So as to include bridges, ditches, etc. mechanics, and others," passed April twelfth, one thousand eight hundred and fifty, shall be extended so as to include in its provisions, 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 and regulations as, in and by said act, is provided for liens upon buildings and wharves. under the act. Property of wife to be her separate property. Property of husband to be his separate property. After acquired, property to be common property, except, etc. Inventory of separate property of wife to be made, acknowledged, and recorded. Inventory to be recorded in counties where property lies. Filing inventory notice of wife's title, and her property aot liable for debts of husband. Husband to have management of CHAPTER CXLVII. AN ACT defining the Rights of Husband and Wife.— [Passed ̧ The People of the State of California, represented in Senate and SECTION 1. All property, both real and personal, of the wife, owned by her before marriage, and that acquired afterwards by gift, bequest, devise, or descent, shall be her separate property; and all property, both real and personal, owned by the husband before marriage, and that acquired by him afterwards, by gift, bequest, devise, or descent, shall be his separate property. SEC. 2. All property acquired after the marriage by either husband or wife, except such as may be acquired by gift, bequest, devise, or descent, shall be common property. SEC. 3. A full and complete inventory of the separate property of the wife shall be made out and signed by the wife, acknowledged or 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. 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. 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, included in the inventory, shall be exempt from seizure or execution for the debts of her husband. SEC. 6. The husband shall have the management and control of the wife's property separate property of the wife, during the continuance of the marriage; but no sale or other alienation of any part of such property can be during coverture. wife's estate can made, nor any lien 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. property for husband. 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. appointed to of wife. removed. 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. To account. of husband over common property. of separate 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) entire control of property. husband's debts. dower not 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. (1) Amendment inserted from Stat. 1853, p. 165. Distribution 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 of common of death. Division of common property in 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. SEC. 12. In case of the dissolution of the marriage, by the decree 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. Debts of wife contracted before marriage. SEC. 13. The separate property of the husband shall not be liable for the debts of the wife contracted before the marriage, but the separate 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. Act to govern rights of husband otherwise stipulated. Act to apply to after acquired property of SEC. 15. The rights of husband and wife, married in this state prior to the passage of this act, or married out of this state, who shall persons 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. Marriage contracts to be in writing, etc. Marriage contracts to be recorded. Marriage contract recorded to be notice to third parties. Marriage contracts not to MARRIAGE CONTRACTS. 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. 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. 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 county where the same is deposited, impart full notice to all persons of the contents thereof. 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, and if it relates to real estate in other counties, with the recorder of the county wherein such property is situated. a valid marriage 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 marthe celebration of the marriage, but not afterwards. riage contract. tract not to alter descent, nor legal rights of 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. survivor as derogating from husband and 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 invalid. husband, as the head of the family, or to the surviving husband or wife, as the guardian of their children. CHAPTER CXLVIII. 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 CHAPTER I. THE TIME OF COMMENCING ACTIONS IN GENERAL. periods civil 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. commenced. of action has 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 of already accrued. this act, the whole period herein prescribed, in which to commence an action. (1) See next section for another act on this subject. Suits by the people for real property. Suits by persons claiming by letters patent. Action for real property after letters patent declared void. Plaintiff not to recover real in possession CHAPTER II. THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY. SECTION 3. The people of this state will not sue any person for or 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: 1st. 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 of ten years. SEC. 4. No action shall be brought for or in respect to real property 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 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 forfeiture, 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 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. within five years. No cause of ac tion, etc., found unless party in SEC. 7. No cause of action, or defence to an action founded upon ea on title to real the title to real property, or to rents or services out of the same, shall property effectual be effectual, unless it appear that the person prosecuting the action, 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 |