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or in a professional employment, or for a willful violation of

duty.

3d. In an action to recover possession of personal property,

unjustly detained, when the property or any part thereof

has been concealed, removed or disposed of, so that it can-

not be found or taken by the sheriff.

4th. When the defendant has been guilty of fraud in con-

tracting the debt, or incurring the obligation for which the

action is brought; or in concealing or disposing of the prop-

erty for the taking, detention or conversion, of which the

action is brought.

5th. When the defendant has removed or disposed of his

property, or is about to do so, with intent to defraud his
creditors. [Same in Idaho, except no female shall be
arrested, except for an injury to person, character or prop-
erty. Nevada and Arizona same as California.]

Order for Arrest.-An order for the arrest of the defend-

ant shall be obtained from a judge of the court in which the

action is brought, or from a county judge. [Same in Idaho,

except probate judge makes the order. Nevada and Oregon

the same as California, except there are no county judges in

Nevada.]

Affidavit and Contents.-The order may be made when-

ever it shall appear 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

aforesaid. The affidavit shall be either positive 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 be made, the

affidavit shall be filed with the clerk of the county. [Same

in Idado, Arizona and Nevada, except the affidavit is filed

wtih the clerk of the court.]

Security to be given by Plaintiff.-Before making the

order, the judge shall require a written undertaking on the

part of the plaintiff, with sureties, to the effect that if the

defendant recover judgment, the plaintiff will pay all costs

and charges 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 five hundred dollars. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder, within the state, and worth double the sum specified in the undertaking, over and above all his debts and liabilities, exclusive of property exempt from execution. The undertaking shall be filed with the clerk of the court. [Same in Idaho, Arizona and Nevada.]

Order and Form.-The order may be made to accompany the summons, or any time afterwards, before judgment. It shall require the sheriff of the county where the defendant may be found, forthwith to arrest him 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 in which the action is pending. [Same in Idaho, Arizona and Nevada.]

Duty of Sheriff. The order of arrest, with a copy of the affidavit upon which it is made, shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver to him the copy of the affidavit, and also, if desired, a copy of the order of arrest. [Same in Idaho, Arizona and Nevada.]

Arrest, how Made. The sheriff shall execute the order by arresting the defendant and keeping him in custody until discharged by law.

Defendant to be Discharged 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. [Same in Idaho, Nevada and Arizona.]

Bail, how Given.-The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest; that the defendant shall 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. [Same in Idaho, Nevada and Arizona.]

Surrender of Defendant.-At any time before judgment, or within ten days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender him to the sheriff of the county where he was arrested. [Same in Idaho, Arizona and Nevada.

Surrender of Defendant.-For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest him; or by a written authority, indorsed on a certified copy of the undertaking, may empower the sheriff to do so. Upon the arrest of the defendant by the sheriff, or upon his delivery to the sheriff by the bail, or upon his own surrender, the bail shall be exonerated: provided, such arrest, delivery or surrender, take place before the expiration of ten days after judgment; but if such arrest, delivery or surrender, be not made within ten days after judgment, the bail shall be finally charged on their undertaking, and be bound to pay the amount of the judgment within ten days thereafter. [Same in Idaho, Arizona and Nevada.]

Bail, how proceeded Against.-If the bail neglect or refuse to pay the judgment within ten days after they are finally charged, an action may be commenced against such bail for the amount of such original judgment. [Same in Idaho, Arizona and Nevada.]

Qualification of Bail.-The qualification of bail shall be as follows:

1st. Each of them shall be a resident and householder or freeholder, within the county.

2d. Each shall be worth the amount specified in the order of arrest, or the amount to which the order is reduced, over and above all his debts and liabilities, exclusive of property exempt from execution; but the judge or county clerk, on justification, may allow more than two sureties

to justify severally, in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail. [Same in Idaho, Nevada and Arizona.]

Deposit of Money with Sheriff. The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of the bail be reduced, the defendant may deposit such amount instead of giving bail. In either case, the sheriff shall give the defendant a certificate of the deposit made, and the defendant shall be discharged out of custody. [Same in Idaho, Nevada and Arizona.]

Motion to vacate Order of Arrest, or reduce Bail and Affidavits on Motion.-A defendant arrested may at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest, or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made. [Same in Idaho, Nevada and Arizona.]

When the Order Vacated or Bail Reduced.—If upon such application it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated; or if it satisfactorily appear that the bail was fixed too high, the amount shall be reduced. [Same in Idaho, Nevada and Arizona.]

OREGON AND WASHINGTON.

When Defendant may be Arrested. The defendant in an action at law may be arrested in the following cases:

1st. In actions for the recovery of money or damages due on contracts when the defendant is a non-resident of the state, or is about to remove therefrom, or when the action is for an injury to person or character, or for injuring or wrongfully taking, detaining or converting property.

2d. In an action for a fine or penalty, or on a promise

to marry, or for money received, or property embezzled, or fraudulently misapplied, or converted to his own use by a public officer or by an attorney, or by an officer or agent of a corporation in the course of his employment as such, or by any factor, agent, broker or other person, in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment.

3d. In an action to recover the possession of personal property unjustly detained, when the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff, and with intent that it should not be so found and taken, or with the intent to deprive the plaintiff of the benefit thereof.

4th and 5th. The same as in California. [The same in Washington except in subdivision first, arrest can only be had in cases not arising out of contract.]

In Oregon, a female shall not be arrested in civil actions except for an injury to person, character or property. In California, a female may be arrested the same as a man in actions in the district courts; but a female shall not be arrested in actions in justices' courts. See JUSTICES' COURTS. The Law of Oregon, in other respects, is substantially the same as in California.

FORMS.

Affidavit for Order of Arrest.—Departing out of State with Intent to Defraud

Creditors.

In the District Court of the ...... Judicial District of the State of California, in and for the county of......

Plaintiff, against Defendant.

.......

AFFIDAVIT FOR ORDER OF ARREST.-Departing out of State,

with Intent to Defraud Creditors.

being duly sworn, says that he is the plaintiff in the aboveentitled action; that the cause of action in this case arose after the passsage of the act of the legislature of the state of California, entitled "An act to regulate proceedings in civil cases in the courts of justice of this State," passed April 29, 1851. That it is an action for the recovery of money or damages, on a cause of action arising upon an express contract, and that the defendant in said action is about to depart from this state with the intent to defraud his creditors.

And affiant further states and shows the following facts and circumstances

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