the twenty-third day of October, A. D. eighteen hundred and fifty -six ] and also on filing the vouchers appertaining thereto j ana also on filing the notice required by law to be given of the settlement of said account with due proof of publication or posting, as required by law; and the matter of said accounting coming on to be heard on the third day of October, A. D. eighteen hundred and fifty-six, and no one appearing to oppose; and the said account ana vouchers having been duly examined by this court and found to be correct and reasonable, for the interests of said infant;

And on motion of Messrs. Jones, Doyle, Barber & Boyd, of counsel for said guardian,

It is ordered that the said account of the said Orson A. Reynolds, guardian of the said infant, be and the same is hereby passed, approved and allowed, as tendered by him;

And it is hereby further ordered that the said guardian be allowed the commissions charged by him in 6aid account, as and for his compensation.

Dated San Francisco, November 10th, 1858.

T. W. Freelon, Probate Judge.

Bond by Guardian on the Sale of Heal Estate.

Know all men by these presents: That we, Charles Lumbard, principal, and William A. Yates and Thomas Cole, Jr., sureties, are held and firmly bound to the Probate Judge of the city and county of San Francisco, in the sum of five thousand dollars, lawful money of the United States of America, for the payment whereof well and truly to be made, we bind ourselves, our heirs, executors, administrators or assigns, jointly and severally, firmly by these presents.

Sealea with our seals, and dated this 30th day of June, 1858.

The condition of the above obligation is such, that whereas an order has been made by the Probate Court of the city and county of San Francisco, authorizing the above-named principal, as guardian of the person and estate of Sarah Morey, a minor, to sell certain real estate, the property of said minor, and bond in the sum above named has been ordered.

Now, therefore, if the said Charles Lumbard, as such guardian, shall sell the said real estate in the manner prescribed by law for sales of real estate by executors and administrators, and 6hall account for and dispose of the proceeds of the sale or sales thereof in the manner provided by law, then this obligation to be void, otherwise to remain in full force and effect.

Sealed and delivered 1 Charles Lombard, [l. S."

in presence of > William A. Yates. X. B."

Temple Emmett. ) Thomas Cole, Jr.. [l.. S.

State of California, City and County ) of San Francisco, j

Thomas Cole, Jr., and William A. Yates, being duly sworn, each for himself says, that he is a freeholder resident in this state, and is worth the said sum of five thousand dollars over and above all his just debts and liabilities, exclusive of property exempt from execution.

Sworn to before me, this 30th) William A. Yates.

D. P. Belknap,

Deputy Clerk of the Probate Court.


The within bond and sureties approved by me, this 30th day


Thomas Cole, Jr.

of June, 1858.




The rights of foreigners, as to property and their admission to citizenship, are considered in this chapter. The former are provided for under the laws of California, the latter are governed by the legislation of the United States only.

The constitution of California provides, that foreigners who are, or who may hereafter become bona fide, residents of this state, shall enjoy the same rights, in respect to the possession, enjoyment and inheritance of property, as native citizens.1

The statute of 1856 provides, that aliens or foreigners may inherit, and hold by inheritance, real and personal estate, in as full a manner as though they were native-born citizens of this or the United States, but if they are non-residents at the time of inheriting any real estate, and do not become residents in five years, the real estate is sold, and the proceeds are paid into the state treasury for their benefit, and if not claimed for five years thereafter, such proceeds escheat to the state. This statute has been adjudicated by the Supreme Court, and is declared to be in harmony with the constitutional provision."

The political rights and position of the people inhabiting California at the period of its acquisition are defined by the treaty as follows:

Article VTI. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being

'Const art I. § 17.

> Wood's Dig. art. 2866; State of Cal. r. Rogers, April Term, 1869.

subjected, on this account, to any contribution, tax or charge whatever.

Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States.

In the said territories property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy, with respect to it, guarantees equally ample as if the same belonged to citizens of the United States.

Article IX. The Mexicans, who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States), to the enjoyment of all the rights of citizens of the United States, according to the principles of the constitution; and in the mean time shall be maintained and pro tected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion, without restriction

The constitution of California, Article H., Section 1, extends the right of popular suffrage to such white male citizens of Mexico as elected to become citizens of the United States, under the treaty.

For laws regulating the rights of foreigners in the mines, see chapters on Mining Eights and Taxes.


An alien, or foreigner, being a free white person, who has resided five years in the United States and one year in the state, whose country is not at the time at war with the United States, may be naturalized, provided he has declared his intention two years previously to become a citizen of the United States; upon establishing, to the satisfaction of the court, the above facts, as to his term of residence, and also, that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same; and upon takmg the oath that he will support the constitution and renounce his former allegiance.1

The declaration of intention may be made on oath or affirmation, before a circuit or district court of the United States, or any state court having common law jurisdiction, and a seal, and a clerk, or prothonotary; or before the clerk of either of such courts. It must declare that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, or sovereignty whereof such alien may at the time be a citizen or subject.1

In the state of California, the proper state courts are the district courts, it being held that the Supreme Court has only appellate jurisdiction, and that the other courts of the state have only statutory and not common law jurisdiction.'

In every case if the applicant shall have borne any hereditary title or order of nobility, he must expressly renounce the same.'

When the applicant was a minor of eighteen years or less at the time of his arrival in the United States, he may be naturalized without having made the declaration two years previously, provided he has lived in the United States five years, including the three years of his minority, and at least one year in the state or territory where the court is held, and at the time of his admission shall make the declaration of intention; and shall further declare on oath, and prove to the satisfaction of the court that, for three years next preceding, it has been bona fide his intention to become a citizen; and shall, in all other respects, comply with the naturalization laws.4

[merged small][ocr errors]
« ForrigeFortsett »