commenced in our court of Common Pleas, and is depending between John Doe and Richard Roe, and the said John Doe (or as the case may be) has made affidavit that the said Richard Roe is justly and truly indebted to him (or as the case may be, reciting the cause of action), and that the said Richard Roe is about to quit the commonwealth, as he verily believes, without leaving sufficient real or personal estate therein, to satisfy the demand; therefore, we command you, that you take the said Richard Roc, and him safely keep, until he shall have given bail, or made deposit according to law, in the said action, or until the said Richard Roe shall by other lawful means be discharged from your custody; and you are to make return of this writ within ten days after the execution thereof, together with the manner in which you shall have executed the same, and the day of the execution thereof: Witness H. L. Robinson, president of the said court (or as the case may be), the 24th day of October, A.D. 1896. (d) In Rhode Island. Form No. 2294. John Potter, (Gen. Laws R. I. (1896), c. 252, § 12.) The State of Rhode Island and Providence Plantations. Providence, SC. To the sheriffs of our several counties or to their (SEAL) Greeting: deputies, We command you to arrest the body of Richard Roe of Providence, if to be found in your precinct, and him in safe custody keep, to answer the complaint of John Doc of Providence on the returnday hereof (said return-day being the 21st day of September, A.D. 1896), in the Common Pleas Division of the Supreme Court to be holden at the court house in Providence, within and for our county of Providence, in an action of (here name the form of action) as by declaration to be filed in court will be fully set forth, to the damage of the plaintiff, as he says, two thousand dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness, the Honorable Charles Matteson, chief justice of our supreme court, at Providence, this seventh day of September, in the year eighteen hundred and ninety-six. Form No. 2295. James Parton, Clerk. (Gen. Laws R. I. (1896), c. 252, § 13.) The State of Rhode Island and Providence Plantations. Providence, SC. To the sheriff of the county of Providence, his deputies, or to either of the town sergeants or con(SEAL) stables in said county, Greeting: We command you to arrest the body of Richard Roe of Providence if to be found in your precinct, and him in safe custody keep, to answer the complaint of John Doe of Providence, at a District Court to be holden at the Providence County court house in Providence on the twenty-first day of January, A.D. 1896, at nine o'clock in the forenoon, in an action of (here name the form of action), for that (here insert the declaration at length),1 to the damage of the plaintiff, as he says, two hundred dollars; hereof fail not, and make due return of this writ' with your doings thereon. Witness William H. Sweetland, Esq., Justice of the District Court of the Sixth Judicial District at Providence, this thirteenth day of January, in the year one thousand eight hundred and ninetyJohn Mason, Clerk. six. To the sheriff of the county of Preston: You are hereby required in the name of the State of West Virginia, to arrest the defendant, Richard Roe, and commit him to the jail of the said county of Preston, to be there safely kept, unless or until he shall give a bond, with good security, in the penalty of four hundred dollars, conditioned according to law, and that you return your proceedings under this order to the next term of the circuit court of said county. Witness John Hancock, clerk of the said court, this 23d day of January, A.D. 1897. John Hancock, Clerk. b. When Issued by a Justice of the Peace. (1) IN GENEral. Form No. 2297.2 State of California, County of Sonoma. } SS. The People of the State of California to the Sheriff or any Constable of the County of Sonoma, Greeting: You are hereby commanded to arrest the within named defendant, 1. Or, if the circumstances be so, in place of inserting the declaration in full these words may be used: "as by declaration to be filed in court will be fully set forth." 2. This form is drawn under the California Code Civ. Proc. (1886), § 2 E. of F. P.-12 177 861. It is indorsed on the summons. Similar statutes exist in the following states: Idaho. Rev. Stat. (1887), § 4680. Montana.-Code Civ. Proc. (1895), § 1540, 1541. Nevada.-Gen. Stat. (1885), § 3542. Richard Roe, and forthwith bring him before me at my office in Petaluma to answer the complaint of John Doe filed in my office and described in the within summons. Abraham Kent, Justice of the Peace of the Township of Petaluma in said County. Form No. 2298.1 To the Sheriff of the County of Middlesex, his Deputy, or either of the Constables of the Town of Haddam in said County, Greeting: By authority of the State of Connecticut, you are hereby commanded to attach to the value of one hundred dollars the goods or estate of Richard Roe, of Haddam, and for want thereof to attach his body and him have and summon to appear before Abraham Kent, Esquire, justice of the peace for the county of Middlesex, at Haddam, in said county, on the 27th day of January, A.D. 1897, at 9 o'clock in the forenoon, then and there to answer to John Doe, of said Haddam, in a civil action wherein the plaintiff complains and says (here set out the plaintiff's complaint in full). The plaintiff claims $100 damages. Of this writ with your doings thereon make due return. Samuel Short, of Haddam, is recognized in $200 to prosecute, etc. Dated at Haddam this 25th day of January, A.D. 1897. Abraham Kent, Form No. 2299. Justice of the Peace.2 State of Kansas, Linn County, ss. : The State of Kansas, to John Pennington, Constable of the City of Pleasanton, in said County: You are hereby commanded to arrest Richard Roe and bring him forthwith before me the undersigned, a justice of the peace of said city, to answer the action of John Doe against the said Richard Roe now pending before me, wherein the said John Doe claims the sum of seventy-two dollars. And then and there return this writ. Witness my hand, at my office in said city, in said county, this twenty-fourth day of October, A.D. 1896. 1. This form is the common writ of attachment (see Gen. Stat. Conn. (1888), § 902) to which has been added a clause authorizing the attachment of defendant's person, provided no property can be found. See Gen. Stat. Conn. (1888), § 907. For the requisites of the writ of at Henry Grimshaw, Justice of the Peace. tachment, see also Gen. Stat. Conn. (1388), § 892. 2. This writ should be signed by a justice of the peace, a commissioner of the superior court, or a judge or clerk of the court to which it is returnable, as the case may be. Form No. 2300. State of Michigan, } SS. To any Constable of said County: In the name of the People of the State of Michigan, You are hereby commanded to take Richard Roe, if he may be found in your county, and have him forthwith before me, Henry Grimshaw, a justice of the peace, of the city of Jackson in said county, at my office in said city of Jackson, then and there to answer to John Doe in a plea of (here describe the cause of action) to his damage in the sum of fifty dollars, and after such arrest you are to notify the plaintiff thereof. Hereof fail not, but of this writ, with your doings, make due return according to law. Given under my hand, at the city of Jackson in said county, this 24th day of October, A.D. 1896. Henry Grimshaw, Form No. 2301. Justice of the Peace. State of New Jersey, To any Constable of said County, Greeting: Bergen County, ss. You are hereby commanded to take the body of Richard Roe, if he may be found within your bailiwick, and him forthwith bring or cause to come before me, one of the justices of the peace of said county, to answer unto John Doe in an action upon contract wherein the plaintiff demands fifty dollars. Hereof fail not. Given under my hand and seal, this 24th day of October, 1896. Henry Grimshaw, Form No. 2302. Justice of the Peace. John Doe, plaintiff, against Richard Roe, defendant. Before Henry Grimshaw, a Justice of the Peace in and for the Township and County aforesaid. Order of Arrest before Judgment. To John King, Constable of said Township: You are hereby ordered to arrest Richard Roe and bring him forthwith before me, Henry Grimshaw, a justice of the peace of said township, at my office therein, to answer the action of John Doe against said Richard Roe pending before me, in which the said John Doe claims fifty dollars, and have then and there this order. Given under my hand, this 24th day of October, 1896. Henry Grimshaw, (2) STATUTORY FORMS. (a) In Illinois. Form No. 2303. (2 Starr & Curt. Anno. Stat. Ill. (1896), p. 2416, § 26; Hurd's Rev. Stat. Ill. (1893), p. 903, § 22.) State of Illinois, SS. Greene County. S The People of the State of Illinois to any Constabie of said County Greeting: You are hereby commanded to take the body of Richard Roe and bring him forthwith before me, unless special bail be entered, and if such bail be entered, you will then command him to appear before me at Carrollton, on the 24th day of October, 1896, at 10 o'clock A. M., to answer the complaint of John Doe, for failure to pay him a certain demand, not exceeding two hundred dollars ($200), and hereof make due return as the law directs. Given under my hand this seventeenth day of October, A.D. 1896. Abraham Kent, J. P. (b) In Indiana. Form No. 2304. (Stat. Ind. (1894), § 1639; Stat. Ind. (1896), § 1571.) State of Indiana, SS. Capias ad Respondendum. To any Constable of Clark county: You are commanded to take Richard Roe, and forthwith bring him before me, at my office, to answer John Doe on a complaint, wherein he claims ninety dol lars, and notify the plaintiff, his agent or attorney, of such arrest; and have then and there this writ. Dated this 10th day of December, 1896. John Doe against Richard Roe. Richard Stiles, Justice. (SEAL) (c) In North Carolina. Form No. 2305. (1 Code N. Car. (1887), p. 354, No. 19.) Justice's Court. North Carolina, To any constable or other lawful officer of said county: You are required forthwith to arrest Richard Roe, the defendant named above, and hold him to bail in the sum of one hundred dollars, and to return this order before the undersigned at his office in said county, on the 31st day of October, 1896, of which return you 1. This should be the amount of the plaintiff's claim. I Code N. Car. (1887), P. 355. |