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jury shall render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another by criminal means, who is guilty thereof. Sec. 10. The testimony of the witnesses examined before the Coro-Testimony to be mer's jury shall be reduced to writing by the Coroner, or under his o direction, and shall be forthwith filed by him, with the inquisition, in the office of the Clerk of the District Court of the county. Sec. 11. If, however, the person charged with the commission of {oy the offence be arrested before the inquisition can be filed, the Coroner magistrate. shall deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statement taken before him, to the office of the Clerk of the District Court of the county. Sec. 12. If the jury find that the person was killed by another, .. o, to under circumstances not excusable or justifiable by law, or that his o - - - found guilty of death was occasioned by the act of another by criminal means, and offence the party committing the act be ascertained by the inquisition, and be not in custody, the Coroner shall issue a warrant, signed by him, with his name of office, into one or more counties as may be necessary for the arrest of the person charged. Sec. 13. The Coroner's warrant shall be in substantially the fol-Form of warrant. lowing form: “County of . The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this state: An inquisition having been this day found by a Coroner's jury before me, stating that A. B. has come to his death by the act of C. D. by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above named C. D. and take him before the nearest or most accessible magistrate in this county. Given under my hand this day of , A. D., 18 . E. F. Coroner of the county of .” Sec. 14. The Coroner's warrant may be served in any county, and ..." the officers serving it shall proceed thereon in all respects, as upon a warrant of arrest on an information before a magistrate, except that when served in another county, it need not be endorsed by a magistrate of that county. Sec. 15. The Coroner must, within thirty days after an inquest ...

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upon a dead body, deliver to the County Treasurer any money or o'

other property which may be found upon the body, unless claimed in the mean time by the legal representatives of the deceased. If he fail

to do so, the Treasurer may proceed against the Coroner, to recover the same, by a civil action in the name of the county. Property to be SEc. 16. Upon the delivery of money to the Treasurer, he shall sold and proceeds - - o place it to the credit of the county. If it be other property, he shall, of county. within thirty days, sell it at public auction, upon reasonable public

notice, and shall, in like manner, place the proceeds to the credit of

the county. out. Sec. 17. If the money in the treasury be demanded within six ** years by the legal representatives of the deceased, the Treasurer shall pay it to them, after deducting the fees and expenses of the Coroner and of the county in relation to the matter, or the same may be so paid at any time thereafter, upon the order of the Court of Sessions of the county. Auditing

accounts of Sec. 18. Before auditing and allowing the account of the Coroner, coroller. the Court of Sessions shall require from him a statement in writing, of any money or other property found upon persons on whom inquests

have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the deceased, or to the County Treasurer.

o Sec. 19. If the office of Coroner be vacant, or he be absent, or

1... unable to attend, the duties of his office may be performed by any

cases. Justice of the Peace of the county, with the like authority, and subject to the same obligations and penalties as the Coroner.

Fees of coroner. Sec. 20. In the counties of San Diego, Los Angeles, Santa Barbara, San Luis Obispo, Sonoma, Santa Clara, Monterey, a Coroner shall receive five dollars for each inquest he may hold, and twenty cents for each mile necessarily travelled to hold an inquest. In all other counties of the state a coroner shall receive ten dollars for each inquest he may hold, and twenty-five cents for each mile necessarily travelled to hold an inquest. Coroners' fees shall be county charges. (1) (2)

Fees of Justice Sec. 21. A Justice of the Peace, acting as Coroner, shall be en

acting as coroner. .. -
titled to the same fees, payable in the same manner.

*ś*i. Sec. 22. When an inquest shall be held by the Coroner, and no person shall offer to take charge of the body of the deceased, it shall be his duty to cause said body to be decently interred, and in case that there shall not be sufficient property belonging to the estate of the deceased, to pay the necessary expenses of the said burial, said

(1) Amendment inserted from Stat. 1852, page 167.
(2) See Stat. 1851, page 41, Section 37.

expenses shall be a legal charge upon his county. The Coroner shall compensation be entitled to receive the sum of two dollars out of his County Treasury, for attending to the burial of such dead body. (1)

CHAPTER XLVII.

AN ACT concerning Fraudulent Conveyances and Contracts.
[Passed April 19, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows :

CHAPTER I.
OF FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO LAND.

Section 1. Every conveyance of any estate, or interest in lands, or Fol.

the rents and profits of lands, and every charge upon lands, or the subsequent pur- - chasers for value,

rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void.

Sec. 2. No such conveyance or charge shall be deemed fraudulent io in favor of a subsequent purchaser, who shall have legal notice #."; thereof at the time of his purchase, unless it shall appear that the to fraud. grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.

Sec. 3. Every conveyance or charge of or upon any estate or inte- Deed, with

wer of rest in lands, containing any provision for the revocation, determina-revocation, void

- - as against subsetion, or alteration of such estate, or interest, or any part thereof, at *** the will of the grantor, shall be void as against subsequent purchasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked, or determined, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge. Sec. 4. When a power to revoke a conveyance of lands, or the persons to whom

rents and profits thereof, and to reconvey the same, shall be given to o'o.

any person other than the grantor in such conveyance, and such ####" » person shall thereafter convey the same lands, rents, or profits, to a ...","...'

purchaser for a valuable consideration, such subsequent conveyance “”

(1) Additional section from Stat. 1852, page 167.

shall be valid in the same manner, and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared.

Conveyance SEc. 5. If a conveyance to a purchaser, under either of the two

under either of

o: last preceding sections, shall be made before the person making the

voting of power same shall be entitled to execute his power of revocation, it shall

of revocation. - - nevertheless be valid from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made.

No interest in Sec. 6. No estate or interest in lands, other than leases for a term lands, except - i. s. not exceeding one year, nor any trust or power over or concerning #on lands, or in any manner relating thereto, shall hereafter be created, by deed. granted, assigned, surrendered, or declared, unless by act or oper. ation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing,

Last section not Sec. 7. The preceding section shall not be construed to affect in ...'..." any manner the power of a testator in the disposition of his real #.” estate by a last will and testament, nor to prevent any trust from aris.

ing or being extinguished by implication or operation of law.

w • Contracts for SEc. 8. Every contract for the leasing for a longer period than one leases for more - - ll b minoj year, or for the sale of any lands, or any interest in lands, shall be or for sale of any - f it..'...' void, unless the contract, or some note or memorandum thereof exvoid if not in . - - - - a -

writing. pressing the consideration, be in writing, and be subscribed by the

party by whom the lease or sale is to be made. Instruments may SEc. 9. Every instrument required to be subscribed by any person, }...'....” under the last preceding section, may be subscribed by the agent of

such party, lawfully authorized. Not applicable to SEc. 10. Nothing contained in this chapter shall be construed to jo abridge the powers of courts to compel the specific performance of

agreements, in cases of part performance of such agreements.

CHAPTER II.

of FRAUDULENT conveyANCES AND contRACTs, RELATIVE TO GOODS, CHATTELS, AND THINGS IN ACTION.

of Section. 11. All deeds of gift, all conveyances, and all transfers or

tels in trust for ssi itf - in action o, assignments, verbal or written, of goods, chattels, or things in action,

against creditors made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such person. Certain agree- SEC. 12. In the following cases, every agreement shall be void, unthe consideration, be in writing, and subscribed by the party charged therewith : 1. Every agreement that by the terms is not to be performed within one year from the making thereof: 2. Every special promise to answer for the debt, default, or miscarriage of another: 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. SEc. 13. Every contract for the sale of any goods, chattels, or !o. of l things in action, for the price of two hundred dollars or over, shall t oo e value of $200 be void, unless, 1st, a note or memorandum of such contract be made or more. in writing, and be subscribed by the parties to be charged therewith ; or, 2d, unless the buyer shall accept or receive part of such goods, or the evidences, or some of them, of such things in action; or, 3d, unless the buyer shall at the time pay some part of the purchase money. Sec. 14. Whenever any goods shall be sold at auction, and the sales by auction. auctioneer shall, at the time of sale, enter in a sale book, a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person On whose account the sale is made; such memorandum shall be deem- *o" td a note of the contract of sale within the meaning of the last section.

ments void unless *...* and less such agreement, or some note or memorandum thereof, expressing s eq.

Sec. 15. Every sale made by a vender of goods and chattels in his ol. possession, or under his control, and every assignment of goods and woge thattels, unless the same be accompanied by an immediate delivery, evidence of fraud. and be followed by an actual and continued change of possession of things sold or assigned, shall be conclusive evidence of fraud as against the creditors of the vender, or the creditors of the person making such assignment, or subsequent purchasers in good faith. Soc. 16. The term “creditors,” as used in the last section, shall o” be construed to include all persons who shall be creditors of the vender or assignor, at any time while such goods and chattels shall remain in his possession, or under his control. Sec. 17. No mortgage of personal property hereafter made shall Mojo be valid against any other persons than the parties thereto, unless * Possession of the mortgaged property be delivered to and retained by ooloo the mortgagee. o:* Soc. 18. Nothing contained in the three last sections shall be con-Three preceiling trued to apply to contracts of bottomry, respondentia, nor assign- too, ments or hypothecations of vessels or goods, at sea, or in foreign cases. *ales, or without this state: Provided, the assignee or mortgagee Proviso. * take possession of such vessel or goods as soon as may be after

* arrival thereof within this state.

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