Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-04-02

cution. Whenever it shall be made
to appear satisfactorily to the court
or judge that the interest of the
parties to the action will be subserv-
ed by a sale of any attached prop
erty, the court or judge may order
such property to be sold in the same
manner as like property is sold
under execution. Such order shall
be made only upon notice to the
adverse party or his attorney in case
such party have been personally
served with a summons in the action.
Debts and credits attached may be
collected by the sheriff, if the same
can be done without suit, and the
sheriff's receipt shall be sufficient
discharge for the amount paid.
Sec. II. ALI moneys received by
the sheriff under the provisions of
this act and all other attached prop
erty shall be retained by him to
answer any judgment that may be
recovered in the action unless sooner
subjected to execution upon another
judgment recovered previous to the
issuing Of the attachment.
SEC. Is. ALI persons having in
the possession or under their con.
troll any credits or other personal
property belonging to the defendant
or owing any debts to the defendant
at the time of the service upon them
of a copy of the writ and notice as
provided in subdivision four of SC
ton thirteen of this act shall be, un.
less such property be delivered up
or transferred or such debts be paid
to the sheriff. liable to the plaintiff
for the amount of such credits, prop
erty or debts until tho attachment
be discharged or any judgment re-
covered by him be satisfied.
Sec. 10. A sheriff or constable
may be garnished for money of the
defendant i'll his hands. SO may a
judgment debtor of tho defendant
when the judgment has not been pre-
viously assigned on the record or by
writing filed in the Office of the clerk
and by him minuted as an assign
ment on the margin of the execution
docket, aud also an executor or ad-
Dinistrator may be garnished for
money due from tie decedent to
the defendant.
SEC. 20. When the property to
be attached is fund in court, the
execution of q writ of attachment
shall be by leaving with the clerk
of the court copy thereof, with
notice in writing specifying the
fund.
Sec. 81. Tho sheriff shall make
a full inventory of tho property at
tached and return the same with tho
writ. To enable him to make such
return as to debts and credits attach
ed, he shall request at the time of
service the party owing the debt or
having the credit to give him a men,
oraudum in writing stating the
amount and description of each, and
If such memorandum be refused he
shall return the fact of the refusal
with the writ. The party refused to
give the memorandum may be re.
quired to attend before the court or
judge. or referee appointment by
the court or judge, and answer under
oath respecting such debts or credits
or other property. If, when duly
summoned, he fail to appear and
answer the interrogalories pro-
pounded to him without sufficient
excuse for his delinquency, he shall
6e presumed to be indebted to the
defendant to the full amount of the
plaintiffs demand. But for q mere
failure to appear he is not liable to
pay the amount of plaintiffs judg.
ment until he has had an opportun-
ity to show cause against the issuing
of an execution.
SEC. %. If upon the examination
of such garnishee, as provided in
the last section, it appears that the
garnishee was indebted to the defen-
dant or had any credits or other
property of the defendant in the
possession or under his control at
the time Of the service of the copy of
the writ and notice upon him as
hereinbefore provided or a: any
time subsequent thereto he is liable
to tho plaintiff in case judgment is
finally recovered by him to the full
amount of that judgment or to the
amount of such indebtedness and OF
the credits or other personal prop
erty held by him and a judgment
shall be entered up against him
accordingly.
Sec. %. If the debt of the gar
nishee 10 the defendant is not due,
execution shall be suspended until
its maturity.
Sec. "a. The garnishee shall not
be made liable on q debt due by
negotiable paper, unless such paper
is delivered or the garnishee COM
pletely exonerated or indemnified
from oil liability thereon after he
may have satisfied the judgment.
Sec. 25. If judgment be recover
ed Ly the plaintiff the sheriff shall
satisfy the same out of the property
attached by him which has not been
delivered to the defendant or claim
ant as in this act provided or sub
jected to execution or another judg-
ment recovered previous to the issu-
ing of the attachment, if it be suffi-
cient for that purpose:
l. BY applying on the execution
issued on said judgment the proceeds
of all sales of perishable or other
property sold by him or of any debts
or credits collected by him, or so
much as shall be necessary to satisfy
the Judgment.
2. If any balance remain due he
shall sell under the execution so
much of the property, real or per-
sonal, as may be necessary to satisfy
the balance. if enough for that pur-
pose remain in his hands.