the same court, which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated; and if no cause be shown, the said several actions shall be consolidated. SEG. 140. The order for consolidation may be made by In vacation. the court, or by a judge thereof, in vacation. TITLE VIII Provisional Remedies-Arrest and Bail. SE.G 141. 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. Arrest and bail arrest must be judge or clerk showing: SEC. 142. An order for the arrest of the defendant shall an order for be made by the judge or clerk of the court in which the made by the action is brought, when there is filed in his office an affidavit upon 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: removed, ete. First, That the defendant has removed or begun to remove Defendant has any of his property out of the jurisdiction of the court, with intent to defraud his creditors. Convert his Second, That he has begun to convert his property, or a Has begun to part thereof, into money, for the purpose of placing it beyond property. the reach of his creditors. property. his property to de Third, That he has property, or rights of action, which he Conceals fraudulently conceals. Fourth, That he has assigned, removed or disposed of, or Disposing of has begun to dispose of his property, or a part thereof, with fraud. intent to defraud his creditors. Fifth, That he fraudulently contracted the debt or incurred Fraudulently the obligation for which suit is about to be, or has been brought. The affidavit shall also contain a statement of the facts contr'ted debis Affidavit must state facts. Bond must be fileds Order with or claimed to justify the belief in the existence of one or more of the above particulars. SEC. 143. The order of arrest shall not be issued by the clerk 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. 144. The order may be made to accompany the after summons summons, or at any time afterwards, before judgment. Order must be SEC. 145. The order of arrest shall be addressed and Sheriff. It must delivered with a copy of the affidavit to the sheriff. delivered to contain, etc. The return day of the order, Sheriff shall execute the orders Defend't com The order shall state the name 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, 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. 146. 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. 147. 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. 148. The defendant when arrested shall be committed to jail. mitted by the sheriff to the jail of the county, and kept in custody until discharged by law. Defendant may give bail or de SEC. 149. The defendant may, before or after giving bail, posit money, deposit in the hands of the sheriff, or in court, the amount of money mentioned in the order of arrest, whereupon he shall be discharged, or his bail, if any be given, shall be released. Sheriff must pay money into court. SEC. 150. The sheriff shall pay into court the money 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. make orders ing of the SEC. 151. The court shall make proper orders for the The court must safe keeping of money deposited in lieu of bail. It may for safe keepdirect the sheriff to keep the money, and after final judgment money. in the action shall order it to be paid to the party entitled thereto, according to the result. sureties liable SEC. 152. Money so deposited with the sheriff, in lieu sheriff and his of bail, or directed by the court to be kept by him, shall be for the money. held on his official responsibility; and he and his sureties are liable, and may be proceeded against for any default in relation thereto, as in other cases of delinquency. Defendant may giving under must be filed with the clerk. SEC. 153. Bail may be given by the defendant on his give bail by arrest, or at any time afterwards, before judgment. It shall taking, which 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. may obj't to the notice, etc. SEC. 154. The plaintiff or his attorney may object to the The plaintiff bail for insufficiency, at any time within ten days after notice bail and give 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. When the undertaking is given after return of arrest, the plaintiff shall have notice thereof. shall give no tification of the SEC. 155. On receipt of such notice, the sheriff or de- The sherif fendant may, within ten days thereafter, give to the plaintiff tice of the jusor his attorney, notice in writing of the justification of the bail. 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. Bail examined on oath. Officer must in dorse on under SEC. 156. 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. 157. If the officer find the bail sufficient he shall taking and file 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. it with the clerk. If defendant escape, sheriff SEC. 158. After being arrested, if the defendant escapes liable. 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. en Liability forced in separate action. Bail able to the sheriff. How liability of bail shall be fixed. the defendant bail SEC. 159. 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 can 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. 160. The bail adjudged insufficient, shall be liable to the sheriff for the damages he may sustain by reason of such insufficiency. SEC. 161. The liability of the bail shall be fixed in the manner provided in section one hundred and fifty-nine for fixing the liability of the sheriff as bail, and the bail can he proceeded against in an action only. Surrender of SEC. 162. A surrender of the defendant to the sheriff of discharges the 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 the 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 a court, an exoneration of the bail shall be entered on his undertaking. surrender the SEC. 163. For the purpose of surrendering the defend- The bail may ant, the bail, at any time or place, before he is finally charged, defendant. 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. ed by the death by or imprison ment of defend SEC. 164. The bail will be exonerated by the death of Bail exonoratthe defendant, or his imprisonment in a state prison, or his legal discharge from the obligation to render himself ant amenable to the process of the court, or by his surrender to the sheriff of the county in which he is arrested in execution thereof within the time fixed in section one hudred and sixtytwo, or within such further time as the court in which the action is pending may allow. ed refunded bail SEC. 165. If money be deposited by the defendant on his Money depositdischarge, bail may be given and justified upon notice as pre- upon giving scribed in section one hundred and fifty-five, at any time before judgment; and thereupon the court, or judge thereof, in which the action was 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. proceedings upon a writ of judgm't ag'nst reversed, the SEC. 166. If at any time before or after judgment against Court may stay the bail, proceedings in error are commenced, on the judg- against bail ment against the principal, in the suit in which their under- error. If the taking was taken, the court may, on motion, stay proceed- the principal is ings against such bail, for a reasonable time, on their paying bail is disch'd. all costs that have accrued against them; and if on such proceedings the judgment against the principal shall be reversed, and the principal discharged from said suit, the bail shall be discharged from the undertaking, fore giv'g bail, discharge or re SEC. 167. A defendant arrested may, at any time before Defendant, be the justification of the bail, apply, on motion, to the court in may apply for which the suit was brought, if in session, and in vacation to duction of bail. a judge thereof, to vacate the order of arrest, or to reduce the amount of bail. Reasonable notice of such motion must be given to the plaintiff. SEC. 168. If the motion be made upon affidavits on the Upon affidavits |