Deed. Deeds sioner to execute a deed to the purchaser. The deed executed by said commissioner, under and in pursuance of the decree of the court, shall be valid and effectual to convey to the purchaser an absolute title in fee simple to the premises; provided, however, that before the filing of any such complaint in the Superior or any other court, it shall be necessary for such agricultural society, or any person or corporation claiming the title to such land, to prepare, sign, and properly acknowledge a good and sufficient deed or deeds sufficient to vest in the State all title, interest, or claim which such society may have in and to any land to be affected by the proceedings hereby authorized to be instituted; such deed or deeds to be conditioned that the title, claim, or interest of such society embraced in such deed or deeds shall be held by the State of California in trust for the benefit of such society; which said deed or deeds shall be deposited with the State Treasurer, in escrow. to be by him held in escrow pending the final conclusion of such proceedings in such court. If the court in which such proceedings are had shall order such land to be sold, as herein provided for, the State Treasurer shall forthwith file such deed or deeds with the County Recorder of the county, or city and county, in which such land is located. If there be any liens upon or claims against the property, the court shall order them paid out of the proceeds of sale. The residue remaining, after paying the costs and expenses of sale and such liens and claims against the property as the court may order paid, shall be paid into the state treasury, where it shall remain until required for the purchase of other property for the use of such society or association, upon the order of the State Controller; and it shall be drawn therefrom only upon authorization passed by the board of directors or trustees of such society or association, by and with the approval of the State Board of Examiners, and upon warrants duly drawn by the State Controller. If, through any defect in the proceedings, or otherwise, the title should not Board of pass, the State will indemnify the purchaser by repaying to Examiners. him the amount paid by him; provided, such purchaser or Liens. Duty of State State not liable for any expense. purchasers shall file their claim or claims for the repayment of such purchase price with the State Board of Examiners within five years after the payment of such purchase price to the State Treasurer in the first instance. The surplus of proceeds of sale, paid into the state treasury, shall be drawn out on certificate, signed by a majority of the directors, or governing body of such society or association, and also of the State Board of Examiners, stating that it is desired for the payment for other property for the use of such agricultural society; and upon receipt of such certificate, the Treasurer shall pay to the said directors, or governing body, or person designated by them, such part of such surplus as may be required for the purchase of other property. It is expressly provided that in no event shall the State be liable for the payment of any expense, interest, or attorneys' fees, incurred by any one, on any account, by or on behalf of any such agricultural society in their behalf; and it shall be incumbent on such society to make provision for the payment of the expenses, costs, attorneys' fees, and any interest that may be necessary to be paid any purchaser, by reason of repayment of any purchase money on account of failure of title to such lands; such provision for the payment of expenses, attorneys' fees, costs, and anticipated interest to be provided for prior to the issue of any summons, or order of publication in any action contemplated by this Act. SEC. 2. This Act shall take effect immediately from and after its passage. CHAPTER XXXV. An Act to add a new section to the Code of Civil Procedure of the State of California, relating to the voluntary dissolution of corporations, and to be known and numbered as section twelve hundred and thirty-four. [Approved February 25, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: dissolution 1234. If the applicant be a savings and loan association, voluntary or engaged in the business of receiving money on deposit, and of corpo there be any unclaimed deposit or dividend in its hands belong- rations. ing to a person whose whereabouts are unknown to the trustees, directors, or other officers presenting the application, the application shall set forth the name of the person making such deposit or entitled to such dividend, the time when such deposit was made or dividend declared, the residence, if known, of such person at the time of such deposit, the amount of such deposit or dividend, and the fact that the whereabouts of such person are known. The same facts shall be stated in the notice of the application given by the clerk. If, at any time before the expiration of the time of publication, any person shall file a claim to such deposit or dividend, the court shall, at the hearing and upon five days' notice to him, hear and determine his claim, and, if such claim be established, order such money to be paid to him. All such deposits or dividends not so claimed, Unclaimed or as to which no claim shall be established, shall, upon order deposits, of the court, be paid into the state treasury, accompanied with a copy of the order, which shall set forth the facts herein before required to be stated concerning such deposits or dividends; and, upon production of the Treasurer's receipt for such payment, the court may proceed to declare the corporation dissolved as in other cases. All unclaimed deposits and dividends so paid into the state treasury shall be received, invested, accounted for, and paid out, in the same manner and by the same officers as is provided by law in the case of escheated estates and in section twelve hundred and seventy-two of this Code. etc. Marriage illegal, unless Divorced CHAPTER XXXVI. An Act to amend section sixty-one of the Civil Code, relating to [Approved February 25, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section sixty-one of the Civil Code is hereby amended so as to read as follows: 61. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning, unless: 1. The former marriage has been annulled or dissolved; one year; or provided, that in case it be dissolved, the decree of divorce must have been rendered and made at least one year prior to such subsequent marriage; Absent five 2. Unless such former husband or wife was absent, and not years, etc. known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed or believed by such person to be dead, at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal. Providing CHAPTER XXXVII. An Act providing for the destruction of municipal bonds of [Approved February 26, 1897.] The People of the State of California, represented in Senate and SECTION 1. Whenever there remain in the possession of any for destruc- municipal corporations in this State, any bonds voted to be municipal issued for municipal purposes, which have been executed but tion of bonds unsold. manner of not sold and disposed of, and the sale and disposal of such bonds shall be deemed by the Board of Trustees or other governing board of such city to have become impossible or inexpedient, and that their destruction is desirable, it shall Notice and be lawful for said board to give public notice of its intention publicly to destroy such bonds by a notice published for four successive weeks in the official newspaper of said city, if there be such a paper, and otherwise, in any newspaper published and circulated in said city which may be designated by said board; such notice shall specify the time and place of such destruction. intended destruction, and the reason alleged therefor, together with a general description of the character and amount of said bonds. And it shall be lawful for said board, at the time and place and in accordance with the terms of said notice, publicly to destroy said bonds unless, at least three days prior to said time, written objections to such destruction shall be filed with the clerk of said city, signed by a majority of the legal voters of said city as appears by the vote cast at the last preceding general municipal election. bonds. SEC. 2. No further or other issue of bonds in place of those No other thus destroyed shall be made by such city, or its Board of Trus- issue of tees or other governing board, unless again authorized by a vote of the people as provided by law. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAPTER XXXVIII. An Act to amend section eight and forty-nine of an Act entitled "An Act for the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved March 26, 1895. [Approved February 26, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section eight of an Act entitled "An Act for the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved March twenty-sixth, eighteen hundred and ninety-five, is hereby amended to read as follows: entitled to Section 8. No claim shall be entitled to a vote for the election Claims of an assignee, unless such claim shall be placed on file in the vote for office of the clerk of the court in which the proceedings are assignee. pending, at least two days prior to the time appointed for the election of an assignee. All claims shall be established by a statement, showing the amount and nature of the claim, and security, if any; such statement to be verified by the claimant, his agent or attorney; provided, no claim barred by Claims the statute of limitations shall be proved or allowed against the barred. estate of an insolvent debtor for any purpose. Any person Exceptions interested in the estate of the insolvent may file exceptions to claims to the legality or good faith of any claim, by setting forth spe- led. cifically in writing, his interest in the estate, and the grounds of his objection to such claim; such specifications of exceptions to be verified by the affidavit of the party objecting, his agent or attorney, setting out among other things that such exceptions are not made for the purpose of delay, or otherwise than in good faith in the best interest of said estate. Such exceptions to be filed with the clerk of the court at least one day before may be the time appointed for the election of an assignee; and such exceptions shall be heard and disposed of by the court, on affidavit or other evidence, in a summary manner, before the election of an assignee. But the decision of the court upon the Decision of exceptions as to whether the claimant shall be entitled to vote conclusive. for an assignee shall not be conclusive upon the right of the court not shall not unless. party to participate in the assets of the insolvent, the enforcement of such right being subject to the laws of the State touching the establishment of claims against the estates of insolvents in case of dispute. No creditor or claimant, who holds any mortgage, pledge, or lien of any kind whatever, as Mortgagee security for the payment of his claim, shall be permitted to vote, vote any part of his secured claim in the election of assignee, unless he shall first have the value of such security fixed as provided in section forty-eight of this Act, or surrender to the Sheriff or receiver of the estate of the insolvent, if any receiver, all such property so mortgaged or pledged, or assign such lien to such receiver or Sheriff; such surrender or assignment of security or lien to be for the benefit of all creditors of the estate of the insolvent. The value of such security, if fixed by the court, shall be so fixed at least one day before the day appointed for the election of an assignee; in which event the claimant may prove his demand, as provided in this section, for any unsecured balance, subject to the same exceptions as all other claims. Creditor proving claims barred from action. SEC. 2. Section forty-nine of an Act entitled "An Act for the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved March twenty-sixth, eighteen hundred and ninety-five, is hereby amended to read as follows: Section 49. No creditor, proving his debt or claim, shall be allowed to maintain any suit at law or in equity therefor, against the debtor, but shall be deemed to have waived all right of action and suit against him; and all proceedings already commenced, or unsatisfied judgment already obtained thereon, shall be deemed to be discharged and surrendered thereby; and after the debtor's discharge, upon proper application and proof to the court having jurisdiction, all such proceedings shall be dismissed, and such unsatisfied judgments Valid lien. satisfied of record; provided, that no valid lien existing in good faith thereunder shall be thereby affected; and further provided, that a creditor proving his debt or claim shall not be held to have waived his right of action or suit against the debtor where a discharge has been refused or the proceedings have been determined without a discharge. And no creditor whose debt is provable under this Act shall be allowed, after the commencement of proceedings in insolvency, to prosecute to final judgment any action therefor against the debtor until the question of the debtor's discharge shall have been determined, and any such suit or proceeding shall, upon the application of the debtor or of any creditor, or the assignee, be stayed to await the determination of the court in insolvency on the question of discharge; provided, that there be no unreasonable delay |