Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-04-02
SEC. 2f TT after sallinp oil tho

Sec. 26. II after selling all tn.
property attached by him remaining
In his hands and applying the pro.
ceeds, together with the proceeds of
any debts or credits collected by him
deducting his fees, to the payment
OF the judgment. any balance shall
remain due, the sheriff shall proceed
TO collect such balance as upon an
execution in other cases. Whenever
the judgment shall have been paid
the sheriff. upon reasonable demand,
shall deliver over to the defendant
the attached property remaining in
his hands and any proceeds of the
property attached unapplied on the
judgment.
Sec. q. If the execution be re-
turned unsatisied, in whole or in
part, the plaintiff may proceed as in
other cases upon the return of an
execution.
Sec. %. If the defendant recover
judgment against the plaintiff all
the proceeds of sales and money
collected by the sheriff and all the
property attached remaining in the
sheriff's ha1ds shall be delivered to
the defendant or his agent. The
order of attachment shall be dis
charged and the property released
therefrom.
Sec. 20. If the defendant, at any
time before judgment, causes a bond
to be executed to the plaintiff with
sufficient sureties, to be approved
by the officer having the attachment
or after the return thereof by the
clerk to the effect that he will per.
form the judgment OF the court, the
attachment shall be discharged and
restitution made of property taken
or proceeds thereof. The execution
of such bond shall be deemed an
appearance of such defendant to the
action.
Sec. 80. Such bond shall be part
of the record, and. if judgment go
against tho defendant, the same
shall be entered against him and
sureties.
Sec. 81. The defendant may at
any time after he has appeared in
the action, either before or after the
release of the attached property or
before any attachment shall have
been actually levied, apply on mo-
ton, upon reasonable notice to the
plaintiff, to the court in which the
action is brought or to the Judge
thereof, that the writ of attachment
be discharged on the ground that the
| samo was improperly or irregalarly
issued.
SEC. 80. If the motion be made
upon af1idavits upon the part cf the
defendant, but not otherwise, the
plaintiff may oppose the same by
atfidavits or other evidence in ad-
ditition to those on which the attach
ment was issued.
SEC. 33. II upon such application
it satisfactorily appears that the writ
of attachment was improperly or
irregularly issued, it must be dis
charged.
SEC. "a. The sheriff must return
the writ of attachment with the
summons, if issued at the same time,
otherwise, within twenty days after
its receipt, with a certificate of his
proceedings endorsed thereon or at
tached thereto, and whenever an
order has been made discharging or
releasing an attachment upon real
property, certified copy OF such
order may be filed in the offices of
the County Auditors in which the
notices of attachment have been filed
and be indexed in like manner.
Sec. 35. This act shall be liberal
ly construed, and the plaintiff, at
any time when objection is made
thereto, shall be permitted to amend
any defect in the complaint, attida-
Wit, bond writ or other proceeding,
and no attachment shall be quashed
or dismissed or the property attach
ed released, if the defect IN any of
the proceedings has been or can
be amended so as to show that a
legal cause for the attachment exist
ed at the time it was issued. and
the court shall give the plaintiff q
reasonable time to perfect such de-
fective proceedings. The causes for
attachment shall not be stated in the
alternative.
SEC. SO. TIE judge of any district
court shall have power to make every
order in vacation which, by the pro.
visions of this act, may be made by
the court in term time.
Sec. 81. The word "sheriff" as
used in this act is meant to apply to
constables when the proceedings
are in a Justices court and when the
proceedings are in Justices court
the justice is to be regarded as tho
clerk of the court for all purposes
therein contemplated; Prorided, That
nothing contained in this act shall
be construed to confer upon JUS
tiCc Vi tuo peuCo Po"CA " 'So"o
writ of attachment to be served out
of the county in which the justice
shall have his Office, or to confer up
on q sheriff, constable or other ofti-
Ger, power or authority to serve a
writ of attachment issued out of a
Justices court beyond the limits of
the county in which such justice
shall have his Office, except in cases
provided for in section twelve of this
act; And propided further, That moth
ing contained in this act shall be
construed or held to authorize the
attachment of real estate or of any
interest therein, under o writ OF at
tachment issued out of any Justice &
court.
Sec. 38. That chaptertwelve (12l
of the code of Washington Territory
aud sections 1876 to 1745, each III
cluded, of the code of Washington
Territory and an act entitled An ac1
to amend chapter twelve, section one
hundred and seventy-six OF the code