nant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this Chapter to obtain possession of the premises let to an under-tenant, in case of his unlawful detention of the premises underlet to him. SEC. 2. This Act shall take effect from and after its passage. CHAP. CLXIII-An Act to amend section éleven hundred and sixty-six (1166) of the Code of Civil Procedure, in relation to forcible or unlawful detainer. [Approved March 9, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand one hundred and sixtysix of the Code of Civil Procedure is hereby amended so as to read as follows: 1166. The plaintiff must file with the Clerk of the County Complaint. Court his written complaint, setting forth therein the facts on which he seeks to recover, and describe the premises with reasonable certainty, and may set forth therein any circumstances of fraud, force, or violence which may have accompanied the alleged forcible entry, or forcible or unlawful detainer, and claim damages therefor. In case the unlawful detainer charged be after default in the payment of rent, the complaint must state the amount of such rent. On filing the complaint the Clerk must issue a summons thereon, returnable at a day designated therein, which shall not be less than three days nor more than twelve days from its date, except in cases when the publication of the summons is necessary, in which cases the Court, or Judge thereof, may order that the summons be made returnable at such time as may be deemed proper, and the summons shall specify the return day so fixed. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. XCIV.-An Act to amend sections twelve hundred and twenty-seven, twelve hundred and thirty, twelve hundred and thirty-two, and twelve hundred and thirty-three of the Code of Civil Procedure, relative to the voluntary dissolution of corporations. [Approved February 25, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section twelve hundred and twenty-seven of the Code of Civil Procedure is hereby amended so as to read as follows: How dis solved. Filing application and 1227. A corporation may be dissolved by the County Court of the county where its office or principal place of business is situated, and upon its voluntary application for that purpose. SEC. 2. Section twelve hundred and thirty of said Code is hereby amended so as to read as follows: 1230. If the Court is satisfied that the application is in publication conformity with this Title, the Judge thereof must order it to of notice. be filed with the Clerk, and that the Clerk gives not less than thirty nor more than fifty days' notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements posted up in three of the principal public places in the county. Hearing of application. Judgment roll and appeals SEC. 3. Section twelve hundred and thirty-two of said Code is hereby amended so as to read as follows: 1232. After the time of publication has expired, the Court may, upon five days' notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application, and if all the statements therein made are shown to be true, must declare the corporation dissolved. SEC. 4. Section twelve hundred and thirty-three of said Code is hereby amended so as to read as follows: 1233. The application, notices, and proof of publication, objections (if any), and declaration of dissolution, constitutes the judgment roll, and from the judgment an appeal may be taken as from other judgments of the County Courts. SEC. 5. This Act shall take effect from and after its passage. Putting plaintiff in CHAP. DCLI.-An Act to amend sections twelve hundred and fifty-four and twelve hundred and fifty-seven of the Code of Civil Procedure, relating to condemnation of land for public uses. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section twelve hundred and fifty-four of the Code of Civil Procedure is hereby amended so as to read as follows: 1254. At any time after trial by jury and judgment entered possession. upon their verdict, or pending an appeal from the judgment to the Supreme Court, whenever the plaintiff shall have paid into Court, for the defendant, the full amount of the judgment, and such further sum as may be required by the Court, or Judge thereof at Chambers, as a fund to pay any further damages and costs that may be recovered in said action, as well as all damages that may be sustained by the defendant, if, for any cause, the property shall not be finally taken for public use. The District Court in which the action was tried, or the Judge thereof at Chambers, may, upon notice plaintiff possession. of not less than ten days, authorize the plaintiff, if already Putting in possession, to continue therein, and if not, then to take plant in possession of and use the property during the pendency of and until the final conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The defendant, who is entitled to the money to into Court for him upon any judgment, shall be entitled demand and receive the same at any time thereafter, upon obtaining an order therefor of the Court, or Judge thereof at Chambers. It shall be the duty of the Court or Judge, upon application being made by such defendant, to order and direct that the money, so paid into Court for him, be delivered to him upon his filing a satisfaction for the judgment, or upon filing a receipt therefor, and an abandonment of all defenses to the action, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant, as aforesaid, shall be held to be an abandonment, by such defendant, of all defenses interposed by him, excepting his claim for further compensation. In ascertaining the amount to be paid into Court, the Court, or Judge thereof at Chambers, shall take care that the same be sufficient and adequate. The payment of the money into Court, as hereinbefore provided for, shall not discharge the plaintiff from liability to keep the said fund full and without diminution; but such money shall be and remain, as to all accidents, defalcations, or other contingencies (as between the parties to the proceedings), at the risk of the plaintiff, and shall so remain until the amount of the compensation or damages is finally settled by judicial determination, and until the Court awards the money, or such part thereof as shall be determined upon, to the defendant, and until he is authorized or required by rule of Court to take it. If, for any reason, the money shall at any time be lost, or otherwise abstracted, or withdrawn, through no fault of the defendant, the Court shall require the plaintiff to make and keep the sum good at all times until the litigation is finally brought to an end, and until paid over or made payable to the defendant by order of Court, as above provided. The Court, or the Judge thereof at Chambers, shall order the money to be deposited in the State treasury, and it shall be the duty of the State Treasurer to receive all such moneys, duly receipt for and safely keep the same in a special fund, to be entered on his books as a condemnation fund for such purpose, and for such duty he shall be liable to the State upon his official bond. The State Treasurer shall pay out such money, so deposited, in such manner and at such times as the Court, or Judge thereof at Chambers, may, by order or decree, direct. SEC. 2. Section twelve hundred and fifty-seven of the Code of Civil Procedure is amended so as to read as follows: 1257. The provisions of Part Two of this Code, relative New trials to new trials and appeals, except in so far as they are incon- and appeals sistent with the provisions of this Title, apply to the proceedings mentioned in this Title; provided, that upon the payment of the sum of money assessed, and upon the exe cution of the bond to build the fences and cattle-guards, as provided in section twelve hundred and fifty-one, the plaintiff shall be entitled to enter into, improve, and hold possession of the property sought to be condemned (if not already in possession, as provided in section twelve hundred and fifty-four, and devote the same to the public use in question; and no motion for new trial or appeal shall, after such payment and filing of such bond, as aforesaid, in any manner retard the contemplated improvement. Any money which shall have been deposited, as provided in section twelve hundred and fifty-four, may be applied to the payment of the money assessed, and the remainder, if any there be, shall be returned to the plaintiff. SEC. 3. The provisions of this Act shall apply to all actions now pending in any of the Courts of this State. SEC. 4. This Act shall take effect from and after its passage. Application for change of name; how made. CHAP. CCCCXIII.-An Act to amend section one thousand two hundred and seventy-six (1276) of the Code of Civil Procedure, relative to change of name of persons and corporations. [Approved March 28, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand two hundred and seventy-six (1276) of the Code of Civil Procedure is hereby amended so as to read as follows: 1276. All applications for change of names must be made to the County Court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under twenty-one years of age, if a male, and under the age of eighteen years, if a female, by one of the parents, if living, or if both be dead, then by the guardian, and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and the reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petitioner, the. near relatives of such person, and their place of residence. Any religious, benevolent, literary, or scientific corporation may, by petition, apply to the County Court of the county in which the property of said corporation is situated for a change of its Corporate name. Such petition must be signed by the Trustees of the corporation, or by a majority of them, and must specify the date of the formation of the corporation, its present name, the name proposed, and the reason for such change of name. Upon filing such petition on behalf of such corporation, the same proceedings shall be had as upon applications for changes of names of natural persons. SEC. 2. This Act shall take effect immediately. CHAP. DLXXXV.-An Act to amend certain sections, numbers one thousand three hundred and fifty, one thousand three hundred and sixty-five, one thousand three hundred and sixty-nine, and one thousand three hundred and seventy-nine, of the Code of Civil Procedure. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section thirteen hundred and fifty of said 1350. No person is competent to serve as executor who, Who are inat the time the will is admitted to probate, is: 1. Under the age of majority. 2. Convicted of an infamous crime. 3. Adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity. If the sole executor or all the executors are incompetent, or renounce, or fail to apply for letters, or to appear and qualify, letters of administration, with the will annexed, must be issued as designated and provided for the grant of letters in cases of intestacy. SEC. 2. Section thirteen hundred and sixty-five of said Code is amended to read as follows: competent as executors. to admin 1365. Administration of the estate of a person dying intes- Order of pertate must be granted to some one or more of the persons sons entitled hereinafter mentioned, the relatives of the deceased being ister. entitled to administer only when they are entitled to succeed to his personal estate, or some portion thereof; and they are, respectively, entitled thereto in the following order: 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father or mother. 4. The brothers. 5. The sisters. 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate. 8. The Public Administrator. 9. The creditors. 10. Any person legally competent. If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of his estate. |