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Form of writ of restitution.


The people of the State of California constable of the county, aforesaid: Whereas A. B., of the county of

day of

A. D.,

To the Sheriff, or any

at a Court of Inquiry of

an unlawful or forcible entry, or unlawful detainer (as the case may
be) held at my office (or state the place) in the county aforesaid, on
before me, a Justice of the
Peace for the county aforesaid, by the consideration of the court, hath
recovered judgment against C. D., to have restitution of (here de-
scribe the premises, as in the complaint). You are therefore com-
manded that, taking with you the force of the county, if necessary,
you cause the said C. D. to be immediately removed from the afore-
said premises, and the said A. B. to have peaceable restitution of the
same; and you are also commanded that, of the goods and chattels of
the said C. D., within said county, you cause to be made the sum of
dollars for the said plaintiff, together with the costs of suit
endorsed thereon, and make return hereof within thirty days from this
date. Given under my hand, this
A. D.,

E. F., Justice of the Peace.

-day of

Money of ac

count to be dollar, cent, and mill.

Accounts made

in other money not vitiated.

Judgments, etc., to be computed in dollars and cents.


AN ACT in relation to Money of Accounts of this State.-[Passed
April 4, 1850.]

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

SECTION 1. The money of account of this state shall be the dollar, cent, and mill; and all accounts in the public offices and other public accounts, and all proceedings in courts, shall be kept and had in conformity to this regulation.

SEC. 2. Nothing contained in the preceding section shall vitiate or affect any account, charge, or entry originally made, or any note, bond, or other instrument expressed in any other money of account, but the same shall be reduced to dollars or parts of dollars as before directed, in any suit thereupon.


SEC. 3. In all judgments and decrees rendered by any Court of Justice for any debt, damages, or costs, and in all executions issued

thereon, the amount shall be computed as near as may be in dollars and cents, rejecting smaller fractions, and no judgment or other proceedings shall be considered erroneous for such omission.


AN ACT to exempt Vessels coasting within the limits of this State from paying Pilot Dues. (1)-[Passed April 21, 1851.]

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

exempt from

SECTION 1. From and after the passage of this act, it shall not be Certain vessels lawful for any person whatsoever to exact and demand pilotage from pilotage. any steamer or sail vessel of any kind whatsoever, running from one port to another within the limits of this state, unless the services of a pilot should be demanded by the master, owner or owners, of said vessel, and the services performed by some commissioned pilot; when such services are demanded and performed, then the master, owner, or owners of said vessel shall pay the same fees as other vessels in similar cases.

SEC. 2. All laws or parts of laws conflicting with this act are Conflicting laws hereby repealed.



SEC. 3. The provisions of this act shall in no manner be so con- What not strued as to affect the act entitled "An Act in relation to the appointment of pilots for the bay and harbor of Humboldt."


AN ACT to prevent the importation of Convicts into this State.[Passed April 11, 1850.]

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

No person

person to bring into the

SECTION 1. No captain or master of any vessel, or any other or persons, shall knowingly or willingly import, bring, or send, or state any felon cause or procure to be imported, brought, or sent, or be aiding or

(1) See ante, page 88.

or convict, etc.

Penalty for offending.

Application of penalty.


of act.

assisting therein, into this state, by land or water, any felon, convict, or person under sentence of death or transportation, or any other legal disability incurred by a criminal prosecution, except for treason, or who shall be delivered or sent to him from any prison or place of confinement in any place without this state.

SEC. 2. Every person who shall offend against any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the county jail, for a term not less than three months, and shall forfeit any pay, moreover, the sum of one thousand dollars for each of such convicts so imported, brought, or sent into this state; one half of which penalty shall go to him or her who shall sue or prosecute for the same, and the other half to the county in which such prosecution shall be had.

SEC. 3. This act to take effect and be in force from and after thirty days publication of the same in the "Pacific News." (1)

Reporter of Supreme Court to be appointed.

Duty of reporters. Reports to be published.


AN ACT concerning the office of Reporter.-[Passed April 13, 1850.]

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

SECTION 1. The Justices of the Supreme Court shall, as soon as practicable, appoint some competent person to act as Reporter of the said court, who shall hold office until removed by the said Justices for cause shown.

SEC. 2. It shall be the duty of the said Reporter to report in an exact and accurate manner upon sheets regularly numbered in order:

First. The names of the parties to each and every action, civil or criminal, which may be brought before said Court for its de


Second. A brief statement of the cause of action and of the proceedings in the case, and a brief statement of the points made by counsel in each case, and of the authorities cited, subject to the supervision of the Justices, who are required to see that no matters

(1) Query-Whether this act was ever published 30 days in the “News."

shall be introduced in such statement more than are necessary to a clear understanding of the action.

Third. The opinions of the Justices at length, provided written opinions are furnished; if not, an abstract of the opinion of each of the Justices who may deliver an opinion in the case, subject to their supervision and correction.


SEC. 3. The Reporter shall cause the reports to be published as Reports to be soon as practicable in well bound octavo volumes: each volume to contain the reports of one year.

150 copies of


SEC. 4. The state of California hereby agrees with said Reporter State to purchase to purchase of him one hundred and fifty volumes of each volume of each volume of reports so published at the price of sixteen dollars per volume, to be distributed according to law.

porter may avail

SEC. 5. Any Reporter, duly appointed, may avail himself of the Any qualified reoffers herein made by executing to the Governor, for the use of the himself of offer by executing a state of California, a bond with two sufficient sureties to be approved bond as specified by him, in the penal sum of two thousand dollars, conditioned that he will within a reasonable time after reports sufficient in quantity to form a volume, according to the law, have been collected, and from time to time, according to law, cause said reports to be published and bound according to law, and that he will deliver to the Secretary of State of the state of California, for the use of said state, the number of volumes contracted for by law at the price specified by law. On the delivery of said volumes to the Secretary of State the Reporter shall be paid out of any money in the State Treasury not otherwise appropriated; and the certificate of the Secretary of State shall be sufficient authority for the Comptroller to audit the account. SEC. 6. It shall be the duty of the Secretary of State, as soon as Secretary of volumes of the reports are delivered to him according to law, to judges of receipt inform each of the Justices of the Supreme Court and each of the deliver copies on Judges of the District and County Courts, that such volumes have request. been received by him, and that they are ready for distribution; and it shall be his duty to deliver to each one of said Justices and Judges, upon their application, one volume of all numbered volumes, as he may receive them, which the said Justices and Judges shall hand over to their successors in office.

State to notify

of reports and

ports presump

SEC. 7. Each volume of such reports, and no other report or Volumes of rereports, shall be presumptive evidence of all matters and things tive evidence of therein contained in all Courts of Law within this state.



Common law of England to rule decisions of



AN ACT adopting the Common Law.-[Passed April 13, 1850.]

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

The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of the state of California, shall be the rule of decision in all the courts of this state.

Estates of intestates-how distributed.


AN ACT to regulate Descents and Distributions.—[Passed
April 13, 1850.]

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

SECTION 1. When any person, having title to any estate not otherwise limited by marriage contract, shall die intestate as to such estate, it shall descend and be distributed, subject to the payment of his or her debts, in the following manner: 1. If there be a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife, and child, or issue of such child. (1) If there be a surviving husband or wife, and more than one child living, or one child living, and the lawful issue of one or more deceased children, one third to the surviving husband or wife, and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child, by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants; and if all the said descendants are in the same degree of kindred to the intes tate, they shall share equally, otherwise they shall take according to the right of representation. 2. If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife, and to the intestate's father. If he or she shall leave no issue, or hus

(1) See Stat. 1850, page 255. Sec. 11.

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