and if no cause be shown, the said several actions shall be

consolidated.

solidation.

SEC. 155. The order for consolidation may be made by Order for con the court, or by a judge thereof, in vacation.

TITLE VIII.

Provisional Remedies-Arrest and Bail.

SEC. 156. A defendant in a civil action can be arrested, before and after judgment, in the manner prescribed by this code, and not otherwise; but this provision does not apply to proceedings for contempt; nor does it apply to actions or judgments prosecuted in the name of the territory of Wyoming, to recover fines or penalties for crimes, misdemeanors or offenses.

Defendant, when arrested.

by whom and

when made.

SEC. 157. An order for the arrest of the defendant order for arrest, shall be made by the judge of the court in which the action is brought, or by the probate judge of the county where the action is brought, when there is filed in the clerk's office an affidavit of the plaintiff, his authorized agent or attorney, stating the nature of the plaintiff's claim; that it is just, and the amount thereof, as nearly as may be, and establishing one or more of the following particulars:

First, That the defendant has removed or begun to remove any of his property out of the jurisdiction of the court, with intent to defraud his creditors.

Second, That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors.

Third, That he has property, or rights of action, which he fraudulently conceals.

Fourth, That he has assigned, removed or disposed of, or has begun to dispose of his property, or a part thereof, with intent to defraud his creditors.

Fifth, That he fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought.

Sixth, In an action to recover the possession of personal property unjustly detained; that the property or any part

Proviso.

Undertaking.

Order, when

made.

Amount of

bail.

Return day.

Order, how ex. ecuted.

thereof, has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff.

Seventh, The affidavit shall also contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars. Provided however, That no defendant in an action shall he arrested in an action for the recovery of money only, unless the action be founded on a contract express or implied.

SEC. 158. The order of arrest shall not be issued by the judge until there has been executed, by one or more sufficient sureties of the plaintiff, a written undertaking to the effect that the plaintiff shall pay to the defendant all damages which he may sustain by reason of the arrest, if the order be wrongfully obtained, not exceeding double the amount of plaintiff's claim stated in the affidavit.

SEC. 159.

summons, or at

The order may be made to accompany the any time afterwards, before judgment.

SEC. 160. The order of arrest shall be addressed and delivered with a copy of the affidavit to the sheriff. The order shall state the names of the parties, the court in which the action is brought, and the amount of the plaintiff's claim specified in the affidavit, and shall require the sheriff to arrest the defendant, and hold him to bail in double the sum stated in the affidavit, which amount of bail in no case shall be less than two hundred and fifty dollars, and to make return of the order on a day to be named therein, with the undertaking of the bail, if any be given.

SEC. 161. The return day of the order of arrest, when issued at the commencement of the suit, shall be the same as that of the summons; when issued afterwards, it shall be fifteen days after it is issued.

SEC. 162. The sheriff shall execute the order by arresting the defendant, and delivering to him a copy thereof and of the affidavit. If the defendant cannot be found before the return day, the plaintiff shall be entitled to further orders, without another affidavit or undertaking until the defendant is arrested; but orders of arrest shall not be issued to any other than the county in which the action is brought.

SEC. 163. The defendant when arrested shall be committed by the sheriff to the jail of the county, and kept in custody until discharged by law.

Committed.

Money deposit

SEC. 164. The defendant may, before or after giving bail, deposit in the hands of the sheriff, or in court, the ed with sheria. amount of money mentioned in the order of arrest, whereupon he shall be discharged, or his bail, if any be given, shall be released.

Money pal

SEC. 165. The sheriff shall pay into court the money into court. received by him in lieu of bail. If received in vacation, he shall pay it on the first day of the next term; if received during a term, he shall pay it immediately.

orders.

SEC. 166. The court shall make proper orders for the Court to make safe keeping of money deposited in lieu of bail. It may direct the sheriff to keep the money, and after final judgment in the action shall order it to be paid to the party entitled thereto, according to the result.

SEC. 167. Money so deposited with the sheriff, in lieu of bail, or directed by the court to be kept by him, shall be held upon his official responsibility; and he and his sureties shall be liable and may be proceeded against for any default in relation thereto, as in other cases of delinquency.

SEC. 168. Bail may be given by the defendant on his arrest or at any time afterwards, before judgment. It shall be done by causing one or more sufficient sureties to execute a written undertaking to the plaintiff, in the presence of the sheriff, to the effect that, if judgment shall be rendered in the action against the defendant, he will render himself amenable to the process of the court thereon. The undertaking when accepted shall be returned to the clerk's office and the defendant discharged.

SEC. 169. The plaintiff or his attorney, may object to the bail for insufficiency, at any time within five days after notice of the undertaking having been given. Within such time, he shall serve upon the sheriff a written notice that he does not accept the bail, or he shall be deemed to have accepted it, and the sheriff shall be exonerated from liability.

Responsibility of sheriff.

Bail.

Insufficiency.

Justification.

Examined ou

qath.

Bail insufficent

Sheriff liable.

"Not found."

Ball liable to sheriff.

Liability, how

fixed.

When the undertaking is given after return of arrest, the plaintiff shall have notice thereof.

SEC. 170. On the receipt of such notice, the sheriff or defendant may, within ten days thereafter, give to the plaintiff or his attorney, notice in writing of the justification of the same or other bail, before a judge or clerk of the court in which the action is brought, a probate judge, or justice of the peace, at a specified time and place; the time to be not less than five, nor more than ten days thereafter. In case other bail be given there must be a new undertaking.

SEC. 171. For the purpose of justification, each of the bail must attend before the proper officer, at the time and place mentioned, and may be examined on oath or affirmation touching his sufficiency, in such manner as the officer may think proper.

SEC. 172. If the officer find the bail sufficient he shall indorse his allowance on the undertaking and cause the same to be filed with the clerk, and the sheriff shall thereupon be discharged from liability.

SEC. 173. After being arrested, if the defendant escapes or be rescued, or bail be not taken, or be adjudged insufficient, or deposit be not made, the sheriff shall be liable as bail. But he may discharge himself from liability by putting in sufficient bail at any time before judgment.

SEC. 174. The return of "not found" upon an execution against the body of the defendant shall be necessary to fix the liability of the sheriff as bail, which liability shall be the amount of the judgment, interest and costs. This liability shall be enforced only in a separate action against him, or against him and his sureties on his official bond, as in other cases of delinquency.

SEC. 175. The bail adjudged insufficient, shall be liable to the sheriff for the damages he may sustain by reason of such insufficiency.

SEC. 176. The liability of the bail shall be fixed in the menner provided in section one hundred and seventy-four, for fixing the liability of the sheriff. as bail, and the bail can be proceeded against in an action only.

bail.

SEC. 177. A surrender of the defendant to the sheriff Discharge of of the county in which he was arrested, with a delivery of a certified copy of the undertaking of the bail, whether such surrender be made by the defendant himself, or by his bail, shall discharge the bail. Such surrender may be made at any time before the return day of the summons in an action against the bail. The sheriff shall give to the bail a written acknowledgment of the surrender, and hold the defendant in his custody upon said copy of the undertaking of bail as upon an order of the arrest. On the production of the sheriff's acknowledgment of the surrender to the clerk of the court, an exoneration of the bail shall be entered on his undertaking.

rest defendant.

SEC. 178. For the purpose of surrendering the defen- who may ar dant, the bail, at any time or place, before he is finally charged, may himself arrest him, or by a written authority indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.

Pail exoner

SEC. 179. The bail will be exonerated by the death of the defendant, or his imprisonment in a state prison, or by ated. his legal discharge from the obligation to render himself amenable to the process of the court, or by his surrender to the sheriff of the county in which he was arrested in execution thereof within the time fixed in section one hundred and seventy-seven, or within such further time as the court, in which the action is pending may allow.

SEC. 180. If money be deposited by the defendant on his discharge, bail may be given and justified upon notice as prescribed in section one hundred and seventy, at any time before judgment; and thereupon the court in, or judge thereof in which the action is brought, on being satisfied that the bail has been given and adjudged sufficient, shall direct the money deposited, refunded to the defendant, and it must be refunded accordingly.

Money deposited.

error.

SEC. 181. If at any time before or after judgment Proceedings in against the bail, proceedings in error are commenced, on the judgment against the principal, in the suit in which their

undertaking was taken, the court or judge thereof may, on