Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-01-03
rag .rrACaassT BILL


neu,s and garnishemenis reads as
follows;
o. II enacted By the Legislative As
..mbly Of the Territory of Wash
iDgton:
sgrTIoS l. The plaintiff At the
,,ms Of commencing action, or al any
,sns sfterwsrd before judgment, may
s-xe the property of the defendant
s,,,ched 10 the manner hereinafter
.,s.rribed a. security for the salts
s.c,iou OF such Judgment as be may
recover. ,
AL he issued by the clerk of the
oonr, in which the action is pending,
- before any such writ Of attach
nent shall issue, the plaintiff. or
me one in his behalf, shall make
- ale with such clerk an affidavit,
Using that the defendant is indebt
- 20 the plaintiff specifying the
s,nonnt Of such Indebtedness over
ID above all Just credits and Offsets
"a that the attachments not sought,
and the action is not prosecuted to
sjoder. delay or defraud any creditor
n defendant; and either Fist
Thai the deiegdant is foreign cor
,or.tion: or Secoud-That the de- |
ssodsnt Is not resident of this |
Tsrr;tory; or Third-That the de- |
tsndapt conceals himself, or stands |
n defiance of an officer so that |
a,oeess cannot be served upon him:
q, Fourth-That the defendant bias |
dsnarted. or Is about to depart, from |
mi. Territory, with the intention of |
having his effects removed from this |
Territory: or FifIh-That the de
f,udsnt is abost to remove perma-
nenily out of the county, and has
property therein not exempt from |
srseution, and that he refuses TO pay
ar secure the plaintiff; OF Sixth
Thai the defendant is about TO re-
move permanently out of the Terri |
tory and refuses TO pay or secure the |
debt due the plaintiff; or Seventh
That the defendant is about 10 re-
move his property from this Terri
;ory to the injury of the plaintiff; or
Eighth-That the defendant has
assigned, seereted or disposed Of, or
d about to assign, secrete or dispose
Of any of his property with intent 10
DELAY or deiraud his creditors; or
Nintb-That the defendant is about
to convert his property. or a part
thereof, into money for the purpose
OF placing it beyond the reach of his
creditors; OF Tenth-That the de
fendant has been guilty of a fraud in
contracting the debt or mourning the
obligation for which the action is
brought
Sec 3. An action may be com.
menced and the property of debtor
may be attached previous TO the time
when the debt becomes due, when
nothing but time is wanting to fix
the absolute Indebtedness, and when
the affidavit, in addition to the fact
states; First-That the defendant is
about to dispose of his property with
intent to defraud his creditors; or
second-That the defendant is about
TO remove from the Territory and
refuses to make any arrangements for
securing the payment of the debt
when il falls due, and which con
iempiated removal was not known
to the plaintiff at the time the debt
was contracted; or Third-That the
defendant has disposed of his prop
erty in whole or in part with intent
Of defrauding his creditors; or Fourth
That the debt was incurred for
property obtained under false pre-
lenses
Sec. 4. II the debt or demand for
which the attachment is sued out is
not due at the time Of the commence.
ment of the action. the defendant Is
not required 10 file any pleadings
until the maturity of such debt of
demand. but he may, in his discre-
ton. do 50 and go TO trial as early as
the cause is reached.
Sec. g. No final judgment shall
be rendered In such action. unless
the party consents as in the last sec
lion, until the debt or demand upon
which Il Is based becomes due. But
property Of q perishable nature may
be sold a. in other cases OF attach.
ment.
Sec. O. Before the writ OF attach
ment shall issue, the plaintiff, or
some one in his behalf shall execute
and file with the clerk q bond or
Undertaking, with two or more sure
ties, in sam In no case less than
three hundred dollars, in the district
court, nor less than fifty dollars la
isstice's court. and equal to the
amount for which plaintiff demands
Judgment, conditioned that the
paainliff will pay all costs that may
be adIudged to the defendant. and
all damages which he may sustain by
reason of the attachment, not exceed
ing the amount specified In such
bond OF undertaking as the penalty
thereof, should the same be wrong
fully, oppressively or maliciously
sued out. With said bond or under
taking, there shall also be filed the
affidavit Of the sureties, from which
u must appear that such sureties are
qualified, and that they are each OF
them worth the sum specified in the
bond or undertaking, over and above
all debts and liabilities aud property |
exempt from execution No person
not qualified TO become bail upon
arrest, shall be qualified to become
surety upon a bond OF undertaking |
Tor an attachment
Sec. Z The defendant may, at
any time before Judgment. move the
court or Judge for additional security |
on the part of the plaintiff. and II on
such motion the court or Judge is
satisfied that the security in the plain |
tfs bond has removed from this
Territory, or is not sufficient, the
sttachmest may be vacated and
restitution directed of any property |
taken under il, unless In reasonable
time. to be fixed by the court or
Judge, security is given by the plain
titf
See. s. In an action on such bond |
she plaintiff therein may recover, u
be shows that the attachment was
wtongtully sued out, aud that there
was no reasonable cause To believe |
The ground upon which the same was
Issued TO be true. the actual damages