Year: 1859

The bill was the samt in principle as the
bill introduced by Mr.. Griffith last session
changing the Attachment Law; providing
for q pro rata distribution of the assets of the
debtor amongst the creditors when an attach
ment had issued The bill being reported by
the Judiciary Committee with recommen.
dation that it be indefinitely postponed


Question upon the indefnit postponement
of the bill.


Mr.. GRFFITH--I have TO desire to consume
the time Of the Senate in discussing this bill
particularly. | simply wish to call the at
tention of the Senate to a few reasons why
the bill should pass, in lieu of that offered
by the Senator from Mariposa, which is also
made the special order for to day. In the
first place, would remark that last winter
Governor Weller, in special message trans
mitted to the Legislature, recommended the
passage of a bill similar in its provisions to
the one introduced this session, and now
before the Senate When he signed the bill
last Winter repeating the old Attachment
Law, in his message to the Senate stating that
he had approved the BILL he said t at were
the session not SO nearly at its close he should
have hesitated in his approval of the bill, as
he was satisfied that the proper course was
to adopt a bill similar in its provisions to
this bill; aud in his annual message this year
the Governor has again called the attention
of the Legislature to this amendment of the
Attachment Law. | believe that the time
has passed when the people of the State of
California, or any considerable number Of
them at least, desire the former harsh and
stringent law for the collection of debts
believe that the old Attachment Law, now
proposed to be revived by :he bill introduced
by the Senator from Maraposa, partakes too
much of the old features Of imprisonment for
debt harsh forced collection of debts-to
harmonic with the feelings and wishes Of the
people of this State. The old law places the
property of the debtor and the debtor him
self at the eLtire mercy of any one of his
creditors, and not only places the debtor at
the mercy Of any one of his creditors but al
SO places every other creditor at the mercy
of the first one that desires, for the enforce.
ment of his debt, to pounce upon the proper
ty of his debtor The whole effect of the
law is to encourage persecution, and to aid
in the ruin of men who unfortunately have
contracted debts If this bill is indefinitely
postponed and the bill proposed by the Sen
ator from Mariposa is substituted in its place
and becomes a law, man that is worth $20-
900 of property, upon which he owes $4,000
may be made bankrupt by one of his
creditors; his property is attached, his busi
ness destroyed; he cannot realize the value
of his property; it is sold at sacrifice his
credit is gone, his business destroyed, and he
himself bankrupt For what purpose &?
Not to benefit all his credtors not to secure
to each one an equitable portion of their de-
mands, but solely for the purpose of running
the debtor and injuring every other creditor
who is not the first to pounce upon and de.
stroy the debtor. That is the result 1t says
that the creditor who first issues the itach-
ment shall receive the whole, and none other.
Now, sir. conceive that the true object Of
an Attachment Law isto guard against fraud;
the true object of an attachment law is to en-
able a creditor, when he finds that his debtor
is endeavoring to defraud him of that which
| is justly his due, to enable him to come in
and prevent that fraud, not for his own ben
eht alone, but to prevent fraud being per
petrated upon any one of the creditors


What are the provisions of this law ? 1t pro
vides that any person holding demand, up
on contract express or implied for the di
rect payment of money, which payment i:
made payable in this State and not secured
by mortgage upon real or personal property
shall be enti led to an attachment upon the
property of his debtor; that when the at
tachment issues every other creditor may
come in and file their demands; they are al
adiudicated upon ut the same time, the prop
erty Of the debtor is sold, and the proceeds
divided pro rata amongst all his creditors. Il
is fair, Just, hone nest-honest not only to the
debtor himself, but honest to every one o
the creditors. 1t is bill that will protect ev
cry creditor, and at the same time does moi
hold out an inducement, like the old law, fol
| fha 70 ba g = d,
debtor. No creditor will come in and attacl
except he is we'll aware that it is necessary
for him to DO so, in order to prevent the
debtor from committing fraud. Under this
bill it is the interest of every creditor to aid
sustain and support the debtor, to protect
to encourage him and to extend to him ev
cry possible facility in the transaction of his
business in order that he may by these mean:
be enabled, eventually. from the proceeds oi
his business to pay the debts he has contrac
ted That, believe, is the manner in which
an Attachment Law should be framed If il
is the intention of the Legislature to repeal
the present law upon the subject hold that
we should, when we enact the law, provide
that every creditor shall be entitled to pro
rata proportion of his debt, and that the
whole property of the debtor should not be
given to one creditor alone There is anoth.
er thing-for hold that we may properly
dscnss both bills, since if this bill is indefi-
nitely postponed, the next question will be
the passage of the other-under the law pro-
posed by the Senator from Mariposa every
merchant in the State of California, every
business man in the State of California will
be placed entirely at the mercy Of the mer
chants Of San Francisco They can attach
| the property, break up the business, ruin the
credit of almost every business man in the
State, under re-enactment of the old law.
| Under the old law the business men in every
portion of the State were made subservieut to
the merchants of San Francisco Well, the
merchants of San Francisco do not desire
such law; they do not wish to lie compel
! led at all times to be watchful over their Gus
toners, not for fear they will defraud them.
but for fear that some other creditor will
come in, attach their property and destroy
their business, and the moment that there is
any apprehension felt, that in self defense
they are compelled to inhict the blow that
will forever destroy the credit Of the man,
and which but for this law they would sus.
tain and support. | hope the Senate will
think long, deliberatively, wisely, before they


indefinitely postpone this bill and enact the
law proposed by the Senator from Mariposa.
HEAVY SNows-The past winter has been,
take it altogether, the most severe and stor-
my one ever yet known to our Oldest inhab-
itants. In the winter of 80, on one occas
| ion. the snow is reDarted to have been deep-