The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-09-19
General Laws for the Collection of Debts
in California.

The District Courts have jurisdiction on all
sums over $500.
justices Courts have jurisdiction On all sums
not exceeding 500.
Proceedings by attachment are allowed
FIRsT.-On contracts, exVIess or implied, for
the direct payment OF money, which contracts
are mdde OF are payabLe ia this State, and not Sc
cured by mortgage, lien, or pledge, on real OF
personal property OF. if 80 secured, that such
security has been rendered nugatOry by the act Of
the defendant.
SECOND.-ln an action upon 4 contract, express
Dr implied, against u defendant not residing in
this State. The attachment may be issued at the
time the suit Is commenced.
Debts due the defendant may be garnished,
and all his property may be attached, except that
protected by the exemption laws.
Proceedings by NJ ENEAT not allowed.
DEBroR's PROPERTY ENBrT.-A homestead
worth IS, 900.
Necessary household furniture, and a variety
OF things incident 10 trades, professions, and
caliings.
But nothing il exempt from execution on u
Judgment rendered for the price thereof.
FRAUDULENT CONTROVERSIAL cOnveyances,
transfers, or assignments of goods, chattels, or
things in action, made for the use of the person
making the same, shall be void as against cred
ltors, existing or subsequent.
All voluntary assignments made to trustees for
the benefit of creditors, whether preference is
given or not, are void.
HusBAND AND WHE.-All property held by
either, before marriage, is separate property all
acquired after marriage Is common property, ex-
cept that by gift, bequest, devise, or descent,
which ls separate property.
No dover is allowed.
Upon the dissolution of the community by
death, one-half of the common property shall 20
70 the survivor, and the other half to the descend
ants of the deceased if no descendants, then the
whole goes to the survivor.
Upon the dissolution of the community by de-
cree, the Court may order d division, as ii may he
advised, in cases where the ground of divorce is
adultery or extreme cruelty. Otherwise the same
shall be divided as common property.
The husband has the absolute control of the
common property, with full power of disposition,
except rs TO the homestead.
HoMEsTEAD.-The homestead, to the value of
1900, is protected against the debts of either
husband or wife.
it by either, or both husband and wife. They
can sell it, but not affect IL otherwise, either di-
rectly or indirectly. They may abandon it by a
writing, acknowledged and recorded in the same
manner as deeds are acknowledged and recorded.
LIMITATION OF ACTIoNS.-An action upon any
judgHen contract, obligation or liability, or for
damages obtained, executed or made out of this
State, can only be commenced within tCO years
from the time the cause of action accrued.
An action may be commenced within four
years after maturity upon u contract or liability
founded ON an instrument of writing made or
payable in this State.
An action on Il contract made or payable in
this State, not in writing, may be brought with
in ficO years after maturity.
On IL book account, trO yedrS.
During the absence of the defendant from the
State, the statute does not run.
An action to recover possession of land must be
brought within fire yedIS.
DEEDS AND MORTGAGEs.-If acknowledged or
proved without this State, and within the United
States, must be by some judge or clerk of any
Court of the United States, or of any State or
Territory having a seal, or 10y any commissioner
appointed by the government of this State for
that purpose.
ISsoLyENT LAw.-There is an insolvent law in
force in this State, but a citizen of this State can
not be relieved from his liabilities contracted out
of this State with citizens of other States by virtue
of said law.