TITLE VI. Wills. CHAPTER I. EXECUTION AND REVOCATION OF WILLS. SEC. 1275. 1313. Who may take by will. Restriction on devise for charitable purposes. Who may take by will. § 1275. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except that corporations other than counties, municipal corporations, and corporations formed for scientific, literary, or solely educational or hospital purposes, can not take under a will, unless expressly authorized by statute; subject, however, to the provisions of section thirteen hundred and thirteen. Amended March 21, 1905; stats. 1905, p. 605. 59 Cal. 131; 60 Cal. 309; 63 Cal. 621; 123 Cal. 624. NOTE. § 1275. The change consists in the insertion of the word "that" before "corporations," and in the insertion of the words "counties, municipal corporations and corporations" after "than." The amendement in substance incorporates into the section the provisions of the act of 1881, page 2, authorizing the several counties, cities and counties, cities and towns of the state, to receive property by gift, bequest and devise. Restriction on devise for charitable purposes. § 1313. No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society, or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator; and if so made, at least thirty days prior to such death, such devise or legacy, and each of them, shall be valid; provided, that no such devises or bequests shall collectively exceed one third of the estate of the testator leaving legal heirs, and in such case a pro rata deduction from such devises or bequests shall be made so as to reduce the aggregate thereof to one third of such estate; and all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law. Enacted March 18, 1874; amendts. 1873-4, p. 275. 58 Cal. 470; 63 Cal. 622; 94 Cal. 378; 98 Cal. 606; 105 Cal. 647; 123 Cal. 624; 126 Cal. 301; 127 Cal. 96; 128 Cal. 12; 138 Cal. 434; 150 Cal. 605; 152 Cal. 328, 329, 330; XXXVI Cal. Dec. 151. TITLE X. [Title X added March 13, 1909; stats. 1909, p. 313.] Location of Mining Claims, Tunnel Rights, and Mill Sites. (For incorporation of mining companies, see Civ. C. § 586 et seq.; see, also, "Mines and Mining," statutes at large, Appendix.) SEC. 1426. Lode claims, how located. 1426a. Boundaries. 1426b. Record of location, lode claim. 1426c. Placer claim, location of. 1426d. Record of location, placer claim. 1426f. Boundaries of tunnel location. 1426g. Record of location, tunnel claim. 1426h. Amended notice of mining claim.. 1426i. Surveyed claims. 1426j. Mill site, location of. 1426k. Record of location, mill site. 14261. Yearly work required, mining claim. 1426m. Record of work. 1426n. Recorder's fee. 14260. Delinquent co-owners, notice to; payment by delin quents. 1426p. Records to be received in evidence. 1426q. Copies of records as evidence. 1426r. Effect on mining districts. 14268. Neglect to perform development work. Lode claims, how located. § 1426. Any person, a citizen of the United States, or who has declared his intention to become such, who discovers a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit, may locate a claim upon such vein or lode, by defining the boundaries of the claim, in the manner hereinafter described, and by posting a notice of such location, at the point of discovery, which notice must contain: First-The name of the lode or claim. SecondThe name of the locator or locators. Third-The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the claim, and the general course of the vein or lode, as near as may be. Fourth-The date of location. Fifth-Such a description of the claim by reference to some natural object, or permanent monument, as will identify the claim located. New section; added March 13, 1909; stats. 1909, p. 313; in effect July 1, 1909. Boundaries. § 1426a. The locator must define the boundaries of his claim so that they may be readily traced, and in no case shall the claim extend more than fifteen hundred feet along the course of the vein or lode, nor more than three hundred feet on either side thereof, measured from the center line of the vein at the surface. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Record of location, lode claim. § 1426b. Within thirty days after the posting of his notice of location upon a lode mining claim, the locator shall record a true copy thereof in the office of the county recorder of the county in which such claim is situated, for which service the county recorder shall receive a fee of one dollar. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Placer claim, location of. § 1426c. The location of a placer claim shall be made in the following manner: By posting thereon, upon a tree, rock in place, stone, post or monument, a notice of location, containing the name of the claim, name of locator or locators, date of location, number of feet or acreage claimed, such a description of the claim by reference to some natural object or permanent monument as will identify the claim located, and by marking the boundaries so that they may be readily traced; provided, that where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions and no other reference than those of said survey shall be required and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions shall be deemed the equivalent of marking. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Record of location, placer claim. § 1426d. Within thirty days after the posting of the notice of location of a placer claim, the locator shall record a true copy thereof in the office of the county recorder of the county in which such claim is situated, for which service the recorder shall receive a fee of one dollar. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Tunnel right, location of. § 1426e. The locator of a tunnel right or location, shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel, which must contain: First-The name of the locator or locators. Second-The date of the location. Third-The proposed course or direction of the tunnel. Fourth-A description of the tunnel, with reference to some natural object or permanent monument as shall identify the claim or tunnel right. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Boundaries of tunnel location. § 1426f. The boundary lines of the tunnel shall be established by stakes or monuments placed along the lines at an interval of not more than six hundred feet from the face or point of commencement of the tunnel to the terminus of three thousand feet therefrom. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Record of location, tunnel claim. § 1426g. Within thirty days after the posting the notice of location of the tunnel right or location, the locator shall record a true copy thereof, in the office of the county recorder of the county in which such claim is situated, for which service the recorder shall receive a fee of one dollar. New section; added March 13, 1909; stats. 1909, p. 314; in effect July 1, 1909. Amended notice of mining claim. § 1426h. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original location notice was defective, erroneous, or that the requirements of the law had not been complied with before filing; or in case the original notice was made prior to the passage of this act, and he shall be desirous of securing the benefit of this act, such locator, or his assigns, may file an additional notice, subject to the provisions of this act; provided, that such amended location notice does not interfere with the existing rights of others at the time of posting and filing such amended location notice, and no such amended location notice or the record thereof, shall preclude the claimant, or claimants from proving any such title as he or they may have held under previous locations. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. Surveyed claims. § 14261. Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral survey, or a licensed surveyor of this state, and his claim connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim, the field notes of such survey, and attaches to and files with such location notice, a certificate of the surveyor, setting forth: First, that said survey was actually made by him, giving the date thereof; Second, the name of the claim surveyed and the location thereof; Third, that the description incorporated in the declaratory statement is sufficient to identify; such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. |