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THE ACT CONCERNING COURTS OF JUSTICE; THE ACT CONCERNING
FORCIBLE ENTRIES AND UNLAWFUL DETAINERS; THE

INSOLVENT ACT, AND THE RULES OF THE

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H. H. BANCROFT AND COMPANY.

18 6 3.

ENTERED according to Act of Congress, in the Year of our Lord 1863, by

H. II. BANCROFT AND COMPANY, In the Clerk's Office of the District Court of the United States, in and for the Northern

District of the State of California.

L 7263

1933

MAR 7

TOWNE & BACON, PRINTERS,

EXORLNIOK OYYICX,

536 Clay Street, San Francisco.

PREFACE.

The desire of the Editor of the present edition of the Practice Act has been, not only to collate the various decisions bearing upon and construing the different sections of the Act, but to classify them in such a manner as to facilitate reference to them by the practitioner.

The general plan attempted to be followed is much the same as that pursued in Howard's and in Voorhies’ editions of the New York Code. Where the provisions of our own Act are similar to those of the Code, the number of the corresponding section has been given. It is hoped that this will be found useful in consulting the decisions of that State relating to practice. The more important New York decisions rendered since the publication of the works of Howard and Voorhies, have been added under the appropriate sections.

Throughout the work those sections which are referred to in Title XVI, and made applicable to Justices' Courts, are marked “J. P.”

As it is not always easy to draw definitely the line between what is law relating to practice purely, and that which pertains to the higher and more universal principles of jurisprudence, the Editor has preferred to be found rather too liberal than too strict in his annotations ; for this reason it is not improbable that much matter will be found in this edition, which would have been omitted by others. But when it is considered that the design has been, as much as possible, to render the present work available for the whole profession as a book of ready reference, this will hardly be considered a serious objection, although adding somewhat to the size of the volume.

Errors, typographical and other, are to be found in all books. This will undoubtedly prove no exception. A few of the most important which have been discovered are noted. SAN FRANCISCO, 10th February, 1863.

C. H. P.

TERMS OF THE COURTS OF RECORD IN THIS STATE.

PROBATE COURTS.
4th Monday of each month, unless other.

wise fized by law,

1 Mon. July, Oct. & Jan.; 3 Mon. Ap. See County Court....... See County Court. Amador,... 16 1st Monday in Feb., June, August and Nov.

[July aud Oct. ..(Aug.; 2 Mon. Dec. Butte, 15 1st Monday in March, July and Nov.....

1st Mon. Marcli and June; 2d Mon, 2d Mon. Feb. ; 30 Mon. Apr., 4 Mon. Feb.'and May; 3 Mon.
Calaveras, 16 1st Monday in January, April, July and October.. 1st Mon. Jan., April, July & Oct. See County (out....

See ('ounty Court.
Colusa, 15 2d Monday in January; 1st Mond. May and Sept.. 2d Mon. Jau, Mar., May, July, Sept. 2d Mon. Mar.. July and Nov, See ('ounty Court.
Contra Costa, 4 1st Tuesday after 3d Monday in Jan., May and Sept. 3 Mon. May; 1 M Aug Nov. & Feb. See County Court......
Del Norte,.. 8 1st Monday in May, August and Nov.

2d Mon. Feb., April, June, Aug., Oct. See County Court... See County Court.
Klamath, 8 1st Monday in April, July and Oct.

See ('ounty Court
Lake,..
720 Monday in April; 1st Monday Dec

1 Mon. Feb., May, Aug. and Nov.... See County Court.[Sep. Nov. See ('ounty Court
Los Angeles, 1 30 Monday in March, July and Nov.

See County Court.
Mariposa,. 13 30 Monday in March, July and Nov.

[Dec.
Mendocino, 73d Monday in March, July and Nov.

3 Mon. Mar.. Jue, Sept. and Merced, 13 4th Monday in January, May and Sept.

1 M. Jan. Mar. May, Jul. Sep.
Mono,.. 16 Ist Monday in May, and Sept......

See County Court...[& Nov.
Monterey,
3 20 Monday in December, April and August.
See Court of Sessions.

See ('ourt of Sessions.
Napa,... 7 1st Monday in February, June and Oct....

2d Mona Mar., July, and 1 Mon. Nov. 1st Mon. Apr., Sept. and Dec. 3d Mon. Mar., July, 2d Mon.
Nevada, 14 1st Monday in Feb., Apr., June, Aug, Oct. and Dec. .list Mon. Jan. May and Sept.. 1st Mon. Mar., July and Nov.

. (Nov.
Placer,

3d Mon. Jan., Mar., May, Ju-
S. Francisco,
12 1st Monday in Jan., Mar. May, July, Sept. and Nov..

ly, Sept. and Nov.
San Joaquin, 1.5 1st Monday in Jan., April, August and Dec.

30 Mon. Mar., June, Sept. and Dec.. 4th Mon. Mar., June, Sept. & 3d Wednesday each month..
San Mateo,.... 12 3d Monday in Feb., June and October,

Tues, atter ('ounty Court...
Santa Barbara, 2 1st Monday in March, June, Sept. and Dec.

1st Mon. Feb., May, Aug. & Nov. 2d Mon. Feb., May, Aug. and 3d Wednesday each month..
Santa Clara,... 31st Monday in May, Sept. and Jan......

See County Court. ..[Nov. See ('ounty Court...
Santa Cruz, 3 3d Monday in April, August and Dec. ....

Sec County ('ourt.
Siskiyou, 9 3d Monday in Jan.; 1st Mon. May and 3d Mon Sept. 1 Mon. Jan., Apr., Oct.; 3 Mon. July See County Court.

See County Court.
Solano,...
73d Monday in April, August and Sept.

1st Mon. Feb., May, Aug and Nov. 1st Mon. Feb., May, Aug. and See County Court.
Stanislaus,... 13 1st Monday in Feb., June and Oct.

6!3d Monday in March ; 20 Mon. Aug.; 3d Mond. De 1st Mon.Jan.; 3 Mon. May & 1 Mon, 1st Mon. Apr., July and Dec. 2 Mon Jan. Mar. 4 Mon. May Yuba, 10 30 Monday in Jan., April, July and Oct.

1st Mon. Jan., April, July and Oct.. 3 Mo. Feb., May, Aug. & Nov. 12 Mon.July, Sep. 4 Mon. Nov

COUNTY

District.

DISTRICT COURTS.

COUNTY COURTS. 1st Monday in Jan., March, May, July, Sept., and

Nov., unless otherwise fixed by Isw.

COURTS OF SESSIONS. 1st Monday Feb., April, June, Aug., Oct., and Dee., unless otherwise fixed by law.

Alameda,...... 3 30 Monday in July, Nov. and March.

3ů Mon. Jan., Mar., May, July, Sept. See ('outy Court...... Buena Vista, 13 (Attached to Tulare County).

and Nov.).. [Sept. and 4th Mon. Nov.

1 Mon. Apr.; 3 M. July & Oct...... See County ('ourt......
El Dorado, 11 2d Monday in Feb. and May; 3d Mond. Aug. and Noy 1st Mon. Jan., May and Sept...... 1st Mon. Mar., July and Nov.
Frezno, 18 1st Monday in March, July and Nov..

..(and Dec 1 Mon. Fel., May, July, Nov.
Humboldt, 8 1st Monday in March, June and Sept.

.(June, Aug. and Oct. See County Court ..

2. Mon. Feb. and 3d Mon. April, 4 Mon. Feb., 1 M. May, July Marin,,, 1st Monday in March, July and Nov. 1st Mon. Feb., May, Aug and Nov... See County Court.

1st Mon. Mar., June, Sept. and Dec.. See ('ounty Court.

Ist Mon. Jan., May and Sept. See County ('ourt

11 2d Monday in Jan., April, July 3d Mond. Oct.. 24 Mon. Sep., 4 Mon. Jan. and May. See ('ounty ('ourt..
Plumas, .....
17 20 Monday in April, July, Oct. and Jan

1st Mon. Jan., May and Sept. See County Court.
Sacramento, 6 1st Monday in Feb., Apr., June, Aug., Oct. and Dec.. 1st Mon, Jan., April, June & Sept.. See County Court.
S. Bernardino, 1 3d Monday in Feb., June and Oct.

1st Mon. Jan., Mar., May, July, Sep Ist Mon. Feb., June and Oct.
San Diego, 2d Monday in Jan., May and Sept.

.. [and Nov.
4 1st Monday in Feb., Apr., June, Aug., Oct. and Dec..

1st Mon. Feb. and Oct.; 2 Mon. May. See ('ounty Court.... ..[Dec.
S. L. Obispo, 12 2d Monday in Jan., April, July and Oct.

1st Mon. Feb., June and October. See County Court..

Ist Mon. Feb. June and Oct.

4th Mon. March, July and Nov. See ('ounty Court. Shasta, 92d Monday in March, June and Noy.

1st Mon. Jan., May and Sept...... See ('ounty Court. Sierra, 17 1st Mond. Mar.; 2d Mon. May and Aug.; 1 Mon. Nov. 1st Mon. April, Aug.. Oct, and Dec.. See County Court..

3d Mon. April, Aug. and Dec. See ('ounty Court.. [Nov
Sonoma,
3d Monday in Feb., June and Oct.

3 Mon. Jan. Mar. May, July, Sep. Nov 3 Mon. Feb., Ap., June, Aug.
10 20 Monday in March, June, Sept. and Dec.

1st Mon. Mar., June, Sept. and Dec.
Sutter,..

..(Oct. and Dec. Tehama, 15 1st Monday in Feb., June and Oct.

1st Mon. April, Aug. and Dec. See ('ounty Court. Trinity, 92d Monday in April, August and Dec.

2d Mon. Feb., May, Aug. and Tulare, 13 1st Monday in March, July and Nov

(Nov. Tuolumne, 5 1st Monday in March, July and Nov.

1st Mon. Jan., May and Sept... [Sept. See County Court. Yolo,

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CONTENTS.

TO REGULATE PROCEEDINGS IN THE COURTS OF JUSTICE OF

THIS STATE, AND OTHER STATUTES.

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