may proceed, notwithstanding; and the defendant shall be subject to arrest on the execution, in the same manner as if he had not been so discharged.

SEC. 504. If the defendant on his appearance demand an adjournment, the same shall be granted, on condition that he execute and file with the justice an undertaking, with two or more sufficient sureties, to be approved by the justice, to the effect that he will render himself amenable to the process of the court during the pendency of the action, and such as may be issued to enforce the judgment therein; or that the sureties will pay to the plaintiff the amount of any judgment which he may recover in the action. On filing the undertaking specified in this section, the justice shall order the defendant to be discharged from custody.

SEC. 505. In an action upon a contract, express or implied, made after the passage of this act, for the direct payment of money, which contract is made or is payable in this territory, and is not secured by mortgage, lien or pledge on real or personal property, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as hereinafter provided.

SEC. 506. A writ to attach the property of the defendant shall be issued by the justice, on receiving an affidavit by or

on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit in cases of attachment in the district court.

SEC. 507. Before issuing the writ, the justice shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment.

SEC. 508. The writ may be directed to the sheriff or any constable of the county, and shall require him to attach and safely keep all the property of the defendant in his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand-the amount of which shall be stated, in conformity with the complaint, unless the defendant give him security, by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs; in which case, to take such undertaking.

SEC. 509. The sections of this act, from section one hundred and twenty-four to section one hundred and forty-one, both inclusive, shall be applicable to attachments issued in justices' courts the word "constable" being substituted for the word "sheriff," whenever the writ is directed to a constable, and the word "justice" being substituted for the word "judge."

SEC. 510. The plaintiff, in an action to recover possesion of personal property, may, at the time of issuing the summons or at any time before answer, claim the delivery of such property to him, as provided in this act.

SEC. 511. When a delivery is claimed, an affidavit shall be made by the plaintiff, or by some one in his hehalf, showing: First. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof. Second. That the property is wrongfully detained by the defendant. Third. The alleged cause of the detention thereof, according to his best knowledge, informa tion and belief. Fourth. That the same has not been taken for a tax, assessment or fine, pursuant to statute, or seized, under an execution or an attachment against the property of the plaintiff; or, if seized, that it is by statute exempt from such seizure; and, Fifth. The actual value of the property.

SEC. 512. The justice shall thereupon, by an endorsement in writing upon the affidavit, order the sheriff or a constable

of the county to take the same from the defendant, and deliver it to the plaintiff, upon receiving the undertaking mentioned in the following section.

SEC. 513. Upon the receipt of the affidavit and order, with a written undertaking, executed by two or more sufficient sureties, approved by the officer, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the officer shall forthwith take the property described in the affidavit, if it be in possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, order and undertaking, by delivering the same to him personally, if he can be found within the county, or to his agent, from whose possession the property is taken; or if neither can be found within the county, by leaving them at the usual place of abode of either, within the county, with some person of suitable age and discretion; or if neither have any known place of abode within the county, by putting them in the nearest post office, directed to the defendant.

SEC. 514. The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the officer that he excepts to the sufficiency of the sureties; if he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify, on notice, before the justice; and the officer shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant except to the sureties, he cannot reclaim the property, as provided in the next section.

SEC. 515. At any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the officer a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for payment to him of such sum as may, from any cause, be recovered against the defendant. If a return of the property be not so required within two days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in this act.

SEC. 516. The defendant's sureties, upon reasonable notice