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Liens.

Declaration of abandonment.

Proceedings when execution has issued

against party

claiming proper

head of a family, shall not be subject to forced sale in execution or any final process from any court, for any debt or liability contracted or incurred after the passage of the act to which this is amendatory. Said selection shall be made by either the husband or wife, or both of them, or other head of a family, declaring their intention, in writing, to claim the same as a homestead. Said declaration shall state that they or either of them, are married, or if not married, that he or she is the head of a family; that they or either of them, as the case may be, are, at the time of making such declaration, residing with their family or with the person under their care and maintenance on the premises, particularly describing said premises, and that it is their intention to use and claim the same as a homestead; which declaration shall be signed by the party making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded, and from and after the filing for record of said declaration, the husband and wife shall be deemed to hold said homestead as joint tenants; and all homesteads heretofore appropriated and acquired by husband and wife under the act to which this act is amendatory, shall be deemed to be held by such husband and wife in joint tenancy.(") [Amendment, approved April 28, 1860, 311; took effect from passage.

3542. SEC. 2. Such exemption shall not extend to any mechanic's, laborer's, or vendor's lien, lawfully obtained, nor to any mortgage or other lien, lawfully taken or acquired, to secure the purchase-money for said homestead. No alienation, sale, conveyance, mortgage, or other lien, of or upon the homestead property, shall be valid or effectual, for any purpose whatever, unless the same be executed by the owner thereof, and be executed and acknowledged by the wife, if the owner be married, and the wife be a resident of this State, in the same manner as provided by law in case of the conveyance by her of her separate and real property. For the purpose of making or creating such alienation, sale, conveyance, mortgage, or lien, as aforesaid, it shall not be necessary that the declaration of abandonment of the homestead be executed, as herein provided for, nor that the homestead property be actually abandoned. Said homestead shall be deemed to be abandoned when a declaration thereof, in writing, executed and acknowledged by the owner thereof, and executed and acknowledged by the wife, if the owner be married, and the wife be a resident of this State, in the same manner as required by law in the case of the conveyance by her of her separate real property, is filed for record in the recorder's office in which the declaration of claim to the same is recorded.() [Amendment, approved May 12, 1862, 519; took effect from passage.

3543. SEC. 3. Whenever execution has been issued against the property of a party claiming said property as a homestead, and the creditor in such judgment shall make oath before the county judge of the county in which such premises are situated, or ty as homestead. before the judge of the district court thereof, that the cash value of such premises exceed, to the best of the creditor's information and belief, the sum of five thousand dollars, it shall be the duty of such judge, upon notice to the debtor, to appoint three disinterested and competent persons as appraisers, to estimate and report as to the value of such premises; and if the same exceed said sum, whether they can be divided so as to leave the premises, amounting to the homestead exemption, without material injury. If it appear upon such report, to the satisfaction of the judge, that the premises can be thus divided, he shall order the excess to be sold under the execution. If it appear that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this act, he shall order the entire premises to be sold, and out of the proceeds the sum of five thousand dollars to be paid to the defendant in (*) Original section:

SEO. 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 and incurred at any time in any other place than in this State.

(*) Original section:

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 mortgage, 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.

The original section was previously amended by act of April 28, 1860, 311, so as to read as follows:

SEC. 2. Such exemption shall not extend to any mechanie's laborer's, or vendor's lien, lawfully obtained, but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever; provided, that a mortgage or alienation to secure the purchase-money or pay the purchasemoney, shall be valid, if the signature of the wife be obtained to the same, and acknowledged by her separately and apart from her husband. Nor shall said homestead property be deemed to be abandoned without a declaration thereof, in writing, be signed and acknowledged by both the husband and wife or other head of a family, and recorded in the same office and in the same manner as the declaration of claim to the same is required to be recorded; and the acknowledgment of the wife to such declaration of abandonment shall be taken separately and apart from her her husband; provided, that if the wife be not a resident of this State, her signature and the acknowledg ment thereof shall not be necessary to the validity of any mortgage or alienation of said homestead before it becomes the homestead of the debtor.

execution, and the excess to be applied to the satisfaction on the execution; provided Proviso.
that no bid shall be received by the officer making the sale under five thousand dol-
lars; and, provided further, that when the execution is against the husband whose Proviso.
wife is living, the judge may, in his discretion, direct the five thousand dollars to be
deposited in court, to be paid out only upon the joint receipt of the husband and
wife; while the said sum is thus deposited, it shall possess all the protection against
legal process and the voluntary disposition of the husband as were the original
homestead premises.(*) [Amendment, approved April 28, 1860, 311; took effect from

passage.

[SECS. 4, 5, 6, 7, 8, and 9() were appealed by act approved April 28, 1860, 311, and by the same act Sec. 10 was amended so as to read Sec. 4.]

3544. SEO. 4. The homestead property selected by the husband and wife, or either Rights of of them, acccording to the provisions of said act, shall, upon the death of the husband survivor. or wife, vest absolutely in the survivor, and be held by the survivor as fully and amply as the same was held by them, or either of them, immediately preceding the death of the deceased, and shall not be subject to the payment of any debt or liability contracted by or existing against the said husband and wife, or either of them, previous to, or at the time of the death of such husband or wife, except such debt or liability as the homestead was subject to at the time of the death of such husband or wife.() [Amendment, approved, May 12, 1862, 519; took effect from passage.

3545. SEC. 11. Nothing in this act shall be so construed as exempting any real or Nor to sales for personal property from sales for taxes.

An Act to amend the foregoing act of April 21, 1851.

Approved April 28, 1860, 811.

[SECS. 1, 2, 3, and 4 contain the amendments to Secs. 1, 2, 3, and 10, and the repeal of Secs. 4, 5, 6, 7, 8, and 9 of the egoing act of April 21, 1851, therein inserted or referred to.]

taxes.

sons not entitled,

20 Cal. 187.

3546. SEC. 5. No unmarried person shall be entitled to select or hold a homestead, Unmarried peras prescribed in the preceding sections of said act, unless said person has the care and except in certain maintenance of his or her minor child, or of a minor brother or sister, or a minor cases. child of a deceased brother or sister, or of a father or mother, or of a grandfather or grandmother, or of an unmarried sister, then residing on the homestead property with such person.(4) [Amendment, approved May 12, 1862, 519; took effect from passage.

of 1851 extended,

3547. SEC. 6. All persons who held homesteads on the twenty-eighth day of April, Provisions of act eighteen hundred and sixty, and who have continued to hold the same, which were acquired and held as such under the provisions of the act entitled An Act to exempt the homestead and other property from forced sale in certain cases, passed April twenty-first, eighteen hundred and fifty-one, shall, until the first day of June, a. d. eighteen hundred and sixty-two, be entitled to all the exemptions provided for in the act hereby amended, but from and after the said last-mentioned day, no property shall be deemed a homestead, or be exempt from forced sale, under execution or other legal process, unless the declaration provided for in said act be made and filed for record, according to law; provided, that the making or filing for record of such declaration Proviso. shall not, in any case or in any manner, affect or impair any alienation, sale, mortgage, (*) Original section:

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 making such levy of what he regards as his homestead, with a description thereof, and the remainder alone shall be subject to sale under such levy.

(*) The repealed sections provided for appraisement, and setting aside of homesteads and sales of excess over the value of $5,000; the purposes of which are now covered by the amendments to sections 3 and 4 of the act.

() Original section (which was Sec. 10 of the act of April 21, 1851): SEC. 10. The homestead and other property exempt from forced sale, upon the death of the head of the family, shall be set apart by the probate court for the benefit of the surviving wife and his own legitimate children, and in case of no surviving wife or his own legitimate children, for the next heirs at law; provided, that the exemption as provided in this section shall not extend to unmarried persons, except when they have charge of minor brothers, or sisters, or both, or brothers' or sisters' minor children, or a mother, or unmarried sisters living in the house with them.

The original section was previously amended by act approved April 28, 1860, 311, so as to read as follows:

SEC. 4. The homestead and other property exempt from forced sale shall, upon the death of either husband or wife, be set apart by the probate court for the benefit of the surviving ausband or wife and his or her legitimate children; and, in the

event of their being no survivor or legitimate children of either husband or wife, then the property shall be subjected to the payment of their debts; provided, that the exemption provided for in this act shall not extend to unmarried persons, except when they have the care and maintenance of minor brothers or sisters, or both, or brother's, or sister's, minor children, or a father, or mother, or both, or grand-parents, or unmarried sisters, living in the house with them.

(4) Original section:

SEC. 5. All parties entitled to homesteads under the act to which this act is amendatory shall be entitled to the benefits of the provisions of this act; and such homesteads shall be protected to the same extent and in the same manner as if acquired under the provisions of this act. And no rights acquired under said act shall be lost or in any manner impaired, by reason of any provisions contained in this act; provided, that all parties holding and claiming homesteads under the provisions of said act shall have one year from and after the passage of this act, in which to prepare and file for record the declaration required by section first of this act; and, in making such declaration, it shall not be necessary, in cases where there has been a prior actual occupancy by the family of the homestead, and a subsequent temporary abandonment, to allege the actual residence, at the time of such declaration, on the premises. In case there be no such declaration filed within said period of one year, the homestead shall be deemed to have been abandoned.

The time for recording homesteads, as thus provided for. was extended to April 28, 1862, by act approved April 24, 1561. 232.

Record-books.

Time extended.

Homesteads for unmarried men and women.

Proviso.
Proviso.

Application.

Proviso.

Appraisers.

Oath of appraisers.

Admeasurement of homestead.

or other contract, or lien, lawfully executed or obtained prior to the time of the filing for record of such declaration.(") [Amendment, approved May 12, 1862, 519; took effect from passage.

3548. SEO. 7. All notices and declarations required by said act, or any act amendatory thereof or supplementary thereto, to be recorded, shall be recorded by the recorder in a book or books kept for that purpose, but nothing in said act, or any act amendatory thereof or supplementary thereto, shall exempt any property from sale for the non-payment of taxes or assessments levied or assessed thereon according to law. [Amendment, approved May 12, 1862, 519; took effect from passage.

[The original section 7, being a repealing section, is supposed to be still, in a certain sense, in force, and is, therefore, also given as follows:]

3549. SEC. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, so far as they conflict with this act.

SEC. 8. This act shall take effect from and after its passage.

An Act amendatory of and to extend the provisions of the act of April 28, 1860.

Approved April 24, 1861, 232.

3550. SECTION 1. The time for recording homesteads, as provided in section five of the act, of which this act is amendatory, is hereby extended to, and including the twenty-eighth day of April, A. D. eighteen hundred and sixty-two.

SEC. 2. This act shall be in force from and after its passage.

An Act extending the privileges of the homestead law to certain persons, and to regulate the creation of the same.

Approved March 13, 1860, 87.

3551. SECTION 1. The provisions of an act entitled "An Act to exempt the homestead and other property from forced sale in certain cases," passed April twenty-one, one thousand eight hundred and fifty-one, and of all other acts and parts of acts, relating to the exemption of the homestead, are hereby extended so as to include all unmarried men and unmarried women, widows and widowers; provided said homestead rights shall have been acquired under the provisions of this act; and, provided further, that said homestead shall, in no case, be of greater value than one thousand dollars.

3552. SEC. 2. Whenever any white man, or female, resident in this State, shall desire to avail himself, or herself, of the benefits of this act, such person shall make a written application to the county judge of the county in which the land intended to be claimed as a homestead, or any part thereof, is situate, setting forth the object in view, giving an accurate description of the premises, and stating the value of the same; provided, the amount of land exempt under the provisions of this act shall not exceed three hundred and twenty acres, if the homestead is not located within the limits of any city or town; but if it is within the limits of any city or town, the amount of land shall not exceed three hundred and twenty feet square.

3553. SEC. 3. Upon receiving the application named in section two of this act, it shall be the duty of said judge to appoint three respectable and competent persons, freeholders or householders of the county, to act as appraisers of the property, who shall proceed to inspect the premises and appraise the value thereof. In case the persons so appointed, or any one of them, shall fail or refuse to act, said judge may from time to time make such additional appointments of appraisers as the case may require. 3554. SEC. 4. Before proceeding to act under the preceding section, the appraisers mentioned therein shall take and subscribe an oath, before some officer competent to administer oaths, that they will fairly and impartially appraise the premises, according to the actual value thereof.

3555. SEC. 5. If the value of the property described in the application shall be found to exceed the sum of one thousand dollars, including the improvements thereon, it shall be the duty of the appraisers, at the request of the applicant, to admeasure and lay off a less quantity of the said land, with such boundaries as the applicant may direct, so that the value of the part so admeasured and laid off, together with such improvements as may be thereon, shall not exceed the value aforesaid. When in any case the appraisers cannot all agree on the value of the premises applied for, the agreement of any two of them shall be deemed the appraisement.

3556. SEO. 6. The appraisers shall return their written oath and appraisement in (*) SEO. 6. All notices and declarations required to be recorded by this act shall be recorded in a separate book kept for that

purpose.

writing the appraisement shall describe the property accurately, by metes and Return of bounds, and the value thereof, and shall deliver the same to the county judge appoint- appraisement. ing them.

3557. SEO. 7. Upon the return of the appraisers as aforesaid, the said judge, on Homestead title. being satisfied that the proceedings of the appraisers were regular and their acts done in good faith, shall make and deliver to the applicant a certificate, in writing, setting forth the application, the oaths of the appraisers, and all the proceedings which took place under it, and the return of the appraisers, which certificate shall be firmly annexed to the written application, which paper shall be designated the homestead title, and shall be delivered, on payment of all cost and expenses then remaining unpaid, to the applicant.

3558. SEC. 8. The applicant, upon receiving the homestead title, shall cause the Record. same to be recorded in the office of the county recorder of the county in which the homestead is situated, in a book, which the county recorder shall keep for that purpose, to be called the "Register of Homesteads of Single Persons," and when the said homesteads shall be situate in more counties than one, the applicant shall cause the homestead title to be recorded, as above provided, in the recorder's office of each of the said counties where any part of the said homestead is situate.

3559. SEC. 9. Upon complying with the provisions of this act, the applicant shall Homestead be vested with a homestead right, which shall date from the day of filing the home- right. stead title for record, and not sooner; provided, that nothing in this act shall be held Proviso. to exempt said property from forced sale to satisfy any debt or liability created or assumed by the applicant prior to the filing of the said homestead title for record. Nor shall anything in this act be held to shield said property from forced sale in order to satisfy any mortgage or lien for purchase-money, material, or labor, created at any time upon said property so set apart under the provisions of this act.

3560. SEC. 10. The county judge shall, for the services prescribed in this act, be Fees. entitled to charge and receive, for each appraiser appointed as aforesaid, one dollar; and for each certificate of homestead title, granted as aforesaid, five dollars, which shall be paid by him into the county treasury, and credited to the general fund, for county purposes; and the said appraisers shall be entitled to three dollars per day, for each one of them necessarily employed in the discharge of the duty assigned them. The county recorder shall be entitled to three dollars for recording each and every homestead title created under the provisions of this act. The fees provided for above shall be paid in advance, if demanded.

[An Act to authorize the formations of corporatious to provide the members thereof with homesteads, or lots of land suitable for homesteads, approved May 20, 1861.

See CORPORATIONS, ante, 1072.]

Hospitals.

3561. [A number of acts relating to the establishment of State hospitals at the Cities of San Francisco, Sacramento, and Stockton, extending from 1850 to 1855, inclusive, all of which have been either repealed or fully executed, will be found referred to under the heads of SAN FRANCISCO CITY AND COUNTY, SACRAMENTO COUNTY, and SAN JOAQUIN COUNTY, STOCKTON, respectively.]

An Act to provide for the indigent sick in the counties of this State (providing for a State hospital fund), approved April 11, 1855, 67.

See INDIGENT SICK, post, 3674.

An Act to authorize the establishment of county infirmaries for the relief of the indigent, and to amend an act entitled "An Act to provide for the indigent sick in the counties of this State," approved April 18, 1860, 213.

See INFIRMARIES, post, 3758.

3562.

Humboldt County.

REFERENCES TO SPECIAL AND LOCAL ACTS.

Relating to appointment of Pilots, for Bay and Harbor of Hum-
boldt, 1851, 825.
Dividing Trinity County and forming new county out of western
portion of same, to be called Humboldt, 1858, 161.

Boundaries and seat of justice, 1853, 161; 1956, 37; 1862, 6.
To prevent persons obstructing channels of Humboldt Bay and
Harbor, 1853, 192.
Providing for restoration of certain books, records, maps, and

1854, 86.

206.

papers to Humboldt County now held by Trinity County, Reducing amount of bonds to be given by county officers, 1559, Concerning office of public administrator, 1858, 297., 1859, 24 Providing for payment of debt that existed on December 81s*, 1557, 1855, 83; 1859, 130. Concerning jurors, 1859, 51.

Authorizing A. H. Murdock and others to build wharf at Union,
1554, 65.
Authorizing W. Roberts and others to build wharf at Bucksport,
1854, 225.

To fund that portion of debt of Trinity County accruing pre-
vious to May 12th, 1853, apportioned to Humboldt County,
etc., 1854, 253.

Providing for disposal of lots in towns and villages on public
lands, 1855, 168; 1856, 75; 1857, 241; 1860, 5.
Incorporating town of Eureka, 1856, 103; 1857, 22; 1859, 192;
1862, 55; 1863-4, 165.

Creating board of commissioners to examine and report claims
of citizens for services rendered and supplies furnished in sup
pressing Indian hostilities, 1856, 109.

Concerning courts authorized to be held by county judge, 1856,

144.

Fixing compensation of county judge and district attorney,
1857, 14.

Legalizing and confirming election of board of trustees of
Eureka, 1857, 22.

To prevent owners of saw-mills and others obstructing channels
of Humboldt Bay and Harbor, 1857, 66.

To cede certain property to Eureka, 1857, 76.

Authorizing board of supervisors to levy special tax for certain purposes and to provide for collecting same, 1857, 204; 1858,

24.

Incorporating town of Union, 1858, 7; 1860, 109.
Regulating fees of county surveyor, 1858, 19.

Separate property of wife.

Separate property of husband. 18 Cal. 9.

18 Cal. 654. Common

property.

Inventory of separate prop erty of wife.

Regulating salmon fisheries on Eel River. 1859, 298.
Authorizing County to retain State's portion of poll-tax, ete, to
be applied to construct and improve wagon road from Clover-
dale to Yreka, 1559, 823.

Concerning roads and highways, 1860, 42; 1861, 475.
To establish pilots and pilot regulations for Humboldt Bay and
Bar, 1560, 74, 210,
Changing name of town of Union to that of town of Arcata,

1860, 109.

For the survey of logs, 1560, 154.

Declaring certain streams and sloughs navizable, 1860, 159,
For the relief of sureties on official bonds of Jesse Wells, late
treasurer, 1860, 207.

Road from Bearding's store to Singley's Creek declared publie
highway, 1861, 259.

Authorizing R. M. Williams to remove certain human remains, 1861, 40%

For relief of Peter Lothian, former sheriff, 1862, 52.

For payment of expenses incurred in suppression of Indian hos-
tilities, 1562, 54.

Authorizing board of supervisors to levy special tax, 1863, 299.
Creating contingent fund, 1863–4, 10.

Authorizing board of supervisors to annul certain bonds, 1863–4,

459.

Husband and Wife.

An Act definining the rights of husband and wife.

Passed April 17, 1850, 254.

3563. 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.

3564. 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.

3565. 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 15 Cal. 127. 16 in the office of the recorder of the county in which the parties reside.

10 Cal. 9. 12 Cal.

216. 12 Cal. 247.

Cal. 557. 21 Cal.

346. 22 Cal, 283. 3566. SEC. 4. If there be included in the inventory any real estate lying in other Recorded where counties, the inventory shall also be recorded in such counties.

property lies.

Filing inventory

notice of wife's

title.

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3567. 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.

3568. SEC. 6. The husband shall have the management and control of the separate property of the wife during the continuance of the marriage; but no alienation, sale, or conveyance, of the real property of the wife, or any part thereof, or any right, title, 5 Cal. 252. 6 Cal. or interest, therein, and no contract, or power of attorney, concerning or relating to Cal. 13. 9 Cal. 591. the same, and no lien or incumbrance created thereon, shall be valid for any purpose, Cal. 564, 18 Cal, unless the same be made by an instrument in writing, executed by the husband and 494. 21 Cal. 47. wife, and acknowledged by her, as provided for in the acts concerning conveyances, in case of the conveyance of her separate real estate. The personal property of the wife shall not be sold, assigned, or transferred, unless both husband and wife join in the sale, assignment, or transfer, thereof, except property which she is or may be authorized by law to sell, assign, or transfer, as a femme sole.() [Amendment, approved May 12, 1862, 518.

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the supreme conrt, 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.

It was previously amended by act approved February 11, 1858, 22, so as to read like the original, with the exceptions that the words "any judge of a court of record were used instead of "a justice of the supreme court, judge of the district court, county judge," and an additional clause was added as follows: "or before any minister, secretary of legation, or consul of the United States, appointed for, and residing in the foreign country in which the said deed is to be acknowledged."

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