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or secretary, when authorized by its board of directors. section as it heretofore stood appeared to sanction its execution by those officers only.

Residence recorded for the purpose of service of summons-Fee-` Index.

§ 1163. Any person, firm, or corporation, may record in the office of the county recorder of any county in the State of California a certificate setting forth the name of said person, firm, or corporation, and the place of residence of said person, firm, or corporation, and the place where service of summons may be made upon said person, firm, or corporation. The said certificate must be, verified by the oath of the person, or of a member of the firm, or officer of the corporation making the same, and may be recorded without acknowledgment. Such person, firm or corporation may upon a change of place of residence file affidavit as herein provided and such last affidavit filed shall be the place designated as the place where service of summons may be made as herein provided. The fee of the recorder for recording said certificate shall be fifty cents; and the recorder shall keep in his office an index entitled "Index to certificates of residence," in which must be entered the name of the person, firm, or corporation in whose behalf said certificate was filed.

Enacted March 18, 1905; stats. 1905, p. 139.

Foreign corporation to designate person upon whom summons may be served: See Civ. C. §§ 405, 406.

Foreign insurance corporation: See Pol. C. § 616.

SEC. 1185.

ARTICLE III.

Proof and Acknowledgment of instruments.

Requisites for acknowledgment or proof of instrument.

1190. Form of acknowledgment by corporation.

Requisites for acknowledgment or proof of instrument.

§ 1185. The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed

by a corporation, that the person making such acknowledgment is the president or secretary of such corporation, or other person who executed it on its behalf.

Amended March 21, 1905; stats. 1905, p. 603.

55 Cal. 565; 96 Cal. 651; 97 Cal. 212; 101 Cal. 539;

131 Cal. 507; VII Cal. App. Dec. 418.

NOTE. § 1185. The change consists in the addition of the words "or other person who executed it on its behalf," following "president or secretary of such corporation." (See note to section 1161.)

Form of acknowledgment by corporation.

§ 1190. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form:

"STATE OF

County of

"On this

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SS.

day of

in the year

before me

(here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of — -) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary, insert: known to me [or proved to me on the oath of -] to be the person who

executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same."

Amended March 21, 1905; stats. 1905, p. 603.

55 Cal. 565; 101 Cal. 539.

NOTE. § 1190. The change consists in the addition of the proviso "the person who executed the within instrument on behalf of the corporation therein named," following the words "the president (or the secretary) of the corporation that executed the within instrument." (See note to section 1161.)

TITLE VI.

Wills.

CHAPTER I.

EXECUTION AND REVOCATION OF WILLS.

SEC. 1275. 1313.

Who may take by will.

Restriction on devise for charitable purposes.

Who may take by will.

§ 1275. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except that corporations other than counties, municipal corporations, and corporations formed for scientific, literary, or solely educational or hospital purposes, can not take under a will, unless expressly authorized by statute; subject, however, to the provisions of section thirteen hundred and thirteen.

Amended March 21, 1905; stats. 1905, p. 605.

59 Cal. 131; 60 Cal. 309; 63 Cal. 621; 123 Cal. 624.

NOTE. § 1275. The change consists in the insertion of the word "that" before "corporations," and in the insertion of the words "counties, municipal corporations and corporations" after "than." The amendement in substance incorporates into the section the provisions of the act of 1881, page 2, authorizing the several counties, cities and counties, cities and towns of the state, to receive property by gift, bequest and devise.

Restriction on devise for charitable purposes.

§ 1313. No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society, or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator; and if so made, at least thirty days prior to such death, such devise or legacy, and each of them, shall be valid; provided, that no such devises or bequests shall collectively exceed one third of the estate of the testator leaving legal heirs, and in such case a pro rata deduction from such devises or bequests shall be made so as to reduce the aggregate thereof to one third of such estate; and all dispositions of property made

contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law.

Enacted March 18, 1874; amendts. 1873-4, p. 275.

58 Cal. 470; 63 Cal. 622; 94 Cal. 378; 98 Cal. 606; 105 Cal. 647; 123 Cal. 624; 126 Cal. 301; 127 Cal. 96; 128 Cal. 12; 138 Cal. 434; 150 Cal. 605; 152 Cal. 328, 329, 330: XXXVI Cal. Dec. 151.

TITLE X.

[Title X added March 13, 1909; stats. 1909, p. 313.]

Location of Mining Claims, Tunnel Rights, and Mill Sites.

(For incorporation of mining companies, see Civ. C. § 586 et seq.; see, also, "Mines and Mining," statutes at large, Appendix.)

SEC. 1426. Lode claims, how located.

1426a. Boundaries.

1426b. Record of location, lode claim.

1426c. Placer claim, location of.

1426d. Record of location, placer claim.
1426e. Tunnel right, location of.

1426f. Boundaries of tunnel location.

1426g. Record of location, tunnel claim.

1426h. Amended notice of mining claim.

1426i. Surveyed claims.

1426j. Mill site, location of.

1426k. Record of location, mill site.

14261. Yearly work required, mining claim.

1426m. Record of work.

1426n. Recorder's fee.

14260. Delinquent co-owners, notice to; payment by delin

quents.

1426p. Records to be received in evidence.

1426q. Copies of records as evidence.

1426r. Effect on mining districts.

14268. Neglect to perform development work.

Lode claims, how located.

§ 1426. Any person, a citizen of the United States, or who has declared his intention to become such, who discovers a vein

or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit, may locate a claim upon such vein or lode, by defining the boundaries of the claim, in the manner hereinafter described, and by posting a notice of such location, at the point of discovery, which notice must contain: First-The name of the lode or claim. SecondThe name of the locator or locators. Third-The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the claim, and the general course of the vein or lode, as near as may be. Fourth-The date of location. Fifth-Such a description of the claim by reference to some natural object, or permanent monument, as will identify the claim located.

New section; added March 13, 1909; stats. 1909, p. 313; in effect July 1, 1909.

Boundaries.

§ 1426a. The locator must define the boundaries of his claim so that they may be readily traced, and in no case shall the claim extend more than fifteen hundred feet along the course of the vein or lode, nor more than three hundred feet on either side thereof, measured from the center line of the vein at the surface.

New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909.

Record of location, lode claim.

§ 1426b. Within thirty days after the posting of his notice of location upon a lode mining claim, the locator shall record a true copy thereof in the office of the county recorder of the county in which such claim is situated, for which service the county recorder shall receive a fee of one dollar.

New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909.

Placer claim, location of.

§ 1426c. The location of a placer claim shall be made in the following manner: By posting thereon, upon a tree, rock in place, stone, post or monument, a notice of location, containing the name of the claim, name of locator or locators, date of location, number of feet or acreage claimed, such a description of the claim by reference to some natural object or permanent

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