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No. 27. CH.CXCII, p. 152. An Act to amend an Act entitled "An Act to regulate Proceedings in Civil Cases,” passed April 29, 1851. (Approved April 15, 1858.) Law regulating Attachments. Sec. 120. 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, in the following cases : First. Where the debtor is not a resident of this State. Second. Where the debtor has absconded or absented himself from his usual place of abode, or is about to abscond or absent himself, so that the ordinary process of law cannot be served upon him. Third. Where the debtor conceals himself, so that the ordinary process of law cannot be served upon him. Fourth. Where the debtor has removed, or is about to remove, any of his property or effects out of the State, to the injury of his creditors, or with the intent to hinder, delay, or defraud them. Fifth. Where the debtor has fraudulently conveyed, assigned, or otherwise disposed of, or is about to fradulently convey, assign, or otherwise dispose of his property or effects with the intent to hinder, delay, or defraud his creditors. Sixth. Where the debtor has fraudulently concealed, or is about to fraudulently conceal his property or effects, with the intent to hinder, delay, or defraud his creditors. Seventh. Where the debtor fraudulently contracted the debt, or incurred the obligation respecting which the suit is brought. Sec. 121. The Clerk of the Court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, showing: First. That the defendant is indebted to the plaintiff in a certain sum, (specifying the amount of such indebtedness) over and above all legal set-offs or counter-claims, upon a contract express or implied, for the direct payment of money,

and that such contract was made, or is payable, in this state, and that the payment of the same has not been secured by any mortgage on real or personal property. Second. That the deponent has good reason to believe, and does believe, that one or more of the causes set forth in the several subdivisions of the next preceding section actually exists at the time of making the affidavit, reciting the facts upon which such belief is founded. Sec. 122. Before issuing the writ, the Clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, nor exceeding the amount claimed by tho plaintiff, with sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment should be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damage which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking. Sec. 138. In all cases where property or effects shall be attached, the defendant, or any creditor of the defendant interested, may file a plea in the nature of a plea in abatement, under oath, putting in issue the truth of the facts alleged in the affidavit on which the attachment was sued out. Sec. 139. Upon such issue, the plaintiff shall be held to prove that the facts alleged by him in said affidavit as the grounds of the attachment, existed at the time of the issuance of the writ of attachment. Sec. 140. If the issue be found against the plaintiff, the attachment shall be dismissed at the cost of the plaintiff, and his sureties shall thereupon be liable upon the boud for all damages sustained by the defendant, in consequence of the issuing of the attachment. Sec. 551. In an action upon a contract, express or implied, made after the passage of this Act, for the direct payment of money, which contract is made or payable in this State, and is not secured by mortgage upon real or personal property, the plaintiff, at the time of issuing the summons, or at any time afterward, 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 in all the cases specified in Section 120 of this Act., Sec. 552. A writ to attach the property of the defendant shall be issued by the Justice, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in Section 121 of this Act. Sec. 553. Before issuing the writ, the Justice shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, to the effect that, if the defendant recover judgment, or if the attachment be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment. The provisions of this Act shall apply only to contracts made and entered into after the 1st day of July, 1858; all contracts made and entered into prior to the 1st day of July, 1858, or now in existence, payable after the 1st day of July, 1858, may be prosecuted and enforced under the Act to which this is amendatory.

No. 28. CH. CXCIII, p. 155. An Act supplemental to An Act to Regulate Rodeos,passed April 30, 1851. (Approved April 15, 1858.) Whenever the owner, agent of the owner, or parties in possession of any cattle or stock shall desire to remove such cattle or stock from the range upon which they have been running for the space of one week or more, to another farm or range, thirty miles or more distant, they shall be required to give three days' notice to the neighbors having cattle or stock, before such removal, in order that said neighbors may get their cattle out; and shall be further required to give a general rodeo for that purpose. Any person failing or refusing to comply with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum not less than fifty dollars nor more than five hundred dollars, and shall be liable to any party aggrieved, in damages. All fines colletced under the provisions of this Act, shall be applied to the fund for the support and maintenance of the indigent sick, in the counties in which such fines may be collected.

No. 29. CH. CXCVII, p. 159. An Act the better to enable the Collection of Judgments in favor of the State. (Approved April 14, 1858.) The Attorney-General of the State or some other person, to be designated by him, may purchase for the use and benefit of the people of the State, any property sold for the satisfaction of any judgment in favor of the State, and he is also hereby authorized to execute the necessary papers to perfect said sale and transfer thereof. The Attorney-General of the State, with the advice and consent of the Board of Examiners, may redeem any property, upon which the State holds a claim, that may have been sold under any previous judgment, lien, etc. The Attorney-General is hereby authorized to take such steps as he may deem necessary for the prosecution and collection of any judgments referred to in this Act.

No. 30. CH. CCV, p. 164. An Act fixing the Times at which Representatives in Congress shall be Elected. (Approved April 15, 1858.) At the general election, in the year one thousand eight hundred and fifty-nine, and at the general election in each second year thereafter, there shall be elected such number of Representatives to the Congress of the United States as the State of California may be entitled to.

No. 31. CH. CCVIII, p. 165. An Act amendatory of, and supplementary to, an Act entitled An Act to regulate Elections,” passed March 20, 1850. (Approved April 15, 1858.) Any person who shall vote more than once at any one election, or knowingly hand in two or more tickets folded together, or change any ballot, after the same shall have been deposited in the ballot-box; or shall add, or attempt to add, any ballot or ballots to those legally polled at any clection, either by fraudulently introducing the same into the ballot-box, before or after the ballots therein shall have been lawfully counted; or shall add to, or mix with, or attempt to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or shall carry away or destroy, or attempt to carry away or destroy, any poll-list, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election; or shall in any other manner so interfere with the officers holding such election, or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned in the State Prison, for a term not less than one year nor more than five years. If any Inspector, Judge, or Board of Judges, or Clerk of any election, shall aid in changing or destroying any poll-list, or placing any ballots in the ballot-box, or taking any therefrom, or shall add, or attempt to add, any ballot or ballots to those legally polled at such election, either by fraudulently introducing the game into the ballot-box before or after the ballots therein shall have been lawfully counted, or shall add to, or mix with, or attempt to add to or mix with the ballots lawfully polled, any other ballot or ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allow another to do so, when in their power to prevent it, or shall carry away or destroy, or knowingly allow another to carry away or destroy, any poll-list, ballot-box, or ballots lawfully polled, shall be deemed guilty of a felony; and, on conviction, shall be imprisoned in the State Prison for a term of not less than one year, nor more than five years.

No. 32. CA. CCX, p. 171. An Act to Legalize and amend the County Records in the Onunties of this state. (Approved April 15, 1858.) In any county of this State, where it shall appear to the Board of Supervisors that the records heretofore made are defective, by reason of defaced, mutilated, or imperfect indexing, it shall be the duty of the Clerk, or Recorder, upon the order of the Board of Supervisors, to have the same corrected, by making new indexes in place of such as are so defaced, mutilated, or imperfect; such new indexes shall contain all the names of the graptors and grantees, mortgagers and mort, gagees, in every instrument recorded, and to which such indexes refer; provided, that the original indexes shall be carefully preserved in the office of the Clerk or Recorder, for reference; provided, that the provisions of this Act shall not apply to the counties of Sacramento, Nevada, Sierra and Placer. The fees for the services herein imposed shall be the same as allowed by law for like services in other cases, and be paid as other county debts.

No. 33. CH. CCXV, p. 176. An Act supplementary to, and amendatory of, “An Act to provide Revenue for the Support of the Government of this State," passed April 29, 1857. (Approved April 17, 1858.) All moneys on account of licenses for the sale of goods, wares and merchandise, of the classes specified in the ninth class and tenth class, in section ten of the Act entitled “An Act to provide Revenue for the support of the Government of this State,” passed May 15, 1854, and all moneys received on account of licenses for the sale of liquors and wines, specified in the eleventh section of the Act aforesaid, and which licenses for goods, wares and merchandise, and for liquors and wines, are referred to in section three and four of an amendatory Act, passed April 27, 1855, shall be paid into the country treasury for county purposes.

No. 34. Ca. CCXX, p. 181. An Act supplementary to an Act of A 30, 1855, concerning the Escape of Convicts from the State Prison. (Approved April 20, 1858.) There shall be an additional section concerning the escape of convicts from the State Prison, which shall read as follows: Sec. 3. The District Attorney of the county where such trial has been had, shall make out a statement of the costs incurred by the county for the trial of all such cases, properly certified to, by the County Judge of said county, which statement shall be sent on to the Board of State Examiners for their approval, and after such approval, the Controller of State is hereby authorized and required to draw his warrant for the same, in favor of said county.

No. 35. CH. CCXXXI, p. 192. An Act to abolish Public Executions. (Approved April 21, 1858.) That whenever, hereafter, any person shall be condemned to suffer death for any crime of which such person shall have been convicted, the said punishment shall be inflicted on such person within the walls or yard of the jail, or some convenient private place in the county in which such person shall have been convicted; and it shall be the duty of the Sheriff of said county to attend and be present at such execution, to which he shall invite the presence of a physician, the District Attorney of said county, and twelve respectable citizens, unless, in his discretion, a larger number be necessary, who shall be selected by the Sheriff, and the said Sheriff shall, at the request of the criminal, permit such mipisters of the gospel, not exceeding two, as such person may name, and any of such person's relatives or friends, not to exceed five, to attend and be present at such execution, together with such officers of the prison, and such of the Sheriff's deputies, as the said Sheriff may think expedient, to witness said execution; provided, that no person under lawful age shall be permitted, on any account, to witness said execution.

No. 36. Ch. CCXXXII, p. 193. An Act to Prohibit the Collection of Accounts for Liquors sold at Retail. (Approved April 21, 1858.) The purchase of, or the sale and delivery of any spirituous or malt liquors, wines or cider, by retail, or by the drink, is hereby declared to be an invalid consideration for any promise to pay, or assumpsit of account therefor, when such account or demand exceeds five dollars. No court shall, in any action at law, render judgment for a greater amount than five dollars, for the sale, at retail, or by the drink, of any spirituous or malt liquors, wines or cider, together with costs. Nothing in this Act shall be so construed as to affect, in any manner, debts contracted prior to said first of June, 1858.

No. 37. Ch. CCXXXV, p. 198. An Act to provide for the Sate and Reclamation of the Swamp and Overflowed Lands of this state. (Approved April 21, 1858.) The swamp and overflowed lands of this state, or that which may hereafter be granted to this State by Congress, may be sold at the rate of one dollar per acre, in manner prescribed by this Act, and the proceeds of the sales thereof shall be paid into the State Treasury, and be credited to a swamp land fund, to be appropriated for the reclamation of said lands, except such lands as shall be found to belong to the State by right of her sovereignty; and the moneys arising therefrom shall be paid into the treasury, as other State revenues. Any person who may be entitled, by the laws of this State, to become a citizen thereof, wishing to purchase land under the provisions of this Act, shall file an affidavit in the Surveyorgar office of the county in which the land sought to be purchased, or the larger portion thereof, is situated, that he has not entered any other land under the provisions of this Act, or under the provisions of an Act passed April 28, 1855, entitled "An Act to provide for the Sale of the Swamp and Overflowed Lands belonging to this State,” which, with the land sought to be purchased, shall exceed three hundred and twenty acres, and that he does not know of any legal or equitable claim, other than his own, to the land sought to be purchased; that such purchase is sought for the purpose of settlement and reclamation by affiant; and that he has not, directly nor indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title he may acquire from the Government of the State should inure, in whole or in part, to the benefit of any person except himself. He shall then cause the land sought to be purchased to be surveyed; or, in case of a previous legal survey, shall cause the said survey to be approved and certified by the County Surveyor of the county in which such land, or the larger portion thereof, is situated. The purchaser of land, under the provisions of this Act, shall pay to the County Treasurer of the county wherein said land is located, one dollar per acre, to be paid within thirty days after the record of the approval of the survey by the Surveyor General of the State. No person shall become the purchaser of more than three hundredand twenty acres, to be selected in accordance with the conditions set forth in this Act. All conflicting claims shall be decided by the Register of the Land Office, who shall issue the certificate accordingly. The Governor of the State, upon presentation of the certificate, and after the whole amount of purchase-money shall have been paid, shall issue a patent for land sold, under the provisions of this Act, provided the same shall have been confirmed to this State. All persons holding a settler's claim to any of the swamp lands of the State, are required to comply with the provisions of the Act within twelve months from the date of its passage. All moneys received for sale of swamp lands shall be credited to the swamp land fund. The swamp and overflowed lands situated within the city and county of San Francisco, and within five miles of San Diego and Oakland, or within the limits of the town or village of Washington, Yolo County, or of any incorporated city or town in this State, are exempted from the provisions of this Act; no salt marsh land shall be subject to be located under the provisions of this Act, for a period of six months from and after its passage, except by parties owning or occupying the adjoining arable lands; provided, that the foregoing proviso shall not apply to the counties of Napa, Solano, Yolo, Contra Costa and San Joaquin.

No. 38. Ch. CCXLII. p. 204. An Act to suppress Injurious Publications. (Approved April 21, 1858.) Every person who shall knowingly advertise, print, publish, distribute or circulate, or knowingly cause to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement, or reference, containing words or language, giving or conveying any notice, hint or reference, to any person, or to the name of any person, real or fictitious, from whom, or to any place, house, shop, or office where any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means, whatever, or any advice, direction, information or knowledge, may

be obtained, for the purpose of causing or procuring the miscarriage or premature delivery of any woman pregnant with child, shall be punished by imprisonment in the State Prison, for a term not less than three years, nor more than ten years.

No. 39. Ch. CCXLV, p. 206. An Act to amend an Act entitled “An Act concerning Crimes and Punishments,” passed April 16, 1850. (Approved April 21, 1858.) Sec. 58. Every person who shall, in the night time, forcibly break and enter, or without force, enter (the doors or window being open) any house, room, apartinent, or tenement, or any tent, vessel, or water craft, with intent to commit grand or petit larceny or any felony, shall be deemed to be guilty of burglary, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, npr more than ten years.

No. 40. Ch. CCLVII, p. 212. An Act to Create a Board of Examiners, to define their Powers and Duties, and to impose certain Duties upon the Controller and Treasurer. (Approved April 21, 1858.) The Governor, Secretary of State, and the Attorney-General, are hereby appointed and constituted a Board of Examiners, whose duty it shall be, as often as it may be deemed proper, to examine the books of the Treasurer and Controller, the accounts and vouchers in their respective offices, and to count, at least once a month, the money in the treasury. A statement of the amount contained therein, shall be filed in the office of the Secretary of State, and a copy thereof published. All claims or demands against the State, except the salaries of officers, for which appropriations have been made by law, must have the approval of the Board before the Controller shall issue his warrant therefor. The payment, by the Treasurer of State, of any warrants illegally issued or about to be issued by the Controller, shall be prohibited by the Board, and the Treasurer is hereby prohibited from paying the sanie. Any violation of this Act shall be deemed a felony, and upon conviction thereof, punished by fine and imprisonment. All claims for which no appropriations have been made by law, must be presented to the Board, and if said claims be approved, the Board shall transmit the same, with their approval, to the Legislature of the State. Any person may appeal from the decisions of the Board to the Legislature of the State, and no demand or claim shall be entertained by the Legislature, unless recommended by the Board or upon appeal therefrom. No claims shall be entertained by the Board which have been rejected by them or by the Legislature unless valid reasons therefor shall be presented. That for the services herein specified, the Governor shall receive one thousand dollars per annum; the Secretary of State, one thousand dollars per annum; Attorney-General, fifteen hundred dollars per annum; and the Clerk, to be appointed by the Board, shall receive twelve hundred dollars per annum.

No. 41. CH. CCLXI, p. 217. An Act amendatory of, and supplementary to, an Act entitled An Act to regulate Proceedings in Criminal Cises,” passed May 1, 1851. (Approved April 22, 1858.) Sec. 481. The party aggrieved in a criminal action, whether that party be the people or the defendant, may appeal as follows: First. To the County Court, from a final judgment of a Justice's, Recorder's or Mayor's Court, or of the Police Judge's Court, in the city and county of San Francisco. Second. To the Supreme Court, from a final judgment of the District Court or Court of Sessions, in all criminal cases amounting to felony; also, from an order of the District Court or Court of Sessions, granting or refusing a new trial, or which affects a substantial right in a criminal case amounting to felony. Sec. 482. The appeal to the Supreme Court can be taken on questions of law alone. The appeal to the County Court can be taken on both questions of law and fact. The appeal to the County Court from the judgment of a Justice's, Recorder's, Mayor's, or Police Judge's Court, shall be heard upon a statement of the case settled by the Justice, Police Judge, Recorder, or Mayor, embodying the evidence and such rulings of the Court as aro excepted to. Upon the appeal to the County Court, if a new trial be granted, such new trial shall be had in the County Court. If the judgment be affirmed, a copy of the judgment of affirmance shall be sent to the Court below, upon the receipt of which, the Court below shall proceed to enforce its sentence. All appeals from a Justice's, Mayor's, Recorder's, or Police Judge's Court, remaining undetermined, and now pending in any Court of Sessions shall be transferred to the County Court of the proper county, and be heard and determined by said County Court, in like manner as if the appeal were originally taken to the County Court under the

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