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Motice of Quitting Premises by Tenant. To George Jenkins, Landlord:

Please take notice, that I shall quit possession, and deliver up the premises now held and occupied by me, being the premises [description], at the end of the next month of my monthly tenancy of said premises, to wit: on the fifth day of May, 1859, as I intend to remove therefrom, and to terminate the said tenancy.

April 4th, 1859. Yours, &c., W.M. BEALs.

Summons in Detainer after Rent Due. (To be served by sheriff or constable—not by deputized person.)

In the Justices' Court of the Second Township, in and for the

City and County of San Francisco.

John Brown against William Jones.

The People of the State of California to the Sheriff, or any

constable of the city and county aforesaid:

Whereas, John Brown, of the said city and county of San Francisco, hath exhibited unto me, a justice of the peace for said county, a complaint against William Jones, of the city and county of San Francisco, for that, on or about the first day of March, A. D. 1859, John Brown, as landlord, leased and demised to William Jones, as tenant, by virtue of a parol lease, made on the day above named, the following described premises, to wit: all that lot of land situated in the city of San Francisco, and bounded and described [insert description].

To have and to hold, the said premises to the said tenant, &c., for the term of two months thence next ensuing, at the monthly rent of fifty dollars, payable monthly in advance; that by virtue of said lease said tenant went into possession of said premises, and he and others under him still continue to hold the same: that, according to the terms of said lease, there became due on or about the first day of April, A. D. 1859, the sum of fifty dollars, rent; that said sum still remains due and unpaid; that, on the day when the last instalment of said rent became due

, demand was made therefor in due manner and form;

that said instalment remains still due and unpaid; that three or more days after said instalment became due, and said demand was made , and three or more days before the commencing of this suit, , demand was duly made in writing of the defendant, to deliver up the possession of said premises, which said defendant has hitherto wholly failed and refused to do : and the said John Brown claims the sum of fifty dollars for

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damage to said property, in tearing down a good board fence surrounding the yard. Wherefore, the plaintiff prays judgment for fifty dollars for waste and injury; also fifty dollars, rent due, as aforesaid, and restitution of the said premises. You are therefore commanded to summon the said William Jones, if he can be found in your county, to be and appear before me, at my office, in said township, on the twentieth day of April, A. D. 1859, at 11 o'clock, A. M., then and there to make answer unto the complaint aforesaid. Given under my hand and seal, this ninth day of April, A. D. 1859. WM. CLARK, [L. s.] Justice of the Peace. I certify the above to be a true copy of the original summons by me issued in the above-entitled cause. WM. CLARK, Justice of the Peace.

Complaint in Detainer after Rent due.

In the Justices’ Court, Second Township, in and for the City and

County of San Francisco.

John Brown against William Jones.

City and County of San Francisco:

j. Brown, the plaintiff in this suit, a resident of y by William Smart, his attorney, complains of William Jones, the defendant in this suit, a resident of , and for cause of complaint shows,

That, on or about the first day of March, A. D. 1859, John Brown, as landlord, leased and demised to William Jones, as tenant, by virtue of a certain lease made on the day above. named, the following described premises, situate in the said city and county, to wit: [insert description.]

To have and to hold the said premises to the said tenant, &c., for the term of two months thence next ensuing, at the monthly rent of fifty dollars, payable monthly in advance. That by virtue of said lease said tenant went into possession and occupation of said premises, and hath ever since held and occupied, and still doth continue to hold and occupy the same; that according to the terms of said lease [here insert any covenant and the breach thereof, instead of the non-payment of rent, as the case may be], there became due on the first day of April, A. D. 18 , the sum of fifty dollars, rent; that said sum still remains due and unpaid; that on that day when the said rent, to wit, $ , became due, to wit, demand was made by the said plaintiff of said defendant therefor in due manner and form upon the premises,

but said defendant neglected and refused to pay the same, and said instalment remains still due and unpaid : that three or more days after said instalment became due and said demand was made, and three or more days before the commencing of this suit, to wit: on the ninth day of April, A. D. 1859, at said city and county, demand was duly made in writing of the defendant by the plaintiff, to deliver up the possession of said remises to i. plaintiff, which said defendant refused to do, and as hitherto wholly failed and refused to do; and still doth neglect to do, and forcibly, wrongfully and unlawfully detains the possession of the said premises from the said plaintiff, whereby the said plaintiff hath sustained damages by reason of the said wrongful and unlawful detention and holding over, to the amount of one hundred dollars. And the said plaintiff further alleges that the said defendant has committed waste, in tearing down a good board fence surrounding the yard, to the damage of this plaintiff of fifty dollars. Wherefore, the plaintiff prays judgment for one hundred and fifty dollars damages, for waste and injury, and for the detention of said premises; also fifty dollars, rent due, as aforesaid, and restitution of the said premises. WILLIAM SMART, Plaintiff’s Attorney.

City and County of San Francisco, ss:

. Brown, the plaintiff in the foregoing complaint named, being duly sworn, deposes and says, that he has read the foregoing complaint, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on his information and belief, and as to those matters he believes it to be true. John BRowN.

Sworn to before me, this ninth day of April, A. D. 1859.

WM. CLARK, Justice of the Peace.

Writ of Restitution.

State of California, First T hi

o and County of San Francisco, irst Iownship. The People of the State of California to the Sheriff or any con

stable of the county, aforesaid:

Whereas B. C., of the city and county of San Francisco, at a court of inquiry of an unlawful detainer, held at my office in the county aforesaid, on the day of , A. D. 1859, before me, a justice of the peace for the county aforesaid, by the consideration of the court, hath recovered judgment against Y. Z., to have restitution of certain premises [here insert descri tion], and that the said B. C. do have and recover of said o

the sum of damages, and the sum of costs of this action.

You are therefore commanded that, taking with you the force of the county, if necessary, you cause the said Y. Z. to be immediately removed from the aforesaid premises, and the said B. C. to have peaceable restitution of the same.

And you are also commanded that of the goods and chattels of the said Y. Z., within said county, you cause to be made the sum of dollars for the sum of the said plaintiff, together with the costs of suit endorsed thereon; and make return hereof, within thirty days from this date.

Given under my hand, this day of , A. D. 1859. O. P., Justice of the Peace.

C H A P T E R X. X W II.
LIEN OF MECHANICS AND OTHERS.
STATUTORY PROVISIONS.

IN view of the general application of the law of lien, the act of 1856 as amended by the act of 1858, is here given almost entire; attention being first called to the supplementary act of 1857, which provides that the provisions of the act for “Securing Liens to Mechanics and others,” is extended, so as to include in its provisions, bridges, ditches, flumes or aqueducts, to create hydraulic power, or for mining purposes; and all master builders, mechanics, lumber merchants, contractors, journeymen or laborers, and all other persons performing labor, or furnishing materials for, or employed in the construction or repair of any bridge, ditch, flume or aqueduct aforesaid, shall have the same lien, subject to the same provisions and regulations, as in and by said act are provided for liens upon buildings, wharves, and other superstructures.

ACT of APRIL 19, 1856, FoR SECURING LIENs to MECHANICS AND OTHERs.

SECTION 1. All artisans, builders, mechanics, lumber mer chants, and all other persons performing labor or furnishing materials for the construction or repairing of any building, wharf or other superstructure, for the work and labor done or materials furnished by each respectively.

SEC. 2. Every person wishing to avail himself of the benefits of this act, shall file in the recorder's office of the county in which such building, wharf or superstructure is situated, within sixty days after the completion of such building, wharf or superstructure, a just and true account of the demands due him, after deducting all proper credits and offsets, and shall verify said account by his own oath, or the oath of some other person, and shall also file, at the same time, a correct description of the

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