Cancella tion. Board authorized bonds. for the redemption of said bonds according to the number of their issue, of which the County Treasurer shall give the same notice as is required by law in the case of the redemption of county warrants; and, from the date of said notice, the bonds proposed to be redeemed shall cease to draw interest; and if any of such bonds shall not be presented within three months from the date of such notice, the County Treasurer shall apply the money for the redemption of the bonds next in order of the number of issue. SEC. 9. Whenever any bond shall have been paid the County Treasurer shall mark the same "canceled" over his signature, and return the same to the County Auditor, in the same manner as redeemed county warrants, with interest coupons not then due attached. SEC. 10. The Board of Supervisors of Fresno County are to purchase hereby authorized to order the Treasurer to invest any moneys in the Swamp Land Fund of said county in the purchase of said bonds; provided, that all interest accruing on bonds so purchased, and five per cent. per annum on the total amount of bonds so purchased additional, shall be placed in a sinking fund; and the Board shall from time to time cause the money in said fund to be applied to the redemption of bonds purchased with the said swamp land money, and the money paid for such bonds shall be returned to the Swamp Land Fund; provided further, if at any time legal claims for money from said Swamp Land Fund should be presented in excess of the amount of money remaining in such fund, it shall be the duty of the Board of Supervisors to sell such amount of bonds purchased by said funds as may be necessary to meet the payment of such demands. SEC. 11. The Board shall call such meetings, and enact such rules not in contravention with law, as shall be necessary to fully carry out the provisions of this Act. SEC. 12. This Act shall take effect and be in force from and after its passage. 187714-876 2300 Trespassing unlawful. Recovery of damages. CHAP. CXXXVI.-An Act concerning trespassing of animals upon private lands in certain counties in the State of California. [Approved March 7, 1878.] The People of the State of California, represented in Senate and SECTION 1. It is unlawful for any animal, the property of any person, to enter upon any land owned by or lawfully in the possession of any person other than the owner of such animal. SEC. 2. The owner of, or person who is in the lawful possession of, any land trespassed upon, in violation of this Act, is entitled to recover, by action in a Court of competent jurisdiction, from the owner of, or person in the possession of, or person chargeable with the care of, the trespassing ani 2.2 "eel 17306 177 l app D 133 6/151951 pp. mal or animals, all damage sustained by reason of such trespass, together with costs of suit. SEC. 3. For the purpose of allowing the plaintiff a better code of Civil security for the payment of any judgment he may recover in made appliactions brought under the first two sections of this Act, all cable." the provisions of the Code of Civil Procedure of this State relating to attachment process shall apply to such actions, subject only to the modifications herein contained, to wit: Instead of filing the affidavit on attachment required by sections five hundred and thirty-eight and eight hundred and sixty-six of said Code, the plaintiff is entitled to the issuance of a writ of attachment against the property of the defendant, upon filing his complaint stating a cause of action, verified according to the law concerning the verification of pleadings. SEC. 4. No animal is exempt from attachment or execution, levy and sale, to satisfy a judgment that may be rendered against the owner of such animal for trespass committed by such animal. brought. SEC. 5. When it is not known by the party injured to suit for damwhom the trespassing animal belongs, then and in that case ages, how the trespassing animal or animals shall also be liable for all damage done by such trespass, which liability may be enforced in the following manner: The party injured may bring an action in rem. in the District Court of the county directly against the trespassing animal or lot of animals trespassing at the same or different times, whether of the same or different marks or brands. The complaint shall describe the defendant animals to a common certainty, and by marks or brands, if marked or branded; and in other respects shall state a cause of action, and shall be verified. rected. SEC. 6. The summons in an action in rem. must be directed Summons, to the defendant animal or animals by like description as in how di the complaint, must be signed by the Clerk of the Court, issued under its seal, and must contain: First-The name of the plaintiff, and a designation of the defendant by like description as in complaint, the Court in which the action is brought, and the county in which the complaint is filed. Second-A general statement of the cause of action. Third-A direction that an answer in the case must be made to the complaint on file within ten days after a copy of the summons is posted at the Court-house door in said county. Four-A notice that unless the defendant so answers, the plaintiff will apply to the Court for the relief demanded in the complaint. summons. SEC. 7. Such summons shall be served by the Sheriff of Sheriff to the county, by posting a copy thereof at the Court-house post copy of door of the county, and the time in which an answer on the part of the defendant animal must be made is any time within ten days after such service by posting as aforesaid, and the effect of such service of summons shall be that all owners of and any person having any interest in any of such Clerk to enter default. District Court open of entering for purpose judgment. defendant animals are to be as conclusively bound by all the proceedings to be had in the case as though all such persons had been made parties to the suit and personally served with summons. Any person interested in any property sued may appear and defend as to such property; provided, that the name of any such person so appearing shall be entered as a defendant, and if the plaintiff recover judgment against such property, and the same does not sell for sufficient to pay the same, the unpaid balance may be docketed as a personal judgment against such person so appearing. SEC. 8. If no answer is filed within ten days after the day on which the summons has been posted, then the Clerk of the Court shall enter the default of the defendant animals so failing, upon proof being filed of the fact of posting of summons by the return of the Sheriff indorsed thereon to that effect. SEC. 9. In direct actions against trespassing animals, when the damage claimed is less than fifty dollars, and the value of the property sued is less than said sum of fifty dollars, and the complaint in the case is verified, and the defendant makes default, then and in such cases the said District Court is always open for the purpose of entering judgment upon such default, though the Judge of the Court may be absent from the county where the action is pending or presiding in another Court in a different county, and upon such verified complaint, return of Sheriff, and summons, certificate of entry of default by the Clerk, and depositions of witnesses on the part of plaintiff to be taken before the Clerk of the Court, after posting notice of taking such depositions two days at the Court-house door, the Court shall, upon application of plaintiff, if the Court is satisfied that from the proof the plaintiff is entitled to recover, render judgment, within two days after receipt of the papers in the case by the Judge, for such amount as may be just, in favor of the plaintiff, and transmit the same to the Clerk of the Court, who shall enter it in the judgment book of the Court, and thereafter the plaintiff may cause an execution to issue upon the same. If the Court has any reasonable ance of case. doubt as to the merits of plaintiff's case, it shall be his duty to order the same to be continued for a hearing to such time as the Court may fix, when the same can be tried in regular term, with the witnesses in open Court. Continu Court to fix amount of damages. SEC. 10. The plaintiff may procure an attachment against the property defendant in an action in rem, under this Act, in the same manner as in cases where the owner is sued, and the undertaking on attachment shall enure to the benefit of the owner of the property defendant if plaintiff fail to recover in the action. SEC. 11. When the plaintiff recovers in an action against the trespassing animals, the judgment of the Court shall fix the amount due the plaintiff for damages and costs, and if any person has appeared for the defendant property, the name of such person, and shall direct that the defendant property be sold according to law and the proceeds thereof applied to the payment of the expenses of such sale, the amount due plaintiff, and the costs in the case, and that any overplus there may be be paid into Court. SEC. 12. Any such overplus so paid into Court shall be overplus. paid to the party in good conscience entitled thereto, upon an order of Court made for that purpose. how made. SEC. 13. Any person injured by a violation of section one Payment for of this Act, may, at his option, distrain and take into his damages; possession any trespassing animal or animals and keep the same two days without instituting any legal proceedings under this Act, so that he may have proper time in which to make the necessary inquiries as to the ownership of the animals and to determine which remedy given herein he is entitled to; but the owner, or any person having special property in the animal distrained, shall be entitled to the same upon tendering to the distrainer the amount of damage done or an undertaking, with two good and sufficient sureties, in double the amount claimed by the distrainer for damages and cost of keeping, conditioned that he will pay to the distrainer all damages he has sustained by reason of such trespass, together with a reasonable sum for care and feed of the animals while distrained, and costs of suit; and as between the parties tendering and receiving such undertaking, such tender and receipt is conclusive evidence that the party tendering is the owner of the animals distrained and legally chargeable with any damage it may have done to dis trainer. SEC. 14. In all other matters than those in which a diferent rule is herein prescribed the course of procedure prescribed in the Code of Civil Procedure shall prevail in suits brought under this Act. distrained SEC. 15. Whenever any animal is lawfully distrained Care and under section thirteen of this Act, then the distrainer shall feed of be entitled to recover reasonable compensation for care and animals. feed of such animal during the time of such lawful distrainment; and in actions brought under the provisions of this Act, when the plaintiff recovers, then a reasonable sum for keeping any animal levied upon by attachment process or under execution shall be allowed as costs of suit. certain SEC. 16. This Act shall apply to all of that part of the Act made County of San Bernardino lying south of a line drawn due applicable to east and west from the Colorado River to the western bound- districts. ary line of said county, on the township line between townships two and three north of San Bernardino base line and Alpine County, and all that portion of Salmon Falls Township, in El Dorado County, lying south of the south fork of the American River, and to the Counties of Colusa, and that portion of Tehama County lying west of the Sacramento River and south of Red Bank Creek, Humboldt, Merced, Solano, Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento, and to the Townships of White Oak and Mud Springs, in the County of El Dorado. SEC. 17. All Acts and parts of Acts, in so far as the same may conflict with this Act, are hereby repealed. SEC. 18. This Act shall take effect from and after its passage. Power of political committees. Size of vignette. Length of tickets. Copy of vignette to be filed. Misdemeanor. Same. CHAP. CXXXVII.-An Act to prevent the circulation of bogus election tickets, and to prevent frauds upon voters. [Approved March 7, 1878.] The People of the State of California, represented in Senate and SECTION 1. It shall hereafter be lawful for the State Central or other managing committee of any political party having a State organization, and for the city or county or other managing committee of any municipal or local party, before each election in this State, to prepare and adopt, by engraving or otherwise, a ticket vignette, or heading, with an appropriate inscription, to be printed at the top of the ticket of the party, on the inside thereof, as a distinctive and characteristic heading thereto. Such vignette shall not be more than two inches high by four and a half inches wide, and in addition to the device adopted shall set forth legibly the fact that the ticket is the regular ticket of the party, with the name thereof. It shall also show the district, ward, or precinct where such ticket may be lawfully voted. Said vignette and inscription shall stand at the head of the ticket, on the inside thereof, and be followed within a space not to exceed one-half of an inch, by the word "For" on the first line thereof, and the names of candidates and offices shall then be printed below in the order and manner provided for in section eleven hundred and ninety-one of the Political Code. The length of the tickets to be used at elections in this State hereafter shall, in case the length of tickets now allowed by law is insufficient to permit of the printing of such vignette, or heading, and have sufficient margin at the top and bottom, and not otherwise, be increased two inches in addition to the length prescribed by section one thousand one hundred and ninetyone of the Political Code, in order to allow space for said vignette and inscription. SEC. 2. When such vignette and inscription have been adopted and prepared, an impression of the same, followed by the regular ticket of such party, printed so as to constitute a lawful election ballot, and sealed up in an envelope, may be filed with the County Clerk of the county at any time before the opening of the polls on election day. Such ballot shall be kept by said Clerk on deposit, and from the time of said filing it shall be unlawful for any person to imitate, copy, or in any manner counterfeit the same. Any person violating the foregoing provision shall be deemed guilty of a misdemeanor, and on conviction punished accordingly. SEC. 3. Any person who shall knowingly print, circulate, or distribute, any ticket, or tickets, ballot, or voting paper, having therein, or thereon, the vignette, or an imitation of the vignette or inscription, of any ballot or ticket so filed with the County Clerk, but containing the name or names of any candidate or candidates, other or different from the name or names, candidate or candidates, upon the ballot or ticket of such party so filed or deposited with said Clerk, shall |