county in which it was issued, the summons shall have attached to it a certificate, under seal by the Clerk of the District Court of such county, to the effect that the person issuing the same was an acting Justice of the Peace at the date of the summons. CHAPTER VI. PLEADINGS IN CIVIL ACTIONS. The pleadings are the formal allegations by the parties of their respective claims and defenses for the judgment of the Court. The only pleadings allowed on the part of the plaintiff are: 1. The complaint. 2. The demurrer to the answer. And on the part of the defendant: CHAPTER VII. ATTACHMENTS. The plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, in the following cases: 1. In an action upon a judgment, or upon contract, express or implied, for the direct payment of money, where the contract is not secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured, such security has, without any act of plaintiff, or the person to whom the security was given, become valueless. 2. In an action upon a judgment or upon contract express or implied against a defendant not residing in this Territory. Affidavit for attachment must set forth: 1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs or counter claims), and whether upon a judgment or upon a contract for the direct payment of money, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally secured, that such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless; or, 2. That the defendant is indebted to the plaintiff (specifying such indebtedness over and above all legal set-offs or counter claims), and that the defendant is a non-resident of the Territory; and, That the attachment is not sought, and the action not prosecuted, to hinder, delay or defraud any creditor of the defendant. Before an attachment can issue, plaintiff must file an undertaking in District Court in a sum not less than $200, and not to exceed the amount claimed. In Probate and Justices' Courts, in a sum not less than $100, and not to exceed the amount of claim. CHAPTER VIII. CLAIM AND DELIVERY, ETC. Claim and delivery of personal property. Arrest and bail. Injunctions. Judgment and judgment liens. Judgment upon failure to answer. Judgment on proceedings without action by submission of a controversy. Judgment after verdict. Proceedings against joint debtors. Proceedings on offer to compromise. Judgment lien. Our statutes concerning the above subjects are similar to California. CHAPTER IX. EXEMPTIONS FROM EXECUTION. In addition to the homestead exempted by the Civil Code, the following property belonging to an actual resident of the Territory, is exempt from execution, except upon a judgment recovered for its price, or upon a mortgage thereon. 1. Chairs, tables, desks and books, to the value of two hundred dollars, belonging to judgment debtor. 2. Necessary household, table and kitchen furniture belonging to judgment debtor, including one sewing machine in actual use in a family, or belonging to a woman; stoves, stovepipe and stove furniture, beds, bedding and bedsteads, not exceeding in value three hundred dollars; wearing apparel, hanging pictures, oil paintings and drawings, drawn or painted by any member of the family, and family portraits and their necessary frames; provisions actually provided for individual or family use sufficient for three months; two cows with their suckling calves, and two hogs with their suckling pigs. 3. The farming utensils, or implements of husbandry of a farmer, not exceeding in value the sum of three hundred dollars; also, two oxen or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses or mules for one month; also, a water right not to exceed one hundred and sixty inches of water, used for the irrigation of lands actually cultivated by him; also, all seed, grain or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars. 4. Tools or implements of a mechanic or artisan necessary to carry on his trade, not exceeding in value the sum of five hundred dollars; the notarial seal and records of a notary public; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries; the law professional libraries and office furniture of attorneys, counsellors and judges, and the libraries of ministers of the gospel. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps and tools, not exceeding in value two hundred dollars; also one saddle animal and one pack animal, together with their saddles and equipments belonging to a miner actually engaged in prospecting, not exceeding in value two hundred and fifty dollars. 6. Two oxen, two horses, or two mules, and their harness; and one cart, wagon, dray or truck, by the use of which a cartman, drayman, truckmen, huckster, peddler hackman, teamster or other laborer, habitually earns his living; and one horse with vehicle and harness, or other equipments used by a physician, surgeon, or minister of the gospel, in making his professional visits, with food for such oxen, horses or mules, for one month. 7. The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or levy of attachment, when it appears by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family residing in this Territory, supported wholly or in part by his labor. 8. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars, if the person holding the share is not the owner of a homestead under the laws of this Territory. 9. All moneys, benefits, privileges or immunities accruing, or in any manner growing out of any life insurance on the life of the debtor, to an amount represented by an annual premium, not exceeding two hundred and fifty dollars. 10. All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department organized under any law of this Territory. 11. All arms, uniforms and accoutrements required by law to be kept by any person; also one gun. 12. All court houses, jails, public offices and buildings, school house, lots, grounds and personal property appertaining thereto; the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the court house, jail and public offices belonging to any county of this Territory, or for the use of schools, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this Territory. No article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon. For exemption of homesteads see "Homesteads." CHAPTER X. REDEMPTION, ETC. By whom real property may be redeemed and when. Costs. Security for costs. Statute regarding each of the above is same as in California. |