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under the execution, so much of the property, real or personal, may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sales shall be given and the sales conducted as in other cases of sales on execution.

Sec. 151. If, after selling all the property attached by him, remaining in his hands, and applying the proceeds together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judg

ment.

Sec. 152. If the execution be returned unsatisfied in whole or in part, the plaintiff may prosecute any undertaking given pursuant to section one hundred and fifty-five, or he may proceed, as in other cases, upon the return of an execution.

Sec. 153. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff's hands, shall be delivered to the defendant or his agent; the order of attachment shall be discharged and the property released therefrom.

Sec. 154. The defendant may, at any time, release any property in the hands of the sheriff, by virtue of any writ of attachment, by executing an undertaking as provided for in the next section; and all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in his hands, shall be released from the attachment and delivered to the defendant, upon the justification of the sureties and the undertaking.

Sec. 155. Before releasing such attached property, as aforesaid, to the defendant, the sheriff shall require an undertaking executed by the defendant, and at least two sureties, residents and freeholders, or householders in the county, to the effect, that in case the plaintiff recover judgment in the action, defendant will, on demand, re-deliver such attached property so released to the proper officer, to be applied to the payment of the judgment, and that in default thereof, the defendant and sureties will pay to the plaintiff the full value of the property so released. The sheriff may fix the sum for which the undertaking shall be executed, and if necessary, in fixing such sum, to know the value of the property released, the same may be appraised by three disinterested persons, to be appointed by the sheriff; and if any sheriff shall release any property held by him, under or by virtue of any writ of attachment, without first taking such bond as herein required, or shall take an insufficient bond, he and his sureties shall be liable for the value of such property so released.

Sec. 156. The defendant may also, at any time before the time for answering expires, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the attachment be discharged on the ground that the writ was improperly issued.

Sec. 157. If the motion 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 order of attachment was made.

Sec. 158. If, upon such application, it shall satisfactorily appear that the writ of attachment was improperly issued, it shall be discharged.

Sec. 159. The sheriff shall return the writ of attachment with the summons, if issued at the same time, otherwise within twenty days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto.

Sec. 160. All liens by attachment shall accrue at the time the property of the defendant shall be attached by the officer charged with the execution of the writ, in the order in which they are levied; and said liens shall not be affected by any subsequent attachment, or by any judgment obtained subsequent thereto : Provided, That if two or more attachments shall be levied upon the same property at the same time, they shall share pro rata, in the proceeds of said property; but in all cases the first attachment levied shall be first satisfied; Provided, further, That the first writ placed in the hands of the officer shall be levied first.

ATTACHMENT OF BOATS.

Sec. 161. Any boat found within the waters of this territory is liable, First. For all debts contracted by the master, owner, agent, clerk, or consignee thereof, on account of supplies furnished for the use of such boat, or on account of work done or materials furnished in building, repairing, fitting out, furnishing, or equipping such boat. Second. For all demands or damages accruing from the non-performance, or malperformance of any contract of affreightment, or any contract relative to the transportation of persons or property, entered into by the master, owner, agent, clerk, or consignee thereof. Third. For all injuries to persons or property, by such boat, or by the officers or crew, done in connection with (the) business of such boat.

Sec. 162. Claims growing out of any of the above causes are liens upon such boat, its apparel, tackling, furniture, and appendages, including barges and lighters, if owned by the owners of such boat, and used therewith, at the time suit is commenced.

Sec. 163. Such liens shall take preference of any claim against the boat itself, or any or all of its owners, growing out of any

other causes than those above enumerated, and as between themselves they shall be preferred in the following order: First. Those resulting from wages for services on board such boat, within the year then passed: Providing, That suit is brought within twenty days after the cessation of such labor. Second. Those resulting from contracts made within this territory. Third. All other

causes.

Sec. 164. Actions against boats, under the provisions of this act, shall not be brought after the lapse of one year from the time the cause of action accrued.

Sec. 165. The lien shall attach from the commencement of suit, subject only to such other liens as are of (a) preferred class.

Sec. 166. Any raft found in any of the waters of this territory shall be liable for all debts contracted by the owner, clerk, pilot, or agent thereof, on account of work done, or services rendered, for such raft.

Claims growing out of either of the above causes shall be liens upon the raft, its tackling and appendages, for the term of twenty days from the time the right thereof accrued, and the same rules shall govern and the same process shall be had that are prescribed for similar liens against boats.

Sec. 167. Any person desiring to take the benefit of this act shall file with any judge or clerk of any court, or justice of the peace, having jurisdiction, a complaint in writing, duly verified by the plaintiff, or his agent, or attorney, which complaint shall show that the plaintiff is entitled to the benefit of this act; whereupon such judge, clerk, or justice of the peace, shall issue his warrant to the proper officer, commanding him to seize the boat, its tackling, apparel, furniture, and appendages, and detain the same until released by due course of law.

Sec. 168. The complaint shall describe the boat by name as defendant, but if it have no name, then by such description as will enable the officer attaching to seize the proper property.

Sec. 169. The usual summons shall be issued, directed to the boat by name, or to the property to be attached, if no name appear, and be served upon the master, owner, clerk, agent, or consignee thereof, and if none of them can be found, by posting up a copy in some conspicuous part of the boat, or property to attached. The warrant shall be served according to the directions it contains.

Sec. 170.

Any sheriff, constable, or city marshal, or marshal of the territory, may serve the warrant and summons above mentioned, whether the same issue from the office of the clerk, or from a judge, or justice of the peace, and any clerk, judge, or justice may, in his discretion, appoint any suitable person to serve such summons and warrant, who shall have all the power of a sheriff in the premises.

Sec. 171. Any master, agent, clerk, consignee, or other person interested in the boat, may appear by himself, his agent, or attorney, for the defendant, and conduct the defence of the suit, and no continuance shall be granted to the plaintiff while the boat is in custody.

Sec. 172. The boat may be discharged at any time before final judgment, by giving bonds, with at least two sureties, to be approved by the officer serving the warrant, or by the clerk, judge, or justice who issued it, in a penalty double the plaintiff's demand and costs, conditioned that the obligors will pay the amount found due to the plaintiff with costs.

Sec. 173. If judgment be rendered against the boat before it is discharged, as provided in the last section, execution shall be issued against it, together with its apparel, tackling, furniture, and appendages.

Sec. 174. The officer may sell any of the furniture and appendages of the boat, if by doing so he can satisfy the demand; if he sell the boat itself he must sell it to the bidder who will advance the amount necessary to satisfy the execution, for the lowest fractional share of the boat, unless the person appearing for the boat require a different and equally convenient mode of sale.

Sec. 175. If a fractional share of the boat be thus sold, the purchaser shall hold such share, or interest, jointly with the

owners.

Sec. 176. Nothing herein contained shall affect the right of a plaintiff to sue in the same manner as though this act had not been enacted.

Sec. 177. It shall be sufficient for the plaintiff to allege in his complaint or affidavit, that the services were rendered or material (was) furnished the boat by its name.

CHAPTER V.

DEPOSIT IN COURT.

Sec. 178. Deposit in court.

Sec. 179. Appointment of receiver.

Section 178. When it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

Sec. 179. A receiver may be appointed by the court in which the action is pending, or by a judge thereof: First. Before judgment, provisionally on application of either party, when he estab lishes a prima facie right to the property, or to an interest in the property, which is the subject of the action, and which is in possession of an adverse party, and the property or its rents and profits are in danger of being lost, or materially injured or impaired. Second. After judgment, to dispose of the property according to the judgment, or to preserve it during the pending of an appeal; and, third, in such other cases as are in accordance with the practice of courts of equity jurisdiction.

TITLE VI.

CHAPTER I.

JUDGMENT IN GENERAL.

Sec. 180. Judgment-definition of.

Sec. 181. Judgment may e for or against one of the parties.
Sec. 182. Judgment may be against one party and action pro-

ceed on to the others.

Sec. 183. The relief to be awarded to the plaintiff.

Sec. 184. Action may be dismissed on nonsuit entered.

Sec. 185. Judgment on the merits-when.

Section 180. A judgment is the final determination of the rights of the parties in the action or proceedings, and may be entered in a term or vacation.

Sec. 181. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side as between themselves.

Sec. 182. In an action against several defendants the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment is proper.

Sec. 183. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but in any other case the court may grant him any relief consistent with the case made by the complaint, and embraced within the issue.

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