, 1854-06-24

tlOn Tor the recovery OF real estate, or the
possession thereof be dissolved, the DANA
ges assessed against the party obtaining
the Injunction shall include the reasonable
rents and profits of the lands recovered
and all waste committed after granting the
injunction.
Sec. l30 Upon an order being made
dissolving or modifying an order Of injunc-
ton, the plaintiff may move the court to re-
instate the order, and the court may in its
discretion allow the motion aud appoint a
time for hearing the same before the court,
or a time and place for hearing before some
Judge thereof, and upon the hearing the
parties may produce such additional af1ida-
Wits or dispositions as the court shall direct,
and the order of injunction shall be dis
solved modified or reinstated as the court
or Judge may deem right Until the hear
ing of the motion to reinstate the order Of
injunction, the order to dissolve or modify
il shall be suspended.
ATTACHMENT.
See. 1871 In an action for the recove-
ry Of money, the plaintiff, at the time of is
suing the Summons, or at any time after
wards, may have the property Of the de-
fendant attached in the manner hereinafter
prescribed as a security for the satisfaction
of such judgment as he may recover.
Sec. 1872. A writ Of attachment shall
be issued by the clerk of the court in which
the action is brought whenever the plain
tiff, his agent or attorney shall make afida-
Wit that cause of action exists against
such defendant, specifying the amount of
such claim over and above all legal set-OfIs,
and the nature thereof, and that as the af-
fant verify believes, the defendant is either
lst. A foreign corporation or
3D. A nonresident of this Territory; or
3d. Is secretly leaving, or has left the
Territory, with intent to hinder defraud,
or delay his creditors or ..-...-
4th Is about to sell, convey, or other.
wise dispose of his property with like in.
tent or
5th. Is removing, or about to remove
his property subject to execution, or ma.
terial part thereof, out of this Territory,
not leaving enough therein TO satisfy the
claim Of the plaintiff; or
9Th. Has concealed or is attempting to
conceal himself so that the ordinary process
Of law cannot be served upon him.
Sec. l33 No attachment for the cau.
ses mentioned in the second and third clau.
ses Of the preceding section, shall issue
against anyydebtOr while his family remains
settled within the county where he usually
resided, prior to his absence, if he shall not
continue absent from the Territory more
than one year after he shall have absented
himself, unless an attempt be made to con
ceal his absence.
Sec, 1874. If the wife or family Of the
debtor shall refuse or be unable to give an
account Of the cause Of his absence, OF the
place where he may be found, or shall give
false account Of either, such refusal, ina
bility, or false account, shall be deemed an
attempt to conceal his absence.
Sec. l35. The plaintiff, or some one in
His behalf, shall before the writ issues, exc
cute bond with sufficient surety, to be ap-
proved by the clerk, payable to the defend
ant, to the effect that the plaintiff will duly
prosecute his proceeding in attachment,
and will pay all damages which may be
sustained by the defendant, if the proceed
ings Of the plaintiff shall be wrongful and
. oppressive. .a u-a..
Sec. 1876. The writ shall be directed
and delivered to the sheriff. 1t shall re-
quire him To seize and take into his posses
sion the property Of the defendant in his
county not exempt from execution or sufFi-
cient thereof to satisfy the amount of the
plaintiffs claim and costs.
Sec. 1877. Writs of attachment NAV be
issued to the sheriff of any other county ;
and several Of them may, at the option OF
the plaintiff, be issued at the same time or
IN succession but the costs only of such as
have been executed in whole or in part,
shall be recovered against the defendant,
unless otherwise directed by the court
The plaintiff shall not have Judgment in any
such action except in some one of the fol-
lowing cases, viz
o. lst When the defendant shall have
been personally served with process or
e I'd. When property of the defendant
shall have been attached in the county
where the action is brought or
Sd. When gaFnisbee shall have been
summoned in the county where the action
y brought, who shall be found to be in.
debted to the defendant, or to have prop
ertY or assets in his hands subject to the
attachment. rff1 ur-
Sec, 1873. A writ of attachment may be
issued and executed on Sunday if the plain
tiif will show in his affidavit that the de-
fendant is about to abscond on that day.
to the injury. Of the plaintiff.
Sec. 139. The sheriff shall proceed,
with the assistance of disinterested and
credible householder of the county, to at
tach the lands and tenements, goods and
Ohatteb Of the defendant subject to exc
cntion, and shall with the assistance of such
householder, make an inventory and ap-
praisement thereof, and return the same
with the writ.