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when issued out of the district court, and such affidavit and bond, and a duplicate of such writ shall be immediately transmitted by such probate clerk to the clerk of the district court of such county.

Sub-Sec. 207. The form of the affidavit of attachment shall be as follows, to-wit:

CORRITORY OF NEW MEXICO

SS.

County of

This day personally appeared before me, the undersigned clerk of the (district court, or probate court, as the case may be), A. B. (or C. D., agent for A. B., as the case may be), and being duly sworn, says that E. F. is justly indebted to the said A. B. in the sum of.... ....dollars, after allowing all

, just off-sets, and that the said E. F. is (setting forth one of the causes of attachment.)

A. B. or

C. D., Agent for A. B. Subscribed and sworn to before me this... day of...... A. D. .....

Clerk. Sub-Sec. 208. The form of said bond shall be as follows, to-wit:

KNOW ALL MEN BY THESE PRESENTS, That we (A. B., principal, or C. D., agent for A. B., principal, as the case may be) and N. N. and M. M., his securities, are held and firmly bound unto the Territory of New Mexico, in the sum of ........ dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seals and dated this ......day of ... .., A. D., ....

The condition of the above obligation is such that, whereas the above named A. B. has this day sued out an attachment before J. J., clerk of the (district court or probate court, as the case may be) against E. F. for the sum of........ dollars, in the district court for the county of.....

Now, if the said A. B. shall prosecute his said 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 said attachment, or any process of judgment thereon, then this obligation to be null and void, otherwise to remain in full force and effect.

A. B. (L. S.)
N. N. (L. S.)

M. M. (L. S.)
Sub-Sec. 209. In all suits in the district courts by attach-

ments, when the property attached shall be of a perishable nature and liable to be lost or diminished in value before the final adjudication of the case, and the defendant shall not give bond to retain the possession of the same, the plaintiff or defendant may make out a petition in writing setting forth the kind, nature and condition of the property, and present said petition to the judge of the district in vacation; and if he shall find it sufficient in form and conditions, he may hear the testimony of witnesses as to the property, and if he shall believe that the interests of both plaintiff and defendant will be promoted by the sale of the property, may order such sale to be made, and direct the manner thereof.

Sub-Sec. 210. In such case the judge may appoint some one to make such sale, and require such bond and security to be given for the faithful performance of the same and the accounting for the proceeds and paying the same over, as the nature of the case may demand.

Sub-Sec. 211. The judge may, if he shall tind the safety of the property or the security of the proceeds shall require it, appoint a special receiver to take possession of the same, after giving such bond and security as the judge shall approve.

Sub-Sec. 212. All such proceeds of sale of property shall be delivered to such person as the judge or court shall devermine entitled to the same upon the final disposition of the suit.

Sub-Sec. 213. The judge or court may allow to the receiver or person making said salè a reasonable compensation for his services, and the necessary costs for keeping and preserving the property.

Sub-Sec. 214. Hereafter in any civil suit pending, or which may hereafter be brought, when the summons against the defendant has been returned, executed, the plaintiff, his agent, or attorney, may, at any time, before judgment, file an affidavit with the clerk of the court in which the suit is pending, and give bond with security as in cases of original attachments; and thereupon the clerk must issue an attachment, returnable as in other cases of original attachments.

Sub-Sec. 215. In all cases when attachments are sued out ancillary to the original suit, the suit must thereafter proceed in all respects as if it had been commenced originally by attachment.

Sub Sec. 216. In all cases hereafter commenced by attachment, in which the truth of the affidavit for attachment, or of any material allegation therein contained shall be denied, and the issue thus formed shall, upon the trial be found for the defendant, the attachment shall be dismissed and all prop

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erty, rights, effects and credits held or affected thereby, or thereunder, shall be released and discharged from the operation thereof; but such dismissal of the attachment shall not abate the suit, but the same shall proceed as in ordinary cases.

Sub-Sec. 217. When the process of attachment shall issue against a party, who shall have or own any interest or amount of shares in any company doing business in, or corporation incorporated under the laws of this Territory, or any foreign corporation doing business in this Territory, the same may be attached in the following manner: The officer in whose hands the attachment is placed shall indorse an entry thereon of his levy on the corporate shares or interest of the defendant, and shall forthwith serve a copy of the attachment so indorsed upon the president of the company or corporation, at the office of the company, or by levying the same at the usual and most notorious place of doing business of such company or corporation in this Territory, which entry and service shall amount to and be considered a seizure of said corporate interest or shares, to all intents and purposes, and under an execution issued on such attachment, may be sold as in other cases of ordinary execution.

Sub-Sec. 218. Any transfer by the defendant cf the stock or interest so attached after the levy of such attachment shall be void, and when an execution is issued, the said stock or interest shall be sold by the sheriff, or his deputy, according to the existing provisions of law in this Territory in regard to the sale of personal property under attachment.

Sub-Sec. 219. Certificates of purchase shall be granted by the officer selling, which, on presentation to the proper officer of the company or corporation, shall authorizea transfer of the stock to the purchaser, and it shall be his duty to make such transfer on the proper books of the corporation or company, if necessary, and afford the purchaser such evidence of title to the stock purchased as is usual and necessary with other stockholders.

Sub-Sec. 220. From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction, and to have control of all subsequent proceedings in relation thereto; and if after the issuing of the order, the defendant being a person, should die, or a corporation, and its charter should expire by limitation, forfeiture or otherwise, the proceedings, shall be carried on, but in all such cases other than where the defendant was a foreign corporation, his legal representatives shall be made parties to the action.

Sub-Sec. 221. Any person, plaintiff or defendant, in any

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attachment or replevin suits pending in any court in this Territory, may, at any time before judgment, after reasonable notice to the person by whom any bond has been givenin any such suit, move the court for additional security on the part of any such principal in such bond, and if, on such motion, the court is satisfied that any surety on such bond has removed from the Territory, or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof, may make such order disposing of the property, the possession of which is held by virtue of such bond as the failure to give such additional security may require, and such orders may be made in vacation, as well as in term time.

Sub-Sec. 222. Any person interested in any bond by virtue of the attachment and replevin laws, may maintain suit thereon without any assignment by the officer to whom the same is given.

Sub-Sec. 223. That when an order or judgment discharg. ing an attachment is rendered in the district court, and the party who obtained such attachment shall seek to have the proceedings, on the trial of the issue on the affidavit for the attachment or the action of the court in cases where such trial was not had, reviewed in the supreme court, he shall have the right to do so upon appeal or writ of error in other cases. Upon his giving bond for a supersedeas, as in other cases, the lien of his attachment shall be preserved until the final review and determination of his right to his lien in the court of final appellate jurisdiction.

Sub-Sec. 224. It shall not hereafter be necessary that a final judgment as to the indebtedness claimed by the plaintiff in attachment shall be rendered, before the questions arising on the attachment proceedings may be reviewed on appeal or writ of error, but such appeal or writ of error may be sued out either before or after rendition of judgment on the indebtedness sued for.

Sub-Sec. 225. If the defendant or other person on his behalf at any time before judgment cause a bond to be executed to the plaintiff, by one or more sureties, possessing the same qualifications required of sureties on bonds for the issuance of attachment, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any pro. perty taken under it or the proceeds thereof. Such bond shall also discharge any garnishee from liability in said cause.

Sub-Sec. 226. If upon the trial of said cause judgment shall be rendered against the defendant on the demand sued for, such judgment shall also be rendered against the sureties on said bond given for the discharge of said attachment; and the giving of said bond shall have the effect of conferring jurisdiction upon the court to render said judgment against the said sureties, for the amount of the damages recovered against the defendant, without further process or notice.

Sub-Sec. 227. That where an original writ of attachment or replevin has been quashed for defect in the affidavit, bond or writ, the court shall allow an amendment thereof to cure the defect, under such circumstances as amendments of ordinary pleadings are allowed by law and with like effect; and alias and pluries writs of attachment or replevin shall be issued in the following cases:

I. Where on attachment under a prior writ an insufficient amount of property has been levied upon to satisfy the amount of damages claimed in the affidavit, with costs accrued or likely to accrue;

II. Where a prior writ has been quashed for defect that cannot be cured by amendment;

III. Where, in replevin, the property to be replevied has not been found in the county to or in which the original writ was directed or attempted to be served and the plaintiff wishes to undertake the replevin of property in another county.

Alias and pluries writs of attachment shall not be issued except upon a new affidavit and bond laying the foundation therefor the same as required of original writs; but alias and pluries writs of replevin may be issued upon the foundation laid by the original affidavit, bond to be given to the officer serving the writ as in cases of original writs of replevin.

Where the goods and chattels sought to be seized by a proceeding in replevin are not found, the action shall not abate, but may proceed as for conversion upon the facts set out in the complaint as originally stated, or as the same may be amended.

ARTICLE XIII-REPLEVIN. Sub-Sec. 228. Any person having a right to the immediate possession of any goods or chattels, wrongfully taken or wrongfully detained, may bring an action of replevin for the recovery thereof and for damages sustained by reason of the unjust caption or detention thereof.

Sub-Sec. 229. No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided

Sub-Sec. 230. Hereafter, whenever the goods or chattels

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