Within two years-An action upon a contract, obligation or liability, not founded upon an instrument of writing; also, an action against a sheriff, coroner, or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. The above does not apply to open accounts for goods, wares and merchandise sold and delivered, nor to an action for an escape.

Within one year-An action for libel, slander, assault, battery, or false imprisonment; an action against a sheriff or other officer for the escape of a prisoner arrested on civil process; an action on an open account for goods, wares and merchandise sold and delivered.

The statute begins to run from the time the cause of action accrued.

Part payment does not prevent the statute running; but in an action brought to recover a balance due upon a mutual, open account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

An action upon a contract, obligation or liability for the payment of money, founded upon an instrument of writing, executed out of this Territory, can only be commenced as follows:

First. Within one year, when more than two and less than five years have elapsed since the cause of action accrued.

Second. Within six months, when more than five years have elapsed since the cause of action accrued.

When the cause of action has arisen in another State, Territory, or foreign country, and is there outlawed, no action will lie in this Territory. If when the cause of action accrues against a person, he is out of the Territory, the action may be commenced within the term herein limited, after his return to the Territory; and if after the cause of action accrues he departs from the Territory, the time of his absence shall not be part of the time limited for the commencement of the action.

CHAPTER VI.

ATTACHMENTS.

Attachments in District Court actions can only be issued:

1. In an action upon a contract, express or implied, for the direct payment of money, and which is not secured by a mortgage upon real or personal property.

2. In an action upon a contract, express or implied, against a defendant not residing in this Territory.

Before issuing the writ of attachment, an affidavit on the part of the plaintiff must be filed, showing:

That the defendant is indebted to the plaintiff (specifying the amount of the indebtedness over and above all legal set-offs or counter claims) upon a contract, express or implied, for the direct payment of money, and that such contract was made or is payable in the Territory, and that the payment of the same has not been secured by any mortgage on real or personal property, and showing also the existence of either of the following causes :

1. That the defendant is not a resident of this Territory.

2. That he is about to remove his property and effects beyond the limits of this Territory.

3. That he has absconded from his usual place of abode in this Territory, so that the ordinary process of law cannot be served upon him.

4. That he is about fraudulently to conceal or make away with his property and effects, so as to defraud, hinder, or delay his creditors.

5. That he has fraudulently concealed or made away with his property and effects, so as to defraud, hinder, or delay his creditors.

6. That he is about fraudulently to convey, assign, or dispose of his property, so as to defraud, hinder, or delay his creditors.

7. That he has fraudulently conveyed, assigned, and disposed of his property, to defraud, hinder, or delay his creditors.

8. That the defendant is a non-resident corporate body.

9. That he is about to remove from this Territory to avoid the ordinary process of law.

A written undertaking is required on behalf of the plaintiff, in a sum not less than double the amount claimed, with sufficient sureties, to the effect that if the defendant recover judgment the plaintiff will pay all costs awarded the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the amount specified in the undertaking.

In Justices' Courts, an attachment may be issued in an action upon a contract, express or implied, for the direct payment of money, which contract is made or is payable in this Territory, and is not secured by a mortgage upon real or personal property.

Upon filing with the justice an affidavit, on the part of the plaintiff, setting forth the above facts, and the amount of such indebtedness over and above all legal set-offs and counter claims; and upon the filing of an undertaking on the part of the plaintiff, with two or more sufficient sureties, to the effect that if the defendant recover judgment the plaintiff will pay all costs awarded the defendant, and all damages which he may sustain by reason of the attachment, the writ shall issue.

CHAPTER VII.

ARREST IN CIVIL ACTIONS.

The defendant may be arrested in the following cases:

1. In an action for the recovery of money or damages, in a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Territory with intent to defraud his creditors; or when the action is for willful injury to person, to character, or to property known to belong to another.

2. In an action for a fine or penalty, 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, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty.

3. 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 officer.

4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

An affidavit is required on behalf of the plaintiff, setting forth the grounds of arrest, and also an undertaking with sufficient sureties, in an amount of at least five hundred dollars.

CHAPTER VIII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment is the final determination of the rights of the parties in an action or proceeding.

Immediately upon the docketing of a judgment it becomes a lien upon all the real estate of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterwards acquire, until the lien expires. The lien con

tinues two years. A transcript of the original docket, certified by the clerk, may be filed with the recorder of any other county, and thereby constitute a lien upon the lands of the judgment debtor in such county.

CHAPTER IX.

EXECUTIONS, EXEMPTIONS, SALE, AND REDEMP

TION.

Execution may be issued at any time within five years after the entry of judgment. Until a levy is made, property is not affected by execution.

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 land, not exceeding in value the sum of five thousand dollars, allowed to the head of a family. The homestead may be set apart after execution levied.

2. All spinning-wheels, weaving-looms with the apparatus, and stoves put up and kept for use in any dwelling-house.

3. A seat, pew, or slip occupied by such person or family in any house or place of public worship.

4. All cemeteries, tombs, and rights of burial, while in use as repositories of the dead.

5. All arms and accoutrements kept for use; all wearing apparel of every person or family.

6. The library and school books of every individual and family, not exceeding one hundred and fifty dollars, and all family pictures. 7. To each householder ten goats or sheep, with their fleeces, and the yarn or cloth manufactured from the same; two cows, five