Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-24
rmArrAcH1rENr tAW.

class of laws which give the cf.u
tyrannical power and place the 80 49,
totally at his mercy. We have seen 'ns
operation of such laws. and have seen men
Of small mean. utterly ruined thereby
when no necessity existed LOT sa'n eN
,rene measures. We expressed 'he hope
.S., ,ns Legislature would endeavor to
ma law that would strike reasonable
nsan between those antasonistic extremes
~s;.h are demanded by the unrelent.
mo creditor. on the one hand. and the
fraudulent or negligent debtor on the
other. By the Senate Bill No. l02 as
given in the Union this morning, we per-
ceive that that Bill provides for one OF
those oppressive laws which are entirely
incompatible with the safe transaction Of
any business ueon credit basis. In
every instance where money is due from
one person to another, except where the
same is secured by mortgage or other lien,
the creditor may without moments
warning pounce down with an ''attach-
men,," close the debtors place of bust
ness, and give the signal for grand
scramble in which before the debtor could
walk to the bank with creditor No. to
pay off his demand, his property is covered
with other attachments to the full amount
of his indebtedness, and which he is COM
PEELED to liquidate instanter or his bust
ness is at an end. Our Office may be
seized at the moment of going to press at
the malicious suit of any printer who may
swear that we owe him five dollars, or of
the individual of whom, half an hour be-
fore, we may have bought pair OF boots
on credit, without having taken the pre-
caution to mortgage our property. or de-
post our watch as security. 1t is thus
with almost every department of business.
1t is next to impossible to transact bust
ness of any kind, without being in debt
to some person, in some amount. at some
hour of the day. Under the species of
Attachment Law provided in this bill,
every business man must live in constant
terror, and totally at the mercy and for
bearance of every man to whom he may
be indebted dollar. The following is
the bill: ... .....
An Act to amend an Act entitled can Act
to regulate proceedings in Civil Cases in
the Courts of Justice Of the Territory OF
Nevada" Approved, November 2sth,
| 1851
The PEOPLE of the STATE of Nerada, repre-
se,ted in Senate aud assembly, do enact as
foLLotes: ,
SECTION |. Section one hundred and
twenty Of said Act is amended 50 rs to read
as follows: Section l20-the plaintiff, at
the time Of issuing the summons, or at any
time afterwards, may have the property Of
the defendant attached, as security for the
satisfaction of any Judgment that may be re-
covered, unless the defendant give security
to pay such Judgment as hereinafter provided,
in the following cases:
First-In an action upon contract for the
direct payment Of money, which contract is
made or is payable in this State, and is not
secured BY mortgage, lien or pledge upon
real or personal property; or If so secured,
that such security has been rendered nuga-
tory by the act OF the defendant.
Second-In an action upon contract
aSains. defendant not residing in this
State.
SEC. 2. Section one hundred and twenty
one is amended so as to read as follows !:
Section l2l-the Clerk Of the Court shall is
sue 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 (speeifying the amount Of such
Indebtedness over and above all legal set-otfs
or counter claims) upon a contract for the
direct payment Of money, and that such con-
tract was made or is payable in this State,
and that the payment Of the same has not
been secured by any mortgage, lien or pledge
upon real or personal property.
Second-That the defendant is indebted to
the plaintiff (speciiying the amount Of such
Indebtedness, as near as may be, over and
above all legal set-ofs or counter claims),
and that the defendant is a nonresident Of
this State.
Third-That the sum for which the at
tachment Is asked is an actual bona fde ex-
isting debt, due and owing from the defend
ant to plaintiff, and that the attachment is
not sought and the action is not prosecuted
to hinder, delay or defraLd any creditor or
creditors Of the defendant.
\ SEC. 3. Section one hundred and thirty
eight Of said Act is amended so rs to read as
follows: Section l3S. The defendant may
also, at any time, apply on motion, upon
reasonable notice to the plaintiff, TO the Court
in which the action is brought, or to the
Judge thereof, that the attachment be dis
charged on the ground that the writ was i'm
properly issued.
SEC. 4. Section one hundred and thirty
| nine of said Act is amended so IS to read as
follows: Section l39. II the motion be made
upon affidavit on the part Of the defendant
(but not otherwise), the plaintiff may oppose
the same by affidavits or other evidence in
addition to those on which the order Of at
tachment was made
t. SEC. 5. Section one hundred and forty Of
said Act is amended so as to read as follows:
Section l4o. II, upon such application, it
shall satisfactorily appear that the writ of at
tachment was improperly issued, it shall be
discharged.
SEC. 6. Section four hundred and ninety
three Of said Act is amended so as to read as
follows: Section 495. A writ to attach the
property Of the defendant shall be issued BY
the Justice. on receiving an affidavit by or on
behalf Of the plaintiff, showing the same
facts as are required q. be shown by the aifi-
davit specified in Section one hundred and
tweuty-one Of this Act.
SEC. 7. This Act shall take effect imme-
diately.
Commenting upon this bill the Union
makes the following sarcastic observa-
lions, in which we most fully concur: