City and County of San Francisco, ss:

É. F. and G. H., whose names are subscribed as sureties to the above undertaking, being severally duly sworn, each for himself deposes and says, that he is worth two hundred and fifty dollars, the sum in the said undertaking specified as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution.

E. F.
G. H.

Subscribed and sworn to before me, this fifth day of May, A. D. 1859. JOHN HANNA, Deputy Clerk.

Endorsement on the above Undertaking.

Approved and filed this fifth day of May, A. D. 1859.

WILLIAM DUER, Clerk.

By D. P. BELKNAP, Deputy Clerk.

Writ of Attachment.

In the District Court of the 12th Judicial District,
City and County of San Francisco,

A. B.

against Č. D.

The People of the State of California to the Sheriff of the City and County of San Francisco, greeting:

Whereas, the above-entitled action was commenced in the District Court of the 12th judicial district of the state of California, by the above-named plaintiff, to recover from the said defendant the sum of five hundred dollars or thereabouts, besides interest and costs of suit; and the necessary affidavit and undertaking herein having been filed, as required by law :

Now we do therefore command you, the said sheriff, that you attach and safely keep all the property of the said defendant within your said county (not exempt from execution), or so much thereof as may be sufficient to satisfy the said plaintiff's demand, as above mentioned, unless the said defendant gives you security, by the undertaking of at least two sufficient sureties, in amount sufficient to satisfy such demand, besides costs; in which case you will take such undertaking, and hereof make due and legal service and return.

Witness, the HoN. EDWARD NORTON, Judge of the said District Court of the 12th Judicial District, this fifth day of May, A. D.

1859.

Attest my hand and seal of the said court, the day and year last above written.

WILLIAM DUER, Clerk.
By BEVERLY C. DUER, Deputy Clerk.

Affidavit for Order of Arrest.

In the District Court of the 4th Judicial District,

M. N. et al.
against
O. P.

M. N., one of the plaintiffs in this suit, being duly sworn, deposes and says, that the cause of action in this case arose after the passage of the act of the legislature of the state of California, entitled, "An Act to regulate proceedings in civil cases in the Courts of Justice of this State," passed April 29, 1851. That it is an action for the recovery of money or damages, in a cause of action arising upon an express contract, and that the defendant is about to depart from this state with the intent to defraud his creditors [or set out other ground of arrest as prescribed by the statute].

M. N.

And deponent further states and shows to the court the following facts and circumstances in support of the above allegations of fraud, that is to say: [Here set out the facts, &c.] Sworn to before me, this tenth day of September, A. D. 1859. B. C. DUER, Deputy Clerk.

4th District Court,

M. N. et al. against O. P.

Undertaking on Arrest.

Whereas, the above-named plaintiffs have commenced, or are about to commence an action in the District Court of the fourth judicial district, against the above-named defendant, and are about to apply for an order for the arrest of the said defendant in said action:

Now, therefore, we the undersigned, residents of San Francisco, in consideration of the premises, and of the issuing of said order of arrest, do undertake, in the sum of five hundred dollars, and promise, to the effect that, if the said defendant recovers judgment, the said plaintiffs will pay all costs and charges that may be awarded to the said defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum of five hundred dollars.

Dated, this tenth day of September, A. D. 1859.

County of San Francisco, ss:

W. X.

Y. Z.

W. X., one of the sureties, whose name is subscribed to the above undertaking, being duly sworn, deposes and says, that he

is a resident and freeholder within this state, and is worth double the sum in the said undertaking specified as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution.

W. X. Subscribed and sworn to, before me, this tenth day of September, A. D. 1859. BEVERLEY C. DUER, Deputy Clerk.

County of San Francisco, ss:

Y. Z., one of the sureties, whose name is subscribed to the above undertaking, being duly sworn, deposes and says, that he is a resident and householder within this state, and is worth double the sum specified in the said undertaking as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution. Y. Z. Subscribed and sworn to, before me, this tenth day of September, A. D. 1859. BEVERLEY C. DUER, Deputy Clerk.

Endorsement on above Undertaking.

Approved this tenth day of September, A. D. 1859.

JOHN S. HAGAR, Judge.

Filed this tenth day of September, A. D. 1859.

4th District Court,

M. N., et al.

against O. P.

B. C. DUER, Dep. Clerk.

Order of Arrest.

To the Sheriff of the County of San Francisco:

The above-named plaintiff's having commenced an action in the District Court of the fourth judicial district of the state of California, against the above-named defendant, and it duly appearing to me, from affidavits submitted on the part of said plaintiff that a sufficient cause of action exists, and that the case is one of those mentioned in section seventy-three of the act entitled, "An Act to regulate proceedings in civil cases in the Courts of Justice of this State," passed April 29, 1851, and the necessary undertaking having been given, I, the undersigned, judge of the said District Court, by virtue of the authority in me vested by law, do order and require you, the said sheriff of the county of San Francisco, forthwith to arrest the said defendant, if he may be found in your county, and hold him to bail in said action, in the sum of five hundred dollars, and that you return this order, with your proceedings thereon, to the clerk of the said. District Court, on the fifteenth day of September, 1859. Dated, San Francisco, the tenth day of September, A. D. 1859. JOHN S. HAGAR, Judge.

Proceedings to obtain Discharge from Imprisonment under

Civil Process.

A. B.

vs.

C. D.

NOTICE.

In the District Court of the Twelfth Judicial District, City and County of San Francisco.

To A. B., the plaintiff above named;

You will take notice, that I will apply to the Hon. Edw. Norton, judge of the District Court of the twelfth judicial district, in and for the city and county of San Francisco, in the court room of said court, in the city hall of said city and county, on Saturday the eighteenth day of June, A. D. 1859, at ten o'clock of that day, or as soon thereafter as counsel can be heard, for the purpose of obtaining a discharge from imprisonment, under the provisions of the act of April 22d, 1850, for the relief of persons imprisoned on civil process. Respectfully yours,

I.

Oath of Imprisoned Debtor.

C. D., defendant.

do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to defraud my creditors: so help me God.

Application having been made to me by C. D., the defendant above named, to be discharged from imprisonment under the provisions of the act of April 22d, 1850, for relief of persons imprisoned under civil process, and the said C. D. being by me examined under oath, concerning his property and his ability to pay the judgment for which he is committed, and it appearing to me that the said C. D. is entitled to his discharge from imprisonment, it is therefore ordered that the said C. D. be discharged from custody, if he is imprisoned for no other cause. Date. EDW. NORTON. Judge of the District Court, 12th Judicial District.

CHAPTER VII.

AUCTIONEERS.

STATUTORY PROVISIONS.

By the act of 1859 it is provided that any citizen of the state may become an auctioneer for the county in which he resides, on giving bonds for the faithful performance of his duties, with one or more sureties in the sum of five thousand dollars, payable to the people of the state of California, to be approved by the county judge and filed with the county clerk.

In addition to filing such bond the auctioneer must obtain a license quarterly from the county treasurer, rated as follows:

First class. Auctioneers whose average monthly sales shall amount to one hundred thousand dollars and upward, shall constitute the first class, and shall pay a license of four hundred dollars per quarter.

Second class. Those between seventy-five thousand and one hundred thousand, three hundred dollars per quarter.

Third class. Those between fifty thousand and seventy-five thousand, two hundred dollars per quarter.

Fourth class. Those between thirty thousand and fifty thousand, one hundred and twenty-five dollars per quarter.

Fifth class. Those between twenty thousand and thirty thousand, one hundred dollars per quarter.

Sixth class. Those between ten thousand and twenty thousand, sixty dollars per quarter.

Seventh class. Those less than ten thousand, twenty-five dollars per quarter.

The said act of 1859, also contains the following provisions: SECTION 5. No section of this act shall be so construed as to require a license, to be obtained for the selling of any goods at public sale that may belong to the United States, or to this state,