Proviso. Repealing clause. Grand jurymen. Trial jury. Formation and drawing of trial jury. any term in the county court, in said city and county, shall be required to serve as a juror in any of the said courts for one year thereafter; provided that this exemption shall not apply in the case of persons summoned to form or complete a jury for the trial of a particular case. Upon discharging a jury for the term, the court shall direct the clerk to issue certificates of service to such of the jurors as shall, in the opinion of the court, be entitled thereto, which certificates shall be evidence of the fact of such service in any of said courts. [Amendment, approved April 27, 1863, 614; took effect January 1, 1864. 3938. SEC. 9. An act entitled An Act to prescribe the mode of drawing grand jurors and trial jurors in the City and County of San Francisco, approved April second, eighteen hundred and fifty-seven, is hereby repealed; and all acts and parts of acts repealed by this act first named in this section, are hereby revived, except so far as the same are inconsistent with this act.(") 3939. SEC. 10. Nothing in this act contained shall be construed to affect the legality of a panel of jurymen which may have been summoned to attend any court at the time when this act shall take effect, but such jurymen may continue to serve until the end of the term for which they shall have been summoned, in the same manner as if this act had not been passed. An act amendatory of and supplementary to the foregoing act of May 20, 1861. Approved April 27, 1863, 614. [SECTIONS 1, 2, 3, and 4, contain the amendments to Secs. 1, 4, 5, and 8, of the foregoing act of May 20, 1861, therein inserted.] 3940. SEC. 5. All persons summoned by virtue of any order of any of said courts for a trial jury for any term thereof, or by virtue of any order of any of said courts for persons to complete a trial jury for the term, shall, if not excused or discharged, be trial jurors for the term for which they are summoned, and whenever, from any cause, of the persons so summoned there shall not be a sufficient number of those not excused or discharged, to form juries for the convenient and speedy transaction of business, the court may make an order for additional persons to complete the jury for term. 3941. SEC. 6. When any action, civil or criminal, shall be called for trial by jury in any of said courts, the clerk of the court shall prepare separate ballots, containing the names of the jurors summoned and then present in court, and deposit them in a box. The clerk, or sheriff, under the direction of the court, shall then draw from the box twelve names, or such other number as may be required to form a jury, and the persons whose names are so drawn shall, unless excused or discharged, constitute the jury. If any of the persons whose names are so drawn shall be excused or discharged, their places shall be supplied by other persons, whose names shall, in the same manner, be drawn from the box; and this process shall be repeated till the jury is completed. If all the names shall be drawn from the box before the jury is completed, the court may make an order or orders for persons to complete the jury, and upon the return thereof, the process before prescribed as to the names and drawing, shall be continued till the jury is completed. Whenever, in any case, the jury have retired for deliberation, and are still absent, another action may be called for trial, and a jury be formed therefor, as in this section before provided. SEO. 7. The seventh section of the said act is hereby repealed. 3942. SEC. 8. All general acts and parts of general acts relating to juries or jurors in this State, are and shall be, except so far as they are inconsistent with this act and the act named in the title of this act, in full force in said city and county. SEC. 9. This act shall take effect on the first day of January, A. D. eighteen hundred and sixty-four. [The effect of Sec. 8 of the above act would seem to make the act of April 27, 1863, 630, given ante, 2870, applicable to San Francisco, where not inconsistent with the acts referred to. See, in the same connection, Sec. 9 of the preceding act.] (*) In regard to the effect of this section, compare with it the eighth section of the following act. 572 3943. Klamath County. REFERENCES TO SPECIAL AND LOCAL ACTS. Authorizing F. F. Marx and others to construct wharf at Trinidad, 1858, 252. For adjustment and final settlement of indebtedness of Del Authorizing J. Camp and J. M. Fry to remove certain remains, Concerning roads and highways, 1861, 160; 1862, 69; 1863-4, Providing for public administrator, 1862, 43; 1863, 23. Authorizing board of supervisors to levy special tax and create Regulating fees of officers, 1863, 281. Authorizing board of supervisors to levy special tax to create contingent fund, 1863-4, 9. In regard to holding terms of county court, 1863-4, 118. Authorizing C. B. Ryder to construct wharf at Trinidad Bay, Fixing amount of official bonds of county officers, 1863-4, 480. 1859, 189. 3945. SECTION 1. Ten hours shall be considered a legal day's labor in any action in Ten hours law, in any of the courts of this State. Lake County. declared a legal day's labor. or by sufferance, how terminated. 3947. SECTION 1. Wherever there is a tenancy at will, or by sufferance, created by Tenancy at will the tenant's holding over his term, or otherwise, the same may be terminated by the landlord's giving one month's notice, in writing, to the tenant, requiring him to remove from the premises. 3948. SEC. 2. Such notice shall be served by delivering the same to such tenant, or Service of notice. to some person of proper age residing on the premises; or, if the tenant cannot be found, and there be no such person residing on the premises, such notice may be served by affixing the same on a conspicuous part of the premises, where it may be conveniently read. 3949. SEC. 3. At the expiration of one month from the service of such notice, the Landlord may re-enter. 245/848 P262 1863 Dage 452 Juning County This sot not in force. All set of Ahy Notice by tenant. Double rent may Holding over of of the peace. landlord may re-enter, or maintain ejectment, or proceed in the manner prescribed by law to remove such tenant, without any other or further notice to quit. 3950. SEC. 4. If any tenant shall give notice of his intention to quit the premises by him holden, and shall not accordingly deliver up the possession thereof at the time in such notice specified, such tenant, his executors or administrators, shall from thenceforward pay to the landlord, his heirs or assigns, double the rent which he should otherwise have paid, to be sued for and recovered at the same time and in the same manner as the single rent; and such double rent shall be continued to be paid during all the time such tenant shall continue in possession, as aforesaid. 3951. SEC. 5. If any tenant, or any other person, who may have come into the possession of lands, or tenements, under, or by collusion with, such tenant, shall wilfully hold over any lands, or tenements, after the termination of such term, and after demand made, and one month's notice in writing, given in the manner herein before prescribed, requiring the possession thereof by the person entitled thereto, such person holding over shall pay to the person so kept out of possession, or his representatives, at the rate of double the monthly value of the lands, or tenements, so detained, for so long a time as he shall so hold over, or keep the person entitled out of possession; and shall also pay and remunerate all special damages whatever to which the person so kept out possession may be subjected by reason of such holding over; and there shall be no relief in equity against any recovery had at law under this section. 3952. [An Act concerning forcible entries and unlawful detainers, passed April 22, 1850, 425, Sec. 13, and various amendatory and supplemental acts, particularly the act of May 20, 1861, 582, and the act of April 25, 1862, 420, provided for cases of holding over after rent due, etc., as between landlord and tenant. All those acts were repealed by the new act concerning forcible entries and unlawful detainers, of April 27, 1863, 652; and the legislature has seemed to divide the subjects hitherto embraced in one act, by the passage, in addition to the new act referred to, of the following separate act, which embraces, with further provisions, the provisions referred to.] An Act concerning unlawful holding over of lands, tenements, and other possessions. 3953. SECTION 1. When any person or persons shall hold over any lands, tenements, Lurties defendant. hange of terms lease. Notice. Proviso. 3954. SEC. 2. In all leases of lands and tenements, or any interest therein, from month to month, the landlord is hereby authorized, on giving notice in writing, at least fifteen days before the expiration of the month, to change the terms of the lease, to take effect at the expiration of said month, said notice when served upon the tenant shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, covenants, and conditions specified in said notice; provided, that if the tenant shall surrender and yield up to the landlord the lands, tenements, or interests 574 therein held by him, at or before the expiration of said month, he shall not be bound by the terms, covenants or conditions set forth in said notice. sion for one year 3955. SEC. 3. The remedy provided for in this act shall not apply as against any Adverse possesperson who shall have held the premises demised, leased or let to him, or to the person under or through whom he holds the possession for one year, adversely to the right, title, or claim of the landlord, or to the person under or through whom he claims. 3956. SEC. 4. When any complaint shall be made in writing, under oath, to any Complaint. justice of the peace, of any such unlawful holding over, said justice shall issue a summons, directed to the sheriff or any constable of the county, commanding him to summon the person or persons against whom such complaint shall have been made, to Summons. appear before said justice on a day in such summons named, which shall not be less than two nor more than ten days from the day of issuing such summons, and at the place therein mentioned. summons. 3957. SEC. 5. Such summons shall be served upon the person or persons against Service of whom the same is issued, by delivering a certified copy thereof to such person or persons, at least two days before the return day thereof, and the officer serving the same shall make a special return of the time and manner of serving such summons. 3958. SEC. 6. After the return of the summons, served as herein before provided, Trial by jury. and at the time and place appointed in said summons, the justice shall proceed to hear and determine said complaint, unless either party shall demand a jury, in which case the justice shall issue a venire for a jury, in the same manner and upon the same terms as in other cases provided for trial by jury in justices' courts, and such jury shall be sworn as in other cases. mons, where de 3959. SEC. 7. If, at the time of making such complaint, it shall be made to appear Service of sumthat the person or persons against whom said complaint is made, or either of them, fendant absent. are absent from the county, it shall be the duty of the justice before whom the same is made, to issue his summons, as herein before provided, and the same may be served by leaving a certified copy thereof at the last and usual place of abode of such person or persons not less than two days before the return day thereof, which copy shall be left with some member of the family, or some person residing at such place, of suitable age and discretion, to whom the contents thereof shall be explained by the officers leaving the same, and the officer shall make a special return of the time and manner of serving said summons, and the suit shall thereafter proceed the same as though a personal service were had of such summons. trial. 3960. SEC. 8. The justice may, at his discretion, adjourn any trial under this act Adjournment of not exceeding ten days; and when the defendant, his agent, or attorney, shall make oath that he cannot safely proceed to trial for want of some material witness, naming him, that he has made due exertion to obtain such witness, and believes, if an adjournment be allowed, he will be able to procure the attendance of such witness, or his deposition, in time to produce the same upon the trial, in which case, if such person or persons will give bond, with one or more sufficient sureties, conditioned to pay the said complainant for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the said justice shall adjourn said cause for such reasonable time as may appear necessary, not exceeding three months. 3961. SEC. 9. The testimony of any witness, which may be considered necessary Testimony. by either party, may be taken in the same manner, and with the like effect, as is provided for the taking of testimony in other cases in justices' courts. 3962. SEC. 10. If, upon the trial of any complaint under this act, the justice or Judgment. jury shall find the defendant or defendants, or either of them, guilty of the allegations in the complaint, said justice shall thereupon enter judgment for the complainant to have restitution of the premises, and shall tax the costs for the complainant, and Costs. may issue execution therefor; and the said justice shall also award and issue an execution; but if the said justice, or the jury, find that the person complained of is not guilty, the justice shall tax the costs against the complainant, and issue execution therefor. If the jury impaneled cannot agree upon a verdict, the justice may discharge them and issue a new venire, returnable forthwith, or at some other time agreed upon by the parties. 3963. SEO. 11. In all cases of a verdict by the justice, or jury, for the complainant, Damages. the damages shall be assessed, if claimed in the complaint, as well for waste and injury committed upon the premises as for the rents and profits during such unlawful holding over, and the verdict shall also find the monthly value of the rents and profits of the Jurors and witnesses failing to appear, etc. Appeal. Stay of proceedinga Possession of premises. Power of appellate court to allow amend said premises; and the complainant shall be entitled to recover treble damages against the persons against whom judgment has been rendered, which damages shall be assessed by the justice, or jury, and when so assessed shall be trebled by said justice, and entered as a judgment in the cause upon which execution may issue. 3964. SEC. 12. Every person summoned as a juror, or subpoenaed as a witness, who shall not appear, or who, appearing, shall refuse to serve or give evidence in any prosecution instituted under this act, shall forfeit and pay for every such default or refusal, to the use of the county, unless some reasonable cause be assigned, such fine, not exceeding twenty dollars, as the said justice shall think proper to impose, and execution may be issued therefor. 3965. SEC. 13. If either party shall feel aggrieved by the verdict of the jury, or decision of the justice, he may appeal within ten days, as in other cases tried before justices of the peace; and he shall give bonds, with two or more sufficient sureties, to be approved by said justice, in all respects as appeals are perfected in other cases before justices of the peace, conditioned to pay all costs of such appeal, and abide the order the court may make therein, and pay all rent and other damages justly accruing during the pendency of such appeal; and upon the filing of the notice of appeal and the affidavit of the appellant that the appeal is taken in good faith, and that he intends to perfect said appeal, the justice shall grant a stay of the writ of restitution for not exceeding two days, for the purpose of allowing the appellant an opportunity to file his appeal bond, and for no other. 3966. SEC. 14. Upon taking such appeal, all further proceedings in the case shall be thereby stayed, and the appellate court, in all cases which are now pending, or which may hereafter be brought, shall proceed to try the case anew, and shall issue all necessary writs and process to carry out the provisions of this act. All laws, or parts of laws, which require a statement of the case, or evidence or exceptions to be taken before a justice of the peace on the trial of the case for an unlawful holding over, in order to perfect an appeal, are hereby repealed, and the same shall be tried in the appellate court on the evidence introduced before said appellate court. 3967. SEO. 15. If a writ of restitution shall have been issued previous to the taking of the appeal, the justice shall give the appellant a certificate of the allowance of such appeal, and upon the serving of such certificate upon the officer having such writ of restitution, said officer shall cease all further proceedings by virtue of such writ, and if such writ shall not have been completely executed, the parties in possession shall remain in possession of the premises until the appeal shall be determined. 3968. SEC. 16. In all cases of appeal under this act, the appellate court shall not dismiss or quash the proceedings for want of form; provided, the proceedings have been conducted substantially according to the provisions of this act; and amendments Construction of to the complaint, answer, or summons, in matters of form only, may be allowed by ments. Proviso. answer. Forms. the court at any time before final judgment upon such terms as may be just, and all matters of excuse, justification, or avoidance of the allegations in the complaint, may be given in evidence under the answer. 3969. SEC. 17. The following or equivalent forms may be used in proceedings under this art, to wit: SUMMONS. Summons "The People of the State of California, to the sheriff or any constable of the County of Whereas, A. B., of the County of —, hath exhibited unto me, A. D. at the County of a justice of the peace for said county, a complaint against C. D., of the County of A. D. day of A. D. "E. F., Justice of the Peace." WRIT OF RESTITUTION. "The People of the State of California, to the sheriff or any constable of the County aforesaid: Whereas, A. B., of the County of |