permitting the public administrator to summarily sell any personal property belonging to the deceased, and to withdraw any money that the deceased may have on deposit with any bank, and to collect any indebtedness or claim that may be owing to or due the deceased. If upon such application it appears to the court by competent evidence, that the total value of the estate of the deceased is less than seventy-five dollars, the judge shall make an order granting the application and there shall be no administration upon the estate of the deceased unless additional estate be found or discovered. No notice of the application need be given and no fee shall be charged by the clerk of the court or the public administrator or his attorney for the filing of said application, or for any duty or service of the clerk or public administrator or his attorney connected therewith. Upon the sale of the personal property of the deceased, or the collection of any money, claim or indebtedness by the public administrator under said order the public administrator shall use the same for the expenses of the burial of the deceased. The public administrator shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount received from the sale of any personal property, and the disposition of the property of the deceased, and shall file with the clerk vouchers showing what disposition was made of the said property or the proceeds thereof. [New section approved April 12, 1911; Stats. 1911, p. 898.]

§ 1751.

Citations. Cal. 156/244.

§ 1763.

Citations. App. 11/605.

Appointment of guardian for incompetent person.

§ 1764. If, after a full hearing and examination upon such petition, it appears to the court that the person in question is incapable of taking care of himself and managing his property, such court must appoint a guardian of his person and estate or person or estate, with the powers and duties in this chapter specified. [Amendment approved April 27, 1911; Stats. 1911, p. 1190.]

Citations. App. 11/606.

Powers and duties of guardians.

§ 1765. Every guardian appointed, as provided in the preceding section, has the care and custody of the person of his ward and the management of all his estate, or the care and custody of the person of his ward or the management of all his estate, according to the order of appointment, until such guardian is legally discharged, and he must give bond to such ward in like manner and with like conditions as before prescribed with respect to the guardian of a minor. [Amendment approved April 27, 1911; Stats. 1911, p. 1191.]

§ 1768.

Citations. App. 18/254.

§ 1770.

Citations. App. 18/254.

§ 1792.

Citations. App. 13/254.

§ 1808.

Citations. Cal. 158/8.

§ 1810.

Citations. Cal. 156/91; 158/5.

Conveyance by guardian.

§ 1810a. When a person who is bound by contract in writing to convey any real estate, or to transfer any personal property, dies before making conveyance or transfer, and in all cases when such decedent, if living might be compelled to make such conveyance or transfer, the court, having jurisdiction of the guardianship proceedings of such minor may make a decree authorizing and directing the guardian of any minor, who has succeeded by distribution to the estate of such deceased person, to convey or transfer such real estate or personal property to the person entitled thereto. [New section approved March 15, 1911; Stats. 1911, p. 367.]

§ 1826.

Citations. Cal. 158/622.

§ 1833.

Citations. App. 12/70.

§ 1835.

Citations. Cal. 158/622.

§ 1844.

Citations. Cal. 157/541.

§ 1845.

Citations. App. 8/123.

§ 1847.

Citations. Cal. 157/542; 158/65, 689. App. 9/132; 11/467, 555; 12/95, 14/238, 432, 580.

Citations. App. 9/671; 10/754; 11/631; 13/343, 458.

§ 1858.

Citations. Cal. 155/14. App. 8/503; 18/615.

§ 1859.

Citations. Cal. 155/14.

§ 1860.

Citations. App. 11/631.

§ 1861.

Citations. App. 14/466.

§ 1864.

Citations. App. 8/575.

§ 1869.

Citations. Cal. 158/576.

§ 1870.

Citations. Cal. 157/568; (subd. 2) 156/642; (subd. 8) 157/311; (subd. 4) 157/565; (subd. 9) 157/44; (subd. 10) 156/233; 157/312. App. 11/708; 13/701; (subd. 10) 11/620; (subd. 12) 8/633; 10/201.

§ 1875.

Citations. Cal. (subd. 2) 158/498; (subd. 3) 158/134. App. 9/35; 11/335,

734.

§ 1880.

Citations. App. 8/743, 744; 10/229.

Cases in which witnesses may not be examined.

§ 1881. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases:

1. A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceedings for a crime committed by one against the other; or in an action brought by husband or wife against another person for the alienation of the affections of either husband or wife or in an action for damages against another person for adultery committed by either husband or wife.

2. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of his employer, concerning any fact the knowledge of which has been acquired in such capacity.

3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the ehurch to which he belongs.

4. A licensed physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient; provided, however, that after the death of the patient, the executor of his will, or the administrator of his estate, or the surviving spouse of the deceased, or, if there be no surviving spouse, the children of the deceased personally, or, if minors, by their guardian, may give such consent, in any action or proceeding brought to recover lamages on account of the death of the patient, caused by the negligent or wrongful act of another.

5. A public officer cannot be examined as to communications made to him in official confidence, when the public interest would suffer by the disclosure. [Amendment approved April 26, 1911; Stats. 1911, p. 1135.] Citations. Cal. (subd. 2) 156/263, 602; (subd. 4) 156/232. App. 12/195. § 1894.

Citations. Cal. 155/200. App. 13/627.

§ 1900.

Citations. App. 12/642.

§ 1901.

Citations. App. 12/642.

§ 1928. A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of this state, acknowledged and recorded in the office of the recorder of the county wherein the real property therein described is situated, or the record of such deed, or a certified copy of such record is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in such deed. [New section added March 21, 1911; Stats. 1911, p. 423.]

§ 1933.

Citations. App. 12/579.

§ 1937.

Citations. App. 13/206.

§ 1940.

Citations. Oal. 155/550.

§ 1943.

Citations. App. 13/684.