then to any person having the care or control of such minor, or with whom he resides, or in whose service he is, or by leaving a copy thereof at the dwelling house or place of abode of such person. Third, If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by reading the same to such guardian, or by leaving a copy thereof at his place of residence. Fourth, In all other cases, by reading the same to the defendant personally, or by leaving a copy at his place of residence.

SEC. 559. When the person on whom the service is to be made resides out of the Territory, or cannot, after due diligence, be found within the Territory, or conceals himself to avoid the service of summons, and the fact shall appear by affidavit to the satisfaction of the justice, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, the justice shall grant an order that service be made by publication of the summons. The order shall direct the publication to be made in a newspaper printed in the county in which the action is brought, if there is one, and, if not, in the newspaper printed nearest thereto, at least once a week: Provided, That a publication against a defendant residing out of the Territory, or absent therefrom, shall not be less than one month. The service of the summons shall be deemed complete at the expiration of the time prescribed by the order of publication.

SEC. 560. An order for the arrest of the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable at the time of serving the summons and brought before the justice, and there detained until duly discharged, in the following cases: First, In an action for the recovery of money or damages, and a cause of action arising on contract, express or implied, where the defendant is about to depart from the Territory with the intent to defraud his creditors. Sec⚫ond, In an action for the embezzlement of property, or fraudulently misapplied, or converted to his own use, by an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity. Third, When the defendant has been guilty of fraud in contracting the debt, or incurring the obligation for which the action is brought. Fourth, When the defendant has removed, concealed or disposed of the property,

or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action.

SEC. 561. Before any order for arrest shall be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of himself or some other person, the facts on which the application is founded. The plaintiff shall also execute and deliver to the justice a written undertaking, with two or more sureties, to the effect that if the defendant recover judgment, or if the order of arrest be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred dollars.

SEC. 562. The defendant, immediately on being arrested, shall be taken to the office of the justice who made the order, and if he be absent or unable to try the action, or if it be made to appear to him by the affidavit of the defendant that he is a material witness for the defendant, the officer shall immediately take the defendant before the next nearest justice within the county, who shall take cognizance of the action, and proceed thereon as if the summons had been issued and the order of arrest made by him.

SEC. 563. The officer making the arrest shall immediately give notice thereof to the plaintiff, or his attorney, or agent, and endorse on the summons and subscribe a certificate stating the time of serving the same, the time of the arrest, and of his giving notice to the plaintiff.

SEC. 564. The officer making the arrest shall keep the defendant in custody until duly discharged by the order of the justice: Provided, That the officer shall not be bound to keep such person under arrest more than twenty-four hours, unless the plaintiff advance each day the expenses of keeping such person.

SEC. 565. The defendant under arrest, on his appearance with the officer, may demand a trial immediately, and upon such demand being made, the trial shall not be delayed beyond three hours," except by the trial of another action pending at the same time, or he may have an adjournment, and be discharged on giving bail, as provided in the next section. An adjournment at the request of the plaintiff beyond three hours shall discharge the defendant from arrest, but the action may proceed as in other cases.

SEC. 566. If the defendant on his appearance demand an ad

journment, the same shall be granted on condition that he execute and file with the justice an undertaking, with two or more sufficient sureties, to be approved by the justice, to the effect that he will render himself amenable to the process of the court during the pending of the action, and such as may be issued to enforce the judgment therein, if it be found by the justice that the defendant was subject to arrest in such action, or that the sureties will pay to the plaintiff the amount of any judgment he may recover in the action. On filing such undertaking the defendant shall be discharged from custody. SEC. 567. The defendant may file a plea under oath, putting in issue the facts stated in the affidavit for the order of arrest, and the plaintiff shall be held to establish such facts, and if he fail to do so, the order of arrest shall be dismissed, and the defendant may proceed upon the undertaking of the plaintiff for his damages occasioned by the arrest.

SEC. 568. A writ to attach the property of the defendant shall be issued by the justice, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts that are required to be shown by the affidavit in cases of attachment in the district court.

SEC. 569. Before issuing the writ, the justice shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages that he may sustain by reason of the attachment.

SEC. 570. The writ may be directed to the sheriff, or any constable of the county, and shall require him to attach and safely keep all the property of the defendant in the 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 give him security, by the undertaking of the sufficient sureties, in an amount sufficient to satisfy such demand and costs, in which case, to take such undertaking.

SEC. 571. The provisions of this act, relating to attachments in "the district courts, shall be applicable to justices, courts, the word constable being substituted for the word sheriff where the writ is directed to a constable, and the word justice being substituted for the words judge and clerk.

SEC. 572. The plaintiff in an action to recover possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him, as provided herein.

SEC. 573. When a delivery is claimed, an affidavit shall be made by the plaintiff, or some one in his behalf, showing, First, That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof. Second, That the property is wrongfully detained by the defendant. Third, The alleged cause of the detention thereof according to his best knowledge, information, and belief. Fourth, That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an attachment or execution against the property of the plaintiff, or if so seized that it is by statute exempt from such seizure, and, Fifth, The actual value of the property.

SEC. 574. The justice shall thereupon, by an endorsement in writing upon the affidavit, order the sheriff or constable of the county to take the same from the defendant and deliver it to the plaintiff upon receiving the undertaking mentioned in the next section.

SEC. 575. Upon the receipt of the affidavit and order, with a written undertaking executed by two or more sufficient sureties, approved by the officer, to the effect that they are bound in double the value of the property, as stated in the affidavit, for the prosecution of the action, for the return of the property to the defendant if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff, the officer shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody, and shall notify the defendant in writing if he can be found in the county, of the taking of such property, and by what authority.

SEC. 576. At any time within two days after the taking of such property by the officer, the defendant may require the return thereof, upon giving to the officer a written undertaking, with two or more sureties to be approved by the officer, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff for the delivery thereof to the plaintiff, if

such delivery be adjudged, and for payment to him of such sum as may from any cause be recovered against the defendant. If a return of the property be not required, it shall be delivered to the plaintiff, except as provided in this act.

SEC. 577. If the property, or any part thereof, be concealed in a building or enclosure, the officer shall publicly demand its delivery, and if it be not delivered, he shall cause the building or enclosure to be broken open and take the property into his possession.

SEC. 578. When the officer shall have taken the property, as provided in this act, he shall keep it in a secure place and deliver it to the party entitled thereto, upon receiving his lawful fees for taking and his necessary expenses for keeping the same.

SEC. 579. If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the officer, the officer shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff on demand of him or his agent, indemnifying the officer against such claim by an undertaking executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff over and above their debts and liabilities, exclusive of property exempt from execution, and are property holders of the county, and no claims to such property by any other person than the defendant or his agent shall be valid against the officer unless so made.

SEC. 580. The officer shall return the order and affidavit, with his proceedings thereon, to the justice within five days after taking the property mentioned therein.

SEC. 581. The qualification of sureties on the several undertakings required by this act shall be as follows: First, Each of them shall be a resident and property holder within the county. Second, Each shall be worth double the amount stated in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution, which facts shall appear by the affidavits of the sureties annexed to the undertaking or endorsed thereon.