2. In an action upon a contract, express or implied, for the direct payment of money, 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, showing:

1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, over and above all legal set-offs or counter-claims) upon a contract, expressed or implied, for the direct payment of money, and that such contract was made or is payable in this Territory, and that the payment of the same has not been secured by any mortgage, lien or pledge upon real or personal property; or

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

3. That the sum for which the attachment is asked is a bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought and the action is not prosecuted to hinder, delay or defraud any creditor or creditors of the defend

ant.

A written undertaking is required on behalf of the plaintiff, in a sum not less than the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment shall be discharged on the ground that the writ was improperly issued, the plaintiff will pay all costs awarded the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the amount specified in the undertaking.

CHAPTER VII.

ARREST IN CIVIL ACTIONS.

The defendant may be arrested in the following cases:

1. In an action for the recovery of money or damages, in 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 known to belong to another.

2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, 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, so that it cannot be found or taken by the officer.

4. When the defendant has been guilty of a 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.

An affidavit is required on behalf of the plaintiff, setting forth the grounds of arrest, and also an undertaking with sufficient sureties, in an amount of at least five hundred dollars.

CHAPTER VIII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment is the final determination of the rights of the parties in an action or proceeding.

Immediately upon the docketing of a judgment it becomes a lien upon all the real estate 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 two years. A transcript of the original docket, certified by the Clerk, may be filed with the Recorder of any other county, and thereby constitute a lien upon the lands of the judgment debtor in such county.

CHAPTER IX.

EXECUTIONS, EXEMPTIONS, SALE AND REDEMPTION.

Execution may be issued at any time within five years after the entry of judgment. Until a levy is made, property is not affected by execution.

The following property is exempt from execution :

1. The homestead, consisting of a quantity of land, together with the dwelling-house thereon and its appurtenances, and the water rights and privileges pertaining thereto, sufficient to irrigate the land, not exceeding in value the sum of five thousand dollars, allowed

to the head of a family. The homestead may be set apart after execution levied.

2. All spinning-wheels, weaving-looms with the apparatus, and stoves put up and kept for use in any dwelling-house.

3. A seat, pew, or slip occupied by such person or family in any house or place of public worship.

4. All cemeteries, tombs, and rights of burial, while in use as repositories of the dead.

5. All arms and accoutrements kept for use; all wearing apparel of every person or family.

6. The library and school books of every individual and family, not exceeding one hundred and fifty dollars, and all family pic

tures.

7. To each householder, ten goats or sheep, with their fleeces, and the yarn or cloth manufactured from the same; two cows, five swine, and provisions and fuel for the comfortable subsistence of such household and family for six months.

8. To each householder, all household goods, furniture and utensils, not exceeding in value six hundred dollars.

9. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable any person to carry on the profession, trade, occupation or business in which he is wholly or principally engaged, not exceeding in value six hundred dollars. 10. One sewing-machine and one musical instrument.

11. A sufficient quantity of hay, grain, feed, and roots for properly keeping the above-named animals for three months.

An execution may be made returnable in not less than ten nor more than sixty days after its receipt by the Sheriff.

Notice of sale must be given as follows:

1. In case of perishable property, a reasonable time.

2. In case of personal property, not less than five nor more than ten days.

3. In case of real property, twenty days.

Upon the sale of real property, when the estate is less than a freehold of two years unexpired term, the sale shall be absolute. In all other cases, the real property is subject to redemption within six months after the sale, upon paying to the purchaser the amount of the purchase, with eighteen per cent. in addition, and all taxes or assessments paid by the purchaser.

CHAPTER X.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

When an execution is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the Judge of the Court, requiring such judgment debtor to appear and answer concerning his property before such Judge or a referee appointed.

CHAPTER XI.

ESTATES OF DECEASED PERSONS.

Immediately after the appointment of the executor or administrator, he shall give notice through a newspaper published in the county, if there be one, and if not, then in such newspaper designated by the Court, requiring all persons having claims against the deceased to present them, with the necessary vouchers, within ten months after publication of the notice. If a claim be not presented within the ten months, it shall be forever barred; however, if it be not then due or is contingent, it may be presented within ten months after it shall become due or absolute; and when it shall be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator, and the Probate Judge, that the claimant had no notice by reason of being out of the Territory, it may be presented at any time before a decree of distribution is entered.