costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking.1 1 (Cal.) Kerr's Cyc. C. C. P., sec. 862; (Nev.) Cutting's Comp. Laws, sec. 3616; (N. D.) Rev. Codes 1905, sec. 6893; (Or.) B. & C. Codes, sec. 261; Lord's Oregon Laws, sec. 260; (Wash.) R. & B. Codes, sec. 1791; (Idaho) Rev. Codes, sec. 4682; (Mont.) Rev. Codes 1907, sec. 7020; sec. (S. D.) Comp. Laws 1910, sec. 159, p. 348; (Utah) Comp. Laws 1907, sec. 3698; (Wyo.) Comp. Stats. 1910, 4819; (Kan.) Dassler's Gen. Stats. 1909, sec. 5692; Kopp v. Gunther, 95 Cal. 63, 74, 30 Pac. 301; Estate of Reith, 144 Cal. 314, 321, 77 Pac. 942. § 2389. Undertaking by Debtor-Form. [Title of Court and Cause.] [See matter stated in the Order of Arrest, and the forms of bail in Arrest and Bail.] § 2390. When Order for Arrest may be Made. The order may be made whenever it appears to the justice, 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 in section eight hundred and sixty-one of the Code of Civil Procedure. The affidavit must be positive. If an order of arrest be made, the affidavit must be filed with the justice.1 1 Kerr's Cyc. C. C. P., secs. 481 and 861. § 2391. Washington-Arrest When Warrant may Issue. A justice of the peace must issue a warrant of arrest in all cases within his jurisdiction, and for such causes and upon such proof, as is provided for an order for a warrant in civil actions.1 1 Rem. & Bal. Ann. Codes & Stats., sec. 1790. § 2392. Washington-Arrest-Bond for Warrant. Before issuing the warrant of arrest, the justice must require a bond on part of the plaintiff, with one or more sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which may be sustained by reason of the arrest, not exceeding the sum specified in the bond, which must be at least one hundred dollars.1 1 Rem. & Bal. Ann. Codes & Stats., sec. 1791. § 2393. Washington - Arrest Warrant - Service - Proceed ings. The warrant must be served by arresting the defendant, and taking him before the justice of the peace who issued the same; but if such justice, at the return thereof, be absent or unable to try the action, the officer must immediately take the defendant to the nearest justice of the same county, who takes cognizance of the action, and proceeds thereon as if the warrant had been issued by himself.1 1 Rem. & Bal. Ann. Codes & Stats., sec. 1792. § 2394. Washington-Arrest-Notice to Plaintiff. The officer making the arrest must immediately give notice to the plaintiff, his agent or attorney, and indorse on the warrant the time of the arrest and the time of serving notice on the plaintiff.1 1 Rem, & Bal. Ann. Codes & Stats., sec. 1793. § 2395. Washington-Arrest-Detention not to Exceed Twenty four Hours. When a defendant is brought before a justice on a warrant, he must be detained in the custody of the officer until he is discharged according to law; but in no case must the defendant be detained longer than twenty-four hours from the time he is brought before the justice, unless within that time the trial of the action is commenced, or unless it has been delayed at the instance of the defendant.1 1 Rem. & Bal. Ann. Codes & Stats., sec. 1794. § 2396. Washington-Continuance Bond. If the defendant, on his appearance, demand a continuance, the same may be granted on condition that he remain in custody or execute and file with the justice a bond, with one or more sufficient sureties, to be approved by the justice, to the effect that he will render himself amenable to the process of the court, or that the sureties will pay to plaintiff the amount of any judgment which he may recover in the action. On filing such bond, the justice must order the defendant to be discharged from custody.1 1 Rem. & Bal. Ann. Codes & Stats., sec. 1795. § 2397. Exemption of Witness from Arrest. The exemption of a witness from arrest because of attendance upon a court as a witness applies only to the arrest in civil actions and does not exempt him from arrest for disobeying any ordinary process of court.1 1 Page v. Randall, 6 Cal. 32, 33. See Kerr's Cyc. C. C. P., sec. 478. § 2398. Duty of Officer to Keep Defendant in Custody. The officer making the arrest must keep the defendant in custody until he is discharged by order of the justice.1 1 (Cal.) Kerr's Cyc. C. C. P., sec. 865; (Nev.) Cutting's Comp. Laws, sec. 3619; (Wash.) R. & B. Codes, sec. 4685; (Mont.) Rev. Codes 1907, sec. 7023; (Utah) Comp. Laws 1907, sec. 3701; (Wyo.) Comp. Stats. 1910, § 2399. What Fraud will Warrant Arrest. Fraud warranting arrest may consist in misrepresentation, or in concealment of material facts, and may be inferred from the circumstances and conditions of the parties contracting.1 1 Belden v. Henriques, 8 Cal. 87, 89. See Kerr's Cyc. C. C. P., sec. 479. $2400. Fraud Committed Out of State by Resident of State. An act of fraud committed out of the state by a resident of the state in contemplation of the law is a fraud committed by him in the state.1 1 Ex parte Bergman, 18 Nev. 331, 4 Pac. 209. See Kerr's Cyc. C. C. P., sec. 479. § 2401. What Plaintiff must Prove to Sustain Allegations of Fraud. The plaintiff, to sustain allegations of fraud and deceit in contracting a debt set forth in the complaint, must prove on the trial that the representations alleged to have been fraudulent and deceitful were not true.1 1 Belden v. Henriques, 8 Cal. 87, 89. See Kerr's Cyc. C. C. P., sec. 479. § 2402. Character and Capacity in Which Defendant is Alleged to have Obtained Money. The character or capacity in which the party is alleged to have collected money being essential in case of arrest and bail to the charge of fraud, that character or capacity must be averred in direct and positive terms, or charge must fall.1 1 Porter v. Hermann, 8 Cal. 619, fraud necessary in affidavit, see Kerr's Cyc. C. C. P., sec. 481, and 624; § 2403. Issues of Fraud must be Raised to Justify Execution Against Person. To justify an execution against a person which may be followed by imprisonment, an issue must be framed and determined like issues of fact raised upon pleadings. Fraud is an offense involving moral turpitude and is to be followed by imprisonment, not merely as a means of enforcing payment, but also as a punishment, and the right to submit the question of indebtedness to the jury being inviolate, it would be strange to deny a jury trial upon a question involving the loss of character and liberty.1 1 Davis v. Robinson, 10 Cal. 411, 412. See Kerr's Cyc. C. C. P., sec. 479. § 2404. Intention to Procure Goods Without Payment. An intention to procure goods without payment consummates a fraud when the possession of goods is obtained making payment on delivery, or on call, according to the terms of the sale. The debt is then fraudulently contracted. Payment after that time, though it might satisfy the debt for the price of the goods, will not remove the taint of fraud from the transaction.1 1 Stewart v. Levy, 36 Cal. 159, 165. See Kerr's Cyc. C. C. P., sec. 479. § 2405. Where Facts Constituting Fraud Arise Subsequent to Filing of Complaint. The facts authorizing arrest may also constitute a cause of action in nearly every case in which the arrest is allowed by the statute, and of course must necessarily be stated in the complaint. In a few instances where the circumstances authorizing an arrest occur subsequent to filing of the complaint, the application should be made to the court either to amend the original or to file a supplemental complaint so as to set forth the facts upon which the execution against the person of defendant will be asked in enforcement of the judgment.1 1 Davis v. Robinson, 10 Cal. 411, 412, 413. See Kerr's Cyc. C. C. P., sec. 479. § 2406. Facts Constituting Fraud must be Specifically Alleged. Facts upon which the charge is based must be specifically alleged in the complaint in order to authorize a judgment convicting the defendant of fraud. The judgment is the determination of the rights of the parties upon the facts pleaded and it cannot in any event exceed the relief warranted by the case stated in the complaint.1 1 See Davis v. Robinson, 10 Cal. 411, 412. See Kerr's Cyc. C. C. P., sec. 479. § 2407. Order for Arrest of Defendant-Form. [Title of Court and Cause.] It appearing to me the Honorable H. I. C., justice of the peace in and for the above-entitled court, that B. N. O., one of the defendants in the above-entitled cause, is about to depart from this state with intent to defraud his creditors, and it further appearing to me that the judgment rendered in the above-entitled cause for the sum of one hundred and twentyfive ($125.00) dollars principal and ten and a half ($10.50) dollars for costs is still due and unsatisfied, it is therefore ordered that said defendant is liable to arrest under the judgment made and entered in this court and above referred to. § 2408. Form of Judgment of Arrest. H. I. C., Justice of the Peace. The judgment of a justice of the peace must be entered substantially in the form required in the Code of Civil Procedure, section 667.1 1 (Cal.) Kerr's Cyc. C. C. P., sec. 893; (Idaho) Rev. Codes, sec. 4729; (Mont.) Rev. Codes 1907, sec. 7050; (Utah) Comp. Laws 1907, sec. 3729; (Okl.) Comp. Laws 1909, sec. 6384; (Neb.) Cobbey's Ann. Stats., sec. 1947; (Kan.) Dassler's Gen. Stats. 1909, sec. 5797. § 2409. Judgment must State Fact of Arrest to be of Effect. Where the defendant is subject to arrest and imprisonment thereon the fact must be stated in the judgment. No judgment shall have effect for any purpose until so entered.1 1 See Kerr's Cyc. C. C. P., sec. 893. |