The Placer herald., 1863-05-23

The following is an important act passed by the
last Legislature of California, which explains
itself:
An act to exclude traitors and alien enemies from
Courts of justice in civil cases.
Section |. Whenever any civil suit shall be
pending in any court OF Record i'll this State. the
defendant, or one Of the several delcndunts or
his attorney, may, at any time after the com
mencement OF the action or the filing OF the com
plant therein, serve upon the plaintiff ii 4 natl-
raj person, or his attorney, a written notice, OBJ
jecting to the further prosecution OF said suit on
the ground Of the disloyalty OF the Plaintiff; and
thereupou all proceedings in said suit shall be
stayed until said Plaintiff shall take and sub
scribe, before some officer authorized o admins
lister oaths, and shall .orm in said cause an aida-
Wit in the following FORM to wit:
Il, here insert the name Of the paintilI) do
solemnly swear that will support the Constitu-
tion of the United States, and the Constitution of
California; that will bear true faith and alegi-
once to the Government OF the United States,
any ordinance, resolution or law of any State or
Territory, or Of any Convention or Legislature
thereof, to the contrary Notwithstanding; that
have not, since the there insert the date OF the
passage OF this AcU knowingly aided, encourag-
ed, countenanced or assisted, nor will hereafter
in any manner, aid, countenance or assist, the So
called Confederate States, or any of them. iu
their rebellion against the lawful Government of
the United States; and this | do without any
qualllicatlon or mental reservation whatever. 50
help me God"
And if the said Plaintiff shall fail to take and
file said oath within ten days after the giving OF
such notice, if q resident of the county, or with
IN lorty days, if resident OF the State and not
OF the county, or if not a resident OF the State,
then within such further reasonable time as the
court or the Judge thereof may determine, said
case shall thereupon be absolutely dismissed, and
no other suit shall ever be maintained by the
SAID Plaintiff, his grantees, or assigns, for the
same cause of action; provided that the time
may, Tor good cause shown be enlarged 10y the
court or the Judge thereof, and that the Cour
may relieve, against any forfeiture or default
arising from accident surprise, or eXcusablt
neglect; and provided that VIII re the plaintiff
sues 1s Il trustee, or to the use Of another, th
oa'n may be taken by the person for whose bene
NJ the Actlon is prosecuted; and further provided
that When the plaintiff is Il foreigner by birth
Mno mas never been naturaized, nor declared his
intention to become citizen of the United States
he may take and file the following oath:
Il, (lnserting his name) do solemnly swea
VIA .iS' Will not, at any time, or in any manner
u, encourage, countenance or assist the so-caleC
Gonieue!'te states or any of them in their rebel
Gu aS"ns, the lawful Government Of the Unitet
.f H''tes, ana that | will not while q resident q
the United States, knowingly commit or enrour
1ge any act tended to subvert the Constitution O
Government thereof. SO help me God.n
oec, Z. IL counter claim shall be set up. O
ra Gem nla'!er oe afflrmativry pleaded by the de
ienu'lt IN any suit, the plaintiff may, at an
.lme after the filing of the answer, give or caus
10 oe given to the defendant if natural person
or MS attorney, similar notice to the one provid
eu ior IN the preceding section obiectinp on lik
eroas TO the introduction of such counter CLAIM
g, alirmauve matter, and thereupon, if the de
iI. reuut.hs snail fail to make and file a like oath
Ml.hlh the respective times within the said sec
O4. rao4 anove limited such counter claims or nev
ma'Ier 1Ler shall be d-regarded by the Court. an,
ts tne cause snail proceed as if the same had no
oS o9en pleaded and no suit shall ever be maintain
oos;y ou oy 'ne said defendant, his guarantees o.
"ssSisns, Tor the same cause or matter.
+oS Sec' .. No attorney at law shall be permit
tu shu 10 practice in any court in this State until h
Gn S,'ail nave taken and filed in the Office of th
county Clerk of the county ia which the attor
ne ney snail reside an oath prescribed in this Act
seot;nn lU' every violation of the provisions of h
ered me attorney so offending sha II be consid
she shed guilty OF misdemeanor and on conviction
sn,il oe nhea Il! the sum of $1,000
sc D. This Act, so far as it relates to par
'es 70 an action, shall take effect Immediately
approved April rs, 1863