custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

Cal. C. Civ. P. 1214.

[C. L. § 3826.

not nullified by reason of the grand jury taking a recess for more than three months. Ex parte Harris, 4 U. 5; 5 P. 129.

A warrant of commitment for contempt for refusing to answer a question before the grand jury is 3364. Bail bond. Form. When a direction to let the person arrested to bail is contained in the warrant of attachment, or indorsed thereon, he must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant, and abide the order of the court or judge thereon, or that the sureties will pay, as may be directed, the sum specified in the warrant. [C. L. $3827.

Cal. C. Civ. P. 1215.

3365. Officer's return of warrant and bond. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein. [C. L. § 3828.

Cal. C. Civ. P. 2 1216.

3366. Court must hear defendant. Witnesses. Adjournment. When the person arrested has been brought up or has appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him; for which an adjournment may be had from time to time, if necessary. [C. L. § 3829.

Cal. C. Civ. P. 1217.

3367. Judgment. Penalty. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding two hundred dollars, or he may be imprisoned not exceeding five days, or both. [C. L. § 3830.

Cal. Civ. C. P. ? 1218*.

3368. Court may impose damages to indemnify party injured. Bar. If an actual loss or injury to a party in an action or special proceeding, prejudicial to his right therein, is caused by the contempt, the court, in addition to the fine or imprisonment imposed for the contempt, or in place thereof, may order the person proceeded against to pay the party aggrieved a sum of money sufficient to idemnify him and to satisfy his costs and expenses; which order and the acceptance of money under it is a bar to an action by the aggrieved party for such loss and injury.

Mine. (1894) 6167.

A distinction exists between that class of contempt proceedings wherein it is sought to vindicate the authority of the court, or where the attempts consist in the doing of a forbidden act injurious to the opposite party, wherein the process is crim

inal in its nature and conviction is followed by fine or imprisonment, and that other class of contempts where the proceeding is intended for the benefit or advantage of the opposite party. Snow v. Snow, 13 U. 15; 43 P. 620.

3369. Imprisonment to compel performance. When the contempt consists in the omission to perform an act enjoined by law, which is yet in the power of the person to perform, he may be imprisoned until he has performed it, or until released by the court, and, in that case, the act must be specified in the warrant of commitment. [C. L. § 3831.

Cal. C. Civ. P. ? 1219*.

Elliot v. Whitmore, 10 U. 246; 37 P. 461. Applied Applied to case of violation of an injunction in in Ex parte Harris, 4 U. 5; 5 P. 129.

3370. Proceeding upon failure of defendant to appear. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prose

cuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding. [C. L. § 3832.

Cal. C. Civ. P. ? 1220.

3371. Illness of defendant excuses officer. Unnecessary restraint forbidden. Whenever by the provisions of this chapter, an officer is required to keep in custody a person arrested on a warrant of attachment, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant, in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. [C. L. § 3833.

Cal. C. Civ. P. ? 1221.

3372. Disobedience of order of referee, board, etc., reported to district judge. Attachment. Whenever authority is given to any person, officer (other than a judicial officer), referee, board, or committee, to issue process to compel the attendance of witnesses or the production of books or papers before such person, officer, referee, board, or committee, and any person duly subpœnaed to appear and give evidence or to produce any books or papers, shall neglect or refuse to appear or to produce such books or papers according to the requirement of such subpoena, or shall refuse to testify, or to answer any question which said person, officer, referee, board, or committee shall decide to be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of the person, officer, referee, board, or committee, as the case may be, to report the fact to the judge of the district court of the county, who shall thereupon issue an attachment in the form usual in the district court, directed to the sheriff of the county, commanding him to attach said person and forthwith bring him before the judge by whose order such attachment was issued.

Wis., S. & B. An. C. (1889) 4066**.

3373. Id. Hearing before judge. Penalty. On the return of the attachment and the production of the body of the defendant, the said judge shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceeding shall be had, and the same penalty may be imposed, and the same punishment inflicted, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil case before a district judge.

Wis., S. & B. An. C. (1889) ? 4066*.

CHAPTER 50.

JUDICIAL KNOWLEDGE.

3374. Courts take judicial notice of what. Reference to appropriate books, etc. Courts take judicial notice of the following facts:

1. The true signification of all English words and phrases, and of all legal expressions.

2.

Whatever is established by law.

3. Public and private official acts of the legislative, executive, and judicial departments of this state and of the United States.

4. The seals of all the courts of this state and of the United States.

5. The accession to office and the official signatures and seals of office of the principal officers of government in the legislative, executive, and judicial departments of this state and of the United States.

6. The existence, title, national flag, and seal of every state or sovereign recognized by the executive power of the United States.

public.

The seals of courts of admiralty and maritime jurisdiction, and of notaries

8. The laws of nature, the measure of time, and the geographical divisions and political history of the world.

In all these cases the court may resort for its aid to appropriate books or documents of reference. [C. L. § 3875.

Cal. C. Civ. P. 1875.

The court will take judicial knowledge of its officers. People v. Lyman, 2 U. 30.

Courts take judicial notice of statutes and authoritative decisions of courts within their jurisdiction. People v. Hopt, 3 U. 396; 4 P. 250.

Population of a city as shown by public census will be taken judicial notice of. People v. Page, 6 U. 353; 23 P. 761.

Courts take judicial notice of the entries in legislative journals required to be kept by the constitution. Ritchie v. Richards, 14 U. 345; 47 P. 670.

CHAPTER 51.

PUBLIC WRITINGS.

3375. Citizens may inspect and copy public writings. Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. [C. L. § 3881.

Cal. C. Civ. P. 1892.

3376. Public officer to furnish copy on payment of fee. Every public officer having the custody of a public writing which a citizen has the right to inspect, is bound to give him, on demand, a certified copy of it, on payment of the legal fees therefor. [C. L. § 3882.

Cal. C. Civ. P. 1893.

3377. Public and private statutes defined. Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations. [C. L. § 3883.

Cal. C. Civ. P. ? 1898.

Pleading private statute, ? 2993. Private statute as evidence, ? 3382.

3378. Kinds of public writings. Public writings are divided into four classes:

4.

Public records, kept in this state, of private writings. [C. L. § 3884.

Cal. C. Civ. P. ? 1894.

Books

3379. Statutes of other states, etc., admitted in evidence. purporting to be printed or published under the authority of another state or a territory, or foreign country, and to contain the statutes, code, or other written law of said state, territory, or country, or proved to be commonly admitted in the tribunals of such state, territory, or country as evidence of the written law thereof, are admissible in this state as evidence of such law. [C. L. § 3885.

Cal. C. Civ. P. ¿ 1900*.

3380. Properly certified law, etc., of another state admitted in evidence. A copy of the written law or other public writing of any other state, or of a territory, or a foreign country, attested by the certificate of the officer having charge of the original under the public seal of the state, territory, or country, or attested by the certificate of the keeper thereof and the seal of his office

annexed, if there be a seal, together with the certificate of the presiding justice of the county, parish, or district, in which such office may be kept, or of the governor, secretary of state, or chancellor, or, if of a foreign country, the certificate of the minister or ambassador, or a consul, vice-consul, or consular agent of the United States in such foreign country, that the attestation of such keeper is in due form and by the proper officer, is admissible as evidence of such law or writing. [C. L. § 3886.

Cal. C. Civ. P. 1901*.

3381. Unwritten law of another state, etc., how proved. The oral testimony of witnesses skilled therein is admissible as evidence of the unwritten law of another state, or of a territory, or of a foreign country, as are also printed and published books of reports of decisions of the courts of such state, territory, or country, commonly admitted in such courts. [C. L. § 3887.

Cal. C. Civ. P. ? 1902.

3382. Effect of recitals in statutes. The recitals in a public statute are conclusive evidence of the fact recited, for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further. [C. L. § 3888. Private statute defined, 23377.

Cal. C. Civ. P. 1903.

3383. Judicial record defined. A judicial record is the record or official entry of the proceedings in a court of justice, or of the official act of a judicial officer, in an action or special proceeding. [C. L. § 3889.

Cal. C. Civ. P. 1904.

3384. Id. Of court within the United States, how proved. A judicial record of this state, or of the United States, may be proved by the production of the original, or by a copy thereof certified by the clerk or other person having the legal custody thereof. That of another state or of a territory may be proved by the attestation of the clerk and the seal of the court annexed, if there be a clerk and seal, together with a certificate of the chief judge or presiding magistrate, that the attestation is in due form. [C. L. § 3890.

Cal. C. Civ. P. 1905.

3385. Id. Of foreign country, how proved. A judicial record of a foreign country may be proved by the attestation of the clerk, with the seal of the court annexed, if there be a clerk and seal, or of the keeper of the record, with the seal of his office annexed, if there be a seal, together with a certificate of the chief judge or presiding magistrate, or minister, or ambassador, or a consul, vice-consul, or consular agent of the United States, in such foreign country, that the attestation is in due form and by the proper officer. [C. L. § 3891.

Cal. C. Civ. P. ¿ 1906".

3386. Id. Other proof. A copy of the judicial record of a foreign country is also admissible in evidence upon proof:

1.

That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it.

2.

That such original was in the custody of the clerk of the court, or other legal keeper of the same; and,

3.

That the copy is duly attested by a seal which is proved to be the seal of the court where the record remains, if it be the record of a court; or, if there be no such seal, or if it be not a record of a court, by the signature of the legal keeper of the original. [C. L. § 3892.

Cal. C. Civ. P. 1907.

3387. Other official documents, how proved. Other official documents may be proved as follows:

1. Acts of the executive of this state, by the records, and of the United States, by the records of the departments of the United States certified by the

heads of those departments respectively. They may also be proved by public documents, printed by the order of the legislature or congress, or either house thereof.

2. The proceedings of the legislature of this state or of congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk, or printed by their order.

The acts of the executive or the proceedings of the legislature of another state or of a territory in the same manner.

4. The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some public act of the executive of the United States.

5. Acts of a municipal corporation of this state or of a board or department thereof, by a copy certified by the legal keeper thereof, or by a printed book published by the authority of such corporation.

6.

Documents of any other class in this state, by the original, or by a copy, certified by the legal keeper thereof.

7. Documents of any other class in another state or a territory, by the original, or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, circuit, district, or county court, or mayor of a city of such state or territory, that the copy is duly certified by the officer having the legal custody of the original.

8. Documents of any other class in a foreign country, by the original, or by a copy, certified by the legal keeper thereof, with a certificate under the seal of the country or sovereign, or with the certificate of the minister or ambassador, or a consul, or vice-consul, or consular agent of the United States in such foreign country, that the document is a valid and subsisting document of such country and that the copy is duly certified by the officer having the legal custody of the original.

9. Documents in the departments of the United States government, by the certificate of the legal custodian thereof. [C. L. § 3893.

Cal. C. Civ. P. 1918*.

3388. Public record of private writing, how proved. A public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record. [C. L. § 3894.

Cal. C. Civ. P. 1919.

3389. Entries in official records prima facie evidence. Entries in public or other official books or records, made in the performance of his duty by a public officer of this state, or by any other person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts stated therein. [C. L. § 3895.

Cal. C. Civ. P. 1920.

In order to introduce evidence of the local mining law of a district, it is necessary that it should be made to appear aliunde that the copy offered comes from the proper custodian, and that such person was empowered to give certified copies thereof, so as to become evidence, and that such was a copy of the laws in force in such district. Roberts v. Wilson, 1 U. 292.

Exemplification of United States patent for a mining claim, authenticated by the commissioner of the general land office, is evidence equally with the original, and is admissible without the proof hereby required to authorize the admission of certified copies. Bullion-Beck & Champion M'g Co. v. Eureka Hill M'g Co., 5 U. 3; 11 P. 515.

3390. Judgment of justice of another state, etc., how proved. transcript from the record or docket of a justice of the peace of another state, or of a territory, of a judgment rendered by him, of the proceedings in the action. before the judgment, of the execution and return, if any, subscribed by the justice and verified in the manner prescribed in the next section, is admissible evidence of the facts stated therein. [C. L. § 3896.

Cal. C. Civ. P. 2 1921.