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general or special letters are granted it must be shown to the Court that such locally resident heir has had notice of the application.

Rule 13. Requirements as to Particularity of Inventory and Appraisement. Where land inventoried is improved, particulars as to the nature and description of the improvements must be given (e. g., "The improvements on said parcel of realty consist of a two-story frame dwelling with basement known as No. street"). The land

and the improvements thereon must be separately valued, and the total of the separate values carried out as the appraisement of the land and premises. Where land is unimproved that fact must be stated. Where there is a mortgage existing against property (real or personal) that fact, with the amount, name of the mortgagee, and date and place of recordation must be stated. Moneys belonging to a decedent must be identified by a statement as to the custody of the same, and if deposited in bank, the name of the bank with the exact title or designation of the deposit account.

Rule 14. Filing of Affidavit as to Notice to Creditors.-When publication of notice to creditors is completed, the administrator or executor must file without delay the affidavit of such publication required by law (C. C. P., secs. 2010, 2011, cum sec. 1492.)

Rule 15. Particularities as to Accounts and Final Accounts.—In all accounts, or in a report accompanying the same, it should appear whether or not moneys received by the administrator or executor, or coming under his control, have been deposited in any savings bank (or other bank giving interest on moneys deposited); or otherwise invested at interest; and if not, the reasons therefor. In this connection any existing investments of the decedent at the time of his death should be stated and described, and the changes or transformations of same (if any).

Interest, dividends, or income received or declared on property subsequent to the decedent's death should not be stated in a lump sum only, but particulars of the same should be given, namely: (1) the date of receipt of each separate item of interest, dividend or other income (such as rents), (2) for what period, (3) upon what particular property, and (4) from whom received.

In all final accounts (C. C. P., sec. 1634), whether or not a petition for distribution is filed therewith, the legal commissions of the administrator or executor must not be stated in the aggregate only, but the particulars of the calculation proving such aggregate sum must be set forth. For example: "Legal Commissions of Administrator (or Executor) upon the total amount of estate accounted for" (C. C. P., sec. 1618), $21,000 as follows:

1 For commissions of administrators under present law see page 975.

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Rule 16. As to Disbursement Items in Accounts.-Each item of disbursement in every account should indicate the number of the voucher for such item, the particular voucher to bear the corresponding number.

Rule 16a. Notice to be Given Treasurer of the Hearing of Matters Involving the Inheritance Tax.-Written notice of the hearing of petitions for partial distribution and for final distribution shall be given to the Treasurer of the City and County of San Francisco at least five days prior to the hearing thereof in all estates where no appraisement has been had under the provisions of the inheritance tax act, approved March 20, 1905, and proof of the giving of such notice shall be made. before such hearing is had; unless the receipt of the Treasurer evidencing payment of said tax is produced at such hearing.

Rule 17. Bonds on Partial Distribution to be Filed.-Bonds given and approved on partial distribution (C. C. P., secs. 1661, 1663), or a copy thereof certified as correct by the attorney for the administrator or executor, should be filed in the matter of the estate immediately after approval, as a record for the information and protection of the Court and persons interested (C. C. P., sec. 1662; end of sec. 1663).

Rule 18. Requisite of Proper Service of "Citations."-In all proceedings upon which "Citations" are required to be issued, the service of the issued citation must be accompanied by service of a copy of the petition, application, or other paper upon which the issuance of the "Citation" is founded or ordered.

Rule 19. Rules 9, 10, and 12 as Applicable to Specific Sections of Probate Statutes-Notice as to Accounts of Trustees-Disposition of Life Estates and Homesteads-Petitions for Letters of Guardianship of Minors or Incompetents-Restoration to Capacity.-In the proceed

ings provided for in Sections 1699, 1723, 1747, 1763 and 1766 of the Code of Civil Procedure, the Court requires and will exact in addition to the statutory notice, the service of written notice as prescribed in Rules 9, 10, and 12 hereinabove, which rules shall be deemed applicable to said proceedings under C. C. P., Sections 1699, 1723, 1747, 1763 and 1766, and for the purposes of this Rule the petition or initiative paper in such proceeding shall set forth the name and special address (so far as known or ascertainable) of every person interested in such proceeding who is a resident of the City and County of San Francisco, in furtherance of any special statutory requirement.

Rule 20. Requisites upon Applications for Decree of Discharge.— Application for a decree of final discharge (C. C. P., sec. 1697), or other discharge, must be accompanied by the written receipts of the distributees of the estate, or other parties entitled, the payment or delivery of the property to whom is the basis of the application. The signatures to such receipts must be authenticated by a subscribing witness, or acknowledged before an official authorized to take acknowledgments of writings; reserving the necessity in any given case of such special proof of the fact of payment as may be required by the Court. Such receipts must be filed at the time of filing the decree. Such applications must also be accompanied by the original order or decree under which the payments or delivery of property were made; provided, however, that where such order or decree distributes real property, and nothing more, the requirements of this rule may not or may be applicable as shall appear to the Court.

Rule 21. Guardianship Proceedings-Rules 13, 15, 16, and 20, as Applicable to Guardianships.-The requirements of Rules 13, 15, 16, and 20, above, apply as to Inventories and Appraisements, and Accountings, and Applications for Discharge, in guardianship proceedings (C. C. P., sec. 1754, subds. 1, 3; secs. 1758, 1773, 1774, 1794, 1795, 1799, 1801, 1802, 1805, 1808); excepting that the provision of Rule 15 as to "commissions" of an administrator or executor does not apply to guardians (C. C. P., sec. 1776).

Rule 22. Rules 8-11, 17-19, as Applying to Guardianships.-Rules 8 to 11, 17 to 19, shall apply to guardianship proceedings (C. C. P., secs. 1747-1810), unless the theory of any of such rules shall in the particular case appear to be inapplicable. (C. C. P., sec. 1808.)

Rule 23. Interest on Deposits by Public Administrator.-Whenever the Public Administrator deposits the money of any estate upon which he is administering with any corporation authorized to do business under the act of April 6, 1901, and the act of 1897 amendatory thereof (Amendments and Statutes of 1897, p. 424), he shall, at the time of opening his account with such corporation, make an agreement with the corporation that such money shall bear interest at the rate currently paid by savings banks of the City and County of San Francisco upon ordinary deposits, subject to such reasonable con

ditions to be approved by the Court as may be required by such corporation.

REQUIREMENTS OF CERTAIN ORDERS IN PROBATE.

It is recommended to practitioners in probate to set out in their orders admitting a will to probate or appointing an administrator a brief description of the property, segregating the real from the personal estate.

Where land is improved, the nature and description of the improvements should be given (e. g., "The improvements on said parcel of realty consist of a two-story frame dwelling with basement known as No....... Street"). The value of the improvements thereon should be separately estimated, and the total of the separate values carried out as the estimated value of the land and premises. Where land is unimproved, that fact should be stated. Where there is a mortgage existing against property (real or personal), that fact, with the amount, name of the mortgagee, and date and place of recordation should be stated. Money belonging to a decedent should be identified by a statement as to the custody of the same, and if deposited in bank, the name of the bank with the exact title or designation of the deposit account.

In all orders of sale and confirmation, as well as in orders appointing an executor or administrator, the names of the witnesses examined should be recited and the names of the attorney or attorneys actually appearing at the hearing should be inserted in the orders.

The name and office address of the attorney or attorneys of record should also be indorsed on each paper filed.

CRIMINAL.

Rule 1. Bonds.-Hereafter, in this department of the Superior Court, bonds will be approved only in open Court or in Chambers, and during the hours that the Court is in session. When any bond is submitted for approval, the sureties must be present and the Judge examine them. In case any surety proposed is not personally known to the Judge of the Court, satisfactory evidence of his identity must be furnished. In all cases the testimony of the sureties upon their examination touching their qualifications as sureties will be taken down in shorthand by the official reporter of the Court and reduced to writing, and, if the bond is approved, must be signed by the sureties. The bond must be in the usual form and must contain a sufficient description of the property of the sureties, a statement of its value, and a statement as to whether there are any encumbrances upon it or not.

Rule 2. Motions.-Motions for new trial or in arrest of judgment must be made on the day fixed by the Court in rendering judgment in the case.

Rule 3. Motion to Reduce Grade of Offense.-The Supreme Court of this State has held that, when the testimony in a criminal case

has been taken down and returned by the committing magistrate, the responsibility is thrown upon the District Attorney to determine therefrom the offense to be charged.

People vs. Lee Ah Chuck, 66 Cal. 665;
People vs. Vierra, 67 id. 234;

People vs. Giancoli, 74 id. 646.

It thus appearing to be the plain duty of the District Attorney to determine from the testimony taken at the preliminary examination, and in advance of the filing of an information, what offense has been committed, the Court will not hereafter entertain any motion to reduce the grade of the offense of which any person stands charged, whether the same be a higher or lower grade of offense than that for which the accused person has been held to answer by the committing magistrate, but, on the contrary, law matters excepted, will send every case to a jury upon the charge preferred in the information, save only when the accused person has pleaded guilty as charged."

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RULES SUPERIOR COURT-LOS ANGELES

COUNTY.

Rule 1. Departments.-The Superior Court will, ordinarily, hold as many sessions at the same time as there are Judges of the court; and for such purpose, and for the purpose of the more convenient classification and distribution of the business, the court is hereby divided into twelve Departments, and the Judges thereof are assigned to the several Departments as follows:

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Rule 2. Interchange of Judges.-The Judges of the Departments will interchange with each other, or act for each other, on request, or on the failure of either one of the Judges to attend at the time the Department of the court in which he shall preside should be opened and held by such Judge.

Rule 3. Organization of Business-1. Presiding Judge.-The division of the business of this court among its various Departments shall be supervised by one of the Judges, who shall be known as the pre

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