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mechanics, and others," passed April twelfth, one thousand eight hunSo as to dred and fifty, shall be extended so as to include in its provisions, include bridges, ditches, etc. bridges, ditches, flumes, or aqueducts, constructed to create hydraulic
power, or for mining purposes; and all master-builders, mechanics, lumber merchants, contractors, journeymen or laborers, and all other persons performing labor, or furnishing materials for, or employed in
the construction or repair of, any bridge, ditch, flume or aqueduct Rights of parti aforesaid, shall have the same lien, subject to the same provisions under the act.
and regulations as, in and by said act, is provided for liens upon buildings and wharves.
AN ACT defining the Rights of Husband and Wife.- [Passed
April 17, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Propeaty of wife Section 1. All property, both real and personal, of the wife, owned to be her separate property. by her before marriage, and that acquired afterwards by gift, bequest, Property of devise, or descent, shall be her separate property; and all property, husband to be his separate both real and personal, owned by the husband before marriage, and property.
that acquired by him afterwards, by gift, bequest, devise, or descent,
shall be his separate property. After acquired, Sec. 2. All property acquired after the marriage by either husproperty to be
band or wife, except such as may be acquired by gift, bequest, devise, erty, except, etc.
or descent, shall be common property. Inventory of Sec. 3. A full and complete inventory of the separate property of property of wise the wife shall be made out and signed by the wife, acknowledged or acknowledged, proved in the manner required by law for the acknowledgment or
proof of a conveyance of land, and recorded in the office of the
recorder of the county in which the parties reside. Inventory to be
SEC. 4. If there be included in the inventory any real estate lying
in other counties, the inventory shall also be recorded in such counties. property lies. Filing inventory Sec. 5. The filing of the inventory in the recorder's office shall be
notice of the title of the wife, and all property belonging to her, inproperty aot
cluded in the inventory, shall be exempt from seizure or execution
for the debts of her husband. Husband to have Sec. 6. The husband shall have the management and control of the management of wife's property separate property of the wife, during the continuance of the marriage; during
but no sale or other alienation of any part of such property can be
recorded in counties where
notice of wife's title, and her
liable for debts of husband.
wife's estate can
made, nor any lion or incumbrance created thereon, unless by an in- Alienation of strument in writing, signed by the husband and wife, and acknowledged only be by deed. by her upon an examination separate and apart from her husband, before a justice of the supreme court, judge of the district court, county judge, or notary public, or if executed out of the state, then so acknowledged before some judge of a court of record, or before a commissioner, appointed under the authority of this state to take acknowledgment of deeds.
Sec. 7. When any sale shall be made by the wife of any of her Sales of wife's separate property, for the benefit of her husband, or when he shall benefit of have used the proceeds of such sale with her consent in writing, it shall be deemed a gift, and neither she nor those claiming under her shall have any right to recover the same.
Sec. 8. If the wife has just cause to apprehend that her husband Trustees may be has mismanaged or wasted, or will mismanage or waste, her separate manage property property, she, or any other person in her behalf, may apply to the district court for the appointment of a trustee, to take charge of and manage her separate estate : such trustee may, for good cause shown, Trustees may be be from time to time removed by the court, and another appointed in his place. Before entering upon the discharge of his trust, he shall To give bond. execute a bond, with sufficient surety or sureties, to be approved by the court, for the proper performance of his duties. In case of the appointment of a trustee for the wife, he shall account for and pay over to the husband and wife, or either of them, the income and profits of the wife's estate, in such manner and proportion as the court may direct.
Sec. 9. The husband shall have the entire management and con- Power trol of the common property, with the like absolute power of disposition, as of his own separate estate; and the rents and profits of the separate estate of either husband or wife shall be deemed common property; unless in the case of the separate property of the wife, Income it shall be provided by the terms of the instrument whereby such property. property may have been bequeathed, devised or given to her, that wife to have the rents and profits thereof shall be applied to her sole and separate bequeathed use; in which case the entire management and disposal of the rents and profits of such property shall belong to the wife, and shall not Not liable for be liable for the debts of the husband. (1)
Sec. 10. No estate shall be allowed to the husband as tenant by Courtesy, and courtesy upon the decease of his wife, nor any estate in dower be al- allowed. lotted to the wife upon the decease of the husband.
of husband over common property.
entire control of
(1) Amendment inserted from Stat. 1853, p. 165.
Distribution of common
Sec. 11. Upon the dissolution of the community by the death of property in case either husband or wife, one half of the common property shall go to
the survivor, and the other half to the descendants of the deceased husband or wife, subject to the payment of the debts of the deceased. If there be no descendants of the deceased husband or wife, the
whole shall go to the survivor, subject to such payment. Division of com Sec. 12. In case of the dissolution of the marriage, by the decree mon property in case of divorce. of any court of competent jurisdiction, the common property shall be
equally divided between the parties, and the court granting the decree shall make such order for the division of the common property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require.
Sec. 13. The separate property of the husband shall not be liable marriage. for the debts of the wife contracted before the marriage, but the sep
arate property of the wife shall be and continue liable for all such debts.
Sec. 14. In every marriage hereafter contracted in this state, the and wife, unless rights of husband and wife shall be governed by this act, unless there
is a marriage contract containing stipulations contrary thereto. stipulated. Act to apply to Sec. 15. The rights of husband and wife, married in this state pri. after acquired property of or to the passage of this act, or married out of this state, who shall marina.already reside and acquire property herein, shall also be determined by the
provisions of this act, with respect to such property as shall be hereafter acquired, unless so far as such provisions may be in conflict with the stipulations of any marriage contract.
Debts of wife contracted before
Act to govern
Marriage contracts to be in writing, etc.
contracts to be recorded.
Sec. 16. All marriage contracts shall be in writing, and executed and acknowledged or proved, in like manner as a conveyance of land
is required to be executed and acknowledged or proved. Marriage Sec. 17. When a marriage contract shall be acknowledged or
proved, it shall be recorded in the office of the recorder of the county in which the parties reside, and also in the office of the recorder of every county in which any real estate may be situated, which is
conveyed or affected by such marriage contract. Marriage
Sec. 18. When any marriage contract is deposited in the recorder's
office for record, it shall, as to all property affected thereby, in the third parties.
county where the same is deposited, impart full notice to all persons
of the contents thereof. Marriage Sec. 19. No marriage contract shall be valid, or affect any propaffect third party erty, except between the parties thereto, until it shall be deposited unless recorded.
for record with the recorder of the county where the parties reside,
contract recorded to be notice to
contracts not to
a valid marriage
tract not to alter
and if it relates to real estate in other counties, with the recorder of the county wherein such property is situated.
Sec. 20. A minor, capable of contracting matrimony, may enter Minor may make into a marriage contract, and the same shall be as valid as if he was contract. of full age: Provided, it be assented to, in writing, by the person or persons whose consent is necessary to his marriage. Sec. 21. A marriage contract may be altered at any time before Altering mar
riage contract. the celebration of the marriage, but not afterwards.
Sec. 22. The parties to any marriage contract shall enter into no Marriage conagreement, the object of which shall be to alter the legal order of legal order of descent, either with respect to themselves in what concerns the inheri- derogate from tance of their children or posterity, or with respect to their children husband, or of between themselves, nor derogate from the rights given by law to the guardian. husband, as to the head of the family, or to the surviving husband or wife, as the guardian of their children.
Sec. 23. No stipulation of any marriage contract shall be valid, Stipulations which shall derogate from the rights given by law to the husband, certain rights of over the persons of his wife and children, or which belong to the wife in valid. husband, as the head of the family, or to the surviving husband or wife, as the guardian of their children.
AN ACT defining the Time for commencing Civil Actions. (1)
- [Passed April 22, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
THE TIME OF COMMENCING ACTIONS IN GENERAL.
SECTION 1. Civil actions can only be commenced within the periods Within what prescribed in this act, after the cause of action shall have accrued, actions may be except where a different limitation is prescribed by statute.
Sec. 2. When the cause of action has already accrued, the party where the cause entitled and those claiming under him shall have, after the passage
already accrued. this act, the whole period herein prescribed, in which to commence an action.
of action has
(1) See next section for another act on this subject.
THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL
of ten years.
Action for real property after
Suits hy the
Section 3. The people of this state will not sue any person for or people for real property.
in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : Ist. Such right or title shall have accrued within ten years before any action or other proceeding for the same shall be commenced, or unless, 2d. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the
space Suits by persons
Sec. 4. No action shall be brought for or in respect to real property letters patent. by any person claiming by virtue of letters patent or grants from this
state, unless the same might have been commenced by the people as herein specified, in case such patent or grant has not been issued or made.
Sec. 5. When letters patent or grants of real property shall have letters patent been issued or made by the people of this state, and the same shall be
declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or for. feiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the people of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within five years after such determination was made, but not after that period.
Sec. 6. No action for the recovery of real property, or for the reproperty unless covery of the possession thereof, shall be maintained, unless it appear within five years, that the plaintiff, his ancestor, predecessor, or grantor, was seized or
possessed of the premises in question, within five years before the commencement of such action.
Sec. 7. No cause of action, or defence to an action founded upon ei on title to real the title to real property, or to rents or services out of the
shall property effoetual be effectual, unless it appear that the person prosecuting the action, unless party in
or making the defence, or under whose title the action is prosecuted, or the defence is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question, within five years before the commencement of the act in respect to which such
action is prosecuted or defence made. Entry not valid Sec. 8. No entry upon real estate shall be deemed sufficient or valid
Plaintiff not to recover real
No cause of action, etc., found