"Notice is hereby given that whose residence is at (here insert name of claimant) (here insert street and number, city or town, county and state of residence), is the owner of an interest in the real property situated in the (here insert name of city or town if the county of (here insert (here insert a property be located in a city or town) name of county or city and county in which property is located) state of California, described as follows, to wit: particular description of real property) "The character of the interest in said real property owned by the claimant is (here insert description of the character of interest in or lien upon the real property) — and the said interest was obtained from (here insert the name of the party from whom said interest was obtained) and at the time and in the manner following (here insert time at which and manner in which said interest was acquired).” Said notice shall be signed by the claimant or by his agent, as herein before provided, and shall be verified by the oath of the party signing it, to the effect that all of the statements therein contained are true to the knowledge of said party. Duty of recorder. Sec. 2. Upon the filing of said notice for recordation the said recorder shall forthwith record said notice in a book devoted exclusively to the recordation of such notices, and shall properly index the same with reference to the name of the claimant, and shall enter upon a map or plat of the parcels of land in the county (which said map or plat shall be kept by him for that purpose and be devoted exclusively thereto), on that part of the map or plat representing the parcel or parcels described in said notice, a reference to the date of the filing of said notice for recordation, and, when recorded, to the book and page of the record thereof. From and after three days after the filing of said notice for record, all persons who may thereafter begin actions under the provisions of the act to which this act is supplementary, shall be deemed to have notice of the facts stated in said notice, but neither the filing of said notice for record nor its recordation shall be deemed to give constructive notice to any other person or for any other purpose than as herein prescribed. The original of said notice shall remain on file in the office of said county recorder. In actions relating to real property, claimants in notice must be named. Sec. 3. Any person who, from and after three days after the date of the filing of such notice for record, shall begin any action relating to the real property described in such notice, to perfect or establish his title thereto, or to any part thereof, or any interest therein, under the provisions of the act to which this act is supplementary, must name the claimant in such notice, or any person who is a successor in interest of such claimant under a subsequently duly recorded written instrument, judgment or decree, as a party said to claim an interest in or lien upon the property adverse to the plaintiff in such action in the affidavit and in the memorandum appended to the summons provided for in the act to which this act is supplementary, and must cause such claimant, or such successor in interest of such claimant, by virtue of a subsequently dely recorded written instrument, judgment or decree, to be duly served with summons in such action, in the manner provided by the act to which this act is supplementary, otherwise neither the said action nor any judgment or decree which may be given or made therein shall in any wise affect the title or interest in the property described in such notice, owned by the claimant named therein at the time of the filing thereof, or by any successor in interest of such claimant by virtue of a written instrument, judgment or decree duly recorded subsequently to the filing of such notice and prior to the commencement of the action; provided, however, that the failure to name said claimant or such suecessor in interest, as aforesaid, in said affidavit or memorandum, or to serve such claimant or such successor in interest, shall not affect the validity of the judgment or decree rendered in such action as to any other persons, but such judgment or decree shall be valid and binding upon all persons except such claimant or such successor in interest. Executor may record notice. Sec. 4. An executor, administrator or guardian, or other person holding the possession of property in the right of another, may make, sign, verify and file for record the notice and affidavit in this act provided for on behalf of the estate or interest which he represents. Act supplementary to act of 1906. Sec. 5. This act shall be supplementary to the act approved June 16. 1906, entitled "An Act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records." Sec. 6. This act shall take effect immediately. An Act relating to the restoration of court records which have been lost, injured or destroyed by conflagration or other public calamity. [Approved June 16, 1906; Stats. 1906, p. 73.] § 1. Court records, restoration of those lost or destroyed by conflagration. § 2. Same. § 3. Appeal. Court records, restoration of those lost or destroyed by conflagration. Section 1. Whenever in any action or special proceedings, civil or criminal, in any court of this state, any judgment, decree, order, document, record, paper, process, or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, any party or person interested therein may, on application by a duly verified petition in writing to such court, and on showing to the satisfaction of such court that the same has been lost, injured or destroyed by conflagration or other public calamity, without fault or neglect of the party or person making such application, obtain an order from such court upon notice given as provided in section ten hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure, authorizing such defect to be supplied by a duly certi fied copy of such original, where the same can be obtained, which certified copy shall thereafter have the same effect in all respects as such original would have had. Same. Sec. 2. Whenever in any action or special proceeding, civil or criminal, in any court of this state any judgment, decree, order, document, record, paper, process or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, and such defect cannot be supplied as provided in the last section, any party or person interested therein may make written application to the court to which the same belongs, verified by affidavit or affidavits, showing such loss, injury or destruction, and that certified copies thereof cannot be obtained by the party or persons making such application, and that such loss, injury or destruction occurred by conflagration, or other calamity, without the fault or neglect of the party making such application, and that such loss, injury or destruction, unless supplied or remedied will or may result in damage to the party or person making such application, and thereupon such court shall cause notice of such application to be given, as provided in section ten hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure. If, upon such hearing the court shall be satisfied that the statements contained in such written application are true, the court shall make an order reciting what was the substance and effect of such lost, injured or destroyed judgment, decree, order, document, record, paper, process or file, which order shall have the same effect that such original would have had if the same had not been lost, injured or destroyed, so far as concerns the party or persons making such application, and the persons who shall have been notified, as provided for in this section. The judgment, decree, order, document, record, paper, process, or file in all cases where the proceeding is in rem, including probate, guardianship and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and notice by publication or postings to all persons who have not appeared for not less than ten days, as the court may order, and the same when restored shall have the same effect upon all persons who have been personally served with notice of such application as the original, and as to all other persons the same shall be prima facie evidence of the contents of such original. Appeal. Sec. 3. If an appeal shall have been taken in any action or special proceeding in any superior court in which the record shall have been subsequently lost or destroyed by conflagration or other public calamity, to a district court of appeal or to the supreme court, and a transcript of such record has been filed in such district court of appeal or in the supreme court, any party or person interested in the action or special proceeding may obtain a certified copy of such transcript, or of any portion thereof, from the clerk of the district court of appeal, attested by the presiding judge thereof, or from the clerk of the supreme court, attested by the chief justice, and may file such certified and attested copy of such transcript or of any part or portion thereof in the office of the clerk of the superior court from which such appeal was taken. Thereupon such certified and attested copy of such transcript or of any part or portion thereof may be made the basis of any further proceedings or processes in such superior court in such action or special proceeding to all intents and purposes as if the original record so copied, certified and attested, or the part or portion thereof so copied, certified and attested, were on file. Sec. 4. This act shall take effect immediately. CORPORATIONS. An Act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administration of trusts by such corporations. [1. Approved April 6, 1891; Stats. 1891, p. 490. 2. Amended April 1, 1897; Stats. 1897, p. 424. 3. Amended March 20, 1903; Stats. 1903, p. 244. 4. Amended March 18, 1905; Stats. 1905, p. 232. 5. Amended March 18, 1907; Stats. 1907, p. 562.] Corporation as Executor, Administrator, etc. This act appears in full at p. 1900. In § 1348 of the Code of Civil Procedure, it is provided that eorporations authorized by their articles of incorporation to act as executor, administrator, guardian of estates, assignee, receiver, depositary, or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thousand dollars shall have been actually paid in in eash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by sach corporation, if such oath shall be taken and subscribed, or such affidavit made, by the president or secretary or manager thereof; and such officer shall be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties: and such corporation shall be liable for such failure to the full amount of its capital stock and upon the bond required upon its assuming the trusts provided for herein. COSTS. An Act concerning the costs in civil actions for serving summonses and subpoenas. [Approved March 10, 1891; Stats. 1891, p. 56.] Fees for serving writ. Section 1. In all civil actions, when a summons or subpoena is served by a person other than the sheriff, the person so serving shall be allowed by the court issuing the process such sum as the court may think proper, not exceeding the amount allowed sheriffs by law. Sec. 2. This act shall take effect from and after its passage. Act concerning costs in actions of libel and slander: See post, tit. "Libel." COURTS. The supreme court commission was created originally by act of March 12, 1885 (Stats. 1885, p. 101). It consisted of three members, to hold office for four years. In 1889 the commission was enlarged to five members, to hold office for two years. The commission was recreated by act of the legislature every two years after that time, and continued in existence until act creating it was superseded by constitutional amendment creating the district courts of appeal. (See Stats. 1903, p. 737.) An Act to provide that in all cities of over ten thousand inhabitants, the mayor, or other chief executive, shall not be required to act as city judge, or ex officio judge of the city court, or as justice of the peace; to provide for the abolishment of such city court, and for the transfer of the business and properties of said city court to the justice of the peace of such cities, and to require such justice to finish such business, and to repeal all special acts in conflict herewith. [Approved March 8, 1887; Stats. 1887, p. 51.] § 1. Duties of mayor. § 2. Duties of mayor. Transfer of books, etc., to justice of the peace. Section 1. In cities of over ten thousand inhabitants, the mayor, or other chief executive thereof, shall not be required to act as justice of the peace, or to hold a city court, or to act as ex officio city judge, or to perform any of the duties of judge of the city court; and all city courts created by law to be held by such mayor, or other chief executive of such cities, are hereby abolished. Transfer of books, etc., to justice of the peace. Sec. 2. All books, dockets, files, documents, papers, and properties of every kind whatsoever belonging to such city court, shall be transferred to the justice of the peace of said city, provided for by law, to hold the police court of such city, or if there be no such police court therein, then to such justice of the peace therein as may be designated for such purpose by the mayor thereof; and such justice of the peace shall have jurisdiction of all matters heretofore brought in such city court, or of which said city court had jurisdiction; and it shall be his duty to collect all fines and charges required by law to be collected by such city court, and to account for and pay the same over to the treasurer of said city |