3. That he is about to remove permanently out of the Territory, and has refused to pay or secure the debt due the plaintiff; or, 4. That he secretes himself, so that the ordinary process of law cannot be served on him; or, 5. That he has secreted his property for the purpose of defrauding his creditors; or, 6. That he is about to secrete his property for the purpose of defrauding his creditors; or, 7. That he is about to remove his property out of the Territory, without leaving sufficient remaining for the payment of his debts; or, 8. That he is about to remove his property, or a part thereof, out of the county where the suit is brought, with intent to defraud his creditors; or, 9. That he has disposed of his property, in whole or in a part, with intent to defraud his creditors; or, 10. That he is about to dispose of his property with intent to defraud his creditors; or, 11. That he is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or, 12. That the debt is due for property obtained under false pretenses. The affidavit shall further state: 1. That the attachment is not sued out for the purpose injuring or harassing the defendant; and, of 2. That the plaintiff will probably lose his debt unless such attachment is issued. No such attachment shall issue until the suit has been duly instituted, but it may be issued in a proper case either at the commencement of the suit or at any time during its progress. The writ of attachment above provided for shall issue, although the plaintiff's debt or demand be not due, and the same proceeding shall be had thereon as in other cases, except that no final judgment shall be rendered against the defendant until such debt or demand shall become due. Before the issuance of any writ of attachment the plaintiff must execute a bond, with two or more good and sufficient sureties, payable to the defendant, in a sum not less than double the debt sworn to be due, conditioned that the plaintiff will prosecute his suit to effect, and will pay all such damages and costs as shall be adjudged against him, for wrongfully suing out such attachment. CHAPTER VII. GARNISHMENT. The Clerks of the District Courts and Justices of the Peace may issue writs of garnishment, returnable to their respective courts, in the following cases: 1. Where an original attachment has been issued as hereinbefore provided. 2. Where the plaintiff sues for a debt, and makes affidavit that such debt is just, due and unpaid, and that the defendant has not, within his knowledge, property in his possession, within this Territory, subject to execution, sufficient to satisfy such debt, and that the garnishment applied for is not sued out to injure either the defendant or the garnishee. 3. Where the plaintiff has a judgment and makes affidavit that the defendant has not, within his knowledge, property in his possession within this Territory, subject to execution, sufficient to satisfy such judgment. In the case mentioned in subdivision two of the preceding section, the plaintiff shall execute a bond, with two or more good and sufficient sureties, to be approved by the officer issuing the writ, payable the defendant in the suit, in double the amount of the debt claimed therein, conditioned that he will prosecute this suit to effect and pay all damages and costs that may be adjudged against him for wrongfully suing out such garnishment. Before the issuance of the writ of garnishment the plaintiff shall make application therefor in writing, under oath, signed by him, stating the facts authorizing the issuance of the writ, and that the plaintiff has reason to believe that the garnishee, stating his name and residence, is indebted to the defendant; or that he has in his hands effects belonging to the defendant; or that the garnishee is an incorporated or joint stock company, and that the defendant is the owner of shares in such company, or has an interest therein. The time in which the writ shall be returned is the same as summons in civil cases. CHAPTER VIII. JUDGMENT LIENS. The Clerk of a Court or a Justice of the Peace, when the person in whose favor the judgment was rendered, his agent, attorney, or assignee, applies therefor, shall make out and deliver to such applicant, upon the payment of the fee allowed therefor by law, an abstract of such judgment, and certify thereto under his hand and official seal, or if a Justice, under his hand. The abstract shall show: 1. The names of the plaintiff and defendant in such judgment. 2. The number of the suit in which the judgment was rendered. 3. The date when such judgment was rendered. 4. The amount for which the same was rendered, and the amount still due upon the same. 5. The rate of interest, if any, is specified in the judgment. When any such abstract is presented to the County Recorder for record, he shall file and immediately record the same in the judgment record, and shall also at the same time enter it upon the index. When any judgment has been recorded and indexed, it shall, from the date of such record and index, operate as a lien upon all of the real estate of the defendant situated in the county where such record and index are made, and upon all the real estate which the defendant may thereafter acquire situated in said county. When a lien has been acquired as provided in this Act, it shall continue for five years from the date of such record and index unless the plaintiff shall fail to have execution issued upon his judgment within twelve months after the rendition thereof, in which case said lien shall cease to exist. CHAPTER IX. EXECUTIONS, EXEMPTIONS, SALE AND Execution may be issued at any time within five years after the entry of judgment. The following property is exempt from execution: 1. The homestead, consisting of a quantity of land, together with the dwelling-house thereon, and its appurtenances, and the water rights and privileges pertaining thereto, sufficient to irrigate the lands, not exceeding in value the sum of four thousand dollars, allowed to the head of the family. The homestead may be selected by the debtor, or by appraisers duly appointed for that purpose. 2. $1000 worth of personal property, to be selected by himself. If the officer holding execution and defendant disagree as to value of property selected, each shall select an appraiser, who shall appraise the property, and if they disagree they may select a third party, and the decision of the three as to the value shall be final. If the defendant fail to select a person to act as an appraiser, the officer shall summon three disinterested property holders, neighbors of defendant, who shall designate and set apart for defendant said personal property. An execution may be made returnable in not less than ten nor more than ninety days after its receipt by the Sheriff. Notice of sale must be given as follows: 1. In case of perishable property, a reasonable time. 2. In case of personal property, not less than ten days, 3. In case of real property, three weeks. Upon the sale of real property, when the estate is less than a freehold of two years unexpired term, the sale shall be absolute. In all other cases, the real property is subject to redemption within six months after the sale, upon paying to the purchaser the amount of the purchase, with nine per cent. in addition, and all taxes or assessments paid by the purchaser. CHAPTER X. PROCEEDINGS SUPPLEMENTARY TO EXECUTION. When an execution is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the Judge of the Court, requiring such judgment debtor to appear and answer concerning his property before such Judge or a referee appointed. CHAPTER XI. ESTATES OF DECEASED PERSONS. Immediately after the appointment of the executor or administrator, he shall give notice through a newspaper published in the country, if there be one, and if not, then in such newspaper designated by the Court, requiring all persons having claims against the deceased to present them, with the necessary vouchers, within ten months after publication of the |