An Act relating to appeals.

Approved March 23, 1864; 1863-4, 223.

Appeals in partition cases.

688. § 1. In addition to appeal provided for by section three hundred and thirty-six of an act to regulate proceediugs in civil cases in the courts of justice of this State, passed April twenty-ninth, A.D. eighteen hundred and fiftyone, an appeal may be taken from the judgment or decree of the court in cases of partition, which determines the right of the several parties and directs partition to be made; provided, that upon the filing the bond mentioned in section three hundred and forty-eight of an act entitled an act to regulate proceedings in civil cases, passed April twenty-ninth, eighteen hundred and fifty-one, all proeedings in the case pending the appeal shall be stayed.

[28 Cal. 320; 30 Cal. 11; 31 Cal. 207.]

TENANTS IN COMMON, JOINT TENANTS AND COPARCENERS. An Act concerning tenants in common, joint tenants and coparceners. Approved March 6, 1857, 62.

Joint or several suits or defenses.

689. § 1. All persons holding as tenants in common, joint tenants, or coparceners, or any number less than all, may jointly or severally, bring or defend, any civil action for the enforcement or protection of the rights of such party.

[3 Cal. 59; 21 Cal. 202; 27 Cal. 418, 524; 30 Cal. 481; 31 Cal. 29; 32 Cal. 481, 493.

As to actions by tenants in common, joint tenants or coparceners, claiming under common source of title, to determine adverse claim, or establish common source of title, or declare a trust, or remove a cloud, see post, 726.1

POWER OF EX-JUDGES TO SETTLE STATEMENTS, ETC.

An Act to authorize district judges in certain cases to sign records and settle statements.

Approved April 12, 1859, 220.

Ex-judges to sign records, settle statements, exceptions, etc., when.

690. 1. It shall be lawful, from and after the passage of this act, for any district judge of this State, at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his court that he may have left unsigned, at the time of going out of office; also, to sign and settle statements on motions for new trials, and statements and bills of exceptions on appeal to the supreme court, subject to the same regulations and restrictions that now are, or hereafter may be, prescribed by law.

Legal force and effect.

691. § 2. Said records, when thus signed, and said statements and such bills of exceptions, when thus settled, shall have the same legal force and effect that they would be entitled to had they been signed or settled by the judge whilst in the exercise of his office.

Successors of ex-judges.

692. 3. This act shall not be deemed to take from the successors of any district judge the power to sigu any record, or to sign and settle any statement or bill of exceptions, as heretofore authorized by law.

SAN FRANCISCO EXEMPT FROM GIVING UNDERTAKINGS.

An Act to exempt the City and County of San Francisco from giving undertakings in certain cases.

Approved May 13, 1861, 350.

Undertakings not required.

693.

1. In any suit at law, or in equity, wherein the City and County of San Francisco is a party plaintiff, or defendant, no bond, written undertaking, or security, shall be required of said city and county, under the provisions of sections seventy-six, one hundred and two, one hundred and fifteen, and one hundred and twenty-two, of the act entitled an act to regulate proceedings in civil cases in the courts of justice in this State, passed April twenty-ninth, eighteen hundred and fifty-one, commonly called the "Civil Practice Act," and of the acts amendatory thereof and supplementary thereto, requiring of plaintiffs security in cases of arrest, replevin, injunction, and attachments, but on complying with the other provisions required by law, the said City and County of San Francisco shall have the same rights, remedies, and benefits, as if the undertakings, bond, or securities, were given and approved, as required by law in such cases.

SERVICE IN SAN BERNARDINO COUNTY,

An Act defining the mode of serving civil process in the County of San Bernardino.

Approved May 17, 1861, 480.

Sheriff, his deputy or appointee only, to serve process. 694. § 1. The sheriff of San Bernardino County, or his deputies, or some person specially appointed by him, shall serve all civil process emanating from the district court,

county court, and probate court, in said county; and it shall not be lawful for any other person to serve any civil process emanating from said courts within said county; provided, that the judge of either of the said courts, may, in case of disability on the part of the sheriff, appoint some suitable person to serve process.

§ 2. All acts, or parts of acts, in conflict with the provisions of this act, are hereby repealed.

DEPOSITIONS IN FOREIGN COUNTRIES.

An Act to authorize the taking of depositions in foreign countries. Approved May 20, 1861, 553.

Depositions in foreign country may be taken, when.

695. 1. The testimony of a witness in a foreign country may be taken by deposition in any civil action pending in any of the district courts of this State, at any time after the service of the summons, or the appearance of the defendant; and in a special proceeding, at any time after a question of fact has arisen therein.

Commission.

696. § 2. The deposition of a witness in a foreign country shall be taken upon commission issued from a district court, under the seal thereof, upon an order of such court, or the judge thereof, on the application of either party, upon five days' previous notice to the other. It shall be issued to a person, or persons, agreed upon between the parties, or if they do not agree, to any person, or persons, nominated by the court, or judge, granting the commission.

Interrogatories.

697. § 3. Such proper interrogatories, direct and cross, as the respective parties may prepare, to be settled, if the parties disagree as to their form, by the court, or judge, granting the order for the commission, at a day fixed in the order, may be annexed to the commission, or when the parties agree to that mode, the examination may be without written interrogatories.

Authority of commissioner.

698. 4. The commission shall authorize the commissioner to administer an oath to the witness, and to take his deposition in answer to the interrogatories, or, when the examination is to be without interrogatories, in respect to the question in dispute, and to certify the deposition to the court in a sealed, or closed, envelope, directed to the clerk, or other person, designated, or agreed upon, and forward to him by mail, or other usual channel of conveyance.

Legal objections. Deposition for either party.

699. 5. When a deposition has been once taken in accordance with the provisions of this act, it may be subject to legal objections, be read in evidence in any stage of the same action, or proceeding, by either party, and shall then be deemed the evidence of the party reading it.

$6. This act shall take effect from and after its passage.