of the State, or absent therefrom, shall not be less than three months. [In California, two months; and in Nevada, where the defendant resides in California, Oregon, Utah, or Washington Territory, one month-and instead of publication the justice may order the summons to be posted. In Oregon the publication shall be not less than once a week for six weeks.] The service of summons shall be deemed complete at the expiration of the time prescribed by the order of publication; the justice shall also direct a copy of the summons to be forthwith deposited in the postoffice, directed to the person to be served, at his place of residence, if such residence be known.

In Idaho, the proceedings are as follows: When the person upon whom the service is to be made resides out of the county in which the action is brought, or absents himself therefrom for more than six months, or conceals himself to avoid the service of summons, and that 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, and that such defendant has property within the county, subject to attachment and execution, the summons may be served by delivering a copy thereof to the person in possession of such property, and leaving the same with such person, or in case such person cannot be ascertained, then by posting such copy at the place where such property is situated, in either of which cases the service of summons shall be deemed complete for the purpose of the action.

Order of Arrest.-An order to arrest the defendant may be indorsed 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, arising after the passage of this act: 1st. In an action for the recovery of money or damages, on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state,

with intent to defraud his creditors; or where the action is for a willful injury to the person, or for taking, detaining or injuring, personal property. [In California, is not included injury to the person or property.]

2d. In an action for fine or penalty, or for money or property embezzled, 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.

3d. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought.

4th. When the defendant has removed, concealed, or disposed of his property, or is about to do so, with intend to defraud his creditors. But no female shall be arrested in any action. [No prohibition appears in the Nevada statutes against the arrest of a female. In Oregon, an order for arrest in a civil action also includes, as a cause: injury to character, promise to marry, misconduct or neglect in office or in a professional employment.]

Affidavit and Undertaking.-Before an order for an 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 recovers judgment, the plaintiff will pay to him 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. [In California, three hundred dollars.]

Duty of Officer making Arrest.-The officer making the arrest shall keep the defendant in custody until duly discharged by order of the justice.

Defendant may Demand immediate Trial.-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 time; or he may have an adjournment, and be discharged on giving bail, as provided in the next paragraph. An adjournment at the request of the plaintiff, beyond three hours, shall discharge the defendant from arrest; but the action may proceed, notwithstanding, and the defendant shall be subject to arrest on the execution, in the same manner as if he had not been so discharged. [Not applicable to California.]

Attachment as Security.-In an action upon a contract, express or implied, made after the passage of this act, for the direct payment of money, which contract is made or is payable in this state, and is not secured by mortgage, lien or pledge, upon real or personal property, the plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as hereinafter provided.

Affidavit for Attachment.—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 as are required to be shown by the affidavit for attachment in district court. SEE ATTACHMENT.

Undertaking on Attachment.-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, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attach

ment.

Writ of Attachment and Substance of.-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 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 give him security by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand besides costs; in which case, to take such undertaking.

Replevy of Personal Property. The plaintiff, in an action to recover the 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.

Affidavit in Replevin.-When a delivery is claimed, an affidavit shall be made by the plaintiff, or by some one in his behalf, showing:

1st. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof.

2d. That the property is wrongfully detained by the defendant.

3d. The alleged cause of the detention thereof, according to his best knowledge, information and belief.

4th. That the same has not been taken for a tax, assessment or fine, pursuant to statute, or seized under an execution, or an attachment against the property of the plaintiff, or, if seized, that it is by statute exempt from such seizure. 5th. The actual value of the property. [In Arizona, not exceeding $100.]

Order to take Property. The justice shall thereupon, by an indorsement in writing upon the affidavit, order the sheriff or a constable of the county to take the same from the defendant, and deliver it to the plaintiff, upon receiving the undertaking mentioned below.

Undertaking in Replevin.-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. He shall also, without delay, serve on the defendant a copy of the affidavit, order, and undertaking, by delivering the same to him personally, if he can be found within the county, or to his agent, from whose possession the property is taken; or, if neither can be found within the county, by leaving them at the usual place of abode of either within the county, with some person of suitable age and discretion; or if neither have any known place of abode within the county, by putting them in the nearest post-office, directed to the defendant.

Defendant may object to Sureties.-The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the officer that he excepts to the sufficiency of the sureties; if he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice before the justice; and the officer shall be responsible for the sufficiency of the sereties until the objection to them is either waived, as above provided, or until they justify. If the defendant except to the sureties, he cannot reclaim the property as provided in the next paragraph.

Return of Property to Defendant.-At any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the officer a written undertaking, executed by two or more sufficient sureties, 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 the payment to him of such sum as may for any