The Government Class Book - Designed for the Instruction of Youth in the Principles - of Constitutional Government and the Rights and Duties of - Citizens. by Andrew W. Young
page 85 of 460 (18%)
page 85 of 460 (18%)
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has been abolished, except for fines and penalties.
§8. The foregoing description of the proceedings of a justice's court is that of a prosecution in ordinary cases. But there are other modes of prosecution in certain cases, one of which is by attachment. An _attachment_ is a writ directing the property of a debtor to be taken, and kept till a trial can be had, and judgment obtained. This mode of proceeding is adopted when the plaintiff has reason to believe that a debtor conceals himself to avoid being prosecuted by summons, or is about to remove his property or himself from the county, or intends in some other way to defraud his creditors. §9. In case of an absent or concealed debtor, the constable, (as is supposed to be the common practice,) leaves a copy of the attachment, with an inventory or list of the articles of property attached, at the defendant's last place of abode, or, if he had none in the county, the copy and inventory are to be left with the person in whose possession the property is found. If the defendant does not appear on the day of trial, the plaintiff may proceed to prove his demand and take judgment. An execution is then issued against the property attached. §10. If either party is dissatisfied with a judgment rendered in a justice's court, he may _appeal_ to a higher court for trial, or for a review of the judgment. The party appealing is called _appellant_; the adverse party is the _appellee_ or _respondent_. §11. An important part of the duties of a justice of the peace relates to the arrest and trial of persons charged with crimes and misdemeanors. Although they have not power to try high offenses usually called crimes, they may order the apprehension of persons charged with such offenses, |
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