CHAPTER V.

ATTACHMENTS.

The creditor in a civil action for the recovery of money, may, at or after the commencement thereof, by filing the necessary affidavit, have an attachment against the property of the debtor, and upon the grounds herein stated:

1. When the debtor, or one of several debtors, is a foreign corporation, or a non-resident of this Territory.

2. Has absconded with the intent to defraud his creditors.

3. Has left the county of his residence to avoid the service of a

summons.

4. So conceals himself that a summons cannot be served upon him.

5. Is about to remove his property, or a part thereof, out of the jurisdiction of the Court, with the intent to defraud his creditors.

6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors.

7. Has property or rights in action which he conceals.

8. Has assigned, removed, or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors.

9. Fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought.

But an attachment shall not be granted on the ground that the debtor is a foreign corporation, or a non-resident of this Territory, for any other claim than a debt or demand arising upon contract, judgment, or decree.

When a foreign corporation or non-resident is defendant, the writ may issue without an undertaking. In all other cases the writ will not be issued by the Clerk of the Court until there has been executed and filed in his office an undertaking with sureties ap

proved by him, in double the amount of plaintiff's claim, to the effect that plaintiff shall pay all damages which defendant may sustain by reason of the attachment, if the writ be wrongfully obtained.

CHAPTER VI.

ARREST IN CIVIL ACTIONS.

No person can be imprisoned for debt in any civil action on mesne or final process, unless in case of fraud. An order for the arrest of the debtor shall be made by the Clerk of the Court in which the action is brought, when there is filed in his office an affidavit of the creditor, or his authorized agent or attorney, made before any Judge of any Court of the Territory, or Clerk thereof, or Justice of the Peace, stating the nature of the creditor's claim, that it is just, and the amount thereof as nearly as may be, and establishing one or more of the following particulars :

1. That the debtor has removed, or begun to remove, any of his property out of the jurisdiction of the Court, with intent to defraud his creditors.

2. That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors.

3. That he has property or rights of action which he fraudulently conceals.

4. That he has assigned, removed, or disposed of, or has begun to dispose of his property, or a part thereof, with intent to defraud his creditors.

5. That he fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought.

The affidavit must also contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars. The creditor, before the issuing of the order of arrest, must give bond in double the amount of the claim stated in the affidavit. The death of a person under arrest does not satisfy the judgment.

CHAPTER VII.

JUDGMENT LIENS.

A judgment is a lien on the lands and tenements of a judgment debtor from the first day of the term at which it is rendered; but judgments by confession and judgments rendered at the same term at which the action is commenced bind such lands only from the date of their rendition.

If execution is not sued out within five years from the date of the rendition of judgment, such judgment becomes dormant, and ceases to operate as a lien. The judgment may subsequently be revived, but the lien is not restored, except from the date of revivor.

CHAPTER VIII.

EXECUTIONS, SALE, REDEMPTION AND EXEMPTIONS.

Executions are of three kinds

1. Against the property of the judgment debtor.

2. Against his person.

3. For the delivery of the possession of real property, with damages for withholding the same and costs.

The officer having the writ must levy first on the goods and chattels of the debtor, but if no goods be found, he shall indorse on the writ "no goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor liable to satisfy the judgment.

The officer may sell goods and chattels seized, by first publishing notice of the time and place of sale, for a period of ten days. Notice of the sale of lands and tenements must be published thirty days prior to the sale.

There is now in this Territory no statute providing for the redemption of property, either real or personal, sold on execution.

The exemptions from levy, or seizure, are a homestead not exceeding in value $1,500, so long as it is actually occupied as such by the debtor and his family, the value to be ascertained by appraisers.

So, too, the following personal property, when owned by the head of a family who is residing with the same: Furniture, bedding, and provisions, and such other articles as the debtor may select, not exceeding in value $500.

There is also exempt the necessary wearing apparel of every person, not exceeding in value $50.

The tools, team and implements, or stock in trade of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, not exceeding in value $300. Also the library, instruments and implements of any professional man, not exceeding in value $300.

There is no exemption in favor of a person not an actual resident of the Territory, nor one about to remove or abscond therefrom. And no article of property is exempt from attachment or sale, upon execution for the purchase money of said article of property.

CHAPTER IX..

PROCEEDINGS IN AID OF EXECUTIONS.

Proceedings in aid of executions may be had, in which the debtor may be examined and compelled to disclose and appropriate to the payment of the judgment any property which he may have unjustly refused to apply to that purpose.

A receiver may be appointed to take and dispose of such property of the judgment debtor that may be unearthed on examination, either legal or equitable, and appropriate the proceeds to the payment of the judgment.