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 proceed 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.

Sec. 184. An action may be dismissed or a judgment of a nonsuit entered in the following cases: First. By the plaintiff himself, at any time before trial, upon the payment of costs, if a counter claim has not been made. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon. Second. By either party, upon the written consent of the other. Third. By the court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal. Fourth. By the court, when, upon trial, and before the final submission of the case, the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury. The dismissal mentioned in the first two sub-divisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly.

Sec. 185. In every case, other than those mentioned in the last section, the judgments shall be rendered upon the merits.

CHAPTER II.

JUDGMENT UPON FAILURE TO ANSWER.

Section 186. Judgment may be had, if the defendant fail to answer the complaint, as follows: First. In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons, or such future time as may have been granted, the clerk, upon the application of the plaintiff, shall enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the summons, including the costs, against the defendant, or against one or more of several defendants, in the cases provided for in section forty-two. Second. In other actions, if no answer has been filed with the clerk, within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant; and thereafter the plaintiff may apply at the first or. any subsequent term of the court for the relief demanded in the complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof; or may, in its discretion, order a reference for that purpose; and where the action is for the recovery of damages in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account be necessary, by a reference as above