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Jury fee.

Jury may be

juror in any sum not less than ten dollars nor more than twentyfive dollars, with the costs on attachment, and may issue execution therefor.

SEC. 35. When the jury shall have agreed upon a verdict, said officer shall bring them into Court, and the party in whose favor the verdict is rendered shall pay the jury fee before the Justice shall render judgment thereon, and such jury fee shall be recovered back as costs.

SEC. 36. Whenever it shall appear to the Justice, after suffidischarged. cient reasonable time for deliberation, that the jury are unable to agree upon a verdict, they shall be brought into Court and be discharged by the Justice, and the jury fee in such case shall be paid by the party calling it, and in default, execution may issue therefor; provided, that in a criminal action no jury fee shall be allowed or paid. The Justice shall then set the action for trial again, not more than two days after the jury were discharged, unless otherwise agreed upon by the respective parties, and a new jury shall be chosen, summoned, impanelled, and trial had in all respects as hereinbefore provided.

Act repealed

SEC. 37. An Act entitled an Act concerning jurors, passed May third, eighteen hundred and fifty-two, and all Acts or parts of Acts amendatory of or supplementary thereto in conflict with the provisions of this Act are hereby repealed; provided, this Act shall not apply to the City and County of San Francisco.

War Fund created.

Board of
Examiners.

County of
Siskiyou.

CHAP. CCCCVI.-An Act authorizing the Treasurer of State to issue
Bonds for the payment of expenses incurred in the Suppression of
Indian Hostilities in certain Counties of this State, and to indemnify
citizens of this State for losses sustained by Indian depredations.

[Approved April 27, 1863.]

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

SECTION 1. A sum not exceeding one hundred and fifty-four thousand nine hundred and eighty-seven dollars and fifty-eight cents, is hereby appropriated and set apart as a "War Fund," payable out of any moneys which may be appropriated by Congress to this State, to defray the expenses incurred in the suppression of Indian hostilities, and for property destroyed, as specified in this Act.

SEC. 2. The Adjutant-General, Surveyor-General, and the Attorney-General of this State shall constitute a Board of Examiners, and are authorized and required to examine and audit all accounts for claims which have not been audited and allowed by this State, or by the Government of the United States, for services rendered and supplies furnished for the expeditions against the Indians in Siskiyou County since the year eighteen hundred and fifty, and for property destroyed by the Indians in said county since that year; provided, the same do not exceed the sum of twenty-one thousand three hundred and three dol

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and Del

lars and ninety-two cents. Also, for services rendered and supplies furnished for the expeditions against the Indians in the Counties of Humboldt, Klamath, and Del Norte, since the year Humboldt, eighteen hundred and fifty, and for property destroyed and Klamath, losses sustained by Indian depredations in said counties since Norte. that year; provided, the same do not exceed the sum of thirtynine thousand one hundred and twenty-nine dollars and thirtysix cents. Also, for services rendered and supplies furnished the expedition against the Indians in the County of Shasta, Shasta. since the year eighteen hundred and fifty, and for property destroyed by the Indians in said county since that year; provided, the same do not exceed the sum of twelve thousand six hundred and fifty-one dollars and thirty-six cents. Also, for the expeditions, wars, and depredations in the Counties of Butte Butte and and Plumas, since the first day of January, A. D. eighteen hun- Plumas. dred and fifty; provided, the same do not exceed the sum of twenty thousand dollars. Also, for services rendered and supplies and animals furnished the expedition against the Indians in the Counties of Napa and Yolo, in the years eighteen hun- Napa and dred and fifty and eighteen hundred and fifty-one; provided, the Yolo. same do not exceed the sum of eleven thousand dollars. Also, for services rendered prior to the year eighteen hundred and fifty-three, to be allowed at the rate of four dollars per day, and supplies furnished, in the expedition against the Indians in the County of El Dorado, since the year eighteen hundred and El Dorado. fifty; provided, the same do not exceed the sum of nine thousand eight hundred dollars. Also, for services rendered and supplies furnished for the expeditions against the Indians in the County of Tulare, since the year eighteen hundred and fifty-five; provided, the same do not exceed the sum of fourteen thousand five hundred and sixty-two dollars and ninety-five cents. Also, for services rendered and supplies furnished in the expedition against the Indians in the County of Trinity, since the year Trinity. A. D. eighteen hundred and fifty, and for property destroyed and losses sustained by Indian depredations in said county since that year; provided, the same do not exceed the sum of six thousand five hundred and forty dollars. Also, for services rendered and supplies furnished in the expeditions against the Indians in the County of Tehama, since the year A. D. eighteen Tehama. hundred and fifty, and for property destroyed and losses sustained by Indian depredations since that year; provided, the same do not exceed the sum of twenty thousand dollars.

SEC. 3. Such liabilities as have been incurred and allowed Liabilities, under Acts hereby repealed, or shall be allowed under the how paid. provisions of this Act, shall be paid in bonds, made payable out of any money hereafter to be appropriated by Congress for the payment of such expenses.

SEC. 4. The bonds issued under the provisions of this Act Bonds to shall be signed by the Treasurer, and countersigned by the be issued. Controller, in their official character, made payable to and indorsed by the Governor, who shall affix the seal of State thereto; which bonds, duly issued as aforesaid, shall be transferable by assignment by the owner thereof, or by his Attorney

in fact.

Bonds to be

registered.

Disposition

of moneys

received

SEC. 5. After the said bonds shall have been countersigned by the Controller, it shall be his duty to make a register of the same, in a book to be kept for that purpose, and deliver them to the Treasurer, charging him with the same. The Treasurer shall also keep a register of such bonds.

Sic. 6. Any and all moneys which may be appropriated by that may be Congress for the payment of expenses incurred in the suppression of Indian hostilities in this State, or for losses sustained by reason of Indian depredations, as specified in this Act, are hereby set apart and pledged for the payment of the bonds provided to be issued by this Act.

from the

United States.

Claims to be audited.

Proviso.

Proof of claims required.

Acts repealed.

SEC. 7. All claims presented to the Board of Examiners, named in the second section of this Act, shall be filed at the time of their presentation, and the Board of Examiners shall allow or disallow all claims or accounts in the order of their presentation; provided, that said Board may postpone the auditing of any claim upon the application or request of the claimant, and the claim so postponed shall take its place upon the file at the time to which it was postponed, in the same order as a new application.

SEC. 8. No claim shall be allowed by said Board of Examiners without positive proof of the services rendered, supplies furnished, and losses sustained, specifying the items. All books, papers, and vouchers connected with either or any of the said expeditions, already audited, or that shall hereafter be audited by said Board, and also all books, papers, and vouchers connected with claims for any Indian expedition in this State, heretofore paid by this State or the General Government, shall be deposited with and left in charge of the Adjutant-General of this State.

SEC. 9. The Act entitled an Act authorizing the Treasurer of State to issue bonds for the payment of expenses incurred in the suppression of Indian hostilities in certain counties in this State, approved April twenty-fifth, eighteen hundred and fiftyseven, and the several Acts amendatory of and supplementary thereto, approved April seventh, eighteen hundred and fiftynine, April twenty-seventh, eighteen hundred and sixty, May sixteenth, eighteen hundred and sixty-one, and May twelfth, eighteen hundred and sixty-two, and all Acts or parts of Acts in conflict with this Act, are hereby repealed.

SEC. 10. This Act shall take effect and be in force from and after its passage.

CHAP. CCCCVII.—An Act amendatory of the Act to regulate Proceedings in Civil Cases in the Courts of Justice of this State, and of Acts amending the same.

[Approved April 27, 1863.]

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

SECTION 1. Section one hundred and ninety-five of the Act to regulate proceedings in civil cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, and which section was amended by an Act, passed May twentieth, eighteen hundred and sixty-one, is hereby further amended so as to read as follows:

Party mov

trial shall

Section 195. The party intending to move for a new trial shall give notice of the same as follows: When the action has ing for a new been tried by a jury, within five days after the rendition of the give notice. verdict, and when the action has been tried by the Court, or by a Commissioner, or a Referee, within ten days after receiving written notice of the filing of the findings of the Judge, or the report of the Commissioner or Referee. The notice shall designate generally the grounds upon which the motion will be made within five days after giving such notice, or within such further time, not exceeding twenty days, as the Court or Judge thereof, or Court Commissioner, may by order grant. The said party shall prepare and file with the Clerk the affidavit or statement required by the last section. If no affidavit or statement be filed within five days after the notice, or within such further time as the parties may agree upon, or the Court, or Judge thereof, or Court Commissioner, may by order grant, the right to move for a new trial shall be deemed waived. When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict or other decision, the statement shall specify the particulars in which such evidence is alleged to be insufficient. When the notice designates, as the ground of the motion, errors in law accruing at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded. The statement shall contain so much of the evidence or reference thereto as may be necessary to explain the particular points thus specified, and no more. Such statement, when not agreed to by the adverse party, shall be settled by the Judge upon notice, when agreed to. It shall be accompanied by the certificate of the parties or their Attorneys that the same has been agreed upon, and is correct. When settled by the Judge, the same shall be accompanied with his certificate that the same has been allowed by him, and is correct. On the argument, reference may also be made to the pleadings, depositions, and documentary evidence on file, and to the minutes of the Court. If the application be made upon affidavits filed, the adverse party may use counter affidavits on the hearing. Any counter affidavits shall be filed with the Clerk one day at least previous to the hearing. The affidavits, and counter affidavits,

Party ap

annex state

to record of

or the statement thus used in connection with such pleadings, depositions, and minutes of the Court, as are read or referred to on the hearing, shall constitute, without further statement, the papers to be used on appeal from the order granting or refusing the new trial. To identify the affidavits, it shall be suffi cient for the Judge or Clerk to indorse them at the time, as having been read or referred to on the hearing. To identify any depositions or minutes of the Court read or referred to on the hearing, it shall be sufficient that the Judge designate them in his certificate as having been thus read or referred to.

SEC. 2. Section three hundred and thirty-eight of the Act to regulate proceedings in civil cases in the Courts of this State is hereby amended so as to read as follows:

Section 338. When the party who has the right to appeal pealing may wishes a statement of the case to be annexed to the record of ment of case the judgment or order, he shall, within twenty days after the judgment. entry of such judgment or order, prepare such statement, which shall state specifically the particular errors or grouuds upon which he intends to rely on the appeal, and shall contain so much of the evidence as may be necessary to explain the particular errors or grounds specified, and no more, and shall serve a copy thereof upon the adverse party. The respondent may, within five days thereafter, prepare amendments to the statement, and serve a copy on the appellant. The statement and amendments which may be served shall be presented to the Judge who tried or heard the case, upon notice of two days to the respondent, and a true statement shall thereupon be settled by such Judge. If no amendments are served, the statement may be presented to the Judge for settlement without any notice to the respon

Time to

make statement limited.

dent.

SEC. 3. Section three hundred and thirty-nine of the said Act, as amended by the Act of May seventh, eighteen hundred and fifty-five, is hereby further amended so as to read as follows:

Section 339. If the party shall omit to make a statement within the time above limited, he shall be deemed to have waived his right thereto; and when a statement is made, and the parties shall omit within the several times above limited, the one party to propose amendments, the other to notify an appearance before the Judge, they shall respectively be deemed, the former to have agreed to the statement as prepared, and the latter to have agreed to the amendments as proposed, but the Judge who heard the cause shall, notwithstanding such omission or implied agreement, have power to correct any misstatement of facts or of his rulings which such statement may contain.

SEC. 4. This Act shall take effect on the first day of July next.

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