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band or wife, the estate shall go to his or her father. 3. 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. 4. 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. 5. 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. 6. 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, 7. 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. 8. If, at the death of such child, who shall die under

age, and not having been married, all the other children of his said parent 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 representation. 9. 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. Every illegitimate child shall be considered as an heir of Illegitimate child the

person who shall, in writing, signed in the presence of a compe- certain events. tent witness, have acknowledged himself to be the father of such child; and shall in all cases be considered as heir of his mother, and shall inherit his or her estate, in whole or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he shall not be allowed to claim, as representing his father or mother, any part of the estate of his or her kindred, either lineal or

may be heir in

Estate of illegiti. mate child dying

issue-how distributed.

dred-how com

collateral, unless, before his death, his parents shall have intermar-
ried, and his father, after such marriage, shall have acknowledged
him as aforesaid, or adopted him into his family; in which case such
child and all the legitimate children shall be considered as brothers
and sisters, and on the death of either of them, intestate, and without
issue, the others shall inherit his estate, and he theirs, as hereinbefore
provided, in like manner as if all the children had been legitimate;
saving to the father and mother respectively, their rights in the
estates of all the said children, as provided hereinbefore, in like
manner as if all had been legitimate. The issue of all marriages
deemed null in law, or dissolved by divorce, shall be legitimate.

Sec. 3. If any illegitimate child shall die intestate, without lawful intestate without issue, his estate shall descend to his mother, or, in case of her decease,

to her heirs at law. Degrees of kin

Sec. 4. The degrees of kindred shall be computed according to the puted.

rules of the civil law, and kindred of the half blood shall inherit
equally with those of the whole blood, in the same degree, unless the
inheritance come to the intestate by descent, devise, or gift of some
one of his ancestors, in which case all those who are not of the blood

of such ancestors, shall be excluded from such inheritance.
Advancement in
lifetime of intes-

Sec. 5. Any estate, real or personal, that may have been given by

the intestate in his lifetime, as an advancement to any child, or other
sidered in distri.
buting his estate. lineal descendant, shall be considered as a part of the estate of the

intestate, so far as it regards the division and distribution thereof
among his issue, and shall be taken by such child, or other lineal de-
scendant, towards his share of the estate of the intestate.

Sec. 6. If the amount of such advancement shall exceed the share share of party to of the heir so advanced, he shall be excluded from

any
further

porwhom advanced,

tion, in the division and distribution of the estate, but he shall not be
required to refund any part of such advancement; and if the amount
so received shall be less than his share, he shall be entitled to as much

more as will give him his full share of the estate of the deceased. What gifts to be Sec. 7. All gifts and grants shall be deemed to have been made in

advancement, if they are expressed in the gift or grant to be so made,
or if charged in writing by the intestate as an advancement, or ac-
knowledged in writing as such, by the child or other descendant.

Sec. 8. If the value of the estate so advanced, shall be expressed
in the conveyance, or in the charge thereof made by the intestate, or
in the acknowledgment of the party receiving it, it shall be consid-
ered as of that value, in the division and distribution of the estate:
otherwise, it shall be estimated according to its value when given, as
nearly as the same can be ascertained.

tate to be con

Where advancement exceeds the

he is to be ex. cluded from further portion.

deemed advancements.

Value of advancements how estimated.

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leaving issue.

Sec. 9. If any child, or other lineal descendant so advanced, shall Effect of addie before the intestate, leaving issue, the advancement shall be taken where party so into consideration, in the division and distribution of the estate, and before intestate, the amount thereof shall be allowed accordingly, by the representatives of the heirs so advanced, in the like manner as if the advancement had been made directly to them.

Sec. 10. The provisions of this act, as to the inheritance of the Inheritance by husband and wife from each other, apply only to the separate prop- wife from each erty of the intestate.

Sec. 11. Inheritance or succession “by right of representation,” Where inheri: takes place when the descendants of any deceased heir take the same representation

takes place. share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents.

husband and

other

CHAPTER XLIII.

AN ACT concerning the office of Surveyor General. (1)-[Passed

April 17, 1850.)

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

Assembly, do enact as follows:

office hours.

state.

sioned by Gover

office, and give

Section 1. The Surveyor General shall keep an office at the seat Surveyor Geneof government, which office shall be open every day (Sundays ex- where kept and cepted), from the hours of 10 o'clock A. M., to 4 o'clock P. M. He shall not leave the state, except in performance of his official duties, Not to leave without permission of the Governor.

Sec. 2. He shall be commissioned by the Governor ; but, before To be commissuch commission shall issue, and before entering upon his duties, he nor, take oath of shall take the oath of office, and execute a bond to the state in the bond! penal sum of ten thousand dollars, conditioned for the faithful performance of all the duties of his office.

Sec. 3. He shall, when required by law, make an accurate and To make survey. complete survey, by astronomical observations and linear surveys, of the boundaries of the state as declared by the constitution, or as may be hereafter determined by the Congress of the United States and the people of this state.

(1) Stat. 1851, p. 416, Sec. 5, and Stat. 1852, p. 49, Sec. 1, and p. 117, Sec. 1.

Maps of state.

What to be marked on map.

lines between counties.

To preserve
books, etc., and to
deliver same to
successor.

Sec. 4. He shall make an accurate map of the state.

Sec. 5. When required by law, he shall survey, and, when necessary, designate by plainly visible marks, or monuments, and shall describe on the

map of the state, the boundary lines of the several counties and incorporated cities and towns in the state ; and when a boundary line of the state or of any county intersects with or passes in the immediate vicinity of the coast, or of any lake, stream, range of hills or mountains, or other conspicuous object on the surface of the earth, he shall, by the proper observations, determine the place of such intersection, or the distance and bearing from the said boundary line of such point of said object as may be nearest to said boundary line, and will best serve as a distinguishing landmark. He shall also determine and describe on the map of the state the length and course of every important stream and lake, and of every important range

of hills or mountains, and the greatest elevation or highest peak To run boundary thereof, within the limits of any county. When called upon by the

county authorities of any county, he shall run any boundary line, or portion of a line, between such county and an adjoining county.

Sec. 6. The Surveyor General shall preserve in his office at the seat of government and deliver to his successor all books, maps, plans, drawings, levels, surveys, and field notes, in any way pertaining to his official duties, and shall deliver as aforesaid all instru

ments and other things belonging to his office. May require Sec. 7. The Surveyor General is authorized to require the county county surveyors

surveyors to assist him within the limits of their respective counties, Compensation in the execution of any surveys called for by this act; and the

county surveyors when so employed shall receive from the state the same compensation which they are entitled to demand from individuals of their respective counties for the performance of the like

services. Chief Engineer Sec. 8. The Surveyor General shall be chief engineer and com

missioner of internal improvements, and is authorized from time to improvements

time, when necessary to the discharge of his duties, to employ a comdraughtsmen.

petent person to act as draughtsman, provided that the sum to be expended in this manner shall not exceed two thousand dollars for the current year one thousand eight hundred and fifty. The said sum is hereby appropriated to be paid out of any money in the treasury not otherwise appropriated. The expenditures of the Surveyor General herein provided for shall be verified by an account signed by the person employed, certified by the Surveyor General to be correct and necessary, and audited by the Comptroller before the same shall be paid by the Treasurer.

to assist him.

to county surveyors.

and commissioners of internal

may employ

al reports to Governor on matters

Sec. 9. He shall deliver to the Governor annually, on or before To deliver annuthe fifteenth day of December, his report, which shall contain,

specified. 1st. An accurate statement of the progress

he
may

have made in the execution of the surveys enjoined on him by law, and in the preparation of the map of the state.

2d. Plans and suggestions for the improvement of the internal navigation of the state, and for the construction and improvement of roads, turnpikes, railroads, canals, and aqueducts; also, plans and suggestions for the planting, preservation, and increase of forests of timber trees, for the draining of marshes, prevention of overflows. and the irrigation of arable lands, by means of reservoirs, canals, artesian wells, or otherwise.

3d. An estimate of the aggregate quantity of land belonging to the state, and the best information he may be able to obtain as to the characteristics of the same.

4th. An estimate of the aggregate quantity of all lands used for, or adapted to tillage and grazing within this state, and each county of the state, together with a description of the locations in which the same may be situated.

5th. An estimate of the aggregate number of horses, cattle, sheep and swine within the state, and each county of the state.

6th. An estimate of the aggregate quantity of wheat, rye, maize, potatoes, grapes, and other agricultural productions of the preceding year, together with his views as to the presence, cause, and remedy of any diseases, or other mischief preventing a full and proportionate return and increase of the same.

7th. An estimate of the aggregate quantity of all mineral lands within the state and each county of the state, and the quantity and value of each mineral produced during the preceding year, together with a description of the localities in which such minerals may be found.

8th. All facts which may be within his personal knowledge, or which he may learn from reliable sources, and which may, in his opinion, be calculated to promote the full development of the resources of the state.

Sec. 10. He shall address a circular letter to the County Survey- To obtain quarors and County Assessors, instructing them, and it is hereby made a county surveyors part of their official duties, to use their utmost diligence in collecting information relative to each and every matter mentioned in the ninth section of this act, and to transmit to him quarterly, at the seat of government, a report in writing, setting forth the result of their inquiries.

and assessors.

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