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shall apply to actions which have heretofore or may hereafter accrue.
Sub-Sec. 184. A creditor wishing to sue his debtor by at. tachment, may place in the clerk's office of the district court of any county in this Territory, having jurisdiction a complaint, or other lawful statement of his cause of action, and shall also file an affidavit and bond; and thereupon such creditor may sue out an original attachment against the lands, tenements, goods, moneys, effects and credits of the debtor in whosoever hands they may be.
Sub-Sec. 185. The affidavit shall be made by the plaintiff, or some person for him, and shall state that the defendant is justly indebted to the plaintiff, after allowing all just credits and offsets, in a sum (to be specified in th affidavit), and on what account, and shall also state that the affiant has good reason to believe, and does believe, the existence of one or more of the causes which, according to the provision of SubSection 182 will entitle the plaintiff to sue by attachment.
Sub-Sec. 186. The bond shall be executed by the plaintiff or some responsible person as principal, and two or more securities, residents of the Territory, or by some bond com: pany authorized to do business in the Territory, in a sum at least double the amount sworn to, payable to this Territory, conditioned that the plaintiff shall prosecute his action without delay, and with effect, and refund all sums of money that may be adjudged to be refunded to the defendant, and pay all damages that may accrue to any defendant or garnishee by reason of this attachment or any process of judgment thereon.
Sub-Sec. 187. The securities on attachment bonds shall be residents of this Territory, or a bond company authorized to do business in this Territory, and shall acknowledge the execution of such bond by them in the manner and before such officer as may be prescribed by law for the acknowledgment of conveyances of real estate.
Sub-Sec. 188. The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse bis approval thereon, and the same, together with the affidavits and complaint or other lawful state. ment of the cause of action, shall be filed before an attachment shall be issued.
Sub-Sec. 189. The bond given by the plaintiff or other person in a suit by attachment may be sued on by any party injured in the name of the Territory, and shall proceed as in ordinary suits, and shall recover such damages as he may sustain.
Sub-Sec. 190. Whenever any surety upon any attachment,
replevin or other bond required in civil actions by the Statutes of this Territory shall have reason to believe himself in danger from remaining thereon, and desires to be relieved therefrom, he may present a petition for that purpose to the judge of the district court in which the action wherein the said bond is given, is pending, either in vacation or term time, setting forth such reasons and verify the same by his oath. Whereupon said judge is authorized to hear the same in a summary manner and grant an order relieving the peti
а tioner from such bond if in his judgment the petitioner is entitled to such relief and upon such terms as shall be prescribed in order to secure the right of all parties interested in the cause; Provided, That a copy of such petition shall be served upon the principal and upon the co-surety or sureties on the bond and also upon the defendant in the cause, together with the notice of the time and place where the same will be presented, at least ten days before the hearing; Provided, That no surety on any replevin or attachment bond shall be relieved from his liability on such bond until a new bond shall have been given and approved, or until the property, the return or forthcoming of which such original bond was intended to secure, shall have been placed in the custody of the court.
Sub-Sec. 191. Original writs of attachment shall be directed to the sheriff of the proper county, commanding him to attach the defendant, by all and singular, his lands and tenements, goods, moneys, effects and credits, in whosoever hands the same may be found, with a clause of the nature and to the effect of an ordinary citation to answer the action of the plaintiff.
Sub-Sec. 192. Original writs of attachment shall be issued · and returned in like manner as ordinary writs of summons; and when the defendant is cited to answer the action, the like proceedings shall be had between him and the plaintiff as in ordinary actions on contracts, and a general judgment may be rendered for or against the defendant.
Sub-Sec. 193. The manner of serving writs of attachment shall be as follows:
I. The writ or other lawful statement of the cause of action, shall be served on the defendant as an ordinary summons;
II. Garnishees shall be summoned by the sheriff declaring to them that he summons them to appear at the return day of the writ, which shall be within twenty days after service where the garnishee is a resident of the district in which the process is issued, and thirty days thereafter where he is a resident of another district, to answer the interrogatories propounded by the plaintiff and which, together with the writ shall be served at the same time.
III. When lands or tenements are to be attached, the officer shall briefly describe the same in his return, and state that he attached all the right, title and interest of the defendant to the same, and shall moreover give notice to the actual tenants, if any there be.
IV. When goods and chattels, moneys, effects, or evidences of debt are to be attached, the officer shall seize the same and keep them in his custody, if accessible, and if not accessible, he shall summon the person in whose hands they may be as garnishee.
V. When the credits of the defendant are to be attached, the officer shall declare to the debtor of the defendant that he attaches in his hands all debts due from him to the defendant, or so much thereof as shall be sufficient to satisfy the debt, interest and costs, and summon such person as garnishee.
Sub-Sec. 194. All persons shall be summoned as gar. nishees who are named as such in the writ, and such others as the officer shall find in the possession of goods, money or effects of the defendant not actually seized by the officer and creditors of the defendant, and also such as the plaintiff or his agent shall direct.
Sub-Sec. 195. Notice of garnishment shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or other choses in action, dué or to become due, from the garnishee to the defendant, or belonging to the defendant and in the garnishee's possession or charge, or under his control at the time of the ser. vice of the garnishment, or which may come into his possession or charge, or under his control, or for, or on account of which he may become indebted to the defendant, between that time and the time of filing his answer; but he shall not be liable to a judgment in money on account of such bonds, bills, notes, drafts, checks, or other choses in action, unless the same shall have been converted into money since the garnishment or he fail in such time as the couri may prescribe to deliver them into court, or to the sheriff, or other person designated by the court. Any debt or legacy, due or to be. come due, by an executor or administrator, and any goods, effects, or credits in the hands of an executor or adminis. trator as such, may be attached in his hands by process of garnishment, and in like manner money, effects and credits, due or belonging, or to become due to an executor or admin. istrator as such, may be attached in the hands of the debtor or person holding the same.
Sub Sec. 196. When the defendant cannot be cited and his property or effects shall be attached, if he do not appear and answer to the action at the return day of the writ, the court shall order a publication to be made, stating the nature and amount of the plaintiff's demand and notifying the de. fendant that his property has been attached, and that unless he appears at the return day of said publication, judgment will be rendered against him and his property sold to satisfy the same; which notice by publication shall be published according to the requirements of Sub Section 24 of this Code of Civil Procedure.
Sub-Sec. 197. When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant in any subsequent suit.
Sub-Sec. 198. When property of the defendant found in his possession, or in the hands of any other person, shall be attached, the defendant or such other person may retain possession thereof by giving bond and security to the satisfac. tion of the officer executing the writ, to the officer or his successor in double the value of the property attached conditioned that the same shall be forthcoming when and where the court shall direct, and shall abide the judgment of the court.
Sub-Sec. 199. The officer executing the writ of attachment shall return, with the writ, all bonds taken by him in virtue thereof, a schedule of all property and effects attached, and the names of all the garnishees, the times and places when and where respectively summoned.
Sub-Sec. 200. If the officer wilfully fail to return a good and sufficient bond in any case where bond is required by this law, he shall be held and considered as security for the performance of all acts and the payment of all money to secure the performance of which such bond ought to have been taken.
Sub-Sec. 201. In all cases when properties or effects shall be attached, defendant may within the time limited in the writ of attachment, put in his answer, without oath, denying the truth of any material fact contained in the affidavit, to which the plaintiff may reply; and trial of the truth of the affidavit shall be had and on such trial the plaintiff shall be held to prove the existence of the facts denied, as set forth in the affidavit as the ground of attachment, and if the issue shall be found for plaintiff, the cause shall proceed, but if it be found
for the defendant, the attachment shall be dismissed at the costs of plaintiff.
Sub-Sec. 202. The garhishee shall file his answer to the written interrogatories served upon him, on or before the return day named in the writ, touching the property and credits attached in his hands as a garnishee. Said answer shall be on oath, and unless the court, for good cause extend the time such answer cannot be received after the return day. In default of such answer or of a sufficient answer the plaintiff may take judgment of default against said garnishee, or the court may upon motion compel him to answer by proceedings for contempt, and in all cases the court shall allow and tax as costs in the case the sum of teu ($10.00) dollars, to be paid to said garnishee for making his answer. Whenever the court shall adjudge the answer of any garnishee to be insufficient, leave shall be given to the garnishee to amend if he so requests, within such time as the court may order and in the manner the court may direct.
Sub-Sec. 203. The plaintiff may deny the answer of the garnishee in whole or in part, and the issue shall be tried as ordinary issues between parties. If on such trial the property or effects of the defendant be found in the hands of the garnishee, the value thereof shall be assessed and judgment shall be rendered for the proper amount of money. If the answer of the garnishee be not excepted to or denied within twenty days after filing the same and serving a copy thereof on plaintiff or his attorney of record, it shall be taken to be true and sufficient.
Sub-Sec. 204. If, by the answer not excepted to nor denied, it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the value of the property or effects, or of the debt, being ascer tained, judgment may be rendered against the garnishee.
Sub-Sec. 205. In all cases of controversy between the plaintiff and garnishee, the parties may be adjudged to pay or recover costs as in ordinary cases between plaintiff and defendant.
Sub-Sec. 206. Any person wishing to sue his debtor by attachment may do so by first filing with the clerk of the district court of the county having jurisdiction, or before the clerk of the probate court of such county, an affidavit and bond, as required to be made before the clerk of the district court, which shall authorize the clerk before whom such affidavit and bond shall be filed to issue writs of attachment, the same as clerks of the district court, which attachment, together with the affidavit and bond, when issued by clerks of the probate court, shall be by them made returnable as