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Upon a Plea of a Former Conviction or Acquittal of the Same Offence.

We find for the People [or, for the defendant].

A special verdict need not be in any particular form-it must intelligibly present the facts found by the jury. It must be reduced to writing by the jury, or in their presence entered upon the minutes of the court, read to the jury, and agreed to by them before they are discharged.

Special Verdict, where Defendant is under fourteen years of age, rendered in San Francisco,under the Act in relation to the Industrial School.

We find that the defendant is under the age of fourteen years, and that he has committed an act which, if committed by a person of responsible age, would warrant a conviction of the offence alleged in the indictment.

Special Verdicts in Probate Matters, certified to the District Court for Jury Trial.

In answer to the question, Is C. B., the person styling herself Sarah Hope, in the opposition to the issuance of letters of administration, the surviving wife of Bartemas Hope, deceased? We say, Yes.

We find that the said promissory note was not made and executed by the intestate, Alexander Broom, in his lifetime and delivered to the said Peter Joram, for a valuable consideration, and that said promissory note is not a valid claim against the said estate.

VERDICTS IN CIVIL CASES.

In Action for Damages.

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We find for defendant, [or, for plaintiff, damages $ or, for plaintiff against defendant, C. D., damages $ and verdict for the defendant E. F.;] [or, if it be a special verdict, insert the same at length.]

Verdict, with Assessment of Value of Personal Property.

We find, [as in the preceding forms, and then add:] and the jury assess the value of the said [mention the property in ques

tion] at

dollars. [If necessary add: and they further assess the damages of the said defendant by occasion of the delivery and detention of the said property, at

dollars.]

Verdict where Personal Property is in Question.

We find the title of the horse in question to be in the plaintiff, and assess the value thereof at one hundred dollars.

In Cases of Lunacy, &c.

We find that A. B. is a lunatic, of unsound mind, and incapable of managing or conducting his affairs [or, that A. B. was of unsound mind] at the time of the execution of the will [or, deed] in question, to wit: on the

18

day of

and incompetent to execute the same; [or, that A. B. was of unsound mind, and incompetent to contract matrimony, at the time of the solemnization of the marriage to E. D., to wit: on the

day of

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In Action for Recovery of Real Property.

We find the title of the land in question to be in the plaintiff'; [or, defendant; if there is a claim for the mesne profits add:] and assess the damages for withholding the said premises, against the defendant, at dollars and six cents costs.

Form of Polling the Jury.

[Begin with the first name on the panel, as in criminal actions.] A. B., you say you find [as the verdict may be: after the answer is given then call the next juror], C. D., is that your verdict? [Proeeed in this manner through the list, and when all have answered, say] Then, gentlemen of the jury, hearken to your verdict, as the court has recorded it. You say you find [as the verdict may be], and so you say all.

Entry of Default.
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SS:

Clerk's Office of the District Court) of the 12th Judicial District, In this action, the defendants, John Smith and William Brown, having been regularly served with process, as appears by the papers on file herein, and having failed to appear and answer the complaint of the plaintiff on file herein; and the legal delay for answering having expired, the defaults of the said defendants,

John Smith and William Brown, in the premises, are hereby entered according to law.

Attest my hand and seal of said court this 21st day of June,

A. D. 1859.

[L. S.]

Name Name of Judg-of Judg ment ment Debtor Creditor'

WILLIAM DUER, Clerk.

By CHAS. S. CAPP, Deputy Clerk.

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1859. July 9.

Satisfied in

Judgment af-full, Aug. 5,| firmed, with 5 1859.

per cent. dam

ages; costs on

appeal taxed,

$60.

Entry in the Minutes of the Election of Associate Justices of the Court of Sessions.

Court of Sessions, Oct. Term, 1858.

Tuesday, Oct. 12.

The court met pursuant to adjournment. Present-Hon. M. C. Blake, county judge, S. A. Hastings, and S. P. Burnham.

The regular convention for the election of associate justices having met, pursuant to statute, on the fourth day of October, A. D. 1858, it is ordered that the minute of the proceedings of said convention, taken and made at the time thereof, by the clerk of said convention, be entered, pursuant to statute, in the records of this court.

Minute of the proceedings of the convention of October 4th, 1858, for the election of associate justices of the Court of Sessions of the city and county of San Francisco.

State of California,

City and County al San Francisco,

Ss:

On this fourth day of October, A. D. 1858, being the first Monday of the month subsequent to the general election of the year 1858, in pursuance of the call of the county judge of said city and county, convening, the persons elected as justices of the peace of said city and county, at the general election held on the first day of September, A. D. 1858, for the purpose of electing associate justices of the Court of Sessions of said city and coun

ty, a convention of said persons was held at the chambers of said county judge at the city-hall, in the city and county of San Francisco.

Present-B. Carman, justice of the third township; Lawrence Ryan, justice of the first; George Robbins, justice of the fourth; William H. Culver, justice of the second; S. P. Burnham, justice of the fifth; Thomas Dorland, justice of the sixth.

Hon. M. C. Blake, county judge of said city and county, presided over the said convention, and William Duer, county clerk of said city and county, acted as clerk.

It being shown that the above-named persons were duly elected as justices of the peace of the said city and county, at the general election for the year eighteen hundred and fifty-eight, held in said city and county, on the first day of September, 1858, and that said justices elect, had severally duly qualified and filed their respective bonds as such justices, as required by law, and were all of the justices so elected on motion of Justice Ryan, the said justices proceeded to elect two of their number as associate justices of the Court of Sessions of said city and county.

The president thereupon appointed William H. Culver and Lawrence Ryan, tellers. On the ballot for election of one of the associate justices, the number of votes polled was six, of which S. P. Burnham received six votes; and thereupon the said S. P. Burnham was declared elected.

On the ballot for the remaining associate justice, the number of votes polled was six.

B. Carman received four votes, and Thomas Dorland received two votes; and thereupon B. Carman was declared elected.

The president then directed certificates to be made and issued, to S. P. Burnham and B. Carman, as associate justices elect, of the Court of Sessions of the city and county of San Francisco. And thereupon, there being no further business before the convention, the same was adjourned sine die.

WM. DUER, County Clerk.

Appointment of Associate Justice to serve in Court of Sessions, during the temporary absence of Associate Justice Elect. In the Court of Sessions of the

County of

Thursday,

A. D. 18.

At the time for the opening of the court, A. B., Esq., one of the associate justices of said Court of Sessions, being absent, and upon learning that he is unable to be present, I do hereby, before the transaction of any business in said court, designate and appoint C. D., Esq., one of the justices of the peace of said county, associate justice of said court, in the place of, and

to supply the vacancy or deficiency occasioned by the absence. of said A. B. for the present term of said court.

County Judge of the County of

E. F.

Form for Certifying and Transferring Indictment to the District Court.

City and County of San Francisco, ss:

I, William Duer, county clerk of said city and county, and ex officio clerk of the court of sessions thereof, do hereby certify that, on motion of Esq., district attorney of

said county, made in open court in said court of sessions, on the 1859, it was ordered by said

day of

court that the indictment found against
within-named defendant, and filed in said court on the
day of
1859, charging him with the crime of

trict Court of the California, in and for the

for trial.

,

the

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be certified and transferred to the Disjudicial district of the state of county of

And in pursuance of the said order, I do hereby certify the within to be the original indictment so found and filed as aforesaid in said court of sessions, on the

day of

1859, and do hereby transfer the same to said district court for trial.

Witness my hand, and the seal of said court of sessions, this

day of

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Subpana in a Criminal Case.

The People of the State of California to A. B.

You are commanded to appear before the court of sessions of the city and county of San Francisco, state of California, at the court house of said court, in the city-hall of said city and county, on the eighth day of June, A. D. 1859, at ten o'clock A. M., as a witness in a criminal action prosecuted by the people of the state of California against M. N., on the part of the defendant. [If books, papers, or documents be required, insert a direction to the following effect in the subpona.] And you are required also to bring with you the following [describe intelligibly the books, papers, or documents required].

By order of the court, WILLIAM DUER, Clerk.

[L. s.]

By J. F. BOWMAN, Deputy Clerk.

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