the defendant to appear before the justice, at a place specified therein, to answer the complaint of the plaintiff in a civil action. Where the summons is accompanied with an order to arrest the defendant, it must be made returnable immediately upon the arrest of the defendant, within twelve days after the day when it was issued; in every other case, it must be returnable at a time therein specified, not less than six nor more than twelve days after the day when it was issued.

§ 2878. Personal service of the summons must be made by delivering a copy thereof to the defendant; except where it is specially prescribed in this chapter that personal service may be made by delivering a copy to another person. Where service of a summons is personal, it must be made at least six days before the time of appearance specified therein; except where it is accompanied with an order of arrest.

§ 2879. Where the defendant to be served is a corporation, the sum mons may be personally served upon it, by delivering a copy thereof to an officer or person, to whom a copy of the summons in an action, brought against the corporation in the supreme court, might be delivered, as prescribed in sections four hundred and thirty-one and four hundred and thirtytwo of this act; or, to any director or trustee of the corporation, by whatever official title he is called.

§ 2880. Where the defendant to be served is a domestic railroad corporation, and no officer thereof resides in the county, to whom a copy of the summons may be delivered, as prescribed in the last section, it may be personally served, by delivering a copy thereof to a local superintendent of repairs, freight agent, agent to sell tickets, or station keeper of the corporation, residing in the county; unless, at least thirty days before it was issued, the corporation had filed, in the office of the clerk of the county, a written instrument, designating a person residing in the county, upon whom process to be issued by a justice of the peace against it, may be served; in which case, the summons may be personally served by delivering a copy to the person so designated.

§ 2881. Where the defendant to be served is a corporation, association, partnership, or person, doing business in the State as an express company, and no person resides in the county to whom a copy of the summons may be delivered, as prescribed in the foregoing sections of this article, it may be personally served, by delivering a copy thereof to any local or general agent, agent to receive freight or parcels, route agent, or messenger of the defendant, residing in the county; unless, at least thirty days before it was issued, the defendant had filed, in the office of the clerk of the county, written instrument, designating a person residing in the county, upon whom process to be issued by a justice of the peace against the defendant, may be served; in which case, the summons may be personally served by delivering a copy thereof to the person so designated.

§ 2882. Where a person has been designated, as prescribed in either of the last two sections, and the designation has been revoked, or it appears, by affidavit or the return of the constable, to whom a summons has been duly delivered for service, that the person, designated is dead, or has ceased to reside within the county; or that he cannot, after due diligence, be found within the county, so as to deliver a copy of the summons to him; the original summons, or the second or third summons, issued as prescribed in the next section, may be served as if the designation had not been made. Such a designation may be revoked by a writing, executed and filed in like manner as required for the purpose of making the designation.

§ 2883. Where it appears, by the return of the constable, to whom a mmons has been duly delivered for service, that it was not served, for y cause, a second summons may be issued by the same justice, in the me action, within twenty days after the first summons was issued; and, on the like return thereof, a third summons may be issued, within twenty ys after the second was issued. The second or the third summons, as e case may be, relates back to the time when the first summons was ued; and, with respect to all proceedings before actual service, the sere thereof has the same effect, as if the first summons had been seasonly served. For the purpose of issuing a new summons, as prescribed in s section, a previous summons may be returned upon the sixth, or any Osequent day, before the return day thereof.

2884. Where the plaintiff is ignorant of the name, or part of the name a defendant, that defendant may be designated in the summons, and in w other process or proceeding in the action, by a fictitious name, or by so ch of his name as is known, adding a description, identifying the person ended. The person so designated must thereupon be regarded as efendant in the action, and as sufficiently described therein for all pures. When his name, or the remainder of his name, becomes known, the tice, before whom the action is pending, must amend the proceedings eady taken by the insertion of the true or full name, in place of the fictiis name, or part of a name; and all subsequent proceedings must be en under the name so inserted.

2885. A constable, who serves a summons, must, at or before the time en the same is returnable, make and deliver to the justice a written rn thereof, under his hand, stating the time when, and the manuer in ch, he served it. A constable who fails seasonably to serve a summons, vered to him for service, must make a written return thereof under his d, stating that it was not served, and the reason why he failed to serve

2886. A party to an action before a justice of the peaace, who is of age, may appear and prosecute or defend the same, in person or by rney, at his election, unless he has been judicially declared to be incomnt to manage his affairs.

2887. Before a summons is issued in behalf of, or an issue is joined out summons by, an infant plaintiff, the justice must appoint a comnt and responsible person, nominated by the plaintiff or his general dian, to appear as his guardian for the purpose of the action. The en consent of the person so appointed must be filed with the justice, re his appointment. The guardian so appointed is responsible for the

2888. After the service and return of a summons against an infant dant, no other proceeding shall be taken in the action, until a person been appointed to appear as his guardian for the purpose of the action.

Upon the nomination of the defendant, the justice must appoint a proper person for that purpose. If the defendant does not appear upon the return of the summons, or if he neglects or refuses to nominate, the justice may, on the application of the plaintiff, appoint any proper person as his guardian. The written consent of the person, so appointed, must be filed with the justice before his appointment. The guardian so appointed is not responsible for any costs.

§ 2889. Subject to the provisions of sections sixty-three and sixty-four of this act, any person, other than the constable who served the summons or the venire, or the law partner or clerk of the justice, may be the attorney for a party to an action before a justice of the peace.

§ 2890. The attorney's authority may be conferred orally or in writing; but the justice shall not suffer a person to appear as an attorney, unless his authority is admitted by the adverse party, or proved by the affidavit or oral testimony of himself, or another.

§ 2891. If a defendant fails to appear and answer, the plaintiff cannot recover without proving his case.

§ 2892. Except in an action to recover a chattel, the defendant may, upon the return of the summons and before answering, file with the justice a written offer to allow judgment to be taken against him for a sum therein specified, with costs. If there are two or more defendants, and the action can be severed, a like offer may be made by one or more of the defendants, against whom a separate judgment may be taken. If the plaintiff there upon, before taking any other proceeding in the action, files with the justice a written acceptance of the offer, the justice must render judgment accordingly. If an acceptance is not filed, the offer cannot be given in evidence upon the trial; but, if the plaintiff fails to obtain a more favorable judg ment, he cannot recover costs from the time of the offer, and must pay the defendant's costs from that time.

§ 2893. Upon the return of a summons duly served, the justice must wait one hour, after the time specified therein for its return, unless the parties sooner appear.

2894. At the time when the summons is issued, in an action specifiel in the next section, the justice who issues the summons must, upon th application of the plaintiff, and upon compliance by him with the prov ions of this article, grant an order for the arrest of the defendant, in either of the following cases:

1. Where the defendant to be arrested is not a resident of the county. 2. Where the plaintiff is not a resident of the county; or, if there

two or more plaintiffs, where all are non-residents thereof.

? Where it appears to the satisfaction of the justice, by the affidavit of the plaintiff or another person, that the defendant is about to depart from the county, with intert not to return thereto.

But such an order cannot be granted, where the defendant, against whom applied for, is a female.

2895. An order of arrest shall not be granted, except where the action rought for one or more of the following causes :

To recover a fine or penalty.

To recover damages for a personal injury, of which a justice of the ce has jurisdiction; an injury to property, including the wrongful tak. detention, or conversion of personal property; misconduct or neglect ffice, or in a professional employment; fraud; or deceit. But this subsion does not apply to a claim for damages in an action to recover a tel.

. To recover for money received, or to recover a chattel; where ppears that the money was received, or that the chattel was embezzled raudulently misapplied, by a public officer, or by an attorney, solicitor, ounsellor, or by an officer or agent of a corporation or banking associain the course of his employment; or by a factor, agent, broker, or er person in a fiduciary capacity.

2896. Where it appears to the justice, by the affidavit of the plaintiff nother person, that a sufficient cause of action exists, against the defent; and that the case is within the provisions of the last two sections, he t grant the order of arrest. But before granting it, he must require a ten undertaking to the defendant, on the part of the plaintiff, with one more sureties, approved by the justice, to the effect that, if the defendrecovers judgment, the plaintiff will pay all costs which may be rded to the defendant, and all damages which he may sustain by on of the arrest, not exceeding the sum specified in the undertaking, ch must be at least one hundred dollars.

2897. The order must be subscribed by the justice and indorsed upon ttached to the summons. It must briefly recite the ground of arrest; it must direct the constable, who serves the summons, to arrest the ndant; to bring him forthwith before the justice; and to notify the tiff of the arrest, if he can do so with reasonable diligence.

2898. The constable must, at the time of serving the summons, ute the order of arrest, by arresting the defendant, and taking him with before the justice. If the justice is absent, or unable to try the on, the constable must fort with take the defendant before another jus of the same town or city; who must take cognizance of the action, and eed therein, as if the summons had been issued, and the order of arrest been granted, by him.

2899. The constable, executing the order of arrest, must forthwith ver to the justice the order, and a written return thereto, under his hand, ng the manner in which he has executed it, and either that he has ied the plaintiff, or that he could not do so, with reasonable diligence. e returns that he has notified the plaintiff, the latter must appear within hour after the defendant is brought before the justice; otherwise judgt of nonsuit must be rendered against him.

2900. The constable executing the order, or another constable, by etion of the justice, must keep the defendant in custody, until he is harged by the order of the justice, or judgment is rendered in his favor; the detention shall not, in any case, exceed twelve hours from the time the defendant is brought before the justice; unless, within that

time, a venire is issued, or the trial of the action is commenced, or unless either is delayed with the express assent of the defendant.

§ 2901. A defendant, arrested as prescribed in this article, may, without notice, upon the appearance of the plaintiff before the justice, or at any time afterwards before judgment, upon two days' notice given personally to the plaintiff, or to his agent or attorney who appeared for him before the justice, apply to the justice for an order, discharging him from the arrest. The application may be founded upon the papers upon which the order of arrest was granted, and upon the complaint, if it has been made. The jus tice must grant the application, where it appears that the case is not within the provisions of sections two thousand eight hundred and ninety-four and two thousand eight hundred and ninety-five of this act. The justice must also, upon the defendant's application, grant an order discharging him from arrest, if the plaintiff fails to take out, from the justice, an execution upon a judgment in his favor, before the expiration of one hour after he is entitled thereto.

§ 2902. The discharge of the defendant from arrest, before judgment, as prescribed in the last section, or in section two thousand nine hundred and sixty-three of this act, does not affect the jurisdiction of the justice over the action, whieh must proceed, as if it had been commenced in the ordinary manner. His discharge from arrest, after judgment, as prescribed in the last section, does not affect the execution.

§ 2903. Where an order of arrest has been granted and executed, in case specified in subdivision third of section two thousand eight hundred and ninty-five of this act, the plaintiff cannot recover upon a default, and the defendant is entitled to judgment upon a trial, unless the plaintif establishes all the matters of fact, which are required, by that subdivision, to entitle him to an order of arrest.

§ 2904. This article does not abridge or otherwise affect a privilege from arrest given by law, or a right of action for the breach thereof. A priv ileged person is entitled to be disharged from arrest, by the order of the justice before whom he is brought, upon proof, by affidavit, of the facts entitling him to a discharge; or he may apply for and obtain an order for his discharge, as prescribed in section five hundred and sixty-four of this act.

ARTICLE FOURTH.
ATTACHMENT OF PROPERTY.

2905. In what actions, warrant of attachment may be granted. 2906. What must be shown to procure a warrant.

2907. Warrant; form and contents thereof.

2908. Undertaking.

2909. Warrant; how executed.
2910. Service of summons and war
rant upon defendant.

2911. Undertaking by defendant; re-
delivery to him.

2912. Claim by third person; boal and delivery thereupon.

2913. Action upon bond.

2914. When defendant may prosecut bond.

2915. Return of warrant.

2916. Motion to vacate or modify w

rant, etc.

2917. Effect of vacating warrant. 2918. Proceedings where summons personally served.

§ 2905. In an action brought before a justice of the peace a warrant attachment against the property of one or more defendants must be granted upon the application of the plaintiff, as prescribed in this article, where th action is brought upon a judgment, or to recover for one or more of th following causes: