persons interested in the estate to appear and show cause, if any they have, within forty days from the date of the order, why the same should not vest in this State; which order must be published for at least one month from the date thereof, in a newspaper published in the county, if one be published therein, and in case no newspaper is published in the county, in some other newspaper in this State. [In effect April 16th, 1880.] Unclaimed realty-of non-resident aliens, escheats to State, Civil Code, sec. 672; 5 Cal. 373; 13 Cal. 159; My. P. Rep. 19. Non-resident aliens-rights generally, 2 Cal. 558; 5 Cal. 373, 381; 6 Cal. 250; 12 Cal. 450; 13 Cal. 159; 18 Cal. 217; 26 Cal. 455; 32 Cal. 376. § 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. Appoint a receiver-see generally, secs. 564–569. § 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 facts 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. In any judgment rendered, or that has heretofore been rendered by any court of competent jurisdiction, escheating real property to the State, on motion of the attorney-general, the court shall make an order that said real property be sold by the sheriff of the county where the same is situate, at public sale, for gold coin, after giving such notice of the time and place of sale as may be prescribed by the court in the said order; that the sheriff shall, within five days after such sale, make a report thereof to the court, and upon the hearing of said report, the court may examine the said report and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value, and if it appear that a sum exceeding such bid at least ten per cent., exclusive of the expense of a new sale, may be obtained, the court may vacate the sale, and direct another sale to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place. If an offer of ten per cent. more in amount than that named in the report be made to the court in writing, by a responsible person, the court may, in its discretion, accept such offer, and confirm the sale to such person, or order a new sale. If it appears to the court that the sale was legally made, and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a greater sum than ten per cent., exclusive of the expense of a new sale, cannot be obtained, or if the increased bid above mentioned be made and accepted by the court, the court must make an order confirming the sale, and directing the sheriff, in the name of the State, to execute to purchaser or purchasers a conveyance of said property sold; and said conveyance shall vest in the purchaser or purchasers all the right and title of the State therein, and the sheriff shall, out of the proceeds of such sale, pay the cost of said proceedings incurred on behalf of the State, including the expenses of making such sale, and also an attorney's fee, if additional counsel was employed in said proceedings, to be fixed by the court, not exceeding ten per cent. on the amount of such sale, and the residue thereof shall be paid by said sheriff into the State treasury. [In effect March 2nd, 1881.] Proceedings-appearance, sec. 1014 and note; answer, sec. 437 and notes; judgment, secs. 585, 664, and notes; trial, secs. 600-645; issue of fact, secs. 590, 592; costs, sec. 1021 et seq. § 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 Superior 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 attorneygeneral 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 CODE CIV. PROC.-37. 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 the time limited, or five years after their respective disabilities cease. | In effect April 16th, 1880.] Non-resident aliens-unclaimed realty of, and rights generally, sec. 1269, notes. TITLE IX. OF CHANGE OF NAMES. 1275. Jurisdiction. § 1276. Application for change of name, how made. 1278. Hearing of application and remonstrance. § 1275. Applications for change of names must be heard and determined by the Superior Courts. [In effect April 23rd, 1880.] § 1276. All applications for change of names must be made to the Superior 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 eiglfteen 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 petitioner, the near relatives of such person, and their place of residence. Any religious, benevolent, literary, or scientific corporation, or any corporation bearing or having for its name, or using or being known by the name of any benevolent, or charitable order or society, may by petition, apply to the Superior Court of the county in which the property of said corporation is situated, for a change of its corporate name. Such petition must be signed by the trustees of the corporation, or by a majority of them, and must specify the date of the formation of the corporation, its present name, the name proposed, and the reason for such change of name. Upon filing such petition on behalf of sucli corporation, the same proceedings shall be had as upon applications for changes of names of natural persons; and no banking corporation hereafter organized shall adopt or use the name of any friendly society. [In effect April 23rd, 1880.] § 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. § 1278. Such application must be heard at such time 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 on 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. In effect April 23rd, 1880.] § 1279. Each county clerk shall, annually, in the month of January, make a return to the office of the Secretary of State of all changes of names made in the Superior Court of his county under this title. Such return shall show the date of the decree of the court, original name, name decreed, and residence. Such returns shall be published in a tabular form with the statutes first publislied thereafter. In effect April 23rd, 1880.] |