CALIFORNIA'S J Code Time Table By J, H, KANN ►iiMUlKr Park Xm. I r*Jlfl«C« ; :~?^^iP.' 'ili^ 'I^^R.. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ?&vA)i CALIFORNIA'S Code Time Table Containing an Alphabetical Arrangement of the Various Periods of Time Required CODE OF CIVIL PROCEDURE, THE CIVIL CODE, THE PENAL CODE, AND THE RULES OF THE SUPREME COURT Now in Force, in All Actions and Proceedings in the Courts of the STATE OF CALIFORNIA With Notes Referring to the Amendments of 1901 By Jerome h. kann Of the San Francisco Bar San Francisco L. R. DEMPSTER, Law Publisher 35 Glen Park Avenue 1902 K )35/c Copyrighted, 1902, by L. R. DEMPSTER All rights reserved PREFACE. It can seldom be said of a law publication that it fills a long felt want, but, strange as it may seem, this is the only work containing a complete table of all periods of time, re- quired in actions and proceedings in the Courts of California, ever published in this State. The full title of this book, as given on the title page, explains the character of the work. It is designed to meet the needs of the busy lawyer who is con- stantly confronted with the question as to the periods of time provided by law in the various actions and proceedings in this State. The work is practical ; I have taken great pains to give an absolutely correct Table, and the Publisher has used his best efforts to further facilitate the use of this work. I trust that this book will be to the lawyer what the time table is to the traveler. Jerome H. Kann. San Francisco, January, IQ02. 84837'r ABBREVIATIONS. CCP. Code of Civil Procedure of the State of California. CC. Civil Code of the State of California. PC. Penal Code of the State of California. RSC. Rules of the Supreme Court of the State of California. App. Appendix. CALIFORNIA'S CODE TIME TABLE Account FIVE DAYS after demand of the items of an Items of account the same must be delivered to the adverse party. 454 CCP. THREE MONTHS after his appointment a Account of guardian guardian must render an account of the estate. i754 CCP. SIX MONTHS after his appointment an exec- Account of utor or administrator must render an exhibit administra- under oath, showing the amount of money tor received and expended by him, the amount of all claims presented against the estate, and the names of the claimants, and all other 6 CODE TIME TABIDS. ACCOUNT matters necessary to show the condition of its aflfairs. 1622 CCP.* Account of sale THIRTY DAYS after the sale of real property an executor or administrator must return an account of the sale. 1575 CCP. See Executor and Administrator, Guardian, Public Administrator, Set- tlement, Trustee. Action See Limitations, Statute of. Adjournment TEN DAYS is the limit of the power of a Judge of the Justices' Court to grant an ad- journment, unless an undertaking is filed by the party making the application to the effect that said party will pay to the adverse * Repealed : — Commissioners' Amendment, 1901. CODE TIME TABLE. party the amount of any judgment which ADJOURN. MENT may be recovered in the cause. 877 CCP. FOUR MONTHS' adjournment may be had in the Justices' Court if a party cannot pro- ceed for want of material testimony. 876 CCP. THREE HOURS' adjournment, upon an ap- plication of the plaintiff, discharges defend- ant from custody if he has been arrested. 876 CCP. See Postponement. Administrator TEN DAYS' notice of an application for let- Letters of ^ , . . . 1 • adminlstra- ters of administration must be given. ^.^^ 1373 CCP. FIVE DAYS before the return day the citation Bond to an administrator to show cause why he should not give further security must be served on him, 1398 CCP. CODE TIMK TAB1,E. ADMINIS- TRATOR Claims against the estate TWO MONTHS after his appointment the administrator must publish a notice to the creditors of the decedent, requiring all per- sons having claims against the estate to exhibit them.* 1490, 151 1 CCP. FOUR WEEKS the notice of the administra- tor, requiring all persons having claims against the decedent to exhibit the same, must be published. 1490 CCP. TEN MONTHS after the first publication all creditors of the decedent must exhibit their claims to the administrator when the estate exceeds the value of $10,000. 1491 CCP. FOUR MONTHS after the publication all creditors of the decedent must exhibit their claims to the administrator when the estate does not exceed the value of $10,000. 1491 CCP. * TEN DAYS after the issuing of letters of administration the clerk must issue, and the adminis- trator must cause to be published, a notice to the creditors of the decedent to exhibit their claims. 1490 CCP. — Commissioners' Amendment, 1901. CODE TIME TABLE. TEN DAYS after the presentation of a claim the administrator must endorse thereon his allowance or rejection. 1496 CCP. ADMINIS. TRATOR THIRTY DAYS after a claim is allowed by the administrator the same must be filed in the Court. 1497 CCP. Claims against the estate THREE MONTHS after a claim is rejected by the administrator, if the same be then due, an action must be commenced thereon. 1498 CCP. TWO MONTHS after a claim rejected by the administrator becomes due, the claimant must commence an action thereon. 1498 CCP.* SIX MONTHS after his appointment the ad- ministrator must render an exhibit under oath, showing the amount of money received and expended by him, the amount of all Account and inventory * THREE MONTHS after a claim is rejected by the administrator an action must be commenced thereon, whether the claim be then due or not. 1498 CCP. — Commissioners' Amendment, 1901. lO CODE TIME TABLE. ADMIN1S= claims presented against the estate, and the TR TOR names of the claimants, and all other mat- ters necessary to show the condition of its affairs. 1622 CCP.* THREK MONTHS after letters of adminis- tration are granted, the administrator must return to the Court a true inventor3'' and ap- praisement of all the estate of the decedent. 1443 CCP. TWO MONTHS after the discovery of prop- erty not mentioned in the inventory, the administrator must cause the same to be appraised and return to the Court an inven- tory thereof, 1451 CCP. Application to TEN DAYS before the hearing of the appli- cation of the administrator to let real prop- erty, notice thereof must be given to all persons interested. 1579 CCP. FOUR WEEKS the notice of the hearing of the application of the administrator to let real property must be published. 1579 CCP. * Repealed : — Commissioners' Amendment, 1901, CODE TIME TABLE. II FIVE YEARS is the limit of the power of the administrator to let real property. 1579 CCP. ADMINIS= TRATOR FOUR WEEKS the order of the Court to show cause why real property should not be mortgaged by the administrator must be published. 1578 CCP. Application to mortgage real property TEN DAYS before the hearing, the order of the Court to show cause why real property should not be mortgaged by the administra- tor must be served on the parties interested. 1578 CCP. FOUR WEEKS an order of the Court to Application show cause why real property should not be ^ ^^ ^ prop= ^ ^ erty of the sold by the administrator must be published. decedent 1539 CCP. TEN DAYS before the hearing, a copy of the order of the Court to show cause why real property should not be sold by the adminis- trator must be served upon the parties inter- ested. 1539 CCP. 12 CODE TIME TABLE. ADMINIS. TRATOR FIVE DAYS' notice of the hearing of an ap- plication of the administrator to sell personal property must be given. 1523 CCP. FOUR WEEKS an order of the Court to show cause why mines or mining interests should not be sold by the administrator must be published. 1531 CCP. TEN DAYS before the hearing, a copy of the order to show cause why mines or mining interests should not be sold by the adminis- trator must be served upon the parties inter- ested. 1531 CCP. Sale of real THIRTY DAYS after the sale of real property property ^^^^ administrator must return an account of the same. i575 CCP. FOUR WEEKS an order of the Court to show cause why real property sold by the adminis- trator should not be conveyed to the pur- chaser must be published. 1598 CCP. SIX MONTHS after the decision of the Court, refusing to convey real property sold by the CODK TIMK TABLE. 13 administrator, the claimant may sue for specific performance. 1602 CCP. ADMINIS. TRATOR TEN DAYS' notice of the final settlement of the account of an administrator must be given. 1634 CCP. Settlement of account THIRTY DAYS after an administrator is com- mitted for contempt, and has been in custody without obeying the order of the Court, let- ters of administration must be revoked. 1721 CCP. Revocation of letters THREE YEARS after the settlement of the final account of the administrator, the heirs of the decedent, or other claimants, may bring an action to recover real property sold by the administrator. 1573 CCP. Limitation of actions against the administra* tor THREE YEARS after the discovery of fraud an action may be brought by the heirs of the decedent, or other claimants, to set aside a sale of real property made by the administra- tor. 1573 CCP. See Confirmation, Public Administra- tor. 14 CODE TIME TABLE. Adverse Possession Against the people TEN YEARS after a right or title to real property has accrued, the people of this State will not sue any person for or in respect to such property or the issues or profits thereof. 315 CCP. Under written instrument FIVE YEARS' continuous occupation of real property, under claim of title founded upon a written instrument, decree or judgment, is deemed an adverse possession, and includes the whole property if only part of the same has been so occupied ; except that when the property consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. 322 CCP. Without written instrument FIVE YEARS' actual and continued occupa- tion of land, under a claim of title not founded upon a written instrument, judg- ment or decree, is deemed an adverse posses- sion, but includes only the land actually occupied. 324 CCP. Landlord and tenant FIVE YEARS after the termination of a ten- CODE TIME TABLE. 15 ancy, the possession of the tenant becomes adveise to his landlord. 326 CCP. ADVERSE POSSESSION FIVE YEARS before the commencement of an action for the recovery of real property, the possession must have been held adversely to the legal title. 321 CCP. Time of occupation FIVE YEARS after a disability of the person who has the legal title to the property ceases, an action for the recovery thereof may be brought. 328 CCP. Disability Affidavit ONE DAY before the day of the trial an affi- davit alleging the disqualification of the judge must be filed. 170 CCP. Disqualifica= tion of the Judge TEN DAYS after the receipt of the copy of an answer, the afl&davit denying the genuine- ness or due execution of a written instru- ment must be filed. 448 CCP. See New Trial. Genuineness of written instrument i6 CODE TIME TABLE. Alias Summons In the Superior Court ONE YEAR after a complaint is filed alias summons may be issued. 408 CCP. In the Justices' Court ONE YEAR after the filing of the complaint the Justice may issue alias summons. 847 CCP.* Alien FIVE YEARS from the time of the succes- sion, a non-resident alien must appear and claim the estate. 672, 1404, 1405 CC. Amended Pleadings In the Superior Court TEN DAYS after receipt of an amended plead- ing, a demurrer or answer thereto must be filed. 472 CCP. * According to the Commissioners' Amendment, 1901, there is no specified time within which an alias summons may be issued in the Superior Court. CODE TIME TABLE. 1 7 TWO DAYS after service of an amended AMENDED ^ ^^ A .1, . 4^ PLEADINGS pleading, a demurrer or answer thereto must be filed in the Justices' Court. 86o CCP. Amendments. See Bill of Exceptions. Annulment — of Marriage < FOUR YEARS after arriving at the age of consent, an action for annulment of marriage on the ground that the party was under the age of legal consent must be commenced. 83 CC. FOUR YEARS after the discovery of the facts constituting fraud, an action for annulment of the marriage on the ground that the consent was obtained bj' fraud must be commenced. 83 CC. FOUR YEARS after the marriage an action for annulment of the marriage must be com- menced on the ground that the consent was obtained by force. 83 CC. i8 CODE TIME TABLE. ANNULMENT OF HARRIAQE FOUR YEARS after the marriage an action that either party was physically incapable of entering into the marriage state must be begun. 83 CC. See Divorce. Answer In the Justices' Court FIVE DAYS after the service of summons, when the summons is served in the same city, an answer must be filed in the Justices' Court ; when the summons is served out of the city, but in the same county, the answer must be filed within TEN DAYS after such service ; and when the summons is served in another county, the answer must be filed in the Justices' Court within TWENTY DAYS after such service. 845 CCP. TWO DAYS after the service of an amended complaint, an answer or demurrer thereto must be filed in the Justices' Court. 860 CCP. In the Superior Court TEN DAYS after service of summons an an- swer must be filed, when the summons was CODE TIME TABLE. 19 ser\-ed within the same county ; and when the same is served elsewhere, the answer must be filed within thirty days after the service of the summons. 407 CCP. ANSWER TEN DAYS after the service of an amended complaint an answer thereto must be filed. 472 CCP. ONE YEAR after the rendition of the judg- ment an answer may be filed, when the sum- mons has not been served personally. 473 CCP. Appeal SIX MONTHS after the entry of a judgment an appeal must be taken therefrom, in case the judgment is a final one. 939 CCP. SIXTY DAYS after entry of an interlocutory judgment an appeal must be taken. 939 CCP. NINETY DAYS after the entry of the judg- ment rendered on appeal from an inferior Court, an appeal must be taken therefrom. 939 CCP. Time in which appeal must be taken In civil actions 20 CODK TIME TABLE. APPEAL SIXTY DAYS after the entry of an order, de- cree or judgment in probate proceedings, an appeal must be taken. 17 15 CCP.* In criminal cases THIRTY DAYS after notice of entry of a judgment in the Justices' and Police Courts, an appeal must be taken. 974 CCP. ONE YEAR after rendition of a judgment in a criminal case, an appeal must be taken. 1239 PC. SIXTY DAYS after an order denying a motion for a new trial in a criminal case, or after an order made subsequently to the judgment, an appeal must be taken. 1239 PC. THIRTY DAYS' notice of appeal must be given by publication in criminal cases where personal service cannot be made. 1241 PC. FIVE DAYS' notice of a motion to dismiss an appeal in criminal cases must be given. 1248 PC. * Repealed : — Commissioners' Amendment, 1901. CODE TIME TABLE. 21 TEN DAYS after the reuditiou of a judgment in the Justices' or Police Courts, a statement of the case must be filed when the appeal is taken on questions of law only. ' 975 CCP.* APPEAL Statement FORTY DAYS after the appeal is perfected and the bill of exceptions or statement settled, the transcript of record must be filed by the appellant. RSC II-i. Transcript THIRTY DAYS after the appeal is taken, the transcript of record in criminal cases must be filed. RSC 1 1-7. TWENTY DAYS' additional time may be al- lowed by the Court for the filing of the transcript. RSC II-3. THIRTY DAYS after the filing of the tran- griefs script on appeal, the appellant must file his brief. RSC II-4. THIRTY DAYS after service of appellant's brief, the respondent must file his brief. RSC 1 1-4. * Repealed : — Commissioners' Amendment, 1901. 22 CODE TIME TABLE. APPEAL TEN DAYS after service of respondent's brief, the appellant may file a reply brief. RSC II-4. TEN DAYS after filing the transcript in crim- inal cases, the appellant must file his brief. RSC II-4. TEN DAYS after service of appellant's brief, the Attorney- General must file his points and authorities. RSC II-4. Notice of motion and exceptions FIVE DAYS after service of the brief of the Attorney-General, the appellant in criminal cases may file a reply brief. RSC II-4. TWENTY DAYS' additional time may be given by the Court for the filing of briefs . RSC II-5. FIVE DAYS' notice of objections or exceptions to the transcript, statement, bond, under- taking on appeal, notice of appeal or its service, must be given to the adverse party. RSC XV. TEN DAYS before the hearing of a motion in the Supreme Court, notice thereof must be given to the adverse party. RSC XX- 1. CODE TIME TABLE. 23 FIVE DAYS are allowed within which the opposing attorney must join in the certificate that the transcript is correct, or serve upon the appellant a written statement of particu- lars in which the transcript is incorrect. RSC XI. TWO DAYS after presentation to the opposing party of a corrected transcript, he must join in the certificate that the transcript is correct. RSC XI. APPEAL Certificate that transcript is correct TEN DAYS before the clerk of the Supreme Court makes up the calendar, the application for hearing of a cause in Bank must be made , when such application is made before the ren- dition of the judgment. RSC XXVIII-T TWENTY DAYS after the rendition of the judgment, the application for hearing of a cause in Bank must be made. RSC XXVIII-i. NINETY DAYS after submission of the cause in the Supreme Court, the opinion of the Court must be filed. RSC XXX-3. See Bill of Exceptions, Notice, Undertaking. Petition for hearing cause in Bank Written opinion of the Court 24 CODE TIME TABLE, Appraisement See Administrator, Executor and Administrator. Appropriation TEN DAYS after the posting of notice of appropriation, the same must be recorded. 1415 cc. SIXTY DAYS after the posting of notice of appropriation, the claimant must commence the construction of the work. 1416 CC. Arbitration See Award. Arrest ONE DAY'S notice of an application for dis- charge must be given to the plaintiff. 1 1 45 CCP. TEN DAYS after the arrest in a civil action the prisoner may make an application for discharge. 1 150 CCP. CODE TIME TABLE. 25 THREE HOURS' postponement of a trial, ARREST upon the application of plaintiff, discharges the defendant from custody. 876 CCP. See Bail, Discharge, Undertaking. Assault ONE YEAR after the cause of action accrues,, an action for assault must be commenced. 340 CCP. Attachment TWENTY DAYS after the receipt of a writ of attachment the Sheriff must return the same, if the writ was not issued at the time of the issuing of the summons ; otherwise the writ must be returned by the Sheriff at the time of the return of the summons. 559 CCP. FIVE DAYS after the service of the summons an exception to the sufficiency of the sureties must be filed. 539 CCP. Sureties and justification 26 CODE TIME TABLE. ATTACHMENT TWO DAYS' notice of the justification of the sureties must be given to defendant. 539 CCP. See Exemption, Homestead, Steamer. Attorney See Conviction. Award FIVE DAYS after filing of the award it be- comes a judgment, and may be entered as such. 1286 CCP. FOUR DAYS' notice of an application for the entry of the award must be given. 1286 CCP. Bail Exoneration TEN DAYS after entry of the judgment, the bail may surrender the prisoner in their exoneration, 488, 489 CCP. CODE TIME TABLE. 27 TEN DAYvS after filing of the undertaking BAIL the notice of refusal to accept the bail must Justification be given to the Sheriflf. 492 CCP. FIVE DAYS' notice of the justification of the bail must be given. 493 CCP. See Surrender. Battery ONE YEAR after the cause of action arises an action for battery must be begun. 340 CCP. Bill of Exceptions TEN DAYS after the entry of the judgment when the action was tried with a jury, and after notice of entry of the judgment when the action was tried without a jury, the bill of exceptions must be filed. 650 CCP. TEN DAYS after the service of a bill of exceptions amendments thereto must be filed. 650 CCP. 28 CODE TIME TABLE. BILL OF TEN DAYS after receipt of the proposed EXCEPTIONS amendments the bill of exceptions, together with the proposed amendments, must be presented to the Judge or delivered to the clerk. 650 CCP. FIVE DAYS' notice of the presentation or delivery of the bill of exceptions must be given to the adverse party. 650 CCP. TEN DAYS after the rendition of the judg- ment in criminal cases the bill of exceptions must be presented to the Judge for settlement. 1171, 1174 PC. TWO DAYS' notice of the presentation of the bill of exceptions must be given to the District Attorney. 1 171 PC. Bill of Particulars FIVE DAYS after the demand for a bill of particulars the same must be delivered to the adverse party. 454 CCP. CODE TIME TABLE. 29 Bond THREE YEARS after the discharge or re- moval of the guardian, an action against the sureties on the bond given by the guardian must be commenced. 1805 CCP. Guardian SIX MONTHS is the limit of the validity of an undertaking to keep the peace. 706 PC. See Bail, Undertaking. Bond to keep peace Brief See Appeal. Calendar THIRTY DAYS before the commencement of a term in the Supreme Court, the clerk must place on the calendar all cases where a transcript and briefs are filed. RSC IV. See Appeal. 30 CODE TIME TABLE. Change of Names FOUR WEEKS a petition for change of name must be published. 1277 CCP. Citation FIVE DAYS before the return day a citation in probate proceedings must be served when no other time is prescribed. 1711 CCP. Claim and Delivery TWO DAYS after the service of a copy of an undertaking the defendant may except to the sufficiency of the sureties. 513 CCP. FIVE DAYS are allowed the defendant within which he may demand return of the property upon giving to the Sheriff the required undertaking. 514 CCP. TWO DAYS' notice at least must be given to the plaintiff of the time and place of the justification of sureties. 515 CCP. CODE TIME TABLE. 3 1 Ciaims — Preferred SIXTY DAYS' wages or salaries to the amount of one hundred dollars are preferred claims. 1204 CCP. TEN DAYS after the receipt of notice of such claim the debtor or creditor intending to dis- pute the claim must make a statement in writing. 1207 CCP.* See Steamer. Commissioner FIVE DAYS after notice that the report of a Court Commissioner has been filed, exceptions to the same must be taken. 259 CCP. THIRTY DAYS after the foreclosure sale of property, the Commissioner must file a report and account of the sale. 729 CCP. * FIVE DAYS after receipt of a copy of the statement coutaining the claim, the debtor or credi- tor intending to dispute the same must file a verified statement denying the validity of the claim. 1207 CCP. — Commissioners' Amendment, 1901. 32 CODE TIME TABLE. Commitment See Information. Compromise FIVE DAYS after receipt of an offer of de- fendant to compromise, the notice of accept- ance of the offer must be given to defendant. 997 CCP. Condemnation See Eminent Domain. Confirmation ONE YEAR before the sale of real property by the executor or administrator the appraise- ment thereof must have been made. 1550 CCP. TEN DAYS' notice of the hearing of the con- firmation of a sale of real property by the executor or administrator must be given. 1552 CCP. CODE TIMB TABLE. 33 Constable TWO YEARS after the cause of action arises, an action against a constable upon liability incurred in his ofl5cial capacity must be begun. 339 CCP. Contract FOUR YEARS is the limit of time within which an action upon a contract, obligation or liability founded upon an instrument in writing, executed in this State, must be brought. 337 CCP. TWO YEARS is the limit within which an action upon a contract, obligation or hability, not founded upon an instrument in writing, or founded upon an instrument in writing executed out of the State, must be commenced. 339 CCP. Conviction— of Attorney FIVE DAYS before the hearing, a copy of the 34 CONVICTIOiN OF ATTORNEY CODE TIME TABLE. accusation must be served upon the attorney. 292 CCP. THIRTY DAYS after the conviction of an attorney of a felony or a misdemeanor, involving moral turpitude, the clerk of the Court in which such conviction is had must transmit to the Supreme Court a certified copy of the record of conviction. 288 CCP. Coroner TWO YEARS after the cause of action arises an action must be commenced against a coroner upon a liability incurred by him in his official capacity. 339 CCP. Dissolution of corporation Corporation THIRTY DAYS at least the notice of an application for a dissolution of a corporation must be published. 1230 CCP. FIVE DAYS' notice of the hearing of an application for the dissolution of a corpora- CODE TIME TABLE. 35 tion must be given to all persons who filed objections. 1232 CCP. CORPORA- TION THREE YEARS after the discovery of the Limitation of facts, an action against the directors or stock- actions against holders of a corporation to recover a penalty corporation or forfeiture must be commenced. 359 CCP. SIX MONTHS after the sale of stock for delinquent assessments an action to recover the same must be commenced. 347 CC. TEN DAYS at least, after the issuance of the Criminal summons in a criminal case, are allowed the P'"<*ce ure agamst corporation to appear and answer the charge corporation upon the information or the presentment. 1390 PC. THIRTY DAYS before the death of the testator the will must be executed, to make good a devise to a charitable corporation. 1313CC. Devise to corporation 36 CODE TIMK TABLE. Costs FIVE DAYS after the rendition of the verdict or notice of decision, a memorandum of costs must be served upon the adverse party. 1033 CCP. FIVE DAYS after the notice of the filing of a bill of costs, the motion to have the costs taxed must be made. 1033 CCP. TWO DAYS after the costs are taxed the same must be inserted in the judgment. 1035 CCP. THIRTY DAYS after the remittitur is filed the memorandum of costs on appeal must be filed. 1034 CCP. THIRTY DAYS after the service of notice, that security for costs is required, the under- taking must be filed. 1037 CCP. Credit THREE YEARS' credit may be given by the guardian on a sale of real property. 1791 CCP. CODE TIME TABLE. 37 Creditors See Administrator, Executor and Administrator. Damages TWO YEARS after the death of a person caused by neglect or a wrongful act of an- other, an action to recover damages therefor must be commenced. ^ 339 CCP. THREE YEARS after the cause of action for injuring goods or chattels arises, an action for damages must be commenced. 338 CCP. See Limitations, Statute of. Death— Presumption of SEVEN YEARS' absence of a person without being heard from raises the presumption of his death. 1963 CCP. 38 CODE TIME TABLE. Decedent See Estate, Executor and Adminis- trator. Decree Limitation of actions upon a decree FIVE YEARS are allowed within which an action may be brought upon a judgment or decree. 336 CCP. Motion to set aside a decree TEN DAYS after notice of the rendition of a judgment or decree, a notice of the intention to make a motion to set aside the judgment or decree must be served upon the adverse party. 663^^ CCP. SIXTY DAYS after serving of such notice of intention, the motion to set aside a judgment or decree must be made, 663 >^ CCP.* * TWENTY DAYS after service of notice the motion to set aside a judgment or decree must be made. 663 CCP. TKN DAYS after the service of summons on a minor over the age of fourteen years, the Court may appoint a guardian ad litem, if the minor neglects within that time to appoint one. 1749 CCP. Inventory and accounts THREE MONTHS after liis appointment, the guardian must return to the Court an inventory of the property. 1773 CCP. ONE YEAR after his appointment the guardian must present to the Court the accounts for settlement. 1774 CCP.* THREE MONTHS after his appointment the guardian must render an account of the estate. 1754 CCP. Repealed :— Commissioners' Amendment, 1901. CODE TIME TABLE. 63 THIRTY DAYS after the guardiau becomes guilty of contempt of Court, for not rendering accounts according to the order of the Court, his letters must be revoked . 1801 CCP. GUARDIAN AND WARD TEN DAYS' notice of the application for removal of property must be given to the resident guardian. 1798 CCP. Removal of property THREE YEARS after the discharge or re- Actions moval of a guardian, an action against the guretfes on sureties on bond of the guardian must be bond of the commenced. 1805 CCP. guardian THREE YEARS after the termination of the guardianship, an action for the recovery of an estate sold by the guardian must be brought by the ward. 1806 CCP. 5alQ of real property FOURTEEN DAYS before the hearing of the petition of the guardian to sell real property, a copy of the order of the Court to show cause why the same should not be sold must be served upon the parties interested. 1783 CCP. 64 CODB TIMK TABLB. GUARDIAN AND WARD Discharge of guardian Ouardiansliip for incompetent persons THREE WEEKS the order of the Court made upon the petition of the guardian to sell real property, requiring all persons interested to appear and to show cause why the property should not be sold, must be published. 1783 CCP. THREE YEARS' credit may be given by the guardian to the purchaser of real property. 1791 CCP. ONE YEAR after the ward's majority a guardian may be discharged. 257 CC* FIVE DAYS' notice of the hearing of the application for guardianship must be given to the supposed incompetent person. 1763 CCP. See Executor and Administrator, Notice, Probate. Heirs ONE YEAR after the issuance of letters testa- mentary, the heirs or legatees may file a petition for final distribution of the estate. 1664 CCP. * Repealed :— Commissioners' Amendment, 1901. CODE TIME TABLE. 65 FOUR YEARS after the devisor's death, the will must have been proved to make good the conveyance of an heir. 1364 CC. See Executor and Administrator, Probate. HEIRS Homestead TWO DAYS' notice of the hearing of the Appraise- petition to appraise the value of a homestead execution on execution must be given to the claimant. 1248 CC* FIFTEEN DAYS after their appointment, the appraisers must make their report to the Court. 1252 CC. SIX MONTHS after the sale of a homestead, the money received therefrom by the claimant is entitled to the same protection from legal process which the law gives to the homestead itself. 1257 CC. Sale * TEN DAYS before the bearing a copy of the petition must be served on the claimant. 1248 CC— Commissioners' Amendment, 1901. 66 CODE TIME TABLE. Impeachment TEN DAYS before the hearing, the articles of impeachment must be served on the defendant. 740 PC. TEN DAYS before the hearing, notice thereof must be given to the officer accused of mis- conduct in office. 760 PC. Imprisonment TEN DAYS after the arrest, the person held in custody in a civil action may apply for his discharge, and such application may be made every succeeding TEN DAYS. 1 1 50 CCP. ONE DAY'S notice of the hearing of an application for discharge must be given to the plaintiff. 1 145 CCP. ONE WEEK'S payment for the support of the prisoner must be made in advance by the creditor. 1 154 CCP. CODE TIME TABLE. 67 Imprisonment — False ONE YEAR after the cause of action arises, an action for false imprisonment must be commenced. 340 CCP. Incompetent Person FIVE DAYS' notice of the hearing of a petition for guardianship must be given to the supposed incompetent person. 1763 CCP. Indictment THIRTY DAYS after a person has been held to answer for a public offense, an indictment must be found or information filed. 1382 PC. THIRTY DAYS after the finding of an indict- ment or filing of the information, the defendant must be brought to trial. 1382 PC. ONE DAY at least must be allowed the de- fendant, when he requires it, to answer to an indictment or information. 990 PC. 68 CODE TIME TABLE. INDICTMENT THREE YEARS after the commission of a felony, other than murder, an indictment must be found or information filed. 800 PC. ONE YEAR after the commission of a mis- demeanor, an indictment therefor must be found or information filed. 801 PC. Information THIRTY DAYS after the commitment the District Attorney must file the information. 809 PC. See Indictment. Injunction TWELVE MONTHS is the limit of time within which an injunction granted prior to the trial can continue in force. 527 CCP. FIVE DAYS after service of the injunction, the defendant may except to the sufficiency of sureties, and they have to justify upon CODE TIMK TABLE. 69 notice to the defendant of not less than INJUNCTION TWO nor more than FIVE DAYS. 529 CCP. Injuries TWO YEARS after the death of a person caused by neglect or wrongful act of another, an action to recover damages therefor must be commenced, 339 CCP. ONE YEAR after the cause of action for libel, slander, assault and battery, false imprison- ment or seduction arises, an action therefor must be commenced. 340 CCP. THREE YEARS after the cause of action for injury of goods or chattels arises, the action must be commenced. 338 CCP. See Damages. Inventory See Executor and Administrator, Guardian and Ward. 70 CODE TIME TABI,E. Entry Execution Judge See Disqualification of. Judgment TWENTY- FOUR HOURS after the rendition of a verdict, the judgment must be entered. 664 CCP.* SIX MONTHS after the rendition of a judg- ment the same must be entered. 581 CCP.* TWO DAYS after the costs are taxed and ascertained the same must be inserted in the judgment. 1035 CCP. FIVE YEARS after the entry of judgment the same must be enforced. 901 CCP. * According to the Commissioners' Amendment of 1901, there is no specified time of entry of a judg- ment if the trial has been had by the Court ; the clerk must enter such judgment immediately after filing of the decision. See Sec. 664 CCP.— Commissioners' Amendment, 1901. CODE TIME TABLE. 71 FIVE YEARS after the entry of a judgment an execution thereon must be issued. 681 CCP. JUDGMENT TWO DAYS at least after a verdict of guilty in a case of felon)-, the Court may pronounce judgment. 1191 PC. In criminal cases TWENTY DAYS after the rendition of judg- Application ment in the Supreme Court, an application .^ Bank may be made for hearing of the cause in Bank. RSC XXVII-i. NINETY DAYS after the submission of a cause in which the opinion is to be written, the opinion must be filed. RSC XXX-3. Written opinion of the Court TWO YEARS a judgment of the Justices' Court, when recorded, is a lien upon the real property of the defendant. 900 CCP. Judgment lien FIVE YEARS a docket judgment is a lien upon all the real property of the judgment debtor. 671 CCP. TWO YEARS is the limit of time within which a transcript of the original docket filed with the Recorder of another county, 72 JUDGMENT Relief from judgment Motion to vacate judgment CODE TIME TABLE. is a lien upon the real property of that county. 674 CCP.* TEN DAYS after the entry of the judgment in the Justices' Court, an application for re- lief therefrom, when the same was taken by default, must be made. 859 CCP. SIX MONTHS after judgment an application for relief from a judgment taken through mistake, inadvertence, surprise or excusable neglect, must be made. 473 CCP. TEN DAYS' notice of a motion to vacate or set aside a judgment must be given. 663>^ CCP. SIXTY DAYS after the service of notice of motion to vacate or set aside a judgment, such motion must be made. 663^ CCP.f See Appeal. * FIVE YEARS after entry a judgment is a lien upon the property of the judgment debtor in another county when a transcript of the judgment has been filed with the Recorder of that county. 674 CCP. — Commissioners' Amendment, 1901. t TWENTY DAYS after the service of notice the motion must be made. 663^ CCP. — Commissioners'Amendment, 1901. CODE TIME TABLE. 73 Jury THREE DAYS prior to the day set for hear- ing, the request for a trial by jury must be made in a case of contesting a will. 1312 CCP.^ Justification See Appeal, Attachment, Excep- tions, Sureties, Undertaking. Landlord and Tenant THREE DAYS' notice to perform the condi- Unlawful D^t 11 fi ^ t* tions of a lease must be given to a tenant, and, if the tenant does not perform the same within that period of time, he is liable for unlawful detainer. 1160, 1161 CCP. THIRTY DAYS after the entry of a judgment, by virtue of which a lease is declared for- feited, a tenant may make application for relief (restoration of the lease). 1 179 CCP. * Repealed: — Commissioners' Amendmeut, 1901. 74 CODE TIME TABI,E. LANDLORD AND TENANT FIVE DAYS after the entry of a judgment whereby an unlawful detainer is adjudged, before the expiration of the lease, on account of the non-payment of rent, the judgment ma j^ be issued. 1174 CCP. Time for which property may be let TEN YEARS is the limit of the power of an owner to let or grant land for agricultural purposes when rent or service of any kind is to be received. 717 CC* Notice to quit TWENTY YEARS is the limit of time for which the owner may let or grant any town or city lot, when by the terms of the lease or grant a rent or service of any kind is reserved. 718 cct ONE MONTH'S notice of the termination of a tenancy or other estate at will must be given to the tenant. 789 CC. * According to the Commissioners' Amendment of 1901, the limit of time is changed to THIRTY YEARS. t According to the Commissioners' Amendment of 1901, the limit of time is changed to FIFTY YEARS. CODE TIME TABLE. 75 THREE DAYS' notice of the re-entry must LANDLORD , . , ^u ■ u^ c , u ANDTENANT be given where the right of re-entry has Notice of accrued. 791 CC. re=entry FIFTEEN DAYS' notice of a change of the Notice of terms of a lease must be given to a tenant in f ^"^^ ° ° terms all leases or tenements from month to month. 827 CC. See Adverse Possession, Detainer. Legatees FOUR MONTHS after the issuance of letters testamentary, the legatees may file a petition for partial distribution. 1658 CCP. See Estate, Executor and Adminis- trator, Probate. Letters of Administration See Administrator, Executor and Administrator. Letters of Guardianship See Q-uardian and "Ward. 76 CODE TIME TABLE. Letters Testamentary See Executor and Administrator. Libel ONE YEAR after the cause of action for libel arises, an action must be begun. 340 CCP. Liens ONE YEAR from the time that a demand for services rendered, work, supplies, injury to propert}'- or person, or non-performance of an obligation arises, the same is a lien upon steamers, vessels and boats. 813 CCP. SIXTY DAYS' wages, earned immediately preceding the death of an employer, and not exceeding the sum of one hundred dollars, are a lien upon all the property of the deceased, and rank next after the funeral expenses. 1204, 1205 CCP. See Judgment, Mechanics' Liens. CODE TIME TABLE. 77 Limitations— Statute of FOUR YEARS after the cause of action arises, Contract an action upon a contract or obligation founded upon an instrument in writing, executed in this State, must be commenced. 337 CCP. TWO YKARS after the cause of action arises, an action upon a contract, obligation or liability, not founded upon an instrument in writing or founded upon an instrument in writing executed out of the State, must be begun. 339 CCP. SIX MONTHS after the sale, an action to Corporations recover stock sold for delinquent assessments must be commenced. " 347 CC. THREE YEARS after the discovery of facts constituting a cause of action, the action against the directors or stockholders of a corporation to recover a penalty or forfeiture, or to enforce a liability, must be com- menced. 359 CCP. 78 CODE TIME TABLE. LIMITATIONS THREE YEARS after the commission of a —STATUTE O felony, other than murder, an indictment must be found or information filed. cases 800 PC. ONE YEAR after the commission of a misde- meanor, an indictment therefor must be found or information filed. 801 PC. Divorce Escape Fraud TWO YEARS after the discovery of an act of adultery by the injured party, or the com- mission of the same, an action for divorce on the ground of adultery must be brought. 124 CC. TWO YEARS after the pardon or the termin- ation of the period of sentence, an action for divorce must be commenced, when the cause thereof is a conviction of felony. 124 CC. ONE YEAR after the cause of action arises, an action against a Sheriff or other ofiicer for the escape of a prisoner must be com- menced. 340 CCP. THREE YEARS after the cause of action arises, an action for relief on the ground of fraud or mistake must be commenced. 338 CCP. CODE TIME TABLE. 79 THREE YEARS after the cause of action LIMITATIONS ^ , , . J ^ . • —STATUTE OF arises, an action for taking, detaining or in- juring any goods or chattels, including actions for the specific recovery of personal property, must be commenced. ^38 CCP. FIVE YEARS after the entry of a judgment or decree, an action thereon must be brought. 336 CCP. Judgment ONE YEAR after the cause of action arises, an action upon a statute for a penalty or for- feiture must be begun. 340 CCP. Penalty TWO YEARS after the cause of action arises, an action for recovery of damages for one's death, caused by the negligence or wrong- ful act of another, must be brought. 339 CCP. Personal injuries ONE YEAR after the cause of action arises, an action for libel, slander, assault and bat- tery, false imprisonment, and seduction, must be commenced. 340 CCP. TEN YEARS after the right or title to any real property or the issue or profits thereof 8o CODE TIME TABLE. LIMITATIONS shall have accrued, the people of the State —STATUTE OP .„ r . , will not sue any person for or with respect to an}^ such property, issue or profits. 315 CCP. FIVE YEARS is the limit of time within which an action to recover real property must be brought. 317, 318 CCP. FIVE YEARS is the limit of time within which an action arising out of the title to real property must be brought. 317 CCP. ONE YEAR after making an entry upon real property, an action must be commenced thereupon in order to make such entry valid as a claim. 320 CCP. FIVE YEARS after the cause of action arises, an action for mesne profits on real property must be commenced. 336 CCP. Redemption FIVE YEARS after breach of condition of a o mortgage mortgage, an action to redeem the mortgage must be commenced. 346 CCP. CODE TIME TABLE. 8i SIX MONTHS after the death of a person, if LIMITATIONS the person dies before the expiration of the ""STATUTE OP time limited for the commencement of an tives^of " ^' action, the same may be brought by his representatives. 353 CCP. deceased persons ONE YEAR after the issuing of letters testa- mentary or of administration, an action may be commenced against the representatives of a decedent, if the person against whom an action may be brought dies before the expir- ation of the time limited for the commence- ment thereof. 353 CCP. ONE YEAR after the reversal of a judgment on appeal, a new action may be commenced by the plaintiff, or, if he die, by his representative. • 355 CCP. TWO YEARS after the cause of action against Sheriff a Sheriff, Coroner or Constable, upon liabilitv ^®»'oner , . » . , . ^ Constable mcurred m official capacity, arises, an action thereon must be brought. 339 CCP. TWO YEARS after the cause of action has State accrued, an action against the State on a 82 CODE TIME TABI,E. LIMITATIONS —STATUTE OF claim upon a contract or for negligence must be commenced. p. 868 App. CCP. Statutory liability THREE YEARS after the liability created 05- statute, other than a penalty or forfeiture, arises, an action must be commenced thereon. 338 CCP. Tax Collector SIX MONTHS is the limit of time within which an action against an officer or officers de facto, to recover property seized in the capacity as Tax Collector, must be commenced. 341 CCP. Time to commence actions, generally FOUR YEARS after the cause of action arises, all actions for relief not provided for by the code must be commenced. 343 CCP. Trespass THREE YEARS after the cause of action arises, an action for trespass upon real property must be commenced. 338 CCP. See Alien, Annulment of Marriage, Divorce, Indictment, Probate. CODE TIME TABLE. 83 Mandamus TEN DAYS' notice of the application for a writ of mandamus must be given. 1088 CCP. Marriage See Annulment, Divorce, Limita- tions — Statute of. Married Woman See Sole Trader. Master and Servant TWO YEARS is the limit of time for which a contract of apprenticeship can be enforced against an employer. 1980 CC. Mechanics' Liens SIXTY DAYS after the filing of a notice of completion, the original contractor must file his claim with the Recorder. 1 187 CCP. 84 CODE TIME TABLE. MECHANICS' THIRTY DAYS after the original contractor LIENS has filed his claim, any other person may file his claim with the Recorder, and such filing must take place in no case later than NINETY DAYS after the completion of the building. 1187 CCP. NINKTY DAYS after a claim has been filed the lien is in force, and in no case is a claim a lien upon the property for a longer time than TWO YEARS after the work is completed. 1 1 90 CC P . See Liens. Mining See Executor and Administrator. Minor See Q-uardian and "Ward. CODE TIME TABLE. 85 Mortgage THIRTY DAYS after the sale, the report of the Commissioner must be filed. 729 CCP. •■ FIVE YEARS after the breach of a condition of a mortgage, an action to redeem the mortgage must be brought. 346 CCP. Motion FIVE DAYS before the day of hearing, a notice of motion must be given if said notice is served in the same city and county ; if the notice is served elsewhere, the same must be given within TEN DAYS before the day of hearing ; when notice is served b)'- mail, then the number of days must be increased at least ONE DAY for every twenty-five (25) miles, not to exceed in all THIRTY DAYS. 1005 CCP. TEN DAYS after the notice of the rendition of a judgment or decree, the party intending to make a motion to set aside or vacate the same must give notice of his motion. 663>^ CCP. Notice of motion Motion to set aside judgment 86 CODE TIME TABLE. MOTION SIXTY DAYS after the service of notice of intention to make a motion to set aside or vacate judgment, said motion must be made. 663^ CCP.* Motion to tax costs FIVE DAYS after notice of the filing of a bill of costs, a party dissatisfied with the costs claimed may make a motion to have the same taxed, 1033 CCP. Notice of motion in the Supreme Court TEN DAYS' notice of motion must be given in the Supreme Court. RSC XX- 1. See New Trial. Name — Change of FOUR WEEKS a petition for change of name must be published. 1277 CCP. * TWENTY DAYS after service of notice thereof the motion must be made. 663a. — Commissioners' Amendment, 1901. CODE TIME TABI,E. 87 Negligence TWO YEARS after the cause of action arises, an action to recover damages for the death of a person caused by the wrongful act or neghgence of another must be commenced. 339 CCP. New Trial TEN DAYS after the verdict of a jury, when the case is tried with a jury, the notice of intention to move for a new trial must be given to the opposing party ; and when the case was tried without a jury, said notice must be given within TEN DAYS after the decision. 659 CCP. TEN DAYS after the service of notice of motion, the affidavits on the motion for a new trial, when the motion is based upon affidavits, must be served on the opposing party. 659 CCP. TEN DAYS after the receipt of the affidavits upon which the motion for a new trial is based, counter-affidavits must be served and filed. 659 CCP. 88 CODE TIME TABI,E. NEW TRIAL TEN DAYS after the notice of intention to Statement move for a new trial, a draft of the statement must be prepared by the moving party. 659 CCP. TEN DAYS after the service of the statement upon the adverse party, proposed amend- ments must be served upon the moving party. 659 CCP. TEN DAYS after the receipt of the amend- ments, the statement, together with the amendments, must be presented to the Judge or be delivered to the clerk upon FIVE DAYS' notice to the adverse party. 659 CCP. Notice Appeal SIX MONTHS after the entry of the final judgment, notice of appeal must be given. 939 CCP. NINETY DAYS after the entry of the judg- ment in the inferior Court, notice of appeal must be given. 939 CCP. CODE TIME TABLE. 89 SIXTY DAYS after the entry of au order or interlocutory judgment, notice of appeal must be given. 939 CCP. NOTICE THIRTY DAYS' notice of appeal must be published in criminal actions when personal notice cannot be made. 1241 PC. FIVE DAYS' notice of a motion to dismiss the appeal must be given in criminal actions, 1248 PC. FOUR DAYS prior to the application for the entry of an award as judgment, notice thereof must be given, 1286 CCP. Award FIVE DAYS' notice of the surrender of the defendant must be given to the District Attorney for the purpose of exonerating the bail. 1300, 1302 PC. Bail FIVE DAYS after service of the proposed amendments, notice of the presentment of the bill of exceptions or statement for settle- ment must be given. 650, 659 CCP. Bill of exceptions 90 CODE TIME TABI,E. NOTICE Compromise Creditors FIVE DAYS' notice of the acceptance of an oflfer to compromise must be given. 997 CCP. FOUR WEEKS' notice by publication must be given by the executor and administrator to all persons to exhibit their claims, and the time therefor must be TEN MONTHS after the first publication when the estate exceeds the value of $10,000, and FOUR MONTHS when the estate does not exceed the value of $10,000. 1491 CCP. Deposition FIVE DAYS' notice of the taking of a deposi- tion of a witness out of the State must be given to the adverse party. 2024 CCP. Discharge ONE DAY before the hearing of an applica- tion for discharge from arrest, notice of the application must be given to the plaintiff. 1 145 CCP. Dissolution FIVE DAYS' notice of the hearing of an ap- plication for the dissolution of a savings or loan association must be given to the claim- ants having demands against such corpora- tion. 1234 CCP. CODE TIME TABI,E. 9I sureties THIRTY DAYS after the filing of an under- NOTICE taking on appeal, notice of exception to the Exception to sureties must be given. 948 CCP. TWENTY DAYS after the notice of exception to the sureties on appeal, the appellant must give notice of the place and time of justifica- tion. 948 CCP. FIVK DAYS after service of summons, the notice of exception to the sufficiency of sureties on attachment must be given. 539 CCP. TWO DAYS at least before the hearing, the plaintiff" must give notice to defendant of time and place of the justification of sureties on attachment. 539 CCP. TEN DAYS after the fihng of an undertaking in the case of arrest of the defendant, plain- tifi" must give notice of his refusal to accept the bail. 492 CCP. FIVE DAYS after receipt of notice refusing to accept bail, the Sheriff must give notice to 92 NOTICE CODE TIME TABLE. the plaintiff of the justification of the sure- ties ; and said justification must take place in not less than FIVE DAYS nor more than TEN DAYS thereafter. 492 CCP. TWO DAYS after the service of an undertak- ing, notice of exception to the sureties in an action for claim and delivery must be given, 513 CCP. FIVE DAYS after service of an injunction, notice of exception to sureties on injunction must be given to the plaintiff; and the sureties must justify within not less than TWO nor more than FIVE DAYS thereafter. 529 CCP. TEN DAYS after the service of summons, notice of exception to sureties in an action for libel and slander must be given, and the sureties must justify within not less than FIVE DAYS nor more than TEN DAYS thereafter. p. 862 App. CCP. Execution FIVE DAYS' notice of the sale of personal property on execution must be posted. 692 CCP. CODE TIME TABLE. 93 TWENTY DAYS' notice of the sale of real NOTICE property on execution must be posted. 692 CCP. TEN DAYS' notice of the sale of a steamer on execution must be published. 824 CCP. TEN DAYS' notice of a hearing of a petition Executor and for letters of administration must be given . by posting said notice in at least three public places. 1373 CCP. TEN DAYS' notice of the sale of personal property by the executor and administrator must be given. 1526 CCP. ONE WEEK at least notice of sale of real propertj'- by the executor and administrator must be published. 1549 CCP. TEN DAYS' notice of the hearing of an article Impeach- of impeachment must be given to the ™*"t defendant. 740 PC. FIVE DAYS' notice of the hearing of an Incompetent application to declare a person incompetent P®""***" 94 NOTICE CODE TIME TABLE. must be given to the supposed incompetent person. 1763 CCP. Motion FIVE DAYS before the hearing, a notice of motion must be given in the same city and county ; if the service of said notice is made elsewhere, the notice must be given within TEN DAYS before the hearing ; and when the notice is served by mail, then the num- ber of days must be increased ONE DAY for every twenty-five miles, not to exceed in all THIRTY DAYS. 1005 CCP. Probate of will Sole trader Transfer of cause TEN DAYS before the hearing in the Supreme Court notice of motion must be given. RSC XX- 1. TEN DAYS' notice of the hearing of the pro- bate of a will must be given. 1303. 1304 CCP. FOUR WEEKS' notice of the intention of a married woman to become a sole trader must be published. 18 12 CCP. ONE DAY'S notice of a transfer of a cause in the Justices' Court must be given. 836 CCP. CODE TIME TABLE. 95 TEN DAYS' notice of the filing of the settle- NOTICE ment of an account by the trustee of the Trustee estate must be given. 1699 CCP. See Appeal, Executor and Admin- istrator, Landlord and Tenant, Probate. Nuncupative Will See Probate. Offer of Compromise. FIVE DAYS after offer of a compromise the same must be accepted, if at all. 997 CCP. Order. SIXTY DAYS after entry of an order, an ap- peal must be taken. 939 CCP. Particulars— Bill of FIVE DAYS after demand, a bill of particulars must be delivered to the adverse party. 454 CCP. 96 CODE TIME TABLE. Partial Distribution FOUR MONTHS after the issuing of letters testamentary, legatees may file petition for partial distribution. 1658 CCP. Partition SIXTY DAYS after making the order to sell, the tenants in common have the prior right to purchase the propert}^ at the appraised valuation. 763 CCP. Peace — Bond to Keep the See Bond, Undertaking. Penalty ONE YEAR is allowed to bring an action for a statute penalty. 340 CCP. THREE YEARS are allowed to bring an action upon statute liability other than a penalty. 338 CCP. CODE TIME TABLE. 97 THREE YEARS after the discovery of the PENALTY facts, an action may be brought against directors or stockholders of a corporation to recover a penalty. 359 CCP. Pleadings THIRTY DAYS' more time to plead may be given to the party without the consent of the adverse party. i054 CCP. See Answer, Appeal. Police Court THIRTY DAYS after rendition of a judgment in a Police Court, an appeal must be taken. 974 CCP. Possession See Adverse Possession. Postponement FOUR MONTHS' postponement of a trial may be granted in the Justices' Court on application. 876 CCP. 98 CODE TIME TABLE. POSTPONE- TWENTY DAYS is the limit of the power MENT of the Court to continue a trial for the determination of a contested election. II2I CCP. THREE HOURS' postponement of a trial, upon application of the plaintiff, discharges the defendant from custody. 876 CCP. Preferred Claims SIXTY DAYS' earnings of employees imme- diately preceding the death of the employer, not exceeding the amount of one hundred dollars, are preferred claims. 1204, 1205 CCP. Prescription See Adverse Possession, Limita- tions — Statute of. Presumption THIRTY- YEARS' old document is presumed to be genuine, having been so considered by the parties interested. 1963 CCP. CODE TIME TABLE. 99 vSEVEN YEARS' absence of a person, with- PRESUMP- out his having been heard from, raises the presumption of his death. 1963 CCP. FIVE YEARS' use by the public of land for a burial ground creates the presumption that this ground was intended by the owner to be dedicated to the public. 1963 CCP. Prisoner ONE YEAR is allowed within which to bring an action against a Sheriff or other ofiScer for the escape of a prisoner. 340 CCP. ONE WEEK'S pay for the support of the prisoner must always be made in advance by the creditor. ii54 CCP. Probate THIRTY DAYS after the death of the testator, Petition for the custodian of a will must deliver the same Probate of win to the Court or to the executor. 1298 CCP. lOO CODE TIME TABLE. PROBATE THIRTY DAYS after notice of the death of the testator, the executor named in the will must file a petition for probate of the will and for letters testamentary. 1301 CCP. TEN DAYS at least after filing of a petition for probate, and no more than THIRTY DAYS thereafter, the petition must be heard ; notice of the hearing must be published at least TEN DAYS. 1303, 1304 CCP. Nuncupative wills TEN DAYS after the death of the testator, a petition for probate of a nuncupative will must be filed. i345 CCP. Contest ONE YEAR after the probate the validity of a will must be contested. 1327 CCP. ONE YEAR after the removal of their respective disabilities, infants and persons of unsound mind must contest the probate of a will. 1333 CCP. TEN DAYS are allowed the contestant within which to amend the petition when the CODE TIME TABLE. lOI demurrer thereto was sustained by the PROBATE Court. 1312CCP. THRKE DAYS prior to the hearing of the contest, when the probate was granted with- out a contest, the demand for a jury must be filed. 1330 CCP. Public Administrator SIX MONTHS is the limit of time within which the Public Administrator must make return of all the estates of the decedent. 1736 CCP. See Administrator. Publication See Claims, Corporation, Execu- tion, Executor and Administrator, Guardian and "Ward, Summons. I02 CODE TIME TABI^E. Real Property Time in which to commence actions TEN YEARS after the title has accrued or the rents or profits of real property have last been received, an action to recover real property must be brought by the people. 315 CCP. FIVE YEARS after letters patent or grants are declared void, an action to recover real property must be commenced. 317 CCP. FIVE YEARS are allowed within which to commence actions for the recovery of real property, or mesne profits, and to bring other actions arising out of the title of real property. 318, 319, 336 CCP. THREE YEARS are allowed within which to bring actions for trespass upon real property. 338 CCP. ONE YEAR after entry, and FIVE YEARS after the right of entry accrued, an action must be brought thereupon, otherwise the entry is void. 320 CCP. CODE TIME TABLE. 103 FIVE DAYS after demand, real property must be surrendered by one who unlawfully en- tered ; and, if he does not surrender, he is guilty of forcible detainer. 1160 CCP. REAL PROPERTY Forcible detainer FIVE YEARS after recording, a judgment is a lien upon the real property of the judg- ment debtor situated in the same county. 671 CCP. Lien TWO YEARS after filing of the transcript of the original docket with the Recorder of another county, a judgment is a lien upon the real property of the judgment debtor in that county. 674 CCP.* See Adverse Possession, Detainer, Execution, Executor and Administra- tor, Guardian and Ward, Redemption. * FIVE YEARS after entry, a judgirent is a lien upon the property of the judgment debtor in another county when a transcript of the docket was filed with the Recorder of that county. 674 CCP. — Commissioners' Amendment, 1901. I04 CODE TIME TABLE. Redemption Sale on execution TWELVE MONTHS after the sale of real property on execution, the same may be re- deemed by the judgment debtor. 702 CCP. SIXTY DAYS after the first redemption, the next redemptioner may redeem the real property. 703 CCP. ONE MONTH after demand, a written state- ment of the rents and profits must be given to the redemptioner. 707 CCP. Mortgage FIVE YEARS after breach of condition of a mortgage, an action may be brought to redeem the mortgage. 346 CCP. Referee TWENTY DAYS after the testimony is closed, the referee must report the findings. 643 CCP. CODE TIME TABLE. 105 Rejection See Executor and Administrator. Relief TEN DAYS after entry of a judgment by de- fault in the Justices' Court, an application for relief must be brought. 859 CCP. Default in the Justices' Court THREE YEARS after discovery of the facts constituting fraud or mistake, an action for relief must be brought. 338 CCP. Fraud SIX MONTHS after the rendition of the judg- ment by default, an application for relief may be made. 473 CCP. Default in Superior Court THIRTY DAYS after forfeiture of the lease by judgment of the Court, a tenant may make application for relief and restoration of the lease. 1179 CCP. Forfeiture of lease FOUR YEARS are allowed within which to commence action for relief not provided for by the Code. 343 CCP. Relief— generally io6 CODE TIME TABI,E. Return Attachment Summons Writ o* execution TWENTY DAYS after receipt of a writ of attachment, the Sheriff must return the writ. 559 CCP. TWELVE DAYS after the issuing of summons in actions for forcible entry and unlawful detainer, the summons must be returned. 1166 CCP.* TEN DAYS at least, and no more than SIXTY DAYS, after receipt of a writ of execution, the same must be returned by the Sherifif. 683 CCP. Rules SIXTY DAYS after their publication, Rules of the Supreme Court take effect. 130 CCP. THIRTY DAYS after publication. Rules of the Superior Court take effect. 130 CCP. * According to the Commissioners' Amendment of 1901, there is no specific time for the return of the summons. CODE TIME TABLE. 107 Search=Warrant TEN DAYS after the date of issuing of a search-warrant, the same must be executed and returned. 1534 PC. Settlement ONE YEAR after granting letters testa- mentary, the estate of a decedent, in case the same is insolvent, must be settled. 1466 CCP. TEN DAYS prior to the day of settlement of the final account of an executor or adminis- trator, notice thereof must be given by post- ing or publication. 1634 CCP. ONE YEAR after his appointment, a guardian must present the accounts for settlement and allowance. 1774 CCP.* TEN DAYS' notice must be given of the hear- ing of the petition of a trustee to settle the account. 1699 CCP. See Executor and Administrator, Guardian and Ward. Accounts of executor and adniinistra> tor Accounts of guardian Accounts of trustee * Repealed: — Commissioners' Ameudmeut, 1901. I08 CODE TIME TABLE. Sheriff See Attachment, Claim and De- livery, Escheated Estates, Execution, Limitations — Statute of, Prisoner, Re- turn, Summons, Slander ONE YEAR is allowed within which to com- mence an action for slander. 340 CCP. Sole Trader SIX MONTHS' residence prior to the applica- tion of a married woman to become a sole trader is required. 181 1 CCP. State TWO YEARS after a cause of action has accrued, an action against the State on claims upon contracts or for negligence must be brought. Page 868 App. CCP. CODB TIME TABLE. 109 Statement See Elections — Contesting, New Trial. Steamer ONE YEAR after the cause of action accrues, demands for services rendered, work, sup- plies, injury to property or person, non-per- formance of obligations, constitute liens on steamers. 813 CCP. FIVE DAYS after the filing of the claims of mariners for wages due, the same are con- sidered admitted and have to be paid from the proceeds of the sale of a steamer on exe- cution. 826 CCP. TEN DAYS' NOTICE of the sale of a steamer must be published. 824 CCP. Summary Proceedings See Detainer, Forcible Entry. no CODE TIME TABLE. Summons ONE YEAR after filing of the complaint sum- mons must issue. 581, 840 CCF. ONE YEAR after the filing of a complaint alias summons may be issued. 408*, 847 CCP. ONE YEAR after filing of a complaint the de- fendant may waive the issuance of summons. 406 CCP. THREE YEARS after the summons is issued the same must be served upon the defend- ant. 581 CCP. TWO MONTHS the summons must be pub- lished when the defendant resides out of the State. 413 CCP. FIVE DAYS before the day fixed for appear- ance, the summons in criminal actions must be served upon the corporation defendant. 1392 PC. * According to the Commissioiers' Amendment of 1901, there is no specified time for the issuance of alias summons in the Superior Court. CODE TIME TABLE. HI Sureties sureties TWO DAYS' notice of exception to sureties in Exception to actions of claim and delivery must be given to the plaintiff. 513 CCP. THIRTY DAYS after filing of notice of an undertaking, exceptions to the sufficiency of sureties on appeal may be taken. 948 CCP. FIVE DAYS after filing of an undertaking on appeal from the judgment in the Justices' Court, exceptions to the sureties on appeal must be taken, and the sureties must justify within FIVE DAYS thereafter. 978 CCP. TWENTY DAYS after notice of exception to the sureties on appeal, in all cases not espec- ially provided for, the sureties must justify upon FIVE DAYS' notice to the respondent. 948 CCP. FIVE DAYS after service of summons, the de- fendant may except to the sufiiciency of sureties on attachment. 539 CCP. 112 CODE TIME TABLE. SURETIES FIVE DAYS after service of an injunction, the defendant may except to the sufficiency of sureties. 529 CCP. TEN DAYS after service of summons in an action for libel and slander, notice of excep- tion to sureties must be given. p. 862, App. CCP. Judgment against sureties FIVE DAYS' notice of the entry of a judg- ment against the sureties must be given in case that the action is brought against a Sheriff. 1055 CCP. Surrender TEN DAYS after judgment, and at any time before the judgment, the bail may surrender the defendant. 488, 489 CCP. FIVE DAYS' notice of the surrender of the defendant must be given to the District Attorney for the purpose of exonerating the bail. 1300. 1302 PC. CODE TIME TABLE. 113 Testimony FIVE DAYS' notice of the taking of a deposi- tion of a witness residing out of the State must be given to the adverse party. 2024 CCP. Transcript FORTY DAYS after the appeal is perfected and the bill of exceptions or statement settled, the transcript of record must be filed. RSC II-i. In civil cases TWENTY DAYS' additional time to file a transcript of appeal may be granted by the Court. RSC II-3. THIRTY DAYS after the appeal is taken, a transcript in a criminal case must be filed. RSC II-7. In criminal cases FIVE DAYS are allowed the opposing attor- ney to join in a certificate that the transcript is correct or to serve a statement of the parts in which the transcript is incorrect. RSC XI. Certificate 114 CODE TIME TABIDS. TRANSCRIPT TWO DAYS after the presentation of a corrected transcript, the opposing attorney must join in a certificate that the transcript is correct. RSC XI. Objections FIVE DAYS' notice of exceptions or objec- to transcript ^.^^^ ^^ ^ transcript must be given to the adverse party. RSC XV. Transfer ONE DAY before the time fixed for trial, the notice of transfer of a cause in the Justices' Court must be given. 836 CCP. Trial TWENTY DAYS' continuance of a trial of a case of contesting elections may be ordered by the Court. 1 121 CCP. FOUR MONTHS a trial may be postponed in the Justices' Court. 876 CCP. CODE TIME TABLE. II5 Trustee TEN DAYS' notice of the hearing of a petition of a trustee to settle accounts must be given by posting. 1699 CCP. Undertaking FIVE DAYS after service of notice of appeal, On appeal the undertaking on appeal must be filed. 940 CCP. THIRTY DAYS after filing the undertaking on appeal, exceptions may be made to the suflSciency of the sureties. 948 CCP. TEN DAYS after filing the undertaking of a bail, the plaintifi" may refuse to accept the same. 492 CCP. FIVE DAYS after filing the undertaking on appeal, the adverse party may except to the sufficiency of the sureties in the Justices' and Police Courts, and sureties must justify within FIVE DAYS thereafter. 978 CCP. ii6 CODE TIME TABI.E. UNDERTAKINQ TWENTY DAYS after notice of exception to sureties on appeal, they must justify upon FIVE DAYS' notice to the respondent. 948 CCP. In actions for libel or slander FIVE DAYS after filing of a complaint for libel or slander, the undertaking must be filed. p. 863 App. CCP. TEN DAYS after service of summons in actions for libel or slander, notice of exception to sureties must be given ; and they must justify within not less than FIVE DAYS nor more than TEN DAYS thereafter. p. 862 App. CCP. To keep peace SIX MONTHS is the limit of the validity of an undertaking to keep the peace. 706 PC. See Attachment, Exception to Sureties, Injunction. Unlawful Detainer See Detainer. CODE TIME TABLE. 1 17 Will THIRTY DAYS after the death of the testator, the custodian of a will must deliver the same to the Court or to the executor. 1298 CCP. THIRTY DAYS after receipt of knowledge of the death of the testator, an executor must file the will for probate and for issuance of letters testamentary. 1301 CCP. ONE YEAR after probate, the validity of a will may be contested. 1327 CCP. THREE DAYS before the hearing, the de- mand for a trial by jury in a case of contesting a will must be filed. 1330 CCP. See Probate. Writing — Instrument in Writing TEN DAYS after receipt of a copy of the answer, the plaintiff" may file an affidavit de- nying the genuineness of the instrument in writing ; if he fails to do so the due execu- tion and genuineness of the same is deemed admitted. 448 CCP. INDEX Code Time Table INDEX. PACK Account 5 Action, see Limitations, Statute of. Adjournment 6 Administrator 7 Adverse Possession . I4 Affidavit 15 Alias Summons i6 Alien i6 Amended Pleadings i6 Amendments, see Bill of Exceptions Annulment — of Marriage 17 Answer i8 Appeal 19 Appraisement, see Administrator, Executor and Administrator Appropriation 24 Arbitration, see Award Arrest 24 Assault. 25 Attachment < 25 Attorney, see Conviction Award 26 Bail 26 Battery 27 Bill of Exceptions 27 Bill of Particulars 28 Bond. ; 29 Brief, see Appeal Calendar 29 Change of Names 3° Citation 3° INDEX CODE TIME TABI,E. 121 PAGE. Claim and Delivery 3° Claims — Preferred 3^ Commissioner 3^ Commitment, see Information Compromise 3^ Condemnation, see Eminent Domain Confirmation 32 Constable 33 Contract 33 Conviction — of Attorney 33 Coroner 34 Corporation 34 Costs 36 Credit 36 Creditors, see Administrator, Executor and Administrator Damages 37 Death — Presumption of 37 Decedent, see Estate, Executor and Administrator Decree 3^ Default 39 Demurrer 39 Depositary for Hire 40 Deposition 4o Detainer 4^ Detainer — Unlawful 4i Directors 43 Discharge 43 Dismissal 44 Disqualification 44 Dissolution 45 Distribution 45 Divorce 45 Docket, see Judgment Document 47 122 INDEX CODS TIME TABLE. PAGE. Elections — Contesting 47 Eminent Domain 48 Entry, see Forcible Entry, Judgment Entry — upon Real Property 48 Escape 48 Escheat 49 Estates of Deceased Persons 49 Examination 51 Exception, see Sureties Execution 51 Executor and Administrator 52 Exemption 59 False Imprisonment 59 Final Account, see Executor and Administrator, Settlement Final Distribution, see Distribution Forcible Entry 60 Foreclosure, see Mortgage, Redemption Forfeiture 61 Fraud 61 Genuineness 61 Guardian and Ward 62 Heirs 64 Homestead 65 Impeachment 66 Imprisonment 66 Imprisonment — False 67 Incompetent Person 67 Indictment 67 Information 68 Injunction 68 Injuries 69 Inventory, see Executor and Administrator, Guardian and Ward. . INDEX CODE TIME TABI,E. 1 23 PAGB. Judge, see Disqualification of Judgment 70 Jury 73 Justification, see Appeal, Attachment, Exceptions, Sureties, Un- dertaking Landlord and Tenant 73 Legatees 75 Letters of Administration, see Administrator, Executor and Ad- ministrator Letters of Guardianship, see Guardian and Ward Letters Testamentary, see Executor and Administrator Libel 76 Liens 76 Limitations — Statute of 77 Mandamus 83 Marriage, see Annulment, Divorce, Limitations — Statute of Married Woman, see Sole Trader Master and Servant 83 Mechanics' Liens 83 Mining, see Executor and Administrator Minor, see Guardian and Ward Mortgage 85 Motion 85 Name — Change of 86 Negligence 87 New Trial 87 Notice 88 Nuncupative Will, see Probate Offer of Compromise 95 Order 95 124 INDEX CODB TIMK TABLE. Particulars— Bill of 95 Partial Distribution 9^ Partition 9^ Peace— Bond to Keep the, see Bond, Undertaking Penalty 9^ Pleadings 97 Police Court 97 Possession, see Adverse Possession Postponement 97 Preferred Claims 9^ Prescription, see Adverse Possession, I,imitations— Statute of. Presumption 9° Prisoner 99 Probate 99 Public Administrator lo^ Publication, see Claims, Corporation. Execution, Executor and Administrator, Guardian and Ward, Summons Real Property ^°2 Redemption ^°4 Referee ^°4 Rejection, see Executor and Administrator Relief ^°5 Return ^°6 Rules ^°^ Search-warrant ^°7 Settlement 107 Sheriff, see Attachment, Claim and Delivery, Escheated Estates, Execution, Limitations— Statute of, Prisoner, Return, Summons. Slander ^°^ Sole Trader ^°S State 108 Statement, see Elections— Contesting, New Trial Steamer ^°9 Summary Proceedings, see Detainer, Forcible Entry Summons ^^° INDEX CODE TIME TABLE. 1 25 PAGE. Sureties m Surrender 112 Testimony 113 Transcript 113 Transfer 1 14 Trial "4 Trustee ii5 Undertaking 115 Unlawful Detainer, see Detainer Will 117 Writing — Instrument in Writing 117 tj t/ J AA 000 770 648 4 > J; .S^^^^^^J