accounts between parties, that one of the parties is entitled to credit of a certain sum on his account with the other, is not final and decisive as to the matter submitted, and is not therefore valid. 37 Cal. 197. SEC. 13. An award of arbitrators is not admissible in evidence unless it is final and conclusive upon the matter submitted. 37 Cal. 197. SEC. 14. The following is a form of agreement of general -or special-submission to arbitration: Agreement of General—or Special—Submission to Arbitration. We, the undersigned, mutually agree to submit, and do hereby submit, all our matters in difference, of every name or nature [or, if it be a special matter of difference to be submitted, omit the words "of every name or nature," and use the words "in relation to," and particularly describe the subject matter submitted] to the award and decision of and ..... .... for them to hear and determine the same, and make their award, in writing, on or before the .... day of 18.. .... SEC. 15. When parties agree to submit their differences to arbitration they may-and it is safest so to do-obligate each other to abide and perform the award of the arbitrators, by executing and delivering, each to the other, a bond which may be substantially as follows: administrators or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seale dated the .... day of...., A.D. 18.. ..... The condition of the above obligation is such, that if the above bounden his heirs, executors and administrators, shall and do, in all things well and truly abide by, keep and perform, the award and final determination of and arbitrators, as well on the part and behalf of the above bounden of ......... as of the above-named concerning all matters of difference of every name or nature [or, the specific matter, which should be here repeated] submitted to said arbitrators, by the agreement in writing entered into by the above bounden and the said ...., dated the .... day of...., A.D. 18. ., when the said award shall be made, in writing, under the hands of the said arbitrators, or any two of them, and ready to be delivered to the above bounden and to the said or to such one of them as shall desire the same, on or before the A.D. 18.., then this obligation to be void or else to remain ...-9 day of in full force. ..... Sealed and delivered in presence of [L.S.] [L.S.] SEC. 16. The following is a form of notice to arbitrators of their appointment: To Notice to Arbitrators of their Appointment. and ...... ..... esquires: You are hereby notified that you have been nominated and chosen arbitrators, as well on the part and behalf of the undersigned .... of .... as of ........, of also undersigned, to arbitrate, award, etc. [specifying the time within which, as stated in the submission or bond, the award must be made]; and you are requested to meet the said parties at the office of .........., in the town of on the ...... day of A.D. 18.., at the hour of .. o'clock, A.M. of that day, for the purpose of fixing upon a time and place when and where the allegations and proofs of the said parties shall be heard. Dated the ...... day of ......, A.D. 18 ... Yours, etc., ..... SEC. 17. The following is a form of notice of hearing in an arbitration: Notice of Hearing in an Arbitration. In the matter of the arbitration of and concerning certain matters [or, "a Sir: You will please take notice that the arbitrators have appointed a hearing in the matter above specified to be had before them, at the [describe the place] on the .... day of A.D. 18 .., [give the hour of the day]. Dated the day of SEC. 18. The following is a form of notice of revocation of powers of arbitrators by both parties: Notice of Revocation of Powers of Arbitration by both Parties. То ...... and ......? esquires. Take notice, that we do hereby revoke your powers as arbitrators, under the submission made to you by us, in writing, and [if it be by an order of court] entered as an order of the district court, on the ..... day SEC. 19. The following is a form of notice of revocation by one party of the powers of arbitrators (the submission not having been entered as an order of court): To... Notice of Revocation by one Party, etc. You are hereby notified that I have this day revoked the powers of and .... arbitrators, chosen to settle the matters in controversy between us, and that the following is a copy of such revocation [insert the revocation made by one of the parties only]. SEC. 20. The following is a form of arbitrator's oath: Arbitrator's Oath. You do solemnly swear, faithfully and fairly to hear and examine the mat ter in controversy between ......... ..... of the one part, and .... .. of the other part, and to make a just award, according to the best of your under standing. EXAMINATION OF DEFENDANT AND FORM OF UNDERTAKING ON 60-68 SUCH DISCHARGE. 79 FOR BEING IMPROPERLY OR IRREGULARLY ISSUED.116-119 HIS DEBTOR OR BAILEE.... 80-83 SUITS AGAINST PLAINTIFF IN FORM OF ORDER OF EXAMINATION ATTACHMENT. 120 CLAIMS BY THIRD PERSONS. .103-104 .105-107 35 FORM OF INDEMNITY BOND.... 108 TER LEVY.. 109 SUCH DIS CHARGE .110-114 115 SECTION 1. The remedy by attachment is not a distinct proceeding in the nature of an action in rem, but is an adjunct or a proceeding auxiliary to the action at law, designed for the purpose of securing the property of the debtor to answer the judgment which may be obtained. This is apparent from the language of the practice act. It is the creature of the statute. 2 Cal. 24; 3 Cal. 365. SEC. 2. So also is the remedy of garnishment. These remedies cannot be extended to cases not named in the act. 3 Cal. 365. SEC. 3. As the proceeding of attachment is of statutory origin and unknown to the common law, all the provisions of the act must be strictly complied with. It is a harsh remedy at best, and a party who seeks to enforce it against another should be held to a strict accountability and compliance with the law. 7 Cal. 565. SEC. 4. Our statute has prescribed who may issue an attachment and take the proper bond, and under what circumstances. This must be respected. The court cannot change the law; it can only administer it. Every officer is presumed to know his duty; if he does not and transcends his powers, the responsibility rests with him. 2 Cal. 255. SEC. 5. The act of issuing an attachment is merely ministerial, and there is no intendment in favor of the regularity of the process. 7 Cal. 562. In what Actions Attachment may Issue. SEC. 6. In an action upon a contract, express or implied, made after the twenty-eighth day of April, 1860, 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, 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 recovered, unless the defendant give security to pay such judgment as hereinafter provided. Gen. Laws, 5482. SEC. 7. The process of attachment is a remedy only given in cases of indebtedness arising upon contract (2 Cal. 24), and upon those contracts for the direct payment of money which are made in or are payable in this state. The right of attachment does not exist, except where the contract is made within this state, or if made without it, then accompanied by a stipulation between the parties to it that the money is to be paid here. A subsequent promise to pay here cannot affect the question in any manner when the suit is brought upon the original contract. Thus, a debt due for merchandise sold in Boston, to residents of San Francisco, and forwarded to the latter, they |