The Placer herald., 1858-06-19
AN ACT

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
one.
The People of the State of California, repre-
sented in Senate and assembly do enact as
foilo,cs:
Sec. l. Section one hundred and twenty of said
Act is hereby amended so as to read as follows:
Section 20 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 oases:-
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 defraud them; fifth, where the debtor has frau
dulently conveyed, assigned or otherwise dispos-
ed of. or is about to fraudulenty convey, assign,
or otherwise dispose of his property or effects
with the intent to hinder, delay defraud his
creditors; sixth, where the debtor has fraudulent
ly concealed, or is about to frauduently conceal
his property effects with the intent to hinder.
delay or defraud his creditors; seventh, where the
debtor trauduently 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 as to read as follows:
Section 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
filed, showing first that the defendant is indebted
| tO the nlointiff in 81 certain (SnocifVinU tho
amount of such ndebtedness) over and above all
legal setoffs or counter claims, upon a 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-
Gendant 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 as follows
| Section l22. 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 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
defendant, and all damage which he may sustain
by reason Of the attachment in the undertaking.
Sec. 4. Section one hundred and thirty lei ght of
said Act is amended to read as follOws:-
Section l3S. In all cases when property or eff
fccts shall be attached the defendant or any ere
dit0r 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 so 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. g. Section one hundred and forty of said
Act is amended so as to read as follows: Section
! l40. If tn 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. 7 Section five hundred and ffty-one of
said Act is amended at to read follows:
Section 55: In an action upon 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 sum
mons. or at any time afterwards, may have the
property of the defendant attached security fol
the satisfaction OF any Judgment lnat may be re-
covered, unless the defendant give security to pay
such judgment in all e cases specified in sec
tion one hundred and twenty of this Act
SEC. s. Section five hundred and fitty-two O
said Act is amended so as to read follows
Section 552 A writ to attach the property o.
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 b,
shown by the affidavit specified in section one
hundred and twenty of this Act
SEC. 8. Section five hundred aud fifty three o
said Act is amended to read as follows
{, Section 553 Before issuing the writ the Justice
shall require a written undertaking on the part o
the plaintiff. with two sufficient suretie
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 tn
defendant. and all damages which he may sustain
by reason of the attachment.
Sec. TO- The provisions of this Act shall ap
ply only to contracts made and entered into afte
the first day of July one thousand eight hundre
and fifty eight; all contracts made and entere
into prior to theft rst of July, one thousand eigh
hundred and ffty-eight. or in existence, pay
able after the first day of July, one thousan,
eight hundred and fifty eight, may be prosccute
and enforced under the Act to which it is amen
datory. All Acts and parts of Acts so far as the
. conflict 18th this Act. are hereby repealed.
Approved April 18th, 1858.