The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-12-17

no conveyance III lTduu u lAiS VILE .
rights will be valid. If a husband
makes a gift to his wife Of personal
property such as horses, buggies. pi-
amos, etc., used in common by both,
such claim of ownership shall not be
valid as against the claims Of creditors.
unless the wife has previously filed
statement including the said gift there
in.
An amendment provides that illegiti-
mate children cannot be adopted for
purposes of succession except by judi
cial decree, or when the father has ac-
knowledged such child as his own in
writing before witnesses The amend
nlent is designed to prevent children
from springing up after the death Of
their reputed fathers, and harassing
legitimate heirs to large estates.
The commission has provided an
amendment providing that parents can
not be deprived of the custody of their
children except by a regular action.
That is to say, a regular action must be
brought by the person contesting the
guardianship of the child for it's GUS
tody. AT present the court simply
makes an order ITO that effect. The au
thority of the court is to be limited in
this respect, the amendment giving the
court the sole privilege Of temporarily
awarding the custody of the child only
during the tendency of the proceedings.
A proposed amendment is one reduc-
ing the legal rate Of interest to . per
cent. The present rate is per cent,
and the reduction is proposed in accord
ance with the wishes of the borrowers
in the State rather than those who have
money to loan at legal rates.
An amendment is recommended al
lowing for the redemption within six
months Of property sold under power
of sale or deed of trust or mortgage
to secure the payment of money. 1t is
provided that the redeemer must pay
the amount of the debt with interest at
the rate Of one per cent per month. At
present no provision for the redemption
of property sold under these circum-
stances is made.
In the matter of insurance policies, the
commission propose a law making the
standard Of policies the same in Cali
fornia as that in force in New York
The purpose of this amendment is to
guarantee to the insurer that the condi-
tons Ito which he subscribes are of
standard form. Underline present sys-
tenn, the policies Of the various compa-
MES are worded in different ways. 1t is
also provided by an amendment that
when a policy of insurance enumerates
several articles, it shall be regarded as
insurance uDOn each article.
In relation to corporations, many
amendments are proposed with a view
to harmonic conflicting sections. Pro-
visions are made for filing changes in
articles Of interpretations in the office of
the Secretary of State SO that that office
will have complete data concerning the
corporations doing business under the
laws Of California
In the Code Of Civil Procedure many
amendments have been made. One Of
these provides that all motions for new
trials shall be accompanied by proper
affldavats. Another provides for the
payment of salaries to court reporters
ranging from S175 a month in San
Francisco to $50 In the interior It is
also proposed to reduce the price for
TRANSPORTING shorthand notes to III
cents q folio for the first copy and D
cents for the second copy. The salary
of the reporters shall be paid, one-half
by the county and one-half by the State,
the same as Judges are now being paid.
Another amendment ia designed to
give every one Jury trial in civil cases,
If demanded, and the prevailing party
must pay all fees before judgment Is
finally entered II he or she refuses the
fees must be paid by the county, which
subsequently may be collected by civil
action and returned to the county.
An amendment designed to facilitate
actions to recover possession OF prop
erty for non-payment of rent Is also
recommended. It provides that an
swers must be filed within five days
after service of summons. No demurrer
can be filed except with the answer,
and both must be disposed of by the
court simultaneously. In this connec-
ton the time for filing an appeal from
the final Judgment is reduced from one
year to six months.
An important amendment Is one al
lowing an appeal from an order OF
court appointing receivers. II the ap-
RELIANT furnishes a satisfactory bond,
the receiver may be prevented from en-
tering upon possession OF the property.
It Is provided by another amendment
that no findings Of fact are required to
be incorporated in appeals from the
Justices Court II an appellant fails TO
secure In the higher court a more val
liable Judgment than that appealed
from, he shall be made to defray all
costs Of such appeal.
PERHAPS the most important amend
ment proposed Is one limiting the ices
of attorneys In probate proceedings. AT
present such fees are fixed by the court.
a power that Is often used with dissat-
isfactfon to the heirs. The amend
ment as proposed limits the fees of at
torneys to the amount of commissions
which the executors or administrators
are entitled by law to charge for their
services.
Another amendment provides that
courts may punish for contempt such
persons as refuse to be sworn or tes-
tify before Notaries Public.
The various sections of the Political
Code have also been closely scrutinized
and many amendments recommended.
1t Is designed to tax all corporations
doing business for profit charitable
corporations exempted) as follows:
Corporations having capital stock un-
der 100000 must pay 500 a year to
the State: corporations having a CAPT
1Y~TKTA&