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INTRODUCTION

TO THE SECOND EDITION.

The first edition of the Annotated Practice Act of California having been gladly received by the profession in the State, it has been deemed advisable to issue a second, carefully revised, in which are incorporated the Amendments to the Act of the Legislatures of 1857 and 1858, and the decisions of the Supreme Court since April, 1856, and also the new Rules of the Supreme Court.

Practice decisions have also been supplied from the latest New York Reports, con.prising the 15th New York (1 Smith's Court of Appeals,) 4th Kernan, 6th Selden, 24th Barbour, 14th Howard, 6th Abbott, 5th Duer and 3d E. D. Smith.

The District Court rulings heretofore inserted have been omitted, as they offered little authority, where no opportunity could be had of reading a full opinion thereupon.

There is annexed the "Act concerning the Courts of Justice of this State, and Judicial Officers," as also the “Act concerning Forcible Entries and Unlawful Detain. ers," with annotations thereto of decisions rendered.

The figures in brackets, succeeding the section number, denote the year in which the section had been amended, and the amendments of 1857 and 1858 are in italic.

HENRY J. LABATT.

SAN FRANCISCO, May, 1858.

TABLE OF CONTENTS.

6

JUDICIAL DISTRICTS OF THE STATE,

7

TERMS OF THE COURTS OF RECORD OF THE STATE,

8

Ax Act CONCERNING COURTS OF JUSTICE AND JUDICIAL OFFICERS, . 10

An Act TO REGULATE PROCEEDINGS IN CIVIL CASES IN THE Courts OF

JUSTICE OF THIS STATE,...

33

An Act CONCERNING FORCIBLE ENTRIES AND UNLAWFUL DETAINERS,.....271

RULES OF THE SUPREME COURT,

.279

INDEX,...

.285

SUPREME COURT.

Hon. DAVID S. TERRY, CHIEF JUSTICE,...
Hon. PETER H. BURNETT, AssocIATE JUSTICE,.
Hon. STEPHEN J. FIELD, AssociATE JUSTICE,...

Term expires, 1860
Term expires, 1859
Term expires, 1864

Hon. THOMAS H. WILLIAMS,............ ATTORNEY GENERAL
CHARLES S. FAIRFAX, Esq.,

CLERK
DAVID T. BAGLEY, Esq.,.

DEPUTY CLERK
HARVEY C. LEE,.

REPORTER
BRUCE HUSBAND, Esq.,

..DEP. STATE LIBRARIAN

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

JUDICIAL DISTRICTS OF THE STATE.

First,

{

DISTRICT.

COUNTIES.
JUDGE.

RESIDENCE.
Hon. BENJAMIN HAYES, Los Angeles, . Los Angeles, San Bernardino and San Diego.
Second, Hon. JOAQUIN CARILLO,.. Santa Barbara, San Luis Obispo and Santa Barbara.
Third, Hon. CRAVEN P. HESTER,... San Jose, .... Alameda, Monterey, Santa Clara and Santa Cruz...
Fourth, Hon. JOHN S. HAGER,.. San Francisco, Part of San Francisco.
Fifth,

Hon. CHARLES M. CREANER,. Stockton, Amador, Calaveras, San Joaquin and Tuolumne.
Sixth, ..
Hon. CHARLES T. BOTTS,.... Sacramento,

Sacramento, .. Sacramento.

Contra Costa, Marin, Mendocino, Napa, Solano
Seventh,.. Hon. E. W. MCKINSTRY, Benicia,

and Sonoma.
Eighth,
Hon. J. M. PETERS,

Trinidad, Klamath, Del Norte and Humboldt..
Ninth,

Hon. WM. P. DAINGERFIELD, Shasta, Shasta, Siskiyou and Trinity.
Tenth,..
Hon. WM. BARBOUR, . Marysville,

Sutter and Yuba.
Eleventh, Hon. John M. HOWELL, Placerville,

.. El Dorado, Placer and Yolo.
Twelfth,
Hon. EDWARD NORTON,.... San Francisco, Part of San Francisco and San Mateo.

| Frezno, Mariposa, Merced, Stanislaus, Tulare and
Thirteenth, Hon. EDWARD BURKE,... Mariposa,

Buena Vista.
Fourteenth, Hon. NILES SEARLS, Downieville,

Nevada and Sierra..
Fifteenth, ....
Hon. W. T. SEXTON,

Oroville,

Colusi, Tehama, Butte and Plumas.

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TERMS OF THE COURTS OF RECORD IN THIS STATE.

!

COUNTY COURTS.

COURTS OF SESSIONS. PROBATE COURTS. COUNTY. DISTRICT COURT.

and Nov unless otherwise ficer' by law. 1st Monday Jan. March, May, July, Sept 1st Monday of Peb. April, June, Aug. Oct. 4th Mon Jay of each month, unless otherwise and Dec. unless otherwise fixed by law.

fixed by law.
Alameda, 3 1st Mond. in Jan. Apl, July

& Oct
3d Monday of above months. See County Court,

See County Court,
Amador,

5 3d Mond. in Feb. June and Oct...
Buena Vista, 13 (attached to Tulare County,)...

. [and 4 Mon. Nov.

.. [and October,

[Aug; 2 Mon. Dec.
15 3d Mond. Jan; 1 Mon May: 4 Mon. Aug; & 2 Mon. Nov. 1 Mon. March and June; 2 Mon. Sept. 2 Mon. Feb; 3 Mon. Apl, July 4 Mon. Feb. and May; 3 Mon.
Butte, .....
Calaveras, 5 1st Monday in February, June and October,.. 1 Mon. Jan. Apl, and July; 3 Mond. See County Court,

See County Court,
Colusi,
15 1st Mond. Jan.; 4 Mond. May; 2d Mond. August,

October

See County Court,

See County Court,..
Contra Costa, 7 1st Mond. January, May and September,

1 Mon. Feb. May Aug and Nov. See County Court,
Del Norte, 8 1st Monday in May, August and November,
El Dorado, 11 2d Mon. Feb. & May; 3d Mon. Aug. & Nov.
Frezno,

13 3d Monday February, June and October,
Humboldt, 8 1st Monday March, June and September,

2 Mon. Feb. Apl, June, Aug. Oct. and See County Court,

Sce County Court,
Klamath, 8 1st Mon. April, July and October,

December
Los Angeles, 1 3d Mond. March, July and November,

3d Mon. Jan. Apl, June, Aug. Oct.. i Mon. Feb. May, July, Sept.
Marin,
7 1st Monday March, July and November,

and Nov. Mariposa, 13 2d Monday March, July and November, Mendocino, 7 (attached to Sonoma County.). .....

...[Sept. and Nov. Merced, 13 1st Monday February, June and October,

1 Mon. Jan. Mar. May, July, Monterey, 3 4th Monday December, April and August,

(See Court of Sessions).

See Court of Sessions
Napa,... 7 Ist Monday Feb. June and October,

20 Mon. March, July; 1 Mon. Nov... 1 Mon, April, Aug. and Dec. 3 Mon. Mar. July; and 2 Mon.
Nevada, 14 3d Mon. May; 1st Mon Aug. and Oct.; 2d Mon. Dec.

Nov.
Pa-Utah,
Placer,
15 2d Mon. Jan. April, July: 3d Mond. October.

2 Mon. Feb. May, Aug. and Nov... See County Court,
Plumas, 15 2d Mon. April, July and October,

1 Mon. Jan. May and Sept... See County Court, Sacramento, 6 1st Monday Feb. Apl, June, Aug., Oct. and Dec. 1 Mon. March, June Sept. and Dec. 1 Mon. Jan. Apl, July, Oct..

[Oct.
S. Bernardino, 1 3d Monday Feb. May and October, .......

2 Mon. Feb May, and October,.. 1 Mon. Feb. May and Oct... 4 Mon. Jan. April, July and
San Diego, . 1 3d Monday April, August and December,..
4 1st Monday Feb., Apl, June, Aug., Oct. and Dec.

.***(Sept. and Nov.
San Francisco,
12 1st Monday January March, May, July, Sept.and Nov.

3 Mon. Jan. Mar. May, July,
San Joaquin,.. 5 1st Monday Jan. April, Aug and Dec..

1 Mon. Feb. and Oct; 2 Mon. May. See County Court, S. L. Obispo,... 2 2d Monday Feb. July and November..

3 Mon. Feb. July and Nov.

1 Mon Feb. July and Nov... 4 Mon. Jan. Ap. July and Oct. San Mateo, .... 12 3d Monday April, August and December.

1 Mon. March, July and Nov. Wednes. after County Court, Tues. after County Court. ...
Santa Barbara, 2 3d Monday March, August and December.

2 Mon. March, Aug. and Dec. 1 Mon. March, Aug. and Dec. 4 Mon Jan. Ap. Júly and Oct.
Santa Clara,... 3 4th Monday March, July and November.

4 Mon. Feb. June and Oct...

See County Court,

See County Court...
Santa Cruz,... 3 3d Monday March. July and November.

1 Mon. Feb. Apl, June Aug. Oct. Dec. See County Court,

See County Court..
Shasta,
9 3d Monday January and September.

1 Mon. Jan. May and Sept.. See County Court,
Sierra,
14 1st Monday April, July, September and November. 1 Mon. May, Aug. Oct and Dec. See County Court,

See County Court..
Siskiyou,
9 1st Monday March, July and November ...... 1 Mon. Jan. Apl. Oct.; 3 Mon. July,. See County Court.

See County Court.
Solano,.. 7 3d Monday January, May and September..

3 Mon. Jan. Apl, July and Oct. 1 Mon. Jan. Ap. July and Oct. 4 Mon. Jan. Ap. July and Oct.
Sonoma, 7 8d Monday February, June, and October.

1 Mon. Jan. Apl, July and Oct. See County Court...

See County Court...
Stanislaus, 13 2d Monday February, June and October
Sutter,

10 1st Monday March, June and Oct., 3d Mond. Dec..
Tehama,
15 1st Monday March, June and September.

1 Mon. Feb Apl, June, Aug, Oct. and See County Court,......[Nov. See County Court. Trinity, 9 2d Monday April, August and December,

December,

2 Mon. Feb. May, Aug. and Tulare,

13 4th Monday Feb. June and October........ Tuolumne, 5 1st Monday March, July and November.

1 Mon. Feb June and October, See County Court..... (April. See County Court... Yolo,

10 3d Monday March ; 20 Monday Aug.; 38 Monday Dec. Thursday after Court of Sessions,.. 3 Mon. Aug;1 Mond Dec. and 1 Mon, Jan. Mar. July, Sept. 10 8d Monday January, April, August and November. 1 Mon. March, June, Sept. and Dec.. 1 Mon, Ap. July, Oct. and Jan. and Nov.

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