5. INFORMATION-FILING OF.-A district attorney is authorized to proceed against a 6. APPEAL FROM ORDER SUSTAINING A DEMURRER TO AN INDICTMENT.-An appeal lies 7. ERRONEOUS REFERENCE IN STATUTE.-Subd. 2 of sec. 192 of the criminal practice 8. A DEMURRER TO AN INDICTMENT IS SUFFICIENT that states that the same does not 9. RESUBMISSION TO GRAND JURY, CONSTRUCTION OF SECTION AUTHORIZING Sec. 197 10. DISCHARGE OF PRISONER-RESUBMISSION TO GRAND JURY-APPEAL. - Neither an order refusing to discharge a prisoner, after an order sustaining his demurrer to the 12. BATTERY-JUDGMENT IMPOSING FINE, WITH SUBSTITUTIONAL IMPRISONMENT.-A judg- 13. THE SAME-DISCHARGE ON HABEAS CORPUS.-Such judgment is a unit, and if one 14. STAY OF EXECUTION PENDING APPEAL — CERTIFICATE OF PROBABLE CAUSE.-- 15. TIME FOR SENTENCE NO EXCEPTION IS ALLOWED BY STATUTE to the order of the 17. IMMATERIAL ERROR.-A judgment of conviction will not be reversed for an immate- 18. A WRIT OF ERROR TO REVIEW THE JUDGMENT of the District Court in criminal business hours, * and that all books and papers required to be in his office shall be open for the examination of any person," gives no right to a private individual to examine and abstract the entire records of a county for the sole purpose of securing future private emolument from the sale of abstracts thus obtained, and imposes no duty upon the clerk to allow such acts to be done. Bean, County Clerk, etc., v. People, etc. Col. 121. See PUBLIC OFFICERS. COUNTY COMMISSIONERS. See APPEAL AND WRIT OF ERROR, 7–11. COUNTY GOVERNMENT. 1. COUNTY GOVERNMENT ACT OF MARCH, 1883-VALIDITY OF.-The act of March, 1883 entitled "An act to establish a uniform system of county and township governments," is not in violation of that provision of the constitution requiring every act to embrace but one subject, which subject shall be embraced in its title. Longan v. Solano County. Cal. 493; Cruz v. County of Los Angeles. Cal. 760. 2. THE SAME.—The provisions of such act regulating the fees and salaries of the county officers, as classified therein, are not in violation of that provision of the constitution prohibiting the legislature from passing local or special laws affecting the fees or salary of any official. Id. 3. COURTS HAVE NO POWER TO DETERMINE INTO HOW MANY CLASSES the legislature shall divide the counties of the State for the purpose of carrying out the provisions of the constitution. Id. COUNTY SEAT, REMOVAL OF. See ELECTION, 1, 4, 6, 7. CRIMINAL LAW AND PRACTICE.-IN GENERAL. 1. COMMITMENT AND EXAMINATION BY JUSTICE OF PEACE.-Where a complaint is filed before a justice of the peace, charging a defendant with a felony, and he is thereupon arrested and taken before the magistrate issuing the warrant, by whom an order of commitment for examination is made, such defendant may be examined and committed by another justice of the peace of the same township, although no warrant for the defendant's arrest is issued by such latter magistrate, and it does not appear why the defendant was taken before a magistrate other than the one issuing the warrant. Ex parte Moan. Cal. 760. 2. THE SAME-ORDER FOR COMMITMENT-HABEAS CORPUS.-A defendant's commitment, under Section 872 of the Penal Code, is sufficient, when the justice by whom he was examined makes the following order: "It appearing to me that the offense of manslaughter has been committed, and that there is sufficient cause to believe the within-named defendant guilty thereof, I order that he be held to answer to the same, and that he be admitted to bail in the sum of two thousand five hundred dollars." If such commitment were not sufficient, the defendant would not be entitled to his discharge on habeas corpus, after his trial and conviction, when he failed to move to have the information set aside under which he was tried. Id. 3. FILING INFORMATION AFTER DISMISSAL OF CHARGE BY GRAND JURY.-The district attorney has authority to file an information against a defendant, within thirty days after his commitment, notwithstanding the grand jury had previously examined the case and dismissed the bill. Id. 4. FILING INFORMATION-CONFESSION OF DEMURRER.-After a plea of not guilty has been entered in a prosecution for murder, upon which the case is set for trial, the court may set aside an order overruling a demurrer to the information, and allow the counsel for the people to confess the demurrer and to file a new information; and an order entered allowing such confession of the demurrer, and directing a new information to be filed, is equivalent to an order allowing the demurrer. People v. Biggins. Cal. 887. AN INFORMATION WHICH SUBSTANTIALLY complies with the provisions of the Penas Code is sufficient on demurrer. Id. In 1864 a company was incorporated for the construction of a water ditch through the city of Denver. Such ditch was completed during the following year. Long prior to the incorporation of such company, and the construction of such ditch, certain streets intersected by it were laid out on the map of said city, which map was recorded in the proper office of the county records. At this time the title to the lands included in the city of Denver, as so mapped, was in the United States, and part of the public domain. In pursuance of the Act of Congress of May 28, 1864, such lands were entered by the Probate Judge as a town site, and a certificate of entry thereof was issued to him on May 6, 1865, and a patent for the same was issued on June 8, 1868. The city of Denver was incorporated in 1861, and authorized to exercise general control over the streets, alleys and highways within the city. Held, that the title of the city of Denver to the lands acquired by the entry of May 8, 1865, did not relate back to the date of the Act of May 28, 1864, authorizing such entry, as such last mentioned act was not in the nature of a grant, but simply a provision to enable the city to acquire title to land for a town site, if it should elect to avail itself of the provisions of the act; that the authority conferred by the Act of 1861, incorporating the city of Denver, in respect to controlling the streets of the city, cannot be extended to invalidate the acquisition thereafter by the ditch company of a right of way through the public domain, to which the city had not as yet acquired title, although streets had been previously laid out thereon. City of Denver v. Mullin. Col. 852. See EMINENT DOMAIN, 4. DEED. 1. CONGRESSIONAL GRANT.-A grant of public land may be made so as to vest an inde feasible and irrevocable title by an act of congress, as well as by a patent issued in pursuance of such act. Northern Pacific R. R. Co. v. Majors. Mont. 23. 2. ACT OF CONGRESS GRANTING LANDS TO THE NORTHERN PACIFIC RAILROAD Co.CONSTRUCTION OF.- Section 3 of the act of congress granting lands to aid in the construction of the Northern Pacific Railroad, approved July 2, 1864, operated as a conditional grant in præsenti of certain sections to be afterwards located. Such locations depended upon the route of the road, and until such route was designated in the manner prescribed by the act, the title of the company did not attach to any specific tracts. After such route was settled the location became certain, and the title of the company attached to the particular sections granted as of the date of the approval of the act, as fully as if such particular sections had been designated in such act. Id. 3. THE PROVISIONS OF SECTIONS 5, 6, 8, 9 AND 20 OF SUCH ACT, imposing certain conditions on the company, do not affect the creation or vesting of the estate granted by the act. They are simply conditions subsequent, which render the estate liable to be defeated for default on a breach in the performance of such conditions. Upon the breach of such conditions, congress alone has power to declare or take advantage of a forfeiture. Id. * * * 4. SECTION 4 OF SUCH ACT, PROVIDING THAT WHEN "SUCH COMPANY shall have twenty-five consecutive miles of any portion of said railroad completed, patents of deeds shall be issued to said company, confirming to said company the right and title to said lands," and "from time to time, whenever twenty-five additional consecutive miles shall have been constructed and completed, then patents shall be issued to said company, conveying the additional sections of land," does not limit or restrict the estate granted by section 3 of such act. The effect of the patent issued in pursuance of such section is simply to confirm the title of the company as fast as certain portions of the road are completed, and render it absolute and unconditional. Id.. 5. A GRANT OF PUBLIC LAND BY ACT OF CONGRESS IS THE HIGHEST EVIDENCE OF TITLE. It imports livery of seisin and possession, and is sufficient to sustain ejectment. Id. 6. CONVEYANCE-CONSIDERATION FOR.-A conveyance under seal is prima facie evidence of a sufficient consideration, and a mere stranger to the land can not question it. West Portland Homestead Association v. Lownsdale (U. S. Dist. Ct.) Or. 166. 7. CASE IN JUDGMENT.-G. and C. were tenants in common of a tract of land which was surveyed and platted as Carter's addition to Portland, and then partitioned between tenants in common by mutual conveyances; the one to C. containing a small park for the purpose of equalizing the partition, described therein as block 67, and after wards changed by said survey so as to materially diminish said park; and at the 8. A RECITAL In a Deed that THE CONSIDERATION THEREFOR WAS PAID by the gran- 9. A FICTITIOUS GRANTEE RENDERS INOPERATIVE and void a conveyance purporting to See ESTOPPEL, 3: EVIDENCE, 9; FRAUD, 2; MORTGAGE, 1, 2; OREGON DONATION ACT. DEMURRER. 1. A DEMURRER MUST BE DIRECTED TO THE WHOLE OF A PLEADING, or to a particular 2. DEMURRER TO COMPLAINT OBJECTION TO OVERRULING, WHEN NOT WAIVED.—A DENVER TOWN SITE. 1. TITLE TO A LOT IN THE ORIGINAL TOWN SITE OF THE CITY OF DENVER, entered by 2 THE SAME VALIDITY OF DEED FROM PROBATE JUDGE-ATTACK ON.-The validity of See DEDICATION, 3. DEPOSITIONS. L DEPOSITION-ADMISSIBILITY OF, AT SUBSEQUENT TRIAL-A deposition taken pend DIRECTORS. See CORPORATIONS. In 1864 a company was incorporated for the construction of a water ditch through See EMINENT DOMAIN, 4. DEED. 1. CONGRESSIONAL GRANT.-A grant of public land may be made so as to vest an inde 2. ACT OF CONGRESS GRANTING LANDS TO THE NORTHERN PACIFIC RAILROAD Co.- 3. THE PROVISIONS OF SECTIONS 5, 6, 8, 9 AND 20 OF SUCH ACT, imposing certain con- # 棒 * 4. SECTION 4 OF SUCH ACT, PROVIDING THAT WHEN "SUCH COMPANY shall have 5. A GRANT OF PUBLIC LAND BY ACT OF CONGRESS IS THE HIGHEST EVIDENCE OF 6. CONVEYANCE-CONSIDERATION FOR. -A conveyance under seal is prima facie evidence |