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creditors.

shall be entered upon the first attachment, the property or debts or sum of money attached shall be deemed to belong All attaching to all attaching creditors, and the procceds, if not enough to pay all, shall be divided after the costs shall be paid pro rata among such creditors in proportion to the amount of the claim of each in court..

Pro rata.

Officer ustodian.

SEC. 158. The officer first attaching shall be the custoto be dian of the property attached or garnisheed, and paid overto him, and shall sell the property attached upon the various executions or upon the order of the justice, and shall make return of his doings to the justice, and he shall pay over the proceeds pro rata as herein provided..

Proceedings when defendant

SEC. 159. When the defendant cannot be summoned,

cannot be sum- and his property or effects shall be attached, if he do not

Inoned.

appear to the action at the return of the writ, the justice shall enter an order in his docket, requiring the plaintiff to give notice to the defendant by publishing in a newspaper, if notice that writ there be one printed in the county, or by three written or

Publication of

has issued.

printed advertisements, posted up at three of the most public places in the county, that a writ has been issued against him, and his property attached to satisfy the demand of the plaintiff; and that unless he appear before the justice at some time and place to be mentioned in said notice. not less than twenty nor more than sixty days from the date thereof,. judgment will be rendered against him, and his property soldto pay the same.

Judgment.

Form of notice.

SEC. 160. The notice may be in the following form:
Territory of Wyoming,
County,

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You are hereby notified that a writ of attachment has been issued against you, and your property attached, to satisfy the demand of amounting

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Now, unless you shall appear before J. P., a justice of the peace in and for said county, at his office, on the

day of

A. D. 18

o'clock in the

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day of

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Default.

will be rendered against you, and your property sold to pay
the debt.
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Plaintiff. Sec. 161. Such notice shall be posted up, or published at least thirty days before the expiration of the time at which posted. the party is required to appear, and the posting up may be proved, either by the return of the officer upon a copy oi the notice, or by the affidavit of any person who would be a competent witness in the case.

SEC. 162. When the defendant shall be notified as aforesaid, and shall not appear and answer to the action, his default shall be entered by the justice in his docket, and the plaintiff may proceed thereon to final judgment as in actions commenced by summons; but no execution shall be issued on such judgment, either against the defendant, or money paid to the justice thereon, until the plaintiff, or some person in his behalf, shall execute a bond in double the amount of such judgment, to the defendant with security, to be approved by the justice, conditioned that if the defendant shall, within one year from the rendition of such judgment, appear and disprove the debt or damages adjudged against him, or any part thereof, the plaintiff will refund the whole, or such part Exccution. thereof as may be found not justly due him in a review of

Bond,

the case.

TITLE XIX.

Forcible entry

Forcible entry and Detainer. SEC. 163. Any justice within his proper county, shall hare power to inquire in the manner herein after directed, as and detniner. well against those who make unlawful and forcible entry into lands and tenements, and detain the same as against those who, having a lawful and peaceable entry into lands or tenements, unlawfully or by force hold the same; and if it be found upon such inquiry that an unlawful and forcible entry has been made, and that the same lands or tenements are held by force, or that the same, after a la'yful

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Tonants.

or.

No color of titha

entry are held unlawfully, then said justice shall cause the party complaining to have restitution thereof.

Sec. 164. Proceedings under this act may be had in Proceedings

all cases against tenants holding over their terms, or after a failure to pay rent for three days after the same shall be due, in sales of real estate, on executions, orders, or other

judicial process, when the judgment debtor was in possession Judgment debt

at the time of the rendition of judgment or decree, by virtue of which such sale was made; in sale by executors, administrators, guardians, and on partition where any of the parties to the petition were in possession at the commencement of the suit, after such sales so made on execution or otherwise shall have been examined by the proper court, and the same by such court adjudged legal; and in cases where the defendant is a settler or occupier of the lands or tenements without color of title, and to which the complainant has the right of possession; this section not to be construed as limiting the provisions of the first section of this act.

Sec. 165. It shall be the duty of the party desiring to commence an action under this act, to notify the adverse party to leave the premises, for the possession of which the

action is about to be brought; which notice shall be served at Service of no- least three days before commencing the action, by leaving a

written copy with the defendant, or at his usual place of abode or business if he cannot be found.

Sec. 166. The summons shall state the cause of the complaint against the defendant, and the time and place of trial, and shall be served and returned as in other cases. Such service shall be three days before the day of trial appointed by the justice.

Sec. 167. If the defendant does not appear in accordance with the requisition of the summons, and it shall have been properly served, the justice shall try the cause as

though he was present, but before he shall proceed, tho Complaint. plaintiff shall file a complaint in which shall be described the

property, the possession of which is claimed, and the facts

Notincation to adverse party.

tica.

'Summond what to contain.

Non appearance of defendant.

Procendinga og appearance of

Motion tostrik. from files.

Cross examina

upon which he relies in order to recover the premises which must be sustained by proof or the action must be dismissed.

SEC. 168. If the defendant shall appear, a like complaint shall be filed as provided in the next preceding section, defendant. and shall be admitted or denied by the defendant. If the defendant deems the complaint insufficient in law, he may move to strike the same from the files ; such motion shall have the effect of a demurrer; if the motion is sustained the plaintiff may be allowed to amend in furtherance of justice, or he may stand by his complaint and take exceptions to the ruling on the motion. If the motion is overruled, the defendant may take like exception to the ruling, and may answer over or not as he pleases. If no answer be put in he shall not be allowed to offer evidence upon his part. Shall only be tion. allowed to cross-examine the plaintiff's witness. If he shall answer over it shall not waive the exception taken on overruling his motion.

Sec. 169. No continuance shall be granted for a longer Continuan.e. period than eight days, unless the defendant applying therefor shall give an undertaking to the 'adverse party, with good and sufficient surety, to be approved by the justice, conditioned for the payment of the rent that may accrue, if judgment be rendered against the defendant.

Sec. 170. If the suit be not continued, place of trial When justice changed, or neither party demand a jury, upon the return day of the summons, the justice shall try the cause; and if, after hearing the evidence, he shall conclude that the complaint is hot true, he shall enter judgment against the plaintiff for

Judgment. Costs ; if he find the complaint true, he shall render a general judgment against the defendant and in favor of the plaintiff for restitution of the premises and costs of suit; if he find the complaint true in part, he shall render a judgment for the restitution of such part only, and the costs shall be taxed Restitution. as the justice shall deem just and equitable.

Sec. 171. If a jury be demanded by either party, the proceedings until the impanelling thereof, shall be in all Jury. respects as in other case. If the jury find the complaint true,

Undertaking.

shall try cause.

Costk.

Verdict.

Verdict to be

Writ of resti. tution.

Execution of writ.

they shall render a general verdict of guilty against the defendant; if not true, then a general verdict of not guilty. If true in part, then a verdict setting forth the facts they find true.

Sec. 172. The justice shall enter the verdict upon his entered on dock docket, and shall render such judgment in the action as if the

facts authorizing the finding of such verdict had been found to be true by himself.

Sec. 173. Exceptions to the opinion of the justice in Exceptions.

cases under this act, upon questions of law and evidence, may be taken by either party, whether tried by a jury or otherwise.

Sec. 174. When a judgment of restitution shall be entered by a justice, he shall, at the request of the plaintiff, his agent or attorney, issue a writ of restitution thereon.

Sec. 175. The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions.

Sec. 176. If the officer shall receive a notice from the justice that the proceedings have been stayed by an allowance of an appeal, he shall immediately delay all further proceeilings upon writ of restitution, and if the premises have been restored to the plaintiff, he shall immediately place the defendant in the possession thereof, and return the writ with his proceedings and costs taxed thereon, and in case the constable shall be resisted in enforcing the writ, he may call · in the aid of the county.

Sec. 177. Appeals shall be allowed as in other cases and under like conditions, when taken by the plaintiff, but when taken by the defendant, he shall enter into an undertaking with a further condition to pay double the amount specified in the lease and all damages, if not under a lease, then conditioned to pay double the value of the use of the premises and all damage.

SEC. 178. The pendency of this action shall not be a Lig peodens Do bar to 'ejectment. bar to an action of ejectment.

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Officer's duties.

Appeals.

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