Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1865-07-15

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90 G-uylnx the own-rship os ihr property
attached IN the drfen4an;s, 90 s.ihsr q;
them. in which oas~ The court NAV. uyoa
application Of either party. order an imne-
date TRIAL by jury of the issaes rais-d hy
tn affidavit AMI plea. But the pdrti :
NAV. by consent. waive a trial bv jury, in
which case the cour, shall decide the is
sues raised by the affidavit and plea.
ANY party claiming owner'hip OF the pro-
perty attached and a specific return Of the
same shall be confined to the remedy af-
forded by this act, but his right 20 an ac-
tion of tresspass or other action for dana.
ges shall not be impaired hereby.
Sec. 4. And be 1t further enacted, That
when the property attached shall be sold on
an interlocutury order of tho court, or
when it shall be producing any revenue,
the money arising from such sale or rcve-
nue. shall be invested in securities of the
United States, under the order of the court,
and all accretions shall be held subject to
the order of the court.
Sec. 5. And be At .fcrther enacted, That
Immediately upon the execution of the
warrant of attachment the marshal shall
cause due publication of such attachment
to be made, in the case of absconding
debtor or adherents of the rebellion, for
two months, and in case of non-residents
for four months. Such publication shall
be made in some newspaper or newspa-
pers within the district where the proper
ty attached is situated, md the details of
such publication shall be regulated in each
case by the order under which the warrant
is issued.
Sec. 6. And be 1t further enacted, That
after the first publication of such notice of
attachment in all the newspapers required
by this or any subsequent act, every person
indebted to the defendants, or either of
them, and having knowledg Of such notice,
whose property is liable to attachment,
and every person having possession of any
property belonging to such dcf.ndcnts, or
either of them, and having knowledge as
aforesaid, shall account and answer for the
amount of such debt and for the value of
such property, and any disposal or attempt
to dispose of any such property to the in
Jury of tho United States shall be illegal
and void. When the person or persons so
indebted to or having possession of the
property of such defendants, or either of
them, shall be known to the district attor-
ney or the marshal, it shall be the duty of
such officer to see that personal notice of
such attachment is served upon such per-
sons, as in cases of garnishees; but the
want of such notice shall not invalidate the
attachment.
Sec. 7. And be Il. further enacted, That
upon application of the party whose pro-
perty has been attached, the court or any
Judge thereof may discharge the warrant Of
attachment as to the property of the ap-
plicant: Provided, That such applicant
shall enter into and execute to tho United
States a good and sufficient penal boud in
double the amount of the value of tho pro-
perty attached, conditioned for the return
Of said property, or to answer any judg-
ment which may be rendered by the court
in the premises, which bond shall be ap-
proved by the court or any Judge thereof
Sec. 8. And be Il further enacted. That
the fees, costs, and expenses Of issuing and
serving the warrants Of attachment author
ICED by this act shall be regulated as far
as possible by the existing laws of the
United States and the rules Of courts made
in pursuance thereof. In the case Of pre-
liminary trials as to the validity of the at
tachnent or the right Of property, clerks
and marshals' fees shall be the same as in
ordinary cases. and the docket fee Of the
district attorney shall be ten dollars.
See- 9. Asi be nf.rtAer eraofed. That
this act shall not be construed 50 as 10
limit or abridge in any manner such rights
Of the United States a. have accrued or
b-en allowed in any district under the for
zer prarfice Of the United S,a,c~ e,urt. 90
the adsp,ioa of STATE laws bv sad courts.
APproved. Feb q. 1856