copy of the writ, and a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such writ.

Garnishment, when Garnishee liable to Plaintiff.All persons having in their possession or under their control, any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice, shall be, unless such property be delivered up or transferred, or such debts be paid to the Sheriff, liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged, or any judgment recovered by him be satisfied.

Citation to Garnishee to appear before a Court or Judge. Any person owing debts to the defendant, or having in his possession or under his control any credits, or other personal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff, on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.

Attachment may be Discharged. Whenever the defendant shall have appeared in the action, he may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, or to a county judge [in Idaho, probate judge], for an order to discharge the attachment wholly or in part; and upon the execution of the undertaking mentioned in the next paragraph, such order may be granted, releasing from the operation of the attachment any or all of the property attached, and ordering all of the property so released, and all of the proceeds of the

sales thereof, be delivered to the defendant, upon the justification of the sureties on the undertaking, if required by the plaintiff. [Same in Nevada, except district judge to make order].

Undertaking Required.-Before granting such order, the court or judge shall require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the county, to the effect that in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver such attached property so released to the proper officer, to be applied to the payment of the judgment, and that in default thereof the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The court or judge granting such release may fix the sum for which the undertaking shall be executed; and, if necessary, in fixing such sum to know the value of the property released, the same may be appraised by three disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached shall not be released from the attachment without their justification, if the same be required. [The same in Nevada, only the bond must be in money or currency, as the case may be.]

When a motion to Discharge an Attachment may be Made, and upon what Grounds.-The defendant may also, any time before the time for answering expires, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof or to a county judge, that the attachment be discharged, on the ground that the writ was improperly issued. [Same in Nevada, except there is no county judge.]

OREGON.

When, to Issue. In an action to recover money or damages, the plaintiff, at any time after the commencement of the action and before the judgment, may attach in the following cases:

Affidavit.-The affidavit shall state that a cause of action

exists against the defendant, and the grounds thereof, and that the defendant is either:

1st. A foreign corporation; or,

2d. That he is not a resident of this state, or has departed therefrom with intent to delay or defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent; or,

3d. That he has removed or is about to remove any of his property from this state with intent to delay or defraud his creditors; or,

4th. That he has assigned, secreted or disposed of, any of his property, or is about to assign, secrete or dispose of, it with intent to delay or defraud his creditors; or,

5th. That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought.

Arrest of Debtor.-A debtor may be arrested in Oregon, if the creditor can prove on oath that the said debtor is not a resident of the State or has departed therefrom, or that there is a good reason to believe that he is about to leave the state, with the intent to delay or defraud his creditors or to avoid the service of a summons; or that he has assigned, secreted or disposed of, or is about to assign, secrete or dispose of, his property, or any part thereof, with the intent to delay or defraud his creditors; or, that the debt was fraudulently contracted.

Undertaking. Before executing a writ the sheriff, to whom it is directed, shall require a written undertaking on the part of the plaintiff, with one or more sureties, in a sum not less than one hundred dollars, nor exceeding the amount claimed by the plaintiff, to the effect that if the defendant recover judgment, the plaintiff will pay all the costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.

WASHINGTON.

When, to Issue.-Attachments may issue against a debtor when he does not reside within the limits of this territory; when he secretes himself to avoid the process; when he has removed or is about to remove his property, or the material part thereof; when he is about to sell, convey or otherwise dispose of, his property, with intent to hinder, defraud or delay, his creditors. No attachment for being a nonresident, or secretly leaving the territory, shall issue against a debtor while his family remains settled within the county where he usually resided, prior to his absence, if he shall not continue absent from the territory more than one year after he shall have absented himself, unless an attempt be made to conceal his absence. The plaintiff, or some one in his behalf, shall, before a writ issues, execute a bond with sufficient surety, to be approved by the clerk of the court, payable to the defendant, agreeing to pay all damages which may be sustained by the defendant, if the proceedings of the plaintiff shall be wrongful and oppressive.

FORMS.

Affidavit for Attachment against Resident.

Plaintiff, against

says:

the plaintiff in the above entitled action, being duly sworn,

That he is the agent of [or, "is the plaintiff"] the said plaintiff in said .... and county, and as such is better acquainted with the facts than the said plaintiff.

That the defendant in the said action is indebted to the said plaintiff in the sum of.... dollars, gold coin of the United States, over and above all legal set-offs and counter claims, upon an express [or "implied"] contract for the direct payment of money, to wit: upon a ..... . . 、、 and that such contract was made and is payable in this State, and that the payment of the same has not been secured by any mortgage, lien or pledge, upon real or personal property.

That the sum for which the attachment is asked in the said action: that is to say, the amount of indebtedness which is above stated, is an actual, bona

fide, existing debt, due and owing from the said defendant to the said plainti and that the said attachment is not sought and the said action is not prosecuted to hinder, delay or defraud, any creditor or creditors of the said defendant.

[Signed]

Affidavit for Attachment against Non-Residents.

In the District Court of the .... Judicial District of the State of California, in and for the ...., County of .....

......, being duly sworn, says: That he is the plaintiff in the above entitled action.

That the defendant in the said action is indebted to him in the sum of .... dollars, gold coin of the United States, over and above all legal set-offs and counter claims, and that the said defendant is a non-resident of this State.

That the sum for which the attachment is asked in the said action: that is to say, the amount of indebtedness which is above stated, is an actual, bona fide, existing debt, due and owing from the said defendant to the said plaintiff; and that the said attachment is not sought and the said action is not prosecuted to hinder, delay or defraud, any creditor or creditors of the said defendant.

......

Subscribed and sworn to before me, this .... day of.... A. D. 18... County Clerk of .... County.

Whereas, the above-named plaintiff has commenced, or is about to commence, an action in the District Court of the .... Judicial District of the state of......, against the above-named defendant, upon a contract for the direct payment of money, claiming that there is due to said plaintiff from said defendant the sum of ...... dollars, or thereabouts, and he is about to apply for an attachment against the property of said defendant, as security for the satisfaction of any judgment that may be recovered therein:

Now, therefore, we, the undersigned residents of the .... and county of in consideration of the premises and of the issuing of said attachment, do jointly and severally undertake in the sum of ...... and .... dollars, and promise, to the effect that, if defendant recovers judgment in said action, said plaintiff will pay all the costs that may be awarded to the said defend