Action a civil case. Stay of execution, when. 720. § 13. The proceedings in or upon the trial of any such action shall be the same as in other civil cases, except as herein otherwise provided, and judgment shall be entered, execution issued, and all other proceedings, both before and subsequent to judgment, be had as in other civil cases; provided, that no appeal taken by a defendant in such action to the supreme court shall prevent the issuance and execution of the writ of restitution therein unless the county judge shall by his written order direct that such writ of restitution be stayed. Court commissioners may act, when. 721. §14. Any duly appointed court commissioner of a county may perform any and all the duties in this act required to be performed by the county judge, whenever such commissioner is authorized by law to perform such duties. Repealing clause. Pending actions. 722. § 15. All acts or parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed; provided, this section shall not in any way affect or apply to actions or proceedings commenced or pending before this act goes into effect, but the same may be prosecuted and proceeded in to final judgment or otherwise, in the same man. ner as if this act had not been passed. Holding over by lessees, etc. [The old laws in relation to holding over by lessees after rent due, after expiration of lease, etc.-which are a portion of the old statutes concerning forcible entries and unlawful detainers- do not seem to be affected by the new act above given. The old laws are however in such a condition, being portions of acts otherwise superseded, that it is found impracticable, without further legislation or judicial declaration, to attempt to state exactly what is or what is not in force. See Hittell's Gen. Laws, 3129-3143 and 3947-3951. The decisions of the supreme court in regard to questions between landlords and tenants, (some of which are changed as rules of law by later legislation) will be found in 3 Cal. 273, 334; 4 Cal. 170, 208; 6 Cal. 189; 7 Cal. 250; 10 Cal. 302; 11 Cal. 133; 17 Cal. 80; 21 Cal. 309; 23 Cal. 519; 25 Cal. 31, 262, 384; 27 Cal. 502; 28 Cal. 118, 224; 29 Cal. 168, 661; 32 Cal. 93.] ACTIONS IN JUSTICES COURTS AGAINST NON-RESIDENTS. An Act to amend sections seven, five hundred and thirty-five, and five hundred and forty-one of an act entitled an act to regulate proceedings in civil cases in courts of justice of this State, approved April 29, 1851. Approved March 30, 1868; 1867-8, 550, [§§ 1, 2, 3, and 4 contain the amendments to sections 7, 535, 541 and 586 of the Practice act, therein inserted.] 723. 5. Nothing in this act shall be construed to preclude the bringing of actions in justices' courts of this State against any party or parties residing out of this State. § 6. This act shall take effect and be in force immediately. COMPOSITION WITH DEBTORS. An Act for the relief of debtors. Agreements of composition valid. 724. 1. By agreement between creditor and debtor, a less sum than the whole amount may be paid and received in full payment and discharge of any indebtedness, if such agreement be clearly manifested by a receipt or instrument, in writing, signed by such creditor. § 2. This act shall take effect immediately. IMPEACHMENT OF WITNESSES. An Act in relation to witnesses. General character may be inquired into. 725. § 1. In any civil or criminal action or proceeding, a witness may be discredited or impeached, and for such purpose his general character for truth, honesty and integrity may be inquired into. § 2. This act shall take effect immediately. ADVERSE CLAIMS AGAINST COMMON SOURCE OF TITLE. An Act to expedite the settlement of titles to lands held under a common source of title. Approved March 14, 1868; 1867-8, 158. Action to determine adverse claims. 726. 1. Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint-tenants, copartners, [coparceners] (?) or in severalty, may unite in an action against any person claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or of removing a cloud upon the same. § 2. This act shall take effect immediately upon: its passage. DEATH OF LAST SURVIVING TRUSTEE. An Act to provide for the more certain execution of express trusts in case of the death of the last surviving trustee. Approved March 14, 1868; 1867-8, 170. Execution of trust. 727. § 1. Upon the death of the last surviving trustee of an express trust, the trust estate shall not descend to his heirs nor pass to his personal representatives, nor to any assignee or devisee; but the trust, if then unexecuted, shall rest in the people of the State of California, with all the powers and duties of the original trustee, and shall be executed by some person appointed for that purpose by the district court for the county in which the property held in trust, or some part thereof, shall be situated at the time of the death of such surviving trustee, and under the direction of that court, upon such previous notice to the attorney general, representing the State in that behalf, as the court conducting the proceedings shall prescribe. Express trusts and existing trusts. 728. § 2. The provisions of this act shall extend to all express trusts heretofore created; provided, the trustee or trustees shall be alive at the time of the passage of this act, and to all express trusts hereinafter [hereafter] created. §3. This act shall take effect immediately on its passage. PROTECTION OF WAGES OF LABOR. An Act to protect the wages of labor. Wages preferred claims on assignment or insolvency of employer. 729. § 1. That in all assignments of property, whether real or personal, which shall hereafter be made by any persons, or chartered company or corporation, or by any person or persons owning or leasing real or personal property, to trustees or assignees, on account of inability at the time of the assignment to pay his, her or their debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks or laborers employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees before any other creditor or creditors of the assignor; provided, that the claims of each miner, mechanic, salesman, servant, clerk, or laborer thus preferred shall not exceed in value one hundred dollars of gold coin of the United States, and the services shall have been rendered or labor performed within forty days next preceding said assignment or the filing of said proceeding in insolvency. Wages on death of employer. 730. § 2. That in all cases of the death of any employer or employers, the wages of each miner, mechanic, salesman, clerk, servant and laborer, for services rendered within the forty days next preceding the death of the employer, not exceeding one hundred dollars of gold coin of the United States shall rank after the funeral expenses of the last sick |