The Placer herald., 1858-05-22
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
ninth, one thousand eight hundred and fifty
one.
sented in Senate and assembly do enact as
.fONOcs:
Sec l. Section one hundred and twenty Of said
Act is hereby amended so 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, 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
abscntcd 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,
dctraud them; fifth, whore the debtor has frau
dulently conveyed, asst gned, or otherwise dspos-
ed of, or is about to fraudulently convey, assign,
or otherwise dispose Of his property or effects
with the intent to hinder, delay or deiraud his
creditors: SIXTH where the debtor has fraudulent
ly concealed. or is about to fraudulently conceal
his property or effects with the intent to hinder.
delay, or defraud his credtors seventh, where the
debtor raudulently 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 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 tnt t,t if,, fl,.
amount of such Indebtedness over and above all
| legal set-offs counter claims, upon 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-
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. 3. Section hundred and twenty-five
of said Act, is amended so as to read as follows:
Section 122. Before issuing the writ the Clerk
| shall require a 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 suretics 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. T. Section one hundred and thirty ght of
said Act is amended as to read as lolows-
| Section IS. In all cases when property or eff
tccts 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-ninc OF
| said Act amended to 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. e. Section one hundred and forty of said
Act is amended so as to read us follows: Section
10. IF the issue he found against the plaintiff.
the attachment shall be dismissed at the cost of
the plaintiff. and his surctics shall thereafter be
liable upon the bond for all damages sustained by
the defendant, in consequence of the issuing OF
the attachment.
SEC. I Section five hundred and ffty-one OF
said Act is amended so 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 as security for
the satisfaction OF any Judgment that may be re-
covered unless the defendant give security to pay
such Judgment in all c cases specified in sec
lion ouc hundred and twenty OF this Act.
SEC. s. Section five hundred and Gfty-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
receiving an affidavit by behalf Of the plain
tiff. showing the same facts required to be
shown by the affidavit specified in section one
hundred and twenty-one Of this Act.
SEC. 9. Section five hundred aud fity-three of
said Act is amended as to read as follows:
Section 553. Before issuing the writ. the Justice
shall require written undertaking on the part of
the plaintiff. with two more sufficient sureties
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 the
defendant, and all damages which he may sustain
by reason of the attachment
SEC. TO- The provisions of this Act shall APP
ply only to contracts made and entered into after
the first day of July, one thousand eight hundred
and fifty eight; all contracts made and entered
into prior to theft rs Of July one thousand light
hundred and ffty-eight, 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 W th this Act are hereby repealed.
Approved April 18th, 1858.