Arizona weekly citizen., 1890-12-13
THE LAW OF ATTACHMENTS.
An Act to Amend Chapter I, Title W Entitled Attachments and Gar nishments, Revised Statutes of Ari- zsna 1887.

nishments, Revised Statutes of Ari. zsna 1887.
 Be it enacted by the Legislative As sembly of the Territory of, Arizona:
 Section l. Paragraph 40 being Sec. l Chap. 1, Title 4, Revised Statues of Ari zona, 1887, is hereby amended so as tc read as follows: The plaintiff at the time of issuing the summons or st any time afterward may have the property of the defendant attached as security for the satisfaction of any judgment | that may be recovered unless the de- fendant give security to pay such judg- ment as in this act provided in the fol | lowing cases:
 1st. In an action upon contract ex- pressed or implied for the direct payment of money, where the contract is made or is payable in this Territory, and is not secured by any mortgage or lien upon real or personal property or any pledge of personal property.
 1 2nd. When any suit be pending for damages the defendant is about to dis pose of or remove his property beyond the jurisdiction of the court in which the action is pending for the purpose of | defeating the collection of the judgment. 3rd. In an action upon contract ex- press ors implied against defendant not residing in this Territory or a foreign corporation doing business in this Ter ritory.
 Sec. ?. Paragraph fl, being Sec. 2, Chap. 1, Title i, Revised Statutes of Ari- zona, 1887, is hereby amended so as to read as follows:
 fl (Sec. 2) The clerk of the court or Justice ef the Peace must issue writ of | attachment upon receiving an affidavit by or on behalf of plaintiff, showing:
 1st. That the defendant is indebted to the plaintiff upoL contract express or implied for the direct payment of money and that such contract was made or is payable in this Territory and that the payment of the same has not been secur- ed as provided in Section l of this act and shall specify the character of the indebtedness; that same is due to plain tiff over and above all legal set-offs or counter claims, or
 2nd. That the defendent is indebted to the plaintiff stating the amount and character of the debt; that the same is due over and above all legal set-offs and counter claims and that the defendant is nonresident of this Territory, or is foreign corporation doing business in this Territory, or
 3rd. That an action is pending be- tween the parties and that defendant is about to remove his. s.property beyond the jurisdiction of the court to avoid pay ment of the judgment, and
 4th. That the attachment is not sought for wrongful or malicious p1r pose, and the action IS not prosecuted to hinder or delay any creditor of the de- febdaEt.
 Sec. 3. Paragraph 43, being Sec 4, Chap. l, Title 4, Revised Statues of Ari zona, 1887, is hereby repeale'.
 Sec. 1, Paragraph AZ, being Sec s, Chap. 1, Title 1, Revised Statues of Ari- zona, 1887, Is hereby amended by strik- ing out the word Original" where it occurs in the first line of sad section. Sec. ,, Paragraph 50, being Sec. II, Chap. 1, Title i, Revised Statues of Ari- zona, 1887, is hereby amended by strik- ing out the word "replevlable' where ii occurs in line five of said section.
 SEC. 6. All acts and parts of acts in conflict with this act are hereby repeal ed, and this act shall take effect and be in force from and after its passage
 CnAS. R. DRAKE,
 President of the Council.
 JOHN Y. T. SMITH,
 Speaker of the House of Representa- tives.
 1 herewith certify that this bill failed to receive the approval and signature of the Governor prior to the adjournment of the 10th LegIsla tive Assembl on the DIS If day nf March ID 1880
 J. l.. E. ALEXANDER,
 Private Secretary of the Governor. March 22nd, 1689
 (Endorsed.)
 AN ACT PROVIDING FOR ATTACHMENTS OF
 REAL AND PERSONAL PROPERTY. (Endorsed) I hereby certify that the within bill originated in the Council and is known as Council Bill No. 46.
 J. H. CARPENTER,
 Chief Clerk of the Council. (Endorsed) Tins bIll was received by the Cover nor this Dist day of March, i. D., 1889,
 J. l.. B. ALEXANDER, Private Secretary of the Governor. { (Endorsed.) This biIl having remained with the OONernOr ten uays, SundayS excluded, and the Legislature having beer in ses- sion during that time, became law the 2nd day of April, A. D., 1889.
 N. O. MURPHY,
 Secretary of the Territory.
 TERRITORY OF ARIZONA, ss OFFICE OF THE SECRETARY. 1, N. O. Murpuy, Secretary of the Ter | ritory of A,Izona, do hereby C rtify that | the above and foregoing is a true and | correct copy of the original "An Act To | Amend Chapter 1, Title ", entitled At | {; chments and GarDishmerts, Revi ed 1 Statutes of Arizona, 1884," now on file | in my office. It witness whereof, I have hereunto | set my hand and alike my official seal | Done at Phenix this. day of. ..... A. D., 1890.