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Of peace officer.

Of sheriff.

Of jurors.

Of district attorney.

Of justices.

When county charges.

Salaried officers
to account
for fees.

Repeal of former act.

When act to take effect.

charge is felony, five dollars; on the trial of an issue, where the charge is a misdemeanor, two dollars; entering judgment, one dollar. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers at the rate of thirty cents for every hundred words.

SEC. 690. A peace officer may receive for making an arrest, two dollars, together with twenty cents for every mile necessarily travelled by him in rendering such service, and in taking a defendant before a court or magistrate, or conveying him to prison; for serving a subpoena fifty cents, together with twenty cents for every mile necessarily travelled by him in rendering such service. The court of sessions may allow such further compensation for the service of process, and for other services in criminal cases, as it may think reasonable.

SEC. 691. The sheriff may also receive for summoning a panel of forty-eight jurors, twenty dollars; for summoning a panel of thirtysix jurors, fifteen dollars; for summoning a panel of twelve jurors, ten dollars; for executing a sentence of death, fifty dollars. Each juror shall receive for each day's attendance, two dollars, to be paid on the certificate of the clerk, which shall be issued during the term.

SEC. 692. The district attorney shall receive on each conviction for felony, when the punishment is death, fifty dollars; on each conviction for other felony, twenty-five dollars; on each conviction for a misdemeanor, fifteen dollars; for collecting money on a forfeited recognizance, ten per cent. on the amount collected.

SEC. 693. The fees allowed to justices of the peace, and other officers having the jurisdiction and authority of justices of the peace,⚫ clerks, peace officers, and district attorneys, shall, when the defendant is convicted, be considered and recovered against him as costs in the suit, and be collected in like manner as costs in civil cases.

SEC. 694. The fees allowed a sheriff for summoning jurors, jurors' fees, and the fees allowed magistrates, peace officers, and clerks, in cases where the defendant is acquitted, or where being convicted he is unable to pay the costs, shall be county charges, and shall be audited and paid in like manner as other charges against the county.

SEC. 695. Whenever any officer, except district attorneys, mentioned in this act, receives a salary, he shall account for and pay over to the treasurer of the city of which he is an officer, all fees collected by him under the provisions of this act.

SEC. 696. The act entitled "An Act to regulate Proceedings in Criminal Cases," passed April twentieth, eighteen hundred and fifty, is hereby repealed, but such repeal shall not affect any action or proceeding had or commenced before this act shall take effect.

SEC. 697. This act shall take effect the first day of July next.

CHAPTER CXXII.

AN ACT concerning Conveyances.-[Passed April 16, 1850.]

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

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

real estate of

SEC. 2. A husband and wife may, by their joint deed, convey the Conveyance of real estate of the wife in like manner as she might do by her separ- married women. ate deed if she were unmarried.

real estate to be

SEC. 3. Every conveyance in writing whereby any real estate is Conveyances of conveyed or may be affected, shall be acknowledged, or proved and acknowledged. certified, in the manner hereinafter provided.

acknowledgment by whom to be

SEC. 4. The proof or acknowledgment of every conveyance affect- Proof or ing any real estate shall be taken by some one of the following offi- of conveyances, cers: 1st. If acknowledged or proved within this state, by some taken. judge or clerk of a court having a seal, or some notary 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 scal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein.

acknowledgment

SEC. 5. Every officer that shall take the proof or acknowledgment Certificate of of any conveyance affecting any real estate, shall grant a certificate to be endorsed. thereof, and cause such certificate to be endorsed or annexed to such conveyance; such certificate shall be: 1st. When granted by any judge or clerk, under the hand of such judge or clerk, and the seal of the court: 2d. When granted by an officer who has a seal of office, under the hand and official seal of such officer.

SEC. 6. No acknowledgment of any conveyance whereby any real Person estate is conveyed or may be affected, shall be taken, unless the per- deed must be

acknowledging

son offering to make such acknowledgment shall be personally known to the officer taking the same, to be the person whose name is subscribed such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

SEC. 7. The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate, to be the person whose name is subscribed to the conveyance 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.

on this

"

SEC. 8. Such certificate shall be substantially in the following form, to wit: "State of California, county of day of, A. D. personally appeared before me, a notary public (or judge, or officer, as the case may be) in and for the 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."

SEC. 9. When the grantor is unknown to the court or officer taking grantor unknown the acknowledgment, the certificate may be in the following form, to

Form of certificate, if

to officer.

9

""

wit: "State of California, county of
on this
day of
A. D.
personally appeared before me, a notary pub-
lic (or judge, or officer, as the case may be) in and for the 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 compe-
tent 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."

SEC. 10. The proof of the execution of any conveyance whereby any real estate is conveyed or may be affected, shall be, 1st, by the testimony of a subscribing witness, or 2d, 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.

personally known to officer, or his identity proved.

Certificatewhat to state.

Form of certificate.

Proof of execution of deed.

Proof by subscribing witness.

No certificate to be granted until proof of execution.

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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.

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.

proof-what to set forth.

SEC. 13. The certificate of such pr shall set forth the following Certificate of matters: 1st. 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. 2d. The proof given by such witness of the execution of such conveyance, and of the facts, that the whose name is subscribed in such conveyance, as a party person thereto is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof.

evidence of

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

thereof.

SEC. 15. No certificate of any such proof shall be granted, unless Certificate which may be granted a competent and credible witness shall state on oath, or affirmation, on such proof. 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.

ized to take

may subpoena

as to execution.

SEC. 16. Upon the application of any grantee in any conveyance Officer authorrequired by this act to be recorded, or by any person claiming under acknowledgment such grantee, verified under the oath of the applicant, that any wit- witness to testify ness 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 subpoena requiring such witness to appear before such officer and testify touching the execution thereof.

ing to obey sub

SEC. 17. Every person who being served with a subpoena shall, Penalty for refuswithout reasonable cause, refuse or neglect to appear, or appearing, poena or to testify shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured in the sum of one hundred 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 When not bound 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.

to obey subpoena.

SEC. 18. A certificate of the acknowledgment of any conveyance, or of the proof of the execution thereof, as provided in this act, signed by the officer taking the 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.

SEC. 19. A married woman may convey any of her real estate by any conveyance thereof, executed and acknowledged by herself and her husband, and certified in the manner hereinafter provided, by the proper officer taking the acknowledgment.

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

Certificate of acknowledgment, etc., to entitle deed to be recorded.

Married woman may convey real estate.

What covenants to be binding on such married woman.

Acknowledgment
of married
woman may
be taken.

conveyance.

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

Acknowledgment not to be taken unless married woman personally

SEC. 22. No such acknowledgment shall be taken, unless such married woman shall be personally known to the officer taking the same, known to officer, to be the person whose name is subscribed to such conveyance as a

nor until she is

informed of con- party thereto, or shall be proved to be such by a credible witness :

tents of deeds and examined apart from husband.

nor, unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge on an 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.

Form of certifi cate.

SEC. 23. The certificate shall be in the form heretofore given, and shall set forth that such married woman was personally known to the officer granting the 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 hear

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