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of the defendants reside in the State, or, if residing in this State, the county in which they so reside be unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and, if any defendant or defendants may be about to depart from the State, such action may be tried in any county where either of the parties may reside or service be had; subject, however, to the power of the Court to change the place of the trial, as provided in this Act.

No. 10. CH. CVI, p. 83. An Act to amend "An Act concerning the Courts of Justice of this State and Judicial Officers,” passed May 19, 1853. (Approved March 25, 1858.) Sec. 25. The District Judge shall, at all reasonable times, when not engaged in holding Courts, transact such business at their chambers as may be done out of Court at chambers; they may try and determine writs of mandamus, certiorari and quo warranto; hear and dispose of all motions and applications for new trials, and all orders and writs which are usually granted in the first instance upon an ex parte application, and may, in their discretion, also hear applications to discharge such orders and writs.

No. 11. CA. CXII, p. 90. An Act to amend An Act concerning Forcible Entries and Unlawful Detainers,” passed April 22, 1850. (Approved March 26, 1858.) Sec. 16. If either party shall feel aggrieved by the verdict of the jury or decision of the Justice, he may appeal within ten days, as in other cases tried before Justices of the Peace; and he shall give bond, with two or more sufficient sureties, to be approved by said Justice, conditioned to pay all costs of such appeal, and abide the order the Court may make therein, and pay all rent and other damages justly accruing during the pendency of such appeal; and, upon the filing of the notice of appeal and the affidavit of the appellant that the appeal is taken in good faith, and that he intends to perfect said appeal, the Justice shall grant a stay of the writ of restitution for not exceeding two days, for the purpose of allowing the appellant an opportunity to file his appeal bond, and for no other.

No. 12. CH. CXX, p. 95. An Act to give to the Proceedings of Courts of Probate the same effect as Courts of General Jurisdiction. (Approved March 27, 1858.) That the proceedings of the Courts of Probate, within the jurisdiction conferred on them by the laws, shall be construed in the same manner, and with like intendments, as the proceedings of Courts of general jurisdiction; and that the records, orders, judgments and decrees of the said Probate Courts shall have accorded to them like force and effect and legal presumptions, as the records, orders, judgments and decrees of the District Courts.

No. 13. CH. CXXI, p. 95. An Act for the relief of Purchasers at Sales of Real Estate by Public Officers. (Approved March 27, 1858.) Where lands have been or may hereafter be sold by a Sheriff, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale is dead or absent from the State, or in any wise disqualified, it shall or may be lawful for the successor of the said Sheriff or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making such sale; and the said deed shall be as valid and binding to convey the property, or to be used as evidence, as though the same had been executed by the officer making the sale.

No. 14. CH. CXXIII, p. 97. An Act to amend Section twelve of An Act to provide for the Incorporation of Towns,” passed April 19, 1856. (Approved March 27, 1858.) The manner of making assessments and collecting town revenue shall be prescribed by ordi

Real estate sold for taxes shall be sold to the person offering to pay the taxes and costs on the same, and who will take the real estate sold therefor for the shortest period of time; and deeds made therefor shall be as effectual as if made by the Sheriff, under execution, to convey the property for the time specified in the deed.

No. 15. CH. CXXV, p. 98. An Act conferring certain Powers upon Guardians of Insane Persons. (Approved March 27, 1858.) Authorizes the guardian of any insane person, who shall have any rejected olaim for lands, under a Spanish grant, to employ counsel to prosecute such claim, and, for the purposes of meeting the expenses thereof, the said guardjan shall have the right to convey, with the approval of the District Judge of the district in which the land is situated, such portion of the land claimed as may be necessary. Any

nance.

contract for the employment of counsel and sales of land, as provided for in this Act, shall be first approved by the Judge aforesaid.

No. 16. CH. CXXIX, p. 100. An Act concerning Official Bonds of Justices of the Peace and Constables of the Counties of the State. (Approved March 29, 1858.) The amount of the official bonds of Justices of the Peace and Constables shall be fixed by the Board of Supervisors of the several counties of the State.

No. 17. CH. CXXXIV, p. 102. An Act amendatory of the Act entitled “An Act authorizing the Treasurer of State to issue Bonds for the payment of Expenses incurred in the Suppression of Indian Hostilities in certain Counties in this State," passed April 25, 1857. (Approved March 30,1858.) The Treasurer, Controller and Quartermaster-General of the State are hereby constituted a Board of Examiners, and are authorized and required to examine and audit accounts for claims and services rendered and supplies furnished for the expeditions against the Indians, and for depredations committed by them, as follows, viz: In the county of Siskiyou, from 1850 to 1856, inclusive, $209,000; Humboldt, Klamath and Del Norte, since 1850, $120,000; Tulare, in 1856, $10,000; Sutter, in 1850, $5,000; in San Bernardino, from 1852 to 1856, $1,000; in Nevada, in 1850 and 1851, $15,000; in Los Angeles, from 1850 to 1856, $19,000; in Yuba, since 1850, $15,000; in Shasta, since 1852, $5,000; in Napa and Yolo, in 1850 and 1851, $11,000. The State Treasurer to issne suitable bonds therefor, for such sums as the Board of Examiners shall have audited and allowed, to be signed the Treasurer, countersigned by the Controller, and indorsed by the Governor.

No.18. CA. CXXXVIII, p. 105. An Act to amend An Act to regulate the Settlement of the Estates of Deceased Persons,” passed May 1, 1851. (Approved March 30, 1858.) Any executor or administrator may, at any time, by writing, filed in the Probate Court, resign his appointment, having first settled his accounts and delivered up all the estate to such person as the Court shall appoint; provided, if, by reason of any delays in such settlement and delivering up of the estate, or for any other cause, the circumstances of the estate, or the rights of those interested in the estate shall, in the opinion of the Court, require it, the Court may, at any time before such settlement of accounts and delivering up of the estate shall have been completed, revoke the powers or the letters testamentary or of administration of such executor or administrator, and appoint, in his stead, an administrator, either special or general, as the case may require, and in the same manner as is directed in relation to original letters of administration. The liability of the outgoing executor or administrator, or of the sureties on his bond, shall not be in any manner discharged, released or affected by such appointment of a special or general administrator in his stead.

No. 19. CH. CXLII, p. 108. An Act to amend an Act entitled An Act afixing the Age of Majority of Males and Females,passed May 10, 1854. (Approved April 2, 1858.) Males shall be deemed of full and legal age when they shall be twenty-one years old, and females when they shall be eighteen years old, or at any age under eighteen, when, with the consent of the parent, guardian, or other person under whose care or government they may be, they shall have been lawfully married.

No. 20. CH. CXLVII, p. 112. An Act to Legalize certain Statements in the form of Affidavits made before the County Recorders of this State. (Approved April 3, 1858.) All statements heretofore made by citizens of the United States, under provisions of the Act “Prescribing the mode of Maintaining and Defending Possessory Actions on Public Lands in this State," passed April 20, 1852, which have been sworn to before any County Recorder or Deputy, prior to the passage of this Act, shall have the same force and effect as if the oath had been administered by a competent officer. County Recorders are hereby authorized and empowered to take affidavits similar to those referred to in this Act.

No. 21. CH. CLX, p. 120. An Act to authorize the Boards of Supervisors of the several Counties of this State to grant the right to construct Wharves on the Overflowed Lands of this State. (Approved April 8, 1858.) Citizens of this State are hereby authorized to build wharves of certain dimensions on the overflowed or submerged lands of this State. A plan of the wharf and the location of the land, with the name of the bay, creek, etc., upon which the wharf is to be built, shall be deposited with the County Recorder, and a certified copy thereof accompanied by a petition, praying for a grant for a term of years, not exceeding

twenty-five, shall be presented to the Board of Supervisors of the county in which the location is made, who may, if they believe the public good requires the erection of the wharf, grant the right prayed for, which shall be carried into effect within one year from the date thereof. The rates of toll or wharfage shall be regulated by the Board of Supervisors. The lands from Hunter's to Fort Point, San Francisco, or within the limits of any incorporated city, are exempt from the provisions of this Act.

No. 22. CH. CLXXI, p. 124. An Act to provide for the better Observance of the Sabbath.* (Approved April 10, 1858.) No person or persons shall, on the Christian Sabbath, or Sunday, keep open any store, warehouse, mechanic shop, workshop, banking house, manufacturing establishment, or other business house, for business purposes; and no person or persons, shall sell, or expose for sale, any goods, wares, or merchandise, on the Christian Sabbath, or Sunday; and every person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the

a sum of fifty dollars, together with the costs of the prosecution, and be imprisoned until the said fine shall be satisfied. These provisions shall not affect the business of hotel-keepers, inn-keepers, tavern-keepers, keepers of restaurants, boarding-house-keepers, keepers of livery stables; or the retail business of druggists, or dealers in medicines; or the sale of fresh meats, fish, or milk; or to the sale or disposal of any article or thing, or to any act or thing done in cases of necessity, or charity, on such Sabbath or Sunday; nor shall the provisions of this Act apply to such manufacturing, or other business establishment, as necessarily requires to be kept in continual operation to accomplish the business thereof; nor the provisions of the “Act to prohibit Barbarous and Noisy Amusements on the Christain Sabbath,” passed March 16, 1855; provided, that any person who shall sell, or expose for sale, milk, fish, or fresh meat, after ten o'clock, A. M., shall be liable to all the penalties of this Act.

No. 23. CH. CLXXVI, p. 127. An Act creating a State Land Office for the State of California. (Approved April 10, 1858.) That for the purpose of ascertaining, protecting, and managing, the title and claim of the State to any lands within its limits, derived by grants from the United States, or in any other manner, an office shall be established at the seat of Government, which shall be known and designated as the “State Land Office for the State of California.” The Surveyor-General of the State shall be ex officio said Register, whose duty it shall be to obtain and preserve all information connected with the public lands donated to this State by Congress; to record all surveys and sales thereof, and to adopt such measures as may be necessary to protect the State's interest therein. Copies of all surveys or locations on land belonging to the State to be forwarded to the Register within ten days after the survey or location thereof, by the Surveyor making the same, who shall receive a fee of ten dollars for each survey made by him. The price fixed by law for said land, to be paid to the County Treasurer of the county wherein said land is located, who shall pay over the same to the State Treasurer at the same time and in the same manner as other State revenues. If default be made in making any payment for land sold, it shall revert to the State, and all previous payments be forfeited. The State Treasurer shall certify, monthly, to the State Controller, an account of the funds received and disbursed by him in accordance with the provisions of this Act. Patents for all lands sold to issue after the final payment therefor, provided the same shall have been confirmed by the General Government. The said Register shall have a salary of five hundred dollars per annum, payable monthly, and be entitled to appoint one clerk. The Register shall be entitled to a fee of fifteen cents, per folio, for all copies of papers furnished by him, to be paid by the party applying; and, for the certificate of purchase, with seal of office attached, he shall be entitled to receive from the purchaser three dollars for each certificate or patent, issued. When there are conflicting claims to any lands of the State, the Register may administer oaths, and shall, upon proper notice to the parties, and upon hearing testimony and statements, under oath, decide to whom the certificate shall be issued, in accordance with the law upon the subject, and shall issue the certificate accordingly.

* This Act has been declared unconstitutional by the Supreme Court of the State, April, 1858. Judge Field dissenting therefrom.

No. 24. CH. CLXXXI, p. 133. An Act amendatory of, and supplementary to, an Act entitled An Act to provide for the formation of Corporations for certain Purposes," passed April 14, 1853; and an Act to amend “ An Act to provide for the formation of Corporations," Etc., passed April 30, 1855. (Approved April 10, 1858.) Corporations for manufacturing, mining, mechanical, wharfing and dockage, chemical or agricultural purposes, or for the purpose of engaging in any species of trade or commerce, foreign or domestic, may be formed according to the provisions of this Act; such corporations and members thereof, being subject to all the conditions and liabilities herein imposed, and to none others; provided, that nothing in this section shall be so construed as to authorize a company formed under it to own or hold possession of more than fourteen hundred and forty acres of land, or to authorize an individual member of such company or association, in his corporate capacity, to hold, own or possess, a number of acres to exceed eighty; and, provided further, that no corporation formed under the provisions of the said Act of April 14, 1853, except those formed for agricultural purposes, shall own or hold possession of more real estate than shall be actually necessary for the prosecution of the business for which it was incorporated; and, provided further, that no corporations, formed for agricultural purposes, shall be allowed to hold any mineral lands under the provisions of this Act; provided, that no contract, valid in law, or right sacred in equity, shall be impaired by the retroactive force of this section.

No. 25. CH. CLXXXII, p. 134. An Act to provide for binding Minors as Apprentices, Clerks and Servants. (Approved April 10, 1858.) Every minor, male or female, with the consent of the persons or officers, hereinafter mentioned, may, of his or her own free will, bind himself or herself in writing, to serve as clerk, apprentice, or servant, in any profession, trade or employment; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or for any shorter time; and such binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement. Such consent shall be given: First, by the father of the infant. If he be dead or be not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a Justice of the Peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture, then : Second, by the mother. If the mother be dead, or be not in a legal capacit to give such consent or refusal, then: This the guard of such infant, duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then: Fourth, by the Supervisors of the county, or any two Justices of the Peace, or the Judge of the Probate Court of the county. Such consent shall be signified, in writing, by the person entitled to give the same by certificate at the end of or indorsed upon the indentures, and not otherwise. The executors of any last will of a parent, who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk, or apprentice, in like manner as the father might have done if living. The Supervisors of the county may bind out any child under the age above specified, who is or shall become chargeable to such county, to be clerks, apprentices, or servants, until they shall be of the ages above specified; which binding shall be as effectual as if such child had bound himself with the consent of his father. In every town or city, the presiding officer of the first council or legislative board thereof, if there be more than one, or any public officer or officers, appointed to provide for the poor, may, in like manner, bind out any child who, or whose parents are, or shall become, chargeable to any such town or city. The age of every infant, so bound, shall be inserted in the indentures, and shall be taken to be the true age without further proof thereof, and whenever any public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. The indentures shall set forth the amount agreed upon, and an agreement that said apprentice shall be instructed to read and write and taught the general rules of arithmetic, or be sent to school three months in each year of the period of indenture. Any white person capable of becoming a citizen of this State, coming from any other country, or State, or Territory, may bind him

or herself to service, if a minor, until his or her majority, or for any shorter term. Such contract, if made for the purpose of raising money to pay his or her passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age, but it shall in no case be for a longer term. No contract made under the last section shall bind the servant, unless duly acknowledged by the person making such contract, before some public magistrate or other officer authorized to administer oaths, and such acknowledgment certifying that the same was made freely on a private examination, be indorsed upon the contract. Nothing in this Act shall concern, or in any manner affect or relate to Indians; and every person having one-half or more of Indian blood shall be deemed an Indian, within the provisions of this Act. Such indentures of apprenticeship, may be annulled and declared void by any District Court, or a Judge thereof, or by a County Court, or a Judge of such court, in the county where the master, or person to whom such apprentice is bound, shall reside, upon satisfactory proof of either of the following causes: First. Fraud in the contract of indentures. Second. When such contract is not made or executed in accordance with the provisions of this Act. Third. For willful non-fulfillment by such master, of the provisions of such indenture. Fourth. Cruelty, or mal-treatment of such apprentice, by the master, without just cause or provocation; and in such case, an account may be taken and adjusted by such Court or Judge, for any services rendered by tha apprentice for the master, under the articles of such indenture; and, in case such indenture shall be annulled, judgment may be given for such sum as may be found equitably due the apprentice, on account of any services so performed by him for such master. Any person held to service under the provisions of this Act, and unlawfully departing and absenting himself or herself therefrom, upon the application of the master or mistress of such person, under oath, in writing, to the County Judge of the county, that such person has absented himself or herself without permission, the Judge may issue a writ reciting the substance of the affidavit, and commanding that such person be brought before him for examination, and may order the person held to service to the care and custody of the person legally entitled thereto. If such person persist in refusing to return, or returning, immediately absent himself or herself without leave, such Judge may order such person held to service, to be confined in the county jail, station house, or house of refuge, for such time as he may deem proper, not to exceed one month, or at the instance of the master or mistress, may annul the indentures. Any person who shall aid, assist, or encourage any person to run away, or harbor or conceal any person held to labor, knowing the same to be absent without leave of the master or mistress, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one hundred dollars.

No. 26. CH. CLXXXIV, p. 138. An Act amendatory of an Act entitled An Act to establish a Standard of Weights and Measures,” passed March 30, 1850; and to amend an Act entitled " An Act to amend an Act entitled An Act to establish a Standard of Weights and Measures,” passed April 30, 1853. (Approved April 12, 1858.) Sec. 14. The Secretary of State shall be ex officio State Sealer of Weights and Measures; and he is hereby required to appoint a sufficient number of Deputy or County Sealers, who shall perform the duties required under existing laws regulating Weights and Measures, who shall hold office for the term of two years.—(Act of 1853.) It shall be the duty of the Deputy Sealers to procure a standard of weights and measures of the United States, which shall be examined and certified to by the Secretary of State. All persons using any weights, measures, or beams, by which any commodity or article of trade or traffic is weighed or measured, shall have the same certified to by the Deputy or County Sealer, at least once in each year. And any person hereafter using any such weights, measures, or beams, not conformable to the standard of the county in which such weights, measures, or beams are used; or without having such weights, measures, or beams, first certified to as aforesaid, shall be liable to a criminal prosecution therefor, and upon conviction, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars for each offense. The Deputy, or County Sealers, shall have power to inspect, at any time in the day time, all such weights, and measures, or beams, at or in the places they are so used.

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