Page:1862 Territory of Dakota Session Laws.pdf/64

CHAP. VII.] . 3. Any plaintiff wishing to institute suit against a boat or vessel, shall file his complaint against such boat or vessel by name, with the clerk of the district court of the county in which such boat or vessel shall be or lie.

. 4. The complaint shall set forth the plaintiff's demand in all its particulars, and on whose account the same accrued; it shall be verified by the plaintiff, or some credible person for him.

. 5. Whenever any complaint, as aforesaid, shall be filed in the office of the clerk of the district court, it shall be his duty to issue a warrant returnable in twenty days, directing and authorizing the sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel, and furniture, until discharged from such custody by due course of law.

. 6. Upon the return of any warrant, issued by virtue of the next preceding section, proceedings shall be had before the district court, against the boat or vessel seized, in the same manner as if suit had been instituted against the person on whose account the demand accrued.

. 7. The master, owner, or consignee of the boat or vessel, may appear on behalf of such boat or vessel, and answer the complaint.

. 8. If [in] any action, commenced under the provisions of this act, the master, owner, agent, or consignee of the said boat or vessel shall not appear and answer the complaint in twenty days after the said action shall be commenced, the plaintiff may proceed to take judgment, in the same manner and under the same restrictions as in a civil action against a natural person: if an issue of facts should be joined, the proceedings shall be had as in other cases.

. 9. If the master, owner, agent, or consignee shall, before final judgment in any suit instituted by virtue of this act, give bonds to the plaintiff in such suit, with sufficient sureties, to be approved by the court or the judge or clerk thereof in vacation, conditioned to satisfy the amount that shall be adjudged to be owing and due to the plaintiff, in the determination of the suit, together with all costs accruing, such boat or vessel, with the tackle, apparel, and furniture belonging thereto, shall be discharged from further detention by the sheriff.