terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or ex cusable neglect; and may supply an omission in any proceeding; and whenever any proceeding taken by a party fails to conform in any respect to the provisions of this Code, the court may in like manner and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.

175. When the plaintiff shall be ignorant of the name of a defendant, such defendant may be designated in any pleading or proceeding by any name; and when his true name shall be discovered, the pleading or proceeding may be amended accordingly.

176. The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party; and no judgment shall be reversed or affected by reason of such error or defect.

177. The plaintiff and defendant respectively may be allowed, on motion, to make a supplemental complaint, answer or reply, alleging facts material to the case, occurring after the former complaint, answer or reply, or of which the party was ignorant when his former pleading was made, and either party may, by leave of the court, in any pending or future action, set up, by a supplemental pleading, the judgment or decree of any court of competent jurisdiction, rendered since the commencement of such action, determining the matters in controversy in said action, or any part thereof, and if said judg

ment be set up by the plaintiff the same shall be without prejudice to any provisional remedy there tofore issued, or other proceedings had in said action on his behalf.

TITLE VII.

Of the Provisional Remedies in Civil Actions. CHAPTER I. Arrest and bail.

II. Claim and delivery of personal property.

III. Injunction.

IV. Attachment.

V. Provisional remedies.

CHAPTER I.

Arrest and Bail.

178. No person shall be arrested in a civil action except as prescribed by this act; but this provision shall not affect the act to abolish imprisonment for debt, and to punish fraudulent debtors, passed April 26, 1831, or any act amending the same, nor shall it apply to proceedings for contempts.

§ 179. The defendant may be arrested, as hereinafter prescribed, in the following cases:

1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or for wrongfully taking, detaining or converting property,

2. In an action for a fine or penalty, or on a promise to marry, or for money received or property embezzled or fraudulently misapplied, by a public officer, or by an attorney, solicitor or coun

selor, or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment,

3. In an action to recover the possession of personal property unjustly detained, where the property, or any part thereof, has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff, and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.

4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

6. When the defendant has, without right, obtained, received. converted or disposed of any money, funds, credits or property held or owned by this state, or held or owned officially, or otherwise, for or on behalf of any public or governmental interest, by any municipal or other public corporation, board, officer, custodian, agency or agent of any city, county, town, village or other division, subdivision, department or portion of this state.

But no female shall be arrested in any action, except for a willful injury to person, character or property.

180. An order for the arrest of the 'defendant must be obtained from a judge of the court in which the action is brought, or from a county judge.

2181. The order may be made, where it shall appear to the judge, by the affidavit of the plaintiff, or of any other person, that a sufficient cause of action

exists, and that the case is one of those mentioned in section 179.

The provisions of this chapter shall apply to all actions included within the provisions of section 179, which shall have been commenced since the 30th day of June, 1848, and in which judgment shall not have been obtained.

? 182. Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that, if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars. If the undertaking be executed by the plaintiff, without sureties, he shall annex thereto an affidavit that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking, over all his debts and liabilities.

183. The order may be made to accompany the summons, or at any time afterward, before judgment. It shall require the sheriff of the county where the defendant may be found, forthwith to arrest him and hold him to bail in a specified sum, and to return the order, at a time and place therein mentioned, to the plaintiff or attorney by whom it shall be subscribed or indorsed. But said order of arrest shall be of no avail, and shall be vacated or set aside on motion, unless the same is served upon the defendant, as provided by law, before the docketing of any judgment in the action, and the defendant shall have twenty days after the service of the order of arrest in which to answer the complaint in

the action and to move to vacate the order of arrest, or to reduce the amount of bail.

184. The affidavit and order of arrest shall be de livered to the sheriff, who, upon arresting the defend ant, shall deliver to him a copy thereof.

185. The sheriff shall execute the order, by arrest ing the defendant and keeping him in custody until discharged by law; and may call the power of the country to his aid, in the execution of the arrest as in case of process.

? 186. The defendant, at any time before execution shall be discharged from the arrest, either upon giving bail, or upon depositing the amount mentioned in the order of arrest, as provided in this chapter. The defendant may give bail whenever arrested, at any hour of the day or night, and shall have reasonable opportunity to procure it before being committed to prison.

187. The defendant may give bail, by causing a written undertaking to be executed by two or more sufficient bail, stating their places of residence and occupations, to the effect that the defendant shall at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or if he be arrested for the cause mentioned in the third subdivision of section 179, and undertaking to the same effect as that provided by section 211.

188. At any time before a failure to comply with the undertaking, the bail may surrender the defend