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any additional other or different relief to which he may be entitled. A. B.
County of Los Angeles, ss:
A B, being duly sworn, says that he has read (or heard read) the foregoing petition, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information or belief, and as to those matters he believes it to be true. A B.
Sworn before me, February 1st, 1859.
Wm. G. Dryden, Notary Public.
Citation to Master on behalf of Apprentice.
In the County Court of the County of Los Angeles.
The people of the state of California send greeting: To G. H.
A. B. having filed in this court his petition, praying that hia indenture of apprenticeship with you may be annulled, and that he recover the sum of twenty-five dollars due from you, and for general relief, on the ground of your refusal to pay him the amount agreed upon in said indenture, and of cruelty and maltreatment, the hearing of the same has been fixed for Monday the day of next, at ten o'clock in the forenoon,
of that day, at the court room of this court, at the court-house in the city of Los Angeles, at which time and place you are cited to appear and answer the said petition, or in default thereof, proof therein will be heard in your absence; and such judgment as the right of the case demands will be rendered on said petition.
Given under my hand, and the seal of the county court of the county of Los Angeles, this day of in the year
of our Lord one thousand eight hundred and fifty-nine.
Charles R. Johnson, [l. S.] Clerk.
Certificate of Apprenticeship of an Indian Minor.
State of California, ) .
City and County of San Francisco. j Before B. Carman, Justice of the Peace in and for the third township of said county. In the matter of the care, custody and con-) trol, of "Mariposa," an Indian minor: f Charles Cole, a resident of this city and county, having, this first day of June, 1859, appeared before me with the parents [or, friends,] of a female minor Indian, named "Mariposa," which child he has obtained from the parents [or, relatives] of said minor, and having made application for authority to keep the said minor, and after a full examination of the matter, it appearing satisfactorily to me that no compulsory means have been used to obtain the child from its parents or friends, and it appearing that the age of said child, so far as can be ascertained, is under fifteen years [if a male, under eighteen years], to wit, if the age of ten years, and there appearing to me no valid objection to binding out said child to the said applicant, I do hereby certify that the said Charles Cole is authorized to have the care, custody, control and earnings of said minor "Mariposa," until she attain the age of fifteen years [if a male, eighteen years]. Witness my hand the first day of June, 1859.
B. Carman, Justice, &c.
Order of a Justice transferring an Indian Minor to a new
State of California, ) .
City and County of San Francisco. j
Before B. Carman, Justice of the Peace in and for the third township of said county.
In the matter of "Mariposa," an Indian minor.
Charles Cole, having been convicted on trial this day duly had before me, of neglecting to clothe and suitably feed [or, of inhumanly treating] "Mariposa," a female minor Indian, in his care, and it appearmg to me, that he is not a proper person to have the care and control of said minor, I do hereby order and direct, that the said " Mariposa" be removed from the care, custody and control of said Charles Cole, and that she be placed in the care of Henry Thorn, a competent and shitable person, who is hereby authorized to have the care, custody, control and earnings of said "Mariposa" until she arrive at the age of majority.
Witness my hand this first day of August, 1859.
B. Carman, Justice, &c.
Contract of Service by an Indian.
This contract made between Paul Sampson, and Panoche, an Indian, showeth:—
That said Panoche agrees to serve the said Sampson, for the period of five years, as a body-servant, to do and perform any and all services of every description that may be reasonably required of him by said Sampson, and in consideration thereof, the riaid Sampson agrees to feed and clothe the said Panoche, and furnish him with comfortable lodgings, during the said period to pay him weekly the sum of one dollar, and at the end of his term of service, to wit, the first day of May, 1864, to pay to him the sum of three hundred dollars, and a new suit of clothes. Witness our hands this first day of May, 1859.
Lawrence Kyan, Justice of the Peace.
City and County of San Francisco, 88:
I, Lawrence Ryan, justice of the peace of said county in and for the first township, certify that I approve of the foregoing contract of service, and I do nereby file the said contract in my office, as required by statute, this first day of May, 1859.
Lawbence Ryan, Justice, &c.
Persons capable of contracting may, by agreement in writing, submit to arbitration any controversy which might be the subject of a civil action between them, except a question of title to real property in fee or for life. This qualification shall not include questions relating merely to the partition or boundaries of real property.'
It may be stipulated in the submission, that it be entered as an order of the District Court, for which purpose it shall be filed with the clerk of the county where the parties, or one of them, reside. The clerk shall thereupon enter in his register of actions a note of the submission, with the names of the parties, the names of the arbitrators, the date of the submission, when filed, and the time limited by the submission, if any, within which the award shall be made. When so entered, the submission shall not be revoked without the consent of both parties. The arbitrators may be compelled by the court to make an award, and the award may be enforced by the court in the same manner as a judgment. If the submission be not made an order of the court, it may be revoked at any time before the award is made.
Arbitrators shall have power to appoint a time and place for hearing, to adjourn from time to time, to administer oaths to witnesses, to hear the allegations and evidence of the parties, and to make an award thereon.1
All the arbitrators shall meet and act together during the investigation; but when met, a majority may determine any question. Before acting they shall be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation
to the matters in controversy, and to make a just award according to their understanding.1
The award shall be in writing, signed by the arbitrators, or a majority of them, and delivered to the parties. Wben the submission is made an order of the court, the award shall be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a "party", and on filing an affidavit, showing that notice of filingffijf.award has been served on the adverse party or his attorneyjj^rleast four days prior to such application, and that no order staying the entry of judgment has been served, the award shall be entered by the clerk in his judgment book, and shall thereupon have the effect of a judgment.1
The court, on motion, may vacate the award upon either of the following grounds, and may order a new hearing before the same arbitrators, or ndjt, in its discretion: 1. That it was procured by corruption or fraud. 2. That the arbitrators were guilty of misconduct, or committed gross error in refusing on cause shown to postpone the hearing, or in refusing to hear pertinent evidence, or otherwise acted improperly, in a manner by which the rights of the party were prejudiced. 3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted to consider a part of the matters submitted to them; or that the award is indefinite, or cannot be performed."
The court may, on motion, modify or correct the award, where it appears: 1. That there was a miscalculation in figures, upon which it was made, or that there is a mistake in the description of some person or property therein. 2. "When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not aflect the decision on the matter submitted. 3. When the award, though imperfect in form, could have been amended if it had been a verdict, or the imperfection disregarded.'
The decision upon the motion shall be subject to appeal in the same manner as an order which is subject to appeal in a civil action, but the judgment entered before a motion is made shall not be subject to appeal.'