business in this state. In estimating the condition of any such company, the commissioner shall allow as assets only such as are allowed under existing laws at the time, and shall charge as liabilities, in addition of eighty per cent of the capital stock, all outstanding indebtedness of the company, and a premium reserve equal to fifty per centum of the premiums charged by said company on all risks then in force. En. March 11, 1872, Rep. 1880, 111. En. 1889, 215.

Cal. Rep. Cit. 95, 599; 95, 600; 97, 355; 97, 357; 97, 359. Prac. Act, sec. 646. En. April 29, 1851. Am'd. 1857, 29; 1862, 567.

The act of March 12, 1885, Stats. 1885, p. 114, permitted a corporation to act as sole surety: See post, Appendix, title Bonds.

§ 1057. Undertakings mentioned in this code, requisites of. In any case where an undertaking or bond is authorized or required by any law of this state, the officer taking the same must, except in the case of such a corporation as is mentioned in the next preceding section, require the sureties to accompany it with an affidavit that they are each residents and householders, or freeholders, within the state, and are each worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking or bond exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than the amount specified in the undertaking or bond, if the whole amount be equivalent to that of two sufficient sureties. Any corporation such as is mentioned in the next preceding section, may become one of such sureties. No such corporation shall be accepted in any case as a surety whenever its liabilities shall exceed its assets as ascertained in the manner provided in section ten hundred and fifty-six. En. March 11, 1872. Am'd. 1889, 216.

Cal. Rep. Cit. 52, 448; 97, 355; 97, 356; 97, 358; 97, 359; 106, 46; 122, 208; 128, 669.

Prac. Act, sec. 513. En. April 29, 1851.

Prac. Act, sec. 567. En. April 29, 1851. Am'd. 1871-2, 190. Applied to guardians: Post, sec. 1809.

1058. People of state not required to give bonds when state is a party. In any civil action or proceeding wherein the state, or the people of the state, is a party plaintiff, or any state officer, in his official capacity, or in behalf of the state, or any county, city and county, city, or town, is a party plaintiff or defendant, no bond, written undertaking, or security can be required of the state, or the people thereof, or any officer thereof, or of any county, city and county, city, or town; but on complying with the other provisions of this code, the state, or the people thereof, or any state officer acting in his official capacity, have the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by this code. En. March 11, 1872. Am'd. 1880, 76. Cal. Rep. Cit. 60, 346; 60, 347; 78, 445; 111, 273; 116, 493; 120, 304; 130, 61; 137, 373; 137, 374; 141, 357.

Costs against state or county: Ante, secs. 1038, 1039.

§ 1059. Surety on appeal substituted to rights of judgment creditor. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to control, enforce, and satisfy such judgment in all respects as if he had recovered the same. En. Stats. 18734, 344.

Cal. Rep. Cit. 67, 243; 117, 6.

PART III.

OF SPECIAL PROCEEDINGS OF A CIVIL NATURE.

Preliminary Provisions, §§ 1063-1064.

Title I. Of Writs of Review, Mandate and Prohibition, §§ 1067-1110.

II.

Of Contesting Certain Elections, §§ 1111-1127.
III. Of Summary Proceedings, §§ 1132-1179.
Of the Enforcement of Liens, §§ 1180-1207.

IV.

V. Of Contempts, §§ 1209-1222.

VI. Of the Voluntary Dissolution of Corporations, §§ 1227-1234.

VIII.

VII. Of Eminent Domain, §§ 1237-1264.
Of Escheated Estates, §§ 1269-1272.
IX. Of Change of Name, §§ 1275-1279.

X. Of Arbitrations, §§ 1281-1290.

XI. Of Proceedings in Probate Courts, §§ 1294-1810. XII. Of Sole Traders, §§ 1811-1821.

XIII. Of Proceedings in Insolvency, § 1822.

PRELIMINARY PROVISIONS.

1063. Parties, how designated.

1064. Judgment and order same meaning as in civil actions.

§ 1063. Parties, how designated. The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant. En. March 11, 1872. Cal. Rep. Cit. 92, 248; 141, 98.

Plaintiff and defendant: Ante, sec. 808.

1064. Judgment and order same meaning as in civil actions. A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding. En. March 11, 1872.

Judgment, definition of: Ante, sec. 577.

Motion and order: Ante, sec. 1003.

TITLE I.

OF WRITS OF REVIEW, MANDATE AND PROHIBITION.

Chapter I. Writ of Review, § § 1067-1077.
II. Writ of Mandate, §§ 1084-1097.
Writ of Prohibition, § § 1102-1105.

III.

IV.

Writs of Review, Mandate, and Prohibition May Issue and be Heard at Chambers, § 1108. V. Rules of Practice and Appeals, § § 1109-1110.

CHAPTER L

WRIT OF REVIEW.

1067. Writ of review defined.

1068. When and by what courts granted.

1069. Application for, how made.

1070. The writ to be directed to the inferior tribunal, etc. 1071.

Contents of the

writ.

1072. Proceedings in inferior court may be stayed, or not.

1073.

1074.

Service of the writ.

The review under the writ, extent of.

1075. A defective return of the writ may be perfected. Hearing

and judgment.

1076. Copy of judgment must be sent to the inferior tribunal,

1077. Judgment-rolls.

§ 1067. Writ of review defined. The writ of certiorari may be denominated the writ of review. En. March 11, 1872. Am'd. 1873-4, 345.

Cal. Rep. Cit. 141, 617.

Prac. Act, sec. 455. En. April 29, 1851.

§ 1068. When and by what courts granted. A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy. En. March 11, 1872.

Cal. Rep. Cit. 53, 393; 53, 550; 54, 376; 54, 604; 58, 361; 59, 701; 60, 290; 65, 189; 71, 323; 74, 219; 84, 644; 96, 119; 97, 326; 101, 17; 108, 305; 109, 526; 110, 57; 113, 668; 120, 514; 124, 277; 127, 419; 131, 280; 138, 429; 140, 2; 140, 514; 141, 318; 141, 617; 144, 506; 145, 475.

Prac. Act, sec. 456. En. April 29, 1851.

Cal. Rep. Cit. 3, 249; 5, 478; 14, 496; 16, 213; 21, 169;

25, 96; 29, 635; 42, 254; 42, 255; 43, 26; 43, 367; 47, 605.

Certiorari, extent of review on: Post, sec. 1074.

Supreme court is always open for issuing this writ: Ante, sec. 47.

Court commissioners, power to hear and determine ex parte motions for writ: Ante, sec. 259.

Returnable-Writ may be made returnable at any time: Post, sec. 1108. See post, sec. 1070.

§ 1069. Application for, how made. The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice. En. March 11, 1872.

Cal. Rep. Cit. 53, 392; 71, 237; 87, 175; 131, 365; 136, 687; 144, 508.

Prac. Act, sec. 457. En. April 29, 1851.

Issuance: See supreme court rule 26.

§ 1070. The writ to be directed to the inferior tribunal, etc. The writ may be directed to the inferior tribunal, board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required. En. March 11, 1872.

Cal. Rep. Cit. 61, 627; 75, 372; 113, 671; 143, 172.
Prac. Act, sec. 458. En. April 29, 1851..

§ 1071. Contents of the writ. The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed. En. March 11, 1872.

Cal. Rep. Cit. 54, 322; 61, 55; 143, 172.

Prac. Act, sec. 459. En. April 29, 1851.

§ 1072. Proceedings in inferior court may be stayed, or not. If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion