Arizona weekly enterprise., 1890-12-13
THE LAW OF ArrAoHmENTs.
An Act to Amend Chapter i, Title NV, En- titled Attachments and Garnish- ments, Revised Statutes
 Of fAriznna. 1897

Be it enacted uy the Legisl0tlve As sembly Of tue Territory ot Arizona.
 SECTION ]. Paragraph 4O, being sec. ], Chap. l, Title {. Revised Statutes O. All zona. 1887, Is hereby amended so as to read as follows: The plaintiff at the time of issuing the summons or at any time attergard may have the property of the de fendant attached as security for the sat isfaction of any judgment that may be recovered unless the defendant give SC curity to pay such judgment as in this act provided in the following cases:
 1st. In an action upon contract ex- press or implied for the direct payment of money. where the contract is made or payable in this territory, and i5 not secur- ed by any mortgage or lien upon real or personal property or any pledge of per sonal property.
 2nd. When any suit be pending for damages the defendant Is about to dispose of or remove his property beyond the lur- isdiction of the court in which the actlon is pending for the purpose oi defeating the collection of the judgment.
 3rd. In an action upon conlract eS- press or implied against defendant not residing in this territory or a foreign cor p0ration doing business in this territory. SEC. 2. Paragraph il. being Sec. 2. Chap. l. Title t Revised Statutes ol Ar,- zona. 1887. is hereby amended so as to read as follows:
 AZ (Sec. a. The clerk of the court or justice of the peace must issue the writ oi attachment upon receiving an affidavit by or on behalf of plaintiff showing:
 Ist. That the defendant Is indebted tC 1 the plaintiff upon a contract express or 1 implied for the direct payment of money and that such contract was made or ls ! payable in this territory and that the pay ment of the same has not been secured as ! provided in Sec l of this act and shal specify the character of the indebtedness 1 that the same is due to plaintiff over ant above all legal set-of1s or counter claims or
 2nd That the defendant is indebted to the plaintiff stating the amount ant character of the debt; that the same is due over and above all legal set-olls anl counter claims and that the defendant ! a nonresident of this territory, or is ; foreign corporation doing business in thl territory, or
 3rd. Thatan actionis pending betweel
 the parties and that the defendant i
 about to remove his property beyond tn
 jurisdiction of the court to avoid paymen
 of the judgment, and
 . 4th. That the attachment is not sough
 for wrongful or malicious purpose, am the action is not prosecuted to hinder O
 delay any creditor of the defendant SEC. g. Paragraph 43, being Sec. Chapter 1, Title 4, Revised Statutes c Arizona, 1887, is hereby repealed. SEc. f. Paragraph 46, being Section Chap. l, Title i, Revised Statutes of Ar
 zona. 1887, k hereby amended by strikia
 out the word "original' where it occur
 in the first line of said section.
 SEC 5 Paragraph 90, being Sec. | ; Chap. 1, Title ], Revised Statutes of Ar zona, 1887, Is hereby amended by striidn out the word "repleviable" where it ot
 CUTS in line five of said section. SEo 6. That all acts and parts of ac in conflict with this act are hereby r pealed, and this act shall take effect an
 be in force from and after it's passage.