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"AN ACT TO REGULATE PROCEEDINGS IN CIVIL CASES IN THE COURTS OF JUSTICE
IN THIS STATE,” PASSED APRIL 29, 1851, AND AMENDED MAY 18, 1853; MAY
18, 1854; APRIL 28, MAY 4, AND MAY 7, 1855; FEBRUARY 20, 1857;
MARCH 24, AND APRIL 15, 1858; FEBRUARY 21, MARCH 28,
APRIL 2, AND APRIL 12, 1859; APRIL 28, 1860.

ALSO
"An Act concerning the Courts of Justice of this state, and Judicial Officers," passed May 19,
1863; and also, "An Act concerning Forcible Entries and Unlawful

Detainers,” passed April 22, 1850.

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THIRD EDITION.

BY HENRY J. LABATT,
COUNSELOR AT LAW, SAN FRANCISCO, CAL.

“Law Practice is imperfect at the best."-H. W. WARNER.

SAN FRANCISCO:
H. H. BANCROFT AND COMPANY.

1860.

LIBRARY OF THE
LELAND STA!FORD JR. UNIVERSITY.

a 28.690

Entered according to Act of Congress, in the year 1856, by

HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California.

Entered according to Act of Congress, in the year 1858, by

HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California.

Entered according to Act of Congress, in the year 1860, by

HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California.

TOWNE & BACON, PRINTERS,

BXCELSIOR OTTICE, 125 Clay Street, San Francisco.

INTRODUCTION

TO THE THIRD EDITION.

The former editions of the annotated Practice Act having been well received by the profession in the State, it has been deemed necessary to issue a third, carefully revised

-as the former editions are out of print-in which are incorporated the amendments to the Act by the Legislatures of 1859 and 1860.

Practice decisions rendered by the Supreme Court of this State and New York, to the latest date, have been also supplied.

There are annexed the “Act concerning the Courts of Justice of this State, and Judicial Officers," as also the “Act concerning Forcible Entries and Unlawful Detainers,” with annotations thereto of decisions rendered, and other acts incidental to the practice.

The figures in brackets, succeeding the section number, denote the years in which the section has been amended, and the amendments of 1859 and 1860 are in italic.

HENRY J. LABATT.

SAN FRANCISCO, May, 1860.

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Hon. STEPHEN J. FIELD, CHIEF Justice, .............. Term expires, 1864. Hon. JOSEPH G. BALDWIN, AssociatE JUSTICE, ........ Term expires, 1862. Hon. W. W. COPE, AssociatE JUSTICE................... Term expires, 1866.

Hon. THOMAS H. WILLIAMS,........... ATTORNEY GENERAL.
CHARLES S. FAIRFAX, Esq., .........................CLERK.
DAVID T. BAGLEY, Esq., . . . . . . . . . . . . . . ...... DEPUTY Clerk.
JOHN B. HARMON, Esq., ,

...........REPORTERS.
DAVID T. BAGLEY, Esq., )
W. C. STRATTON, Esq.,.. .............. Dep. STATE LIBRARIAN.

The Terms of this Court are holden at the Capital of the State, (City of Sacramento) on the first Monday in the months of January, April, July and October.

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