Daily national Democrat., 1861-05-28
Laws for the Collection of Debts III
California.

Laws for the Collection of Debts III
California.
The following circular has been issued by
the Mercantile Agency in San Francisco,
Nudge, Baker & Co..
The District Courts have jurisdiction on all
sums over 5000.
! Proceedings by attachment are allowed:
lst. On contracts, expressed or implied for
the direct payment Of money, which con
tracts are made, or are payable in this state,
and not secured by mortgage, lien or pledge
on real or personal property; or, if secured,
that such security has been rendered nusato-
ry by the act of the defendant.
81. in an action upon a contract, express
or implied against a defendant not residing
in the State. The attachment may be issued
at the time the suit Is comaenced.
Debts due the defendant may be garni,heed
and all his property may be attached, except
that protected by the exemption laws.
Proceedings by ne ere@ not allowed.
DEBTORS PROPERTY EXEMPT.
Homestead worth $1,000.
Necessary household furniture, aud a vlr-
ETY. of things incident to trades, professions,
and calliues.
But nothing is exempt from execution on a
judgment rendered for the price thereof.
FRAUDULENT coNyEYAXcEs
All convcyances, transfers or assignments
of goods, chattcls, or things in action, made
for the use Of the person making the same,
shall he void as against creditors, existing or
subsequent
All voluntary assignments made to trus-
tees for the benefit of creditors. whether
preference or not is given, are void.
HUSBAND AND WIFE.
All property held 10y either before mar
riage is separate property; all acquired after
marriage is common property, except that by
gift, bequest, devise or descent which is sep
arate property.
No dover is allowed.
Upon the dissolution Of the community by
death, one half of the common property shall
90 to the survivor, and the other half to the
descendants of the deceased; if no descend
ants, then the whole goes TO the survivor
Upon dissolution Of the community by de-
cree, the Court may order division as it
may be advised. in cases where the ground
of divorce is adultery or cNtrcme cruelty {;
7 otherwise the same shall be divided as COM
/ mon property.
The husband has complete control Of the
common property, with fail power Of dispo-
s.don, except the homestead.
HOMESTEAD.
The homestead, TO tie value of $1,000, is
protected against the dcjts Of either husband
or " tr.
No mortgage or iacUmlrance can be made
upon IL 10y either, or both husband and wife
They can sell it, hut mut effect it otherwise,
either directly or indirectly. They may a
Landon it 10y writing, acknowledged and
recorded in the same manner as deeds are ac-
kuowledgel and recorded.
LIMITATIONS OF ACTIONS
An action upon any judgment, contract,
obligation or liability, or for damages obtain
ed, executed or made ont Of this State, can
only be commenced within two years from
the time the cause of action accrued.
Any action may he commenced within four
years after maturity upon a contract or LA
bi.ity founded On an instrument Of writing
made or payable ia this State.
An action on a contract made or PAYABLE
in this State, not in writing, may be brought
within two years after maturity.
On book account, two years.
During the absence of the defendant from
this State the Statute does not run.
IN action to recover possession of land
must be brought within five years.
DEEDS AND MORTGAGES.
If acknowledged or approved without This
State, and within the United States, must be
10y some Judge or Clerk of any Court of the
/ United States, or Of any State or Territory
having a seal, or by any commissioner APP
pointed by the Governor Of this State for
that purpose.
INSuLVEN1 LAW.
There IS an insovent law in force in this
State, but a citizen Of this State cannot be re-
| ieved from his liabilities contracted out of
/ This State with citizens of other STATES IV