but also upon the land upon which the same are erected; together with a convenient space around the same, or so much as may be required for the convenient use and occupation of the premises; or upon such interest as the said C. D., who caused the said building or superstructure to be erected, had on the first day of May, 1859, when the same was commenced, or at any time since hitherto.

That sixty days have not elapsed since the completion of such building or superstructure.

That the following is a correct description of the property to be charged with said lien: [here give the description.]

That the following is a just and true account of the demand due to the claimant, after deducting all proper credits and offsets:

City and County of San Francisco, ss.

A. B., the claimant in the within notice of intention to hold a lien named, and who subscribes the same, being duly sworn, says that he has read the same and knows the contents thereof, and that the same is in all respects just and true, and contains a just and true account of the demand due him, after deducting all proper credits and offsets.

Sworn to before me this 15th day

of September, A. D. 1859.

[L. S.]

WD. W. WIGGINS, Notary Public.

A. B.

A. B. against C. D.

Notice of Intention to Hold Lien.

City and County of San Francisco, ss:

Notice is hereby given to all whom it may concern, that I have furnished certain materials and performed labor in and about the same, for and which were used in the construction and erection of a certain building erected on lands in the city and county of San Francisco, which lands are reported to belong to one C. D. [or, to one D., husband of said C. D., or, to the said C. D. and her husband jointly]. That such materials were furnished and labor performed at the instance and request of one E. F., the contractor of said building, or of some part or portion thereof. The said building is situated on the lot described as follows: [description.]

And notice is also given, that I intend to hold a lien on said building, and the lot whereon the same is situated, and all the interest of the said reputed owners therein, for the amount which is hereunder written, and is for the value of the said material and labor, and amounts to the sum of fifty-seven dollars and forty-one cents, and that the said materials were furnished and labor performed within thirty days last past.

The following is a copy of the account above referred to, &c., &c., [as in foregoing.]

Notice is hereby given to all persons holding or claiming liens on that certain lot of land, with the building thereon, situated in the city of San Francisco, and described as follows: [here insert description,] to be and appear before me at my court-room, No. 101 Merchant street, on the 20th day of June, A. D. 1859, at ten o'clock in the forenoon of that day, and then and there exhibit the proof of said liens.

Dated this 25th day of May, A. D. 1859.

JAMES BRADFORD, Justice of the Peace.

Order of Reference to ascertain and compute Liens, &c.

Peter Don
against

M. W. Sig, John L. Brown, and
E. P. Hawks, partners, &c.

District Court, Twelfth Judicial District.

In the above-entitled cause, the plaintiff having proved to the satisfaction of the court that he had caused to be published for at least twenty days prior to the 12th day of March, 1859, in the San Francisco Herald, a daily newspaper published in the city and county of San Francisco, a notice as required by law, notifying all persons holding or claiming liens under the provisions of the act of the legislature of the state of California, entitled "An Act for Securing Liens to Mechanics and others, passed April 19th, 1856," and an act amendatory thereof, approved April 22d, 1858, entitled "An Act to amend an Act entitled an Act for Securing Liens to Mechanics and others," passed April 19th, 1856, upon the premises described in the plaintiff's complaint, to be and appear in this court on the twelfth day of March, 1859, at ten o'clock A. M. of the said day, and during the regular term of said court, and to exhibit then and there the proof of said liens; and it appearing to the court that the plaintiff hath in all things complied with the law and the provisions of the statute in respect to said notice; and it further appearing that on the said 12th day of March, the following-named persons appeared in said court and claimed a lien on said premises, and offered to establish the same by proof, to wit:

J. Johnson, Peter Williams, &c., &c.

And no other persons than those last above-named having appeared in pursuance of said notice, and claimed or exhibited proofs of their liens on said premises or any part thereof, it is adjudged, ordered and decreed that all liens not so exhibited on the said 12th day of March, 1859, shall be and the same are hereby adjudged and deemed to be waived in favor of those which were so exhibited.

And it is further ordered that this cause and the issues therein and the liens or claims of lien so exhibited on the said 12th day of March as aforesaid, be referred to John B. Harmon, to ascertain and report upon said liens and the amount justly due thereon, and upon the issues in this cause.

CHAPTER XXVIII.

MAGISTRATE.

STATUTORY PROVISIONS.

A MAGISTRATE is an officer having power to issue a warrant for the arrest of a person charged with a public offence. The following persons are magistrates: justices of the Supreme Court, district and county judges, justices of the peace, recorders of cities, and mayors of cities, upon whom are conferred by law the powers of justices of the peace.'

A coroner may also issue a warrant into one or more counties, for the arrest of a person found by an inquisition to have caused the death of another by criminal means."

A justice of the Supreme Court, a district judge, or county judge, may issue his warrant of arrest to any peace officer in the state. But any other magistrate can only issue his warrant to be served without the limits of his county, when his official character is certified by the county clerk of his county, or his handwriting is proved by affidavit endorsed on or annexed to the warrant, and some magistrate of the other county shall endorse upon the warrant an order that the warrant be executed in such other county.'

The warrant is issued upon the complaint of the prosecutor under oath, and the depositions of any witnesses he may produce." Upon being arrested, the defendant must, in all cases, be taken before the proper magistrate without delay."

If a public offence be committed in the presence of a magistrate, he may, by a verbal order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest."

1 Wood's Dig. art. 1446.

2 id. 487.

3 id. 1451.

4 id. 1447, 1448.

id. 1455, 1468, 1472. • id. 1469.

Arrest may also be made without a warrant by a peace officer* or by a private person: 1. For a public offence committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence; 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it; and 4th. By a peace officer only, on a charge made upon a reasonable cause, of the commission of a felony by the party arrested. A peace officer may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony.'

The person must be informed of the cause of the arrest and the authority of the officer, except when he is in the actual commission of the offence, or is arrested on pursuit immediately after the act, or after an escape.'

When a defendant is arrested for a felonyt he must be brought before the magistrate who issues the warrant, or in case of his absence or disability, the nearest or most accessible magistrate of the same county; except in the case when the warrant is issued in the county where the defendant is found, upon an offence triable in another county, the defendant must be taken to that county.'

When arrested for a misdemeanor,+ however, the defendant is entitled to be admitted to bail in the county where arrested.' The proceedings to be had upon the examination of the defendant are fully contained in the following sections of the act in relation to proceedings in criminal cases quoted from Wood's Digest of California Laws, from section 146, page 281, to section 176, page 284.

SEC. 146. When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offence, the magistrate shall immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.

* Peace officers are sheriffs of counties, and constables, marshals, and policemen of cities and towns respectively.

+ A felony is a public offence, punishable with death or by imprisonment in a state prison. Every other public offence is a misdemeanor.

1 Wood's Dig art. 1'64-1474.

2 id. 1467 and 1470.

aid. 1452, 14 5-1455.

4id. 1458, 1451 14:8.