The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-04-30


life insurance, and pension fund in the
several counties cities and counties and
cities and towns in the State. The Act,
being of general Importance to all po-
lice officials in the State, it is given in
full as follows:
POLICE RELIEF FUND.
Section 3. Whenever any person al
the taking effect of this Act, or there
after shall have been duly appointed or
selected, and sworn, and have served
for twenty years, or more, in the ag-
gregate, as a member, in any capacity
or any rank whatever, of the regularly
constituted police department OF any
such county, city and county, city, Oh
town which may hereafter be subJecl
to the provisions of this Act SAID boaro
may, if it see fit, order and direct lha'
such person after becoming gu years
of age be retired from further service
in such police department, ano
from the date of the making of such
order the service of such person IN
such police department shall cease, ano
sucb nerson so retired shall thereafter
during his lifetime, be paid from such
fund a yearly pension equal to one-half
the rank which he may have held IN
said police department for the period
of one year next preceding the date
of such retirement.
Section 2. Section 4 of said Act Is
hereby amended SO as to read as foi-
lows:
Section 4. Whenever any person.
while serving as a policeman III any
such county, city and county, city, Oh
town, shall become physically dlsapleu
by reason of any bodily injury received
in the immediate or direct perform
ance or discharge of his duty as such
policeman. said board may, upon MS
written request or without such re-
quest, if it deem it to be for the goou
of said police force, retire such per
son from said department, and ordei
and direct that he shall be pald from
said fund, during his lifetime yearly
Dension equal to one-half OF the amount
of salary attached to the rank winch
he may have held on such police force
at the date of such retirement, pul Oh
the death of such pensioner his helrs
or assigns shall have no claim against
or upon such police relief or pension
fund: provided, that whenever sucn
disability shall cease such pension shaH
cease and such person shall be re-
stored to active service at the same
salary he received at the time OF MS
retirement.
SETTING ASIDE JUDGMENT.
Two new sections were added to the
Code of Civil Procedure, providing 1or
the setting aside of a judgment or a
Sunerior Court and the rendition or a
new Judgment without a new trial. d.
follows:
Section 663. A judgment or decree oil
n sunerior Court, when based upon
findings of fact made by the court, OF
the special verdict of a jury may, up
on motion of the party aggrieved, De
set aside and vacated by the same
court and another and different Judg-
ment entered, for either or the IoIlo"
ing causes. materially affecting the SUD-
stantial rights of such party ana en-
fitting him to a different judgment:
/. Incorrect or erroneous conclusions
of law not consistent with or not sup
ported by the findings of fact; ana IN
such case when the judgment IS SCI
aside. the conclusions OF law shah De
amended and corrected.
Judgment or decree not consist
emf with or not supported by the spe-
cial verdict.
Section $685.. The party intending 10
make the motion mentioned in the las'
section must. within ten days after no.
+ica of the rendition of judgment OF
decree serve upon the adverse party
and file with the Clerk OF the couf'
a notice of his intention, designating
the grounds upon which the motion
viii be made and specifying the par
4icuIars in which the conclusions OF law
are not consistent with the hndlnsS VI
facts or in which the judgment or de-
cree is not consistent with the special
verdict. The said party must WITHIN
sixty DAYS after giving such notice u
intention make the motion to the court
after giving due notice OF the Tune u
making such motion TO the ADVERSE
marty: but the hearing or conslderdtloA
oF such motion may be further contln-
ued by the court. >-r-,,x,
DISTRIBUTION OF COMMUNITY
PROPERTY.
Section 1923 of the Code OF civil fro-
cedure relating to the disposition oi
life estates or homestead or comm UNITY
,,roner+v on owners death in certain
cases. was amended to read as 1oiloWs:
1723. If any person has died or shall
hereafter die who at the time or ms
death was the owner of life estate
which terminates by reason OF the
death Of such person, or if such person
at the time of his death was one OF
the spouses owning and occupying
lands as a homestead, which lands by
reason of the death of such person
vests in the surviving spouse; or II
such person was a married woman who
at time of her death was the owner OF
community property which passed up
on her death to the surviving husband
any person interested in the property
or in the title thereto. in which such
estate or interests were held, may file
in the Superior Court of the county il
which the property is situated. his veri-
fed petition setting forth such facts
and thereupon and after such notice
by publication or otherwise, as the
court may order. the court shall hear
such petition and the evidence offered
in support thereof. and if upon sucf
hearing it shall appear that such lif,
estate of such deceased person abso
lutely terminated by reason of hi:
death, or such homestead or community
property vested in the survivor of suci
marriage, the court shall make a de
cree to that effect, and thereupon a GER
titled copy of such decree may be re
corded in the office of the County Re
corder, and thereafter shall have tn,
same effect as a final decree of distribu
ton so recorded.
RECOVERY OF COMMUNITY PROP