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jury shall render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another by criminal means, who is guilty thereof.

reduced to writ

SEC. 10. The testimony of the witnesses examined before the Coro- Testimony to be ner's jury shall be reduced to writing by the Coroner, or under his ing and filed. direction, and shall be forthwith filed by him, with the inquisition, in the office of the Clerk of the District Court of the county.

be delivered to

SEC. 11. If, however, the person charged with the commission of Inquisition may the offence be arrested before the inquisition can be filed, the Coroner magistrate. shall deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statement taken before him, to the office of the Clerk of the District Court of the county.

issue warrant to found guilty of

SEC. 12. If the jury find that the person was killed by another, Coroner may under circumstances not excusable or justifiable by law, or that his arrest party death was occasioned by the act of another by criminal means, and offence. the party committing the act be ascertained by the inquisition, and be not in custody, the Coroner shall issue a warrant, signed by him, with his name of office, into one or more counties as may be necessary for the arrest of the person charged.

SEC. 13. The Coroner's warrant shall be in substantially the fol- Form of warrant. lowing form: "County of The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this state: An inquisition having been this day found by a Coroner's jury before me, stating that A. B. has come to his death by the act of C. D. by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above named C. D. and take him before the nearest or most accessible magistrate in this county. Given under my hand this day of

D., 18 E. F. Coroner of the county of

99

warrant.

SEC. 14. The Coroner's warrant may be served in any county, and Service of the officers serving it shall proceed thereon in all respects, as upon a warrant of arrest on an information before a magistrate, except that when served in another county, it need not be endorsed by a magistrate of that county.

money or

SEC. 15. The Coroner must, within thirty days after an inquest Disposition of upon a dead body, deliver to the County Treasurer any money or property of other property which may be found upon the body, unless claimed in the mean time by the legal representatives of the deceased. If he fail

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Property to be sold and proceeds

placed to credit place it to the credit of the county. If it be other property, he shall,

of county.

within thirty days, sell it at public auction, upon reasonable public notice, and shall, in like manner, place the proceeds to the credit of the county.

Claims by representatives of deceased.

Auditing accounts of coroner.

Fees of coroner.

to do so, the Treasurer may proceed against the Coroner, to recover

the same, by a civil action in the name of the county.

SEC. 16. Upon the delivery of money to the Treasurer, he shall

Fees of Justice acting as coroner.

SEC. 19. If the office of Coroner be vacant, or he be absent, or perform duties of unable to attend, the duties of his office may be performed by any

Justice of the
Peace may

coroner in certain

cases.

Justice of the Peace of the county, with the like authority, and subject to the same obligations and penalties as the Coroner.

SEC. 20. In the counties of San Diego, Los Angeles, Santa Barbara, San Luis Obispo, Sonoma, Santa Clara, Monterey, a Coroner shall receive five dollars for each inquest he may hold, and twenty cents for each mile necessarily travelled to hold an inquest. In all other counties of the state a coroner shall receive ten dollars for each inquest he may hold, and twenty-five cents for each mile necessarily travelled to hold an inquest. Coroners' fees shall be county charges. (1) (2)

SEC. 21. A Justice of the Peace, acting as Coroner, shall be entitled to the same fees, payable in the same manner.

SEC. 22. When an inquest shall be held by the Coroner, and no person shall offer to take charge of the body of the deceased, it shall be his duty to cause said body to be decently interred, and in case that there shall not be sufficient property belonging to the estate of the deceased, to pay the necessary expenses of the said burial, said

Duty in case of deceased persons.

SEC. 17. If the money in the treasury be demanded within six years by the legal representatives of the deceased, the Treasurer shall pay it to them, after deducting the fees and expenses of the Coroner and of the county in relation to the matter, or the same may be so paid at any time thereafter, upon the order of the Court of Sessions of the county.

SEC. 18. Before auditing and allowing the account of the Coroner, the Court of Sessions shall require from him a statement in writing, of any money or other property found upon persons on whom inquests have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the deceased, or to the County Treasurer.

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expenses shall be a legal charge upon his county. The Coroner shall Compensation be entitled to receive the sum of two dollars out of his County Treasury, for attending to the burial of such dead body. (1)

CHAPTER XLVII.

AN ACT concerning Fraudulent Conveyances and Contracts.— [Passed April 19, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

CHAPTER I.

OF FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO LAND.

void as against

chasers for value,

SECTION 1. Every conveyance of any estate, or interest in lands, or Fraudulent deeds the rents and profits of lands, and every charge upon lands, or the subsequent purrents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void.

having legal

grantee privy

SEC. 2. No such conveyance or charge shall be deemed fraudulent Except those in favor of a subsequent purchaser, who shall have legal notice notice, unless thereof at the time of his purchase, unless it shall appear that the to fraud. grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.

ver of

as against subsefor value.

SEC. 3. Every conveyance or charge of or upon any estate or inte- Deed, with rest in lands, containing any provision for the revocation, determina- revocation, void tion, or alteration of such estate, or interest, or any part thereof, at quent purchasers the will of the grantor, shall be void as against subsequent purchasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked, or determined, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge.

power of revoca

SEC. 4. When a power to revoke a conveyance of lands, or the Persons to whom rents and profits thereof, and to reconvey the same, shall be given to tion and reconany person other than the grantor in such conveyance, and such not being the person shall thereafter convey the same lands, rents, or profits, to a make a valid purchaser for a valuable consideration, such subsequent conveyance reconveyance.

(1) Additional section from Stat. 1852, page 167.

shall be valid in the same manner, and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared.

Conveyance under either of last sections to take effect from

SEC. 5. If a conveyance to a purchaser, under either of the two last preceding sections, shall be made before the person making the vesting of power same shall be entitled to execute his power of revocation, it shall

of revocation.

nevertheless be valid from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made.

SEC. 6. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.

Last section not to apply to wills,

SEC. 7. The preceding section shall not be construed to affect in

nor extinguish any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.

ment of trusts by

No interest in lands, except leases for one year, to pass otherwise than by deed.

Contracts for leases for more

SEC. 8. Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be

than one year,
or for sale of any

interest in land, void, unless the contract, or some note or memorandum thereof ex

void if not in writing.

pressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.

Instruments may

SEC. 9. Every instrument required to be subscribed by any person, be subscribed by under the last preceding section, may be subscribed by the agent of

party or agent.

such party, lawfully authorized.

Not applicable to SEC. 10. Nothing contained in this chapter shall be construed to abridge the powers of courts to compel the specific performance of agreements, in cases of part performance of such agreements.

cases of part performance.

Certain agreements void unless in writing and signed.

CHAPTER II.

OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TO GOODS,
CHATTELS, AND THINGS IN ACTION.

Assignment of goods and chat

SECTION. 11. All deeds of gift, all conveyances, and all transfers or tels in trust for assignments, verbal or written, of goods, chattels, or things in action,

assignor void as

against creditors. made in trust for the use of the person making the same, shall be

void as against the creditors existing or subsequent of such person.

SEC. 12. In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing

the consideration, be in writing, and subscribed by the party charged therewith: 1. Every agreement that by the terms is not to be performed within one year from the making thereof: 2. Every special promise to answer for the debt, default, or miscarriage of another: 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry.

contract for sale

the value of $200

or more.

SEC. 13. Every contract for the sale of any goods, chattels, or Requisites of things in action, for the price of two hundred dollars or over, shall of goods, etc., to be void, unless, 1st, a note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; or, 2d, unless the buyer shall accept or receive part of such goods, or the evidences, or some of them, of such things in action; or, 3d, unless the buyer shall at the time pay some part of the purchase money.

SEC. 14. Whenever any goods shall be sold at auction, and the Sales by auction. auctioneer shall, at the time of sale, enter in a sale book, a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made; such memorandum shall be deem- Note of contract ed a note of the contract of sale within the meaning of the last section.

of sale defined.

without change

evidence of fraud.

SEC. 15. Every sale made by a vender of goods and chattels in his Sale of goods possession, or under his control, and every assignment of goods and of possession chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of things sold or assigned, shall be conclusive evidence of fraud as against the creditors of the vender, or the creditors of the person making such assignment, or subsequent purchasers in good faith.

itors" defined.

SEC. 16. The term "creditors," as used in the last section, shall The term "cred be construed to include all persons who shall be creditors of the vender or assignor, at any time while such goods and chattels shall remain in his possession, or under his control.

sonal property

SEC. 17. No mortgage of personal property hereafter made shall Mortgage of perbe valid against any other persons than the parties thereto, unless not valid as possession of the mortgaged property be delivered to and retained by party unless the mortgagee.

against third

mortgagee in possession.

sections not to

cases.

SEC. 18. Nothing contained in the three last sections shall be con- Three preceding strued to apply to contracts of bottomry, respondentia, nor assign- apply to certain ments or hypothecations of vessels or goods, at sea, or in foreign states, or without this state: Provided, the assignee or mortgagee Proviso. shall take possession of such vessel or goods as soon as may be after the arrival thereof within this state.

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