, 1854-06-24
OLYMPIA WASHINGTON TERRITORY SATURDAY, JUNE a. 1854

property. as stated in the affidavit for Tho
prosecution Of the action, for the return
Uf the property to the defendant if return
thereof be adjudged, and for the payment
to lin Of such sum as NAV. for any cause
he recovered against the plaintiff, the sher.
III shall forthwith take the property des.
cribed in the affidavit, if it be in possession
of the defendant or his agent, and retain il
in his custody He shall also, without de.
lay, serve on the defendant a copy of the
affidavit and bond, by delivering the same
to him personally, if lie can be found, or his
his agent, from whose possession the prop.
erty is taken; or, if neither can be found,
by leaving them at the usual place of abode
OF either with some person Of suitable age
and discretion; or il neither have any
known place of abode. by putting them in
the post Office, directed to the defendant, al
the post Office nearest his place of resi-
dencc.
See. 1903 The defendant may, within
three days after the service of copy Of
the affidavit and bond, give notice to the
sheriff that he eXcepts to the sulliciency of
the sureties. If he fail to do so, he shall
/ be deemed to have waived all objection to
them. When the defendant excerpts, the
sureties shall Justify on notice in like man
ner as upon bail on arrest And the sheriff
shall be responsible for the suficiency Of
the surities, until the objection to them is
either waived, as above provided, or until
they shall justify, or new sureties shall be
substituted and justify. If the defendant
except to the surctics, he cannot reclaim
the property as proTided in the next sec
tion. .. 'hf
Sec. l04 At any time before the de-
livery of the property to the plaintiff the
defendant may, if he do not except to the
suretes of the plaintiff, require the return
thereof upon giving to the sheriff bond
executed by one or more sufficient sureties,
to the effect that they are bound in double
the value Of the property, as stated in the
affidavit of the plaintiff for the delivery
thereof TO the plaintiff, if such delivery
he adjudged, and fol. the payment to him
of such sum as may, for any cause, be re-
covered against the defendant. If a re-
turn Of the property be not so required
within three days after the taking and ser
vice Of notice to the defendant, L shall be
delivered to the plaintiff except as provi-
ded in section one hundred and nine.
Sec. los, The defendants sureties, upon
a notice to the plaintiff or his attorney Of
not less than two nor more than six davs,
shall justify in the same manner as upon
bail upon arrest upon such Justification,
the sheriff shall deliver the property to the
defendant. The sheriff shall be response
bic for the defendants sureties until they
justify, or until justification is completed
or expressly waived, and may retain the
property until that sine but if they or
Others in their place fail to justify at the
time and place appointed, he shall deliver
The property to the plaintiff
Sec. LOG. The qualification OF snreties
and their justification shall be as prescri-
bed in respect to bail upon an order of ar
rest.
Sec l07. If the property or any part
thereof be concealed IN u building or en-
closure, the sheriff shall publicly demand
its delivery. If it be not delivered, he
shall cause the building or enclosure to be
broken open, and take the property into
his possession; and, if necessary, he may
call to his aid the power of his county
Sec. 1903. When the sheriff shall have
taken property as is herein provided, he
shall keep it in secure place and deliver
il to the party entitled thereto upon recei-
wing his lawful fees for taking, and his ne
cessary expenses for keeping the same.
u See lO9.'If the property taken be
claimed by any other person than the de-
fendant or his agent, and such person make
affidavit Of his title thereto, or his right to
the possession thereof, stating the grounds
Of such title or right, and serve the same
upon the sheriff before the delivery Of the
property to the plaintiff, the sheriff shall
not he bound to keep the property, or de-
liver it to the plaintiff, unless the plaintiff
on demand Of him or his agent, shall in
denmify the sheriff against such claim BY al
bond, executed by two sufficient sureties,
accompanied by their affilavits that they
are each worth double the value of the
property as specified in the affidavit of the
plaintiff over aud above their debts and
liabilities, exclusive of property. exempt
from execution and freehoers or Household
ders Of the county, and no claim to such
property by any other person than the de-
fendant or his agent shall be valid against
the sheriff unless made as aforesaid and
Notwithstanding such claim, when so made,
he may retain the property reasonable
time to demand such indemnity. ..,
Sec. l10. The sheriff shall file the affidavit
with his proceedings thereon, with the
clerk of the court ii which the action is
pending within twenty days after taking
the property mentioned therein; or, if the
clerk reside in another county, shall mail
or forward the same within that time.
INJUNCTION AND RESTRAINING ORDERS.
Sec. Ill. Restraining orders and in
junction may be granted by the district
court in term time. or bH any iudge Of the