San Andreas independent., 1858-04-24
AN ACT

AN ACT
To amend an Act entitled San Act to regulate Proceed
ngs in Civil Cases in the Courts of Justice of this
State passed April twenty ninth, thousand eight
hundred and ifty-one
The People Of the State of California, represented
IN Senate and assembly, do enact as follows:
SECTION l. 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 after
wards, may have the property of the defendant
attached, as security for the satisfaction of any
Judgment that may be recovered, unless the
defendant give security to pay such judgment,
In the following cases First, where the debtor
is not resident of this State; second, when
the debtor has absconded or absented himself
from his usual place of abode, or is about to
a5scond or absent himself so that the ordinary
process OF law cannot be served upon him
third, when the debtor conceals himself so
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
property or effects out of the State to the in
jury of his creditors, or with the intent to him
der, delay, or defraud them; fifth, where the
debtor has fraudulently conveyed, assigned or
otherwise disposed of, or is about to fraudu-
lently convey, assign, or otherwise dispose
lay, or defraud his creditors sixth. where
the debtor has fraudulently concealed or is
about to fraudulently conceal his proper
ty or effects with the intent to hinder delay, or
defraud his creditors; seventh, where the
debtor frauduently contracted the debt or in
Cured the obligation, respecting which the
suit is brought.
Sec. 2. Section one hundred and twenty-onc
OF said Act is amended so as to read as follows
Section 12l. The Clerk of the Court shall issue
the writ of attachment upon receiving an affi-
daVlt by or on behalf of the plaintiff, which
shall be filed, showing, first, that the defen-
dant is indebted to the plaintiff in certain
sum Specifying the amount of such indebted
ness) over and above all legal set-offs or coun-
ter claims, upon a 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, real or per-
sonal property; second, that the defendant has
good reason to believe, and does believe, that
one or more of the causes set forth in the sew
eral subdivisions of the next preceding section
actually exists at the time of making the afi-
davit, reciting the facts upon which such be-
lief is founded
SEC. 3. Section one hundred and twenty-five
of said Act is amended so as to read as fol-
lows Section l22. Before issuing the writ,
the Clerk shall require written undertaking
on the part of the plaintiff, in a sum not less
than two hundred dollars nor exceeding the
amount claimed by the plaintiff, with sufficient
sureties to the effect that if the defendant re-
cover judgment, or if the attachment should
be dismissed, the plaintiff will pay all costs
that may be awarded to the defendant, and all
damage which he may sustain by reason ofthe
attachment, not exceeding the sum specified in
the undertaking.
Sec. 4. Section one hundred and thirty eight
OF said Act is amended so as to read as follows:
Section 1873. In all cases when property or eff
fects shall be attached. the defendant or any
creditor of the defendant interested may file
plea In abatement, under oath, putting in issue
the truth of the facts alleged in the affidavit
on which the attachment sued out.
SEC. Section one hundred and thirty nine
of said Act is so amended so as to read as fol-
lows; Section l39. Upon such issue the
plaintiff shall be held to prove that the facts
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 l40. 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 con-
sequence of the issuing of the attachment.
SEC. Z. Section FIVE hundred and fifty-one
of said Act is amended so as to read as fol-
lows: Section 55l. In an action upon con-
tract, express or implied, made after the pas
sage OF this Acs, for the direct payment of
money, which contract is made or payable in
this State, and is not secured by mortgage upon
real or personal property, the plaintiff, at the
Ir1a Ofi cs1lfr fha
afterwards, may have the property of the de-
fendant attached as security for the satisfac-
ton OF any judgment that may be recovered,
unless the defendant give security to pay such
judgment in all the cases specified in section
one hundred and twenty of this Act
SEC. 8. Section five hundred and fifty-two
of said Act is amended so as to read as fol-
lows: Section 552. A writ to attach the
property of the defendant shall be issued by
the Justice, on receiving affidavit by or on
behalf of the plaintiff, 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. 8. Section five hundred and fifty-three
of said Act is amended so as to read as fol-
lows: Section 553 Before issuing the writ.
the Justice shall require written underta-
King on the part of the plaintiff, with two or
more Suihclent Sureties, to the effect that if
the defendant recover judgment, or if the at
tachment be dismissed, the plaintiff will pay
all costs that may be awarded to the defend
ant and all damages which he may sustain bv
reason of the attachment
SEC. 10. The provisions of this Act shall
apply only to contracts made and entered into
after the first day of July, one thousand eight
hundred and ifty-eight; all contrscts made
and entered into prior to the first day of July,
one thousand eight hundred and ifty-eight,
or now in existence, payable after the first day
of July, one thousand eight hundred and fifty
eight may be prosecuted and enforced under the
Act to which this is amendatory. All Acts
and parts of Acts, so far as they conflict with
this Act, are hereby repealed.
Approved April 18th, 1858.