Page:1862 Territory of Dakota Session Laws.pdf/95

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78
CIVIL PROCEDURE.
[CHAP. VIII.

signed by the officer and residents, and returned with the order. Where the property attached is real property, the officer shall leave with the occupant thereof, or, if there be no occupant, in a conspicuous place thereon, a copy of the order. Where it is personal property and accessible, he shall take the same into his custody, and hold it subject to the order of the court.

Property released on execution of undertaking.Sect. 196. The sheriff shall deliver the property attached to the person in whose possession it was found, upon the execution by such person, in the presence of the sheriff, of an undertaking to the plaintiff, with one or more sufficient sureties, resident in the county, to the effect that the parties to the same are bound, in double the appraised value thereof, that the property or its appraised value in money, shall be forthcoming to answer the judgment of the court in the action; but if it shall appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof shall be remitted to the person so bound.

If property cannot be reached, garnishee ordered to answer.Sect. 197. When the plaintiff, his agent, or attorney, shall make oath in writing that he has good reason to and does answer 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 come at such property, he shall leave with such garnishee a copy of the order of attachment, with a written notice, that he appear in court at the return of the order of attachment, and answer as provided in section two hundred and eleven.

Order on garnishee, how served.Sect. 198. 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 officer of the same, or a managing agent thereof.

Different attachments may be made by same officer.Sect. 199. Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order.

If attached under subsequent orders.Sect. 200. Where the property is under attachment, it shall be attached under subsequent orders as follows: 1. If it