such information to hold, possess, or claim such estate" between "person and "requiring:" also the words "and show cause why such estate should not be vested in the state," instead of "and answer the information:" also "thirty" instead of "forty;" also "by direction of the judge❞ between "district" and "in some other newspaper.' Stat. 1852, 103, § 2, was same as stat. 1855, inserting therein the words "or district attorney" after "attorney-general;" also the words "in his district" between "real estate" "and hath escheated:" also "without devising the same" between "thereof" and "and hath left;" also between "hold the same" and "or when he," the words "and such estate shall not have been sold, according to law, within two years after the death of the person last seized;" also "within his district" between "estate" and hath otherwise:" also "or of any adjoining judicial district" after "judicial district;" also omitting the words "or any part thereof;" also inserting the words "on the first day of the next regular term of said court; which summons shall be served at least fifteen days before the return day thereof" instead of "within the time allowed by law in other civil cases." 2 Cal. 558; 5 Cal. 573; 18 Cal. 217. 1270. The court, upon the information being filed and upon the application of the attorney-general, either before or after answer, upon notice to the party claiming such estate, if known, may, upon sufficient cause therefor being shown, appoint a receiver to take charge and receive the rents and profits of the same until the title to such real estate is finally settled. Stat. 1855, 222, § 4. 1271. All persons named in the information may appear and answer, and may traverse or deny the facts stated in the information, the title of the state to lands and tenements therein mentioned, at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant, and by motion for that purpose, in open court, within the time allowed for answering; and if no person appears and answers within the time then judgment must be rendered that the state be seized of the lands and tenements in such information claimed. But if any person appear and deny the title set up by the state, or traverse any material fact set forth in the information, the issue of fact must be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted, that the state has good title to the land and tenements in the information mentioned, or any part thereof, judgment must be rendered that the state be seized thereof, and recover costs of suit against the defendants. Stat. 1852, 103, § 3, inserted the words "bodies politic and corporate " between "All persons" and "named;" also the words" as terre-tenant or claimant to the estate" between "information" and may appear; also "plead to such proceedings" instead of the word "answer" also "on or before the third day of the return day of the summons" instead of "before the time for answering expires;" also "and plead as aforesaid" between "defendant" and "and by motion:" also "pleading as aforesaid" instead of "answering:" also "and if any person shall ap pear and plead as aforesaid or shall refuse to plead within the time' instead of "and if no person appears and answers within the time;" also" and a survey may be ordered and entered as in other actions when the title or boundary is drawn in question" between "civil actions" and "If, after." § 1272. Within twenty years after judgment in any proceeding had under this title, a person not a party or privy to such proceeding may file a petition in the district court of the county of Sacramento, showing his claim or right to the property or the proceeds thereof. A copy of such petition must be served on the attorney-general at least twenty days before the hearing of the petition, who must answer the same; and the court thereupon must try the issue as issues are tried in civil actions, and if it be determined that such person is entitled to the property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him, or if it has been sold and the proceeds paid into the state treasury, then it must order the controller to draw his warrant on the treasury for the payment of the same, but without interest or cost to the state, a copy of which order, under the seal of the court, shall be a sufficient voucher for drawing such warrant. All persons who fail to appear and file their petitions within the time limited, are forever barred, saving, however, to infants, married women and persons of unsound mind, or persons beyond the limits of the United States, the right to appear and file their petitions at any time within five years after their respective disabilities cease. Stat. 1869-70, 72, § 1, amending stat. 1852, read: "The controller of the state shall keep just and true accounts of all moneys paid into the treasury, all land vested in the state, as aforesaid; and if any person shall appear within twenty years after the death of the intestate, and claim any moneys paid into the treasury, as aforesaid, as heir or legal representative, such person may file a petition to the district court, in which the seat of government may be staying, stating the nature of his claim, and praying such money may be paid him; a copy of such petition shall be served on the attorney-general at least twenty days before the hearing of said petition, who shall put in answer to the same, and the court thereupon shall examine said claim, and the allegations and proofs; and if the court shall find that such person is entitled to any money paid into the state treasury, he shall by an order direct the controller to issue his warrant on the treasury for the payment of the same, but without in terest or cost to the state; a copy of which order, under seal of the court, shall be a sufficient voucher for issuing such warrant; and if any person shall appear and claim land vested in the state, as aforesaid, within five years after the judgment was rendered, it shall be lawful for such person (other than such as was served with a summons or appeared to the proceedings, their heirs or assigns) to file in the said district court, in which the lands claimed lie, a petition setting forth the nature of his claim, and praying that the said lands may be relinquished to him; a copy of which petition shall be served on the attorney-general, who shall put in an answer, and the court thereupon shall examine said claim, allegations and proofs; and if it shall appear that such person is entitled to such land claimed, the court shall decree accordingly, which shall be effectual for divesting the interest of the state in or to the lands: but no costs shall be charged to the state: and all persons who shall fail to appear and file their petitions within the time limited as aforesaid, shall be forever barred,saving, however, infants, married women, and persons of unsound mind, or persons beyond the limits of the United States, the right to appear and file their petitions as aforesaid, at any time within five years after their respective disabilities are removed: provided, however, that the leg slature may cause such lands to be sold at any time after seizure, in such manner as may be provided by law-in which case the claimant shall be entitled to the proceeds, in lieu of such lands, upon obtaining a decree or order as aforesaid. SECTION 1275. TITLE IX. OF CHANGE OF NAMES. Jurisdiction. 1276. Application for change of name, how made. 1278. Hearing of application and remonstrance. Ø 1275. Applications for change of names must be heard and determined by the county courts. Stat. 1855-66, 103, § 1. same in substance. § 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 petititioner, the near relatives of such person and their place of residence. Stat. 1865-66, 103, § 2, read "is domiciled" instead of "resides;" also inserted the words "if of the age of fourteen years and upwards," between "such person" and "and if such person." § 1277. A copy of such petition must be published for four successive weeks, in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county, a copy of such petition must be posted at three of the most public places in the county for a like period, and proofs must be made of such publication before the petition can be considered. Stat. 1865-66, 103, § 3. § 1278. Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can in such objections show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons, touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper. Stat. 1865-66, 103, § 4, read "and remonstrances may be filed by any near redatives of the person whose name is proposed to be changed, when the person is under twenty-one years of age, if a male, or eighteen, if a female, and in such and all other cases by any other person or persons who can in such remonstrance show to the court good and substantial reasons, satisfactory to the court, against such change of name," instead of "and objections may be filed by any person who can in such objections show to the court good reason against such change of name:" also inserted the words "when by the court deemed necessary" between "persons and "touching." Stat. 1865-66, 103, §§ 5 and 6, contained provisions for fees and costs, and for filing a certified copy of the order changing the name with the secretary of state. See new § 1279 in appendix. |