The Placer herald., 1858-05-15

advantage ONSl HldllN Sdl 3iCo-il IL PlCoo'Ht
to the TASTE and may be swallowed occasion
ally, not only without danger, but with ad
vantage.
DEAFNEss.-Taket three drops of sleeps
gall warm, and drop it into the ear on going
to bed. The ear must be throughly syringed
with warm soap and water in the morning
The gall must be applied for three successive
nights. 1t is only etiicacious when the deaf
ness is produced by cold. The most conve-
nent way of warming the gall is by holding.
it in silver spoon over the flame of can
die. The above remedy has been frequently
tried with perfect success.
AN ACT
TO amend an Act entitled ''An Act to regulate
Proceedings in Civil Cases in the Courts of
Justice of this State,' passed April twenty
ninth, one thousand eight hundred and fifty
one.
The People Of the State of Calito,nia repre-
Sented IN Senate and assembly do enact
tOHOlcS:
SEC. |. Section one hundred and twenty of said
Act is hereby amended so as to read as follows:
Section l20 The plaintiff, at the time of issuing
the summons, or at any time afterwards, may have
the property Of the defendant attached. securi-
ty for the satisfaction Of any Judgment that may
be recovered, unless the defendant give security
First, where the debtor is not a resident OF this
State; second when the debtor has absconded or
absented himself from his usual place of abode,
or is about to abscond or absent himself, that
the ordinary process of law cannot be served
upon him; third. when the debtor cOnceals himself
that the ordinary process of law cannot be
served upon him; fourth, where the debtor has
removed, or is about to remove, any of his pro-
perty or effects out Of the State to the injury of
his creditors with the intent to hinder delay,
1,f ,,l thnp, yrhnu thn l,l,, ,,,r
dulently conveyed, assigned, or otherwise dspos-
ed Of, or is about to fraudulenly convey, assign,
or otherwise dispose OF his property effects
with the intent to hinder. delay defraud his
creditors; sixth, where the debtor has fraudulent
ly concealed. or is about to fraululenty conceal
his property or effects with the intent to hinder.
delay, defraud his creditors; seventh, where the
debtor traudulently contracted the debt, or incur
red the obligation, respecting which the suit is
brought.
SEC. 2. Section one hundred and twenty-one
of said Act is amended to read as follows:
Section l2l. The Clerk of the Court shall issue
the writ Of attachment upon receiving affidavit
by or on behalf of the plaintiff, which shall be
filed. showing, first, that the defendant is indebted
to the plaintiff in a certain sum (specitying the
amount of such indcbtedness) over and above all
legal set-oifs or counter claims. upon IA contract
express or implied, for the direct payment of mo-
ney, and that such contract was made, or is pay
able, in this State, and that the payment of the
same has not been secured by any mortgage on
real personal property; second, that the de-
fendant has good reason to believe, that one or
more of the causes set forth in the several sub
divisions of the next preceding section actually
exists at the time of making the affidavit, rect-
ing the facts upon which such belief is founded.
SEC. g. Section one hundred and twenty-five
OF said Act. is amended so as to read as follows:
Section %. Before issuing the writ. the Clerk
shall require written undertaking the part
of the plaintiff, in sum not less than two hun
dred dollars nor exceeding the amount claimed
by the plaintiff, with sufficient suretes to the
effect that if the defendant recover Judgment. or
if the attachment should be dismissed, the plain
tiR will pay all costs that may be awarded to the
defendant and all damage which he may sustain
by reason of the attachment in the undertaking.
SEC 4. Section one hundred and thirty eight Of
said Act is amended 50 as to read as follows:-
Section l3S In all cases when property eff
fects shall be attached the defendant, any Gre
ditor of the defendant interested, may file plea
in the nature of plea in abatement, under oath.
putting in issue the truth of the facts alleged in
the affidavit on which the attachment was sued
oat.
Sec. s. Section one hundred and thirty y-ninc of
said Act is amended 50 as to read as follows:
Section l39. Upon such issue the plaintiff shall
be held to prove that the acts alleged by him in
said affidavit, as the grounds of the attachment
existed at the time of the issuance of the writ of
attachment.
Sec. 6. Section one hundred and forty of said
Act is amended so as to read as follows: Section
40. If the issue be found against the plaintiff,
the attachment shall be dismissed at the cost of
the plaintiff. and his sureties shall thereafter be
liable upon the bond for all damages sustained by
the defendant, in consequence of the issuing Of
the attachment.
SEC. Section five hundred and fifty-one of
said Act is amended at to read follows:
Section 55l In an action upon a contract, ex
press or implied, made after the passage of this
act, for the direct payment Of money which con
tract is made or payable in this State, and is not
secured by mortgage upon real or personal prop
erty, the plaintiff, at the time of issuing the
MONS or at any time afterwards may have the
property of the defendant attached as security for
the satisfaction Of any Judgment that may be re-
covered, unless the defendant give security to pay
such Judgment in all tie cases specified in sec
tion one hundred and twenty of this Act.
SEC. s. Section five hundred and ifty-two Of
said Act is amended so as to read as follows:
Section 552. A writ to attach the property Of
the defendant shall be issued by the justice, on
receiving an affidavit by on behalf of the plain
tiff showing the same facts as are required to be
shown by the affidavit specified in section one
hundred and twenty one Of this Act.
Sec. 9. Section five hundred aud ffty-three of
said Act is amended so as to read follows: |
Section 553 Before issuing the writ, the Justice
shall require written undertaking on the part of
the plaintiff with two or more sufficient sureties |
to the effect that if the defendant recover judg-
ment, or if the attachment be dismissed the plain
tiff will pay all costs that may be awarded to the
defendant and all damages which he may sustain |
by reason of the attachment.
SEC. 10. The provisions of this Act shall ap-
ply only to contracts made and entered into after
the first day Of July, one thousand eight hundred
and fifty eight; all contracts made and entered
into prior to theft rst of July, one thousand eight
hundred and ffty-eght. or now in existence, pay
able after the first day of july one thousand