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but such extension shall not exceed thirty days beyond the time prescribed by this act, without the consent of the adverse party."
Stat. 1851, 104, read: "The time within which an act is to be done, as provided in this act, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded." 27 Cal. 108.
§ 1055. (§ 645.) If an action is brought against a sheriff for an act done by virtue of his office, and he give written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein is conclusive evidence of his right to recover against such sureties; and the court, or judge in vacation, may, on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs.
21 Cal. 438; 28 Cal. 101.
§ 1056. (§ 646.) In the counties of Monterey, San Luis Obispo, Santa Barbara, Los Angeles and San Diego, if the defendant requires it, a copy of the summons or other process in the Spanish language must be delivered to him; and in the counties of Santa Barbara, San Luis Obispo, Los Angeles, San Diego and Monterey, with the consent of both parties, the process, pleadings and other proceedings in a cause, may be in the Spanish language.
Stat. 1862, 567, inserted the words "it shall be the duty of the officer to give the defendant, in a civil action, if said defendant shall require it" instead of "if the defendant requires it;" also omitted the words "must be delivered to him;" al inserted "it shall be lawful" between Monterey" and "with the consent;" also "to have" between "both parties" and "the process; "also omitted the words "may be."
Stat. 1857, 29, was same as stat. 1862, adding the counties of Santa Clara, Santa Cruz and Contra Costa in the first clause; and Santa Cruz in the last clause.
Stat. 1851, 152, was same as stat. 1857, omitting from the last clause thereof, Monterey, and Santa Cruz; also prefixing the words "whenever a summons or other process, is served upon a party who is unable to read, or who does not understand the English language, it shall be the duty of the officer making the service to explain to such party, the nature of the summons, or other process."
§ 1057. (§ 650.) In all cases where an undertaking with sureties is required by the provisions of this code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the state, and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; but C. C. P.-30
when the amount specified in the undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties.
Stat. 1854, 71, § 62, read "the judge, justice, clerk or other officer" instead of "the officer."
Applied to guardians by $1809.
2 Cal. 562; 7 Cal. 514; 13 Cal. 606; 28 Cal. 12.
§ 1058. In any civil action or proceeding wherein the state or the people of the state is a party plaintiff, or any state officer, in his official capacity or on behalf of the state, or any county, city or town, is a party plaintiff or defendant, no bond, written undertaking or security can be required of the state or the people thereof, or any officer thereof, or of any county, city or town; but on complying with the other provisions of this code, the state or the people thereof, or any state officer acting in his official capacity, have the same rights, remedies and benefits as if the bond, undertaking or security were given and approved as required by this code.
Vide stat. 1863-64, 261.
Also stat. 1856, 26.
Also stat. 1859, 223.
OF SPECIAL PROCEEDINGS
OF A CIVIL NATURE.
TITLE I. OF WRITS OF MANDATE AND PROHIBITION. §6 1067-1110.
TITLE II. OF CONTESTING ELECTIONS. §§ 1111-1127.
TITLE VI. OF VOLUNTARY DISSOLUTION OF CORPORATIONS. § 1227-1233.
TITLE VII. OF EMINENT DOMAIN. §§ 1237–1263.
TITLE VIII. OF ESCHEATED ESTATES. §§ 1269–1272.
OF CHANGE OF NAMES. §§ 1275-1278.
OF ARBITRATIONS. § 1281-1293.
TITLE XI. OF PROCEEDINGS IN PROBATE COURTS. § 1298
TITLE XII. OF SOLE TRADERS. §§ 1811-1821
SECTION 1063. Parties, how designated.
Judgment and order same meaning as in civil actions.
The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party, as the defendant.
Vide $ 309.
Ø 1064. A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.
Vide $$ 577-1003.
OF WRITS OF REVIEW, MANDATE AND PROHIBITION.
CHAPTER I. WRIT OF REVIEW.
II. WRIT OF MANDATE.
III. WRIT OF PROHIBITION.
IV. WRITS OF REVIEW, MANDATE AND PROHIBITION
MAY ISSUE AND BE HEARD AT CHAMBERS.
V. RULES OF PRACTICE AND APPEALS.
WRIT OF REVIEW.
Writ of review defined.
1068. When and by what courts granted.
1069. Application for, how made.
1070. The writ to be directed to the inferior tribunal, ete. 1071.
Contents of the writ.
1072. Proceedings in inferior court may be stayed, or not. 1073. Service of the writ.
1074. The review under the writ, cxtent of.
1075. A defective return of the writ may be perfected.
Hearing and judgment.
1076. Copy of judgment must be sent to the inferior tribunal.
1077. Judgment rolls.
§ 1067. (§ 455.) The writ of certiorari must hereafter be known as the writ of review.
Stat. 1851, 123, read "may be denominated."
§ 1068. (§ 456.) writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.
Stat. 1851, 123, read: "This writ may be granted on application, by any court of this state, except a justice's, recorder's, or mayor's court: the writ shall be granted in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor in the judginent of the court, any plain, speedy and adequate remedy."
1 Cal. 152, 187; 2 Cal. 263; 4 Cal. 185; 5 Cal. 476; 7 Cal. 113, 244; 8 Cal. 58; 10 Cal. 346; 14 Cal. 479; 18 Cal. 49; 19 Cal. 78; 21 Cal. 166; 22 Cal. 465; 23 Cal. 492; 25 Cal. 94; 28 Cal. 115; 30 Cal. 98; 25 Cal. 269; 39 Cal. 570; 40 Cal. 344, 479, 481, 612.
As to jurisdiction, see §§ 43, 57, and 85.