Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1874-03-05

the writ to the President or other head of
the corporation, or to the Secretary, cashier, or
managing agent thereof. If suit be against
foreign corporation, or nonresident joint
stock company or association doing business
within this Territory, service shall be had by
delivering copy of the writ to any Agent,
Cashier or Secretary thereof If the suit be
against minor under the age of fourteen
years, service shall be had by delivering
copy of the writ to such minor personally,
and also to his or her father, mother or guar
dian, or if there be none in the Territory,
then to any person having the care or control
sides, or in whose service he or she is en-
ployed. Ii the suit be against person judi
cially declared to be of unsound mind, or in
capable of conducting his Cor her) own at
| fairs, and for whom guardian has been ap-
pointed, service shall be had by delivering
| copy of the writ to such guardian. Copies of
the papers attested may be furnished by the
Clerk to (the:) adverse party, and the
| charges therefor taxed as costs in the case.
SECTION As. From the time of the service
| of the summons in civil action, the court
| shall bc deemed to have acquired jurisdiction
and to have control of all the subsequent
proceedings. A voluntary appearance of the
defendant shall he equivalent to personal
|
plaintiff shall allegc that there are, or that he
verify believes that there are, persons inter-
ested in the subject matter of the complaint,
whose names he cannot insert therein be-
| cause they are unknown to him, and shall
describe the interests of such persons and
| how derived, so far rs his knowledge eX-
tends, the court, or the Judge thereof in va
| catiOn, shall make an order, rs in case of
non-residents of publication of the summons,
| reciting moreover the substance Of the ale
cations of the complaint i'll relation to the in
| terests of such unknown parties, and after
! the completion OF service by such publica-
ton, the court shall have jurisdiction of such
| person and any judgment or decree rendered
! in the action. The action shall apply to and
include such persons with respect to such in-
| terest in the subject matter of tie action.
SECTION As. The only pleading on tie
part of the plaintiff shall be the complaint,
demurrer or replication to the defendants
answer, and the only pleadings ON the part
of the defendant shall be demurrer to the
replication or an answer to the complaint.
The demurrer or answer of the defendant,
and the demurrer or replication of the plak-
tiff, shall he filed with the Clerk.
| SECTION 1873. Before issuing the writ, the
Clerk shall require written undertaking on
the part of the plaintiff, with two or more
sufficient sareties, to be approved by the
Clerk, in 4 sum not less than the amoEnt
tie defendant recover judgment, or if the
court shall finally decide (that) the plaintiff
was not entitled to an attachment, the plain
tiff will pay all costs that may be awarded
to the defendant, and all damages he may
sustain by reason of the wrongful sueing out
of the attachment, not exceeding the sum
specified in the undertaking; said sureties
may be required to- certify before the Clerk
of the Court to the effect that each for him
self is worth the amount specified in the an-
oertaking over and above his debts and aia-
Eilites and property by law exempt from ex-
ecution il the Territory of Montana. Pro-
vided that when the amount claimed by the
plaintiff shall be one thousand dollars or any
sum under one thousand dollars, the said Tn.
dertaking shall he in q sum Ds4 less than
! double the amount claimed.
| SECTION 253. The execution may be made
returnable at any time not less than ten, nor
more than sixty days after its receipt by the
Sheriff to the Clerk with whom the judgment
roll is filed. When the execution shall hare
been returned, it shall I've the duty of the
Clerk to attach the same 10 the judgment
roll. If any real estate be LEVIED upon, the
Clerk shall record the return to the execution
at large, aud certify the same under his hand
as true copies in book to be called the 'Ex-
ecution Book" which book shall he indexed
with the names of plaintiffs and defendants
in execution alphabetically arranged. and
kept open at all times during Office hours for
the inspection of the public, without charge,
and shall be evidence of the contents of the
originals, whenever they, or any part there
of, may be destroyed, lost or mutilated.
| SECTION FL. Before the sale of property
on execution, notice shall be given as fol-
lows: First. In case of peIishable property,
| by posting written notices of the time and
place of sale in three public places of the
| township or city where the sale is to take
place, for such time as may be reasonable.
considering the character and condition of
the property. Second. In case of other per-
sonal property, by posting similar notice in
three public places in the township or city
| where the sale is to take place, not less than
five, nor more than ten days successfully.
Third. In case of real property, by posting
similar notice, particularly describing the
property, for twenty days successfully, in
three public places of the township or city
where the property is situated, and also
where the property is to be sold, and publish
ing brief notice of such sale once week
for the same period in some newspaper pub
lished in the county, if there be one, which
said notice shall be substantially as follows:
suERIFF's SALE.
John Doe rs. Richard Roe. TO be sold at
Shenff's sale, on the - day Of -, 1877,
at - There insert brief description of pro-
perty]. (signed, John Doe, Sheriff.. Any
Sheriff publishing notice not in accordance
with this form, and which shall cost more
than such notice, shall not be entitled to
any costs for the publication of the same,
but shall be personally liable for the pay