SECTION 1811. Ø 1811. TITLE XII. OF SOLE TRADERS. Who may become sole traders. 1812. Notice, how given and what to contain. 1813. Petition, what to contain and when filed. 1814. May have five hundred dollars of community or 1815. Who may oppose it, and how. 1818. Oath, copy of order to be recorded. A married woman may become a sole trader by the judgment of the county court of the county in which she has resided for six months next preceding the application. Stat. 1852, 101, § 1, read: "Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations prescribed in this act." 39 Cal. 287. $ 1812. A person intending to make application to become a sole trader must publish notice of such intention in a newspaper published in the county, or if none, then in a newspaper published in an adjoining county, for four successive weeks. The notice must specify the term and the day upon which application will be made, the nature and place of the business pro posed to be conducted by her, and the name of her husband. Stat. 1862, 108, § 1, read: "Any married woman, residing within this state, desirous to avail herself of the benefit of this act, shall give notice thereof, by advertising in some public newspaper of general Circulation in the county in which she resides, for four successive weeks: provided, if any newspaper be published in said county, said publication shall be made in the paper so published in said county. Such notice shall set forth that it is her intention to make application to the district court of said county, on the day therein named, for an erder of said court, permitting her to carry on business in her own name and on her own ac count, and it shall specifically set forth the nature of the business to be carried on. On the day named in the notice, or at such further time as the court may appoint, on filing proof of publication, the court shalt proceed to examine the application, on oath, as to the reasons which induce her to make the application; and if it appear to the court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name, and on her own account, the business, trade profession or art named in the notice; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him from collecting his debt, or will occasion such result, and if it shall so appear to the court, the application shall be denied. On the hearing, witnesses may be examined on behalf of either party. Before making the order, the court or judge shall administer to the applicant the following oath: 'I, A. B., do, in presence of Almighty God, truly and solemnly swear, that this application is made in good faith, for the purpose of enabling me to support myself and my children (if the applicant have minor chiidren.) and not with any view to defraud, delay or hinder, any creditor or creditors of my husband; and that of the moneys so to be used, in said business, not more than five hundred dollars has come, either directly or indirectly from my husband, so help me God.' A certified copy of said order, with the oath indorsed thereon, shall be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose.' 22 Cal. 283; 23 Cal. 388. 1813. Ten days prior to the day named in the notice, the applicant must file a verified petition setting forth 1. That the application is made in good faith, to enable the applicant to support herself, or herself and others dependent upon her, giving their names and relation. 2. The fact of insufficient support from her husband, and the causes thereof, if known. 3. Any other grounds of application which are good causes for a divorce, with the reason why a divorce is not sought; and, 4. The nature of the business proposed to be conducted, and the capital to be invested therein, if any, and the sources from which it is derived. Vide § 1812 and note. Ø 1814. The applicant may invest in the business proposed to be conducted, a sum derived from the community property or of the separate property of the husband, not exceeding five hundred dollars. Vide § 1812 and note. Ó 1815. Any creditor of the husband may oppose the application, by filing in the court (prior to the day named in the notice) a written opposition verified, containing either 1. A specific denial of the truth of any material allegation of the petition; or setting forth, 2. That the application is made for the purpose of defrauding the opponent; or, 3. That the application is made to prevent, or will prevent him from collecting his debt. Vide § 1812 and note. Ø 1816. On the day named in the notice, or on such other day to which the hearing may be postponed by the court, the applicant must make proof of publication of the notice hereinbefore required, and the issues of fact joined, if any, must be tried as in other cases; if no issues are joined, the court must hear the proofs of the applicant and find the facts in accordance therewith. Vide § 1812 and note. § 1817. If the facts found sustain the petition, the court must render judgment authorizing the applicant to carry on in her own name and on her own account, the business specified in the notice and petition. Vide § 1812 and note. Ø 1818. The sole trader must make and file with the clerk of the court an affidavit, in the following form: I, A. B., do in the presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself, (and any dependent, such as husband, parent, sister, child or the like, naming them, if any) and not with any view to defraud, delay or hinder any creditor or creditors of my husband; and that of the moneys so to be used by me in business, not more than five hundred dollars has come either directly or indirectly from my husband. So help me God. A certified copy of the decree, with this oath endorsed thereon must be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose. Vide § 1812 and note. 7 Cal. 455. § 1819. When the judgment is made and entered, and a copy thereof, with the affidavit provided for in section 1818, duly recorded, the person therein named is entitled to carry on the business specified, in her own name, and the property, revenues, money and credits so by her invested, and the profits thereof, belong exclusively to her, and are not liable for any debts of her husband, and she, thereafter, has all the privileges of, and is liable to all legal processes provided for debtors and creditors, and may sue and be sued alone without being joined with her husband, 76provided, however, that she shall not be at liberty to carry on said business in any other county than that named in the notice provided for in § 1812, until she has recorded in such other county a copy of said judgment and affidavit.76 [Took effect March 16, 1876.] § 1820. A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children.. Stat. of 1852, p. 101, § 4, was same in substance. 1821. The husband of a sole trader is not liable for any debts contracted by her in the course of her sole trader's business, unless contracted upon his written consent. Stat. of 1852, p. 101, § 6, was substantially the same, adding the words, "nor shall his separate property be taken on execution for any debts. contracted by her." TITLE XIII. OF PROCEEDINGS IN INSOLVENCY. SECTION 1822. Statutes in relation to, continued in force. 1822. Nothing in this code affects any of the provisions of "an act for the relief of insolvent debtors and protection of |