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Remedies deemed cumulative.

Sec. 17. The remedies provided for by this act shall be deemed cumulative, and in addition to any other remedy now or hereafter provided by law for quieting or establishing title to real property.

Actions to be commenced when.

Sec. 18. All actions authorized hereby must be commenced before January 1, 1911. [Amendment. Approved March 6, 1909; Stats. 1909, p. 163.]

Sec. 19. This act shall be in force thirty days after its passage.

Construction and constitutionality. The constitutionality of this act was upheld in Title Document and Restoration Company v. Kerrigan, 150 Cal. 289. This case was followed in American Land Company v. Zeiss, decided by United States District Judge Van Fleet on September 14, 1908. This latter case was appealed to the United States circuit court of appeals, which referred the question of the constitutionality of this statute to the United States supreme court. See also Robinson v. Kerrigan, 151 Cal. 45; Hoffman v. Superior Court, 151 Cal. 388. 390. Actual possession is necessary under the act: Lofstad v. Murasky, 152 Cal. 64. As to what constitutes such actual possession, see idem. As to the form and sufficiency of the affidavit, see Hoffman v. Superior Court, 151 Cal. 386. The grantor of a deed of trust intended as security for a loan of money may maintain an action under this act: C. A. Warren Co. v. All Persons, 153 Cal. 771.

An Act supplementary to the act approved June 16, 1906, entitled "An Act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records," providing for the making and recordation of notice of ownership or claim to real property.

§ 1.

§ 2.

§ 3.

§ 4.

§ 5.

[Approved March 23, 1907; Stats. 1907, p. 950.]

Claim of title to real property when records are lost.
Duty of recorder.

In actions relating to real property, claimants in notice must be named.
Executor may record notice.

Act supplementary to act of 1906.

Claim of title to real property when records are lost.

Section 1. In any case where the title to real property might be established or quieted under the provisions of the act to which this act is supplementary, any person or corporation who is or claims to be the owner of such real property or of any interest therein or lien thereon may, by himself or by his agent, duly authorized by letter of attorney theretofore recorded in the office of the county recorder of the county or city and county where such property is situated, sign, verify and file for record in the office of the said county recorder a notice in substantially the following form, to wit:

"Notice of ownership and claim to real property under an act of the legislature of the state of California approved (here insert the date of the passage of this act), 1907.

"Notice is hereby given that whose residence is at

(here insert (here insert a

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(here insert name of claimant) (here insert street and number, city or town, county and state of residence), is the owner of an interest in the real property situated in the (here insert name of city or town if the property be located in a city or town), county of name of county or city and county in which property is located) state of California, described as follows, to wit: particular description of real property) "The character of the interest in said real property owned by the claimant is (here insert description of the character of interest in or lien upon the real property) and the said interest was obtained from

(here insert the name of the party from whom said interest was obtained) and at the time and in the manner following (here insert time at which and manner in which said interest was acquired).”

Said notice shall be signed by the claimant or by his agent, as hereinbefore provided, and shall be verified by the oath of the party signing it, to the effect that all of the statements therein contained are true to the knowledge of said party.

Duty of recorder.

Sec. 2. Upon the filing of said notice for recordation the said recorder shall forthwith record said notice in a book devoted exclusively to the recordation of such notices, and shall properly index the same with reference to the name of the claimant, and shall enter upon a map or plat of the parcels of land in the county (which said map or plat shall be kept by him for that purpose and be devoted exclusively thereto), on that part of the map or plat representing the parcel or parcels described in said notice, a reference to the date of the filing of said notice for recordation, and, when recorded, to the book and page of the record thereof. From and after three days after the filing of said notice for record, all persons who may thereafter begin actions under the provisions of the act to which this act is supplementary, shall be deemed to have notice of the facts stated in said notice, but neither the filing of said notice for record nor its recordation shall be deemed to give constructive notice to any other person or for any other purpose than as herein prescribed. The original of said notice shall remain on file in the office of said county recorder.

In actions relating to real property, claimants in notice must be named. Sec. 3. Any person who, from and after three days after the date of the filing of such notice for record, shall begin any action relating to the real property described in such notice, to perfect or establish his title thereto, or to any part thereof, or any interest therein, under the provisions of the act to which this act is supplementary, must name the claimant in such notice, or any person who is a successor in interest of such claimant under a subsequently duly recorded written instrument, judgment or decree, as a party said to claim an interest in or lien upon the property adverse to the plaintiff in such action in the affidavit and in the memorandum appended to the summons provided for in the act

to which this act is supplementary, and must cause such claimant, or such successor in interest of such claimant, by virtue of a subsequently duly recorded written instrument, judgment or decree, to be duly served with summons in such action, in the manner provided by the act to which this act is supplementary, otherwise neither the said action nor any judgment or decree which may be given or made therein shall in any wise affect the title or interest in the property described in such notice, owned by the claimant named therein at the time of the filing thereof, or by any successor in interest of such claimant by virtue of a written instrument, judgment or decree duly recorded subsequently to the filing of such notice and prior to the commencement of the action; provided, however, that the failure to name said claimant or such successor in interest, as aforesaid, in said affidavit or memorandum, or to serve such claimant or such successor in interest, shall not affect the validity of the judgment or decree rendered in such action as to any other persons, but such judgment or decree shall be valid and binding upon all persons except such claimant or such successor in interest.

Executor may record notice.

Sec. 4. An executor, administrator or guardian, or other person holding the possession of property in the right of another, may make, sign, verify and file for record the notice and affidavit in this act provided for on behalf of the estate or interest which he represents.

Act supplementary to act of 1906.

Sec. 5. This act shall be supplementary to the act approved June 16, 1906, entitled "An Act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records." Sec. 6. This act shall take effect immediately.

An Act relating to the restoration of court records which have been lost, injured or destroyed by conflagration or other public calamity.

[Approved June 16, 1906; Stats. 1906, p. 73.]

§ 1. Court records, restoration of those lost or destroyed by conflagration. Same.

§ 2.

§ 3. Appeal.

Court records, restoration of those lost or destroyed by conflagration. Section 1. Whenever in any action or special proceedings, civil or criminal, in any court of this state, any judgment, decree, order, document, record, paper, process, or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, any party or person interested therein may, on application by a duly verified petition in writing to such court, and on showing to the satisfaction of such court that the same has been lost, injured or destroyed by conflagration or other public calamity, without fault or neglect of the party or person making such application, obtain an order from such court upon notice given as provided in section ten

hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure, authorizing such defect to be supplied by a duly certified copy of such original, where the same can be obtained, which certified copy shall thereafter have the same effect in all respects as such original would have had.

Same.

Sec. 2. Whenever in any action or special proceeding, civil or criminal, in any court of this state any judgment, decree, order, document, record, paper, process or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity, and such defect cannot be supplied as provided in the last section, any party or person interested therein may make written application to the court to which the same belongs, verified by affidavit or affidavits, showing such loss, injury or destruction, and that certified copies thereof cannot be obtained by the party or persons making such application, and that such loss, injury or destruction occurred by conflagration, or other calamity, without the fault or neglect of the party making such application, and that such loss, injury or destruction, unless supplied or remedied will or may result in damage to the party or person making such application, and thereupon such court shall cause notice of such application to be given, as provided in section ten hundred and ten to ten hundred and seventeen inclusive of the Code of Civil Procedure. If, upon such hearing the court shall be satisfied that the statements contained in such written application are true, the court shall make an order reciting what was the substance and effect of suel. lost, injured or destroyed judgment, decree, order, document, record, paper, process or file, which order shall have the same effect that such original would have had if the same had not been lost, injured or destroyed, so far as concerns the party or persons making such application, and the persons who shall have been notified, as provided for in this section. The judgment, decree, order, document, record, paper, process, or file in all cases where the proceeding is in rem, including probate, guardianship and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and notice by publication or postings to all persons who have not appeared for not less than ten days, as the court may order, and the same when restored shall have the same effect upon all persons who have been personally served with notice of such application as the original, and as to all other persons the same shall be prima facie evidence of the contents of such original.

Appeal.

Sec. 3. If an appeal shall have been taken in any action or special proceeding in any superior court in which the record shall have been subsequently lost or destroyed by conflagration or other public calamity, to a district court of appeal or to the supreme court, and a transcript of such record has been filed in such district court of appeal or in the supreme court, any party or person interested in the action or special proceeding may obtain a certified copy of such transcript, or of any portion thereof, from the clerk of the district court of appeal, attested

by the presiding judge thereof, or from the clerk of the supreme court, attested by the chief justice, and may file such certified and attested copy of such transcript or of any part or portion thereof in the office of the clerk of the superior court from which such appeal was taken. Thereupon such certified and attested copy of such transcript or of any part or portion thereof may be made the basis of any further proceedings or processes in such superior court in such action or special proceeding to all intents and purposes as if the original record so copied, certified and attested, or the part or portion thereof so copied, certified and attested, were on file.

Sec. 4. This act shall take effect immediately.

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CORPORATIONS.

An Act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administration of trusts by such corporations.

2. Amended April 1, 1897; Stats. Stats. 1903, p. 244. 4. Amended 5. Amended March 18, 1907; Stats.

[1. Approved April 6, 1891; Stats. 1891, p. 490.
1897, p. 424. 3. Amended March 20, 1903;
March 18, 1905; Stats. 1905, p. 232.
1907, p. 562.]

1. What corporations may act as executor.
Deposits made with corporation.

2.

4.

Public administrator may make deposits.
Court may order deposit and reduce bonds.
Responsible for investments.

Interest.

Deposit of bonds with state treasurer.
May mortgage real estate.

Deposit, increase, and decrease of.

Abstracts of title.

Certificate of authority.

Semi-annual statement.

§ 13.

Verification of statement.

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§ 21.

Time of taking effect of.

§ 22.

§ 23.

Retirement from business.

Conflicting laws repealed.

Corporations shall keep inviolate confidential communications.

Use of the word "trust" in name of, prohibited, except by certain corporations. What corporations may act as executor.

Section 1. Any corporation which has or shall be incorporated under the general incorporation laws of this state, authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, re

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