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CHAPTER CCXXVII.

AN ACT

Explanatory of an Act entitled An Act regulating Marriages,

passed April 22d, 1850.

(Approved May 7, 1855.)

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Section 9 amended.

The People of the State of California, represented in Senate and

Assembly, do enact as follows :
Section 1. Section nine of an Act entitled “ An Act regulating
Marriages," passed April twenty-second, eighteen hundred and fifty,
is hereby amended so as to read as follows ; Section (9) nine ;

the Recorder shall record all such returns of Marriages in a book to be kept for that purpose, within one month after receiving the same,

and shall be allowed for each entry of the same one dollar, to be Recorder's duty. paid to him by the parties to the Marriage. If any Recorder shall

neglect or refuse to record, within the said time any return to him made, he shall forfeit one hundred dollars to be recovered with costs, by any person who will prosecute for the same.

Forfeiture.

CHAPTER COXXVIII.

AN ACT

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To amend an Act entitled An Act Concerning the Office of Pub

lic Administrator, and making it elective,passed April 15th, 1851.

(Approved May 7, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Section 2 mended.

Bond.

Section 1. Section second of an Act entitled “ An Act concernthe office of Public Administrator, and making it elective," passed April fifteenth, eighteen hundred and fifty-one, is hereby amended so as to read as follows: Section second ; Before entering upon the duties of his office, he shall execute a bond with sureties, to be approved by the Probate Judge, in a sum not less than thirty thousand dollars, and which may at any time be increased, in the discretion of the Probate Judge, conditioned for the faithful performance of all the duties enjoined upon him by law, and particularly that he will

Administrator.

account for, and pay over all moneys and property that may come into his hands, as such Public Administrator; provided, that the Probate Judge may in his discretion, for good reason shown, fix the amount of the bond to be given by the Public Administrator at any sum not less than fifteen thousand dollars.

Sec. 2. Section fifth of said Act is hereby amended so as to read Return of Public as follows: Section fifth ; The Public Administrator shall once in every six months, make to the Probate Judge, under oath, a return of all estates of deceased persons, which have come into his hands, the value of the same, the expenses, if any, paid thereon, and the balance, if any, remaining in his hands. Said return to be published Publication. six times in some newspaper in the County, or if there be no newspaper published in the County, then it shall be posted, legibly written, or printed, in the office of the County Clerk of the County; and he shall after a final settlement of the affairs of any estate, if their Final settlement. be no heir or heirs, or other claimant thereof, pay over to the County Treasurer, to be by him paid into the State Treasury all moneys and effects in his hands, belonging to said estate ; and in the event of all or any such moneys and effects having escheated to the State, the same shall be disposed of as other escheated estates.

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CHAPTER CCXXIX.

AN AOT

Amendatory of, and Supplementary to an Act entitled " An Act to

regulate the Settlement of the Estate of Deceased Persons," passed May 1st, 1851.

[ Approved May 7, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

of sureties.

Section 1. Section seventy-six of said Act, is amended so as to Justification read as follows : Section seventy-six ; in all cases where bonds are required by this Act, the sureties must justify on oath before the judge or clerk of some Court having a seal, to the effect that they are householders, or freeholders, resident within this State, and worth the amonnt justified to, over and above their debts and liabilities, exclusive of property exempt from execution ; such justification shall be in writing, signed by the person justifying and certified to by the Judge or Clerk who takes the same, and attached to, and filed with the bond. Whenever the penal sum of the bond amounts to more than two thousand dollars, the sureties may be allowed to become liable for portions of said penal sum, making in the aggregate the 'whole penal sum of such bond.

Sec. 2. Section one hundred and fifty-two of said Act is amend.

Public sales

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Sale of personal ed so as to read as follows: Section one hundred and fifty-two ; the property. sale of personal property shall be made at public auction, and after

public notice given for at least ten days, unless for good reason shewn the Probate Judge, shall order a private sale ; but no private sale shall be effectual for any purpose till the same shall be approved by

the Probate Judge. Public sales of such property shall be made at when made. the Court House door ; at the residence of the deceased; or at some

other public place to be mentioned in the notice ; and no sale shall

be made of any property which is not present at the time of selling. Citation and Sec. 3. Before the Probate Judge approves any bond required requirements of Judge.

by said Act, he may of his own motion, or at any time after the approval of such bond, upon the motion of any person interested in said estate, supported by affidavit that any one or all of such securities, are not worth as much as they have justified to, order a citation to issue, requiring such security or securities to appear before him, at a particular time and place, to testify touching his or their property, and its value; and the Judge shall at the time such citation is issued, cause a notice to be issued to the executor or administra

tor, and requiring his appearance at the return of said citation. Upon Additional security. the return of the citation, the Judge may swear the securities and

such witnesses as may be produced touching the property of such securities and its value, and if upon such investigation the Judge is satisfied that the bond is insufficient, he may require sufficient additional security, within such time as may be reasonable, not less than

five days. Right coasos. Sec. 4. If sufficient security is not given within the time fixed

by the Judge's order, the right of such Executor or Administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, shall

be appointed to the administration. Section 294 Sec. 5. Section two hundred and ninety-four of the Act entitled

"An Act to regulate the estates of deceased persons,” passed May

first, eighteen hundred and fifty-one, is amended so as to read as Issues of fact. follows : Section two hundred and ninety-four ; issues of fact joined

in the Probate Court, shall be certified by the Probate Judge to a District Court of the same County for trial, on the application of any person interested in, or to be affected by the decision thereof, tbe cases following: First. On granting or revoking letters testamentary or of administration. Second. On admitting a will to Probate. Third. On revoking the Probate or determining the validity of a will

. Fourth. On setting apart property, or making allowances for a widow or child. Fifth. On application for the sale or conveyance of real property. Sixth. On the settlement of an Executor or Administrator. Seventh. On declaring, allowing, or directing the payment of

a debt, legacy, claim or distributive share, of the estate. Section 295 Sec. 6. Section two hundred and ninety-five of said Act, is amendDuty of ed so as to read as follows : Section two hundred and ninety-five ; Probate Judge. a Probate Judge shall certify to a District Court for trial, any issue

of fact mentioned in the preceding section, when a motion or application is made therefor, to the Probate Court, in the manner following. First. On motion made in open Court after notice and publication (if any is required) of the hearing or trial of the issue in the Probate Court, shall have been given and made according to law; an entry of which motion shall be made in the minutes. Second.' On filing a written notice with the Clerk of the Probate Court, at any

amended.

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amended.

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Proviso.

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Probate .

amended

time within ten days after trial, and decision therein by the Probate Court, to the effect that the applicant requires the issue to be certified to a District Court for trial; provided, if said trial has been had since the first day of October, eighteen hundred and fifty-four, said notice may be given at any time within thirty days after the passage of this Act.

Sec. 7. Section two hundred and ninety-six of said Act is amend- Section 296 ed so as to read as follows: Section two hundred and ninety-six ; issues from an issue certified by a Probate Court, to a District Court, shall be Probate Court. tried like any other issue of fact in the District Court; and at the trial, like objection and exception to the decisions of the Court may be taken and settled ; after the trial of such issue, the District Court shall remit the proceedings upon such trial, together

Duty of with the finding and decision, to the Probate Court, which shall form District Court. part of the record of the cause in the Probate Court. The Probate Court shall render judgment according to the finding and decision in Judgment of the District Court.

Sec. 8. Section two hundred and ninety-seven of said Act is Section 297 amended so as to read as follows : Section two hundred and ninety appeal to seven; an appeal may be taken to the Supreme Court, from an order, Supreme Court decree or judgment of the Probate Court where the estate or amount in dispute exceeds two hundred dollars, in the following cases: First. For or against granting or revoking letters testamentary or of administration. Second. For or against admitting a will to Probate. Third. For or against the validity of a will, or revoking the Probate thereof. Fourth. For or against setting apart property, or making an allowance for a widow or child. Fifth. For or against directing the sale or conveyance of real property. Sixth. On the settlement of an Executor or Administrator. Seventh. For or against declaring, allowing, or directing the payment of a debt, claim, legacy, or distributive share.

Sec. 9. Section two hundred and ninety-eight of said Act is Section 298 amended so as to read as follows: Section two hundred and ninety Appeals eight ; The appeal may be taken within sixty days after the order, decree or judgment, is made and entered in the minutes of the Court; it shall be made by filing with the Clerk of the Probate Court, a notice stating the appeal from the order, decree or judgment, or some specific part thereof, and by executing an undertaking, or giving surety on such appeal in the same manner, and to the same extent as upon an appeal to the Supreme Court from the District Court ; provided, the appeal of an Executor or Administrator, who has given Proviso. an official bond shall be complete and effectual without the undertaking ; provided also, from an order, decree or judgment, made since the first day of October, eighteen hundred and fifty-four; the appeal may be taken within sixty days after the passage of this Act. After the appeal is determined, suit may be brought and prosecuted to judgment, on the undertaking in the name of any party beneficially interested therein.

Sec. 10. Section two hundred and ninety-nine of said Act is section 209 amended so as to read as follows: Section two hundred and ninety amended. nine ; when a party who has a right to appeal, wishes a statement of the case to be annexed to the record, he shall prepare and file the same within twenty days after the entry of the order, decree or judgment; provided, if the order, decree or judgment has been made Proviso. since the first day of October, eighteen hundred and fifty-four, he shall

How made.

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Section 800 amended. Provisions.

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Section 301 amended.

prepare and file such statement within twenty days after the passage of this Act.

Sec. 11. Section three hundred of said Act is amended so as to read as follows : Section three hundred ; the provisions as amended of Chapter I, Title IX, of the Act entitled “ An Act to regulate proceedings in civil cases in the Courts of Justice in this State," passed April twenty-ninth, eighteen hundred and fifty-one, so far as the same do not conflict with the provisions of this Act, shall be applicable to appeals from the Probate Court.

Sec. 12. Section three hundred and one of said Act is amended

so as to read as follows: Section three hundred and one ; when an Duty of Clerk.

issue is certified for trial, the Clerk of the Probate Court shall transmit all papers and records necessary for the trial of the issue, to the District Court. After such trial the Clerk of the District Court shall return the same with the proceedings of the Court, to the Probate Court.

Sec. 13. Section three hundred and two of said Act is amended Costs—how paid. so as to read as follows : Section three hundred and two ; Where

it is not otherwise prescribed by law, the Probate Court or the Supreme Court on appeal may, in its discretion, order costs to be paid by any party to the proceedings, or out of the estate, as justice may require ; execution for the costs may issue out of the Probate Court.

Clerk of
District Court."

Section 302 amended.

CHAPTER CCXXX.

AN ACT

To amend an Act entitled " An Act concerning the Courts of Justice

of this State and Judicial Officers,passed May 19th, A. D. 1853.

[Approved May 7, 1855.}

Section 59 amended.

of

The People of the State of California, represented in Senate and

Assembly, do enact as follows: Section 1. So much of section fifty-nine of an Act concerning the time de terms. Courts of Justice of this State and Judicial Officers, passed May

[19th, 1853] nineteenth, eighteen hundred and fifty-three, as relates to the time of holding the Courts of Sessions of Calaveras County, is hereby amended so as to read as follows: The Court of Sessions in and for the County of Calaveras, shall be held on the second Monday of January, March, May, July, September and November.

Sec. 2. Section sixty-ninth of said Act is hereby amended so as Jurisdiotion.

to read as follows ; Section sixty-ninth. These Courts shall also have jurisdiction, except within the limits of the City of San Francisco, of the following public offenses committed within the respective counties

Section 69 amended.

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