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Additional clerk of controller. Appointment.

635. SEC. 1. That the controller of State be, and he is hereby authorized and empowered, to appoint an additional lerk for his department, who shall hold his office during the pleasure of the controller. Such appointment shall be made in writing, and be filed in the office of controller of State; and the controller so making the appointment, and his sureties, shall be responsible for the faithful performance of the duties of said clerk; and for his services, said clerk shall receive the sum of two hundred and Compensation. seventy dollars per month, to be paid in the same manner as the clerks of the several departments of State are now paid by existing laws.

Additional clerk of treasurer.

636. SEC. 2. That whenever, in the opinion of the treasurer of State, an additional clerk shall be necessary for the transaction of the business of his department, he shall have power to make such appointment, in the same manner as is provided for the appointment of an additional clerk to the controller, in section one of this act. And said clerk, so appointed, shall receive for his services the sum of two hundred and Compensation. seventy dollars per month in manner and form as is provided for the payment of clerks in the several departments of State.

Salary of clerks.

Blank licenses.

Drawing.

637. SEC. 3. That all the clerks employed by the controller of State. treasurer of State, and the clerk employed by the board of examiners of war claims, shall each be paid for services rendered from the first day of June, one thousand eight hundred and fifty-two, at the rate of two hundred and seventy dollars per month.

SEC. 4. All laws and parts of laws conflicting with the above section, be and the same are hereby repealed.

An Act in relation to clerks in the office of the controller of State, and to provide for their pay.

Approved May 7, 1858, 146.

638. SECTION 1. The controller of State, shall have printed and forwarded to the auditor of each county, all necessary blank licenses, where the moneys are payable for State purposes, and may allow to his authorized deputy, for signing any, or all State licenses, the same rates of compensation, as is by law allowed to the book-keeper in his office; such allowance to be paid only for the time actually employed, by the said deputy, in the discharge of his duties.

[Sec. 2 refers to compensation of clerk heretofore employed.]

[An Act requiring the controller of State to sign certain blanks, and to appoint a deputy for that purpose, was approved April 16, 1859, 262. It was afterwards repealed, see 1861, 457.] An Act to provide for the engraving and printing of State controller's warrants.

Approved May 18, 1861, 509.

639. SECTION 1. The controller of State shall, with the advice of the governor and State treasurer, cause to be prepared a drawing of a State controller's warrant, the Metal engraving, design and tenor of which shall be in accordance with the law prescribing the form thereof, and shall cause such drawing to be skilfully engraved upon a plate of steel, or other metal suitable for the purpose; said engraved plate of steel, or other metal, shall be carefully preserved by the controller of State, who shall cause to be printed thereon all warrants required by law to be drawn by him upon the State treasurer.

To print all warrants.

No warrant until

money in treasury.

Warrants for claims up to April 15, 1863.

List of warrants.

[Sec. 2 provides for an appropriation of $1,000 to carry into effect the provisions of this act. Sec. 3 provides that the act shall take effect from passage.]

An Act to direct the controller of State in relation to drawing his warrants on the State treasury.

Approved February 11, 1862, 4.

640. SECTION 1. The controller of State shall not draw his warrants, for the payment
of any money out of any appropriation made by law, until the money for the same is
in the State treasury; and all appropriations hereafter 'made shall be held subject
to the provisions of this act, unless expressly exempted therefrom.
SEC. 2. This act shall take effect from and after its passage.

An Act to direct the controller of State in drawing his warrants upon the State treasurer.
Approved April 20, 1868, 362.

641. SECTION 1. The controller shall draw his warrant upon the treasurer of State for all claims which have been audited and filed in the controller's office up to the fifteenth day of April, eighteen hundred and sixty-three, in the order of the numbers placed upon said claims by the board of examiners.

642. SEC. 2. The controller shall furnish to the State treasurer a list of all warrants by him drawn, and shall also state the date, number, and amount of said warrant, and to whom issued, and the treasurer shall make a registry of said warrants from the lists

so delivered by the controller, and shall pay the same in the order of registration, and previous to paying any warrant subsequently drawn.

SEC. 3. This act shall take effect from and after its passage.

Conveyances.

An Act concerning conveyances.

Passed April 16, 1850, 249.

deed.

643. SECTION 1. Conveyances of lands, or of any estate or interest therein, may be Conveyances by made by deed, signed by the person from whom the estate or interest is intended to 1 Cal. 418. 2 Cal. pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or 89. 5 Cal. 815, 7 proved and recorded as hereinafter directed.

Cal. 153. 10 Cal. 12. 22 Cal. 224. 22 Cal. 563. 22 Cal.

644. SEC. 2. A husband and wife may, by their joint deed, convey the real estate 573. 22 Cal. 550. of the wife in like manner as she might do by her separate deed if she were unmar- Real estate of ried.

wife.

shall be acknowl

645. SEC. 3. Every conveyance in writing, whereby any real estate is conveyed or Conveyances may be effected (except as provided in sections twenty-five and twenty-six of this edged and act), [shall]() be acknowledged or proved and certified in the manner hereinafter certified. provided. [Amendment, approved February 15, 1864; 1863-4, 85; took effect from passage.

646. SEC. 4. The proof or acknowledgment of every conveyance whereby any real who take proof or acknowledgestate is conveyed or may be affected, shall be taken by some one of the following ment. officers:

State.

First. If acknowledged or proved within this State, by some judge or clerk of Within this a court having a seal, or some notary public or county recorder, or by a justice of the 12 Cal. 584. peace of the proper county, where the conveyance is executed, and to be recorded only 18 Cal. 158. in such county.

State. 11 Cal. 281.

Second. If acknowledged or proved without this State, and within any state or Without this territory in the United States, by some judge or clerk of any court of the United 13 Cal. 81. States, or of any state or territory, having a seal, or by a commissioner appointed by 22 Cal. 496. the government of this State for that purpose.

States.

2

Third. If acknowledged or proved without the United States, by some judge or Without Unitedclerk of any court, of any state, kingdom, or empire, having a seal, or any notary 498. public therein, or any minister, commissioner or consul of the United States, appointed 16 Cal. 584. to reside therein.

When any of the officers above mentioned are authorized by law to appoint a deputy, such acknowledgment or proof may be taken by such deputy in the name of his principal.() [Amendment, approved May 15, 1862, 578.

ment indorsed or annexed.

647. SEC. 5. Every officer that shall take the proof or acknowledgment of any con- Acknowledgveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance; such certificate shall be :First. When granted by any judge or clerk, under the hand of such judge or clerk, and the seal of the court:

Second, When granted by an officer who has a seal of office, under the hand and official seal of such officer.

648. SEC. 6. No acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make such acknowledgment shall be personally known to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

Grantor personally known, &c. 6 Čal. 224

7 Cal. 160.

649. SEC. 7. The certificate of such acknowledgment shall state the fact of acknowl- Certificate. edgment, and that the person making the same was personally known to the officer 8 Cal. 85. granting the certificate, to be the person whose name is subseribed to the conveyance 8 Cal. 584.

(*) There is an omission here in the printed statutes of 1663-4. The word "shall" is inserted from the original section, which

was as follows:

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8 Cal. 461.

public, or justice of the peace of the proper county: 2d. If acknowledged or proved without this State, and within the United States, by some judge, or clerk of any court of the United States, or of any state or territory having a seal, or by any commissioner appointed by the government of this State for that purpose: 3d. If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom, or empire, having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein.

Form.

Form, where grantor unknown.

Proof of execution.

Witness personally known.

Certificate of proof.

What to set forth.

10 Cal. 581.

Proof by handwriting.

Certificate of proof.

Subpoena for witness to execution.

Refusing to obey
subpoena, or
*estify.

as a party thereto, or was proved to be such, by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.

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650. SEC. 8. Such certificate shall be substantially in the following form, to wit. "State of California, County of —, on this day of A. D. personally appeared before me, a notary public (or judge, or officer, as the case may be) in and for said county, A. B., known to me to be the person described in, and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned.” 651. SEC. 9. When the grantor is unknown to the court or officer taking the acknowledgment, the certificate may be in the following form, to wit: "State of California, County of on this day of A. D. , personally appeared before me, a notary public (or judge, or officer, as the case may be) in and for said county, A. B., satisfactorily proved to me to be the person described in, and who executed the within conveyance, by the oath of C. D., a competent and credible witness for that purpose, by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned." 652. SEC. 10. The proof of the execution of any conveyance whereby any real estate is conveyed or may be affected, shall be:

First, by the testimony of a subscribing witness, or

Second, when all the subscribing witnesses are dead, or cannot be had by evidence of the handwriting of the party, and of at least one subscribing witness, given by a credible witness to each signature.

653. SEC. 11. No proof by a subscribing witness shall be taken, unless such witness shall be personally known to the officer taking the proof, to be the person whose name is subscribed to the conveyance as a witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

654. SEC. 12. No certificate of such proof shall be granted, unless such subscribing witness shall prove the person whose name is subscribed thereto as a party, is the person described in, and who executed the same; that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof.

655. SEC. 13. The certificate of such proof shall set forth the following matters: First. The fact that such subscribing witness was personally known to the officer granting the certificate, to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate.

Second. The proof given by such witness of the execution of such conveyance, and of the facts, that the person whose name is subscribed to such conveyance as a party thereto is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof.

656. SEC. 14. No proof by evidence of the handwriting of the party and of a subscribing witness shall be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof.

657. SEC. 15. No certificate of any such proof shall be granted, unless a competent and credible witness shall state on oath, or affirmation, that he personally knew the person whose name is subscribed thereto as a party, well knew his signature (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall in like manner state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knew his signature (stating his means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person.

658. SEC. 16. Upon the application of any grantee in any conveyance required by this act to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgment or proof of such conveyance, may issue a subpœna requiring such witness to appear before such officer and testify touching the execution thereof.

659. SEC. 17. Every person who being served with a subpoena shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured in the sum of

one hunered dollars, and for such damages as may be sustained by him on account of such neglect or refusal, and may also be committed to prison by the judge of some court of record, there to remain without bail until he shall submit to answer upon oath as aforesaid; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have been first tendered to him.

Provided, however, that if it shall appear to the satisfaction of the officer so author- Proviso. ized to take such acknowledgment that such subscribing witness purposely conceals himself, or keeps out of the way, so that he cannot be served with a subpoena, or taken on attachment, after the use of due diligence to that end, or in case of his continued failure, or refusal, to testify for the space of one hour after his appearance shall have been compelled by process, then said conveyance, or other instrument, may be proved and admitted to record in the same manner as if such subscribing witnesses thereto were dead.(") [Amendment, approved May 18, 1861, 531; took effect from passage. 660. SEC. 18. A certificate of the acknowledgment of any conveyances, or of the Certificate entitles conveyanco proof of the execution thereof, as provided in this act, signed by the officer taking the to record. same, and under the seal of the officer, shall entitle such conveyance, with the certificate or certificates as aforesaid, to be recorded in the office of the recorder of any county in this State, and in like manner all conveyances of land within this State, 5 Cal. 315. made by the State of California, or by the government of the United States, by patent duly executed and verified as required by law, shall be entitled to record as aforesaid,

to record.

and the records of all patents in the recorder's office of the State heretofore made, Patents entitled shall be as valid and effectual as though made under the provisions of this act.(©) [Amendment, approved February 15, 1864; 1863-4, 85; took effect from passage.

married women.

661. SEC. 19. A married woman may convey any of her real estate by any convey- Conveyances by ance thereof, executed and acknowledged by herself and her husband, and certified 20 Cal. 674. in the manner hereinafter provided, by the proper officer taking the acknowledgment.

662. SEC. 20. No covenant expressed or implied in any such conveyance shall bind Covenants by such married woman or her heirs, except so far as may be necessary effectually to married women. convey from such married woman and her heirs, all her rights and interest expressed

to be conveyed in such conveyance.

ments of married

663. SEC. 21. Any officer authorized by this act to take the proof or acknowledg- Acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, may wonten take and certify the acknowledgment of a married woman to any such conveyance of 12 Cal. 564. real estate.

13 Cal. 84.

ments by
9 Cal. 18.

664. SEC. 22. No such acknowledgment shall be taken, unless such married woman Requisites of shall be personally known to the officer taking the same, to be the person whose acknowledg name is subscribed to such conveyance as a party thereto, or shall be proved to be married women. such by a credible witness; nor, unless such married woman shall be made acquainted 9 Cal. 591. with the contents of such conveyance, and shall acknowledge on an 'examination, 10 Cal. 436. apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.

13 Cal. 81.

665. SEC. 23. The certificate shall be in the form heretofore given, and shall set Certificate. forth that such married woman was personally known to the officer granting the 22 Cal. 568. same, to be the person whose name is subscribed to such conveyance as a party thereto, or was proved to be such by a credible witness, whose name shall be inserted in the certificate, and that she was made acquainted with the contents of such conveyance, and acknowledged, on examination apart from and without the hearing of her husband, that she executed the same freely, and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. Every certificate which substantially conforms to the requirements of this act shall be valid.

666. SEC. 24. Every conveyance of real estate, and every instrument of writing, Record notice to third persons setting forth an agreement to convey any real estate, or whereby any real estate may I Cal. 203. be affected, proved, acknowledged and certified in the manner prescribed in this act, 9 Cal. 52. to operate as notice to third persons, shall be recorded in the office of the recorder of 12 Cal. 863. the county in which such real estate is situated, but shall be valid and binding be- 22 Cal. 496.

10 Cal. 108.

() The original section was the same, with the exception of act, signed by the officer taking the same, and under the seal of the proviso.

(*) Original section:

SEC. 18. A certificate of the acknowledgment of any conveyance, or of the proof of the execution thereof, as provided in this

the officer, shall entitle such conveyance, with the certificate or certificates as aforesaid, to be recorded in the office of the recorder of any county in this State.

Unrecorded deeds, &c.

Notice from

time of filing. 8 Cal. 179.

6 Cal. 297.

6 Cal. 670.

7 Cal. 294.

20 Cal. 516.

Unrecorded conveyances. 20 Cal. 219.

Powers of attorney to be ac

recorded.

2 Cal. 498.

tween the parties thereto, without such record.(") [Amendment, approved April 27, 1855, 171.

667. SEC. 25. Every such conveyance or instrument of writing, acknowledged or proved and certified and recorded in the manner prescribed by this act, and every patent to lands within this State, duly executed and verified according to law, and recorded as provided for in this act, shall, from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof, and subsequent purchasers, mortgagees, and lien holders shall be deemed to purchase and take with notice.() [Amendment, approved February 15, 1864; 1863-4, 85; took effect from passage.

668. SEC. 26. Every conveyance of real estate within this State, hereafter made, which shall not be recorded as provided in this act, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate, or any portion thereof, where his own conveyance shall be first duly recorded.

669. SEC. 27. Every power of attorney, or other instrument in writing containing knowledged and the power to convey any real estate as agent or attorney for the owner thereof, or to execute as agent or attorney for another, any conveyance whereby any real estate is conveyed or may be affected, shall be acknowledged or proved, and certified and recorded as other conveyances whereby real estate is conveyed or affected, are required to be acknowledged or proved, and certified and recorded.

7 Cal. 171.

Revocation to be recorded.

Conveyances ac-
knowledged
evidence.
13 Cal. 166.
20 Cal. 219.

Certified copies.

Acknowledg

ment, &c., may

be rebutted. 21 Cal. 47.

Incompetent witnesses.

After-acquired legal estate.

14 Cal. 573.

Claims to real estate saleable.

"Real estate."

"Conveyances." 20 Cal. 674.

670. SEC. 28. No such power of attorney or other instrument, certified and recorded in the manner prescribed in the preceding section, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded.

671. SEO. 29. Every conveyance or other instrument, conveying or affecting real estate, which shall be acknowledged or proved and certified, as hereinafter prescribed, may, together with the certificate of acknowledgment or proof, be read in evidence without further proof.

672. SEC. 30. When any such conveyance or instrument is acknowledged or proved, certified and recorded in the manner hereinafter prescribed, and it shall be shown to the court that such conveyance or instrument is lost, or not within the power of the party wishing to use the same, the record thereof, or the transcript of such record, certified by the recorder under the seal of his office, may be read in evidence without further proof.

673. SEC. 31. Neither the certificate of the acknowledgment, nor of the proof of any such conveyance or instrument, nor the record, nor the transcript of the record of such conveyance or instrument, shall be conclusive, but the same may be rebutted. 674. SEO. 32. If the party contesting the proof of any such conveyance or instrument, shall make it appear that any such proof was taken upon the oath of an incompetent witness, neither such conveyance or instrument, nor the record thereof, shall be received in evidence until established by other competent proof.

675. SEC. 33. If any person shall convey any real estate, by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real estate, but shall afterwards acquire the same, the legal estate subsequently acquired shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.

676. SEO. 34. Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein in the same manner and with the same effect as if he was in actual possession thereof.

677. SEC. 35. The term "real estate," as used in this act, shall be construed as coextensive in meaning with lands, tenements, and hereditaments.

678. SEC. 36. The term "conveyance," as used in this act, shall be construed to

(") Original section:

SEO. 24. Every conveyance whereby any real estate is conveyed, or may be affected, proved, or acknowledged, and certified in the manner prescribed in this act, to operate as notice to third persons, shall be recorded in the office of the recorder of the county in which such real estate is situated, but shall be valid and binding between the parties thereto without such record. (Original section:

SEC. 23. Every such conveyance, certified and recorded in the manner prescribed in this act, shall, from the time of filing the same with the recorder for record, impart notice to all persons

of the contents thereof, and all subsequent purchasers and mort gagees shall be deemed to purchase with notice.

The original section was previously, by act approved April 27, 1855, 171, amended so as to read as follows:

SEC. 25. Every such conveyance or instrument of writing acknowledged, or proved and certified, and recorded in the manner prescribed in this act, shall from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers and mortga gees shall be deemed to purchase and take with notice.

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