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bids of outside printing-houses for the publication of said index, and in case any bid so obtained is less than the cost of said printing as estimated by the office of the state superintendent of printing, said printing may be awarded to said outside printing-house making a lower bid than said cost as so estimated; and provided, further, that said board of examiners shall have authority to reject all bids of said outside printing-houses.
§ 4. This act shall take effect from and after its passage.
SUPREME COURT-RESTORING RECORDS OF AT SAN FRANCISCO. Appropriating twenty-five hundred dollars for restoring certain records and
refitting and refurnishing the office of the clerk of the supreme court in the city of San Francisco.
(Stats. and Amdts. 1906, p. 70, ch. 51.) § 1. There is hereby appropriated for the office of the clerk of the supreme court in the city of San Francisco the sum of twenty-five hundred dollars to enable the clerk of the supreme court to restore certain records and to refit and refurnish his office and to purchase necessary blanks and printed books and stationery and such other items as may be necessary, all being necessary because of the destruction of records and other property by fire.
§ 2. Such restoration of records, refitting and refurnishing shall be made and done under the supervision of the clerk of the supreme court. Bills for the same shall be presented to the state board of examiners and when allowed by said board the state controller shall draw his warrants therefor against this appropriation and the state treasurer shall pay the same.
§ 3. This act shall take effect immediately.
See tit. Land Surveyors—License of.
SUTTER'S FORT-GARDENER. Authorizing the board of Sutter's Fort trustees to appoint a gardener for
the purpose of caring for the grounds around Sutter's Fort, and providing for the compensation of said gardener.
(Stats. and Amdts. 1907, p. 776, ch. 425.) § 1. The board of Sutter's Fort trustees are hereby authorized and empowered to appoint a gardener for the purpose of caring for the grounds around Sutter's Fort.
§ 2. The gardener provided for in section one of this act, shall receive an annual salary of ten hundred and eighty dollars, to be paid at the same time and in the same manner as other state officers.
§ 3. This act shall take effect immediately.
SUTTER'S FORT-MEMORIAL BUILDING OF SACRAMENTO
PIONEERS. To grant permission to the “Sacramento Society of California Pioneers" to
erect a memorial building on the grounds of the Sutter's Fort Park in Sacramento City.
(Stats. and Amdts. 1907, p. 296, ch. 235.) § 1. The “Sacramento Society of California Pioneers" is hereby granted permission to erect, at their own expense, upon the Sutter's Fort Park in Sacramento City, California, at some suitable place thereon to be agreed upon between said society and the Sutter's Fort Park trustees, a memorial building to the members of said association.
$ 2. This act shall take effect and be in force from and after its passage.
SUTTER'S FORT-PURCHASE OF SPRING-WATER, ETC. Making an appropriation of two hundred and fifty dollars for the purchase
of a certain spring of water near the Marshall monument, at Colma, and for piping the water to the grounds surrounding said monument.
(Stats. and Amdts. 1907, p. 180, ch. 144.) $1. There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of two hundred and fifty dollars to be used by the board of Sutter's Fort trustees, in the purchase of a certain spring of water near the Varshall monument, at Coloma, and for piping the water to the grounds surrounding said monument.
82. The controller is hereby authorized to draw his warrant in favor of the board of Sutter's Fort trustees for the amount herein made payable, and the treasurer is hereby directed to pay the same.
§ 3. This act shall take effect immediately.
SUTTER'S FORT-STREET IMPROVEMENT. Authorizing the board of Sutter's Fort trustees to improve a certain street
in the city of Sacramento, to wit: Twenty-sixth Street from the south line of K Street to the north line of L Street, and to make an appropriation therefor.
(Stats. and Amdts. 1907, p. 184, ch. 151.) $ 1. The board of Sutter's Fort trustees are hereby authorized and empowered, in connection with the city of Sacramento, to improve, under the provisions of a general law of this state, entitled “An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for construction of sewers within municipalities," approved March eighteenth, eighteen hundred and eighty-five, and act supplementary thereto and amendatory thereof, and to pay the proportion of the costs thereof chargeable against the state, the following street in the city of Sacramento and bordering on a portion of the property belonging to the state of California. and known as Sutter's Fort,
wit: Twenty-sixth Street from the south line of K Street to the north line of L Street.
§ 2. The sum of twelve hundred dollars is hereby appropriated out of any money in the general fund of the state treasury not otherwise appropriated, for the purpose provided for in section one of this act.
83. The state controller is hereby directed to issue a warrant, payable out of the general fund of the state treasury, for said sum of twelve hundred dollars, or so much of said sum as may be necessary, in favor of the board of Sutter's Fort trustees, and the treasurer is hereby directed to pay the same.
$ 4. This act shall take effect immediately.
To provide for the appointment of a board of Sutter's Fort trustees and for
the acquisition of the Sutter's Fort property, and providing for an appropriation for the preservation, protection and improvement of said property.
(Stats. and Amdts. 1891, p. 25, ch. 39.) § 2. The said board of Sutter's Fort trustees are hereby authorized to receive and accept from the Sutter's Fort committee of the grand parlor of the Native Sons of the Golden West, a corporation, without cost to the state, the possession of and the title to the site and grounds known as the Sutter's Fort property, and which is particularly described as those two certain blocks of land bounded by K and L, Twenty-sixth and Twenty-eighth streets, in the city of Sacramento, county of Sacramento, state of California. Said board of trustees are also hereby empowered to exchange with the city of Sacramento, upon such terms as to them may be deemed proper and just, any land on the south or west side of said fort for the purpose of providing more suitable boundaries of said Sutter's Fort, the conveyance thus exchanging said lands shall be signed and executed by the board of Sutter's Fort trustees and by them duly acknowledged, so as to entitle the same to be recorded, and when so executed, shall convey title to the land thus exchanged. [Amended March 21, 1907, Stats. and Amdts. 1907, p. 838, ch. 450.]
See tit. Assessment-Roll-Restoration of.
TEACHERS' CERTIFICATES--DUPLICATES OF.
See tit. Certificates-Duplicates.
TITLES—ESTABLISHING AND QUIETING (THE MCENERNEY ACT). To provide for the establishment and quieting of title to real property in case
of the loss or destruction of public records.
(Stats. and Amdts. 1906, p. 78, ch. 59.) § 1. Whenever the public records in the office of a county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire or earthquake, any person who claims an estate of inheritance, or for life in, and who is by himself or his tenant, or other person, holding under him, in the actual and peaceable possession of any real property in
such county, may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all adverse claims thereto. Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
§ 2. The action shall be commenced by the filing of a verified complaint, in which the party so commencing the same shall be named as plaintiff, and the defendants shall be described as "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof,” and shall contain a statement of the facts enumerated in section one of this act, a particular description of such real property, and a specification of the estate, title, or interest of the plaintiff therein.
$ 3. Upon the filing of the complaint, a summons must be issued under the seal of the court, which shall contain the name of the court and county in which the action is brought, the name of the plaintiff and a particular description of the real property involved, and shall be directed to "all persons claiming any interest in, or lien upon the real property herein described, or any part thereof,” as defendants, and shall be substantially in the following form:
“In the superior court of the state of California in and for the county (or city and county) of
vs. All persons claiming any interest in, or lien upon, the real property herein described or any part thereof, Action No.......
Defendants. The people of the state of California, to all persons claiming any interest in, or lien upon, the real property herein described or any part thereof, defendants, greeting: You are hereby required to appear and answer the complaint of
plaintiff, filed with the clerk of the above entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the county (or city and county) of ...
state of California, particularly described as follows: (Here insert description.)
And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (Here insert a statement of the relief so demanded.)
Witness my hand and the seal of said court, (Seal) this ...... day of
A. D. ...
Clerk.” § 4. The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit
therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of two months, and to each publication thereof shall be appendel a memorandum in substance as follows: “The first publication of this sunimons was made in (here insert name) newspaper on the
day of ..... A. D. ...... (inserting the date). And if the affidavit provided for in section five of this aet discloses the name of any person claiming an interest in the property, or a lien thereon adverse to the plaintiff, that fact, together with the name and address (if given) of said person shall be stated in a memorandum to be appended to the summons in substance as follows:
The following persons are said to claim an interest in, or lien upon said property adverse to plaintiff," (giving their names and addresses as above provided). A copy of the summons, together with a copy of the foregoing memoranda, shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within fifteen days after the first publication of the summons.
$5. At the time of filing the complaint, the plaintiff shall file with the same his affidavit, fully and explicitly setting forth and showing (1) the character of his estate, right, title, interest or claim in, and possession of the property, during what period the same has existed and from whom obtained; (2) whether or not he has ever made any conveyance of the property, or any part thereof, or any interest therein, and if so when and to whom; also a statement of any and all subsisting mortgages, deeds of trust, and other liens thereon; (3) that he does not know and has never been informed of any other person who claims or who may claim, any interest in, or lien upon, the property or any part thereof, adversely to him, or, if he does know or has been informed of any such person, then the name and address of such person. If the plaintiff is unable to state any one or more of the matters herein required. he shall set forth and show, fully and explicitly, the reasons for such inability. Such affidavit shall constitute a part of the judgment-roll. If the plaintiff be a corporation, the affidavit shall be made by an officer thereof. If the plaintiff be a person under guardianship the affidavit shall be made by his guardian.
$ 6. If the said affidavit discloses the name of any person claiming any interest in, or lien upon, the property adverse to the plaintiff, the summons shall also be personally served upon such person if he can be found within the state, together with a copy of the complaint and a copy of said affidavit during the period of the publication of the summons; and to the copy of the summons delivered to any such person there shall be appended a copy of the memoranda provided for in section four hereof.
If such person resides out of this state a copy of the summons, memoranda, complaint and affidavit shall be within fifteen days after the first publication of the summons deposited in the United States post-office, inclosed in a sealed envelope, postage prepaid, addressed to such person at the address given in the affidavit or if no address be given therein, then at the county seat at the county in which the action is brought. If such person resides within this state and could not with due diligence be found within the state,