The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-02-11

AN ACT
To amend An Act entitled IAN Act to regulate
proceedings in civil cases in the Courts OF
Justice in this State" passed April 10Th, 1851.
The People Of the State Of California, represented
in Senate and assembly, do enact astohors:
Sec |. Section one hundred and twenty of
said act, is hereby amended so as to read as fol-
lows: Sec. l20. The Plaintiff, at the time of is
suing the summons, OF at any time afterwards,
may have the property of the defendant attach
ed as security for the satisfaction of any judg-
ment that he or any other person or persons
may recover. to be paid to each and all cred
tors OF said defendant, pro rata, provided there
shall not be sufficient means to satisfy all de-
mands in full, unless the defendant give secur-
ty to pay such Judgment or judgments as here
matter provided in the following cases LIST.
In an action upon contract, express or inn
piled. for the direct payment of money, which
contract is made or is payable in this State, aud
is not secured by any mortgage or lien upon real
or personal property. I'd. In an action upon q
contract, express or implied, against defend
ant not residing in this State
Sec. 2. Section one hundred and twenty-onc
is hereby amended so as to read as follows -
Sec l2l. 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
fled showing: LIST That the defendant is in
debted to the plaintiff, specifying the amount of
Indebtedness, as near w. may he. over and above
all legal set-ofls and counter claims, upon
contract, express or implied, for the direct pay
ment Of money, and that such contract was
made, or is payable in this State, and that the
payment thereof has not been secured by any
mortgage or lien on real or personal property :;
and that the defendant has abscOndcd, or is
about to abscond from this State, or that he is
concealed therein to the injury of his creditors :;
or I'd, that the defendant has removed, or is
about to remove his property or any portion
thereof out of this State, with intent to dcfraud
his creditors; or Sd, that he fraudulcntlv con-
tracted the debt or incurred the obligation in
regard to which the suit is instituted or 4th
that the defendant has fraudulently convened
disposed Of, or concealed his property or any
part thereof or is about TO traudulenty convey.
dispose of, or conceal the same or any part
thereof, with intent to deraud his creditors or
9th. that the defendant is indebted to plaintiff.
Specifying the amount of such Indebtedness as
near as may be over and above all legal sct-offs.
or counter clams,) and that the defendant is
nonresident of this State; all persons claiming
under attachment as provided in this act. shall
lille the affidavit contained in this section. and
shall serve or cause to be served reasonable
notice OF such claim upon the person or persons
sucing out such writ.
Sec. 3. Section one hundred and Twenty-Five
Is hereby amended so as to read as follows =
Section l22. Before issuing the Clerk shall re-
quire written undertaking on the part of the
plaintiff, with good and sufficient suretes. to
the effect that if the defendant recover iudg-
ment, the plaintiff will pay all costs that may
be awarded to the defendant, and all damages
which he may sustain by reason of the attach
ment, not exceeding the sum specified in the I'M
dertakng Also, all persons claiming under
the attachment as provided in this act shall en-
ter into like bond with the same penalties as the
person sueng out the writ.
Sec 4. Whenever, and as soon as a writ of
attachment has been issued under the provisions
OF this act, it shall be the duty of the Clerk of
the Court in which the action is brought. to
cause to be published in some newspaper pub-
llshed in the county in which the suit is com
if no newspaper be published there
lh-then IN newspaper having the largest cir
culatlon IN said county-a notice stating that
an attachment has been issued against the pro-
perty OF the defendant or defendants. naming
MIN or them and requiring the remaining credi-
tors OF said defendant or defendants to appear
and file their claims within six weeks after the
publication of such notice, or that they will he
barred from any share in the proceeds of the
property attached under the provisions of this |
act " Wis