What defendant in forcible entry, etc., may show: 23 Cal. 331; 27 Cal. 563; 28 id. 172; 31 id. 467; 36 id. 580; 38 id. 619; 41 id. 242; 43 id. 299; 45 1d. 495. What tenant may show: 8 Cal. 592; 21 Cal. 309; 25 Cal. 35; 34 Cal. 265; 36 Cal. 303. § 1173. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible detainer, and other than the offence charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be permitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor. Stat. 1865-66, 770, § 10. 32 Cal. 340; 38 Cal. 410. 1174. If, upon the trial, the verdict of the jury or the finding the court is in favor of the plaintiff and against defendant, the ck must thereupon enter judgment for the restitution of the prem The jury, or the court, in case the proceeding is tried without ry, must also assess the damages occasioned to the plaintiff by the cible entry or detainer, or in case of rent unpaid, the amount of rent then due, and thereupon judgment against the defendant for ee times the amount of such damages or rent, as the case may be, or assessed, must be entered. Stat. 1865-66, 771, § 12. Restitution: 10 Cal. 211; 19 Cal. 375: 39 Cai. 287. found Rent due: 17 Cal. 566; 20 Cal. 282; 21 Cal. 55; 27 Cal. 568; 40 Cal. 246 Treble damages: 4 Cal. 412; 6 Cal. 63, 169; 15 Cal. 149; 23 Cal. 375; 25 Cal, 264. 1175. The complaint and answer must be verified. § 1176. An appeal taken by the defendant does not stay proceedings upon the judgment unless the county judge so directs. Vide $ 1165 and note. 1177. Except as otherwise provided in this chapter the provisions of Part II, of this code, are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter. Vide note to & 1171. 1178. The provisions of Part II, of this code, relative to new trials and appeals except in so far as they are inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter. [An Act to amend an Act entitled “An Act concerning Forcible Entries and Unlawful Detainers, and to repeal all other Acts on the same subject.”—Approved April 27, 1863. Approved March 11, 1872-took effect thirty days after passage. SECTION 1. Section nine of said Act is hereby amended so as to read as follows: SEC. 9. Upon filing with the county clerk of the proper county a complaint duly verified, the clerk shall at the request of the plaintiff or his attorney, issue a summons thereon directed to the defendant, requiring him to appear and answer in said action within three days after service of summons. The summons shall be served by delivering a copy thereof upon the occupant of the premises described in the complaint, or by leaving such copy on the premises in a conspicuous place. Any demurrer or other objection filed before answer may be heard on one day's notice, and a copy of any pleading filed by the defendant shall be served on the same day on the plaintiff or his attorney. If the demurrer be filed on the day for answering it shall be heard at once, or not later than 10 o'clock A.M. of the next day. If the demurrer be overruled, the defendant shall answer on the same day. If it be sustained, the plaintiff shall file an amended complaint within three days thereafter, and the defendant shall answer the same within three days after the service upon him or his attorney of a copy of the same. The answer shall be verified, and shall contain a specific denial of each material allegation of the complaint. At 10 o'clock A. M. on the day after the expiration of the time within which the defendant should answer the original com plaint of plaintiff, the county judge shall attend at the county courtroom and open court; and if the defendant shall have failed to answer or demur to the complaint, he shall upon satisfactory proof thereof, order such judgment as shall be just in the premises. If the defendant shall have answered or demurred, the judge shall set a day for the trial of the action, which shall be within not more than two weeks from the day of service of the summons. If a jury shall have been demanded in writing, he shall order the clerk to issue a venire for a special trial jury to be summoned for the day fixed by the court. The jury shall be summoned in the same manner, and possess the qualifications and be subject to the same challenges as provided in section twenty-eight of an Act entitled an Act concerning Grand and Trial Jurors," approved April twenty-seventh, eighteen hundred and sixty-three. All proceedings other than the trial of the cause may be heard in chambers or in open court. If a jury be demanded, the demand shall be in writing, filed at the time of the issuance of the summons, if demanded by the plaintiff, or at the time of filing the answer or demurrer, if demanded by the defendant, and shall specify the number, not less than three, demanded. If the parties disagree as to the number of the jury, the Court shall determine the same. The demand in all cases shall be accompanied by the proper jury fee, otherwise a jury trial shall be deemed to have been waived, See new § 1179 in appendix. TITLE IV. OF THE ENFORCEMENT OF LIENS, CHAPTER I. LIENS IN GENERAL. II. LIENS OF MECHANICS AND OTHERS UPON REAL III. CERTAIN LIENS FOR SALARIES AND WAGES CHAPTER I LIENS IN GENERAL. SECTION 1180. Definition of lien 1180. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. CHAPTER II. LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY. SECTION 1183. What laborers, contractors, etc., may have liens upon. § 1185 1184. Liens for grading and filling lots and streets. 1185. What interest in the land subject to the lien. 1186. Effect of liens. 1187. Claim of lien to be filed in recorder's office 1188. Liens upon two or more pieces of property. Amount due from each to be designated. 1189. Claim to be recorded. Fees of recorder. 1190. Time of continuance of lien. 1191. Service of summons by publication. Sub-contractors, who are and when paid out of proceeds of sale. 1192. 1196. Court to declare rank of liens. Execution for deficit. Actions for separate liens may be joined, when and how. 1197. Lien does not impair right to proceed for recovery of the debt. 1198. Rules of practice. 1199. New trials and appeals. ing materials Every person performing labor upon, or furnishbe used in the construction, alteration or repair of any mining aim, building, wharf, bridge, ditch, flume, tunnel, fence, machine railroad, wagon road, aqueduct to create hydraulic power, or any her structure, or who performs labor in any mining claim, has a upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of owner of the building or other improvement, or his agent, but the aggregate amount of such liens must not exceed the amount wh the owner would be otherwise liable to pay, C. C. P.-33 |