and the receiver shall remain in possession of the claim or claims, so long as said action may remain undetermined in any court. The court in which the action may be pending, shall have the authority upon the application of either party, with two days' notice to the other, from time to time, to make such orders for the disposition of the proceeds or such claim or claims, for the safety of the same, as may seem proper. The court in which the action may be pending, shall also have power, upon application of the receiver, based upon his affidavit, to punish as for contempt, all persons who have been guilty of disturbing the receiver in the possession of the claims.

652. [1854.] The receiver mentioned in the last section, shall keep an accurate account of all the proceeds of the claim pending the action, and of all amounts paid out for working the same, and shall retain the proceeds and pay the same over, pursuant to the order of the court. The receiver shall also be required, on demand of either party to give security for the faithful performance of his trust, and shall be allowed for the same a reasonable compensation, to be paid out of the proceed of the claim in his hands, but in no case exceeding ten per cent. upon such proceeds.

653. [1854.] Writs of certiorari and mandamus, may be issued in the cases prescribed by said act, by a judge of the supreme court, district court, or county court, in vacations, and may in the discretion of the judge issuing the writ, be made returnable, and a hearing may be bad on the return thereof in the vacation.

See Secs. 456, 467.

654. [1854.] Whenever property has been taken by an officer, under a writ of attachment, in pursuance of the provisions of said act, and it shall be made to appear satisfactorily to the court, or a judge thereof, or a county judge, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in court to abide the judgment in the action. Such order shall be made only upon notice to the adverse party, or his attorney, in case such party has been personally served with a summons in the action.

See Secs. 130, 221.

[1854.] A copy of any record, document, or paper in the y of a public officer of this state, or of the United States, within state, certified under the official seal, or verified by the oath of such officer, to be a true, full and correct copy of the original in his custody, may be read in evidence in an action or proceeding in the courts of this state, in the like manner and with the like effect, as the original could be if produced.

See Secs. 448, 449.

656. [1854.] When two or more persons associated in any businesss, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates, but the judgment in such cases shall bind only the joint property of the associates.

657. [1854.] All decisions given upon an appeal, in any appellate court of this state, shall be given in writing, with the reason therefor, and filed with the clerk of the court, but this section shall not apply to actions tried with a jury anew in the county court, or on appeal from a justice's court.

658. [1854.] A defendant against whom an action is pending, upon a contract or for specific personal property, may at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon the same contract, or for the same property, upon due notice to such person, and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the the court may direct, and the court may, in its discretion, make the order.

1. This order can only be made when it is certain that the only question is, whether the plaintiff or a third person is the true owner of the debt, fund or other property for which judgment is demanded.—Sherman v. Partridge, 4 Duer, 646.

659. [1854.] Any person shall be entitled to intervene in an action who has an interest in the matter in litigation, in the success of

either of the parties to the action, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant.

e

1. Sustained.--Brooks v. Hager, 5 Cal., 281; Sargeant v. Wilson, 5 Cal., 504; Yuba county v. Adams, 7 Cal., Jan. T.

2. The petition of an intervenor must be treated as a declaration or complaint.— People v. Talmage, 6 Cal., 256.

3. In an action to foreclose a mortgage upon property claimed as a homestead, the wife should be allowed to intervene.-Sargeant v. Wilson, 5 Cal., 504.

4. On intervention, if the proceedings between the debtor and a prior creditor, are not void, but voidable, the defendant can alone object.-Dixey v. Pollock, 7 Cal., Oct. T.

660. [1854.] A third person may intervene, either before or after issue has been joined in the cause.

661. [1854.] The intervention shall be by petition or complaint, filed in the court in which the action is pending, and it must set forth the grounds on which the intervention rests. A copy of the petition or complaint shall be served upon the party or parties to the action against whom anything is demanded, who shall answer it as if it were an original complaint in the action.

662. [1854.] The court shall determine upon the intervention at the same time that the action is decided; if the claim of the party intervening is not sustained, he shall pay all costs incurred by the intervention.

663. [1854.] On the trial of any action in a court of record, either party may require the clerk to take down the testimony in writing. 1. A transcript of which, certified by the clerk, is a substitute for a bill of exceptions or statement of facts in their absence.-Ingraham v. Gildemeester, 2 Cal., 161.

664. [1854.] The party obtaining the postponement of a trial, in any court of record shall also, if required by the adverse party, consent that the testimony of any witness of such adverse party, who is in attendance, be then taken by deposition before a judge or clerk of the court in which the case is pending, or before such notary public as the

court may indicate, which shall accordingly be done, and the testimony so taken may be read on the trial with the same effect, and subject to the same objections, as if the witness were produced.

665. [1854.] Whenever costs are awarded to a party by an appellate court, such party may have an execution for the same on filing a remittitur with the clerk of the court below, and it shall be the duty of such clerk whenever the remittitur is filed, to issue the execution upon application therefor; and whenever costs are awarded to a party by an order of any court, such party may have an execution therefor in like manner as upon a judgment.

1. When a remittitur is sent down, the clerk of the district court may issue execution for costs.—Mayor of Marysville v. Buchanan, 3 Cal., 212.

666. [1854.] Sections five, six, seven, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, of the act entitled "an act amendatory of and supplementary to the act entitled 'an act to regulate proceedings in civil cases in the courts of justice in this state,'" passed May eighteenth, one thousand eight hundred and fifty-three, are hereby repealed, and the sections amended by said amendatory act, shall stand revived as amended by this act.

667. [1854.] This act shall take effect on the first day of July, one thousand eight hundred and fifty-four.

1. This Section refers to Secs. 650, et seq.

AN ACT

CONCERNING FORCIBLE ENTRIES AND UNLAWFUL

DETAINERS.

PASSED APRIL 22, 1850.

The People of the State of California represented in Senate and Assembly, do enact as follows:

1. No person or persons shall hereafter make any entry into lands, tenements, or other possessions, but in cases where entry is given by law, and in such cases, not with strong hand nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine.

1. When a party of four or five men enter a building occupied by another, in the night time, during the hours of sleep, and take possession, and avow their intention to keep possession, and actually do so, it is sufficient evidence of force to maintain this action.-Scarlett v. Lamarque, 5 Cal., 63.

2. To sustain this action, actual force, threats of violence, or just apprehension of violence to person, must be shown to have existed, unless the detainer be riotous.— Frazier v. Hanlon, 5 Cal., 156; Willard v. Warren, 17 Wend., 257.

3. Facts amounting to a mere trespass, are not sufficient to maintain this action.— Frazier v. Hanlon, 5 Cal., 156.

4. This act is in derogation of the common law, and must be strictly construed.— House v. Keiser, 7 Cal., Oct. T.

2. Any justice of the peace shall have authority to inquire, as hereinafter directed, as well against those who make unlawful or forcible entry into lands, tenements, or other possessions, and detain the same, as against those who, having lawful and peaceful entry into lands, tenements, or other possessions, unlawfully detain the same;