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WATER-CRAFT, found adrift, etc............. 628
143 606 WATER LOTS, act to provide for disposi-
lish a standard of
WILLS, proof of..............
before legislature, how compelled,
..... 534 2782
WRECKS, act concerning
WARRANTS, of controller............
commissioners to regulate, etc ........ 726
YOLO COUNTY, boundaries..
E RR AT A.
Page 29, sec. 17, line 1, read who before may.
Page 297, art. 1616, sec. 350, last line, read also before
Page 315, art. 1767, insert at end of the article, desig-
nating his name and the place
where his office is kept.
Page 318, art. 1794, line 2, read had for held.
Page 320, art. 1817, line 4, insert not before less.
Page 346, art. 1971, line 3, read failings for failures.
nance for ordinances. Page 364, art. 2054, line 2, read bond for board.
stead of a before sum. Page 370, art. 2073, sec. 15, line 4, read are after afore-
said instead of or.
Page 384, art. 2187, last line, read houses for house.
instead of by.
Page 406, art. 2292, last line, read rejected for neglected.
able after likely.
Page 575, art. 2925, line 2, after vessel read into instead
subscribers to the capital stock
of any contemplated railroad.
Page 603, art. 2982, sec. 32, next to last line, read do-
nate for denote.
Page 619, art. 3017, line 7, read on instead of or after
Page 620, art. 3019, line 8, read county before court-
Page 620, art. 3019, line 12, read was after quantity.
Page 638, art. 3085, sec. 113, line 5, read certified for | Page 673, art. 3220, line 2, before Carquines, insert certificate.
straits of. Page 638, art. 3086. line 1, read any instead of the be- Page 676, line 2 from top of page, after congress read fore county.
three instead of two. Page 643, art. 3102, line 8, read of state after secretaries. Page 691, art. 3306, line 1, read be after shall. Page 651, art. 3141, line 2, after years insert which shall Page 694, art. 3319, no. 10, line 1, read of instead of or not exceed four dollars per
after court-house. annum, and a property tax. Page 701, art. 3359, line 2, read on after observation. Page 664, no. 41, for two thousand read fire hundred. Page 711, art. 3410, last line, read pretert for pretense.
Act April 16, 1856, in. Page 718, art. 3457, line 17, insert before warrants, carPage 665, add, no. 20, of the county of Tulare, two hun
rant or. dred and fifty dollars. Act Page 718, art. 3458, line 4, read evidenced for erinced. April 16, 1866, in.
Pago 724, art. 3492, line 9, read required for acquired.
Notes of Decisions of the Supreme Court of the State,
CONSTRUING THE SAME.
SAN FRANCISCO :
127 and 129 Sansomo Street.
STATE OF CALIFORNIA,
DEPARTMENT OF STATE.
This is to certify, that the laws contained in the “SUPPLEMENT” to “Woon's DIGEST OF THE LAWS OF CALIFORNIA," are true and literal copies of the originals on file in this office.
ACTION, CIVIL-LIMITATION OF.
ARTICLE 1. Action on open account to be commenced within 2. Action against revenue officer, within six months. two years.
Act of April 18, 1859. ARTICLE 1, Sec. 1. An action on an open account, for goods, wares ånd merchandise, sold and delivered, and for any article charged in store account, shall be commenced within two years after the cause of action shall have accrued ; provided, that the provisions of this section shall only apply to causes of action arising after the passage of this act.
Art. 2, Sec. 2. An action against any officer, or de facto officer, engaged in the collection of taxes, can only be commenced within six months : 1. For money paid to any such officer, under protest, or seized by such officer in his official capacity as a collector of taxes, and which, it is claimed, ought to be refunded. 2. To recover any goods, wares, merchandise, or other property, seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property, so seized, or for damages for the seizure, detention, sale of, or injury to, any goods, wares, merchandise, or other personal property, seized as aforesaid, or for damages done to any person or property in making any such seizure, or for damages for any act, or the consequences of any act, done by any such officer in his official capacity, as aforesaid.
JUDICIAL DECISIONS. 1. WHERE plaintiff gave his note, payable four months after date, in consideration that, on its payment, defendant execute a deed of land, it seems, that, after a lapse of four years from the maturity of the note, an action for specific performance is barred by the statute of limitations. Pearis v. Covillaud, 6 Cal. 617.
2. Where a mining claim has been abandoned, the statute of limitations, allowing three years within which to bring an action for recovory of personal property, does not apply. The abandonment determines the right of the party from the day of the act. Davis v. Butler, 6 Cal. 510.
3. The statute of limitations can only begin to run against a claim for contribution between joint makers of a note, after the debt has been paid. Sherwood v. Dunbar, 6 Cal. 53.
4. If a statute or section is re-enacted, the old statute or section is dead. Billings o. Harvey, 6 Cal. 383. Statutes of limitation do not act retrospectively. Nelson v. Nelson, 6 Cal. 430.
5. A chancery suit in 1852, to set aside a sale of land made in 1835, on the ground of fraud, is barred by the Mexican statute of limitations of ten years prescription. Dominguez v. Dominguez, 7 Cal. 424.
*6. The statute of limitations does not run against a party kept in ignorance of his rights by the laches of his agent. Kane v. Cook, 8 Cal. 449.
7. Statutes of limitations are intended to prevent the production of stale claims; they proceed upon the presumption of settlement, after a fixed period, and are not designed to protect a party who, by fraudulent concealment, delays the assertion of a right. Id.
8. In an action for cancellation of a contract on the ground of fraud, if the plaintiff allege the fraud to have been committed more than three years before the commencement of his action, without alleging that its discovery was within that time, his complaint is demurrable, and the uction barred. Sublette v. Tinney, 9 Cal. 123.
9. A part payment of a debt, made before the time limited has expired, will not take the case out of the statute. Fairbanks r. Dawson, 9 Cal. 90.
10. A note or contract in writing, although it may have been destroyed, is still not barred by the statute until after four years. Bagley v. Eaton, 10 Cal. 126.
11. 'l he statute of 1855 can only be construed to apply to judgments not in esse at the time of its passage, or as giving two years from its passage to sue upon such as were not already barred by the act of 1850. Scarborough v. Dugan, 10 Cal. 305.