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and the court shall be satisfied, by affidavit or otherwise, that the adverse party could not be ready for trial in consequence thereof, a postponement may be granted to some day in term, or a continuance to another term of the court.

CHAPTER 83.

CLAIM AND DELIVERY OF PERSONAL PROPERTY.

SECTION

1.
2 When and how personal property may
3 be claimed.
1.
5. Proceedings by the marshal.

SECTION
6. Buildings and enclosures may be broken

open after demand.
7. Attendance of defendant may be com-

pelled for examination on oath as to situation of property.

SECTION 1. The plaintiff in an action to recover the possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as provided in this chapter.

Sec. 2. Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing:

1. That the plaintiff is the owner of the property claimed (particu. larly describing it) or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth.

2. That the property is wrongfully detained by the defendant.

3. That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure; and

4. The actual value of the property.

Sec. 3. When such affidavit is filed with the clerk, he shall issue an order for the seizure of the property, and delivery thereof to the plaintiff upon his executing the undertaking specified in scction five of this chapter.

SEC. 4. The order shall be directed and delivered to the marshal. It shall state the names of the parties to the action, and the court in which the action is brought, and direct the marshal to take the

property, describing it, and stating its value, as in the affidavit, and deliver it to the plaintiff upon his executing the undertaking specified in section five of this chapter.

Sec. 5. The marshal shall forth with proceed to execute said order, but before taking possession of such property, he shall take from the plaintiff, or some person in his behalf, a written undertaking, payable to the defendant, with sufficient surety to be approved by the marshal, to the effect that the plaintiff will prosecute his action with effect and without delay, and that he will return the property to the defendant if return thereof be adjudged by the court, and that he will pay

to the defendant all such sums of money as may be recovered against him by the defendant in the action for any cause whatever; which written undertaking shall be delivered to the marshal, and in default thereof the property shall remain with the defendant, but the action shall not be dismissed or delayed thereby. The return day of the order, when issued at commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it is issued.

Sec. 6. If the property, or any part thereof, be concealed in a building or enclosure, the marshal shall demand its delivery; if it shall not be delivered, he shall cause the building or enclosure to be broken

open, and take the property in his possession; and if necessary he may call to his aid the power of the county. If the marshal cannot find the property, or any part thereof, the action shall not abate, but be prosecuted to final judgment.

Sec 7. When it appears by the affidavit of the plaintiff, or other person in his behalf, or by the return of the officer, that the property claimed has been disposed of or concealed, so that the order cannot be executed, the court may compel the attendance of the defendant, examine him on oath as to the situation of the property, and punish a wilful obstruction or hindrance of the execution of the order, and a disobedience of the orders of the court in this respect, as in cases of a contempt.

26

CHAPTER 84.

OF INJUNCTIONS.

7. 8.

9.

SECTION

SECTION 1. Injunction may be granted by the court, 5. Bond to be given. or judge in vacation.

6. Parties may be heard before injunction, 2. In what cases an injunction may be

if deemed proper. granted. 3. At what time an injunction may be

Proceedings for dissolution of injuncgranted.

tion. 4. Injunction after answer not allowed,

except upon notice. SECTION 1. The writ of order or injunction requiring a person to refrain from a particular act may be granted by the circuit court, or by a judge thereof in vacation, and when made by a judge may be enforced as the order of the court.

Sec. 2. An injunction may be granted in the following cases :

1. When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.

2. When it shall appear by the complaint or affidavit that the commission or continuance of some act during the litigation would produce great or irreparable injury to the plaintiff.

3. When it shall appear during the litigation that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual.

4. In any case where it is specially authorized by statute.

Sec. 3. The injunction may be granted at the time of issuing the summons upon the complaint, and at any time afterwards, before judgment, upon affidavits. The complaint in the one case, and the affidavits in the other, shall show satisfactorily that sufficient grounds exist therefor. No injunction shall be granted on the complaint unless it be verified by the oath of the plaintiff, or some one in his behalf, that the person making the oath has read the complaint, or heard the complaint read, and knows the contents thereof, and the same is true of his own knowledge, except the matters therein stated on information and belief, and that as to those matters he believes it to be true. When granted on the complaint, a copy of the complaint and verification attached shall be served with the injunction ; when granted upon affidavit, a copy of the affidavit shall be served with the injunction.

SEC. 4. An injunction shall not be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction.

Sec. 5. On granting an injunction the court or judge shall require, except where the United States are a party plaintiff, a written undertaking on the part of the plaintiff, with sufficient sureties, to the effect that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto.

Sec. 6. If the court or judge deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted, and the defendant may in the meantime be restrained. .

SEC. 7. A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appear that the surety in the undertaking has removed from this District, or is insufficient, the court may dissolve the injunction, unless in a reasonable time sufficient security is given.

Sec. 8. If an injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice, to the judge who granted the injunction, or to the court, to dissolve or modify the same. The application may

The application may be made upon the complaint and the affidavit on which the injunction was granted, or upon affidavit on the part of the defendant, with or without answer. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to that on which the injunction was granted.

Sec. 9. If upon such application it satisfactorily appear that there is not sufficient ground for the injunction, it shall be dissolved, or if it satisfactorily appear that the extent of the injunction is too great, it shall be modified.

CHAPTER 85.

OF ATTACHMENT.

SECTION

SECTION 1. When and in what cases an attach- 16. Written allegations and interrogatories 2. ment may be issued.

may be exhibited. 2. Bond to be required of plaintiff.

17. Garnishee shall answer on oath. 4. What an attachment shall require the 18. When judgment may be rendered against marshal to do.

garnishee upon

default. 5. The return day of the writ.

19. Answer of garnishee may be excepted 6. What may be taken on an attachment. to for insufficiency. 7. In what manner the writ shall be exe- 20. Plaintiff may deny answer. cuted.

21. When judgment may be given against 8. How the writ shall be returned.

garnishee. 9. If real estate be attached, the return 22. How garnishee may discharge himself. shall be filed with the recorder.

23. Rule as to debts not due. 10. Garnishee liable to plaintiff for amount 24. How costs shall be adjudged. in his hands.

25. Plaintiff and defendant may be required 11. Officer of corporation, &c., shall furnish to attend and answer. certificate to the marshal.

26. 12. The marshal may sell perishable prop

How judgment shall be satisfied.

27. erty.

28. If defendant recover judgment, bond and 13. The marshal may redeliver property

property to be returned to him. upon bond being given.

29. After appearance, attachment may be 14. Marshal may summon a jury to try 30. s

discharged on bond being given. validity of a claim by a third person to 31. Attachment may be discharged if impersonal property.

properly issued. 15. A garnishee may be required in certain 32. The marshal sball return his proceedings cases to attend and be examined on

upon attachment. oath.

33. 2

} Attachment where debt is not due. SECTION 1. In an action for the recovery of money, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached, in the cases and in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as he may recover.

SEC. 2. A writ of attachment shall be issued by the clerk whenever the plaintiff, or some other person in his behalf, shall make affidavit that a cause of action 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 District, or has departed therefrom with the intent to defraud his creditors, or to avoid the service of a summons; or,

34.

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