The Placer herald., 1858-07-31
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
Sented an Senate ana .fSsenl6fy DO enact as
foilolcs:
SEC l. 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 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 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 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 defraud his
creditors: sixth, where the debtor has fraudulent
" concealed. or is about to fraululently conceal
his property or effects with the intent TO hinder
delay. or dcfraud his creditors: seventh, where the
debtor fraudulenty 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 l21 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 Il certain sum (specliving the
amount of such ndcbtedncss) over and above all
| legal sct-oifs 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 tie
same has not been secured by any mortgage, On
real or personal property; second, that the de
| cndant has good reason to believe that one OF
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 one hundred and twenty-five
! of said Act is amended so as to read as follows:
Section %. Before issuing the writ, the Clerk
/ shall require a written undertaking on the part
of the plaiutir. in Il sum not less than two hun
dred dollars nor exceeding the amount claimed
! by the plaintiff, with sufficient surcties to the
effect that if the defendant recover judgment, or
| If the attachment should he 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 !. Section one hundred and thirty-cight of
said Act is amended so as to read as iolloWs:-
Section l3S. In all cases when property or ef
! pcts shall be attached. the defendant. or any ere
| ditor Of thc defendant interested, may tile 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. ;. Section one hundred and thirty nine of
| said Act is amended SO aa to read a. 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 6. Section one hundred and forty Of said
Act IS amended so as to read as follows: Section
! / 10. Ii tn issue be found against the plaintiff
! the attachment shall be dismissed at the cost OF
| The plaintiff. ana his sureigs shall thereafter be
! liable upon the bond for all damages sustained by
! the dctendant in consequence oi the issuing oil
! the attachment.
SEC. section five hundred and ifty-one Of
| said Act is amended 80 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 pAy ymcnt of money. Whica 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 1T 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 t cases specified in sec
| ton one hundred and twenty OF this Act
! SEQ g. Section five hundred and ffty-two of
said Act is amended so to read follows:
! Section 81. A writ to attach the property of
the defendant shall be issued by the justice on
receiving affidavit by or on behalf of the plain
! tiff, showing the same facts required to be
shown by the affidavit specified in section one
hundred and twentyone Of this Act
! SEC. 9. Section five hundred aud fiity-three Of
said Act Is amended so 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 iud g
men, 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 eli ght 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 W it'll this Act. are hereby repealed.
Approved April 18th, 1858.