The weekly Columbian., 1857-02-14
The Attachment Law.

III Tue early pdtt OI LHo ScSSlOh, DuI III
consideration of the immense amount OF
important business before that honorable
body, it has been delayed from day to
day and from week to week, and in all
probability will die with the unfinished
business of the session
The principles Of this bill are perhaps
as intimately connected with the pros
perity of the State in general and of mer-
chants in particular, as any measure be-
| fore the Legislature and in view of
which, should be acted upon at once. We
notice from San Francisco papers that
the merchants ofthat city have manifested
much interest in the proposed amend
ments, the necessity of which they have
not only seen but experienced in the col
lection Of credits due them, not only in
their own city, but also in the interior
towns in the State. But it is not the
San Francisco merchants alone, who are
interested i'll the amendments of this bill,
nor yet the creditor; as its provisions
should be SO arranged that, while single
creditor could not attach and sell proper
| ty to the exclusion of others, he should
not at the same time have it in his power
to hamper the business of debtors, at a
time when little leniency on the part of
creditors would enable them to extrit ate
| themselves from all embal easements, and
at the same time to continue their busi-
ness successfully. Let this bill partake
of the character of etlenchment as well
as reform. The bill as presented by MIR.
Shaw, in our estimation, is entirely too
voluminous, and at the same time want
ing in provisions, as expressed above. In
the formation of laws, it is desirable. that
they be expressed in plain, simple lam
guage. and couched in as few words as
will fully answer the purposes of the law :;
this will preclude the necessity of so much
litigation.
For the benefit of those of our readers
who have not perused or examined the,
Governors Message, we attach the fol-
lowing extract, relating to the Attach
ment Law:
"The attachment act of 1851 lie DIS ma
terlal modification. BY its provision an
attachment may issue on any debt due by
express or implied contract made or pay
| able III this State, and not secured by
mortgage. | am confident this is the on
| ly State where an attachment law is found
of such rigorous provisions, and certainly
| no peculiar reasons can be offered why
it should exist here. A process of this
summary character should only be issued
under peculiar circumstances and for spe-
cial reasons-certainly more than the
mere fact that one is indebted, and at the
time the debt becomes due, cannot make
prompt payment. 1t is too often made
the lntsument of oppression, as it can
readily be employed by the unrelenting
creditor; and instances are constantly
occurring where, by its operation, the
property is sacrificed, business is destroy
ed, and credit ruined, by the priority ol
lien obtained by some creditor more vig-
liant or less indulgent than others. Its
stringent features afford every induce
ment to employ it, when probably the
debtor is in condition most needing len
ty from his creditors. Again, the great
facility with which debt may be secured
under this law, begets reckleSsness in the
trading community by the bcstowal of
their credit, and tends to render more
numerous the failures which so frequently
occur in business, and by which the pub
lie. in the end, are generally the sufferers.
The present law also constitutes tempting
opportunity for coIlusion between par
ties, whereby the larger portion of credi-
tors may be defrauded of their Just dues.
Indeed, it would be difficult to frame
law which combines SO little of benefit to
either the debtor or creditor, and which
would afford equal facilities for fraud and
collusion, as does the present attachment
law, and SO manifestly injurious has been
its operation, that public sentiment is un-
questionably in favor of radical changes
being made in it. | would recommend
a return to the provisions of the attach
ment law enacted in 1850, which was
superseded by the present act. By its
provisions, an attachment could issue only
in the following class of cases -
" lst. That the defendant has ab-
seconded, or is about to abscond, from
this State. or that he is concealed therein,
to the injury of his creditors or,