Board of trustees. Issuance of bonds suspended. An Act to authorize the City and County of San Francisco to convey certain real estate to the State of California. Approved March 28, 1864; 1863-4, 260, [This act authorizes the mayor of the City and County of San Francisco to convey to the State the asylum property on the corner of Mission and Spark streets, &c. It is deemed unnecessary to do more than refer to it.] An Act supplemental to and amendatory of the foregoing acts of April 18, 1860, and April 27, 1863. Approved April 4, 1864; 1863-4, 397. 2323. SECTION 1. Messrs. George Tait, J. A. Benton, Ira P. Rankin, H. P. Coon, and B. H. Randolph, are hereby constituted and appointed a board of trustees for the State deaf, dumb, and blind asylum, whose term of office shall be for two years, and until their successors are appointed and qualified. 2324. SEC. 2. The appropriation of seventy-five thousand dollars, made by the act entitled an act to provide bonds for completing the deaf, dumb, and blind asylum, approved April twenty-seventh, eighteen hundred and sixty-three, and the issuance of the bonds therein mentioned, are hereby suspended until the further action of the legislature. SEC. 3. This act shall take effect immediately after its passage. [A concurrent resolution was adopted January 9, 1864; 1863-4, 555, directing an inquiry by a select committee of the legislature into the affairs of the asylum, &c.] Damages. Death by neglect of municipal authorities. Action by representatives of deceased. Death by Wrongful Act. An Act requiring compensation for causing death by wrongful act, neglect, or default. Approved April 26, 1862, 447. 2325. SECTION 1. Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if the death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. 2326. SEC. 2. Whenever the death of any person shall be caused by an injury received in falling through, or by drowning after having fallen through, any opening or defective place in any sidewalk, street, alley, or wharf, in any city or incorporated town, the death of such person shall be deemed to have been caused by the wrongful neglect and default of the person or persons, corporation or company, firm or association, whose duty it was, at the time said person received such injury, to have kept in repair such sidewalk, street, alley, or wharf, or who was or were, at that time, liable to have been ordered or notified to make, or to have been assessed for the expenses of making, the repairs on such sidewalk, street, alley, or wharf, where the injury to such person occurred. 2327. SEC. 3. Every such action shall be brought by and in the names [of] the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action, the jury may give such damages, pecuniary and exemplary, as they shall deem fair and just, and may take into consideration the pecuniary injury resulting from such death to the wife and next of kin of such deceased person; provided, that every such action shall be commenced commencement within two years after the death of such deceased person. SEC. 4. This act shall take effect immediately. 322 Time for of action. 2328. Boundaries, 1857, 35; 1858, 21. Del Norte County. REFERENCES TO SPECIAL AND LOCAL ACTS. Providing for organization, 1857, 85; 1858, 36; 1859, 300. In relation to trial jurors in court of sessions and county courts, Authorizing board of supervisors to levy additional tax for county purposes, 1860, 53. Fixing time for holding court of sessions and county court, 1860, 72. For adjustment and final settlement of indebtedness of Del Fixing times of meeting of board of supervisors, 1860, 224. Authorizing board of supervisors to issue certain bonds and pro- In regard to holding terms of county court, 1863-4, 113. Descents and Distributions. An Act to regulate descents and distributions. Passed April 18, 1850, 219. 2329. SECTION 1. When any person having title to any estate not otherwise limited Descent of property and by marriage contract, shall die intestate as to such estate, it shall descend and be dis- distribution. tributed, subject to the payments of his or her debts, in the following manner : First. If there be a surviving husband or wife and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife and child, or issue of such child. If there be a surviving husband or wife, and more than one child living, or one child living, and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his or her children and to the lawful issue of any deceased child, by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation. 18 Cal. 459. 20 Cal. 627. Second. If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife and to the intestate's father. If there be no father, then one-half shall go 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 Proviso. if he or she shall leave a mother, also, she shall take an equal share with the brothers and sisters. If he or she shall leave no issue, or husband, or wife, the estate shall go to his or her father. Third. 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 Proviso. also, she shall take an equal share with the brothers and sisters. Fourth. 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. Fifth. 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. Sixth. 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— Proviso. Seventh. If any person shall die, leaving several children, or leaving one child and the 15 Cal. 96. 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. Illegitimate child heir in certain events. 4 Cal. 12. 2 Cal. 503. Estate of illegitimate child, intestate, without issue. Degrees of kindred, how computed. Advancements. Advancement exceeding share advanced. Eighth. If, at the death of such child, who shall die under age, and not having been married, all the other children of his said parents 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. Ninth. If the intestate shall leave no husband or wife, nor kindred, the estate shall escheat to the State, for the support of common schools. (") [Amendment, approved May 15, 1862, 569; took effect immediately. 2330. SEC. 2. Every illegitimate child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent 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 collateral, unless, before his death, his parents shall have intermarried, 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 herein before 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 herein before, 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. 2331. SEC. 3. If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother, or, in case of her decease, to her heirs at law. 2332. SEC. 4. The degrees of kindred shall be computed according to the 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. 2333. SEC. 5. Any estate, real or personal, that may have been given by the intestate in his life-time, as an advancement to any child, or other 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 descendant, towards his share of the estate of the intestate. 2334. SEC. 6. If the amount of such advancement shall exceed the share of the heir of party to whom SO advanced, he shall be excluded from any further portion 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 deemed advancements. Value of advancements, how estimated. Effect of advancement. Inheritance by husband and wife from each other. 2335. 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 acknowledged in writing as such by the child or other descendant. 2336. 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 considered as of that value, in the division and distribution of the estate: otherwise, it shall be intimated according to its value when given, as nearly as the same can be ascertained. 2337. SEO. 9. If any child, or other lineal descendant so advanced, shall die before 2338. SEC. 10. The provisions of this act, as to the inheritance of the husband and () The only difference between the amendment and the original section is in the second subdivision, which in the original was as follows: 2. If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife, and to the in testate's father. If he or she shall leave no issue, or husband or There seems to be a strange omission in the section as above right of when the descendants of any deceased heir take the same share or right in the estate Inheritance by of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. An Act relative to escheated estates (providing for inheritance of real and personal property by aliens and non-resident foreigners), approved April 19, 1856, 137. See ESCHEATS, post, 2606. Distances, Legal. [An Act defining the legal distances from each county-seat in the State of California to the State capital at Sacramento, the State lunatic asylum at Stockton, and the State prison at San Quentin, passed May 15, 1854, 182, and amended by act approved April 10, 1855, 105, was repealed by the following act.] An Act defining the legal distances from each county-seat to the capitol, lunatic asylum, and State prison. Approved April 24, 1858, 256, representation. 2340. SECTION 1. The distances established by this act shall be, and the same are Legal distances. hereby declared to be, the legal distances for which mileage shall be allowed to the capitol at Sacramento: First. For county treasurers settling their accounts; Second. For conveying the insane to the asylum at Stockton; Third. To sheriffs, for transporting prisoners to the State prison at San Quentin. 2341. SEC. 2. From the county-seat of Alameda County to Sacramento, one hun- Alameda. dred and thirty-five miles; to Stockton, one hundred and forty-five miles; to San (Alpine, see 2357) Quentin, twenty miles. 2342. SEC. 3. From the county-seat of Amador to Sacramento, fifty-five miles; to Amador. Stockton, fifty-six miles; to San Quentin, one hundred and eighty-seven miles. 2343. SEC. 4. From the county-seat of Butte County to Sacramento, seventy-five Butte. miles; to Stockton, one hundred and twenty miles; to San Quentin, two hundred and five miles. 2344. SEC. 5. From the county-seat of Calaveras County to Sacramento, sixty miles; Calaveras. to Stockton, fifty miles; to San Quentin, one hundred and eighty miles. 2345. SEC. 6. From the county-seat of Colusa County to Sacramento, seventy-five Colusa. miles; to Stockton, one hundred and twenty-five miles; to San Quentin, two hundred and five miles. 2346. SEC. 7. From the county-seat of Contra Costa County to Sacramento, ninety Contra Costa. miles; to Stockton, ninety miles; to San Quentin, forty-five miles. 2347. SEC. 8. From the county-seat of Del Norte County to Sacramento, four hun- Del Norte. dred and sixty-five miles; to Stockton, four hundred and sixty-five miles; to San Quentin, three hundred and sixty-five miles. 2348. SEC. 9. From the county-seat of El Dorado County to Sacramento, fifty El Dorado. miles; to Stockton, ninety-five miles; to San Quentin, one hundred and eighty miles. 2349. SEC. 10. From the county-seat of Fresno County to Sacramento, one hundred Fresno. and ninety miles; to Stockton, one hundred and forty-five miles; to San Quentin, two hundred and seventy-five miles. 2350. SEC. 11. From the county-seat of Humboldt County to Sacramento, three Humboldt, hundred and ninety miles; to Stockton, three hundred and ninety miles; to San Quentin, two hundred and sixty-five miles. 2351. SEC. 12. From the county-seat of Klamath County to Sacramento, four hun- Klamath, dred and fifty miles; to Stockton, four hundred and fifty miles; to San Quentin, three (Lake, see 2845) (Lassen, see 2889) hundred and fifty miles. 2352. SEC. 13. From the county-seat of Los Angeles County to Sacramento, five Los Angeles. hundred and fifty miles; to Stockton, five hundred and fifty miles; to San Quentin, four hundred and forty miles. 2353. SEC. 14. From the county-seat of Merced County to Sacramento, one hun- Merced. dred and fifteen miles; to Stockton, seventy miles; to San Quentin, two hundred miles. 2354. SEC. 15. From the county-seat of Marin County to Sacramento, one hundred Marin and thirty-five miles; to Stockton, one hundred and thirty-five miles; to San Quentin, three miles. 2355. SEC. 16. From the county-seat of Mariposa County to Sacramento, one Mariposa. hundred and forty-five miles; to Stockton, one hundred miles; to San Quentin, two Mono.(*) hundred and thirty miles. (*) There seems to be no provision for Mono County. Monterey. Napa Nevada Placer. Plumas. Sacramento. San Bernardino. San Diego. San Joaquin. San Luis Obispo. Santa Clara. Santa Cruz Santa Barbara. Shasta Sierra. Siskiyou. San Mateo. Salano. Sonoma Sutter. Stanislaus. San Francisco. Trinity. Tuolumne. 2356. SEC. 17. From the county-seat of Monterey County to Sacramento, two hundred and forty-five miles; to Stockton, two hundred and forty-five miles; to San Quentin, one hundred and thirty miles. 2357. SEC. 18. From the county-seat of Napa County to Sacramento, sixty miles; to Stockton, one hundred miles; to San Quentin, fifty-five miles. 2358. SEC. 19. From the county-seat of Nevada to Sacramento, sixty-five miles; to Stockton, one hundred and twenty-five miles; to San Quentin, one hundred and ninety-five miles. 2359. SEC. 20. From the county-seat of Placer County to Sacramento, thirty-five miles; to Stockton, eighty miles; to San Quentin, one hundred and sixty-five miles. 2360. SEC. 21. From the county-seat of Plumas County to Sacramento, one hundred and forty-five miles; to Stockton, one hundred and ninety miles; to San Quentin, two hundred and seventy-five miles. miles; to Stockton, 2361. SEC. 22. From the county-seat of Sacramento 2363. SEC. 24. From the county-seat of San Diego County to Sacramento, seven 2364. SEC. 25. From the county-seat of San Joaquin County to Sacramento, fortyfive miles; to Stockton, miles; to San Quentin, one hundred and thirty miles. 2365. SEC. 26. From the county-seat of San Luis Obispo County to Sacramento, three hundred and thirty-five miles; to Stockton, three hundred and thirty-five miles; to San Quentin, two hundred and twenty-five miles. 2366. SEC. 27. From the county-seat of Santa Clara County to Sacramento, one hundred and fifty miles; to Stockton, one hundred and five miles; to San Quentin, eighty miles. 2367. SEC. 28. From the county-seat of Santa Cruz County to Sacramento, two hundred and forty-five miles; to Stockton, two hundred and forty-five miles; to San Quentin, one hundred and thirty-five miles. 2368. SEC. 29. From the county-seat of Santa Barbara County to Sacramento, four hundred and thirty-five miles; to Stockton, four hundred and thirty-five miles; to San Quentin, three hundred and thirty-five miles. 2369. SEC. 30. From the county-seat of Shasta County to Sacramento, one hundred and eighty-five miles; to Stockton, two hundred and thirty-five miles; to San Quentin, three hundred and fifteen miles. 2370. SEC. 31. From the county-seat of Sierra County to Sacramento, one hundred and ten miles; to Stockton, one hundred and fifty-five miles; to San Quentin, two hundred and forty miles. 2371. SEC. 32. From the county-seat of Siskiyou County to Sacramento, three hundred and fifty miles; to Stockton, three hundred and ninety-five miles; to San Quentin, four hundred and eighty miles. 2372. SEC. 33. From the county-seat of San Mateo County to Sacramento, one hundred and forty miles; to Stockton, one hundred and forty miles; to San Quentin, forty miles. 2373. SEC. 34. From the county-seat of Solano County to Sacramento, ninety miles; to Stockton, ninety miles; to San Quentin, forty-five miles. 2374. SEC. 35. From the county-seat of Sonoma County to Sacramento, one hundred and thirty miles; to Stockton, one hundred and thirty miles; to San Quentin, forty miles. 2375. SEC. 36. From the county-seat of Sutter County to Sacramento, fifty miles; to Stockton, ninety-five miles; to San Quentin, one hundred and sixty-five miles. 2376. SEC. 37. From the county-seat of Stanislaus County to Sacramento, eightyfive miles; to Stockton, forty miles; to San Quentin, one hundred and seventy miles. 2377. SEC. 38. From the county-seat of San Francisco County to Sacramento, one hundred and seventeen miles; to Stockton, one hundred and seventeen miles; to San Quentin, twelve miles. 2378. SEC. 39. From the county-seat of Trinity County to Sacramento, two hundred and fifty-five miles; to Stockton, three hundred miles; to San Quentin, three hundred and eighty-five miles. 2379. SEC. 40. From the county-seat of Tuolumne County to Sacramento, one |