Bailiff SEC. 8. And the Bailiff heretofore appointed by the Sheriff transferred. of the City and County of San Francisco, to act as Bailiff or Deputy Sheriff of said Third Judicial District Court, shall be transferred as the Bailiff of the said Twenty-third Judicial District Court; the salary of said Deputy Sheriff or Bailiff to remain the same. Suits pend. ing in certain Court SEC. 9. Suits brought and matters pending in the District Court of the Third Judicial District, in and for the City and where heard. County of San Francisco, shall be heard and determined in the District Court of the Twenty-third Judicial District, in and for said City and County of San Francisco, as if such matters had been commenced in the District Court of that district, and the processes of said District Court shall be effectual for all purposes as if the same were issued from the District Court of the Twenty-third Judicial District; and the records of the District Court of the Third Judicial District, in and for said City and County of San Francisco, shall remain the records and papers of the Twenty-third Judicial District Court. Terms of SEC. 10. The terms of the District Court of the Twentythird Judicial District shall commence as follows: On the third Monday of April, August, and December of each year. SEC. 11. This Act shall take effect on the fifteenth day of April, 1878. Appoint. ment of Clerk. CHAP. DXCIX.-An Act in relation to the Police Judge of the [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Police Judge of the City of San Luis Obispo, in San Luis Obispo County, may appoint a Clerk, with such compensation, by way of salary or fees, as the Common Council of said city may by ordinance provide; and the said Police Judge shall be entitled to receive the same compensation in all criminal cases and examinations that is allowed to Justices of the Peace for like services. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. DC.-[See volume of Amendments to the Codes.] CHAP. DCI.-An Act to create a new Court in the City and [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. There shall be and is hereby established, Court within the City and County of San Francisco, a Municipal established. Court, to be called and known by the name of the Municipal Court of Appeals of the City and County of San Francisco. ment of Judge. SEC. 2. A Judge of said Court shall be elected in the Appointsame manner as the County Judge of San Francisco, and at the same time and for the same term; provided, that immediately after the passage of this Act the Governor shall appoint and commission some suitable person, a citizen of San Francisco, as Judge of said Court, who shall hold such office until the next general judicial election, and until his successor is elected and qualified. When a vacancy occurs Vacancy; in the office of Judge of said Court, it shall be filled by the how filled. Governor by the appointment of some suitable person for the unexpired term. SEC. 3. The said Court shall hold its sessions in such Sessions; place, in the City and County of San Francisco, as shall be where held. provided for that purpose by the Board of Supervisors of said city and county. SEC. 4. The said Court shall be a Court of record, and Power of shall have a seal, to be devised by the first Judge of said Court. Court, a description of which shall be entered on the minutes of said Court and filed in the office of the Secretary of State; and the said Court shall have the same power as the County Court to regulate its forms of process and proceedings and to make rules for its own government. SEC. 5. All writs and process issued out of said Court Form of shall be of the same form and effect as those issued out of writs. the County Court. In cases where an appeal may be from said Court, it shall be taken in the same way as appeals are or may be taken from the County Court. SEC. 6. All laws regulating proceedings and fees in the Laws County Court and on appeal, so far as they are not inconsist- applicable. ent with this Act, shall be applicable to the said Municipal Court of Appeals. SEC. 7. The Sheriff and County Clerk of the said city Sheriff and and county shall, respectively, be the Sheriff and Clerk of Clerk. said Court, and shall provide the same with deputies, the same as are provided for the County Court, and at the same salaries, paid in the same wav, out of the General Fund. SEC. 8. The Judge of said Court shall have the same Power of power as the Judge of the County Court to take and certify Judge. affidavits and judicial oaths; he shall be a conservator of the peace, and shall have the same power and duties as the County Judge as a Magistrate. SEC. 9. The Judge of said Municipal Court of Appeals shall receive the same amount of salary as the County Judge of said city and county, to be paid in the same manner and out of the same fund. SEC. 10. Said Court shall possess the same power and jurisdiction in all civil appeal cases as is possessed by the said County Court of said city and county. SEC. 11. From and after the organization of said Court, all appeal papers, in civil cases, theretofore sent to said County Court, shall, in the same manner, be transmitted by the proper officers to said Municipal Court of Appeals, for trial and determination therein, in the same manner as if tried and determined in said County Court. SEC. 12. Immediately after the organization of said Court, the Clerk of said County Court shall transmit to said Municipal Court of Appeals all papers in civil cases of appeal, then pending and undetermined in said County Court, and thereupon said Municipal Court of Appeals shall have full power and jurisdiction over the same, and shall proceed to try and determine the same, in the same manner and with the same power and to the same effect, as the same might or could have been tried and determined in the said County Court. SEC. 13. The terms of said Court shall be the same as are established by law for the County Court of said city and county, and the mode of summoning, drawing, and impanneling juries in said Court shall be the same as are established by law for the said County Court. SEC. 14. This Act shall take effect from and after its passage. CHAP. DCII.-[See volume of Amendments to the Codes.] CHAP. DCIII.-[See volume of Amendments to the Codes.] CHAP. DCIV.-[See volume of Amendments to the Codes.] CHAP. DCV.-[See volume of Amendments to the Codes.] CHAP. DCVI.-[See volume of Amendments to the Codes.] CHAP. DCVII.-An Act in relation to warehouse and wharfinger receipts, and other matters pertaining thereto. [Approved April 1, 1878.] The People of the State of California, represented in Senate and goods. SECTION 1. That no warehouseman, wharfinger, or other Issuance of person, doing a storage business, shall issue any receipt or receipt for voucher for any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons purporting to be the owner or owners thereof, unless such goods, wares, merchandise, grain, or other produce or commodity, shall have been bona fide received into store by such warehouseman, wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt. money upon SEC. 2. That no warehouseman, wharfinger, or other Issuing of person engaged in the storage business, shall issue any receipt receipt or other voucher upon any goods, wares, merchan- security for dise, grain, or other produce or commodity, to any person or loaned. persons, as security for any money loaned, or other indebtedness, unless such goods, wares, merchandise, grain, or other produce or commodity, shall be, at the time of issuing such receipt, the property of such warehouseman, wharfinger, or other person, shall be in store and under control at the time of issuing such receipt or voucher as aforesaid. SEC. 3. That no warehouseman, wharfinger, or other person as aforesaid, shall issue any second receipt for any goods, wares, merchandise, grain, or other produce or commodity, while any former receipt for any such goods or chattels as aforesaid, or any part thereof, shall be outstanding and uncanceled. receipt is SEC. 4. That no warehouseman, wharfinger, or other Removal of person as aforesaid, shall sell or incumber, ship, transfer, or goods when in any manner remove beyond his immediate control, any issued. goods, wares, merchandise, grain, or other produce or commodity for which a receipt shall have been given as aforesaid, without the written assent of the person or persons holding such receipt or receipts plainly indorsed thereon in ink. classed. SEC. 5. Warehouse receipts for property stored shall be Receipts of two classes: First, transferable or negotiable; and, second, non-transferable or non-negotiable. Under the first of these classes, all property shall be transferable by the indorsement of the party to whose order such receipt may be issued, and such indorsement of the party shall be deemed a valid transfer of the property represented by such receipt, and may be in blank or to the order of another. All warehouse receipts for property stored shall distinctly state on their face for what they are issued, as, also, the brands and distinguishing marks; and in the case of grain, the number of sacks, and number of pounds, and kind of grain; also, the rate of storage per month or season charged for storing the same. Receipt to be indorsed, Loss by fire. Felony. SEC. 6. No warehouseman, or other person or persons, giving or issuing negotiable receipts for goods, grain, or other property on storage, shall deliver said property, or any part thereof, without indorsing upon the back of said receipt or receipts, in ink, the amount and date of the deliveries. Nor shall he or they be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt or receipts issued for the same, when called upon to deliver said goods, merchandise, grain, or other property. SEC. 7. No warehouseman, or person or persons, doing a general storage business, giving or issuing non-negotiable or non-transferable receipts for goods, grain, or other property on storage, shall deliver said property, or any part thereof, except upon the written order of the person or persons to whom the receipt or receipts were issued. SEC. 8. All receipts issued by any warehouseman or other person under this Act, other than negotiable, shall have printed across their face, in bold distinct letters, in red ink, the words non-negotiable. SEC. 9. No warehouseman, person or persons, doing a general storage business, shall be responsible for any loss or damage to property by fire while in his or their custody, provided reasonable care and vigilance be exercised to protect and preserve the same. SEC. 10. Any warehouseman, wharfinger, person or persons, who shall violate any of the foregoing provisions of this Act, is guilty of felony, shall be subject to indictment, and, upon conviction, shall be fined in a sum not exceeding five thousand dollars ($5,000), or imprisonment in the State Prison of this State not exceeding five years, or both. And all and every person aggrieved by the violation of any of the provisions of this Act may have and maintain an action against the person or persons violating any of the foregoing provisions of this Act, to recover all damages, immediate or consequent, which he or they may have sustained by reason of any such violation as aforesaid, before any Court of competent jurisdiction, whether such person shall have been convicted under the Act or not. certain officers. CHAP. DCVIII.-An Act to fix the compensation of the Under- [Approved April 1, 1878.] The People of the State of California, represented in Senate and Salaries of SECTION 1. Salaries shall be allowed and paid to the Under-Sheriff, Deputy Sheriffs, and County Jailers, of the County of Alameda, as in this Act provided and not otherwise, and shall be in full compensation of all official services done or to be done by them, and required of them in each of |