California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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Eopy of the petiticm shall be attached to the copy of the notice
nailed to them as herein provided, provided, further, that no
Eopy of abstract, order or map need be seryed with any notice.

All persons v^o daim an interest may appear and object to
the granting of the applicaticm and if such objection is sustained,
the costs of the same shall be paid by the applicant; if not, by
the p^son so objecting. The time tat appearance shall be ten
days afto" po^onal service within the county; tiiirty days after
personal service out of the county and in the state; all perscms
lot required by this section to be served personally shall have
dxty days after the first publication of such notice within which
to appear.

An persons having or claiming any interest in the land or any
Mrt thereof may assent in writing to the registration thereof
ind the po^on thus assenting need not be named as a defendant
n the registration proceeding, or, if already named as a defend-
mt, need not be served with notice therein. Such assent shall
)e executed and acknowledgd in the manner now required by
aw for the necutirai and acknowledgment of a deed and shall be
Qed with the clerk of the court

Sec 13. Upon the petition of the applicant or of any per-
on interested in the proceedings, the court shall appoint a dis-
nterested person to act as guardian ad litem fw minors and
ither persons under disability and for all persons not in being
Ao may appear to have any interest in (m* lien upon the land,
f the petition prays to have the line of any public way deter-
Dined, notice shall be given to the mayor or other presiding
fficer of any incorporated city or town in which such way Is
ituated w Vt such way be situated outside of any incorporated
dty or town, then to the chairman w presiding officer of the
K>ard of supervisors of the county in which such way lies, by
leliverlng to sudi mayor or other presiding offlctf or to the chair-
nan or iH'esiding officer of such board of supervisors a copy of
uch notice p^^onally. If the land borders on a navigable stream
r on an arm of the sea or if it otherwise appears from the ap-
ilication or the proceedings that the state may have a claim
tdverse to tiiat of the applicant, notice shall be given in the
ame manner to the attorney general. The court may also cause
;acb other or further notice of the application to be given as
t nay deem necessary and proper.

See. 14. After the notice required to be given by this act
188 been given and the time for all persons to appear has ex-
>ired, the court shall set the petition down for hearing upon
lotiee to all po^cms \^o have appeared as is required in other
dril actions and shall proceed to determine the title to all the
and described in the petition and of all persons who may have
uny interest therein or in any part thereof and wiiether or not
lie or any part of the land, the title to which is so determined
s the separate or community property of the party found to be
lie owner and whether or not the title to the or any part of the
and is held In any special capacity and shall make, give and
inter a decree eonftming the title of the person found to be the
ywner whether be be the applicant or any other person who may.

in the proceeding, ask to have his title registered and shall oroc.
the rej^tration of all such land.

Upon the trial of any Issue of fact raised by the verified plead-
ing of any person claiming by such pleading to have an interest
in the or any part of tlie land or appurtenances, such issue shall,
upon demand of any party appearing, be submitted to a jury in
the same manner and to the same extent as such issue can, under
general law and the constitution of the state, be submitted to a
jury trial in like matters and, when so submitted, the verdict of
the jury shall have the same force and effect as is provided by
general law upon the submission of like Issues to a jury.

Sec 15. Every decree shall state whether or not the owner
of the land directed to be registered is married or unmarried
and, if married, the full name of the spouse; if the owner is
under a disability, it shall state the nature of the disability and
the person acting for Mm and the source of his authority and
if a minor, it shall state his age and in whose custody his estate
then is; it shall also contain an accurate description of the land
to which the court shall determine title and shall set forth the
estate of the owner and also, in such a manner as to show their
relative priority, all particular estates, mortgages, easements,
liens, attachments and other Incumbrances, including the rights
of husband or wife. If any, to which the land or the owner's
estate therein is subject and may contain any other facts prop-
erly to be determined by the court. The deaee shall be stated
in a form convenient for transcription upon the certificate of
title and any lien or other charge against the property, if re-
corded, shall be referred to by book and page of the record.

Any party aggrieved by such decree may appeal therefrom in
the manner now or hereafter provided by law for appeals in civil
actions; such decree shall be filed with the clerk and a certified
copy thereof filed with the registrar, who shall thereupon issue a
certificate of title to each person declared by said decree to be
the owner of any parcel of land in severalty and said registrar's
act in filing said decree and issuing said certificates shall have
the effect of bringing said land under the operation of this act
as herein provided as of the date of filing of the petition. Said
certificate shall contain a description of the property registered
and shall also show the character of the ownership and whether
or not the land is separate or community property and if com-
munity the names of both husband and wife, the nature, amount
and order of the liens and incumbrances and other charges against
the same and any other interest or condition which shall be found
to exist by the decree.

Sec 16. A decree of the court ordering registration shall be
in the nature of a decree in rem, shall forever quiet the title to
the land therein ordered registered and shall be final and con-
clusive as against the rights of all persons, known and unknown,
to assert any estate. Interest, claim, lien or demand of any kind
or nature whatsoever, against the land so ordered registered or
any part thereof, except only as in this act provided.

Sec 17. Whenever any proceeding is hereafter commenced in
the superior court of any county by any person or persons either
for themselves or in a representative capacity, wherein it is
sought to quiet, establish title to, partition land or to administer
upon any estate of a deceased person where the estate consists
in vrtiole or in part of land, and in which proceeding the court
has or can acquire jurisdiction of such land in rem, any deaee
rendered in any such proceeding quieting or establishing the title
to any land or partitioning or distributing land may order such
land registered under this act whenever, in such proceeding, notice
of the intention to include an order of registration thereof in any
such decree shall have been published and service thereof made on
all persons interested in the manner required by this act and
when, in the application for such notice, in such proceeding, the
facts required to be set forth by sections 5 and 6 of this act
are alleged.

Sec 18. Upon the filing of the petition or thereafter, the
court may, in its discretion, appoint an examiner of titles to
whom any abstract or abstracts may be referred for examination.
Such examiner of titles shall be an attorney in good standing,
skilled in the examination of titles and admitted to pactice
before the supreme court of the state for at least five years pre-
ceding his appointment The compensation of such examiner shall
be agreed upon between the applicant or other parties and the
examiner or If not agreed upon shall be fixed by the court and
such compensation shall be paid by the person or persons in whose
twoe registration is granted as a part of the cost of the proceed-
ings. More than one examiner may be appointed in any county
if desired.


dec 19. yjhfintmt an exuitner o^ titles is appointed and any
abstract Is referred to him for examination, he sball proceed to
examine into the title of the land described in the application
and shall investigate all facts pertaining to the title which shall
be brought to bis notice and shall file a written report with the
court together with a certificate of his opinion upon the title.
No decree shall be entered by the court in cases where a refer-
ence is had, until the written opinion of such examiner sball be
filed. The court shall not be bound by any report of such exam-
iner but may require other or further proof.

Sec. 20. Any applicant may, upon payment of all fees due,
withdraw his application at any time prior to the hearing thereof
and upon the written request of such applicant and the order of
the court, the clerk shall return to the applicant all abstracts of
titles, deeds, and other instruments, except depositions or affida-
vits deposited by him for the purpose of supporting his appli-

Sec 21. In ease of the death or any disability of the appli-
cant, Uie court, on motion, may allow the proceeding to be con-
tinued by or against his representative or successor in Interest.
In case of any other transfer of interest the proceeding may be
continued in the name of the original applicant, or the court
may allow the person to whom the transfer is made to be substi-
tuted in the proceeding.

Sec 22. Immediately upon the filing with the registrar of the
certified copy of the decree ordering registration, be shall pro-
ceed to register the title in accordance with the directions of the
decree and issue a certificate or certificates of title in the manner
therein directed and the registrar shall also immediately make an
entry in a book kept by him for that purpose showing the name
of the person to whom the certificate was issued, its number, the
day, hour and minute of its issuance, the name of the person to
whom the duplicate certificate was delivered and the book and
page where the original certificate is entered or recorded. In
said book there stiaU be provided a place for the signature of the
perscm to whom a certificate is issued upon giving receipt fcN* sudi
certificate as provided for by section 30 of this act and where in
cases where such receipt is not signed in the presence of the
registrar, the same may be pasted. Such receipts when so signed
and witnessed or acknowledged shall be prima facie evidence of
the genuineness of the owner's signature.

Sec 23. Every first and subsequent certificate of title shall
be In duplicate and numbered consecutively and bear date the
year, month, day, hour, and minute of its issue, and shall be
under the hand and official seal of the registrar. One copy of
said certificate sball be retained by the registrar and be known as
the original, and the other shall be delivered to the owner, or
person acting for him, and be known as the duplicate. The cer-
tificate shall state whether the owner, except in the case of a
corporation, executor, administrate, assignee, oe other trustee, is
married or not married, and, if married, the name of the husband
or wife. If the owner is a minor, it shall state his age; if under
any other disability, the nature of the disability. If issued to an
executor or administrator, the certificate shall show the name of
the deceased testator or bitestate; if to an assignee in insolvency
or trustee In bankruptcy the name of the insolvent or bankrupt.
The registrar shall note at the end of the certificate, original and
duplicate. In such manner as to show and preserve their priorities,
the particulars of all estates, mortgages, liens, incumlN*uices, and
charges to which the owner's title is subject.

Sec. 24. No particular form of certificate of title is required,
but the same may be, subject to such changes as the case may re-
quire, substantially In the following form:
State of California, | __

County of 1 "*

A. B. (state occupation and residence, giving street and num-
ber). State of California (if an administrator, give the name of
the deceased; if a minor, give his age; if under other disability,
state its nature) , married to (name of husband (m* wife, or if not
married so state). Is the owner of an estate in fee simple (or as
the case may be) in the following land (insert description ccm-
talned In the decree). Subject, however, to the estates, ease-
ments, liens. Incumbrances, and charges hereunder noted. (In
case of trust, condition, or limitation, say "in trust," or "upw
condition," or "with limitation," as the case may be.)

1. Mwtgage to for the sum of $ , dated ,

payable after date, with Interest at per cent per

8. Assessihent for Uhprovemeni o^ sireet Amomk

I , due .

(Any other incumbrances or charges.)

In witness whereof, I have hereunto set my band and caused
my official seal to be affixed, this day of


Registrar of Titles in and for the County
of , State of California.

-, Interest payable-

2. Mechanic's lien in favor of X. Y. for |-

-, flled-

Sec 25. In aU cases wbere two or more persons are entitled
as tenants in common to an estate in registered land, such per<
sons may receive one certificate for the entirety, or each may
receive a separate certificate for his undivided share.

Sec 26. Upon the application of any registered owner of land
held under separate certificates of title, or under one certificate,
and delivering up of such certificate or certificates of title, the
registrar may issue to such owner a single certificate of title for
the whole of such land, or several certificates, each containing a
portion of such land. In accordance with such application, and a¬Ђ
far as the same may be done consistently with any regulatlooi
at the time being In force, respecting the certificates of land that
may be Included In one certificate of title; and upon issuing any
such certificate of title said registrar shall hidorse on the last
previous certificate of title of such lands so delivered up a mem-
orial, setting forth the occasion of such cancellation and refer-
ring to the volume and folium of the new certificate or certifi-
cates of title so issued.

Sec 27. In the event of a duplicate certificate of title belnc
lost, mislaid, or destroyed, the owner may apply to the court for
an order upon the r^strar to issue a certified copy of the
original certificate of registration. Upon the hearing of such ap-
plication, the court may order such notice to be given to such
persons and for such time as it may deem proper. If the court
is satisfied that tbe applicant is the person named in the original
certificate on file in the registrar's office, and that the duplicate
certificate has been lost, mislaid, or destroyed, the court shall
make an order directing the registrar to issue a certified copy of
the original certificate to the applicant. A certified copy of such
order shall be filed in the registrar's office, who shall thereupoo
issue to such applicant a certified copy of the original certificate,
with the memorials and notations appearing upon the register,
and shall note upon the register the fact, cause and date of such
issue and shall also maris upon such certified copy: "Owner's
certified copy, issued In place of lost (mislaid, or destroyed, as
the case may be) certificate," and such certified copy shall stand
in the place of, and have like effect as, the missing duplicate
certificate. In case of a lost certificate, no transfer of the land
shall be made until such certified copy is issued by the registrar.
A certified copy of the certificate of title may be issued by the
registrar for use as evidence, upon the receipt by him of an order
therefor made by the court; provided, that such certified copy shall
have written or stamped across the face thereof the words "for
use as evidence only." The issuance of such certified copy and
the purpose thereof shall also be noted upon the original certifi-
cate by the registrar.

Sec 28. If an owner's name or description is incorrectly
registered, or becomes changed (e. g. by marriage, adoption, di-
vorce, etc), the court, upon the filing of an application and proof
of facts in the manner set forth in section twenty-seven of this
act, and the production by the owner of the duplicate certificate,
shall order the registrar to issue a new certificate, with such
changes as the case may require.

Sec 29. ThB registrar shall keep a book, to be known as the
"register of titles," wherein he sball enter all original certificates
of title, in the wder of their numbers, with i4)propriate blank
for the entry of memorials and notations allowed by this act
Each certificate, wlUi such blanks, shall constitute a separate
folium of sudi booL All memorials and notations that may be
entered upon the register under the terms of this act sfaaU be
entered upon the folium constituted by the last certificate of title
of the land to which they relate. Each certificate of title shall
be numbered the same as the folium of the register on which the
registration of the title of which It Is a duplicate. Is entered.

Sec 30. Before the delivery of any duplicate certificate of
title, a receipt for it shall be required, to be signed 1^ the
owner. Where such receipt is signed in the presence of the reg-
istrar or a deputy, it shall be witnessed by such officer. If
signed elsewhere. It shall be admowledged before any officer au-
thorized to take acknowledgments of deeds.

Sec 31. In every case of first registratioo of land or an
estate or intereft therein, the same aball be deemed to be regli-

tered under this act, when the registrar shall have mailKd upon
the certificate of title, in duplicate, the volume and folium of
tbe register in which the original may be found.

Sec. 32. Every transfer of registered land shall be deemed to
be registered under this act, ^en the new certificate to the
transferee shall have been marked, as in the case of the first reg-
istration; and all other dealing shall be considered as registered
vben the memorial or notation shall have been entered in the
register upon tbe folium constituted by the existing certificate of
title of tbe land. But, for the protection of the transferee or
person claiming through any transfer or dealing, the registration
Shan relate back to the time of filing in the registrar's office the
deed, instrument, or notice, pursuant to which the transfer,
memorial or notation is made.

See. 33. Any person feeling himself aggrieved by the action
of tbe registrar, or by his refusal to act in any manner pertain-
ing to the first reglsU'atlon of land, or any subsequent transfer,
or charge upon the same, or falling or neglecting, or refusing to
file any instrument, or to enter or cancel any memorial or nota-
tion, or to do any other thing required of him by this act, may
file a complaint in the superior court making the registrar and
otiier persons, whose interest may be affected, parties defendant,
and tbe court may m'oceed therein as in other cases, and make
such order at decree as shall be according to equity and the pur-
port of this act. A certified copy of such order or decree shall
he presented to tbe registrar, who shall file the same and make
sucli entry thereof as by this act required.

Sec 34. The registered owner of any estate at interest in
land brought under this act shall, except in case of fraud to
ffiiicb he is a party, or of the person through whom he claims
witliout valuable consideration paid In good faith, hold the same
subject only to such estates, mortgages, liens, charges, and inter-
ests as may be noted in the last certificate of title in tbe
registrar's office, and free from all others, except:

1. Any subsisting lease or agreement for a lease for a period
not exceeding one year, where there is actual occupation of the
land under lease. The term "lease" shall include a verbal letting.

2. All land embraced In the description contained in the cer-
tificate which has theretofore been legally dedicated as or declared
by a competent court to be a public highway.

3. Any subsisting right of way or other easement, created
witbin one year before issue of the certificate upon, over, or in
respect of the land.

4. Any tax or special assessment for which a sale of tbe land
has not been had at the date of the certificate of title.

5. Such right of action or claim as is allowed by this act.

6. Liens, claims, or rights arising under the laws of the United
States, which the statutes of California can not require to appear
of record upon the register.

Sec 35. After land has been registered, no title thereto ad-
Terse or In derogation to the title of the registered owner shall be
acquired by any length of possession.

Sec 36. Except in case of fraud, and except as herein other-
wise provided, no person taking a transfer of registered land, or
any estate or interest therein, or of any charge upon the same,
^m the registered owner, shall be held to inquire into the cir-
cumstances under which, or the consideration for which, such
<"nier or any previous registered owner was registered, or be af-
fected with notice, actual or constructive, of any unregistered
tnist, lien, claim, demand, or interest; and the biowledge that
any unregistered trust, lien, claim, demand, or interest is in
existence shall not of Itself be imputed as fraud.

Sec 37. In case of fraud, any person defrauded shall have
^ rights and remedies that he would have had If the land were
not under the provisions of this act; provided, that nothing con-
tained In this section shall affect the title of a registered owner
^0 has taken bona fide tor a valuable consideration, or of any
person bona fide claiming through or under him.

Sec 38. If a deed or other Instrument is registered, which
is forged, or executed by a person under legal disability, such
registratimi diall be void; provided, that the title of a registered
owner, who has taken bona fide for a valuable consideration,
Shan not be affected by reason of Ws claiming title through some
w^e. the registration of whose right or interest was void, as pro-
vided fa) this section.

See. 39. No mnreglstered estate, Interest, power, right, claim,
emtract, or trtist shall prevail against the title of a registered
(**iKr takfaig bona fide for a valuable consideration, or of any
P^non bona fide claiming through or under him.

See. 40. In any suit for specific performance brought by a

registered owner of any land under the provisions of this act
against a person who may have contracted to purchase such land,
not having notice of any fraud or other ch-cumstances which,
accordhig to the provisions of this act, would affect the right of
the vendor, the certificate of title of such registered owner shall
be held in every court to be conclusive evidence that such regis-
tered owner has a good and valid title to the land, and for the
estate or Interest therein mentioned or described.

Sec 41. In any action or proceeding brought for ejectment,
partition, or possession of land, the certificate of title of a rei;ls-
tered owner shall be held in every court to be conclusive evidence,
except as herein otherwise provided, that such registered owner
has a good and valid title to the land, and for the estate or
interest therein mentioned or described, and that such registered
owner is entitled to the possession of said land.

Sec 42. The register of any land, and duly certified copies
thweof, shall, except as herehi otherwise provided, be received in
law and in equity as evidence of the facts therein stated, and
as conclusive evidence that the person named therein as owner
is entitled to the land for the estate or Interests therehi specified.

Sec. 43. Whenever a memorial has been entered, as permit-
ted by this act, the registrar shall carry the same forward upon
: 11 certificates of title until the same is canceled in some manner
authorized by this act.

Sec 44. All dealhigs with land, or any estate or Interest
therein, after the same has been brought under this act, and all
liens, incumbrances, and charges upon the same subsequent to
the first registration thereof, shall be deemed to be subject to
the terms of this act, and to such amendments and alterations as
may hereafter be made. The bringing of land under this act
shall imply an agreement which shall run with the land, that the

Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 20 of 36)