The Placer herald., 1856-12-13
AUBURN, DECEMBER 10, 1856.
THE ATTACHMENT LAW.

For the two or three sessions of our Legislature
last past, there has been propositions before that
body to alter and modify the law as it now stands
for the enforcement of the payment of debts AS
q body our law makers have turned a deaf car to
these appeals.
Recently the Press of the State is making an
appeal to the members of the next legislature to
act in the matter denouncing the present attach
ment law as unjust, injurious to trade generally,
and in fine disgrace to the age and our statute
book. We do not permit ourselves to doubt the
sincerity of these gentlemen; their conclusions
however we do dispute. We arc not going to take
ground that the law is perfect the best digested
statute will have defects; but we are persuaded
after nearly five years experience in the opera
tons of the courts of this State, that the modifi-
cations proposed by most of the press would not
meet with and cover the necessities of California
society.
We have not fallen into that truck swapping
general system Of credit, which obtains in the
States of the Atlantic, and God forbid that we
ever should. The country merchant must make
his returns to his city creditor, within from thirty
to sixty days, and unless he can enforce the pay
ment of the amounts due to him, his credit will
be gone. The property which to day you could
by sale make thousand dollars Of in two months
after may not be of the value of fifty dollars
Whole villages hourishing with hotels, saloons
and theaters &c, are broken up and abandoned
within the changes of moon.
The mining operations which promised we'll, the
rich claim that has induced credit to the or
owners, may be worked out and abandoned in two
months the machinery all sold, and the parties
with the dust in their pockets en- route for the
States
Nor is this huctuatou in the price of property
confined to the mining region, San Francisco and
other cities have suffered in greater or less de-
gree from similar causes money is worth from two
to four per cent per month with the best security
and it is ruinons for persons to do business pay
ing that for their active capital, whilst dead
capital lies in the hands of their debtors.
We told that our population has become
more permanent than it was when the law
enacted. This is perhaps ue.practically in one
case out of twenty, but what real difference does
that make whilst we transact business upon a
cash basis or as near it as the necessities of trade
will admit.
We should be prepared at all times like SOL
vent bank, to stand run. 1t isquite the fashion
10 speak of the creditor an oppressive unfeel-
ing monster and the debtor as prosecuted OPP
pressed creature but this certainly is not true in
one case out of twenty. All experience shows
that business men will not enter into suit with
out apparent necessity; will not drive away their
customers by useless and oppressive measures
Such course would be suicidal. The fact is that
orr business men have not that accumulation of
capital which permits them to do business with
out quick returns. and if they had, and did bust
ness, they would fritter away their substance if
confined 10 the remedies of other States
Our statute permits seizure of property in
two instances; First when affidavit ''by or on be-
half of the Plaintiff showing that the Defendant
is indebted to the Plaintiff, specifying the amount
of such Indebtedness, over and above all legal
set-offs counter claims. upon contract express
or implied, for the direct payment of money, and
that such contract was made OR is payable in this
State, and that the payment Of the same has not
been secured by any mortgage on real or personal
property" Second; "or, that the debt is owing,
and that the defendant is nonresident of the
State" accompanying these facts, thus sworn to,
is an undertaking on the part of the plaintiff in
q sufficient amount with proper sureties. condi
toned to secure the defendant provided he shall
be successful in the suit, againstany damages that
he may have suffered on account of the attach
mint.
Having taken these steps you can at once obtain
a lien upon the personal and real property of the
debtor, and thereby prevent all fraudulent sales
or other connivances SO fruitful of perjury and
ofir1 n Obf bfo in
very humane and moral sister states.
The writ which the Court issues directs the Of
ficer to levy on sufficient property to satisfy the
defendants demand, &C., &c.,-unless the defen-
dant give him security by the undertaking of at
least two sufficient sureties, in an amount sufi-
cient to satisfy such demand, besides costs; in
which case take such undertaking, thus providing
against the necessity of any removal of goods or
chattels from the hands of the honest debtor
The difference between California and the other
States of the Union in this respect is as general
rule, in this there you required to swear that
defendant is nonresident or facts showing that
he is william and about to defraud you, before
you can touch the property in like cases.
Our Constitution and laws inculcating higher
sense of honesty than is found in the Constitution
and laws of other States permits one to cast into
prison the fraudulent debtor. upon showing
similar to that required in those states to seize
the property. means is provided by which the
defaulting party may do justice to his creditors,
and obtain his freedom without further circumlo-
cution
This remedy is over and above, and additional
to that provided by attachment and is one OF the
practical modes of enforcing honesty in CONNER
cial transactions. which the refined sentimentality
of our eastern friends discards as barbarous, but
which we think cvinces practical good sense and
a stout adhesion to honesty in our law Dakefs-
The eollrtS