The record-union., 1897-05-01

property held in trust shall be sold sep
arately from any that may be held in
fee. The Commissioner shall make a re-
port of sale to the court, which, after
such notice as it may deem proper, shall
proceed to hear the same, and if it finds
that the sale was fairly conducted, and
the price bid was proportionate to the
value of the land sold, it shall make and
enter decree confirming the sale, and
directing the Commissioner to execute
deed to the purchaser The deed exc
cuted by said Commissioner, under and
in pursuance of the decree of the court.
shall be valid an deffectual to convey
TO the purchaser an absolute title in fee
simple to the premises; provided,
however, that before the filing of any
such complaint in the Superior or any
other court, it shall be necessary for
such agricultural society, or any per-
son or corporation claiming the title to
such land, to prepare, sign, and properly
acknowledge a good and sufficient deed or
deeds sufficient to vest in the State all
title, interest, or claim which such So
clety may have in and to any land to
be affected by the proceedings hereby
authorized to be instituted; such deed
or deeds to be conditioned that the title,
claim, or interest of such society en-
braced in such deed or deeds shall be
held by the tSate of California in trust
Tor the benefit of such society; which
said deed or deeds shall be deposited
with the State Treasurer, to be by him
held IN escrow pending the final conclu-
sion of such proceedings in such court.
II the court in which such proceedings
are had shall order such land to be sold,
as herein provided for the State Treas
urer shall forthwith file such deed or
deeds with the County Recorder of the
county, or city and county, in which such
land is located. If. there be any liens
upon or claims against the property the
court shall order them paid out of the
proceeds of sale The residue remaining
after paying the costs and expenses of
sale and such liens and claims against
the property as the court may order paid
shall be paid into the State Treasury,
where it shall remain until required for
the purchase of other property for the
use of such society or association, upon
the order of the State Controller and it
shall be drawn therefrom only upon
authorization passed by the Board of
Directors or trustees of such society or
association, by and with the approval
Of the State Board of Examiners, and
upon warrants duly drawn by the State
Controller. If, through any defect in
the proceedings, or otherwise, the title
should not pass, the State will indemnify
the purchaser by repaying to him the
amount paid by him; provided such pur-
chaser or purchasers shall file their
claim or claims for the repayment of
such purchase price with the State
Board of Examiners within five years
after thepayment of such purchase price
to the State Treasurer in the first in
stance. The surplus of proceeds of sale,
paid into the State treasury, shall be
drawn out on certificate signed by ma
Jority of the directors, or governing body
of such society or association. and also
of the State Board of Examiners, stat
ing that it is desired for the payment for
other property for the use of such agri-
cultural society; and upon receipt Of
such certificate the Treasurer shall pay
to the said directors, or governing body,
or person designated by them, such
part of such surplus as may be required
for the purchase of other property. It
is expressly provided that in no event
shall the State be liable for the payment
of any expense, interest, or attorneys
fees, incurred by any one, on any ac-
count, by or on behalf Of any such agri-
cultural society in their behalf; and it
shall be incumbent on such society to
make provision for the payment of the
expenses, costs, attorneys fees, and any
interest that may be necessary to be
paid any purchaser, by reason of re-
payment of any purchase money on ac-
count of failure of title to such lands:
such provision for the payment of ex-
penses, attorneys fees, costs and anti
clpated interest to be provided for prior
to the issue of any summons, or order of
publication in any action contemplated
by this Act.
COLLATERAL INHERITANCE TAX.
Section l of an Act entitled AN Act
to establish tax on collateral inherit
ances, requests and devises, to provide
for its collection, and to direct the dis
position of the proceeds approved
March y, 1888, was amended by the
Legislature so as to read as follows:
Section /. After the passage of this
Act, all property which shall pass, by
will or by the intestate laws of this
State, from any person who may die
siezed or possessed of the same while
resident of this Statet, or if such
decedent was not resident of this
State al the time of death, which prop
erty, or any part thereof, shall be with
in this State, or any interest therein or
income tEerefrom. which shall be
p acta Ie.-1
made in contemplation of the death of
/ the grantor or bargainor. or intended
to take effect in possession or enjoy
ment after such death, to any person
! or persons, or to any body polite or
corporate. in trust or otherwise. or by
reason whereof any person or body po-
little or corporate shall become bene-
ficially entitled, in possession or expect
ancy, to any property, or to the income
thereof, other than to or for the use of
his or her father, mother, husband
wife, lawful issue, brother, sister, and
niece or nephew when a resident of this
State. the wife or widow of a son. or
the husband of daughter or any child
or children adopted as such in conform
ity with the laws of the State of Cali
/ fornia, and any lineal descendant Of
/ such decedent born in lawful wedIock.
or the societies, corporations and insti-
tutions now exempted by law from tax
alton, or to any public corporation. or
! TO any society, corporation, institution.
or association of persons engaged in or
| devoted to any charitable, benevolent,
educational, public, or other like work
| (pecuniary profit not being it's object or
purpose) or to any person, society. cor