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OF CHANGE OF NAMES.
1276. Application for change of name, how made.
1278. Hearing of application and remonstrance.
§ 1275. Applications for change of names must be heard and determined by the county courts.
Stat. 1855-66, 103, § 1. same in substance.
All applications for change of names must be made to the county court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person and if such person is under twenty-one years of age, if a male, and under the age of eighteen years, if a female, by one of the parents, if living; or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed and the reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petititioner, the near relatives of such person and their place of residence. Am-8. 110
Stat. 1865-66, 103, § 2, read "is domiciled" instead of "resides;" also inserted the words "if of the age of fourteen years and upwards," between "such person" and "and if such person."
Ø 1277. A copy of such petition must be published for four successive weeks, in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county, a copy of such petition must be posted at three of the most public places in the county for a like period, and proofs must be made of such publication before the petition can be considered.
Stat. 1865-66, 103, § 3.
§ 1278. Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can in such objections show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons, touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper.
Stat. 1865-66, 103, §4, read "and remonstrances may be filed by any near relatives of the person whose name is proposed to be changed, when the person is under twenty-one years of age, if a male, or eighteen, if a female, and in such and all other cases by any other person or persons who can in such remonstrance show to the court good and substantial reasons, satisfactory to the court, against such change of name," instead of "and objections may be filed by any person who can in such objections show to the court good reason against such change of name: also inserted the words "when by the court deemed necessary between 66 persons " and "touching."
Stat. 1865-66, 103, §§ 5 and 6, contained provisions for fees and costs, and for filing a certified copy of the order changing the name with the secretary of state.
SECTION 1281. What may be submitted to arbitration, and when. 1282. Submission to arbitration to be in writing.
1283. Submission may be entered as an order of the court.
1287. Award may be vacated in certain cases.
1288. Court may, on motion, modify or correct the award.
1290. If submission be revoked and an action brought,
§ 1281. (§ 380.) Persons capable of contracting may submit to arbitration any controversy which might be the subject of a civil action between them, except a question of title to real property in fee or for life. This qualification does not include questions relating merely to the partition or boundaries of real property.
2 Cal. 74; 3 Cal. 431; 4 Cal. 1, 205; 21 Cal. 317; 23 Cal. 275; 30 Cal. 218; 37 Cal. 197.
§ 1282. (§ 381.) The submission to arbitration must be in writing, and may be to one or more persons.
4 Cal. 1; 9 Cal. 142; 14 Cal. 390.
§ 1283. (§ 362.) It may be stipulated in the submission, that it be entered as an order of the county court, or of the district court, for which purpose it must be filed with the clerk of the county where the parties, or one of them, reside. The clerk must thereupon enter in his register of actions a note of the submission, with the names of the parties, the names of
the arbitrators, the date of the submission, when filed, and the time limited by the submission, if any, within which the award must be made. When so entered, the submission cannot be revoked without the consent of both parties. The arbitrators may be compelled by the court to make an award, and the award may be enforced by the court in the same manner as a judgment. If the submission is not made an order of the court, it may be revoked at any time before the award is made.
2 Cal. 74 4 Cal. 122; 14 Cal. 390; 30 Cal. 218; 31 Cal. 128.
1284. (6 383.) Arbitrators have power to appoint a time and place for hearing, to adjourn from time to time, to administer oaths to witnesses, to hear the allegations and evidence of the parties and to make an award thereon.
123 Cal. 365; 30 Cal. 218.
1285. (§ 384.) All the arbitrators must meet and act together during the investigation; but when met, a majority may determine any question. Before acting, they must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation to the matters in controversy, and to make a just award according to their understanding.
§ 1286. (§ 385.) The award must be in writing, signed by the arbitrators, or a majority of them, and delivered to the parties. When the submission is made an order of the court, the award must be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a party, and on filing an affidavit, showing that notice of filing the award has been served on the adverse party or his attorney, at least four days prior to such application, and that no order staying the entry of judgment has been served, the award must be entered by the clerk in the judgment book, and thereupon has the effect of a judgment.
2 Cal. 74; 14 Cal. 390; 31 Cal. 128; 37 Cal, 197.
1287. (§ 386.) The court, on motion, may vacate the award upon either of the following grounds, and may order a new hearing before the same arbitrators, or not, in its discretion: 1. That it was procured by corruption or fraud.
2. That the arbitrators were guilty of misconduct, or committed gross error in refusing, on cause shown, to postpone the hearing, or in refusing to hear pertinent evidence, or otherwise acted improperly, in a manner by which the rights of the party were prejudiced.
3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted, to consider a part of the matters submitted to them; or that the award is indefinite, or cannot be performed.
3 Cal. 431; 7 Cal. 312; 12 Cal. 331; 21 Cal. 317; 31 Cal. 128.
§ 1288. (6 387.) The court may, on motion, modify or correct the award, where it appears:
1. That there was a miscalculation in figures upon which it was made, or that there is a mistake in the description of some person or property therein.
2. When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not affect the decision on the matters submitted.
3. When the award, though imperfect in form, could have been amended if it had been a verdict, or the imperfection disregarded.
§ 1289. (§ 388.) The decision upon the motion is subject to appeal in the same manner as an order which is subject to appeal in a civil action; but the judgment entered before a motion made cannot be subject to appeal.
§ 1290. (§ 389.) If a submission to arbitration be revoked, and an action be brought therefor, the amount to be recovered can only be the costs and damages sustained in preparing for and attending the arbitration.