Appropristion. CHAP. CCCCXLII.-An Act to provide for the Removal of the The People of the State of California, represented in Senate and SECTION 1. H. J. Clayton and A. Turner are hereby appointed Commissioners to remove, from San Francisco, all furniture, books, and stationery, to the Capitol at Sacramento, within five days, that may properly belong there, under the direction of the Secretary of State, and the sum of five hundred and fifty dollars is hereby appropriated, out of any money in the General Fund not otherwise appropriated, to pay the expenses of the same; and upon the presentation of a receipt of the Secretary of State, that the said furniture, books, and stationery, have been removed and put in its proper place, the Controller is hereby authorized to draw his warrant in favor of said H. J. Clayton and A. Turner, for the sum of five hundred and fifty dollars, and the Treasurer of State is hereby directed to pay the same. SEC. 2. This Act shall be in force from and after its passage. May employ Payment. Provino. (erk to report monthly, CHAP. CCCCXLIII.-An Act concerning the office of County Clerk of the City and County of San Francisco. [Approved May 15, 1862.] The People of the State of California, represented in Senate and SECTION 1. The County Clerk of the City and County of San Francisco is hereby authorized to employ, from time to time, as many copyists as he, the said County Clerk, may deem necessary to perform promptly the duties of his office, who shall be paid at a rate not exceeding six cents per folio of one hundred words, for each and every folio of all matter either recorded or copied by him; provided, that the amount so expended in any one month shall not exceed the sum of one hundred and fifty dollars. SEC. 2. The said County Clerk shall certify, monthly, under oath, the number of folios copied by each one of said copyists, ander oath. and such certificate of said Clerk shall be conclusive and sufficient evidence to authorize and require the Auditor of said city and county to audit severally the accounts of said copyists, monthly, and the payments of said demands by the County Treasurer out of the Special Fee Fund, as is provided for the payment of other officers of said city and county. SEC. 3. This Act shall take effect from and after its passage. CHAP. CCCCXLIV.-An Act to amend an Act entitled an Act to regulate Proceedings in Civil Cases, passed April twenty-ninth, eighteen hundred and fifty-one, approved February twentieth, eighteen hundred and fifty-seven. [Approved May 15, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and forty-six of said Act is amended to read as follows: give defend in Spanish. Section 646. In the Counties of Monterey, San Luis Obispo, Officer to Santa Barbara, Los Angeles, and San Diego, it shall be the duty ant copy of of the officer to give the defendant in a civil action, if said de- process, etc. fendant shall require it, a copy of the summons, or other process, in the Spanish language; and in the Counties of Santa Barbara, San Luis Obispo, Los Angeles, San Diego, and Monterey, it shall be lawful, with the consent of both parties, to have the process, pleadings, and other proceedings, in a cause, in the Spanish language. SEC. 2. This Act shall take effect from its passage. CHAP. CCCCXLV. - An Act to legalize the Delinquent Tax Lists of the County of Sonoma, for the fiscal years of eighteen hundred and fifty-nine, eighteen hundred and sixty, eighteen hundred and sixty-one, and eighteen hundred and sixty-two. [Approved May 15, 1862.] The People of the State of California, represented in Senate and Tax lists SECTION 1. The delinquent tax lists in and for the County of Sonoma, whether for State or county purposes, or both, for the legalized. fiscal years, eighteen hundred and fifty-nine, eighteen hundred and sixty, eighteen hundred and sixty one, and eighteen hundred and sixty-two, are hereby legalized and confirmed, and rendered valid and binding, both in law and equity, against the person and property assessed, and therein returned delinquent; and the certificate of O. T. Baldwin, Deputy Tax Collector of Sonoma County, made on each of said lists, is hereby rendered as legal, valid, and binding, both in law and equity, and of the same effect, as though the same had been made, subscribed, and sworn to, by J. M. Bowles, Sheriff of the County of Sonoma; and all the acts of the said O. T. Baldwin, as such Deputy, in reference to said lists, are hereby rendered legal and valid, as though the same had been done in a legal and proper form by him, as Under-Sheriff of said county. SEC. 2. This Act shall take effect from and after its passage. Duty of Attachment Real property. Personal property. Stock, shares, etc. Debts and CHAP. CCCCXLVI.—An Act to amend an Act entitled an Act to regulate Proceedings in Civil Cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved May 15, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and twenty-five of the above entitled Act is hereby amended so as to read: Section 125. The Sheriff to whom the writ is directed and delivered, shall execute the same without delay, and if the undertaking mentioned in section one hundred and twenty-three, be not given, as follows: First-Real property standing upon the records of the county, in the name of the defendant, shall be attached, by leaving a copy of the writ with an occupant thereof; or, if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the Recorder of the county. Second-Real property, or any interest therein, belonging to the defendant, and held by any other person, or standing on the records of the county in the name of any other person, shall be attached, by leaving with such person, or his agent, a copy of the writ, and a notice that such real property, (giving a description thereof,) and any interest therein, belonging to the defendant, are attached pursuant to such writ, and filing a copy of such writ and notice with the Recorder of the county, and leaving a copy of such writ and notice with an occupant of such property, or, if there be no occupant, by posting a copy thereof in a conspicuous place thereon. Third-Personal property, capable of manual delivery, shall be attached, by taking it into custody. Fourth-Stock, or shares or interest in stock, or shares of any corporation or company, shall be attached, by leaving with the President, or other head of the same, or the Secretary, Cashier, or other managing Agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ. Fifth-Debits and credits, and other personal property, not credits, etc. capable of manual delivery, shall be attached by leaving with the person owning such debts, or having in his possession, or under his control, such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, on the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached, in pursuance of such writ. Property liable to execution. SEC. 2. Section two hundred and seventeen of said Act is hereby amended so as to read as follows: Section 217. All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property, seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be attached on execution, in the like manner as upon writs of attachments. Gold dust shall be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property shall not be affected by the execution. SEC. 3. Section two hundred and twenty-nine of said Act is hereby amended so as to read as follows: Section 229. Upon a sale of real property, the purchaser Sale. shall be substituted to and acquire all the right, title, interest, therein, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale shall be absolute. In all other cases, the property shall be subject to redemption, as provided in this chapter. The officer shall give to the purchaser a certificate of the sale, containing First-A particular description of the real property sold. Fourth-When subject to redemption, it shall be so stated. Certificate of sale. CHAP. CCCCXLVII.-An Act to amend an Act entitled an Act to regulate Descents and Distributions, passed April thirteenth, one thousand eight hundred and fifty. [Approved May 15, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act, entitled an Act to regulate Descents and Distributions, passed April thirteenth, one thousand eight hundred and fifty, is hereby amended so as to read as follows: and distri Section 1. When any person having title to any estate not Descent of otherwise limited by marriage contract, shall die intestate as to property; such estate, it shall descend and be distributed, subject to the bution. payments of his or her debts, in the following manner: First-If there be a surviving husband or wife and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife and child, or issue of such child. If there be a surviving husband or wife, and more than one child living, or one child living, and the lawful issue of one or more deceased children, one third to the surviving husband or wife, and the remainder in equal shares to his or her children and to the lawful issue of any deceased child, by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descend Descent of property, and distri bution. ants, and if all the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation. Second-If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife and to the intestate's father. If there be no father, then one half shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation; provided, that if he or she shall leave a mother, also, she shall take an equal share with the brothers and sisters. If he or she shall leave no issue, or husband, or wife, the estate shall go to his or her father. Third-If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation; provided, that if he or she shall leave a mother also, she shall take an equal share with the brothers and sisters. Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, and no brother, or sister, living at his or her death, the estate shall go to his or her mother, to the exclusion of the issue, if any, of deceased brothers or sisters. Fifth-If the intestate shall leave a surviving husband or wife, and no issue, and no father, mother, brother, or sister, the whole estate shall go to the surviving husband or wife. Sixth-If the intestate shall leave no issue, nor husband, nor wife, and no father, mother, brother, nor sister, the estate shall go to the next of kin, in equal degree, excepting that when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claimed through the nearest ancestors shall be preferred to those claiming through an ancestor more remote; provided, however— Seventh-If any person shall die, leaving several children, or leaving one child and the issue of one or more other children. and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation. Eighth-If, at the death of such child, who shall die under age, and not having been married, all the other children of his said parents shall also be dead, and any of them shall have left issue, the estate that came to such child by inheritance from his said parent, shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally, otherwise they shall take according to the right of representa tion. Ninth-If the intestate shall leave no husband or wife, nor kindred, the estate shall escheat to the State, for the support of common schools. SEC. 2. This Act shall take effect immediately. |