Forty-five-In the County of Sutter, on the first Monday of Terms of January, April, July, and October. Forty-six-In the County of Tehama, on the first Monday of January, March, May, July, September, and November. Forty-seven-In the County of Trinity, on the first Monday of January, March, May, July, September, and November. Forty-eight-In the County of Tulare, on the first Monday of March, June, September, and December. Forty-nine-In the County of Tuolumne, on the first Monday of January, May, and September. Fifty-In the County of Ventura, on the first Monday of February, June, and October. Fifty-one-In the County of Yolo, on the first Monday of January, April, July, and October. Fifty-two-In the County of Yuba, on the first Monday of January, April, and July, and second Monday of October. Fifty-three-Each of the regular terms of each County Court shall continue until the next regular term, unless the business of the Court is sooner disposed of. SEC. 3. Section ninety-nine of the Code of Civil Procedure is hereby amended so as to read as follows: County Courts. 99. The terms of the Probate Courts in and for the sev- Terms of eral counties of this State shall commence at the same time Probate fixed by law for the holding of the County Court in the several counties, and shall be always open for the transaction of business. CHAP. C.-An Act to amend section one hundred and thirteen of the Code of Civil Procedure, so as to change the time for the election of Justices of the Peace in the several counties of the State. [Approved February 25, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and thirteen of the Code of Civil Procedure is amended so as to read as follows: term. 113. Justices of the Peace are elected by the electors of Justices; their respective cities or townships at the general elections, election and and hold their offices for two years from the first day of January next following their election. Powers of Court Com CHAP. CLIV. An Act to amend section two hundred and fiftynine of the Code of Civil Procedure of the State of California. [Approved March 9, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and fifty-nine of the Code of Civil Procedure is hereby amended so as to read as follows: First-To hear and determine ex parte motions for orders missioners. and writs, except orders or writs of injunction in the District and County Courts of the county for which he is appointed. Second-To take proof and report his conclusions thereon, as to any matter of fact (other than an issue of fact raised by the pleadings) upon which information is required by the Court; but any party to the proceedings may except to such report within four days after written notice that the same has been filed, and may argue his exceptions before the Court, on giving notice of motion for that purpose. Third-To take and approve bonds and undertakings, whenever the same may be required in actions or proceedings in such District and County Courts, and to examine the sureties thereon, when an exception has been taken to their sufficiency, and to administer oaths and affirmations, and take affidavits and depositions, in any action or proceeding in any of the Courts of this State, or in any matter or proceeding whatever; and to take acknowledgments and proof of deeds, mortgages, and other instruments requiring proof or acknowledgment for any purpose under the laws of this State. Fourth-To charge and collect the same fees for the performance of official acts as are now or may hereafter be allowed by law to Notaries Public in this State for like services; provided, that this subdivision shall not apply to any services of such Commissioner, the compensation for which is now expressly fixed by law. Fifth-To provide, at the expense of the proper county, an official seal, upon which must be engraved the arms of this State, the words "Court Commissioner," and the name of the county in which such Commissioner resides. Sixth-To authenticate, with his official seal, his official acts. SEC. 2. This Act shall take effect from and after its passage. CHAP. DC.-An Act to amend sections two hundred and seventyfive and two hundred and seventy-nine of the Code of Civil Procedure, relating to attorneys and counselors at law. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and seventy-five of the admitted as attorneys. 275. Any citizen or person resident of this State who has who may be bona fide declared his or her intention to become a citizen in the manner required by law, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as attorney and counselor in all the Courts of this State. SEC. 2. Section two hundred and seventy-nine of the Code of Civil Procedure is amended to read as follows: other States. 279. Every citizen of the United States who has been Attorneys of admitted to practice law in the highest Court of a sister State, may be admitted to practice in the Courts of this State, upon the production of their license, and satisfactory evidence of good moral character, but the Court may examine the applicant as to their qualifications. SEC. 3. This Act shall take effect from and after its pas sage. CHAP. DXC.-An Act to amend section three hundred and twentyfive of the Code of Civil Procedure. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and twenty-five of the Code of Civil Procedure is hereby amended so as to read as follows: verse posses 325. For the purpose of constituting an adverse posses- what consion by a person claiming title, not founded upon a written stitutes adinstrument, judgment, or decree, land is deemed to have sion under been possessed and occupied in the following cases only: title not First-Where it has been protected by a substantial inclos- written. ure. Second-Where it has been usually cultivated or improved. Provided, however, that in no case shall adverse possession be considered established under the provision of any section or sections of this Code, unless it shall be shown that the land has been occupied and claimed for the period of five years. continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, State, county, or municipal, which have been levied and assessed upon such land. claim of Action may CHAP. LXXXV.-An Act to amend section five hundred and eighty-one of the Code of Civil Procedure, in reference to when cases in Court may be dismissed or nonsuit entered. [Approved February 25, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and eighty-one of the 581. An action may be dismissed, or a judgment of non be dismissed suit entered, in the following cases: or nonsuit entered. First-By the plaintiff himself, at any time before trial, upon payment of costs; provided, a counter claim has not been made or affirmative relief sought by the cross complaint or answer of defendant. If a provisional remedy has been allowed, the undertaking must thereupon be delivered by the Clerk to the defendant, who may have his action thereon. Second-By either party, upon the written consent of the other. Third-By the Court, when the plaintiff fails to appear on the trial and the defendant appears and asks for the dismissal. Fourth-By the Court, when, upon the trial and before the final submission of the case, the plaintiff abandons it. Fifth-By the Court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury. The dismissal mentioned in the first two subdivisions is made by an entry in the Clerk's register. Judgment may thereupon be entered accordingly. Motion for new trial. CHAP. CLXVI.-An Act to amend section six hundred and sixtythree of the Code of Civil Procedure. [Approved March 9, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and sixty-three of the Code of Civil Procedure is amended so as to read as follows: 663. A motion for a new trial may be brought to a hearing in the county where the action is tried, or in an adjoining county, or by consent in any other county in the State. CHAP.-DLXXIX.-An Act to amend section six hundred and ninety of the Code of Civil Procedure, in reference to property exempt from execution and forced sale. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and ninety of the Code of Civil Procedure is hereby amended so as to read as follows, viz.: 690. The following property is exempt from execution, What exexcept as herein otherwise specially provided: First-Chairs, tables, desks, and books, to the value of two hundred dollars, belonging to the judgment debtor. Second-Necessary household, table, and kitchen furniture. belonging to the judgment debtor, including one sewing machine, stoves, stove pipes, and furniture, wearing apparel, beds, bedding, and bedsteads, hanging pictures, oil paintings, and drawings drawn or painted by any member of the family, and family portraits and their necessary frames, provisions actually provided for individual or family use sufficient for three months, and three cows and their sucking calves, four hogs with their sucking pigs, and food for such cows and hogs for one month. Third-The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars, and seventy-five bee hives, and one horse and vehicle belonging to any person who is maimed or crippled, and the same is necessary in his business. Fourth-The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records, and office furniture of a Notary Public; the instruments and chest of a surgeon, physician, surveyor, or dentist necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers, and music teachers, and their necessary office furniture; also, the musical instruments of music teachers actually used by them in giving instructions, and all the indexes, abstracts, books, papers, maps, and office furniture of a searcher of records, necessary to be used in his profession. Fifth-The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules, or oxen, with their empt from execution. |