Supervisors either of them. may bind out minors. Indenture. Age. Loney paid. Indenture. May be annulled. Causes. Account to amount The Board of Supervisors of the several counties of this State shall have similar powers to indenture all children within their respective counties, who are destitute of parents or guardians, or means of support. SEC. 2. The binding out of any child, under the provisions of this Act, shall be by indenture, in writing, executed in triplicate by said Board of Trustees and the person or persons to whom such child shall be bound, and acknowledged before the County Judge, District Judge, or a Notary Public, and one copy of said indenture shall be filed with the County Clerk of said City and County of San Francisco. SEC. 3. The age of every child so bound shall be inserted in the indenture, and shall be taken to be the true age, without further proof thereof. SEC. 4. Every sum of money paid as agreed for, with or in relation to the binding out of any child for any clerk, apprentice, or servant, shall be inserted in the indenture. SEC. 5. The indenture shall also contain an agreement, on the part of the person to whom such child shall be bound, that he will cause such child to be instructed in the English language, and for that purpose will send such child to school three months each year of the period of indenture. SEC. 6. Such indenture may be annulled and declared void, by any Court of equity jurisdiction, or Judge thereof, for the county where the person to whom such child is bound shall reside, upon satisfactory proof of either of the following named causes: First-Fraud in the contract of indenture. Second-When such contract is not made or executed in accordance with the provisions of this Act. Third-For non-fulfilment, by the person to whom such child is bound, of the provisions of the indenture. Fourth-Cruelty or maltreatment of such child by such per son. SEC. 7. In case of the indenture being declared void, or anbe taken of nulled, for any of the foregoing causes, an account shall be taken, due minor. either by the Court or a Referee, of what is justly due to such infant servant, clerk, or apprentice, for his labor or service actually rendered to his master or employer, to whom he shall Judgment. have been so bound, and judgment shall be rendered for such sum and costs, as well as declaring such indenture void and annulled. Applications indentures. SEC. 8. The application for annulling such indenture, and for annulling proceedings thereunto belonging, shall be the same under this Act as an Act to provide for Binding Minors as Apprentices, Clerks, and Servants, approved April tenth, eighteen hundred and fifty-eight; and the punishment for fleeing from service, and proceedings thereunder, shall be the same under this Act as the Act last above named. CHAP. CCCXCII.—An Act conferring Further Power upon the Board of Supervisors of the City and County of San Francisco. [Approved May 12, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and County Powers of of San Francisco are hereby authorized and empowered to Supervisors compromise, or to allow and order paid, any final judgment that may be obtained by the plaintiffs in the suit entitled Edward Minturn versus E. W. Burr and F. E. R. Whitney, for forcible entry and detainer; to allow and order paid the counsel fees of the defendants in said suit, or so much thereof as they may deem equitable; and to compromise the claims of the City of San Francisco, and the City and County of San Francisco, against Edward Minturn. The City Treasurer of said City and County of San Francisco is hereby authorized to pay, out of the General Fund, the sum so allowed, upon the audit of the Auditor, who is hereby authorized to audit the same. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCXCIII.-An Act to provide for the Filing of a List of the Lands claimed by the State under the Provisions of the various Acts of Congress, making donations to the State. [Approved May 12, 1862.] The People of the State of California, represented in Senate and Register. SECTION 1. It is hereby made the duty of the Register of the Duty of State Land Office, to cause to be prepared a list of all the records in his office, showing the lands sold or claimed by the State under the provisions of any Act of Congress making donations of land to this State, and to prepare certified copies of all affidavits, or other evidence, showing that the lands so sold or claimed are the property of the State, within the meaning of the Acts of Congress making the donation, and to file said list, and certified copies of affidavits, or evidence, with the SurveyorGeneral of the United States, or Register of the proper United States Land Office, as may be required by the rules of the United States Land Department. He shall also furnish the Committee appointed by the Legislature with certified copies of any affidavits, maps, charts, or such other evidence, as may be on file in his office, pertaining to the lands claimed by this State, or so much of the same as the Committee may deem necessary. SEC. 2. The sum of six hundred dollars is hereby appropria- Appropriated, payable out of the Swamp Land Fund, to carry the provisions of this Act into effect, the same being for clerical expenses. SEC. 3. This Act shall take effect from and after its passage. tion. Separate property of wife. Lien. Sale of personal property of wife. CHAP. CCCXCIV.-An Act to amend an Act entitled an Act defining the Rights of Husband and Wife, passed April seventeenth, eighteen hundred and fifty. [Approved May 12, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section six of said Act is hereby amended so as to read as follows: Section 6. The husband shall have the management and control of the separate property of the wife during the continuance of the marriage; but no alienation, sale, or conveyance, of the real property of the wife, or any part thereof, or any right, title, or interest, therein, and no contract, or power of attorney, concerning or relating to the same, and no lien or encumbrance created thereon, shall be valid for any purpose, unless the same be made by an instrument in writing, executed by the husband and wife, and acknowledged by her, as provided for in the Acts concerning conveyances, in case of the conveyance of her separate real estate. The personal property of the wife shall not be sold, assigned, or transferred, unless both husband and wife join in the sale, assignment, or transfer, thereof, except property which she is or may be authorized by law to sell, assign, or transfer, as a femme sole. CHAP. CCCXCV.-An Act to regulate the Fees of the County Surveyor of Napa County. [Approved May 12, 1862.] The People of the State of California, represented in Senate and SECTION 1. The County Surveyor of Napa County shall be allowed, for his services as Surveyor, the same fees as are prescribed in section nineteen of an Act entitled an Act to regulate Fees of Office, approved April tenth, eighteen hundred and fiftyfive. CHAP. CCCXCVI.-An Act amendatory of and supplemental to an Act, passed April twenty-eighth, eighteen hundred and sixty, entitled an Act to amend an Act to exempt the Homestead and other Property from Forced Sale, in certain cases, passed April twenty-first, eighteen hundred and fifty-one. [Approved May 12, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section 2. Such exemption shall not extend to any mechan- Liens. ic's, laborer's, or vendor's lien, lawfully obtained, nor to any mortgage or other lien, lawfully taken or acquired, to secure the purchase money for said homestead. No alienation, sale, conveyance, mortgage, or other lien, of or upon the homestead property, shall be valid or effectual, for any purpose whatever, unless the same be executed by the owner thereof, and be executed and acknowledged by the wife, if the owner be married, and the wife be a resident of this State, in the same manner as provided by law in case of the conveyance by her of her separate and real property. For the purpose of making or creating such alienation, sale, conveyance, mortgage, or lien, as afore- Declaration said, it shall not be necessary that the declaration of abandon- of abandonment of the homestead be executed, as herein provided for, nor that the homestead property be actually abandoned. Said homestead shall be deemed to be abandoned when a declaration thereof, in writing, executed and acknowledged by the owner thereof, and executed and acknowledged by the wife, if the owner be married, and the wife be a resident of this State, in the same manner as required by law in the case of the conveyance by her of her separate real property, is filed for record in the Recorder's office in which the declaration of claim to the same is recorded. SEC. 2. Section four of said Act is hereby amended so as to read as follows: ment. Section 4. The homestead property selected by the husband Rights of and wife, or either of them, according to the provisions of said survivor. Act, shall, upon the death of the husband or wife, vest absolutely in the survivor, and be held by the survivor as fully and amply as the same was held by them, or either of them, immediately preceding the death of the deceased, and shall not be subject to the payment of any debt or liability contracted by or existing against the said husband and wife, or either of them, previous to, or at the time of the death of such husband or wife, except such debt or liability as the homestead was subject to at the time of the death of such husband or wife. SEC. 3. Section five of said Act is hereby amended so as to read as follows: entitled, ex Section 5. No unmarried person shall be entitled to select or Unmarried hold a homestead, as prescribed in the preceding sections of persons not said Act, unless such person has the care and maintenance of cept in cerhis or her minor child, or of a minor brother or sister, or a minor tain cases. Provisions of extended. child of a deceased brother or sister, or of a father or mother, or of a grandfather or grandmother, or of an unmarried sister, then residing on the homestead property with such person. SEC. 4. Section six of said Act is hereby amended so as to read as follows: Section 6. All persons who held homesteads on the twentyAct of 1851 eighth day of April, eighteen hundred and sixty, and who have continued to hold the same, which were acquired and held as such under the provisions of the Act entitled an Act to exempt the Homestead and other Property from Forced Sale in certain cases, passed April twenty-first, eighteen hundred and fifty-one, shall, until the first day of June, A. D. eighteen hundred and sixty-two, be entitled to all the exemptions provided for in the Act hereby amended, but from and after the said last mentioned day, no property shall be deemed a homestead, or be exempt from forced sale, under execution or other legal process, unless the declaration provided for in said Act be made and filed for record, according to law; provided, that the making or filing for record of such declaration, shall not, in any case or in any manner, affect or impair any alienation, sale, mortgage, or other contract, or lien, lawfully executed or obtained prior to the time of the filing for record of such declaration. Proviso. Notices, etc., to be recorded. SEC. 5. Section seven of said Act is hereby amended so as to read as follows: Section 7. All notices and declarations required by said Act, or any Act amendatory thereof or supplemental thereto, to be recorded, shall be recorded by the Recorder in a book or books kept for that purpose, but nothing in said Act, or any Act amendatory thereof or supplemental thereto, shall exempt any property from sale for the non-payment of taxes or assessments levied or assessed thereon according to law. SEC. 6. This Act shall take effect and be in force from and after its passage. Proceedings CHAP. CCCXCVII.-An Act in relation to Suits brought for the [Approved May 12, 1862.] The People of the State of California, represented in Senate and SECTION 1. In any action authorized by any law of this State, to collect, or enforce, payment of any tax, or taxes, wherein any part of the tax is charged in the complaint to have been levied, or assessed against, or to be a lien upon, any real estate, or any improvements on real estate, it shall be competent to proceed in rem. against such real estate, or improvements, or against both; such real estate being, for that purpose, described in the summons in such manner as to designate the particular tract or tracts of land sought to be charged, and in case of improvements, designating the tract of land on which the improvements are situated. In such description in any |