Form of Affidavit for Publication of Summons.

SEC. 26. The following is a form of affidavit for publication of summons:

In the justice's court of the .... township, in the county of state of ...

being duly sworn, says: That he is the plaintiff in the aboveentitled action; that the complaint in said action was filed with the justice of the above-named township, on the .... day of A.D. 18.., and summons thereupon issued; that said action is brought to recover the sum of .... hundred dollars due and unpaid from .... the defendant in said action, to said plaintiff upon a promissory note made by said defendant, and dated at the county of .., on the day of A.D. 18 days to the said plaintiff with interest at the rate of month until paid [or state such other cause of action as may exist against the defendant in respect to whom the service is to be made].

payable in .... per cent. per

....

That said defendant resides out of this state, and cannot, after due diligence, be found therein [or, "that that the said defendant has departed from this state and cannot, after due diligence, be found therein," or, "conceals himself to avoid the service of said summons," as the case may be], and said affiant, in support thereof, states the following facts and circumstances: That said summons, issued as aforesaid, was delivered to the constable of said township, that being the township where the said defendant last resided within this state, with directions to said constable to serve the same upon said defendant; and said constable has returned said summons to said justice with his return thereon indorsed, to the effect that said defendant could not be found in his township.

That said affiant has made diligent inquiry to find said defendant, but cannot, after due diligence, find him within this state [here state in detail the acts constituting due diligence to find the defendant and his place of residence, and the facts from which it shall appear to the satisfaction of the justice that the defendant resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or that he conceals himself to avoid service of summons]; e. g.

That affiant, for the purpose of finding said defendant and ascertaining his place of residence, has made due and diligent inquiry of and among the relations, former neighbors, friends, business agents and correspondents, of the said defendant [as the fact may be, stating the names of the parties inquired of], and is informed by the agent [or, "brother," or, "neighbor"] of said defendant, residing in the township of ... in the county of that said defendant is not, and does not, reside in this state, but that he is, and resides, out of this state, and that his present place of residence is at the city of ...., in the state of ..... Or,

.....

.........

....

....

That the said defendant is a resident of this state, and until the day of..., 18., resided in the township of in the county of ....; that on the day last aforesaid the said constable called at said said defendant's house with intent to serve said summons upon him, and that the wife of said defendant stated that he had not been home for days, and she did not know where he was; that on the next day said constable called again and found the house locked up, and on inquiry at the next house was informed by who resides there, that said defendant's wife had gone with her children into the country, and had said she should not return; that affiant called at said defendant's place of business and found it closed, and who was formerly employed as clerk of said defendant, told affiant that said defendant had discharged him .... days before, saying that he had failed and must leave the state. Said affiant therefore says that said defendant has departed from this state, and cannot, with due diligence, be found therein [or, "conceals himself to avoid the service of said summons,” or both].

one ....

Or,

.....

....

That the last known place of residence of said defendant was within this state, to wit: at the township of in the county of ...., but that he removed thence on or about the day of...., and his residence at this time cannot, on due inquiry, be ascertained; that said affiant has diligently made such inquiry, and for the purpose of ascertaining his place of residence he has inquired of the former neighbors and acquaintances [naming them] of said defendant at said township, and of his father and brother, who reside at said township, and is informed by them that they are ignorant of said defendant's residence, but that he is not, as they believe, within this state. [If the defendant's residence is known it must be stated, or if it can be ascertained it must be stated.]

Said affiant therefore says that personal service of said summons cannot be made on said defendant, and prays for an order that service of the same may be made by publication thereof.

Subscribed and sworn to before me, this .... day of

Form of Order for Publication of Summons.

SEC. 27. The following is a form of order for publication of summons:

In the justice's court of the....township, in the county of state of ....

.....

.......

plaintiff, against

defendant.

......

Upon reading and filing the affidavit of . . . . . . . ., the plaintiff in the aboveentitled action and it appearing to the satisfaction of me, one of the justices of the peace of the above-named township, that .... the defendant in said action, resides out of the state and cannot, after due diligence, be found therein [or, "has departed from the state and cannot, after due diligence, be found within the state," or, "conceals himself to avoid the service of the

.........

summons in said action," as the case may be], and it also appearing from the said affidavit that a cause of action exists in said action in favor of said plaintiff and against said defendant, and that a summons has been duly issued out of the above-named court in said action, and that personal service of the same cannot be made upon the said defendant for the reasons hereinbefore contained and by the said affidavit made to appear. On motion of said plaintiff [or, ".... .., attorney for said plaintiff'], it is ordered, that the service of the summons in said action be made upon said defendant by the publication thereof in the ...., a newspaper published at ...., in the county of...., hereby designated as the newspaper most likely to give notice to said defendant, and that such publication be made at least once a week for three months [or such other length of time as may be deemed reasonable: provided, that publication against a defendant residing out of the state or absent therefrom be not less than three months].

state

And it further in like manner appearing to my satisfaction that the residence of said defendant is known to be at ...., in the county of of ...., it is ordered, that a copy of the said summons be forthwith deposited in the post-office, postage prepaid, directed to the said defendant at his said place of residence.

Dated

.......

A.D. 18.

Justice of the peace.

Form of Affidavit of Publication of Summons.

SEC. 28. The following is a form of affidavit of publication of summons:

In the justice's court of the.... township, of the county of...., state of ....

SS.

of said county, of being .... duly sworn .... says: That he is a white male citizen of the United States, over twenty-one years of age, and is competent to be a witness on the trial of the above-entitled action; that he is the principal clerk and book-keeper in the office of the ...., a newspaper printed and published in the said county; that the summons of which the annexed is a printed copy [annex printed copy of summons to this affidavit] was published in said newspaper at least once a week for three months, commencing on the day of ...., A.D. 18.., and ending on the .... day of...., A.D. 18..

Subscribed and sworn to before me, this .... day of ......, A.D. 18..

Justice of the peace.

Form of Affidavit of Deposit of Summons in the Post-office.

SEC. 29. The following is a form of affidavit of deposit of summons in the post-office :

In the justice's court of the .... township, in the county of...., state of....

....., of said county, being .... duly sworn,... says: That he is a white male citizen of the United States, over twenty-one years of age, and is competent to be a witness on the trial of the above-entitled action; that on the .... day of, A.D. 18.., the complaint in the said action was filed, and afterwards an order was made by the court for the publication of the summons in said action, and also a further order that a copy of said summons should be deposited in the post-office and directed to the defendant in said action at his place of residence, to wit: at in the county of ...., state of....; that afterwards, to wit: on the ... day of ...., A.D. 18.., and in pursuance of the said order of the court in the premises heretofore made, he deposited in the post-office at ...., a copy of the said summons directed to the said defendant, at ...., in the county of...., state of ..... the place of his residence as aforesaid, and paid the postage thereon in ad

.........

vance.

Subscribed and sworn to before me, this .... day of

Statutes Creating the Office and Defining the Duties of Sheriffs

and Constables.

SECTION 1. All county officers in every county of the

state, and officers of a subdivision of a county, other than judicial officers and county supervisors, shall be elected by the qualified electors of their respective counties or subdivisions of a county at the general election in the year one thousand eight hundred and sixty-three, and of every second year thereafter, and shall hold their offices for the term of two years from and after the first Monday of March subsequent to their election, and until their successors are elected and qualified, except constables, who shall hold their offices for the term of two years from and after the first day of January next after their election, and until their successors are elected and qualified: provided, that the present officers mentioned in the preceding part of this section shall continue in office until the first Monday in March, one thousand eight hundred and sixty-four, except constables, who shall continue in office until the first day of January, one thousand eight hundred snd sixty-four.

SEC. 2. An act concerning sheriffs, passed April 29th, 1851, provides as follows: 1st. There shall be a sheriff in each of the counties of this state, to be elected in the manner prescribed by law. 2d. Before entering upon the discharge of his duties, each sheriff shall take the oath of office and give a bond to the state in the form prescribed by the "act concerning the official bonds of officers," conditional for the faithful performance of the duties of his office. The penalty of the bond to be given shall be as follows: In the counties of San Francisco and Sacramento the sum of one hundred thousand dollars; in the counties of Santa Clara, El Dorado and Yuba, the sum of fifty thousand dollars; in all other counties except San Luis Obispo and Santa Barbara, the sum of twenty-five thousand dollars; and in San Luis Obispo and Santa Barbara counties, twelve thousand dollars. 3d. The sheriff shall be a conservator of the peace in his county. 4th. It shall be the duty of the sheriff within his county:

First-To arrest and take before the nearest magistrate for examination all persons who commit or attempt to commit a public offense in his presence, or who have committed a public offense.

Second-To prevent and suppress all arrays, breaches of