Page:1862 Territory of Dakota Session Laws.pdf/346

CHAP. XLIX.] guardian or father; or if neither of these can be found, then upon his mother or the person having the care or control of the infant, or with whom he lives. If neither of these can be found, or if the minor be more than fourteen years of age, service on him alone shall be sufficient. The manner of service may be the same as in the case of adults.

. 13. The parties are entitled to one hour in which to appear, after the time mentioned in the summons for appearances, but are not bound to remain longer than that time, unless both parties have appeared, and the justice being present, is engaged in the trial of another cause. In such case the justice may postpone the time of appearance until the close of such trial.

. 14. The plaintiff shall have an order of attachment against the property of the defendant, in a civil action before a justice of the peace, for the recovery of money before or after the commencement thereof, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing the nature of the plaintiff's claim; that [it] is just; the amount which the affiant believes the plaintiff ought to recover ; and the existence of some one or more of the following particulars : 1. That the defendant, or one of the several defendants, is a foreign corporation, or is a non-resident of the territory; or, 2. Has absconded with intent to defraud his creditors; or, 3. Has left the county of his residence to avoid the service of a summons; or, 4. So conceals himself, that a summons cannot be served upon him; or, 5. Is about to remove his property, or a part thereof, out of the county, with the intent to defraud his creditors; or, 6. Is about to convert his property, or part thereof, into money, for the purpose of placing it beyond the reach of creditors; or, 7. Has property or rights in action which he conceals; or, 8. Has assigned, removed, or disposed of, or about to dispose of his property, or a part thereof, with intent to defraud his creditors; or, 9. Fraudulently contracted the debt, or incurred