for medicinal purposes; to place any sponge, wood or foreign substance, upon any animal with intent to affect his speed, or endurance, or physical condition; to fail to keep any animal securely enclosed, and free from contact with other animals, when such animal is affected with any contagious or infectious disease; to fail to cremate or bury the body of any animal which has died of any infectious disease, or to permit such body to be used for food for human beings, or food for domestic animals or fowl; to overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, drink or shelter, to cruelly beat, mutilate or kill any animal, or to subject it to needless suffering, or in any manner abuse it or fail to provide it proper food, drink or shelter, or protection from the weather, or to drive, ride or otherwise use the animal when unfit for labor; to cause animals to fight, worry or injure each other for amusement or gain of human beings; to dock any horse; to omit to kill any animal which is unfit by reason of its physical condition for the purpose for which such animals are usually employed; to use a bristle burr, burr tack, or other similar device.

One who keeps a dog' which he knows to be vicious, is responsible for any injuries which it commits-such as killing another dog.

And one who keeps a wild animal (such as a circus owner) is responsible for damages caused by such animal. The owner must exercise the highest degree of care, and is an insurer against the acts of the animal.

It is unlawful for any person, firm or corporation owning, or having possession of, any animal, to suffer or permit such animal to break into and enter upon any land owned by, or lawfully in the possession of any person, firm or corporation, other than the owner of such animal, in all cases where such land is planted to growing crops, vines, fruit trees or vegetables, and is at the time entirely enclosed by a substantial fence or other inclosure.

The owner of, or person who is in the lawful possession of, any land trespassed upon, in violation of this act, is entitled to recover, by action in a court of competent jurisdiction,. from the owner of, or person in possession of, or person chargeable with the care of, the trespassing animal or animals, all actual damages sustained by reason of such trespass, together with costs of suit.

For the purpose of allowing the plaintiff a better security for the payment of any judgment he may recover in actions brought under

the first two sections, all the provisions of the Code of Civil Procedure of this state relating to attachment process shall apply to such actions, subject only to the following modifications, to-wit: Instead of filing the affidavit on attachment, the plaintiff is entitled to the issuance of a writ of attachment against the property of defendant, upon filing his complaint stating a cause of action under this act, verified according to the law concerning the verification of pleadings.

No animal is exempt from attachment or execution, levy and sale, to satisfy a judgment that may be rendered against the owner of such animal for trespass committed by such animal.

TRESPASS: If the owner of animals in the counties subject to the Fence laws does not confine them upon his own lands, he is guilty of no wrong, unless it should appear that through malice to injure his neighbor-or the overstocking of his pasture lands for the purpose of feeding his herds upon the pasture of his neighbor -he should unconsciously drive or herd them upon his neighbor's lands. In such case, the courts would restrain him from so doing. TRESPASS OF: The rule of the common law (see Common Law) which required every man to keep his beasts within his own close, was in force in this State until 1850, when it was set aside by the legislature of that year. In 1863, and following years, special acts were passed applying to various counties, so that now in many counties the law is that an owner of land is not required to fence it against cattle belonging to another person, but could maintain an action for damages against the owner of such cattle, permitting them to trespass upon such unenclosed land. This is the rule in the following counties: Santa Clara, Fresno, Tulare, Kern, Ventura, Santa Barbara, San Luis Obispo, Monterey, Los Angeles. It has not been changed by the 1907 act, which made it unlawful for any person owning or in possession of an animal to suffer or permit such animal to break into or enter upon any lands of another person where such land is planted to growing crops, vines, fruit trees or vegetables, where such land is at the time enclosed by a substantial enclosure.

But, under a former statute, it made no difference whether there was a fence or not, and it has been so decided.

Appropriation: See Water Law.
Appurtenances: See Real Estate.
Answer: See Action.

Appeal: See Attachment; Action.

If either side is dissatisfied with the Judgment of the Court, or the Verdict of the Jury, he may appeal. (The proceedings for perfecting an appeal from the Superior Court are too complicated for a work of this kind, and impracticable for any one not an attorney to attempt.) If the action was tried in the Justices' Court, a notice of appeal is filed, and a bond for costs deposited with the Clerk of the Court. (If it is wished to have a stay of execution, an additional bond in twice the amount of the judgment must also be filed.) These bonds can be cash, or be signed by a surety company, or two householders, or two freeholders, each of whom swears that he is worth the amount of the bond.

The appealing party must also pay the fees of the Superior Court, namely $8, and cost of Justices' transcript, $1.50.

If the judgment was by default, there is no appeal in the Justices' Court. The only remedy is to make a motion to set it aside. This motion must be presented before the Justice and heard within ten days from the time the party has notice or knowledge of the judgment.

When the case is again tried in the Superior Court, there is no appeal from this decision. (See Courts.)

Architects: No person in this state is permitted to advertise, or to put out any sign, card or other device which might indicate to the public that he is an architect, unless he has received a certificate to practice architecture in this state, from the State Board of Architecture; but this shall not prevent any person from making plans for his own building, nor furnishing plans or other data for buildings for other persons-provided he does not claim to be a certified architect. (See Liens.)

Arrests: A private person may arrest another for a public offense committed or attempted in his presence; or, when the person arrested has committed a felony, though not in his presence; or, when a felony has in fact been committed, and he has reasonable cause to believe that the person arrested committed it.

If the offense be a felony, he may break open the door or window of the house in which the person to be arrested is, or in which there is reasonable grounds for believing him to be-after having demanded admittance and explaining the purpose for which admittance is desired.

Any person making an arrest may summon orally as many persons as he deems necessary to aid him in so doing.

A private person making an arrest must take the arrested person before a magistrate without unnecessary delay, or deliver him to a peace officer.

He may take from the arrested person all offensive weapons which are about his person, and must deliver these to the magistrate before whom he is taken.

When a peace officer makes an arrest, either with or without a warrant, it may be for any of the circumstances under which a private person may make an arrest, and also on a charge made upon a reasonable cause of the commission of a felony by the party arrested; or at night, when there is reasonable cause to believe that he has committed a felony.

If the offense charged is a felony, the arrest may be made at any time, day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon direction of the magistrate, endorsed upon the warrant-or unless the offense is committed in the presence of the arresting person.

The person making the arrest must inform the arrested person of the intention to arrest him, of the cause of the arrest, and the authority in committing or attempting to commit, an offense, after information of the intention to make the arrest.

When the arrest is being made by an officer under authority of a warrant, he may use all necessary force to effect the arrest, if the person arrested either flees or forcibly resists-or is pursued immediately after its commission, or after an escape.

A peace officer may break doors and windows in the same manner and under the same circumstances as a private person.

If he is acting under authority of a warrant, he must show it, if required.

Every person who wilfully obstructs, resists, delays any public officer in the discharge or attempt to discharge any duty of his

office, is punishable by fine not exceeding $5000, and imprisonment in the county jail not exceeding five years.

Every male person, over the age of 18 years, must assist in taking or arresting any person against whom there may be issued any process, or in aiding and assisting in retaking any person who may have escaped from confinement or arrest; and if he does not do so, he is subject to fine and imprisonment, or both.

Every person who attempts to rescue, or aids another in rescuing, any prisoner from any prison or from any officer or person having him in lawful custody; or who takes or attempts to take, or assist in the taking of any personal property from the custody of any officer or person having charge of the same under any process of law; or who wilfully assists any paroled prisoner, or prisoner confined in any prison or jail—is punishable.

Force may be used by the owner to retake property from the person who has obtained possession of it by force or fraud, and is overtaken while carrying it away. But only as much force as is necessary to retain it. If more is used, it may become battery.

Any necessary force may be used to protect from wrongful injury the person or property of one's self, or of a wife, husband, child, parent or other relative, or member of one's family, or of a ward, servant, master or guest.

Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the day of election, during their attendance at such election, going to and returning therefrom. Arrest in Civil Actions: See Bankruptcy. The California Constitution provides that there shall be no imprisonment for debt, except in cases where debts were fraudulently contracted or where there is an attempt at fraudulent disposition of property with intent to delay creditor or deprive him of payment. In such cases the body of the debtor is allowed to be seized and confined.

No person can be arrested in civil action except in an action for the recovery of money or damages arising upon contract, or after judgment, when the defendant is about to depart from the state with intent to defraud his creditors; in an action for fine or penalty, or for money or property, fraudulently misapplied, or converted to his own use, by a public officer, or an officer, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect