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Duties and

interested.

any

annual returns.

sum not less than thirty thousand dollars, and which may at any time
be increased in the discretion of the probate judge, conditioned for
the faithful performance of all the duties enjoined upon him by law,
and particularly, that he will account for, and pay over all moneys
and property that may come to his hands as such administrator.
Sec. 3. He shall perform such duties and receive such compensa-

compensation. tion as may be prescribed by law. (1)

Sec. 4. No public administrator now in office, or hereafter elected Not to be under this act, shall be interested directly or indirectly in expenditures of kind made on account of any estates of deceased persons; nor shall he be associated in business or otherwise with any person who shall be so interested, and he shall annex to his report every six months, as required by this act, an affidavit taken before a county or district judge to that effect.

Sec. 5. The public administrator shall once every six months make to make semito the probate judge under oath a return of all estates of deceased persons which have come into his hands, of the value of the same, the expenses if any paid thereon, and the balance if any remaining in his hands ; said return to be published six times in some newspaper in the county, or, if there be no newspaper, to be posted, legibly written or printed, in the office of the county clerk of the county.

Sec. 6. It shall be the duty of the present public administrators, Duty on retiring each to account for, pay over, and deliver, to his successor within twenty days after he shall have qualificd, all moneys, papers, and other property, belonging to the estates of deceased persons which may have come into his possession as such administrator, or be held by him by virtue of his office. Said report shall be made under oath and shall contain a full and accurate statement of all the estates which have been administered by him; showing what moneys or effects have been received in each case, and from what sources ; the sums expended and for what purposes.

Sec. 7. If any person now holding the office of public administra- Penalty for tor shall fail to comply with the requirements of this act, he shall neglect of duty be liable on his official bond, to any person injured thereby; and may be indicted as for misdemeanor, and punished by fine not to exceed the sum of five thousand dollars, or imprisonment not to exceed two years, or by both such fine and imprisonment.

Sec. 8. The first election under this act shall be held in all the Election, when counties of this state at the general election for state officers--except in the county of San Francisco, where the said election shall be held on the fourth Monday of April.

from office.

to be held.

(1) For fees of, see ante, p. 337.

Vacancies, how filled.

Sec. 9. Should a vacancy occur in the office of public administrator for any county, it shall be the duty of the district judge in whose district said county is situated, to appoint some suitable person to fill the same.

Sec. 10. All provisions of law conflicting with this act are hereby repealed.

Inconsistent provisions repealed.

CHAPTER CLVI.

AN ACT concerning the office of Public Administrator for the

County of San Francisco, and making it elective. (1)-(Passed
March 8th, 1851

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

Assembly, do enact as follows :

Public administrator to be elected.

To take oath and give bond.

pay over all

may come to his

Section 1. There shall be elected in and for the county of San Francisco a public administrator, who shall continue in office until his successor is qualified.

Sec. 2. Before entering upon the duties of his office he shall take the customary oath, and execute a bond to the state of California with sureties, to the approval of the probate judge, in the sum of fifty thousand dollars, conditioned for the faithful discharge of all the duties enjoined upon him by law, and particularly that he will account for and

moneys and property that hand as such administrator. The amount of the bond may at any time be increased in the discretion of the probate judge, and shall not be void upon the first recovery.

Sec. 3. He shall perform the same duties, and receive the same compensation, as other administrators, or such as may be prescribed by law.

Sec. 4. It shall be the duty of the present public administrator for said county to account for and pay over and deliver to his successor, within ten days after he shall have qualified, all money, papers, and other property belonging to the estates of deceased persons which may have come into his possession as said administrator, or be held by him by virtue of his office.

Sec. 5. His report shall be made under oath, and shall contain a full and accurate statement of all the estates which have been admin.

Duties.

Duty of present public administrator.

Report, on oath.

(1) For further duties, fees, etc., see preceding chapter, and foot notes.

istered by him; showing what moneys or effects have been received in each case, and from what sources; the sums expended, and for what purposes. Sec. 6. If he shall fail to comply with the requirements of this act, Neglecting to

comply with act. he shall be liable, on his own official bond, to any party injured thereby, and may be indicted and punished as for a misdemeanor.

Sec. 7. The first election under this act shall be held on the fourth Election, when Monday of April, one thousand eight hundred and fifty-one, and annually thereafter, at the general election for city officers.

to be held.

CHAPTER CLVII.

AN ACT requiring County Treasurers and Public Administrators

to settle their Accounts. (1)-[Passed May 18, 1853.]

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

Assembly, do enact as follows :

auditor.

administrators

with county clerk,

SECTION 1. County treasurers, in their respective counties, are county treasurer hereby required to settle and adjust their accounts relating to the with county collection, care and disbursement of public revenue, of whatsoever nature or kind, with the county auditor, on the first Monday of each month.

Sec. 2. Public administrators in their respective counties are hereby Public required to settle and adjust their accounts relating to the collection, to settle monthly care and disbursement of money or property belonging to the estates of deceased persons, with the county clerk, on the first Monday of each month,

Sec. 3. Such county treasurers and public administrators, for the Statements purpose of making such settlement, shall make out a statement under be made. oath of the amount of money or other property received preceding such settlement, and up to the period of such settlement, the sources from whence the same was derived, the amount of payment or disbursements and to whom, with the amount remaining on hand; such statement shall be verified by the oath of such party to be a true and correct statement of the same.

Sec. 4. Any officer as aforesaid, failing or refusing to make such Penalty for violastatement and settlement as aforesaid, shall, for the first offence, upon

Contents.

tion of this act.

(1) For county treasurers, see ante, p. 110. For public administrators, see ante, chap. 155 and 156.

conviction thereof by a competent court, be deemed guilty of a misdemeanor, and punishable by a fine not less than fifty dollars por more than five hundred dollars, and for the second offence, on convietion thereof, be liable in addition to such fine to be removed from office by the judgment of the court of sessions of such county.

Jurisdiction of courts of sessions.

CHAPTER CLVIII.

AN ACT to exempt the Homestead and other Property from forced

Sale in certain cases.- [Passed April 21, 1851.]

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

Assembly, do enact as follows :

Homestead exempt from execution.

To what
exemption
not to extend.

SECTION 1. The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the owner thereof, shall not be subject to forced sale on execution or on any other final process from a court, for any debt or liability contracted or incurred after thirty days from the passage of this act, or if contracted or incurred at any time in any other place than in this state.

Sec. 2. Such exemption shall not extend to any mechanic's, laborer's, or vendor's lien, or to any mortgage lawfully obtained; but no mort. gage, sale, or alienation of any kind whatever of such land by the owner thereof, if a married man, shall be valid without the signature of the wife to the same, acknowledged by her separately and apart from her husband : Provided, that the wife be a resident of this state, and that such signature and acknowledgment shall not be necessary to the validity of any mortgage upon the land executed before it became the homestead of the debtor, or executed to secure the payment of the purchase money.

Sec. 3. Whenever any levy shall be made upon the land or tenements of a householder, whose homestead has not been selected and set apart, such householder may notify the officer at the time of mak. ing such levy of what he regards as his homestead, with a description thereof, and the remainder alone shall be subject to sale under such

Officer to be notified of homestead.

levy.

Appraisement of homestead.

Sec. 4. If the plaintiff in execution shall be dissatisfied with the lands and tenements selected and set apart as aforesaid, the matter shall be submitted to two appraisers, one to be selected by the plaintiff and the other by the defendant, who shall determine whether such

excess in value

land and tenements exceed in value the sum of five thousand dollars. If the appraisers so chosen cannot agree, they shall appoint a third person to decide between them. If they cannot agree in the choice of a third person he shall be named by the officer.

Sec. 5. If the land selected as a homestead consist of a lot contain- Sale of ing twenty-five hundred square yards or less, and the appraisers shall of homestead. certify to the officer that such lot, together with the improvements thereon, exceeds in value the sum of five thousand dollars, the said officer may proceed to sell such excess or the whole at the option of the defendant in execution, in the manner provided in other cases for the sale of real property under execution. In case the excess only is sold, then such proceeds shall be applied to the satisfaction of the execution; and in case the whole amount of property is sold, five thousand dollars of the proceeds of such sale shall be paid to the defendant in execution, and the excess shall be applied to the satisfaction of the execution: Provided, that no bid shall be received for a less sum than five thousand dollars.

Sec. 6. In any case where the land selected and claimed as a home- Setting stead shall exceed in extent twenty-five hundred square yards, if the of homestead.

apart portion appraisers be of opinion that such land, together with the dwelling house and its appurtenances exceed in value the sum of five thousand dollars, they shall set apart a portion thereof, in a compact form, including the dwelling house if possible, as the homestead; such homestead shall be, as near as may be, of the value of five thousand dollars, and the said appraisers shall cause the same to be surveyed. The expenses of such survey shall be chargeable on the execution and collected thereon.

Sec. 7. After the survey shall have been made, the officer making Sale of part of the levy may sell the property levied upon and not included in the survey, as in cases of other sales of real estate under execution; and in giving a deed for the same he may describe it according to his original levy, excepting therefrom, by metes and bounds, according to the certificate of survey, the quantity set apart as aforesaid. Sec. 8. The defendant in execution, at the time of making any Personal

property exempt. levy, may also designate to the officer any article of personal property as being exempt from forced sale as specified in the act to regulate proceedings in the courts of justice of this state: Provided, however, that nothing in this section shall be so construed as to exempt over and above that provided for in “ Title seven " Chapter one” of “An act to regulate proceedings in civil cases in courts of justice in this state."

Sec. 9. Before proceeding to act, the appraisers mentioned in this

homestead.

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