Notice of

be given.

Section 13. Notice of hearing to be given; any one may appear and object; costs.

SEC. 13. When the time and place for hearing the applicahearing to tion is fixed by the court, notice thereof shall be given to all parties interested, as shown by the petition and the abstract or referee's report, and to the husband or wife of the applicant, if married, and the owners of adjoining lands, in the same manner as the service of a summons in a civil action, and by publication for at least four weeks, in some newspaper of general circulation, to be designated by the court; provided, that no copy of abstract or map need be served with the petition. Any person interested may appear and object to the granting of the application, and if such objection is sustained, the costs of the same shall be paid by the applicant; if not, by the person so objecting. The time for appearance after service shall be the same as in the case of a civil action.

Any one may appear and object; costs.

Upon the hearing the court

dence on

Section 14. Upon the hearing the court to take evidence on the allegations of petition; and may adjourn hearing.

SEC. 14. Upon the day set for the hearing of the application, or at such time as the same may be continued to, the court shall to take evi- cause examination to be made into the applicant's title to the the allega land in question, and shall hear testimony as to the allegations tions of pe of the petition, or of any objections thereto; and if any defects are found in the application, or in the applicant's title to the land, or if any of the allegations of the petition are found to be untrue, or any objections to said petition are sustained, the court may dismiss such application, or may give the applicant such further time as the court may deem reasonable, before finally passing upon his application.

tition; and may adjourn hearing.

Decree setting forth

title.

Registrar

to issue certificate

of title

Section 15. Decree setting forth title to be made by court on granting application.

SEC. 15. If it shall be made to appear, to the satisfaction of the court, that the notice required by section thirteen has been duly given and served; that the facts stated in the application are true, and that the applicant is the owner of the land, or interested therein, as set forth in the petition, the court shall duly make, give and enter a decree to that effect, which said decree shall contain an accurate description of the property in question, with a diagram thereof, and also shall set forth all liens and incumbrances on said land, with the name of the holder thereof, and the nature, amount, and order of the same, and, if recorded, the 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. Section 16. Registrar to issue certificate of title upon filing of certified copy of decree.

SEC. 16. A certified copy of such decree shall be filed in the office of the registrar, who shall thereupon issue a certificate of of certified title to the person entitled thereto as shown by said decree, and shall proceed to bring said land under the operation of this

upon filing

copy of decree.

Act, as herein provided. Said certificate shall contain the description of the property set forth in the decree, and shall also show the nature, amount, and order of the liens thereon.

Section 17.

Decree to be in rem, and conclusive.

be in rem,

SEC. 17. The decree of the court ordering registration shall Decree to be in the nature of a decree in rem, and shall be final and con- and conclusive as against the rights of every and all persons, known clusive. and unknown, to assert any estate, interest, claim, lien, or demand of any nature or kind whatever, against the land so ordered registered, except as provided in this Act.

Section 18. Court to appoint referee; compensation of searcher and of referee.

referee.

SEC. 18. Upon the filing of the petition the court may Court to appoint a referee to examine and report upon the abstract appoint accompanying the same. Such referee shall be an attorney in good standing, skilled in the examination of titles, of not less than three years' practice at the bar of the court so appointing him. The compensation of the searcher and of the referee Compensashall be fixed by the court, or agreed upon between themselves searcher and the applicant, and shall be paid by the applicant as a part and of of the costs of the proceeding.

Section 19. Written opinion of referee to be filed before decree

made.

tion of

referee.

referee to

fore decree

SEC. 19. Whenever such abstract shall be made and such written referee appointed, no decree shall be entered by the court until opinion of the written opinion of such referee shall be filed in the pro- be filed beceeding, showing the nature of the applicant's title to the land; made. and if the same is subject to any lesser estate, mortgage, lien, or charge, particularly specifying the same and the priority thereof. The estate of homestead shall be included in the term "lesser estate."

draw ap

Section 20. Applicant may withdraw application upon payment of fees at any time prior to issuance of certificate of title. SEC. 20. Any applicant may, upon payment of all fees due, Applicant withdraw his application for registration at any time prior to may withthe issuing of a certificate of title; and upon the written plication. request of such applicant and the order of the court, the clerk shall return to the applicant all abstracts of title, deeds, and other instruments, except depositions or affidavits deposited by him for the purpose of supporting his application.

Section 21. On transfer of interest or death of applicant, proceedings may be continued.

interest or

SEC. 21. In case of the death or any disability of the appli- on transcant, the court, on motion, may allow the proceeding to be con- fer of tinued by or against his representative or successor in interest. death of In case of any other transfer of interest the proceeding may be continued in the name of the original applicant, or the

applicant.

Registrar to keep

particulars

court may allow the person to whom the transfer is made to be substituted in the proceeding.

Section 22. Registrar to keep record of particulars of issuance. SEC. 22. The registrar shall immediately, upon the registrarecord of tion of any land, make an entry in a book kept by him for that Dars 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.

Certificate to be in duplicate.

Contents.

Form of

Section 23. Certificate of title to be in duplicate; its contents; original to be retained by registrar.

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 be under the hand and official seal of the registrar, one copy of which shall 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. It shall state whether the owner, except in the case of a corporation, executor, administrator, assignee, or other trustee, is married or not married, and 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 intestate; if to an assignee in insolvency, the name of the insolvent. 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, incumbrances, and charges to which the owner's title is subject.

Section 24. Form of certificate.

SEC. 24. No particular form of certificate of title is required, certificate. but the same may be, subject to such changes as the case may require, substantially in the following form:

A. B. (state occupation and residence, giving street and number), 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 or 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 contained in the decree). Subject, however, to the estates, easements, liens, incumbrances, and charges hereunder noted. (In case of trust, condition, or limitation, say "in trust," or "upon condition," or "with limitation," as the case may be.)

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

day of

Section 25. Tenants in common may receive each a certificate.

SEC. 25. In all cases where two or more persons are entitled Tenants in as tenants in common to an estate in registered land, such common. persons may receive one certificate for the entirety, or each may receive a separate certificate for his undivided share.

Section 26. Registered owner may consolidate several or divide.

up one certificate.

consoli

several or

one certifi

SEC. 26. Upon the application of any registered owner of Registered land held under separate certificates of title, or under one certifi- owner may cate, and delivering up of such certificate or certificates of title, date the registrar may issue to such owner a single certificate of title divide up for the whole of such land, or several certificates, each con- cate. taining a portion of such land, in accordance with such application, and as far as the same may be done consistently with any regulations 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 indorse on the last previous certificate of title of such land so delivered up a memorial, setting forth the occasion of such cancellation and referring to the volume and folium of the new certificate or certificates of title so issued.

Section 27. Certificate may be issued by order of court in lieu of lost duplicate; proceedings therefor.

place a lost

SEC. 27. In the event of a duplicate certificate of title being Proceedlost, mislaid, or destroyed, the owner may apply to the court ings to refor an order upon the registrar to issue a certified copy of the certificate. original certificate of registration. Upon the hearing of such application, 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 the 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 thereupon issue to such applicant a certified

Change of

descrip

tion.

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 mark 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 certificate by the registrar.

Section 28. Change of name or of description to be noted on order of court.

SEC. 28. If an owner's name or description is incorrectly name or of registered, or becomes changed (e. g. by marriage, adoption, divorce, 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.

Original

to be

register.

Section 29.

THE REGISTER OF TITLES.

Original certificate to be entered in register; memorials to be on latest certificate.

SEC. 29. The registrar shall keep a book, to be known as certificate the "Register of Titles," wherein he shall enter all original entered in certificates of title, in the order of their numbers, with appropriate blanks for the entry of memorials and notations allowed by this Act. Each certificate, with such blanks, shall constiMemorials tute a separate folium of such book. All memorials and notations that may be entered upon the register under the terms of this Act shall 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.

to be on latest certificate.

Receipt for

certificate.

Section 30. Receipt to be given for duplicate certificate on its issuance.

SEC. 30. Before the delivery of any duplicate certificate duplicate of title, a receipt for it shall be required, to be signed by the owner. Where such receipt is signed in the presence of the registrar or a deputy, it shall be witnessed by such officer. If signed elsewhere, it shall be acknowledged before any officer authorized to take acknowledgments of deeds.