Page images

joi. Sec. 19. Every instrument required by any of the provisions of où" this chapter to be subscribed by any party, may be subscribed by

agent. the lawful agent of such party.


£o,; made SECTION 20. Every conveyance or assignment, in writing or other

oud crown 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 persons hindered, delayed, or defrauded, shall be void.

Assignment of Sec. 21. Every grant or assignment of any existing trust in land,

trusts to be in

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.

Deeds void Sec. 22. Every conveyance, charge, instrument, or proceeding

against creditors

j." declared to be void by the provisions of this act, as against creditors void against

heirs, etc. or purchasers, shall be equally void as against the heirs, successors, personal representatives, or assigns of such creditors or purchasers.

Fraudulent Sec. 23. The question of fraudulent intent in all cases arising

intent a question - - -

of fact. under the provisions of this act, shall be deemed a question of fact,

...” and not of law; nor shall any conveyance or charge be adjudged

alone. 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.

The terms SEC. 25. The term “lands,” as used in this act, shall be con

* ... 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, wested

and contingent, in lands, as above 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 construed to embrace every instrument in writing, except a last will loano" 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:

SECTION 1. Every person confined in jail on an execution issued * on a judgment rendered in a civil action, shall be discharged there-'o". from upon the conditions hereinafter specified. discharged.

Sec. 2. Such person shall cause a notice in writing to be given to Toyonotice of

application for

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 goosen 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 Plaintin. 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 ...” “ 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, plaintim may


Propose to the prisoner any interrogatories pertinent to the inquiry; .

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. ão. Sec. 6. If, upon the examination, the Judge shall be satisfied that oath. 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.” A...";" 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

i... 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.

ão. SEc. 9. The prisoner, after being so discharged, shall be for ever

exempted from arrest or imprisonment for the same debt, unless he shall be convicted of having wilfully sworn falsely upon his examination before the Judge, or in taking the oath before prescribed.

'..., 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 prisoner, in like manner as if he had never been committed.

o Sec. 11. The plaintiff in the action may at any time order the prisoner to be discharged, and he shall not thereafter be liable to imprisonment for the same cause of action.

Creditor of im- SEc. 12. Whenever a person is committed to jail on an execution

!..." 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 expended in the support of such prisoner, and the creditor should neglect 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.


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 You. 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 ...'." 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 ... 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, ..."." any white male citizen of the age of twenty-one years, and of good ** 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 *. 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 examina. person who has been admitted Attorney and Counsellor in the high- soon. 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 o

of the Court of which he is Clerk, which shall be a record of the Court.

Fo Sec. 8. If any person shall practice law in any Court, except a

license. Justice's or Recorder's Court, without having received a license as Attorney and Counsellor, he shall be deemed guilty of a contempt of 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 agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise. (1) 2d, To receive money claimed by his client in an action or proceeding, during the pendency thereof, or within one year after judgment, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

o: Sec. 10. The Attorney in an action or special proceeding, may be changed at any time before judgment or final determination, as fol. lows: 1st, Upon his own consent, filed with the Clerk, or entered upon the minutes: 2d, Upon the order of the Court, or Judge 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 former Attorney. ,

o SEC. 12. When an Attorney dies, or is removed, or suspended Or ceases to act as such, a party to an action for whom he was acting as Attorney shall, before any further proceedings be had against him, be required by the adverse party, by written notice, to appoint another Attorney, or to appear in person.

Xote. Sec. 18. An Attorney and Counsellor may be removed or sus:

food pended by the Supreme Court, and by no other Court in the State, for either of the following causes, arising after his admission to practice: 1st, Upon his being convicted of felony or misdemeanor, involving moral turpitude, in either of which cases the record of his conviction shall be conclusive evidence: 2d, For wilful disobedience or violation of the order of a Court, requiring him to do or forbear an act connected with or in the course of his profession.

(1) See Cal. Sup. Court Rep. Vol. 1, page 331. Held, that an Attorno has no lien upon a judgment recovered by him in favor of his client for a quo. meruit compensation for his services. The lien extends only to costs 8" by Statute.

« PreviousContinue »