Page:Dakota Territory Reports.djvu/39

 such a process, so as to make it certain that he will have something with which to liquidate the judgment, if he should ultimately recover one.

Chapter 4, page 52, on the subject of attachment, fully protects in its provisions the rights of a defendant in preliminary, as well as final, proceedings; an affidavit must be made—security must be given on obtaining a warrant. The sheriff must attach the property and safely keep it, etc.

Sections 185. 188, pages 54, 55, give full protection to the rights of both parties. The sheriff is required to make and return an inventory of the property attached, to keep the property seized by him, or the proceeds of such as shall have been gold, to answer any judgment which may be obtained; and shall, subject to the direction of the court, collect and receive all debts, etc., for the purpose of protecting the respective interests of the parties.

The defendant may always know what property—personal—of his has been attached, for the officer will dispossess him of such as he can take into his possession, and such as is incapable of manual delivery he can attach by leaving a certified copy of the warrant of attachment with him, with a notice showing the property levied on.

And all persons may know what property has been attached, either personal or real, as the officer is required to make and return an inventory, by examining the same on file in the office of the clerk of the court. And lis pendens being necessary to be filed in the office of the register of deeds, in the county where the real property attached is situated, notice thereof is thereby given to all.

This statute, in our opinion, protects as fully the interests of the parties as the prior one, and is not so complicated. It also seems to be a revision of the whole subject-matter, and was evidently intended as a substitute for it; it is not, therefore, necessary to resort to the prior one in order to do complete and ample justice to, and protect the rights of, not only the parties in an action, but of all persons who may have any interest therein; we have, therefore, come to the conclusion