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

L oeuco uy nim remaining 10 his
eanos and applying the proeeeds, 70.
Re'nef WITH the proceeds Of anv debts
o. credits collected by him dac,ios
uis iees- 70 the pay men Of the iads-
asht' any oslance shall remain due, the
Sser'n snail proceed to collect such BAL
ano- as 1pon an execution in Other
whenever tue Judgment shall
nave been paid the \ era, upon rea-
-onahle demand, shall deiiver over 70
the defendant the attached property re-
naming IN bis hands snd any proceeds
OF the property attached unapplied on
the lud ment
Sec. q. II the execution be returned
nnsatIsned. in whole or in part, ,b.
plaintiff may proceed as In other cases
1poH the return Of an execution.
Sec. y. IL the dsfendan, recover ioic-
msnt against the plaintiff all the pr
ceeds of sales and money collected by
tns Shsrin and all the property attach
ed remaining in the Sheriff's hards
shall be delivered 10 the defendant or
his agent. The order Of attachment
shall De discharged and the property re-
leased therefron.
Sec. -. IL the defendant at suy time
before iodgmsIt oanses 4 bond Z, be
execuses to the plaintiff With suffi .ient
suretiss, TO be approved oy the officer
having the attachment or after the re-
turn thereof BY the clerk. TO the effect
tnat b. will perform the judgment Of
tue court. the attachment shall be dis.
charged and restitution made Of prop
erty taken or proceeds thereof. tie
execution Of s1sh bon shall te
deemed an appearance OF such defend
ant TO the action.
Sec. 30. Such bond shall be ,rt Of the
record, and. il judgment 60 seainst the
defendant. the same shall be entered
against him and sureties.
rec. 81. The defendant may at sny
time after he has sppe ared in the action.
either before or after the release of the
attached property or before any attach
ment shall have bsen actually levied,
apply on motion, upon reasonable no.
tice TO the plaintiff. to the court in which
the action ia brought, or to the Judge
thereof, that the writ of attachment be
discharged on tbs ground that the same
was improperly or irregalsrly issued.
Sec. 32. IL the mott n be made upon
afhdavits upon the part Of the defend
ant, bat not sthervise, the plaintiff may
Oppose the same ~ afhdsvits or other
evidence in addition to those on which
the attachment was made.
SEQ. 80. Ii upon sueh application it
satisfactorily appears that the writ of
attachment was improperly or irregular
ly issued 1t must be discharged.
See. 81. The Sheriff must retura the
writ Of attaohmet with the Summons, II
issued az the sans time Otherwise,
within twenty days after its receipt,
with certificate Of his proceedings In.
dorsed thereon or att iehed thereto, and
whenever an order b IS been made dis
charging or releasing an attachment
upon real property certified copy of
such order may be fled in the Offi,es Of
the County Auditors in which the no
tees Of attachment have been fled and
be iadexed in like manner.
See. s.. This act shall be literally
construed, and the plaintiff, at any time
when objection Is made thereto, shall
be permitted to amend any defect
in the complaint, affidavit, bond. writ
or other proceeding, and no attachment
shall be qusshed or dismissed, or the
property attached released IL the defect
in any OF the proceedings has BEEN or
oan be amended 50 a. to show that a
legal cause for the sttschmsat existed
at the time 10 was issued, and the court
shall give the plaintiff a reasonable time
to perfect snch defective proceedings.
The causes for attachment shall not bs
stated 10 the alternative.
Sec. So. The judge Of any district |
court snail have the power to make
every order in vacation which, by the |
provisions Of this act, may Do ma 20 by |
the court is term time.
Sec. 81 The word "sheriff" as used |
in this act il meant to apply to oon- |
stables when the proceedings ar. in a |
Justices court, or the like officers of any |
other court, and when the proceedings |
are in a Justices court the justice is to |
be regarded as the clerk of the court for |
all purposes herein contemplated; Pro- |
vided, That nothing contained in this |
act shall DO construed to confer upon a |
justice of the peace power to Issue a |
writ of attachment to be served out of |
the county in which such justice shall |
have his office, or to confer upon q |
sheriff, constable or other effiser, power |
or authority to serve writ Of attach |
meRt issued gu. of a Justices ooart be-
yend the limits of the ooanty in which |
such justice shall have his office, except |
in cases provided for in seotisn IL Of
this act; And provided further. That |
nothing contained IN this act shall b
construed or held to authorize the at
tachmsnt of real estate or OF any inter-
est therein, under a writ of attachment
issued out OF any Justices court.
Sec. 81. That chapter twelve (l2) OF
the Code, and sections l726 to 17&5. each /
included, Of the Code, and an act en-
titled "An act to amend chapter twelve,
section one hundred and seventy SIX II |
the Code of Washington" approved |
November y, 1888. and ali other laws
heretofore enacted upon any subject |
matter contained in this act be, and the |
same are, hereby repealed. PrOrided,
That rights acquired in actions nov |
pending under existing laws shall not |
be affected by anything herein con- |
tained.
The bill sili probably be amended at |
the end Of section 70 substantially as
follows:
In case the proceeds of the sales Of |
any attached property shall be insult |