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book, by having examined deeds, mortgages, notices of mining claims, and other common instruments, which had been drawn by unskillful persons without a guide, and which were so defective as to be almost, if not wholly, valueless; when, if their writers had had some convenient form on the subject, to refer to and adopt, the instrument would have been so nearly perfect that doubt, and often vexatious and expensive lawsuits, would have been avoided. This frequently occurs in notices of valuable mining locations.

Perfection in this work is not anticipated but as, if successful in this, other improved editions may be issued in future, the author kindly asks any who may purchase this book, to address him any legal question proper to be treated of in such a work, at any time, promising to answer such question to the best of his ability, and to incorporate the law of the subject and a proper form, if such be needed, in the next edition. For this purpose his address will be in care of Messrs. A. L. Bancroft & Co., 721 Market Street, San Francisco.

The author desires to thank his noble friends in Nevada and in Bodie, California, for the generous encouragement they gave him when the object of his work was mentioned to them, and he hopes that the book, though imperfect in many particulars, will more than repay them, and benefit many other worthy people.

CONTENTS.

CHAPTER I.

Introduction - First-known Written Form of Law — The

Golden Rule.

CHAPTER II.

Constitution of California—Declaration of Rights-Suffrage
-Distribution of Powers-Legislative Department Executive
-Judicial-Pardoning Power—Militia-Education-State In-

stitutions—Public Buildings—Cities – Counties—Towns—Cor-

porations—Revenue and Taxation-Water and Water Rights-

Harbor Frontages-State Indebtedness—Land and Homestead

Exemption—Amending and Revising Constitution-Chinese-

Miscellaneous — Boundary — Schedule - Members of Conven-

tion.

CHAPTER III.

How Statutory Laws are Made-Form of Bill-A Law put in
Practice-Petition—Verification-Notice—Judgment.

CHAPTER V.

Jurisdiction of Courts - How Determined - Of California

Courts.

CHAPTER VI.

Forms of Complaints —Pleadings-Complaint for Merchan-
dise Sold-Verification of by Book-keeper- Against Maker and
Indorser of a Promissory Note — Verification by Attorney -
Summons in District Court-Attachment in Nevada–Complaint
on Account for Goods Sold-On Promissory Note versus Maker
-On Foreclosure of Mortgage-In Ejectment—on Claim and
Delivery of Personal Property–Affidavit for Same-Of Payee
versus Acceptor of Bill of Exchange-For Conversion of Prop-
erty of Another-On Promissory Note with Credits-For Goods
Sold and Delivered — Complaint and Prayer for Injunction
Restraining Trespass on Land — Order for Injunction — For
Trespass on Mining Claim — For Forcible Entry — On Fore-
closure of Mechanics' Lien-Holding Over After Rent Due-
Holding Over After Expiration of Term.

CHAPTER VII.
Business Forms — Notes - Due-bills -- Orders — Receipts —
Partnerships — Agreements -- Acknowledgment— Agreement,
General Form-For Sale and Delivery of Personal Property-
To Sell Land–To Cultivate Land on Shares—To Sell and Pur-
chase Vines and Trees—For Sinking Shaft, etc., on Mining
Claim-Assignments—Particular-Of a Mortgage-For Benefit
of Creditors-Receipts.

CHAPTER VIII.
Liens, Mortgages, Deeds, Leases, Miner's Lien (for Nevada)
- Mechanic's— Contractor's and Material-man's-Actual No-
tice of—Deed—Quitclaim-Acknowledgment of —Warranty-
Of Trust-Mining—Mortgages—Chattel-Leases-Agreements
- Landlord — Tenant- Notice of Raising Rent-Demand of
Possession of Premises.

CHAPTER IX.
United States Mining Statute of May 10, 1872–Of July 26,
1866 — Of July 9, 1870 — Rulings of United States Supreme
Court-Notice of Location of Mining Claim-Of Location of
Spring_Of Water Rights—United States Land-offices-Mining
Forms Prescribed by Commissioner of the General Land-office.

CHAPTER X.
Public Lands not Mineral — Pre-emptions — Homesteads —
Reservation and Sale of Town Sites—Proof of Homestead En-
tries—Relief of Settlers on—To Encourage Growth of Timber
-Desert Lands–Saline Lands—Limits of Town-sites—Timber
Lands in California, Oregon, Nevada, and Washington Terri-
tory-Indians-Land Scrip-Additional Rights to Homestead

Settlers-Additional Regulations as to Homesteads and Pre-
emptions — Crimes — Suggestions of Commissioner - Location
with Warrants — Desert Lands, Meaning of — Saline Lands-
Forms Prescribed by Commissioner of General Land-office.

CHAPTER XI.

Of Patent Rights — Who May Obtain a Patent-Application

for—Specification, Drawings_Models-Appeals-Re-issues-

Disclaimers—Designs—Trade-marks—Caveats—Assignments

Office-fees, and How Payable—Postage-Rules of Correspond-

ence — Attorneys — Forms Prescribed by Commissioner of

Patents.

CHAPTER XII.

Naturalization-Declaration of Intention-Affidavit to Prove
-Of a Minor-Of Residence, Oath-Certificate-Wills—Codi-
cil — Declaration of Homestead —Abandonment of --Acknowl-
edgments - By a Corporation - Married Women-Attorney in
Fact-Judgment — By Default - By the Court — On Verdict,
Decree of Foreclosure and Sale-Undertaking an Injunction-
Justification of Sureties — Certificate to Official Character and
Signature-Of Approval-Official Oath-In Nevada-In Cali-
fornia-Complaints in Criminal Actions—California–Nevada-
Warrant of Arrest - Indorsement of Service of — Commitment
to Bail-Judgment—Commitment after Judgment.

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