What exempt from harness, and food for such horses, mules, or oxen for one execution. month, when necessary to be used in any whim, windlass, derrick, car, pump, or hoisting gear, and also his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars. Sixth-Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupé, one hack or carriage for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living, and one horse, with vehicle and harness, or other equipments, used by a physician, surgeon, constable, or minister of the gospel, in the legitimate practice of his profession or business, with food for such oxen, horses, or mules for one month. Seventh-Poultry not exceeding in value twenty-five dol lars. Eighth-The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of his family residing in this State, supported in whole or in part by his labor, but where debts are incurred by any such person, or his wife or family, for the common necessaries of life, the one-half of such earnings above mentioned are, nevertheless, subject to execution, garnishment, or attachment to satisfy debts so incurred. Ninth-The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars, if the person holding the shares is not the owner of a homestead under the laws of this State. All the nautical instruments and wearing apparel of any master, officer, or seaman of any steamer or other vessel. Tenth-All moneys, benefits, privileges, or immunities accruing, or in any manner growing out of any life insurance on the life of the debtor, if the annual premiums paid do not exceed five hundred dollars. Eleventh-All fire engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements, and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under any law of this State. Twelfth-All arms, uniforms, and accouterments required by law to be kept by any person, and, also, one gun to be selected by the debtor. Thirteenth-All Court-houses, jails, public offices, and buildings, lots, grounds, and personal property, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the jail and public offices belonging to any county, or to any city and county of this State, and all cemeteries, public squares, parks, and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this State. No article, however, or species of property mentioned in this section, is exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage thereon. CHAP. CXXV.-An Act to amend section eight hundred and ninety-five of the Code of Civil Procedure. [Approved March 2, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section eight hundred and ninety-five of the Code of Civil Procedure of the State of California is hereby amended so as to read as follows: compromise 895. If the defendant, at any time before the trial, offer, offer to in writing, to allow judgment to be taken against him for a before trial. specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum in excess of the offer, he cannot recover costs, but costs must be adjudged against him, and, if he recover, be deducted from his recovery. The offer and failure to accept it cannot be given in evidence nor affect the recovery, otherwise than as to costs. CHAP. XCI.-An Act to add section nine hundred and twentysix to the Code of Civil Procedure. [Approved February 25, 1878.] The People of the State of California, represented in Senate and SECTION 1. The following section is hereby added as a new section to said Code, and must be inserted in said Code after section nine hundred and twenty-five, and designated as section nine hundred and twenty-six: dertaking is 926. In all civil cases arising in Justices' Courts, wherein In cases an undertaking is required as prescribed in this Code, the where unplaintiff or defendant may deposit with said Justice a sum required. of money in United States gold coin equal to the amount required by the said undertaking, which said sum of money shall be taken as security in place of said undertaking. Appeal may be taken when. CHAP. CLXIV.-An Act to amend section nine hundred and sixty-nine of the Code of Civil Procedure. [Approved March 9, 878.] The People of the State of California, represented in Senate and SECTION 1. Section nine hundred and sixty-nine of the Code of Civil Procedure is hereby amended so as to read as follows: 969. An appeal may be taken to the Supreme Court from a judgment or order of the Probate Court First-Granting, or refusing, or revoking letters testamentary, or of administration, or of guardianship. Second-Admitting, or refusing to admit, a will to probate. Third-Against or in favor of the validity of a will, or revoking the probate thereof. Fourth-Against or in favor of setting apart property, or making an allowance for a widow or child. Fifth-Against or in favor of directing the partition, sale, or conveyance of real property. Sixth-Settling an account of an executor, or administrator, or guardian. Seventh-Refusing, allowing, or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy, or distributive share. Eighth Granting or overruling a motion for a new trial. Ninth Confirming, or refusing to confirm, a report of an appraiser setting apart the homestead. Unlawful detainer defined. CHAP. DXCVI.-An Act to amend section eleven hundred and sixty-one of the Code of Civil Procedure of the State of California. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section eleven hundred and sixty-one of the Code of Civil Procedure of the State of California is hereby amended so as to read as follows: 1161. A tenant of real property, for a term less than life, is guilty of unlawful detainer One-When he continues in possession, in person or by sub-tenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code. detainer Two-Where he continues in possession, in person or by Unlawful sub-tenant, without permission of his landlord, or the suc- defined. cessor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a sub-tenant in actual occupation of the premises, also upon such sub-tenant. Such notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of his term without any demand of possession or notice to quit by the landlord, or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year. Three-When he continues in possession, in person or by sub-tenant, after a neglect or failure to perform other conditions or convenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days' notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such sub-tenant. Within three days after the service of the notice, the tenant, or any sub-tenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture. A tenant may take proceedings, similar to those prescribed in this Chapter, to obtain possession of the premises let to an undertenant, in case of his unlawful detention of the premises underlet to him. Four-Any tenant or sub-tenant assigning or subletting or committing waste upon the demised premises, contrary to the covenants of his lease, thereby terminate the lease, and the landlord, or his successor in estate, shall, upon service of three days' notice to quit, upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of this Act. SEC. 2. This Act shall take effect from and after its passage. Unlawful detainer defined. CHAP. DCXXVII.-An Act to amend section one thousand one hundred and sixty-one of the Code of Civil Procedure. [Approved April 1, 1878.] The People of the State of California, represented in Senate and [SECTION 1.] Section one thousand one hundred and sixty-one is hereby amended to read as follows, to wit: 1161. A tenant of real property, for a term less than life, is guilty of an unlawful detainer: First-When he continues in possession, in person or by sub-tenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without permission of his landlord; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code. Second-Where he continues in possession, in person or by sub-tenants, without permission of his landlord, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him; and if there be a sub-tenant in actual occupation of the premises, also upon such sub-tenant. Such notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of his term, without any demand of possession or notice to quit by the landlord, he shall be deemed to be holding by permission of the landlord, and shall be entitled to hold, under the terms of the lease, for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent, on the part of a tenant, to hold for another year. Third-When he continues in possession, in person or by sub-tenants, after a neglect or a failure to perform other conditions or covenants of the lease or agreement under which the property is held, than the one for the payment of rent, and three days' notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him; and if there be a sub-tenant in actual occupation of the premises, also upon such sub-tenant. Within three days after the service of the notice, the tenant or any sub-tenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in the continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the covenants and conditions of lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his sub-tenant demanding the performance of the violated cove |