ascertained, as all damages which may be sustained by the defendant, if for any cause the property shall not be finally taken for public use. 1255. Costs may be allowed or not, and if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the Court. practice. 1256. Except as otherwise provided in this Title, Rules of the provisions of Part II of this Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title. and appeals. 1257. The provisions of Part II of this Code rela- Now trials tive to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title. 1258. With relation to the Acts passed at the present session of the Legislature, this Title must be construed in the same manner as if this Code had been passed on the last day of this session, and from and after the time this Code takes effect, all laws of this State in relation to the taking of private property for public uses are abolished, and all proceedings had in the exercise of the powers of eminent domain must conform to the provisions of this Title. When Title takes effect and con struction of. takes effect. 1259. Title VII of Part III of THE CODE OF CIVIL When Title PROCEDURE of the State of California (this Title) shall be in force and effect from and after the fourth day of April, one thousand eight hundred and seventy-two. NOTE. This section was added by Act of April 1, 1872. tion. 1260. From and after the time this Title takes Construceffect, it must be construed in the same manner as it would be were Sections 4 and 17 of this Code in force and effect. NOTE. This section was added by Act of April 1, Pending proceedings 1261. No proceeding to enforce the right of emi not affected nent domain commenced before this Title takes effect, Rules of practice. Exceptions. is affected by the provisions of this Title. NOTE. This section was added by Act of April 1, 1872. 1262. Until the first day of January, one thousand eight hundred and seventy-three, at twelve o'clock noon, the provisions of Sections 1256 and 1257 of this Title are suspended, and until then, except as otherwise provided in this Title, the rules of pleading and practice in civil actions now in force in this State are applicable to the proceedings mentioned in this Title, and constitute the rules of pleading and practice therein. NOTE. This section was added by Act of April 1, 1872. 1263. Nothing in this Code must be construed to abrogate or repeal any statute providing for the taking of property in any city or town for street purposes. NOTE. This section was added by Act of April 1, 1872. Manner of commenc ing proceedings relative to escheated estates. TITLE VIII. OF ESCHEATED ESTATES. SECTION 1269. Manner of commencing proceedings relative to es cheated estates. 1270. Receiver of rents and profits may be appointed. 1271. Appearance, pleadings, and trial. 1272. Proceedings by persons claiming escheated estates. 1269. When the Attorney General is informed that any real estate has escheated to this State, he must file an information in behalf of the State, in the District Court of the Judicial District in which such estate, or any part thereof, is situated, setting forth a description of the estate, the name of the person last seized, the name of the occupant and person claiming such estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have escheated, with an allegation that, by reason thereof, the State of California has right by law to such estate. Upon such information, a summons must issue to such person, requiring him to appear and answer the information within the time allowed by law in civil actions; and the Court must make an order, setting forth briefly the contents of the information, and requiring all persons interested in the estate to appear and show cause, if any they have, within forty days from the date of the order, why the same should not vest in this State; which order must be published at least one month from the date thereof, in a newspaper published in the district, if one be published therein, and in case no newspaper is published in the district, in some other newspaper in this State. Receiver of rents and profits may be 1270. The Court, upon the information being filed and upon the application of the Attorney General, either before or after answer, upon notice to the party appointed. claiming such estate, if known, may, upon sufficient cause therefor being shown, appoint a receiver to take charge and receive the rents and profits of the same until the title to such real estate is finally settled. ance, and trial. 1271. All persons named in the information may Appearappear and answer, and may traverse or deny the facts pleadings, stated in the information, the title of the State to lands and tenements therein mentioned, at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant, and by motion for that purpose, in open Court, within the time allowed for answering; and if no person appears and answers within the time, then judgment must be rendered that the State be Proceedings by persons claiming escheated estates. seized of the lands and tenements in such information claimed. But if any person appear and deny the title set up by the State, or traverse any material fact set forth in the information, the issue of fact must be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted, that the State has good title to the land and tenements in the information mentioned, or any part thereof, judgment must be rendered that the State be seized thereof, and recover costs of suit against the defendants. 1272. Within twenty years after judgment in any proceeding had under this Title, a person not a party or privy to such proceeding may file a petition in the District Court of the County of Sacramento, showing his claim or right to the property, or the proceeds thereof. A copy of such petition must be served on the Attorney General at least twenty days before the hearing of the petition, who must answer the same; and the Court thereupon must try the issue as issues are tried in civil actions, and if it be determined that such person is entitled to the property, or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him, or if it has been sold and the proceeds paid into the State Treasury, then it must order the Controller to draw his warrant on the Treasury for the payment of the same, but without interest or cost to the State, a copy of which order, under the seal of the Court, shall be a sufficient voucher for drawing such warrant. All persons who fail to appear and file their petitions within the time limited, are forever barred, saving, however, to infants, married women, and persons of unsound mind, or persons beyond the limits of the United States, the right to appear and file their petitions at any time within five years after their respective disabilities cease. TITLE IX. OF CHANGE OF NAMES. SECTION 1275. Jurisdiction. 1276. Application for change of name, how made. 1278. Hearing of application and remonstrance. tion. 1275. Applications for change of names must be Jurisdicheard and determined by the County Courts. tion for change of name, how made. 1276. All applications for change of names must Applicabe made to the County Court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under twenty-one years of age, if a male, and under the age of eighteen years, if a female, by one of the parents, if living; or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and the reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. 1277. A copy of such petition must be published for four successive weeks, in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county, a copy of such petition must be posted at three of the most public places in the county for a like period, and proofs must be made of such publication before the petition. can be considered. 1278. Such application must be heard at such time during term as the Court may appoint, and objec Publica tion of petition for. Hearing of and remo application strance. |