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For the relief of persons imprisoned on civil process. [Stats. 1850, p. 407; amended 1863, 93.]

Superseded by Code of Civil Procedure, secs. 1143-1151.

TITLE 31.

ARROYO DEL MEDU.

To declare the Arroyo del Medo in Santa Clara County navigable. [Stats. 1852, 223.]

Incorporated in Political Code, sec. 2349.

ACT 245.

TITLE 32.

ARTESIAN WELLS.

An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in this state. [Approved March 9, 1878; 1877-8, 195; amended 1901, 284.] What artesian wells declared nuisances-Misdemeanor. Section 1. Any artesian well which is not capped, or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor.

Same.

Sec. 2. Any person owning, possessing, or occupying any land pon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misde

meanor.

Artesian well defined.

Sec. 3. An artesian well is defined, for the purposes of this act, to be any artificial well, the waters of which will flow continuously over the natural surface of the ground adjacent to such well at any season of the year.

Waste defined.

Sec. 4. Waste is defined, for the purpose of this act to be the causing, suffering or permitting the waters flowing from such well to run into any river, creek, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the state of California, unless it be used thereon for the purposes and in the manner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so construed as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for ornamental ponds or fountains, or the propagation of fish. Proceedings for misdemeanor.

Sec. 5. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any justice's court of the county in which such well is located, and shall, upon conviction, be fined for each of fense not less than ten or more than fifty dollars. There shall also, upon conviction had, in addition to such fine, be taxed against such party the cost of prosecution. Such fine and costs may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in civil cases.

Duty of supervisors.

Sec. 6. It shall be the duty of the supervisors or road. masters, on complaint of any citizen within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute or cause to be instituted, criminal action for all violations of the provisions of this act, or for all public offenses defined in this act committed within such district.

Repeal.

Sec. 7. An act entitled "An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in Santa Clara and Los Angeles counties," approved March eighteenth, eighteen hundred and seventy

six, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed.

Sec. 8. Repealed. [Stats. 1901, 284.]

Amendment became a law under constitutional provision without governor's approval, March 14, 1901, Stats. 1901, 284; in effect immediately.

Sec. 9. This act shall take effect and be in force on and after the first day of July, A. D. eighteen hundred and seventy-eight.

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To punish assaults with caustic or corrosive liquids and substances. [Stats. 1867-8, 194.]

Superseded by Penal Code, sec. 244.

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County treasuries, protection of. [Stats. 1873-4, p. 393.] Probably repealed by County Government Acts, 1897, 452.

This act required the assessors of Siskiyou, Calaveras, Amador, and Alpine counties appointing deputies, in pursuance of power given by the board of equalization, to pay such deputies.

ACT 260.

TITLE 35.

ASSIGNMENTS OF CONTRACTS.

Relative to bonds, due bills and other instruments in writing and making them assignable. [Stats. 1850, p. 332.]

This act has not been in terms repealed, and in the absence of positive legislation, it is difficult to tell what, if any, part of it is in force.

ACT 265.

TITLE 36.
ATTORNEY-GENERAL.

The better to enable the collection of judgments in favor of the state. [Stats. 1858, 159.]

This act authorized the attorney-general to bid in property under execution in favor of and for the benefit of the state. It was superseded by Political Code, sec. 470, subd. 8.

ACT 266.

To provide the office of the attorney-general with law books required by him for the conduct of his business and requiring the state librarian to provide and furnish the same. [Stats. 1895, p. 65.]

ACT 271.

TITLE 37.

ATTORNEYS AT LAW.

Concerning attorneys and counselors at law. [Stats. 1851,

48.]

Amended 1859, 60; 1861, 40; 1869-70, 578. Code of Civil Procedure, secs. 275 et seq.

Superseded by

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Authorizing the trustees of Auburn to remove a cemetery, and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.] .

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For the relief of insolvent debtors. [Stats. 1880, p. 82.]

Amended 1891, 511; 1893, 45.

Cal.Rep.Cit. 65, 363; 106, 579.

ACT 283.

Repealed 1895, 131.

For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debt

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Amended 1897, 35. Superseded by the federal law.

Cal. Rep. Cit. 117, 28; 118, 435; 126, 638; 127, 104; 130, 572; 130, 573.

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Amended 1863-4, 158, 531; 1865-6, 626; 1869-70, 130; 1871-2, 132. Supplemented 1867-8, 459.

"Repealed by section 288, Civ. Code; and even as to pre-existing corporations modified by the codes and the constitution. (McGowan v. McDonald, 111, Cal. 57.)"-Code Commissioners' note. See, also, Laidlaw v. Pacific Bank, 70 Pac. 277; Murphy v. Pacific Bank, 119 Cal. 334.

Cal. Rep.Cit. 137, 395.

ACT 289.

72, 200; 111, 62; 111, 62; 119, 338; 137, 394;

Supplemental to the act for formation of savings corpora[Stats. 1867-8, p. 459.]

tions.

Repealed by section 288, Civ. Code. See note to Act 632, post.

ACT 290.

To provide for the formation of corporations for the accumulation of funds and savings and the direct promotion of manufacturing and mechanic arts, agriculture and mining. [Stats. 1869-70, 523.]

Repealed by sec. 288, Civ. Code. See note to act 632, post.

ACT 291.

Concerning corporations engaged in banking. [Stats. 1875-6, p. 729.]

Repealed 1893, 112; 1895, 77.

This act provided for the publication of sworn statements by

banks.

Cal. Rep.Cit. 72, 56; 97, 32.

ACT 292.

To compel savings banks to publish a sworn statement of unclaimed deposits. [Stats. 1893, p. 183.j

This act appears in full in Civil Code, Appendix, p. 674.

ACT 293.

To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. [Stats. 1897, p. 27.]

This act appears in full in Civil Code, Appendix, p. 675.

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