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

from this Territory, or is not sufficient,
the attachment may he vacated aud
res',t i'ion directed on any property
'aken under it. unless in a reasonable
time, to be fixed by the court or
Judge, further security is given by
the plaintiff, in form as provided in
Sec. 6 of this act.
Sec. 8. In an action on such bond
the plaintiff therein may recover, if
he shows that the attachment was
wrongfully sued out, and that there
was no reasonable cause to believe
the ground upon which the same
was issued to be true, the actual
damages sustained and reasonable
attorneys fees, to be fixed by the
court; and if it be shown that such
attachment was sued out maliciousIy,
he may recover exemplary damages,
nor need he wait until the principal
suit is determined before suing on
the bord.
Sec. 8. The writ of attachment
shall be directed to the sheriff of
any county in which property of the
defendant may be, and shall require
him to attach and safely keep the
property of such defendant within
his county, to the requisite amount,
which shall be stated in conformity
with the affidavit. The sheriff shall =,
in all cases, attach the amount of the
property directed if sufficient, not
exempt from execution, be found in
his county, giving that in which the
defendant has legal and unques-
tionable title, preference over
that in which his title is doubtful or
only equitable, and he shall, as near
ly as the circumstances of the case
will permit, levy upon property fifty
per cent. greater in value than the
amount which plaintiff in his affida-
Wit claims to be due. When proper
ty is seized on attachment the court
may allow to the officer having charge
thereof such compensation for his
trouble and expense in keeping the
samo as shall be reasonable and just.
Sec. 10. Writs of attachment may
be issued from district courts to diff
ferent counties, and several may, at
the option of the plaintiff, be issued
az the same time, or in succession
and subsequently. until sufficient
property has been attached; but only
those executed shall he taxed in the
costs, unless otherwise ordered by
the court. and if more property is
attached in tie aggregate than the
plaintiff is entitled to have held. the
surplus must be abandoned and the
plaintiff puy all costs incurred in re.
lation to such surplus. After tho
first writ shall have issued, it shall
not be necessary for plaintiff to file
any further affidavit or bond, but he
shall be entitled to rs many writs as
may be necessary to secure the
amount claimed.
Sec. IL. Where there are several
attachments against the same defend
ant. they shall be executed in the
order in which they were received by
the sheriff.
SEC. IL. If, after an attach ment
has been placed in the hands of the
sheriff, any property of the defend
ant is removed from the county, the
sheriff may pursue and attach the
same in an adjoining county, within
twenty-four hours after removal.
SEC. 13. The sheriff to whom the
writ is directed and delivered must
execute the Same without delay rs
follows:
l. Real property shall he at
tached by filing copy of the writ,
together with a description of the
property attached, with the county
auditor of the county in which the
attached real is situated.
2. Personal property. capable of
manual delivery, shall be attached
by taking into custody.
3. Stock or shares, or interest in
stock or shares, of any corporation,
association or company, shall be at
tached by leaving with the president
or other head of the same, or the
secretary, cashier or managing agent
thereof, q copy of the writ, and a
notice stating that the stock or in
terest of the defendant is attached in
pursuance of such writ.
4. Debts and credits and other
personal property, not capable of
manual delivery, shall be attached
by leaving with the person owing
such debts. or having in possession
or under his control such credits or
other personal property. a copy of
the writ and q notice in writing that
the debts owing by him to the de-
fendant, or the credits and other
personal property in his possession
or under his control, are attached in
pursuance of such writ.
Sec. IA. Whenever it appears by
the affidavit of the plaintiff or by the
return Of the attachment that no
property is known to the plaintiff or
the officer on which the attachment
Sou 10 CACCutCO, VI AOt oAOCHu "
satisfy the plaintiffs claim, and it
being shown to the court or Judge
by affidavit that the defendant has
property within the Territory not ex.
empt, the defendant may be required
by such court or Judge to attend be-
fore the court or judge or referee
appointed by the court or judge and
give information on oath respecting
the same.
Sec. Is. The court before whom
the action is pending or the Judge
thereof in vacation, may at any time
appoint a receiver to take possession
of property attached under the pro.
visions of this act and to collect, man
age and control the same and pay
over the proceeds according to the
nature of the property and the ex-
igency of the case.
Sec. 1G. If any of the prop.
erty attached be perishable O,
in danger of serious and imme-