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1. If served by the sheriff or his deputy, the certificate of such sheriff or deputy.
2. If by any other person, his affidavit thereof.
3. If served by publication, the affidavit of the publishers, their foreman or principal clerk, showing the same, and an affidavit of the deposit of the summons and copy of complaint in the post office, as required above, if the same shall have been deposited; or,
4. The written admission of the defendant.
5. If personal services shall be made out of the Territory, proof may be made by the affidavit of the person who makes the service, taken before the clerk of a court of record having a seal, and certified by him under the seal of said court, or by evidence in open court; or if personal service is made by a person requested so to do by the plaintiff or his attorney, by the affidavit of such person taken before the clerk of a court having a seal, with his certificate thereto attached, under his hand and the seal of said court, but such affidavits must state the time, place and manner of service."
“SEC. 69. In case of service otherwise than by publication, the certificate or affidavit shall state the time and place of the service, and from the time of service of the summons and copy of complaint in an action at law, the court shall be deemed to have acquired jurisdiction and to have control of all the subsequent proceedings."
“Sec. 70. A voluntary appearance of the defendant shall be equivalent to personal service of the summons upon him.”
“ SEC. 71. All the forms of pleadings heretofore existing in actions at law, inconsistent with the provisions of this act, are abolished, and hereafter the forms of pleadings in such action and the rule by which the sufficiency of pleadings is to be determined, shall be as herein prescribed.”
“Sec. 140. The plaintiff in an action to recover the possession of personal property, may at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as herein provided.”
“SEC. 159. All writs of injunction shall be issued by the register in chancery, and shall issue under the seal of the court, be tested in the name of the presiding judge, be directed to the defendants and may be served by the same person and in like manner as writs of summons.
“SEC. 172. The plaintiff at the time of issuing the summons, or at 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 defendant give security to pay such judgment as hereinafter provided in the following cases:
1. In an action upon a contract, expressed or implied, for the direct payment of money, which is not secured by a mort
, gage, lien or pledge upon real or personal property, or if so secured, that such security has been rendered nugatory by the act of the defendant.
2. In an action upon a contract, express or implied, against a defendant not residing in this Territory."
“ SEC. 173. The clerk of the court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, showing
1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs or counter claims) upon a contract express or implied, for the direct payment of money, and that the payment of the same has not been secured by any mortgage, lien or pledge upon any real or personal property.
2. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs or counter claims) and that the affiant verily believes that the defendant is either
1. A foreign corporation; or,
2. That he is a non-resident of the Territory, or has departed therefrom with intent to delay or defraud his creditors, or to avoid the services of process, or keep himself concealed therein with like intent; or, 3. That he has removed or is about to remove any of his
property from this Territory with intent to delay or defraud his creditors; or,
4. That he has assigned, secreted or disposed of any of his property, or is about so to do with intent to delay or defraud his creditors; or,
5. That the defendant has been guilty of a fraud in contracting a debt or incurring the obligation for which the action is brought, stating the facts constituting the alleged frauds.
6. That the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant."
“SEC. 193. The sheriff shall return the writ of attachment with the suminons, if issued at the same time, otherwise within twenty days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto."
IN WHAT CASE JUDGMENT MAY BE HAD UPON FAILURE TO
“SEC. 291. Judgment may be had if the defendant fail to answer to the complaint, as follows:
1. In an action arising upon contract for the recovery of money or damage only, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted by the court or judge, the clerk, upon the application of the plaintiff, shall enter the default of the defendant and immediately thereafter enter judgment for the amount specified in the summons, including the costs, against the defendant, or against one or more of several defendants in the cases provided for in section 67.
2. In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant, and thereafter the plaintiff may apply at the first or any subsequent term of the court for the relief demanded in the complaint. If the taking an account or the proof of any fact be necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. Where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if to determine the amount of damages, the examination of a long account benecessary, by a reference as above provided.
3. In actions where the service of the summons was by publication, the plaintiff, upon the expiration of the time designated in the order of publication may, upon proof of the publication and that no answer has been filed, apply for judgment, and the court shall thereupon require proof to be made of the demand mentioned in the complaint, and if the defendant be not a resident of the Territory, or is a foreign corporation, shall require the plaintiff or his agent to be examined on oath respecting any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and
render judgment for the amount which he is entitled to recover. In all
person recovering judgment in the district court shall have the right to an execution for the satisfaction thereof, as soon as the same is rendered. But the court in which the judgment was rendered may, by order, stay the execution for a reasonable time, in order to enable the judgment debtor to apply for a new trial or to take his writ of error: Provided, That in all cases of appeals from decrees not provided for in this act, the supreme court may, at its next regular term, by general rule, prescribe the manner of taking appeals from decrees of the district court to the supreme court, and said supreme court shall, at the close of said term, publish such rules if any be so made.
SEC. 3. All acts or parts of acts contrary or inconsistent with the provisions of this act, are hereby repealed: Provided, That rights acquired in actions now pending under existing laws, shall not be affected by anything herein contained.”
Sec. 4. Chapter 30, and sections 433, 447, 448, 691 and 693 of the act to which this is amendatory, are hereby repealed.
Sec. 5. The same fees shall be allowed for the services of writs of summons and subpænas in chancery, that are now allowed for services of complaints and notice.
Sec. 6. The first paragraph of section 363, of the act to which this is amendatory, shall be amended so as to authorize, in addition to the judgment debtor or his representatives, any person who may be interested in the said property, to likewise appear and file his objections thereto and be heard thereon.
The following portion of paragraph four of said section, is hereby repealed, viz:
“An order confirming a sale shall be a conclusive determination of the regularity of the proceedings concerning such sale as to all persons in any other action, suit or proceeding whatever.” Passed the House of Representatives November 24, 1871.
J. J. H. VAN BOKKELEN,
Speaker of the House of Representatives. Passed the Council November 28, 1871.
H. A. SMITH,
President of the Council. Approved November 29, 1871. EDWARD S. SALOMON,
Governor of Washington Territory.
ESTABLISHING A COMMON SCHOOL SYSTEM FOR THE TERRITORY
SECTION. 1. Be it enacted by the Legislative Assembly of the Territory of Washington, That the Legislature shall, in joint convention during its present session, and every two years