Page:United States Statutes at Large Volume 76A.djvu/433

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–337–

-337§ 802. Affidavit and undertaking for order of arrest (a) Before an order for an arrest is made, the party applying shall prove to the satisfaction of the magistrate by the affidavit of himself, or another person, the facts upon which the application is founded. (b) The plaintiff shall also execute and deliver to the magistrate a written undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintiff will pay all costs that 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. § 803. Arrested defendant taken before magistrate; bail (a) The defendant, immediately upon being arrested, shall be taken before the magistrate who made the order. If the magistrate is absent or unable to try the action or disqualified, the officer shall immediately take the defendant before the magistrate of another subdivision, who shall take jurisdiction of the action and proceed thereon, as if the summons had been issued and the order of arrest made by him. (b) The defendant shall be discharged from arrest upon giving bail in, or upon depositing, an amount fixed by the magistrate, and sections 248-265 of this title apply. § 804. Notice of arrest to plaintiff The officer making the arrest shall 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 same, the time of the arrest, and of his giving notice to the plaintiff. § 805. Custody of defendant The officer making the arrest shall keep the defendant in custody until he is discharged by law. Article B—Claim and Delivery of Personal Property § 821. Procedure for claim and delivery In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons or at any time thereafter before answer, claim the delivery of the property to him. Sections 292-304 of this title apply to the claim when made in magistrates' courts. Article C—Attachment § 831. Actions in which attachment authorized; affidavit A writ to attach the property of the defendant shall be issued by the magistrate at the time of or after issuing summons in actions in which the sum claimed exclusive of interest exceeds $25, 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 342 of this title. § 832. Undertaking on attachment; exceptions to sureties Before issuing the writ, the magistrate shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, in a sum not less than $50 nor more than $300, to the effect that if the defendant recovers judgment, 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, not exceeding the sum specified in the undertaking. At any time after the issuing of the attachment, but not later than five days after the notice of its levy, the defendant may except to the

88558 O - 62 - 28