Uniform Laws

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Uniform Laws in California

Many Uniform Acts and Model Acts are being promulgated by the National Conference or by the Uniform Law Commissioners, a national group of law professors.

Uniform Laws

In the following list of uniform and model laws, appears a comment in which are summarized the deviations from the Uniform Act, if any, found (in 1951) in the California statute.

  • Act to Secure the Attendance of Witnesses from Without a State in Criminal
    Proceedings (1931 and 193 6). In 1937 California adopted the revised form of the act but the adoption was under
    the short title of the original act.
  • Bills of Lading Act (1909)
  • Criminal Extradition Act (1926 and 1936). California adopted the revised form in 1937. The California Act adds two
    sections on commitment procedure (Pen. Code Secs. 1551.2 and 1551.3). It omits
    Sec. 24 of the Uniform Act but adds provision for costs and expenses (Sec. 1557).
  • Divorce Recognition Act (1947).’ The
    California Act expressly applies only to divorces obtained after the effective date
    of the statute.
  • Evidence Act: Business Records as Evidence Act (1936).
  • Federal Tax Lien Registration Act (1926).”1 Provides for filing and indexing
    federal tax lien notices by a state. Comment: The California statute does not purport
    to adopt the Uniform Act, but its language is followed almost verbatim. The
    only addition is that “internal revenue taxes” are specified.
  • Flag Act (1917).Again, the Uniform label is not
    adopted but the substance of the Act is embodied in the California statute.
  • Foreign Depositions Act (1920).1′ Provides for compelling witnesses to attend
    in this State under foreign depositions with the same effect as if the proceeding were
    in local courts, and by the same means.
  • Fraudulent Conveyances Act (1918).
  • Interstate Arbitration of Death Taxes Act (1943).
  • Interstate Compromise of Death Taxes Act (1943).16 Provides for compromise
    between states where more than one claims death taxes as to a particular decedent.
  • Limited Partnership Act (1916).
  • Negotiable Instruments Act (1896).The California statute
    contains an additional clause based on California community property law. (Corp.
    Code Sec. 15025(2) (e)).
  • Principal and Income Act (1931). The California statute varies in many particulars from the
    Uniform Act. The major differences are that the trustee’s discretionary determination
    of funds as principal or income is made conclusive, as is his apportionment
    of receipts and expenses (Sec. 2, Uniform Act); stock dividends from earnings are income (Secs. 3 and 5); the life tenant’s right to income is cut off as of the moment
    his estate ceases except for funds actually in the trustee’s hands (Sec. 4); the
    trustee or tenant may rely on statements of paying corporations as to the character
    of disbursements (Sec. 5(6)); but the so-called “accretion” bond redeemable at
    a future time at a sum in excess of the original consideration for its issuance is
    excepted from the premium and discount bonds of Sec. 6, so that the accretion is
    considered income. Sec. 9 is entirely recast so that where no provision is made for
    the disposition of the proceeds of the development of natural resources, then the
    net proceeds go to income where alternatively, the trustee is authorized to lease or
    develop the natural resources or he has no duty to change the form of the investment,
    whether the proceeds are received as rent or as consideration for royalties,
    or otherwise. In addition, a subsection 11A is added, apparently giving the orthodox
    rule for the proceeds of a mortgage salvage operation. Subsection 4 of Sec. 12
    eliminates the reimbursement of principal for costs or improvements which add to
    the value of the property.’
  • Proof of Statutes Act (1920). The California statute, when read with Sec. 17(7) of the same code,
    clearly includes proof of law of a territory.
  • Reciprocal Transfer Tax Act (1928).The provisions as to
    inheritance taxes were adopted here in 1927 and those for gift taxes in 1939. In each
    case, the California statute provides for exemptions only when the state of residence
    of the decedent imposes an inheritance tax on intangible personalty within
    that state when personalty is transferred to a resident of that state.
  • Sales Act (1906).7, Provides in detail the rules governing contracts of sale,
    transfer of property, title, rights of buyer and seller, etc. Secs. 32 and 38 of the act
    were amended in 1922 to provide that negotiable documents of title be fully as
    negotiable as bills of exchange. Comment: The California enactment incorporated
    the amendments of 1922.
  • Simulaneous Death Act (1940).The California
    statute adds a provision for disposition of community property where both the
    husband and wife are killed. 21
  • Stock Transfer Act (1909).
  • Trust Receipts Act (1933). Civil Code Sec. 3014.5 provides that as to automobile
    dealers the definition of a trust receipt transaction is extended to include
    the case where the trustor gives new value for the trustee’s transfer of a security
    interest in documents or goods already in the trustee’s possession. This extends the
    concept of the trust receipt transaction to include what is essentially a chattel mortgage,
    which is contrary to the basic theory of the Uniform Act. This provision also
    applies to aircraft dealers.
  • Vendor and Purchaser Risk Act (1935).
  • Veterans’ Guardianship Act (1928 and 1942). The 1945 enactment amended the previous California version of the 1928 Uniform Act to conform to the revised act, with the following exceptions: Sec. 2 of the revised
    act is onitted, as is Sec. 18(2) which gives full force and effect to orders of
    commitment by a sister state. In Sec. 10 there are many minor procedural changes,
    and an additional section, after Sec. 18 provides for filing of a certificate of competency
    for one who has been discharged.
  • Warehouse Receipts Act (1906 and 1922). California adopted the original Act in
    1909, which was amended in 1923 to include the 1922 amendments to the Uniform
    Act.

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