Fire department may use seal. Form of seal Secretary of board of delegates shall give bond. Secretary to issue exempt certificates. Proviso. By whom signed. Certificates evidence. Penalty for issuing false certificates. As to former acts. County clerks to issue exempt certificates. An Act supplementary to an act entitled an act to exempt firemen from militia service and jury duty, passed March 25, 1853. Approved March 28, 1864; 1863-4, 256. 3112. SECTION 1. Each and every fire department regularly organized under the laws of this State, or under or by virtue of the provisions of any act of incorporation of any town or city of this State, or lawful ordinance of any city or town, are hereby authorized and empowered to prepare and use a seal for the purposes and in the manner hereinafter provided. 3113. SEC. 2. Such seal shall have engraved upon it the arms of this State and the name of the particular fire department for which it is intended, and shall be used only by and remain in the custody of the secretary of the board of delegates of each of such fire departments, and his successor in office. 3114. SEO. 3. The secretary of the board of delegates of each and every such regularly organized fire department, before making the certificates hereinafter mentioned or using the said seal, shall take and subscribe the constitutional oath of office, which shall be indorsed upon his certificate of election, and shall execute a bond with two sufficient sureties, to be approved by the county judge of his county, in the sum of one thousand dollars, to The People of the State of California, conditioned for the faithful performance of the duties of his office according to law, which bond shall by filed in the office of the recorder of the county where each fire department is organized. 3115. SEC. 4. The secretary of every such fire department is hereby authorized and empowered to issue certificates of exemption to all such firemen belonging to his department as now are or hereafter may be exempt from militia or jury duty by the laws of this State; provided, no fee or charge therefor shall be received or exacted by such secretary; and provided, further, that such secretary shall make an entry thereof, with the date of such certificate, in the minute-book of the proceedings of the board of delegates. 3116. SEC. 5. The certificates herein before provided for shall be signed by the secretary of the board of delegates and the president of the board, and shall be authenticated with such seal as aforesaid. 3117. SEC. 6. All certificates issued under the provisions of this act, duly authenticated, shall be evidence in all the courts of this State of the truth of the matters set forth in such certificate or certificates. 3118. SEC. 7. If any secretary or president of any board of delegates of any such fire department in this State shall wilfully or knowingly issue or cause to be issued any certificate of exemption to any person or persons not entitled to such exemption by law, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine in any sum not less than twenty nor more than two hundred dollars, or by imprisonment in the county jail for a term equal to one day for every two dollars of such fine. 3119. SEC. 8. This act shall not be construed to repeal the provisions of any act or acts now in force relating to any fire department in any city or town in this State. This act shall not apply to the City and County of San Francisco. SEC. 9. This act shall take effect and be in force from and after its passage. An Act relative to the issuance of certificates to exempt firemen within the State. Approved May 20, 1861, 585, 3120. SECTION 1. Any member of any fire company, belonging to any regular organized fire department within this State, who shall have served in any one or more companies of any such regular organized fire department or departments within this State, for the period of five years, and shall produce a certificate or certificates showing the same, signed by the chief engineer of the department to which he belongs, or may have belonged, shall be entitled to receive a certificate as an exempt fireman; which said certificate shall be issued by the county clerk of the county in which he may reside, with the county seal attached thereto, upon the payment to said officer of the sum of one dollar, which said sum shall be paid by said clerk to the treasurer of said county, and be placed by him in the common school fund of said county. [Amendment, approved, April 26, 1862, 465; took effect from passage. 3121. [As the foregoing amendment, according to Sec. 2 of the following act, does not apply to the City and County of San Francisco, it seems that the original section is in force there, unless superseded by the act of April 10, 1862, 183, Sec. 4, which provides for exempt certificate to be signed by the chief engineer and other officers of the San Francisco fire department. The original section differs from the amendment only in requiring the certificate to be issued by the secretary of State, the seal of State to be attached; the sum of one dollar to be paid to the secretary of State, and by him to be paid to the treasurer of State and placed in the library fund.] 3122. SEC. 2. All persons, to whom such certificates as exempt firemen shall here- Exemption from after issue, shall, from the date thereof, be exempt from all jury duty and militia jury and militia service within this State. All acts, and parts of acts, in conflict with this act, are hereby repealed. An Act amendatory of the foregoing act of May 20, 1861. Approved April 26, 1862, 465. [SECTION 1 contains the amendment to Sec. 1 of the foregoing act therein inserted.] County 3123. SEO. 2. This act shall not apply to the City and County of San Francisco, San Francisco nor to the firemen therein. All persons, to whom such certifiates as exempt firemen shall hereafter issue, shall from the date thereof, be exempt from all jury duty within this State. All acts, and parts of acts, in conflict with this act, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. 3124. [For references to special and local acts, bearing upon the subject of firemen and fire departments, see under the heads of San Francisco, Yuba, (Marysville,) Sacramento, Tuolumne, (Sonora,) Nevada, Calaveras, Sierra, El Dorado, (Placerville,) Sonoma, and Amador Counties.] [A special act to exempt active and exempt firemen from jury duty in the City of Sacramento was approved February 20, 1864; 1863-4, 99. An Act of the same nature in relation to Nevada County, or rather to the principal city and towns of that county, was approved March 1, 1864; 1863-4, 118.] Fish. An Act to prevent the destruction of fish in the waters of Stockton Slough and Mormon Slough, in San Joaquin County. Passed May 11, 1854, 191. 3125. SECTION 1. From and after the passage of this aet, it shall be unlawful for Nets and scines prohibited. any person to use nets or seines of any description, for the purpose of catching fish, in the waters of Stockton Slough and Mormon Slough, in San Joaquin County. 3126. SEC. 2. Any person who shall violate the provisions of this act, shall, upon Penalty. conviction before any justice of the peace in San Joaquin County, pay a fine of not less than twenty-five dollars, and not more than fifty dollars, and costs of prosecution. Commitment on refusal to pay 3127. SEC. 3. Any person so convicted as aforesaid, who shall neglect or refuse to pay the fine and costs as aforesaid, shall be committed by the justice of the peace, fe before whom the conviction is had, to the county jail of San Joaquin County, for a term not exceeding twenty days, until such fine and costs are paid. An Act to prohibit the erection of weirs, or other obstructions, to the run of salmon, approved April 12, 1852, 135. See SALMON, post, 6626. [An Act for the protection of fisheries, approved April 28, 1860, 307 (directed against Chinese and Mongolians), was repealed April 4, 1864; 1863-4, 492.] An Act for the preservation and protection of trout, approved April 17, 1861. See TROUT, post, 7255. FLOUR. 3128. [An Act to provide for the inspection of flour, approved May 3, 1852, 129, amended by new act approved May 18, 1853, 272, was repealed with the amendatory act by act passed January 28, 1854, 3.] 453 Forcible Entries and Unlawful Detainers. [An Act concerning forcible entries and unlawful detainers, passed April 22, 1850, 425; amended by Act approved April 2, 1852, 158; further amended by act approved March 26, 1858, 90; further amended by act approved May 20, 1861, 582; and still further amended by act approved April 25, 1862, 420; was repealed by the act of April 27, 1863, given below. An Act to provide for appeals in certain cases, approved April 29, 1852, 156, related to forcible entry and detainer cases, commenced previous to June 1, 1852, and is not now of any force.] An Act concerning forcible entries and unlawful detainers, and to repeal all other acts on the same subject.(*) Approved April 27, 1863, 652. 3129. SECTION 1. No entry shall be made into any lands, tenements, or other possessions, but in cases where entry is given by law, and in such case only in a peaceable manner; not with strong hand, nor with a multitude of people. 3130. SEC. 2. Where any such forcible entry shall be made, or where the entry shall be made in a peaceable manner, and the possession shall be held by force, the person so forcibly put out, or so forcibly holden out of possession, shall he restored to such possession by action to be commenced and prosecuted as in this act provided. 3131. SEC. 3. It shall be unlawful for any person to hold over any lands, tenements, or other possessions, after the termination of the time for which they may have been demised or let to him or her, or to the person under whom he or she holds possession, or contrary to the covenants of the lease or agreement under which he or she holds, or after any rent shall become due according to the terms of such lease or agreement, and shall remain unpaid for the space of three days after the same shall become due as aforesaid. 3132. SEC. 4. In all cases specified in the preceding section, the landlord may, at any time within one year after such rent shall become due and remain unpaid, or after any holding over contrary to the terms of such lease, make demand, in writing, of such tenant or tenants that he, she, or they, deliver the possession of the premises held as aforesaid; and if such tenant or tenants shall refuse or neglect, for the space of three days after such demand, to quit the possession of such lands or tenements, in case the term has expired, or the covenants or conditions of the lease require said premises to be surrendered, or to pay the rent, in case the term has not expired, but rent remains unpaid, then such tenant or tenants shall be deemed guilty of an unlawful detainer. 3133. SEC. 5. It shall not be necessary in order to work a forfeiture for the nonpayment of rent, to make demand for rent on the day on which the same becomes due, or at any particular time of the day, but demand may be made of the tenant, in person, at any time within a year after such rent shall become due according to the terms of any lease or agreement, and may be made for the whole amount due and unpaid at the time of making such demand. And the failure on the part of the lessee or his assigns to pay such rent upon such demand being made, shall have the same force and effect as if such demand had been made on the premises toward sunset on the day when the rent became due. 3134. SEC. 6. In all leases of lands or tenements, or any interest therein, from month to month, the landlord may, and it shall be lawful for him, upon giving notice. in writing, at least fifteen days before the expiration of the month, to change the terms of the lease, to take effect at the expiration of said month. Said notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent, and conditions specified in said notice, if such tenant shall continue to hold such premises after the expiration of said month. In all leases of lands or tenements, or any interest therein, for a month, or any term less than one year, and the tenant holds over his term by consent of his landlord, the tenancy shall be construed to be a tenancy from month to month, or a tenancy for such term less than a year, as the case may be. 3135. SEO. 7. Actions for the recovery of the possession of any lands or tenements specified in this act, and for damages consequent upon any forcible entry, or forcible detainer, or rent due, or damages accruing from holding over or not surrendering the (") The decisions of the supreme court, construing the forcible entry and detainer acts, in addition to those given in the margin, will be found as follows: 3 Cal. 59; 3 Cal. 278; 4 Cal. 120; 4 Cal. 176; 4 Cal. 182; 4 Cal. 208; 4 Cal. 412; 5 Cal. 52; 5 Cal. 68; 5 Cal. 118; 5 Cal. 113; 5 Cal. 156; 5 Cal. 289; 6 Cal. 63; 6 Cal. 161; 6 Cal. 189; 6 Cal. 447; 8 Cal. 499; 9 Cal. * possession of any demised premises as herein specified, shall be commenced and prosecuted in the county court of the county in which the said lands or tenements or some portion thereof may be situate. 3136. SEC. 8. The complaint in such action shall set forth the facts on which the Complaint. plaintiff seeks to recover, and shall describe the premises sought to be recovered with reasonable certainty, and may charge that the defendant has acted fraudulently in making such forcible entry, or holding such possession by force (in case where the action is brought for a forcible entry or forcible holding), and may claim such damages therefor as he may deem proper; and in case of rent due and unpaid, may state the amount thereof; and such complaint shall be verified in the mode prescribed by law for the verification of pleadings in civil cases. in cases of fraud 3137. SEC. 9. Upon presenting the complaint in said action, duly verified as afore- Order of arrest said (and charging fraud in making such entry, or in holding such possession by force), ulent entry or to the judge of the court in which the action is brought, or to the district judge with- detainer. in whose district said county may be, or to any commissioner authorized to perform chamber business of the judges of the said district court and county courts, an order for the arrest of the defendant or defendants, shall be made by such judge or commissioner, and all the provisions of law, as presented from section seventy-six to section ninety-eight, both included, in Title Five, Chapter One, of an Act to regulate proceedings in civil cases in the courts of justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, shall be and are hereby made the rule of proceeding to said arrest and bail in said action of forcible entry or forcible detainer; provided, that wherever the word "Judge" occurs in any of said sections, the same shall be taken and construed to include also a commissioner as aforesaid. 6 Cal. 63. 16 Cal. 107. 3138. SEC. 10. On the trial of any such action of forcible entry or forcible detainer, Proofs required the plaintiff shall only be required to show, in addition to the forcible entry or forcible of parties. detainer complained of, that he was peaceably in the actual possession at the time of 15 Cal. 315. the forcible entry, or was entitled to the possession at the time of the forcible 20 Cal. 47. detainer. The defendant may show in his defense, that he, or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of said action, and that his interest therein is not then ended or determined, and such showing shall be a bar to the action in all cases provided for in this act. 3139. SEC. 11. A defendant shall be deemed guilty of fraud, within the meaning of "Fraud" defined. this act, when the forcible entry or forcible detainer are shown to have been made or done in bad faith, and knowing that the said defendant had no legal right to make such entry or detainer. defendants. 3140. SEC. 12. No person other than the actual occupants of the premises shall Occupants to be be necessary parties defendant to proceedings specified in this act; and in case a married woman be a tenant or occupant, and her husband is not a resident of the county in which the premises are situated, her marriage shall not be a defense in such proceedings; but in case her husband be not joined, or unless she be doing business as a sole trader, a judgment against her shall only be valid against property on the premises at the time of the commencement of the action. plaintiff. 3141. SEC. 13. If upon the trial of any action under the provisions of this act, the When the verdict of the jury, or the finding of the court, shall be in favor of the plaintiff, and verdict is for against defendant, the court shall thereupon enter judgment for the plaintiff to have restitution of the premises, and the jury, or the court, in case the action is tried without jury, shall also find or assess the damages occasioned to the plaintiff by such forcible entry or forcible detainer, or in case of rent unpaid, the amount of rent then due, and thereupon shall at once enter judgment against the defendant for three times the amount of such damages, or rent, as the case may be, so found or assessed. 3142. SEC. 14. The proceedings in or upon the trial of any such action shall be the Proceedings. same as in other civil cases, except as herein otherwise provided, and judgment shall be entered, execution issued, and all other proceedings, both before and subsequent to judgment, be had as in other civil cases. SEC. 15. The following acts are hereby repealed, viz.: An Act concerning forcible Acts repealed. entries and unlawful detainers, passed April twenty-second, eighteen hundred and fifty; an Act to amend the seventeenth section of an Act concerning forcible entry and unlawful detainer, passed April second, eighteen hundred and fifty-two; an Act to amend an Act concerning forcible entries and unlawful detainers, passed March twenty-sixth, eighteen hundred and fifty-eight; an Act amendatory of and supplementary to an Act concerning forcible entries and unlawful detainers, passed April Acts revived. Proviso. twenty-second, eighteen hundred and fifty, passed May twentieth, eighteen hundred and sixty-one; an Act to amend an Act entitled an Act concerning forcible entries and unlawful detainers, passed April twenty-second, eighteen hundred and fifty, and an act amendatory of and supplementary to said Act approved May twentieth, eighteen hundred and sixty-one, passed April twenty-fifth, eighteen hundred and sixtytwo. SEC. 16. This act shall take effect on the first day of January, eighteen hundred and sixty-four. An Act to preserve and secure the rights of parties which existed on the 31st day of December, 1863, under and by virtue of the laws then existing and in force concerning forcible entries and unlawful detainers. Approved April 4, 1864; 1863-4, 899. 3143. SECTION 1. Any and all statutes which existed and were in force on the thirty-first day of December, A. D. eighteen hundred and sixty-three, concerning forcible entries and unlawful detainers, or unlawful entries and unlawful or forcible detainers, are hereby revived, and shall continue in full force and effect as to any act done, or right accrued or established, or cause of action which existed, and as to any suit or proceeding upon or for the same pending or in judgment on the said thirtyfirst day of December, A. D. eighteen hundred and sixty-three, except that the imposition of a fine or trebling of damages is not authorized by this act; provided, that the county courts shall have and exercise full jurisdiction in such cases. SEC. 2. This act shall take effect immediately. FOREIGN MINERS-See REVENUE. 3144. [The laws in regard to foreign miners' licenses are now an integral portion, so to speak, of the revenue act of May 17, 1861, from Sec. 90 to Sec. 100, inclusive, post, 6237 to 6249, inclusive. The old and now repealed or superseded acts in relation to the subject, except such as were parts of acts relating to revenue in general, were as follows: An Act for the better regulation of the mines, and the government of foreign miners, passed April 13, 1850, 221, repealed by act passed March 14, 1851, 424. An Act to provide for the protection of foreigners, and to define their liabilities and privileges, approved May 4, 1852, 84, repealed by act of March 30, 1853, 62. An Act to provide for the protection of foreigners, and to define their liabilities and privileges, approved March 30, 1853, 62; amended May 13, 1854, 166; April 30, 1855, 216; April 19, 1856, 141; March 5, 1857, 60; April 7, 1857, 182; April 30, 1857, 360; and April 26, 1858, 302.] Fraudulent deeds purchasers for Subsequent purchasers with notice. Provisions for revocation, of grantor. Fraudulent Conveyances and Contracts. An Act concerning fraudulent conveyances and contracts. Passed April 19, 1850, 266. CHAPTER I. OF FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO LAND. 3145. SECTION 1. Every conveyance of any estate, or interest in lands, or the rents and profits of lands, and every charge upon lands, or the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void. 3146. SEC. 2. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser, who shall have legal notice thereof at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended. 3147. SEC. 3. Every conveyance or charge of or upon any estate or interest in lands, determination or containing any provision for the revocation, determination, or alteration of such estate, alteration at will or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked, or determined, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge. 3148. SEC. 4. When a power to revoke a conveyance of lands, or the rents and |