10. The heirs have the right to go behind the allowance of claims against the estate of the administrator, and the approval by the probate judge, and to require proof of the indebtedness, after petition and notice for the sale of real estate to pay debts. Id.

11. On the hearing of such petition, it is error in the probate judge to refuse to hear testimony that the
deceased did not die in the county in which the estate is being administered, and also to refuse to allow the
heirs to question the justice of the claims allowed. Id.

Clark v. Perry, 5 Cal. 58; Willson v. Hernandez, 5 Cal. 437; Grover v. Hawley, 5 Cal. 485.
See Administrator-Public.

ARTICLE

XXX.-ESTRAYS

ARTICLE

See P.975)

2386. Duty of persons finding estray animal; duty of 2391. Penalty on owner for removing animal unless justice; duty of appraisers.

2387. Record to be kept; justice to send copy to county

recorder.

2388. How estray may be reclaimed; when right for-
feited.

by law; penalty for disposing of or using ani

mal.

2392. Duty of justice and district attorney in case taker up has not paid the money into the county treasury.

2389. Taker up not to sell or remove animal from 2393. Fecs of officers; certain counties exempted from county; animal dying or escaping.

2390. Moneys collected, how disposed of.

operation of act.

Act of April 19, 1856, concerning Estray Animals.-[R. A. St. 1851, 299.

ARTICLE 2386, Sec. 1. Every citizen, resident householder, in any county in this state, on finding any estray horse, mare, mule, jack or jenny, or any neat cattle, or any number of such animals, upon his farm or premises, who shall desire to take up the same shall, at any time after the expiration of twenty days from the finding the same, if such animal or animals remain on his farm or premises, go before some justice of the peace of his township, or if there be no acting justice therein, then before some justice of a neighboring township, and make oath that he has made diligent inquiry throughout his neighborhood, to ascertain the ownership of such estrays, and that he has also put up, ten days previously, a written notice, in one or more of the most public places in his township, naming the place or places, setting forth all the information in his possession concerning the said animals, embracing a description of the marks and brands thereof, and that he was about to post the same. He shall also, at the same time, make oath that the marks and brands of said animals, have not been altered since they came to his farm or premises, and that the owner or owners are unknown to him.

Sec. 2. At the time the taker up appears before the justice, as aforesaid, the justice shall appoint two disinterested appraisers, who are resident householders of the county, to appraise and describe such animal or animals.

Sec. 3. The appraisers so appointed, if they are not already able to describe and appraise such estray, shall, as soon as practicable, proceed to view the same, and make out a detailed description thereof, stating the marks, brands, supposed age, color, stature and value, of each animal, which description and valuation shall be signed by the appraisers, and sworn to before the justice appointing

them.

ART. 2387, Sec. 4. It shall be the duty of said justice immediately to record in a book, to be by him kept for that purpose, a statement of the taking up, as aforesaid, together with a description, as sworn to by the appraisers, and their. appraisement.

Sec. 5. The justice shall, within twenty days, if the estrays have not previously been claimed and proven, by the true owner, make out and transmit a certified copy of the entry in his estray book, as aforesaid, to the county recorder of the county, which shall immediately be by him recorded in a book to be kept for that purpose. Said record, and also the justice's book, to be, at all proper times, subject to examination, by all persons making application, without charge or fee.

$4.645.386

ART. 2388, Sec. 6. If the owner of any estray animal, posted as aforesaid, shall, within one year from the time the same was posted, appear and claim the same, he shall notify the taker up thereof, and the owner shall establish his claim to such animals, before some justice of the peace of the proper township, by such evidence as shall be satisfactory to the justice. In all cases, when the claimant shall make satisfactory proof of ownership, the justices shall make an order that he have restitution of the animal so proven, upon his paying the costs; and, to the taker up, the expenses and costs that may be awarded him by the justice; provided, the justice shall not allow any expenses for keeping an estray, which the taker upon anyone under his authority, may have worked, ridden, or used, while in his possession.

$7.64 Sec. 7.XIf the owner of any lost or stray animal shall not appear and prove his property therein, within one year after the same is posted, he shall forfeit his right P.3 thereto, and the property in such animal shall be vested in the taker up, upon his paying into the county treasury the one-half appraised value thereof, as fixed by the appraisers, as aforesaid.

ART. 2389, Sec. 8 No person taking up any animal, under this act, shall sell, J4.64 exchange, or dispose of the same, in any manner, or remove the same from the county in which it was posted, until after the expiration of one year from the P7 posting, and until he shall have paid the one-half appraised value into the county

treasury.

Sec. 9If any estray animal die, or escape from the possession of the taker up, at any time before the expiration of one year from the taking up, he shall not be held liable, in any manner, on account of such animal.

ART. 2390, Sec. 10. In all cases where money has been paid into the county treasury, pursuant to the seventh section of this act, the same shall be kept in separate account by the treasurer, and safely held in trust for the space of six months after it is so paid in, to be paid over to the true owner of the estray, upon such owner within the said time producing to the treasurer the certificate of the proper justice, setting forth that said owner had made satisfactory proof of ownership within the six months, as aforesaid, by a like proceeding as provided for in the sixth section of this act, the treasurer retaining out of said money his own per centage.

Sec. 11. All moneys paid into the county treasury under the provisions of this act, if not legally withdrawn, as above provided, shall become a part, and belong to the county school fund, and be drawn from the county treasury on the warrant of the county superintendent, and shall be, exclusively, appropriated to the county school fund, and for no other purpose.

ART. 2391, Sec. 12. The owner of any estray animal which has been legally taken up, or for the taking up of which proceedings have been commenced under this act, knowing the same to have been posted, shall not be permitted to take, lead, or drive the same from the premises, or possession, of the person legally possessed thereof, until proven, and the charges paid; and any person, knowingly and willfully, violating the provisions of this section, shall be subject to all the penalties that he would be subject to under the statute law; provided, he had no claim to said animal.

Sec. 13. If any person shall take into use, or in any manner dispose of, any lost or estray animal, which may be found upon his farm or premises, or exercise any control over any such animal, except in case said animal has broken into his lawful inclosure, without having first posted the same, or having proceeded to post any such animal, shall use, or in any manner dispose of the same, contrary to, and in violation of, the provisions of this act, he shall be deemed guilty of larceny, and punished accordingly

ART. 2392, Sec. 14, at the expiration of one year from the taking up of any estray under this act, the justice before whom the same was posted, his successor

in office, or the district attorney of the county, has good reasons to believe the taker up has not duly paid into the county treasury the one-half appraised value, as herein required, it is hereby made the special duty of said justice, in whose custody the record of the estray remains, or the district attorney, to issue a notice to the delinquent, requesting him to appear before the justice, on a day specified, and show cause, if any he can, why judgment shall not be entered against him, in favor of the county, for the sum. Such notice may be delivered to the sheriff of the county, or any constable of the proper township, and by him served on the party.

Sec. 15. If no sufficient cause be shown, the justice shall enter judgment against the delinquent, for the amount due the county, with costs, which judgment shall be a lien upon all the property real and personal, belonging to the delinquent, from the time the same is entered.

ART. 2393, Sec. 16. In all cases wherein any services are performed by any officer, or officers, under this act, their fees shall be allowed as follows, viz: To the justice, for all services connected with the posting the animal, or animals, which shall include the transcript for the recorder, two dollars. To the county recorder, for recording the transcript, one dollar. For all services performed by the justice under this act, other than the above, and for all services performed by other officers, the same fees as are allowed to civil officers in similar cases.

Sec. 17. Nothing in this act shall be construed so as to apply to the counties of San Diego, Santa Barbara, San Bernardino, Los Angeles, Monterey and San Luis Obispo.

II.-FEES IN THE COUNTIES OF EL DORADO, PLACER, CALAVERAS, SUTTER, TUOLUMNE, SIERRA, SISKIYOU, MARIPOSA, SHASTA, TRINITY, NEVADA, PLUMAS AND AMADOR.

III.-FEES IN THE COUNTIES OF SAN DIEGO, SAN BERNARDINO, TULARE, STANISLAUS, YOLO,

V.-FEES IN THE COUNTIES OF SONOMA, SANTA CLARA, SAN MATEO, NAPA, SAN JOAQUIN, LOS
ANGELES, CONTRA COSTA, SACRAMENTO, ALAMEDA, HUMBOLDT, COLUSI, SANTA CRUZ, SANTA
BARBARA, SAN LUIS OBISPO AND MONTEREY.

2467. Certain officers authorized to require searches in 2475. Fees for naturalization of foreigners.
the offices of each other free of charge.

Act of April 10, 1855, to regulate Fees in Office.-[R. A. St. 1851, 35; St. 1850, 416.

ARTICLE 2394, Sec. 1. Such fees are allowed to the officers herein-after named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand and receive the

same.

Fees of Clerk of Supreme Court.

ART. 2395, Sec. 2 For filing each transcript of record from an inferior court, four dollars. For entering any motion, rule or order, two dollars. For entering judgment, for first folio, two dollars; for each subsequent folio, one dollar. For each certificate given at request, and on seal, two dollars. For copy of record or opinion of court, or other papers, for each folio, thirty cents. For entering each cause on calendar, and making copy for the bar, one dollar. For every remittitur or mandate, for each folio, thirty cents. For searching records or files in his office, (but no charge shall be made to suitors or attorneys,) for each year searched, one dollar. Filing each paper, fifty cents. For certificate of admission as attorney or counselor and seal, ten dollars. For administering oath or affirmation and copying the same, one dollar. For taking and writing out acknowledgment of deeds or other instruments, for each signature, including seal, one dollar. recording opinion of court, each folio, thirty cents. For issuing any process of court, including seal, two dollars.

Fees of Notary Public.

For

ART. 2396, Sec. 3. For drawing and copying every protest for the non-payment

of a promissory note, or for the non-payment, or non-acceptance of a bill of exchange, draft or check, two dollars. For drawing and serving every notice of non-payment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft or check, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition or other paper, for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for each signature, one dollar. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar.

Sec. 4. In the counties of El Dorado, Placer, Calaveras, Sutter, Tuolumne, Sierra, Siskiyou, Mariposa, Shasta, Trinity, Nevada, Plumas and Amador, the fees of office shall be as prescribed in this act from section fourth to section twentysecond inclusive, for the officers named in such parts of this act, and all provisions contained in such parts of this act, shall apply to said officers in these counties.(1) -[Am. April 27, 1857.

Fees of Clerk of District Court.

For

ART. 2397, Sec. 5. For entering each suit on the clerk's register of actions, and making the necessary entries therein, during the progress of the trial, for each folio, forty cents. For issuing every writ or process, under seal, one dollar. For issuing subpena for each witness, twenty-five cents. For filing such paper, twentyfive cents. For entering every motion, rule, order or default, fifty cents. entering every discontinuance, dismissal or nonsuit, fifty cents. For entering every cause on the calendar and making a copy thereof for the bar, for each term of the court, one dollar. For calling and swearing every jury, one dollar. For receiving and entering each verdict of a jury, one dollar. For entering every final judgment, for the first folio, one dollar and fifty cents; for each subsequent folio, forty cents. For filing judgment roll, forty cents. For entering judgment on judgment docket, fifty cents. For entering satisfaction of judgment, one dollar. For administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record or paper, for each folio, forty cents. For every certificate, under seal, one dollar. For searching the files of each year in his office, (but not to charge suitors or attorneys,) one dollar. For issuing every commission to take testimony, one dollar. For taking down testimony of witnesses during trial, for each folio, forty cents. For issuing every execution or other final process, one dollar. For issuing every decree, or order of sale of mortgaged property, one dollar. For issuing writ of injunction or attachment, one dollar. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, one dollar. For taking each bond required by law, one dollar. For taking justification thereto, one dollar. For acknowledgment of deed or other instrument, including all writing, and the seal for each name thereto, one dollar. When the court is setting as a court of criminal jurisdiction, he shall receive for the trial of each issue, where the charge is felony, five dollars. For the trial of each issue, where the charge is misdemeanor, three dollars. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, forty cents.

Fees of Clerk of County Court.

ART. 2398, Sec. 6. For filing all the papers sent on appeal from justices' courts, in each cause, one dollar and fifty cents. For all other services, the same fees as are allowed in the district court for similar services.

(1) Fees in Yuba County regulated by special act, April 27, 1857. Fees in Klamath County regulated by special act, March 28, 1856.