Year: 1859

The object Of an Attachment Law is to So


,ure the creditor. while Il does no injustice
TO the debtor. h is to compel debtor to


comply with bis promise 10 pay money-io
force him. in all justice. to comply with a
contract which he has entered into OF his
own free will.


When A engages TO let B have two hun
dred dollars In money, provided be will pay
it back TO him in two months, with interest,
il is nothing more than right that B should
pay the money at the time specified and il
right, it is nothing more than justice that
law should empower to collect the amount
if b has property from which the money can
be made.


The law which does not bind the property
of ID to pays his debt TO A, is unjust aud i'm
perfect.


The present attachment law virtually a.
mounts TO nothing. In repeating the old at
tatchment law aud substituting the one now
on the statute books the legislature abroga.
ted these kiad orlaws altogether. Tie ope-
ration of the present law is such ihni any


man, who is % disposed. can avoid paying
bis debts entirely. and leave his creditor noi
only to lose his debt. hut To pny ,hc costs oi
attempting TO get what j. his own.


As the statute now stands The debtor il
warned & frequently tempted TO make fraud
ulent conveyance Of his property. What is
the use OF suing 4 debtor for money vhen
it depends upou his honor whether he will
pay il or not. No man has right 10 engage
10 pay money unless h. has the means by
which be can surely comply with his ohIiga-
ton; and, when he tails to comply. his prop
eriy should be bound by law to pay his debts
in the order Of their prosecution; because the
mau who is most watchful OF his business
should be rewarded for his sagacity by hav-
ing his debt liquidated first of all


The execution should alway. be sufficient
ly stayed to allow the debtor time to settle
il possible; but after a reasonable time. sale
should take place. and in the meanwhile the
property be held by law, to secure the cred
itor. The old law was we'll adapted to CAL
iiornia, and it. or something similar, should
be restored TO the statute book. or attach
mpnt laws done away with in toto. Men
are running away from the mountain min
ing towns continually, in debt, Lnd their
pockets full of money, yet there is no re-
course, and the coniiding creditor mus; suf-
fer. while the knave. under the protection of
the law. goes unmoiested.


Some OF the papers talk of the passage Of
u law Of such nature that as soon as one
creditor shol attach the property Of debtor
all other creditors can do the same. with the
right OF having the effects OF the debtor divi-
ded among them equally. With such law
would have no assurance OF getting
anything If they did attach the property of
the debtor. as il would be impossible. in the
first place. TO know how many creditors the
debtor might have. and then the enormity Of
the costs would absorb any moderate amount
Of property, as it would have to be admins
tered upon as If the person were dead.


There is no virtue in half way ground
The property must be promptly bound, by
law for the benefit Of the creditor. or there
ia. in effect, no attachment law at all. Bet
ter have no law for the collection OF money,
but let all obligations be those of honor, than
such an attachment law as we now have.