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THE ACT CONCERNING COURTS OF JUSTICE; THE ACT CONCERNING
INSOLVENT ACT, AND THE RULES OF THE
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.
TOWNE & BACON, PRINTERS,
536 Clay Street, San Francisco.
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.
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.
See ('ounty Court.
2d Mon. Feb., April, June, Aug., Oct. See County Court... See County Court.
See ('ounty Court
1 Mon. Feb., May, Aug. and Nov.... See County Court.[Sep. Nov. See ('ounty Court
See County Court.
3 Mon. Mar.. Jue, Sept. and Merced, 13 4th Monday in January, May and Sept.
1 M. Jan. Mar. May, Jul. Sep.
See County Court...[& Nov.
See ('ourt of Sessions.
2d Mona Mar., July, and 1 Mon. Nov. 1st Mon. Apr., Sept. and Dec. 3d Mon. Mar., July, 2d Mon.
3d Mon. Jan., Mar., May, Ju-
ly, Sept. and Nov.
30 Mon. Mar., June, Sept. and Dec.. 4th Mon. Mar., June, Sept. & 3d Wednesday each month..
Tues, atter ('ounty Court...
1st Mon. Feb., May, Aug. & Nov. 2d Mon. Feb., May, Aug. and 3d Wednesday each month..
See County Court. ..[Nov. See ('ounty Court...
Sec County ('ourt.
See County Court.
1st Mon. Feb., May, Aug and Nov. 1st Mon. Feb., May, Aug. and See County Court.
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 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......
..(and Dec 1 Mon. Fel., May, July, Nov.
.(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..
1st Mon. Jan., May and Sept. See County Court.
1st Mon. Jan., Mar., May, July, Sep Ist Mon. Feb., June and Oct.
.. [and Nov.
1st Mon. Feb. and Oct.; 2 Mon. May. See ('ounty Court.... ..[Dec.
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
3 Mon. Jan. Mar. May, July, Sep. Nov 3 Mon. Feb., Ap., June, Aug.
1st Mon. Mar., June, Sept. and Dec.
..(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,