Abbildungen der Seite
PDF
EPUB

amended.

Section 55.

Section 57.

Tenth, The issuing of the execution, when issued and to whom, the renewals thereof, if any, and when made, and a statement of any money paid to the Justice, and when and by whom; Eleventh, The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be

filed. Act of May 15 Sec. 8. An Act entitled an Act amendatory of and supplementary

to an Act'entitled An Act to Regulate Proceedings in Civil Cases in the Courts of Justice of this State, passed May 15th, 1854, is hereby amended, as hereinafter prescribed.

Sec. 9. Section fifty-five of said Act is hereby amended so as to Appeals to County Court.

read as follows. Section six hundred and twenty-five of said Act is hereby amended so as to read as follows : Section 625. When a party appeals to the County Court on questions of law alone, he shall, within ten days from the rendition of judgment, prepare a statement of the case and file the same with the Justice. The statement shall contain the grounds upon which the party intends to rely on the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more ; within ten days after he receives notice that the statement is filed, the adverse party, if dissatisfied with the same, nay file amendments ; the proposed statement and amendments shall be settled by the Justice, and if no amendments be filed, the original statement shall be adopted. The statement thus adopted or as settled by the Justic?, with a copy of the docket of the Justice, and all motions filed with him by the parties during the trial, and the notice of appeal shall be used on the hearing of the appeal before the County Court.

Sec. 10. Section fifty-seven of said Act is hereby amended so as Notice of appeal. to read as follows : Section six hundred and twenty-seven of said Act

is hereby amended so as to read as follows : Section 627. Upon receiving the notice of appeal and on payment of the fees of the Justice and filing an undertaking as required in the next section, the Justice shall within five days transmit to the Clerk of the County Court; if the appeal be on question of law alone, a certified copy of his docket, the statement as admitted or as settled, the notice of appeal and the undertaking filed ; or, if the appeal be on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices,

motions and other papers filed in the cause, the notice of appeal and Duty of Justicos. the undertaking filed, and the Justice may be compelled by the Coun

ty Court, by an order entered upon motion, to transmit such papers, and may be fined for neglect or refusal to transmit the same ; a certified copy of such order may be served on the Justice by the party or his attorney. In the County Court either party shall have the benefit of all legal objections made in the Justice's Court.

Sec. 11. Section fifty-eight of said Act is hereby amended so as Bonds on appeal. to read as follows : Section six hundred and twenty-eight of said Act

is hereby amended so as to read as follows : Section 628. An appeal from a Justice's Court shall not be effectual for any purpose, unless an undertaking be filed with two or more sureties in the sum of one hundred dollars for the payment of the costs on the appeal ; or if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money, or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property, and shall be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from and

Section 58,

sureties.

all costs, if the appeal be withdrawn or dismissed, or the amount of any judgments and all costs, that may be recovered against him in said action in the County Court; where the action is for the recovery

; of specific personal property, the undertaking shall be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal be withdrawn or dismissed, or any judgment and costs that may be recovered against him in said action in the County Court, and will obey any order made by the court therein. The undertaking shall be accompanied by the Afidavit of affidavit of the sureties that they are residents of the county, and are each worth the amount specified in the undertaking over and above all their just debts and liabilities, exclusive of property exempt from execution, or the bond shall be executed by a sufficient number of sureties, who can justify in the aggregate to an amount equal to double the amount specified in the bond; or a deposit of the amount of Deposit. the judgment including all costs appealed from, or of the value of the property, including all costs in actions for the recovery of specific personal property, with the Justice, and such deposit shall be equivalent to the filing of the undertaking in this Act mentioned, and in such cases the Justice shall transmit the money to the Clerk of the County Court, to be by him paid out upon the order of the court.

Sec. 12. Section sixty-three of said Act is hereby amended so as Section 63. to read as follows: Section 63. In actions respecting miners' claims Miners' clasma in a Justice's Court, the Justice shall have power upon application of the party out of possession of the claim or claims, after notice of one day to the adverse party, to appoint a Receiver of the proceeds Receiver. of the claim, pending the action. If the parties agree upon a person, be shall be appointed such Receiver. If the parties do not agree, the Justice shall appoint a Receiver, who shall take an oath, which shall His duties. be filed with the Justice, that he is not interested in the action between the parties, and that he will honestly keep an account of all gold dust or metals of any kind, the proceeds of the claim or claims in dispute. After the appointment of such Receiver, the Justice shall

To put in have power to issue a written order to any Sheriff or Constable to possession. put such Receiver into possession of such claim ; which order said Sheriff or Constable shall execute, and the Receiver shall remain in possession of the claim or claims, so long as said action may remain undetermined in any court. The court in which the action may be pending, shall have authority upon application of either party with two days' notice to the other, from time to time, to make such orders for the disposition of the proceeds of such claim or claims for the Proceeds of safety of the same, as may seem proper. The court in which the action may be pending shall also have power, upon application of the Receiver, based upon his affidavit, to punish as for contempt, all persons who have been guilty of disturbing the Receiver in the possession of the claim.

a

[merged small][ocr errors][merged small]

Amendatory of an Act entitled " An Act dividing the State into

Counties, and establishing the Seats of Justice therein,approved April 25th, 1851.

[Approved April 30, 1855.)

The people of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 30 amended.

Location of

Section 1. Section 30 of the Act entitled “ An Act dividing the State into Counties, and establishing the Seats of Justice therein,” ap

proved April 25th, 1851, is hereby amended so as to read as follows: Boundaries of County of Trinity. Beginning at the northeast corner of Humboldt

County, on the Trinity River, at the point where the boundary line between said County of Humboldt and the County of Klamath crosses said river; thence northeasterly up the principal ridge to the summit of the range of mountains dividing the waters of the

Trinity River from the waters of Salmon River; thence following the said summit in an easterly direction to the summit of the range that divides the waters of the Sacramento from the waters that flow westwardly through the Klamath into the Pacific; thence southerly following the summit of said range to its intersection with the fortieth degree of parallel of north latitude ; thence due west along said parallel of latitude to the eastern boundary

of Humboldt county; thence in a northerly direction along said eastern Seat of Justice. boundary to the place of beginning. The Seat of Justice shall be

Weaverville.

Sec. 2. Section 31 of said Act shall be so amended as to read as follows: Section 31. County of Klamath. Beginning at a point in the ocean three miles due west of the mouth of Mad River, and running thence due east along the northern boundary of Humboldt County to the western boundary of Trinity County; thence due north along said western boundary to the northwestern corner of Trinity County ; thence easterly along the northern boundary of Trinity County to the southwesterly boundary of Siskiyou County; thence in a northerly direction along said boundary of Siskiyou to the parallel of forty-two degrees of north latitude ; thence along said parallel to the Pacific Ocean, and three

miles therein; thence in a southerly direction parallel with the coast to Soat of Justice the place of beginning. The Seat of Justice shall be at such place

as may be chosen by the qualified electors of the county.

Section 31
amended.
Boundaries of
Klamath.

a

CHAPTER CLVII.

AN ACT

Supplementary to an Act entitled " An Act to Regulate Fees in

Office," passed March 30th, 1855.

(Approved April 30, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Sec. 1. The Act entitled “An Act to Regulate Fees in Office,” Clerk of passed on the 30th day of March, 1855, shall take effect as far as it Supreme Court. applies to the fees of the Clerk of the Supreme Court, on the first day of January, 1857, being the expiration of the term of the present incumbent.

CHAPTER CLVIII.

AN ACT

To provide for a Contingent Fund for the Arrest of Fugitives

from Justice.

(Approved April 30, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 1. _The sum of one thousand dollars is hereby set apart out Appropriation of the General Fund not otherwise appropriated, for the purpose of paying rewards offered by the Governor, for the arrest of fugitives from justice; and the Governor is hereby authorized to draw on the same at any time he

may deem proper, in payment of rewards as aforesaid.

CHAPTER CLIX.

AN ACT

To authorize certain Chinese Companies to sell and convey certain

Real Estate by their Superintendents.

(Approved April 30, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Right to sell.

Description.

SECTION 1. The Chinese companies in the State of California, known as the “ Sze Yap” Company, and the “Ning Yeung" Company, and the members of said companies shall have the right and are hereby authorized and empowered to sell and convey certain real estate, situated in the city of San Francisco, and bounded and described as follows, to wit. : Commencing at the southeast corner of Stockton and Sacramento streets in the said city of San Francisco, and running thence easterly along the south side of Sacramento street forty feet; thence southerly and parallel with Stockton street fifty-seven feet six inches; thence westerly and parallel with Sacramento street forty feet to Stockton street; and thence northerly along the east side of Stockton strcet fifty-seven feet six inches to the place of beginning, by and through the Trustees or Superintendents of said companies.

Sec. 2. The sale or conveyance of the real estate, in the first section of this Act mentioned and described, or any part thereof, by either of said companies, shall be by deed or deeds of conveyance made, executed and acknowledged by the Trustees or Superintendents of such company, in the name and for and in behalf of such company; and any deed or deeds so made, executed and acknowledged in pursuance of this Act, shall be valid and have like force and effect as if such deed or deeds had been made, executed and acknowledged by the several members of said company.

Deeds of conveyance,

Deeds valid.

« ZurückWeiter »