Page:1862 Territory of Dakota Session Laws.pdf/349

332 said action shall be proceeded with, the same as if summons had been duly served.

. 22. When the cause is continued as provided for in the preceding section, and it shall appear that any of the property taken under the attachment is live-stock, or is of a perishable nature, the justice may issue his order directing the officer having the custody thereof, to dispose of the same as upon execution; and the money realized therefrom shall be paid over to the justice and applied as other money realized from the sale of property attached is applied.

. 23. When the plaintiff, his agent or attorney, shall make oath, in writing, that he has good reason to and does believe that any person or corporation, to be named, and within the county where the action is brought, has property of the defendant (describing the same) in his possession, if the officer cannot conie at such property, he shall leave with such garnishee a copy of the order of attachment, with a written notice that he appear before the justice at the return of the order of the attachment, and answer as provided in section twenty-five.

. 24. The copy of the order and the notice shall be served upon the garnishee as follows: if he be a person, they shall be served upon him personally, or left at his usual place of residence; if a corporation, they shall be left with the president or other head of the same, or the secretary, cashier, or managing agent thereof.

. 25. The garnishee shall appear before the justice, in accordance with the command of the notice, and shall answer, under oath, all questions put to him touching the property of every description, and credits of the defendant, in his possession or under his control, and he shall disclose truly, the amount owing by him to the defendant, whether due or not; and in case of a corporation, any stock therein held by or for the benefit of the defendant, at or after the service of the notice.

. 26. A garnishee may pay the money owing to the defendant by him, to the constable having the order of attachment, or into the court. He shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim. He shall not be subjected to costs beyond those caused by his resistance of the claim against