Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-02-09
ATTACHMENT PROCEEDINGS.

The Amendment Proposed in the Legisla.
ture Premature for this Territory.
One of the most effective law processes
at present in vogue for reaching unwilling
debtors is by process Of attachment. II
has stood the merchants and boarding
house keepers OF this camp in good stead,
by enabling them quickly and e~fiectually to
reach people who are only too willing to beat
their creditors if given a chance. The pro.
cess in justice courts is very ST.. pie, all
that is necessary being, according to section
ISL Of the First Division Of the Code, that
the plaintiff or his attorney shall file an
affidavit showing that the defendant is in
debted to the plaintiff upon a contract for
the payment OF money, gold dust or other
property thea due, which is not secured by
mortgage, lien or pledge upon real or
personal property, or is SO secured that
the security has become insufficient by the
act OF the defendant, or by any has
become nugatory. Thereupon, upon the
fulfllment of other formalties, the property
Of a defendant can be attached or he re
quired to give security for the debt in case
judgment goes against him.
But there is an amendment to this act
pending in the Legislature hat will make
it impossible to issue attach, emit proceed.
ings unless the plaintiff can make affidavit
that the defendant is about to skip the
country without paying his debts. This will
be a very hard matter to prove. Discussing
the amendment with q member of the legal
profession yesterday, he said it ia the form
Of proceeding in vogue ia most OF the States
where the population is steadier, more per
manent than it is here. He thought this
Territory was not far enough advanced in
the settled conditions OF life to limit attach
msnt proceedings omit to cases where such
affidavit could be mace. Il is premature
here yet and would be for many years to
come. It would certainly have the effect
OF taking away much business from the
Justice courts and it would work hardship
upon boarding house keepers especially.
Justice Hopkins expressed himselfstrong-
ly in condemnation OF it. He saw in it the
ruin Of the clearinghouse keepers. "The
majority OF men here, for instance" said
he yesterday. ARE single men and neces.
sarily boar6ers. They are fo~ot-loose and
have no property but their wages. When
they get tired of q place they can leave
without any trouble. Before a boarding.
house keeper knows it, they can be out OF
reach. Ii is only the lear of attachment
that makes some men pay their board at
all. / have known Of instances where one
fellow would go to q boarding house, pay $40
and run in debt for weeks, then move to
another place and keep repeating the game.
Such cases can be reached by the present
mode Of attachment and it is almost the
only protection a ~bosrding-house keeper
has. No merchant would credit a board.
ing-house keeper If that amendment passes
and it is really q danger to the business in
terests of the Territory. I don't see who
could wsnt such an amendment Co the
present law except those who want to beat
tteir creditors. / don't know of any in
Justice theprssent procedure works to any
one who honestly wants to pay his debts,
and / doubt whether the Governor would
sign such a bill il it passes the Legislature"
The bin, which is Council billfNo. 8, was
indefinitely postponed in the House on
Saturday and on Monday a motion was
made to reconsider the vote, which was
last by q vote of nine to six. 1t therefore
does not seem that at present there need
be any apprehension OF its passage.