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objection is made thereto, or in case any objection to the undertaking is sustained by the court when a new undertaking is filed and served as required by this act, to which no objection is made, or if made is not sustained by the court.

SEC. 9. A new section is hereby added to the Code of Civil Procedure, to be numbered six hundred and eighty and one half:

against

680. If judgment be rendered in said action that the Judgment alleged transfer or conveyance was made to hinder, delay or sureties. defraud creditors, then judgment shall be rendered in such action without further proceeding in favor of plaintiff and against the principal and sureties on said undertaking for the sum for which said undertaking was executed according to the conditions thereof.

SEC. 10. This act shall take effect from and after its passage.

CHAPTER XCII.

An act to amend an act entitled "An act to establish a Code of Civil Procedure," by adding eight sections thereto, to be numbered 710, 7101, 711, 711, 712, 712, 713 and 7134, relating to giving, conditioning, and executing an undertaking, with sureties, by a person, corporation, partnership or association claiming to own property, or an interest therein, levied upon by execution, in an action wherein the said person, corporation, partnership or association is not the judgment debtor, to release the property so claimed from the levy and lien of said execution; to provide for the examination and determination of the sufficiency of the sureties on such undertaking; to provide for making objections to such undertaking, and for the examination and determination of such objections, and the giving of a new undertaking, in case any objection made is sustained by the court or admitted.

[Approved March 9, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and ten, and to read as follows:

property

710. Where property levied upon under execution to satisfy Release of a judgment for the payment of money is claimed, in whole or held under in part, by a person, corporation, partnership or association, execution. other than the judgment debtor, such claimant may give an undertaking as herein provided, which undertaking shall release the property in the undertaking described from the lien and levy of such execution.

SEC. 2 A new section is hereby added to the Code of Civil

Undertaking by party claiming property.

Service of copy of undertaking.

Objections

Procedure, to be numbered section seven hundred and ten and one half, and to read as follows:

710. Such undertaking, with two sureties, shall be executed by the person, corporation, partnership or association, claiming in whole or in part, the property upon which execution is levied in double the estimated value of the property claimed by the person, corporation, partnership or association; provided, in no case need such undertaking be for a greater sum than double the amount for which the execution is levied; and where the estimated value of the property so claimed by the person, corporation, partnership or association is less than the sum for which such attachment is levied, such estimated value shall be stated in the undertaking, and said undertaking shall be conditioned that if the property claimed by the person, corporation, partnership or association is finally adjudged to be the property of the judgment debtor, said person, corporation, partnership or association will pay of said judgment upon which execution has issued a sum equal to the value, as estimated in said undertaking, of said property claimed by said person, corporation, partnership or association, and said property claimed shall be described in said undertaking.

SEC. 3. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and eleven, and to read as follows:

711. Said undertaking shall be filed in the action in which said execution issued, and a copy thereof served upon the judgment creditor or his attorney in said action.

SEC. 4. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and eleven and one half, and to read as follows:

711. Within ten days after the service of the copy of to sureties, undertaking, the judgment creditor may object to such undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they become bound in said undertaking, and upon the ground that the estimated value of property therein is less than the market value of the property claimed. Such objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property claimed. Such objection shall specify the judgment creditor's estimate of the market value of the property claimed. Such written objection shall be served upon the person, partnership, corporation or association giving such undertaking and claiming the property therein described.

Justification of sureties.

SEC. 5. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and twelve, and to read as follows:

712. When the sureties, or either of them, are objected to, the surety or sureties so objected to shall justify before the court out of which such execution issued, upon ten days' notice of the time when they will so justify being given to the judgment debtor or his attorney. Upon the hearing and exam

ination into the sufficiency of a surety, witnesses may be required to attend and evidence may be procured and introduced in the same manner as in trial of civil cases. Upon such hearing and examination, the court shall make its order, in writing, approving or disapproving the sufficiency of the surety or sureties on such undertaking. In case the court disapproves of the surety or sureties on any undertaking, a new undertaking may be filed and served, and to any undertaking given under the provisions of this act the same objection to the sureties may be made, and the same proceedings had as in case of the first undertaking filed and served.

SEC. 6. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and twelve and one half, and to read as follows:

dertaking.

712. When objection is made to the undertaking upon New unthe ground that the estimated value of the property claimed, as stated in the undertaking, is less than the market value of the property claimed, the person, corporation, partnership or association may accept the estimated value stated by the judgment creditor in said objection, and a new undertaking may be at once filed with the judgment creditor's estimate stated therein as the estimated value, and no objection shall thereafter be made upon that ground; if the judgment creditor's estimate of the market value is not accepted, the person, corporation, partnership or association giving the undertaking shall move the court in which the execution issued, upon ten days' notice to the judgment creditor, to estimate the market value of the property claimed and described in the undertaking, and upon the hearing of such motion witnesses may be required to attend and testify, and evidence be produced in the same manner as in the trial of civil actions. Upon the hearing of such motion, the court shall estimate the market value of the property described in the undertaking, and if the estimated value made by the court exceeds the estimated value as stated in the undertaking, a new undertaking shall be filed and served, with the market value determined by the court stated therein as the estimated value.

SEC. 7. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and thirteen, and to read as follows:

713. The sureties shall justify on the undertaking as Requisites required by section one thousand and fifty-seven of the Code of underof Civil Procedure.

SEC. 8. A new section is hereby added to the Code of Civil Procedure, to be numbered section seven hundred and thirteen and one half, and to read as follows:

takings.

dertaking

713. The undertaking shall become effective for the pur- when unpose herein specified ten days after service of copy thereof on becomes the judgment debtor, unless objection to such undertaking is effective. made as herein provided, and in case objection is made to the undertaking filed and served, then the undertaking shall become effective for such purposes when an undertaking is given as herein provided.

SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 10. This act shall take effect from and after its passage.

Determination of adverse claims to real property.

CHAPTER XCIII.

An act amending sections seven hundred and forty-nine, seven hundred and fifty and seven hundred and fifty-one of the Code of Civil Procedure of the State of California, relating to the determination of adverse claims of known and unknown persons to real property, and which said sections were added to said code by an act approved March 23rd, 1901.

[Approved March 9, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section seven hundred and forty-nine of the Code of Civil Procedure of the State of California which was added to said code by an act approved March 23, 1901, is amended so as to read as follows:

749. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, by himself or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for twenty years prior to the filing of the complaint, claiming to own the same in fee against the whole world, and who has paid all taxes of every kind levied or assessed against the property during the period of five years continuously next preceding the filing of the complaint. Said action shall be commenced by the filing of a verified complaint averring the matters above enumerated. The said complaint may include as defendants in such action, in addition to such persons as appear of record to have, all other persons who are known to the plaintiff to have, some claim or cloud on the lands described in the complaint adverse to plaintiff's ownership, Unknown or other persons unknown claiming any right, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: "also all other persons unknown, claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff's ownership, or any cloud upon plaintiff's title thereto." Within ten days after the filing of the complaint, plaintiff shall file, or cause to be filed, in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action, containing the matters required by section four hundred and nine of this code.

defend

ants.

Lis pen

dens.

SEC. 2. Section seven hundred and fifty of the Code of

Civil Procedure of the State of California is amended so as to read as follows:

service,

tion of

750. Within one year after the filing of the complaint, summons; as required by the preceding section, a summons must be issued, and proof which shall contain the matters required by section four hun- of service. dred and seven of this code, and in addition a description of the property and a statement of the object of the action. In said summons the said unknown defendants shall be designated as in the complaint. Within thirty days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place on the property. All defendants residing in the State of California, whose place of residence is known to the plaintiff, shall be served personally. After service on all such defendants has been made, the plaintiff, or his agent, or attorney, shall make and file an affidavit wherein there shall be stated the names of the defendants who have been served personally, the names of the defendants who reside out of the state and their places of residence, if known to the plaintiff, and the names of the defendants residing in or out of the state whose place of residence is unknown to the plaintiff, and thereupon the court or a judge thereof shall make an order directing the said summons to be served upon the defendants residing out of the state, whose place of residence is known to the plaintiff and upon the defendants residing in or out of the state, whose place of residence is unknown to the plaintiff, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of Publicageneral circulation printed and published in the county where summons. the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or judge thereof, which publication shall be for once a week for two successive months. A copy of the summons and complaint, within ten days after the making of said order, properly addressed and with the postage thereon fully prepaid, shall be mailed to each of the defendants who reside out of the state, at their place of residence, if known, and also to the defendants residing in or out of the state whose place of residence is unknown to plaintiff, addressed to them at the county seat of the county where the action is commenced. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication, or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named upon whom service is made by publication or personally and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the said property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and any one claiming under him, shall be concluded by the judgment in such action as effectually as if the action was brought against the said person by his or her name and personal service of process was obtained, notwith

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