The Nevada journal., 1857-02-06

mn" At"it Win our present dttdcHlneH
law. We have not seen any good rea-
sons given as yet for its repeal or alter
alton. 1t is called "barbarous," and
Oppressive" and it seems to be taken
for granted that the epithets will be ta-
ken as true, without either proof or ex-
planation. They talk very lengthily,
and rather absurdly sometimes, of re-
form, but forget to show to us that any
reform at all is needed. That, they
take for granted, and build their argu-
ments upon the supposition. They are
very like that wise company of philo-
sophie grey-beards, who spent a session
in discussing why live turbot placed
in tub full of water would not cause it
to overflow. The simple sages never
thought to inquire if the fact were real
ly so.
This style of begging the question
will not answer in matter of so much
Importance, as the repeal or essential
alteration Of one of the principal reme-
dies provided for creditors by our law
We are convinced that the act as it now
stands, is, in all material respects, bet
ter adapted to the necessities of all
classes in California, than any that
could be substituted in the place of it.
Its provisions are similar to those which
have received the sanction of time in
several of the other states, and have
given no cause for complaint there, Ell
ther on the score of effectiveness or
justice. We confess that we have not
seen any OF the evidences of injustice
in its operation here, unless it be unjust
that man should be forced to pay debts
that he has freely contracted. Any
change in remedy so universally used
as the remedy of attachment, is danger
Gus. We ought at least to be shown
what the evils of the present system
may be, before we resort to the hazard
Gus experiment of adopting new one.
Simple assertion is no proof.
Mr.. Shaw has introduced long ram
bling bill into the senate, intended as
substitute for the present attachment
law. The bill itself is quite legisla-
tive curiosity. If the senator were a
wag, we should say he intended it for a
joke upon the lawyers for we defy
the cunnilgest of them to find its mean
ing, or to define the rights and duties of
parties litigant, from its provisions
There are thousand things for the
creditors to do, and thousand things
for the debtor to do, and an Indictment
provided for any misstep ON the part of
either. There are affidavits and coun-
ter affidavits, and oaths and petitions :;
and the poor debtor, or creditor either,
who goes through the process without
perjury ou his soul, or hand cuffs on his
hands, may bless his lucky stars. Skill
or honesty could not save him.
As near as we can get at it, the great
feature of the bill is something as fol-
lows: On the issuance of an attachment
against debtor, at the suit of any cred
itor, it Immediately becomes the suit of
all his creators against him. Every
person who holds a claim of any kind
against the defendant is obliged to pre-
sent it to the court within certain time.
or be barred of his claim forever. The
entire property Of the defendant is ta-
ken into the custody of the court and
divided pro rata among the lolders of
claims presented. In short, as soon as
one of the creditors barks, tie rest must
all open in full cry, and the devil take
the hindmost. We own that the ideas
we gain from the perusal of Mr.. Shaw's
bill are rather mixed; but we think that
this is the main feature of the grab
game proposed by the Hon. senator in
place of the present attachment law.
What more barbarous and oppressive
law could be devised, than thisl As
it stands at present, a creditor can at
tach sufficient portion of the property
of the debtor at the commencement of
his action, to secure his debt if judg-
ment be obtained Tbe debtor can at
any time procure the release of the at
tachment, by paying the debt or giving
security for its payment. if judgment
shall be obtained against him. Only
creditors who distrust his honesty or his
will to pay, will, in ordinary cases, pur-
sue this remedy. Creditors who have
reliance upon his capacity and his good
intentions, will ordinarily, for their own
sakes, if not for his, grant him time and