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belonging to on the day, whereon said judgment was docketed, in the aforesaid city and county, or at any time thereafter ; and make return of this writ within days, with what you have endorsed hereon. Witness, Hon. , judge of the fourth judicial district of the state of California, at #. court-house, in the city and county of San Francisco, this
day of A. D. 18 . Attest my hand and the seal of said court, the day and year last above written. Clerk. - By Deputy Clerk.
Order for Removal of Cause to United States Court.*
In the District Court of the Sixth Judicial District of the State
of California, in and for the County of Sacramento. Joseph Brown
against John Smith.
Upon reading and filing the petition of John Smith, the defendant in the above-entitled action, and upon finding the bond and sureties offered by him, the said defendant in the premises, good and sufficient, and the same being by me, the judge of said district court, duly accepted, it is hereby ordered that no further proceedings be had in this cause, and the removal of the same to the Circuit Court of the United States for the districts of California, to be held in and for the northern district of California, be, and the same is hereby allowed and ordered, in accordance with the aforesaid petition, and the statute of the United States in such case made and provided.
Dated, Sacramento, June 23, 1859.
Certificate to Transcript on Appeal to the Supreme Court.
State of California, -
I, William Duer, clerk of the district court of the fourth judicial district, do hereby certify, that the foregoing complaint, amended answer, judgment, settled statement and notice of appeal are true and correct copies of the original papers on file in my office, and of the order of trial entered in the minutes of said court, and that the same constitute the transcript or appeal from the judgment made and entered on the 27th day of August, A. B. 1859, in favor of said plaintiff and against said defendant.
* The matter of removal of actions from a State Court to the U. S. Court is frcely considered in Conkling's Treatise, 8d ed. p. 475.
I do further certify, that the undertaking on appeal has been duly filed according to law.
In witness whereof, I have hereunto set my hand and seal of said district court of fourth judicial district, this first day of May 1859. WILLIAM DUER, Clerk.
[L. S.] By JAMEs B. McMINN, Deputy Clerk.
Certificate of Official Character.
State of California, City and County of San Francisco, I, William Duer, clerk of the county court of the city and county of San Francisco, state of California, do hereby certify, that , whose genuine signature is affixed to the foregoing certificate, was, at the time of signing the same, and still is, of the city and county of San Francisco, duly authorized by law to take such acknowledgment, or to administer such oath and certify the same (or to make such certificate), and that full faith and credit are due to all his official acts. Witness my hand and the seal of said county court, this
day of , A. D. 18 WILLIAM DUER, Clerk. [L. S.] By J. F. Bow MAN, Deputy Clerk.
Certificate of Eremplification of Record.
State of California,
City and County of San Francisco,
| Wii. Duer, county clerk of the city of San Francisco, state of California, and ea officio clerk of the Probate Court thereof, do hereby certify, that the foregoing eight pages, numbered from one to eight inclusive, contain a true, full, and correct transcript of all the papers, orders, and proceedings on file, and of record in any office, in the matter of the estate of A. B. deceased.
Witness my hand and the seal of said Probate Court, this fourteenth day of April, one thousand eight hundred and fiftynine. WILLIAM DUER, Clerk.
Certificate of Judge to Signature, doc., of the Clerk.
State of California, -City and County of San Francisco, | S
}. M. E. Blake, judge of the Probate Court of the city and county of San Franciscó, do hereby certify, that William Duer, whose genuine signature is affixed to the foregoing certificate, is, and was at the time of signing the same, the clerk of said court, duly authorized by law to make such certificate, that he is the legal keeper of said record, and that the foregoing attestation is in due form.
Witness my hand, this fifteenth day of April, one thousand
eight hundred and fifty-nine. M. C. BLAKE, Probate Judge.
Certificate of Eremplification of Record.
The People of the State of California, by the grace of God free and independent, to all to whom these presents shall come, eeting: now ye, that we, having inspected the records and files in the office of the clerk of the city and county of San Francisco, and clerk of the district court of the twelfth judicial district of the state of California, in and for said city and county, do find a certain judgment roll there remaining of record, which is in the words and figures following, to wit: [here insert the record and conclude as follows, all of which we have caused to be exemplified in accordance with the act of Congress. Attest my hand and the seal of said 12th district court, this first day of July, A. D. one thousand eight hundred and fiftynine. WILLIAM DUER, Clerk. [L. S.] - By W.M. R. SATTERLEE, Deputy.
Certificate to Copy of a *. Paper, on File in the Clerk's
State of California, | City and County of San Francisco, County Clerk’s Office, May 1, 1859. I, William Duer, county clerk of the city and county of San Francisco [where the paper is on file or on record in one of the courts of which he is clerk, add, and clerk of the court], do hereby certify, that I have compared the foregoing copy of a [name the instrument], and of the endorsements thereupon, with the original records of the same remaining in this office [or, with the originals now remaining on file in this office], and that the same are correct transcripts therefrom, and of the whole of said original records [or, originals].
[L. s.] Witness my hand and the seal of, &c., [as in foregoing forms.]
Certificate of a Judge to the Signature and Attestation of an
State of California, County of Santa Clara,
I, William H. McKee, judge of the third judicial district of the state of California, in and for the county of Santa Clara, do hereby certify that Austin M. Thompson, by whom the annexed transcript [or record, or copy of, as the case may be], certificate and attestation were made and given, and who in his own proper handwriting has thereunto subscribed his name [where he is an officer having a seal, add, and affixed his official seal], was at the time of so doing, and now is, county recorder, in and for the said county of Santa Clara, state of California, duly commissioned and qualified; to all whose acts as such, full faith and credit are and ought to be given, as well in courts of jurisdiction as elsewhere, and that the said transcript [or record, or copy of, as the case may be], certificate and attestation, are in due form and made by the proper officer.
In witness whereof, I have hereunto set my hand, the tenth day of May, one thousand eight hundred and fifty-nine.
WILLIAM H. McKEE, District Judge.
Certificate of Clerk of Court to the Signature of the Judge.
County of Santa Clara, ss: I, John B. Hewson, county clerk of the county of Santa Clara, state of California, and ea officio clerk of the district court of the third judicial district, in and for the county of Santa Clara, do hereby certify that the Hon. William McKee, by whom the foregoing attestation was made, and whose genuine signature is subscribed thereto, was at the time of signing the same, and still is, judge of the district court of the §. district, in and for the county of Santa Clara, duly commissioned and sworn, to whose acts as such full faith and credit are due. In witness, whereof, I have hereunto set my hand and the seal of said third district court, this tenth day of May, A. D. 1859. [L. S.] John B. HEwson, Clerk.
A contRACT is an agreement between two or more persons, upon a sufficient consideration, to do or not to do a particular thing. To constitute a valid contract, or agreement, there must be— 1. The mutual assent of two or more persons competent to contract; an intelligent meeting of the minds of the parties. 2. A good and valid consideration, i. e., motive or inducing cause to make the promise upon which the party is to be held or charged. 3. A subject matter of the contract, i. e., a thing to be done, or omitted. And the thing agreed to be done must be one not forbidden by law; or, if the agreement be to omit or forbear from doing a certain thing, it must be a thing not enjoined or made a duty by law. Contracts are divided into agreements by specialty, made by a written instrument under seal, and agreements without specialty, made either by a written instrument without a seal, or verbally without any writing. In practical effect, the only difference between a written contract without a seal and a mere verbal agreement is, that the former is more easily proved. In certain cases agreements by specialty are of higher consideration in the law than agreements without specialty; and it is therefore advisable for laymen, who are not supposed to know in what cases a seal may be dispensed with, and for what purposes it may be desirable, to add a seal whenever they draw their own contracts or act without legal advice. In this state, a seal made of a foreign substance, and affixed to the document, is not necessary, and a stamp or impression