Inheritance by representation. Aliens may inherit, when and how. Seccession not claimed, Attorney. General to cause to be sold, and posited. according to the right of representation; and in the absence of both such dispositioa and such descendants, is subject to distribution in the same manner as the separate property of the husband. In case of the dissolution of the community by the death of the husband, the entire common property is equally subject to his debts, the family allowance, and the charges and expenses of administration. Stats. 1863-4, 363, Sec. 1. NOTE. Before preparing the bill for the Legislature, Secs. 178 and 1274 must be thoroughly examined and made to harmonize, if they are found inconsistent. SEC. 1398. Inheritance or succession "by right of representation" takes place when the descendants of any deceased beir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. Stats. 1850, 221, Sec. 11. SEC. 1399. Resident aliens may take in all cases by succession as citizens; and no person capable of succeed ing under the provisions of this Title, is precluded from such succession by reason of the alienage of any relative; but no non-resident foreigner can take by succession unless he appears and claims such succession within five years after the death of the decedent to whom he claims succession. Const., Art. I, Sec. 17; 1856, 137, Sec. 1; State vs. Rogers, 13 Cal., 159; N. Y. C. C., Sec. 660. SEC. 1400. When succession is not claimed as provided in the preceding section, the District Court, on informa tion, must direct the Attorney-General to reduce the proceeds de- property to his or the possession of the State, or to cause the same to be sold, and the same or the proceeds thereof to be deposited in the State treasury for the benefit of such non-resident foreigner, or his legal representative, to be paid to him whenever, within five years after such deposit, proof to the satisfaction of the State Controller and Treasurer is produced that he is entitled to succeed thereto. Stats. 1856, 137, Sec. 1. SEC. 1401. When so claimed, the evidence and the joint order of the Controller and Treasurer must be filed by the Treasurer as his voucher, and the property delivered or the proceeds paid to the claimant on filing his receipt. therefor. If no one succeeds to the estate or the proceeds, as herein provided, the property of the decedent devolves and escheats to the people of the State, and is placed by the State Treasurer to the credit of the School Fund. Stats. 1856, 137, Sec. 1. escheated subject to other prop charges as SEC. 1402. Real property passing to the State under Property the last section, whether held by the State or its officers, is subject to the same charges and trusts to which it would have been subject if it had passed by succession, and is also subject to all the provisions of Tit. VIII, Part III, of the CODE OF CIVIL PROCEDURE. Stats. 1870, 72, Sec. 1; 1862, 103, Sec. 2 et seq.; 1855, SEC. 1403. Those who succeed to the property of a decedent are liable for his obligations in the cases and to the extent prescribed by the CODE OF CIVIL PROCEDURE. N. Y. C. C., Sec. 669. erty. Successor decedent's liable for obligations. TITLE VIII. MINES. SECTION 1409. Injuring crops or buildings. 1410. Miners to give bonds. 1411. Construction of word "improvements." NOTE. The statute (1855, 145) is such a hybrid specialty, and has been so much adjudicated upon, that no attempt is made to alter its phraseology. A chapter is needed, codifying the decisions of the Supreme Court into a few comprehensible sections, which should be made to harmonize with each other, and also with the fundamental rights which every citizen has in property when once acquired, whether in buildings, trees or crops. The penal section (Sec. 3) of the Act is, or ought to be, in the Penal Code. SEC. 1409. No person shall, for mining purposes, de- Injuring stroy or injure any growing crops of grain or garden buildings. crops or Miners to give bonds Construction After crops are harvested, miners may work. vegetables growing upon the mineral lands of this State, nor undermine or injure any house, building, improvement or fruit trees, standing upon mineral lands, and the property of another, except as provided in this Title. SEC. 1410. Whenever any person, for mining purposes, shall desire to occupy or use any mineral lands of this State, then occupied by such growing crops of grain, garden vegetables, fruit trees, houses, buildings or other improvements, property of another, such person shall first give bond to the owner of the growing crop, building, fruit trees or other improvement, to be approved by a Justice of the Peace of the township, with two or more sufficient sureties, in a sum to be fixed by three disinterested citizens, householders of the township, one to be selected by the obligor, one by the obligee, and one by a Justice of the Peace of the township, conditioned that the obligor shall pay to the obligee any and all damages which said obligee may sustain in consequence of the destruction by the obligor, or those in his employ, of the growing crops, fruit trees, improvements or buildings of the obligee. SEC. 1411. The word "improvements," in this Title, shall be construed to mean any superstructure on said farm, ranch or garden, and nothing more. SEC. 1412. Nothing in this Title shall prevent miners from working any mineral lands in the State, after the growing crops on the same are harvested. DIVISION THIRD. PART I. OBLIGATIONS IN GENERAL. II. CONTRACTS. III. OBLIGATIONS IMPOSED BY LAW. IV. OBLIGATIONS ARISING FROM PARTIC- |