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An Act authorizing suits against the state concerning certain real property and regulating the procedure therein.

[Approved March 20, 1909; Stats. 1909, p. 605.]

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Suit against state to quiet title in certain cases.

Section 1. In all cases where the state of California has sold any land or lands to any person or persons and the deed or patent from the state of California therefor has been lost or destroyed and was never recorded in the office of any county recorder in the state of California, the person or persons claiming or deraigning title to any of such lands through any such lost or destroyed deed or patent is and are hereby authorized to bring suit against the state of California in any court of competent jurisdiction of said state to quiet title to said land or any portion thereof, and to prosecute the same to final judgment. The rules of practice in civil cases relating to suits to quiet title shall apply to such suits as may be brought under this authorization except as otherwise provided. If judgment be given against the state in any such suit, no costs can be recovered from the state thereunder and before any judgment can be given against the state hereunder it must be made to appear to the court affirmatively that such deed or patent has been duly issued by the state.

Must be commenced when.

Sec. 2. Any such suits to quiet title shall be commenced within one year after this act takes effect.

Summons, service on whom.

Sec. 3. Service of summons in such suits shall be made on the governor, surveyor-general and attorney-general. It shall be the duty of the attorney-general to defend all such suits.

Sec. 4. This act shall take effect immediately.

An Act to authorize Robert C. Ball to sue the state of California. [Approved March 24, 1891; Stats. 1891, p. 194.]

The nature of the act sufficiently appears from its title.

An Act to enable the Coulterville and Yosemite Turnpike Company, a corporation, to sue the state of California for the loss and damage suffered and sustained by said corporation, by the construction of a road by the Yosemite Turnpike Road Company, under and by virtue of an act of the legislature of the state of California entitled "An Act granting the right of way to the Yosemite Turnpike Road Company over the Yosemite Grant," approved February 17, 1874, and for the relief of said Coulterville and Yosemite Turnpike Company.

[Approved March 31, 1891; Stats. 1891, p. 275.] The nature of the act sufficiently appears from its title.

An Act to authorize suits against the state concerning certain real property, and regulating the procedure therein.

[Approved March 8, 1901; Stats. 1901, p. 111.]

This act allowed the claimants of real property applied for by and sold to one Estell as part of the five-hundred-thousand-acre grant to sue the state to quiet title.

An Act authorizing suits against the state on claims or demands arising under an act of the legislature entitled "An Act fixing a bounty on coyote scalps," approved March 31, 1891, and regulating the procedure therein.

[Approved March 23, 1901; Stats. 1901, p. 646.]

The purpose of the act sufficiently appears from its title.

STATUTE OF LIMITATIONS.

An Act respecting the limitation of actions. [Approved March 11, 1872; Stats. 1871-72, p. 319.]

Bankers' certificates of deposit.

Section 1. Where bankers' certificates of deposit have heretofore been given to any party since deceased and not found until after administration of his or her estate, an action may be maintained thereon by the heirs or legal representatives at any time within six months after such finding.

Sec. 2. This act shall take effect from and after its passage.

Act superseded: Code Civ. Proc., § 348.

An Act supplementary to an act entitled An Act defining the time for commencing civil actions, passed April twenty-second, eighteen hundred and fifty.

[Approved March 16, 1872; Stats. 1871-72, p. 401.]

No limitation to action for money deposited with bankers.

Section 1. There shall be no limitation upon the right to maintain an action for the recovery of money or other property deposited with any bank, banker, trust company, or savings and loan society.

Conflicting acts repealed.

Sec. 2. All acts and parts of acts in conflict herewith, so far as the same are in conflict, are hereby repealed.

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

Codified and superseded: Code Civ. Proc., § 348.

SUPREME COURT COMMISSION.

Creation and abolition of: See ante, tit. "Courts."

INDEX.

(871)

INDEX.

A

ABANDONMENT.

Action, of, nonsuit, § 581.

Contractor, by, mechanic's lien, § 1200.

ABATEMENT.

Action not abated by death, disability, or transfer when, § 385.

Alienation or termination of title pending action, effect of, §§ 740, 747.

Continuance of action against successor or representative, § 385.

Nuisance, of, § 731.

Pleas in, 430.

Successive actions, right to maintain, § 1047.

Termination of plaintiff's title pending suit, verdict and judgment in case of, § 740.

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Evidence, of, motion to postpone trial, § 595.

Executor, from state, § 1354.

Judge, of, proceedings in case of, § 139.

Judge, of, settlement of bill or statement, § 653.

Justice of peace, of, reassignment and transfer of action, § 90.

Order in absence of party deemed excepted to, § 647.

Presiding justice of peace, substitute, § 85.

Publication of summons in case of, §§ 412, 413.

State, from, running of statute, § 351.

Superior judge, of, authority of court commissioner, § 259.

Superior judge, of, holding court by another, § 160.

Trial in absence of party, § 594.

Waiver of jury by, § 631.

Witness, of, deposition may be taken, § 2020.

Witness, of, postponement of trial for, § 595.

ABSENTEE. See Absence.

Agent for, in distribution, §§ 1691-1695.

Estates of missing persons. See Missing Persons.
Publication of summons, §§ 412, 413.

ABSTRACT COMPANIES.

Condemnation of property of, § 1238.

ABSTRACT OF JUDGMENT.

In justice's court, § 897.

Justice's, filing, in superior court, § 898.

ABSTRACT OF TITLE.

Admissibility of, where records burnt, § 1855a.
In partition, §§ 799, 800.

In partition, cost of, allowed when, § 799.

(873)

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