The Placer herald., 1858-06-05
AN ACT

AN ACT
To amend an Act entitled can 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 California, repre-
sented in Senate and assembly do enact as
toHoUs:
Sec. l. Section one hundred and twenty Of said
Act Is hereby amended SO as to read US follows:
Section 90 The plaintiff at the time of issuing
the summons. or at any time afterwards, may have
the property Of the defendant attached. as securi-
ty 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 abscond 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 pro-
perty or effects out OF the State to the injury OF
his creditors. or with the intent to hinder. delay,
or detraud them; fifth, where the debtor has frau
dulently conveyed, assigned or otherwise dispos-
ed Of. or is about to frauduently convey, assign,
or otherwise dispose OF his property or effects
with the intent to hinder, delay or defraud his
creditors; sixth where the debtor has fraudulent
~ CO0Cealeu, or Is ABOUT 10 conceal
his property or effects with the intent to hinder
delay or defraud his creditors; seventh, where the
debtor irauduenty 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 so as to read as follows:
Section l2l. The Clerk of the Court shall issue
the writ of attachment upon receiving an affidavit
by behalf of the plaintiff. which shall be
filed, showing first that the defendant is indebted
to the plaintiff in a certain sum Specifying the
| amount OF such ndebtedness) over and above all
legal setofs or counter claims. upon Il 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 or personal property; second, that the de-
| Icndant 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, recit
ing the facts upon which such belief is founded
SEC 3. Section one hundred and twenty-five
OF said Act is amended so as to read us follows
Section %. Before issuing the writ. the Clerk
shall require written undertaking on the part
of the plaintiff in il sum not less than two hun.
dred dollars nor exceeding the amount claimed
by the plaintiff. with sufficient sureties to the
effect that if the defendant recover Judgment or
! if the attachment should be dismissed, the plain
tiff will pay all costs that may be awarded to the
|
by reason of the attachment in the undertaking.
SEC. 4. Section one hundred and thirty -ei ght Of
said Act Is amended so as to read as tolloWs:-
Section 3S. In all cases when property or eff
fects shall be attached, the defendant or any ere
! 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
out.
SEC. 5. Section one hundred and thirty nine Of
said Act is amended 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. &. Section one hundred and forty of said
Act is amended so as to read as follows: Section
l40 II III issue be found against the plaintiff,
the attachment shall be dismissed at the cost of
the plaintiff and his suretics shall thereafter be
liable upon the bond for all damages sustained by
the defendant, in consequence OF the Issuing OF
the attachment.
SEC. 7 Section five hundred and fifty-one of
said Act is amended so at to read as follows:
Section 55l: In an action upon contract. ox-
press or implied. made after the passage OF this
act, for the direct payment Of money, which con-
| tract is made OF payable in this State, and is not
! secured by mortgage upon real or personal prop
crty, the plaintiff at the time Of Issuing the sum-
! mons or at any time afterwards may have the
|
the satisfaction of any Judgment that may be re-
covered, unless the defendant give security to pay
such Judgment in all cases specified in sec
ton one hundred and twenty of this Act.
SEC. s. Section five hundred and ftty-two OF
said Act is amended 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 or on behalf OF the plain
tiff, showing the same facts as are required to be
shown Ivy the affidavit specified in section one
hundred and twenty one Of this Act.
SEC. .. Section five hundred aud flty-three OF
said Act is amended 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
mcnt, 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 atte
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 cgh
hundred and ffty-c ght or now in existence pay.
able after the first day of July, one thousand
eight hundred and fifty eight, may be prosecuted
and enforced under the Act to which it is amen
datory All Acts and parts of Acts, so tar as they
conflict W ith this Act. are hereby repealed.
Approved April 18TH 1858