The daily Butte record. [volume] (Oroville [Calif.]) 1858-187?, 1858-02-18
ilcoMMfInIGAnHnI

UCoMMUMcATEp.
suggestions I'm regard to the Am nd
ment Of our Attachment Law
The mercantile public are clamorous for
the passage Of proper attachment law
justly 80. As our statute now stands vast
injustice flows alike upon creditors and
debtor. As an example A is indebted to
B upon contract made in this State, in the
sum Of two hundred dollars now, A Is en-
gagged in mercantile business, with stock
Of goods worth two thousand dollars. We
will say that those goods are obtained upon
O credit B institutes a suit against A, re-
sorting to the provisional process of attach
ment. In a brief period, the Constable is
in possession of AS premises, subjccting
the property to lien for keepers fee Of
five dollars per day, until an execution is
sues. and up to the very day Of SALE In
due time tho effects of A are sold at q ruin.
GUS discount, and b is lucky man if he
succeeds in securing the amount Of his
| claim over and above the exactious Of the
officers of the law Meanwhile, other and
~ i"' e'S"iso'S "to 'Sh"i" CIV vi tne regal pur-
suit against their debtor, while the very
goods they sold to A are being sacrificed for
another debt, leaving them remedies.
Again A, scoundrel, may be acting in
in concert with b, to defraud his creditors,
and realize q small bonus from the forced
sale. and B divide the proceeds, to the
sacrifice Of the very men who extended him
credit.
| This is our proposition, and it is based up
on the correct doctrine, that the debtors
effects are ever in pledge for the payment of
his debts, recognizing no priority to that
creditor who manifests alertness in resorting
to legal coercion. Tho law properly con-
cedes to each man the benefit Of its proys-
ions in enforcing the payment of debts.
Let b then resort to process of attach.
ment and procure his judgment. Then
should b, for at least one month, advertise
his proceedings fer the benafit of other
creditors. Permit those ether creditors to
become parties to BIS proceeding by simple
Intervention. If attachments should be
brought in different courts, let the District
Courts, from the which the first attachment
issued assume jurisdiction of the entire mat
ter, by o transfer to it from other courts.
Now through the agency Of the court, or its
referee, let the various claims be marshaled,
and after the allowance of privileged debts,
n prorata distribution of the proceeds Of
the debtors effects take place.
| Such q law, complete in its details, will
effect vast saving in the matter of costs,
as only one process of attachment need nee
essarily issue. Such law places each
creditor upon the same footing and forces
all creditors in community of interest to
sustain the debtor; while noc each one ian
Ishm@lte) is in mad haste to outstrip his
fellows in ruinous proceedings against the
unfortunate debtor. Such law prevents
fraudulent contrivances of the debtor, for
each creditor is interested in resisting fraud,
for the greater the proceeds, the greater the
amount for distribution. Such law sancti.
fies the principle that debtors estate is in
pledge to all his creditors
The various suggestions now before the
Legislature is regard to amendments of the
present attachment law, if carried into eff.
feet, will result in depriving the creditor of
any successful pursuit of his debtor. They
tend to destroy the remedy of attachment
altogether.