Page:1862 Territory of Dakota Session Laws.pdf/347

330 the obligation, for which suit is about to be, or has been brought. When the defendant is a foreign corporation, or a non-resident of the territory, the attachment shall not be granted, unless the claim is for debt or demand arising upon contract, judgment, or decree.

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

. 16. The order of the attachment may be made to accompany the summons, or at any time afterwards, before judgment, it shall be addressed and delivered to any constable of the proper county, and shall require him to attach the goods, chattels, stocks, or interests in stocks, rights, credits, moneys, and effects of the defendant in his county not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy, the plaintiff's claim, to be stated in the order as in the affidavit, and the probable costs of the action not exceeding fifty dollars.

. 17. The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be executed and returned forth with.

. 18. When there are several orders of attachment against the same person, in the hands of the same officer, they shall be executed in the same order in which they are received by said officer: he shall go to the place where the defendant's property may be found, and there, in the presence of two credible persons, declare that by virtue of said order, he attaches said property at the suit of said plaintiff; and the officer, with two residents of the county, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all property attached which shall be signed by the officer and said residents and returned