defendant's securities.

property be not so required within three days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in section 124. Justification of SEO. 120. The defendant's sureties, upon a notice to the plaintiff, of not less than two nor more than six days, shall justify before a judge or justice of the peace, in the same manner as upon bail on arrest; upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties, until they justify, or until justification is completed, or expressly waived, and may retain the property until that time, but if they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.

Qualification and justifica

tion of sureties

Property, how taken when concealed in

building or enclosure.

Propertyhow kept

Claim of property by third person and proceedings thereon.

SEC. 121. The qualification of sureties and their justifi cation shall be as prescribed by sections 102 and 103, in respect to bail upon an order of arrest.

SEO. 122. If the property or any part thereof be concealed in a building or enclosure, the sheriff shall publicly demand its delivery; if it be not delivered, he shall cause the building or enclosure to be broken open and take the property into his possession; and if necessary he may call to his aid the power of his county.

SEC. 123. When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.

SEC. 124. If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto, and right to the possession thereof, stating the grounds of such right and title, and serve the same upon the sheriff, the sheriff shall not be bound to keep the property, or deliver it to the plaintiff, 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 affi davit of the plaintiff, and freeholders and 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 claim, when so made, he may retain the property a reasonable time to demand such indemnity.

SEO. 125. The sheriff shall file the notice and affidavit Notice and with the proceedings thereon, with the clerk of the court affidavit-when in which the action is pending, within twenty days after and where to taking the property mentioned therein.

be filed.

form of an

SEO. 126. The writ of injunction may be in the form of Injunction an order as prescribed in this act. The order may be made may be in the by the court in which the action is brought, or by a judge order. thereof, or by a county judge or court commissioner, in the cases provided in the next section; and, when made, may be enforced as the order of the court.

SEC. 127. Where it shall appear by the complaint that Injunction in the plaintiff is entitled to the relief demanded, and such what cases relief, or any part thereof, consists in restraining the com- granted. mission or continuance of some act, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens, or is about to do, or procuring or suffering some act to be done in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And when, during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove or dispose of his property with intent to defraud his creditors, a temporary injunc tion may be granted to restrain such removal or disposition.

SEC. 128. The injunction may be granted at the time of At what time commencing the action, or at any time afterwards before it may be be granted and judgment, upon its appearing satisfactorily to the court or upon what judge, or court commissioner, by the affidavit of the plain- granted. tiff, or of any other person, that sufficient grounds exist therefor. A copy of the affidavit must be served with the injunction.

SEO. 129. An injunction shall not be allowed after the Notice when defendant shall have answered, unless upon notice, or requiredtemporary inupon an order to show cause; but in such case the defen- junction. dant may be restrained, until the decision of the court or judge, granting or refusing the injuction.

SEO. 130. Where no provision is made by statute, as to Security upon security upon an injunction, the court or judge or commis- injunction and damages there sioner shall require a written undertaking, on the part of on-how asthe plaintiff, with or without securities, to the effect that certained. the plaintiff will pay to the party enjoined, such damages, not exceeding an amount to be specified, as he may sustain by reason of the injunction, if the court shall finally

Order to show

decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference or otherwise, as the court shall direct.

SEC. 131. If the court or judge or commissioner deem cause why in- it proper that the defendant, or any of several defendants, junction should be heard before granting the injunction, an order should not be. may be made, requiring cause to be shown, at a specified time and place, why the injunction should not be grant ed; and the defendant may, in the meantime, be restrain

granted.

ness of corporation.

ed.

Security upon SEO. 132. An injunction to suspend the gereral and injunction to ordinary business of a corporation, shall not be granted, suspend busi. except by the court or judge thereof; nor shall it be granted without due notice of the application therefor, to the proper officers of the corporation, except where the people of this state are a party to the proceeding, unless the plaintiff shall give a written undertaking, executed by two sufficient sureties, to be approved by the court or judge, to the effect, that the plaintiff will pay all damages, not exceeding the sum to be mentioned in the undertak ing, which such corporation may sustain, by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court shall direct.

Motion to va

SEC. 133. If the injunction be granted by a judge of the cate or modify court, or by a county judge, or court commissioner, withiujunction. out notice, the defendant, at any time before the trial, may apply, upon notice, to the judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the complaint and the affidavit on which the injunction was granted or upon affida vits on the part of the defendant, with or without the

Affidavits on motion.

Attachments,

sue and in

answer.

SEC. 134. 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 proofs, in addition to those on which the injunction was granted.

SEC. 135. In an action for the recovery of money when may is- against a corporation created by or under the laws of any other state, government, or country, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself; or

what cases.

When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which

the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought; or

When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of such defendant attached in the manner hereinafter prescribed, as a security for the satisfaction of such jndgment as the plaintiff may recover.

SEC. 136. A warrant of attachment must be obtained Warrant of from a judge of the court in which the action is brought attachment and by whom or from a county judge or court commissioner.

granted,

SEO. 137. The warrant may be issued whenever it shall In what cases appear, by affidavit, that a cause of action exists against warrant may such defendant, specifying the amount of the claim, and be issued. the grounds thereof, and that the case is one of those mentioned in section 135.

attachment

SEO. 138. Before issuing the warrant, the judge or com Security on missioner shall require a written undertaking on the part of the plaintiff, with sufficient surety, 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, which shall be at least two hundred and fifty dollars.

of

whom directed and what to require.

SEC. 139. The warrant shall be directed to the sheriff Warrants, to any county in which property of such defendant may be, and shall require him to attach and safely keep all the property of such defendant within his county, or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses; the amount of which must be stated in conformity with the complaint, together with costs and expenses. Several warrants may be issued at the same time to the sheriffs of different counties.

all

ecuting war

SEO. 140. The sheriff to whom such warrant of attach- Mode of proment is directed and delivered, shall proceed thereon in ceeding in exrespects in the manner required of him by law, in case rant. of attachments; shall make and return an inventory, and shall keep the property seized by him, or the proceeds of such as shall have been sold, to answer any judgment which may be obtained in such action; and shall, subject to the direction of the court or judge, collect and receive into his possession all debts, credits and effects of the de

Proceeding in

fendant. The sheriff may also take such legal proceedings, either in his own name, or in the name of such defendant, as may be necessary for that purpose, and discontinue the same at such times, and on such terms as the court or judge may direct.

SEO. 141. If any property so seized shall be perishable, case of perish- or if any part of it be claimed by any other person than able property or vessels. such defendant, or if any part of it consist of a vessel, or of any share or interest therein, the same proceedings shall be had in all respects as are provided by law upon attachments.

Interest in corporation and association

liable to attachment.

Attachment

how executed incapable of manual del

on property

ery.

Certificates of

terest to be

SEO. 142. The right or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property in this state of such defendant, shall be liable to be attached and levied upon and sold to satisfy the judgment and execution.

SEC. 143. The execution of the attachment upon any such rights, shares, or any debts or other property incapable of manual delivery to the sheriff, shall be made by leaving a certified copy of the warrant of attachment with the president or other head of the association or corpora tion, or the secretary, cashier, or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property levied on.

SEC. 144. Whenever the sheriff shall with a warrant of defendants in- attachment or execution against the defendant, apply to furnished by such officer, debtor or individual for the purpose of attachcorporation. ing or levying upon such property, such officer, debtor or individual shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend or any incumbrance thereon, or the amount and description of the property held by such association, corporation or individual, for the benefit of or debt owing to the defendant. If such officer, debtor or individual refuse to do so, he may be required by the court or judge, to attend before him and be examined on oath concerning the same, and obedience to such order may be enforced by attachment.

Judgment how satisfied.

SEC. 145. In case judgment be entered for the plaintiff in such action, the sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for that purpose;