daily los angeles herald (los angeles [calif.]) 1881-05-18 ...€¦ · wllksbarre to impose a tax...

1
The City's Power to Enforce the License Ordinance. IM SUPERIOR COURT, HOWARD, J. In the mailer of George W. Mor- gan, on habeas corpus.?The mit- timus io this ease was issued by Justice Adams In pursuance of Art. 5, 800. 12, of tha Revised Obnr- tar, wbioh In case of the absence of tha Mayor, or bis inability to act, ba may select and deputize anyone of tbe Justices ot the Peace in the olty to act in his place as Judge of Mid Court, which Justice during tha term of his substitution shall bave the same power and perform tha duties of said Court. The pre- BUrnptlou is that the selection was regular, nothing appearing to tbe contrary. It appears that Morgan on the 20th day of May, 1881), was convict- ed of a misdemeanor in uulawFully conducting aud carrying ou within tbe corporate limits of the city of lios Angeles, for bis own benefit and profit, tbe business of real es- tate agent without first having ob- tained a license from tbe authori- ties of the city of Los Angelea, ami fined in tbe sum of thirty dollars, or to be imprisoned in tbe county jail of Loa Angeles couuty at the rate of one dollar per day until the satisfaction be paid, not to exceed thirty days, in default of payment thereof, aud being held in impris- onment under this couvictiun has aued out this writ on the grouud that the complaint states no crime or offense under the statute confer- ring authority on the city to pas- the eydluanoe in relation to the license of real estate agents or brokers. There was an appeal in this case by defendant to tbe Superior Court, and Judge Sepul veda bold tbe con- vlotion regular and valid. It would seem that in tbe ab- nenoe of an appeal to the Supreme Court that Judgment should be held final and res ad judicata. It would leau to a conflict of ju- risdiction and oonfusion if a co- ordinate Superior Court were to re- verse a judgment of the other branch of the Court on a writ of habeas corpus. That C nirt. held, in effect tbat the ordinauce was valid, tbe offense a misdemeanor and the couv.ctiou valid. To hold that judgment void would In effect be a reversal on writ of habeas cor pua nf its own judgment by the same Court. Tue cue of Kearney referred to by counsel bas no application, as the Supreme Court held tbat the Police Court of San Francisco was one of special limited jurisdiction, ?nd tbe proceeding showed no ju- risdiction either of the person or the subject matter. If the judg- ment of tbe Superior Court were open to inquiry, I have no douot that tbe decision w»- correct. Tbe oharter as amended March 30th, 187-1, Sec o, declare*: "The Mayor and Council shall have pow- er by ordinance to provide lor the licensing, regulating, restraining, suppress:ne; aud prohibiting, or either of or all hawkers, ped- dlers, pawn broker*, dance cellars, melodeons, shows, circuses, billiard tables, bowliug aud ten-pin alleys, faro banks, gaming witii cards, games of chance, gambling houses, tables or stands, bawdy housjs, the keeping of bees within thecity lim- its, and any aud all nuisances, and offensive, immoral, in l< cent or dis- reputable places, business and prac- ticss, or eitber, in said city; also tv license the carrying on und con- ducting of any uud all prolessions, trades, callings, occupations or oth- er business of any person, natural or artificial, within the orporate limits of said city; to fix the amount of license tux thereon and to be paid therefor, ut such sums respectively as said Council shall think equitable and jti-t, and may, in the name and for the benefit ot eald corporation, impose iv such manner as it eees proper to pre scribe, tbe payment of such license taxes by suit, either with or with- out attachment, in the proper Court, under the laws of the State, or by fine or imprisonment, or eitber, or in such oilier manner us in said ordinauce may be provmed." It Is not deuied that the Legisla- ture may impose licenses iv the shape of t<ixe>, and may authorize the exercise or the power by munic- ipal corporations. In MeCllotock vs. Maryland, 4 Wheat., the Supreme Court of ?the United States says: "The power of taxing * ? * Is essential ibe very existence of government, and may be legitimately exercised on the obiects,to which it is appli- cable to the utmost extent to which the government may choose to ent- ry it." In Railroad vs. Pennsylvania, 15 Wallace, the same Court held, Field, J.: "Tbe power of taxation *** is necessarily limited to subjects withiu the jurisdiction of tbe State. The subjects ure per- sons, property and business. What- ever form taxation may assume. Whether duties, imports, excises, or licenses. It must relate to one of these subjects " This ordinance was before the Supreme Court of this State in the case of Ah Toy aud held valid as tbe exercise of the police power as to peddlers. In the case of Brooklyn vs. Ber- lin, 57 N. V., an ordinance of the city Imposing a license of the ue of carts was held valid as an exer- cise of tbe police power. But such regulations are equally valid whether treated as the exercise of tbe power of taxation or police. Burroughs, p. 392. It Is well settled that tbe Legis- lature may delegate the power of licensing trades or occupations to municipal corporations. Hill nn Mu. Corp, Sees. 38, 591, p. 694; Cooly on Taxation, p 408. It is contended, however, that in- asmuch as tbe charter does men- tion certain occupations and omits tbe terms real estate agents, tbe city authority under the word.: "Also to license the carrying ou and conducting of any and all pro- fessions, trades, callings, occupa- tions or other business," derives no power. There are cases that seem to sustain this view, hut I think when examined they will h \u25a0 found to differ in terms from tbe Los An- geles Cbarter. It le said In Burroughs on Taxa- tion, p. 162: "A law imposing a tax on oertaiu specified occupa- tions, and on other employments includes lawyers." A different construction would fail to give any effect to the language employed. There oan be no doubt that It was tbe intention of the Legislature to give the power te the olty author- ities to require ? license for all oo- oupations. It does not follow that the Council Is required er will de- maud a license for all occupations or business. The charter gives pow- er to seleot and the exercise of dis- cretion. Tbe rule of Interpretaion Is thus stated by Chancellor Kent, 1 Comm., 510: "it Is an established rule, in tbe exposition of statutes, tbat tbe Intention of the law-giver la to be deduced from a view of the whole.and every part of the statuts, taken and compared together. The real intention, when accurately as- certained, will always prevail over tbe literal sense of terms. When the expression in a statute is special or particular, but tbe reason Is gen- eral, tbe expression should he deemed general." Chapter 3d of tbe Political Code, conferring powers on tbe Common Councilor municipal corporations, Section 4408, declares tbat the Common Council ehall bave power: ?To provide for tbe Unending any or all business not prohibited by law, and fix the amount of license tax for the same." Uuder well set- tled rules the cbarter is to be con- strued with reference to the general law and the whole legislation on tbe subject. The construction of the powers, of the Common Council on the tub- j.'ct of license Is eoaroely uu open question. In the case of Baora- mento vs. Charles Crocker, 16 Cal , thequestlou was presented of the power of the corpoiation to exact a license of a merchant when the business of the merchant was not specially mentioned. The language of tbe charter of that city was: '\u25a0The Supervisors shall bave power to fix and collect a license tax on all theatres, shows, exhibitions, or other places of amusement, mid on all trades, professions and busi- ness." Cutler tbe argument of counsel intblscase the right to impose a license would bave been limited to theatres, shows, exhibitions and places of amusements; but tbe Su- preme Court gave effect to tbe gen- eral words, and in relation to ibis ojeation said: "It is a sufficient answer to say that by the third section of the Consolidation Act of 1858 (Stat. 26SJ power is given to the Board of Supervisors to levy taxes, aud oanse the same to be col- lected; and by tbe fourth section (269) the Board bas power to fix and collect a license tax on * ** all trades, professions aud business » * *. There is no doubt that the sending of merchandise is a busi- ness withiu the meaning of the statute." To the same effect is Sacramento vs. Stage Co., 12 Cal , 134. There is little doubt that a real estate agency is a business wllhiu the meauing of tho charter of the City of Los Angeles. The defendant's counsel has re- ferred the Court to the ca-e of But- ler's Appeal, 7J Perm, St., in wbicb it was decided that: "Au Act authuriz.'d tlie Council of Wllksbarre to impose a tax for po lice purposes ou bowling alleys aud billiard tables, * ? uud also auctioneers, or other venders of merchandize or other articles of out-cry, * ! * aud all otber places of business or amusements couduuted for profit," did not au- thorize a tax on merchants, bunk- ers' business," etc. He has also referred the Court to City of St. Louis vs. Laughliu, 49 Mo,, iv which it was held: "Tbe Charter of the city of St. Lnuis, approved March 4, 1870, provided that the Mayor and City Council should have power to license 'auc- tioned, grocers, merchants, retail- ers, hotels, * * * hackney carriages, omnibuses, carts, drays aud other vehicles, aud all other business, trades and avocatious or professions whatever. The pro- fession of 'law' was not specially enumerated. Held that under said provision the City Couucil of St. Louis had no power to pass an or- dinance levying ou attorneys-at law. The rule is, wbeu general words follow particularoues to con- strue them as applicable ouly to person.-, or things of the same gen- eral character or class, Aud iv the case mentioned the profession of law was not ejusdem generis, aud could not be embraced iv the pur- view of the Act." The Pennsyl- vania cuss goes on the same ground. All the cases assert that it is a question of legislative inten- tion, aud it cannot well be doubted that It was the intention of the Legislature of California in tbe Los Angeles Charter to enlarge to tho particular by the general words employed, so to authorize the tax ation of real estate agents, aud other business. The Pennsylvania an.l Missouri cases in their application to this subject are iv conllict with the de- cisions of Louisana, aud especially of California, which this Courtis bound to follow. The Act of the Legislature of Apiil 4, 1850, declares that, "A l th it tract of lauil included within thu limiis of Ihe pueblo of Los Au- gules, as heretofore known and ac- knowledged, shall henceforth be known as the city of Los Angeles, and said city is hereby declared to be incorporated according to tbe provisions of the Act entitled'An Act to provide for tbe incorporation of cities;'approved March 18(11), 185(1," page lo>. ihe 11th section of 1800, page 88, providing for tbe In- corporation of cities, gives to the Common Council of all cities the power "to provide for licensing any or all business not prohibited by law; to fix the amount of license tax for the same." This provision has been retained In all subsequent amended Los Angeles charters, ai d the power constantly exercised. This must be regarded as setting the law on the subject, both by leg- islation and usage; 23 Pic, SpauU- intr vs. Lowell. It would seem that this course of legislation aud practice, running through thirty years, should be re- ceived as the settled construction of tlie charter as to the license of oc- cupations. The defendant Is re- manded. Howard, J. $0* gknflrta: QttM. FOR SALE. THE SISTERS OF CHARITY OFFER THE Los Angeles Infirmary AND GROUNDS FOR SALE. Tbe grounds are highlyImproved and contain a large number or bearing or- ange, emon and deciduous trait trees. MS For torma apply oa the premise.. Jang S OA ROC OOOOa-Books, Photos, ? *n. Sample cauilogns 3 CIS. Paris Bock Co., Chicago, 111, OUR OWN COLUMN. DAILY AND WEEKLY HERALD The leading Paper OF Southern California. Will devote columns to furthering the Interests or Los Angeles oltyand county and the Southern portion or the State. It lathe intention of the publisher to make THE HERALD Anewapaperof the day, complete In all its details, and in every department Full and Reliable. The tentorial Columns will dlaouaa all live topics ofthe day. while the Telegrams, By arraugementa newly eUeotsd, will be the fullest and moat exhaustive to be found In any paper of the State, not be- ing surpassed bythose of the SanFranoUeo dalltei. The Local Columns Will coirtaln a complete resume ot local happenings and all matteraol home In- terest. TERMS DAILY HISRALD, by mall.l year...Ho 08 (months... GOO S months... 2M Delivered In tbe City al 25 CENTS PER WEEK. TjIB WEEKLY HERALD! TERMS: Weekly 1 year by ma 11..... 13 00 " (months ISO » " 100 Payable Invariably In advanss Joseph D. Lynch, PUBLISHES, LEGAL. Sale of Real Estate By Administrator with tho Sill annexed. In the Superior Court of Loa Ange- les County, state of CallforoiA. In re the estate of Rosa Isabella D. Baldwin, dcoeasod. Notice Is hereby given that in pursu- ance oi the t>rd«r ot said Superior Court of thu county of Los Angeles, Stale ot California, made ou thet» v day <>; May, A. D. 1881, in the matter of the estate of tlosa Isabella v. huldwlu, deceased, the undersigned, administrator with tue will annexed of said estate, will sell at private sale to the highest and best bid- uer lor Gash and subject to the confirm- ation ol suid Superior Court, all tlie right, title, interest aud estate ul' the said deceased al the time of herdeaib, aud ail the light, title and interest the said estate has, by operation of law or otherwise, acquired other thuu or in ad- dition tv that ut thu suid deceased at the tiuw ol her death in uud lo those certain iols, pieces, or tracts ul luud lying uud using in itie couuty ol Los AngSltS. State of California, aud described us follows, 10 Will First?Commencing St A forked willow tree about 8 inches through, marked i i), In black paint, wlncU is situated near tne bank oi the RaDjnor irrigating ditott and corresponds with and is Sia. 16of*survey made in December, 1870. oy ii, M. Jouusou ul' tue irrigable it.a vi iue Kanciio Los r-euz, reiereuco to Allien is hereby mure particularly made; thence, fulluwing the mesnuSf uuu vi said survey LH degrees W one L-uaiii aud kSvSOty?Sight links; ihence N io^idegrees E 2.75 chums; tiISACe 012* .?egrets 1.75 chains; thence 18J4 de- grees W9 5i cnaius; theueo N 32' 4 de* trees c 2u/ euains; thence lh 'iTti degrees 2.01 chains iv station 2j ol Johnson's survey; theuce w 78:4 degress £1 28.88 chain*; thsnoe s iu;-4 dtgiees 26.81 juuius; tueuco st 1 * degree* Wio t>u chaius; thence N cv degrees W 800 iJliuius to tue point oi beginning the lu- tai uieu oi the laud hereby conveyed uelug 01 \u25a0)\u25a0 I i' acres . 1 lund. »tiiouu-.iuu the oue-uith interest in aboUL3 800 acre-, oi tout certain tract ol land situate, lying and being in the county ul Angeles, elate oi Caiifur via, uud mure purticulaity described as fuliuws, to wit: Commencing ul the nver ul Lus Angeles, at, an unK Uee, v \u25a0 uud'imtrk of lue raucho cai led *'Provi- deneia," near v lim j ailu, aud running thence souiuwesLeriy aioug tne U.»uuu- ary liueuitaid Uansho Lv Providencia Lv the Aliso tree of tne nopaleio; tuencu easterly to the u Aguaga uu Mocuvenga;" Lheuce lo a point iv liuill OflhS "Aguage uel Suucito;" thence in another suu.gbt line pusstng direct iy through the roriezueia lo the river ol Los Augeies; theuce up thu cnaunei of thu said river the place of oegiuuing, tue laud hereby ueaeribed being upjrtof the Kancuo LosFsllSi granted io Maug. Yguacio Vsrdugo by ttlauuel Michuuorena jSlurcu 1811, ??aViug uud e&cepLiug from the last above described tracts ccriaiu parcel ol laud described us follow*1 Commencing at a redwood stake in mound of bloues marked I*. D.s. 1, 4X4 Inches in diame- ter aud distant lv UuUs from the center oi the Canal and Ke.-ervoir Company's ditch and on north side of same, Irom whuuu poiul a l.ve-oak tree abuut 4 feet in diameter uud marked ii. T. w. i. P. D., N degrees E 277 ciiuius dis- tant: auoiuer nve-uuk on oppesno side oi UeaervoirCompany*\u25a0 diicu aooui-ifc it-et in diaiutttr, biased aud marked ii. N. Sfe). IP. D-i hours S 60V S degrees E 4 28chainsuMblunt, and is ou tne West baua of a small gulch; lheucti running a lew Unas iv the uortuwurd uf Ue&ervuir Company's ditch M 75.'4 degrees W 022 cnaius to sandstone rock uud stake marked H. 2,8 i Uuks from center oi diuh (rum which poiul v Jive ujk lieu übuUL jjftlectin uiaiiieter near edge ut'ditch dtgseefl W 0.2 i cnaius di-t- -iuut, uuoiher nve-uuk noout tame size ueais N degrees VV SbOUt ij.OOl'liams ulsLaui anu fct* corner of Jose Paco's aaoue house tears N 4u degrees E 4.47 chains and is I.UB chains Jong by 27 links wide; usycumoie treu stands about cen- tre oi rear uf nuuse and is about 78 links distant irom house t another large live- oak on north side of ditch anu immedi- ately ou edge ol same bears s 06 degrees tfll*2Bonsins umlaut; theuce loiiowing HeseiVoir and Uanal Company's ditch up \u25a0trssm N degrees w 8.87 chains to a slake 10 Unas uistuut from center ul dnch aud uimked s. s; thenoeN 88)4 de- gress W 2.01 chains tv a stake 27 nuks distant from center ol ditch aud marked S*4; thence S 67degrees w l,Bs chains lv v siake 27 uuks tium center ol ditch and marked s. o; thence N si;-4 degiees WB.U3 chains tv a stake 17 links irum center of diicu antl marked S tj; thenes sjidefiTie-Mi W 1.24 cnaius loa slake 11 iuias from center uf ditch and marued S. 7; ihence N VV 2«o2chains tv a stake 10 links iroui center of ditch and marked a. 8; theuce M 18)j£ dtgreea E 4.us cuains to a staae 11 links from center ul ditch and mai ked s. tt; theuce N 2 de- grees W 0.18 chains tv a stake distuut io ? inksfrom centei of duciiunU maiked iv; thence JN gSHdtgress VV 0.07 cnaius to a slake 3a huks irom center oidi.ch and maikcdw.il. Hum wnich poiut a live- oak tree 3feet in diameter on Hi side oi duch bears a 2wi4 degrets E 60 links dis- tant; another live uaa same sue, tame siue ul uitch, bears a 48 l 4 degrees EBO finks distant; theuce along duch uu hill- side JN W y.iO cliains tua stake 11 links Hum center ul diicn uutl mai ked tj. 12; theuce JN '-.>>\u25a0 4 dtgrees w 0.82 chains to »utko io uuks trom center of duon and maiked S. lii; thence in 4oi-+ degrees W "i.yi cuums io a slake marstd s. 14; LUeuce > degrees E 14.03 chains to a *iiiow slump oiazcu aud marked wit-h black paiui a. lo; ihence atuug ditch and edge ot email swamp N 9% degrees \v l.'.a chains to a stuke lo uuas Irom center ol diich and inartved S. 10; theuce A de- grees E 2.75 chains to a stuke 8 lings trom ecu er oi uiicn aud maiked w. 17; thence 30894 degrees E i.7fi cualus tv a stake ms> aed n, 18, on easterly side of flood* g*ie; theuce N i'iy a E l.yuchains, alung ceuteroi ruunlug water vi ditcli and lurougu a deep cut wnich crosse- mil ou poiul ot wnich is located house of ti. Pacu to stase marked S. 10; thence N3i4 degrees W 2 *:8 ciiuius tv a sluke msiksdch 20; thei.ee N 104 degrees W chains, to a stake 20 liukslrum center ?ji uiicn uud mai ked s. 21; ihence .n %i% aegrees E 2.87 chains tv a stake 18 links from ceutie ol ditch and marked fc. w. theuce N 6'% degrees ti 201 chains tv ?aatte marked S. V 8; theuce iN 4J 4 degrees W 4.47 chains lv stake 26 Uuas fium uitch aud maraed rt. 2i; tueuce it degrees vV 4.16 chains to a htane IS link, from ditch and marked s*. 86j tiiencu a grews E ch.lbS to a slake loiiuus iromceuterof diicu antl luaiked s. 20; tueuce N ll*i degrees w 2&2 Ohsluatou stake marked S. 21; thence uu side ot uLi between duch and road JN Igyj de- grees w 2.b9 chains to sL.iko on edgi v; road maraed S. 28; thencu N 88W de- crees W 5.«7 chains to stake ou edge ol road aud mai ked n. 129] theuce N 20> 4 de- gree. W 4.87 chains io a stake ou ul di.cb uud m«rked yj; thence a.vug edge of ditcn > Hi di grees W 6UU chains tostskc on e«ige of load and marked S Al; thence N degrees \V 4.01 cnaius lv a stuke bet ween road and ditch and marked S. 3i; thence along Canal und Reservoir Oompany's dhcu H 2Jttdegiees W o.iO chains to a stake marked H* 98; theuce following meandeis of river bank N degrees f, 4.70 chains to a stake at head ol deep wash and marked 5.34; Lhence N 41m decrees E 3.01 chains to a atake ou edge of bunk marked 5.85 l Lhence N 26 degrees E 4.*.0 chains lo a stake on westerly side of zanja marktd H. <J8; theuce N 45J4 degrees E 10.00 chains to stake marked a. 87; tbtmce is 18 de- greesK 1.07 cualus to a stake marked S 44. from which poiul a willow tree mark- ed B. T.S. 38 P. D. bears N fIM degrees E tHlluks distant; theuce s 7«>4 degrees t, 12.70 chains to stake marked «. 39; tueuce -i 2454 oegreos *; 7.04 chains to stake marked w, 40; tnenne S 7)4 degrees E 8.00 chains to slave maiked a. 41; thence n 4 degrees W 14.81 chains to stake marked S. 42; thence 8 2% degrees *; li.oz cnaius to slake marked ,s. 43; theuce 574J4 degiees E LH chains to oak post In line ot willow fvnee marked s. 44 P D.; thence H. LuJ4 dfcgrsea W. 31.42 chains along said willow fence to staae in Hue of fence aud marked s. 45; ihence H, degrees E. 15.1f> chains to stake markmi S. 40; thence S. degrees E, 11.58 chains to stake marked a. 47; theuce s. de- grees E. 8.b5 cbaius to stake marked s. ii; tbeuce 5.38 degrees E. 12.37 cbains to pmst in line of willow lence ut lutersec* Lion of said f«uce wiLh L. A. C.VV. W. Co's d'tch and maraed P. D. s. 40; tbence s. 83?4 degrees \V. 808 chains sloug live wnlow fence to stake marked S. 50* theuce N. 77 degrees w. 59 chains to stake marked S. 51; thence s. 58 degrees W. 083 chains io stake marked S. 52; theuce s. 22?4 VV'. 14 60 chains to stake marked S. 63; thence s. IIW degrees W. 10.13 chains tosLaße4x4 inches In diameter in mound ot stoves and marked P. D. H. l,the plHne of begin- ning and containing 823.3109J ucrcs of laud and being the same tract of land witblu tbe exterior boundaries of which is included the 61 acre tract hereinbefore described, and nil of said lauds being wlthtn the - exterior boundaries of the Ssncho "Los teliz" and forming v part lereof. Also, ail the water rights, easemeuts and servitudes to each or said different tracts belonging or lv any way apper- taining. Mala sale will be made on or after the BTH DAY OF JUNE, 1881. All bids or offers must be In writing and will be received st the office of Messrs. PhillipA Baldwin, No, 57 Main street, Los Angeles city, Cal a,, or may be LEGAL. delivered to the administrator persoual- ly.or filed with tbe Clerk of said superior Court, at any time after tho first publica- tion of this notice and before the making of the sale. Terms and conditions of sale? Ten per cent, or the purchase money to be paid upon notice of acceptance ol bid.balunce ou cofirinaiton ol sale by said SHperlor Court. Deed at expense of purchaser. Dated Los Angeles, Cat., May Ocb, 1881. JOHN M. HALDWIN,* Administrator with tbo will annexed of the estate of Kusa Isabella D. Baldwin, deceased. Eastman, Hal(*y, King Koiurts, At- torneys lOr the estate. Notice of Administrator's Sale of Real Estate. "VTOTiOK is hereby clvrn that in pursu- A\ Alice of the ordt ri 1 tlie Superior Court ol tho couuty of Los Angeles, htate of Cal- ifornia, mads on the 7ih day of March, 1881, lv themailer of the eitatS*Of J. U. Mleheoer, deceased, iho undersigned, the administrator of said estate, will sell at private sale, to the highest bidder, for casii Iv gold coin of the United Slates, aud subject to confirmation by said Su- perior Court, ou or afler FRIDAY, THE 27TH DAY OF MAY, 1881, All the righl, title,interest and estule oi the said J, U. Mlcueuor, deceased, ut the lime ol his death, and all ihe right, title aud interest l bat the said estate has, by operation of law or otherwise, acquired oilier than or in addit ion to that of the said intestate at the time ol his death, in uud lo all those certain lots, pieces, par- cels or tructs ol laud, situate, lying and being lv t he cotinry of Los Angelts, State ol Cuiiioruin, and bounded and described us follows, lo wit: 1? The N*\V % or Sec 31, T 7 S, R 7 \V, S B M containing 100 acres. 2? Lots 1 and 2. Sec 3d, T 7 S, B 7 W, S B M, containing 88 82-100 acres. 8? I'hoK *ot"S\V IX and VV <>f*SE of Sec 25,T 7S,It 8 VV, S B M,containing 100 ucres. 4- 48 3(i-100 acres in the W X of Sec 2i, T 7 a, It 8 W, S B M. 5? Lot 4, see 26, T 7 8,118 W, SB M, con- taining 79 10-10i>ncres. Terms and louditioas of Sale?Cash, in gold Com of tha United States. Deed nt ex- pen: oof the purchaser. Bids or < ii 'is a »y be made at any time alter the first publication of this notice, aud before the making uC the sale. All bids or > iLrs must bo In wiitintr, nnd lett at the oflicn of H&stman, Haley, King & ltobarts. No. 8, Mohr block, tipriug street, iv tue oity of Los Angeles, or delivered to the undersigned perßuually, or Uled in the ollice vi tbeClvrkof the Huperior Cour;, Datod M uch Bth, 1881. M. MENDELSOX, Administrator of the esiaie ut j. o. MlOhener, deceased. 8. HALEY, niyff ? Attorney for Admiuistratur. SHERIFf'S SALE. Execution No, 03. In the Superior Court of the county of Los AuLTt'lea, St?\t«' of Califor- nia. J. M GRIFFITH, doing business] under the firm name and style | oi J. M. Oriffilh & Co., Plaiullll, j- vs. I H. T, HAZARD, Defendant. J Under and by virtue of nn execution issued out oi the Suiter lor Court of Los Angeles county, alale of Califor- nla,on theOlh day ol May, A.D 1881, to me directed and delivered on the said Inst mentioned day, for a Judgment rendered in said Court on the 9th day oi Murch, A. D.IHM), in lavorof J. M. CJrlflUb, doing business under the firm nameuud style of J. M. OrifiUb A Co., ptaiutifi, and against If. T, Hazard, defendant, 1 have levied upou uud shall uu SATURDAY, THE 28tb DAY OF MAtf, A. D. ISBI, At twelve o'clock M. of said day, piuceed to sell, at the Court House door, in the city aud county of Los Ange- les, of California, at public auction io the highest and best bidder for cash, in United States gold coin, to satisfy said Judgment, with interest, cosis aud all accruing costs, all the right, title and Interest of said defendant, 11. T. Hazard, in and to the following descriued real estate, to Wit: Situate in East Los Angeles, county of Los Angeles, Slate oi Caiilornia, to wit: Commencing at a poiut on easterly lino of Lecouvreur street, said poiut being i he N W corner of lot No. 9, blk C, East Los Angeles; running thence easterly along nort hei ly live ot said lot to the NE corner thereof; thence SE to SE corner of lots, ol said block CI lhence S W to NE corner of lot 7 of said block C; thence SE 40 leet to a point In the easterly lino of lot 7 of suid block; thence SWand par- allel to southerly line of Naid lot 8 to Le- couvreur street; theuce N westerly along the easterly line ot said Lecouv- letir street to the place ot beginning, said land being lots 8 and 9 and the northerly 40 feet of lot seven of block C, East Los Angeles, ns laid down on map recorded In book No. 3, miscellaneous records, page 191-195. Los Angeles couuty records, and to which said map and the record thereof reference is hereby made for fur- ther description. Also, lots 8.1,7,8, 11,12. 15,10,21.24,20. 28,c0add82, iv Hazard's subdivision of lot 10 of (iriflin's Addition to Eusl Los Angeles, as laid down and described up- on ibe map of said subdivision recorded iv bookB of miscellaneous records, page 538, recoids Los Angeles county, to which said map and the record thereof refer- ence is hereby made lor further descrip- tion. Given undor my hand, this 6th day of May, A.D. 1881. WM. U. ROWLAND. Sheriff. By J AS. 0. KAYS, Under Sheiill. Under Foreclosure ot Mortgage. Execution No. 49L In the Surorior Court of tlie county of Loa Augele-, Htate of Califor- nia. A. BUIS WALTER, Plaintiff, ) vs. PIO PICO et al., Defendant.) Under and by virtue of a decree ol fore- closure and orderol entered In the Superior Court aforesaid on the sth day of May, a, D. 1881, and a writ of execu- tion for the enforcement ol Judgment re- quiring sale ot property under foreclos- ure of mortgage Issued out of said Court, annexed to said decree and dated the oth day of May, A. D. 1881, in the above entitled action and in favor ot Andres liriswalter, plaintiff, and against Pio Pico, J. H. Lucas, A. 11. Chapman, ibeodoreC. Porter, W.Woodworth, John Hancock, the City of Los Angeles and Maria Martinez, defendants, a certified copy of which said decree ol foreclosure, duly «ties ted under the seal ol said court on tho Gth duy ol May, A. D. 1881, and delivered tome, together with tbo writ anuexed there- to, on tbe said last mentioned day, whereby I am commanded to sell st public auction, to the highest and best bidder, for cash in United Slates gold colu. tbe following and lv said de- oreedescrlbed real estate,to-wlt: All those certain lots or parcels of laDd situated intbe city of Los Angeles, couu- ty ot Los Angeles, and stated California, ami more particularly described as fol- lows, to wit: One lot bounded on tho north by the main plaza, on the east by tho small plazaandthe lot formerly of Ocumpo; on the south by the lot formeily ot se- pulvf da and on tho west by Sanchez street. One lot bounded on the north by the school house (lot No. 1); east by tue lot of Pelauconl; south by tho lot of Maria Martinez, und on the west by Bath street, Oue lot bounded on too north by the Catholic Church; fast by Mulu street; south by tho lot of Mrs. Sanchez, aud west bj the lotof the Gas Coinpauy; ref- erence beiug made for further descrip- tion of Hdd thr.-e tracts of lund above described to the mortgage from Plo Pico to Andres Brlswultcr, recorded lnthe of- fice of the County Recorder or Los Ange- les county, In book No. 21), page 359, et seq. Public notlco is hereby give n that 'on TUESDAY, THE 31st DAY OF MAY, A. D. 1881, At twelve o'clock ,v. of said day, I will procoed to sell at tlx Court House door, in the City and County of Los Angeles, State of California, at public auction, to the highest and best bid- der, for cash in United States gold coin, tt satisfy Baid decree for principal and interest, attorney's fees, costs, and all accruing costs, ail the above described real estate, or so much thereof as mny be necessary to satisfy said sums. Oiven under my hand, this Gth day of May, A.D. 1881. WM. R. ROWLAND, Sheriff. By JAS. C. KAYS, Under Sheriff. ' LEGAL. 8 UMMl ON 8. In tho Superior Court Of the State of Gal Ifornix, lv a \u25a0 for tbe County of Loa Angelas, Francisco Grazlde, plaintiff, vs. Oliver Devillers, defendant. Action brought lv the Superior Court of (he stats of California, In mm foribe couuty of Los Angoles, uud the com- plaint filed In suid county of Los Auge- les, in the office of the Clerk ot said Su- perior Court. Tho People of the State nf California send greeting to Oliver Devillers, de- fendnut. You are hereby reqnircd to Appear In an action brought against you by the above named plaintiff In tho superior Courtuf tlie state of California, iv and for the county of Los Angeles, and lo an- swer the complaint Hied therein,within teu ihi,s (e.M'luMve ot the day of service) utter t ho servico on you of thu summons ?if served withiu this couuty; or, it served elsewhere, within thirty days?or Judgment by default will betaken against you according to the prayor of said com- plaint. The said action is broueht to obtain a decreo of this Court tor the foreclosure of a certain mortgage described in the said complaint, ana executed by the said o. Devillers to C. Grazlde, ou the3'l day ot October, 1876, to secure the payment of a certuiu promissory note, made on tbe 3d day of October, 1876, by O. Devillers, tor the sum ol $300 gold coin, with interest at the rate of iY A per cent per mouth irom date until paid, and payable to the \u25a0aid C. Grazlde; that tho premises conveyed by said mortgage may bo sold, and (lie proceeds applied to tbe payment of 83uo gold OOiD, with Interest at the rate of l % percent per mouth Irom October 3, 1870, and lor lv per cent as attorney's tees, as provided for in said mortgage, and costs ot suit: and in case such proceeds are uot sufficient to pay the same, then to ob- tain hu execution against shid defendant for the balance remaining due; auuulso that the defendant aud all persons cluim- lug by, through or under him, may be barred aad foieciosed of all right, title, claim, Hen, equity or redemption and In- terest in and to suid mortgaged premises* and for other and Jurther relief. Reiereuco is hud to complaiut for par- ticulars. And you are hereby notified that if you fail to appear uud arswer the said com- plaiut, as above required, the said plain* till will apply to the Court for the relief demanded In tho said complaint. Given under my haud and the seal or the Superior Court of tho .Stale ol Cali- fornia, in and for too couuty of Dos Ange- les, this 4th day ot March, in the year ol our Lord.oue thousand cighL hun- dred and eighty-one. LHeaJ.I A. W. POTTS. Clerk. By A. HIMPAU. Deputy. Endorsed: VVADTEK D. STEPHENSON, _mB-2m Attorney for phUnhiT. Summons. In the Superior Court of the State of California, lv aud for tho couuty ut Los Angeles. The Farmers' and Merchants' Pank of Los Angeles, a corporation, plaintm, vs. Cristoval Machado et al, defendants. Action brought In the Superior Court of the State of California, iv aud for tho county of Los Angeles, and the com- plaint filed in Baid .county of Los Ange- les, in ihe Office of tho Clerk of said Su- perior Court. The People of the Stale of California ROnd greeting to Cristoval Machado. Joa- quin Almada and T. D. Molt. Harris Newmatk, Kaspar Cohu, Meyer J.New- maik, Morns A. Ncwniark, composing the linn of H. Newmurk a Co., and l.Wi liellman, delcndants. You are hereby required to appear in nn action brought i»gaiust you by the abovo named plalntiiT in the Superior Court of the State of California, iv and for the county of Los Angeles, and to an- swer the complaiut filed therein, withiu ten days (exclusive of the day of service) after the service on you of this suuiuious ?It served within this county; or, if served elsewhere, within thirty days?or judgment by default will be taken agamst you, according to the prayer of said complaint. The said action is brought to obtain a decree of this Court forthe foreclosure of a certain mortgage described in tho said complalutaud executed by the said Cris- toval Machado to the plaintiff herein on the tlrst day of November, A D 1870. to securo the payment of acertaln prouiis- sory note of date Oct. 31st, 1870, for the sum uf 810C0, with interest thereon from date till paid at the rate ot 1)4 percent, per month; if not paid punctually to be compounded and bear hko interest; exe- cuted by defendant Cristoval M'tchado to tbe plaintiff'herein (all in U. S. gold coiu); that the promises conveyed by said mortgage may be sold and the pro- ceeds applied to tho payment of the said principal sum of $luOo, with Interest at the rate of oue aud one*half percent per month,compounded monthly, irom the 30th day of April, A. D. 1879; 827.48 taxes paid March 12, 1878; $33.03 on 20th March, 187!); $21.04 paid on sth February, 1880; $15.00 paid Dec. 80,1880; §19.40 paid Febru- ary Ist, 1881, with interest thereon at the rate of i x / 9 per cent per month till paid Irom their resnective dates; counsel lees at the rate of 10 per cent on the amount of lodgment recovered, and forcostsof suit; and in case such proceeds are not sufficient to pay tho same, then to obtain nn execution against said Cristoval Mnchado lor the balance remaining due; and also that the defendants and all persons claiming by,through or under them,may be barred aud foreclosed of all right, title, claim, lien, equity of redemption and interest in audio said mortgaged premises, aud forotherand further relief, Reference is had to complaint for par- ticulars. And yon are hereby notified that ifyou fall to appear and answer tne said com- plaiut as above required, the suid plain- nir will apply to the Court for the relief demanded In the said complaint. Given under my hand aud the real of the Superior Court of the State of Califor- nia, m and for the county of Los Ange- les, tv is ftth day bf Kebruaiy, in the year ofour Lord one thousand eight hundred aud eighty-one. (Seal.) A. \V. POTTS, Clerk. By E. li. OWEN, Deputy. THOM A STEPHENS, mi3o 2m Attorneys tor PlaintUT, Certificate of Partnership, Tho undersigned hereby certilles that C. Raphael,a resided of tho city and county of Los Angeles, state of Califor- nia, doing business under the firm name of C RAPHAEL * CO.. In said city, Is tne only person in \u25a0aid tlrin, and that no other person as partner has any Interest lv said linn. Witness my hand and seal, this lith day oi April, 1881. c. Raphael. [Seal,] STATE OF CALIFORNIA, \ ua Couuty oi Los Angeles, J" 8, On Ibis nineteenth day of April, in the year one thousand eight hundred and eighty-one, before me, George A. Dobln- son, a Notary Public, in and for said county of Los Angeles, personally ap- peared 0* Raphael, knowu tome to be the same person whose name is sub- scribed to and who executed the annexed Instrument, and thereupon he duly ac- knowledged to mo that he executed the same. In witness whereof Ihave hereunto set my hand and affixed ray official seal, at my office, in the city and county ol Los Angeles, the day and year in this cer- tificate first above written. I Seal.] G. A. DOBINSON, Notary Public. NOTICE. Having this day sold out my entire In- terest in my PAINT AND OIL STOKE to C. Raphael, I recommend him to all my friends and patrons who formerly did business with me. ap2o-4w B. RAPHAEL. Assessment Notice. Los Angoles Miningand Smelting Com- pany?Location of works, Hasting Springs, Inyo county. California?Lu- catlouof prlttSlPtl place of business, Los Angeles, Los Augeles county, California, Notloe is hereby given that at a meet- ing of the Board of Directors of suid Company held on the thirteenth day of May, 1881, an assessment, number six (6), of one dollar and seventy-five cents per share was levied on the entire capital stock of said corporation, payable im me- diately in lawfut money,to J. M, Elliott, Secretary of said Company, ut his office. No. 1 Temple Block, in the city and county of Los Angeles, State of Califor- nia. Any stock upon which this assessment shall remain unpaid on Tuesday, the 6tb day of July, 1881, will be delinquent and advertised for sate at public auo>lon; and, unless payment is made before, will be sold on Tuesday, tbe 9th day of Au- gust, 1881, to pay said delinquent assess- ment, together with cost of advertising and expenses of sule. By order of the Board orDirectors. J. M. ELLIOTT, secreiajy. Office of Secretary, No. 1Temple Block, city and county or Los Angeles, Califor- nia. mM-tfw ?I^ll?? mm fitgw-MMm-^? LEGAL. SHERIFF'S SALE. Execution No. 507 i). In tbo Superior Court of Iho County of Los Angelei,state of cullioruiu. A. LOTHIAN, PlaintUT, ) LEVIS WOLFBKILI .'.Defondant.j Under an J by virtue of an execution is- ened out of the Superior Court of iho county of Loa Angelea, state «i Califor- nia, ou tbe ttli day of Hay, a. I) ISBI. to me directed und delivered on thu 13 b dayorMoy,A,D. uj SI) for a lud.mtnt rendered In tbe Dlitiiot Court ol the 17th juui nil District of .aid Bounty nf Lo, Angelea,Htate of Calif rata, on the6lb day of June, A D. 1879. lv fnvjr ol a. i,'"',"!",', egabet Lewis Wolfakill, defendant, Ihave levied upon and hh.ilt on r SATURDAY, THE 4th Day OF JUKE, A. D. 1881, At 12 o'clock H. of Bald duy, proceed lo \u25a0ell, at the Courl Hems * door, in the Olty aud couuty ol Los Angeles, Male uf Cal- llornta, at public uucl.oii, to the highest anil best bidder, lor colli In U. is. Bold coin, to sailsly mid judgment, Interest and costs, and all accruing costs, all the riant, title and Interest of.aid uefendaut which he had ou the day when the Judg- ment was dockeicd or ul any Uuio luerc- auerin and lo: First-All that tract or parcel of land, innate, lying ami being in ihe county oi ~os Angelei, Suite of California, known as tiu Baa tho Sao Jos-, reference being niade lot nioic particular description to the paieut of suid ranohn, as recorded In the oiiiceol the County Reourder ef laid county ol Los Angeles, iv book No, 2 of pulems, page IbH et seq. Second?All that l raet or parcel nfUnd situate, lying and being lii ihe county of Lo. Aug del, State of California, known ns the Hanebo Addition to Ban dole, ref* rrouce being had for more p in leu .ar de- ?orlptlon io the patent of sad ranotio, aa recorded lv thu olHce of the County lle- -0 irder of Los Angeles county, Slate aforesaid, in book No. I of patent!, page 113 ct seq, Given under my hand thia 18th day of May, A. 1). 1881, W>\l R. ROWLAND HhcrllT. ByJAs.C. Kays, Under Sheriff. Administrator's Sale of Real Estate. Notice is hereby given that In pur.su. ance ol nn order of the Superior Coun ol the county ol Los Angeles, stale of Cal- ltorniu, made on the fourth day ol May, 1831, In the matter of Ihe estate ol David flumps, decease!, the undersigned, tbe administrator of the eatata of David Phillips, deceased, will cell nt, public auction, lo lho hi i.Jor for cisii lv U. H. gold pot-. ?\u25a0 o r . maticn .......;,i.,.. .... I MONDAY, THE SIXTH DAY Of JUNE, 1881, At eleven o'olodfc A*X., in front of the Sheriff's office, at the Court House of said county.in tbe city and county of Los Angeles,all tne right, title, interest smd estate of tha said David Phillips at tbet me of his death, snd ail tho right, title and interest that the said estate has, by operation of law or otherwise, ao< quia .1 other than or iv addition lot hat of tiio said deceased at the time 01 ins death, iv and to all that certain tot, piece or parcel of land situate, lying and being In the said city and county ot Los Angeles, State of California, and bounded uud deeribed as follows, lo wit: Lo! No. sof block 101, Bellevue Terrace Tract* according to the survey oi said tract made by Frank Lecouvreor. Said lot fionts till lect on Olive street by 165 leel deep. Terms and conditions o' sil-j n si In U.B. gold coin,payable at timsoi sale, to be refunded should the superior Court lail tocoufirui the sale. J. A. GRAVES, Administrator of tbo estate of Duvlil Phillips, deceased. m7ld Notice of 8a!o of Real Es- tate. In the Superior Court of the county of Los Lo» Angelas, btate of California. In the matter of Hie guardianship of the estate of Louis Harmon, a minor, Notice Is hereby gjven that in pursu- ance oi an order of the superior Court of Los Angeles county, Statt* of CalllOi nla, made and entered on the6thday of May, A. D. 18»1, in the matterof tbe guardian- ship of the estate of said minor, the un- dersigned guardian will sell at private sale to the highest bidder forcash in gold coin of the Uulted States, and subject to tlie confirmation by 'said Court,on or alter WEDNESDAY, THE 18VH DAY OF MAY, 1881, AH the right, title and interest of paid minor in and lo all that cerium lot piece or parcel of laud situate, tjing and being lv the city snd county of Los Angeles, State of California,aad bounded and par- ticularly described as follows, to wit: Lot number (7) eoveti.in block number (8) eight, as appears by Ord'a smvey of the city ot Los Angeles. Terms and eonaltlon ol sale?Cash in gold coin of the United states. Deed at expense of tbe purchase, Bids or offers may be made at any* nine after ihe first publicai iou of tlii-i nof ice uud iie:ore making oi sale. All bids or offers must bo in writiug and loa at the office Ol Bit knell A \Wii(c,Nos 11, 12 and 18Tem- ple Block, Los Angeles oily, Cal ,or d - livsredto the undersigned personally, or filed with therlerk ofsaid Court, Dated this 6th day of May, 188. LuUls KOSDBR, Guardian of tho estate of Louis Hanuou, a minor. my 7-lw. Certificate of Co-Partnership of the firm of LAUTH & STSCKGB, KNOW ALL MEN BY THBSE PltKS- ENTS.thatwe, Phil. LSUtb, residing in the city of Los Angeles, county oi Los Angeles, an l Fred. Sleeker, residing in the city of Los Angeles, county ol Los Angeks, in tne istaio or California,da hereby certify and declare that we have ori.aulzed aud lormed ourselves into a 00-partnership, aud we covenant and agree each with the other, to be co-part ners for tbe purpose ot carry ing and con- ducting the uusiuoss of ourryingon ihe New York Brewery, in the elty of Los Angeies, county of Los Angelei, Stutu or California, under the firm numo and style of LAUTH a- SJIECKEK 'J hat the principal place of business of said co-partnership Is situated iviheotty ot Los Angeles, county of Loa Angeles, uud sta'e aforesaid. That tbe names of all the persons in- terested as partnows in such business are above stated and signed hereto, and that such partnership will continue and bo in force until farther notloe by us. In witness whereof we have hereunto set our hands and seals, this second day Of May, A. D. 1881. lSeal.l PHIL. LMTTH. LSeal.J FRIED* SiECKEK. STATE OP OALIFOIiNIA, . 1 . County of Los Angoles. \ bB On this second day ot May, in the yoar of our Lord one thousand eight, hundred and eighty-one, before me, a. W. Potts, County Clerk and ex-oltlcto Clerk of the superior Court In and for said county, personally appeared Phil. Lauth und Fred, hi celter, known to me to be the persons wuose names are subscribed to the within In- strument, and acknowledged to me that tbey executed the same. In wituess whereof, t have hereunto set my hand and affixed tlie seal of said Court, ihe day and year In this certificate first above written, I*Heal.| A. W. POTTS, County Clork and cx-olliclo Clerk of eaid buperlor Court. By E. H.uwen, Deputy. m 3 .Notice to CredltorN. Ia the Superior Court of Loi Ange- les county, IState of California, In the matter of ihe estate of MAT- THKW KELLER, Deceased.? Notico .is hereby given by tlie undersigned, execu- tor of the lust will and test* ament of MATTHEW KELLEK. deceased, to tbe creditors of and all per* Mm*having claims against thesalddo* ceased,to exhibit them, with the necessa- ry vouchers, within ten months after the first puohcatlon of this no lee, to me -aid executor, at. his plac-i of business, ihe Farmers' and Merchants' Bank of Los Angeles, In tho city of Los Antceles. nnunty of Los Angeles, State of Califor- nia. Dated May 14,1881. ISAIaS W. HKLLMAN, Executor of the last will and teats- msnt of Matthew Keller, deceased. . mylfMw LEGAL. Notice for Publication of Time for Proving Will, etc. In Uio Bnpsrlot Court, state of Csllfon.u, la Mil for Los Angoles county. Tv tbe matter of the estate of Jacob L, Wright, deceased. STATU OF CALIFORNIA, U? Cotm iy of Los Angeles, i aa " Pursuant to an order of this Court, made tnls day, notice Is hereby given that Saturday, the fourteenth day of May, IKS!, at. 10 o'clnok a. M.ot said day, vi the court room ot UUh Court, in the city and county of Los Angeles, has been appointed for hearing tbe application of Adallne VVxight, praying thai a document now ou til' 1 111 tliis Court, purporting to >>c tho las* will and testament ot Jacob L. Wright, deceased, be admitted to probate, aud t hut letters testamentary bo Issued theieou to sukl Adaline Wright, ar. which time uud place all persons interested therein may appear and contest the same. Dated May 2d, 1881. I Seal.] A. W. POTTS. County Clerk. By E. H. Owen, Deputy. mH-diud In tho Superior Court Of the county of Los Angeles, State or California. In the matter of (he estate of Maria A ntonla Villa do Riyes, deceased ? 3o- tlCS to Creditor*,?Notice is hereby given en by tne undersigned, JoseYsldro Tteyis, administrator, and i-'mnciaca i s, ad" miblstratrlx oi the est;*) of the said Maila Antouta Vila de Reyes, deceased, to tho creditors oi, and all persons having claims against said deceased, to exhibit them, with the necessary vouchers, tour months from the first puhitcal lon ot this notice, to tne said administrator and adminis- tratrix, at the oit'e-s of tbe'r attorneys, Messrs. smith. Brown & Hutton, attor- neys at law, rooms numbered 01, 82 and IJ3, temple nlock, in tue city of Los An- geles, State or California. Dated L"» Angeks, California, May 13th, A. D. 1831. J. YSIDRO REYES, Administrator of tue estate ot Maria Auioma Viliade Heyt-s, deoessSft, FRANOISQA KEYEB, Administratrix of tbe estate m Maria An lonia V ilia de Be* es, deceased. tnlStlm IN THE SUPERIOR COURT Of tht Slate of California, In and for the Couuty of Los Angeles. In the nmft.pr of I he estate of \ N tool is Quirolo, deceased, f It ring m this Court by the peti- i ion tbtsday pruaenicdand filed by Re' lugia tlie ad m in si ratrlx of the estate oi' Nicolas Qutrolo. deceased, praying for an order ot sale of real estate; that ItIs necessary to sett tho whole of the real estate lo pay the allowance to the family, the debts ou t- standtng against the deceased aud the debts, expenses and charges of admlnls- tratiom It is therefore ordered by the said Court, that ail persons interested In the estate ol said deoeased appear before the said Superior Court ou* Monday, the twentieth day of June, A. D. 1841. at ten o'clock In the forenoon of said day, at the court-room of said - uperior Couri, at the Court House, in the city and county of Los Angeles, to show cause whyan order should nol be granted to the. said admin- istrHtnx to sell su much of the real estate of the said deceased us shall be neces- sary. And that a copy of this order be puo- llsbed at leant four successive weeks In the l.os Angoles Dally Herald, a news- paper printed and published in said city and county. V. E. HOWARD. Bnper'or Judge. Dated May 16th, 1881. I hereby certify tho foregoing to be a full, true and correct copy of the original order to snow cause, etc.. In thn estate of Njc >laa Qutrolo, deceased, on file iv my office, and that I have carefully com- pared the same with the original. in witness whereof, I have hereunto «ct my h <nd and affixed the seal of the Supsi lor Court, this 15tu day o; May, 1881. [Seal.] A. POTTS. Cters, By E. H. owfn. Deputy. ml7td In the Superior Court Of Los Angeles County, State of of California. L. W. Klrby, nn Insolvent Debtor, vs. His Creditors. Tho petition of Mcritz Meyberg, as- slgneeof L. W. Klrny. above entitled insolvent debtor, coming on regularly for hearing this day, and it appearing to the satisfaction of this Court that there has been a failure of proper publication of notice to creditors of said Insolvent esta c of said hearintr, by reason of the laiiuteof the Clerk of this Court to mall or to serve personally said creditors with copies of the order heretofore made setting th s matter for h*arlug, as or* dered hy this Comt by order made and tiled ol date May 4,1881. It Is hereby ordered that the order hereinbf fors made on the 4th day of May, 1881, setting the petition of the said assignee for sule of assets of said Insol- vent * state for hearing May Iti, 1881, aud directing no ire of said hearing to by given, be declared null and void,and on motion of counsel for said assignee the said ordtrls hereby set aside aud vaeat* ed; uud, It appearing to the Court from the re .Mis herelu that Merits Mey- berg, assignee of L W. Kliby, above-en- ttttcd insolvent,did on the 4th day oi May, ins , presentioand flleinthisCourt his petition praying for an order to sell all the property of said estate lv him vested as such asslguee at public auc- tion: Itis hereby ordered that MONDAY, THE BOTH DAY OF MAY, 1881. at tho Western Court Room of this Court, at the court House, In the city aod county of Los Angeles, stale of Cali- fornia, at the hourof ten o'clock a. m., be set for t he hearing nf said petition. And that this order be published In tbe Dully H«-rald, a newspaper uf general Mrcdlatlon, published in the city and couuiy of Los Angeles, Htate ot Califor- nia, as often ns tue said paper is pub- lished belore the said day set for the hearing of said petition; aud that a copy of this order be served by the Clerk of this Court for.hwiih by United States mall, posUee prepaid, or personally, on all creditors named In the sobedule. Dated May 10,1881. V-. E. HOWARD, myl7(d Judge of tbe superior Court. "proposals For tho Purchase of Forty-Six Bonds of the County ot Los Angeles. OFFICE OF THE TRCAYiLORFR OF TUB 1 COCJXIY OF LOS ANOSIiES, \ Los Angeles, Cal., May 18,1881. J In accordance with a resolution of the Board or Supervisors of Los Angeles county, dated Ihe fourth day of May, ism. sealed proposals will be received by thu Treasurer of the county of Los Ange- les, at his office, Iv the olty and county ot Los \ngeies,until 10 o'clock a.m. on June oih, 1881, lor the purchase of forty- six bonds of the county uf Los Angeles, of oue thousand dullars each, bearing interest at tue rate of six per cent, per annum, interest payable semi-annually, ou the lirst days of January and July of euch year, both principal and Interest payable iv gold coin of the LTnUed states, suid bonds to run from the first day of July, 18-41, to tbo first duy of July, 1901. or puynble at any time beiore maturity, at iii.' pleasure ol tbe county. Said bonds are Issued by the Board of supervisors ot Los Angeles county, un- der the provisions of Chapter 11. of the Political ( ode oi California, ami in con- formity with a resolution of said Board dated the fourth day of May, 1881. i-roposa.s willbe received for purchas. Ing auy or all of said bonds. The county reserves the right to reject any or all proposals. M. LINDLEY, Treasurer of Los Angeles Couuty. By E. F. Sr*ENCE, Deputy. ml4-8w XO COJNTKACTORSi MAIZELAND SCHOOL HOUSE. Proposals will he received for building the above nchnol house on or before 17th of May, lt-81,by tbo Trustees. riaus to be seen at the office of Kysor A M'.tgan, architects, Los Angeles, from the7th-to 12tb ot May, 1881, aud at tbe home of tbe Trustees from the 13th to 17th ol May, 1881. L. L. BFQUETTE, J JOHN TWEEDY, Trustee* MairelaudSchool nt«»*-«ct Xsprsss sopy. ja*4o4

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Page 1: Daily Los Angeles herald (Los Angeles [Calif.]) 1881-05-18 ...€¦ · Wllksbarre to impose a tax forpo lice purposes ou bowling alleys aud billiard tables, *? uud also auctioneers,

The City's Power to Enforce theLicense Ordinance.

IM SUPERIOR COURT, HOWARD, J.In the mailer of George W. Mor-

gan, on habeas corpus.?The mit-timus io this ease was issued byJustice Adams In pursuance ofArt. 5, 800. 12, of tha Revised Obnr-tar, wbioh In case of the absence oftha Mayor, or bis inability to act,ba may select and deputize anyoneof tbe Justices ot the Peace in theolty to act in his place as Judge ofMid Court, which Justice duringtha term of his substitution shallbave the same power and performtha duties of said Court. The pre-BUrnptlou is that the selection wasregular, nothing appearing to tbecontrary.

It appears that Morgan on the20th day of May, 1881), was convict-ed ofa misdemeanor in uulawFullyconducting aud carrying ou withintbe corporate limits of the city oflios Angeles, for bis own benefitand profit, tbe business of real es-tate agent without first having ob-tained a license from tbe authori-ties of the city of Los Angelea, amifined in tbe sum of thirty dollars,or to be imprisoned in tbe countyjail of Loa Angeles couuty at therate of one dollar per day until thesatisfaction be paid, not to exceedthirty days, in default of paymentthereof, aud being held in impris-onment under this couvictiun hasaued out this writ on the grouudthat the complaint states no crimeor offense under the statute confer-ring authority on the city to pas-the eydluanoe in relation to thelicense of real estate agents orbrokers.

There was an appeal in this caseby defendant to tbe Superior Court,and Judge Sepul veda bold tbe con-vlotion regular and valid.It would seem that in tbe ab-

nenoe of an appeal to the SupremeCourt that Judgment should be heldfinal and res ad judicata.

It would leau to a conflict of ju-risdiction and oonfusion if a co-ordinate Superior Court were to re-verse a judgment of the otherbranch of the Court on a writ ofhabeas corpus. That C nirt. held,in effect tbat the ordinauce wasvalid, tbe offense a misdemeanorand the couv.ctiou valid. To holdthat judgment void would In effectbe a reversal on writ of habeas corpua nf its own judgment by thesame Court.

Tue cue of Kearney referred toby counsel bas no application, asthe Supreme Court held tbat thePolice Court of San Francisco wasone of special limited jurisdiction,?nd tbe proceeding showed no ju-risdiction either of the person orthe subject matter. If the judg-ment of tbe Superior Court wereopen to inquiry, Ihave no douotthat tbe decision w»- correct.

Tbe oharter as amended March30th, 187-1, Sec o, declare*: "TheMayor and Council shall have pow-er by ordinance to provide lor thelicensing, regulating, restraining,suppress:ne; aud prohibiting, oreither of or all hawkers, ped-dlers, pawn broker*, dance cellars,melodeons, shows, circuses, billiardtables, bowliug aud ten-pin alleys,faro banks, gaming witii cards,games of chance, gambling houses,tables or stands, bawdy housjs, thekeeping of bees within thecity lim-its, and any aud all nuisances, andoffensive, immoral, in l< cent or dis-reputable places, business and prac-ticss, or eitber, in said city; also tvlicense the carrying on und con-ducting of any uud all prolessions,trades, callings, occupations or oth-er business of any person, naturalor artificial, within the orporatelimits of said city; to fix theamount of license tux thereon andtobe paid therefor, ut such sumsrespectively as said Council shallthink equitable and jti-t, and may,in the name and for the benefit oteald corporation, impose iv suchmanner as it eees proper to prescribe, tbe payment of such licensetaxes by suit, either with or with-out attachment, in the properCourt, under the laws of the State,or by fine or imprisonment, oreitber, or in such oilier manner usin said ordinauce may be provmed."

ItIs not deuied that the Legisla-ture may impose licenses iv theshape of t<ixe>, and may authorizethe exercise or the power by munic-ipal corporations.

In MeCllotock vs. Maryland,4 Wheat., the Supreme Court of

?the United States says: "Thepower of taxing * ? * Is essentialibe very existence of government,and may be legitimately exercisedon the obiects,to which it is appli-cable to the utmost extent to whichthe government may choose to ent-ry it."

In Railroad vs. Pennsylvania,15 Wallace, the same Court held,Field, J.: "Tbe power of taxation* * * is necessarily limited tosubjects withiu the jurisdiction oftbe State. The subjects ure per-sons, property and business. What-ever form taxation may assume.Whether duties, imports, excises,or licenses. It must relate to one ofthese subjects "This ordinance was before theSupreme Court of this State in thecase ofAh Toy aud held valid astbe exercise of the police power asto peddlers.

In the case of Brooklyn vs. Ber-lin, 57 N. V., an ordinance of thecity Imposing a license of the ueof carts was held valid as an exer-cise of tbe police power. But suchregulations are equally validwhether treated as the exercise oftbe power of taxation or police.Burroughs, p. 392.

ItIs well settled that tbe Legis-lature may delegate the power oflicensing trades or occupations tomunicipal corporations. Hill nnMu. Corp, Sees. 38, 591, p. 694;Cooly on Taxation, p 408.

Itis contended, however, that in-asmuch as tbe charter does men-tion certain occupations and omitstbe terms real estate agents, tbecity authority under the word.:"Also to license the carrying ouand conducting of any and all pro-fessions, trades, callings, occupa-tions or other business," derives nopower. There are cases that seemto sustain this view, hut I thinkwhen examined they will h \u25a0 foundto differin terms from tbe Los An-geles Cbarter.

It le said In Burroughs on Taxa-tion, p. 162: "A law imposing atax on oertaiu specified occupa-tions, and on other employmentsincludes lawyers." A differentconstruction would fail to give anyeffect to the language employed.

There oan be no doubt that Itwastbe intention of the Legislature togive the power te the olty author-ities to require ? license for all oo-

oupations. It does not follow thatthe Council Is required er will de-maud a license for all occupationsor business. The charter gives pow-er to seleot and the exercise of dis-cretion.

Tbe rule of Interpretaion Is thusstated by Chancellor Kent, 1Comm., 510: "itIs an establishedrule, in tbe exposition of statutes,tbat tbe Intention of the law-giverla to be deduced from a view of thewhole.and every part ofthe statuts,taken and compared together. Thereal intention, when accurately as-certained, will always prevail overtbe literal sense of terms. Whenthe expression in a statute is specialor particular, but tbe reason Is gen-eral, tbe expression should hedeemed general."

Chapter 3d of tbe Political Code,conferring powers on tbe CommonCouncilor municipal corporations,Section 4408, declares tbat theCommon Council ehall bave power:?To provide for tbe Unending anyor all business not prohibited bylaw, and fix the amount of licensetax for the same." Uuder well set-tled rules the cbarter is to be con-strued with reference to the generallaw and the whole legislation ontbe subject.

The construction of the powers,of the Common Council on the tub-j.'ct of license Is eoaroely uu openquestion. In the case of Baora-mento vs. Charles Crocker, 16 Cal ,thequestlou was presented of thepower of the corpoiation to exacta license of a merchant when thebusiness of the merchant was notspecially mentioned. The languageof tbe charter of that city was:'\u25a0The Supervisors shall bave powerto fixand collect a license tax onall theatres, shows, exhibitions, orother places of amusement, mid onall trades, professions and busi-ness."

Cutler tbe argument of counselintblscase the right to impose alicense would bave been limited totheatres, shows, exhibitions andplaces of amusements; but tbe Su-preme Court gave effect to tbe gen-eral words, and in relation to ibisojeation said: "Itis a sufficientanswer to say that by the thirdsection of the Consolidation Act of1858 (Stat. 26SJ power is given tothe Board of Supervisors to levytaxes, aud oanse the same to be col-lected; and by tbe fourth section(269) the Board bas power to fixand collect a license tax on * * *all trades, professions aud business» * *. There is no doubt that thesending of merchandise is a busi-ness withiu the meaning of thestatute." To the same effect isSacramento vs. Stage Co., 12 Cal ,134.

There is little doubt that a realestate agency is a business wllhiuthe meauing of tho charter of theCity of Los Angeles.

The defendant's counsel has re-ferred the Court to the ca-e of But-ler's Appeal, 7J Perm, St., inwbicb it was decided that: "AuAct authuriz.'d tlie Council ofWllksbarre to impose a tax for police purposes ou bowling alleysaud billiard tables, * ? uud alsoauctioneers, or other venders ofmerchandize or other articles ofout-cry, * ! * aud all otberplaces of business or amusementscouduuted for profit," did not au-thorize a tax on merchants, bunk-ers' business," etc.

He has also referred the Court toCity of St. Louis vs. Laughliu, 49Mo,, iv which it was held: "TbeCharter of the city of St. Lnuis,approved March 4, 1870, providedthat the Mayor and City Councilshould have power to license 'auc-tioned, grocers, merchants, retail-ers, hotels, * * * hackneycarriages, omnibuses, carts, draysaud other vehicles, aud all otherbusiness, trades and avocatious orprofessions whatever. The pro-fession of 'law' was not speciallyenumerated. Held that under saidprovision the City Couucil of St.Louis had no power to pass an or-dinance levying ou attorneys-atlaw. The rule is, wbeu generalwords follow particularoues to con-strue them as applicable ouly toperson.-, or things of the same gen-eral character or class, Aud iv thecase mentioned the profession oflaw was not ejusdem generis, audcould not be embraced iv the pur-view of the Act." The Pennsyl-vania cuss goes on the sameground. All the cases assert thatit is a question of legislative inten-tion, aud it cannot well be doubtedthat It was the intention of theLegislature of California in tbeLos Angeles Charter to enlarge totho particular by the general wordsemployed, so to authorize the taxation of real estate agents, audother business.

The Pennsylvania an.l Missouricases in their application to thissubject are iv conllict with the de-cisions of Louisana, aud especiallyof California, which this Courtisbound to follow.

The Act of the Legislature ofApiil 4, 1850, declares that, "A lth it tract of lauil included withinthu limiis of Ihe pueblo of Los Au-gules, as heretofore known and ac-knowledged, shall henceforth beknown as the city of Los Angeles,and said city is hereby declared tobe incorporated according to tbeprovisions of the Act entitled'AnAct to provide for tbe incorporationof cities;'approved March 18(11),185(1," page lo>. ihe 11th section of1800, page 88, providing for tbe In-corporation of cities, gives to theCommon Council of all cities thepower "to provide for licensing anyor all business not prohibited bylaw; to fix the amount of licensetax for the same." This provisionhas been retained In all subsequentamended Los Angeles charters, ai dthe power constantly exercised.This must be regarded as settingthe law on the subject, both by leg-islation and usage; 23 Pic, SpauU-intr vs. Lowell.Itwould seem that this course

of legislation aud practice, runningthrough thirty years, should be re-ceived as the settled construction oftlie charter as to the license of oc-cupations. The defendant Is re-manded. Howard, J.

$0* gknflrta: QttM.

FOR SALE.

THE SISTERS OF CHARITYOFFER THE

Los Angeles InfirmaryAND GROUNDS FOR SALE.

Tbe grounds are highlyImproved andcontain a large number or bearing or-ange, emon and deciduous trait trees.

MS For torma apply oa the premise..Jang

SOA ROC OOOOa-Books, Photos,?

*n. Sample cauilogns 3CIS. ParisBock Co., Chicago, 111,

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LEGAL.

Sale of Real EstateBy Administrator with tho Sillannexed.

In the Superior Court of Loa Ange-les County, state of CallforoiA.

In re the estate of Rosa Isabella D.Baldwin, dcoeasod.

Notice Is hereby given that in pursu-ance oi the t>rd«r ot said Superior Courtof thu county of Los Angeles, Stale otCalifornia, made ou thet» v day <>; May,A. D. 1881, in the matter of the estate oftlosa Isabella v. huldwlu,deceased, theundersigned, administrator with tuewillannexed of said estate, will sell atprivate sale to the highest and best bid-uer lor Gash and subject to the confirm-ation ol suid Superior Court, all tlieright, title, interest aud estate ul' thesaid deceased al the time of herdeaib,aud ail the light, title and interest thesaid estate has, by operation of law orotherwise, acquired other thuu or in ad-dition tv that ut thu suid deceased at thetiuw ol her death in uud lo those certainiols, pieces, or tracts ul luud lying uudusing in itie couuty ol Los AngSltS. Stateof California, aud described us follows,10 Will

First?Commencing St A forked willowtree about 8 inches through, markedi i),In black paint, wlncU is situatednear tne bank oi the RaDjnor irrigatingditott and corresponds with and is Sia.16of*survey made in December, 1870.oy ii, M. Jouusou ul' tue irrigable it.a viiue Kanciio Los r-euz, reiereuco toAllien is hereby mure particularlymade; thence, fulluwing the mesnuSfuuu vi said survey LH degrees W oneL-uaiii aud kSvSOty?Sight links; ihence Nio^idegrees E 2.75 chums; tiISACe 012*.?egrets 1.75 chains; thence 18J4 de-grees W9 5i cnaius; theueo N 32' 4 de*

trees c 2u/ euains; thence lh 'iTtidegrees2.01 chains iv station 2j ol Johnson's

survey; theuce w 78:4 degress £1 28.88chain*; thsnoe s iu;-4 dtgiees 26.81juuius; tueuco st 1* degree* Wio t>uchaius; thence N cv degrees W 800iJliuius to tue point oi beginning the lu-tai uieu oi the laud hereby conveyeduelug 01 \u25a0)\u25a0 I i' acres . 1 lund.»tiiouu-.iuu the oue-uith interest in

aboUL3 800 acre-, oi tout certain tract olland situate, lying and being in thecounty ul Angeles, elate oi Caiifurvia, uud mure purticulaity described asfuliuws, to wit: Commencing ul thenver ul Lus Angeles, at, an unK Uee, v

\u25a0 uud'imtrk of lue raucho cai led *'Provi-deneia," near v lim jailu, aud runningthence souiuwesLeriy aioug tne U.»uuu-ary liueuitaid Uansho Lv ProvidenciaLvthe Aliso tree of tne nopaleio; tuencueasterly to the uAguaga uu Mocuvenga;"Lheuce lo a point iv liuillOflhS "Aguageuel Suucito;" thence in another suu.gbtline pusstng direct iy through theroriezueia lo the river ol LosAugeies; theuce up thu cnauneiof thu said river u» the place ofoegiuuing, tue laud hereby ueaeribedbeing upjrtof the Kancuo LosFsllSigranted io Maug. Yguacio Vsrdugo byttlauuel Michuuorena jSlurcu 1811,??aViug uud e&cepLiug from the lastabove described tracts ccriaiu parcel ollaud described us follow*1 Commencingat a redwood stake in mound of blouesmarked I*.D.s. 1, 4X4 Inches in diame-ter aud distant lv UuUs from the centeroi the Canal and Ke.-ervoir Company'sditch and on north side of same, Iromwhuuu poiul a l.ve-oak tree abuut 4 feetin diameter uud marked ii. T. w. i.P. D.,

N degrees E 277 ciiuius dis-tant: auoiuer nve-uuk on oppesno sideoi UeaervoirCompany*\u25a0 diicu aooui-ifcit-et in diaiutttr, biased aud marked ii.r« N.Sfe). IP. D-i hours S 60V S degrees E4 28chainsuMblunt, and is ou tne Westbaua of a small gulch; lheucti running alew Unas iv the uortuwurd uf Ue&ervuirCompany's ditch M 75.'4 degrees W 022cnaius to sandstone rock uud stakemarked H. 2,8iUuks from center oi diuh(rum which poiul v Jive ujk lieu übuULjjftlectin uiaiiieter near edge ut'ditch

dtgseefl W 0.2 icnaius di-t--iuut, uuoiher nve-uuk noout tame sizeueais N degrees VV SbOUt ij.OOl'liams

ulsLaui anu fct* corner of Jose Paco'saaoue house tears N 4u degrees E 4.47chains and is I.UB chains Jong by 27 linkswide; usycumoie treu stands about cen-tre oi rear uf nuuse and is about 78 linksdistant irom house t another large live-oak on north side of ditch anu immedi-ately ou edge ol same bears s 06 degreestfll*2Bonsins umlaut; theuce loiiowingHeseiVoir and Uanal Company's ditch up\u25a0trssm N degrees w 8.87 chains to aslake 10 Unas uistuut from center uldnch aud uimked s. s; thenoeN 88)4 de-gress W 2.01 chains tv a stake 27 nuksdistant from center ol ditch aud markedS*4; thence S 67degrees w l,Bs chainslvv siake 27 uuks tium center ol ditchand marked s. o; thence N si;-4 degieesWB.U3 chains tv a stake 17 links irumcenter of diicu antl marked S tj; thenes

sjidefiTie-Mi W 1.24 cnaius loa slake 11iuias from center uf ditch and marued S.7; ihence N VV 2«o2chains tva stake 10 links iroui center of ditch andmarked a. 8; theuce M 18)j£ dtgreea E 4.uscuains to a staae 11 links from center ulditch and mai ked s. tt; theuce N 2 de-grees W 0.18 chains tv a stake distuut io

? inksfrom centei of duciiunU maikediv; thence JN gSHdtgress VV 0.07 cnaius toaslake 3a huks irom center oidi.ch andmaikcdw.il. Hum wnich poiut a live-oak tree 3feet in diameter on Hi side oiduch bears a 2wi4 degrets E 60 links dis-tant; another live uaa same sue, tamesiue ul uitch, bears a 48l4 degrees EBOfinks distant; theuce along duch uu hill-side JN W y.iO cliains tua stake11 links Hum center ul diicn uutl mai kedtj. 12; theuce JN '-.>>\u25a0 4 dtgrees w 0.82 chainsto »utko io uuks trom center ofduon andmaiked S. lii; thence in 4oi-+ degrees W"i.yi cuums io a slake marstd s. 14;LUeuce > degrees E 14.03 chains to a*iiiowslump oiazcu aud marked wit-hblack paiui a. lo; ihence atuug ditch andedge ot email swamp N 9%degrees \v l.'.achains to a stuke lo uuas Irom center oldiich and inartved S. 10; theuce A de-grees E 2.75 chains to a stuke 8 lings tromecu er oi uiicn aud maiked w. 17; thence30894 degrees E i.7fi cualus tv a stakems> aed n, 18, on easterly side of flood*g*ie; theuce N i'iya E l.yuchains,alung ceuteroi ruunlug water vi ditcliand lurougu a deep cut wnich crosse-milou poiul ot wnich is located houseof ti. Pacu to stase marked S. 10; thenceN3i4 degrees W 2 *:8 ciiuius tv a slukemsiksdch 20; thei.ee N 104 degrees W

chains, to a stake 20 liukslrum center?ji uiicn uud mai ked s. 21; ihence .n %i%aegrees E 2.87 chains tv a stake 18 linksfrom ceutie ol ditch and marked fc. w.theuce N 6'% degrees ti 201 chains tv?aatte marked S. V8; theuce iN 4J 4 degreesW 4.47 chains lvstake 26 Uuas fium uitchaud maraed rt. 2i; tueuce it degreesvV 4.16 chains to a htane IS link,fromditch and marked s*. 86j tiiencu agrews E ch.lbS to a slake loiiuusiromceuterof diicu antl luaiked s. 20;tueuce N ll*idegrees w 2&2 Ohsluatoustake marked S. 21; thence uu side otuLi between duch and road JN Igyj de-grees w 2.b9 chains to sL.iko on edgi v;road maraed S. 28; thencu N 88W de-crees W 5.«7 chains to stake ou edge olroad aud mai ked n. 129] theuce N 20>4 de-gree. W 4.87 chains io a stake ou uldi.cb uud m«rked yj; thence a.vugedge of ditcn > Hi di grees W 6UU chainstostskc on e«ige of load and marked SAl; thence N degrees \V 4.01 cnaiuslva stuke bet ween road and ditch andmarked S. 3i; thence along Canal undReservoir Oompany's dhcu H 2JttdegieesW o.iO chains to a stake marked H* 98;theuce following meandeis ofriver bankN degrees f, 4.70 chains to a stake athead ol deep wash and marked 5.34;Lhence N 41m decrees E 3.01 chains to aatake ou edge of bunk marked 5.85 lLhence N 26 degrees E 4.*.0 chains lo astake on westerly side of zanja marktdH. <J8; theuce N 45J4 degrees E 10.00 chainsto stake marked a. 87; tbtmce is 18 de-greesK 1.07 cualus to a stake marked S

44. from which poiul a willow tree mark-ed B. T.S. 38 P. D. bears N fIM degrees EtHlluks distant; theuce s 7«>4 degrees t,12.70 chains to stake marked «. 39; tueuce-i 2454 oegreos *; 7.04 chains to stakemarked w, 40; tnenne S 7)4 degrees E 8.00chains to slave maiked a. 41; thence n 4degrees W 14.81 chains to stake markedS. 42; thence 8 2% degrees *; li.ozcnaius to slake marked ,s. 43; theuce574J4 degiees E LH chains to oak postIn line ot willow fvnee marked s. 44 P D.;thence H. LuJ4 dfcgrsea W. 31.42 chainsalong said willowfence to staae in Hueof fence aud marked s. 45; ihence H,degrees E. 15.1f> chains to stake markmiS. 40; thence S. degrees E, 11.58 chainsto stake marked a. 47; theuce s. de-grees E. 8.b5 cbaius to stake marked s.ii; tbeuce 5.38 degrees E. 12.37 cbains topmst in line of willow lence ut lutersec*Lion of said f«uce wiLh L. A. C.VV.W. Co'sd'tch and maraed P. D. s. 40; tbence s.83?4 degrees \V. 808 chains sloug livewnlow fence to stake marked S. 50*theuce N. 77 degrees w. 59 chainsto stake marked S. 51; thence s.58 degrees W. 083 chains io stakemarked S. 52; theuce s. 22?4 VV'. 14 60chains to stake marked S. 63; thence s.IIW degrees W. 10.13 chains tosLaße4x4inches Indiameter in mound ot stovesand marked P. D. H. l,the plHne of begin-ning and containing 823.3109J ucrcs oflaud and being the same tract of landwitblu tbe exterior boundaries of whichis included the 61 acre tract hereinbeforedescribed, and nil of said lauds beingwlthtn the - exterior boundaries of the

Ssncho "Los teliz" and forming v partlereof.Also, ail the water rights, easemeuts

and servitudes to each or said differenttracts belonging or lv any way apper-taining.

Mala sale will be made on or after theBTH DAY OF JUNE, 1881.

Allbids or offers must be In writingand will be received st the office ofMessrs. PhillipA Baldwin, No, 57 Mainstreet, Los Angeles city, Cala,, or may be

LEGAL.

delivered to the administrator persoual-ly.or filed with tbe Clerk of said superiorCourt, at any time after tho first publica-tion of this notice and before the makingof the sale.

Terms and conditions of sale? Ten percent, or the purchase money to be paidupon notice of acceptance ol bid.balunceou cofirinaiton ol sale by said SHperlorCourt. Deed at expense of purchaser.

Dated Los Angeles, Cat., May Ocb, 1881.JOHN M. HALDWIN,*

Administrator with tbo will annexed ofthe estate ofKusa Isabella D. Baldwin,deceased.Eastman, Hal(*y,King Koiurts, At-

torneys lOr the estate.

Notice of Administrator'sSale of Real Estate.

"VTOTiOK is hereby clvrn that in pursu-A\ Alice of the ordtri 1 tlie Superior Court

ol tho couuty of Los Angeles, htate of Cal-ifornia, mads on the 7ih day of March,1881, lv themailer of the eitatS*Of J. U.Mleheoer, deceased, iho undersigned,the administrator of said estate, will sellat private sale, to the highest bidder, forcasii Ivgold coin of the United Slates,aud subject to confirmation by said Su-perior Court, ou or afler

FRIDAY, THE 27TH DAY OFMAY, 1881,

All the righl, title,interest and estule oithe said J, U. Mlcueuor, deceased, ut thelime ol his death, and all ihe right, titleaud interest lbat the said estate has, byoperation of law or otherwise, acquiredoilier than or in addit ion to that of thesaid intestate at the time ol his death, inuud lo all those certain lots, pieces, par-cels or tructs ol laud, situate, lying andbeing lvt he cotinry ofLos Angelts, Stateol Cuiiioruin, and bounded and describedus follows, lo wit:

1? The N*\V% or Sec 31, T 7 S, R 7 \V, SB M containing 100 acres.

2? Lots 1 and 2. Sec 3d, T 7 S, B 7 W, S BM, containing 88 82-100 acres.

8? I'hoK *ot"S\V IX and VV <>f*SE ofSec 25,T 7S,It 8 VV, S B M,containing 100ucres.

4- 48 3(i-100 acres in the W X ofSec 2i, T 7 a, It 8 W, S B M.

5? Lot 4, see 26, T 7 8,118 W, SB M, con-taining 79 10-10i>ncres.

Terms and louditioas of Sale?Cash, ingold Com of tha United States. Deed nt ex-pen: oof the purchaser.

Bids or < ii 'is a »y be made at any timealter the first publication of this notice,aud before the making uC the sale.

All bids or > iLrs must bo In wiitintr, nndlett at the oflicn of H&stman, Haley, King &ltobarts. No. 8, Mohr block, tipriug street, ivtue oity of Los Angeles, or delivered to theundersigned perßuually, or Uled in the ollicevi tbeClvrkof the Huperior Cour;,

Datod M uch Bth, 1881.M. MENDELSOX,

Administrator of the esiaie ut j. o.MlOhener, deceased.

8. HALEY,niyff ? Attorney for Admiuistratur.

SHERIFf'S SALE.Execution No, 03.

In the Superior Court of the countyof Los AuLTt'lea, St?\t«' of Califor-nia.

J. M GRIFFITH, doing business]under the firm name and style |oi J. M. Oriffilh & Co., Plaiullll, j-

vs. IH. T, HAZARD, Defendant. J

Under and by virtue of nn executionissued out oi the Suiter lor Court ofLos Angeles county, alale of Califor-nla,on theOlh day ol May, A.D 1881, to medirected and delivered on the said Instmentioned day, for a Judgment renderedin said Court on the 9th day oi Murch, A.D.IHM), in lavorof J. M. CJrlflUb, doingbusiness under the firm nameuud styleof J. M. OrifiUb A Co., ptaiutifi, andagainst If.T, Hazard, defendant, 1 havelevied upou uud shall uu

SATURDAY, THE 28tb DAYOFMAtf, A. D. ISBI,

At twelve o'clock M. of saidday, piuceed to sell, at the Court Housedoor, in the city aud county ofLos Ange-les, of California, at public auctionio the highest and best bidder for cash,in United States gold coin, to satisfy saidJudgment, with interest, cosis audall accruing costs, all the right, title andInterest of said defendant, 11. T. Hazard,in and to the following descriued realestate, to Wit:

Situate inEast Los Angeles, county ofLos Angeles, Slate oi Caiilornia, to wit:Commencing at a poiut on easterly linoof Lecouvreur street, said poiut beingi he N W corner of lot No. 9, blk C, EastLos Angeles; running thence easterlyalong nort hei ly live ot said lot to the NEcorner thereof; thence SE to SE cornerof lots, ol said block CI lhence S W to NEcorner of lot 7 of said block C; thence SE40 leet to a point In the easterly lino oflot 7 of suid block; thence SWand par-allel to southerly line of Naid lot 8 to Le-couvreur street; theuce N westerlyalong the easterly line ot said Lecouv-letir street to the place ot beginning, saidland being lots 8 and 9 and the northerly40 feet of lot seven of block C, East LosAngeles, ns laid down on map recordedIn book No. 3, miscellaneous records,page 191-195. Los Angeles couuty records,and to which said map and the recordthereof reference is hereby made for fur-ther description.

Also, lots 8.1,7,8, 11,12. 15,10,21.24,20.28,c0add82, iv Hazard's subdivision oflot 10 of (iriflin's Addition to Eusl LosAngeles, as laid down and described up-on ibe map of said subdivision recordediv bookB of miscellaneous records, page538, recoids Los Angeles county, to whichsaid map and the record thereof refer-ence is hereby made lor further descrip-tion.

Given undor my hand, this 6th day ofMay, A.D. 1881.

WM. U. ROWLAND.Sheriff.

By J AS. 0. KAYS, Under Sheiill.

Under Foreclosure ot Mortgage.

Execution No. 49L

In the Surorior Court of tlie countyof Loa Augele-, Htate of Califor-nia.

A. BUIS WALTER, Plaintiff, )vs.

PIO PICO et al., Defendant.)

Under and by virtue ofa decree ol fore-closure and orderol entered In theSuperior Court aforesaid on the sth dayof May, a, D. 1881, and a writ of execu-tion for the enforcement ol Judgment re-quiring sale ot property under foreclos-ure of mortgage Issued out of saidCourt, annexed to said decree anddated the oth day of May, A. D. 1881, inthe above entitled action and in favor otAndres liriswalter, plaintiff, and againstPio Pico, J. H. Lucas, A. 11. Chapman,ibeodoreC. Porter, W.Woodworth, JohnHancock, the City of Los Angeles andMaria Martinez, defendants, a certifiedcopy of which said decree olforeclosure, duly «ties ted under theseal ol said court on tho Gth duy olMay, A. D. 1881, and delivered tome,together with tbo writ anuexed there-to, on tbe said last mentioned day,whereby I am commanded to sellst public auction, to the highest andbest bidder, for cash in United Slatesgold colu. tbe following and lvsaid de-oreedescrlbed real estate,to-wlt:

All those certain lots or parcels of laDdsituated intbe city ofLos Angeles, couu-ty ot Los Angeles, and stated California,ami more particularly described as fol-lows, to wit:

One lot bounded on tho north by themain plaza, on the east by tho smallplazaandthe lot formerly of Ocumpo;on the south by the lot formeily ot se-pulvf da and on tho west by Sanchezstreet.

One lot bounded on the north by theschool house (lot No. 1); east by tue lotof Pelauconl; south by tho lot of MariaMartinez, und on the west by Bathstreet,

Oue lotbounded on too north by theCatholic Church; fast by Mulu street;south by tho lot of Mrs. Sanchez, audwest bj the lotof the Gas Coinpauy; ref-erence beiug made for further descrip-tion of Hdd thr.-e tracts of lund abovedescribed to the mortgage from Plo Picoto Andres Brlswultcr, recorded lnthe of-fice of the County Recorder or Los Ange-les county, In book No. 21), page 359, etseq.

Public notlco is hereby give n that 'on

TUESDAY, THE 31st DAY OFMAY, A. D. 1881,

At twelve o'clock ,v. of saidday, I will procoed to sell at tlxCourt House door, in the City and Countyof Los Angeles, State of California, atpublic auction, to the highest and best bid-der, for cash in United States gold coin, ttsatisfy Baid decree for principal and interest,attorney's fees, costs, and all accruingcosts, ail the above described real estate, orso much thereof as mny be necessary tosatisfy said sums.

Oiven under my hand, this Gth day ofMay, A.D. 1881.

WM. R. ROWLAND, Sheriff.By JAS. C. KAYS, Under Sheriff.

' LEGAL.

8UMMlON 8.In tho Superior Court

Of the State of GalIfornix, lv a \u25a0for tbe County of Loa Angelas,Francisco Grazlde, plaintiff, vs. Oliver

Devillers, defendant.Action brought lvthe Superior Court

of (he stats ofCalifornia, In mm foribecouuty of Los Angoles, uud the com-plaint filed In suid county of Los Auge-les, in the office of the Clerk ot said Su-perior Court.

Tho People of the State nf Californiasend greeting to Oliver Devillers, de-fendnut.

You are hereby reqnircd to Appear Inan action brought against you by theabove named plaintiff In tho superiorCourtuf tlie state of California, iv andfor the county of Los Angeles, and lo an-swer the complaint Hied therein,withinteu ihi,s (e.M'luMve ot the day of service)utter t ho servico on you of thu summons?if served withiu this couuty; or, itserved elsewhere, withinthirty days?orJudgment by default will betaken againstyou according to the prayor of said com-plaint.

The said action is broueht to obtain adecreo of this Court tor the foreclosure ofa certain mortgage described in the saidcomplaint, ana executed by the said o.Devillers to C. Grazlde, ou the3'l day otOctober, 1876, to secure the payment of acertuiu promissory note, made on tbe 3dday of October, 1876, by O. Devillers, torthe sum ol $300 gold coin, with interestat the rate of iYAper cent per mouth iromdate until paid, and payable to the \u25a0aidC. Grazlde; that tho premises conveyedby said mortgage may bo sold, and (lieproceeds applied to tbe payment of 83uogold OOiD, with Interest at the rate of l%percent per mouth Irom October 3, 1870,and lor lvper cent as attorney's tees, asprovided for in said mortgage, and costsot suit: and in case such proceeds areuot sufficient to pay the same, then to ob-tain hu execution against shid defendantfor the balance remaining due; auuulsothat the defendant aud all persons cluim-lug by, through or under him, may bebarred aad foieciosed of all right, title,claim, Hen, equity or redemption and In-terest in and to suid mortgaged premises*and for other and Jurther relief.

Reiereuco is hud to complaiut for par-ticulars.

And youare hereby notified that ifyoufail to appear uud arswer the said com-plaiut, as above required, the said plain*tillwillapply to the Court for the reliefdemanded In tho said complaint.

Given under my haud and the seal orthe Superior Court of tho .Stale ol Cali-fornia, in and for toocouuty of Dos Ange-les, this 4th day ot March, in theyear ol our Lord.oue thousand cighL hun-dred and eighty-one.

LHeaJ.I A. W. POTTS. Clerk.By A. HIMPAU.Deputy.

Endorsed:VVADTEK D. STEPHENSON,

_mB-2m Attorney for phUnhiT.

Summons.In the Superior Court of the State of

California, lv aud for tho couuty ut LosAngeles.

The Farmers' and Merchants' Pank ofLos Angeles, a corporation, plaintm, vs.Cristoval Machado et al, defendants.

Action brought In the Superior Courtof the State of California, iv aud for thocounty of Los Angeles, and the com-plaint filed in Baid .county of Los Ange-les, in ihe Office of tho Clerk of said Su-perior Court.

The People of the Stale of CaliforniaROnd greeting to Cristoval Machado. Joa-quin Almada and T. D. Molt. HarrisNewmatk, Kaspar Cohu, Meyer J.New-maik, Morns A. Ncwniark, composingthe linn of H. Newmurk a Co., and l.Wiliellman, delcndants.

You are hereby required to appear innn action brought i»gaiust you by theabovo named plalntiiTin the SuperiorCourt of the State of California, iv andfor the county ofLos Angeles, and to an-swer the complaiut filed therein, withiuten days (exclusive of the day of service)after the service on you of this suuiuious?It served within this county; or, ifserved elsewhere, within thirtydays?orjudgment by default will be takenagamst you, according to the prayer ofsaid complaint.

The said action is brought to obtain adecree of this Court forthe foreclosure ofa certain mortgage described intho saidcomplalutaud executed by the said Cris-toval Machado to the plaintiff hereinon the tlrst day ofNovember, A D 1870. tosecuro the payment of acertaln prouiis-sory note of date Oct. 31st, 1870, for thesum uf 810C0, with interest thereon fromdate till paid at the rate ot 1)4 percent,per month; if not paid punctually to becompounded and bear hko interest; exe-cuted by defendant Cristoval M'tchadoto tbe plaintiff'herein (all in U. S. goldcoiu); that the promises conveyed bysaid mortgage may be sold and the pro-ceeds applied to tho payment of the saidprincipal sum of $luOo, with Interest atthe rate of oue aud one*half percent permonth,compounded monthly, irom the30th day of April,A. D. 1879; 827.48 taxespaid March 12, 1878; $33.03 on 20th March,187!); $21.04 paid on sth February, 1880;$15.00 paid Dec. 80,1880; §19.40 paid Febru-ary Ist, 1881, with interest thereon at therate of ix/9 per cent per month till paidIrom their resnective dates; counsel leesat the rate of 10per cent on the amountof lodgment recovered, and forcostsofsuit; and in case such proceeds are notsufficient to pay tho same,then to obtain nn executionagainst said Cristoval Mnchado lor thebalance remaining due; and also thatthe defendants and all persons claimingby,through or under them,may be barredaud foreclosed of all right, title, claim,lien, equity of redemption and interestinaudio said mortgaged premises, audforotherand further relief,

Reference is had to complaint for par-ticulars.

And yon are hereby notified that ifyoufall to appear and answer tne said com-plaiut as above required, the suid plain-nir will apply to the Court for the reliefdemanded In the said complaint.

Given under my hand aud the real ofthe Superior Court of the State of Califor-nia, m and for the county of Los Ange-les, tvis ftth day bfKebruaiy, in the yearofour Lord one thousand eight hundredaud eighty-one.

(Seal.) A. \V. POTTS, Clerk.ByE. li. OWEN, Deputy.

THOM A STEPHENS,mi3o 2m Attorneys tor PlaintUT,

Certificate of Partnership,Tho undersigned hereby certilles that

C. Raphael,a resided of tho city andcounty of Los Angeles, state of Califor-nia, doing business under the firm nameof C RAPHAEL *CO.. In said city, Istne only person in \u25a0aid tlrin, and that noother person as partner has any Interestlvsaid linn.

Witness my hand and seal, this lithday oi April, 1881.c. Raphael. [Seal,]

STATE OF CALIFORNIA, \uaCouuty oi Los Angeles, J"8,

On Ibis nineteenth day of April,in theyear one thousand eight hundred andeighty-one, before me, George A. Dobln-son, a Notary Public, in and for saidcounty of Los Angeles, personally ap-peared 0* Raphael, knowu tome to bethe same person whose name is sub-scribed toand who executed the annexedInstrument, and thereupon he duly ac-knowledged to mo that he executed thesame.In witness whereof Ihave hereunto setmy hand and affixed ray official seal,at my office, in the city and county ol

Los Angeles, the day and year in this cer-tificate first above written.I Seal.] G. A. DOBINSON,

Notary Public.

NOTICE.Having this day sold out my entire In-

terest in my PAINT AND OIL STOKEto C. Raphael, I recommend him to allmy friends and patrons who formerlydid business with me.

ap2o-4w B. RAPHAEL.

Assessment Notice.Los Angoles Miningand Smelting Com-pany?Location of works, Hasting

Springs, Inyocounty. California?Lu-catlouof prlttSlPtl place of business,Los Angeles, Los Augeles county,California,

Notloe is hereby given that at a meet-ing of the Board of Directors of suidCompany held on the thirteenth day ofMay, 1881, an assessment, number six (6),ofone dollar and seventy-five cents pershare was levied on the entire capitalstock of said corporation, payable imme-diately in lawfut money,to J. M, Elliott,Secretary of said Company, ut his office.No. 1 Temple Block, in the city andcounty of Los Angeles, State of Califor-nia.

Anystock upon which this assessmentshall remain unpaid on Tuesday, the 6tbday of July, 1881, will be delinquentand advertised for sate at public auo>lon;and, unless payment is made before, willbe sold on Tuesday, tbe 9th day of Au-gust, 1881, to pay said delinquent assess-ment, together with cost of advertisingand expenses of sule.

By order of the Board orDirectors.J. M. ELLIOTT,secreiajy.

Office of Secretary, No. 1Temple Block,cityand county or Los Angeles, Califor-nia. mM-tfw

?I^ll?? mmfitgw-MMm-^?

LEGAL.

SHERIFF'S SALE.Execution No. 507i).

Intbo Superior Court of Iho County ofLos Angelei,state of cullioruiu.

A. LOTHIAN,PlaintUT, )

LEVIS WOLFBKILI .'.Defondant.jUnder an J by virtue of an execution is-ened out of the Superior Court of ihocounty ofLoa Angelea, state «i Califor-nia, ou tbe ttli day of Hay, a. I) ISBI. tome directed und delivered on thu 13 bdayorMoy,A,D. ujSI) for a lud.mtntrendered In tbe Dlitiiot Court ol the 17thjuui nil District of .aid Bounty nf Lo,

Angelea,Htate of Calif rata, on the6lbday of June, A D. 1879. lv fnvjr ol a.i,'"',"!",', egabet LewisWolfakill, defendant, Ihave levied uponand hh.ilt on r

SATURDAY, THE 4th Day OFJUKE, A. D. 1881,

At 12o'clock H. of Bald duy, proceed lo\u25a0ell, at the Courl Hems * door, in the Oltyaud couuty ol Los Angeles, Male uf Cal-llornta, at public uucl.oii, to the highestanil best bidder, lor colli In U. is. Boldcoin, to sailsly mid judgment, Interestand costs, and all accruing costs, all theriant, title and Interest of.aid uefendautwhich he had ou the day when the Judg-ment was dockeicd or ul any Uuio luerc-auerin and lo:

First-All that tract or parcel of land,innate, lyingami being in ihe county oi~os Angelei, Suite of California, knownas tiu Baa tho Sao Jos-, reference beingniade lot nioic particular description tothe paieut of suid ranohn, as recorded Inthe oiiiceol the County Reourder ef laidcounty ol Los Angeles, iv book No, 2 ofpulems, page IbH et seq.

Second?All that l raet or parcel nfUndsituate, lying and being liiihe county ofLo. Augdel, State of California, knownns the Hanebo Addition to Ban dole, ref*rrouce being had for more p in leu .ar de-?orlptlon io the patent of sad ranotio, aarecorded lv thu olHce of the County lle--0 irder of Los Angeles county, Slateaforesaid, inbook No. Iof patent!, page113 ct seq,

Given under my hand thia 18th day ofMay, A. 1). 1881,W>\l R. ROWLAND HhcrllT.

ByJAs.C. Kays, Under Sheriff.

Administrator's Sale ofReal Estate.

Notice is hereby given that In pur.su.ance ol nn order of the Superior Coun olthe county ol Los Angeles, stale of Cal-ltorniu, made on the fourth day ol May,1831, In the matter of Ihe estate ol Davidflumps, decease!, the undersigned, tbeadministrator of the eatata of DavidPhillips, deceased, will cell nt, publicauction, lo lho hi i.Jor for cisiilv U. H. gold pot-. ?\u25a0 or.maticn .......;,i.,.. .... IMONDAY, THE SIXTH DAY

Of JUNE, 1881,At eleven o'olodfc A*X., in front of theSheriff's office, at the Court House ofsaid county.in tbe city and county ofLos Angeles,all tne right, title, interestsmd estate of tha said David Phillips attbet me ofhis death, snd ail tho right,title and interest that the said estate has,by operation of law or otherwise, ao<quia .1 other than or iv addition lot hatof tiio said deceased at the time01 ins death, iv and to all that certaintot, piece or parcel of land situate, lyingand being In the said city and county otLos Angeles, State of California, andbounded uud deeribed as follows, lo wit:

Lo! No. sof block 101, Bellevue TerraceTract*according to the survey oi saidtract made by Frank Lecouvreor. Saidlot fionts till lect on Olive street by 165leel deep.

Terms and conditions o' sil-j n si InU.B. gold coin,payable at timsoi sale,to be refunded should the superior Courtlail tocoufirui the sale.

J. A. GRAVES,Administrator of tbo estate of Duvlil

Phillips, deceased. m7ld

Notice of 8a!o of Real Es-tate.

Inthe Superior Court of the county of LosLo» Angelas, btate of California.

In the matter ofHie guardianship of theestate of Louis Harmon, a minor,

Notice Is hereby gjven that in pursu-ance oi an order of the superior Court ofLos Angeles county, Statt* of CalllOi nla,made and entered on the6thday of May,A. D. 18»1, in the matterof tbe guardian-ship of the estate of said minor, the un-dersigned guardian will sell at privatesale to the highest bidder forcash in goldcoin ofthe Uulted States, and subject totlie confirmation by 'said Court,on oralter

WEDNESDAY, THE 18VH DAYOF MAY,1881,

AH the right, title and interest of paidminor in and lo all that cerium lot pieceor parcel of laud situate, tjing and beinglv the city snd county of Los Angeles,State of California,aad bounded and par-ticularly described as follows, to wit:

Lot number (7) eoveti.in block number(8) eight, as appears by Ord'a smvey ofthe city ot Los Angeles.

Terms and eonaltlon ol sale?Cash ingold coin of the United states. Deed atexpense of tbe purchase, Bids or offersmay be made at any*nine after ihe firstpublicai iou of tlii-i nof ice uud iie:oremaking oi sale. All bids or offers mustbo in writiug and loa at the office OlBitknell A \Wii(c,Nos 11, 12 and 18Tem-ple Block, Los Angeles oily, Cal ,or d -livsredto the undersigned personally,or filed with therlerk ofsaid Court,

Dated this 6th day of May, 188.LuUls KOSDBR,

Guardian of tho estate of Louis Hanuou,a minor. my 7-lw.

Certificate of Co-Partnershipof the firm of

LAUTH& STSCKGB,KNOW ALL MEN BY THBSE PltKS-ENTS.thatwe, Phil. LSUtb, residing inthe city of Los Angeles, county oi LosAngeles, an l Fred. Sleeker, residing inthe city of Los Angeles, county ol LosAngeks, in tne istaio or California,dahereby certify and declare that we haveori.aulzed aud lormed ourselves into a00-partnership, aud we covenant andagree each with the other, to be co-partners for tbe purpose ot carry ing and con-ducting the uusiuoss of ourryingon iheNew York Brewery, in the elty of LosAngeies, county of Los Angelei, Stutu orCalifornia, under the firm numo andstyle of LAUTH a- SJIECKEK

'J hat the principal place of business ofsaid co-partnership Is situated iviheottyot Los Angeles, county of Loa Angeles,uud sta'e aforesaid.

That tbe names of all the persons in-terested as partnows in such businessare above stated and signed hereto, andthat such partnership willcontinue andbo in force until farther notloe by us.

In witness whereof we have hereuntoset our hands and seals, this second dayOf May, A. D. 1881.

lSeal.l PHIL. LMTTH.LSeal.J FRIED* SiECKEK.

STATE OP OALIFOIiNIA, . 1 .County of Los Angoles. \ bB

On this second day ot May, in theyoar of our Lord one thousand eight,hundred and eighty-one, before me, a.W. Potts, County Clerk and ex-oltlctoClerk of the superior Court In and forsaid county, personally appearedPhil. Lauth und Fred, hi celter,known to me to be the persons wuosenames are subscribed to the within In-strument, and acknowledged to me thattbey executed the same.

In wituess whereof, t have hereunto setmy hand and affixed tlie seal of saidCourt, ihe day and year Inthis certificatefirst above written,

I*Heal.| A. W. POTTS,County Clork and cx-olliclo Clerk of

eaid buperlor Court.By E. H.uwen, Deputy. m 3.Notice to CredltorN.

Ia the Superior Court of Loi Ange-les county, IState of California,

In the matter of ihe estate of MAT-THKW KELLER, Deceased.? Notico .ishereby given by tlie undersigned, execu-tor of the lust will and test*ament of MATTHEW KELLEK.deceased, to tbe creditors of and all per*Mm*having claims against thesalddo*ceased,to exhibit them, with the necessa-ry vouchers, within ten months after thefirst puohcatlon of this no lee, to me-aid executor, at. his plac-i of business,ihe Farmers' and Merchants' Bank ofLos Angeles, Intho city of Los Antceles.nnunty ofLos Angeles, State of Califor-nia.

Dated May 14,1881.ISAIaS W. HKLLMAN,

Executor of the last will and teats-msnt of Matthew Keller, deceased.. mylfMw

LEGAL.

Notice for Publication ofTime for Proving

Will,etc.In Uio Bnpsrlot Court, state of Csllfon.u, la

Milfor Los Angoles county.

Tv tbe matter of the estate of JacobL, Wright, deceased.

STATU OF CALIFORNIA, U?Cotm iy of Los Angeles, iaa

"Pursuant to an order of this Court,made tnls day, notice Is hereby giventhat Saturday, the fourteenth day ofMay, IKS!, at. 10 o'clnok a. M.ot said day,vi the court room ot UUh Court, in thecity and county of Los Angeles, has beenappointed for hearing tbe application ofAdallne VVxight,praying thai a documentnow ou til'1 111 tliis Court, purporting to>>c tho las* will and testament otJacob L. Wright, deceased, be admittedto probate, aud t hut letters testamentarybo Issued theieou to sukl Adaline Wright,ar. which time uud place all personsinterested therein may appear and contestthe same.

Dated May 2d, 1881.ISeal.] A. W. POTTS.

County Clerk.By E. H. Owen, Deputy. mH-diud

In tho Superior CourtOf the county of Los Angeles, State

or California.

In the matter of (he estate of MariaAntonla Villa do Riyes, deceased ? 3o-tlCS to Creditor*,?Notice is hereby givenen by tne undersigned, JoseYsldro Tteyis,administrator, and i-'mnciaca i s, ad"miblstratrlx oi the est;*) ofthe said Maila Antouta Vila deReyes, deceased, to tho creditorsoi, and all persons having claims againstsaid deceased, to exhibit them, with thenecessary vouchers, tour monthsfrom the first puhitcal lon ot this notice,to tne said administrator and adminis-tratrix, at the oit'e-s of tbe'r attorneys,Messrs. smith. Brown & Hutton, attor-neys at law, rooms numbered 01, 82 andIJ3, temple nlock, in tue city of Los An-geles, State or California.

Dated L"» Angeks, California, May13th, A. D. 1831.

J. YSIDRO REYES,Administrator of tue estate ot Maria

Auioma Viliade Heyt-s, deoessSft,FRANOISQA KEYEB,

Administratrix of tbe estate m MariaAn lonia V ilia de Be* es, deceased.

tnlStlm

IN THE SUPERIOR COURTOftht Slate of California, In and

for the Couuty of Los Angeles.

In the nmft.pr ofIhe estate of \N tool is Quirolo, deceased, fIt ring m this Court by the peti-

i ion tbtsday pruaenicdand filed by Re'lugia tlie ad m in si ratrlx of theestate oi' Nicolas Qutrolo. deceased,praying for an order ot sale ofreal estate; that ItIs necessary to setttho whole of the real estate lo pay theallowance to the family, the debts ou t-standtng against the deceased aud thedebts, expenses and charges of admlnls-tratiomIt is therefore ordered by the said

Court, that ail persons interested In theestate ol said deoeased appear before thesaid Superior Court ou* Monday, thetwentieth day of June, A. D. 1841. at teno'clock In the forenoon of said day, at thecourt-room of said - uperior Couri, at theCourt House, in the city and county ofLos Angeles, to show cause whyan ordershould nol be granted to the. said admin-istrHtnx to sell su much of the real estateof the said deceased us shall be neces-sary.

And that a copy of this order be puo-llsbed at leant four successive weeks Inthe l.os Angoles Dally Herald, a news-paper printed and published in said cityand county.

V. E. HOWARD.Bnper'or Judge.

Dated May 16th, 1881.

I hereby certify tho foregoing to be afull, true and correct copy of the originalorder to snow cause, etc.. In thn estate ofNjc >laa Qutrolo, deceased, on file ivmy office, and that Ihave carefully com-pared the same with the original.

in witness whereof, I have hereunto«ct my h <nd and affixed the seal of theSupsi lor Court, this 15tu day o; May, 1881.

[Seal.] A. W» POTTS. Cters,By E. H. owfn. Deputy. ml7td

In the Superior CourtOf Los Angeles County, State of

of California.

L. W. Klrby, nn Insolvent Debtor, vs.His Creditors.

Tho petition of Mcritz Meyberg, as-slgneeof L. W. Klrny. above entitledinsolvent debtor, coming on regularlyfor hearing this day, and it appearing tothe satisfaction of this Court that therehas been a failure of proper publicationof notice to creditors of said Insolventesta c of said hearintr, by reason of thelaiiuteof the Clerk of this Court to mallor to serve personally said creditorswith copies of the order heretofore madesetting th s matter for h*arlug, as or*dered hy this Comt by order made andtiled ol date May 4,1881.It Is hereby ordered that the order

hereinbf fors made on the 4th day ofMay, 1881, setting the petition of the saidassignee for sule of assets of said Insol-vent *state for hearing May Iti, 1881, auddirecting no ire of said hearing to bygiven, be declared nulland void,and onmotion ofcounsel for said assignee thesaid ordtrls hereby set aside aud vaeat*ed; uud, It appearing to the Court fromthe re .Mis herelu that Merits Mey-berg, assignee ofL W. Kliby,above-en-ttttcd insolvent,did on the 4th day oiMay, ins , presentioand flleinthisCourthis petition praying for an order to sellall the property of said estate lv himvested as such asslguee at public auc-tion:

Itis hereby ordered thatMONDAY, THE BOTH DAY OF MAY,

1881. at tho Western Court Room ofthis Court, at the court House, In the cityaod county of Los Angeles, stale ofCali-fornia, at the hourof ten o'clock a. m., beset for t he hearing nf said petition.

And that this order be published In tbeDullyH«-rald, a newspaper uf generalMrcdlatlon, published in the city andcouuiy of Los Angeles, Htate ot Califor-nia, as often ns tue said paper is pub-lished belore the said day set for thehearing of said petition; aud that a copyofthis order be served by the Clerk of thisCourt for.hwiih by United States mall,posUee prepaid, or personally, on allcreditors named In the sobedule.

Dated May 10,1881.V-. E. HOWARD,

myl7(d Judge of tbe superior Court.

"proposalsFor tho Purchase ofForty-Six Bonds of

the County ot Los Angeles.

OFFICE OF THE TRCAYiLORFR OF TUB 1COCJXIY OF LOS ANOSIiES, \

Los Angeles, Cal., May 18,1881. JIn accordance with a resolution of the

Board or Supervisors of Los Angelescounty, dated Ihe fourth day of May,ism. sealed proposals will be received bythu Treasurer of the county ofLos Ange-les, at his office, Iv the olty and countyot Los \ngeies,until 10 o'clock a.m. onJune oih, 1881, lor the purchase of forty-six bonds of the county uf Los Angeles,of oue thousand dullars each, bearinginterest at tue rate of six per cent, perannum, interest payable semi-annually,ou the lirst days of January and July ofeuch year, both principal and Interestpayable ivgold coin of the LTnUed states,suid bonds to run from the first day ofJuly, 18-41, to tbo first duy of July, 1901. orpuynble at any time beiore maturity, atiii.'pleasure ol tbe county.

Said bonds are Issued by the Board ofsupervisors ot Los Angeles county, un-der the provisions of Chapter 11. of thePolitical ( ode oi California, ami in con-formitywith a resolution of said Boarddated the fourth day of May, 1881.

i-roposa.s willbe received for purchas.Ing auy or all of said bonds.

The county reserves the right to rejectany or allproposals.

M. LINDLEY,Treasurer of Los Angeles Couuty.

By E. F. Sr*ENCE, Deputy. ml4-8w

XO COJNTKACTORSiMAIZELAND SCHOOL HOUSE.

Proposals will he received for buildingthe above nchnol house on or before 17thof May, lt-81,by tbo Trustees.

riaus to be seen at the office of KysorA M'.tgan, architects, Los Angeles, fromthe7th-to 12tb ot May, 1881, aud at tbehome of tbe Trustees from the 13th to17th ol May, 1881.

L. L. BFQUETTE,J JOHN TWEEDY,Trustee* MairelaudSchool nt«»*-«ctXsprsss sopy. ja*4o4