, 1871-12-18

fed by him under the seal Of the said
court, or by evidence In open court; or
If personal service is made by a person
requested so to do By the plaintiff or his
attorney, by the affidavit of such person
taken before the clerk of court having
seal, with his certificate thereto at
tached under his hand and the seal of
said court, but such affidavit must state
the time. place, and manner of service.
SEC. GO. In case of servics otherwise
than by publication. the certificate or
affidavit shall state the time and place of
the service, aud from the time Of the
service of the summons and copy of
complaint in an action at law, the court
shall be deemed to have acquired juris-
diction, and to have control Of all the
subsequent proceedings.
SEC. 20. A voluntary appearance of
the defendant shall be equivalent to
personal service of the summons upon
him. 3R
SEC. II. All the forms of pleadings
heretofore existing in actions at law,
inconsistent with the provisions of this
act, are abolished, and hereafter the
forms of pleadinss in such actions, and
the rule by which the suficiency of
pleadings is to be determined, shall be
as herein prescribed.
SEC. 140. The plaintiff in an action to
recover the possession of personal prop
erty, may at the time of issuing the
summons, or at any time before answer,
claim the immediate delivery of such
property as herein provided.
SEC. 159. All writs of injunction shall
be issued by the register in chancery,
and shall issue under the seal of the
court, be tested in the name of the pre-
siding judge, be directed to the defend
ant, and may be, served by the same
person and in like manner as writs of
summons.
SEC. 172. The plaintiff at the time of
issuing the summons, or at any time
afterward, may have the property of
the defendant attached as security for
the satisfaction of any judgment that
may be recovered, unless defendant give
security to pay such Judgment as here
matter provided in the following cases ::
/. In an action on contract ex-
pressed or implied for the direct pay
ment of money, which is not secured by
a mortgage, lien or pledge upon real
or personal property, or if so secured,
that such security has been rendered
nuSatory by the act of the defendant
2. In an action upon contract,
expressed or implied, against q defend
ant not residing in this Territory.
SEC. 173. The clerk of the court shall
issue the writ of attachment upon re-
ceivins an affidavit by or on behalf of the
plaintiff. which shall be fled, showing:
1. That defendant is indebted to the
plaintiff Specifying the amount of such
Indebtedness over and above all legal
set-offs or counter claims) upon con-
tract express or implied, for the direct
payment of money, and that the pay
ment of the same has not been secured
by any mortgage, lien or pledge upon
any real or personal property.
2. That the defendant is indebt-
ed to the plaintiff (specifying the
amount of the Indebtedness over and
above all legal set-off or counter-claims)
and that the affiant verify believes that
the defendant is either
l. A foreign corporation; or,
2. That he Is q nonresident Of the
Territory, or has departed therefrom
with intent to delay or defraud his cred
itors, or to avoid the service of process.
or keeps himself concealed therein with
like intent; or,
8. That he has assigned, secreted or
disposed of his property, or is about SO
to do with intent to delay or defraud his
| creditors; or
5. That the defendant has been
guilty Of fraud in contracting the debt
or incurring the obligation for which
the action is brought, stating the facts
which constitute the alleged fraud A
6. That the attachment is not sought.
and the action is not prosecuted to him
der, delay, or defraud any creditor or
creditors of the defendant.
SEC. 1913. The sheriff shall return the
writ of attachment with the summons,
lif issued at the same time; otherwise
within twenty days after the receipt, with
a certificate of his proceedings endorsed
thereon, or attached thereto.
IN WHAT CASES JUDGMENT MAY BE HAD UP
on FAILURE TO ANSWER.
SEC. 291. Judgment may be had, If
the defendant fail to answer the com
plant, as follows:
1. In an action arising upon con-
tract for the recovery of money or dam
age only, if no answer has been filed
with the clerk of the court within the
time specified in the summons, or such
further time as may have been granted
bv the court or judge, the clerk, upon
The ann1icatinn of the plaintiff. shall