taking is to be to the plaintiff or plaintiffs in the action, and shall be approved in writing on the back thereof by the plaintiff or plaintiffs or his or their attorney or attorneys, or upon their refusal, by the judge of the district court of the same county as the residence of the sheriff; the sheriff shall thereupon file said undertaking with the clerk of the district court out of which said writ of attachment emanates, and such sheriff shall thereupon cease to be liable under said writ, and any and all actions on such undertaking shall be against the obligors named in such undertaking. Several writs may be issued at the same time to the sheriffs of different counties. In no case shall the sheriff attach more property than appears necessary to satisfy the plaintiff's demand. Section 2. That Section 1562, of the Code of Civil Procedure of the State of Montana be, and the same is hereby amended, so as to read as follows: Section 1562. The writ may be directed to the sheriff or any constable of the county, or the sheriff of any other county, and must require him to attach and safely keep all the property of the defendant in his county,not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint, unless the defendant has given 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. Such undertaking is to be to the plaintiff or plaintiffs in the action, and shall be approved in writing on the back thereof by the plaintiff or plaintiffs, or his or their attorney or attorneys, or upon their refusal, by the justice issuing such writ. Approved March 7th 1899 SENATE BILL NO. 86. An Act to provide for attachments prior to maturity of debts, Section I. Actions may be commenced and writs of attachment issued upon any debt for the payment of money or specific property before the same shall have become due when it shall appear by the affidavit in addition to what is required in Section 891, Chapter IV, Title VII, Part II, of the Code of Civil Procedure: First, That the defendant is leaving, or is about to leave this State, taking with him property, moneys or other effects, which might be subjected to the payment of the debt, for the purpose of defrauding his creditors; or Second, That the defendant is disposing of his property, or is about to dispose of his property, subject to execution, for the purpose of defrauding his creditors; Provided, That any judgment obtained under the provisions of this section shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt shall have become due; and Provided, also, That the defendant may by a plea put in issue the matter alleged in the affidavit herein required, and if the plaintiff fails to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate. Section 2. This Act shall be in full force and effect from and after its passage and approval. Approved March 3rd 1899 SENATE BILL NO. 31. An Act to Amend Sections 720 and 722, Chapter. VI, title VI, part II, of the Code of Civil Procedure of Montana, relating to pleadings in Civil actions. Be it enacted by the Legislative Assembly of the State of Montana : Section I. Section 720, Chapter VI Title VI, Part II, of the Code of Civil Procedure is hereby amended so as to read as follows: Section 720 Where the answer contains a counter claim, or any new matter, the plaintiff, if he does not demur, shall within twenty days after service and filing of the answer, reply to such counter claim or new matter denying, generally or specifically, each allegation controverted by him and he may allege, in ordinary or concise language, and without repetition, any new matter not inconsistent with the complaint constituting a defense to such counter claim or new matter in the answer. If Section 2. Section 722, Chapter VI, Title VI, Part II, of the Code of Civil Procedure, is hereby amended so as to read as follows: Section 722 If the plaintiff fails to reply or demur to the counter claim, the defendant shall be entitled to the same relief as a plaintiff upon the failure of defendant to demur or answer the complaint. the answer contains new matter and the plaintiff fails to reply or demur thereto within the time allowed by law, the defendant may move, on notice, for such judgment as he may be entitled to upon such statement, and the court may thereupon render judgment or order a reference or assessment for damages by jury as the case may require. Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 4. This Act shall be in full force and effect from and after its passage and approval, Approved Feb 22nd 1899 SENATE BILL NO. 1I. An Act to amend Section 633 of the Code of Civil Procedure of the State of Montana, relating to the issue of alias summons. Be it enacted by the Legislative Assembly of the State of Montana: Section I. That Section 633 of the Code of Civil Procedure be amended so as to read as follows: Section. 633. if the summons is returned without being served on any or all of the defendants, or part of defendants, or if it has been lost, the Clerk, upon demand of the plaintiff, or his attorney, accompanied by a statement in writing filed with the Clerk that said summons has been lost, or has not been served upon any or all of the defendants, shall issue an alias summons in the same form as the original, but no such alias summons shall be issued after the expiration of three years from the filing of the complaint, provided, that this act shall not be construed to effect pending actions in which more than one year has elapsed since the filing of the complaint." Approved Feby. 17th, 1899. HOUSE BILL NO. 3. An Act to amend Section 516 of the Code of Civil Procedure, by adding one sub-division Thereto And to Amend Section 517 of said Code by repealing sub-division 3 Thereof, relating to Limitation of actions. Be it enacted by the Legislative Assembly of the State of Montana : Section I. That Section 516 of the Code of Civil Procedure of the State of Montana be amended by the addition of one sub-division and Section 517 of said Code be amended by repealing sub-division 3 thereof, so that said sections shall read as follows: Section 516. Within one year: I. An action against a Sheriff, or other officer, for the escape of a prisoner, arrested or imprisoned on civil process. An action against a municipal corporation for damages or injuries to property caused by a mob or riot; or by a municipal corporation for the violation of any city or town ordinance. 3. An action against an officer or officer de facto, to recover any goods, wares, merchandise or other property, seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property sc seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seiz ure. 4. An action for killing or injuring stock by a railroad corporation or company. Section 517. Within six months. I. To recover stock sold for a delinquent assessment. 2. Actions for clains against a county, which have been rejected by the county commissioners, must be commenced within six months after the first rejection thereof by such board. Approved Feby 20th 1899. HOUSE BILL NO. 125. An Act To Cure Defects In Deeds and Conveyances Heretofore Made To Real Property That Are Defective In Execution Or Acknowledgement, And To Cure Defects In Judicial Sales Of Real Property, And Sales Of Lands And Personal Property By Executors, Administrators And Guardians. 32-552 Be it enacted by the Legislative Assembly of the State of Montana : Section I. All deeds to real property heretofore executed in this State, or any State or Territory of the United States, which shall have been signed by the grantors in due form, shall be sufficient in law to convey the legal title to the premises therein described from the grantors to the grantees, without any other execution or acknowledgement or witnesses thereto whatever; and such deeds so executed shall be received in evidence in all courts in this State, and be conclusive evidence of the title to the lands therein described against the grantors, their heirs and assigns. Section 2. All judicial sales of real property heretofore made in this State on proceedings to satisfy valid judgments or decrees of any court, and the monies bidden thereon paid to the officer making such sale, shall be valid and sufficient in law to sustain a sheriff's deed based on such sale, and when no such deed has been executed, shall entitle such purchaser to such deed; and such deed, when executed, shall be sufficient to convey all the title of the judgment debtor in the premises so sold to the purchaser at said sale, and all defects and irregularities in the issuance of execution, or the manner of making or conducting the sale, shall be disregarded. Section 3. All sales by executors and administrators of their decedent's real and personal property, and all sales by guardians of their ward's real and personal property in this State to purchasers for a valuable consideration, which has been paid by such purchasers to such executors or administrators or guardians of their successors in good faith, and such sales shall not have been set aside by the District or Probate Court, shall be sufficient to sustain an executor's or administrator's or guardian's deed or conveyance to such purchaser for such real or personal property; and in case such deed or conveyance shall not have been given shall entitle such purchaser to such deed or conveyance and the same shall be sufficient to convey to such purchaser |