The Placer herald., 1858-06-12
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.
The People of the State of California, repre-
sented IN Senate and .4ssembiy do enact as
foUotcs:
Sec. |. Section one hundred and twenty Of said
Act is hereby amended 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. securi
ty for the satisfaction of any judgment that may
be recovered. unless the defendant give security
to pay such judgment in the following casea:-
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 conceas himself
50 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-
pprty or effects ont 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
dulpntly conveyed ASST igned, or otherwise dispos-
ed Of or is about to fraudueutly convey, ASS gn,
or otherwise dispose OF his property or effects
with the intent to hinder, delay or detraud his
creditors; sixth, where the debtor has fraudulent
ly concealed or is about TO rauiulently conceal
delay or deraud his creditors; seventh, where the
debtor trnudulenty contracted the deht, or incur
red the obligation, respecting which the suit is
brought.
SEC. 2. Section one hundred and twenty lone
Of said Act is amended 80 rs to read as follows:
Section l2l. The Clerk Of the Court shall issue
the writ OF attachment upon receiving affidavit
by or on behalf of the plaintiff. which shall be
filed showing. FIRST that the defendant is indebted
to the plaintiff in y certain sum Specifying the
amount of such indebtedneSs) over and above all
legal set-offs or 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-
fendant 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
SLC. 8. Section one hundred and twenty-five
Of said Act. is amended so as to read follows:
Section l22. Before issuing the writ. the Clerk
shall require a written undertaking on the part
of the plaintiff, in Il 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 th@ Hirin-
tiff will pay all costs III; may be awarded to the
defendant and all damage which he may sustain
by reason Of the attachment In the undertaking.
SEC. 1. Section one hundred and thirty ght of
said Act is amended a. to read a. iollows-
Section 1888. In all cases when property or ef-
fpcts shall be attached, the Defendant or any ere
ditOr of the defendant interested. may file "a 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 is amended 30 as to read as follows:
Section 139. Upon snch issue the plaintiff shall
be held to prove that the acts alleged 10y 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 "a follows: Section
l40. II tn issue be found against the pantiN
the attachment shall be dismissed at the cost of
the plaintiff, and his suretics shall thereafter he
liable upon the bond for ali damages sustained by
the defendant, in consequence of the issuing OF
the attachment.
SEC. Section five hundred and ifty-one of
said Act is amended so at to read as follows:
Section SOL: In an action upon contract. ey
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 cases specified in sec
tion one hundred and twenty OF this Act.
SEC. g. Section five hundred and fity-two of
said Act is amended so as to read IA follows:
Section SOP. \ writ to attach the property of
the defendant shall be issued by the justice. on
receiving an affdavit by or on behalf OF the phin.
tiff. showing the same facts are required to be
shown by the affidavit specified in section one
hundred and twenty one Of this Act
SEC. Q. Section five hundred aud ffty-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 iudg-
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. 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 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 " it'll this Act. are hereby repealed
Approved April 18th. 1858.