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Subscription may be by the party or his agent.
Sec. 19. Every instrument required by any of the provisions of this chapter to be subscribed by any party, may be subscribed by the lawful agent of such party.
trusts to be in
Deeds void against creditors or purchasers void against
Deeds, etc., made
Section 20. Every conveyance or assignment, in writing or otherto delay or defraud creditors wise, of any estate or interest in lands, or in goods (1) in action, or of
any rents or profits issuing therefrom, and every charge upon lands, goods, or things in action, or upon the rents and profits thereof, made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and every bond or other evidence of debt given, suits commenced, decree or judgment suffered, with the like intent as against the per
sons hindered, delayed, or defrauded, shall be void. Assignments of Sec. 21. Every grant or assignment of any existing trust in land, writing and goods, or things in action, unless the same shall be in writing, signed by the assignor. subscribed by the person making the same, or by his agent lawfully
authorized, shall be void.
Sec. 22. Every conveyance, charge, instrument, or proceeding,
declared to be void by the provisions of this act, as against creditors heirs, etc. or purchasers, shall be equally void as against the heirs, successors,
personal representatives, or assigns of such creditors or purchasers.
Sec. 23. The question of fraudulent intent in all cases arising intent a question
under the provisions of this act, shall be deemed a question of fact, Want of valuable and not of law; nor shall any conveyance or charge be adjudged
fraudulent as against creditors or purchasers, solely on the ground
that it was not founded on a valuable consideration. Effect of act on SEC. 24. The provisions of this act shall not be construed in any title of purchaser for value. manner to affect or impair the title of a purchaser for a valuable
consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Sec. 25. The term “lands,” as used in this act, shall be con", estate and in-strued as co-extensive in meaning with lands, tenements, and heredit
aments, and the terms “estate and interest in lands," shall be construed to embrace every estate and interest, present and future, vested and contingent, in lands, as above defined.
terest in lands" defined.
(1) The word "goods” is in the enrolled copy, but" things " or
“ choses” was evidently intended.
Sec. 26. The term “conveyance," as used in this act, shall be the term
“conveyance" construed to embrace every instrument in writing, except a last will defined. and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.
AN ACT for the relief of persons imprisoned on Civil Process.
[Passed April 22, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
county of San
SECTION 1. Every person confined in jail on an execution issued Persons
imprisoned in on a judgment rendered in a civil action, shall be discharged there- civil suits to be
discharged. from upon
the conditions hereinafter specified. Sec. 2. Such person shall cause a notice in writing to be given to To give notice of the plaintiff, his agent or attorney, that at a certain time and place discharge. he will apply to the Judge of the District Court of the county in which his person may be confined ; or, in case of his absence or inability to act, to the Judge of the County Court of the county in which such person may be imprisoned, for the purpose of obtaining a discharge from his imprisonment. In the county of San Francisco, Application in the application may be made to a Judge of the Superior Court of Francisco. the city of San Francisco.
Sec. 3. Such notice shall be served upon the plaintiff, his agent or attorney, one day at least before the hearing of the application, in plaintiff. cases where the plaintiff, his agent or attorney, lives within twenty miles of the place of hearing; and one day shall be added for every additional twenty miles that such person may reside from the place of hearing
Sec. 4. At the time and place specified in the notice, such person Examination as shall be taken before such Judge, who shall examine him under oath
applicant. concerning his estate, and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, and such Judge shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.
Sec. 5. The plaintiff in the action may, upon such examination, Plaintiff may propose to the prisoner any interrogatories pertinent to the inquiry ; applicant
Notice-whon to be served on
to property of
After taking oath order for discharge may issue.
refused may be renewed.
and they shall, if required by him, be proposed and answered in
writing; and the answer shall be signed and sworn to by the prisoner. Applicant before
Sec. 6. If, upon the examination, the Judge shall be satisfied that discharge to take
the prisoner is entitled to his discharge, such Judge shall administer to him the following oath, to wit: “I do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to defraud
my creditors : so help me God." Sec. 7. After administering the oath, the Judge shall issue an order that the prisoner be discharged from custody, if he be imprisoned for no other cause ; and the officer, upon the service of such order, shall discharge the prisoner forthwith, if he be imprisoned for
no other cause. Application
Sec. 8. If such Judge should not discharge the prisoner, he may apply for his discharge at the end of every succeeding ten days, in the same manner as above provided, and the same proceedings shall thereupon be had.
Sec. 9. The prisoner, after being so discharged, shall be for ever discharge.
exempted from arrest or imprisonment for the same debt, unless he shall be convicted of having wilfully sworn falsely upon his exami
nation before the Judge, or in taking the oath before prescribed. Judgment to
Sec. 10. The judgment against any prisoner who is discharged as against property. aforesaid, shall remain in full force against any estate, which may
then or at any time afterwards belong to him, and the plaintiff may take out a new execution against the goods and estate of the prison
er, in like manner as if he had never been committed. Plaintiff may give Sec. 11. The plaintiff in the action may at any time order the discharge.
prisoner to be discharged, and he shall not thereafter be liable to imprisonment for the same cause of action.
Sec. 12. Whenever a person is committed to jail on an execution prisoned debtor
issued on a judgment recovered in a civil action, the creditor, his agent or attorney, shall advance to the jailer, within twenty-four hours after such commitment, sufficient money to pay for the support of said prisoner during the time for which he may be imprisoned, and in case the money should not be so advanced, or if, during the time the prisoner may be in confinement, the money should be espended in the support of such prisoner, and the creditor should neg. lect for twenty-four hours to advance such further sum as might be necessary for his support, the jailer shall forthwith discharge such prisoner from custody; and such discharge shall have the same effect as a discharge by order of the creditor.
remain in force
Creditor of im
to advance money for his support.
AN ACT concerning Attorneys and Counsellors at Law.—[Passed
February 19, 1851.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
SECTION 1. Any white male citizen of the age of twenty-one years, of who may be good moral character, and who possesses the necessary qualifications Attorney, etc. of learning and ability, shall be entitled to admission as Attorney and Counsellor in all the Courts of this state.
Sec. 2. Every applicant for admission as Attorney and Counsellor What is required shall produce satisfactory testimonials of good moral character, and admission undergo a strict examination, in open Court, as to his qualifications, by one of the Judges of the Supreme Court of this state.
Sec. 3. If upon examination he be found duly qualified, the Court Certificates of shall admit him as Attorney and Counsellor in all the Courts of this state, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the Clerk of the Court, which certificate shall be his license.
Sec. 4. The District and County Courts of this state are author- District and ized to admit as Attorney and Counsellor in their respective Courts, may admit any white male citizen of the age of twenty-one years, and of good Attorneys, etc. moral character, who possesses the requisite qualifications, on similar testimonials and like examinations as are required by the preceding sections for admission by the Supreme Court, and may direct their clerks to give a certificate of such admission, which certificate shall be his license to practice in such Courts. Sec. 5. Every person, on his admission, shall take an oath or Oath on
admission. affirmation to support the constitution of the United States and of the state, and to discharge the duties of Attorney and Counsellor to the best of his knowledge and ability. A certificate of such oath or affirmation shall be endorsed on the license.
Sec. 6. The examination may be dispensed with, in the case of a When examinaperson who has been admitted Attorney and Counsellor in the high- dispensed with. est Courts of a sister state ; his affidavit of such admission, or his license showing the same, shall be deemed sufficient to entitle him to admission.
Sec. 7. Each Clerk shall keep a roll of Attorneys and Counsellors Roll of Attorneys,
of the Court of which he is Clerk, which shall be a record of the
Justice’s or Recorder's Court, without having received a license as
Court, and punished as in other cases of contempt.
Sec. 9. An Attorney and Counsellor shall have authority: 1st, To
bind his client in any of the steps of an action or proceeding, by his
changed at any time before judgment or final determination, as fol.
thereof, on the application of the client.
Sec. 11. When an Attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new Attorney, or of the appearance of the party in person, shall be given to the adverse party; until then he shall be bound to recognize the
ceases to act as such, a party to an action for whom he was acting as
Sec. 13. An Attorney and Counsellor may be removed or sus-
for either of the following causes, arising after his admission to
(1) See Cal. Sup. Court Rep. Vol. 1, page 331. Held, that an Attorney has no lien upon a judgment recovered by him in favor of his client for a quantum meruit compensation for his services. The lien extends only to costs given by statute.