should not be granted, and the defendant may, in the meantime, be restrained. Sec. 134. An injunction to suspend the general and ordinary business of a corporation shall not be granted except by the court or a judge thereof; nor shall it be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this territory are a party to the proceedings. Sec. 135. If an injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice, to the judge who granted the injunction, or to the court in which the action is brought, to dissolve or modify the same. The application may be made upon the complaint and the affidavit on which the injunction was granted, or upon affidavit on part of defendant, with or without the answer. If the application be made upon affidavits on part of defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the injunction was granted. Sec. 136. If, upon such application, it satisfactorily appear that there is not sufficient ground for the injunction, it shall be dissolved; or, if it satisfactorily appear that the extent of the injunction is too great, it shall be modified. CHAPTER IV. ATTACHMENT. Sec. 137. Attachment-when issued. Sec. 138. Undertakings. Sec. 139. Attachment upon debt not due. Sec. 140: Writ of attachment—to whom directed. Sec. 141. Shares of stock and debts may be attached. Sec. 142. Writ-how executed. Sec. 143. To be subject to inspection. Sec. 144. Garnishment. Sec. 145. When garnishee liable to plaintiff. Sec. 146. Garnishee and defendant may be examined. Sec. 147. Inventory of attached property. Sec. 148. Perishable property. Sec. 149. When property claimed by third party. Sec. 150. If plaintiff obtained judgment—how satisfied. Sec. 151. If balance due-how collected. Sec. 152. When suit may be commenced on undertaking. Sec. 156. Discharge of attachment. Sec. 157. Motion and affidavits-how opposed. Sec. 160. Liens-when they accrue. Sec. 161. Boats may be attached-for what. Sec. 163. Liens-priority of Sec. 164. Limitations of actions against boats. Sec. 166. Raft-liability of. Sec. 167. Complaint and warrant. Sec. 168. Boat-how described. Sec. 169. Summons-how directed and served. Sec. 174. Sale under execution. Sec. 177. Name of boat sufficient in complaint and affidavit. Section 137. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant, not exempt from execution, attached, as security for the satisfaction of any judgment that may be recovered in said action, unless the defendant give good and sufficient security to secure the payment of said judgment: Provided, That no writ of attachment shall be issued until the plaintiff, his agent or attorney, shall file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, upon a contract, express or implied, for the payment of money, gold dust, or other property, then due, which is not secured by a mortgage lien, or pledge upon real or personal property, or if so secured that the security has become insufficient by the act of the defendant, or by any means has become nugatory. Sec. 138. Before issuing the writ the clerk shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, to be approved by the clerk, in a sum not less than double the amount claimed by the plaintiff, to the effect that if the defendant recover judgment, or if the court shall finally decide (that) the plaintiff was not entitled to an attachment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages he may sustain by reason of the wrongful suing out of the attachment, not exceeding the sum specified in the undertaking. Said sureties may be required to justify before the clerk of the court to the effect that cach, for himself, is worth the amount specified in the undertaking, over and above his debts and liabilities, and property by law exempt from execution in the territory of Montana. Sec. 139. Actions may be commenced, and writs of attachment issued, upon any debt for the payment of money, or specific property, before the same shall have become due, when it shall appear by the affidavit, in addition to what is required in section one hundred and thirty-seven of this act, first, that the defendant is leaving, or is about to leave, this territory, taking with him or her property, moneys, or other effects, which might be subjected to the payment of the debt, for the purpose of defrauding his creditors; or, second, that the defendant is disposing of his property, or is about to dispose of his property, subject to execution, for the purpose of defrauding his creditors: Provided, That any judgment obtained under the provisions of this section, shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt would have become due; And provided, also, That the defendant may, by a plea, put in issue the matter alleged in the affidavit herein required, and if the plaintiff fail to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate. Sec. 140. The writ shall be directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity with the complaint, unless the defendant deposit the amount or give him security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs, or in an amount equal to the value of the property which has been or is about to be attached, in which case to take such undertaking. Several writs may be issued at the same time to the sheriffs of different counties. Sec. 141. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profits thereon, and all debts due such defendant, and all other property in this territory of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution. Sec. 142. The sheriff to whom the writ is directed and delivered shall execute the same without delay, and if the undertaking mentioned in section one hundred and fifty-five be not given as follows: First. Real property standing upon the records of the county in the name of the defendant, shall be attached by filing a copy of the writ, together with a description of the property attached, with the recorder of the county. Second. Real property, or any interest therein, belonging to the defendant,. any held by any other person, or standing upon the records of the county in the name of any other person (but belonging to the defendant), shall be attached by leaving such person or his agent a copy of the writ and a notice that such real property (giving a description thereof), and any interest therein belonging to the defendant, are attached, pursuant to such writ, and filing a copy of such writ and notice with the records of the county. Third. Personal property capable of manual delivery shall be attached by taking it into custody. Fourth. Stock on shares, or (any) interest in stock or shares of any corporation or company, shall be attached by leaving with the president, or other head of the same, or the secretary, or cashier of the same, or other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of defendant is attached in pursuance of such writ. Fifth. Debts and credits, and other personal property not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ. Sec. 143. It shall be the duty of the county recorder to file and safely keep such copy of the writ and description of the property subject to the inspection of all persons, and such recorder shall receive a fee of twenty-five cents for such filing and safe keeping of said list, to be paid by the plaintiff in the action and taxed and allowed to him as other costs and disbursements in the action. Sec. 144. Upon receiving information in writing from the plaintiff or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the sheriff shall serve upon such person a copy of the writ, and a notice that such credits or other property or debts, as the case may be, are attached in pursuance of such writ. Sec. 145. All persons having in their possession, or under their control, any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided in the last section, shall be, unless such property be delivered up or transferred, or such debts be paid to the sheriff, liable to the plaintiff for the amount of such credits, property, or debts, until the attachment be discharged, or any judgment recovered by him be satisfied. Sec. 146. Any person owing debts to the defendant, or having in his possession, or under his control, any credits or other per sonal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff upon such terms as may be just, having reference to any liens thereon, or claims against the same, and a memorandum to be given of all other personal property, containing the amount. and description thereof. Sec. 147. The sheriff shall make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to debts and credits attached, he shall request, at the time of service, the party owing the debt, or having the credit, to give him a memorandum, stating the amount and description of each; and if such memorandum be refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amount and description of such debt or credit. Sec. 148. If any of the property attached be perishable, the sheriff shall sell the same in the manner in which such property is sold on execution. The proceeds, and other property attached by him, shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if the same can be done without suit. The sheriff's receipt shall be a sufficient discharge for the amount paid. Sec. 149. If any personal property attached be claimed under oath by a third party as his property, the sheriff shall deliver the property to such third party within five (5) days, if the plaintiff resides within the county, otherwise ten days after notice to plaintiff's attorney, unless that plaintiff give the sheriff good and sufficient bond to indemnify him against any loss or damage, by reason of holding such property. Sec. 150. If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by him, which has not been delivered to the defendant, or claimant, as hereinbefore provided, or, subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose. First. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment. Second. If any balance remain due, and an execution shall have been issued on the judgment, he shall sell, |