The Placer herald., 1858-07-10
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
The People of the State of California, repre-
sented in Senate and ASSEMBLY do enact as
| tollo,cs:
| Sec l. Section one hundred and twenty of said
Act is hereby amended as to read as follows:
Section l20. 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 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 or absent himself. 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 dspos-
ed Of or is about to traudulently convey asst gn,
or otherwise dispose of his property or effects
with the intent to hinder, delay or defraud 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, defraud his creditors; seventh, where the
debtor frauduently 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 l2. 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 plaintiff in a certain sum specifying the
| amount of sucn iD1phtp1npSS1 ond ahOvp all
! legal set-oifs counter claims. upon a contract
express 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
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 so as to read as follows:
| Section l22. Before issuing the writ, the Clerk
shall require written undertaking on the part
| Of the plaintiff. in sum not less than two hun
| dred dollars 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.
said Act is amended as to read as follows:-
Section 1873. In all cases when property OF eff
fects shall be attached. the defendant. or any Gre
ditor of lhe defendant interested, may file a plea
! in the nature of plea in abato ment, under oath.
putting in issue the truth of the facts alleged in
! the affidavit which the attachment was sued
| out
SEC g. Section one hundred and thirty-nne o.
said Act is amended as to read as follows:
| Section l39 Upon such issue the plaintiff shall
hp hnl tn hut th.,a aat1
/ said affidavit the grounds of the attachment
existed at the time Of the issuance OF the writ Of
attachment.
! SEC 8. Section one hundred and forty of said
! Act is amended to read rs follows: Section
| 40. If the 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 I Section five hundred and hfty-one Of
| said Act is amended at to read as 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 silIn-
mons or at any time afterwards, may have the
property Of the defendant attached as security for
| the satisfactss- = ny Judgment that may be re-
covered, unless s3e dsfendant give security to pay
!
! ton one hundred and twenty of this Act
| SEC. 8. Section five hundred and ffty-two of
said Act is amended 50 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 behalf of the plain
tiff, showing the same facts as are required to be
! shown by the affidavit specified in section one
| hundred and twenty of this Act.
| SEC. 0. Section five hundred aud Gfty-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 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. TO- The provisions of this Act shall ap-
| 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 rst of July, thousand eight
hundred and ffty-eight, or 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 With this Act. are hereby repealed.
| Approved April 18TH 1858.