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of the twelfth judicial district, of the state of California, in and for the city and county of San Francisco, the said court being a court of record, having common law jurisdiction, and a clerk and seal, and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the directions and requisitions of the act of Congress of the United States of America, entitled “An Act to establish an Uniform Rule of Naturalization, and to repeal the acts heretofore passed on that subject,” and of the several acts in relation thereto :
And the said Pierre Martin, having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths, as are by the said acts required: thereupon it was ordered by the said District Court that the said Pierre Martin be admitted, and he was accordingly admitted, by said court to be a citizen of the United States of America.
Attest, WILLIAM DUER, Clerk.
By JAS. B. McMINN, Deputy Clerk. Signature, PIERRE MARTIN.
City and County of San Francisco, ss: , William Duer, clerk of the District Court of the twelfth judicial district of the state of California, in and for the city and county of San Francisco, being a court of record, having common law jurisdiction, and a clerk and seal, do certify that the above is a true copy of the original certificate of citizenship, to Pierre Martin, on his application to become a citizen of the United States, remaining in my office, upon the records of said court. In testimony whereof, the seal of said court is hereunto [L. S.] affixed, this tenth day of June, in the year of our Lord - one thousand eight hundred and fifty-nine, in the year of our independence the eighty-third. Per Curiam, WILLIAM DUER, Clerk. By W.M. R. SATTERLEE, Deputy Clerk.
Declaration of Intention to become a Citizen for Three Years Apast.
I, M. N., do declare, on oath, that it is bona fide my intention, and has been for the last three years, to become a citizen of the United States, and to renounce forever all allegiance to all and every ...; Fo potentate, state, and sovereignty, whatever, and particularly to Victoria, Queen of Great Britain and Ireland.
Sworn, &c. M. N.
Affidavit of Alien under Eighteen Years of Age at the time of his Arrival.
State of California,
City and County of San Francisco,
M. N., being duly sworn, says, that, for the continued term of five years last past, he has resided within the United States, without being at any time, during the said five years, out of the territory of the United States, and that for one year last past, he has resided within the state of California; and that, at the time he so arrived in the United States, he had not attained his eighteenth year. M. §
Sworn in open court, this day of
of , 18 , before me, J. C.,
f Clerk of the District Court of the Northern District of CaliOl'Illa.
CHA PTE R xx.
THE constitution declares, that the legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
In pursuance of this provision, the legislature have passed the following statute:
ACT OF APRIL 21, 1851, To EXEMPT THE HOMESTEAD AND OTHER PROPERTY FROM FORCED o SALES IN CERTAIN CASES, SECTION 1. The homestead, consisting of a quantity of land, together with the dwelling-house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the owner thereof, shall not be subject to forced sale on execution or on any other final process from a court, for any debt or liability contracted or incurred after thirty days from the passage of this act, or if contracted or incurred at any time in any other place than in this state. SEC. 2. Such exemption shall not extend to any mechanic's, laborer's or vendor's lien, or to any mortgage, lawfully obtained; but no mortgage, sale, or alienation of any kind whatever of such land by the owner thereof, if a married man, shall be valid without the signature of the wife to the same, acknowledged by her separately and apart from her husband; provided, that the wife be a resident of this state, and that such signature and acknowledgment shall not be necessary to the validity of the mortgage upon the land, executed before it became the homestead of the debtor, or executed to secure the payment of the purchase money. Sec. 3. Whenever any levy shall be made upon the land or tenements of a householder, whose homestead has not been selected or set apart, such householder may notify the officer at the time of making such levy of what he regards as his homestead, with a description thereof, and the remainder alone shall be subject to sale under such levy. SEC. 4. If the plaintiff in execution shall be dissatisfied with the lands and tenements selected and set apart as aforesaid, the matter shall be submitted to two appraisers, one to be selected by the plaintiff and the other by the defendant, who shall determine whether such land and tenements exceed in value the sum of five thousand dollars. If the appraisers so chosen cannot agree, they shall appoint a third person to decide between them. If they cannot agree in the choice of a third person, he shall be named by the officer. SEC. 5. If the land selected as a homestead consist of a lot containing twenty-five hundred square yards or less, and the appraisers shall certify to the officer that such lot exceeds in value the sum of five thousand dollars, the said officer may proceed to sell such excess, or the whole, at the option of the defendant in execution, in the manner provided in other cases for the sale of real property nnder execution. In case the excess only is sold, then such proceeds shall be applied to the satisfaction of the execution; and in case the whole amount of the property is sold, five thousand dollars of the proceeds of such sale shall be paid to the defendant in execution, and the excess shall be applied to the satisfaction of the execution; provided, that no bid shall be received for a less sum than five thousand dollars. SEC. 6. In any case where the land selected and claimed as a home shall exceed in extent twenty-five hundred square yards, and if the appraisers be of opinion that such land, together with the dwelling-house and its appurtenances, exceed in value the sum of five thousand dollars, they shall set apart a portion thereof, in a compact form, including the dwelling-house, if possible, as the homestead; such homestead shall be, as near as may be, of the value of five thousand dollars, and the said appraisers shall cause the same to be surveyed. The expenses of such survey shall be chargeable on the execution and collected thereon. SEC. 7. After the survey shall have been made, the officer making the levy may sell the property levied upon and not included in the survey, as in cases of other sales of real estate under execution; and in giving a deed for the same he may describe it
bounds, according to the certificate of survey, the quantity set
* Wood's Dig. art. 953; Prac. Act, 219.