Entered according to Act of Congress, in the year 1872, by SUMNER WHITNEY & COMPANY, in the office of the Librarian of Congress at Washington, D. C. 92433 PREFACE. THE object of this edition of the Code of Civil Procedure is to give, in compact form, the text of the Code, together with amending or conflicting Acts of the last session of the legislature, and, by means of notes and italics, to show the difference between the Code and the present law, and what changes have been made, from time to time, in the present Probate and Practice Acts, since their adoption. The numbers of the corresponding sections of the Probate and Practice Acts are given in the parentheses. Where existing statutes, other than the Practice and Probate Acts, are incorporated in any section, they are referred to in the notes beneath the section. Where the Code varies from the present law only by the addition of a clause, such clause is printed in italics, but where there is any material variation, the existing statute is given in full, with references to any changes made since its original adoption. Sections which contain provisions not heretofore embraced in our statutes are preceded by 66 (N. S.)," and those made expressly applicable to Justices' Courts are preceded by an asterisk. The references to decisions are believed to contain a full and accurate list of those bearing directly upon the particular sections under which they are given. hope that time and use will show very few errors or omissions in this edition of the Code. The very short time allowed to prepare the notes and references for the printer is the excuse offered for any defects which may be found in them. Every possible precaution has been taken to insure accuracy in the text of the statute, and as a final revision, after the whole had been stereotyped, the proof sheets were carefully compared with the original text, and the few immaterial errors found, noted in the errata. SAN FRANCISCo, August, 1872. WARREN OLNEY. ERRATA. § 400, first line, read the title to or possession of. § 542, sixth line of 5th sub-division, read or for on. § 612, second line, read papers which have been received as evidence in the cause except depositions or copies. $634, last line, read in for upon. § 653, second line, read or for as. § 657, second line of 1st subdivision, erase any. § 689, second line, read may for must. 720, second line, read or to be indebted. 945, eighth line, erase "be." § 1055, read gives for give. Ø 1127, read have for has. 61283, fourth line, read of a county. § 1294, last line, read "is first made" for shall first be made. § 1374, fifth line, read file a petition. § 1552, fifth line, read and the return is made. § 1601, fourth line, read is for shall be. Ø 1727, seventh line, read are for is. § 1733, fifth line, read administrator for administration. § 1818, ninth line read have for has. |