PROCLAMATION TO THE PEOPLE OF CALIFORNIA. A NEW executive having been elected and installed into office, in accordance with the provisions of the constitution of the state, the undersigned hereby resigns his powers as governor of California. In thus dissolving his official connection with the people of this country, he would tender to them his heartfelt thanks for their many kind attentions, and for the uniform support which they have given to the measures of his administration. The principal object of all his wishes is now accomplished-the people have a government of their own choice, and one which, under the favor of divine Providence, will secure their own prosperity and happiness, and the permanent welfare of the new state. Given at San José, California, this 20th day of December, A. D. 1849. B. RILEY, Brevet Brigadier-General U. S. A., and Governor of California. By the Governor: H. W. HALLECK, Brevet Captain and Secretary of State. [ORDERS NO. 41.] HEAD-QUARTERS TENTH MILITARY DEPARTMENT, 1. The brigadier-general commanding the department has this day relinquished the administration of civil affairs in California, to the execution of the government organized under the provisions of the constitution, ratified by the people of California at the recent general election. 2. Brevet Captain H. W. Halleck, corps of engineers, is relieved from duty as secretary of By order of GENERAL RILEY. state. ED. U. S. CANBY, Assistant Adjutant-General. AN ACT FOR THE ADMISSION OF THE STATE OF CALIFORNIA INTO THE UNION. WHEREAS, the people of California have presented a constitution, and asked admission into the Union, which constitution was submitted to congress by the president of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government: Be it enacted, by the senate and house of representatives of the United States of America, in congress assembled, That the state of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever. SEC. 2. And be it further enacted, That, until the representatives in congress shall be apportioned, according to an actual enumeration of the inhabitants of the United States, the state of California shall be entitled to two representatives in congress. SEC. 3. And be it further enacted, That the said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said state shall be common highways, and forever free, as well to the inhabitants of said state as to the citizens of the United States, without any tax, impost or duty therefor; provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state. APPROVED September 9, 1850. AN ACT TO PROVIDE FOR THE PUBLICATION OF THE GENERAL LAWS OF THIS STATE, IN FORCE AT THE EXPIRATION OF THE EIGHTH SESSION OF THE LEGISLATURE. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. That if W. H. R. Wood shall add to his present manuscript compilation of the laws of this state, all laws of a general nature passed at the eighth session of the legislature, and shall expunge therefrom all laws repealed at said session, and shall then cause said compilation to be printed and bound in a workmanlike manner, equal to the now existing compilation of the laws of this state, then the secretary of state shall receive from said Wood five hundred copies of his said compiled laws, and upon the production, before the board of examiners and the controller, of the secretary of state's receipt for such five hundred copies, the board of examiners shall audit for and allow to the said Wood the sum of five thousand dollars, for which sum the controller shall draw his warrant on the treasurer. SEC. 2. The sum of five thousand dollars is hereby set apart and appropriated out of any moneys in the general fund, not otherwise appropriated, for the purpose of paying the warrant or warrants drawn by the controller under the provisions of this act. SEC. 3. Within six months from the adjournment of the present session of the legislature, said Wood shall complete and publish his compilation of the laws as contemplated by this act, and shall present the same to the board of examiners created by an act entitled "An act to provide for the better protection of the State Treasury," approved April sixteenth, one thousand eight hundred and fifty-six; which said board shall examine the same, and require their approval and certificate that such compilation of the laws is in accordance with the requirements of this act, and contains all the general laws in force; then the controller of state shall issue his warrant or warrants, as is provided for in section first; but the controller shall not issue such warrants until there is money in the treasury for the payment of the same; provided, that before said board of examiners shall give their approval, said Wood shall present the certificate of the secretary of state, that the laws contained in his compilation are true copies of the original laws on file in his office. SEC. 4. Said compilation, when published as herein provided, shall be received as evidence of the law, in all the courts of justice in this state. APPROVED April 18th, 1857. 1. Action, to be commenced within the periods pre- 18. Action on account. scribed. 2. Same. 3. By state, for real property. 4. Under patent, etc. 5. After patent declared void. 6. For recovery of real property. 7. Same. 8. Where peaceable entry has been made. 9. Where adverse possession is held. 10. Where entry was made under a conveyance, etc. 11. Adverse possession defined. 12. Same. 13. Same. 14. Where the relation of landlord and tenant exists. 15. Descent cast, not to impair right of possession. 16. Disabilities, time not to run during certain. 19. Other action for relief. $t.63P.327 20. Limitations, to what actions to apply. 21. Action, when deemed commenced. 22. Where defendant is out of the state at the time cause of action accrued. 23. Limitation, when not to run. 24. Action by representative of deceased. 25. Action by alien enemy. 26. Where judgment is reversed. 27. Where action stayed by injunction, etc. 28. Disability, must exist when right of action accrued. 29. Where two or more disabilities co-exist. 30. Action, against corporations to recover a penalty, etc. 31. Acknowledgement, etc. must be in writing. 17. Limitation of actions other than for recovery of 33. When action barred where cause arose. 34. Action, on judgment, etc. made out of the state. Act of April 22, 1850, defining Time of Commencing Civil Actions. ARTICLE 1, Sec. 1. Civil actions can only be commenced within the periods prescribed in this act, after the cause of action shall have accrued, except where a different limitation is prescribed by statute. ART. 2, Sec. 2. When the cause of action has already accrued, the party entitled and those claiming under him shall have, after the passage of this act, the whole period herein prescribed, in which to commence an action. ART. 3, Sec. 3. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless: 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same shall be commenced, or unless, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. ART. 4, Sec. 4. No action shall be brought for or in respect to real property by any person claiming by virtue of letters patent or grants from this state, unless the same might have been commenced by the people, as herein specified, in case such patent or grant had not been issued or made. ART. 5, Sec. 5. When letters patent or grants of real property shall have been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the peo X ple of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within five years after such determination was made, but not after that period. K63 ART. 6, Sec. 6. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the 326 plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the premises in question, within five years before the commencement of such action; provided, however, that an action may be maintained by a party claiming such real estate, or the, possession thereof, under title derived from the Spanish or Mexican Governments, or the authorities thereof, if such action be commenced within five years 'from the time of the final confirmation of such title by the government of the United States, or its legally constituted authorities.-[Am. April 11, 1855 S. St. 1850, 344, C. L. 816.(1) ART. 7, Sec. 7. No cause of action, or defense to an action, founded upon the title to real property, or to rents, or to services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question, within five years before the commencement of the act, in respect to which such action is prosecuted, or defense made, or unless it appear that the title to such premises was derived from the Spanish or Mexican Governments, or that the same was confirmed by the government of the United States, or its authorities, within five years before the commencement of such action.-[Am. April 11, 1855, R. S. St. 1850, 344, C. L. 816. ART. 8, Sec. 8.Any peaceable entry upon real estate shall be deemed sufficient and valid as a claim, unless an action be commenced by the plaintiff in ejectment, within one year after the making such entry; or within five years from the time when the right to bring such action accrued, or within five years after the final confirmation by the United States of any title derived from Spain or Mexico.-[Am. April 11, 1855, R. S. St. 1850, 344, C. L. 816. ART. 9, Sec. 9. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereof, within the time prescribed by law, and the occupation of such premises by any other person shall be deemed to have been under, and in subordination to, the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for five years before the commencement of such action. ART. 10, Sec. 10. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment. of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. ART. 11, Sec. 11. For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where (although not inclosed) it has been used for the supply of fuel, or of fencing timber, for the purposes of husbandry; or for the use of pasturage, or for the ordinary use of the occupant. (1) Billings v. Harvey & Tibbetts, Oct. T. 1856; Billings v. Hall, Jan. T. 1857. 4. Where a known lot or single farm has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. ART. 12, Sec. 12. Where it shall appear that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely. ART. 13, Sec. 13. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only 1. Where it has been protected by a substantial inclosure. 2. Where it has been usually cultivated or improved. ART. 14, Sec. 14. Whenever the relation of landlord and tenant shall have existed between any persons, the possession, of the tenant shall be deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited. ART. 15, Sec. 15. The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property. X$4,63 ART. 16, Sec. 16. If a person entitled to commence any action for the recov ery of real property, or to make an entry or defense, founded on the title to Q C real property, or to rents or services out of the same be, at the time such title shall first descend or accrue, either: 1. Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4. A married woman. The time during which such disability shall continue shall not be deemed any portion of the time in this act limited for the commencement of such action, or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability; but such action shall not be commenced, or entry or defense made, after that period. ART. 17, Sec. 17. Actions, other than those for the recovery of real property, can only be commenced as follows: Within five years-An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. Within four years-An action upon any contract, obligation, or liability founded upon an instrument of writing, except those mentioned in the preceding section. Within three years-1. An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Within two years-1. An action upon a contract, obligation, or liability, not founded upon an instrument of writing, except an action on an open account, for goods, wares and merchandise, and an action for any article charged in a store account. X2. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of |