AS ADOPTED IN 1872, AND AMENDED IN 1873-4 AND 1875-6.

WITH

References to the Decisions of the Supreme Court; and
Notes showing the changes made in the differ-
ent Statutes consolidated in the Code,
since their original adoption.

Entered according to Act of Congress, in the year 1872, by

SUMNER WHITNEY & COMPANY,

in the office of the Librarian of Congress at Washington, D. C.

Entered according to Act of Congress, in the year 1874, by SUMNER WHITNEY & COMPANY,

in the office of the Librarian of Congress at Washington, D. C.

L 6778

NOV 2 8 1932

PREFACE.

The object of this edition of the Code of Civil Procedure is to give, in compact form, the text of the Code, together with amending or conflicting Acts of the last session of the Legislature, and, by means of notes and italics, to show the difference between the Code and the present law, and what changes have been made, from time to time, in the present Probate and Practice Acts, since their adoption.

The numbers of the corresponding sections of the Probate and Practice Acts are given in the parentheses.

Where existing statutes, other than the Practice and Probate Acts, are incorporated in any section, they are referred to in the notes beneath the section.

Where the Code varies from the present law only by the addition of a clause, such clause is printed in italics, but, where there is any material variation, the existing statute is given in full, with references to any changes made since its original adoption.

Sections which contain provisions not heretofore embraced in our statutes are preceded by "(N. S.)" and those made expressly applicable to Justices' Courts are preceded by an asterisk.

The references to decisions are believed to contain a full and accurate list of those bearing directly upon the particular sections under which they are given.

I hope that time and use will show very few errors or omis. sions in this edition of the Code. The very short time allowed to prepare the notes and references for the printer is the excuse offered for any defects which may be found in them.

Every possible precaution has been taken to insure accuracy in the text of the statute, and as a final revision, after the whole had been stereotyped, the proof sheets were carefully compared with the original text, and the few immaterial errors found, noted in the errata.

SAN FRANCISCo, August, 1872.

WARREN OLNEY.