You will please take notice, that all moneys, goods, credits, effects, debts due or owing, and all other personal property in your possession or udner your control, belonging to the defendant named in the writ, of which the annexed is a copy (or to either of them), are attached by virtue of said writ; and you are hereby notified not to pay over or transfer the same to any one but myself. Please furnish a statement.

You will please take notice, that all stocks or shares, or interest in stocks or shares, of the .... ... Gold and Silver Mining Company, in your possession, or under your control, belonging to the defendant named in the writ, of which the annexed is a copy, or to either of them, are attached by virtue of said writ; and you are hereby notified not to transfer or pay over the same to any one but myself. Please furnish a statement.

.....

Reply of Garnishee to Notice of Attachment.

sheriff of ...... county:

In reply to the notice of attachment in the case of [here state the title of the case], I reply that I am indebted to the said defendant in the sum of $.................., [or, I "am not indebted to him;" or, "I have no property in my possession, or under my control, belonging to him;" or, "I have no stocks," etc.] Dated,

......

18...

Undertaking on Release of Attachment.

In the district court of the .... judicial district of the state of California, in and for the ... county of .......

Plaintiff, against

Defendant.

......

Whereas, the above named plaintiff commenced an action in the district

....

.......

court of the judicial district of the state of California, in and for the county of against the above-named defendant claiming that there was due to said plaintiff from said defendant, the sum of .... dollars, or thereabouts, gold coin of the United States, besides interest, and thereupon an attachment issued against the property of the said defendant, as security for the satisfaction of any judgment that might be recovered therein, and certain property and effects of the said def 'ndant have been attached and seized by the sheriff of the county of under and by virtue

of the said writ.

And whereas, the said defendant has appeared in the said action, and has applied to the judge of the said court, upon reasonable notice to the said plaintiff, for an order to discharge the same .............., upon the execution of an undertaking on behalf of the said defendant by at least two sureties, residents and freeholders or householders of the said ...., county of ....... in accordance with the provisions of section 136 of the act, entitled “An act to regulate proceedings in civil cases in the courts of justice in this state," and the said Judge of said Court having fixed the sum for which the undertaking shall be executed at the sum of ...... and .......... dollars:

Now, therefore, we, the undersigned residents and freeholders in the said county of... in consideration of the premises, and in consideration of the release from attachment of all of the property attached, as above mentioned, and the discharge of said attachment, do hereby jointly and severally undertake in the sum of ...... and .... dollars, and promise that in case the said plaintiff recovers judgment in the said action, the said defendent will, on demand, re-deliver such attached property so released to the proper officer, to be applied to the payment of the judgment, and that in default thereof, the said defendant and sureties will, on demand, pay to the said plaintiff the full value of the property released, not exceeding the sum of ...... and .... dollars.

sureties to the above undertaking, being severally duly sworn, each for himself, says: That he is a resident and freeholder in the ....., county of and is worth the sum in the said undertaking specified as the penalty thereof, over and above all his just debts and liabilties, exclusive of property exempt from execution.

Attestation Clause.-That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

ATTORNEY AT LAW.

CALIFORNIA, NEVADA, IDAHO, MONTANA AND ARIZONA. [SEE BARRATRY.]

Who may be an Attorney.-Any white male citizen or person who shall have declared his intention to become a citizen, in the manner required by law, of the age of twentyone years, and qualified in other respects, may be admitted. to practice in all the courts of this state. He shall be examined in open court and, if found qualified, admitted. [In Oregon any citizen may be.]

In Justices' Courts.-Any person may practice before a justice's court outside of the city and county of San Francisco. There, none but licensed attorneys can practice, excepting parties to the action; such may prosecute or defend in person before any court in the state.

Authority of Attorney.—An attorney has authority:

1st. To bind his client, in any of the steps of an action or proceeding, by his agreement, filed with the clerk or entered upon the minutes of the court, and not otherwise.

2d. To receive money claimed by his client, in an action or proceeding during the pendency thereof, or within one year after judgment, and upon the payment thereof and not otherwise to discharge the claim or acknowledge satisfaction of the judgment.

Changing Attorneys.-The attorney in an action or special proceeding may be changed at any time before judgment, before final determination, as follows:

1st. Upon his own consent, filed with the clerk or entered upon the minutes.

2d. Upon the order of the court or judge thereof, on the application of the client.

When an attorney is changed, written notice of such change must be given to the adverse party.

Removal of Attorney.-An attorney may be removed or suspended:

1st. On his conviction of a felony or misdemeanor involving moral turpitude.

2d. For willful disobedience of the order of the court, requiring him to do or not to do an act connected with, or in the course of, his profession.

Satisfaction of Judgment.-An attorney has power to enter satisfaction of a judgment, in any case in which he is the attorney of record, within one year after the judgment is rendered, unless a revocation of his authority is previously filed.

OREGON AND WASHINGTON.

Compensation.-The measure and mode of compensation is left to the agreement of the parties; but there may be allowed the prevailing party, in the judgment or decree, certain sums by way of indemnity, for his attorney's fees in managing the action.

Costs. He has a lien for his fees on all money or papers in his hands belonging to his client. Also on judgment, and on all money in hands of adverse party belonging to his client.

ATTORNEY-GENERAL.

CALIFORNIA AND NEVADA.*

Election. The attorney-general shall be elected in the manner prescribed by the constitution and laws, and shall hold his office for four years.

Residence, Bond, etc.-He shall keep his office at the seat of government, give bond in the sum of twenty thousand dollars and shall not depart from the state, without leave of absence from the legislature, for more than thirty days at any one time. [The same in Nevada, except the bond is five thousand dollars, and he shall not absent himself sixty days without leave from the legislature.]

Duties. He shall attend each of the terms of the supreme court, and there prosecute or defend, as the case may be, all cases in which the state may be a party; also all causes to which any officers in the state in their official capacity, *In Oregon, Washington, Montana and Idaho there are no such officers. In Arizona he is appointed by the governor.

may be a party; also all causes to which any county may bo a party, other than those in which the interest of the county may be adverse to the state or any officer of the state acting in his official capacity.

Written Opinion.-When required, he shall give his opinion in writing, without fee, to the legislature, or either house thereof, upon any question of law, and to the governor, the secretary of state, controller, treasurer, surveyorgeneral, the trustees of state hospitals or asylums, and any district attorney, upon any question of law relating to their respective offices.

To Supervise District Attorneys.-He shall supervise the district attorneys of the state in all matters pertaining to the duties of their office. He may require them to report to him the condition of public business intrusted to their charge, as may be prescribed by law, regulating the duties of district attorneys.

Report, etc.-He shall report annually to the governor the condition of the affairs of his office; and the governor may order him to repair to any county in the state and assist the district attorney in the discharge of his duties.

AUDITOR.

Auditor.-An officer of the government, whose duty it is to examine the accounts of officers who have received and disbursed public moneys by lawful authority.

AVERAGE.

Average is of Three Kinds-General, particular and petty.

General Average.-General average, in insurance, consists of expense incurred, sacrifice made or damage sustained, for the safety of a vessel, freight and cargo, or the two; and it is to be contributed for by the several interests, in the proportion of their several values, exposed to the common