undertaking as required has been filed, the court or judge may order the action to be dismissed. Dismissal, when too late-19 Cal. 77. § 1038. When the State is a party, and costs are awarded against it, they must be paid out of the State treasury. No security required of State-sec. 1058. § 1039. When a county is a party, and costs are awarded against it, they must be paid out of the county treasury. No security required of county-sec. 1058. CHAPTER VII. GENERAL PROVISIONS. 1045. Lost papers, how supplied. 1046. Papers without the title of the action, or with defective title, may be valid. 1047. Successive actions on the same contract, etc. 1048. Consolidation of several actions into oné. 1049. Actions, when deemed pending. 1050. Actions to determine adverse claims, and by sureties. 1051. Testimony, when to be taken by the clerk. 1052. The clerk must keep a register of actions. 1053. Two or three referees, etc., may do any act. 1054. The time within which an act is to be done may be extended. 1055. Actions against a sheriff for official acts. § 1056. Actions may be prosecuted in the Spanish language in certain counties. § 1057. Undertaking mentioned in this Code, requisites of. 1058. People of State not required to give bonds when State is a party. $ 1059. Surety on appeal substituted to rights of judgment creditor. § 1045. If an original pleading or paper be lost, the court may authorize a copy thereof to be filed and used instead of the original. Lost papers-4 Cal. 381; 24 Cal. 267; 27 Cal. 423; 28 Cal. 557; 49 Cal. 263. § 1046. An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding. Defective title-3 Cal. 195. § 1047. Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom. Action defined-sec. 22. § 1048. Whenever two or more actions are pending at one time between the same parties and in the same court, upon causes of action which might have been joined, the court may order the actions to be consolidated. Consolidation of actions-27 Cal. 500; 29 Cal. 307. § 1049. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. Pendency of action-36 Cal. 391. § 1050. An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety. Preventing suit-provision not designed for, 5 Cal. 82; and see 13 Cal. 596. Quieting title to realty-sec. 738. Surety's suit-24 Cal. 157. § 1051. On the trial of an action in a court of record, if there is no short-hand reporter of the court in attendance, either party may require the clerk to take down the testimony in writing. Clerk's powers and duties-sec. 670n. Clerk's minutes of the trial-1 Cal. 462, 470; 2 Cal. 54, 161; 14 Cal. 38, 81; 27 Cal. 107; 28 Cal. 174, 299; 33 Cal. 173. § 1052. The clerk must keep among the records of the court a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed and proceedings had therein. Records of the court-see secs. 668, 672, 683. § 1.053. When there are three referees, or three arbitrators, all must meet, but two of them may do any act which might be done by all. References and trials by referees-secs. 638-645. § 1054. When an act to be done, as provided in this Code, relates to the pleadings in the action, or the undertakings to be filed, or the justification of sureties, or the preparation of statements, or of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal, the time allowed by this Code may be extended, upon good cause shown by the court in which the action is pending, or a judge thereof; but such extension shall not exceed thirty days without the consent of the adverse party. [In effect March 9th, 1880.] Extension of time-17 Cal. 122; 24 Cal. 179; 27 Cal. 108, 338; 41 Cal. 515; 43 Cal. 320; 47 Cal. 86: computation of time, sec. 12 and notes: holidays, secs. 10, 11, 13. Thirty days-28 Cal. 238; 43 Cal. 320. § 1055. If an action be brought against a sheriff for an act done by virtue of his office, and lie give written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein shall be conclu sive evidence of his right to recover against such sureties; and the court may, on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs. [In effect April 15th, 1880.] Section strictly construed-against sheriff, 28 Cal. 102. § 1056. Repealed. [In effect April 16th, 1880.] § 1057. In all cases where an undertaking with sureties is required by the provisions of this Code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the State, and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. Undertaking-defective, 2 Cal. 562; 13 Cal. 606. Affidavit-defective, curing objection to,52 Cal. 447; each worth the sum, etc., 7 Cal. 518. Property exempt from execution-sec. 690 and notes. § 1058. In any civil action or proceeding wherein the State, or the people of the State, is a party plaintiff, or any State officer, in his official capacity, or on behalf of the State, or any county, city and county, city, or town, is a party plaintiff or defendant, no bond, written undertaking, or security can be required of the State, or the people thereof, or any officer thereof, or of any county, city and county, city, or town; but on complying with the other provisions of this Code, the State, or the people thereof, or any State officer acting in his official capacity, have the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by this Code. [In effect April 15th, 1880.] Costs against State or county-secs. 1038, 1039. § 1059. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to control, enforce, and satisfy such judgment in all respects as if he had recovered the same. [In effect July 1st, 1874.] Undertaking on appeal-sec. 941n. Subrogation of sureties-sec. 709n. |