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§ 1213. (§ 483.) Whenever a warrant of attachment is issued, pursuant to this title, the court or judge must direct, by an indorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such indorsement.

Stat. 1859, 140-1.

Stat. 1851, 127, read: "Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge shall direct whether the person charged may be let to bail for his appearance, upon the warrant, or detained in custody without bail; and if he may be bailed, the amount in which he may be let to bail; the directions given in this respect shall be specified in the warrant or indorsed thereon."

§ 1214. (§ 484.) Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

§ 1215. (§ 485.) When a direction to let the person arrested to bail is contained in the warrant of attachment, or indorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon; or they will pay as may be directed, the sum specified in the warrant.

§ 1216. (§ 486.) The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

§ 1217. (§ 487.) When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

§ 1218. (§ 488.) Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged

that he is guilty of the contempt, a fine may be imposed on him not exceeding five hundred dollars, or he may be imprisoned not exceeding five days, or both.

§ 1219. (§ 489.) When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he have performed it, and in that case the act must be specified in the warrant of commitment. 47 Cal. 133.

§ 1220. (§ 491.) When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

§ 1221. (§ 492.) Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attend

ance.

$1222. (§ 493.) The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive. Stat. 1851, 128, added the words: "The punishment shall be by fine or by imprisonment, but no fine shall exceed the sum of five hundred dollars and no imprisonment shall exceed the period of five days, except as provided in section 489."

5 Cal. 494; 7 Cal. 175.

C. C. P.-34

TITLE VI.

OF THE VOLUNTARY DISSOLUTION OF CORPORA

TIONS.

SECTION 1227. How dissolved.

1228. Application, what to contain.

1229. Application, how signed and verified.

1230. Filing application and publication of notice.

1231. Objections may be filed.

1232. Hearing of application.

1233. Judgment roll and appeals

§ 1227.

A corporation may be dissolved by the county judge of the county where its office or principal place of business is situated, upon its voluntary application for that purpose. Vide $1233 and note.

38 Cal. 166.

1228. forth:

The application must be in writing, and must set

1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-third vote of all the stockholders or members. 2. That all claims and demands against the corporation have been satisfied and discharged.

Wide § 1233 and note.

1229.

The application must be signed by a majority of the board of trustees, directors or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. Vide § 1233 and note.

§ 1230. If the judge is satisfied that the application is in conformity with this title, he must order it to be filed with the clerk, and that the clerk give not less than thirty nor more than fifty days notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements, posted up in three of the principal public places in the county.

Vide1233 and note.

1231. At any time before the expiration of the time of publication any person may file his objections to the appli

cation.

Vidle § 1233 and note.

§ 1232. After the time of publication has expired, the judge may, upon five days notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application; and if all the statements therein made are shown to be true, he must declare the corporation dissolved.

Vide § 1233 and note.

§ 1233. The application, notices and proof of publication, objections (if any) and declaration of dissolution, constitute the judgment roll, and from the judgment an appeal may be taken as from judgments of the county courts.

Stat. 1850, 350, $31, read: "Any corporation wishing to dissolve and disincorporate itself shall present a petition to the county judge of the county in which the meetings of the stockholders are usually held, accompanied by a certificate signed by its proper officers and setting forth that, at a general or special meeting of the stockholders, called for that purpose it was decided by a vote of two-thirds of the stockholders, to disincorporate and dissolve the incorporation. The clerk shall enter such petition and certificate of record, and the judge shall after thirty days notice by publication in some newspaper published in the county, and if there be none such, then by advertisements posted up in the principal public places in the county, proceed to consider the same; and if the judge be of opinion that such incorporation has taken the necessary preliminary steps, and obtained the necessary vote to dissolve itself, and that all claims against the incorporation are discharged, he shall declare such incorporation dissolved."

TITLE VII.

OF EMINENT DOMAIN.

SECTION 1237.

Eminent domain defined.

1238. Purposes for which it may be exercised.

1239. What estates in land may be acquired by condemation. 1240. Private property defined. Classes enumerated.

1241. Facts necessary to be found before condemnation. 1242. Parties may make location. May enter to make sur

veys.

1243. Jurisdiction in district court.

1244. The complaint and its contents.

1245. Summons, what to contain. How issued and served. 1246. Who may defend. What the answer may show, and

how verified.

1247. Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use.

1248. Court or jury to assess damages.

1249. The date with respect to which compensation shall be assessed, and the measure thereof.

1250. New proceedings to cure defective title.

1251. Payment of damages.

1252. Damages, to whom paid..

1253. Final order of condemnation, what to contain.

When filed, title vests.

1254. Putting plaintiff in possession.

1255. Costs may be allowed, distribution thereof.

1256. Rules of practice.

1257. New trials and appeals.

1258. When title takes effect and construction of.

1259. When title takes effect.

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1237. Eminent domain is the right of the people or government to take private property for public use. This right may be exercised in the manner provided in this title.

18 Cal. 229; 31 Cal. 538.

Statute must be strictly pursued: 19 Cal. 47; 36 Cal. 639.
As to compensation, see § 1247.

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