TITLE 18. unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking, executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintif over and above their debts and liabilities, exclusive of property exempt from execution, and freeholders or householders of the county. And no claim to such property by any other person than the defendant or his agent, shall be valid against the sheriff unless made as aforesaid; and notwithstanding. such daim, when so made, he may retain the property a reasonable time.to demand such indemnity. affidavit, Notice, and SEC. 118. The sheriff shall file the notice and affidavit, with his when proceedings thereon, with the clerk of the court in which the action where to be is pending, within twenty days after taking the property mentioned therein; or, if the clerk reside in another county, shall mail or forward the same within that time. file When plain tiff may TITLE XIII. Provisional Remedy by Attachment. SEC. 119. When plaintiff may have property attached. 120. Writ of attachment, when and by whom granted. 121. Affidavit to be attached to writ: undertaking by plaintiff. 122. Writ, to whom directed, and what to contain. 123. What property may be attached. 124. Writ, how executed. 125. Proceedings when real estate is attached. 126. Third persons having property, &c., of defendant in their possession, when liable to plaintiff. 127. When certain persons must designate defendant's interest in corporation, to sheriff. 128. Perishable property must be sold: other property retained to answer judg ment. 129. When sheriff may deliver property to defendant. 130. Action upon undertaking when a defence. 131. Sheriff, when to summon a jury to try the right of property. 132. Order of examination, when to issue to persons not parties to suit. 133. When plaintiff may exhibit interrogatories to garnishee. 134. Garnishee to answer plaintiff's interrogatories under oath. 135. Judgment against garnishee, not final until final judgment against defendant. 136. Plaintiff may except to garnishee's answer. Answer, on what terms amended. 137. Denial of answer by plaintiff: trial of issue; answer when deemed true if not excepted to or denied. 138. When judgment may be given against garnishee, although his answer be not excepted to or denied. 139. How garnishee may discharge himself from liability. 140. Debts not due defendant may be attached. 141. Costs between plaintiff and garuishee the same as in other actions. 142. Claimant of attached property may be examined. 143. Judgment, how satisfied. 144. Satisfaction of attachment and return of property. 145. Judgment for defendant and return of property. 146. Discharge by undertaking of attachment, and return of property. 147. Nature of undertaking by defendants. 148. Defendant may move to vacate attachment. 149. Plaintiff may oppose motion by affidavit. SEC. 119. In an action for the recovery of money, the plaintiff, have defend at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached in the manner herein- TITLE 18. after prescribed, as a security for the satisfaction of such judgment ant's properas he may recover. ty attached. 7 Barb. 656. tachment, granted, and SEC. 120. A writ of attachment shall be issued by the clerk of Writ of atthe court in which the action is brought, whenever the plaintiff, by whom his agent or attorney, shall make affidavit that a cause of action when. exists against such defendant, specifying the amount of such claim. over and above all legal set-offs, and the nature thereof, and that, as the affiant verily believes, the defendant is either, 1. A foreign corporation; or 2. That he is not a resident of this territory, or has departed therefrom with the intent to delay or defraud his creditors, or to avoid the service of a summons; or 3. That he has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of his property, or any part thereof, with the intent to delay or defraud his creditors; or 4. That the debt was fraudulently contracted. be attached by plaintiff. SEC. 121. The affidavit required by the last section shall be Affidavit to attached to the writ upon issuing the same. Before executing to writ such writ, the sheriff to whom it is directed shall require a written undertaking on the part of the plaintiff, with one or more sureties, Undertaking in a sum not less than two hundred dollars nor exceeding the amount claimed by the plaintiff, 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 he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking. whom di what to re SEC. 122. The writ shall be directed to the sheriff of any county Warrant to it which property of such defendant may be, and shall require rected, and him to attach and safely keep all the property of such defendant quire. within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity with the complaint, together with costs and expenses. Several writs may be issued at the same tine to the sheriffs of different counties. Interests in corporation, attachment. SEC. 123. The rights or shares which the defendant may have in the stock of any corporation or company, together with the in- &c., liable to terest and profits thereon, all debts due such defendant, and all otler property, real or personal, in this territory, of such defendant, not exempt from execution, may be attached, and if judgment be recovered against him, be sold or collected to satisfy the judgment and execution. Writ, c. 124. The sheriff to whom the writ is directed and delivered, executed. shal execute the same without delay, as follows: 1. Real property shall be attached by leaving with the occupant therof, or if there be no occupant, in a conspicuous place thereon, a copy of the writ and affidavit certified by the sheriff. 2. Personal property, capable of manual delivery to the sheriff, shal be attached by taking it into his custody. 3. Stock or shares, or interest in stock or shares of any corporation or company, shall be attached by leaving with the president how TITLE 18. or other head of the same, or the secretary, cashier, or managing agent thereof, a copy of the writ and affidavit, and a notice that the stock or interest of the defendant is attached in pursuance of such writ. where tached. real 4. Debts and credits, and other personal property not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits, or other personal property, a copy of the writ and affidavit, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control belonging to the defendant, are attached in pursuance of such writ. The sheriff shall note on the writ the day, month and year when the attachment was made, and shall make a full inventory of the property attached, and return the same, together with the undertaking of the plaintiff, with the writ of attachment. Proceedings SEC. 125. If real estate be attached by virtue of any writ of estate is at-attachment, the sheriff shall make a certified copy of said writ and of his return thereon, and deliver it within ten days from the time of making such attachment, to the recorder of the county in which such real estate is situated, who shall file and record the same in a book to be kept for that purpose in the recorder's office. When so filed within ten days, the same shall be and continue a lien from the time of making the attachment, otherwise it shall be and continue a lien from the time it is filed, on all real estate mentioned or described in the return of the sheriff in such county, until the same shall be discharged; and when the said lien shall be discharged by the order of the court in which the action is pending, or by sati faction of the judgment rendered in the suit, it shall be the duty of the recorder, when requested, to record the satisfaction piece, a transcript of the record of such order, in a book to be kept for rcording such liens, and he shall enter on the margin of the page @ pages where the said writ and return are so recorded, a minute f such discharge. or satisfaction. Liability of third persons fendant. SEC. 126. All persons having in their possession or under thår having prop- control, any credits or other personal property belonging to the eerty of defendant, or owing any debts to the defendant at the time of servce upon them of a copy of the writ, affidavit and notice, as provied in section one hundred and twenty-four, shall, unless such propety be delivered up or transferred, or such debts be paid to the sheiff, be liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged, or any judgmentrecovered by him be satisfied. defendant's to be fur Certificate of SEC. 127. When the sheriff, with a writ of attachment aganst interest in a the defendant, shall apply to any person mentioned in the thirdand corporation fourth subdivisions of section one hundred and twenty-four, forthe nished. purpose of attaching the property mentioned therein, such peson shall furnish him with a certificate designating the number of shres of the defendant in the stock of the corporation or company, vith any dividend or incumbrance thereon, or the amount and desription of the property or credits held by such corporation, compny, or person for the defendant, or the debt owing to the defendant. TITLE 18. If such person refuse to do so, or if his certificate or statement be unsatisfactory to the plaintiff, he may be required by an order of the court in which the action is brought, or a judge thereof, to attend before such court or judge, and be examined on oath concerning the same, as hereinafter prescribed in this chapter; and disobedience to the order may be punished as a contempt. ishable prop tion of debts, SEC. 128. If any of the property attached be perishable, the Sale of persheriff shall sell the same in the manner in which property is sold erty, collecon execution. The proceeds thereof, and other property attached, & shall be retained by him to answer any judgment that may be recovered in the action, unless it be delivered over as prescribed in the next section, or unless sooner subjected to execution upon another judgment, recovered previous to the issuing of the writ of attachment. Debts and credits attached may be collected by the sheriff, if the same can be done without suit, and his receipts shall be a sufficient discharge for the amount paid. may deliver tached to de SEC. 129. The sheriff may deliver any of the property attached when sheriff to the defendant, or to any other person claiming it and in whose property atpossession it was attached, upon his giving a written undertaking fondant therefor, executed by two or more sufficient sureties, engaging to re-deliver it, or pay the value thereof to the sheriff, to whom execution upon a judgment obtained by the plaintiff in that action may be issued. on undertaking, defendant. SEC. 130. If an action be brought upon such undertaking Action against the principal or his sureties, it shall be a defence that the a defence for property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued. a When sheriff to summon jury to try right of property. amination to third per SEC. 131. If any personal property attached be claimed by third person as his property, the sheriff may summon a jury to try the validity of such claim, and the same proceedings shall be had thereon, with the like effect, as in case of seizure upon execution. SEC. 132. Whenever the sheriff, with a writ of attachment against Order of exthe defendant, shall apply to any person mentioned in section one when issued hundred and twenty-four, for the purpose of attaching the personal ons. property therein mentioned, and such person shall deny that he has any personal property of the defendant, or shall refuse to give the certificate required in section one hundred and twenty-seven, or if such certificate be unsatisfactory to the plaintiff, he may be required, by an order of the court in which the action is brought, or a judge thereof, to attend before such court or judge at a time therein stated, not less than ten days thereafter, and be examined on oath concerning the same. ries to gar SEC. 133. At any time after the allowance of such order, and Interrogatobefore such person shall be required to attend, the plaintiff may nishee. exhibit written allegations and interrogatories touching the property, stock or credits of the defendant, in the possession of or held by such person as garnishee, or debts owing to the defendant by him, and such garnishee shall be required to make full, direct and true answers to the same on oath. TITLE 13. garnishee. SEC. 134. On the day when the garnishee shall be required to Answer of attend before the court or judge, he shall exhibit on oath his answer to the allegations and interrogatories of the plaintiff, unless for good cause shown a further time shall be allowed; in default of such answer, the plaintiff may take judgment by default against him, or the court or judge may, upon motion, compel him to answer by attachment of his body. Judgment against garnishee. Plaintiff nishee's an- SEC. 135. Such judgment by default may be proceeded on to final judgment, in like manner as in actions against defendants, but no final judgment shall be rendered against the garnishee until there shall be final judgment against the defendant, and in no case for a greater amount than that sworn to by the plaintiff, with interest and costs. SEC. 136. The plaintiff may except to the answer of any garnigar-shee for insufficiency, and if the same shall be adjudged insufficient, the court or judge may allow the garnishee to amend his answer, in such time and on such terms as shall be just, or the plaintiff may take judgment by default, or move the court or judge to attach the body of the garnishee to compel a sufficient answer. Answer taken as true, SEC. 137. The plaintiff may deny the answer of the garnishee, if not denied in whole or in part, and the issues shall be tried as ordinary issues between plaintiff and defendant. If the answer be not excepted to or defined, in such time as the court or judge may deem proper, it shall be taken to be true and sufficient. to. Judgment, SEC. 138. If by the answer not excepted to, nor denied, or if, when rendered, al- upon trial, it shall appear that the garnishee is possessed of property though answer be not or effects of the defendant, or is indebted to the defendant, the value excepted to of such property or effects, or of the debt, being ascertained, judgment may be rendered against the garnishee for the proper amount in money, and in such case the court may make him a reasonable allowance for his trouble in answering, to be paid out of the fund confessed in his hands. or denied, How nishee gar may himself from SEC. 139. Whenever any property, effects, money or debts, bedischarge longing or owing to the defendant, shall be confessed or found by liability be the court, judge or jury, to be in the possession of the garnishee, he judgment. may at any time before final judgment, discharge himself by delivering the same to the sheriff. fore final Debts not due may be SEC. 140. Debts not yet due to the defendant may be attached, attached. but no execution shall be awarded against the garnishee for such debts until they shall become due. Costs against SEC. 141. In all cases of controversy between the plaintiff and plaintiff for garnishee, the parties may be adjudged to pay or recover costs, as in ordinary cases between plaintiff and defendant. garnishee. Claimant may be court and SEC. 142. The defendant or claimant may be required to attend brought into before the court, judge or jury, for the purpose of giving any necesexamined. sary information respecting the property attached, and may be thereupon examined on oath concerning the same. plaintiff, SEC. 143. If judgment be recovered by the plaintiff against the how satisfied defendant in such action, the sheriff shall satisfy the same out of the property attached by him, if it be sufficient for that purpose: Judgment of |