« ForrigeFortsett »
D., defendant, for dollars. Judgment docketed the tenth day of Jamuary, one thousand eight hundred and fifty-nine, in the office of the clerk of said court. [For certificate see preceding form.] o Application for a Subpaona to compel a subscribing Witness to attend before an officer, to prove the Erecution of a Convey(lf!Cé.
To G. H., Esq., notary public [or other officer authorized to take
acknowledgments] of county: I, A. B., do hereby make application to you to issue a subpoena, requiring E. F., who resides in the town of in said
county, to appear and testify before you, touching the execution of a certain conveyance of real estate, made and executed by I. J., to me, the said A. B., [or, if the application is made by the heir, or personal representative of the grantee, name such grantee,) and to which the said E. F. is a subscribing witness; the said E. F., having refused, upon my request, to appear and testify touching the execution of the said conveyance; and the same not having been proved or acknowledged, cannot be so proved or acknowledged without the evidence of the said E. F. Dated the first day of July, 1859. A. B.
County, ss: A, B, the applicant above named, being duly sworn, says that the facts stated and set forth in the above application are true.
A. B. Sworn to before me, this first day of July, 1859, G. H., Notary Public.
Form of the Subpagna. State of California, ... County, * o To E. F., of the town of in said o: In the name of the people of the state of California, you are
hereby commanded to appear before me, at my office so dwelo in the town of , in said county, on the day of July, instant, at ten o'clock in the forenoon, then and there to testify, touching the execution of a conveyance of real estate, from K. B. to A. B., to which you are a subscribing witmess, as appears by the application of the said A. B. to me made under oath. Hereof fail not at your peril. Given under my hand, this first day of March, 1860. P. Q. R. - Notary Public.
Affidavit to obtain Warrant, to be endorsed on the original Subpoena. State of California, } SS : County, s” C. T., of , being duly sworn, says, that on the fifth day of May, instant, at the town o , in said county, he served the within subpoena on E. F., therein named, personally, by then and there showing him the same, and delivering to him a true copy thereof, and by paying [or, tendering] to film the sum of for his fees for travelling to the place specified in the said subpoena, and for his attendance in pursuance thereof, and his reasonable expenses. - C. T Sworn to before me, this day of , &c. - P. Q. R., Notary Public.
Warrant against Witness.
State of California, o
- County, To the sheriff of said county, greeting:
In the name of the people of the state of California, you are hereby commanded forthwith to o E. F., in your county, and bring him before me, O. P., Esq., county judge of said county, at my chambers, at the court house in ise town of y in said county, to testify touching the execution of a conveyance of real estate, from K. B. to C. i. to which the said E. F. is a subscribing witness, as is said; the said E. F. having been duly subpoenaed to appear before P. Q. It., a notary public, to testify ... touching the execution of the said conveyance, and having, without reasonable cause, neglected [or, refused] to attend in pursuance thereof. O. P.,
July, 1859. County Judge of county.
Commitment for Refusal to Testify.
The people of the state of California to A. P., sheriff of the said county, greeting: E. F. having this day been brought before me, on a warrant by me issued to compel his attendance to testify [where the witmess appears in pursuance of the subpaona, say: having this da appeared before me, in pursuance of a subpoena by me issued, requiring him to appear and testify] touching the execution of a conveyance of real estate, from K. B. to C. T., to which the said E. F. is a subscribing witness, as is said; and the said E. F., although required by me, having refused to answer upon oath [f the commitment is made on account of the refusal of the witness to answer a particular question, deemed pertinent by the officer, insert here; the following question, &c., specifying it particularly] touching the execution of the said conveyance. You are therefore commanded forthwith to convey the said E. F. to the jail of the said county, and there commit him to close custod
in such jail, without bail, until he shall submit to answer on oat
saloresaid (or, the question aforesaid], or be discharged accord
* law. • * * * uly, 1859. . County Judge of county.
Oath to be administored to a Subscribing Witness.
You do solemnly swear, that you will true answers make, to such questions as o be put to you, touching the execution of this deed: So help you God: [or, You do swear in presence of the ever-living God, that, &c., as above, omitting the words: So hel i. God: or, You do solemnly, sincerely, and truly affirm and declare, that, &c., as above, omitting the words as aforesaid.]
04th to a Witness % Identity of the Parties, or of the Subscribing Witness, to a Conveyance.
You do solemnly swear, that you will true answers make to such questions as shall be put to you, touching the identity of the parties o the subscribing witness] to this conveyance. So help you God. [If necessary, vary as in the foregoing form.]
Oath to a Deponent.
You do solemnly swear, that the contents of this affidavit, by you subscribed, are true. So help you God. [Vary as above when necessary.]
EvKRY male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may, of his or her own free-will, bind himself, or herself, in writing, to serve as clerk, apprentice, or servant, in any profession, trade, or employment; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or for any shorter time; such binding will be as valid and effectual as if the infant were of full age at the time of making the engagement." Such consent must be given: 1. By the father of the infant. If he be dead, or be not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a justice of the peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be endorsed on the indenture, then, 2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent or refusal, then, 3. By the guardian of such infant duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then, 4. By the supervisors of the county, or any two justices of the peace, or the judge of the Probate Court of the county. Such consent must be signified in writing by the person entitled to give the same, by a certificate at the end of or endorsed upon the indentures, and not otherwise.
- 1 Statutes 1858, p. 134.
The executors of any last will of a parent, who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service, as a clerk or apprentice, in like manner as the father might have done if living. The supervisors of the county may bind out any child under the ages above specified, who is or shall become chargeable to such County, to be clerks, apprentices, or servants. The child of a parent or parents chargeable to a town or city may be bound out by the presiding officer of the first council or legislative board, or any public officer or officers appointed to provide for the p00r. In San Francisco, the board of managers of the Industrial School may bind out the children of the institution. The age of every infant bound as aforesaid, must be inserted in the indenture, and will be taken to be the true age, without further proof thereof; and public officers who act in such cases, are required to inform themselves fully of the infant's age. Every sum of money paid, or agreed for, with or in relation to the binding out of any clerk, apprentice, or servant, must also be inserted in the indenture. The person to whom the child may be bound must enter into an agreement to be inserted in the indentures, that he will cause such child to be instructed to read and write, and to be also instructed in the general rules of arithmetic. The counterpart of any indentures executed by any county, city, or town officers, must be deposited in the office of the clerk of their county, city, Or town. Any white person, capable of becoming a citizen of this state, coming from any other country, state, or territory, may bind himself, or herself, to service, if an infant, until majority, or for any shorter term. Such contract of service, if made for the purpose of raising the passage-money, may be for the term of one year, although such term may extend beyond the time when he will be of full age; but shall in no case be for a longer term. No contract made as aforesaid will bind the servant, unless it be acknowledged by him or her before some public magistrate, or other officer authorized to administer others; nor unless a certificate of such acknowledgment, and that the same was made freely, on a private examination, be endorsed thereupon.