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CIVIL CODE.

ACTS AMENDATORY

OF

THE CIVIL CODE

PASSED AT THE

TWENTY-SECOND SESSION OF THE LEGISLATURE.

CHAP. DXIX.-An Act to amend section forty of the Civil Code.
[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section forty (40) of the Civil Code is amended so as to read as follows:

whose inca

been ad

40. After his incapacity has been judicially determined, Powers of a person of unsound mind can make no conveyance or other persons contract, nor delegate any power or waive any right, until pacity has his restoration to capacity. But a certificate from the Medi- judged. cal Superintendent or Resident Physician of the Insane Asylum to which such person may have been committed, showing that such person had been discharged therefrom, cured and restored to reason, shall establish the presumption of legal capacity in such person from the time of such discharge.

CHAP. LI.-An Act to add another section to the Civil Code.

[Approved February 6, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Another section is hereby added to the Civil Code, to be known as section seventy-nine, to read as follows: 79. When unmarried persons, not minors, have been Marriage living together as man and wife, they may, without a license, licen be married by any clergyman. A certificate of such marriage must, by the clergyman, be made and delivered to the

without

parties, and recorded upon the records of the church of which the clergyman is a representative. No other record need be made.

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

Expense of action.

CHAP. CCXCVIII.-An Act to amend section one hundred and thirty-seven of the Civil Code, in reference to the husband providing for the support of the wife during unlawful desertion or proceedings for divorce.

[Approved March 20, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section one hundred and thirty-seven of the Civil Code of California is hereby amended to read as follows:

137. While an action for divorce is pending, the Court may, in its discretion, require the husband to pay, as alimony, any money necessary to enable the wife to support herself, or her children, or to prosecute or defend the action. When the husband willfully deserts the wife she may, without applying for a divorce, maintain in the District Court an action against him for permanent support and maintenance of herself, or of herself and children. During the pendency of such action, the Court may, in its discretion, require the husband to pay, as alimony, any money necessary for the prosecution of the action, and for support and maintenance. The final judgment in such action may be enforced by the Court by such order or orders as in its discretion it may, from time to time, deem necessary, and such order or orders may be varied, altered, or revoked at the discretion of the Court.

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

Filing of articles of in

CHAP. CCCXV.—An Act to amend section two hundred and ninety-nine of the Civil Code.

[Approved March 22, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section two hundred and ninety-nine of Civil
Code is amended to read as follows:

299. No corporation hereafter formed shall purchase, corporation. locate, or hold property in any county in this State without filing a copy of the copy of its articles of incorporation filed

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