SECTION 1738. Not to be interested in the payments for or on account of estates in his hands. 1739. When to settle with County Clerk, and how unclaimed estate disposed of. 1740. Proceedings, how and by whom instituted against 1741. Fecs of officers, when and by. whom paid. 1742. Public Administrator to administer oaths. 1743. Preceding Chapters applicable to Public Administra tor. estates to istored by Public beadminAdmin 1726. Every Public Administrator, duly elected, What commissioned, and qualified, must take charge of the estates of persons dying within his county, as follows: 1. Of the estates of decedents for which no administrators are appointed, and which, in' consequence thereof, are being wasted, uncared for, or lost; 2. Of the estates of decedents who leave no known heirs; 3. Of estates ordered into his hands by the Probate Court; and, 4. Of estates upon which letters of administration have been issued to him by the Probate Court. NOTE.-Stats. 1860, p. 105, Sec. 3. Estates may be ordered into the hands of the Public Administrator by the Probate Court.-See Sec. 1411, ante, and note; see, also, Beckett vs. Selover, 7 Cal., p. 215; see, also, Subd. Note 9, to Sec. 1365, ante. Continues to act with reference to estates in his hands after his term ceases.Rogers vs. Hoberlin, 11 Cal., p. 120. The decision in this case was, in Abel vs. Love, 17 Cal., p. 233, construed to mean simply that authority, or a grant of administration, must be shown. See next section and note. istrator. Adminis obtain when 1727. Whenever a Public Administrator takes Public charge of an estate, which he is entitled to administrator to ter without letters of administration being issued, or letters, . under order of the Court, he must, with all convenient dispatch, procure letters of administration thereon, in like manner and on like proceedings as letters of administration are issued to other persons. His official His bond and oath. Duty of persons in whose house any stranger dies. bond and oath are in lieu of the administrator's bond and oath; but when real estate is ordered to be sold, another bond may be required by the Court. NOTE.-See Beckett vs. Selover, 7 Cal., p. 230, as to the rights and powers of Public Administrators.Rogers vs. Hoberlin, 11 Cal., p. 128. But if the actual issuance of letters be necessary in order to authenticate the title of an administrator, in any proceeding of this sort, after a grant of administration has been regularly made, we think there is no necessity for such issuance to a Public Administrator who has been duly authorized to administer by the judgment of a Court having jurisdiction. Rogers vs. Hoberlin was only designed to decide that a grant must be shown.-Abel vs. Love et al., 17 Cal., p. 258. 1728. (§ 304.) Whenever a stranger, or person without known heirs, dies intestate in the house or premises of another, the possessor of such premises, or any one knowing the facts, must give immediate notice thereof to the Public Administrator of the county; and in default of so doing, he is liable for any damage that may be sustained thereby, to be recovered by the Public Administrator, or any party interested. NOTE.-The Public Administrator is not entitled to administer upon every estate, nor even upon the majority of estates, and there must be a judicial grant of administration to him in each particular case, and his commission therefore cannot prove that he is the regular administrator upon the particular estate; nor can the law intend that in each case where his authority is called in question he shall be compelled to prove by independent testimony the particular facts which entitle him to administration in the particular case.-Beckett vs. Selover, 7 Cal., p. 232. He must show a grant of administration in each case, like any other administrator, and has other duties to perform beyond what ordinary administrators have; he is required, for instance, by Sec. 1736, post, to make settlements at regular intervals of all estates coming into his hands; see, also, Sec. 1739, post. The Public Administrator usually has charge of such estates as escheat to the State, and these provisions are made with reference to this fact.-Id. return and 1729. (§ 305.) The Public Administrator must Must make and return a perfect inventory of all estates inventory taken into his possession, administer and account for administer the same, according to the provisions of this Title, subject to the control and direction of the Probate Court. NOTE. See note to preceding section, and Rogers vs. estates according to this Title. another trator or executor, 1730. (§ 306.) If, at any time, letters testamen- When tary or of administration are regularly granted to any person is other person on an estate of which the Public Admin- adminis istrator has charge, he must, under the order of the Public Probate Court, account for, pay, and deliver to the executor or administrator thus appointed, all the money, property, papers, and estate of every kind in his possession or under his control. NOTE.-See notes preceding, and cases there cited. 1731. (§ 307.) All civil officers must inform the Public Administrator of all property known to them, belonging to a decedent, which is liable to loss, injury, or waste, and which, by reason thereof, ought to be in the possession of the Public Administrator. Adminis trator to the estate. deliver up Civil give notice officers to of waste to Public istrator. property of 1732. ( 308.) The Public Administrator must Suits for institute all suits and prosecutions necessary to recover decodents. the property, debts, papers, or other estate of the decedent. examine charged embezzling estate. 1733. (§ 309.) When the Public Administrator Order to complains to the Probate Judge, on oath, that any per- party son has concealed, embezzled, or disposed of, or has in with his possession, any money, goods, property, or effects, to the possession of which such administrator is entitled in his official capacity, the Judge may cite such person to appear before the Probate Court, and may examine him on oath touching the matter of such complaint. NOTE.-See Secs. 1458-1471, ante, and notes, especially Sec. 1459, ante. Punishment for refusing to attend. Order on to account. 1734. (§ 310.) All such interrogatories and answers must be reduced to writing and signed by the party examined, and filed in the Probate Court. If the person so cited refuses to appear and submit to such. an examination, or to answer such interrogatories as may be put to him touching the matter of such complaint, the Court may commit him to the County Jail, there to remain in close custody until he submits to the order of the Court. NOTE.-See Secs. 1458-1461, ante, and notes, particularly Sec. 1460, ante. 1735. (§ 311.) The Probate Court may at any ministrator time order the Public Administrator to account for and deliver all the money and property of an estate in his hands to the heirs, or to the executors or adminis trators regularly appointed. Every six months to make and publish return of condition of estate. When there are claimants, moneys NOTE.-Beckett vs. Selover, 7 Cal., p. 233. 1736. (§ 312.) The Public Administrator must, once in every six months, make to the Probate Judge, under oath, a return of all estates of decedents which have come into his hands, the value of the same, the money which has come into his hands from such estate, and what he has done with it, and the amount of his fees and expenses incurred, and the balance, if any, remaining in his hands; publish the same six times in some newspaper in the county, or if there is none, then post the same, legibly written or printed, in the office of the County Clerk of the county. NOTE.-Stats. 1855, p. 299, Sec. 2; Beckett vs. Selover, 7 Cal., p. 232; Rogers vs. Hoberlin, 11 Cal., p. 127. 1737. After a final settlement of the affairs of any no heirs or estate, if there be no heirs or other claimants thereof, the Public Administrator must pay over to the County Treasury, to be paid into the State Treasury, all moneys and effects in his hands belonging to the estate, and effects paid to County Treasurer, etc. and if any such moneys and effects escheat to the State, they must be disposed of as other escheated estates. NOTE.-Stats. 1855, p. 299, Sec. 2; 1851, p. 207, kind interested in the payments for or on account of the 1738. (§ 302.) The Public Administrator must Not to be not be interested in the expenditures of any made on account of any estate he administers; nor must he be associated, in business or otherwise, with states any one who is so interested, and he must attach to his report and publication, made in accordance with the preceding section, his affidavit to that effect. NOTE.-Stats. 1851, p. 414, Sec. 4. hands. settle with Clerk, and how disposed of. unclaimed estate 1739. (§ 302.) Public Administrators are required When to to account under oath, and to settle and adjust their County accounts, relating to the care and disbursement of money or property belonging to estates in their hands, with the County Clerks of their respective counties, on the first Monday in each month; and they must pay to the County Treasurer any money remaining in their hands of an estate unclaimed, as provided in Sections 1693 to 1696, both inclusive. NOTE.-Stats. 1853, p. 211, Sec. 2. ings, how and by init whom instituted against Public Administrator failing to pay over ordered. money as 1740. When it appears, from the returns made in Proceedpursuance of the foregoing sections, that any money remains in the hands of the Public Administrator (after a final settlement of the estate) unclaimed, which should be paid over to the County Treasurer, the Probate Judge must order the same to be paid over to the County Treasurer; and, on failure of the Public Administrator to comply with the order within ten days after the same is made, the District Attorney for the county. must immediately institute the requisite legal proceedings against the Public Administrator, for a judgment against him and the sureties on his official bond in the amount of money so withheld, and costs. NOTE.-Stats. 1859, p. 213, Sec. 1. |