LAWS OF WASHINGTON TERRITORY, ENACTED BY THE LEGISLATIVE ASSEMBLY IN THE YEAR 1881. Rublished by fathorig. OLYMPIA: C. B. BAGLEY, PUBLIC PRINT)I 1881. LAWS OF WASHINGTON TERRITORY. Enacted at the EMhth Biennial Session, which was begun and held at the City of Olympia, the Capitalof said Ter- ritory, on Monday, October 3, 1881, and ended Thursday, December 1, and at thq special session which was begun on Friday,December 2, 1881, and ended Wednesday, De- cember 7, 1881. WILLIAm A. NEWELL, Governor. H. F. STRATTON, President of the Council. GEORGE COMEGYS, Speaker of the House of Representatives. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REGULATE THE PRAC- TICE AND PROCEEDINGS IN CIVIL ACTIONS, APPROVED NOVEM- spR STH, 1877. SECTION 1. Be it enacted by the Legislative Assembyof the Territory, of Washington, That section 174, chapter II of an act, entitled "An act to regulate the practice and proceed- ings in civil actions," approved November 8th, 1877, be and the same is hereby amended so as to read as follows: "The plaintiff, at the time of issuing the summons, or at any time afterward, before judgment, may have the property of the defendant attached in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as he may recover. SEC. 2. That section 175 of said act be and the same is hereby amended so as to read as follows: "The writ of attach- 4 GENERAL LAWS. ment shall be issued by the clerk of the court, in which the action is pending, but before any writ of attachment shall issue, the plaintiff, or some one in his behalf, shall make and file with such clerk an affidavit stating that a cause of action exists against the defendant, and the nature thereof, and that the defendant is indebted to the plaintiff thereon, specifying the amount of said indebtedness as near as may be, over and above all set-offs or counter claims, and that the same is not secured by any mortgage or lien upon any real or personal property, or any pledge of personal property, or if originally so secured, such security has, without any act of the plaintiff, become inadequate." SEC. 3. That section 176 of said act be and the same is here- by amended so as to read as follows: "Before the writ of attach. ment issues, the plaintiff, or some one in his behalf, shall also execute and file with the clerk a bond or undertaking, with two or more sureties, in a sum not less than two hundred dollars and equal to the amount for which plaintiff demands judgment; and to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages which he may sus- tain by reason of the attachment, if the same be wrongful or oppressive, not exceeding the sum specified in the bond. With the bond or undertaking the plaintiff shall also file the affidavits of the sureties, from which affidavits it must appear that such sureties are qualified, and that taken together they are worth the sum specified in the bond or undertaking over all debts and liabilities and property exempt from execution. No person not qualified to become bail upon an arrest is qualified to become a surety in a bond or undertaking for an attachment." That section 177 of said act be and the same is hereby amended so as to read: "The writ shall be directed to the sher- *(ff of any county in which the property of such defendant may be, and shall require him to attach and safely keep all the prop- erty of such defendant within his county, not exempt from exd- cution, or so much thereof as may be sufficient to satisfy plain- tiff's demand, the amount of which shall be stated in conformity with the complaint, together with costs and expenses. Several writs may be issued at the same time to the sheriffs of different counties. After the return of any writ of attachment by the sheriff executing the same, the plaintiff, notwithstanding such return may have other writs of attachment issue in the same action without further proceedings, the same to be executed as an original writ." That subdivision one (1) of section 179, be and the same is hereby amended so as to read: "1. Real property shall be attached by filing a copy of the writ together with a description of the property attached, with the auditor of the county in which the attached property is situated." GENERAL LAWS. 5 SEC. 4. That section 189 of said act be and the same is hereby amended so as to read: "Whenever the defendant has appeared in the action, he may at any time before judgment therein have the property attached delivered to him, by execu- ting and delivering to the officer having the same a bond or undertaking, to be approved by such officer in a sum at least double the amount claimed in plaintiffIs affidavit, with at least two sureties, who shall be residents of the Territory, to the effect that the parties executing such bond or undertaking will pay to the plaintiff the amount of any judgment, costs, and interest thereon, which the plaintiff may recover against the defendant in the action, which bond or undertaking shall run to the plaintiff. Before the officer shall approve of the bond or under- taking, the sureties to the same shall make and deliver to such officer an affidavit that they are residents of the Territory of Washington and are worth the sum specified in such bond or undertaking, in property within this Territory over and above all debts, liabilities and exemptions; which affidavits shall be endorsed upon or annexed to such bond or undertaking and re- turned by the officer taking the same to the clerk of the court issuing the writ of attachment; in case the plaintiff recover judgment in said action he may bring an action upon such bond or undertaking, against all or any of the parties executing the same; and shall be efititled to recover the amount of the judg- ment recovered against the defendant in the writs.of attachment and costs. SEC. 5. That sections 190, 191, 192 and 193 of said act be and the same are hereby repealed. SEC. 6. This act shall take effect and be in force from and after its passage and approval. Approved October 31, 1881. AN ACT TO AMEND AN ACT ENTITLED "AN ACT DEFINING THE JURISDICTION AND PRACTICE IN THE PROBATE COURTS IN WASHINGTON TERRI- TORY," APPROVED NOV. 11, 1873. SECTION 1. Be it enacted by the Legilative A8sembly of the Territory of Washington, That section one hundred and forty-five (145) of an act entitled "An act defining the jur- isdiction and practice of probate courts in Washington Terri- 6 GENERAL LAWS. tory," approved November 11, 1873, be and the same is hereby repealed. SEC. 2. This act to take effect and be in force from and after its passage and approval. Approved, November 10th, 1881. AN ACT TO AMEND AN ACT ENTITLED "AN ACT DEFINING THE JURISDICTION' AND PRACTICE IN THE PROBATE COURTS OF WASHINGTON TER- RITORY, APPROVED NOVEMBER 11TH, 1873. SECTION 1. Be it enacted by the 8Legislative Assembly of the Territory of Washington, That the act of the Legislative Assembly of Washington Territory, approved November 11th, 1873, entitled "An act defining the jurisdiction and practice in the probate courts of Washington Territory," be and the same is hereby amended so as to read as follows: "See. 90, subdivision 3. To one or more of the principal creditors: Provided, That if the persons so entitled or interested shall neglect, for more than 40 ays after the death of the intestate, to present a petition for letters of administration, or if there be no relatives or next of kin, or if the heirs or one or more of the principal creditors in writing waive their right to administer, or if there be no principal creditor or creditors, then the probate court or judge may appoint any suitable and competent person to administer such estate." SEC. 2. That section 328 of said act shall be and the same is so amended as to read as follows: "The county shall, in all cases where the person is indigent, be at the expense of such conveyance to the asylum, and in the event of the death of such person, be chargeable with the funeral expenses: Provided, T hat when such insane person is a resident of another county, the county wherein suh proceedings were had shall recover from the county of which such insane person is a resident, all costs and expenses. SEC. 3. This act shall take effect and be in force from and after its passage and approval. Approved. GENERAL LAWS. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN ACT ENTITLED AN ACT DEFINING THE JURISDICTION AND PRACTICE IN THE PROBATE COURTS OF WASHINGTON TERRITORY, APPROVED NOVEMBER 9, 1877. SECTION 1. Be it enacted by the Legi8lative Aserbly of the Territory of Washington, That section two (2) of said act shall be and the same is hereby amended by adding thereto the following: "Provided, That when the relatives or friends desire to take charge of such insane or idiotic persons, the court or judge may so order, if they shall give bonds with surety, to be approved by said court, conditioned that such in- sane or idiotic person shall be well and securely kept. .. SEC. 2.