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CERTIFICAТЕ.

STATE OF CALIFORNIA,
DEPARTMENT OF STATE. S

THIS is to certify, that the laws contained in the "SUPPLEMENT" to "WOOD's DIGEST OF THE LAWS OF CALIFORNIA," are true and literal copies of the originals on file in this office.

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SUPPLEMENT.

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ARTICLE

ACTION, CIVIL-LIMITATION OF.

1. Action on open account to be commenced within
two years.

ARTICLE

2. Action against revenue officer, within six months.

Act of April 18, 1859.

ARTICLE 1, Sec. 1. An action on an open account, for goods, wares and 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: I. 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.

Pearis v. Covilland, 6 Cal. 617. 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.

2. Where a mining claim has been abandoned, the statute of limitations, allowing three years within which Davis v. Butler, 6 Cal. 510. to bring an action for recovery of personal property, does not apply. The abandonment determines the right of the party from the day of the act.

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, & Cal. 53.

4. If a statute or section is re-enacted, the old statute or section is dead. Billings v. 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 action barred. Sublette v. Tinney, 9 Cal. 423.

9. A part payment of a debt, made before the time limited has expired, will not take the case out of the Fairbanks r. Dawson, 9 Cal. 90. statute.

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. The 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.

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ACTS-WHEN TO TAKE EFFECT, CONSTRUCTION, ETC.

GIP Act of February 7, 1860.

ARTICLE 3, Sec. 1. No general law shall take effect until the expiration of sixty days after the passage of the same, unless otherwise provided in such law

JUDICIAL DECISIONS.

1. In the construction of a statute, the intention of the legislature must govern, and this must be ascertained, not from a particular section, but from the whole statute. Smith e. Randall, 6 Cal. 47.

2. Remedial statutes must be construed liberally, and where the meaning is doubtful, it must be so construed as to extend the remedy. White v. Steamtug, 6 Cal. 462,

3. Where an act provides for an election a day prior to the time when the act takes effect, the election is a nullity. People v. Johnson, 6 Cal. 673.

4. In construing statutes, general words are controlled by special exceptions. Lucas, Turner & Co. v. Payne et al., 7 Cal. 92.

5. Where a new right is created by statute, the remedy is confined to the statute. Ward v. Severance, 7 Cal. 126. If the right existed at common law, the remedy is merely cumulative. Id.

6. The law does not favor a repeal by implication, and unless the former act be referred to, or is clearly repugnant to the provisions of the latter, both must stand. Scofield v. White, 7 Cal. 400. Pierpont v. Crouch, 10 Cal. 315.

7. Where a general repealing act is passed, and on the next day a supplementary act, excepting certain counties from the operation of the repeal, the latter must be regarded as part of the former. Manlove v. White. 8 Cal. 376.

8. When a statute assumes to specify the effects of a certain provision, courts will presume that all the effects intended by the law-makers are stated. Perkins v. Thornburgh, 10 Cal. 189.

9. Statutes upon the same subject must be construed together, and a general provision must be controlled by one that is special. People v. Wells, 11 Cal. 329.

10. The intent, collected from the whole statute taken together, must prevail, even over the literal sense of the terms, and control the strict letter of the law, when the letter would lead to possible injustice, contradiction or absurdity. Ex parte Ellis, 11 Cal. 222.

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ARTICLE 4, Sec. 1. The public administrators of the counties of Nevada, Sacramento, Monterey, El Dorado, Amador, Tuolumne, Sierra(1), Humboldt (2), Tehama(2), Yolo(3), and Placer(4), shall hereafter be entitled to receive for their services the same fees as are allowed executors and administrators, by an act entitled "an act to regulate the settlement of the estates of deceased persons," passed May first, one thousand eight hundred and fifty-one.

Act of April 14, 1858.

ART. 5, Sec. 1. The coroners in and for the counties of San Luis Obispo and Santa Barbara shall, in case of a vacancy in the office of the public administrator in said counties, be ex officio administrators, and perform all the duties and be subject to all the liabilities of public administrators.

Sec. 2. The probate court may, at any time, require the coroner, when acting in the capacity of public administrator, to file such additional bond as the probate court may deem proper.

Act of April 11, 1859, concerning Public Administrators.

ART. 6, Sec. 1. Whenever it shall appear, from the returns made in pursuance of the foregoing sections (5,) that any money remains in the hands of the public administrators, (after a final settlement of the estate,) that is unclaimed by legal

(1) Act of Feb. 12. 1859.

(2) Act of April 26, 1858.

(3) Act of March 9, 1859.
(4) Act of April 13, 1859.

(5) This was doubtless intended as supplemental to the act of 1851.

heirs or other claimants, and which, in pursuance to law, should be paid over to the county treasurer, then it shall be the duty of the probate judge to order the same to be paid over to the county treasurer, and, on failure of the public administrator to comply with the said order within ten days after the same is made, then it is hereby made the duty of the district attorney for the county to immediately institute the requisite legal proceedings against the said public administrator, for the procuring of a judgment against him, and the sureties on his official bond, to the amount of the money so withheld, and costs.

Act of April 18, 1859. (Took effect October 1, 1859.)

ART. 7, Sec. 1. An act concerning the office of public administrator, and making it elective, passed April fifteenth, one thousand eight hundred and fiftyone, and the several acts amendatory and supplementary thereto, so far as the same relate to the counties of Tuolumne and Santa Barbara, are hereby repealed. Sec. 2. Whenever any resident of the counties of Tuolumne, or Santa Barbara, dies possessed of any property, and no person applies to the probate court for letters of administration, entitled thereto by law, it shall be the duty of the district attorney to petition the probate court for letters of administration, to any legally qualified person, in the discretion of the court, which person shall give such bonds for the faithful performance of his duties, as is required by law. Sec. 3. The district attorney shall receive such compensation for the performance of duties prescribed in this act, as the probate court may deem just.

Act of February 7, 1860.

ART. 8, Sec. 1. When real estate has been sold by a public administrator, acting as such in charge of an estate, without first having obtained letters of administration, and when such sale has been made under an order of the probate court, and approved by the probate judge or court, and a deed for the property has been executed to the purchaser or purchasers, such deed so made by such public administrator, is hereby confirmed and ratified, and made as valid and binding, and shall have the same force and effect as evidence, as if said officer had procured his letters of administration in accordance with law, prior to the making of such sale; and such deed so made, acknowledged according to law, and duly recorded, shall impart notice of its contents, from and after the passage of this act.

Act of March 20, 1860.

ART. 9, Sec. 1. Section two of "An Act concerning the Office of Public Administrator and making it Elective," approved April fifteenth, one thousand eight hundred and fifty-one, is hereby amended so as to read as follows:

Sec. 2. Every public administrator hereafter elected or appointed, before entering upon the duties of his office, shall execute a bond, with sureties, to be approved by the probate judge, in a sum not less than fifteen thousand dollars, and which may be increased at any time, in the discretion of the probate judge, conditioned for the faithful performance of all the duties enjoined on him by law, and particularly that he will account for and pay over all moneys and property that may come into his hands as such public administrator; provided, that the probate judge may in his discretion, for good cause shown, fix the amount of bond at not less than three thousand dollars.

Sec. 2. Section three of said act is hereby amended so as to read as follows: Sec. 3. He shall be authorized and required to perform such duties as are prescribed by law, and shall not be required to obtain letters of administration therefor, but may proceed to the performance of the same by virtue of his office, and shall receive such compensation as may be prescribed by law; provided, that the provisions of this act shall not apply to the city and county of San Francisco and the city and county of Sacramento, but in said city and county of San Francisco and the said city and county of Sacramento, the public administrator shall give

bonds, to be approved by the probate court, in the sum of not less than thirty thousand dollars, and shall procure letters of administration on each estate, by petition as in other cases.

JUDICIAL DECISIONS.

1. A public administrator having administration of an estate, continues such administration after the expiration of his term of office, and until his authority is directly set aside or indirectly revoked by another appointment. Rogers v. Hoberlin, 11 Cal. 120.

2. To vest the incoming administrator with title to the estate, there must be a grant of administration to him; the mere handing over the papers by the old administrator, is not sufficient. Id.

ARTICLE

AGRICULTURE.

ARTICLE

10. Annual appropriation of $5,000 to state society. 13. Debts of such societies. Liability of managers for Duty of recording secretary.

11. Society for; how incorporated. Powers. 12. Officers of such societies. Membership.

debts.

14. Certificate of incorporation, what to set forth and

when recorded.

Society cannot be sued for premiums.

Act of March 20, 1858, amendatory of "An Act to Incorporate a State Agricultural Society, and appropriate

Money for its Support," passed May 13, 1854.

ART. 10, Sec 1. Section eight of said act is hereby amended to read as follows: There is hereby appropriated, from any money in the treasury not otherwise appropriated, the sum of five thousand dollars annually, from and after May thirteenth, one thousand eight hundred and fifty-eight, for the space of five years, to be paid on the first day of June, in each year, to the treasurer of said society, on a requisition on the treasurer of this state, signed by the president and recording secretary of said society, which said sum shall be used only for the purpose of paying premiums, and for no other purpose whatsoever. And it shall be the duty of the recording secretary to make a statement, annually, of all the receipts, and stating definitely from what source such receipts were derived; also a tabular account of all expenditures, specifying for what purposes such expenditures have been made; also the amount of money in the hands of the treasurer at the time of making such statement, and forward copies of the same to the governor of the state, to be by him transmitted to the legislature, with the documents accompanying his annual message; and the entire transactions of the society to be printed in a separate volume, for the use of the members of the legislature and of the said agricultural society.

Sec. 2. Sections three, four, six, seven, nine and ten, of said act, are hereby repealed.

Act of March 12, 1859, concerning Agricultural Societies.

ART. 11, Sec. 1. Any seven or more persons may form an association for agricultural purposes, and when so formed, shall be known and designated by the name of agricultural society, and by such name and style shall have perpetual succession, and shall have power and authority to contract, and be contracted with; to sue, and be sued, in all courts; to have, and use, a common seal, and to alter the same at pleasure; to make, ordain, and establish, and put in execution, such by-laws, ordinances, rules and regulations, as shall be necessary for the good government of such society, and the management of its affairs; Provided, that said by-laws, ordinances, rules, and regulations, shall not be contrary to any provisions of this charter, or the constitution of this state, or of the United States.

Sec. 2. In addition to the powers above enumerated, the society shall, by its name, have power to purchase, hold, and lease, any quantity of land, not exceed. ing in the aggregate one hundred and sixty acres, with such buildings and im.

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