ARTICLE XLI––OF THE ARREST OF DEBTORS.

 

§953.  Upon a complaint verified by the oath of the plaintiff in any suit, or some person on his behalf, being filed with the clerk of any court of record, or before any police court, in this Kingdom, stating that a defendant has contracted a debt in a fraudulent manner, or seeks to evade the payment of any debt, or any other liability due to such plaintiff, by secreting his property, or by transferring, or intending to transfer the same to any third party, or is about to remove the same out of the jurisdiction of such court, or is about to quit the Kingdom, it shall be lawful for such court, upon the filing of he bond hereinafter provided, to issue process for the arrest and detention of such defendant, until he shall have entered into security, with sufficient securities, to abide the result of such suit, and to pay the amount of such judgment as shall be rendered thereon: provided, however, that no such process of constraint shall be issued by such court until such plaintiff, or some person on his behalf, shall have filed a sufficient bond, in a reasonable amount, for the re-imbursement to such defendant of all damages and costs, which he shall sustain in consequence of such arrest, in case the plaintiff shall fail to sustain such suit.

 

§954.  Whenever any defendant, in one or more civil actions, is arrested and imprisoned as a fraudulent debtor, the expense of supporting such defendant during his imprisonment, shall be borne by the party or parties at whose suit he has been arrested.

 

§955.  For that purpose, the party or parties at whose suit the defendant has been arrested, shall pay to the officer having him in custody, the sum of fifty cents per diem, and in case the allowance for the defendant‚s support is unpaid at any time for more than ten days, the officer having the defendant in custody shall release him from imprisonment.

 

 

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