Page:1862 Territory of Dakota Session Laws.pdf/102

CHAP. VII.] sale, conveyance, or disposition of his property, with such fraudulent intent; or, 3. Is about to remove his property, or a material part thereof, with the intent, or to the effect, of cheating or defrauding his creditors, or of hindering and delaying them in the collection of their debts, a creditor may bring an action on a claim before it is due, and have an attachment against the property of the debtor.

. 228. The attachment authorized by the last section, may be granted by the court in which the action is brought, or by a judge thereof, but before such action shall be brought, or such attachment shall be granted, the plaintiff, his agent or attorney shall make an oath in writing, showing the nature and amount of the plaintiff's claim, that it is just, when the same shall become due, and the existence of some one of the grounds for attachment, enumerated in the preceding section.

. 229. If the court or judge refuse to grant an order of attachment, the action shall be dismissed, but without prejudice to a future action; and in all such actions, application for an attachment must be made.

. 230. The order of the court or judge granting the attachment, shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action.

. 231. The order of attachment, as granted by the court or judge, shall not be issued by the clerk until there has been executed, in his office, such undertaking on the part of the plaintiff, as is directed by section one hundred and ninety.

. 232. The plaintiff in such action shall not have judgment on his claim, before it becomes due, and the proceedings on attachment may be conducted without delay.

. 233. The proceedings in the first article of this chapter, subsequent to section one hundred and ninety, shall, so far as they are applicable, regulate the attachments authorized by this article.

. 234. The injunction provided by this code is a command to refrain from a particular act. It may be the final