The San Francisco call., 1909-05-31
Recent Legislative Session Best in the History of the State

by men Of teams. wagons. vehicles. implements
or appliances within the provisions Of the
tions giving liens to mechanics. material men.
contractors etc.
PROBATE
Chap. 80: Amends section 149S. code Of civil
procedure, by adding thereto a provision that
when claim Is rejected by eourt exee utor or
administrator the executor or administrstor
must serve the holder with written notice OF
such rejection.
Chap. $50: Adds section 1859. code Of civil
procedure, and provides that the court in an
order for the sale OF real estate. or subsequent
10 sueh order. may authorize executor admin
traitor TO enter into contract with a real estate
agent 10 purchaser. ON commission ana
exempts executor or administrator from personal
liability for the execution n such contract.
Chap. ISL Amends section 2274 civil code
by providing that IL IN a trust there are two or
more trustees, the legal compensation shall be
spportioaed among them according to the serv-
Chap. l52: Amends section 1eIS. code OF ciril
proeeaafs pr reisrlns to commissions for executors.
oy providing that in the event Of more than one.
commissions shall be apportioned between them
II proportion 10 their respective services.
Z Chap- 165- Adds section 1851 (nexl. code or
civil procedure, providing that after issuance or
letters OF guardianship upon the estate of minor.
insane OF incompetent. any relative OF the ward.
guardian or attorney and fling notice Of demand
with the clerk receive special notice oe dlinS OF
petitions for sales. leases or mortgages. fling OF
accounts. applications for removal OF property.
guardian.
Chap. 2oe: Amends section 1774. code Of civil
procedure relating TO sling OF accounts by gusr-
dains, By making il clear that in the matter OF
insane wards that the account to be 6Ied for
person.
Chap sos: Amends section 1877. code Of civil
procedure relating TO the mortgaging leasing
Of real property OF decedeut or minor OF ineou-
petent, by executor, administrator or guardian.
on petition and order OF court, BY including IN
the section the sale OF claims mining claims or
real property worked mines. aud adds section
1850 new. prescribing the procedure 10 be
same
Chap. S2s: Amends section 1879. code OF civil
procedure, relating TO and authorizing executors
and guardians 10 make leases or real estate or
deeedent or ward. BY providing that such execu-
tor, etc. must de the prescribed verified
statement with the court for an order instead
OF may as under the old section and by ex-
tending the lease terms OF 10 years to 90 years
II the lease be for the purpose Of exploiting for
Chap. s6s: Adds section 14s5a Cnewl to the
code OF civil procedure. and prescrfbes the no
tees to be given OF petitions to set aside exempt
property Tor the use OF the family The clerk
is charged with setting the petition for hearing
giving notice Of such hearing by public posting.
notice by mail 10 executor or administrator,
If he be not the petitioner and TO any cO-ad-
mlnlstraror or executor not petitioning. Proof
OF posting and mailing must be made.
Chap 369: Amends section 1855, code OF civil
procedure relating TO setting apart property
exempt from execution for the use OF the family
OY Striking out OF rne section the prov sion that
the court may on its notion set apart
and leaving only the provisions prescribing petit
ton TO set apart.
Chap 370:. Amends section 1899 code os civil
procedure. relating 70 the settlement OF accounts
in trust after distribution. by providing that
the court or Judge shall set the day for hearing
clerk. provided in the original section, and
BY charging the clerk with the duty Of giving
notice only.
Chap. $50: Amends section 1878. code Of civil
procedure. by bringing all OF the estate OF de-
ceased persons within the provisions FOR psrti-
tion and distribution OF real estate. where heirs
deviseeS or legateeS had assigned their share 10
other persons.
Chap. e37: Amends section 1855 civil code.
BY putting homestead selections made from The
separate property OF spouse the same foot
ing with those made from community property.
as regards vesting in the surviving spouse and
exemption from liability.
Chap. 651: Adds section 1880 TO the code Of
civil procedure. providing that after the Issue
OF letters testamentary. or Of administration.
any person interested in the estate either a.
heir. devisee legatee attorney for such per
son, may request and upon such request must
sale. lease or mortgage; ding OF accounts; petit
tions for distribution partition.
Chap 652; Adds section 1Tssa TO the code Of
civil procedure and provides that all proceed
ings for the completion OF contracts for sale
OF real estate by guardians must be made as
required for such sale By executors and admin
istrators
Chap. 654: Amends section 1870 code Of civil
procedure BY allowing the prescribed fees for
IL TO such attorneys. instead OF TO the executors
and administrators for such attorneys.
Chap. 679: Amends section I444 code Of civil
procedure. relating to the appointment OF ap-
praisers and their compensation, by providing
that where IL appears BY affidavit OF the execu
tor administrator that the estate is worth
less than S1.500 the court NAV appoint
appraiser. instead Of three. provided by the
original section
REFEREES-SALES
Chap. 666: Amends section 775 code Of civil
procedure, BY giving the court discretionarv
power TO order and authorize referees to sell
real property at private sale
Chap. 66T. Amends section 7S4. code OF civil
procedure relating 10 sales By referees. By pro
viding that report OF sale shall be fled In the
office Of the clerk in the county where the action
was fled. instead OF In the county where the
property situated and further By provid-
ing that within 10 days any purchaser party
TO the action may move the court 10 confirm
upon showing that 10 per cent more can be OBJ
tanned new sales acceptance Of bid Rt the
discretion OF the court.
SPECIAL VERDICTS
Chap f2t: Amends section sos Of the code cf
civil procedure, BY providing that In case Of
special verdict being inconsistent " ith the gen
eral verdict the former shall control, and the
court must give judgment accordingly The
amendment is designed 10 do away with the
evils Of the called special verdict law.
under which defending counsel IN personal
Jury and damage cases were enabled to avoid
damages by putting double special interrogato-
ries-
Chap 1T4: Amends section 1872 Of the code