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Assets to be delivered to assignees.
Assignces to make out a truo account of disbursemente.
Sec. 37. All the goods, titles and claims which the insolvent debtor shall have declared in his schedule, shall be delivered up to the assignees as soon as they shall have been appointed ; and, in case the debtor should refuse to deliver up the goods, titles, effects or estates in bis possession, the judge shall oblige to that delivery, either by ordering the sheriff to seize the said property, to be by him delivered up to the assignees, or causing the said insolvent to be imprisoned until the said delivery shall be effected.
Sec. 38. The assignee or assignees appointed under this act, shall make out a true account of all disbursements made by them in discharge of their duties as assignee or assignees, which shall be verified by the oath of such assignee or assignees, and shall deliver the same to the judge having jurisdiction of the subject matter; and such judge shall in writing certify such part or parts of the same as he shall deem to be just, and necessarily expended by said assignce or assignees in the discharge of their duty, which amount so allowed shall be paid out of the property of such insolvent debtor.
Sec. 39. No assignment of any insolvent debtor, otherwise than as provided in this act, shall be legal or binding upon creditors. Sec. 40. All laws or parts of laws repugnant to, or
any manner conflicting with the provisions of this act, are hereby repealed. This act shall take effect from and after the first day of June next.
Conflicting laws repealed.
Commencement of this act.
AN ACT concerning Escheated Estates.- [Passed May 4, 1852.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Section 1. That if any person shall die, or any person
who may have died, in this state, seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the same, or the devisees thereof be incapable of holding the same, and in all cases where there is no owner of such real estate, capable of holding the same, such estate shall escheat to and be vest
ed in this state. Duty of attorney Sec. 2. That whenever the attorney-general, or district attorgeneral or district attorney.
ney, shall be informed, or have reason to believe, that any estate in his district hath escheated to the state, by reason that any
person hath died seized thereof, without devising the same, and leaving no heirs capable of inheriting the same, or by reason of the incapacity of the devisees to hold the same, and such estate shall not have been sold, according to law, within two years after the death of the person last seized, or when he shall be informed or has cause to believe that any such estate within his district hath otherwise escheated to the state, it shall be his duty to file an information, in behalf of the state, in the district court of the judicial district, or To give of any adjoining judicial district, in which such estate is situated, setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which such estate is claimed to have escheated, and alleging that by reason thereof the state of California hath right by law to such estate : whereupon such court shall award and issue a summons Court to issue against such person or persons, bodies politic or corporate, as shall be alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the state, on the first day of the next regular term of said court; which summons hall be served at least fifteen days before the return day thereof; and the court, moreover, shall make an order setting forth briefly the contents of such information, and quiring all persons interested in the estate to appear and show cause, if any they have, on the first day of the next term of the said court, why the same should not vest in the state ; which order shall be published in a newspaper, published in said district, if one be published therein, and in case no newspaper should be published in said district, the same to be published by direction of the judge in some other newspaper
in this state. Sec. 3. All persons, bodies politic and corporate, named in such Proceedings. information as terre-tenant, or claimant to the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the state to lands and tenements therein mentioned, at any time on or before the third day of the return day of the summons; and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid, by motion for that purpose in open court, within the time allowed for pleading as aforesaid ; and if any person shall appear and plead as aforesaid, or shall refuse to plead within the time, then judgment shall be rendered that the state be seized of the lands and tenements in such information claimed. But if any person shall appear and deny the title set up by the state, or traverse
within ten years.
any material fact set forth in the information, or issue or issues, shall be made and tried as other issues of fact, and a survey may be ordered and entered as in other actions when the title or boundary is drawn in question; and if after the issues are tried, it shall appear from the facts, found or admitted, that the state hath good title to the land and tenements in the information mentioned, or any part thereof, judgment shall be rendered that the state be seized thereof,
and recover costs of suit against the defendants. Appeal.
Sec. 4. Any party who shall have appeared to any proceedings, as aforesaid, and the attorney-general or district attorney in behalf of the state, shall respectively have the same right to prosecute an appeal or writ of error upon any judgment, as aforesaid, as par
ties in other cases. Heirs may claim Sec. 5. The comptroller of state shall keep just and true ac
counts of all moneys paid into the treasury, all lands vested in the state, as aforesaid; and if any person shall appear within ten years after the death of the intestate, and claim any moneys paid into the treasury, as aforesaid, as heir or legal representative, such person
may file a petition to the district court in which the seat of govProceedings. ernment may be staying, stating the nature of his claim, and praying
such money may be paid him; a copy of such petition shall be served on the attorney-general at least twenty days before the hearing of said petition, who shall put in answer to the same, and the court thereupon shall examine said claim, and the allegations and proofs ; and if the court shall find that such person is entitled to any money paid into the state treasury, he shall by an order, direct the
comptroller to issue his warrant on the treasury for the payment of the same, but without interest or cost to the state; a copy of which order, under the seal of the court, shall be a sufficient voucher for is- · suing such warrant; and if any person shall appear and claim land vested in the state, as aforesaid, within five years after the judgment was rendered, it shall be lawful for such person (other than such as was served with a summons or appeared to the proceeding, their heirs or assigns,) to file in the said district court, in which the lands claimed lie, a petition setting forth the nature of his claim, and praying that the said lands may be relinquished to him ; a copy of which petition shall be served on the attorney-general, who shall put in an answer, and the court thereupon shall examine said claim, allegations and proofs, and if it shall appear that such person is entitled to such land claimed, the court shall decree accordingly, which shall be effectual for divesting the interest of the state in or to the lands; but no costs shall be charged to the state; and all persons who shall fail
to appear and file their petition, within the time limited as aforesaid, shall be forever barred; saving, however, infants, married women, and persons of unsound mind, or persons beyond the limits of the United States, the right to appear and file their petition, as aforesaid, at any time within five years after their respective disabilities are removed : provided, however, that the legislature may cause such lands to be sold at any time after seizure, in such manner as may be provided by law; in which case the claimants shall be entitled to the proceeds, in lieu of such lands, upon obtaining a decree or order as aforesaid.
AN ACT to prohibit the erection of Weirs, or other obstructions to
the run of Salmon.—[Passed April 12, 1852.]
The People of ihe State of California, represented in Senate and
Assembly, do enact as follows:
run of salmon.
Section 1. Any weir, dam, fence, set, or stop net, or other obstruc- Obstructions to tion to the run of salmon, in any river or stream of this state, is hereby declared to be a public nuisance; all officers of justice, and all good citizens, are hereby enjoined to remove, break down, and destroy the same.
Sec. 2. Any person who may erect, or in any manner directly or in- Fines for the directly, aid in the erection of any weir or other obstruction afore- weirs, etc. said, to the passage of salmon, in any river of this state, shall be deemed guilty of a misdemeanor, and be fined by any court of competent jurisdiction, in any sum not less than one hundred dollars, nor exceeding one thousand dollars, and shall immediately destroy the impediment to the running of salmon aforesaid ; in default of which the fine imposed by this act shall by doubled.
Sec. 3. Any justice of the peace or judge of the court of ses- Duty of judicial sions, upon complaint being made under oath, to the existence of any such obstructions, shall immediately issue an order to any constable to inquire into and report upon the facts.
Sec. 4. Any officer found guilty of making a false return in rela- False returns. tion to the facts upon which he is directed to report, shall be considered a party to the misdemeanor, and be liable to payment of the Penalty. fines herein imposed and be declared incompetent to fulfil the duties of his office, and his office shall be deemed vacant.
Disposition of fines.
Sec. 5. The fines imposed by the provisions of this act, shall be paid into the county treasury of the county where process is issued, to the use of the county.
Sec. 6. The provisions of this act shall not apply to any dam erected for mining, mill, or agricultural purposes.
Sec. 7.(1) It shall not be lawful for any person or persons to cast, draw, or make use of any seine or net, for the purpose
of catching salmon, in any of the rivers of this state, in the following months, August, October, November, December, and January in each year, except as hereinafter specified : Provided, that it may be lawful for any person or persons to catch salmon in the San Joaquin river, or any of its tributaries in the following months, August, September, and from the first to the fifteenth day of October, inclusive, in each year; every person so offending, and being thereof legally convicted, shall be subject to the same fines and penalties, as are imposed by section two of this act ; this act shall not apply to any of the Indian tribes, so as in any manner to preclude them from fishing in accordance with the custom heretofore practiced by them.
AN ACT to provide for the obtainment, preservation, and distribu
tion of Vaccine Matter.- [Passed March 27, 1852.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Qualification and duties.
Section 1. The governor of this state is hereby authorized and required to appoint an agent, who shall be a graduate in medicine, whose duty it shall be to apply to and obtain from the vaccine agent of the United States, created under an act of congress, passed February, one thousand eight hundred and thirteen, or if no such agent is now acting, to obtain from any other source practicable, a supply of the genuine vaccine matter, and preserve the same for the use and benefit of the citizens of this state.
Sec. 2. Before entering upon the duties of his office, the said agent shall take and subscribe the following oath, or affirmation, and file the same in the office of the secretary of state: “I, A. B. do swear (or affirm as the case may be,) that I will faithfully use my best exertions
Oath and form.
(1) Amended section inserted from Stat. 1853, page 54.