The Placer herald., 1858-07-17
AN ACT

AN ACT
To amend an Act entitled Gan 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
The People of the State of California, repre-
sented in Senate and assembly do enact as
.foilOUs:
SEC. /. Section one hundred and twenty of said
Act is hereby amended so as to read as follows:
Section 1870. 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
to nav such Judgment in the following cases.
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 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, ASST gned, or otherwise dispos-
ed Of or is about to fraudulently convey, assign,
or otherwise dispose of his property or effects
with the intent to hinder, delay or dctraud his
creditors sixth, where the debtor has fraudulent
ly concealed, or is about to frauiulently conceal
his property or effects with the intent to hinder,
delay or defraud his creditors; seventh where the
debtor fraudulently 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 l21. 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
cd shoUinr first that the 1ptan1ont is inlohtpI
to the plaintiff in certain sum (specifying the
amount of such indcbtedness) over and above all
legal set-olfs 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-
PENDANT 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 g. Section one hundred and twenty-five
of said Act. is amended to read as follows:
Section l22. Before issuing the writ, the Clerk
shall require a written undertaking the part
of the plaintiff, in sum not less than two hun
lred dollars nor exceeding the amount claimed
by the plaintiff with sufficient sureticS to the
effect that if the defendant recover Judgment, or
il 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 ght 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 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
out.
SEC ). Section one hundred and thrty-nnc Of
said Act is amended to read as follows:
Section 139 Upon such issue the plaintiff shall
he 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 s amended so as to read as follows: Section
lio. II tn issue be found against the plaintiff
the attachment shall be dismissed at the cost Of
the plaintiff and his surcics 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 SUM
mons or at any time afterwards may have the
| property of the defendant attached rs security for
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. 8. Section five hundred and ftty-two Of
said Act is amended so as to read as follows:
Section 552. \ writ to attach the property of
the defendant shall be issued by the justice, on
] eeeivng an affidavit by on behalf OF the plain
I tit, showing the same facts are required to be
/ shown by the affidavit specified in section one
hundred and twenty-one of this Act
SEC. o. Section five hundred aud fifty three of
said Act is amended to read as 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, 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 TO- The provisions of this Act shall ap
ply only to contracts made and entered into aftel
the first day of July, thousand eight hundred
and fifty eight; all contracts made and entered
into prior to thef-rst of July, one thousand eight
hundred and ffty-eght. 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 far as they
conflict " ith this Act. are hereby repealed.
Approved April 18th, 1858.
An Act to abolish Public Executions