, 1854-06-24

merits. Whenever it shall be alleged that
a party has been so misled, that fact shall
be proved to the satisfaction Of the court,
and in what respect he has been mislcd I;
and thoreupon the court may order the
pleading to be amended upon such terms
. as shall be just.
Sec GT. When the variance is not ma
terial as provided in the last section, the
court may direct the fact to be found ac-
cording to the evidence, or may order an
immediate amendment, without cosIs,
Sec. 6S. When, however, the allega-
tion of the cause Of action or defence to
which the proof is directed is not proved,
not in some particular or particulars only,
but in its entire scope and meaning, it shall
not be deemed case Of variance within the
last two sections, but failure Of proof
Sec. 60 At any time before Judgment,
the court, on motion, may authorize any Of
the pleadings to be amended Oh such terms
as shall be deemed reasonable, and at any
time before the close Of the next term of
the court, after the term in which any iudg-
ment, order, or other proceeding is had,
the court, on motion, and upon good cause
shown, after reasonable notice to the I'D
verse party or his attorney, may relieve a
party from such judgment, order, proceed
ing taken against him, through his mistake,
inadvertence, surprise, or excusable neglect,
and supply an omission in any proceedings
Sec TO- When the plaintiff shall be ig-
norant of the name Of the defendant, such
defendant may be designated in any plead
ing or proceeding by any name and when
his true name shall be discovered, the plead
ing or proceeding may be amended accor-
dinghy.
Sec H. The court shall in every stage
Of an action, disregard any error or defect
in the pleadings or proceedings which shall
not affect the substantial rights of the adj
verse party and no judgment shall be re-
versed or affected by reason of such error
or defect
Sec. p. The court may on motion al
low supplemental peadings, showing facts
which occurred after the former pleadings
were filed.
Sec. 10. No person shall be arrested
or held to bail in any civil action except
upon the order = the court where the ac-
ton is brought or Judge of the supreme
court .. ..
Sec. "A. The defendant nay be arrest
ed as is hereinafter provided in the follow
ing cases and for the following causes only |
list. When the action is upon acontract
to recover damages and the defendant has
money or property and is about to abseond
from the Territory with, or conceal or dis
Of %, Il,
creditors
ID. Where the action is to recover pos
ession Of specific articles of personal prop
erty, or any instrument of writing, aud the
defendant conceals, or is about to conceal
destroy or dispose Of the subject matter Of
the suit with intent to defraud the plaintiff
g. Where the action is to prevent threat
ened injury TO, or destruction of property
in which'the party bringing the action has
some right, iptsrest or title which will be
impaired or destroyed by such injury or de-
struetiOn, and the danger is imminent that
such property will be destroyed, or its value
impaired to the injury of the plaintiff
T. On the final Judgment or order Of
any court in this Territory while the same
remains in force, when the defendant hav-
ing no property subject to execution or not
sufficient to satisfy such Judgment has mo
ney which he ought to apply in paAment
upon such judgment and which he refuses
to apply with intent to defraud the plain
it'd, or where be refuses TO COMPLY with u
legal order Of the conrt with intent to de-
fraud the plaintiff, or where any one or
more Of the causes exist for which an ar
rest is allowed in the first class of cases
mentioned in this section. PIP. .f.
Sec 49, The court or Judge making the
order shall first be satisfied by the affidavit
Of the party, and other proof, Or by other
proof that the case is one in which an ar
rest is provided for in section seventy-four,
and that one or more of the prescribed
causes exist, which proof shall be in wri-
ting, and together with the order be filed
with the clerk before he shall issue any
warrant for the arrest.
See. 76. The court or Judge making the
order, Snail, in all cases, specify therein the
amount in which the defendant shall be
held to BAIL which shall, in no case exceed
the demand of the plaintiff, and one hun
dred dollars in addition thereto, which
aponnt. .ths clerk shall endorse upon the
writ, and the court shall also in the order
Y6x the amount of the bond to be given by
the plaintiff as provided in the next sue
ceeding section which amount shall in no
case be less than one hundred dollars.
Sec II. Before any clerk shall issue a
warrant for the arrest of the defendant, he
shall require the. plaintiff to place on file
in his Office copy Of the order granting
the warrant, unless the same was made in
open court, and. appears in the minutes, the
original affidavit and proofs upon which the
order was made, and bond on behalf of
the plaintiff, in such an amount as the court
or Judge shall have fixed in the order, with