No. 24. CH. CLXXXI, p. 133. An Act amendatory of, and supplementary to, an Act entitled "An Act to provide for the formation of Corporations for certain Purposes,” passed April 14, 1853; and an Act to amend "An Act to provide for the formation of Corporations," Etc., passed April 30, 1855. (Approved April 10, 1858.) Corporations for manufacturing, mining, mechanical, wharfing and dockage, chemical or agricultural purposes, or for the purpose of engaging in any species of trade or commerce, foreign or domestic, may be formed according to the provisions of this Act; such corporations and members thereof, being subject to all the conditions and liabilities herein imposed, and to none others; provided, that nothing in this section shall be so construed as to authorize a company formed under it to own or hold possession of more than fourteen hundred and forty acres of land, or to authorize an individual member of such company or association, in his corporate capacity, to hold, own or possess, a number of acres to exceed eighty; and, provided further, that no corporation formed under the provisions of the said Act of April 14, 1853, except those formed for agricultural purposes, shall own or hold possession of more real estate than shall be actually necessary for the prosecution of the business for which it was incorporated; and, provided further, that no corporations, formed for agricultural purposes, shall be allowed to hold any mineral lands under the provisions of this Act; provided, that no contract, valid in law, or right sacred in equity, shall be impaired by the retroactive force of this section.

No. 25. CH. CLXXXII, p. 134. An Act to provide for binding Minors as Apprentices, Clerks and Servants. (Approved April 10, 1858.) Every minor, male or female, with the consent of the persons or officers, hereinafter mentioned, may, of his or her own free will, bind himself or herself in writing, to serve as clerk, apprentice, or servant, in any profession, trade or employment; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or for any shorter time; and such binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement. Such consent shall be given: First, by the father of the infant. If he be dead or be not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a Justice of the Peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture, then: Second, by the mother. If the mother be dead, or be not in a legal capacity to give such consent or refusal, then: Third, by the guardian of such infant, duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then: Fourth, by the Supervisors of the county, or any two Justices of the Peace, or the Judge of the Probate Court of the county. Such consent shall be signified, in writing, by the person entitled to give the same by certificate at the end of or indorsed upon the indentures, and not otherwise. The executors of any last will of a parent, who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk, or apprentice, in like manner as the father might have done if living. The Supervisors of the county may bind out any child under the age above specified, who is or shall become chargeable to such county, to be clerks, apprentices, or servants, until they shall be of the ages above specified; which binding shall be as effectual as if such child had bound himself with the consent of his father. In every town or city, the presiding officer of the first council or legislative board thereof, if there be more than one, or any public officer or offi cers, appointed to provide for the poor, may, in like manner, bind out any child who, or whose parents are, or shall become, chargeable to any such town or city. The age of every infant, so bound, shall be inserted in the indentures, and shall be taken to be the true age without further proof thereof, and whenever any public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. The indentures shall set forth the amount agreed upon, and an agreement that said apprentice shall be instructed to read and write and taught the general rules of arithmetic, or be sent to school three months in each year of the period of indenture. Any white person capable of becoming a citizen of this State, coming from any other country, or State, or Territory, may bind him

or herself to service, if a minor, until his or her majority, or for any shorter term. Such contract, if made for the purpose of raising money to pay his or her passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age, but it shall in no case be for a longer term. No contract made under the last section shall bind the servant, unless duly acknowledged by the person making such contract, before some public magistrate or other officer authorized to administer oaths, and such acknowledgment certifying that the same was made freely on a private examination, be indorsed upon the contract. Nothing in this Act shall concern, or in any manner affect or relate to Indians; and every person having one-half or more of Indian blood shall be deemed an Indian, within the provisions of this Act. Such indentures of apprenticeship, may be annulled and declared void by any District Court, or a Judge thereof, or by a County Court, or a Judge of such court, in the county where the master, or person to whom such apprentice is bound, shall reside, upon satisfactory proof of either of the following causes: First. Fraud in the contract of indentures. Second. When such contract is not made or executed in accordance with the provisions of this Act. Third. For willful non-fulfillment by such master, of the provisions of such indenture. Fourth. Cruelty, or mal-treatment of such apprentice, by the master, without just cause or provocation; and in such case, an account may be taken and adjusted by such Court or Judge, for any services rendered by the apprentice for the master, under the articles of such indenture; and, in case such indenture shall be annulled, judgment may be given for such sum as may be found equitably due the apprentice, on account of any services so performed by him for such master. Any person held to service under the provisions of this Act, and unlawfully departing and absenting himself or herself therefrom, upon the application of the master or mistress of such person, under oath, in writing, to the County Judge of the county, that such person has absented himself or herself without permission, the Judge may issue a writ reciting the substance of the affidavit, and commanding that such person be brought before him for examination, and may order the person held to service to the care and custody of the person legally entitled thereto. If such person persist in refusing to return, or returning, immediately absent himself or herself without leave, such Judge may order such person held to service, to be confined in the county jail, station house, or house of refuge, for such time as he may deem proper, not to exceed one month, or at the instance of the master or mistress, may annul the indentures. Any person who shall aid, assist, or encourage any person to run away, or harbor or conceal any person held to labor, knowing the same to be absent without leave of the master or mistress, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one hundred dollars.

No. 26. CH. CLXXXIV, p. 138. An Act amendatory of an Act entitled "An Act to establish a Standard of Weights and Measures," passed March 30, 1850; and to amend an Act entitled "An Act to amend an Act entitled An Act to establish a Standard of Weights and Measures," passed April 30, 1853. (Approved April 12, 1858.) Sec. 14. The Secretary of State shall be ex officio State Sealer of Weights and Measures; and he is hereby required to appoint a sufficient number of Deputy or County Sealers, who shall perform the duties required under existing laws regulating Weights and Measures, who shall hold office for the term of two years.-(Act of 1853.) It shall be the duty of the Deputy Sealers to procure a standard of weights and measures of the United States, which shall be examined and certified to by the Secretary of State. All persons using any weights, measures, or beams, by which any commodity or article of trade or traffic is weighed or measured, shall have the same certified to by the Deputy or County Sealer, at least once in each year. And any person hereafter using any such weights, measures, or beams, not conformable to the standard of the county in which such weights, measures, or beams are used; or without having such weights, measures, or beams, first certified to as aforesaid, shall be liable to a criminal prosecution therefor, and upon conviction, shall be fined in any sum not less than twenty-five, nor more than two hundred dollars for each offense. The Deputy, or County Sealers, shall have power to inspect, at any time in the day time, all such weights, and measures, or beams, at or in the places they are so used.

No. 27. CH. CXCII, p. 152. An Act to amend an Act entitled "An Act to regulate Proceedings in Civil Cases," passed April 29, 1851. (Approved April 15, 1858.) Law regulating Attachments. Sec. 120. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, in the following cases: First. Where the debtor is not a resident of this State. Second. Where the debtor has absconded or absented himself from his usual place of abode, or is about to abscond or absent himself, so that the ordinary process of law cannot be served upon him. Third. Where the debtor conceals himself, so that the ordinary process of law cannot be served upon him. Fourth. Where the debtor has removed, or is about to remove, any of his property or effects out of the State, to the injury of his creditors, or with the intent to hinder, delay, or defraud them. Fifth. Where the debtor has fraudulently conveyed, assigned, or otherwise disposed of, or is about to fradulently convey, assign, or otherwise dispose of his property or effects with the intent to hinder, delay, or defraud his creditors. Sixth. Where the debtor has fraudulently concealed, or is about to fraudulently conceal his property or effects, with the intent to hinder, delay, or defraud his creditors. Seventh. Where the debtor fraudulently contracted the debt, or incurred the obligation respecting which the suit is brought. Sec. 121. The Clerk of the Court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, showing: First. That the defendant is indebted to the plaintiff in a certain sum, (specifying the amount of such indebtedness) over and above all legal set-offs or counter-claims, upon a contract express or implied, for the direct payment of money, and that such contract was made, or is payable, in this State, and that the payment of the same has not been secured by any mortgage on real or personal property. Second. That the deponent has good reason to believe, and does believe, that one or more of the causes set forth in the several subdivisions of the next preceding section actually exists at the time of making the affidavit, reciting the facts upon which such belief is founded. Sec. 122. Before issuing the writ, the Clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, nor exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recover judgment, or if the attachment should be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damage which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking. Sec. 138. In all cases where property or effects shall be attached, the defendant, or any creditor of the defendant interested, may file a plea in the nature of a plea in abatement, under oath, putting in issue the truth of the facts alleged in the affidavit on which the attachment was sued out. Sec. 139. Upon such issue, the plaintiff shall be held to prove that the facts alleged by him in said affidavit as the grounds of the attachment, existed at the time of the issuance of the writ of attachment. Sec. 140. If the issue be found against the plaintiff, the attachment shall be dismissed at the cost of the plaintiff, and his sureties shall thereupon be liable upon the bond for all damages sustained by the defendant, in consequence of the issuing of the attachment. Sec. 551. In an action upon a contract, express or implied, made after the passage of this Act, for the direct payment of money, which contract is made or payable in this State, and is not secured by mortgage upon real or personal property, the plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment in all the cases specified in Section 120 of this Act. Sec. 552. A writ to attach the property of the defendant shall be issued by the Justice, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in Section 121 of this Act. Sec. 553. Before issuing the writ, the Justice shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, to the effect that, if the defendant recover judgment, or if the attachment be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment. The provisions of this Act shall apply only to contracts made and entered into after

the 1st day of July, 1858; all contracts made and entered into prior to the 1st day of July, 1858, or now in existence, payable after the 1st day of July, 1858, may be prosecuted and enforced under the Act to which this is amendatory.

No. 28. CH. CXCIII, p. 155. An Act supplemental to "An Act to Regulate Rodeos," passed April 30, 1851. (Approved April 15, 1858.) Whenever the owner, agent of the owner, or parties in possession of any cattle or stock shall desire to remove such cattle or stock from the range upon which they have been running for the space of one week or more, to another farm or range, thirty miles or more distant, they shall be required to give three days' notice to the neighbors having cattle or stock, before such removal, in order that said neighbors may get their cattle out; and shall be further required to give a general rodeo for that purpose. Any person failing or refusing to comply with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum not less than fifty dollars nor more than five hundred dollars, and shall be liable to any party aggrieved, in damages. All fines colletced under the provisions of this Act, shall be applied to the fund for the support and maintenance of the indigent sick, in the counties in which such fines may be collected.

No. 29. CH. CXCVII, p. 159. An Act the better to enable the Collection of Judgments in favor of the State. (Approved April 14, 1858.) The Attorney-General of the State or some other person, to be designated by him, may purchase for the use and benefit of the people of the State, any property sold for the satisfaction of any judgment in favor of the State, and he is also hereby authorized to execute the necessary papers to perfect said sale and transfer thereof. The Attorney-General of the State, with the advice and consent of the Board of Examiners, may redeem any property, upon which the State holds a claim, that may have been sold under any previous judgment, lien, etc. The Attorney-General is hereby authorized to take such steps as he may deem necessary for the prosecution and collection of any judgments referred to in this Act.

No. 30. CH. CCV, p. 164. An Act fixing the Times at which Representatives in Congress shall be Elected. (Approved April 15, 1858.) At the general election, in the year one thousand eight hundred and fifty-nine, and at the general election in each second year thereafter, there shall be elected such number of Representatives to the Congress of the United States as the State of California may be entitled to.

No. 31. CH. CCVIII, p. 165. An Act amendatory of, and supplementary to, an Act entitled "An Act to regulate Elections," passed March 20, 1850. (Approved April 15, 1858.) Any person who shall vote more than once at any one election, or knowingly hand in two or more tickets folded together, or change any ballot, after the same shall have been deposited in the ballot-box; or shall add, or attempt to add, any ballot or ballots to those legally polled at any election, either by fraudulently introducing the same into the ballot-box, before or after the ballots therein shall have been lawfully counted; or shall add to, or mix with, or attempt to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or shall carry away or destroy, or attempt to carry away or destroy, any poll-list, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election; or shall in any other manner so interfere with the officers holding such election, or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned in the State Prison, for a term not less than one year nor more than five years. If any Inspector, Judge, or Board of Judges, or Clerk of any election, shall aid in changing or destroying any poll-list, or placing any ballots in the ballot-box, or taking any therefrom, or shall add, or attempt to add, any ballot or ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein shall have been lawfully counted, or shall add to, or mix with, or attempt to add to or mix with the ballots lawfully polled, any other ballot or ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allow another to do so, when in their power to prevent it, or shall carry away

or destroy, or knowingly allow another to carry away or destroy, any poll-list, ballot-box, or ballots lawfully polled, shall be deemed guilty of a felony; and, on conviction, shall be imprisoned in the State Prison for a term of not less than one year, nor more than five years.

No. 32. CH. CCX, p. 171. An Act to Legalize and amend the County Records in the Counties of this State. (Approved April 15, 1858.) In any county of this State, where it shall appear to the Board of Supervisors that the records heretofore made are defective, by reason of defaced, mutilated, or imperfect indexing, it shall be the duty of the Clerk, or Recorder, upon the order of the Board of Supervisors, to have the same corrected, by making new indexes in place of such as are so defaced, mutilated, or imperfect; such new indexes shall contain all the names of the graptors and grantees, mortgagers and mortgagees, in every instrument recorded, and to which such indexes refer; provided, that the original indexes shall be carefully preserved in the office of the Clerk or Recorder, for reference; provided, that the provisions of this Act shall not apply to the counties of Sacramento, Nevada, Sierra and Placer. The fees for the services herein imposed shall be the same as allowed by law for like services in other cases, and be paid as other county debts.

No. 33. CH. CCXV, p. 176. An Act supplementary to, and amendatory of, "An Act to provide Revenue for the Support of the Government of this State," passed April 29, 1857. (Approved April 17, 1858.) All moneys on account of licenses for the sale of goods, wares and merchandise, of the classes specified in the ninth class and tenth class, in section ten of the Act entitled "An Act to provide Revenue for the support of the Government of this State," passed May 15, 1854, and all moneys received on account of licenses for the sale of liquors and wines, specified in the eleventh section of the Act aforesaid, and which licenses for goods, wares and merchandise, and for liquors and wines, are referred to in section three and four of an amendatory Act, passed April 27, 1855, shall be paid into the country treasury for county purposes.

No. 34. CH. CCXX, p. 181. An Act supplementary to an Act of A 30, 1855, concerning the Escape of Convicts from the State Prison. (Approved April 20, 1858.) There shall be an additional section concerning the escape of convicts from the State Prison, which shall read as follows: Sec. 3. The District Attorney of the county where such trial has been had, shall make out a statement of the costs incurred by the county for the trial of all such cases, properly certified to, by the County Judge of said county, which statement shall be sent on to the Board of State Examiners for their approval, and after such approval, the Controller of State is hereby authorized and required to draw his warrant for the same, in favor of said county.

No. 35. CH. CCXXXI, p. 192. An Act to abolish Public Executions. (Approved April 21, 1858.) That whenever, hereafter, any person shall be condemned to suffer death for any crime of which such person shall have been convicted, the said punishment shall be inflicted on such person within the walls or yard of the jail, or some convenient private place in the county in which such person shall have been convicted; and it shall be the duty of the Sheriff of said county to attend and be present at such execution, to which he shall invite the presence of a physician, the District Attorney of said county, and twelve respectable citizens, unless, in his discretion, a larger number be necessary, who shall be selected by the Sheriff, and the said Sheriff shall, at the request of the criminal, permit such ministers of the gospel, not exceeding two, as such person may name, and any of such person's relatives or friends, not to exceed five, to attend and be present at such execution, together with such officers of the prison, and such of the Sheriff's deputies, as the said Sheriff may think expedient, to witness said execution; provided, that no person under lawful age shall be permitted, on any account, to witness said execution.

No. 36. CH. CCXXXII, p. 193. An Act to Prohibit the Collection of Accounts for Liquors sold at Retail. (Approved April 21, 1858.) The purchase of, or the sale and delivery of any spirituous or malt liquors, wines or cider, by retail, or by the drink, is hereby declared to be an invalid consideration for any promise to pay, or assumpsit of account therefor, when such account or demand exceeds five dollars. No court shall, in any action at