ACT 995. An act authorizing and empowering municipalities to provide a procedure [Approved May 31, 1917. Stats. 1917, p. 1421. In effect July 30, 1917.] $1. City council may establish set-back lines. § 1. City council may establish set-back lines. Whenever public inter- § 2. Procedure. The ordinance prescribing such procedure shall provide, among other things, for the passage of a resolution of intention describing the land deemed necessary to be taken or damaged therefor, also the exterior boundaries of the district of lands to be benefited by said work or improvement and to be assessed to pay the damages, costs and expenses thereof, and shall require that a written protest signed by the owners of a majority of the frontage upon the streets and parts of streets within the district to be assessed, and filed with such city council, shall be a bar to such proceeding for a period of six months from the date of the filing of such protest. The procedure shall provide for due notice and hearing to property owners liable to be assessed, also a method for the assessment and collection of benefits and the payment of damages, together with such other matters as may be necessary or convenient to promote the objects hereof. ACT 996. An act to regulate the construction, reconstruction, moving, alteration, Repealed 1921; (Stats. 1921, p. 485). The repealing act was de- 1 ACT 1006. TITLE 78. BUOYS AND BEACONS. For the protection of buoys and beacons. [Stats. 1873-74, p. 619.] Codified in part by § 609, Penal Code: See Penal Code, § 609, note. Similar act, see Stats. 1861, p. 224. See post, tit. "Cemeteries." BURIAL. TITLE 79. ACT 1016. An act granting to the city of Burlingame the salt marsh, tide and submerged lands of the state of California, including the right to wharf out therefrom, and regulating the management, use and control thereof. [Approved May 27, 1915. Stats. 1915, p. 904.] TITLE 80. BURNT OR DESTROYED RECORDS OR DOCUMENTS. ACT 1026. An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records. [Approved June 16, 1906. Stats. 1906 (Ex. Sess.), p. 78.] Amended 1. Stats. 1909, p. 163. 2. Stats. 1911, p. 6. 3. Stats. 1913, p. 135. 4. 1917, p. 80. Supplemented 1907, p. 950. See post, Act 1027. § 1. Title to real property when public records are destroyed. § 13. Numbering and indexing of actions. §14. § 15. Judgment entered prevents further action, except. § 16. County includes what. § 17. Remedies deemed cumulative. § 18. Actions to be commenced when. [Repealed.] § 19. Time of taking effect. § 1. Title to real property when public records are destroyed. Whenever the public records in the office of the county recorder of any county have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire or earthquake, any person who claims an estate of inheritance, or for life in, and who is by himself or his tenant, or other person, holding under him, in the actual and peaceable possession of any real property in such county, or of any real property now in another county but which was formerly in the county of which all or a material part of the records were lost or destroyed as aforesaid, in the event that the records so lost or destroyed included all or a material part of the public records in the office of said county recorder covering all or a material part of the time when said last mentioned real property was in the county whose records were so lost or destroyed, may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all adverse claims thereto. Any number of separate parcels of land claimed by the plaintiff may be included in the same action. [Amendment approved April 6, 1917; Stats. 1917, p. 80.] §2 Action commenced how. The action shall be commenced by the filing of a verified complaint, in which the party so commencing the same shall be named as plaintiff, and the defendants shall be described as "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof," and shall contain a statement of the facts enumerataed in section one of this act, • particular description of such real property, and a specification of the estate, title, or interest of the plaintiff therein. §3. Filing of complaint and issue of summons. Upon the filing of the complaint, a summons must be issued under the seal of the court, which shall contain the name of the court and county in which the action is brought, the name of the plaintiff and a particular description of the real property involved, and shall be directed to "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof," as defendants, and shall be substantially in the following form: "In the Superior Court of the State of California in and for the County (or city and county) of Plaintiff, VS. All Persons Claiming Any Interest in, or, Lien upon, the Real Property Herein Described or Any Part thereof, Defendants. Action No. The People of the State of California, to All Persons Claiming Any Interest in, or Lien upon, the Real Property Herein Described or Any Part thereof, Defendants, Greeting: You are hereby required to appear and answer the complaint of -, plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the county (or city and county) of - state of California, particularly described as follows: (here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (here insert a statement of the relief manded.) Witness my hand and the seal of said court, this —, A. D. (Seal) so de day of Clerk." § 4. Publication of summons. The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of two months, and to each publication thereof shall be appended a memorandum in substance as follows: day of "The first publication of this summons was made in insert name) newspaper on the serting the date). (here A. D. ," (in And if the affidavit provided for in section five of this act discloses the name of any person claiming an interest in the property, or a lien thereon adverse to the plaintiff, that fact, together with the name and address (if given) of said person shall be stated in a memorandum to be appended to the summons in substance as follows: "The following persons are said to claim an interest in, or lien upon, said property adverse to plaintiff," (giving their names and addresses as above provided). A copy of the summons, together with a copy of the foregoing memoranda, shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within fifteen days after the first publication of the summons. § 5. Affidavit. At the time of filing the complaint, the plaintiff shall file with the same his affidavit, fully and explicitly setting forth and showing (1) the character of his estate, right, title, interest or claim in, and possession of the property, during what period the same has existed and from whom obtained; (2) whether or not he has ever made any conveyance of the property, or any part thereof, or any interest therein, and if so when and to whom; also a statement of any and all subsisting mortgages, deeds of trust, and other liens thereon; (3) that he does not know and has never been informed of any other person who claims or who may claim, any interest in, or lien upon,. the property or any part thereof, adversely to him, or, if he does know or has been informed of any such person, then the name and address of such person. If the plaintiff is unable to state any one or more of the matters herein required, he shall set forth and show, fully and explicitly, the reasons for such inability. Such affidavit shall constitute a part of the judgment-roll. If the plaintiff be a corporation, the affidavit shall be a person under made by an officer thereof. If the plaintiff be guardianship the affidavit shall be made by his guardian. §6. Service of summons. On resident of this state. On nonresident. If the said affidavit discloses the name of any person claiming any interest in, or lien upon, the property adverse to the plaintiff, the summons shall also be personally served upon such person if he can be found within the state, together with a copy of the complaint and a copy of said affidavit during the period of the publication of the summons; and to the copy of the summons delivered to any such person there shall be appended a copy of the memoranda provided for in section four hereof. If such person resides out of this state a copy of the summons, memoranda, complaint and affidavit shall be within fifteen days after the first publication of the summons deposited in the United States postoffice, inclosed in a sealed envelope, postage prepaid, addressed to such person at the address given in the affidavit or if no address be given therein, then at the county seat at the county in which the action is brought. If such person resides within this state and could not with due diligence be found within the state, within the period of the publication of the summons. then said copies aforesaid shall be mailed to him as above provided forthwith upon the expiration of said period of publication. §7. Jurisdiction of court. Upon the completion of the publication and posting of the summons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served the court shall have full and complete jurisdiction over the plaintiff and the said property and of the person of every one having or claiming any estate, right, title or interest, in or to, or lien upon, said property, or any part thereof, and shall be deemed to have obtained the possession and control of said property for the purposes of the action, and shall have full and complete jurisdiction to render the judgment therein which is provided for in this act. §8. Answer to complaint. At any time within three months from the first publication of the summons, or within such further time, not exceeding thirty days as the court may, for good cause, grant, any person having or claiming any estate, right, title or interest, in or to, or lien upon, said property or any part thereof, may apFear and make himself a party to the action by pleading to the complaint. All answers must be verified and must specifically set forth the estate, right, title, interest, or lien so claimed. §9. Record of pendency of action. The plaintiff must, at the time of filing the complaint, and every defendant claiming any affirmative relief must, at the time of filing his answer, record in the office of the recorder of the county in which the property is situated, a notice of the pendency of the action containing the object of the action or defense, and a particular description of the property affected thereby; and the recorder shall record the same in a book devoted exclusively to the recordation of such notices and, if the property is still situated in the same county in which the records were destroyed, shall enter, upon a map or plat of the parcels of land, to be kept by him for that purpose, on that part of the map or plat representing the parcel or parcels so |