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Revocation of wills.

to call in the widow, or other person or persons interested, to contest the probate of such will, if they think proper.

Sec. 10. No will in writing shall be revoked, unless by burning, tearing, cancelling, or obliterating the same, with the intention of revoking it by the testator, or by some person in his presence, or by his direction, or by some other will or codicil in writing, executed as prescribed by this act, or by some other writing, signed, attested, and

subscribed, in the manner provided by this act, for the execution of Implied by law. a will; but nothing contained in this section shall prevent the revo

cation implied by law, from subsequent changes in the condition or

circumstances of the testator. Antecedent not revived by revo

Sec. 11. If after the making of any will, the testator shall duly cation of subse- make and execute a second will, the destruction, cancelling, or revoquent will

cation of such second will, shall not revive the first will, unless it appear by the terms of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruc

tion, cancelling, or revocation, the first will shall be duly republished. Effect of

Sec. 12. If after the making of any will, the testator shall marry, marriage of a man on his will

. and the wife shall be living at the death of the testator, such will

shall be deemed revoked, unless provision shall have been made for her by marriage contract, or unless she shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision, and no other evidence to rebut the presump

tion of revocation, shall be received. Effect of marriage Sec. 13. A will, executed by an unmarried woman, shall be deemed

revoked, on her subsequent marriage, and shall not be revived by the death of her husband.

Sec. 14. A bond, covenant, or agreement, made by a testator, to vised not a revo- convey any property devised or bequeathed in any will previously cation of devise.

made, shall not be deemed a revocation of such previous devise or bequest ; but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for the specific performance, or otherwise, against the devisees or legatees, as might be had by law against the heirs of the testator, if the same had descended to them.

Sec. 15. A charge or incumbrance upon any estate, for the purpose of securing the payment of money, or the performance of any covenant or agreement, shall not be deemed a revocation of any relating to the same estate which was previously executed, but the devise and legacies therein contained, shall pass, subject to such charge or incumbrance.

of a woman on her will.

Covenant to convey property de

Mortgage not a revocation of will.

will

after making of

of children of tes.

for by his will.

Sec. 16. When any child shall have been born, after the making Children born of its parent's will, and no provision shall be made for him or her will. therein, such child shall have the same share in the estate of the testator as if the testator had died intestate ; and the share of such child shall be assigned as provided by law, in case of intestate estates, unless it shall be apparent from the will, that it was the intention of the testator that no provision should be made for such child.

Sec. 17. When any testator shall omit to provide in his or her Children or issue will for any of his or her children, or for the issue of any

deceased tator unprovided child, unless it shall appear that such omission was intentional, such child, or the issue of such child, shall have the same share in the estate of the testator as if he or she had died intestate, to be assigned as provided in the preceding section.

Sec. 18. When any share of the estate of a testator shall be as- Share of aftersigned to a child born after the making of a will, or to a child, or the of what part of

estate to be paid issue of a child, omitted in the will, as hereinbefore mentioned, the same shall first be taken from the estate not disposed of by the will, if any; if that shall not be sufficient, so much as shall be necessary shall be taken from all the devisees or legatees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise or bequest, or other provision in the will, would thereby be defeated; in such case, such specific devise, legacy, or provision, may be exempted from such apportionment, and a different apportionment, consistant with the intention of the testator, may be adopted.

Sec. 19. If such child or children, or their descendants, so unpro- Advancement vided for, shall have had an equal proportion of the testator's estate desting rifetime of bestowed on them in the testatoris lifetime, by way of advancement, they shall take nothing in virtue of the provisions of the three preceding sections.

Sec. 20. When any estate shall be devised to any child, or other Death of devisee, relation of the testator, and the devisee shall die before the testator, testator, in life leaving lineal descendants, such descendants shall take the estate so leaving lineal

time of testator,

descendants. given by the will, in the same manner as the devisee would have done, if he would have survived the testator.

Sec. 21. Every devise of land in any will shall be construed to Devisce of landconvey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that he intended to convey a less estate.

Sec. 22. Any estate, right, or interest in lands acquired by the After-acquired testator, after the making of his or her will, shall pass thereby, by winy

how construed.

property to pass

Will made out of state subject to this act.

in like manner as if it passed at the time of making the will, if such shall manifestly appear by the will to have been the intention of the testator,

Sec. 23. No will made in any other of the United States, or in any foreign country or state, shall be deemed valid as will in this state, unless executed according to the provisions of this act.

Sec. 24. The term “will,” as used in this act, shall be so construed as to include all codicils as well as wills.

Will includes codicil.

CHAPTER XXV.

AN ACT to prevent Obstructions in Navigable Streams. — [Passed

April 10, 1850.)

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

Assembly, do enact as follows :

Tenalty for
obstructing
navigation of any
navigable
stream.

Section 1. If any person shall obstruct the navigation of any river or water course of this state, which has or may become a public highway, by being by law declared a navigable stream, by constructing any dam, bridge, ferry, or machinery of any kind, or by felling trees into any such stream, or in any other manner shall obstruct the waters of any such river, the person so offending shall, upon conviction thereof before the County Court of the respective county which shall have jurisdiction in such cases, pay double damages to any person sustaining injury thereby, together with the costs of the suit, and be fined, not exceeding two hundred dollars, to be paid to the County Treasurer, and to be applied to the improvement of public highways.

Sec. 2. The above act shall not be so construed as to prohibit ferbridges, etc., not ries being made in such a manner as will not interfere with the prohibited.

navigation of any such stream, or the construction of ferries, bridges, dams, or machinery, authorized by a special permit, setting forth the manner and extent of such improvement, from the Court of Sessions of the county or counties within the limits of which said improvement is made.

Construction of certain ferries,

CHAPTER XXVI.

AN ACT to provide for the permanent location of Seats of Justice

of the sereral Counties.—[Passed April 11, 1850.]

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

Assembly, do enact as follows :

site.

may order elec

held.

Section 1. Whenever the inhabitants of any county desire to removo Reinoval of seat the seat of justice of the county from the place where it is fixed, by election of future the “ Act subdividing the state into counties, and establishing the seats of justice therein,” they may present a petition to the County Judge of their county, praying such removal, and that an election shall be held to determine to what place such removal shall be made.

Sec. 2. If the County Judge be satisfied that the petition is signed County Judge by one third of the number of voters voting at the April election, it tion. shall be his duty to order an election, naming the day on which it shall be held, specifying its object, and the manner in which the votes are to be given.

Sec. 3. Notice of not less than thirty days shall be given of the Notice of election, by publication in some newspaper, if there be one published published. in the county, and by posting up notices thereof in at least five publio places in the county. The election shall be held and conducted, and Election-how the returns made in all respects in the manner prescribed by law, in regard to elections for county officers.

Sec. 4. In voting on the question, each elector may vote for any How electors may place in the county which he may prefer as the seat of justice, the place to be plainly designated in his ballot.

Sec. 5. When the returns shall have been received and compared, Result of election and the result ascertained by the County Judge, if a majority of all the votes cast shall have been given in favor of any particular place, it shall be his duty to give notice of the result, by publication in some newspaper, if there be one printed in the county; if not, then by causing notices thereof to be posted up in not less than five public places in the county.

Sec. 6. In such notice he shall declare the place selected to be the form of notice seat of justice of the county, from and after some day to be named therein, which day shall be the earliest at which offices can be procured at the new seat of justice for the use of the several county

vote.

When seat of justice considered changed. Statement of result of election

officers, and for the security of their records, and shall in no case be more than ninety days after the day of election.

Sec. 7. After the day named in the notice, the place chosen shall be the seat of justice of the county.

Sec. 8. Whenever any election has been held, as provided for in to be deposited in the preceding sections of this act, the statement made up by the Coun

,
ty Judge showing the result thereof, shall be deposited in the office of
the Court of Sessions, and whenever he shall give the notice prescrib-
ed by the fifth section of this act, he shall transmit a certified copy

thereof to the Secretary of State. Where a majority Sec. 9. When an election has been held, and a majority of all the of votes is not for the change. votes cast has been given for some other place than that fixed as the

seat of justice of the county by the “ Act subdividing the state into counties, and establishing the seats of justice therein,” no second election for the removal of the seat of justice shall be held within

one year thereafter. Subsequent Sec. 10. When the seat of justice of any county has been once of justice. removed, it

may be again removed from time to time, in the manner prescribed by this act; but no election shall be ordered to effect any such subsequent removal, unless the petition praying an election be signed by a majority of all the electors of the county, nor unless at such election, when ordered, two thirds of all the votes cast shall be given in favor of some other place as the seat of justice of the county, nor shall two elections, to effect such removal, be held within any

removals of seat

three years.

CHAPTER XXVII.

AN ACT relating to Bills of Exchange and Promissory Notes.

[Passed April 16, 1850.]

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

Assembly, do enact as follows :

SECTION 1. All notes in writing, made and signed by any person, Written promises whereby he shall promise to pay to any other person or to his order, to pay money to

be like or to the order of any other person, or unto the bearer, any sum of bills of exchange.

money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner as inland bills of exchange, according to the custom of

merchants. Notes signed by Sec. 2. Every such note signed by the agent of any person,

be

agents.

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