Page:1862 Territory of Dakota Session Laws.pdf/352

CHAP. XLIX.] the several attachments, and the proceeds shall be applied accordingly.

. 36. The officer shall return upon every order of attachment what he had done under it. The return must show the property attached, and the time it was attached. When garnishees are served, their names, and the time each was served, must be stated. The officer shall also return, with the order, all undertakings given under it.

. 37. An order of attachment binds the property attached from the time of service, and the garnishee shall stand liable to the plaintiff in attachment for all property, moneys, and credits in his hands, or due from him to the defendant, from the time he is served with a written notice, mentioned in section, twenty-three; but when property is attached in the hands of a consignee or other person having a prior lien, his, lien thereon shall not be affected by the attachment.

. 38. If the defendant, or other person in his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the justice, in double the amount of the plaintiff's claim, to be stated in his affidavit, to the effect, that the defendant shall perform the judgment of the justice, the attachment in such action shall be discharged, and restitution made of any property taken under it, or the proceeds thereof; such undertaking shall also discharge the liability of a garnishee in such action, for any property of the defendant in his hands.

. 39. If in any case where an order of attachment has been issued by a justice of the peace, it shall appear from the return of the officer, and from the examination of that defendant the garnishee, that no property, moneys, rights, credits, or effects of the defendant have been taken under the attachment, but that the defendant is the owner of an interest in real estate in the county, the justice before whom said action is pending, shall, at the request of the plaintiff, forthwith certify his proceedings to the district court, of the proper county, and thereupon the clerk of said court shall docket said cause, and the action shall proceeded with in said court in all respects as if the same had originated therein.