The Placer herald., 1858-07-03
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
The People of the State Of California, repre-
sented in Senate and assembly do enact as
toUo,rS:
Sec. /. Section one hundred and twenty of said
Act is hereby amended so 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, as secur-
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 abscondcd 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 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 dispos
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 effects with the intent to hinder.
delay, or defraud his creditors; 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 as 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
fled showing, first that the defendant is indebted
to the plaintiff in certain sum (specifying the
amount of such indebtedness) over and above all
legal set-ofs or counter claims, upon a 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-
endant has good reason to believe thai 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 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 sureties to the
effect that if the defendant recover Judgment, or
if the attachment should be dismissed the plain
tif will pay all costs that may be awarded to the
by reason of the attachment in the undertaking.
! SEC. i. Section one hundred and thirty -e ght Of
said Act is amended so as to read as foloWs--
Section 1873. In all cases when property or ef-
fects shall be attached the defendant any ere
dtor 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
out
SEC. 5. Section one hundred and thirty-nine of
said Act is amended 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 E. Section one hundred and forty Of said
Act is amended so as to read as follows Section
/ 40. Ii I'll issue be found against the plaintin,
the attachment shall he 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-onc of
said Act is amended at to read as follows:
Section So 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
cry the plaintiff, at the time of issuing the sum
mons. or at any time afterwards. may have the
!
the satisfaction of any jud gmcnt that may be re
covered, uuless the defendant give security to pay
such Judgment in all cases specified in sec
tion one hundred and twenty of this Act.
SEC. 8. Section five hundred and Gfty-two O
said Act is amended so as to read as follows
Section 552. A writ to attach the property o
the defendant shall be issued by the Justice, on
receiving affidavit by or on behalf Of the plain
tiff, showing the same facts rs are required to bt
shown by the affidavit specified in section one
hundred and twenty y-une of this Act.
SEC. o. Section five hundred aud fifty three o
said Act is amended so as to read as follows
Section 553. Before Issuing the writ, the Justic,
shall require written undertaking on the part o
the plaintiff. with two or more sufficient suretie
to the effect that, if the defendant recover iud g
ment or if the attachment be dismissed the plain
tiff will pay all costs that may be awarded to tn
, 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 afte
the first day of July, one thousand eight hundre
, and fifty eight; all contracts made and entere
into prior to theft rst Of July one thousand eigh
hundred and ffty-eight. or now in existence, pay
: able after the first day of July, one thousan'
eight hundred and fifty eight, may be prosccute
} and enforced under the Act to which it is amen
datory. All Acts and parts of Acts, so far as the
conflict W ith this Act. are hereby repealed.
Approved April 18th, 1858.