Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-04-02
ATTACHMENT LAW
An act IN relation tu attachments
aud garnisiiments.

Re n cudrfcd by he Leg,siahre Is
srmhIy T he TERRITORY Of Washington.
Section l. The plaintiff at the time
of commencing action. or at any time
aftsrward before judgment. may
have the property of the defendant,
ar that Of any one or more of several
attendants. attached in the manner
hereinafter prescribed a. security for
the satisfaction Of such judgment as
he may recover.
Src 2. The writ OF attachment
shall bs issued by the clerk of the
court IN which the action is pending;
but before any such writ of attach
ment shall issue. the plaintiff, or
some one in his behalf, shall make
and file with such clerk an affidavit,
showing that the defendant is indebt-
ed to tho plaintiff specifying the
amount 81 such indebtedness over
aud above all just credits aud offsets),
and that tho attachment is not
sought, and the action Is not prose-
cusd 10 binder, delay or defraud any
creditor OF the defendant; and Ell
ther
/. That the defendant is q for
eign corporation; or
2 That the defendant is not n
resident OF this territory; Or
>. That the defendant conceals
himself NO that the ordinary process
Of law cannot he served upon him;
or
l. That the defendant has alb
seconded or absented himself from
his usual place of abode in this Terri
tofy 30 that the ordinary process of
law cannot be served upon him; Or
.. That tho defendant has re-
moved, or is about to remove, any
OF his property from this Territory
with intent 10 delay or defraud his
creditors: or
q. That the defendant has as.
signed. secreted or disposed of, any
Of his property with intent to delay
or defraud his creditors; or
Z. That tho defendant is about
to convert his property, or part
thereof. into money. for the purpose
Of placing it beyond the reach of his
creditors; or
g. That the defendant has been
guilty Of fraud in contracting the
debt or incurring the obligation for
which the action is brought; Or
D. That tho damages for which
tho action is brought are for iniu.
rios arising from the commission OF
some felony or for the seduction Of
any female.
SIC 3. An action may be com.
menced and the property of q debtor
may be attached previous to the time
when the debt becomes due, when
nothing but time is wanting to fix an
absolute ndebtedness, and when the
| affidavit, in addition to that fact,
states:
|. That the defendan. is about
10 dispose OF his property with intent
10 dsfraud his creditors; Or
q That the defendant is about
TO remove from the Territory and re,
fuses TO make any arrangements for
securing the payment of the debt
when il falls due, and which contem-
plated removal was not known to
the plaintiff at the time the debt
was contracted; Or
3. That the defendant has dis
posed OF bis property in whole or in
part with intent TO defraud his cred
itore; or
4. That tho debt was incurred
for property obtained under false
pretenses.
Sac. 4. II the debt or demand for
which the attachment is sued out is
not due at tho time of the commence.
ment of the action, the defendant
is not required to fle any pleadings
until the maturity OF such debt or
demand. but he may. in his discre-
ton. do 80 and 20 TO trial as early
40 the cause 10 reached.
Sac. 8. No final judgment shall
DO rendered in such action, unless
the party consents as in the last Sec
ton, until tho debt or demand upon
which IL 10 based becomes due. But
property Of a perishable nature may
DO cold us IN other cases OF attach
mont.
SIC. O. Before the writ OF attach
mont shall issue. the plaintiff, or
some one in his behalf, shall execute
and file with tho clerk bond or un-
dortaking, with two or more sureties,
In sum 10 no case less than three
hundred dollars. in the district court,
nor less than fifty dollars in jus.
tice's court, and double the amount
ior which plaintiff demands judg-
ment. conditioned that the plaintiff
will prosecute his action without de.
lay aud will pay all cost that may be
adjudged to the defendant, and all
damages which he may sustain by
reason of the attachment, not exceed
ing the amount specified in such
bond or undertaking as the penalty
thereof, should the same be wrongful
ly, opp essively or maliciously sued
out. With said bond or undertaking,
there shall also be filed the affidavit of
the sureties, from which it must ap-
pear that such sureties are qualified,
and that they are talen together
worth the sum specified in the bond
or undertaking, over and above all
debts and liabilities and property ex-
empt FROM execution. No person
not qualified TO become bail upon
arrest. shall be qualified to become
surety upon bond or undertaking
for an attachment.
Size Z. The defendant may, at
any time before judgment, move
tns court or judge for additional Sc
curi,y on tho part OF the plaintiff,
and II on such motion the court or
Judge il satisfied that the surity in
the plaintiffs bond has removed