than ten per cent discount upon the amount represented by the bonds so sold, with the interest which may be due and represented by coupons at the time of such sale; and all sales shall be made for gold coin of the United States, and the proceeds shall be set apart in the Treasury, and constitute the "Blind Asylum Building Fund."

Asylum, etc.

SEC. 10. The Trustees of the Deaf, Dumb, and Blind Asylum, Erection and upon approved plans and specifications, which shall be filed in furnishing the office of the Secretary of State, shall contract, upon sureties, which shall be approved by the Governor, for the erection and furnishing of the Asylum in a complete manner; provided, it shall not involve more expenditure than will be covered by the amount realized from the sale of the Asylum bonds issued under this Act.

SEC. 11. All claims for material, labor, and charges incurred claims to be in constructing and furnishing the Deaf, Dumb, and Blind Asy. certified, etc. lum, in accordance with the plans above mentioned, shall be certified by the Board of Trustees, and upon approval by the Board

of State Examiners, the Controller of State shall draw his war- Payment of. rant for the amount of such claim in favor of the person or persons to whom it is due, and the Treasurer of State shall pay the same from the Blind Asylum Building Fund.

to a vote at

1863.

SEC. 12. This Act shall be submitted to the people of the Act to be State for ratification at the general election, to be held on the submitted first Wednesday of September, A. D. eighteen hundred and election of sixty-three, and the qualified electors of this State will, at said September, election, on their ballots for State officers, vote either for or against this Act; those voting for the same shall have written or printed on their ballots for State officers the words "For Asylum Building Act," and those voting against the same shall have written or printed on their ballots the words "Against Asylum Building Act."

tion of

result.

SEC. 13. The votes for and against this Act shall be can- Proclamavassed, returned, and declared, in the same manner and subject to the same rules as votes cast for Treasurer of State, and if it appear that a majority of all the votes cast for and against this Act as aforesaid are in favor of the same, then it shall have immediate effect, and the Governor shall make proclamation thereof accordingly, and the Treasurer of State shall proceed as above directed to provide for the preparation and sale of the bonds herein authorized. But should a majority of votes be given against the Act, then it shall be void and of no effect.

of State.

SEC. 14. The Secretary of State shall cause this Act to be Publication published in one newspaper in each Judicial District, if one be by Secretary published therein, throughout the State, for three months preceding the first Wednesday of September, A. D. eighteen hundred and sixty-three, at such rates of advertising as are maintained by the papers in which the same may be published; provided, they do not exceed the rates fixed for State printing.

SEC. 15. Section fourteen of this Act shall take effect immediately.

Holding over

of lands, tenements,

etc.

Trial by

Justice of

CHAP. CCCXCV.-An Act concerning unlawful holding over of Lands,
Tenements, and other possessions.

[Approved April 27, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. When any person or persons shall hold over any lands, tenements, or other possessions, after the termination of the time for which they are demised or let to him, her, or them, or to the person or persons under whom he, she, or they hold, or after any rent shall become due, according to the terms of such lease or agreement, and shall remain unpaid for the space of three days after demand for payment thereof, in all such cases, if the lessor, his heirs, executors, assigns, Agent, or Attorney, shall make demand in writing of such tenant or tenants, that he, she, or they shall deliver the possession of the premises held as aforesaid, and if such tenant or tenants shall refuse or neglect for the space of three days after such demands to quit the possession of such lands and tenements, or to pay the rent thereof, due and unpaid as aforesaid, upon complaint therefor to any Justice of the Peace of the proper county, the Justice shall the Peace. proceed to hear, try, and determine the same, in the manner hereinafter provided. It shall not be necessary, in order to work a forfeiture for non-payment of rent, to make demand for rent on the day on which the same becomes due, or at any particular time of the day, but demand may be made of the tenant in person, or of any person in possession, at any time within a year after such rent shall become due according to the terms of any lease or agreement, and may be made for the whole amount due and unpaid at the time of such demand; and the failure on the part of the lessee or his assigns to pay such rent, upon such demand being made, shall have the same force and effect as if demand had been made on the premises towards sunset on the day when the rent became due. No person other than actual occupants of the premises shall be necessary parties defendant to proceedings provided for in this section, and in case a married woman be a tenant or occupant, and her husband is not a resident of the county in which the premises are situated, her marriage shall not be a defence in such proceedings; but in case her husband be not joined, or unless she be doing business as a sole trader, a judgment against her shall only be valid against property on the premises at the time of the trial.

Parties

defendant.

Change

of terms of lease. Notice.

Proviso.

SEC. 2. In all leases of lands and tenements, or any interest therein, from month to month, the landlord is hereby authorized, on giving notice, in writing, at least fifteen days before the expiration of the month, to change the terms of the lease, to take effect at the expiration of said month, said notice when served upon the tenant shall of itself operate and be effectual to create and establish as a part of the lease, the terms, covenants, and conditions specified in said notice; provided, that if the tenant shall surrender and yield up to the landlord the lands, tenements, or interests therein held by him, at or before the

expiration of said month, he shall not be bound by the terms, covenants, or conditions set forth in said notice.

SEC. 3. The remedy provided for in this Act shall not apply as against any person who shall have held the premises demised, leased, or let to him, or to the person under or through whom he holds the possession, for one year, adversely to the right, title, or claim of the landlord, or to the person under or through whom he claims.

SEC. 4. When any complaint shall be made, in writing, under Complaint. oath, to any Justice of the Peace, of any such unlawful holding over, said Justice shall issue a summons, directed to the Sheriff or any Constable of the county, commanding him to summon Summons. the person or persons against whom such complaint shall have been made, to appear before said Justice on a day in such summons named, which shall not be less than two nor more than ten days from the day of issuing such summons, and at the place therein mentioned.

summons.

SEC. 5. Such summons shall be served upon the person or Service of persons against whom the same is issued, by delivering a certified copy thereof to such person or persons, at least two days before the return day thereof, and the officer serving the same shall make a special return of the time and manner of serving such summons.

SEC. 6. After the return of the summons, served as herein- Trial by before provided, and at the time and place appointed in said jury. summons, the Justice shall proceed to hear and determine said complaint, unless either party shall demand a jury, in which case the Justice shall issue a venire for a jury, in the same manner, and upon the same terms, as in other cases provided for trial by jury in Justices' Courts, and such jury shall be sworn as in other cases.

SEC. 7. If, at the time of making such complaint, it shall be service of made to appear that the person or persons against whom said summons. complaint is made, or either of them, are absent from the county, it shall be the duty of the Justice before whom the same is made, to issue his summons, as hereinbefore provided, and the same may be served by leaving a certified copy thereof at the last and usual place of abode of such person or persons not less than two days before the return day thereof, which copy shall be left with some member of the family, or some person residing at such place, of suitable age and discretion, to whom the contents thereof shall be explained by the officers leaving the same, and the officer shall make a special return of the time and manner of serving said summons, and the suit shall thereafter proceed, the same as though a personal service were had of such

summons.

SEC. 8. The Justice may, at his discretion, adjourn any trial Adjournunder this Act not exceeding ten days; and when the defend- ment of trial ant, his Agent, or Attorney, shall make oath that he cannot safely proceed to trial for want of some material witness, naming him, that he has made due exertion to obtain such witness, and believes, if an adjournment be allowed, he will be able to procure the attendance of such witness, or his deposition, in time to produce the same upon the trial, in which case, if such person or persons will give bond, with one or more sufficient sure

Testimony.

Judgment.

Costa.

Damages.

Jurors and witnesses

pear, etc.

ties, conditioned to pay the said complainant for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the said Justice shall adjourn said cause for such reasonable time as may appear necessary, not exceeding three months.

SEC. 9. The testimony of any witness, which may be considered necessary by either party, may be taken in the same manner and with the like effect as is provided for the taking of testimony in other cases in Justices' Courts.

SEC. 10. If, upon the trial of any complaint under this Act, the Justice or jury shall find the defendant or defendants, or either of them, guilty of the allegations in the complaint, said Justice shall thereupon enter judgment for the complainant to have restitution of the premises, and shall tax the costs for the complainant, and may issue execution therefor, and the said Justice shall also award and issue an execution; but if the said Justice, or the jury, find that the person complained of is not guilty, the Justice shall tax the costs against the complainant, and issue execution therefor. If the jury impanelled cannot agree upon a verdict, the Justice may discharge them and issue a new venire, returnable forthwith, or at some other time agreed upon by the parties.

SEC. 11. In all cases of a verdict by the Justice, or jury, for the complainant, the damages shall be assessed, if claimed in the complaint, as well for waste and injury committed upon the premises as for the rents and profits during such unlawful holding over, and the verdict shall also find the monthly value of the rents and profits of the said premises; and the complainant shall be entitled to recover treble damages against the persons against whom judgment has been rendered, which damages shall be assessed by the Justice, or jury, and when so assessed, shall be trebled by said Justice, and entered as a judgment in the cause upon which execution may issue.

SEC. 12. Every person summoned as a juror, or subpoenaed failing to ap- as a witness, who shall not appear, or who, appearing, shall refuse to serve or give evidence in any prosecution instituted under this Act, shall forfeit and pay for every such default or refusal, to the use of the county, unless some reasonable cause be assigned, such fine, not exceeding twenty dollars, as the said Justice shall think proper to impose, and execution may be issued therefor.

Appeal.

SEC. 13. If either party shall feel aggrieved by the verdict of the jury, or decision of the Justice, he may appeal within ten days, as in other cases tried before Justices of the Peace; and he shall give bonds, with two or more sufficient sureties, to be approved by said Justice, in all respects as appeals are perfected in other cases before Justices of the Peace, conditioned to pay all costs of such appeal, and abide the order the Court may make therein, and pay all rent and other damages justly accruing during the pendency of such appeal; and upon the filing of the notice of appeal and the affidavit of the appellant that the appeal is taken in good faith, and that he intends to perfect said appeal, the Justice shall grant a stay of the writ of restitution for not exceeding two days, for the purpose of allowing the

appellant an opportunity to file his appeal bond, and for no other.

SEC. 14. Upon taking such appeal, all further proceedings in Stay of prothe case shall be thereby stayed, and the Appellate Court, in all ceedings. cases which are now pending, or which may hereafter be brought, shall proceed to try the case anew, and shall issue all necessary writs and process to carry out the provisions of this Act. All laws or parts of laws which require a statement of the case, or evidence or exceptions to be taken before a Justice of the Peace on the trial of the case for an unlawful holding over, in order to perfect an appeal, are hereby repealed, and the same shall be tried in the Appellate Court on the evidence introduced before said Appellate Court.

SEC. 15. If a writ of restitution shall have been issued pre- Possession of vious to the taking of the appeal, the Justice shall give the premises. appellant a certificate of the allowance of such appeal, and upon the serving of such certificate upon the officer having such writ of restitution, said officer shall cease all further proceedings by virtue of such writ, and if such writ shall not have been completely executed, the parties in possession shall remain in possession of the premises until the appeal shall be determined.

SEC. 16. In all cases of appeal under this Act, the Appellate Court shall not dismiss or quash the proceedings for want of form; provided, the proceedings have been conducted substan- Proviso. tially according to the provisions of this Act; and amendments. to the complaint, answer, or summons, in matters of form only, may be allowed by the Court at any time before final judgment upon such terms as may be just, and all matters of excuse, justification, or avoidance of the allegations in the complaint, may be given in evidence under the answer.

SEC. 17. The following or equivalent forms may be used in proceedings under this Act, to wit:

SUMMONS.

"The People of the State of California, to the Sheriff or any Constable of the County of: Whereas, A. B., of the summons. County of hath exhibited unto me, a Justice of the Peace for said county, a complaint against C. D., of the County for that the said C. D., of the County of

of

the

- day of, A. D., at the County of

on

(here

insert the substance of the complaint with sufficient certainty.)
You are therefore commanded to summon the said C. D., if he
be found in your county, to be and appear before me at my office,
(stating the place,) on the
then and there to make answer unto the complaint aforesaid.
Given under my hand this

day of -, A. D.

day of

A. D.

"E. F., Justice of the Peace."

WRIT OF RESTITUTION.

"The People of the State of California, to the Sheriff or any Constable of the County aforesaid: Whereas, A. B., of the writ of County of at a Court of Inquiry of an unlawful holding

restitution