lien, or pledge upon real or personal property; or, if so secured, that such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless.

2. In an action upon a contract, express or implied, against a defendant not residing in this Territory.

The Clerk of the Court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed setting forth

1. That the defendant is indebted to the plaintiff, specifying the amount of such indebtedness over and above all legal set-offs and counter-claims, upon a contract, express or implied, for the direct payment of money; and that the payment of the same has not been secured by any mortgage, lien, or pledge upon real or personal property; or, if so secured, that such security has without any act of the plaintiff, or the person to whom the security was given, become valueless; or,

2. That the defendant is indebted to the plaintiff, specifying the amount of the indebtedness as near as may be, over and above all legal set-offs and counter-claims, and that the defendant is a nonresident of the Territory; and,

3. That the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.

Before issuing the writ, the Clerk must require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, if the attachment be wrongfully issued.

CHAPTER VI.

ARREST IN CIVIL ACTION.

The defendant may be arrested, as hereinafter provided, in the following cases:

1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Territory, with intent to defraud his creditors; or when the action is for willful injury to person, to character, or to property, knowing the property to belong to another.

2. In an action for a fine or penalty, or on a promise to marry, or for money or property embezzled, or fraudulently applied, or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty.

3. In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the Sheriff.

4. When the defendant has been guilty of 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.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

To obtain an order of arrest, it must appear to the Judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists, and that the case is one of those above mentioned. The affidavit must be positive, or upon information and belief. Before making an order, the Judge must require a written undertaking on the part of plaintiff, with sureties in an amount to be fixed by the Judge, which must be at least five hundred dollars.

CHAPTER VII.

JUDGMENTS AND JUDGMENT LIENS.

In an action on a contract or obligation, in writing, for the direct payment of money, made payable in a specified kind of money or currency, judgment for the plaintiff may follow the contract or obligation, and be made payable in the kind of money or currency specified therein.

From the time the judgment is docketed it becomes a lien upon all the real property of the judgment debtor, not exempt from execution in the county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien continues for two years.

A transcript of the original docket, certified by the Clerk, and filed with the Recorder of any other county, becomes a lien on the property of the judgment debtor in such county, and continues for

two years.

A transcript of a judgment of a Probate Court, filed and docketed in the office of the District Clerk, becomes a lien upon the real estate of the judgment debtor for two years from date of filing and docketing.

A transcript of a judgment of a Justice of the Peace becomes a lien upon real estate by being filed and recorded in the County Recorder's office. By filing and docketing same in District Clerk's office, the Clerk may issue execution to any other county in the Territory.

CHAPTER VIII.

EXECUTIONS, EXEMPTIONS, SALE AND REDEMP

TION.

In all cases

A writ of execution to enforce the judgment may be issued at any time within five years after the entry thereof. other than for the recovery of money, the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the Court, upon motion or by judgment for that purpose, founded upon supplemental pleadings.

EXEMPTIONS FROM EXECUTION.

1. Chairs, tables, desks and books, to the value of one hundred dollars, belonging to the judgment debtor.

2. Necessary household, table and kitchen furniture belonging to the judgment debtor, including stove, stovepipe, and stove furniture of whatever kind, wearing apparel, beds, bedding and bedsteads, and provisions actually provided for individual or family use sufficient for three months.

3. The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness; two cows, one cart or wagon, and food for such oxen, horses, cows or mules for three months; also, all seed grain or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; the tools and implements of a mechanic necessary to carry on his trade; the instruments and chests of a surgeon, physician, surveyor, and dentist necessary to the exercise of their profession, with the professional library, and the law libraries of an attorney and counselor; also, the wardrobe and books of an actor.

4. The tents and furniture, including a table, camp-stools, bed and bedding of a miner; also, his rocker, shovels, spades, wheelbar

rows, pumps, and other instruments used in mining, with provisions necessary for his support for three months.

5. Two oxen, two horses, or two mules and their harness, and one cart or wagon, by the use of which a cartman, teamster, or other laborer habitually earns his living, and the food for such oxen, horses, or mules, for three months; and a horse used by a physician in making his professional visits.

6. All fire-engines, with carts, buckets, hose, and apparatus thereto appertaining, of any fire company or department organized under any law of this Territory.

7. All arms and accoutrements required by law to be kept by any

persons.

8. All court-houses, jails, public offices and buildings, lots, ground and personal property, the fixtures, furniture, books, papers, and appurtenances belonging to any county in this Territory; and all cemeteries, public squares, parks, and public buildings, town halls, markets, buildings appertaining to the fire departments, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use.

No article above mentioned shall be exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon.

SALE OF PROPERTY UNDER EXECUTION.

In case of perishable property, by posting written notices of the time and place of sale in three public places of the precinct, for a reasonable time, considering the condition of property. In case of other personal property, by posting similar notices in three public places of the precinct, township or city where the sale is to take place, not less than five, nor more than ten days successively. In case of real property, by posting similar notices, particularly describing the property, for twenty days successively, in three public places of the precinct, township, or city where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week for the same period in some newspaper published in the county, if there be one. All sales of property under execution shall be made at auction to the highest bidder, and shall be made between the hours of nine in the morning and five in the afternoon.