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built, it shall be erected on the same spot where it now stands, and be of the same size, and the same or similar materials, and of like quality with the present wall.
It is further mutually understood and agreed between the aforesaid parties, that this agreement shall be perpetual, and at all times be construed into a covenant running with the land; and that no part of the fee of the soil upon which the wall of the said A. B. above described, now stands, shall pass to, or be vested in, the said C. D., his heirs and assigns, in or by these presents.
In witness, &c.
Agreement to Sell Shares of Stock in an Incorporated Company.
This agreement, made the day of, &c., between A.B., of, &c., and C. D., of, &c., witnesseth : †. the said A. B. agrees to sell and convey to the said C. D., on or before the day of , next, one hundred shares of the capital stock of the California Steam Navigation Company, now owned and held by the said A. B., and standing in his name on the books of the said company, and to make and execute unto the said C. D. all assignments, transfers and conveyances necessary to assure the same to him, his heirs, and assigns.
In consideration whereof, the said C. D. o: to pay unto the said A. B., for each and every share of such stock, the average cash market price of the same, for and during twenty days preceding the day of , aforesaid, to be determined by the sales made in the city of San Francisco.
In witness, &c.
Agreement, or Suhscription, for Roising Money to Build a Church or other Work. We, the undersigned, do hereby severally promise and agree to pay to A. B., C. D., and E. F., the trustees of the Calvary Presbyterian Church and Congregation Society, in the city of San Francisco, the sums set opposite to our respective names, on demand [or as the terms of payment may be], for the purpose of building a church or place of worship for the said society in the city of San Francisco, aforesaid; and we request the said trustees to contract for the building of such church or place of worship, and to build the same, . to apply the sums of money hereto subscribed in payment therefor. Witness our hands, this day of , 1854. NAMES. AMOUNT. J. B. R. . . . . . . $1000 00 H. P. C. . . . . . . 500 00 J. M. - - - - 750 00
Agreement to Cultivate Land on Shares.
This agreement, made the day of, &c., between A. B., of, &c., and C. D., of, &c., witnesseth : That the said A. B. agrees that he will break up, plough, properly fit and sow with wheat, all that field belonging to the said C. Y. §: immediately north of the town of Santa Clara aforesaid, and containing two hundred acres or thereabouts, on or before the fifth day of September next; that when the said crop, to be sown as aforesaid, shall be in fit condition, he will cut, harvest and properly thresh, clean and sack the same, and deliver one half of the wheat, being the
roduce thereof, to the said C. D., at , On or efore the day of , in the year 1859.
It is understood between the parties, that one half of the seed wheat is to be found by the said C. D.; that the said A. B. is to perform all the work and labor necessary in the premises, or cause it to be done; and that the straw is to remain upon the ground and be the property of said A. B.
In witness, &c.
This agreement, made this day of y A. D. , between A. of the first part, and B. and C. of the second part, witnesseth :
Whereas, on A. D. 1857, both the said parties
mutually agreed in writing, among other things, to this, namely: the party of the first part to devote his whole time and attention for years from said A. D. 1857, to the care and management of certain real estate (in said agreement in writing more particularly described), and the buildings thereon, and the business there done and transacted, and the parties of the second part to employ the party of the first part, as aforesaid, and for the said term of years.
And whereas it is deemed desirable by all the parties hereto, that the said care, management and employment of the party of the first part by the parties of the second part, should end and determine from this date.
Now, therefore, both parties hereto assent to the said ending
and determination of the said care, management and employ-
And the parties of the second part hereby release, acquit and discharge the party of the first part, of and from any obligation or liability, by reason of his agreement for the care and management of i. said real estate, property and business as aforesaid, or of the acts of any person hereafter employed by the parties of the second part, in the care and management thereof, during the said unexpired term :
And they also agree that the party of the first part may have access to the books, papers and accounts of the management of said real estate, property and business, kept during the management thereof by the party of the first part.
In witness whereof, &c., &c.
C EIA PTE R XIV,
It is provided that one coroner shall be elected from each county, to serve for two years, and to give bond in the sum of five thousand dollars.” In some of the counties his bond is fixed at a different amount, and in some his office is united with that of public administrator.” In San Francisco his bond is given under the provisions of the consolidation act, and his compensation in the form of a salary.” He is allowed a sum not to exceed fifty dollars per month for making analyses, and for interments not exceeding ten dollars in each case." The coroner shall perform the duties of sheriff in all cases where the sheriff is interested, or otherwise incapacitated from serving; and also in cases of a vacancy by death, resignation, or otherwise, in the office of sheriff, the coroner shall discharge the duties of such office until a sheriff is elected and qualified. When both are parties to the action, or when either one is prosecuted for disobedience, an elisor may be appointed.” Whenever the coroner acts as sheriff, he shall possess the powers and responsibilities, and perform all the duties of sheriff, and shall be liable on his official bond in like manner as a sheriff would be, and shall be entitled to the same fees as are allowed by law to the sheriff for similar services.” When a coroner has been informed that a person has been killed, or has committed suicide, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, he shall go to the place where the body is, and forth with summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith at the place where the body of the deceased is, to inquire into the cause of the death." Every person summoned as a juror who shall fail to appear without having a reasonable excuse, shall forfeit any som not exceeding one hundred dollars, to be recovered by the coroner in the name of the people of the state, before any justice of the peace, in the proper township, and when collected, to be paid over to the county treasurer for the use of the county.' When six or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death; and to render a true verdict thereon, according to the evidence afforded them, or arising from the inspection of the body. If a juror neglect or refuse to attend, he may be fined in the sum of fifty dollars.” The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint, which may be served by any competent person. He must summon and examine as witnesses, every person, who, in his opinion, or that of any of the jury, has any knowledge of the facts, and he may summon a surgeon or physician to inspect the body, and give a professional opinion as to the cause of the death.” A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, in like manner as upon a subpoena issued by a justice of the peace.” After inspecting the body and hearing the testimony, the jury shall render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where and by what means he came to his death; and if he was killed, or his death occasioned by the act of another by criminal means, who is guilty thereof.” The testimony of the witnesses examined before the coroner's jury shall be reduced to writing by the coroner, or under his
1 Wood's Dig. art. 2852, 2861 and 426. * Wood's Dig. art. 427 and 8271–8274; Laws 2 Laws 1858, p. 28 and 156; Laws 1859. 1859, p. 8. * Laws 1857, p. 212. * Wood's Dig. art. 428 and 8272.
• Laws 1859, p. 89.