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........... 143

Page. Art.

Page. Art
TULARE COUNTY, (Continued.)

WATER-CRAFT, found adrift, etc............. 628
term of office...

143 606 WATER LOTS, act to provide for disposi-
TUOLUMNE COUNTY, boundaries............. 143 667 tion of, in San Francisco.................., 519 2728
seat of justice.....

607

See Land.
TUOLUMNE RIVER, declared navigable.... 552 2839 WEIGHTS AND MEASURES, act to estab-

lish a standard of

735 3545
USURPATION OF OFFICE, etc. action for.. 207 1044. WHARFING, formation of corporations

for ..............

480
VACANCY, in office of justice of supreme

WILLS, proof of..............

392 2224
court, how filled.......
148 624 act concerning...

737
VACCINE MATTER, act relative to......... 716 2447 WITNESSES, attendance and testimony of,
VAGABONDS, act to punish, etc.............. 717

before legislature, how compelled,
VAGRANTS, act to punish, etc.................. 717

etc......

..... 534 2782
VESSELS, coasting, exempt from pilot dues. 581 2940 See Civil Practice, Criminal Prac-
VIRGINIA AND KENTUCKY RESOLU-

tice, Legislature.
TIONS OF 1798 AND 1799............. 755

WRECKS, act concerning

731 3520

............ 119

....... 143

... 144

WARRANTS, of controller............

717
treasurer to indorse............................... 717 3455
WATER COMPANIES, incorporation of...... 719
WATER-COURSES, act creating a board of

commissioners to regulate, etc ........ 726

YOLO COUNTY, boundaries..

608
seat of justice..........

608
YUBA COUNTY, boundaries..

144 609
seat of justice.......

144 609
YUBA RIVER, declared navigable............. 552 2839

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 30, sec. 17, line 7, read Sundays for Sunday.

orally.
Page 33, sec. 8, line 4, read sessions for session. Page 304, art. 1677, last line, read if for is.
Page 34, sec. 15, line 1, read courts for court, after dis- Page 306, art. 1694, line 8, read been before interposed.
trict.

Page 315, art. 1767, insert at end of the article, desig-
Page 35, sec. 3, line 3, read school before district.

nating his name and the place
Page 35, art. 10, sec. 2, line 2, read or instead of and,

where his office is kept.
before change.

Page 318, art. 1794, line 2, read had for held.
Page 55, art. 71, read (1) for (2).

Page 320, art. 1817, line 4, insert not before less.
Page 77, art. 204, line 3, read hereby for here. Page 324, art. 1852, line 4, read of for or before justice.
Page 85, art. 258, line 6, read re-consideration for con- Page 343, art. 1950, line 6, read register for registered.
sideration.

Page 346, art. 1971, line 3, read failings for failures.
Page 91, art. 298, second line from last, read ordi- Page 359, art. 2028, line 2, read and where after when.

nance for ordinances. Page 364, art. 2054, line 2, read bond for board.
Page 92, art. 313, second line from last, read any in- Page 367, sec. 8, line 2, read funds for bonds.

stead of a before sum. Page 370, art. 2073, sec. 15, line 4, read are after afore-
Page 94, art. 320, insert at end, Am. April 13, 1854.

said instead of or.
Page 105, art. 387, line 1, after lineal read and instead Page 379, art. 2148, line 1, omit other before officers.
of or.

Page 384, art. 2187, last line, read houses for house.
Page 141, art. 591, insert at end, the seat of justice Page 396, art. 2252, sec. 58, line 2, after filed, read with
shall be at Santa Rosa.

instead of by.
Page 141, art. 591, line 7, read north-west for north- Page 404, art. 2283, last line, read child or after minor.
east.

Page 406, art. 2292, last line, read rejected for neglected.
Page 146, for 1 Organization, etc. read Courts of Jus- Page 409, art. 2305, line 3, read such instead of a before
tice--Organization, etc.

legacy.
Page 148, art. 627, omit last clause of article, Page 555, art. 2853, head notes, for offices read officers.
Page 160, art. 724, line 4, omit the clause, in the county Page 570, art. 2911, line 9 from top of page, read to be
of Stanislaus, on the fourth

able after likely.
Monday, etc.

Page 575, art. 2925, line 2, after vessel read into instead
Page 174, art. 788, line 3, read shal instead of will.

of in.
Page 186, art. 885, line 8, read thirty-two for twenty- Page 591, art. 2966, line 1, after twenty-five insert being
two.

subscribers to the capital stock
Page 193, art. 936, line 1, read of instead of or after

of any contemplated railroad.
issue.

Page 603, art. 2982, sec. 32, next to last line, read do-
Page 202, art. 1002, line 3, read the before property.

nate for denote.
Page 209, art. 1064, line 9, read reviewed for received. Page 616, art. 3007, sec. 5, line 19, read depot for de-
Page 218, art. 1133, line 1, read as after witness.

posit.
Page 247, art. 1364, line 4, read shall for may.

Page 619, art. 3017, line 7, read on instead of or after
Page 247, art. 1370, line 2, read thereof for thereon.

tar,
Page 247, art. 1370, line 2, read the instead of his before Page 620, first line on page, read never for not.
sureties.

Page 620, art. 3019, line 8, read county before court-
Page 250, art. 1378, line 9, read a for the before district

house.
court.

Page 620, art. 3019, line 12, read was after quantity.

[graphic]

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.

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Notes of Decisions of the Supreme Court of the State,

CONSTRUING THE SAME.

SAN FRANCISCO :
COMMERCIAL BOOK AND JOB STEAM PRINTING ESTABLISHMENT,

127 and 129 Sansomo Street.

18 60.

CERTIFICATE.

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.

[graphic][subsumed][merged small][merged small]

SUPPLEMENT.

ACTION, CIVIL-LIMITATION OF.

ARTICLE

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.

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