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THE ACT CONCERNING COURTS OF JUSTICE; THE ACT CONCERNING
FORCIBLE ENTRIES AND UNLAWFUL DETAINERS; THE

INSOLVENT ACT, AND THE RULES OF THE

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ENTERED according to Act of Congress, in the Year of our Lord 1863, by

H. H. BANCROFT AND COMPANY,

In the Clerk's Office of the District Court of the United States, in and for the Northern District of the State of California.

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PREFACE.

THE desire of the Editor of the present edition of the Practice Act has been, not only to collate the various decisions bearing upon and construing the different sections of the Act, but to classify them in such a manner as to facilitate reference to them by the practitioner.

The general plan attempted to be followed is much the same as that pursued in Howard's and in Voorhies' editions of the New York Code. Where the provisions of our own Act are similar to those of the Code, the number of the corresponding section has been given. It is hoped that this will be found useful in consulting the decisions of that State relating to practice. The more important New York decisions rendered since the publication of the works of Howard and Voorhies, have been added under the appropriate sections.

Throughout the work those sections which are referred to in TITLE XVI, and made applicable to Justices' Courts, are marked “J. P."

As it is not always easy to draw definitely the line between what is law relating to practice purely, and that which pertains to the higher and more universal principles of jurisprudence, the Editor has preferred to be found rather too liberal than too strict in his annotations; for this reason it is not improbable that much matter will be found in this edition, which would have been omitted. by others. But when it is considered that the design has been, as much as possible, to render the present work available for the whole profession as a book of ready reference, this will hardly be considered a serious objection, although adding somewhat to the size of the volume.

Errors, typographical and other, are to be found in all books. This will undoubtedly prove no exception. A few of the most important which have been discovered are noted.

SAN FRANCISCO, 10th February, 1863.

C. H. P.

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District.

TERMS OF THE COURTS OF RECORD IN THIS STATE.

DISTRICT COURTS.

33d Monday in July, Nov. and March.. 16 1st Monday in Feb., June, August and Nov. 13(Attached to Tulare County)

51st Monday in March, July and Nov.....

16 1st Monday in January, April, July and October.
15 2d Monday in January; 1st Mond. May and Sept.
41st Tuesday after 3d Monday in Jan., May and Sept.
8 1st Monday in May, August and Nov....

11 2d Monday in Feb. and May; 3d Mond. Aug. and Nov
13 1st Monday in March, July and Nov.....
8 1st Monday in March, June and Sept..
8 1st Monday in April, July and Oct..
72d Monday in April; 1st Monday Dec
13d Monday in March, July and Nov..
71st Monday in March, July and Nov.
13 3d Monday in March, July and Nov.

3d Monday in March, July and Nov.
13 4th Monday in January, May and Sept.
16 1st Monday in May, and Sept...

32d Monday in December, April and August..
71st Monday in February, June and Oct.

14 1st Monday in Feb., Apr., June, Aug., Oct. and Dec..
11 2d Monday in Jan., April, July; 3d Mond. Oct..
17 2d Monday in April, July, Oct. and Jan..

61st Monday in Feb., Apr., June, Aug., Oct. and Dec.
13d Monday in Feb., June and Oct.
12d Monday in Jan., May and Sept..

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1 Mon. July, Oct. & Jan.; 3 Mon. Ap. See County Court.......
3d Mon. Jan., Mar., May, July, Sept. See County Court......
and Nov.]..[Sept. and 4th Mon. Nov.
..[July and Oct.
1st Mon. Marcli and June; 2d Mon. 2d Mon. Feb.; 3d Mon. Apr.,
1st Mon. Jan., April, July & Oct.. See County Court..
2d Mon. Jan., Mar., May, July, Sept. 2d Mon. Mar.. July and Nov.
3 Mon. May; 1 M Aug Nov. & Feb. See County Court..
1 Mon. Apr.; 3 M. July & Oct...... See County Court.......
1st Mon. Jan., May and Sept....... 1st Mon. Mar., July and Nov.
..[and Dec 1 Mon. Fet., May, July, Nov.
2d Mon. Feb., April, June, Aug., Oct. See County Court...
[June, Aug. and Oct See County Court
1 Mon. Feb., May. Aug. and Nov.
2d Mon. Feb. and 3d Mon. April,
1st Mon. Feb., May, Aug and Nov.

See County Court.[Sep. Nov.
4 Mon. Feb., 1 M. May, July,
See County Court..

1st Mon. Mar., June, Sept. and Dec.. See County Court..

1st Mon. Jan., May and Sept..
See Court of Sessions.

2d Mon. Mar., July, and 1 Mon. Nov.
1st Mon. Jan., May and Sept.

See County Court

PROBATE COURTS.

4th Monday of each month, unless other. wise fixed by law.

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1st Mou. Apr., Sept. and Dec. 3d Mon. Mar., July, 2d Mon.
1st Mon. Mar., July and Nov.

2d Mon. Sep., 4 Mon. Jan. and May. See County Court.. 1st Mon. Jan., May and Sept.. See County Court..

1st Mon, Jan., April, June & Sept... See County Court..... 1st Mon. Jan., Mar., May, July, Sep 1st Mon. Feb., June and Oct. .[and Nov.

1st Mon. Feb. and Oct.; 2 Mon. May.
3d Mon. Mar., June, Sept. and Dec..
1st Mon. Feb., June and October..
1st Mon. Feb., May, Aug. & Nov.
1st Mon. Feb. June and Oct.
4th Mon. March, July and Nov......
1st Mon. Jan., May and Sept...
Nov. 1st Mon. April, Aug.. Oct. and Dec..
Sept.. 1 Mon. Jan., Apr., Oct.; 3 Mon. July
3d Mon. April, Aug. and Dec.

41st Monday in Feb., Apr., June, Aug., Oct. and Dec..
12 1st Monday in Jan., Mar.. May, July, Sept. and Nov.
51st Monday in Jan., April, August and Dec.
12 2d Monday in Jan., April, July and Oct.
12 3d Monday in Feb, June and October..
21st Monday in March, June, Sept. and Dec.
31st Monday in May, Sept. and Jan...
3 3d Monday in April, August and Dec.
92d Monday in March, June and Nov..
17 1st Mond. Mar.; 2d Mon. May and Aug.; 1 Mon.
93d Monday in Jan.; 1st Mon. May and 3d Mon
73d Monday in April, August and Sept..
73d Monday in Feb, June and Oct...
18 1st Monday in Feb., June and Oct..

10 2d Monday in March, June, Sept. and Dec.
15 1st Monday in Feb., June and Oct.
92d Monday in April, August and Dec..
13 1st Monday in March, July and Nov.
5 1st Monday in March, July and Nov.

63d Monday in March; 2d Mon. Aug.; 3d Mond. De: '10'3d Monday in Jan., April, July and Oct..

1st Mon. Feb., May, Ang and Nov.
3 Mon. Jan. Mar, May, July, Sep. Nov
1st Mon. Mar., June, Sept. and Dec..
1st Mon. April, Aug. and Dec.

. [Nov.

3d Mon. Jan., Mar., May, July, Sept. and Nov.

See County Court.. [Dec.
4th Mon. Mar., June, Sept. & 3d Wednesday each month..
See County Court...
Tues. after County Court..
2d Mon. Feb., May, Aug. and 3d Wednesday each month..
See County Court. ..[Nov. See County Court...
See County Court..
See County Court..
See County Court..
See County Court..
See County Court.

[Nov

See County Court.
See County Court.
1st Mon. Feb., May, Aug. and See County Court.
3 Mon. Feb., Ap., June, Aug.
..[Oct. and Dec.
See County Court..
2d Mon. Feb., May, Aug. and
[Nov.

1st Mon. Jan., May and Sept... [Sept. See County Court. 1st Mon. Jan.; 3 Mon. May & 1 Mon. 1st Mon. Apr., July and Dec. 2 Mon Jan. Mar. 4 Mon. May 1st Mon. Jan., April, July and Oct.. 3 Mo. Feb., May, Aug. & Nov. 12 Mon.July, Sep. 4 Mon. Nov

Code of Procedure

CONTENTS.

AN ACT

TO REGULATE PROCEEDINGS IN THE COURTS OF JUSTICE OF
THIS STATE, AND OTHER STATUTES.

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