In Justices' Courts, defendants may be required to answer within two days after service, and not longer than ten days after service.

CHAPTER IV.

LIMITATIONS OF ACTIONS.

Actions for the recovery of real estate can only be brought within seven years after the plaintiff's having been lawfully seized and possessed of the premises by himself, grantor, ancestor, or prede

cessor.

Actions for the recovery of money on notes, bonds, or judgments recovered in a foreign State must be brought within four years after the cause of action accrued; and on accounts, within two years.

CHAPTER V.

ATTACHMENTS

Can only issue upon the filing of an affidavit on behalf of the plaintiff, showing the existence of a debt upon contract, specifying the nature and amount thereof, as near as may be, over and above all legal set-offs or counter-claims; that the same has not been secured by any mortgage, lien, or pledge upon real or personal estate within the Territory, or if so secured, that such security has

been rendered nugatory by the act of the defendant; that the defendant is not residing in this Territory, or that the defendant has departed the Territory or county where the action is brought, or that the defendant stands in defiance of an officer, or conceals himself so that process cannot be served upon him, or that he is disposing of his property with the intent to defraud his creditors; that the debt is an actual bona fide existing demand due and owing from the defendant to the plaintiff, and that the action is not sought or prosecuted to hinder, delay, or defraud any creditor of the defendant.

There must also be executed and filed an undertaking, with two sufficient sureties, in a sum not less than $200, nor exceeding the amount claimed by the plaintiff, conditioned, that if the defendant recover judgment in the action, the plaintiff will pay all costs that may be awarded to the defendant, not exceeding the amount specified in the undertaking.

CHAPTER VI.

ARRESTS IN CIVIL ACTIONS

Are issued upon filing an undertaking and affidavit, the same in effect as those required in attachment cases, except that in addition to the liability of sureties in attachment cases for costs, in cases of arrest they are liable for any damage which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, and the undertaking must be in a sum not less than $500. In either case, the sureties must annex an affidavit to the undertaking; that he is a resident and householder, or freeholder within the Territory, and worth double the sum specified in the undertaking, over and above all his debts and liabilities, exclusive of property exempt from execution.

The affidavit in cases of arrest differs from attachment affidavits only in this, that the arrest may be made in any action for a fine, or for money or property embezzled, or fraudulently misapplied, or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, or broker, agent or clerk, in the course of his employment, or by any person in a fiduciary capacity for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty or in an action to recover the possession of personal property, unjustly detained; when the property, or any part thereof, has been concealed, removed or disposed of, so that it cannot be found or taken by the Territorial marshal, his deputy, or the sheriff or his deputy; or where the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought, or is concealing or disposing of the property for the taking, detention or conversion of which the action is brought; or when the defendant has removed or disposed of his property or is about to do so, with the intent to defraud his creditors.

CHAPTER VII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment is collectable by execution, which may be issued any time after judgment, within three years after its rendition, and is a lien upon the real estate of the defendant within the county where it is rendered, from its rendition; executions may be issued to other counties, but the judgment constitutes a lien there, only from the time of filing a transcript of the judgment for record in the office of the county recorder of the county to which it is sent.

CHAPTER VIII.

EXECUTIONS, EXEMPTIONS, SALES, AND REDEMP

TION.

Property, real or personal, may be sold on twenty days' notice, under execution, but the execution may issue returnable in not lessthen ten days nor more than ninety days, and the execution may require the officer to satisfy the judgment in the particular kind of money ordered in the judgment.

The following property is exempt from execution:

1. Chairs, tables, desks and books, to the value of one hundred dollars belonging to the judgment debtor.

2. Necessary household, table and kitchen furniture belonging to the judgment debtor, including stoves, not to exceed one stove for every five persons of the family. Stove pipe and stove furniture, wearing apparel, one bedstead, one bed, and the necessary bedding for every two persons in the family, and provisions and fuel for the family sufficient for sixty days.

3. The farming utensils or implements of husbandry of the judgment debtor. Also, two oxen or two horses, or two mules and their harness; one cow and calf for every five persons in the family; one cart or wagon, and food for such oxen, horses, cows, or mules, for sixty days; 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 one hundred dollars.

4. The tools, tool chest, and implements of a mechanic or artisan, necessary to carry on his trade. The instruments and chests of a surgeon, physician, surveyor, or dentist, necessary to the exercise of their professions, with their scientific and professional libraries, and the law library of an attorney or counsellor, and the libraries of ministers of the gospel.

5. The tent or cabin of a miner, including a table, camp stools, a bed and bedding, and necessary tools used in mining, not exceed

ing the value of four hundred dollars, with provisions necessary to his support for thirty days.

6. Two oxen or two horses or two mules, and their harness, and one cart and wagon, by the use of which a cartman, teamster, or other laborer habitually earns his living, and food for such oxen, horses, or mules for sixty days; and a horse, harness, and vehicle used by a physician, surgeon, or minister of the gospel, in making his professional visits.

7. One sewing machine not to exceed in value $100.00, in actual use by the debtor or his family. If the debtor be head of a family, then there shall be a further exemption of five head of sheep and the wool therefrom for every person in his family, two hogs and three pigs under three months old, and the necessary food for all such animals for sixty days. All flax raised by the debtor and the manufactures therefrom, and all cloth manufactured in the family of the debtor for their own use; all spinning wheels and looms and other instruments of domestic labor kept for family use. The earnings of such debtor for his personal service, or those of his family, at any time within sixty days next preceding the levy.

8. All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus. All furniture and uniforms of any fire company or department now existing, or which may be under the laws of this territory hereafter organized.

9. All arms, ammunitions, uniforms, and accoutrements, required by law to be kept by a person.

10. All court-houses, jails, public offices and buildings, school houses, and houses of public worship, lots, grounds and personal property appertaining thereto. The fixtures, furniture, books, papers, and appurtenances belonging and appertaining to the court-house, jail, and public offices belonging to any county, or for the use of schools or houses of public worship; and all cemeteries, public squares, parks and places, town halls, markets for the use of fire departments and military organizations, and the lots and grounds thereto belonging, or held by any town or incorporated city, or dedicated to such town or city to health, ornament, or public use, to the use of any fire or military company now existing or hereafter organized.