The Placer herald., 1858-05-29
AN ACT

f AN ACT s-FLf q
To amend an Act entitled IAN 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.
The People of the State of California, repre-
sented IN Senate and assembly do enact as
foii0acs:
SEC l. Section one hundred and twenty of said
Act is hereby amended SO 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 sccuri-
ty for the satisfaction of any Judgment that may
be recovered unless the defendant give security
to pay such jud gment in the following cases.
First where the debtar is not a resident OF this
State; second, when the debtor has abscondcd 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, 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 fraudulently convey, assign
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, or defraud his crediors 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 SO as to read as follows
Section l2l. The Clerk of the Court shall issue
| the writ of achment upon receiving affidavit
! by or. on behalf of the plaintiff, which shall be
! filed shoWinU first that tho defendant is indebted
to the plaintiff in a certain sum specifying the
! amount of such Indebtedness over and above all
legal set-of's or counter claims, upon a contract
express or implied. for the direct payment of mo-
ney. and that such contract 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-
| Iendant 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. 8. 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 nor exceeding the amount claimed
| by the plaintiff. with sufficient suretes 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. A. Section one hundred and thirty ght of
said Act is amended so as to read as tolloWs--
Section 1888 In all eases when property or eff
iccts shall be attached the defendant. or any ere
ditor Of die 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
ont.
| SEC. 5. Section one hundred and thirty-ninc Of
said Act is amended so 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. &. Section one hundred and forty of said
Act is amended so as to read as follows: Section
/ no II the 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. Section five hundred and fifty-one of
said Act is amended 50 at to read as follows:
| Section 55l: In an action upon contract OK
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
ertv, 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 eases specified in see
ton one hundred and twenty of this Act
SEC. 8, Section five hundred and Gfty-two of
said Act is amended so as to read as follows:
Section SOP. A writ to attach the property Of
the defendant shall be issued by the Justice,
receiving an affidavit by on behalf Of the plain
tf' showing the same facts required to be
shown by the affidavit specified in section one
hundred and twenty-one of this Act
| SEC. .. Section five hundred aud ffty-three of
said Act is amended so as to read follows:
Section 553. Before issuing the writ the Justice
shall require written undertaking on the part of
the plaintiff with two or more sufficient suretes
to the effect that, if the defendant recover tudg-
ment, or ii 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. 10. 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, one thousand eight
! hundred and fifty 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 with this Act. are hereby repealed.
! Approved April 18th, 1855
Sunday Law