JUDGMENT : AIKMAN, J.:— This is an application to set aside an order of a Magistrate of the first class, purporting to have been passed under section 146 of the Code of Criminal Procedure, whereby he attached certain property in regard to which there were conflicting; claims, A necessary preliminary to an order under section 146 is that proceeding should have been taken and an order made under section 145 of the Code. So far as the record shows, the procedure prescribed by section 145 was not followed by the Magistrate. No order in writing, as required by that section, was made by him. 2. I am, therefore, of opinion that the Magistrate's order attaching the property was an order without jurisdiction, and one which cannot be deemed to have been passed under Chapter II of the. Code of Criminal Procedure. So far as the record shows, there was nothing to indicate that the dispute was likely to cause a breach of the peace. If the Magistrate is of opinion that there is any danger of the breach of the peace, he may take such action as he may deem necessary, but that action must be in accordance with law. I quash the order of the Magistrate, dated the 21st of November, 1904, whereby the land claimed by the parties was attached.