benefit of husband. 3569. SEC. 7. When any sale shall be made by the wife of any of her separate Sales of wife's property, for the benefit of her husband, or when he shall have used the proceeds of property for such sale with her consent in writing, it shall be deemed a gift, and neither she nor those claiming under her shall have any right to recover the same. 3570. SEC. 8. If the wife has just cause to apprehend that her husband has mis- Trustees to manage property managed or wasted, or will mismanage or waste, her separate property, she, or any of wife. other person in her behalf, may apply to the district court for the appointment of a trustee, to take charge of and manage her separate estate: such trustee may, for good cause shown, be from time to time removed by the court, and another appointed in his place. Before entering upon the discharge of his trust, he shall execute a bond, with sufficient surety or sureties, to be approved by the court, for the proper performance of his duties. In case of the appointment of a trustee for the wife, he shall account for and pay over to the husband and wife, or either of them, the income and profits of the wife's estate, in such manner and proportion as the court may direct. 71. 12 Cal. 217. 14 823. 18 Cal. 837. 3571. SEC. 9. The husband shall have the entire management and control of the Power of husband over comcommon property, with the like absolute power of disposition, as of his own separate mon property. estate; and the rents and profits of the separate estate of either husband or wife shall 5 Cal. 25 11 Cal. be deemed common property; unless in the case of the separate property of the wife, Cal. 658. 15 Cal. it shall be provided by the terms of the instrument whereby such property may have Income of been bequeathed, devised or given to her, that the rents and profits thereof shall be separate property. applied to her sole and separate use; in which case the entire management and dis- Wife to have posal of the rents and profits of such property shall belong to the wife, and shall not bequeathed be liable for the debts of the husband.(") [Amendment, approved May 12, 1853, 165. property. 3572. SEC. 10. No estate shall be allowed to the husband as tenant by courtesy Courtesy and upon the decease of his wife, nor any estate in dower be allotted to the wife upon the allowed. decease of her husband. entire control of dower not of death. 10 Cal. 519. 18 Cal. 458. 3573. SEC. 11. Upon the dissolution of the community by the death of the wife, Distribution of the entire common property shall, without administration, go to the surviving hus- property in case band. Upon the dissolution of the community by the death of the husband, one-half 8 Cal 812 of the common property shall go to the surviving wife, and the other half shall be 12 Cal. 124. subject to the testamentary disposition of the husband, and in absence of such dispo- 17 Cal. 525. sition, shall go to his descendants, equally, if such descendants are in the same degree 18 Cal. 291. of kindred to the intestate, otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, shall be subject to distribution in the same manner as the separate property of the husband; provided, that Proviso, in case of the dissolution of the community by the death of the husband, the entire common property shall be equally subject to his debts, the family allowance, and the charges and expenses of administration.() [Amendment, approved April 4, 1864; 1863-4, 363; took effect from passage. 3574. SEO. 12. In case of the dissolution of the marriage by decree of any court of Disposition of common 10 Cal. 224. competent jurisdiction, the common property shall be equally divided between the property on parties, and the court granting the decree shall make such order for the division of divorce. the common property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require; provided, that when such decree of divorce is Proviso. rendered on the ground of adultery, or extreme cruelty, the party found guilty thereof, 11 Cal. 163. shall only be entitled to such portion of the common property as the court granting 11 Cal. 200 the decree may in its discretion, from the facts of the case, deem just, and allow, and 22 Cal. 655. such allowance shall be subject to revision on appeal, in all respects including the exercise of discretion by the court below.() [Amendment, approved April 14, 1857, 199. 3575. SEC. 13. The separate property of the husband shall not be liable for the debts of the wife contracted before the marriage, but the separate property of the wife shall be and continue liable for all such debts. 3576. SEC. 14. In every marriage hereafter contracted in this State, the rights of (4) The original section was substantially the same as the amendment, without the last clause, commencing with the words "unless in the case of the separate property of the wife." (*) Original section: SEO. 11. Upon the dissolution of the community by the death of either husband or wife, one-half of the common property shall go to the survivor, and the other half to the descendants of the deceased husband or wife, subject to the payment of the debts of the deceased. If there be no descendants of the deceased husband or wife, the whole shall go to the survivor, subject to such payment. It was previously amended by act approved May 8, 1861, 310, so as to read as follows: 22 Cal. 633. Debts of wife contracted before marriage. 15 Cal. 308 16 Cal. 69. 'SEC. 11. Upon the dissolution of the community by the death of the husband, one-half of the common property shall go to the surviving wife and the other half to the descendants of the deceased husband, the whole being subject to the payment of his debts; upon the dissolution of the community by the death of the wife, the entire common property shall go to the surviving husband. In case of the death of the husband, if there be no descendants of the husband, one-half of the common property may be subject to his testamentary disposition, and, in the absence of any such disposition, shall be subject to distributionin the same manner as the separate property of the husband (c) The amendment consists in adding the proviso to the original section. Act to govern marriages in this State, unless marriage contracts. Prior and foreign Marriage contracts, how executed. Record. Deposit for record notice to third parties. Not notice unless deposited. Marriage contract by minor. Proviso. Alterations. Marriage con husband and wife shall be governed by this act, unless there is a marriage contract containing stipulations contrary thereto. 3577. SEC. 15. The rights of husband and wife, married in this State prior to the passage of this act, or married out of this State, who shall reside and acquire property herein, shall also be determined by the provisions of this act, with respect to such property as shall be hereafter acquired, unless so far as such provisions may be in conflict with the stipulations of any marriage contract. 3578. SEC. 16. All marriage contracts shall be in writing, and executed and acknowledged or proved, in like manner as a conveyance of land is required to be executed and acknowledged or proved. 3579. SEC. 17. When a marriage contract shall be acknowledged or proved, it shall be recorded in the office of the recorder of the county in which the parties reside, and also in the office of the recorder of every county in which any real estate may be situated, which is conveyed or affected by such marriage contract. 3580. SEC. 18. When any marriage contract is deposited in the recorder's office for record, it shall, as to all property affected thereby, in the county where the same is deposited, impart full notice to all persons of the contents thereof. 3581. SEC. 19. No marriage contract shall be valid, or affect any property, except between the parties thereto, until it shall be deposited for record with the recorder of the county where the parties reside, and if it relates to real estate in other counties, with the recorder of the county wherein such property is situated. 3582. SEC. 20. A minor, capable of contracting matrimony, may enter into a marriage contract, and the same shall be as valid as if he was of full age; provided, it be assented to, in writing, by the person or persons whose consent is necessary to his marriage. 3583. SEC. 21. A marriage contract may be altered at any time before the celebration of the marriage, but not afterwards. 3584. SEC. 22. The parties to any marriage contract shall enter into no agreement, tract not to affect the object of which shall be to alter the legal order of descent, either with respect to themselves in what concerns the inheritance of the descents, nor rights of hus band, nor survi. vor as guardian. respect to their children between themselves, nor de law to the husband, as to the head of the family, or as the guardian of their children. Invalid stipulations. Insurance of wife. or posterity, or with BIGHTS OF MARRIED WOMEN AN ACT to protect the rights of married w certain cases. Senate and Assembly do enact as follows: for the debts of the husband. Sec. 3. The wife, while living separate at from her husband, shall have the sole and e control of her separate property, and may su and may avail herself of and be subject to a suel, without joining or being joined with her process in all actions, including actions concer real estate. 3585. SEC. 23. No stipulation of any marriage co derogate from the rights given by law to the husband children, or which belong to the husband, as the head husband or wife, as the guardian of their children. An Act in respect to insurance for lives for the benefit Passed May 11, 1854, 160. 3586. SECTION 1. It shall be lawful for any mar husband's life by name, or in the name of any third person, with his be insured for her sole use, the life of her husband f term of his natural life; and in case of her survivi amount of the insurance becoming due, and payable provided: First-Before such sale and conveyan shall cause to be recorded in the office of the R shall be payable to her, to and for her own use, free, of the county where the real estate to be sold tives of her husband or his creditors, but such exen before an officer authorized by law to take ach ated the declaration, duly verified and ackn amount of the premium annually paid shall exceed tent of deeds, containing & description of s estate, the natne of her husband, her own place 3587. SEC. 2. In case of the death of the wife be idence and that she is a married woman living bo children, when the amount of the insurance may be made payable the County Court of the proper county her ant apart from her husband. Second-Upon t ceived by them, or, if under age, by their legal guare Insurance may be made payable wife dies. An Act to authorize married women to convey real est approved February 14, 1855. See CONVEYANCES, ante, 697. An Act to authorize married women to execute powers An Act to prevent the fraudulent conveyance or inct See FRAUDULENT CONVEYANCES and CONTRACTS, ante, Sec. 4. The wife while living separate and ap with her husband, convey her real estate as he her husband may sue, and by her deed, witheat duly verified, containing a substantial copy of st Acts and parts of Acts, so far as the o rovisions of this Act, are hery re I take effect immediately. vernor, March 9, 1870. El-Fame, Houses of. An Act to suppress houses of ill-fame. Approved April 2, 1855, 76. of ill-fame. 3588. SECTION 1. Every person who shall keep a house of ill-fame in this State, Keeping house dsresorted to for the purpose of prostitution or lewdness, or who shall reside in such & house for the purposes aforesaid, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in a common jail for a term not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment, at the discretion of the court. 3589. SEC. 2. Whenever the lessee of any house shall be convicted of the offense Lease void. of keeping such house of ill-fame as aforesaid, the lease or contract for letting such house shall at the option of the lessor become void; and such lessor shall thereupon have the like remedy to recover the possession of such house, as is provided against a tenant holding over after the termination of his lease. 3590. SEC. 3. Every justice of the peace may, on the complaint of any citizen of Sureties of tho the county, require sureties of the peace and good behavior from any person who peace. shall be guilty of keeping or maintaining houses reputed to be houses of bawdry and ill-fame; and every person being so ordered to find sureties of the peace and good behavior, who shall neglect or refuse to comply with such order, may by said justice be committed to the common jail in the county where the offense was committed, for a term not exceeding thirty days; and the bond required as aforesaid shall be filed with the county clerk of the county where the offense was committed, and from said order the accused shall have the right to appeal to the next county court in the county within which the offense was committed. 3591. SEC. 4. When any person prosecuted under the next preceding section of Costs of this act, shall be required to procure sureties of the peace and good behavior, such prosecution. person shall pay the costs of prosecution, and on failure so to do, shall be imprisoned in the county jail, at the discretion of the court having cognizance thereof, until such SEC. 5. This act shall take effect and be in force from and after its passage. Immigration and Passengers. An Act to prevent the importation of convicts into this State. Passed April 11, 1850, 202. bring into the 3592. SECTION 1. No captain or master of any vessel, or any other person or per- No person to sons, shall knowingly or willingly import, bring, or send, or cause or procure to be State any felon imported, brought, or sent, or be aiding or assisting therein, into this State, by land or convict. or water, any felon, convict, or person under sentence of death or transportation, or any other legal disability incurred by a criminal prosecution, except for treason, or who shall be delivered or sent to him from any prison or place of confinement in any place without this State. 3593. SEC. 2. Every person who shall offend against any of the provisions of the Penalty for preceding section, shall be deemed guilty of a misdemeanor, and on conviction offending. thereof, shall be punished by imprisonment in the county jail, for a term not less than three months, and shall forfeit and pay, moreover, the sum of one thousand dollars for each of such convicts so imported, brought, or sent into this State; one-half of which Application of penalty shall go to him or her who shall sue or prosecute for the same, and the other penalty. half to the county in which such prosecution shall be had. SEC. 3. This act to take effect and be in force from and after thirty days publication Commencement of the same in the "Pacific News." 3594. ["An Act for the relief of immigrants traveling overland to California," approved May 3, 1852, 77, authorized and required the governor to ascertain the wants and necessities of the immigrants, mentioned in the title, during that year; and, if in a suffering condition, to relieve them by distribution of food and clothing to an amount not exceeding $25,000.] ["An Act for the relief of William Waldo," approved May 13, 1853, 178, amended May 17, 1853, 200, authorized the payment to William Waldo of $27,000, the amount advanced by him in 1850 to relieve immigrants to California.] of act. Commissioner of emigrants. Proviso. Duty of commissioner. Term of office. To take effect. Tax of $50. Officers to visit ships. Suits for tax. Disposition of moneys. Bond of commissioners, [By joint resolution, passed February 28, 1859, 389, the governor was authorized and requested to appoint such persons or association as he might think proper, as a board or commission, to receive and apply moneys, arising under Sec. 14 of an act of Congress to regulate the carriage of passengers in steamships and other vessels, passed March 3, 1855, for the care and protection of sick, indigent, or destitute emigrants.] An Act to afford protection to immigrants to California. Approved March 14, 1860, 93. 3595. SECTION 1. The governor of the State is hereby authorized to appoint a competent person, to reside in the City of New York, in the State of New York, to act as a commissioner of emigrants; provided, the same can be done without expense or charge to the State. 3596. SEO. 2. The said commissioner shall furnish at all times, to parties applying. such information as may tend to secure to them safe and proper transport to this State, and shall keep a record of all persons aided under the provisions of this act. He shall make an annual return to the secretary of State, of the number of passengers leaving the port of New York for California, said return to embrace the nativity age, sex, name, and destination, of each passenger. 3597. SEC. 3. Said commissioner shall hold his office for the term of two years. 3598. SEC. 4. Said commissioner shall have a seal, which shall be affixed to all documents connected with his office, transmitted by him to this State, which seal shall be received in all the courts of this State, upon the same footing as commissioners appointed under the act passed March twentieth, one thousand eight hundred and fifty, entitled "An Act empowering the governor to appoint commissioners of deeds and to define the duties of such office," and the said commissioners shall comply with all the requirements contained in said act. SEC. 5. This act shall take effect from and after its passage. I. IMMIGRATION OF CHINESE AND MONGOLIANS. An Act to discourage the immigration to this State of persons who cannot become citizens thereof. Approved April 23, 1855, 194. [Declared invalid and void by the supreme court in People vs. Downer, 7 Cal., 169.] 3599. SECTION 1. The master, owner, or consignee of any vessel arriving in any of the ports of this State from any foreign state, country, or territory, having on board any persons who are incompetent by the laws of the United States or the laws and constitution of this State to become citizens thereof, are hereby required to pay a tax, for each such person, of fifty dollars. 3600. SEC. 2. It shall be the duty of the commissioner of emigrants of the City of San Francisco, or the mayor or other chief municipal officer of any town or city in other parts of this State, to visit all such vessels immediately upon their arrival in any of said ports; and whenever the said commissioner, mayor, or other chief municipal officer shall be satisfied by personal inspection, or otherwise, of the number of passengers referred to in the first section of this act, on board of said vessel, he shall demand and receive of the master, owner, or consignee of such vessel, the sum of fifty dollars for each such passenger so disqualified from becoming a citizen of the United States. 3601. SEC. 3. In the event of the non-payment of said tax within three days after the arrival of said vessel, or within three days after demand for said tax, said commissioner, mayor or chief officer of any city, town, or village, shall commence suit in the name of the State against the master, owner, or consignee, or all of them, for said tax, before any court of competent jurisdiction in said town or city; and the commencing of said suit shall constitute a lien upon such vessel for the amount of said tax, and it shall be forever liable for the same. 3602. SEC. 4. The commissioner of emigrants of San Francisco is hereby required to pay over on the first Monday of every month to the treasurer of State, for the use of the hospital fund, all moneys collected under the provisions of this act, reserving to himself first five per cent. of the amount so collected as compensation under this act. 3603. SEC. 5. The said commissioner of emigrants is required, before entering upon the duties of this act, to enter into a bond to the State of California in the sum of thirty thousand dollars, with good and sufficient security to be approved by the governor, conditioned that he will well and truly discharge all the duties required of him by this act, which said bond shall be filed in the office of the secretary of State. An Act to prevent the further immigration of Chinese or Mongolians to this State. Approved April 26, 1858, 295. 3604. SECTION 1. On and after the first day of October, A. D. one thousand eight Prohibition. hundred and fifty-eight, any person or persons, of the Chinese or Mongolian races, shall not be permitted to enter this State, or land therein, at any port or part thereof, and it shall be unlawful for any man, or person, whether captain or commander, or other person, in charge of, or interested in, or employed on board of, or passenger upon, any vessel, or vessels, of any nature or description whatsoever, to knowingly allow, or permit, any Chinese or Mongolian, on and after such time, to enter any of the ports of this State, to land therein, or at any place, or places, within the borders of this State, and any person or persons violating any of the provisions of this act, shall be held and deemed guilty of a misdemeanor, and upon conviction thereof shall be Penalty for subject to a fine in any sum not less than four hundred dollars, nor more than six hundred dollars, for each and every offense, or imprisonment in the county jail of the county in which the said offense was committed, for a period of not less than three months, nor more than one year, or by both such fine and imprisonment. dereliction. offenses. accident, 3605. SEC. 2. The landing of each and every Chinese or Mongolian person, or persons, Separate shall be deemed and held as a distinct and separate offense, and punished accordingly. 3606. SEC. 3. Any captain or commander, or any person owning an interest in, or In case of being employed upon, any vessel, or vessels, having on board any Chinese or Mongolians, which may be, by storm or distress, or other unavoidable accident, driven ashore upon any of the coasts of this State, or within any of the ports of this State, and from which any of said Chinese or Mongolians may be landed within this State, shall not be held liable under the provisions of this act; provided, however, the fact of it being an unavoidable necessity, or accident, be fully shown to the satisfaction of the court, or judge, having the hearing of said case before him; and provided, further, that said Proviso. person or persons having charge of, or being employed upon, or being interested in, any vessel, or vessels, thus driven ashore upon any of the coasts of this State, and from which any Chinese or Mongolians shall be landed, shall, immediately thereafter, use all due diligence in their power to cause each and all of said Chinese or Mongolians to be immediately reshipped, or in other ways conveyed from within the borders of this State, which fact shall also be made to appear to the satisfaction of the court, or the judge having the hearing of the same. 3607. SEC. 4. It shall be the duty of the secretary of State, as soon as practicable Publication. after the passage of this act, to cause the same to be translated into the Chinese language, and shall cause one thousand copies of the same to be published in said language, for distribution among the Chinese residents in this State; and the sum of five hundred dollars is hereby set apart out of any funds in the treasury, not otherwise appropriated, to defray the cost of said translation, publication, and distribution; and it shall also be the duty of the secretary of State to furnish a translated copy of this act to each of the commercial agents of the United States in the ports of China. An Act to protect free white labor against competition with Chinese Coolie labor, and to discourage the immigration of the Chinese into the State of California. Approved April 26, 1862, 462. [Declared unconstitutional by the supreme court in Lin Sing vs. Washburn, 20 Cal., 534.] 3608. SECTION 1. There is hereby levied on each person, male and female, of the Police tax. Mongolian race, of the age of eighteen years and upwards, residing in this State, except such as shall, under laws now existing, or which may hereafter be enacted, take out licenses to work in the mines, or to prosecute some kind of business, a monthly capitation tax of two dollars and fifty cents, which tax shall be known as the Chinese police-tax; provided that all Mongolians exclusively engaged in the production and Proviso, manufacture of the following articles, shall be exempt from the provisions of this act, viz. sugar, rice, coffee, tea. 3609. SEC. 2. It shall be the duty of the controller of State to procure a sufficient Duty of controller. number of blank "police-tax receipts," which shall be substantially in the following form; these tax receipts shall be numbered consecutively, and a record thereof be made and filed in his office: County, two dollars and fifty cents, the same being his police-tax for the month com mencing and ending both inclusive. Controller of State. |