SEC. 75. At any time before the delivery of the property to the plaintiff, the defendant may, if the plaintiff consent thereto, be permitted to retain possession thereof, upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, in double the amount of the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of any such sum as may from any cause be recovered against the defendant. If the plaintiff does not consent, the property shall be immediately delivered to him by the sheriff.

SEC. 76. The qualification of sureties shall be as follows: First, Each shall be a resident of the county: Second, When the property claimed is not worth over two thousand dollars, each shall be worth the amount specified in the undertaking, over and above his debts, liabilities, and property by law exempt from execution. When the property claimed exceeds in value two thousand dollars, the officer may take the justification of each one, separately, so that the whole amount equals the amount of the sum specified in the undertaking. In all cases where the officer takes bail, as herein provided, he shall require the sureties to make oath of the facts, showing their qualifications as bail.

SEC. 77. If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery; if it be not delivered he shall cause the building or enclosure to be broken open, and take the property into his possession; and if necessary, he may call to his aid the power of the county.

SEC. 78. When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.

SEC. 79. If property taken be claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto, or right of possession thereof, stating the grounds of such title or right, and serves the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on the demand of him or his agent, indemnifies the sheriff against such claims, by an undertaking by two sufficient sureties, who shall have the same qualifications, and shall make affidavit thereof, as sureties in other cases herein speci

fied, and no claim to such property by any other person than the defendant or his agent shall be valid against the sheriff unless so made.

SEC. 80. The sheriff shall file the notice, undertaking and affidavit, with his proceedings endorsed thereon, with the clerk of the court in which the action is pending, within twenty days after taking the property mentioned therein.

SEC. 81. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that any bond executed in any of the proceedings herein mentioned, is insufficient, or the sureties thereto have not the qualifications of bail, as herein prescribed, the court may order new bonds to be given within a time limited, and if such bonds be not given within such time, the sheriff shall take and deliver the property to the party that would have been entitled to the possession of the same if no such bond had ever been executed.

TITLE VI.

CHAPTER III.

INJUNCTIONS.

SEC. 82. An injunction is a writ or order, requiring a person to refrain from a particular act. The order or writ may be granted by the court in which the action is brought, or by the judge thereof, or by the probate judge; and when made by a judge may be enforced as the order of the court.

SEC. 83. An injunction may be granted in the following cases: First, When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually: Second, When it shall appear by the complaint or affidavit that the commission or continuance of some act during the litigation, would produce great, irreparable injury to the plaintiff: Third, When it shall appear during the litigation, that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual.

SEC. 84. The injunction may be granted at the time of issuing

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the summons on the complaint, and at any time afterwards, before judgment, upon affidavit. The complaint in the one case, and the affidavits in the other, shall show satisfactorily that sufficient grounds exist therefor. No injunction shall be granted on the complaint, unless it be verified by the oath of the plaintiff, or some one in his behalf, that the person making the oath has read, or heard the complaint read, and knows the contents thereof, and the same is true of his own knowledge, except the matter therein stated on information and belief, and that as to those matters he believes it to be true. When granted on the complaint, a copy of the complaint, and verification attached, shall be served with the injunction; and when granted upon affidavit, a copy of the affidavit shall be served with the injunction.

SEC. 85. An injunction shall not be allowed after the defendant has answered, unless, upon notice, or upon an order to show cause; but in such case, the defendant may be restrained until the decision of the court or judge, granting or refusing the injunction.

SEC. 86. On granting an injunction, the court or judge shall require, except when the people of the Territory are a party plaintiff, with sufficient sureties, to the effect, that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decide that the plaintiff was not entitled thereto. SEC. 87. If the court or judge deem it proper that the defendant, or any of the several defendants, shall be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted; and the defendant may, in the meantime, be restrained!

SEC. 88. An injunction to stop the general and ordinary busi ness of a corporation, shall not be granted, except by the court, nor shall it be granted without due notice of the application therefor,. to the proper officers of the corporation, except when the people of the Territory are a party to the proceedings.

SEC. 89 If an injunction be granted without notice, the defendant at any time before the trial, may apply, upon reasonable notice to the judge who granted the injunction, or the court in which the action is brought, to dissolve or modify the same. The application may be made upon the complaint, or the affidavit, on which the injunction was granted, or upon affidavit on the part of

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the defendant, with or without the answer. If the application be made upon affidavit on the part of the defendant, but not otherwise the plaintiff may oppose the same, by affidavits or other evidence, in addition to those on which the injunction was granted.

SEC. 90. If upon such application it satisfactorily appears that there is not sufficient ground for the injunction, it shall be dissolved, or if it appear that the extent of the injunction is too great, it shall be modified.

CHAPTER IV.

GROUNDS OF ATTACHMENT.

SEC. 91. The plaintiff in civil action for the recovery of money, may at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated, and no other; when the debt or contract upon which the attachment is sought was contracted in this or some other Territory of the United States; or upon debts or contracts made out of this Territory, and in some of the States of the United States, and payable in this Territory; or for machinery or other property to be brought to this Territory; or freight upon the same; or for fare or passage money of persons coming to this Territory; First, When the defendant, or one of several defendants, is a foreign corporation or a non-resident of this Territory; or, Second, Has absconded, with intent to defraud his creditors; or, Third, Has left the county of his residence to avoid the service of a summons; or, Fourth, So conceals himself that a summons cannot be served upon him; or, Fifth, Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with intent to defraud his creditors; or, Sixth, Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or, Seventh, Has property or rights in action which he conceals; or, Eighth, Has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud his creditors: or, Ninth, Fraudulently contracted the debt or incurred the obligation for which suit is about to be, or has been brought. But an attachment shall not be granted on the ground that the defendant is a foreign corporation or a non-resi

dent of this Territory for any claim other than a debt or demand arising upon contract, judgment or decree.

SEC. 92. An order of attachment shall be made by the clerk of the court in which the action is brought, in any case mentioned in the preceding section, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing, First, The nature of the plaintiff's claims; Second, That it is just; Third, The amount which the affiant believes the plaintiff ought to recover; and, Fourth, The existence of some one of the grounds for an attachment enumerated in the preceding section.

SEC. 93. When the ground of the attachment is, that the defendant is a foreign corporation or a non-resident of this Territory, the order of the attachment may be issued without an undertaking. In all other cases, the order of attachment shall not be issued by the clerk until there has been executed in his office, by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages which he may sustain by reason of the attachment, if the order be wrongfully obtained.

SEC. 94. The writ shall be directed to the sheriff of any county in which the property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, and costs; the amount of which demand shall be stated, in conformity with the complaint, unless the defendant shall deposit with the sheriff an amount of money sufficient to cover plaintiff's demand, and costs of suit; which money shall be deposited by the sheriff with the clerk of the court out of which said writ of attachment issued; which money shall be held by said clerk, subject to the further order of the court. Several writs may be issued at the same time, to sher

iff's of different courts.

SEC. 95. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interests and profits thereon, and all debts due such defendant, not exempt from execution, may be attached, and if judgment be rendered, be sold to satisfy the judgment and execution.

SEC. 96. The sheriff to whom the writ of attachment is directed