The Shasta courier., 1862-08-23
Sole Traders Act.

The Act of 1852, concerning. Sole Traders,
underwent, at the last Legislature, a total
alteration, in respect TO the manner of pro-
ceeding to become Sole Trader. As mat
ter of public interest, we publish the entire
amendments alluded to, SO that those intend
ing to avail themselves of the benefits Of this
law may act understandingly
The People ofthe State of California. repre-.
sented IN Senate and Assembly, do enact as
foll0ws:
SECTION l. Section two of said Act is
amended so as to read as follows
SECTION 2. Any married woman, residing
within this State, desirous to avail herself of
the benefit of this Act, shall give notice
thereof, by advertising in some public news
paper Of generel circulation in the county in
which she resides, for four successive weeks !;
proUided, if any newspaper be published in
said county, said publication shall be made
in the paper so published in said county
Such notice shall set forth that it is her in
tention to make application to the District
Court of said county, on the day therein
named, for an order of said Court permitting
her to carry on business in her own name and
on her own account, and it shall speci6cal-
ly set forth the nature of the business to be
carried on. On the day named in the notice
or at such further time as the Court may ap-
point, on filing proof of publication. the
Court shall proceed to examine the appllca-
tion, on oath as to the reasons which induce
her to make the application, and if it appear
TO the Court that a proper case exists, it shall
make an order. which shall be entered on
the minutes, that the applicant be author
lied and empowered to carry on. III her own
on har +Hn bu
trade, profession, or art, named in the no.
tice but the insolvency of the husband,
apart from other causes tending to prevent
his supporting his family, shall not be deem
ed to be sufficient cause for granting this ap-
pl:cation. Any creditor Of the husband may
oppose such application, and may show that
it is made for the purpose of defrauding such
creditor, and preventing him from collecting
his debt, or will occasion such result, and if
it shall so appear to the Court, the applica-
ton shall be denied. On the hearing, wit
nesses may be examined on behalf of either
party. Before making the order, the Court
or Judge shall administer to the applicant
the following oath
81, A. B., do, in presence Of the Al
mighty God, truly and solemnly swear, that
this application is made in good faith, for the
purpose of enabling me to support myself
and my children, (if the applicant have mi
nor children. and not with any view to de-
fraud, delay, or hinder, any creditor or cred
itors of my husband and that cf the mon
eys so to be used, in said business not more
than five hundred dollars has oeme, either
directly or indirectly, from my husband.
So help me, God''
A certified copy of said order, with the
said oath indorsed thereon, shall be recorded
Al e IL L e.
where the business is to be carried on, in a
book to be kept for such purpose.
SEC 3 Section three of said act is here
by amended so as to read as follows:
Sec 8. After the order has been duly
made and recorded, as provided in the sec
ond section of this Act, the person therein
uamed shall be entitled to carry on such bu-
siness in her own name, and the property,
revenues, moneys and credits, so invested,
shall belong exclusively 70 such married
woman and shall not be liable for any debts
of her husband ; aud said married woman
shall be allowed all tie privileges, and be l.
able to all legal processes now or hereafter
provided by law against debtors and credit
.ors. and may sue. and be sued, alone, with
out being Joined with her husband. But
nothing contained in this Act shall be deem
ed to authorize married woman to carry on
business in her own name, when the same Is
managed or superintended by her husband
SEC. 5. Section FIVE Of said Act is hereby
reoealed.
SEC t. All persons now doing business
as sole traders, undee the law of which this
i, amendatory, shall have six months from
and after the first day of May, eighteen hun
dred and sixty two, in which to give the no
tee and take the proceedings required by
this Act and if not done within that time,
or if the application be denied by the Court,
the right to transact business as soils ira
der shall no longer exist ; prorided. how
ever. that all property rightfully acquired by
such sole trader, previous to that time, shall
be held by her as her separate property.