s ■ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY C ar.foirntp. Ltu,S, S?tf u f f} ? / e , GENERAL LAWS OF CALIFORNIA. AS AMENDED UP TO THE END OF THE EXTRA SESSION OF 1906 CONTAINING THE LAWS THAT ARE IN COMMON USE IN FULL. WITH REFERENCES TO OTHER GENERAL LAWS IN FORCE, AND ALSO TO SPECIAL LAWS, WITH STATUTORY HISTORY AND CITATIONS UP TO AND INCLUDING VOLUME 147, CALIFORNIA RFPORTS. EDITED BY JAMES H. DEERING, Of the San Francisco Bar. STATUTORY HISTORY AND CITATION DIGEST BY ' WALTER S BRANN, Of the San Francisco Bar. CONSOLIDATED AND EDITED TO INCLUDE ' EXTRA SESSION OF 1906, BY R M. SIMS, Of the San Francisco Bar. SAN FRANCISCO: BANCROFT WHITNEY COMPANY, Law Publishers and Law Booksellers. 1906. C 23 3k <^Wuf Copyright 10(13. BANCROFT-WHITNEY COMPANY. Copyright 1906. BANCiLOFT-WHITNEY COMPANY. BAN FRANCISCO: THE FILMER BROTHERS ELECTROTYPE CO., Typographers and Stereotypera. 1906. PREFACE. We desire to call attention to the system of numbering each of the acts of the legislature referred to and pub- lished in this book. The purpose of so numbering them is to provide a convenient system of citing these laws. By citing them by number much time and confusion will be saved. This method of numbering the statutes has been fol- lowed in several of the eastern states, and has resulted in great simplicity and certainty in referring to them. It could be adopted in this state with advantage both to the legislature and those making use of the published statutes. The editors have been greatly assisted in the compila- tion of this work by the very able and exhaustive report on the statutes in force by Messrs. A. C. Freeman, W. C. Van Fleet, and George J. Denis, the commissioners for the revision and reform of the law. Much of the historical matter and a large number of the notes contained in it have been taken from this report. It is regarded as so valuable and of such great practical utility that it is incorporated in this work in the Appendix. (iii) CONTENTS. Title 1. Abortion, p. 1. Title 2. Accord and Satisfaction, p. 1. Title 3. Accountants, p. 1. Title 4. Acknowledgments, p. 4. Title 5. Adoption, p. 5. Title 6. Adulteration, p. 5. Title 7. Adultery, p. 7. Title 8. Aged Persons, p. 7. Title 9. Agents, p. 7. Title 10. Agriculture, p. 7. Title 11. Alameda City, p. 21. Title 12. Alameda County, p. 22. Title 13. Alameda Creek, p. 24. Title 14. Aliens, p. 25. Title 15. Alpine County, p. 26. Title 16. Alviso City, p. 27. Title 17. Amador City, p. 27. Title 18. Amador County, p. 27. Title 19. American Water and Mining Company, p. 28. Title 20. Anaheim, p. 28. Title 21. Anatomy, p. 28. Title 22. Animals, p. 28. Title 23. Antioch, p. 31. Title 24. Antonio Creek, p. 31. Title 25. Antwerp Messenger, p. 32. Title 26. Apprentices, p. 32. Title 27. Arbitration, p. 32. Title 28. Architecture, p. 35. Title 29. Arms, p. 39. Title 30. Arrest, p. 40. Title 31. Arroyo del Medo, p. 40. Title 32. Artesian Wells, p. 40. Title 33. Assault, p. 42. Title 34. Assessors, p. 42. , Title 35. Assignments of Contracts, p. 42. Title 36. Attorney-General, p. 43. Title 37. Attorney s-at-Law. p. 44. (v) VI CONTENTS. Title 38. Auburn, p. 44. Title 39. Bankruptcy and Insolvency, p. 44. Title 40. Banks and Banking, p. 45. Title 41. Barbers, p. 56. Title 42. Bee Culture, p. 56. Title 43. Benefit Societies, p. 57. Title 44. Benevolent Corporations, p. 57. Title 45. Benicia, p. 58. Title 46. Berkeley, p. 58. Title 47. Big Trees, p. 58. Title 48. Bills and Notes, p. 59. Title 49. Blue Books, p. 59. Title 50. B'nai-B'rith. p. 59. Title 51. Board of Examiners, p. 59. Title 52. Boards of Freeholders, p. 60. Title 53. Bonds, p. 60. Title 54. Booms, p. 71. Title 55. Boundaries of State, p. 71. Title 56. Bounties, p. 71. Title 57. Branciforte, p. 71. Title 58. Brazos del Rio, p. 72. Title 59. Bridges, p. 72. Title 60. Brooklyn, p. 74a. Title 61. Building and Loan Associations, p. 74a. Title 62. Buoys and Beacons, p. 74j. Title 63. Burial, p. 74j. Title 64. Butte County, p. 74j. Title 65. Butter, p. 76. Title 66. Calaveras County, p. 77d. Title 67. California and Oregon R. R. Company, p. 77. Title 68. California Pacific R. R. Company, p. 16. Title 69. California Polytechnic School, p. 78. Title 70. California Redwood Park, p. 79. Title 71. California Statutes, index to, p. 80. Title 72. California Volunteers, p. 80. Title 73. Canal Corporations, p. 80. Title 74. Canals, p. 80. Title °75. Capitol, p. 81. Title 76. Cemeteries, p. 81. Title 77. Cemetery Corporations, p. 84. Title 78. Census, p. 84. i CONTENTS. Title 79. Title 80. Title 81 Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title 100 'Title 101 Title 102 Title 103 Title 104 Title 105 Title 106 Title 107 Title 108 Title 109 Title 110 Title 111 Title 112 Title 113 Title 114 Title 115 Title 116 Title 117 Title 118 Title 119 82. 83. 84. 85. 86. 87. 88, 89. 90. 91. 92 93 94, 95. 96. 97 98. 99. Central Pacific R. R. Oompanv p. 85. Chambers of Commerce, p. 86. Charities and Corrections, p. 86. Cheese, p. 89. Chico, p. 91. Chinese, p. 91. City Attorney, p. 92. Civil Rights, p. 92. Clear Lake, p. 93. Cloverdale, p. 94. Coast Lurvey, p. 94. Codes, p. 94. College City, p. 94. Colleges, p. 95. Coloma, p. 95. Colton Hall, p. 96. Colusa County, p. 96. Colusa, Town of, p. 98. Commissioners in Equity, p. 98. Commissioners of Transportation, p. 98. Common Law, p. 98. Congress, p. 99. Conspiracy, p. 99. Constables, p. 99. Constitution, p. 100. Contra Costa County, p. 1°0. Controller, p. 102. Convicts, p. 102. Co-operative Associations, p. 103. Coroners, p. 103. Corporations, p. 104. Costs, p. 107. Cotenancy, p. 108. Counterfeiting, p. 108. Counties, p. 108. County Boundaries, p. 109. County Clerk, p. 111. County Government, p. 111. Courts, p. 322. Coyote Scalps, p. 322. Crescent City, p. 324. CONTENTS. Title 120. Title 121. Title 122. Title 123. Title 124. Title 125. Title 125a. Title 126. Title 127. Title 128. Title 129. Title 130. Title 131. Title 132. Title 133. Title 134. Title 135. Title 136. Title 137. Title 138. Title 139. Title 140. Title 141. Title 142. Title 143. Title 144. Title 145. Title 146. Title 147. Title 147a. Title 148. Title 149. Title 150. Title 151. Title 152. Title 152a. Title 153. Title 154. Title 155. Title 153. Title 157. Title 158. Title 159. Title 160. Criminal Law, p. 324. Cruelty to Animals, p. 326a. Dairies, p. 326b. Davisville, p. 326h. Deadly Weapons, p. 326h. Deaf, Dumb, and Blind Asylum, p. 326h. Deaths, p. 326i. Debris Commissioners, p. 327. Deeds, p. 327. Del Norte County, p. 328. Dentistry, p. 328. Descent and Distribution, p. 339. Diablo Creek, p. 339. Dissection, p. 33-9. District Attorneys, p. 339. Ditches, p. 340. Divorces, p. 341. Dixon, p. 341. Dogs, p. 341. Dorris Bridge, Town of, p. 343. Downieville, p. 343. Drainage, p. 343. El Dorado County, p. 387. Elections, p. 389. Elisors, p. 390. Emigration, p. 390. Employment Agents, p. 391. Escape, p. 391. Escheat, p. 392. Establishment of Titles, p. 392. Estates of Deceased Persons, p. 394c. Estrays, p. 394d. Etna, p. 400. Eureka, p. 400. Explosives, p. 400. Extension of Time, p. 404. Factories, p. 405. Feather River, p. 405. Feeble-Minded Children, p. 405. Fees, p. 407. Fclton, p. 416. Fences, p. 416. Ferries, p. 419. Ferry Depot, p. 420. CONTENTS. Title 161. Fertilizers, p. 420. Title 162. Fiddletown, p. 424. Title 163. Fire, p. 424. Title 164. Fire Department, p. 424a. Title 165. Fire Patrol, p. 425. Title 166. Fiscal Year, p. 425. litle 167. Flag, p. 426. Title 168. Folsom, p. 426. Title 169. Forcible Entry, p. 426. Title 170. Foreclosure, p. 426. Title 171. Forestry, p. 426. Title 172. Fort Jones, p. 426i. Title 173. Franchises, p. 4261. Title 174. Fraudulent Conveyances, p. 428. Title 175. Free Libraries, p. 428. Title 176. Fresno City, p. 432. Title 177. Fresno County, p. 434. Title 178. Funds, p. 434. Title 179. Galinas Slough, p. 436. Title 180. Gaming, p. 436. Title 181. Game Laws, p. 437. Title 182. Gas, p. 441. Title 183. Geological Survey, p. 446. Title 184. Gifts, p. 446. Title 185. Gilroy, p. 446. 'litle 186. Glenn County, p. 446. Title 187. Goats, p. 447. Title 188. Golden City Homestead Associations, p. 447. Title 189. Good Templars, p. 447. Title 190. Governor, p. 448. Title 191. Grand Army of the Republic, p. 449. Title 192. Grass Valley, p. 449. Title 193. Growing Trees, p. 449. Title 194. Guardian and Ward, p. 450. Title 195. Habeas Corpus, p. 450. Title 196. Harbor Commissioners, p. 450. Title 197. Hastings College of the Law, p. 450c. Title 198. Haywards, p. 450c. Title 199. Hsaldsburg, p. 450c. Title 200. Highways, p. 450c. Title 201. Holidays, p. 462. Title 202. Hollister. p. 462. Title 203. Home of Adult Blind, p. 462. CONTENTS. Title 204. Title 205. Title 206. Title 207. Title 208. Title 209. Title 210. Title 211. Title 212. Title 213. Title 214. Title 215. Title 216. Title 217. Title 218. Title 219. Title 220. Title 221. Title 222. Title 223. Title 224. Title 225. Title 226. Title 227. Title 227a. Title 228. Title 229. Title 230. Title 231. Title 232. Title 233. Title 234. Title 235. r x .tie 236. Title 237. Title 238. Title 239. Title 240. Title 241. Title 242. Title 243. Title 244. Title 245. Title 246. Homesteads, p. 462. Homestead Corporations, p. 463. Homing Pigeons, p. 463. Hops, p. 464. Hornitos, p. 464. Horticulture, p. 464. Hospitals, p. 475. Hotels, p. 476. Hours of Labor, p. 477. House of Correction, p. 481. Houses of Prostitution, p. 482. Humboldt Bay, p. 482. Humboldt County, p. 482. Hunting on Private Grounds, p. 484. Husband and Wife, p. 484. Immigration, p. 485. Inclosures, p. 485. Index, p. 485. Indians, p. 486. Infants, p. 486. Insane, p. 488. Insects, p. 493. Insolvency, p. 493. Insurance, p. 49?.. Insurance Commissioner, p. 494a. Interest, p. 494b. Interpreters, p. 495. Intoxicating Liquors, p. 495. Inventory, p. 497. Inyo County, p. 497. Irrigation, p. 499. Jewish Order of Kesher shel Barsel, p. 557. Judges of the Plains, p. 557. Judgments, p. 557. Jurors, p. 559. Justices of the Peace, p. 559. Jute Goods, p. 561. Juvenile Court, p. 561. Kaweah River, p. 562. Keeper of Archives, p. 562. Kern County, p. 562. Keyes Creek, p. 563. Kings County, p. 563. Klamath County, p. 564. CONTENTS. Title 247. Klamath River, p. 564. Title 248. Knight's Landing, p. 564. Title 249. Laborers, p. 564. Title 250. Labor Statistics, p. 564. Title 251. Lake Bigler, p. 565. Title 252. Lake County, p. 565. Title 253. Lake Earl, p. 566. Title 254. Lakeport, p. 566. Title 254a. Lakes, p. 567. Title 255. Lake Tahoe, p. 567. Title 256. Landlord and Tenant, p. 567. Title 257. Larceny, p. 568. Title 258. Lassen County, p. 568. Title 259. Law Libraries, p. 568. Title 260. Leases, p. 569. Title 261. Legal Tender, p. 569. Title 262. Legislation, p. 570. Title 263. Legislative Districts, p. 570. Title 264. Levee Districts, p. 570a. Title 265. Lexington, p. 574. Title 266. Libel, p. 574. Title 267. Licenses, p. 574. Title 268. Liens, p. 579. Title 269. Lighthouses, p. 580. Title 270. Livermore, p. 581. Title 271. Lodging-houses, p. 581. Title 272. Logs, p. 581. Title 273. Los Angeles City, p. 581. Title 274. Los Angeles County, p. 583. Title 275. Los Nietas, p. 585. Title 276. Los Nietas Collegiate Institute, p. 585. Title 277. I ost Property, p. 585. Title 278. Lost Warrants, p. 586. Title 279. Lotteries, p. 587. Title 280. Lower Lake, p. 587. Title 281. Lumber Manuiacturers, p. 587. Title 282. Madera County, p. 587. Title 283. Mad River, p. 588. Title 284. Maps, p. 588. Title 285. Marin County, p. 589. Title 286. Mariposa County, p. 590. Title 287. Markleevill3, p. 591. Title 288. Marks and Brands, p. 591. Title 289. Marriage and Married Women, p. 593. xii CONTENTS. Title 290. Title 291. Title 292. Title 293. Title 294. Title 295. Title 296. Title 297. Title 298. Title 299. Title 300. Title 301. Title 302. Title 303. Title 304. Title 305. Title 306. Title 307. Title 308. Title 309. Title 310. Title 311. Title 312. Title 313. Title 314. Title 315. Title 316. Title 317. Title 318. Title 319. Title 319a. Title 320. Title 321. Title 322. Title 323. Title 324. Title 325. Title 326. Title 327. Title 328. Title 329. Title 330. Title 331. Title 332. Title 333. Marshall Monument, p. 594. Martinez, p. 594. Marysville, p. 595. Master and Servant, p. 595. Mayors, p. 596. Meadow Lake, p. 596. Mechanics' Institutes, p. 596. Medicine, p. 596. Mendocino Count-, p. 607. Menlo Park, p. 608. Merced City, p. 609. Merced County, p. 609. Mexican War, p. 610. Military Academy, p. 610. Mineral Cabinet, p. 611. Mines and Mining, p. 611. Mining Corporations, p. 626. Missing Persons, p. 627. Mobs, p. 629. Modesto, p. 629. Modoc County, p. 629. Mokelumne Hill, p. 630. Mokelumne River, p. 630. Money, p. 630. Mono County, p. 630a. Monterey City, p. 630a. Monterey County, p. 631. Monterey Custom House, p. 632. Moro Cojo Slough, p. 632. Mortgages, p. 632. Motorcycles, p. 632a. Municipal Corporations, p. 6321. Napa City, p. 953. Napa County, p. 953. Napa Ladies' Seminary, p. 955. Napa River, p. 955. National Guard, p. 955. Naturalization, p. 957. Naval Battalion, p. 957. Navigation, p. 957. Negligence, p. 958. Neuces Creek, p. 958. .uevada City, p. 958. Nevada County, p. 958. New Republic, p. 959. CONTENTS. xiii Title 334. New San Pedro, p. 959. Title 335. North Beach and Mission R. R. Co., p. 960. Title 336. North S. F. Homestead and R. R. Associa- tion, p. 960. Title 337. Notaries, p. 960. Title 338. Novato Creek, p. 960. Title 339. Nueces Creek, p. 960a. Title 340. Nuisances, p. 960a. Title 340a. Nursing, p. 960a. Title 341. Oakland, p. 961. litle 342. Odd Fellows, p. 964. Title 343. Officers, p. 964. Title 344. Oil, p. 967. Title 345. Oleomargarine, p. 968. Title 346. Olive Oil, p. 968. Title 347. Optometry, p. 969. Title 348. Orange County, p. 973. Title 349. Ordinances, p. 973. Title 350. Oroville, p. 975. Title 351. Orphan Asylum, p. 975. Title 352. Osteopathy, p. 976. Title 353. Oysters, p. 978. Title 354. Paris Green, p. 979. Title 355. Parole Commissioners, p. 980. Title 356. Partnerships, p. 981. Title 357. Paupers, p. 981. Title 358. Pawnbrokers, p. 985. Title 359. Pensions, p. 985. Title 360. Pest Houses, p. 985. Title 361. Petaluma, p. 985. Title 362. Petaluma Creek, p. 986. Title 363. Pharmacy, p. 986. Title 364. Pilots, p. 991. Title 365. Pitt River, p. 992. Title 366. Placer County, p. 992. Title 367. Placerville, p. 994. Title 368. Plumas County, p. 994. Title 369. Plymouth, p. 995. Title 370. Poisons, p. 995. Title 371. Police, p. 995. Title 372. Police Courts, p. 996 Title 373. Poultry, p. 1004. Title 374. Preston School of Industry, p. 1006. CONTENTS. Title 375. Title 376. Title 377. Title 378. Title 379. Title 380. Title 381. Title 382. Title 383. Title 384. Title 384a, Title 385. Title 386. Title 3S7. Title 388. Title 389. Title 390. Title 391. Title 392. Title 393. Title 394. Title 395. Title 396. Title 397. Title 398. Title 398a. Title 399. Title 400. Title 401. Title 402. Title 403. Title 404. Title 405. Title 406. Title 407. Title 408. Title 408a. Title 409. Title 410. Title 411. Title 412. Title 413. Title 414. Title 415. Prisons, p. 1007. Prize-fighting, p. 1011. Probate Courts, p. 1011. Process, p. 1011. Prostitution, p. 1012. Protection Districts, p. 1012. Public Administrators, p. 1025. Public Buildings, p. 1025. Public Debt, p. 1026d. Public Health, p. 1027. Public Institutions, p. 1034a. Public Lands, p. 1034b. Public Parks, p. 1038. Public Works, p. 1039. Putah Creek, p. 1066. Quarantine, p. 1066. Railroads, p. 1070. Ramie Culture, p. 1073. Reclamation Districts, p. 1073. Recorders, p. 1083. Records, p. 1083. Red Bluff, p. 1083. Redding, p. 1084. Red Men, p. 1084. Redwood City, p. 1084. Restoration of Records, p. 1084. Revenue, p. 1084f. Riverside County, p. 1084f. Rodeos, p. 1084f. Rough and Ready, p. 1085. Sacramento City, p. 1085. Sacramento County, p. 1087. Salinas City, p. 1089. Salinas River, p. 1089. San Antonio Creek, p. 1089. San Benito County, p. 1090. ban Bernardino City, p. 1090. San Bernardino County, p. 1091. San Bernardino, Town of, p. 1092. San Buenaventura, p. 1092. San Diego City, p. 1093. San Diego County, p. 1094. San Francisco, p. 1095. Sanitary Districts, p. 1118. CONTENTS. Title 416. San Joaquin County, p. 1132a. Title 417. San Joaquin River, p. 1134. Title 418. San Jose, p. 1134. Title 419. San Juan, p. 1135. Title 420. San Leandro, p. 1135. Title 421. San Luis Obispo County, p. 1135. Title 422. San Luis Obispo, Town of, p. 1137. Title 423. San Mateo County, p. 1137. Title 424. San Rafael, p. 1139. Title 425. Santa Barbara City, p. 1139. Title 426. Santa Barbara County, p. 1140. Title 427. Santa Clara City, p. 1141. Title 428. Santa Clara County, p. 1141. Title 429. Santa Cruz City, p. 1143. Title 430. Santa Cruz County, p. 1144. Title 431. Santa Monica, p. 1144a. Title 432. Santa Rosa, p. 1144a. Title 433. Schools, p. 1144b. Title 434. Secretary of State, p. 1201. Title 435. Seduction, p. 1201. Title 436. Sewers, p. 1201. Title 437. Shasta County, p. 1201. Title 438. Shasta, Town of, p. 1202. Title 439. Sheep, p. 1203. Title 440. Sheriffs, p. 1209. Title 441. Sherman Island, p. 1209. Title 442. Shipping, p. 1210. Title 443. Sierra County, p. 1210. Title 444. Sierra Iron Company, p. 1210. Title 445. Silk Culture, p. 1211. Title 446. Siskiyou County, p. 1211. Title 447. Smith River, p. 1211. Title 448. Solano County, p. 1211. Title 449. Soldiers and Sailors, p. 1213. Title 450. Sonoma City, p. 1214. Title 451. Sonoma County, p. 1214. Title 452. Sonoma River, p. 1216. Title 453. Sonora, p. 1216. Title 454. Southern Pacific R. R. Company, p. 1216. Title 455. Spanish Land Claims, p. 1217. Title 456. Stallions, p. 1217. Title 457. Stanford University, p. 1217. Title 458. Stanislaus County, p. 1218. Title 459. Stanislaus River, p. 1219. xvi CONTENTS. Title 460. State, p. 1220. Title 461. State Analyst, p. 1223. Title 462. State Capitol, p. 1223. Title 463. State Engineer, p. 1224. Title 464. State Flower, p. 1224. Title 465. State Geological Survey, p. 1224. Title 466. State Lands, p. 1225. Title 467. State Library, p. 1229. Title 468. State Printer, p. 1230. Title 469. State Prisons, p. 1230. Title 470. State Treasurer, p. 1232. 'Title 471. Statute of Limitations, p. 1232. Title 472. Statutes, p. 1232. Title 473. Steamboats, p. 1233. Title 474. St. Helena, p. 1233. Title 475. Stockton, p. 1233. Title 476. Stockton Slough, p. 1234. Title 477. Strawberry Valley, p. 1234. Title 478. Street Railroads, p. 1234. 'iitle 479. Streets, p. 1234. Title 480. Suisun City, p. 1341. Title 481. Summons, p. 1341. Title 482. Sunday, p. 1341. Title 483. Supervisors, p. 1342. Title 484. Supreme Court Commission, p. 1343. Title 485. Supreme Court Library, p. 1343. Title 486. Supreme Court Reporter, p. 1344. Title 487. Surveyor-General, p. 1344. Title 488. Surveyors, p. 1344. Title 488a. Surveys, p. 1348. Title 489. Sutter County, p. 1349. Title 490. Sutter Creek, p. 1350. Title 491. Sutter's Fort, p. 1351. Title 492. Swamp and Overflowed Lands, p. 1351. Title 493. Taxation, p. 1354b. Title 494. Tehama County, p. 1382. Title 495. Tehama, Town of, p. 1383. Title 496. Telegraph Lines, p. 1383. Title 497. Theaters, p. 1384. Title 498. Thistle, p. 1384. Title 499. Tia Juana Flood, p. 1385. CONTENTS. Title 500. Torrens Land System, p. 1385. Title 501. Trademarks, p. 1420a. Title 501a. Trading Stamps, p. 1420a. Title 502. Training-ship, p. 1420a. Title 503. Tramroad Companies, p. 1420b. Title 504. Treasurers, p. 1420b. Title 505. Trespass, p. 1423. Title 506. Trinity County, p. 1423. Title 507. Trusts, p. 1424. Title 508. Tulare County, p. 1439. Title 509. Tuolumne County, p. 1441. Title 510. Tuolumne River, p. 1441. Title 511. Turnpike Corporations, p. 1442. Title 512. Ukiah, p. 1442. Title 513. Union, p. 1442. Title 514. United States, p. 1442. Title 515. United States Coast Survey, p. 1443. Title 516. United States Flag, p. 1443. Title 517. United States Senators, p. 1443. Title 518. University of California, p. 1443. Title 519. Vagrancy, p. 1446a. Title 520. Vallejo, p. 1446a. Title 521. Ventura County, p. 1446b. Title 522. Veterans' Home, p. 1446b. Title 523. Veterinary Surgery, p. 1448. Title 524. Visalia, p. 1451. Htle 525. Viticulture, p. 1451. Title 526. Wagon-Road Corporations, p. 1452a. Title 527. Warehouses, p. 1452a. Title 528. Warm Springs Creek, p. 1452b. Title 529. Warrants, p. 1453. Title 530. Washington Township, p. 1453. Title 531. Water Commissioners, p. 1453. Title 532. Water Companies, p. 1453. Title 533. Waters, p. 1456. Title 534. Watsonville, p. 1460. Title 535. Weaverville, p. 1461. Title 536. Weights and Measures, p. 1461. Title 537. West Side Irrigation District, p. 1462. Title 538. Wharfingers, p. 14Go. Title 539. Wharves, p. 1463. jitle 540. Wheatland, p. 1463. XYlll CONTENTS. Title 541. Whittier State School, p. 1463. Title 542. Wilmington, p. 1464. Title 543. Woman's Relief Corps, p. 1464. Title 544. Woodbridge, p. 1465. Title 545. Woodland, p. 1465. Title 546. Wrecks, p. 1465. Title 547. Yacht Clubs, p. 1465. Title 54S. Yolo County, p. 14S5. Title 549. Yosemite Valley, p. 1467. Title 550. Yreka, p. 14d7. Title 551. Yuba City, p. 1467. Title 552. YuDa County, p. 1468. GENERAL LAWS STATE OF CALIFORNIA TITLE 1. ABORTION. ACT 1. To suppress injurious publications. [Stats. 1858, 204.] This was an act to prevent advertising to procure abortions. It was superseded by Penal Code, sec. 317. TITLE 2. ACCORD AND SATISFACTION. ACT 6. For the relief of debtors. [Stats. 1867-8, 31.] This act permitte-d the discharge of the whole of a debt on pay- ment of part. It was superseded by Civil Code, sees. 1521-1524. Cal. Rep. Cit. 45, 371. TITLE 3. ACCOUNTANTS. ACT 11. An act to create a state board of accountancy and pre- scribe its duties and powers; to provide for the exam- ination of and issuance of certificates to qualified ap- plicants, with the designation of certified public ac- countant; and to provide the grade of penalty for viola- tions of the provisions hereof. [Approved March 23, 1901; Stats. 1901, 645.] The people of the state of California, represented in senate and assembly, do enact as follows: Gen. Laws— 1 (1) Act 11, §§ 1, S ACCOUNTANTS. 2 Section 1. Within thirty days after the passage of this act the governor shall appoint five persons, at least three of whom shall be competent and skilled public accountants who shall have been in practice as such in this state for not less than five consecutive years, to constitute and serve as a state board of accountancy. The members of such board shall, within thirty . days after their appointment, take and subscribe to the oath of office as prescribed by the Political Code, and file the same with the secretary of state. They shall hold office for four years, and until their successors are appointed and qualified; save and except that one of the members of the board first to be appointed under this act shall hold office for one year; one for two years; one for three years, and two for four years. Any vacancies that may occur, from any cause; shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year must be made from the roll of certificates issued and on file in the office of the governor. See. 2. The state board of accountancy shall have its office in the city and county of San Francisco, and its pow- ers and duties shall be as follows: 1. To formulate rules for the government of the board and for the examination of and granting of certificates of qualification to persons applying therefor; 2. To hold written examinations of appbeants for such certificates, at least semi-annually, at such places as cir- cumstances and applications may warrant; 3. To grant certificates of qualification to such appli- cants as may, upon examination, be found qualified in "the- ory of accounts," "practical accounting," "auditing," and "commercial law," to practice as certified public account- ants; 4. To charge and collect from all applicants such fee, not exceeding twenty-five dollars, as may be necessary to meet the expenses of examination, issuance of certificates and conducting its office; provided, that all such expenses, including not exceeding five dollars per day for each mem- ber while attending the sessions of the board or conducting examinations, must be paid from the current receipts, and no portion thereof shall ever be paid from the state treas- ury; 3 ACCOUNTANTS. Acts 11, §§3-5 5. To require the annual renewal of all such certificates, and to collect therefor a renewal fee of not exceeding one dollar; 6. To revoke for cause any such certificate, after writ- ten notice to the holder, and a hearing being had thereon; provided, that such revocation must receive the affirmative vote of at least four members of the board; 7. To report annually to the governor, on or before the first day of December, all such certificates issued or re- newed, together with a detailed statement of receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof; 8. The board may, in its discretion, under regulations provided by its rules, waive the examination of applicants possessing the qualifications mentioned in section three, who shall have been for more than three years prior to the passage of this act practicing in this state as public ac- countants on their own account, and who shall, in writing, apply for such certificates within one year thereafter. Sec. 3. Any citizen of the United States, or any person who has duly declared his intention of becoming such citi- zen, residing and doing business in this state, being over the age of twenty-one years and of good moral character, may apply to the state board of accountancy for examina- tion under its rules, and for the issuance to him of a certifi- cate of qualification to practice as a certified public ac- countant, and upon the issuance and receipt of such certifi- cate, and during the period of its existence, or of any re- newal thereof, he shall be styled and known as a certified public accountant or expert of accounts, and no other per- son shall be permitted to assume and use such title or to use any words, letters or figures to indicate that the person using the same is a certified public accountant. Sec. 4. Any violation of the provisions of this act shall be deemed a misdemeanor. Sec. 5. This act shall take effect from and after its pas- sage. Acts 16-21 ACKNOWLEDGMENTS. * TITLE 4. ACKNOWLEDGMENTS. The legislature at various times has passed statutes validating acknowledgments. See Civil Code, sec. 1207. Consult the following acts In this connection: ACT 16. Legalizing acknowledgments of deeds. [Stats. 1852, p. 166.] This act legalized acknowledgments taken by recorders before March 26, 1851. ACT 17. To legalize certain acknowledgments. [Stats. 1859, p. 212.] This act legalized acknowledgments taken by deputy clerks of the superior court and deputy county recorders. ACT 18. Concerning certain acknowledgments of deeds and other instruments in writing, affecting real estate. [Stats. 1860, 179.] This act provided for correcting defective certificates. It was superseded by Civil Code, sec. 1202. ACT 19. To legalize certain acknowledgments, required by section 2 of an act to provide for the formation of chambers of commerce, boards of trade, mechanics ' institutes and similar protective associations. [Stats. 1885, p. 55.] This act appears in full In Civil Code, Appendix, p. 665. ACT 20. To legalize certain acknowledgments. [Stats. 1891, p. 20.] Superseded 1897, 29, chap. XXXII. This act legalized acknowledgments by court commissioners. Cal. Rep. Cit. 97, 483; 10S, 145. ACT 21. To legalize certain acknowledgments. [Stats. 1897, p. 29.] This act Klc ilized acknowledgments before court commissioners and county clerks. 5 ADOPTION— ADULTERATION. Acts 26-Sti TITLE 5. ADOPTION. ACT 26. Providing for the adoption of minors and the legitimizing children born out of wedlock. [Stats. 1869-70, 530.] Superseded by Civil Code. Cal. Rep. Cit. 81, 420; 81, 441; 81, 446. ACT 27. To authorize managers of orphan asylums to give their consent to the adoption of children under their care. [Stats. 1877-8, p. 963.] See Civ Code, sec. 224; amended 1835, 39. Cal Rep at. 65. 382. TITLE 6. . ADULTEEATION. ACT 32. To prevent fraud and deception in the manufacture and sale of butter and cheese. [Stats. 1881, p. 14.] Superseded by 1895, 41; 1897, 65. ACT 33. To prevent decepti n in the manufacture and sale of but- ter and cheese and to secure its enforcement. [Stats. 1895, p. 41.] Repealed in effect 1897, 65. ACT 34. To prevent deception in the manufacture and sale of butter anu cheese, to secure its enforcement and to appro- priate money therefor. [Stats. 1897, p. 65.] This act is in full in the Appendix to the Penal Code, p. 574. ACT 35. To provide against the adulteration of food and drugs. [Stats. 1895, p. 71.] This act is in full in the Appendix to the Penal Code, p. 657. Codified in part by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 383, note. ACT 36. To prevent the adulteration of food and liquors. [Stats. 1862, 484.] Superseded by Penal Code, sec. 382. Acts 37 T 44 ADULTERATION. 6 ACT 37. To prevent the sale of imitation or adulterated honey, [Stats. 1895, p. 94.] Superseded 1897, 12. ACT 38. To prohibit the adulteration of honey, and to provide a punishment therefor. [Stats. 1897, p. 12.] This act is in full in the Appendix to the Penal Code, p. 559. ACT 39. To protect and encourage the production and sale of pure and wholesome milk, and to prohibit and punish the production or sale of unwholesome or adulterated milk. [Stats. 1869-70, 298.] Superseded by Penal Code, sec. 382. ACT 40. To provide for analyzing minerals, mineral waters, and other liquids, and medicinal plants, and of foods and dtugffj to n vent the adulteration of the same. [Stats. 1885, p. 43.] This act appears in full in Political Code, Appendix, p. 1111. ACT 41. To regulate the sale of imitation olive oil. [Stats. 1893, p. 210.] This act is in full in the Appendix to the Penal Code, p. 638. ACT 42. To prohibit and punish the sale of adulterated svrup. [Stats. 1877-8, p. 695.] This act is in full in the Appendix to the Penal Code, p. 551. ACT 43. To prohibit the sale and disposal of adulterated spirituous or alcoholic liquors, wines or cider. [Stats. 1860, 186.] Superseded by Penal Code, sec. 382. ACT 44. To prohibit the sophistication and adulteration of wine and to prevent fraud in the manufacture and sale there- of. [Stats. 1887, p. 46.] This act is in full in the Appendix to the Penal Code, p. 551. Cal. Rep. Cit. 74, 29; 74, 39; 102, 164. 1 ADULTERY— AGRICULTURE. Acts 49-63 TITLE 7. ADULTEEY. ACT 49. Adultery, act to punish. [Stats. 1871-2, p. 380.] This act appears in full in the Penal Code, Appendix, p. 560. Codified by. amendment of Penal Code, adopted 1905. See Penal Code, § 269a, note. TITLE 8. AGED PEESONS. See Home of Adult Blind; Veterans' Home Association. ACT 54. To appropriate money for the support of aged persons in indigent circumstances. [Approved March 15, 1883. Stats. 1883, 380.] Repealed 1895, 23. This act provided for an appropriation of one hundred dollars for every aged person, minor, orphan, half orphan, or abandoned child maintained in any institution. Cal. Rep. Cit. 69, 74; 77, 134; 114, 395; 123, 151. TITLE 9. AGENTS. ACT 59. Relating to advances, bona fide, made to agents intrusted with goods, and for the better protection of such ad- vances. [Stats. 1877-8, p. 835.] Repealed 1880, 120. Cal. Rep. Cit. 66, 308. TITLE 10. AGRICULTURE. See Fruit Trees and Vines; Horticulture; Silk Culture; Viti- culture. ACT 62. To provide for the improvement cf the cereal crops of Cali- fornia and appropriating money therefor. [Stats. 1905, p. 128.] This act provided for investigation and experiments under the direction of the director of the agricultural experiment station ot the University of California. ACT 63. An act making i appropriation for the erection and con- struction of buildings and equipping the fair grounds Act 61, { 1 AGRICULTURE. 8 owned by or under the jurisdiction and control of tha California State Agricultural Society, for exposition and state fair purposes and for the payment of other expenses incidental and relating thereto, prohibiting gambling of all kinds upon the grounds and premises under the control of said California State Agricultural Society, and providing a penalty for gambling- or gam- ing thereon, and providing that certain moneys now in the state treasury may be used in connection with this appropriation for such purposes. [Stats. 1905, p. 793. j ACT 64. An act to authorize state agricultural societies under the control of the state to sell prop ^rty held by them in fee, or held by trustees for their use, or in which they may have any interest; to prescribe a course of pro- cedure therefor; to indemnify purchasers at sueh sale, and to direct how the proceeds shall be applied. [Stats, approved February 25, 1897. Stats. 1897, 30. Amended 1899, 106.] Section 1. Whenever any state agricultural society under state control shall desire to sell the whole or any portion of its real estate held by it in fee, or by a trustee for its use, or in which it may have any title, interest, or claim, it shall be lawful for such society or association to file its complaint in the superior court of the county in which sueh lands are situated, setting forth the nature of the title under which the land to be affected by the decree of the court is held, and what claim such society or asso- ciation has therein; and that it is the desire of such society or association to sell sueh real estate, and praying for judgment authorizing it to sell the same. In such action the trustee or trustees holding title in trust for such so- ciety or association, or their suceesscis, or tL<; survivor or survivors of them, or such other persons deriving title from the trustees, as the case shall require, shall be made parties defendant; and upon the service of the summons upon such defendants personally or by publication, or upon their appearance, the court shall have full jurisdiction iu the premises. Such society or association may include as defendants in such action in addition to such persons or parties as appear of record to have, and other persons or parties who are known to have, some claim in or lien on the lands described in the complaint; also all other persons 9 AGRICTJLTTJBE. Act 64, § 1 or parties unknown, claiming any right, interest, or lien in such land, and the plaintiff may describe such defend- ants in the complaint as follows: "Also all other persons or parties, unknown, claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein." Service of the sum- mons may be had upon all such unknown persons or par- ties defendant by publication, as provided by law in case of non-resident defendants. All such unknown persons or parties so served shall have the same rights as are pro- vided by law in ease of all the other defendants' upon whom service is made by publication or personally and the ac- tion shall proceed against such unknown persons or parties in the same manner as against the defendants who are named, upon whom service is made by publication, and with like effect; and any sueh unknown persons or par- ties who have or claim any right, estate, lien, or in- terest in the said property in controversy at the time of the commencement of the action, duly served as afore- said, shall be bound and concluded by the judgment in such action as effectually as if the action was brought against such defendant by his or her name, and personal service of the summons obtained, notwithstanding any such unknown person may be under legal disability. The court shall have full power and authority to order the prop- erty sold. In case of a sale, the court shall appoint a commissioner to make the sale, and shall direct the man- ner in which the sale shall be conducted; provided, that when any property is held in trust by any such agricul- tural society or association, such property held in trust shall be sold separately from any that may be held in fee. The commissioner shall make a report of sale to the court, whieh, after such notice as it may deem proper, shall proceed to hear the same, and if it finds that the sale was fairly conducted, and the price bid was proportionate to the value of the land sold, it shall make and enter a de- cree confirming the sale, and directing the commissioner to execute a deed to the purchaser. The deed executed by said commissioner, under and in pursuance of the decree of the court, shall be valid and effectual to convey to the purchaser an absolute title in fee simple to the premises; provided, however, that before the filing of any sueh com- plaint in the superior or any other court, it shall be neces- sary for such agricultural society, or any person or cor- poration claiming the title to sueh land, to prepare, sign, Act 64, § 1 AGRICULTURE. 10 and properly acknowledge a good and sufficient deed or deeds sufficient to vest in the state all title, interest, or claim which such society may have in and to any land to be affected by the proceedings hereby authorized to be instituted; such deed or deeds to be conditioned that the title, claim, or interest of such society embraced in such deed or deeds shall be held by the state of California in trust for the benefit of such society; which said deed or deeds shall be deposited with the state treasurer, to be by him held in escrow pending the final conclusion of such proei i dings in Bucb court. Tf the court in which such pro- ceedings are had shall order such land to be sold, as herein provided for, the state treasurer shall forthwith file such deed or deeds with the county recorder of the county, or city and county, in which such land is located. If there be any liens upon or claims against the property, the court shall order them paid out of the proeeeds of sale. The residue remaining, after paying the costs and expenses of sale and such liens and claims against the property as the court may order paid, shall be paid into the state treasury, where it shall remain until required for the pur- chase of other property for the use of such society or association, upon the order of the state controller; and it shall be drawn therefrom only upon authorization passed by the board of directors or trustees of such society or association, by and with the approval of the state board of examiners, and upon warrants duly drawn by the state controller. If, through any defects in the proceedings, or otherwise, the title should not pass, the state will indem- nify the purchaser by repaying to him the amount paid by him; provided, such purchaser or purchasers shall, file their claim or claims for the repayment of such purchase price with the state board of examiners within five years after the payment of such purchase price to the state treasurer, in the first instance. The surplus of proceeds of sale, paid into the state treasury, shall be drawn out on cer- tificate, signed by a majority of the directors, or govern- ing body of such socii 'y or association, and also of the state board of examiners, stating that it is desired for the payment for other property for the use of such agri- cultural society; and upon receipt of such certificate, the tr< asurer shall pay to the said directors, or governing body,' or person designated by them, all or such part at such surplus as may be required for the purchase of other property; provided, however, that if all or any portion of 11 AGRICULTURE. Act 64, § 2 the real estate, and the improvements thereon held by any state agricultural society under state control, shall have been acquired in the name of such society, or of any per- son, association, or corporation, in trust for the use of said, or any other agricultural society, originally, or at any time, by the use of money derived from taxation of the taxable property of any city and county, county, or city, then, and in that event, the surplus proceeds of any sale of such property shall be invested in other real estate, within the same county, or city and county, for the same purpose, and not otherwise, or elsewhere. It is expressly provided that in no event shall the state be liable for the payment of any expense, interest, or attorneys' fees, incurred by any one, on any account, by or on behalf of any such agricul- tural society in their behalf; and it shall be incumbent on such society to make provision for the payment of the expenses, costs, attorneys' fees, and any interest that may be necessary to be paid any purchaser, by reason of repay- ment of any purchase money on account of failure of title to such lands; such provision for the payment of expenses, attorney's' fees, costs, and anticipated interest to be pro- vided for prior to the issue of any summons, or order of publication in any action contemplated by this act. [Amended March 16, 1899. Stats. 1899, 106.] Sec. 2. If any real estate contemplated in the preceding section, purchased by the proceeds of taxes levied upon and collected from the taxable property of any city and county, county, or city, shall have been ordered sold, as in said section provided, and shall have been offered for sale in the mode therein specified, for a period of sixty days or more, and not all sold for want of an adequate price, the board of directors, or governing body of such society or association, shall be, and they are hereby author- ized and empowered to exchange all or any part of such real estate for other land suitable for the use of such «ociety, or association, within the same county, or- city and county, upon such terms as may be reasonable and just, and the deed or deeds executed for the conveyance of such real estate in exchange shall be executed by the board of directors of such society or association, or a majority thereof, and by the commissioner appointed in the proceed- ings provided for in the preceding section for the sale of such property, and such exchange of property shall be subject to, and with the approval of a judge of the superior court of the county, or city and county, in which the pro- Acts G5-68 AGRICULTURE. 12 ceedings provided for were had. [New section added March 16, 1899. Stats. 1899, 108.] Sec. 3. In case of the exchange of any portion of such property, as provided for in section two thereof; the real estate received in such exchange shall be subject to th indemnification of any person who shall receive any of the said real estate of said agricultural society in such ex- change in case of any defect in the procc( dings, or other- wise, whereby the title to such real estate of such so- ciety should not pass, and in such case of exchange the state of California shall be absolved from any obligation to pay any part of any purchase price, or value of ex- changed property; provided, further, that no claims for failure of title for any reason shall be entertained after fiv<' years from the date of such exchange. [New section added March 16, 1899. Stats. 1899, 109.] Sec. 4. This act shall take effect immediately from and after its passage. Prior acts relating to agricultural societies: ACT 65. To incorporate a state agricultural society. [Stats. 1854, 56.] Amended 1858. SO; 18G3, 50. Supp. 18fi3, 49, 259. These acts were continued In force by Political Code, sec. 2326. Cal. Rep. Clt. 121, 19. ACT 66. Concerning agricultural societies. [Stats. 1859, 104.] Amended 1862, 37; 1869-70, 31; 1877-8, 84. This act provided for the formation of agricultural societies by any seven or more persons and for their powers and government. ACT 67. Providing for the management and control of the state agri- cultural society. [Stats. 1880, p. 49.] CaT. Rep. Clt 85, 610; 121, 19. ACT 68. An act entitled an act to form agricultural districts, to pro- vide for formation of agricultural associations therein, and for the management and control of the same by the state, and to repeal all acts and parts of acts in conflict with this act. [Stat, approved March 31, 1897. Stats. 1897, 304. Amend- ed 1901, 304.] lo AGRICULTURE. Act 6S, 5 ! Section 1, The several counties of this state are di- vided and classified into agricultural districts and num- bered as follows, to wit: The counties of San Francisco and Alameda shall con- stitute agricultural district No. 1. The county of San Joaquin shall constitute agricultural district No. 2. The county of Butte shall constitute agricultural dis- trict No. 3. The counties of Sonoma and Marin shall constitute agri- cultural district No. 4. The counties of San Mateo and Santa Clara shall con- stitute agricultural district No. a. The county of Los Angeles shall constitute agricultural district No. 6. The county of Monterey shall constitute agricultural dis- trict No. 7. The county of El Dorado shall constitute agricultural district No. 8. The county of Humboldt shall constitute agricultural district No. 9. The county of Siskiyou shall constitute agricultural dis- trict No. 10. The counties of Plumas and Sierra shall constitute agri- cultural district No. 11; provided that the first fair held in the eleventh agricultural district after the passage of this act shall be held in Sierra County; the next fair in Plumas County, and thereafter said counties shall so alter- nate in holding puch fairs. The county of Lake shall constitute agricultural district No. 12. The counties of Sutter and Yuba shall constitute agricul- tural district No. 13. The county of Santa Cruz shall constitute agricultural district No. 14. The county of Kern shall constitute agricultural district No. 15. The county of San Luis Obispo shall constitute agricul- tural district No. 16. The county of Nevada shall constitute agricultural dis- trict No. 17. The counties of Mono, Inyo, and Alpine shall consti- tute agricultural district No. 18. All that portion of Santa Barbara County lying east of the Gaviota and south of the Santa Ynez Mountains, shall constitute agricultural district No. 19. Act 6S, § 1 AGRICILTURE. 14 The county of Placer shall constitute agricultural dis- trict No. 20. The counties of Fresno and Madera shall constitute agri- cultural district No. 21. The county of San Diego shall constitute agricultural district No. 22. The county of Contra Costa shall constitute agricultural district No. 23. The counties of Tulare and Kings shall constitute agri- cultural district No. 24. The county of Napa shall constitute agricultural district No. 25. The county of Amador shall constitute agricultural dis- trict No. 26.' The counties of Shasta and Trinity shall constitute agri- . cultural district No. 27. The counties of San Bernardino and Riverside shall con- stitute agricultural district No. 28. The county of Tuolumne shall constitute agricultural dis- trict No. 29.* The county of Tehama shall constitute agricultural dis trict No. 30. The county of Ventura shall constitute agricultural dis- trict No. 31. The county of Orange shall constitute agricultural dis- trict No. 32. The county of San Benito shall constitute agricultural district No. 33. The county of Modoc shall constitute agricultural dis- trict No. 34. The counties of Merced and Mariposa shall constitute agricultural district No. 35. The county of Solano shall constitute agricultural dis- trict No. 36. All that portion of Santa Barbara County not includco! in agricultural district No. 19 shall constitute agricultural district No. 37. The county of Stanislaus shall constitute agricultural district No. 38. The county of Calaveras shall constitute agricultural dis- trict No. 39. The counties of Yolo and Sacramento shall constitute agri- cultural district No. 40. The count}' of Del Norte shall constitute agricultural dis- trict No. 41. 15 AGRICULTURE. Act 68, §§2, 3 The county of Glenn shall constitute agricultural dis- trict No. 42. The county of Lassen shall constitute agricultural dis- trict No. 43. The county of Colusa shall constitute agricultural dis- trict No. 44. The county of Mendocino shall constitute agricultural district No. 45. [Amendment approved March 15, 1901. Stats. 1901, p. 304; in effect immediately.] Sec. 2. Where two or more counties shall constitute an agricultural district, each county shall be represented in the district board of directors by at least tw<* resident citizens, as directors in said board; provided, that when by reason of the formation of a new agricultural district, a director of one district becomes a resident of another, his term of office as director will expire in sixty days after the formation of the new agricultural district. Whenever the board of directors of two or more agricultural districts shall, by a majority vote of each board, elect to unite, the said several districts may associate as one district, and hold a fair in any of said districts, and may for such pur- pose draw the appropriation for all of said districts, and expend the same for said fair. See. 3. Any fifty or more persons, representing a ma- jority of the counties within any one of the districts above constituted, may from an association for the improvement of the material industries within such district, and when so formed, the association shall be known and designated by the name of - — - agricultural association and by such name and style shall have perpetual succession, and shall have power and authority to contract and be con- tracted with, to sue and be sued, to have and use a com- mon seal, to purchase and hold and lease real estate, with such buildings and improvements as may be ereeted thereon, and may sell and lease and dispose of the same at pleasure. The said real estate, except as hereinafter provided, shall be used by such association for the purpose of holding exhibitions of horses, cattle, and other stock, and of the agricultural, horticultural, viticultural, mechani- cal, manufacturing, and domestic products of such district, with a view to the improvement of all industries in the same. But the said association shall have the power, and are hereby authorized, to sell and convey any portion of the real estate held by it, by whatever title derived, which may not be necessary for the permanent use of said asso- ciation for the purposes aforesaid. Act 68, |§ 4-8 AGRICULTURE. « Sec. 4. The officers of such association shall consist of eight directors, who shall constitute a district board of agriculture for district number ; a president, who shall be one of their number, and a secretary and treasurer, not of their number. Sec. 5. Within ten days after the formation of any new agricultural association within any of the districts above constituted in accordance with the provisions of this act, and notice of such formation to the governor, the governor shall appoint eight resident citizens of such district as members of a district board of agriculture for said dis- trict, whose term of office shall be four years, except as hereinafter provided. Sec. 6. Within ten days after their appointment, the persons so appointed shall qualify as required by the con- stitution, and shall meet at a place within the district and ojrganize by the election of one of their number as presi- dent of the board and association, who shall hold said office of president one year, and until his successor is elected; they shall also elect a secretary and treasurer. Sec. 7. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The term of office of the first class shall expire at the end of the first fiscal year; of the second class, of the second fiscal year; of the third class, of the third fiscal year; and of the fourth class, at the end of the full term of four years. The fiscal year shall be from December first to December first; provided, that all officers of agricultural districts now in office, under any law heretofore passed, shall hold office for the term for which they were appointed, except in cases speci- fied in section two of this act. And the agricultural asso- ciations heretofore established shall be continued in force, and, so far as applicable, are made agricultural associa- tions under this act. Sec. 8. Each association so formed and organized is hereby declared, and shall be recognized, a state institu- tion, and the board so appointed and qualified shall have the exclusive control and management of such institution, for and in the name of the state, and shall have possession and care of all the property of the association, and shall fix the terms of office and the bonds of the secretary and treasurer, and determine their salaries and duties. They shall have the power to make all necessary by-laws, rules, and regulations for the government of the association and the management of its prudential and financial affairs. 17 AGRICULTURE. Act 68, §§9, 10 They shall provide for an annual fair or exhibition by the association of all the industries and industrial products in the district, at such time and place as they deem ad- visable; provided, that the state shall, in no event, be liable for any premium offered or award made, or for any debt contracted by any district board of agriculture, or agricultural association; and provided further, that nothing in this section shall be so construed as in any way to affect or modify any of the provisions of section eleven. Sec. 9. When any district board of agriculture shall have been classified and organized as herein provided, the secretary of the board shall report such classification and organization to the state board of agriculture. He shall also report the same to the governor, and shall report any vacancy that may occur in the board to the governor, who shall fill the same, by appointment, for the unexpired term. It shall be the duty of each district association formed under this act, to report to the state board of agriculture, on or before January first of each year, a detailed financial statement, together with a complete statistical review of the agricultural resources of each county in the district, for the year ending December thirty-first. Said review to contain the acreage and yield of all agricultural produc- tions for the year previous, and such other data as may be asked for by the state board of agriculture in the further- ance of its duties. Sec. 10. Whenever any such association shall desire to 'sell any portion of its real estate not needed for the per- manent use of the association, for the purposes specified in section three, and such real estate be held by such as- sociation under a deed or deeds of trust conveying the said lands in trust, to be held in perpetuity as a place for holding agricultural exhibitions or fairs, or for other per- manent purposes of such association, it shall be lawful for such association to file its complaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which they are held, and that it is the desire of the said association to sell and dispose of such real estate, and praying for judgment au- thorizing it to sell and convey the same. In such action the trustee or trustees in such deed or deeds, or the sur- vivor or survivors of them, or the heirs, or administrators, or executors of deceased trustees, as the case may require, shall be made parties defendant; and upon service of the Gen. Laws— 2 Act 68, § 11 AGRICULTURE. IB summons upon such defendants, personally or by publica- tion, or upon their appearance, the court shall have full jurisdiction in the premises, and the deed executed under and in pursuance of the judgment of the court shall be valid and effectual to convey to the purchaser the title of said association, and that of all of its predecessors in title made parties to the suit. Sec. 11. Every such association organized and existing under the laws of the state, and which has heretofore issued certificates of the capital stock of such association, and which certificates last mentioned have been accepted by the members of such association in lieu of certificates of membership therein, may elect to have a capital stock, and may issue certificates of stock therefor, in the same manner and with like effect as corporations formed under the provisions of chapter one, article one, of the Civil Code, relating to the formation of corporations. In order to effect such change, a meeting of the holders of such alleged certificates of capital stock may be called, at which the holders of such alleged stock shall be entitled to one vote for each share of such stock appearing in their names, respectively, upon the books of such association. Upon the receipt of a written application, signed by the holders of one-fourth of the shares of such alleged capital stock of such association, requesting him so to do, the secretary of such association shall give notice of the time and place of holding such meeting, by publication in some newspaper printed and published in such county, or city and county, in which the principal place of business of such associa-' tion is located, at least once a week for three successive weeks next prior to the holding thereof. Such notice shall state that the object of the meeting is, (1) to determine whether such corporation elects to have a capital stock as provided by this act; (2) the amount of such captial stock, and (3) the number of shares into which the same shall be divided. At such meeting, should the holders of a majority of the shares of such alleged capital stock vote in favor of having a capital stock, and fix the amount thereof, and the number of shares into which it shall be divided, then such corporation shall issue certificates of capital stock to the amount fixed at such meeting, divided into the number of shares provided by said meeting, to the holders of such al- leged capital stock, in the same proportion as such alleged stock appears in the names of such holders, respectively, upon the books of such association. A copy of the notice 19 AGRICULTURE. Act 63. § 11 calling such meeting, the affidavit of publication thereof, the proceedings of such meeting, the amount of capital stock voted, number of shares into which the capital stock was divided, and to whom assigned, duly certified by the chairman of such meeting, and the secretary of such asso- ciation, under the seal thereof, must be filed with the sec- retary of state and the clerk of the county where such association has its principal place of business. Thereafter such association shall be possessed of all rights and powers, and shall be subject to all the obligations and restrictions, as if it had been originally created a corporation with a capital stock, including the right to elect a board of di- rectors authorized to exercise such control of all the prop- erty of such association, as provided in chapters one, two, three, and four of the Civil Code, relating to corporations; provided, such association shall have no authority to sell any portion of the real estate owned and held by it, by whatever title derived, which may be necessary for the permanent use of such association, for the purposes afore- said; and provided further, that in the event that such asso- ciation, after the issuance of a captial stock as aforesaid, shall be offered aid at any time from the state by appro- priation, for the purpose of holding an annual district fair, and such association, by a vote of the board of directors, elected as hereinafter provided, adopts a resolution accept- ing such appropriation, then and in that event said annual fair shall be held under the control and management of the district board of agriculture of such district; but said dis- trict board of agriculture shall have no other authority, control, or management of or over the property of such association, and the authority which it may exercise over said property shall continue only during the time occupied in holding the said district fair, which time shall not extend over more than one week annually. When any corporation has elected to issue capital stock under this act, the president thereof shall, within ten days after filing with the secretary of state of the certificate hereinbefore provided, call a meeting of the stockholders of such corporation, for the purpose of electing a board of directors of such corporation, which board or directors shall hold their office until their successors are elected and quali- fied, and thereafter a board of directors of such corpora- tion shall be elected annually, on the day of the month upon which the election of said first board of directors elected as aforesaid is held, unless a different day for hold- Act* 69-74 AGRICULTURE. 20 ing such election is fixed by the boarc of directors of such corporation, by its by-laws, properly adopted. Sec. 12. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 13. This act shall take effect from and after its passage. Other acts: ACT 69. To form agricultural districts, etc. [Stats. 1880, p. 62.] Amended 1883, 30; 1S85, 39, 126; 1887, 80; 1889, 78; and partly, If not wholly, repealed by 1S91, 138; 1895, 14. ACT 70. To form agricultural districts, and provide for the man- agement and control of the same. [Stats. 1891, p. 138.] Amended 1893, 282; 1895, 14, 100. ACT 71. For the encouragement of agricultural and other industries. [Stats. 1871-2, p. 442.] Probably repealed by statute of 1880, p. 49, chap. LX, and p. 62, chap. LXIX. ACT 72. Encouragement of agriculture. [Stats. 1877-8, p. 332.] Superseded by 18S0. 49, 62; 1897, 304. This act authorized appropriations for certain societies. ACT 73. For the better protection of fruit trees and vines. [Stats. 1880, p. 36.] Superseded 1897, 241. Cal. Rep. Clt. 60, 152. ACT 74. An act to prevent the propagation by the production of seed, of that certain plant known as Sorghum hale- pense, otherwise known as Johnson grass. [Approved March 20, 1903. Stats. 1903, 337.] 21 ALAMEDA CITY. Acts 79-S1 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person owning, controlling, leasing, or possessing land in the state of California, to knowingly permit that certain grass known as Sorghum halepense, otherwise known as Johnson grass, to mature and disseminate its seed, on land so owned, leased, or possessed by such person. Sec. 2. It shall be unlawful for any person knowingly to sow or disseminate or cause to be sown or disseminated any seed of Sorghum halepense, otherwise known as John- son grass, upon any land owned or possessed by an- other. Sec. 3. It shall be unlawful for any person to knowingly to sow or disseminate or cause to be sown or disseminated any seed or Sorghum halepense, otherwise known as Johnson grass, over or along any roadway, highway, or right of way for ditch purposes, adjacent to premises owned or possessed by him. Sec. 4. Any person upon being duly convicted of a violation of any of the preceding sections of this act, shall be deemed guilty of a misdemeanor, and may be fined in a sum not exceeding one hundred dollars, or by imprison- ment in the county jail, for a term not exceeding three months. Sec. 5. This act shall take effect immediately from and after its passage. TITLE 11. ALAMEDA CITY. ACT 79. Opening streets in. [Stats. 1875-6, p. 424.] Repealed 1877-8, 964. ACT 80. Streets in. [Stats. 1873-4, p. 795.] This act related to Park Street, Santa Clara Avenue, Railroad Avenue, Buena Vista Avenue, and Third Avenue. ACT 81. In relation to ecrtain streets in. [Stats. 1877-8, p. 964.] This act related to the following streets: Santa Clara Avenue, Railroad Avenue, Versailles Avenue, Pearl Street, Broadway, Clinton Avenue, Bay Avenue, ami San Jose Avenue. Cal Rep. Cit. 70, 86. Acts S2-95 ALAMEDA COUNTY. 22 ACT 82. To provide funds for school department of. [Stats. 1877-8, p. 599.] ACT 83. Act to incorporate. [Stats. xST 1 ^, p. 276.] Amended and supplemented 1874, 448; 1S76, 367. Repealed 1877-8, P. S9, chap. LXXIX. ACT 81. Incorporating. [Stats. 187 7-8, p. 89.] Superseded by incorporating, in 1SS4, under the Municipal Corpora- tion Act of 1SS3. TITLE 12. ALAMEDA COUNTY. ACT 89. Officers of, salaries. [Stats. 1873-4, p. 185.] Amended 1875-6, 166. Repealed by County Government Acts, 1897, 501, sec. 160. ACT 90. Fixing salaries of certain officers of. [Stats. 1871-2, p. 720.] Repealed by County Government Act, 1S97, 501, sec. 160. This act fixed the salaiies of the treasurer, the county recorder and deputy, the county clerk and deputies, and the district attorney. ACT 91. County assessor, abolishing office of and creating town- ship assessors. [Stats. 1873-4, p. 90.] Repealed by County Government Act, 1S97, 452. ACT 92. Constables, duties of. [Stats. 1877-8, p. 105.] Superseded by County Government Act, 1S97, 492, sees* 153, 154. ACT 93. County clerk to employ additional deputie.. [Stats. 1875-6, p. 365.] Repealed by County Government Acts, i897, 452. ACT 94. To provide an additional judge for. [Stats. 1881, p. 20.] ACT 95. Providing for one additional judge for. [Stats. 1893, p. 3.] Cal Rep. Cit. 104, 235; 104, 236. 23 ALAMEDA COUNTY. Acts 96-10* ACT 96. To provide one additional judge for. [Stats. 1901, p. 295.] ACT 97. Road overseers, fixing compensation of, and relating to road and poll tax. [Stats. 1877-8, p. 109.] Superseded by Political Code, sec. 2652, as amended 1891, 478, and County Government Acts. 1897. 452. ACT 98. Salary of road overseer of Brooklvn road district. [Stats. 1877-8, p. 251.] Repealed by Political Code, sec. 2642, as amended 1891, abolishing the office. ACT 99. Relative to the powers and duties of the sheriff of in the matter of attachments in said county. [Stats. 1877-8, p. 922.] Modified by County Government Acts, 1897, 501, sec. 160. ACT 100. Fixing the compensation of sheriffs, deputy sheriffs, and county jailers of. [Stats. 1877-8, p. 950.] Repealed by County Government Acts, 1897, 501, sec. 160. » ACT 101. Deputy sheriff of, fixing compensation of. [Stats. 1873-4, p. 601.] ;ilcd 1S97, 501, sec. 1C0. ACT 102. Supervisors, to fix the pay of. [Stats. 1877-8, p. 736.] Repealed by County Government Acts, 1897, 501, sec. 160. ACT 103. Supervisors to establish a receiving hospital in Oakland. [Stats. 1877-8, p. 640.] ACT 104. Giving supervisors control of bridge across estuary of San Antonio. [Stats. 1877-8, p. 3.] ACT 105. Executions from justices' courts. [Stats. 1877-8, p. 106.] Repealed 1880, 19. ACT 106. Fees, regulation of. [Stats. 1875-6, p. 127.] Repealed by fee bill (1895, 267) as to officers therein named. Acts 107-117 ALAMEDA CREEK. 24 ACT 107. Collection of licenses in. [Stats. 1877-8, p. 255.] Repealed by County Government Acts, 1897, 473, sec. 56. ACT 108. Ratifying and confirming a resolution of the supervisors granting certain rights and privileges to the Berkeley Horse Eailroad Company. [Stats. 1877-8, p. 136.] ACT 109. Transfer of school moneys to and from the state treasury by. [Stats. 1877-8, p. 170.] Repealed by County Government Act, 1897, 572, sec. 215. ACT 110. Road tax in Oakland. [Stats. 1871-2, p. 4.] Superseded. "Road taxes can no longer be levied within municipal corpora- tions. (County Government Act. 1S97, 466; Miller v. County of Kern, 24 Cal. Dec. 47S.)"— Code Commissioner's Note. This act provided that the road tax of hte county of Alameda collected within the city of Oakland should be paid to the city treas- ury and become part of the street fund of the city. ACT 111. To encourage destruction of gophers and squirrels in. [Stats. 1871-2, p. 432.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. ACT 112. Squirrel nuisance, abatement of. [Stats. 1873-4, p. 321.] Amended 1875-6, 338. This act applied to Contra Costa and Alameda counties. Cal. Rep. Cit. 83, 169. TITLE 13. ALAMEDA CREEK. ACT 117. Declaring navigable, and providing for the removal of ob- structions therein. [Stats. 1873-4, p. 308.] Superseded by Political Code, sec. 2349, as amended 1891. 25 ALIENS. Acts l£2-lJif TITLE 14. ALIENS. ACT 122. To prohibit the issuance of licenses to aliens not eligible to become electors of the state of California. [Stats. 1880, 39.] "Unconstitutional. (People v. Quong On Long, 6 Pac. C. L. J., 192; see Pol. Code, sec. 36C6, as amended 1901, 635.)"— Code Commis- sioners' Note. ACT 123. To provide for indexing the names of persons who have declared their intention to become or who have become citizens of the United States, in the several courts of record in this state. [Approved February 8, 1872. Stats. 1871-2, p. 80.] "Section 1 probably in force, section 2 superseded by fee bill ot 1895, 267."— Code Commissioner's Note. ACT 124. Relative to escheated estates. [Stats. 1856, 137.] Superseded by Civil Co-de, sees. 671, 672. This act provided that aliens might inherit the same as native born, but they must claim the property in five years. ACT 125. Prohibiting aliens from fishing in the waters of the state. [Stats. 1880, p. 123.] Unconstitutional. (In re Ah Chong, 5 Pac. C. L. J. 451.) Cal. Rep. Cit. 72, 463; 78, 367; 78, 368. ACT 126. Relating to the appointment of aliens to office. [Stats. 1880, p. 23.] This act forbade the appointment of aliens to office. It was prob- ably superseded by the following act: ACT 127. An act to secure to native-born and naturalized citizens of the United States the exclusive right to be employed in any department of the state, county, city and county, or incorporated city or town government in this state. [Approved March 23, 1901; Stats. 1901, 589.] The people of the state of California, represented in senate and assembly, do enact as follows: Acts 132-136 ALPINE COUNTY. 16 Section 1. No person, except a native-born or natural- ized citizen of the United States, shall be employed in any department of the state, county, city and county, or incor- porated city or town government in this state. Sec. 2. It shall be unlawful for any person, whether elected, appointed or commissioned to fill any office in either the state, county, city and county, or incorporated city or town government of this state, or in any department thereof, to appoint or employ any person to perform any duties whatsoever, except such person be a native-born or natural- ized citizen of the United States. Sec. 3. No money shall be paid out of the state treas- ury, or out of the treasury of any county, or city and county, or incorporated city or town, to any person employed in any of the offices mentioned in section two of this act, ex- cept snob person shall be a native-born or naturalized citi- zen of the United States. Sec. 4. This act shall take effect immediately. TITLE 15. ALPINE COUNTY. ACT 132. Providing for payment of salaries and fees of officers of. [Stats. 1871-2, p. 703.] Repealed by County Government Act, 1897, 574, sec. 219. ACT 133. Traveling fees of sheriffs of. [Stats. 1873-4, p. 236.] Amended 1877-8, 372. Repealed by County Government Acts, 1897, 56S, 571, 572, sees. 211, 214, 215. ACT 134. Treasurer of, bond of. [Stats. 1875-6, p. 140.] Repealed by County Government Act, 1897, 475, sec. 66. Cal. Rep. CIt. -54. 536; 54, 537; 54, 539. ACT 135. Tax for payment of grand and trial jurors in. [Stats. 1877-8, p. 215.] Superseded by subds. 12 and 18, sec. 25, County Government Act, 1897, 460. ACT 136. Extending time for selling property for delinquent taxes. [Stats. 1875-6, p. 389.] Repealed 1S77-7S3. 27 ALVISO CITY— AMADOR COUNTY. Acts 111-107 TITLE 16. ALVISO CITY. ACT 141. To incorporate the town of Alviso. [Stats. 1852, p. 222.] TITLE 17. AMADOE CITY. ACT 146. Hogs and goats running at large in. [Stats. 1873-4, p. 905.] Repealed 1897, 198. TITLE 18. AMADOE COUNTY. ACT 151. Salaries and compensation of officers of. [Stats. 1875-6, p. 370.] Repealed by County Government Acts, 1897, 548, sec. 189. ACT 152. Supervisors, act in relation to. [Stats. 1873-4, p. 443.] Repealed by County Government Acts, 1897, 453, 492, sees. 10, 157. ACT 153. Eevenue of. [Stats. 1873-4, p. 446.] Superseded by subds. 12 and IS, sec. 25, County Government Act, 1897, 460. 463. ACT 154. Supervisors authorized to levy an additional tax. [Stats. 1871-2, p. 172.] Superseded by the general powers given by the County Govern- ment Acts. ACT 155. Providing for the payment by, to Calaveras County, of in- terest on a certain indebtedness; supplementing act of March 31, 1866. [Stats. 1871-2, p. 698.] ACT 156. To provide for the location, construction and maintenance of roads in. [Stats. 1877-8, p. 703.J Repealed 1883, 5, chap. X, sec. 2. ACT 157. Authorizing supervisors to declare the portion of Amador and Nevada wagon road which lies in Amador County a toll-road. [Stats. 1877-8, p. 963.] Acts 158-178 AMERICAN WATER AND MINING CO.— ANIMALS. 2S ACT 158. To prevent trespassing of goats on inclosed lands in. [Stats. 1877-8, p. 536.] TITLE 19. AMERICAN WATER AND MINING COMPANY. ACT 163. Authorizing American Water and Mining Company to ex- tend its works. [Stats. 1860, p. 155.] Amended 1871-2, 471 TITLE 20. ANAHEIM. ACT 168. Incorporation of. [Stats. 1877-8, p. 309.] Superseded by incorporating, in 1888, under Municipal Corpora- tion Act of 1883. ACT 169. Legalizing incorporation of. [Stats. 1877-8, p. 27.] Superseded by incorporating, in 1888, under the Municipal Cor- poration Act of 1883. TITLE 21. ANATOMY. ACT 174. To provide for the study of anatomy. [Stats. 1863-4, 321.] It was superseded by Political Code, sees. 3093-3096. TITLE 22. ANIMALS. See Cruelty to Animals, post; Estrays, post. ACT 178. An act to prevent the spread of contagious diseases among animals. [Approved March 20, 1905. Stats. 1905, 317.] Section 1. Any person having the care, custody or con- trol of any animal that dies from tuberculosis, glanders, farcy, Texas fever, or other infectious disease, shall imme- diately upon the death of such animal cremate or bury the aame, or cause the same to be cremated or buried. 29 ANIMALS. Acts 179-13J Sec. 2. Any common carrier of persons or freight that shall transport any animal suffering with or that has died from the diseases, or any of them, mentioned in section 1 of this act a greater distance than is necessary to transport such animal to the nearest crematory, shall be deemed guilty of a misdemeanor. Sec. 3. No animal that has died of any of the diseases named in section one of this act, shall be sold, used or per- mitted to be used for the food of human beings or sold, used or permitted to be used for the food of any domestic animal or fowl. Sec. 4. Any person, firm or corporation that shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall be pun- ished by a fine of not less than $50 and not more than $500, or by imprisonment in the county jail for a term not exceed- ing 180 days, or by both such fine and imprisonment. See. 5. This act shall take effect immediately. ACT 179. To prevent the spread of contagious and infectious diseases among domestic animals. [Stats. 1893, p. 302.] This act is in full in the Appendix to the Penal Code, 1903, p. 571. Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 402d, note. ACT 180. To protect domestic livestock from contagious and infectious diseases, to provide for the appointment and duties of officials to carry into effect the provisions of this act, and to provide an appropriation therefor. [Stats. 1899, p. 129.] Amended 1905, 423. This act created the office of state veterinarian. ACT 181. To protect sheep and Cashmere and Angora goats against ravages of dogs. [Stats. 1865-6, 225.] Superseded in part by Civil Code, sec. 3341, and probably not In force. ACT 182. Providing for the retention of the hides of slaughtered cattle in certain counties. [Stats. 1863, p. 359.] Amended 1863-4, 261. Probably superseded by Political Code, sec. 3185, and 1893, 325. This act applied to the counties of Santa Clara, San Diego, San Bernardino, San Luis Obispo, Contra Costa, San Mateo, Alameda. Santa Barbara, and Marin. ACT 183. For the better protection of stock-raisers in Fresno, Tulare, Monterey, and Maripor Counties. [Stats. 1865-6, p. 322.] See 1S93, 235. This act required hides of cattle to be kept fifteen days, and made provisions as to branding of calves, and required records to be kept of slaughtered animals. It was continued in force by Political Code, sec. 19, and Penal Code, sec. 23. ACT 184. Regulating the disposition of the hides of cattle killed or slaughtered in the state. [Stats. 1893, p. 235.] This act provi-ded for the retention and inspection of the hides. ACT 185. To encourage the destruction of wild animals in the dif- ferent counties of the state, and authorizing the board of supervisors of each of said counties to fix and de- termine the bounty for the destruction of the same. [Approved March 15, 1883. Stats. 1883, 368.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. Cal. Rep. Cit. 65, 563; 65, 564. ACT 186. Destruction of squirrels and gophers. [Stats. 1869-70, 316.] It applied to Alameda, L'onlra Costa, Fresno, Stanislaus, Merced, San Joaquin, and Yolo counties. It was repealed as to Stanislaus County by act of 1875-6, 513. Superseded by subd 26, sec. 25, County Government Act, 1897, 465. ACT 187. Squirrels, destruction of. [Stats. 1875-6, p. 143.] Amended 15*75-6, 6o7, and made applicable to San Luis Obispo Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. This act related to Stanislaus, tfanta Cruz, San Joaquin, Merced, Fresno, San Benito, Tulare, San Mateo, Santa Clara, Monterey, and Kern counties. ACT 188. To encourage destruction of squirrels, gophers or other wild animals, in counties of Los Angeles, Napa, Merced San Bernardino, and Santa Cruz. [Stats. 1871-2, p. 92.] 31 ANTIOCH— ANTONIO CREEK. Act 189-20'J Repealed as to Los Angeles, 1S73-4, 34; as to Santa Cruz, 1873-4; 129; as to San Bernardino, 1S73-4, 691; as to Napa, 1877-8, 569; in toto, 1S80, 108. ACT 189. Destruction of certain wild animals. [Stats. 1875-6, p. 533.] Repealed 1877-8, 2. This act provided for bounties for the destruction of certain wild animals in the counties of Mendocino, Del Norte, Humboldt, Placer. Lake, San Luis Obispo, and Colusa. ACT 190. To prevent the stealing of dogs. [Stats. I860, 70.] Superseded by Penal Code. ACT 191. To prevent combinations to obstruct the sale of livestock. [Stats. 1893, p. 30.] This act appears in full in Civil Code, Appendix, p. 665. ACT 192. To prevent tampering with animals and to prevent the giv- ing or administering of poison or drugs to horses, cattle, dogs, animals and other livestock except for medic- inal purposes, and making the same a misdemeanor. [Stats. 1901, 553.] This act appears in full In Penal Code, Appendix, p. 569. TITLE 23 ANTIOCH. ACT 197. Defining boundaries of. [Stats. 1871-2, p. 725.] Superseded by incorporating the town in 1SS0 under the Municipal Corporation Act of 1883. TITLE 24. ANTONIO CREEK. ACT 202. To declare Antonio Creek, in Contra Costa County, navi- gable. [Stats. 1852, 182.] Incorporated in Political Code, sec. 2349. Cal. Rep. Cit. 118, 181. Acts 207-219, § 1 ANTWERP MESSENGER— ARBITRATION. 32 TITlE 25. ANTWERP MESSENGER. ACT 207. For the protection of the Antwerp messenger or homing pigeon. [Stats. 1897, p. 37.] APIARIES. See post, Bee-Culture. TITLE 26. APPRENTICES. ACT 212. Apprentices and masters, act relative to. [Stats. 1875-6, p. 842.] Amended 1S80, 28. This act appears in full in Civil Code, Appendix, p. 668. Codified by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 264, note. ACT 213. To provide for binding minors as apprentices, clerks, or servants. [Stats. 1858, 134.] Superseded by Civil Code, sees. 264 et seq. ACT 214. To authorize the managers of the San Francisco Orphan Asylum or any other orphan asylum to bind as ap- prentices, clerks, and servants, orphan or half-orphan children under their care and tuition. [Stats. 1860, p. 37.] Supp. 1869-70, 334. TITLE 27. ARBITRATION. ACT 219. An act to provide for a state board of arbitration for the settlement of differences between employers and em- ployees, to define the duties of said board, and to appropriate the sum of twenty-five hundred dollars therefor. [Approved March 10, 1891; Stats. 1891, p. 49.] Section 1. On or before the first day of May of each year, the governor of the state shall appoint three com- 33 ARBITRATION. Act 219, §§ 2, 3 petent persons to serve as a state board of arbitration and conciliation. One shall represent the employers of labor, one shall represent labor employees, and the third member shall represent neither, and shall be chairman of the board. They shall hold office for one year and until their succes- sors are appointed and qualified. If a vacancy occurs, as soon as possible thereafter the governor shall appoint some one to serve the unexpired term; provided, however, that when the parties to any controversy or difference, as pro- vided in section two of this act, do not desire to submit their controversy to the state board, they may by agree- ment each choose one person, and the two shall choose a third, who shall be chairman and umpire, and the three shall constitute a board of arbitration and conciliation for the special controversy submitted to it, and shall for that purpose have the same powers as the state board. The members of the said board or boards, before entering upon the duties of their office, shall be sworn to faithfully dis- charge the duties thereof. They shall adopt such rules of procedure as they may deem best to carry out the provisions of this act. Sec. 2. Whenever any controversy or difference exists between an employer, whether an individual, copartnership, or corporation, which, if not arbitrated, would involve a strike or lockout, and his employees, the board shall, upon application, as hereinafter provided, and as soon as prac- ticable thereafter, visit, if necessary, the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by either, or both, to adjust said dispute and make a written decision thereof. This decision shall at once be made public, and shall bo recorded upon proper books of record to be kept by the board. Sec. 3. Said application shall be signed by said em- ployer, or by a majority of his employees in the department of the business in which the controversy or difference exists, or* their duly authorized agent, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work, without any lockout or strike, until the de- cision of said board, which must, if possible, be made within three weeks of the date of filing the application. Immediately upon receipt of said application, the chairman Gen. Laws— 3 Act 219, 55 4-8 ARBITRATION. 34 of said board shall cause public notice to be given of the time and place for hearing. Should the petitioners fail to keep the promise made therein, the board shall proceed no further thereupon without the written consent of the adverse party. And the party violating the contract shall pay the extra cost of the board entailed thereby. The board may then reopen the case and proceed to the final arbitration thereof as provided in section two hereof. See. 4. The decision rendered by the board shall be binding upon the parties who join in the application for six months, or until either party has given the other a written notice of his intention not to be further bound by the conditions thereof after the expiration of sixty days or any time agreed upon by the parties, which agreement shall be entered as a part of the decision. Said notice may be given to the employees by posting a notice thereof in three conspicuous places in the shop or faetory where they work. Sec. 5. Both employers and employees shall have the right at any time to submit to the board complaints or grievances and ask for an investigation thereof. The board shall decide whether the complaint is entitled to a public investigation, and if they decide in the affirmative, they shall proceed to hear testimony, after giving notice to all parties concerned, and publish the result of their investi- gations as soon as possible thereafter. Sec. 6. The arbitrators hereby created shall be paid five dollars per day for each day of actual service, and also their necessary traveling and other expenses incident to the duties of their office shall be paid out of the state treasury; but the expenses and salaries hereby authorized shall not exceed the sum of twenty-five hundred dollars for the two years. Sec. 7. The sum of twenty-five hundred dollars is hereby appropriated out of any money in the state treasury »ot otherwise appropriated, for the expenses of the board for the first two years after its organization. ^ , Sec. 8. This act shall take effect and be in force from and after its passage. 35 ARCHITECTURE. * Act 224, § 1 TITLE 28. ARCHITECTURE. ACT 224. An act to regulate the practice of architecture. [Approved March 23, 1901. Stats. 1901, 641.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within sixty days from and after the passage of this act, the governor of the state shall appoint ten persons, which persons so appointed shall constitute a board, which board shall be known and designated as the state board of architecture. Five members of said board of architecture, shall be residents of the northern district of California, and shall constitute the northern district for the examination of applicants for certificates to prac- tice architecture in this state. And five members of said board shall be appointed from the southern district of California, and shall constitute the southern district board for the examination of applicants for certificates to prac- tice architecture in this state. The northern district shall be all that portion of the state north of the northerly line of the county of San Luis Obispo and the county of Kern and the county of San Bernardino. And the southern district shall be all that portion of the state south of the northerly line of the county of San Luis Obispo and of the county of Kern and of the county of San Bernardino. Said state board of architecture shall be appointed by the governor as follows: Five members shall be appointed from the members in good standing of the San Francisco Chapter of the American Institute of Architects, or some similar institution or association of architects, two of whom shall be designated to hold office for two years. Five members shall be appointed from the members of the Southern California Chapter of the American Institute of Architects, or some similar insti- tution or association of architects, two of whom shall be designated to hold office for two years. Each person so appointed shall hold office for four years, unless so designated to hold office for two years. And thereafter, upon the expiration of the term of office of the persons so appointed, the governor of the state shall appoint a suc- cessor or successors to such outgoing person or persons whose term of office shall have expired, to hold office for four years; provided, that the membership of the Act 224, §§ 2, 3 ARCHITECTURE. 36 state board of architecture shall be composed as herein set forth. Each member shall hold over after the expira- tion of his term of office until his successor shall have been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the gov- ernor of the state for the unexpired term in like manner. The members of the board shall serve without compensa- tion from the state. The i of the board shall be paid out of the fees collected from applicants for cer- tificates. Sec. 2. The members of the state board of architecture shall, before entering upon the discharge of the duties of their office, take and file with the secretary of state the constitutional oath of office. The said state board of archi- tecture shall, within thirty days from and after their ap- pointment, meet and eieet from their number a preside rit and a vice-president, one of whom shall be a resident of the northern district, and one a resident of the southern district, and two secretaries, one from each district. The secretaries shall also act as treasurers. The person receiv- ing the highest number of votes shall be secretary, and the person receiving the next highest number of votes, as- sistant secretary. Said persons shall hold office for two years, or until their successors shall have been duly elected and qualified. Sec. 3. The board may adopt rules and regulations for the government of its proceedings, not inconsistent with this act. The state board shall adopt a seal for its own use, and one for each of the districl hoards. The seal used by the northern district board shall have the words "Northern District" inscribed thereon, and the one for the southern district shall ha • ..ue words "Southern Dis- trict" inscribed thereon, and the secretary and assistant secretary shall have charge, care and custody thereof. The secretary shall keep a correct record of all the pro- ceedings of the board, which shall be open to public mination at all times. Six members shall constitute a quorum for the transaction of business of the state board of architecture, and three members shall constitute a quo- rum of the district boards for the transaction of business. Special meetings of the state board of architecture shall be called by the secretary upon the written request of four of its members, and by giving twenty days' written notice of such meeting, and the time and place at which such meeting is to be held, to each member of the board. The district board shall call special meetings upon the 37 ARCHITECTURE. Act 224, $ 3 written request of two of its members made to the sec- retary, and upon five days' written notice to each mem- ber of such district board. Within thirty days from and after the date of their appointment, the sta.i,e board shall meet to organize, elect officers as in this act provided for, and formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture in this state; and such other rules and regulations as may be necessary and proper, not inconsistent with this act. The board may from time to time repeal or modify its rules and regu- lations, not inconsistent with this act. The state board shall meet annually, on the second Tuesday in April, for the purpose of transacting such business as may lawfully come before it, not inconsistent with this act. The dis- trict boards shall hold their regular meetings for the ex- amination of .applicants for certificates to practice archi- tecture, on the last Tuesday of January, April, July and October of each year. The board of the northern district shall meet in San Francisco; and the board of the south- ern district shall meet in Los Angeles, and at such other times and places as they may elect, to examine applicants for certificates. Any person shall be entitled to an exam- ination for a certificate to practice architecture, upon pay- ment, to the district board when he makes application, of a fee of fifteen dollars, which fee shall oe retained by the board; should the applicant pass a satisfactory exami- nation by said district board, the secretary shall, upon the payment to him of a further fee of five dollars, issue to the applicant a certificate, signed by the president and secretary; sealed with the seal of the district board, and directed to the secretary of state, setting forth the fact that the person therein named has passed a satisfactory examination, and that such person is entitled to a cer- tificate to practice architecture in this state, in accordance with the provisions of this act; and upon the payment to the secretary of state of a fee of five dollars, the sec- retary shall at once issue to the person therein named a certificate to practice architecture in this state in ac- cordance with the provisions of this act, which certificate shall contain the full name of the applicant, his birth- place and age, together with the name of the district board issuing the certificate, and date of issuance thereof. All papers received by the secretary of state on application for certificate shall be kept on file in his office, and a proper index and record thereof shall be kept by him. Act 224, §§4, 5 ARCHITECTURE. 38 Sec. 4. Any architect in good standing, who shall show to the satisfaction of the district board of the district in which such architect may reside, that he was engaged in the practice of the profession of architecture on the date of the passage of this act, shall be granted a certificate without passing an examination, on the payment to the district board of a fee of five dollars; provided, such ap- plication shall be made within six mou t lis from and after the passage of this act. Said certificate shall set forth the fact that the person to whom the same was issued was practicing architecture in this state at the time of the passage of this act, and that the person therein named is entitled to a certificate to practice architecture without having to pass an examination by the district board; and the secretary of state shall, upon the payment to him of a fee of five dollars, issue to the person named therein a certificate to practice architecture in this state, in ac- cordance with the provisions of this act. Each certificated architect shall have his certificate recorded in the office of the county recorder, in each and every county in this state, in which the holder thereof shall practice, and he shall pay to the recorder the same fee as is charged for the recording of deeds. A failure to have his certificate so recorded shall be deemed sufficient cause for revocation of such certificate. Sec. 5. After the expiration of six months from the passage of this act, it shall be unlawful, and it shall be a misdemeanor, punishable by fine of not less than fifty dol- lars nor more than five hundred dollars, for any person to practice architecture without a certificate in this state, or to advertise, or put out any sign or card, or other device which might indicate to the public that he was an architect; provided, that nothing in this act shall prevent any person from making plans for his own buildings, nor furnishing plans or other data for buildings for other persons, pro- vided the person so furnishing such plans or data shall fully inform the person for whom such plans or data are furnished, that he, the person furnishing such plans, is not a certificated architect; provided, that nothing in this act shall prevent the employment of an architect residing out of the state of California to prepare plans and specifica- tions for buildings or other structures within the state, conditioned he shall present satisfactory evidence to the board of the district in which the structure is to be erected that he is a competent architect, when such board shall is- sue to such architect a temporary certificate for such employ- 39 ARCHITECTURE. Act 224, § § 6, 7 ment, upon the payment of a fee of five dollars. Architects' certificates issued in accordance with the provisions of this act shall remain in full force until revoked for cause, as hereinafter provided for in this act. A certificate may be revoked for dishonest practices, or for gross incompetency in the practice of the profession, which questions shall be determined by the district board of the district in which the person whose certificate is called in question shall re- side, or shall be doing business; and upon a full investiga- tion of the charges by the district board, an opportunity having been given the accused to be heard in his own de- fense or by counsel; and upon the verdict of at least four members of the district board, the board may issue its cer- tificate to the secretary of state revoking the certificate of the person accused; and the secretary of state shall there- upon cancel such certificate. And on the cancellation of such certificate, it shall be the duty of the secretary of the dis- trict board to give notice of such cancellation to the county recorder of each county in this state, whereupon the re- corder shall mark the certificate recorded in his office "Can- celed. ' ' After the expiration of six months the person whose cer- tificate was revoked may have a new certificate issued to him by the secretary of state upon the certificate of the dis- trict board by which the certificate was revoked. Every certificated architect shall have a seal, the impres- sion of which must contain the name of the architect, his place of business, and the words "Certificated architect," with which he may stamp all plans prepared by him. Sec. 6. This act shall take effect from and after its pas- sage. !Sec. 7. Each regularly certificated architect shall pay an annual license fee of five dollars, said fee to be paid to the secretary of the board of the district of which he shall be a resident, and shall be payable in advance on January 1, and shall become delinquent the first day of April, of each year, after which date it shall be delinquent, and the certifi- cate of such architects who shall fail to pay their license fees by April 1 of each year, shall be subject to cancellation by said district board, and notice of such cancellation shall be sent to each county recorder of the state of California and to the secretary of state, as provided in section 5 of the act to regulate the practice of architecture, approved March 23, 1901, for cancellation of certificates. And the secretary of the said district shall issue a receipt signed by the presl- Acts 229-245 ARMS— ARTESIAN WELLS. » dent and secretary of the district, and under the seal of the district board, to each architect paying said license fee, showing that said certificated architect has paid his annual license fee, which license receipt shall be displayed in a prominent place in the office of said architect. The fees so collected shall be used to meet the expenses of the state board of architecture. [New section approved March 26, 1903. Stats. 1903, p. 522; in effect immediately.] TITLE 29. ARMS. ACT 229. To provide for the issuing arms and accoutrements to colleges and academies. [Stats. 1862, 483.] ACT 230. Military academies, act to furnish arms to. [Stats. 1871-2, p. 121.] TITLE 30. ARREST. For the relief of persons imprisoned on civil process. [Stats. 1850, p. 407; amended 1863, 93.] Superseded by Code of Civil Procedure, sees. 1143-1154. TITLE 31. ARROYO DEL MEDO. To declare the Arroyo del Medo in Santa Clara County nav- igable. [Stats. 1852, 223.] Incorporated in Political Code, sec. 2349. TITLE 32. ARTESIAN WELLS. ACT 245. An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in this state. [Approved March 9, 1878; 1877-8, 195; amended 1901, 284.J 41 ARTESIAN WELLS. Act 245, §§ l-o What artesian wells declared nuisances — Misdemeanor. Section 1. Any artesian well which is not capped, or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is sit- uated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor. Same. Sec. 2. Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suf- fers, or permits the water to unnecessarily flow from sueh well, or go to waste, is guilty of a misdemeanor. Artesian well defined. Sec. 3. An artesian well is denned, for the purposes of this act, to be any artificial well, the waters of which will flow continuously over the natural surface of the ground ad- jacent to sueh well at any season of the year. Waste defined. Sec. 4. Waste is defined, for the purpose of this act, to be the causing, suffering or permitting the waters flowing from such well to run into any river, creek, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any per- son other than that of the owner of sueh well, or upon pub- lic lands of the United States or of the state of California, unless it be used thereon, for the purposes and in the man- ner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so con- strued as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for ornamental ponds or fountains, or the propagation of fish. Proceedings for misdemeanor. Sec. 5. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any jus- tice 's court of the county in which such well is located, and shall, upon conviction, be fined for each offense not less than ten or more than fifty dollars. There shall also, upon con- viction had, in addition to such fine, be taxed against such party the cost of prosecution. Such fine and costs may be collected as in other criminal cases, and the justice may also Acts 250-255 ASSAULT— ASSESSORS. 43 issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in civil cases. Duty of supervisors. Sec. 6. It shall be the duty of the supervisors or road- masters, on complaint of any citizen within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute or cause to be instituted, criminal action for all violations of the provisions of this act, or for all public offenses defined in this act committed within such district. Repeal. Sec. 7. An act entitled "An act to regulate the use of artesian wells and to prevent the waste of subterranean waters in Santa Clara and Los Angeles counties," approved March eighteenth, eighteen hundred and seventy-six, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 8. Repealed. [Stats. 1901, 284.] Amendment became a law under constitutional provision without governor's approval. March 14, 1J01, Stats. 1901, 284; in effect immedi- ately. Sec. 9. This act shall take effect and be in foree on and after the first day of July, A. D. eighteen hundred and sev- enty-eight. TITLE 33. ASSAULT. ACT 250. To punish assaults with caustic or corrosive liquids and sub- stances. [Stats. 18G7-8, 194.] Superseded by Penal Code, sec. 244. TITLE 34. ASSESSORS. ACT 255. County treasuries, protection of. [Stats. 1873-4, p. 393.] Probably repealed by County Government Acts, 1897, 452. This act required the assessors of Siskiyou, Calaveras, Amador, and Alpine counties appointing deputies, in pursuance of power giren by the board of equalization, to pay such deputies. 43 ATTORNEY -GENERAL. Acts 260-2*5-1 TITLE 35. ASSIGNMENTS OF CONTEACTS. ACT 260. Relative to bonds, due bills and other instruments in writing and making them assignable. [Stats. 1850, p. 332.] This act has not been In terms repealed, and in the absence or • positive legislation, it is difficult to tell what, if any, part of it is in force. TITLE 36. ATTORNEY-GENERAL. ACT 263. An act making an appropriation for the contingent ex- penses of the office of the attorney-general. [Approved June 14, 1906.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. The sum of two thousand dollars is hereby appropriated out of any money in the state treasury, not otherwise appropriated, for the contingent expenses of the attorney-general's office. Sec. 2. The controller is hereby authorized to draw his warrant on the state treasurer for the amount hereby appro- priated, and the treasurer is hereby directed to pay the same. Sec. 3. This act shall take effect immediately. ACT 264. An act making an appropriation for the purchase of law books for the attorney-general. [Approved June 14, 1906.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. The sum of five thousand dollars is hereby appropriated out of any money in the state treasury, not otherwise appropriated, for the purchase of law books for the office of the attorney-general. Sec. 2. The controller is hereby authorized to draw his warrant on the state treasury for the amount hereby appro- priated, and the treasurer is hereby directed to pay the same. Sec. 3. This act shall take effect immediately. Acts 265-282 BANKRUPTCY AND INSOLVENCY. 44 ACT 265. The better to enable the collection of judgments in favor of the state. [Stats. 1858, 159.] This act authorized the attorney-general to bid in property un-Jer execution In favor of and for the benefit of the state. It was super- seded by Political Code, eec. 470, subd. 8. ACT 266. To provide the office of the attorney-general with law books required by him for the conduct of his business and re- quiring the state librarian to provide and furnish the same. [Stats. 1895, p. 65.] TITLE 37. ATTORNEYS AT LAW. ACT 271. Concerning attorneys and counselors at law. [Stats. 1851, 48.] Amended 1S59, 60; 1861, 40; 1869-70, 578. Superseded by Code or Civil Procedure, sees. 275 et seq. TITLE 38. AUBURN. ACT 276. Authorizing the trustees of Auburn to remove a cemetery and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.] TITLE 39. BANKRUPTCY AND INSOLVENCY. ACT 281. Insolvent debtors, relief of. [Stats. 1875-6, p. 581.] Supplementing act of May 4, 1852. Repealed by Insolvent Act of 1880, 82. Cal. Rep. Cit. 64, 492. ACT 282. For the relief of insolvent debtors. [Stats. 1880, p. 82.] Amended 1891, 511; 1S93, 45. Repealed 1S95, 131. Cal. Rep. Cit. 65, 363; 106, 579; 141, 76; 141, 77. 43 BANKS AND BANKING. Acts 28 ! !' ! ACT 283. For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debtors. [Stats. 1895, p. 131.] Amended 1S97, 35. Superseded by the federal law. Cal. Rep. Cit. 117, 28; 118, 435; 126, 638; 127, 104, 130, 572; 130, 573; 138. 739; 138, 740; 138, 742; 139, 259; 139, 260; 139, 356; 139, 357; 139, 35b; 139. 359; 139, 360; 139, 361; 141, 99; 141, 100. TITLE 40. BANKS AND BANKING. ACT 288. For the formation of savings corporations. [Stats. 1862. p. 199.] Amended 1863-4, 158, 531; 1865-6; 626; 1869-70, 130; 1871-2, 132. Sup- plemented 1867-8, 459. "Repealed by section 288, Civ. Code; and even as to pre-existing corporations modified by the codes and the constitution. (McGowan v. McDonald, 111, Cal. 57.)"— Code Commissioner's Note. See, also, L.aid- law v. Pacific Bank, 70 Pac. 277; Murphy v. Pacific Bank, 119 Cal. 334. Cal. Rep. Cit. 72, 200; 111, 62; 111, 62; 119, 338; 137, 394; 137, 395. 144, 222; 144, 226; 144, 227. ACT 289. Supplemental to the act for formation of savings corpora- tions. [Stats. 1867-8, p. 459.] Repealed by section 288, Civ. Code. See note to Act 632, post. ACT 290. To provide for the formation of corporations for the ac- cumulation of funds and savings and the direct promo- tion of manufacturing and mechanic arts, agriculture and mining. [Stats. 1869-70, 525.] Repealed by section 288, Civ. Code. See note to Act 6S2, poat. ACT 291. Concerning corporations engaged in banking. [Stats. 1875-6, p. 729.] Repealed 1893, 112; 1895, 77. This act provided for the publication of sworn statements by banks. Cal. Rep. Cit. 72, 56; 97, 32. ACT 292. To compel savings banks to publish a sworn statement of unclaimed deposits. [Stats. 1893, p. 183.] Act? 293-29G BANKS AND BANKING. it This act appears In full in Civil Code, Appendi3, p. 674. Codified by amendment of Civil Cede, adopted 1905. See Civil Code Supp., § 583b, note. Repealed 1905, 582. ACT 293. To compel all depositaries of moDcy and commercial banks to publish a sworn statement of all unclaimed deposits. [Stats. 1897, p. 27.] This act appears in full in Civil Code, Appendix, p. 675. Codified by amendment of Civil Code, adopted 1905. See Civil Code Supp., § 5S3b, note. Repealed 1905, 582. ACT 294. Providing for the dissolution and -winding up of savings banks, trust companies, etc., and providing for disposi- tion of funds not claimed within five years. [Stats. 1891, p. 271.] This act appears In full In Civil Code, Appendix, p. 67«. ACT 295. Creating a board of bank commissioners. [Stats. 1877-8, p 740.] Amended 1887, 90; 1895, 172; 1901, 30. Repealed 1903, 73. Cal R*p Cit. 106, 69; 79, 465; 86, 259; 97, 472; 100, 111; 102, 4,fl; 106, 69; 1X5, 457; 133, 108; 141, 78; 145, 706; 145, 710; 145, 711. ACT 298. An act creating a board of bank commissioners, and pre- scribing their duties and powers. [Approved March 24, 1903. Stats. 1903, 365. Am'd. 1905, p. 304.] The People of California represented in senate and as- sembly do enact as follows: Section 1. Within ten days after the paspage of this act the governor shall appoint, by and with the advice and con- sent of the senate, four competent persons, one of whom shall be an expert of accounts, to be styled bank commissioners; and the governor shall designate, at the time of such appoint- ment, their respective terms of office in accordance with the following classification, viz.: Two of said commissioners shall serve for two years, and two for four years. Their successors shall be appointed by the governor, and hold their office for the term of four years and until their successors are appointed and qualified. Should a vacancy occur either by death, removal from the state or otherwise, the governor Bhall appoint his successor for the unexpired portion of his term. The persons who are so appointed shall have no offi- <7 BANKS AND BANKING. Act 296, §§2-4 cial connection with nor be in the employ of any savings bank, bank, banking company, or banking society, nor shall they, during their terms of office, own or be interested in the Btock or other property thereof. Said commissioners shall have their office in the city of San Francisco. Sec. 2. The bank commissioners, before entering upon the duties of their office, must execute an official bond in the sum of twenty thousand dollars, and take the oath of office, all as prescribed by the Political Code for state officers in general. Sec. 3. The duties of the baDk commissioners shall be to prepare and furnish to every savings bank, bank, and bank- ing company, or any other corporation incorporated under the laws of this state, or of any other state or territory, or foreign country, doing a banking business in this state, ap- plying therefor, a license, in the form to be prescribed by them, authorizing such corporation to use the name and to transact the business of a savings bank, bank, or banking company, until the first day of July next thereafter; to re- ceive and place on file in their office the reports required to be made by savings banks, banks, or banking corporations, by this act; to prepare and furnish, on demand, to all per- sons, firms, partnerships, corporations, or officers required to make and return statements or reports to said bank com- missioners by the provisions of this act, blank forms for such statements or reports as may by law be required of them; to make, on or before the first day of October in each year, a report to the governor of this state, containing a tabular statement and synopsis of the several reports which have been filed in their office since their last report, and any other proceedings had or done by them under this act, showing generally the condition of the respective savings, commercial and other banking corporations or institutions of this state, and sueh other matters as in their opinion may be of interest to the public, with a detailed statement, veri- fied by their oaths, of all moneys and fees of office received by them during the same period. Sec. 4. It shall be the duty of one or more of the bank commissioners, as designated by the commissioners, once in each year, and as often as in their judgment may be deemed necessary, without previous notiee, to visit and make, per- sonally, a full exaTnination of each and every corporation mentioned in section three of this act; to inspect all books, papers, notes, bonds, or evidences jf debt of such corporation, and all securities; to ascertain the condition of every such corporation, its solvency, its ability to fulfill its obligations, Act 296, §§5-8 BANKS AND BANKING. 48 and, if, in their opinion, it is deemed necessary, report its condition to the attorney-general as soon as practicable after such examination. Sec. 5. Such commissioners must examine, under oath, any of the officers, agents and servants of any such corporation, in relation to the affairs and condition of such corporation, and may administer such oath personally: and whoever shall neglect or refuse, after demand and notice thereof, and with- out justifiable cause, to appear, or testify under oath, be- fore the said commissioners in the discharge of their duties, shall be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment in the county jail not exceed- ing one ? ear, or by both sueh fine and imprisonment. Sec. 6. If any bank commissioner shall have knowledge of the insolvency or unsafe condition of any corporation mentioned in this act, and shall neglect to report the same, in writing, to the attorney-general, as required by this act, he shall, on conviction thereof, be punished by a fine not exceeding ten thousand dollars nor less than five thousand dollars, or by imprisonment in the county jail not less than one year nor more than two years, or by both such fine and imprisonment, and his offiee shall be declared vacant by the governor, and a successor be appointed for" the unexpired term. Sec. 7. No corporation shall use the name or transact the business of a savings bank, or bank, or banking corpora- tion, without the license provided for by section three of this act; and any corporation violating this provision shall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who enters upon, engages in, or carries ou, or in any manner attends to the business or management of a savings bank, or bank, or bank- ing corporation, doing business without such license, whether as manager, principal, agent, officer, employee, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such business; and any violation of this section is also hereby declared to be a misdemeanor. Sec. 8. Any corporation mentioned in section three of this act, including banks in liquidation or insolvency, shall, when- ever required by the board of bank commissioners, make a report in writing to the commissioners, verified by the oath of its president and its secretary, or cashier, or its two prin- cipal officers. Said report shall show the actual financial 49 BANKS AND BANKING. Act 296, § 8 condition of the corporation making the report at the close of any past day by the commissioners specified, by stating: First — The amount of its capital stock, and the number of shares into which it is divided; Second — The names of the directors, and the number of shares of stock held by each; Third — The total amount actually paid, in money, by stock- holders for capital stock, and the total amount of reserve fund, if any; Fourth — The total amount due to depositors; Fifth — The total amount and character of any other liabil- ities it may have; Sixth. — The amount at which the lot and building occu- pied by the bank for the transaction of its regular business stands debited on its books, together with the market value oi all other real estate held, wiiether acquired in settlement of loans or otherwise; the amount at which it stands debited on the bank books; in what county situated, and in what name the title is vested, if not in the name of the corpora- tion itself; Seventh — The amount loaned on real estate, specifying the amount secured on real estate in each county separately; also specifying the name of the person in whose name the property is held in trust, or as security, in case it is held in any name other than that of the bank, and the instrument creating the security does not of itself disclose the name of the bank; Eighth — The amount invested in bonds, designating each particular class, and the amount . thereof ; Ninth — The amount loaned on stocks and bonds, designat- ing each particular class, and the amount thereof; Tenth — The amount of money loaned on other securities, with a particular designation of each class, and the amount loaned on each; Eleventh — The actual amount of money on hand or depos- ited in any other bank or place, with the name of the place where deposited, and the amount in each place; Twelfth — Any other property held or any amount of money loaned, deposited, invested, or placed, not otherwise herein enumerated, with the place where situate, and the value of such property, and the amounts so loaned, deposited, or placed. The oaths of the officers to the statements above required shall state that they, and each of them, have a personal knowledge of the, matters therein contained, and that they believe every allegation, statement, matter and thing therein Gen. Laws — i Act 296, §§ 9, 10 BANKS AND BANKING. SO contained is true; and any willfully false statement in the premises shall be perjury, and shall be punished as such. The reports as provided for by this section shall by the com- missioners be required from each and every corporation herein mentioned at least three times in each year, and shall be transmitted to the commissioners within fifteen days after the receipt from them of a request or requisition there- for. Sec. 9. Any corporation mentioned in section three of this act. failing to furnish to the bank commissioners any report by them required under the provisions of this act within the time herein specified, shall forfeit the sum of one hun- dred dollars per day during the time of such default. Sec. 10. If the bank commissioners, on examination of the affairs of any corporation mentioned in section three of this act, shall find that any such corporation has been guilty of violating its charter, the laws of this state, or any of the provisions of this act, or is conducting business in an un- safe manner, they shall, by an order addressed to the cor- poration so offending, direct discontinuance of such illegal and unsafe practices, and a conformity with the require- ments of the law and its charter, and of the provisions of this act. And if such corporation shall refuse or neglect to con- form with such requirements before the expiration of the time in order specified, or if it shall appear to said commis- sioners and they shall unanimously decide that it is unsafe for any such corporation to continue to transact business, it shall be the duty of the commissioners immediately to take such control of such corporation, and all the property and effects thereof, as may be necessary to prevent waste or di- version of assets, and to hold possession of the same until the order of court hereinafter mentioned, and to immediately notify the governor and the attorney-general of their action; and it is hereby made the duty of the attorney-general, upon receiving such notification, to immediately commence suit in the proper court against such corporation, and all the di- rectors or trustees thereof, to enjoin and prohibit them from the transaction of any further business. If, upon the hear- ing of the case, the court shall find that such corporation is solvent and may safely continue busniess, it shall dismiss the action, and order that the corporation be restored to the possession of the property, but if the court shall find that it is unsafe for such corporation to continue business, or that such corporation is insolvent, said court shall by its decree order such corporation into involuntary liquidation, and shall issue the injunction applied for, and shall cause SI BANKS AND BANKING. Act 296, 5 10 the same to be served according to law, and shall order tne commissioners to surrender the property of the corporation in their possession to a receiver appointed by the court for the purpose of liquidation in such proceeding, under the or- ders and direction of the court. The issuance of the injunc- tion hereinbefore provided for shall, by operation of law, dissolve any and all attachments levied upon any property of such corporation within one month next preceding the date of the notification by the commissioners to the gov- ernor and the attorney-general as provided for in this sec- tion; and no attachment or execution shall, after the issu- ance of such injunction and during the process of liquida- tion, be levied upon any property of such corporation, nor shall any lien be created thereon. If a receiver be appointed, before surrendering to him the property of the corporation for purposes of liquidation, the person named as receiver shall execute to the people of the state of California, an un- dertaking, with sufficient sureties, in an amount to be fixed by the court, that he will well and truly perform all the duties devolving on him by reason of such receivership, and that he will faithfully discharge the duty of receiver in the proceeding, and obey the orders of the court therein. Ev- ery receiver appointed under the provisions of this section shall make report of the conditions of the affairs under his charge to the bank commissioners in the same manner as the solvent banks mentioned in this article are, by law, re- quired to do, and, in addition thereto, shall state the amount of dividends paid, debts collected, and the money realized on property sold, if any, since the previous report. The brink commissioners shall have the power, and it is hereby m..ie their duty, to examine the conditions of the affairs of every such corporation in liquidation, in the same manner as in case of solvent banks, businesses, and institutions, and they Bhall have a general supervision of the affairs of such cor- poration in liquidation. They shall have the power to limit the number of employees necessary to close up the business of any such corporation in liquidation, and also to limit the salaries of the same, and shall do all in their power to make such liquidation as economical and as expeditious as the interests of the creditors, depositors and stockholders will admit. If any officer or employee of any association or corporation solvent, insolvent, or in liquidation, or if any other person, shall refuse to comply with the provisions of this section, or disr< gard or refuse to obey the directions of said bank commissioners, given in accordance with the pro- visions of this act, such person, officer, or employee shall be Act 296, §§ 11-13 BANKS AND BANKING. M punished by a fine not exceeding five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. When the receiver herein provided for shall have been appointed and qualified, the duties of the attorney-general shall end. The bank commissioners shall, by a resolution entered upon its minutes, concurred in by at least three members, have power to employ legal counsel for any of the purposes men- tioned in this section or to enforce any of the penalties pre- scribed by this act, without the consent of the attorney- general, the expense thereof to be a charge against the in- dividual bank concerning which said services are required, and if more than one bank, then pro rata among such banks. Sec. 11. The bank commissioners shall each receive a salary of three thousand six hundred dollars per annum, and necessary traveling expenses, not to exceed, for the four commissioners, the sum of four thousand dollars per annum, to be audited by the state controller and paid by the state treasurer, in the same manner as the salaries and expenses of other state officers. No person while holding any other office, or engaged in business of any kind requiring his per- sonal attention between the hourse of nine A. M. and fo^ir P. M., shall serve as bank commissioner. Sec. 12. The bank commissioners shall furnish each member of the legislature with a copy of their annual report, at each session of the legislature, during the first week of the session. Sec. 13. The bank commissioners shall have the power to appoint a secretary, at a salary of three hundred ($300) dollars per month. It shall be the duty of the secretary whenever required by the bank commissioners to visit and make personally a full examination of any corporation mentioned in section three (3) of this act and report its condition to the bank commissioners, and the secretary shall be allowed his actual expenditures necessarily incurred in making such examina- tion and report, and for this purpose the secretary of the bank commissioners is hereby empowered to administer oaths. The said commissioners shall keep their office open for business from nine o 'clock A. M until four o 'clock P. M. every day, except nonjudicial days. They shall procure roonis necessary for their office at a rent not to exceed one hundred ($100) dollars per month. They may also provide stationery, fuel and other conveniences necessary for the 53 BANKS AND BANKING. Act 296, §J 14, 16 transaction of their duties, not exceeding in the aggregate the sum of four thousand ($4000) dollars per annum, and cause their annual reports to the governor of this state to be printed by the lowest bidder and distributed, at a cost not to exceed two thousand ($2,000) dollars per annum, and which printing shall be exempt from the provisions of Ar- ticle XII, Chapter III, Title I, Part III, of the Political Code. All expenditures authorized in this section shall be audited and paid in the same manner as the salary of the commissioners. [Am'd. 1905, p. 305.] Sec. 14. All reports required to be made to the bank commissioners by the provisions of this act shall be filed, and kept on file, by the bank commissioners, in their office, and shall be open to the inspection of the public during their office hours. Sec. 15. To pay the salaries, the cost of printing the bank commissioners' annual reports, and all other necessary expenses of the commissioners, as provided for in this act, every corporation, person or partnership, receiving a license shall pay annually therefor, in advance, to the commission- ers, in gold coin, the sum of forty ($40) dollars. To meet the balance of such expenses, after deducting there- from the amount received from licenses, each of said cor- porations, persons and partnerships shall pay annually, in advance, to the commissioners, in gold coin, its, his or their share of the amount of said balance; the share to be paid by any such corporation, person or partnership, to be deter- mined by the proportions which the deposits of any such corporation, person or partnership bear to the aggregate deposits of all such corporations, persons or partnerships receiving licenses, as shown by the latest reports of such corporations, persons and partnerships to the commissioners. Said commissioners shall, on demand made therefor, and without charge, furnish to every corporation, society, asso- ciation, company, institution, partnership, person or per- 80ns, mentioned in this act, copies of papers, statements and reports filed in their office, and may, as provided by this act, recover any and all moneys payable to them by any corporation, association, society, company, institution, part- nership, person or persons herein mentioned; and all moneys collected or received by such bank commissioners, or either of them, under or by virtue of the provisions herein, shall be by them delivered to the treasurer of this state, who shall pay the same into a fund, which is hereby created, and which shall be known as the "Bank Commissioner's Fund. ' ' And the unexpended balance of all moneys here- Act 296. §§ 16-21 BANKS AND BANKING. M tofore paid into the state treasury by said bank commis- sioners shall be transferred to said fund and become a part thereof. [Am'd. 1905, p. 305.] Sec. 16. The bank commissioners shall keep proper books of record of all acts, matters, and things done by them under the provisions of this act, which shall be open to the inspection of the public during their office hours. Sec. 17. The bank commissioners or either of them may issue subpoenas for witnesses to attend and testify before them or either of them on any examination by this act au- thorized, which must be served, obeyed, and enforced as provided in the Code of Civil Procedure for civil cases; the commissioners to issue attachments, and impose the penalty for disobedience, and the witnesses may be punished' as provided in the Penal Code. Sec. 18. The bank commissioners may sue for and re- cover, in the name of the people, in any court of competent jurisdiction, all sums of money which become due, payable, or forfeited by any of the provisions of this act. Sec. 19.- The commissioners shall, upon the expiration of their term of office, deliver to their successors, or if there be none, then to the controller of state, all property, books, reports and papers of every description pertaining to their office. Sec. 20. Every person engaged for himself, or any per- son being the cashier, manager or agent of two or more persons, not incorporated, engaged in the business of bank- ing in this state, or publicly receiving money on deposit, must apply for and take out a license for such privilege, and shall be subject to the same requirements, limitations, lia- bilities, penalties, and provisions as are in this act pro- vided for incorporated banks or banking corporations, so far as the same appertain to said business. [Am'd. 1905, p. 306.] Sec. 21. The use of the word "bank," or any other word or terms denoting or implying the conduct of the busi- ness of banking, or the use of the word "savings," alone or in connection with other words denoting or implying the conduct of the business of a savings institution, or a savings and loan society, is hereby prohibited to all per- sons, firms, associations, companies, or corporations other than those subject to the supervision of the bank commis- sioners or required by this act to report to them, and no license as in this act provided shall be issued by the com- missioners to any corporation that does not receive money 55 BANKS AND BANKING. Act 296, §§22-24 from the public as deposits in manner customary with com- mercial or savings banks. Any person, firm, association, company, or corporation not subject to the supervision of the bank commissioners or not required by this act to re- port to them, making use of terms implying conduct of a bank, savings bank, or savings and loan society by means of signs, advertisements, letter heads, bill heads, blank notes, blank receipts, certificates, circulars, or any -written or printed or partly written and partly printed paper what- ever, having thereon any artificial or corporate name or other word or words indicating that such business is the business of a bank, savings bank, or savings and loan so- ciety, shall forfeit for each day the offense is continued the sum of one hundred dollars, to be recovered as provided in this act. Sec. 22. The commission hereby established shall be *he legal successor of the bank commissioners created by the act creating a board of bank commissioners, approved March 30, 1878, and the acts amendatory thereto, and shall be entitled to have and receive all the books, records and other property acquired by and belonging to the said bank com- missioners and shall be substituted for and continue in the stead and place of said bank commissioners all suits ac- tions and proceedings at law now pending wherein said bank commissioners are a party. Sec. 23. No bank, banking corporation, person or part- nership, shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously con- tracted in good faith; and stock so purchased or acquired shall, within six (6) months from the time of its purchase, be sold at public or private sale; and in default thereof, after demand by the bank commissioners, the charter of such corporation shall be deemed forfeited, and the bank commissioners may institute liquidation proceedings against said corporation, as is provided in section ten of this act. [Am'd. 1905, p. 306.] Sec.- 24. Every banking corporation, except savings banks, and every person and partnership doing a banking business, shall at all times have on hand in cash an amount equal to at least twenty (20%) per cent, of its demand or immediate liabilities and time certificates of deposit, if its principal place of business is located in any city of the state having a population of two hundred thousand (200,000) Acts 301, 306 BARBERS— BEE-CULTURE. 86 and over; and an amount equal to at least fifteen (15%) per cent of its demand or immediate liabilities and time certificates of deposit, if its principal place of business is lo- cated elsewhere in the state. One-half of such cash re- serve may consist of moneys on deposit subject to call with any solvent bank or trust company. Cash shall include specie, national bank notes, legal tender notes, and all paper obligations of the United States circulating as money, and exchanges for clearing-house as- sociations. [Am'd. 1905, p. 307.] See. 25. No corporation which has or shall be incorpo- rated under the general laws of this state authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depository or trustee shall be permitted to act or be appointed as such unless it shall have a paid-up capital of not less than one hundred thousand ($100,000) dollars, of which one hundred thousand ($100,- 000) dollars shall have been actually paid in cash. [Am'd. 1905, p. 307.] TITLE 41. BARBERS. ACT 301. To regulate the practice of barbering, the registering and licensing of persons to carry on such practice, and to insure the better education and promote competency and skill among such practitioners in the state of Cali- fornia. [Approved February 20, 1901. Stats. 1901, 15.] Repealed 1903, 166. TITLE 42. BEE CULTURE. ACT 306. To authorize the boards of supervisors of the several coun- ties of this state to appoint inspectors of apiaries and provide for their compensation, and defining their du- ties, and for the further protection of bee culture. [Ap- proved March 13, 1S83; 1883, 285.] Repealed 1901, 13. The nature of the act appears from Its title. 57 BENEVOLENT CORPORATIONS. Acts 307-31! ACT 307. To promote the apicultural interests of the state of Cali- fornia by providing county inspectors of apiaries, and defining their duties, and providing for their compen- sation, and repealing the act entitled "An act to au- thorize the board of supervisors of the several counties of this state to appoint inspectors of apiaries, and pro- vide for their compensation, and defining their duties, and for the further protection of bee culture," approve 1 March 13, 1883. [Approved February 20, 1901. Stats. 1901, 13.] Amended 1903, 7. TITLE 43. BENEFIT SOCIETIES. ACT 312. Mutual benefit and relief associations. [Stats. 1873-4, p. 745.] Amended 1880, 25; 1901, 6. This act appears in full in Civil Code, Appendix, p. 678. Codified by amendments of Civil Code adopted 1905. See Civil Code, Supp , § 452a, note. Cal. Rap. Cit. 128, 263; 142, 491; 142, 492; 142, 493; 142, 495; 142, 496. TITLE 44. BENEVOLENT COKPORATIONS. ACT 317. To further extend the act concerning corporations. [Stats. 1857, p. 75.] This act authorized the formation of corporations for benevolent purposes. See note to act 632, post. ACT 318. Further extending act concerning corporations. [Stats. 1858, p. 57.] Amended and supplemented 1858, 264. This act allowed the formation of corporations for charitable and benevolent purposes. ACT 319. Supplementary to act of 1850 concerning corporations. [Stats. 1858, p. 264.] This act authorized the formation of corporations for benevolent and literary purposes. See the note to act 632, post. Acta 324-339 BENICIA— BIG TREKS. M TITLE 45. BENICIA. ACT 324. To settle land titles in. [Stats. 1865-6, p. 107.] ACT 325. To cede certain property to. [Stats. 1855, 239.] This act ceded to Benicia the entire waterfraat of that city. Cal. Rep. Clt. 113, 345. ACT 326. Election of assessor, city marshal, and treasurer of. [Stats. 1877-8, p. 400.] Superseded by incorporating, in 1886, under Municipal Corporation Act of 1883. ACT 327. To provide for the government of. [Stats. 1S59, 314.] Supplemented 1860, US; 1861, 17. Amended 1862, 231; 1867-8, 3, 206; 1869-70, 854; 1873-1, 777. Superseded by incorporating, in 1&*, under the Municipal Corporation Act of 1S83. TITLE 46. BERKELEY. ACT 332. To incorporate the town of. [Stats. 1877-8, p. 888.] Superseded by the charter of Berkeley, 1895, 410. (Miner v. Jus- tices' Court, 121 Cal. 264.) ACT 333. To create a justice's court for the town of. [Stats. 1895, p. 205.] Unconstitutional. (Miner v. Justices' Court, 121 Cal. 264.) TITLE 47. BIG TREES. ACT 338. Big trees, protection of, in Fresno, Tulare and Kern Coun- ties. [Stats. 1873-4, p. 347.] ACT 339. To provide for the management of the Mariposa big tree grove. [Stats. 1880, 44.] Amended 18S5, 212. 53 BOARD OF EXAMINERS. Acts 344-JS'i TITLE 48. BILLS AND NOTES. ACT 344. Relating to bills of exchange and promissory notes. [Stats. 1850, p. 247.] Superseded by provisions of Civil Code relating to negotiable instruments. Cal. Rep. Cit. 90, 107; 103, 322; 103, 323. TITLE 49. BLUE BOOK. ACT 349. To provide for the compilation, printing, binding, publish- ing and distribution of a legislative manual and state blue book, or roster, and repealing conflicting acts. [Approved February 13, 1903. Stats. 1903, 19.] Former acts can be found in Statutes 1891, 454, and 1893, 218. TITLE 50. B'NAI B'RITH. ACT 354. Concerning order of B'nai B'rith. [Stats. 1867-8, p. 310.] Repealed by sec. 28S, Civ. Cede. See note to act 632, post. This act conferred corporate power on this society. TITLE 51. BOARD OP EXAMINERS. ACT 359. Purchase of supplies for state officers and members of the legislature. [Stats. 1875-6, p. 314.] This act constituted the state board of examiners a furnishing board with certain powers and duties. ACT 360. To authorize the state board of examiners to invest the moneys derived from the state school lands in the bonds of the several counties of this state. [Stats 1871-2, 54. Repealed 1883, 25.] Acts 361-36S BOARDS OF FREEHOLDERS— BONDS. W ACT 361. Authorizing state board of examiners to sell old furniture and all material belonging to the state and not re- quired for public use. [Stats. 1891, p. 452.] ACT 362. Prescribing certain duties to be performed by the state controller, state treasurer, and state board of examin- ers. [Stats. 1871-2, p. 118.] This act appears in full in Political Code, Appendix, p. 1103. TITLE 52. BOARDS OF FREEHOLDERS. ACT 367. In relation to municipal elections where the same are held separate from general state elections, and elections held under the authority of section eight of article eleven of the constitution, to elect boards of freehold- ers, or to vote upon proposed charters or upon amend- ments to existing charters, and to repeal an act en- titled an act in relation to elections held under the authority of section eight of article eleven of the con- stitution, approved March 31, 1897. [Approved March 4, 1899. Stats. 1899, 63.] Cal. Rep. Cit. 133, 344. BOARDS OF TRADE. See title Chambers of Commerce. TITLE 53. BOXDS. ACT 368. An act making the cost of certain bonds of receivers, as- signees, trustees, guardians, administrators and execu- tors chargeable to a certain extent against the trust estate. [Approved March 20, 1905. Stats. 1905, 477.] Section 1. Any receiver, assignee, trustee, guardian, ad- ministrator or executor required by law or by the order of court to give a bond as such, shall be allowed as part of the lawful expense of executing his trust, the sum paid for such bond, not exceeding, however, one-half (Y 2 ) of one (1) per cent of the amount of such bond, for each year that the same shall remain in force. 61 BONDS. Acta 30-S/6 ACT 369. To provide for funding the indebtedness of counties in certain cases. [Stats. 1884, 8.] Superseded by County Government Act, subd. 13, sec. 25, 1897, 460. ACT 370. To provide for the funding indebtedness of the several counties of the state and the issuing of bonds therefor. [Stats. 1889, p. 37.] Superseded by sec. 25, County Government Act, 1897, 457. ACT 371. Authorizing the several counties of the state to create a bonded indebtedness. [Stats. 1889, p. 348.] Superseded by sec. 25, County Government Act, 1897, 460. ACT 372. Providing for submitting to the qualified electors of a countv or city and county a proposed issue of bonds. [Stats. 1883, p. 375.] Superseded by sec. 25, County Government Act of 1S97, and a» to San Francisco by its charter. ACT 373. Authorizing the board of supervisors of any county, or any subdivision of a county, having a bonded debt, to refund such debt at a less rate of interest. [Ap- proved March 18, 1885, 211.] Superseded by subd. 13, sec. 25, County Government Act, 1897, 460. ACT 374. To provide for the payment of interest on the outstanding bonds of the state held in trust for the university fund and the state school fund. [Stats. 1893, p. 75.] Amen-ded 1899, 93 ACT 375. To provide for the redemption and payment of certain funded debt bonds of the state. [Stats. 1893, p. 49.] ACT 376. To provide for the issuance and sale of state bonds to create a fund for the construction by the board of state harbor commissioners of a seawall and appur- tenances in the city and county of San Francisco; to create a sinking fund for the payment of said Acts 377-3S2 BONDS. 62 bonds; and providing for the Submission of this act to a vote of the people. [Approved March 20, 1903. Stats. 1903, 247.] This act provided for the submission to the people of the ques- tion of voting upon the issuance of bonds to the amount of $2,000,000 for the construction of a seawall in San Francisco. ACT 377. To facilitate the giving of bonds required by law. [Stats. 1885, p. 114.] Cal. Rep. Cit. 97, 355. This act appears In full in- Code of Civil Procedure, Appendix, p. 761; also in Civil Code, Appendix, p. 6S0. It authorized surety corporations to act as sole surety. ACT 378. In relation to suits brought on official bonds and obliga- tions in favor of the state. [Stats. 1857, 173.] Superseded by Political Code, sees. 983, 984. ACT 379. To provide for the payment by the state or counties, or cities, or cities and counties, of the premium or charge on official bonds when given by surety companies. [Stats. 1903, 476.] This act appears in full in Political Code, Appendix, p. 1041. ACT 380. To provide for the redemption and payment of certain funded debt bonds of this state, together with interest thereon, making an .appropriation therefor, and au- thorizing the state controller and state treasurer to transfer the sum of one hundred and twenty thousand dollars from the general fund to the interest and sink- ino- fund To carry cut the provisions of this act. [Ap- proved February 27, 1893. Stats. 1893, p. 49.] ACT 381. .To provide for the payment of funded indebtedness of the state of California, and to contract a funded debt for that purpose. [Approved March 31, 1891. Stats. 1891, p. 210.] The act created a board of commissioners to issue bonds for the purpose indicated and provided for the sale and redemption of the bonds. ACT 382. An act authorizing the common council, board of trustees, or other governing body of any incorporated city or N BONDS. Act 382, $$ 1. a town other than cities of the first class tc refund its indebtedness, to issue bonds therefor, and to provide for the payment of the same. LStat. approved March 9, 1897; Stats. 1897, 75, amended 1901, 274.] Unconstitutional in part. (Los Angeles v. Hance, 122 Cal. 77.) The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The common council, board of trustees, or other governing body of any incorporated city or town other than cities of the first class, in this state, having an outstanding indebtedness, evidenced by bonds or warrants thereof, or by judgment or judgments recovered against it aijon bonds or warrants originally issued by such town or oity, is empowered, by a two-thirds vote of its number, to fund or refund the said indebtedness and issue bonds of tuch city or town therefor in sums of not less than one hun- dred dollars nor more than one thousand dollars each, and having not more than forty years to run, and bearing a rate •f interest not exceeding six per cent per annum, payable iremi-annually; provided, that no indebtedness shall be refunded at a higher rate of interest than that borne by the original debt. Such bonds shall be of the character known as "serials," not less than one-fortieth of the principal being payable each year, together with the in- terest due on all sums unpaid. Principal and interest on said bdhds shall be payable in gold coin or other lawful money of the United States, as may be expressed in said bonds, at the office of the treasurer of said city or town. Said bonds shall be sold in the manner provided by such city council or other governing body, to the highest bidder therefor, for not less than their face value, in the same character of money as that in which they are payable. The proceeds of such sale shall be placed in the treasury of such city or town to the credit of the ' ' funding fund, ' ' and shall be applied only to refunding the indebtedness for which said bonds were issued. Said trustees, or other governing body, shall at the time for fixing the general tax levy for each year, and in the same manner as such tax levy is made, levy and collect sufficient money to pay such part of the principal of said bonds issued under this act as one year bears to the number of years for which the bonds are to run, and also the annual interest upon the sums unpaid. [Amended 1901, 274.] Sec. 2. Whenever sufficient money is in the funding fund, in the hands of the treasurer, to redeem one or more Act 382, §§ 3-6 BONDS. M of the outstanding bonds proposed to be refunded, he shall publish once a week for two weeks in some newspaper of general circulation published in such city or town, if there be any, a notice to the effect that he is prepared to pa}- such bond or bonds (giving the number thereof), and if the same are not presented for redemption within thirty days after the first publication of such notice, the interest on such bonds will cease. He shall, at the same time, deposit in the postomce a copy of such notice, in- closed in a sealed envelope, with the postage paid there- on, addressed to the owner or owners of such bond or bonds, at the postomce address of such owner or owners, as ehown by the record thereof kept in the treasurer's office. If such bond or bonds are not presented within the time specified in such notice, the interest thereon shall ther cease, and the amount due be set aside for the pay- ment of the same, whenever presented. All redemption ol bonds shall be made according to the priority in the order of their issuance, beginning at the first number. When- ever such outstanding bonds are surrendered and paid, the treasurer shall proceed to cancel the same by in- dorsing on the face thereof the amount for which they are received, the word "Canceled" and the date of cancellation. He shall also keep a record of such bonds so redeemed, and shall make a report of the same to the common council, or other governing body of such city or town, at least once a month, accompanying tha same therewith by the bonds which have been taken up and canceled. Sei . 3. All moneys which shall remain in said funding fund after all outstanding bonds or indebtedness as were proposed to be refunded have been taken up and canceled, shall be paid into the general fund of such city or town, and become a part thereof. [Amended 1901, 275.] Sec. 4. Chapter eighty-two of the statutes of eighteen hundred and eighty-three, chapter forty-eight of the statutes of eighteen hundred and ninety-three, and chapter one hundred and seventy-six of the statutes of eighteen hundred and ninety-five, all being laws of the state of California in conflict herewith, are hereby repealed. Sec. 5. This act shall take effect and be in force imme- diately after its passage. This act repealed the act of March 15, 1883; Stats. 18S3, P. 370, and the amendatory acts of March 1, 1893, Stats. 1893, 61, and of March 27, 1895, Stats. 1895, p. 203, providing for the refunding of in- debtedness and the Issuing of bonds. 65 BONDS. Act i!S3, §§ 1-4 ACT 383. An act providing for submitting to a vote of the qualified electors of a county, or city and county, a proposal to issue bonds. [Approved March 15, 1883; 1883, 375.] Issue of bonds to be submitted to vote. Section 1. Any county, or city and county, in which the board of supervisors may declare by resolution that the income and revenue provided for it for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-three, will not be sufficient to carry on the government of such county, or city and county, until the commencement of the fiscal year beginning July first, eighteen hundred and eighty- three, may, by resolution adopted by a majority of such board, and with the approval of the presiding officer thereof, submit to a vote of the qualified electors of such county, or city and county, a proposition to issue the bonds of 6uch couniy, or city and county, in a sum not to exceed five hundred thousand dollars, in accordance with section eigh- teen of article eleven of the constitution of the state of California. Supervisors to issue and negotiate. Sec. 2. The said board of supervisors are granted full power and authority to provide by ordinance for the print- ing, signing, custody, redemption, and issuance of all bonds under the provisons of this act, and for their negotiation, sale, or exchange for cash, or for county, or city and county indebtedness; provided, that said bonds shall not be sold below par. Sinking fund created. Sec. 3. Before any election is held to determine the ques- tion of the issuance of said bonds, the board of super- visors may provide by ordinance for the collection of an annual tax sufficient to pay the interest on any bonds which may be issued uridi r the provisions of this act, as said in- terest falls due, and also to constitute a sinking fund to pay the principal of said bonds at a time to be fixed by said board of supervisors, nol tian twenty years from the date of the passage of said ordinance. Calling of election. Sec. 4. "Whenever the said board of supervisors shall, by resolution, so r< q«< st, it shall be the duty of all officers, Gen. Laws. — 6 Act 384, § § 1-3 BONDS. 6>> boards, and commissioners, to call an election as herein, and by said board of supervisors provided for, and at the time (which shall not be less than ten days) provided for by said board of supervisors; and at said election the regis- ters used at the last general or special election shall be used without new registration. Sec. 5. This act shall be in force from and after its pas- sage. ACT 384. An act to authorize the several counties of this state to create a bonded indebtedness for certain purposes. [Approved March 19, 1889; 1889, 348.] Issuance of bonds to pay county indebtedness, not created by law, to be submitted to a vote. Section 1. Whenever it shall appear to the satisfaction of the board of supervisors of any county of this state that said county is justly indebted to any person or per- sons for money received into the treasury of said county, and used by said county, and which said indebtedness at the time of its creation was not authorized by law, they shall, by ordinance, declare that said county is justly in- debted to the person or persons named in said ordinance, in a sum named therein, and that the question of issuing bonds in the sum therein named, for the purpose of paying said debt, shall be submitted to a vote of the legal voters of said county. Notice of election. Sec. 2. The supervisors of said county shall thereupon publish a notice calling an election to be held in said coun- ty, submitting to the voters of said county the question whether said bonds shall be issued or not. The notice shall state the amount of bonds to be issued, ttie purpose for which they are issued; said notice shall be published, and the election held as provided by section thirty-seven of an act of the legislature of the state of California, en- titled ' ' An act to establish a uniform system of county and township governments," approved March fourteenth, eighteen hundred and eighty-three. Return. Sec. 3. If upon return of the election it shall appear that two-thirds of all the voters voting at such election have G7 BONDS. Act SS5, § 1 voted in favor of issuing said bonds, the supervisors are required to issue bonds in the sum named in the notice of flection, payable to the creditors named in said ordinance; said bonds shall bear interest at the rate of five per cent per annum, and shall be payable at such time as the board of supervisors shall order, not exceeding twenty yrars from date. They shall be signed by the chairman of the board of supervisors and county clerk. Tax levy to pay interest. Sec. 4. It shall be the duty of the board of supervisors each year to levy a tax sufficient to pay the annual interest on said bonds, and to pay the principal as the same shall become due. This act is to take effect from and after its passage. ACT 385. An act providing for the destruction of municipal bonds of municipal corporations where the same have been exe- cuted and remain unsold. [Approved February 26, 1S97; Stats. 1897, 34.] Section 1. Whenever there remain in the possession of any municipal corporations in this state any bonds voted to be issued for municipal purposes, which have been exe- cuted but not sold and disposed of, and the sale and dis- posal of such bonds shall be deemed by the board of trus- tees or other governing board of such city to have become impossible or inexpedient, and that their destruction is desirable, it shall be lawful for said board to give public notice of its intention publicly to destroy such bonds by a notice published for four successive weeks in the official newspaper of said city, if there be such a paper, and oth- erwise, in any newspaper published and circulated in said city which may be designated by said board; such notice shall specify the time and place of such intended destruc- tion, and the reason alleged therefor, together with a gen- eral description of the character and amount of said bonds. And it shall be lawful for said board, at the time and place and in accordance with the terms of said notice, publicly to destroy said bonds unless at least three days prior to said time, written objections to such destruction shall be filed with the clerk of said sity, signed by a majority of the legal voters of said city as appears by the vote cast at the last preceding general municipal election. Act 386, J 1 BONDS. C8 Sec. 2. No further or other issue of bonds in place of those thus destroyer! shall be made by such city, or its board of trustees, or other governing board, unless again authorized by a vote of the people as provided by law. Sec. 3. This act shall take effect and be in force from and after its passage. ACT 386. An act to authorize municipal corporations to declare all or any of their bonded indebtedness to be at once due and payable, to compromise such bonded indebtedness and to consent to a judgment in favor of the holders of the same. [Approved March 1G, 1903; Stats. 1903, 164.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever any incorporated city or town in this state has an outstanding indebtedness evidenced by the bonds tin r< of the common council, board of trustees or other governing bod}' thereof, shall have the power to sub- mit to the qualified eh ctors of such city or town at any election to be held for that purpose, the question of de- claring all or any of such bonds to be at once due and pay- able, of compromising such bonded indebtedness, of consent- ing to a judgment in favor of the holders of such bonds, and of providing for the payment of such judgment in in- stallm Said ejection si ill be called and held in the same man- ner in which other elections are held in such city or town. T'he notice of such election shall specify tne bonded in- debtedness which it is proposed to declare at onee due and payable, the terms of the proposed compromise of the same, ot the propositi judgment by consent in favor of the holders of such bonds, and the proposed method of paying such judgment in installmi nts. question shall be voted upon as an entirety. If at such election two thirds of the qualified electors vote in favor of the question submitted, the said common council, board of trustees or other gov< ruing body shall, by ordi- nance, declare the bonds described in said notice of ejec tion, to be at once due and payable and thereupon shall be authorized to carry into effect the compromise and to consent to the judgmei Bed in such notice of elec- tion, and to the proposed method of paying the same in installments, and io designate by resolution the officers and 63 BONDS. Act 387, § 1 attorneys who shall sign the necessary documents, and to provide for the collection of an annual tax, sufficient to pay the interest on such judgment as it falls due, and such a proportion of the principal thereof as is designated in such notice of election. Sec. 2. No proceeding under section one hereof shall affect the rights of any non-consenting holder of any bond or bonds specified in the notice of election. Sec. 3. In any action brought upon any of the bonds described in the notice of election, the judgment of any court of competent jurisdiction in such action, shall be con- clusive as to the regularity of all proceedings taken under the provisions of section one of this act. Sec. 4. Whenever any action is brought upon any of the bonds described in the notice of election, the plaintiff shall be required to deposit in the court iu which such action is brought, the bonds upon which he sues and when the judgment of such court, rendered in accordance with the terms of the proposed compromise described in such notice of election, becomes final, the bonds sued upon shall be de- livered to the treasurer of the city or town against which such judgment is rendered, to be held by him and his suc- cessors in office until such judgment shall have been satis- fied in full. If for any reason such judgment should be reversed or set aside or any orders or writs thereunder should be disobeyed by the defendant or its officers, it shall be the duty of such treasurer to return such bonds to the plaintiff who thereupon may at his own option be rele- gated to all the rights which he held and enjoyed under such bonds, crediting, however, on such rights, all amounts already received on such judgment. The performance of the duty imposed herein upon such treasurer may be en- forced by the court in which such judgment is rendered. Sec. 5. All acts or parts of acts conflicting with this act are hereby repealed. Sec. 6. This act shall take effect immediately. ACT 387. An act in relation to municipal bonds. [Approved February 28, 1903; Stats. 1903, 61.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the owner of any coupon bond, or of any bond payable to bearer, already issued or here- Act 387, §§ 1, 2 BONDS. 70 aftrr issued by any municipnl corporation now or hero- after existing in this state, shall present any such bond to the treasurer or other officer of such corporation, who by lnw performs the duties of treasurer, with a request for the conversion of such bond into a registered bond, such treasurer, or such other officer, shall cut off ami cancel the coupons of any such coupon bond so presented, and shall stamp, print, or write upon such coupon bond, or such othex bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be con- venient, a statement to the effect that the said bond is registered in the name of the owner, and that thereafter the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time any such bond may be transferred by such registered owner in person, or by attorney duly authorized on presentation of such bond to such treasurer, or such other officer, and the bond be against registered as before, a similar state- ment being stamped, printed, or written thereon. Such statement stamped, printed, or written upon any such bond may be in substantially the following form: (Pate, giving month, year, and day.) This bond is registered pursuant to the statute in such cases made and provided in the name of (here insert name of owner) and the interest and principal thereof are hereafter payable to such owner. Treasurer (or such other officer). After anv bond shall have been registered as aforesaid, the principal and interest of sueh bond shall be payable to the registered owner. Such treasurer, or such other offi- cer, shall keep in his office a book or books which shall at all times show what bonds are registered and in whose names respectively. Sec. 2. Whenever under any statute of this state or any charter of any municipal corporation in this state, any bonds are issued, whether the proceedings for the issuance of such bonds have been had in whole or in part prior to the enactment of this statute, or whether the same have been had in whole or in part after the enactment of this statute, such bonds may be issued either in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds, and some in the form of rog- Lst< red bonds, as has been or hereafter may be provided in the proceedings for the issuance of such bonds, .ind notwithstanding any language or provision to the contrary 71 BOOMS— BRANCXFORTE. Acts 392-408 contained in any such statute or charter authorizing tfte issuance of the bonds, or in any other law of the state. The provisions of section one of this act shall apply to coupon bonds, so issued, as well as to other coupon bonds, or other bonds payable to bearer. Sec. 3. This act shall take effect immediately. TITLE 54. BOOMS. ACT 392. Authorizing boards of supervisors to grant franchises for constructing booms. [Stats. 1881, p. 25.] Superseded by suM. 35, sec. 25, County Government Act, 181*7, 466. Repealed 1901, 265. TITLE 55. BOUNDARIES OF STATE. ACT 397. To provide for* the correction and establishment of the eastern boundary of the state. [Stats. 1889, p. 38.] Perhaps obsolete, for it provided the work was to be done In one year. ACT 398. To define and establish a portion of the eastern boundary of the state of California. [Became a law under con- stitutional provision without governor's approval, March 1, 1901. Stats. 1901, p. 89.] TITLE 56. BOUNTIES. ACT 403. Fixing a bounty on coyote scalps. [Stats. 1891, p. 280.] Repealed 1895, 1. Cal. Rep. Cit. 106, 116; 106, 120; 106, 125. TITLE 57. BRANCIFORTE. ACT 408. To settle land titles in the town of Branciforte, Santa Cruz County. [Stats. 1863-4, p. 443:] Acts 413-419 BRAZOS DEL RIO— BRIDGES. B TITLE 58. BRAZOS DEL RIO. ACT 413. Changing the name of the town of Brazos del Rio in Solano County to Rio Vista. [Stats. 1861, p. 12.] TITLE 59. BRIDGES. ACT 418. Authorizing cities to maintain drawbridges across naviga- ble streams flowing through or penetrating the bound- aries of such cities. [Stats. 1883, p. 295. J ACT 419. An act concerning bridges across navigable streams. [Approved February 25, 1897; Stats. 1897, 21.] Section 1. The board of supervisors of any county in this state now controlling or maintaining, by virtue of any statute, any bridge across any navigable stream wholly or in part within the boundary lines of any muni- cipal corporation, is hereby authorized and empowered, whenever it may become necessary, in the interest of commerce or by reason of any such bridge being out of repair, to reconstruct and rebuild any part of such bridge, or replace said bridge by a new structure, or with the consent of the governing bodi< s of such municipalities change the location of such bridge to such place on such stream as may be better suited to its use, or to the use of such navigable stream; and the board of supervisors of any county is hereby authorized to abandon any such existing bridge and rebuild a new bridge at such char location, and the board of supervisors of any such county so rebuilding and reconstructing said bridge may enter into an agreement with any person or corporation, now maintaining any bridge across any such navigable stream, tor the building of a joint bridge for the purpose of pre- venting the impeding of commerce on such navigable streams, and of apportioning the expense between caid county and said person or any corporation, in such man- ner as may be agre< d upon between said county and said person, or corporation. Sec. 2. The expense of said reconstruction, or the build- ing of a new bridge, to be payable out of the same fund 73 BRIDGES. Act 420, §§ 1-4 as is now provided by law for the maintenance and re- pair of any such bridge; provided, that in case said county should make such agreement with said person or corpora- tion for the building of any joint bridge, that only the county 'b portion of said joint bridge, as may be settled by said agreement, shall be paid from the said funds; and, provided, that in no event shall the county pay more than one-half the cost of construction, repair or reconstruction of any such joint bridge. Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall take effect from and after its passage. ACT 420. An act to provide for bridges across navigable streams, and across estuaries, ponds, swamps, or arms of bayr. that may be outside of the line of navigable waters. [Approved March 14, 1881; Stats. 1881, 76.] Power of supervisors to erect bridges. Section 1. The power to erect bridges on public high- ways acioss navigable streams in this state, or to grant franchises to individuals, or corporations for the same, is hereby granted to the boards of supervisors of the several counties of the state, under the restrictions of this act. Regulation of tolls, by whom exercised. Sec. 2. The power to grant franchises to individuals or corporations to construct bridges, and the regulation of tolls thereon, shall be exercised by the county on the left bank of all streams. Supervisors may join between counties. Sec. 3. Where a navigable stream is the boundary line between the counties, the boards of supervisors of such counties may join in the construction of a brielge, upon such toims as may be agreed upon; provided, however, that in case of a failure to agree, either county may build the bridge and maintain control thereof. Notif7 state engineer. Sec. 4. Whenever the supervisors of any county or coun- ties desire to erect a bridge on any public highway, or Act 420, §§5-7 BRIDGES. li to grant the privilege so to do to any individual or cor- porator, across a navigable stream, under the provisions of this act, said board, or boards shall notify the state engineer of such purpose, and of the precise point where such bridge is proposed to be located. The state engineer shall, within ten days of the receipt of such notice, desig- nate the width of the draw to be made in such bridge, and also the iength of the spans necessary to permit the free flow of water. » Hearing before state engineer. See. 5. The communication from the state engineer, fix- ing the draw and spans, shall be spread upon the minutes of the board, and any brielge constructed at that point shall be in conformity therewith; provided, how- ever, that the state engineer may, upon hearing before him, had upon the application of any person or body interested, made within ten days after the receipt by said board of supervisors of said communication of said engineer, change his first plans, in which case thf> modi- fied plans must be so spread upon the minutes, and shall stand in the place of the original; provided, however, that before such hearing is had, the said engineer must give ten nays' notice by publication in some newspaper pub- lished in the county or counties from which the appli- cation came, of the time and place of the hearing. Surveyor-general, when may act. Sec. 6. In case of the absence or inability of the state engineer to act, the duties devolving upon him under this act shall be performed by the state surveyor-general. Hates of toll, by whom fixed. Sec. 7. When a bridge shall be built on a navigable stream by one county, or two counties, it may be abso- lutely free, or tolls sufficient to pay in whole, or in part, for the construction, and to keep up the repairs and ex- penses thereof, may be charged; the rate to be fixed by the board of supervisors of the county in which the same is located, or, if located in two counties, then by the boards of supervisors of the two counties; or if there be any disagreement between said boards, as to imposing or removing tolls, or the rate, the matter in dispute shall be referred to the board of supervisors of some neighbor- ing county for determination, and its decision, communi- cated in writing to the clerks of the said boards respectively, shall be final; and if tolls are fixed or removed thereby, the same shall take effect on the tenth day from the date of such written determination. 74a BUILDING AND LOAN ASSOCIATIONS. Acts 425-423 Supervisors to declare necessity for building bridges. See. 8. The board of supervisors, or other governing body of any city and county, or county, in this state, shall have power to declare that it is necessary for the public convenience to have a bridge or bridges built across any estuary, swamp, pond, or arm of a bay that may lie or extend into the county, or city and county, and prescribe the points between which said bridge or bridges shall be built, and when they shall have specified the points between which it is, in their judgment, necessary to build the said bridge or bridges, they may let contracts to build the bridges, as aforesaid, and pay for the same out of the general fund of the city and county, or county. Sec. 9. This act shall take effeet immediately. TITLE 60. BROOKLYN. ACT 425. Incorporating Brooklyn. [Stats. 1869-70, p. 680.] Amended 1871-2, 409. Brooklyn Is now a part of Oakland. TITLE 61. BUILDING AND LOAN ASSOCIATIONS. ACT 429. An act creating a bureau of building and loan supervision; providing for the appointment of administration officials therefor to be known as the building and loan commis- sioners; prescribing their duties, powers and compensa- tion; providing for a secretary, his powers and compen- eation; providing for the rental of offices for the use of the bureau and for traveling and office expenses; pro- viding a system for licensing building and loan and other associations, and. for assessing and collecting the license fees necessary to meet the salaries and other expenses; providing a course of procedure where viola- tions of law, or unsafe practices are found to exist, or are n-ported by the commissioners to the attorney-general ; providing for involuntary liquidation by trustees, and pjoceedings in connection therewith; providing for ex- emption of property of associations in liquidation from attachments, executions and liens, pending liquidation; providing for and requiring associations to procure li- Act 420, §§ 1-3 BUILDING AND LOAN ASSOCIATIONS. ?4> censes, pay assessments levied for pro rata of salaries and expenses, and to make and file reports; providing penalties for violations of law and orders of the com- missioners; providing for succession in offiee, and re- pealing all acts and parts of acts in conflict herewith. [Approved March 81, 1905* Stats. 1905, G59.] Section 1. There is hereby created a bureau, to be known and designated as the "Bureau of Building and Loan Super- vision," with powers of supervision, examination and license of all building and loan associations, mutual loan associa- tions, co-operative home associations, and all other cor- porations, associations and societies, whenever, wherever and however formed, which, in the judgment- of the administra- tion of said bureau, are based, or are operating on plans or methods similar to building and loan associations as de- fined in section 6-18 of the Civil Code; it is also charged with the enforcement of all laws designed for the formation, gov- ernment or operation, in this state, of any such association, corporation or society. Sec. 2. The administration of said bureau shall be vested in two commissioners, to be known and designated as the "Building and Loan Commissioners," who shall be ap- pointed by the governor (except as herein provided) and commissioned to hold office for the term of four years and until their successors shall be appointed and have qualified. They must be citizens of this state and residents of differ- ent counties"; and they must not^be in any way connected with any association, corporation or society coming under their supervision. They shall be authorized and empowered to appoint a secretary, with powers of examination the same as their own, who must be a practical, skilled account- ant, fully conversant with building and loan accounts. Sec. 3. The commissioners shall each receive a salary of twenty-four hundred dollars per annum, and their secretary shall receive a salary of not exceeding eighteen hundred dol- lars per annum. There shall also be allowed and paid the necessary traveling expenses of the commissioners and their secretary, not to exceed the sum of eight hundred dollars per annum. The commissioners shall procure and have an office in the city of San Francisc >. for which there shall be allowed and paid a rental of not exceeding fifty dollars per month, and such office shall he kept open for business, every business day, during such hours as are commonly observed by the banks of that city as banking hours; they may also provide such fuel, stationery, printing, postage, office help 74c BUILDING AND LOAN ASSOCIATIONS. Act 423, §]j M and other necessary conveniences as may be requisite in such office, at a cost not to exceed, in the aggregate, the sum of five hundred dollars per annum. All said salaries and expenses shall be audited and paid in the same manner as the salaries and expenses of other state officers. Sec. 4. Before entering upon their respective duties the commissioners must each execute an official bond in the sum of five thousand dollars and the secretary a like bond in the sum of two thousand dollars, and each must take the oath of office as prescribed by the Political Code for state officers in general. Sec. 5. It shall be the duty of the commissioners to fur- nish to all associations, corporations or societies, which, in their judgment, legally come under their jurisdiction, and that have otherwise complied with the requirements of law, a license authorizing them to transact business for one year from the date of said license; to receive and place on file in their office the annual or other reports required by law to be made by building and loan associations or other corporations or societies licensed by them; to supply each with blank forms for such statements; and to make, on or before the first day of October in each year, a tabulated re- port to the governor of this state, showing the condition of all such associations, corporations or societies reporting to them, with such recommendation as they may deem proper, accomp'anied by a detailed statement of all moneys re- ceived by them since their last report, and the disposition thereof. Sec. 6. It shall be the duty of one or both of the com- missioners, in 'person, at least once in each year, without previous notice, to visit and examine into tne affairs of every such association, corporation or society licensed by them, incorporated or doing business in this state; on such occasions, they shall have free aceess to all the books, rec- ords, securities and papers of every such association, cor- poration or society, and shall first count the cash and check the bank balance of such corporation or association with the proper amount of funds as shown by the books to be en hand and at the date and hour of such examination, and shall then examine and verify the books, accounts, and se- curities, and, so far as possible and consistent, the values of all property owned or held as collateral security for moneys loaned, and otherwise use reasonable diligence to ascertain the financial condition and solvency thereof. They anel their secretary shall have power to administer oaths in the line of duty, and to examine under oath the officers, em- Act 429. fi§ 7. S BflLDING AND LOAN ASSOCIATIONS. »44 ployees and agents, or the custodian or receiver, relative to any or all the business thereof. The commissioners or their secretary or representative shall receive for any examimv tion into the books and affairs of any such association, cor- poration or society formed outside of the State of Califor- nia and applying for a license to do business in this state, their reasonable expenses, which shall be paid by the as- sociation, corporation or society so examined; provided, that they may accept the result of any such examination made by the duly constituted authorities of any state having similar laws of supervision. Sffc. 7. To facilitate the examinations specified in the foregoing section, they shall require every such association, corporation or society to keep its books in such form as to accurately show its assets and liabilities in detail and to keep records written in ink, showing the appraised and as- sessed values of the real estate security held in connection with each loan, and signed in each case by the appraise r, officer or committee charged with making such estimated valuations. The commissioners shall make a revaluation of the real estate owned, and of the other securities of any such association, corporation or society licensed by them, on which the loan payments may be delinquent for six months or more, and may, for that purpose, appoint local appraisers, who shall be disinterested persons, at t the ex- pense of such association, corporation or society; the ex- pense of such appraisement to be fixed by the commission- ers, but not to exceed the sum of five dollars for property located outside of any incorporated limits and three dollars for property located inside of any incorporated limits for each property so examined and appraised. Each appraiser so appointed shall be required to make a sworn report to the commissioners of his estimated valuations of all prop- erty so examined and appraised. Sec. 8. The commissioners shall have power to Issue sub- poenas and require attendance of any or all trusters, or agents of any such association, corporation or soei< ty, and such other witnesses as they may deem necessary, In rela- tion to its affairs, transactions and condition, and any- such person so served with such subpoena may upon application of the commissioner be required by order ef the superior court of the county where the corporation, association or society has its principal place ef business, to a;>r»ear and answer such pertinent questions as may be put Lo him by such commissioner and be required to produoe such books, 74e BUILDING AND LOAN ASSOCIATIONS. Act 429, § 9 papers or documents in his possession as may be required by such commissioner. Sec. 9. If the commissioners, upon any examination, or from any report made to them or to the shareholders, shall find that any association, corporation or society licensed by them, is violating the provisions of its charter or of the laws of this state provided for its government, or is conducting its business in an unsafe or unauthorized manner, they may, by an order, addressed to the association, corporation or society so offending, direct a discontinuance of such viola- tions or unsafe practices and a conformity with all the re- quirements of law; and if such association, corporation or society shall refuse or neglect to comply with such order within the time specified therein; or if it shall appear to the commissioners, in their opinion, that any such association, corporation or society is in an unsafe condition, or is con- ducting its business in an unsafe manner, such as to render its further proceeding hazardous to the public or to those having funds in its custody, they shall notify the attorney- general of such facts and furnish him with a statemeut showing its condition, as the same may have been found to exist; at the same time they shall notify the officers nf such association, corporation or society of the fact of su«rh report having been made and direct them to cease the trans- action of any new business, and to hold all moneys, securi- ties and property intact, pending the action of the attorney- general on such report. The attorney-general shall there- upon apply to the superior court, of the county in which such association, corporation or society has its principal place of business, to issue an injunction restraining it, in whole or in part, from further proceeding with its business until a hearing can be had. Such court may, in such ap- plication, issue such injunction, and after a full hearing, may dissolve or modify it, or make it perpetual, and may make such orders and decrees according to the course of proceedings in equity, to restrain or prohibit the further prosecution of business by such association, corporation or society, as may be needful in the premises; and may appoint one or more receivers to take possession of its property and effects, subject to such directions as may from time to time be prescribed by the court; or it may, by its decree, order and direct that, in lieu of the appointment of a receiver, the business and af- fairs be liquidated by a board of trustees equal in number to the board of directors, to be elected by the shareholders, at a meeting thereof, to be called for such purpose and held Act 429, §§ 10-12 BUILDING AND LOAN ASSOCIATIONS. T4t within two weeks from and after the first Monday succeed- ing the date of such order and decree; such meeting to be called and held on the order of the commissioners, one of whom shall bo present and preside until such election shall be had; whereupon he shall report the result to the proper court, and thereupon the term of office of the existing board of directors and of all the officers shall cease and determine. Such board of trustees, when so elected, shall at once as- sume office and have possession and control of all the prop- erty and assets for the purpose of liquidation; and such liquidation shall be conduct) d by such board under the su- nn of the commissioners, who shall have full power to limit the time within which it shall be accomplished, and to limit tin- number of employees and the salaries and expenses that shall be allowed and paid. The issuance of an injunction, in the manner herein provided, shall operate to dissolve or stay any and all attachments or executions initiated or h vie 1 within thirty days next preceding the date of notification of the attorney-general by the commis- sioners; and, pending the process of liquidatiou as ordered ny the court, no attachment or execution shall be levied, nor lien created, upon any of the property of such associa- tion, corporation or society. Id. Whenever a receiver or receivers are appointed, i irregularities; and immediately upon the revoking of any such license they shall report the facts to the attorney- general, who shall thereupon take such proceedings as are provided in section nine of this act. Sec. 16. The commissioners shall require every associa- tion, corporation or society licensed by them, and including associations in liquidation, within thirty days after the close of its annual fiscal term to make a report to them in writing, verified by the oath of its president and secretary, showing accurately its financial condition at the close of such term; such report shall also include all the receipts and disbursements and income and expenses for the term, to- gether with such statistical and other information as may be deemed essential; all and every of such reports shall be in such form as the commissioners may prescribe, and upon blanks to be by them furnished therefor. Eyery such as- sociation, corporation or society is hereby required to make and file all such reports within the time specified herein, and for failure or neglect so to do shall be subject to a pen- ?M BUILDING AND LOAN ASSOCIATIONS. Act «<1 alty of ten dollars per day for each and every day the same shall be delayed or withheld. Sec. 17. The collection of all moneys assessed, as herein provided, for the payment of salaries and annual expenses, or forfeitable as fines for failure to make payments of as- sessments, procure licenses, or make and file reports as here- in specified, and due from any such association, corporation or society coming within the provisions of this act, or im- posed as a penalty for violation of any order or summons, may be enforced by the commissioners, by action instituted in any court of competent jurisdiction; and all monej's col- lected or received by the commissioners under this act, shall be deposited with the state treasurer, to be credited to a fund to be known and designated as the "building and loan inspection fund"; which said fund shall only be used in de- fraying the salaries and expenses provided for by this act. Sec. 18. This act shall not be construed as affecting the terms of office of the commissioners appointeel under and by virtue of an act entitled "An act creating a board of com- missioners of the building and loan associations and pre- scribing their duties and powers," approved March twenty- third, eighteen hundred and ninety-three, and acts amenda- tory thereof, and such commissioners are hereby created the building and loan commissioners for the unexpired terms for which they were appointed, and they and their secretary are hereby vested with all the powers and duties, and are entitled to all the emoluments herein provided for; and they and their successors in office, as the buileling and loan com- missioners herein provided for, shall succeed to all the rights, privileges and benefits, and to the control and possession of all records, property and funds in the possession of or en- joyed by the board of commissioners of the building ind loan associations appointed under and by virtue of said act ot March twenty-third, eighteen hundred and ninety-three. Sec. 19. All acts and parts of acts, including an act en- titled "An act creating a board of commissioners of the building and loan associations and prescribing their duties and powers," approved March twenty-third, eighteen hun- dred an el ninety-three, and all acts amendatory thereof, are hereoy repealed. Sec. 20. This act shall take effect and be in force from and after its passage. ACT 430. Creating a board of commissioners of building and loan associations and prescribing their powers and duties. [Stats. 1893, p. 229.] Acts 435-448 BUOYS AND BEACONS— BUTTE COUNTY 743 Amended IS 5. 103. Repealed 10OE, 66fi. See ante. Act 429. This act appears in full in Civil Code, Appendix, p. 681. Partly codified by amendments of Civil Code, adopted 1905. See Civil Code Supp., § 63Sa, note. Cal. Rep. Cit. 141, 75; 141, 7S; 143, 258. BUOYS AND BEACONS, ACT 435. For the protection of buoys ami beacons. [Stats. 1873-4, '619.] This act appears in full in the Appendix to the Penal Code, p. 573 Codified by amendment of Penal Code, adopted 1905. See Penal Code Supp., § 609, note. TITLE 63. BURIAL. ACT 440. To protect the public health from infection caused by the fxhumation and removal of human remains. [Stats. 1877-8, p 1050.] Amended 1SS9, 139. Cal. Rep. Cit. 58, 227; 136, 268. See, post, Act 545. TITLE 64. BUTTE COUNTY. ACT 445. Protection of agriculture in. [Stats. 1873-4, p. 310.] Amended 1875-6. 314. Superseded by 1S97, W8. Cal. Rep. Cit. 64, 114; 117, 195. This act provided against the trespassing of animals. ACT 446. Concerning salary of cpuntv assessor of. [Stats. 1871-2, p. 270.] Repealed by County Government Act, 1897, 523, sec. 171. ACT 447. Relating to salary of treasurer and auditor of. [Stats. 1871-2, p. 709.] Repealed by County Government Act, 1S97, 523, sec. 171. ACT 448. Defiaing a lawful and partition fence in. [Stats. 1871-2, p. 700.] 73 BUTTE COUNTY. Acts 449-4."S ACT 449. To prevent hunting of game within certain private grounds in. [Stats. 1871-2, p. 471.] ACT 450. Providing for the pavment of fees for witnesses and jurors. [Stats. 1871-2, p. 233.] Amended 1873-4, 508. Repealed by fee bill, 1S95, 273, fixing jurors' and witnesses' fees. ACT 451. To rrgu]ate fees of justices in. [Stats. 1877-8, p. 683.] Repealed by the fee bill of 1895, 257. ACT 452. To provide for the appointment of two additional notaries "public for Butte County. [Stats. 1871-2, p. 36.] Superseded by Political Code, sec. 791. ACT 453. Salaries and compensation of officers.- [Stats. 1873-4, p. 733.] Amended 1875-6, 753, 906; 1S77-S, 248. Superseded by the County Government Act (Lynch v. Butte County, 102 Cal. 448). ACT 454. Authorizing transcribing records in. [Stats. 1859, p. 119.] ACT 455. Authorizing and empowering the recorder of Butte County to make copies of certain records. [Stats. 1858, p. 108.] ACT 456. Concerning roads in. [Stats. 1871-2, p. 322.] Amended 1871-2, 693. Repealed 1883, p. 5, chap. X, sec. 2. ACT 457. Eoads in. [Stats. 1873-4, p. 503.] Supeise-ded by 18S3-5, chap. X, sec. 2, and the County Government Act, 1897, 452. Cal. Rep. Cit. 81, 125. ACT 458. Boads and highways in. [Stats. 1875-6, p. 752.] Amended 1877-8, 18. Acts 459-467 BUTTER. I* "Repealed by 1SR3 5, chnp. X, sec. 2: also by Political Code, see. 2652, as amended 1R91, 478, and County Government Act, 1897, 452.' 1 — Code Commissioners' Note. ACT 459. Roads and highways in. [Stats. 1877-8, p. 402.] Repealed 1SS3, 5, chap. X. sec. 2. ACT 460. Sheriff to collect licenses, and fixing salary therefor. [Stats. 1877-8, p. 287.] Repealed by County Government Act, 1897, 473, sec. 55. ACT 461. Sheriff, act concerning, and fixing his compensation. [Stats. 1877-8, p. 567.] ACT 462. Superintendent of schools, fixing salary of. [Stats. 1873-4, p. 170.] Repealed by County Government Act, 1897, 452. ACT 463. Treasurer of, to transfer certain funds. [Stats. 1875-6, p. 355.] Superseded by subd. IS, sec. 25, 1S37. 463. This act authorized the transfer of swamp land funds to the gen- eral fund. ACT 464. Los Angeles, Sutter, and Butte counties, treasuries of, better protection of. [Stats. 1875-6, p. 365.] Supplemented and amended 1S75-6, 637, exempting Sutter County. Superseded by County Government Act, 1897, 4S3, sec. 115. This act provided for the examination and counting of the funds. TITLE 65. BUTTER. ACT 467. An ret requiring the marking of packages of butter con- taining less than si* pounds and more tliau one-half pevnd so as to advise the purchaser or others as to the weigat of butter contained in such package. [Approved March 20, 1905. Stats. 1905, p. 316.] 76a BUTTER. Act 467, §§1-5 Section 1. No person or persons, firms or corporations, by themselves or their agents or employees, shall sell, manufac- ture or prepare for sale, offer for sale or expose for sale, or have in his or their possession for sale, or consign, ship or present to any dealer, commission merchant, consumer, or other person, any butter in packages containing less than six pounds and more than one-naif pound, unless fie exact weig.it of such butter contained in such package or pack- ages, rolls, prints or other form of package, expressed in the number of pounds or ounces or in both both pounds and ounces, shall be printed or durably ana legibly marked upon the wrapper or other container oi such butter in letters or figures, or in both letters and figures, not less than one- fourth inch high and upon the same side or face of such pack ige upon which the producer's or seller's name and ad- dress appears, and if such name and address does not appear, the weight alone shall be legibly and durably placed upon such package in letters or figures not less than one-fourth of an imh high. Sec. 2 Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dol- lars, or by imprisonment in the county jail for not less than ten days nor more than fifty days, or by both such fine and imprisonment at the discretion of the court. Sec. 5. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to enforce the pro- visions of this act and to cause the prosecution of any per- son known to be guilty, or that- it has reason to believe to be guilty, of violating any of the provisions of this act. It ahull be the duty of the district attorney of each and every county in this state, upon application from the state dairy 1 ureau, to attend to the prosecution in the name of the people of any action brought for the violation of any of tin |>ro visions of this, act within his district. One-half of all fines collected for the violation of any of the provisions of this act shall be paid to the county in which the fine is imposed. The other one-half shall be paid to the state dairy bureau and by said bureau to the state treasurer and the same shall become a part of the appropriation made by law for the use of the state dairy bureau. Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 5. This section shall take effect sixty days after its passage. Act 468, §§1-3 BUTTER. 76b ACT 168. An act to prevent deception in the sale of rendvated butter and to license manufacturers and dealers in the same. [Approved March 20, 1905. Stats. 1905, p. 468.] Section 1. No person or persons, firms or corporations, by themselves or their agents or employees, shall sell, offer for sale or expose for sale or have in his or their possession for sale any renovated butter unless the same shall have printed upon each and every package, roll, print, square, or any con- tainer of such renovated butter the words "renovated but- ter" in letters not less than one-half inch in height, or who shall not have secured from the state dairy bureau, now ex- isting under the laws of this state, a license as provided hereinafter. Sec. 2. The term renovated butter as used in this act is hereby defined to mean and include butter that has been reduced to a liquid state by nulling, and drawing of sucli liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product thereof. Sec. 3. Any person or persons, firms or corporations, de- siring to manufacture or deal in renovated butter shall make application to the state dairy bureau for a license and upon payment of a license fee of the amount mentioned herein, to the state dairy bureau, said bureau shall issue to the ap- plicant a license. All such licenses shall expire December 31st of each year and may be issued in periods of one year or six months, upon payment of a proportionate part of the license fee. Manufacturers of renovated butter within this state shall pay an annual license fee of one thousand dol- lars; wholesale dealers shall pay an annual license fee of four hundred dollars; retail dealers shall pay an annual li- cense fee of fifty dollars; hotels, restaurants, boarding- houses and all other places where meals are served and pay- ment is received therefor, either immediately or by the day, week or month, and which use or furnish renovated butter in connection with said meals, shall pay an annual license fee of ten dollars. The term wholesale dealers as used herein includes all persons, firms or corporations, who shall sell renovated butter in quantities of ten pounds or more. The term retail dealers includes all persons who sell in quantities of less than ten pounds. All licenses while in force shall be conspicuously displayed in the place of business of the party or parties to whom they have been issued. The state dairy bureau shall require 'all persons holding a manufacturer's or wholesaler's license, as provided in this act, to keep a record in a form separate from all other business in which everjr sale of renovated butter shall be recorded, giving the quantity sold, the name and location of the buyer and the place to which it was shipped. Such record shall be accessible at all times to duly authorized representatives of the state dairy bureau. Sec. 4. All license fees paid to the state dairy bureau under this act shall be paid by said bureau into the state treasury, the same to be added to the appropriation made for the same fiscal year for the bureau and its expenditure shall be at the disposal of said bureau for its use. Sec. 5. Whoever shall violate any of the provision? or sections of this act shall b% deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty dollars nor more than one hundred dollars; or by imprisonment in the county jail for not less than ten days and not exceeding thirty days; and for each subsequent offeree by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the court. See. 6. It shall be the duty of the district attorney of each and every county in this state, upon application, to attend to the prosecution in the name of the people of any action brought for the violation of any of the provisions of this act within his district. One-half of all the fines imposed' for the violation of any of the provisions of this act shall be paid to the county in which the fine is im- posed. The other one-half shall be paid to the state dairy bureau, and by said bureau to the state treasurer, and the same shall become a part of the appropriation made by law for the use of said state dairy bureau. Sec. 7. An act which became a law under constitutional provision without the governor's approval, February 23, 1899, entitled "An act to prevent deception in the sale of process or renovated butter" and all other acts or parts of acts inconsistent with this act are hereby repealed. Sec. 8. This act shall take effect thirty days after its passage. ACT 469. To prevent the sale of short-weight rolls of butter. [Stats. 1893, p. 151.] This act la In the Penal Code, Appendix, p. 674, Acts 470-482 CALAVERAS COUNTY. 76(1 ACT 470. To prevent deception in the sale of process or renovated butter. [Stats. 1899, p. 25.] Repealed 1905, 470. See ante. Act 468. A section of this act is codified by an amendment of the Penal Code, adopted 1905. See Penal Code, § 383a, note. ACT 471. To prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement and to appro- priate money therefor. [Stats. 1897, 65.] This act is in full in the Penal Code, Appendix, p. 674. TITLE 66. CALAVEEAS COUNTY. ACT 476. Agriculture, protection of. [Stats. 1873-4, p. 579.] Supplemented, 1875-6, 901. Repealed 1897,^ 198. ACT 477. Providing for redemption of bonds of. [Stats. 1871-2, p. 716.] ACT 478. Constables of, regulating fees of. [Stats. 1877-8, p. 592.] Repealed by fee bill of 1895, 267. ACT 479. Supervisors and district attorney, offices of. [Stats. 1875-6, p. 141.] Repealed by County Government Act, 1897, 452. ACT 480. Regulating fees and salaries in. [Stats. 1873-4, p. 13.] Supplementing act of March 4, 1870. Repealed by County Govern- ment Act, 1S97, 547, sec. 188. ACT 481. Supplementing act to regulate fees and salaries and define duties of certain officers. [Stats. 1S71-2, p. 177.] Superseded by the County Government Act, 1897, 462. ACT 482. 'Regulating certain township offices in. [Stats. 1875-6, p. 78.] 77 CAL. AND ORE. R. R. Acts 483-4J4 Superseded by Code of Civil Procedure, sec. 103, and County Gov- ernment Act, 1S97, 474, sec. 56. This act provides for justices and constables. ACT 483. Mining claims, recording in. [Stats. 1875-6, p. 853.] Cal. Rep. Clt. 142, 411. ACT 484. Enforcing collection of poll tax in. [Stats. 1873-4, p. 494.] Amended 1877-35. Superseded by Political Code, sees. 3839, 3840, and subd. 5, sec. 25, County Government Act, 1897, 458. ACT 485. . Providing for location, construction, and maintenance of public roads. [Stats. 1871-2, p. 160.] Repealed 1873-4, 358. ACT 486. Repealing special road laws and applying the provisions of the Political Code relating to roarls and highways. [Stats. 1873-4, 359.] ACT 487. Eoad poll taxes in, collection of. [Stats. 1875-6, p. 354.] Repealed by Political Code, sec. 2652, as amended 1891, 478. ACT 488. Superintendent of public schools, salary of. [Stats. 1877-8, p. 204.] "Never went into effect. (Peachy v. Calaveras County, 59 Cal. MS.) Repealed by County Government Act, 1897, 547, sec. 188."— Code Commissioners' Note ACT 489. Treasurers of, bonds of. [Stats. 1875-6, p. 17.] Repealed by County Government Act, 1897, 475, sec. 66. TITLE 67. CALIFORNIA AND OREGON RAILROAD COMPANY. ACT 494. Giving effect to the act of congress relating to the Cali- fornia and Oregon Railroad Company. [Stats. 1867-8, p. 655.] Acts 499. 52 ACT 545. An act to protect public health from infection caused by exhumation and removal of the remains of deceased persons. [Approved April 1, 1878; Stats. 1877-8, 1050. Amended 1889, 139.] Disinterring of bodies unlawful without permit. Section 1. It shall be unlawful to disinter or exhume from a grave, vault, or other burial place, the body or re- mains of any deceased person, unless the pi i ion or per- sons so doing shall first obtain, from the board of health, health officer, mayor, or other head of the municipal gov- ernment of the city, town, or city and county where the same are deposited, a permit for said purpose. Nor shall such body or remains disinterred, exhumed, or taken from any grave, vault, or other place of burial or deposit, be removed or transported in or through the streets or high- ways oi any city, town, or city and county, unless the per- son or persons removing or transporting such body or re- mains shall first obtain, from the board of health or health officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writing, so to remove or transport such body or remains in and through such streets and highways. Permits granted upon what. See. 2. Permits to disinter or exhume the bodies or remains of deceased persons, as in the last section, may be granted, provided the person applying therefor shall produce a certificate from the coroner, the physician who attended such deceased person, or other physician in good standing cognizant of the facts, which certificate shall state the cause of death or disease of which the person died, and also the age and sex of such deceased; pro- vide d further, that the body or remains of deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any noxious or offensive odor or effluvia escaping threfrom, and that such case or coffin contains the body or remains of but one person, except where infant children of the same parent or parents, or parent and children, are contained in such case or coffin. And the permit shall contain the above conditions and the words: "Permit to remove and trans- S3 CEMETERIES. Act 545, §§ 3-5 port the body of , age , sex , ' ' and the name, age, and sex shall be written therein. The officer of the municipal government of .the city or town, or city and county, granting such permit, shall require to be paid for each permit the sum of ten dollars, to be kept as a separate fund by the treasurer, and which shall be used in defraying expenses of and in respect to such permits, and for the inspection of the metallic cases, coffins, and inclosing boxes herein required; and an account of sueh moneys shall be embraced in the accounts, and state- ments of the treasurer having the custody thereof. Misdemeanor. Sec. 3. Any person or persons who shall disinter, ex- hume, or remove, or cause to be disinterred, exhumed, or removed, from a grave, vault, or other receptacle or burial-place, the body or remains of a deceased person, without a permit therefor, shall be guilty of a misde- meanor and be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. Nor shall it be lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, steamship, steamboat, or vessel for transportation in or from this state, unless the permit to transport the same is first received, and is retained in evidence by the owner, driver, agent, super- intendent, or master of the vehicl» , car, or vessel. Transportation of bodies exhumed without permit — Misde- meanor. See. 4. Any person or persons who shall move or trans- port, or cause to be moved or transported, on or through the streets or highways of any city or town, or city and county, of this state, the body or remains of a deceased person, which shall have been disinterred or exhumed with- out a permit, as described in section two of this act, shall be guilty of a misdemeanor, and be punishable as provided in section three of this act. Eeward for information. Sec. 5. Any person who shall give information to se- cure the conviction of any person or persons for the viola- tion of the provisions of this act shall be entitled to re- ceive the sum of twenty-five dollars, to be paid trom the fund collected from fines imposed and accruing under this aet. Acts 549-355 CEMETERIES— CORPORATIONS— CENSUS. 34 Removal of remains of deceased persons. Sec. 6. Nothing in this act contained shall be taken to apply to the removal of the remains of deceased persons from one place of interment *o another cemetery or place of interment within this state; provided, that no permit shall be issued for the disinterment or removal of any body, unless such body has been buried for one year or more, without the written consent of the mayor, chair- man of the board of supervisors, or city council of any municipality of the state. [Amendment approved March 13, 1889; Stats. 1889, 139. In effect immediately.] See. 7. This act shall take effect and be in force from the thirtieth day after its passage and approval. TITLE 77. CEMETERY CORPORATIONS. ACT 549. Authorizing incorporation of rural cemetery associations. [Stats. 1859, p. 281.] AmenvJed 1863-4, 12; 1S91, 264; 1899, 36. Cal. Rep. Clt. 115, 373; 140. 232. See note to act 632, post. ACT 550. To provide the manner of execution of deeds by cemetery corporations. [Stats. 1895, p. 75.] This act appears In full in Civil Code, Appendix, p. 71tt. TITLE 78. CENSUS. ACT 555. An act to authorize any city, or city and county of this state to take its census. [Stat, approved February 25, 1897; Stats. 1897, 28.] Cal. Rep. Cit. 123, 85. Section 1. The couneil, or other legislative body of any city in this state, and the board of supervisors, or other legislative body of any city and county of this state, is hereby authorized, whenever said council, board of super- visors, or other legislative body, may deem it necessary, 83 CENTRAL PACIFIC RAILROAD COMPANY. Acts 560-oui between the years of taking the federal census, to take the census of such city, or city and county, in the manner pre- scribed by section two of tuis act. Sec. 2. Said council, board of supervisors, or other legis- lative body of any city, or city and county of this state electing to take a census, as in this act provided for, shall pass a resolution of intention declaring its inten- tion to cause such census to be taken by one or more suit- able persons appointed therefor by such council, board of supervisors, or other legislative body, at the expense of said city or cities desiring such census taken, and such census shall, by sucb persons so appointed, be taken of all the inhabitants of such city, or city and county, and in said census the full name of each person shall be plainly written and the names alphabetically arranged and regu- larly numbered in one complete series, and when com- pleted shall be verified before any officer authorized to ad- minister oaths, and be filed with the clerk of such city, or city and county. Sec. 3. A certified copy of such census shall be pre- pared by said clerk after being so filed, and shall be filed by him with the secretary of state for this state, and thereupon the same shall be known and be the official state census of said city, or city and county. Sec. 4. This act shall take effect and be in force from and after its passage. TITLE 79. CENTRAL PACIFIC RAILROAD COMPANY. ACT 560. Authorizing relocation of route of. [Stats. 1863, p. 320.] ACT 561. To aid construction of, and to secure the use of the same to this state for military and other purposes. [Stats. 1863-4, p. 344.] Cal. Rep. Cit. 66, 39; 70, 176. ACT 562. To aid in carrying out the provisions of the Pacific rail- road and telegraph act of congress. [Stats. 1863-4, p. 471.] Cal. Rep. Cit. 71, 86. ACT 563. For relief of. [Stats. 1871-2, p. 432.] Acts 568, 573, § 1 CHAMBERS OP COMMERCE— CHARITIES. SS This act validated the certificate of incorporation of the San Joaquin Valley Railroad, which consolidated with other railroads un- der the name of the Central Pacific Railroad. TITLE 80. CHAMBERS OF COMMERCE. ACT 568. To provide for the formation • of chambers of commerce, boards of trade, mechanics' institutes, and other kin- dred protective associations. [Stats. 1865-6, 469.] Amended 1867-8, 5; 1885, 76. See note to act 632, post. This act appears In full in Civil Code, Appendix, p. 689. Codified by amendments of Civil Code, adopted 1905. See Civil Code, § 591, note. TITLE 81. CHARITIES AND CORRECTIONS. ACT 573. An act to create a state board of charities and corrections, prescribing its duties and powers, and appropriating money therefor. [Approved March 25, 1903; Stats. 1903, 482.] The people of the state, of California, represented in senate and assembly, do enact as follows: Section 1. A state board of charities and corrections is hereby created of six members, to be appointed by the gov- ernor, with the advice and consent of the senate, not more than three of whom shall be of the same political party. Such members shall hold office for the period of twelve years and until tbeir successors are appointed and qualified; provided, that the members of the first board appointed under this act shall, at their first meeting, so classify themselves by lot that two of them shall go out of office at the end of four years, two at the end of eight years, and two at the end of twelve years, and an entry of such classi- fication shall be made in the minutes of said board, and a duplicate thereof shall be filed in the office of the secre- tary of state. Women may be appointed members of said board, or hold any position in the appointment of said board. 87 CHARITIES AND CORRECTIONS. Act 573, §§ 2, S No person shall be appointed a member, or continue to act as such, while he is a trustee, manager, director, or other administrative officer of an institution subject to the terms of this act. Appointments to fill vacancies before the ex- piration of such terms, shall be made for the residue of terms in the same manner as original appointments. The governor shall be ex-officio a member of said board. Sec. 2. The members shall act without compensation, but shall be allowed their actual necessary expenses. The said board may appoint a secretary, who shall receive su< h salary as may be determined by said board, not to exceed twenty-four hundred ($2400) dollars per annum. All the expenses of said board, including the salary of the secre- tary, shall not exceed the sum of six thousand ($6000) dollars in any one fiscal year, and said sum of six thousand ($6000) dollars is hereby appropriated annually therefor out of any moneys in the treasury not otherwise appropriated. The secretary of said board shall execute a bond in the sum of five thousand ($5000) dollars, and take the oath of office prescribed by the Political Code for the executive officers of this state. The board shall provide itself with an office in the city and county of San Francisco. Meetings of the board may be held at such times and in such places in the state of California as said board may deem fit. It may make such rules and orders for the regulation of its own pro- ceedings as it may deem necessary, and may fix the num- ber of members necessary to constitute a quorum. The fail- ure of a member to attend three consecutive meetings of said board during any calendar year, unless excused by for- mal vote of the board, may be construed by the governor as a resignation of said non-attending member. See. 3. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by committee, or by its secretary, to investigate, examine, and make reports upon the charitable, correctional, and penal institutions of the state, including the state hospitals for the insane of the counties, cities and counties, cities and towns of the state, and such public officers as are in any way responsible for the administration of public funds used for the relief or maintenance of the poor in public institutions or of any of the inmates of said institutions. All the persons or offi- cers in charge of or connected with such public institutions or with the administration of said funds are hereby required to furnish to the board or its committee or secretary such information and statistics as they may request or require, Act 573, § 4 CHARITIES AND CORRECTIONS. M and allow said board, committee or secretary free access to all departments of such institutions and to all of their rec- ords. In order to secure accuracy, uniformity and coin pleteness in such statistics and information, the board may prescribe such forms of report and records, by the state commission in lunacy regarding the state hospitals for tne insane and by such other officers, boards or institutions as it may deem necessary and also such forms of registration at all public institutions referred to in this section as it may require. The state commission in lunacy on behalf of the institutions under its charge and the officers of all other institutions, and all officers, in any way responsible for public funds used for the relief of the poor or the maintenance of any inmates of said public institutions, are hereby required to follow such forms, records and regis- tration so prescribed; provided, that the intent of this law is that so far as possible, the board shall make use of the forms of report, record and registration now obtaining in the state commission of lunacy and other state boards and institutions. All plans of new buildings or parts of buildings for any of the public institutions coming under the provisions of this act, or any additions or alterations in such buildings, shall, before their adoption by the proper officials, be submitted to the board for suggestions and crit- icism. Sec. 4. The board shall have the power to issue com- pulsory process to compel the attendance of any witness before said board or any member thereof, and to require the production of such books or papers relating to any pub- lic institution mentioned in section 3 of this act as they may deem necessary; provided, that no witness shall be required to attend before said board out of the county in which he resides. Any member of said board shall have power, and he is hereby authorized to administer an oath to any and all witnesses coming before said board, or any member thereof, for examination, and to examine such wit- ness or witnesses in reference to any matter relating to public institutions mentioned in section 3 of this act apper- taining to the inquiry before the board, or said member. Disobedience of a subpoena issued by said board, or refusal to be sworn, or to answer, shall subject such person dis- obeying or refusing to a forfeiture of one hundred dollars, to be recovered in a civil action brought in a court of com- petent jurisdiction by said board in its name as plaintiff, the money recovered to be appropriated to the use of said board. 89 CHEESE. Act 578, § 1 Sec. 5. No provision in this act contained shall in any way be construed as preventing the governor of this state from making a plenary investigation in reference to the conduct of any public institutions under the terms of any act of the legislature of this state. Furthermore, the gov- ernor may at any time order an investigation by the board, or by a committee of its members, of the management of the above-named institutions, or any thereof. Sec. 6. Three months prior to each regular session of the legislature, the board shall make a full and complete re- port to the governor of all its transactions during the pre- ceding two years, showing fully and in detail all expenses incurred and moneys paid out by it, and giving a list of all officers and agents employed, and the actual condition of all institutions under its supervision, with such sug- gestions as it may deem necessary and pertinent, and with recommendations for legislative and executive action. Sec. 7. The provisions of this act shall not apply to. the Veterans' Home of California, located at Tountville, Napa County, nor to the "Woman's Eelief Corps Home at Ever- green, Santa Clara County. See. 8. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 9. This act shall be in force and take effect from and after its passage. TITLE 82. CHEESE. ACT 578. An act defining the different grades of cheese and for branding the same, manufactured in the state of Cali- fornia. [Stat, approved March 4, 1897; Stats. 1897, 69.] Section 1. Every person or persons, firm or corporation, who shall at any creamery, cheese factory, or private dairy, manufacture cheese in the state of California, shall, at the place of manufacture, brand distinctly, and durably on the bandage of each and every cheese manufactured, and upon the package or box when shipped, the grade of cheese manufactured, as follows: "California full-cream cheese," Act 578. §§2-5 CHEESE. 90 "California half -skim cheese," and "California skim cheese." • Sec. 2. All brands for branding the different grades of cheese shall be procured from the state dairy bureau, and said bureau is hereby directed and authorized to issue to all persons, firms, or corporations, upon application there- for, uniform brands, consecutively numbered, of the differ- ent grades specified in section one of this act. The state dairy bureau shall keep a record of each and every brand issued, and the name and location of the manufacturer re- ceiving the same. No manufacturer of cheese in the state of California, other than the one to whom such brand is issued, shall use the same, and in case of a change of loca- tion, the party shall notify the bureau of such change. Sec. 3. The different grades of cheese are hereby de- fined as follows: Such cheese only as shall have been man- ufactured from pure milk, and from which no portion of the butter fat has been removed by skimming or other process, and having not less than thirty per cent of butter fat, shall be branded as "California full-cream cheese"; and such cheese only as shall be made from pure milk, and having not less than fifteen per cent of butter fat, shall be branded "California half -skim cheese"; and such cheese only as shall be made from pure skim-milk shall be branded "California skim cheese"; provided, that noth- ing in this section shall be construed to apply to "Edam," "Brickstein, " "Pineapple," "Limburger, " "Swiss," or hand-made cheese, not made by the* ordinary Cheddar pro- cess. Sec. 4. No person or persons, firms or Corporations, shall sell, or offer for sale, any cheese, manufactured in the state of California, not branded by an official brand and of the grade defined in section three of this act. Sec. 5. Whoever shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50), or by imprisonment in the county jail for D~t exceeding twenty-five days; and for each subsequent offense by a fine of not less than fifty dol- lars ($50) nor more than one hundred dollars ($100), or by imprisonment in the county jail not less than fifty days nor more than one hundred days, or by both such 'ine and imprisonment, at the discretion of the court. 91 CHICO— CHINESE. Acts 583-590 Sec. 6. All acts or parts of acts inconsistent with this act are hereby repealed. Sec. 7. This act shall take effect sixty days after its passage. TITLE 83. CHICO. ACT 583. Statute incorporating. [Stats. 1871-2, p. 11.] Amended 1871-2, 248. Amended and supplemented 1873-4, 213. Further amendments and supplemental matters, 1875-6, 22; 1877-8, 456; 1887, 63. Superse-ded by incorporating. In 1895, under Municipal Gov- ernment Act o£ 1883. TITLE 84. CHINESE. ACT 588. To prevent the further immigration of Chinese or Mon- golians to this state. [Stats. 1858, 295.] This act does not appear to have been passed on by the supreme court, although it is undoubtedly unconstitutional. Under any cir- cumstances the penal portion of It is superseded by the Penal Code, sec. 6. ACT 589. To protect free white labor from competition with Chinese labor and to discourage the immigration of Chinese. [Stats. 1862, 462.] This act imposed a police tax on Chinese. It was declared un- constitutional in Lin Sing v. Washburn, 20 Cal. 534 ACT 590. To prohibit the coming of Chinese into the state, whether . the subjects of the Chinese empire or not, and to pro- vide for registration and certificates of residence and determine the status of all Chinese persons now resi- dent of this state, and fixing penalties and punishments for violation of this act, and providing for deportation of criminals. [Stats. 1891, p. 185.] Unconstitutional. (Ex parte Ah Cue, 101 Cal. 197.) Acts 591-604 CITY ATTORNEY— CIVIL RIGHTS. yj ACT 591. To prevent the importation of Chinese criminals and to prevent the establishment of coolie slavery. [Stats. 1869-70, 332.] ACT 592. To prevent the kidnaping and importation of Mongolian, Chinese a..d Japanese females for criminal or demor- alizing purposes. [Stats. 1869-70, 330.] Superseded by Penal Code, sec. 174. Cal. Rep. Cit. 64, 236. ACT 593. For the suppression of Chinese houses of ill-fame. [Stats. 1865-6, 641. Amended 1873-4, 84.] Continued In force by Political Code, sec. 19; Penal Code, sec. 23. The amending act of 1873-4, 84, Is codified by amendment of Penal Cade, adopted 1905. See Penal Code, sec. 315, note. ACT 594. To provide for the removal of Chinese outside the limits of cities and towns. [Stats. 1880, p. 22.] Probably unconstitutional. TITLE 85. CITY ATTORNEY. ACT 599. To provide for furnishing assistants to city and city and county attorneys in every city, or city and county hav- ing a population of one hundred thousand or over, arid providing for their mode of appointment and compen- sation. [Stats. 1891, p. 95.] Superseded as to San Francisco by chap. 2 of art. V of its charter. TITLE 86. CIVIL RIGHTS. ACT 604. Making it unlawful to refuse admission to places of amuse- ment. [Stats. 1893, p. 220.] See post, Act 4099. S3 CLEAR LAKE. Acts 605-60? ACT 605. An aet to protect all citizens in their civil and legal rights. [Stat, approved March 13, 1897; Stats. 1897, 137.] Codified by amendment of Civil Code, adopted 1905. See Civil Code, sec. 51, note. Cal. Rep. Cit. 119, 602. Section 1. That all citizens within the jurisdiction of this state shall be entitled to the full and equal accommo- dations, advantages, facilities, and privileges of inns, res- taurants, hotels, eating-houses, barber-shops, bath-houses, theaters, skating-rinks, and all other places of public accom- modation or amusement, subject only to the conditions and limitations established by law and applicable alike to all citizens. Sec. 2. Whoever shall violate any of the provisions of the foregoing section, by denying to any citizen, except for reasons applicable alike to every race or color, and re- gardless of race or color, the full accommodations, advan- tages, facilities, and privileges in said section enumerated, or by aiding or inciting such denial, or whoever shall make any discrimination, distinction, or restriction on account of color or race, or except for good cause, applicable alike to all citizens of every color or race whatever, in respect to the admission of any citizen to, or his treatment in, any inn, restaurant, hotel, eating-house, barber-shop, bath- house, theater, skating-rink, or other public place of amuse- ment or accommodation, whether such place be licensed or not, oi whoever aids or incites such discrimination, distinc- tion, or restriction, shall, for each and every such offense, shall be liable in damages in an amount not less than fifty dollars, which may be recovered in an action at law brought for that purpose. Sec. 3. All laws or parts of laws in conflict with this law are hereby repealed. TITLE 87. CLEAE LAKE. ACT 607. Clear Lake, in Lake County, declared navigable. [Stats. 1877-8, p. 630.] See Political Code, sec. 2S49, from which this lake Is omitted, and this statute, apparently, thereby repealed. Acts 612-627 ACT 612. CLOVERDALE-COLLEGE CITY. TITLE 88. CLOVERDALE. Incorporating. [Stats. 1871-2, p. 164.] Amended 1871-2, 550; 1875-6, 171. Superseded by incorporating un- der Municipal Government Act of 1883. TITLE 89. COAST SURVEY. ACT 617. To authorize persons engaged in the TT. S. const survey to enter upon lands within the state; tn protect the operations of the same from injury and molestation, and to ascertain the mode of assessing damages and to punish offenders. [Stats. 1852, p. 147.] TITLE 90. CODES. ACT 622. To create and establish a commission for revising, sys- tematizing, and reforming the laws of this state, and for the appointment of the members of snid commis- sion, to be known as "The commissioners for the re- vision and reform of the law," and to prescribe their powers and duties; and to authorize the appointment of a secretary and stenographer therefor; and to pro- vide for the compensation and expenses of said com- mission, secretary, and stonogrnnhcr, and. to inr/ro^r'ate money therefor. [Approved March 28, 1895; Stats. 1895, 345. In effect immediately.] Amended 1903, 479; 1905, 403. TITLE 91. COLLEGE CITY. ACT 627. College City, Colusa County, prohibiting sale of intoxi- cating liquors within one mile of. [Stats. 1875-6, p. 691.] 95 COLLEGES— COLOMA. Acts 632-f.TJ TITLE 92. COLLEGES. ACT 632. To provide for the incorporation of colleges. [Stats. 1850, p. 273.] Amended 1855, 110; 1867-8, 69, 218; 1869-70, 419; 1873-4, 85. Supp. 1863, 775; 1871-2, 10. Cal. Rep. Cit. 49, 461. "This and other acts relating 1 to corporations were repealed by sees. 288, 649 et seq., Civil Ccrde. except that corporations pre-existing the code remain subject to the laws under which they were formed, but new corporations cannot be created under such laws (Murphy v. Pacific Bank, 119 Cal. 334), and we apprehend that all amendments to them made after the enactments of the codes were invalid, or at least not applicable to any corporation formed after the adoption of that code, because they were to acts which had already been repealed."— Code Commissioners' Note ACT 633. Providing for the incorporation of institutions of learning, 'science, and art. [Stats. 1867-8, p. 204.] Repealed, sec. 288. Civ. Code. See note to act 632, ante. ACT 634. Expressing assent of the state of California to the act of congress, approved August thirtieth, eighteen hun- dred and ninety, entitled "An act to apply a por- tion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts estab- lished under the provisions of an act of congress, approved July second, eighteen hundred and sixty- two," and to the purposes f the grants of moneys authorized thereby, and to all the provisions thereof. [Approved March 31, 1891. Stats. 1891, p. 458.] The object of the act sufficiently appears from the title. TITLE 93. COLOMA. ACT 639. Incorporating Coloma. [Stats. 1858, p. 207.] Acts 640-651 COLTON HALL— COLUSA COUNTY. JB TITLE 94. COLTON HALL. ACT 640. To provide for the appointment of a board of Colton Hall trustees, and for. the leasing of the Colton Hall prop- erty, and providing for an appropriation for the pres- ervation, protection, and improvement of said prop- erty. [Approved March 25, 1903. _ Stats. 1903, 435.] TITLE 95. COLUSA COUNTY. ACT 645. Protecting agriculture and preventing trespassing of ani- mals. [Stats. 1871-2, j. 685.] Amended 1S73-4, 760. Modified, if not repealed, by the estray law, 1897. 198; 1901, 603, chap. CXCVII. ACT 646. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties' TStats 1865-6, 451.] ACT 647. Approval of official bonds. [S f ats. 1877-8, p. 77.] Repealed 1877-8, 113 ACT 648. Fixing amount of official bonds in. [Stats. 1877-8, p. 569.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 649. To provide for the drainage of certain lands in the coun- ties of Colusa and Yolo. [Stats. 1877-8, p. 1037.] ACT 650. Partition fences in. [Stats. 1875-6, p. 207.] ACT 651. Fees of office and salaries of certain officers, regulating and repealing prior acts. [Stats. 1873-4, p. 873.] Repealed by the fee bill of 1895, 26?, and by County Government Act, 1897, 452. 97 COLUSA COUNTY. Acts 652-660 ACT 652. Fees and salaries of officers of. [Stats. 1877-8, p. 36.] Repealed as to salary by County Government Act, 1897, 555, sec. 196, and by fee bill of 1S95, 267, as to the fees of the officers therein named. ACT 653. Additional tax for judges' and district attorneys' salary fund. [Stats. 1871-2, p. 98.} Probably rendered inoperative by the constitution, which abol- ished the office of county judge. ACT 654. Justices of the peace in. [Stats. 1877-8, p. 782.] Repealed by fee bill of 1895, 272. ACT 655. Public roads in. [Stats. 1871-2, p. 826.] Repealed 1883, 5, chap. X, sec. 2. ACT 656. Yolo and Colusa counties, public road along boundary line between, establishing. [Stats. 1873-4, p. 213.] ACT 657. Establishing, maintaining and protecting public and pri- vate roads in. [Stats. 1873-4, p. 621.] Amended 1875-6, 401, 481; 1877-8, 327. Repealed 1883, 6, chap. X, se^.. 2. ACT 658. Additional powers of supervisors. [Stats. 1877-8, p. 563.] Repealed by County Government Act, 1897, 452. ACT 659. To confer certain powers on supervisors of. [Stats. 1877-8, p. 567.] Repealed by County Government Act, 1897, 452. ACT 660. Quieting title to certain lands in. [Stats. 1873-4, p. 818.] This act released to the United States government lands sold *to actual settlers by the United States. Gen. Laws— 7 Acts 665-681 COLUSA, TOWN OF— COMMON LAW. 98 TITLE 96. COLUSA, TOWN OF. ACT 665. Incorporating. [Stats. 1875-6, p. 669.1 Amended 1877-8, 248. ACT 666. Issuance of bonds for road purposes. [Stats. 1877-8, p. 369.] Amended 1880, 9. COMMEECE. See title Chambers of Commerce. TITLE 97. COMMISSIONERS IN EQUITY. ACT 671. For the appointment of commissioners in equity. [Stats. 1861, p. 183.] Repealed by Political Code and Code of Civil Procedure. This act provided for the appointment of commissioner! In equity to take testimony in equity cases. TITLE 98. COMMISSIONERS OF TRANSPORTATION. ACT 676. To create the office of commissioner of transportation, etc [Stats. 1877-8. p. 969.] Codified -by amendment of Penal Code, adopted 1905. See Penal Code, § 369b, note; § 369d, note. The cade commissioners of 1901 say this act was repealed by the constitution of 1879. See, however, Dyer v. Placer County, 90 Cal. 276, 278; Giesecke v. San Joaquin County, 109 Cal. 489. TITLE 99. COMMON LAW. ACT 681. Adopting the common law. [Stats. 1850, 219.] Re-enacted in Political Code, sec. 4468. Cal. Rep. Cit. 42, 167; 69, 337; 69, 379; 69, 380; 83, 618; 141, 121; 146, 31S. 39 CONGRESS— CONSTABLES. Acts 686-tia'i TITLE 100. CONGEESS. ACT 686. To divide the state of California into congressional dis- tricts. [Approved March 11, 1891. Stats. 1891, p. 84.] Cal. Rep. Cit. 125, 624. This act was superseded by the following act: ACT 687. To divide the state into congressional districts, and pro- vide for the election of members of the house of rep- resentatives of the United States therein. [Approved March 23, 1901. Stats. 1901, 548.] TITLE 101. CONSPIRACY. ACT 692. To limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunctions," as applied to disputes between employers and employees in the state of California. [Approved March 20, 1903. Stats. 1903, 2S9.] This act Is set out in full In the Appendix to the Penal Code, p. S81. ACT 693. Making a conspiracy to commit any crime against the per- son of, or an attempt to kill or commit any assault upon, the president or vice-president of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any executive de- partment of the United States, a felony; and providing a penalty therefor. [Approved February 28, 1903. Stats. 1903, 58.] This act Is set out In full in the Appendix to the Penal Code, p. 582. TITLE 102. CONSTABLES. ACT 698. Constables, legalizing official acts of certain. [Stats. 1873- 4, p. 700.] This act validated the acts of constables elected between the fltrst Monday of January and the first Monday of March, 1874. Acta 703-714 CONSTITUTION— CONTRA COSTA COUNTY. 100 TITLE 103. CONSTITUTION. ACT 703. Recommending to electors to vote for or against a con- vention to revise and change the constitution. [Stats. 1873-4, 732.] ACT 704. To provide for a convention to frame a new constitution for the state of California. [Approved March 30, 1878; 1877-8, 759.] ACT 705. To provide for the submission of amendments to the con- stitution. [Stats. 1883, p. 53.] Repealed 1899, 24. Cal. Rep. Cit. 69, 488; 102, 125; 126, 410; 130, 91. The section in the repealing act purporting to re-enact the first section of the act of 1883 is unconstitutional. (People ex rel. Attorney- General v. Curry, 130 Cal. 83. TITLE 104. CONTRA COSTA COUNTY. ACT 710. Assessors of, compensation of for collection of personal property taxes. [Stats. 1875-6, p. 529.] Superseded by the County Government Act, 1897, 536, sec. 183. ACT 711. Fences in. [Stats. 1858, p. 40.] Supplemented 1861, 277. ACT 712. Fences in. [Stats. 1861, p. 277.] Supplementing statute of 1858. ACT 713. Justices of the peace in, fees of. [Stats. 1877-8, p. 269.] Repealed by fee bill of 1895, 272. ACT 714. Fees of office and compensation of officers. [Stats. 1875-6, p. 84.] Repealed by fee bill of 1895, 267, as to officers therein named. 101 CONTRA COSTA COUNTY. Acts 715-714 ACT 715. Salaries and compensation of officers of. [Stats. 1875-6, p. 91.] Repealed by County Government Act, 1897, 536, sec. 1S3. ACT 716. To provide for the appointment of three additional notaries public for. [Stats. 1871-2, 46.] Superseded by Political Code, sec. 791. ACT 717. Public administrator authorized to act as coroner. [Stats. 1871-2, p. 170.] Probably repealed by County Government Act, 1897, 473, sec. 55. ACT 718. Concerning bonds of public administrator. [Stats. 1871-2, p. 183.] Superseded by County Government Act, 1897, 475, sec. 66. ACT 719. Roads and highways in. [Stats. 1871-2, p. 779.] Repealed 1873-4, 170. ACT 720. To repeal all special road laws in the county of Contra Costa. [Stats. 1873-4, 170.] ACT 721. Eoads and highways in. [Stats. 1875-6, p. 237.] Amended 1877-8, 611. Repealed 1883, 5, chap. X, sec. 2. Cal. Rep. Cit. 67, 78. ACT 722. Quieting title to certain salt-marsh and tide lands in. [Stats. 1873-4, p. 616.] ACT 723. Fixing bonds of sheriff of. [Stats. 1871-2, p. 158.] Superseded by County Government Act, 1S97, 475, sec. 66. ACT 724. To provide for the extermination of squirrels in. [Stats. 1877-8, p. 815.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 466. Acts 725-739 CONTROLLER— CONVICTS. 1 ACT 725. School moneys, distribution of. [Stats. 1877-8, p. 182.] Repealed by Political Code, sec. 1858, as amended 1893, 264. TITLE 105. CONTEOLLEE. ACT 730. Authorizing the appointment of an additional clerk by the controller. [Stats. 1895, p. 67.] Repealed 1899, 146. ACT 731. Creating the office of expert to the controller and prescrib- ing his compensation. [Stats. 1899, p. 146.] TITLE 106. CONVICTS. ACT 736. Concerning the payment of the costs and expenses of the trial of convicts for crimes committed in state prison and the payment of the costs of the trial of escaped convicts. [Stats. 1873-4, 43.] See act of 1880, 43, post, title Costs. ACT 737. To prevent the importation of convicts into this state. [Stats. 1850, p. 202.] Superseded by Penal Code, sees. 173, 175. ACT 738. Providing for furnishing sheriffs and chiefs of police of certain information, description, and photographs of convicts about to be discharged by the wardens of state prisons. [Stats. 1897, 213. Eepealed 1905, 532. See post, Act 739.] In full In the Appendix to the Penal Code, p. 583. ACT 739. An act requiring the wardens of the state prisons of Cali- fornia to furnish the sheriffs of California and the bureaus of identification with certain information con- cerning convicts within thirty days after receiving said 103 CO-OPERATIVE ASSOCIATIONS— CORONERS. Acts 743-749 convicts, and providing for payment of the expenses in- curred thereby. [Approved March 20, 1905. Stats. 1905, p. 532.] Section 1. The wardens of the state's prisons of the State of California shall within 30 days after receiving all per- sons convicted of crime and sentenced to terms in their several prisons and to the sheriffs of the State of California and legalized bureau of identification, photographs and min- ute description of such convict. Together with minute de- scription of his person and marks of identification, to- gether with a statement of the nature of the crime he is imprisoned for. Sec. 2. Any expenditures incurred in carrying out the provisions of this act shall be paid for out of the appropria- tion made for the support of state 's prison. Sec. 3. This act shall be in effect immediately and be enforced from and after its passage and repeals an act ap- proved March 27th, 1897, on page 213, 214 of Statutes and Amendments to the Codes of California of 1897. CO-OPERATIVE ASSOCIATIONS. ACT 743. Defining and providing for the organization and govern- ment of co-operative business corporations. [Stats. 1877-8, p. 883.] Superseded by 1895, 221. Codified In part by amendments of Civil Code, adopted 1905. Bee Civil Code, § 653a, note. ACT 744. To provide for the incorporation, operation, and manage- ment of co-operative associations. [Stats. 1895, p. 221.] This act appears in full In Civil Code, 1903, Appendix, p. 694. Codified by amendments of Civil Code, adopted 1905. See Civil Code, § 653b, note. CORONERS. ACT 749. Concerning the attendance of physicians and surgeons in certain cases and to provide payment for making chemi- cal and post-mortem examinations. [Stats. 1871-2, 81.] Sections 1 and 2 of this act are probably superseded by § 1512, Penal Code, if not already superseded by County Government Act 1897, § 12. See note to § 1512, Penal Code. This act appears in full in Penal Code, 1903, Appendix, p. 588. Acts 750-757 CORPORATIONS. 104 ACT 750. Concerning the payment of expenses of coroners' inquests in state's prison. [Stats. 1S80, p. 43.] It is in full in the Penal Code, Appendix, p. 588. ACT 751. Providing for the appointment by the coroner in countus of the first class of a physician for the purpose of per- forming autopsies, and fixing their compensation. [Stats. 1895, p. 52.] In full in the Penal Code, Appendix, 583. ACT 752. To provide for furnishing assistants to the coroner of each city, or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assistants shall be appointed and designated, and establishing the compensation and prescribing the du- ties of such assistants. [Approved March 23, 1893. Stats. 1893, 190.] As to San Francisco, superseded by the charter. • In full In the Penal Code, Appendix, p. 586. ACT 753. Providing an official stenographic reporter to the coroners of cities, and cities and counties, having a population of one hundred thousand or more inhabitants; pro- viding the mode of appointment, establishing the com- pensation, and fixing the duties. [Stats. 1895, p. 168.] Superseded as to San Francisco by its charter. In full in Penal Code, Appendix, p. 584. ACT 754. Coroners and elisors, fees of. [Stats. 1873-4, p. 794.] Superseded by County Government Act, 1897, 481, sec. 105. TITLE 109. COEPORATIONS. ACT 757. An act relating to revenue and taxation, providing for a li- cense tax upon corporations, and making an appropria- tion for the purpose of carrying out the objects of this act. [Approved March 20, 1905. Stats. 1905, p. 493.] See act of 757a for amendments. 104a CORPORATIONS. Act 757, §§ 1-3 Section 1. No corporation heretofore or hereafter incor- porated under the laws of this state, or any other state, shall do or attempt to do any business by virtue of its charter or certificate of incorporation, in this state, without a state license therefor. Sec. 2. Upon every corporation which has heretofore ob- tained, or which shall hereafter obtain a charter of certifi- cate of incorporation from this state, or any foreign corpora- tion heretofore or hereafter incorporated and doing business in this state, there shall be an annual license tax of ten dol- lars, to be paid between the first Monday in July and the first Monday in August of each year, to the secretary of state, who shall pay the same into the state treasury, to be paid into the general fund of the state. Sec. 3. Any corporation formed under the laws of this state which shall fail to pay the tax provided for in the last two sections, shall, because of such failure, forfeit its charter to the state, and any foreign corporation which shall fail to pay the tax provided for in the last two sections, shall, because of such failure forfeit the right to do business in this state. Sec. 4. It shall be the duty of the secretary of state on the first Monday of October in each year to report to the governor a list of all the corporations which have failed, neglected or refused to pay the said license tax, and the governor shall forthwith issue his proclamation, declaring under this act of the legislature, that the charters of do- mestic corporations will be forfeited, and the right of for- eign corporations to do business in this state will be for- feited unless payment of said license tax is made as above required within sixty days from date of said proclamation, together with a penalty of five dollars in addition thereto. Sec. 5. Said proclamation on the day of its date shall be filed in the office of the secretary of state, and within five days thereafter said secretary of state shall transmit a certified copy of said proclamation to the county clerk of each county in this state, who shall file the same in his office. Said secretary of state shall also within five days from the date of said proclamation, cause a copy thereof to be published in *>ne issue of two daily newspapers, to be selected by the governor. Sec. 6. At the expiration of said sixty days from the date of said proclamation, the charters of all domestic cor- porations who have not complied with the provisions of this Act 757, §§ 7-11 CORPORATIONS. 104b act and paid said tax, shall be forfeited to the State of California, and all foreign corporations who have not com- plied with the provisions of this act and paid said tax, shall forfeit the right to do business in this state. Sec. 7. Nothing in this chapter shall be construed as im- posing a license tax on educational, religious, scientific, char- itable, or any corporation which is not organized for pecuni- ary profit. Sec. 8. Within six months after the date of said gov- ernor's proclamation, the secretary of state shall compile a statement of the domestic corporations whose charters have been so forfeited, and of the foreign corporations whose right to do business in this state has been forfeited, and he shall furnish a certified copy thereof to each county clerk in this state, who shall file the same in his office. Sec. 9. Any person or persons who shall exercise any powers under the charter of any such corporation after the same shall become forfeited to the state, and any person or persons who shall exercise any powers of a foreign cor- poration which shall have forfeited its right to do business in this state, shall be guilty of a misdemeanor. Sec. 10. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twenty-seven thousand ($27,000) dollars, for the purpose of carrying out the objects of this act, to be used by the secre- tary of state in the employment of a license superintendent and cashier; one permanent clerk; such other clerks from time to time as may be necessary; for the purchase of the necessary desks, furniture, stationery, books, postage, and for the necessary printing, ruling, binding and materials furnished by the state printing office, and for all other neces- sary incidental expenses, to be used and expended during the balance of the fifty-sixth, and during the fifty-seventh, and fifty-eighth, fiscal years, and the state controller is here- by directed to draw his warrant for any claim against said amount, the same having been approved by the state board of examiners, and the treasurer is hereby directed to pay the same. See. 11. This act shall take effect and be in force from and after its passage. 104c CORPORATIONS. Act 757a, § § 1, 2 ACT 757a. An act to amend an act entitled "An act relating to revenue and taxation, providing for a license tax upon corpora- tions, and making an appropriation for the purpose of carrying out the objects of this act," approved March 20, 1905, by amending sections one, two, three, four, five, six, seven, eight and nine thereof, and by adding two new sections thereto, to be known as sections 10a and 10b, relating to a license tax upon corporations, and making provision for settling the affairs of corporations where said tax has not been paid, and providing a pen- alty for the violation thereof. [Approved June 13, 1906.] The people of the State of California represented in sen- ate and assembly do enact as follows: Section 1. Section one of an act entitled "An act relating to revenue and taxation, providing for a license tax upon cor- porations, and making an appropriation for the purpose of carrying out the objects of this act," approved March 20, 1905, is hereby amended so as to lead as follows: Section 1. No corporation heretofore or hereafter incor- porated under the laws of this state, or of any other state, shall do or attempt to do business by virtue of its charter or certificate of incorporation, in this state, without a state license therefor. Sec. 2. Section two of said act is hereby amended so as to read as follows: Section 2. It shall be the duty of every corporation in- corporated under the laws of this state, and of every foreign corporation now doing business, or which shall hereafter engage in business in this state, to procure annually from the secretary of state a license authorizing the transaction of such business in this state, and shall pay therefor a license tax or fee of twenty dollars, which said license tax or fee shall be due and payable on the first day of July of each and every year to the secretary of state, who shall pay the same into the state treasury. If not paid on or before the hour of four o'clock P. M. of the first day of September next thereafter, the same shall become delinquent and there shall be added thereto, as a penalty for such delinquency, the sum of ten dollars. The license tax or fee hereby pro- vided authorizes the corporation to transact its business during the year or for any fractional part of such year in Act 757a, § § 3-6 CORPORATIONS. 104(1 ■which such license tax or fee is paid. "Tear," within the meaning of this act, means from and including the first day of July to and including the thirtieth day of June next thereafter. Sec. 3. Section three of said act is hereby amended so as to read as follows: Section 3. The secretary of state shall, on or before the loth day of September in each year, report to the governor of the state a list of all corporations which have become de- linquent, as provided in section two of this act, and the governor shall forthwith issue his proclamation, declaring under this act that the charters of such delinquent domestic corporations w r ill be forfeited and the right of such foreign corporations to do business in this state will be forfeited unless payment of said license tax, together with the penalty for such delinquency, as hereinbefore provided, be made to the secretary of state on or before the hour of four o 'clock P. M. of the thirtieth day of November next following. Sec. 4. Section four of said act is hereby amended so as to read as follows: Section 4. Said proclamation shall be filed immediately in the office of the secretary of state, and said secretary of state shall immediately cause a copy of said proclamation to be published in one issue of each of two daily newspapers to be selected by the governor. See. 5. Section five of said act is hereby amended so as to read as follows: Section 5. At the hour of four o'clock P. M. of the thirtieth day of November each year the charters of all delinquent domestic corporations which have failed to pay the said license tax, together with said penalty for such de- linquency, shall be forfeited to the state of California, and the right of all delinquent foreign corporations to do busi- ness in this state which have failed to pay said license tax, together with the penalty for such delinquency, shall be like- wise forfeited. Sec. 6. Section six of said act is hereby amended so as to read as follows: Section 6. Any corporation which failed to pay the license tax and penalty required by the act of which this act is amendatory, may between the first day of July, 1906, and the hour of four o 'clock P. M. of the first day of September, 1906, pay the said license tax and the penalty, together with lOie CORPORATIONS. Act 757a, § 7 the license tax prescribed in section one of this act and any such corporation making such payment shall be relieved from the forfeiture prescribed by the act of which this act is amendatory, and all persons exercising the powers of any such corporation making such payment shall be relieved from the provisions of section nine of said act of which this act is amendatory, and the secretary of state shall immediately after the first day of September, 1906, transmit to the county clerk of each county in this state a list of the corporations so paying pursuant to the provisions of this section, which list shall be by said county clerk filed in his offiee; pro- vided, that in case the name of any corporation which has suffered the forfeiture prescribed by the act of which this act is amendatory, or a name so closely resembling the name of such corporation as will tend to deceive, has been adopted by any other corporation since the date of said forfeiture then said corporation having suffered said forfeiture shall be relieved therefrom pursuant to the terms of this section of this act only upon the adoption by said corporation seeking revivor of a new name, and in such case nothing in this act contained shall be construed as permitting such corporation to be revived or carry on any business under its former name; and such corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the secretary of state and upon the issuing of a certificate to such corporation by the secretary of state setting forth the right cf such corporation to take such new name or use its former name as the ease may be; provided, however, that the secretary of state shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this state and which has not suffered the forfeiture prescribed by the act of which this act is amendatory or to make or use a name so closely resembling the name of such corpora- tion heretofore organized in this state, as will tend to de- ceive. The provisions of title eleven part three of the Code of Civil Procedure in so far as they conflict with this section of this act are not applicable to corporations seeking revivor under this act. Sec. 7. Section seven of said act is hereby amended so as to read as follows: Section 7. All educational, religious, scientific and char- itable corporations, and all corporations which are not or- ganized for pecuniary profit, are exempt from the provisions of this act. Act 757a, §§ 8-10a CORPORATIONS. 104f Sec. 8. Section eiglit of said act is hereby amended so as to read as follows: Section 8. On or before the thirty-first day of December of each year the secretary of state shall make a list of all domestic corporations whose charters have been so forfeited and of all foreign corporations wbose right to do business in this state has been so forfeited, and shall transmit a certi- fied copy thereof to each county clerk in this state, who shall tile the same in his offic«. Sec. 9. Section nine of said act is hereby amended so as to read as follows: Section 9. It shall be unlawful for any corporation, delin- quent under this act, either domestic or foreign, which has not paid the license tax or fee, together with the penalty for such delinquency, as in this act prescribed, to exercise the powers of such corporation, or to transact any business in this state, after the thirtieth day of November next follow- ing the delinquency. Each and every person who exercises any of the powers of a corporation so delinquent, either domestic or foreign, which has not paid the license tax, to- gether with the penalty for such delinquency, or who trans- acts any business for or in behalf of any such corporation, after the thirtieth day of November next following the de- linquency, shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one hundred dollars, and not exceeding one thousand dol- lars, or by imprisonment in the county jail not less than fifty days nor more than five hundred days, or by both such fine and imprisonment. A new section is hereby added to this act to be known as section 10a and to read as follows: Section 10a. In all cases of forfeiture under the provisions of this act, the directors or managers in office of the affairs of any domestic corporation, whose charter may be so for- feited, or of any foreign corporation whose right to do busi- ness in this state may be so forfeited, are deemed to be trustees of the corporation and stockholders or members of the corporation whose power or right to do business is for- feited, and have full power to settle the affairs of the cor- poration and to maintain or defend any action or proceed- ing then pending in behalf of or against any of said cor- porations, or to take such legal proceedings as may be neces- sary to fully settle the affairs of said corporation, and such directors or managers, as such trustees, may be sued in any of the courts of this state by any person having a claim against any of said corporations. lC4g CORPORATIONS. Act 757b, §§ 1, -• A new section is hereby added to this act to be known as section 10b, and to read as follows: Section 10b. At the time of filing a certified copy of arti- cles of incorporation of any corporation when filed on or be- tween the first day of July and the following first day of December in any year, there shall be paid, in addition to all other fees required by law to be paid to secretary of state, the sum of twenty dollars, which shall be received and license receipt issued in full of the license tax payable under this act, for the then current year. Sec. 11. This act shall take effect immediately. ACT 757b. An act to appropriate four thousand six hundred and five dollars ($4,605.00) to repay to certain nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the secretary of state as a penalty for the non-payment of the annual license tax prior to the eighth day of August, 1905, said penalty having been erroneously collected between and includ- ing the eighth day of August, 1905, and the twelfth day of October, 1905, as appears in the decision of the su- preme court in the case of Ukiah Guaranty, etc., Co., vs. Charles F. Curry, secretary of state, San Francisco number 4422. [Approved June 13, 1906.] The people of the State of California represented in senate and assembly, do enact as follows: Section 1. The sum of four thousand six hundred and five dollars ($4,'605.00) is hereby appropriated out of any money in the state treasury not otherwise appropriated, to repay to certain nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the sec- retary of state as a penalty for the non-payment of the an- nual license tax prior to the eighth day of August, nineteen hundred and five, said penalty having been erroneously col- lected between and including the eighth day of August, nineteen hundred and five, and the twelfth day of October, nineteen hundred and five, as appears in the decision of the supreme court in the case of Ukiah Guaranty, etc., Co. vs Charles F. Curry, secretary of state, San Francisco, number four thousand four hundred and twenty-two. Sec. 2. Upon the presentation of a claim by each of the corporations referred to in section one of this act, duly Acts 758-761 CORPORATIONS. 104h authenticated by the president or secretary thereof, and approved by the secretary of state, the controller is hereby authorized and directed to draw his warrant in favor of each of the nine hundred and twenty-one corporations in this act referred to, in the sum of five dollars, the names of said corporations appearing of record in the office of the said controller and in the office of the said secretary of state, and the treasurer of the state is hereby directed to pay such warrants. Sec. 3. This act shall be exempted from the provisions of section 672 of the Political Code. Sec. 4. This act shall take effect immediately. ACT 758. An act to provide for the incorporation of associations for lending money on personal property, and regulating the same, and to forbid certain loans of money, property or credit. [Approved March 21, 1905. "Stats. 1905, p. 711.] Declared unconstitutional: In re Sohncke, 30 Cal. Dec. 550. ACT 759. Concerning corporations. [Stats. 1850, p. 347.] Amended 1851", 424, 426. Repealed 1851, p. 433. chap. CXVIII, sec. 31. Amended 1852, 168; 1853, 87, 140. 169; 1854, 162, 166; 1858, 57, 264; 18b!). S7; 1861. S4; 1862. 17, 110, 125; 1S63, 34, 747, 766; 1S65-6, 748; 1869-70, 46, 402; 1S71-2, 443; 1S76, 730. Supplemented 1862, 17. Extended 1857, 75. Cal. Rep. Cit. 5, 187; 42, 420; 42. 423; 44, 91; 50. 342; 51. 384; 60, 310; 63, 531; 115, 589; 115, 590; 115, 591; 122, 336; 122, 337; 137, 446; 138. 477. Continued in force as to corporations created under it, (See Eastman, Estate of, 60 Cal. 303.) See note to act 632, ante. ACT 760. Supplemental to act of 1850, concerning corporations. [Stats. 1859, 93.] See note to act 632, ante. ACT 761. Supplemental to act concerning corporations. [Stats. 1869- 70, p. 364.] Repealed by sec. 288, Civ. Code. This act provided for the renewal and extension of corporate existence. See note to act 632, ante. 105 CORPORATIONS. Acts 762-767 ACT 762. Eelating to certificates of incorporation. [Stats. 1869-70, p. 107.] Repealed by sec. 288, Civ. Cade. This act enabled corporations to amend their articles. See note to act 632, ante. ACT 763. To provide for the formation of corporations for certain purposes. [Stats. 1853, p. 87.] Amended 1855, 205; 1857, 121; 1858, 133; 1859, 93; 1863, 736; 1863-4, 149; 1869-70, 132, 364; 1871-2, 526. Cal. Rep. Clt. 43, 508; 46, 551; 50, 38; 56, 347; 64, 385; 144, 222. This act provided for the formation of corporations for manufac- turing, mining, mechanical, or chemical purposes, or for the purpose of engaging in any specie3 of trade or commerce. See note to act 632, ante. ACT 764. Corporations for trading, manufacturing, mechanical, and other lawful purposes. [Stats. 1869-70, p. 822.] See note to act 632. ante. Repealed by sec. 288, Civ. Code. ACT 765. To provide for the formation of plank or turnpike corpora- tions. [Stats. 1853, p. 169.] Amended 1854, 160; 1857, 171, 280; 1S58, 145, 265. Cal. Rep. Cit. 43, 60; 43, 62; 51, 384; 73, 71. ACT 766. Concerning corporations, legalizing defects in incorporation. [Stats. 1863-4, p. 303.] Cal. Rep. Cit. 56. 348; 97. 280. This act validated defective certificates of incorporation. ACT 767. Concerning assessments of stock in corporations. [Stats. 1865-6, p. 458.] Cal. Rep. Cit. 42, 434; 65, 197. Supplemented 1S69-70, 229. In force only as to corporations exist- ing before the codes (sec. 228, Civ. Code). Superseded by sees. 331 et seq.. Civ. Code. Acts 76S-774 CORPORATIONS. 106 ACT 768. Corporations to own the lots and houses in which their business is carried on. [Stats. 1875-6, p. 653.] Superseded by Civil Code. sec. 363. This act appears in full in Civil Code, Appendix, p. 710. ACT 769. Imposing a tax on the issue of certificates of stock in corporations. [Stats. 1877-8, p. 955.] Repealed 1SJ7, 248. ACT 770. Authorizing certain corporations to act as executors and in other capacities, and to provide for and regulate the administration of trusts by such corporations. [Stats. 1891, p. 490.] . Amended 1897, 424; 1903, 244. This act authorized corporations to act as executors, administra- tors, guardians, assignees, receivers, depositaries, or trustees. It ap- pears in full in Civil Code, Appendix, p. 702. ACT 771. To protect stockholders and persons dealing with corpora- tions. [Stats. 1877-8, p. 695. Am'd. 1905, 786.] This act appears in full in Civil Code, Appendix, p. 709, and in Penal Code, Appendix, p. 587. It punished frauds and misrepresenta- tions by officers or agents. Codified in part by amendments of Penal Code, adopted 1905. See Penal Code, § 564, note. ACT 772. Requiring corporations to pay their employees at least once a month. [Stats. 1897, p. 231.] Unconstitutional. (Johnson v. Goodyear M. Co., 127 Cal. 4.) This act appears in full in Civil Code, Appendix, p. 700. ACT 773. To provide for the payment of wages of mechanics and laborers employed by corporations. [Stats. 1891, p. 195.] Unconstitutional. (Slocum v. Bear Valley Irrigation Co., 122 Cal. 556.) This act provided that foreign corporations designate some person appears in full in Civil Code, Appendix, p. 699. ACT 774. Concerning foreign corporations. [Stats. 1869-70, p. 8S1.] 137 COSTS. Acts 775-783 "In many respects superseded by 1S71-2, S26, as amended by 1889, 111."— Code Commissioner's Note. This act provided that foreign corporations designate some person upon whom process may be served. Compare sec. 616, Pol. Code; and see Ilariegan v. Home L I. Co., 128 Ca). 531. ACT 775. Foreign corporations. [Stats. 1871-2, p. 826.] Amended 1899, 111. Cal. Rep. Cit. 65, 601; 74, 122; 95, 599; 120, 162; 13S, 742; 138, 743; 1SS, 744; 145, 603; 145, 605; 146, 650. Amending act cited, 146, 050. This act provided that foreign corporations designate some person upon whom process may be served. It appears in full in Civil Code, Appendix, p. 711. It was codified by amendment of the Civil Code, adopted 1905. See Civil Cade, § 405, note. ACT 776. Requiring foreign corporations to file a certified copy of their articles of incorporation in the office of the sec- retary of state. [Stats. 1901, p. 10S.] This act appears in full in Civil Code. Appendix, p. 712. Codified by amendments of the Civil Code, adopted 1905. See Civil Code Supp., § 408, note. TITLE 110. COSTS. ACT 781. Concerning costs in criminal actions removed before trial. [Stats. 1851, p. 185.] Not repealed by Penal Code. See Needham v. Thresher, 49 Cal. 392. ACT 782. Concerning the costs in civil actions for serving summons and subpoenas. [Stats. 1891, 56.] This act appears in full in Appendix to the Code of Civil Proce- dure, p. 762. ACT 783, Concerning the payment of costs amJ expanses of the trial of convicts for crimes committed in the state prison, and to pay the costs of the triaJ of eseap< :d convicts, and to pay for the expenses of coroners' inquests in said prison. [Stats. 1880, 43.] Cal. Rep. Cit. 130, 20. In the Penal Code, Appendix, p. 588. Acts 788-801 COTENANCY— COUNTIES. 108 TITLE 111. COTENANCY. ACT 788. Concerning tenants in common, joint tenants and coparce- ners. [Stats. 1857, 62.] Cal. Rep. Cit. 45, 509. Superseded by Code of Civil Procedure, sec. 38*. This act permitted any or all tenants to bring or defend suits. TITLE 112. COUNTERFEITING. ACT 793. To prevent the counterfeiting of gold dust and other species of gold. [Stats. 1855, 178.] Superseded by Penal Code, sees. 477-479. Cal. Rep. Clt. 114, 247; 132, 276. TITLE 113. COUNTIES. County Boundaries, see County Boundaries. County Government, see County Government. Particular County, see Particular Title. ACT 798. To provide for the transfer of certain moneys from one county to another when a new county has been formed and organized. [Stats. 1893, p. 235.] Cal. Rep. Clt. 119, 517. ACT 799. Authorizing the allowance, settlement, and payment of claims of counties against the state. [Stats. 1893, p. 109.] This act appears in full In Political Code, Appendix, p. 1110. ACT 800. Prescribing how judgments which may be recovered against any city and county of over one hundred thousand population shall be paid. [Stats. 1895, p. 163.] Apparently restricted to pre-existing judgments. ACT 801. Authorizing counties to become stockholders in railroad companies. [Stats. 1859, p. 263.] Amended 1860, 208. Repealed by Constitution, art. IV, sec. 31. 109 COUNTY BOUNDARIES. Acts S02-SH ACT 802. To authorize the several counties, cities and counties, cities, and towns of this state, and the officers and boards of officers thereof, to receive property by gift, bequest, and devise, and to hold, manage, and dispose of such propertv, and the income and increase thereof. [Ap- proved February 10, 1881. Stats. 1881, 2.] TITLE 114. COUNTY BOUNDARIES. ACT 807. To change and permanently locate the boundary line be- tween the counties of Butte and Plumas. [Stats. 1901, p. 549.] ACT 808. To change and permanently locate the boundary line be- tween the counties of Butte and Yuba. [Stats. 1897, p. 22.] ACT 809. To change and permanently locate the boundary line be- tween the counties of Plumas and Lassen. [Approved February 28, 1891; Stats. 1901, 76.] ACT 810. To change and permanently locate the boundary lines be- tween the counties of Glenn and Colusa. [Stats. 1893, p. 158.] ACT 811. Fresno and Tulare counties, establishing county line be- tween. [Stats. 1873-4, p. 700.] Cal. Rep. Cit. 101, 284; 108, 222; 125, 497; 134, 518. ACT 812. Supplementing act to define and establish boundary line between the counties of Inyo and Mono. [Stats. 1871- 2, p. 316.] ACT 813. Humboldt, Mendocino, Trinity, and Klamath counties, to provide for denning boundaries between. [Stats. 1871- 2, p. 766.] Acts 814- S22 COUNTY BOUNDARIES. 11 > ACT 814. To permanently locate the boundary line between the coun- ties of Shasta and Plumas. [Approved March 23, 1901. Stats. 1901, 560.] A.CT 815. To better define the boundary line of Mariposa and Fresno counties. [Approved April 1, 1872. Stats. 1871-2, p. 891.] Amended 1S73-4, 100. Cal. Rep. Cit. 142, 54; 142, 55; 142, 56; 142, 57; 142, 58. A.CT 816. Providing for the survey of the line forming a portion of the southern boundary of Siskiyou County and the northern boundary of Lassen County. [Stats. 1871-2, p. 886.] ACT 817. To define the northern boundary line of Napa County, ad- joining Lake and Yolo counties. [Stats. 1871-2, p. 305.] ACT 818. To change and permanently locate the boundary lines be- tween the counties of San Luis Obispo and Kern. [Stats. 1885, p. 139.] ACT 819. To establish the county line between the counties of Fresno and Tulare. [Stats. 1875-6, p. 397. Approved March 23, 1876.] ACT 820. To more clearly define the boundary line between the coun- ties of Lake and Yolo, in the state of California. [Ap- proved April 1, 1872. Stats. 1871-2, p. 903.] ACT 821. To change and permanently locate the boundary line be- tween the counties of Shasta and Lassen. [Stats. 1899, p. 98.] ACT 822. To establish the boundary line between the county of Hum- boldt and th? counties of Del Norte and Siskiyou. [Approved March 23, 1901. Stats. 1901, 600.] Ill COUNTY CLERK— COUNTY GOVERNMENT. Acts 827-83 1 TITLE 115. COUNTY CLERK. ACT 827. Tn relation to deputies and assistants of county clerks. [Stats. 1880, p. 5.] Cal. Rep. Cit. 67, 1S4; 125, 191; 125, 194. Superseded by County Government Act, 1S97. ACT 828. In relation to deputies, assistants, and copyists of county clerks. [Stats. 1880, p. 20.] Amended 1S91, 5. Cal. Rep. Cit. 125, 191. This act provided for the appointment and compensation of deputies. clerk=. and assistants in counties, and cities and counties of over 120.000 inhabitants. Unconstitutional. (San Francisco v. Broderick, 125 Cal. 188.) Su- persede! as to San Francisco hy the cHarter of that city. ACT 829. Authorizing and empowering county clerks to take and certify affidavits for United States pension claimants without demanding or receiving any fees or compensa- tion therefor. [Stats. 1887, 81.] This act appears in full in Political Code, Appendix, p. 1042. TITLE 116. COUNTY GOVERNMENT. ACT 834. To establish a uniform svstera of county governments. [Stats. 1883, p. 299.] Amen-ded 1885, 125, 166. 195; 1S87, 168, 17S; 1889, 232. Repealed by County Government Act, 1S91, 295, chap. CCXVI. AMDTS. OF 1883. Cal. Rep. Cit. 65, 123; 65, 124; 65, 288; 65, 289; 65, 313; 66, 26; 66, 643; 66, 644; 67, 117; 67, 119; 6S, 55; 6S, 143; 69, G10; 70. 60; 73, 370; 74, 24; 335; 75, 150: 75, 151; 75, 180; 76. 94; 76, 45; 77, 236; 77, 593; 78, 271; 78, 495; 80, 342; 80, 362; 82, 190; 82, 191; 86. 257; 88, 681, 89, 13; 89, 1G; 91, 434; 94. 319; 94, 604; 94, 609; 95, 330; 96, 51; 97, 603; 99, 285; 99, 629; 106, 422; 106, 425; 111, 368; 114, 122; 114, 561; 114, 562; 131, 550; 134, 675; 145, 51; 145, 53; 145, 42 1. AMDT. 18S5. Cal. Rep. Cit. 68, 143; 68, 145; 77, 595; 94, 635; 126, 152. AMDT. 1887. Cal. Ret,. Cit. 88, 532; 94, 603; 94, 630; 95, 475; 97, 602; 100, 63; 101, 184; 112, 73. Acts 835-837 COUNTY GOVERNMENT. ro AMDT. 18S9. Cal. Rep. Cit. SO, 203: 84, 73; 85, 372; 88, 532; 95, 85; 95, 331; 98, 220; 103, 491; 104, 259; 112, 73. Various portions unconstitutional. (Miller v. Kister, 68 Cal. 142; San Luis Obispo v. Graves, 84 Cal. 71; Dougherty v. Austin, 94 Cal. 601.) ACT 835. To establish a uniform system of county and township government. [Stats. 1891, p. 295.] Amended 1893, 310. Repealed 1897, 452. AMDT. 1891. Cal. Rep. Cit. 89, 525; 95, 331; 95, 472; 97, 242; 97, 243; 98, 331; 99, 514; 100, 266; 100, 444; 101. 318; 101, 320; 102, 164; 103, 499; 103, 540; 104. 66; 104. 77; 101, 130; 104, 678; 106, 402; 109. 155; 109, 334; 109, 495; 109, 496; 110, 622; 112, 73; 115, 630; 116, 112; 116, 113; 116, 115; 117, 234; 118, 361; 120, 305; 120, 443; 121, 351; 122, 429; 122, 430; 122, 432; 125, 340; 125, 132, 592; 134, 560. 599; 126, 623; 131, 202; 131, 557; AMDT. 1893. „ Cal. Rep. Cit. 117. 537; 122, 296; 122, 297; 122, 298. Various parts held unconstitutional. (People v. Johnson, 95 Cai. 471; Welch v. Bramlet, 98 Cal. 219; Bloss ▼. Lewis, 109 Cal. 493; Turner v. Siskiyou County, 109 Cal. 332; Walser v. Austin, 104 Cal. 128.) ACT 836. To establish a uniform system of county and township governments. [Stats. 1893, p. *346.] Amen-ded 1895, 1. Repealed 1897, 452. AMDT. 1893. Cal. Rep. Cit. 103, 394; 105, 210; 110, 554; 112, 563; 114, 114; 114, 122; 114, 332; 114, 420; 114, 499; 114, 549; 116, 621; 116, 622; 118, 304; 118, 307; 118, 361; 118, 362; 118, 365; 119, 120; 119, 511; 119, 6S8; 120, 555; 120, 649; 121, 485; 122, 137; 122, 139; 122, 302; 122, 303; 122, 615; 122, 646; 122, 617; 125, 193; 125, 499; 126, 36; 126, 132: 126, 623; 126, 624; 126, 625; 126, 675; 129, 527; 130, 478; 131, 388; 131, 411; 131, 412; 131. 550; 131, 551; 133, 282; 133, 284; 135, 535; 135. 536; 137, 161; 137, 518; 144, 684; 145, 50; 145, 51. AMDT. 1895. Cal. Rep. Cit. Ill, 568. Unconstitutional in part. (Hale v. McGettlgan, 114 Cal. 112.) ACT 837. To establish a uniform system of county and township gov- ernment. [Stats. 1897, p. 452.] Amended 1901, 6S1, 685; 1903, 129, 151, 156, 160, 168, 173, 179, 200, 212, 21S, 224. 227, 230, 232, 237, 239, 241, 402; 1905, 299, 301, 308, 310, 313, 318, 320, 325, 333, 335, 338, 352, 356, 358, 361, 363, 365, 366, 371, 373, 376, 3S3, 3S5, 391, 393, 394, 401, 424, 430, 455, 439, 441. 476, 477, 4S2, 485, 504, 507, 511, 523, 524, 644, 547, 552, 582, 670, 676, 721, 722, 723, 746. 113 COUNTY GOVERNMENT. Act 53 1 Cal. Rep. Cit. 117, 619; 121, 672, 122, 303; 124, 348; 125, 193; 126, 36; 126, 132; 126, ] I; 127, 87; 127, 160; 128, 249; 128, 332; 129, 363; 130. 479; 130, 4S0; 130, 481; 133, 75; 134, 54; 134, 70; 134. 674; 135, 514; 135, 535; 135, 536; 135, 649; 136, 65; 136. 66; 136, 653; 137. 205, 137, 209; 138, 60; 139, 463; 139, 464; 139, 468; 141, 393; 141, 394; 141, 395; 141, 398; 141, 428: 141, 429; 141, 430; 142, 516; 142, 588; 142. 589; 142, 5y0; 142, 591; 143, 68; 143, 69; 143, 172; 143, 173; 143, 245; 144, 8; 144, 89; 144, 267; 144, 268; 144, 269; 144, 276; 144, 277; 145, 50; 145, 51; 145, 52; 145, 196; 146, 425; 145, 687; 146, 770; 146, 592; 146, 595; 147, 684. AMDT. 1901. Cal. Rep. Cit. 134, 144; 134, 149; 146, 469; 147, 684. Unconstitutional. (Sec. 13, Ex parte Anderson, 134 Cal. 69; Subd. 21 of sec. 25, "Van Harlingen v. Doyle, 134 Cal. 53; provisions as to fees of official reporters, Pratt v. Browne, 135 Cal. 649; subd. 14 of sec. 183, Lougher v. Soto, 129 Cal. 610; sec. 170, McCabe v. JefEerds, 122 Cal. 302; sec. 25, subd. 25; repealed by implication by sec. 3366, Pol. Code, as amended In 1901. Stats. 1901, p. 635, Ex parte Pflrman. 134 Cal. 143.) § 1. Counties are bodies politic. § 2. Powers exercised by agents. § 3. Names of. §§ 4-5. Powers. § 6. Contracts and acts in violation of act. § 7. Officers violating provisions of act. § 8. Money paid without authority, recovery of. § 9. Instructions to grand jury. jj 10. Population of counties. § 11. County seats. § 12. Removal of county seats. § 13. Ordinance, submission o£> §§ 14-19. Supervisors. § 20. Clerk of board. § 21. Records of board. §§ 22-24. Meetings of board. §§ 25-53. General powers. § 54. Eligibility to office. § 55. County officers. § 55%- Livestock inspector. § 56. Township officers. § 57. Notice, publication of. § 58. Election of officers. § 59. Deputies. § 60. Officer includes deputy. § 61. Residence and office hours. § 62. Liability of sureties. § 63. Oaths, who may administer. § 64. Absence of officer from state. § 65. What officers not to practice law. § 65. What officers not to act as notaries. § 66. Bomls of officers. § 66a. Statistics. §§ 67-87. Treasurers. § 88. Process and notice, definitions of. §§ 89-106. Sheriffs. §§ 107, 108. County clerks. §§ 109-118. Auditors. §§ 119-131. Recorders. §§ 132-134. District attorney. Gen. Laws— 8 ActS37, §§1-6 COUNTY GOVERNMENT. 114 §§ 135-141. Surveyor. §§ 142-147. Coroners. § 14S. Assessor. § 149. Tax collector. § 150. School superintendent. §§ 151, 152. Public administrator. § 152. Live stock inspector, duties of. §§ 153, 154. Constables. § 155. Justices of the peace. §§ 156, 220. Salaries. § 157. Classification. §§ 158-215. Compensation of offlcera. §§ 216-225-227. Fees. § 226. Services performed by successor. § 228. County charges. jj§ 229, 230. Costs on removal of officers. § 231. New counties, organization of— reduction of population. § 232. Repeal of Inconsistent acts. § 233. Salaries of incumbents. § 234. In effect, when. Section 1. The several counties of this state, as they now exist, and such other counties as may be hereafter organized, according to law, are bodies corporate and poli- tic, and as such have the powers specified in this act, and such other powers as are necessarily implied. Sec. 2. Their powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority, or authority of law. Sec. 3. The name of a county designated in the law creating is in its corporate name, and it must be desig- nated thereby in all actions and proceedings touching its corporate rights, property, and duties. Sec. 4. It has power: 1. To sue and be sued. 2. To purchase and hold land within its limits. 3. To make such contracts and purchase and hold such personal property as may be necessary to the exereise of its powers. 4. To manage and dispose of its property as the interests of its inhabitants may require. 5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law. Sec. 5. No county shall, in any manner, give or loan its credit to or in aid of any person or corporation. An indebtedness or liability incurred contrary to this provision shall be void. Sec. 6. All contracts, authorizations, allowances, pay- ments, and liabilities to pay, made or attempted to be made in violation of this act, shall be absolutely void, and shall US COUNTY GOVERNMENT. Act 837, J 5 7- Ki never be the foundation or basis of a claim against the treasury of such county. And all officers of said county, are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same. Sec. 7. Any officer authorizing, or aiding to authorize, or auditing, or allowing, or paying any claim or demand upon or against said treasury, or any fund thereof, in viola- tion of any of the provisions of this act, or of the con- stitution of this state, shall be liable in person, and upon his official bond, to the person or persons damaged by such illegal authorization, to the extent of his or their loss by reason of the non-payment of his or their claims. Sec. 8. Whenever any board of supervisors shall, with- out authority of law, order any money paid as a salary, fees, or for, any other purposes, and such money ..hall have been actually paid; or whenever any county officer haa drawn any warrant or warrants in his own favor, or in favor of any other person, without being authorized by the board of supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby empowered, and it is hereby made his imperative duty, to institute suit, in the name of the county, against such person or persons, to recover the money so paid, and twenty per cent damages for the use thereof; and no order of the board of supervisors therefor shall be necessary to maintain such suit. "When the money has not been paid on such order or warrants, it is hereby made the imperative duty of the district attorney of such county, upon receiving notice thereof, to commence suit, in the name of the county, to restrain the payment of the same; and no order of the board of supervisors shall be nti-essary in order to maintain such suit. Sec. 9. It shall be the duty of the judge of the superior court of each and every county, whenever a grand jury is impaneled, to call their attention to the provisions of the foregoing sections, and to instruct them to ascertain, by careful and diligent investigation, whether the provisions of said sections have been complied with, and to note the result of such investigation in their report. Sec. 10. The population of the several counties of this state is hereby ascertained and determined to be and is as follows: Act 837, § 10 COUNTY GOVERNMENT. Ho COUNTY POPULATION. 1. San Francisco 342,782 2. Los Angeles 17o]298 3. Alameda 130,197 4. Santa Clara 60,216 5. Sacramento 45,915 6. Sonoma 38,480 7. Fresno 87,862 8. San Joaquin 35,452 9. San Diego 35,090 10. San Bernardino 27,929 11. Hnmboldt 27,104 12. Solano 2-1,143 13. Santa Cruz 21,512 14. Mendocino 20, 465 15. Orange 19,696 16. Monterey 19,380 17. Santa Barbara 18,934 18. Tulare 18,375 19. Contra Costa 18,046 20. Riverside 17,897 21. Nevada 17,789 22. Shasta 17,318 23. Butte 17,117 24. Siskiyou 16,962 25. San Luis Obispo 16,637 26. Kern 16,480 27. Napa 16,451 28. Placer 15,786 29. Marin 15,702 30. Ventura 14,367 31. Yolo 13,618 32. San Mateo 12,094 33. Calaveras 11,200 34. Tuolumne 11,166 35. Amador 11,116 36. Tehama 10,996 37. Kings 9,871 38. Stanislaus 9,550 39. Merced 9,215 40. El Dorado 8,986 41. Yuba 8,620 42. Colusa • 7,364 43. San Benito 6,633 44. Madera 6,364 45. Lake 6,007 117 COUNTY COVKRN'MENT. Act S37, §§ 11-13 COUNTY. POPULATION. 46. Sutter 5,886 47. Glenn 5,150 48. Modoc 5,076 49. Mariposa 4,720 50. Plumas 4,657 51. Lassen 4,511 52. Trinity 4,383 53. Inyo 4,377 54. Sierra 4,017 55. Del Norte 2,408 56. Mono 2,167 57. Alpine 509 [Amendment approved March 23, 1901. Stats. 1901, 685. In effect 12 M. on the first Monday after the first day of January, 1903.] Sec. 11. The county seats of the respective counties of this state, as now fixed by law, are hereby recognized as and declared to be the county seats of the respective coun- ties. No county seat shall be removed unless two thirds of the qualified electors of the county, voting on the prop- osition at a general election, shall vote in favor of such removal. Sec. 12. Whenever there shall be presented to the board of supervisors of any county a petition, signed by the quali- fied electors of such county, in number equal to a majority of the votes cast at the preceding general election, pray- ing for the submission of the question of the removal of the county seat of such county, it shall be the duty of the board of supervisors, by due proclamation, to submit the question of such removal of the county seat at the next general election to the qualified electors of such county. The election shall be conducted and the returns canvassed in all respects as provided by law for the conduct of general elections and canvassing the returns thereof. Sec. 13. Whenever there shall be presented to the board of supervisors, a petition, or petitions, signed by legal voters of said county equal in number to fifty per cent of the votes cast at the last preceding general election, asking that an ordinance, to be set forth in such petition, be sub- mitted to a vote of the qualified voters of such county, it shall be the duty of the board of supervisors, by proclama- tion, to submit such proposed ordinance to the vote of the qualified electors of such county. Such election shall be Act 837, §§ 14-16 COUNTY GOVERNMENT. 118 held within thirty days after the first regular meeting of the board after the filing of such petition; provided, that Bhould said petition be filed within six months prior to a general election, no special election need be held, but such ordinance shall be submitted at the next general election. The ballots used at such special or general election shall contain the words "For the ordinance" (stating the nature of the ordinance), and "Against the ordinance," stating the nature of the ordinance. The election shall be eon- ducted and the returns canvassed in all respects as pro- vided by law, for the conducting of general elections and the canvassing the returns thereof; provided, that when a special election is held under the provisions of this section, the board of supervisors, in their discretion, may consolidate precincts, and may reduce the number of election officers to a number not less than four. If a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the board of supervisors shall proclaim such fact, and upon the publication of such proclamation, such or- dinance thus adopted shall have the same and equal force and effect as though adopted and ordained by the board (}f supervisors. The board of supervisors may also, at any election, submit any question or proposition upon which they may desire the opinion of the voters of the county. BOARD OP SUPERVISORS. Sec. 14. Each county must have a board of supervisors, consisting of five members. Sec. 15. Each member of the board of supervisors must be an elector of the district which he represents, must reside therein during his incumbency, must have been auch elector for at least one year immediately preceding his election, and shall be elected by such district, and not at large; provided, that in any county or city and county ir which supervisoral districts have not been established by law or ordinance, and in which supervisors are now re- quired to be elected at large, but from particular wards, the members of the board of supervisors shall be elected at large and without regard to residence. Sec. 16. The board of supervisors may, by a two-thirds vote of the members of said board, change the boundaries of any or all of the supervisor districts of a county. Said districts shall be as nearly equal in population 33 may be. The boundaries of no supervisor district shall at any time be changed in such manner as to affect the t',rm of office 119 COUNTY i.;0,i:RXMENT. Act 837, §§ 17-i!" of any supervisor who lias been elected, and whose term of office has not expired. No change in the boundaries of any supervisor district shall be made within ninety days next preceding a general election. Sec. 17. Whenever a vacancy occurs in the board of super- visors of a county, the governor shall fill the vacancy, and the appointee shall hold office until the election and quali- fication of his successor. In such case the election of a supervisor shall be held at the next general election to fill the vacancy for the unexpired term, unless such term ex- pires on the first Monday after the first day of January succeeding said election. Sec. 18. The supervisors shall elect a chairman, who shall preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order entered on their records, select one of their number to act as chairman temporarily. Any member of the board may administer oaths, when necessary in the performance of his official duties. A majority of the mem- bers of the board shall constitute a quorum for the trans- action of business, and no act of the board shall be valid or binding unless a majority of all the members concur therein. Sec. 19. The county clerk is ex-officio clerk of the board of supervisors. The records and minutes of the board must be signed by the chairman and the clerk. CLERK OF THE BOARD. Sec. 20. The clerk of the board must: 1. Record all the proceedings of the board. 2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county. 3. Record the vote of each member on any question upon which there is a division, or at the request of any member present. 4. Immediately after the adjournment of each meeting of the board, certify all demands allowed and orders made for the payment of money, giving the amount and date of each demand, or order, and the date of the allowance thereof, which demands, or orders, shall be; countersigned Act 837, 8 21 COUNTY GOVERNMENT. 120 by the chairman of the board, and thereafter said clerk shall deliver to and leave the same with the auditor. 5. File and preserve the reports of the county treasurer of the receipts and disbursements of the county. 6. Preserve and file a memorandum ot all accounts acted upon by the board. 7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon. 8. Authenticate with his signature and seal of the board the proceedings of the board, whenever the same shall be ordered published. 9. Authenticate with his signature and the seal of the board, all ordinances passed by the board, and to record the same at length in the "Ordinance Book." 10. Record all orders levying taxes; and, 11. Perform all other duties required by law, or any rule or order of the board. Sec. 21. The board must cause to be kept: 1. A "Minute Book," in which shall be entered the daily proceedings had at all regular and special meetings, and all orders and decisions made by them, except such as are required to be recorded in the "Road," "Franchise, " or "Ordinance" books. 2. An "Allowance Book," in which must be recorded all orders for the allowance of money, from the county treas- ury, to whom made, and on what account, dating, number- ing, and indexing the same through each year. 3. A "Road Book," containing all proceedings and ad- judications relating to the establishment, maintenance, change, and discontinuance of roads and road districts. 4. A "Franchise Book," containing all franchises granted by them, and all proceedings had in relation thereto. 5. A "Warrant Book," to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number, and reference to the order on the minute book, with the date, amount, on what account, and name of payee. 6. An "Ordinance Book," in which must be entered all ordinances duly passed by the board. 121 COUNTY GOVERNMENT. Act 837, §§ 22-25 Sec. 22. The board of supervisors must, by ordinance, provide for the holding of regular meetings of the board at the county seat. Sec. 23. A special meeting may be ordered by a ma- jority of the board. The order must be signed by the members calling such meeting, and must be entered in th«j minutes. Five days' notice of such meeting must be given by the clerk, personally or by mail, to the members not joining in the order. The order must specify the business to be transacted at such special meeting, and none other shall be transacted. Sec. 24. All meetings of the board must be public, and the books, records, and accounts of the board must be kept at the office of the clerk, open at all times for public inspection. GENEEAL PERMANENT POWERS OF BOARDS. Sec. 25. The boards of supervisors, in their respective counties, shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law: 1. To supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county charged with the assessing, collecting, safe-keeping, management, or disbursement of the public revenues; to see that they faithfully perform their duties, direct prose- cutions for delinquencies, and, when necessary, require them to renew their official bonds, make reports and pre- sent their books and accounts for inspection. 2. To divide the counties into townships, election, school, road, supervisor, sanitary, and other districts required by law, change the same, and create others, as convenience requires. 3. To establish, abolish, and change election precincts, and to appoint inspectors and judges of election, canvass all election returns, declare the result, and order tho county clerk to issue certificates thereof; but no election precinct shall be established or abolished, or the bound- aries of any precinct changed, within ninety days prior to any election. i 4. To lay out, maintain, control, construct, repair, and manage public roads, turnpikes, ferries, wharves, chutes, and other shipping facilities and bridges within the county, unless otherwise provided by law, and to grant franchises Act 837, § 25 COUNTY GOVERNMENT. 123 and licenses to collect tolls thereon; provided, where the cost of the constrnction of any bridge, wharf, chute, or other shipping facilities that may be built under the pro- visions of this subdivision exceeds the sum of five hundred dollars, they must cause to be prepared and must adopt plans and specifications, strain sheets, and working details, and must advertise for bids for the constrnction of such bridge, wharves, chutes, or other shipping facilities, un- less otherwise provided by law, in accordance with the plans and specifications so adopted. All bidders shall be afforded opportunity to examine such plans and specifica- tions, and said board shall award the contract to the lowest resnou^iblo bidder, and the plans and specifications so adopted shall be attached to and become a part of the contract; and the porson or corporation to whom the con- tract is awarded shall be required to execute a bond, to be approved by said board, for the faithful performance of such contract; provided, that after the submission of the bids as herein provided, the board of supervisors be- ing advised by the county surveyor that the work can be done for a sum less than the lowest responsible bid, it shall then be their privilege to reject all bids and to order the work done or structure built by day's work, under the supervision and control of the said surveyor; provided further, that the surveyor in such cases shall be held per- sonally responsible, under his official bond, to construct snid bridge or structure, according to his plans anr" speci- fications, at a cost not to exceed the amount of the lowest responsible bid received; provided, that the road commis- sioners or road overseers in their respective districts shall employ all labor required and direct the conduct of work of any kind upon any and all public roads; provided further, that in cases of great emergency, by ' legality thereof, if the district attorney declare the claim, or any part thereof, illegal, he must state specifically where- in it is illegal, and the claim, or such part, must then be rejected by said board. Sec. 50. The board must have prepared by the clerk, and when he is not also auditor, then by that officer, and under their direction, prior to their annual meeting for levying taxes, a statement showing: 1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof. 2. A concise description of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury aud its several funds. Sec. 51. The' board must receive from the United States, or other sources, lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges or other spe- cific purposes, and may use the same therefor, and may pro- vide for the sale of the same, and the application of the proceeds thereof. Sec. 52. The board may provide for widening, deepen- ing, straightening, removing obstructions from and other- wise improving all streams and washes within the county and also protecting the banks and adjacent lands from overflow of such streams or washes, when the same are not declared by law to be, and in fact are not, navigable Act 837, §§ 53-55 COUNTY GOVERNMENT. 142 for commercial purposes, the overflow of which interferes with highways; and provide regulations for the use, repair, and control thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with the private rights or privileges of riparian owners, miners or others. Whenever, in the opinion of the board of su- pervisors, the general fund is insufficient to defray the cost of the improvements provided for under this section, they may levy a tax or contract a bonded indebtedness therefor in the manner provided by this act. Sec. 53. Any supervisor who refuses or neglects to per- form any duty imposed on him, without just cause there- for, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudu- lently or corruptly attempts to perform an act as super- visor, unauthorized by law, in addition to the penalty pro- vided in the Penal Code, forfeits to the county five hun- dred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond, to any person injured thereby, for all damages sustained. Sec. 54. No person is eligible to a county, district, or township office, who, at the time of his election, is not" of the age of twenty-one years, a citizen of the state, and an elector of the county, district, or township in which the duties of the office are to be exercised; provided, that any woman who is of the age of twenty-one years, a citizen of the state, and a resident of the county or district, shall be eligible to the office of superintendent of public schools, school trustee, or member of the county board of educa- tion; and provided further, that no person shall hereafter be eligible to the office of district attorney who has not been admitted to practice in the supreme court of the srntc- of California; and provided further, that the county live stock inspector shall, at the time of his appointment, be a duly qualified veterinary surgeon having on file in the of fice of the county clerk a certificate issued to him by the state veterinary medical board. (Amendment approved March 21, 1905; Stats. 1905, p. 721. In effect in sixty days.] See. 55. The officers of a county are a sheriff, a county clerk, an auditor, a recorder, a license collector, a tax collector, who shall be ex-officio license collector, a district attorney, an assessor, a treasurer, a superintendent of 143 COUNTY GOVERNMENT. Act 837, § § 55%, c-K schools, a public administrator, a coroner, a surveyor, the members of the board of supervisors, a live stock inspector, and such other officers as may be provided by law. In counties where the board of supervisors by proper ordi- nance so elect, except as otherwise provided in this act, the duties of certain of the above-mentioned officers are hereby consolidated, as follows: Sheriff and tax collector; auditor and recorder; county clerk, auditor and recorder; county clerk and recorder; county clerk and auditor; treas- urer and tax collector; assessor and tax collector; public administrator and coroner. In counties where the duties of said officers have been, or may hereafter be, consolidated in either manner above designated, the board of super- visors thereof, by proper ordinance, may elect to separate the duties so consolidated, and reconsolidate them in any other manner above provided, or may separate said duties without reconsolidation, and provide that the duties of each office shall be performed by a separate person, when- ever, in their discretion, the public interest will be best subserved thereby. When offices are united and consoli- dated, the person elected to fill the offices so united and consolidated must take the oath and give the bond re- quired for each, discharge all the duties pertaining to each, and receive the compensation of the offices consoli- dated. [Amendment approved March 21, 1905; Stats. 1905, p. 722. In effect in sixty days.] Sec. 55%. The live stock inspector shall be appointed by the board of supervisors whenever in the discretion of the board of supervisors the interest of the public welfare demand the services of such an officer, and such an officer shall hold his office at the pleasure of the appointing pow- er. He shall receive a salary in the sum of one hundred and twenty-five dollars per month, which salary shall be paid at the same time and in the same manner, and out of the same funds that other county officers are paid. [New section approved March 21, 1905; Stats. 1905, p. 722. In effect in sixty days.] Sec. 56. The officers of a township are two justices of the peace, two constables, and such subordinate officers as axe provided by law. In townships containing cities in which city justices or recorders are elected, there shall be but one justice of the peace; except as hereinafter other- wise provided, and in townships having a population less than five thousand, there shall be but one justice of the peace and one constable, and except in townships con- Act 837, §§ 57-59 COUNTY GOVERNMENT. 144 taining a population of more than one hundred thousand and less than three hundred thousand, there shall be two justices of the peace. The board of supervisors of each county, as public convenience may require, shall divide their respective counties into townships for the purpose of electing justices of the peace and constables and shall appoint competent persons to fill the offices of justice of the peace and constable created by this act. But the pro- visions of this section shall not affect any present incum- bent of the office of justice of the peace or constable. [Amendment approved March 12, 1903. Stats. 1903, p. 129; in effect immediately.] Sec. 57. "Whenever notice is required by law to be pub- lished in a newspaper by any county or township officer, the person for whom the notice is to be given shall pay to such officer, if required, the fees for such publication, in advance. And failure to publish any notice required by law pertaining to the duties of his office, shall be a misde- meanor. Sec. 58. All elective county and township officers, and city justices of the peace, except otherwise provided for in this act, shall be elected at the general election at which the governor is elected, and shall take office at twelve o'clock meridian on the first Monday after the first day of January next succeeding their election. All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and quali- fied. Supervisors shall be elected at the general election prior to expiration of the term of the incumbent. The su- pervisors of any county created after the first day of January, eighteen hundred and ninety-three, shall, within six months after the first general election succeeding the creation of such county, classify themselves by lot into tv/o classes, as nearly equal in number as possible, and the term of pffice of the class having the greater number shall expire in two years from such general election, and the term of office of the class having the lesser number shall terminate in four years from such general election. See. 59. Every country, township, or district officer, ex- cept a supervisor or judicial officer, may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the county clerk; and until such appointment is so made and 146 COUNTY GOVERNMENT. A.ct 837, §§ SO-61 filed, and until such deputy shall have taken the oath of office, no one shall be or act as such deputy. Sec. 60. Whenever the official name of any principal of- ficer is used in any law conferring power, or imposing du- ties or liabilities, it includes deputies. Sec. 61. All county officers must have their offices at the county seat, and the sheriff, clerk, recorder, auditor, treasurer and district attorney must keep their offices open for the transaction of business from .nine o 'clock A. M. until five o 'clock P. M., non-judicial days excepted. Sec. 62. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or mal-performance of official duties, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon. Sec. 63. Every officer mentioned in section fifty-five, and his deputies, and every justice of the peace, may ad- minister and certify oaths. Sec. 64. A county or township officer shall in no case absent himself from the state for a period of more than sixty days in any one year, and for no period without the consent of the board of supervisors of the county, ex- cept when on business for the state; provided, that in case of illness or urgent necessity, the board of supervisors may, on a proper showing of such illness or urgent neces- sity," extend the time herein limited, for the absence of any such officer, not to exceed six months. Sec. 65. Sheriffs, clerks and constables, and their depu- ties, are prohibited from practicing law, or acting as at- torneys or counselors at law, in the counties where they reside and hold office, or from having as a partner a law- yer, or any one who acts as such, and no county officer, or his deputy, except district attorneys and treasurers, shall be eligible to the office of notary public, or perform the duties of the same. Sec. 66. The board of supervisors of each county shall, on or before the first Monday in September, preceding the election of the following officers, prescribe the amount in which said officers must execute official bonds: Treasurer, county clerk, auditor, sheriff, tax collector, district attor- ney, recorder, assessor, surveyor, superintendent of schools, Gen. Laws— 10 Act 837. j § 66a, 67 COUNTY GOVERNMENT. 146 public administrator, coroner, justice of the peace and constable. The judge or judges of the superior court shall, on or before the said first Monday of September, prescribe the amount in which each member of the board of supervisors must execute an official bond before enter- ing upon the discharge of the duties of his office. The bonds and sureties of such officers must, before the bonds can be recorded and filed, be approved by the judge, or judges, if there be more than one, of the superior court. All persons offered as sureties on official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the state, and is worth in real or personal property, or both, situate in this state, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt from execution and forced sale. All official bonds shall be recorded in the office of the county recorder, and then filed and kept in the office of the county clerk. The official bond of the county clerk shall, after being recorded, be filed and kept in the office of the county treasurer. The tax collector shall also before qualifying give a bond as license collector in such sum as may be fixed by the board of supervisors, to be approved as herein provided. Sec. 66a. It shall be the duty of the board of super- visors of each county, on or before, the first day of Novem- ber of each year, to supply the secretary of the State Agri- cultural Society upon blanks to be furnished by him for that purpose, statistics showing the products grown, pro- duced or manufactured in said county, for the year pre- ceding, and the expense thereof shall be a county charge, to be paid as other county charges against the county. [New section approved March 20, 1905; Stats. 1905, p. 476. In effect immediately.] COUNTY TREASURER. Sec. 67. The county treasurer must: 1. Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, safely keep the same, and apply and pay them out, rendering the account thereof as required by law. 2. File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury. HT COUNTY GOVERNMENT. Act 8S7, §§ 58-72 3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him; the amount, time when, to whom, and on what ac- count all disbursements were made by him. 4. So keep his books that the amount received and paid out on account of separate funds or specific appropria- tions are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the county auditor. 6. Disburse the county moneys only on county warrants, issued by the county auditor, except on settlement with the state. 7. Disburse the moneys in the treasury on such warrants only when they are based on orders of the board of super- visors, or upon order of the superior court, or as other- wise provided by law. Sec. 68. He must ' receive no money into the treasury unless accompanied by the certificate of the auditor, pro- vided for in section one hundred and eleven. Sec. 69. When any money is paid to the county treas- urer he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the coun- ty auditor, who must charge the treasurer therewith, and give the person paying the same a receipt. Sec. 70. When a warrant is presented for payment, if there is money in the treasury for that purpose, he must pay the same and write on the face thereof "Paid," the date of payment, and sign his name thereto. Sec. 71. When any warrant is presented to the treas- urer for payment, and the same is not paid foT want of funds, the treasurer must indorse thereon ' ' Not paid for want of funds," with the date of presentation, and sign his name thereto, and from that time until paid the war- rant bears five per cent interest per annum. Sec. 72. When there are sufficient moneys in the treas- ury to pay the warrants drawing interest, the treasurer Act 837, §§ 73-77 COUNTY GOVERNCENT. US must give notice in some newspaper published in the county, or if none is published therein, then by written notice posted upon the courthouse door, stating therein that he is ready to pay such warrants. From the first publication or posting of such notice, such warrants cease to draw interest. See. 73. In advertising warrants under the provisions of the preceding section in any newspaper, the treasurer must not publish the warrants in detail, but give notice only that county warrants presented for payment prior to such a date, stated in the notice, are payable. When a part only of the warrants presented for payment on the same day are payable, the treasurer must designate such payable warrants in the advertisement. Sec. 74. Warrants drawn on the treasury, and properly attested, are entitled to preference as to payment out of moneys in the treasury properly applicable to such war- rants, according to the order in which they were presented. The time of presenting such warrants must be noted by the treasurer, and upon receipt of moneys into the treas- ury not appropriated, he must set apart the same, or so much thereof as is necessary for the payment of such war- rants. Sec. 75. Shoubl such warrants not be again presented for payment within sixty days from the time the notice hereinbefore provided for is given, the fund set aside for the payment of the same must be by the treasurer applied to the payment of unpaid warrants next in order of regis- try. The board of supervisors may, on application and presentation of warrants properly indorsed, which have been advertised, pass an order directing the treasurer to pay them out of any money in the treasury not otherwise appropriated. Sec. 76. When the treasurer pays any warrant upon which any interest is due, he must note on the warrant the amount of interest paid thereon and enter on his account the amount of such interest distinct from the principal. Sec. 77. The treasurer must settle his accounts relating to the collection, care and disbursement of public revenue, of whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement, he must make a statement, under oath, 143 COUNTY GOVERNMENT. Act 837, §§7Si-Sl of the amount of money or other property receiver! prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disburse- ments, and to whom, with the amount remaining on hand. He must, in such settlements, deposit all warrants redeemed by him, and take the auditor's receipt therefor. He must also make a full settlement of all accounts with the aud- itor, annually, on the first Monday of January, in the presence of the supervisors. See. 78. Each county treasurer must make a detailed report, at every regular meeting of the board of super- visors of his county, of all moneys received by him, and the disbursement thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the receipts into the treasury and the amounts of disbursements, together with the debts due to and from the county, may distinctly appear. See. 79. If any county treasurer neglect or refuse to settle or report, as required in sections seventy-seven and seventy-eight, he forfeits and must pay to the county the sum of five hundred dollars for every such neglect or re- fusal, and the board of supervisors must institute suits for the recovery thereof. Sec. 80. If the district attorney refuse or neglect to ac- count for and pay over money received by him, as required by the fifth subdivision of section one hundred and thirty- two, he shall be liable for such refusal or neglect upon his official bond, and the county treasurer must bring ah action against him for the recovery thereof, in the name of the county, and may recover in such action, in addition to the amount so received, fifty per cent thereon by way of damages. And no order of the board of supervisors shall be necessary to bring such action. His reasonable expenses, including attorney's fees, shall be a county charge. See. 81. The treausrer, upon receiving from the coroner, or justice of the peace acting as coroner, money found on a dead body, must place it to the credit of the county; on receiving other property in like manner, he must, within thirty days, sell it at public auction, upon reasonable pub- lic notice, and must, in like manner, place the proc< i ds t<> the credit of the county. All said moneys must b<. kept in a separate fund. Act 837, §§ 82-88 COUNTY GOVERNMENT. 15.1 Sec. S2. If the money in the treasury is demanded within six years, by the legal representatives of the dece- dent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner, and of the c»unty, in relation to the matter, or the same may be so' paid at any time thereafter, upon the order of the board of super- visors. Sec. 83. The county treasurer must keep all moneys be- longing to this state, or to any county of this state, in his own possession, until disbursed according to law. He must not place the same in the possession of any person, to be used for any purpose; nor must he loan, or in any man- ner use, or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special deposits for the safekeeping of the public moneys; but he shall be liable therefor on his of- ficial bond. Sec. 84. Whenever an action, based upon official mis- conduct, is commenced against any county treasurer, the supervisors may, in their discretion, suspend him from of- fice until such suit is determined, and may appoint some person to fill the vacancy, who shall qualify and give such bond as may be required by the board of supervisors. Sec. 85. In case of the death of any county treasurer, his legal representatives must deliver up to the person appointed to fill the vacancy occasioned by such death, all official moneys, books, accounts, papers and documents which are or may come into their possession. Sec. 86. The books, accounts and vouchers of the treas- urer are at all times subject to the inspection and exam- ination of the board of supervisors and grand jury. Sec. 87. The treasurer must permit the chairman of the board of supervisors, district attorney and auditor to ex- amine his books and count the money in the treasury, when- ever they may wish to make an examination or counting. SHEEIFP. Sec. 88. "Process," as used in this act, includes all writs, warrants, summons and orders of courts of justice, or judicial officers. "Notice" includes all papers and or- ders (except process) required to be served in any pro- 151 COUNTY GOVERNMENT. Act 837, §§ S9-92 reeding before any court, board or officer, or when required by law to be served independently of such proceeding. Sec. 89. The sheriff must: 1. Preserve the peace. 2. Arrest and take before the nearest magistrate for exam- ination all persons who attempt to commit, or who have committed, a public offense. 3. Prevent and suppress any affrays, breaches of the peace, riots and insurrections which may come to his knowledge. 4. Attend all superior courts held within his county, and obey all lawful orders and directions of all courts held within his county. 5. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties. 6. Take charge of and keep the county jail, and the prisoners therein. 7. Release on the record all attachments of real prop- erty, when the attachment placed in his hand has been re- leased or discharged. 8. Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time when received. 9. Serve all process and notices in the manner prescribed by law. 10. Certify, under his hand, upon process or notices, the manner and time of service, or if he fails to make service, the reason of his failure, and return the same without de- lay. Sec. 90. When process or notices are returnable to an- other county, he may inclose such process or notice in an envelope, addressed to the officer from whom the same em- anated, and deposit it in the postoffice, prepaying postage. Sec. 91. The return of the sheriff upon process or no- tices is prima facie evidence of the facts in such return stated. Sec. 92. If a sheriff does not return a process or notice in his possession, with the necessary indorsement there- Act 837, §§ 93-97 COUNTY GOVERNMENT. 1B2 on, without delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sus- tained by him. Sec. 93. If the sheriff to whom a writ of execution is delivered neglects or refiises, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ, which is liable to be levied upon and sold, he is liable to the creditor for the value of such property. Sec. 94. If he neglects or refuses to pay over, on de- mand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after de- ducting all legal fees), the amount thereof, with twenty- five per cent damages, and interest at the rate of ten per cent per month, from the time of demand, may be recov- ered by such person. Sec. 95. A sheriff who suffers the escape of a person ar- rested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made is liable as follows: 1. When the arrest is upon an order to hold to bail, or upon a surrender in exoneration of bail before judgment, he is liable to the plaintiff as bail. 2. When the arrest is on an execution or commitment to enforce the payment of money, he is liable for the amount expressed in the execution or commitment. 3. When the arrest is on an execution or commitment other than to enforce the payment of money, he is liable for the actual damages sustained. 4. Upon being sued for damages for an escape or res- cue, he may introduce evidence in mitigation and exculpa- tion. Sec. 96. He is liable for the rescue of a person arrested in a civil action, equally as for an escape. Sec. 97. An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arretted upon an execution or commitment, if, after his rescue or escape, and before the commencement of the action, the prisoner returns to the jail, or is retakeu by the sheriif. 153 COUNTY GOVERNMENT. Act 837, §§ 98-103 See. 98. No direction or authority by a party or his at- torney to a sheriff, in respect to the execution of process or rrturu thereof, or to any act or omission relating there- to, is available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party, if he has no attorney. Sec. 99. When the sheriff is committed, under an exe- cution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty days, his office is vacant. Sec. 100. A sheriff or other ministerial officer is justi- fied in the execution of, and must execute, all process and orders regular on their face, and issued by competent au- thority, whatever may be the defect in the proceedings up- on which they were issued. Sec. 101. The officer executing process must then, and at all times subsequent, so long as he retains it, upon re- quest, show the same, with all papers attached, to any per- son interested therein. Sec. 102. The sheriff in attendance upon court must act as the crier thereof, call the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the court, and of any other matter under its direction. Sec. 103. Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office dur- ing office hours; or, if no such person be there, by leav- ing it in a conspicuous place in the office. When any pro- cess remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, said process shaH be executed by his successor or successors in office; and when the sheriff sells real estate, under and by virtue of an execution or order of court, he or his successors in of- fice shall execute and deliver to the purchaser or pur- chasers all such deeds and conveyances as are required by law and necessary for the purpose, and such deeds and con- veyances shall be as valid in law as if they had been ex- ecuted by the slieriff who made the sale. Act 837, §§ 104-107 COUNTY GOVERNMENT. 164 Sec. 104. When tlie sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner of the county; provided, when any action is begun against the sheriff, all process and orders may be served by any person, a citizen of the United States over the age of eighteen years, in the manner provided in the Code of Civil Procedure. Sec. 105. Process or orders in an action or proceeding may be executed by a person residing in the county, desig- nated by the court, or the judge thereof, and denominated an elisor, in the following cases: 1. When the sheriff and coroner are both parties; 2. When either of these officers is a party, and the pro- cess is against the other; and 3. When either of these officers is a party, and there is a vacancy in the office of the other, or where it ap- pears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause, would not act promptly or im- partially. When process is delivered to an elisor, he must execute and return it in the same manner as the sheriff is required to ' execute similar process. Whenever process is executed, or auy act performed by a coroner or elisor, in the cases provided by law in that behalf, such coroner or elisor shall be entitled to receive a reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the peo- ple, it shall be audited and paid as a county charge. Sec. 106. The sheriff must perform such other duties as are required by law. COUNTY CLERK. Sec. 107. The county clerk must: 1. Take charge of and safely keep, or dispose of, ac- cording *to law, all books, papers and records which may be filed or deposited in his office. 2. Act as clerk of the board of supervisors and as clerk of the superior court, and attend each session thereof, and upon the judge at chambers, when required. 155 COUNTY GOVERNMENT. Act 837, §§ 108-ltl 3. Issne all process and notices required to be issued; enter a synopsis of all orders, judgments and decrees proper to be entered, unless the court shall order them to be en- tered at length; keep in the superior court a docket, in which must be entered the title of each cause, with the date of its commencement; a memorandum of every subse- quent proceeding therein, with date thereof, and a list of all the fees charged. 4. Keep for the superior court an index of all suits, la- beled ' ' General Index— Plaintiffs, ' ' each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," ct Plain tiffs," "Defendants," "Date of Judgment," "Num- ber of Judgment, " " Page of Entry of Judgment in Judg- ment Book," "Page of Minute Book"; also an index, la- beled ' ' General Index — Defendants, ' ' each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Defendants," "Plaintiffs," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page in Order Book"; keep an index of the names of persons naturalized. Sec. 108. He must keep such other records and perform etieh other duties as are prescribed by law. COUNTY AUDITOR. Sec. 109. The auditor must issue warrants as provided in section forty-one, on the county treasurer, in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county, which have been legally examined, allowed and ordered paid by the board of supervisors. The auditor must also issue warrants on the county treasurer for all debts and demands against the county, when the amounts are fixed by law or authorized by law to be allowed by some person or tribunal other than the board of supervisors. Sec. 110. All warrants must distinctly specify the lia- bility for which they are drawn, and when it accrued. Sec. 111. The auditor must examine and settle the ac- counts of all persons or officers indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presenta- tion and filing of the treasurer's receipt therefor, give to Act 837, §§ 112-117 COUNTY GOVERNMENT. 156 such persons a discharge, and charge the treasurer with the amount received by him. Sec. 112. The auditor must keep accounts current with the treasurer, and when any person deposits with the aud- itor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt, and charge the treasurer with the amount thereof. Sec. 113. All warrants issued by the auditor during each year, commencing with the first Monday after the first day of January, must be numbered consecutively, and the num- ber, date and amount of each, and the name of the per- son to whom payable, and the purpose for which drawn, must be stated thereon; and they must, at the time they are issued, be registered by him, and after such warrants have remained uncalled for for two years they shall be canceled. Sec. 114. The auditor must, between the first and tenth day of each month, examine the books of the treasurer and see that the same have been correctly kept. See. 115. The chairman of the board of supervisors, dis- trict attorney and auditor, must, at least once in each month, count the money in the county treasury, and make and verify in duplicate, statements showing: 1. The amount of money that ought to be in the treas- ury. ' 2. The amount and kind of money actually therein. Sec. 116. They must file one of the statements in the office of the county clerk, and the auditor must post and maintain the other in his office for at least one month thereafter. Sec. 117. The auditor and treasurer of each county must, on the first Monday in February, May, August, and No- vember, and at such other times as the board of supervi- sors may require, make a joint statement to the board of supervisors, showing the whole amount of collections (stat- ing particularly the source of each portion of the revenue) from all sources paid into the county treasury; the funds among which the same are distributed, and the amount to each; the total amount of warrants drawn and paid, and on what fund; the total amount of warrants drawn and un- paid, and accounts or claims audited or allowed and un- 157 COUNTY GOVERNMENT. Act 837 §§ 118-120 paid, and the fund out of which they are to be paid, and generally make a full and specific showing of the financial condition of the county. The board of supervisors shall cause to be prepared, and shall publish each year a sta- tistical report showing in compendious form all the finan- cial transactions of the county for the last fiscal year, ex- hibiting separately the receipts and expenditures by or on account of each office, board, commission, institution, court, and road district and school district, and classifying the principal items of income and expenditure, so as to show the financial transactions and the financial condition of the county. [Amendment approved March 23, 1901. Stats. 1901, p. 686. In effect immediately.] Sec. 118. The auditor must discharge such other duties as are required by law. COUNTY EECOEDER. Sec. 119. The recorder must procure such books for records as the business of his office requires, but orders for the same must first be obtained from the board of su- pervisors. The books used may contain printed forms of deeds, mortgages or other instruments of general use. He has the custody of, and must keep all books, records, maps and papers deposited in his office. Sec. 120. He must, upon the payment of his fees for the same, record, separately, in large and well-bound separate books, in a fair hand: 1. Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate, and leases which have been acknowledged and ap- proved. 2. Mortgages of personal property. 3. Certificates of marriage and marriage contracts. 4. Wills admitted to probate. 5. Official bonds. 6. Notice of mechanics' liens. 7. Transcripts of judgments, which by law are made liens upon real estate. 8. Notices of attachments upon real estate. 9. Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof. let 837, § 121 COUNTY GOVERNMENT. 158 10. Instruments describing or relating to the separate property of married women. 11. Births and deaths; and, 12. Such other writings as are required or permitted by law to be recorded. See. 121. Every rei-order must keep: 1. An index of deeds, grants and transfers, labeled "Grantors," each page divided into four columns, headed, respectively: "Names of Grantors," "Names of Grantees," "Date of Deeds, Grants or Transfers" and "Where Re- corded. ' ' '2. An index of d< < ds. labeled "Grantees," each page di- vided into four columns, headed, respectively: "Names of Grantees," "Names of Grantors, " "Date of Deeds, Grants or Transfers," and "'Where Recorded. " 3. Two indices of mortgages, labeled, respectively: "Mortgagors of Real Property," "Mortgagors of Personal Property," with the pages thereof divided irto five col- umns, headed, respectively: "Names of Mortgagors," "Names of Mortgagees," "Date of Mortgages," "Where Recorded," "When Discharged." 4. Two indices of mortgages, labeled, respectively: "Mortgagees of Real Property," "Mortgagees of Personal Property," with the pages thereof divided into five col- umns, headed, respectively: "Names of Mortgagees," "Names ef Mortgagors, " "Date of Mortgages," "Where Recorded," "When Discharged. " 5. Two indices of releases of mortgages, labeled respec- tively: "Releases of Mortgages of Real Property — Mortga- gors," "Releases of Mortgages of Personal Property — Mortgagors," with pages thereof divided into six columns, headed, respectively: "Parties Releasing," "To Whom Releases are Given," "Date of Releases," "Where Re- leases are Recorded," "Date of Mortgages Released," "Where Mortgages Released are Recorded." 6. Two indices of releases of mortgages, labeled, respec- tively: "Releases of Mortgages of Real Property — Mortga- gees, " " Releases of Mortgages of Personal Property — Mortgagees," with pages thereof divided into four col- umns, headed, respectively: "Parties Whose Mortgages are Released," "Parties Releasing," "Date of Releases," "Where Recorded." 7. An index of powers of attorney, labeled: "Powers of Attorney, ' ' each page divided into five columns, headed, 159 COUNTY GOVERNMENT. Act 837. § 121 respectively: "Names of Parties Executing the Powers," "To "Whom Powers are Executed," "Date of Powers," 'Date of Recording," "Where Powers are Recorded." 8. An index of leases, labeled: "Leases — Lessors," each page divided into four columns, headed, respectively: "Names of Lessors," "Names of Lessees," "Date of Ltases, " "When and Where Recorded." 9. An index of leases, labeled: "Leases — Lessees," each page divided into four columns, headed, respectively: "Names of Lessees," "Names of Lessors," "Date of Leases," "When and Where Recorded." 10. An index of marriage certificates, labeled: "Mar- riage Certificates- — Men," each page divided into six col- umns, headed, respectively: "Men Married," "To Whom Married," "When Married," "By Whom Married," ' ' Where Married, " " Where Certificates are Recorded. ' ' 11. An index of marriage certificates, labeled: "Mar- riage Certificates — Women, ' ' each page divided into six columns, headed, respectively: "Women Married" (and under this head placing the family names of the women), "To Whom Married," "When Married," "By Whom Mar- ried," "Where Married," "Where Certificates are Re- corded." 12. An index of assignments of mortgages and leases, labeled: "Assignments of Mortgages and Leases — Assign- ors," each page divided into five columns, headed, respec- tively: "Assignors," "Assignees," "Instruments As- signed," "Date of Assignment," "When and Where Re- corded." 13. An index of assignments of mortgages and leases, labeled: "Assignments of Mortgages and Leases — As- signees," each page divided into five columns, headed, re- spectively: "Assignees," "Assignors," "Instruments As- signed," "Date of Assignment," "When and Where Re- corded. " 14. An index of wills, labeled: "Wills," each page divid- ed into four columns, headed, respectively: "Names cf Testators," "Date of Wills," "Date of Probate," "When and Where Recorded." 15. An index of official bonds, labeled: "Official Bonds," each page divided into five columns, headed, respectively: "Names of Officers," "Names of Offices," "Date of Bonds," "Amount of Bonds," "When and Where Re- corded." Act 837, §§ 122. 123 COUNTY GOVERNMENT. 160 16. An index of notices of mechanics' liens, labeled: "Mechanics' Liens," each page divided into three col- umns, headed, respectively: "Parties Against Whom Claimed," "Parties Claiming Liens," "Notices- — When and Where Recorded." ' 17. An index to transcripts of judgments, label'' 1 ,: "Transcripts of Judgments," each page divided into sevi u columns, headed, respectively: "Judgment Debtors," "Judgment Creditors," "Amount* of Judgments," f'Where Recovered," "When Recovered," " Wlun Transcript •Filed, " " When Judgment Satisfied. ' ' 18. An index of attachments, labeled: "Attachments," each page divided into six columns, headed, respectively, : "Parties against Whom Attachments an [ssued, " "Part Issuing Attachments," '''Notices of Attachments," "W)m;i Recorded," "Where Recorded," "When Attachments Dis- charged. " 19. An index of notices of the pendency of actions, la- beled, "Notices of Actions," each page divided into three columns, headed, respectively, "Parties to the Action," "Notices — W T hen Recorded," "Where Recorded." 20. An index of the separat. property of married women, lain led: "Separate Property," each page divided into five columns, headed, respectively: "Names of Married Wom- en," "Names of Their Husbands," "Nature of Instruments Recorded," "When Recorded," "Where Recorded." 21. An index to the register of births and deaths. 22. Such other books of record and indices as are or may be required by law. 23. An index of decrees of distribution in probate, la- beled: "Decrees of Distribution," divided into six col- umns, headed, respectively: "Whose Estate," "Name of Administrator," "Names of Distributees," "Date of De- cree," "In What Court," "Where Recorded." Sec. 122. The recorder must keep in his office a book, to be called "Certificates of Sales," and record therein all certificates of sales of real estate sold under execution, or under order made in any judicial proceeding. He must also prepare an index thereto, in which, in separate col- umns, he must enter the names of the plaintiff in the ex- ecution, the defendant in the execution, the purchaser at the sale, and the date of the sale. Sec. 123. The recorder must file and record with tho record of deeds, grants, and transfers, certified copies of 161 COUNTY GOVERNMENT. Act 837, §§ 124-128 final judgments or decrees partitioning or effecting the ti- tle or possession of real property, any part of which is sit- uate in the county of whieh he is recorder. Sec. 124. Every such certified copy of partition, from the time of filing the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees, and lienholders pur- chase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant or transfer. Sec. 125. The recorder may keep in the same volume any two or more of the indices mentioned in section one hundred and twenty-one; but the several indices must be kept distinct from each other, and the volume distinctly marked on the outside in such a way as to show all the indices kept therein. The names of the parties in the first column in the several indices must be arranged in alphabetical order, nd when a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the index; and when an i-strument is recorded to whieh an exeeutor, ad- ministrator, or trustee is a party, the name of sueh exe- cutor, administrator, or trustee, together with the name of the testator, or intestate, or party for whom the trust is held, must be inserted in the index. Sec. 126. When any instrument, paper, or notice, author- ized by law to be recorded, is deposited in the recorder's office for record, the recorder must indorse upon the same the time when it was received, noting the year, month, day, hour, and minute of its reception, the amount of fees for recording, and must record the same without delay, to- gether with the acknowledgments, proofs, and certificates, written upon or annexed tn the same, with the plats, sur- veys, schedule, and other papers thereto annexed, in the order in which the same were received for record, and must note at the foot of the record the exact time of its recep- tion, and the name of the person at whose request it was recorded. Sec. 127. He must also indorse upon each instrument, paper, or notice the time when, the book and pages in which it is recorded, and must thereafter deliver it to the party leaving the same for record, or upon his order. Sec. 128. It shall be the duty of the recorder, upon the payment or tender of the fees therefor, to take and cer- Gen. Laws — 11 Act 887, §§ 12H-132 POT-NTT GOVERNMENT. 1HL' tify the acknowledgment of all instruments authorized by law to be acknowledged. Sec. 129. If any recorder to whom an instrument, proved nr acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record: 1. Neglects or refuses to record such instrument, paper, or notice within a reasonable time after receiving the same; or, 2. Records any instrument, paper, or notice, willfully or negligently, untruly, or in any other manner than is here- inbefore directed; or, 3. Neglects or Tefuses to keep in his office such indices as are required by this article, or to make the proper en- tr'n s therein ; or, 4. Alters, changes, or obliterates any records deposited in his office, or inserts, any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby. Sec. 130. He shall not record any instrument, or file any paper or notice, or furnish any copy, or render any service connected with his office, until his fees for the name, as pnscribed by law, are, if demanded, paid or ten- dered. Sec. 131. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours, be open for inspection by any person, without charge; and the recorder must arrange the books of record and indii s in his offiee in such suitable places as to facil- itate their inspection. DISTRICT ATTORNEY. Sec. 132. The district attorney is the public prosecutor, and must: 1. Attend the courts, and conduct, on behalf of the peo- ple, all prosecutions for public offenses. 2. Institute proceedings before the magistrates for the arrest of persons charged with or reasonably suspected of puldie, offenses, when he has information that any such offenses have been committed; and for that purpose, when not engaged in criminal proceedings in the superior court, or in civil cases on behalf of the people, must attend upon the magistrates in cases of arrest, when required by them, 163 COUNTY GOVERNMENT. Act 837, J § 133- 13C and attend before and give advice to the grand jury, when- ever eases are presented to them for their consideration. 3. Draw all indictments and informations, defend all suits brought in his county, against the state or his county wherever brought, prosecute all recognizances . forfeited in the courts of record, and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or his county. 4. Deliver receipts for money or property received in his official capacity, and file duplicates thereof with the county treasurer. 5. On the first Monday of each month file with the auditor an account, verified by his oath, of all moneys re- ceived by him in his official capacity during the preceding month, and at the same time pay them over to the county treasurer. 6. Give, when required, and without fee, his opinion in writing, to eounty, district, and township officers, on mat- ters relating to the duties of their respective offices. Sec. 133. The district attorney is the legal adviser of the board of supervisors. He must attend their meetings, when required, and must attend and oppose all claims and accounts against the county, when he deems them unjust and illegal. Sec. 134. The district attorney, except for his own serv- ices, must not present any claim, aecount or demand for allowance against the eounty, nor in any way advocate the relief asked on any claim or demand made by another. COUNTY SURVEYOR. Sec. 135. The county surveyor must be a licensed land surveyor of the state, and must make any survey that may be required by order of court or of the board of super- visors, or upon application of any person; keep a correct and fair record of all surveys made by him, number them in the order made, and proserve a copy of the field notes and calculations of each survey, and indorse thereon its proper number; a copy of the same, and a fair and accurate plat, together with a certificate of survey, must upon application, be furnished by him to any person, upon payment of the fees allowed by law. Sec. 136. Any person owning or claiming lands which are divided by eounty lines, and wishing to have the same Nit 837, §5 137-140 COUNTY GOVERNMENT. lfil surveyed, may apply to the surveyor of any county in which any part of such land is situated, and on such application being made, the surveyor must make the survey, which is as valid as though the lands were situated entirely within the county. Sec. 137. When land, the title to which is in dispute be- fore any court, is divided by a county line, the court mak- ing an order of survey may direct the order to the sur- veyor of any county in which any part of the land is sit- uated. In all surveys the courses must be expressed ac- cording to the true meridian, and the variation of the mag- netic meridian from the true meridian must be expressed on the plat, with the date of the survey. Sec. 138. Each county surveyor must, when required, aid and assist the surveyor-general in making surveys with- in the county. When the county surveyor is interested in any land, the title to which is in dispute, and a survey thereof is necessary, the court must direct the survey to be made by some disinterested person, and the person so appointed is for that purpose authorized to administer and certify oaths. He must return such survey, verified by his aflidavit annexed thereto, and receive for his services the same fees as the county surveyor would be entitled to for similar service. Sec. 139. The county surveyor shall copy, plat, or trace all maps filed for record in the office of the county recorder of the couuty for which he shall be elected, and shall be ex-officio deputy county recorder for said county for such purposes at the cost of the party filing the same for rec- ord; provided, however, that all maps and plats filed by a licensed land surveyor, and such other mays and plats as are filed and are thereby made a record, are exempt from the provisions .of this act. The county surveyor shall plat, trace, blue-print, or otherwise make all county, township, road, district, and all other maps, and all assessor's block books, for the county of which he is surveyor. All such maps which are platted, traced, blue-printed, or oth- erwise made as aforesaid, shall be filed in the county sur- veyor's office, together with all data obtained by the coun- ty surveyor from other sources, and the same thereafter shall become the property of the county. Sec. 140. The county surveyor shall make such surveys of county roads, and perform such other engineering work as the board of supervisors may direct. All such maps 165 COUNTY GOVERNMENT. Act 83.", §§ 1« -1« and field notes of surveys shall be filed in the office of the county surveyor, and the same shall thereafter be &nd remain the property of the county. It shall be the duty of the county surveyor to advise the board of supervisors regarding all engineering work, and to perform such engi- neering work for the county as may be required by the board of supervisors. Sec. 141. The board of supervisors of each county shall provide, for the use of the county surveyor, a suitable of- fice, office furniture, heat, light, and care for the same, of- fice and record books, and other necessary material, also all necessary expenses and transportation on work per- formed in the field. In lieu of fees, as now provided by law, the county surveyor shall receive such compensation as the board of supervisors may allow, not to exceed ten dollars per day for all work performed for the county, and in addition thereto, all necessary expenses and transporta- tion on work performed in the field. COUNTY CORONER. Sec. 142. The coroner must hold inquests as prescribed by chapter two, title twelve, part two, of the Penal Code. The coroner, or other officer holding the inquest upon the body of a deceased person, may subpoena a ehemist to make an analysis of the contents of the stomach or of the tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem examination of the de- ceased, and give a professional opinion as to the cause of death, and shall cause the testimony given by the witness to be reduced to writing, under his direction, and may, upon the written order of the district attorney, employ a clerk or stenographer for such purpose, at the same com- pensation allowed to stenographers in the superior court of the county; and when such testimony is taken down by stenographer, his transcription thereof, duly certified to, shall constitute the deposition of such witness. Sec. 143. When an inquest is held by the coroner, and no other person takes charge of the body of deceased, he must cause it to be decently interred; and if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county. Sec. 144. It shall be the duty of the coroner of each county to keep an official register, to be labeled "Coroner's Art 837, §§ 145-14S COUNTY GOVERNMENT. 166 register," in which he shall enter the date of holding all inquests, the name of the deceased, when known, and when not, such description of the deceased as may be suffi- cient for identification; property found on the person of d, it any; what disposition was made of the same by the coroner; the cause of death, when known, and such other information as may pertain to the identity of the de- ceased. Bee. 145. The coroner must, within thirty days after an inquest upon a dend body, deliver to the county treasurer, or the legal representatives of the deceased, any money or other property found upon the body, and at the same linn file an affidavit with the treasurer, showing: 1. Tin amount of money or other property belonging to tate of the deceased person which has come into his D since his last statement. 2. 'I'll, disposition made of such property. 3. If the coroner, or any justice of the peace acting as coroner, fail to deliver to the treasurer, within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the mean time by the public administrator, or other legal representative ■ it' tin decedent, as required by this section, the district attorney must proceed against the coroner or justice of the peace acting as coroner, to recover the same, by civil ac- tion, in the name of the county. Sec. 146; If the office of coroner is vacant, or he is ab- sent, or unable to attend, the duties of his office may be discharged by any justice of the peace of the county, with the like authority, and subject to the same obligations and penalties as the coroner. Sir. 147. In the cases specified in section one hundred and four, the coroner must discharge the duties of sheriff. Sec. 148. The assessor must perform such duties as are prescribed in title nine, part three, of the Political Code, and such other duties as are required by law; provided, that where any salary is allowed to the assessor, by law, then where such officer is charged, or to be charged, with the making of maps or block books, he shall be allowed tin actual cost of making the same, and must file with the county auditor a sworn statement, monthly, showing in detail the names of persons, and amounts paid to each 1G7 CCrCNTY GOVERISTMENT. Act 837, §§ 149-i:.2V for such expense, and the assessor must thereupon pay over and account to the county, or city and county, for the dif- ference between any amount allowed for such purpose, anc the amount actually expended by him therefor. Sec. 149. The tax collector must perform such duties as are prescribed in title nine, part three, of the Politica* Code, and as license collector shall collect all county li- censes, and shall perform such other duties as are required by law. He shall, at least once a month and oftener, in hie discretion, pay the public money in his hands into the county treasury, taking the receipt of the treasurer there- for. Sec. 150. The school superintendent must perform such duties as are prescribed in title three, part three, of the Political Code, and shall perform such other duties as are required by law. Sec. 151. The public administrator must perform such duties as are prescribed in chapter thirteen, title eleven, part three, of the Code of Civil Procedure, and shall per- form such other duties as are required by law. See. 152. It shall be the duty of the public administrator to keep a book, to be labeled "Begister of public adminis- trator," in which he shall enter the name of every deceased person on whose estate he shall administer, the date of granting letters, money received, the property appraised and its value, proceeds of all sales of property, the amount of his fees, the expenses of administration, the amount of estate after all charges and expenses have been paid, the disposition of property on distribution, the date of dis- charge of administrator, and such other matters as may b^ necessary to give a full and complete history of each estate administered by him. The publication of the semi- annual report required to be made by the public adminis- trator shall be a county charge. Sec. 152 y 2 . It shall be the duty of the live stock in- spector, acting under the supervision of the state veter- inarian, to enforce all laws of the State of California, and all orders and ordinances of the board of supervisors of his county pertaining to the health and sanitary surround- ings of all live stock in his county, and for that purpose he is hereby authorized and empowered, by and with the approval of the board of supervisors, to establish, maintain, Act 827. §§ 153-157 COUNTY GOVERNMENT. 168 and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general protection and advancement of all matters pertaining to the health and sanitary condi- tion of the domestic livestock of his county. [New sec- tion added March 21, 1905; Stats. 1905, p. 723. In effect, in sixty days.] Sec. 153. Constables must attend the courts of justices of the peace within their townships whenever so required, and within their counties execute, serve and return all writs, processes and notices directed or delivered to them by jus- tices of the peace of such county, or by any competent au- thority; provided, however, that no constable shall have jurisdiction or authority to serve any writ, notice, or other process issued by any justice or justice 's court of any town- ship other than the justice or justice's court of the town- ship in and for which he may be constable without the boundaries of the township in and for which he is constable, and any service by a constable of any writ, notice, or other process issued by any justice or justice's court of any town- ship other than the township in and for which he is duly elected and qualified constable, outside of the boundaries of the township in and for which he is such constable, shall be void. Constables shall charge and collect for their serv- ices such fees as are now or may hereafter be allowed. [Amendment approved March 20, 1905. Stats. 1905, p. 393.] Sec. 154. All provisions of sections eighty-eight, eighty- nine, ninety, ninety-one, ninety-two, ninety-three, ninety- four, ninety-five, ninety-six, ninety-seven, ninety-eight, niiK ty-iiim , oni hundred, one hundred and one, one hun- dred and two, and one hundred and three, except, the fourth and sixth subdivisions of section eighty-nine, apply to constables, and govern their powers, duties, and liabil- ities. Sec. 155. Justices of the peace must perform such du- ties as are prescribed in title eleven, part two, of the Code of Civil .Procedure, and such other duties as are prescribed by law. Sec. 156. The salaries of officers must be paid monthly from the county salary fund of the treasury, on the warrant of the auditor. Sec. 157. For the purpose of regulating the compensa- tion of all officers herein provided for, the several counties of this state are hereby classified, according to their popu- 169 COUNTY GOVERNMENT. Act 837, 5 1ST lation (as ascertained and determined in section ten), as follows, to wit: All counties containing a population of three hundred thousand and over shall belong to and be known as coun- ties of the first class. Counties containing a population of one hundred and fifty thousand and under three hundred thousand shall , belong to and be known as counties of the second class. Counties containing a population of one hundred thou- sand and under one hundred and fifty thousand shall be- long to and be known as eounties of the third class. Counties containing a population of fifty thousand and under one hundred thousand shall belong to and be known as counties of the fourth class. Counties containing a population of forty thousand and tinder fifty thousand shall belong to and be known as coun- ties of the fifth class. Counties containing a population of thirty-eight thousand and under forty thousand shall belong to and be known as counties of the sixth class. Counties having a population of thirty-six thousand and under thirty-eight thousand shall belong to and be known as counties of the seventh class. Counties having a population of thirty-five thousand four hundred and under thirty-six thousand shall belong to and be known as counties of the eighth class. Counties having a population of thirty-five thousand and tinder thirty-five thousand four hundred shall belong to and be known as counties of the ninth class. Counties having a population of twenty-seven thousand four hundred and under thirty-five thousand shall belong to and be known as counties of the tenth class. Counties having a population of twenty-seven thousand and under twenty-seven thousand four hundred shall be- long to and be known as counties of the eleventh class. Counties having a population of twenty-four thousand and under twenty-seven thousand shall belong to and be known as counties of the twelfth class. Counties having a population of twenty-one , thousand and under twenty-four thousand shall belong to and be known as counties of the thirteenth class. Counties having a population of twenty thousand and under twenty-one thousand shall belong to and be known as counties of the fourteenth class. Act 837, J 157 COUNTY GOVERNMENT. 170 Couaties having a population of nineteen thousand five hundred and under twenty thousand shall belong to and be known as counties of the fifteenth class. Counties having a population of nineteen thousand and under nineteen thousand five hundred shall belong to and be known as counties of the sixteenth class. Counties having a population of eighteen thousand five hundred and under nineteen thousand shall belong to and be known as counties of the seventeenth class. Counties having a population of eighteen thousand two hundred and under eighteen thousand five hundred shall belong to and be known as counties of the eighteenth class. Counties having a population of eighteen thousand and under eighteen thousand two hundred shall belong to and be known as counties of the nineteenth class. Counties having a population of seventeen thousand eight hundred and under eighteen thousand shall belong to and be known as counties of the twentieth class. Counties having a population of seventeen thousand five hundred and under seventeen thousand eight hundred shall belong to and be known as counties of the twenty-first class. Counties having a population of seventeen thousand three hundred and under seventeen thousand five hundred and fifty shall belong to and be known as counties of the twen- ty-second class. Counties having a population of seventeen thousand and under seventeen thousand three hundred shall belong to and be known as counties of the twenty-third class. Counties having a population of sixteen thousand seven hundred and fifty and under seventeen thousand shall be- long to and be known as counties of the twenty-fourth class. Counties having a population of sixteen thousand five hundred and under sixteen thousand seven hundred and fifty shall belong to and be known as counties of the twenty- fifth class. Counties having a population of sixteen thousand four hundred and seventy-five and under sixteen thousand five hundred shall belong to and be known as counties of the twi nty-sixth class. Counties having a population of sixteen thousand and under sixteen thousand four hundred and seventy-five shall belong to and be known as counties of the twenty-seventh class. 171 COUNTY GOVERNMENT. Act 837, 5 157 Counties having a population of fifteen thousand seven hundred and fifty and under sixteen thousand shall belong to and be known as counties of the twenty-eighth class. Counties having a population of fifteen thousand and un- der fifteen thousand seven hundred and fifty shall belong to and be known as counties of the twenty-ninth class. Counties having a population of fourteen thousand and under fifteen thousand shall belong to and be known as counties of the thirtieth class. Counties having a population of thirteen thousand and under fourteen thousand shall belong to and be known as counties of the thirty-first class. Counties having a population of twelve thousand and under thirteen thousand shall belong to and be known as counties of the thirty-second class. Counties having a population of eleven thousand one hundred and seventy-five and under twelve thousand one hundred shall belong to and be known as counties of the ttiirty-third class. Counties having a population of eleven thousand one hundred and fifty and under eleven thousand one hundred and seventy-five shall belong to and be known as counties of the thirty-fourth class. Counties having a population of eleven thousand and under eleven thousand one hundred and fifty shall belong to and be known as counties of the thirty-fifth class. Counties having a population of ten thousand and under eleven thousand shall belong to and be known as counties of the thirty-sixth class. Counties having a population of nine thousand seven hundred and fifty and under teu thousand shall belong to and be known as counties of the thirty-seventh class. Counties having a population of nine thousand five hun- dred and under nine thousand seven hundred and fifty shall belong to and be known as counties of the thirty-eighth class. Counties having a population of nine thousand and under nine thousand five hundred shall belong to and be known as counties of the thirty-ninth class. Counties having a population of eight thousand seven hundred and fifty and under nine thousand shall belong to and be known as counties of the fortieth elaas. Counties having a population of eight thousand and un- der eight thousand seven hundred and fifty shall belong to and be known as counties of the forty-first class. Act S37, § 157 COUNTY GOVERMENT. 1TJ Counties having a population of seven thousand and under eight thousand shall belong to and be known as counties of the forty-second class. Counties having a population of six thousand five hun- dred and under seven thousand shall belong to and be known as counties of the forty-third class. Counties having a population of six thousand two hundred and fifty and under six thousand five hundred shall belong to and be known as counties of the forty-fourth class. Counties having a population of six thousand and under six thousand two hundred and fifty shall belong to and be known as counties of the forty-fifth class. Counties having a population of five thousand five hundred and under six thousand shall belong to and be known as coun- ties of the forty-sixth class. Counties having a population of five thousand one hundred and under five thousand five hundred shall belong to and be known as counties of the forty-seventh class. Counties having a population of five thousand and under five thousand oue hundred shall belong to and be known as counties of the forty-eighth class. Counties having a population of four thousaud seven hun- dred and under five thousand shall belong to and be known as counties of the forty-ninth class. Counties having a population of four thousand six hundred and under four thousand seven hundred shall belong to and be known as counties of the fiftieth class. Counties having a population of four thousand five hundred and under four thousand six hundred shall belong to and be known as counties of the fifty-first class. Counties having a population of four thousand three hun- dred and eighty and under four thousand five hundred shall belong to and be known as counties of the fifty-second class. Counties having a population of four thousand two hundred and under four thousand three hundred and eighty shall be- long to and be known as counties of the fiftj'-third class. Counties having a population of four thousand and under four thousand two hundred shall belong to and be known as counties of the fifty-fourth class. Counties having a population of two thousand two hundred and under four thousaud shall belong to and be known as counties of the fifty-fifth class. Counties having a population of two thousand and under two thousand two hundred shall belong to and be known as counties of the fifty- sixth class. 173 COUNTY GOVERNMENT. Act S37, §§ 113, 150 Counties having a population of under two thousand shall belong to and be known as counties of the fifty-seventh class. [Amendment approved March 23, 1901; Stats. 1901, 687; in effect 12 M. on first Monday after January 1, 1903.] Sec. 158. In counties of the first class the officers shall re- ceive, as compensation for the services required of them by law, or by virtue of their office, the salaries and fees fixed by law as compensation; provided, that this shall not be con- strued as adding any additional compensation to any officer; provided, however, that the sheriff shall also be allowed mileage for the service of any paper required by law to be served, at the rate of fifteen cents per mile for one way only, to be paid by the person requiring such service. Sec. 159. In counties of the second class the county and township officers shall receive, as compensation for the services required of them by law the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the follow- ing clerks and deputies, who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and fifty dollars per month; one deputy wno shall be registry clerk at a salary of one hundred and thirty-five dollars per month; one deputy who shall be an assistant registry clerk, at a salary of one hundred dollars per month; one deputy who shall be clerk of the board of super- visors, at a salary of one hundred and twenty-five dollars per month; nine deputies who shall be courtroom clerks, at a sal- ary of one hundred and fifteen dollars each per month; one deputy who shall be judgment clerk, at a salary of one hun- dred and twenty-five dollars per month; one deputy who shall be an assistant judgment clerk, at a salary of one hundred dollars per month ; one deputy who shall be a file clerk, at a salary of one hundred dollars per month; one deputy who shall be an index clerk, at a salary of one hundred dollars per month ; one deputy who shall be in charge of the criminal records, at a salary of one hundred dollars per month; two deputies at a salary of one hundred dollars each per month; one deputy who shall be assistant clerk of the board of supervisors, at a salary of one hundred dollars per month ; one deputy who shall be a stenographer, at a salary of one hundred dollars per month; one deputy who shall be a stenographer for the board of supervisors, at a salary of one hundred dollars per month; one deputy who shall be miscellaneous department clerk, at a salary of one hundred and fifteen dollars per month; one dep- Act S37. § 159 COUNTY GOVERNMENT. 174 xity at a salary of one hundred and fifteen dollars per month; six deputies, at a salary of seventy-five dollars each per month, fur not exceeding one month for any one year. The salaries of the deputies and clerks herein provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby i3 allowed to the sheriff an under sheriff and the following depu- ties and stenographers, who shall be appointed by the sheriff of said county, and shall be paid salaries as follows, to wit: One under sheriff, at a salary of one hundred and fifty dollars per month; one deputy who shall be a bookkeeper, at a salary of one hundred and twenty-live dollars per month; one deputy, who shall be an assistant bookkeeper, at a salary of one hun- dred and ten dollars per month; one deputy at a salary of one hundred and twenty-five dollars per month; ten deputies at a salary of one hundred dollars each per month; nine deputies, who shall be court bailiffs, at a salary of ninety dollars each per month ; five deputies who shall be turnkeys at the county jail, at a salary of ninety dollars each per month; one jail matron, at a salary of fifty, dollars per month; one stenogra- pher, at a salary of seventy-five dollars per month. The sal- aries of the under sheriff, the matron and all deputies and stenographers herein, provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the same fund that the salary of the sheriff is paid. The sheriff shall also receive the amount of money necessarily expended by him in serving all processes and notices, and the same shall be charged against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. In case of sale of property on foreclosure of mort- gage or on execution, the sheriff shall be entitled to receive all necessary expenses of keeping the property and of adver- tising the sale. 3. The recorder, three thousand, six hundred dollars per an- num; provided, that in counties of this class there shall be and there hereby is allowed the recorder the following deputies and copvists, who shall be appointed by the recorder of said county and shall be paid salaries as follows: One chief deputy, at a 'salary of one hundred and fifty dollars per month; two deputies at a salary of one hundred and twenty-live dollars each per month; four deputies, at a salary of one hundred dol- lars each per month; ten deputies, at a salary of ninety dol- lars each per month; and as many copyists as may be re- 175 COUNTY GOVERNMENT. Act 837, 5 158 quired, who shall receive as compensation for their services the sum of seven cents per folio for recording any instrument and notice, except maps or plats,; for copies of any record or paper, seven cents per folio. The salaries and compensa- tion of all deputies and copyists herein provided for shall be paid by the county in monthly installments, at the same time, in the same manner and out of the same fund as the salary of the county recorder is paid, 4. The auditor, three thousand six hundred dollars per an- num; provided, that in counties of this class there shall be and there hereby is allowed to the auditor the following depu- ties, clerks and assistants, who shall be appointed by the au- ditor, and who shall be paid salaries as follows: One chief deputy at a salary of one hundred and fifty dollars per month; one deputy at a salary of one hundred and twenty-five-dollars per month; two deputies, at a salary of one hundred and ten dollars each per month; four deputies, at a salary of one hun- dred dollars each per month ; and forty clerks at a salary of ninety dollars each per month, for not to exceed one month each in any one year; and such additional assistants as the auditor may require, and whose compensation in the aggregate shall not exceed the sum of one thousand two hundred and fifty dollars in any one year. The salaries of the deputies, clerks, and assistants herein provided for shal be paid by the county in monthly installments, at the same time, in the same man- ner and out of the same fund as the salary of the auditor is paid. n. The treasurer, three thousand six hundred dollars per an- num; provided, that in counties of this class there shall be and thereby is allowed to the treasurer the following deputies, who shall be appointed by the treasurer, and who shall be paid salaries as follows: One chief deputy, at a salary of one hun dred and fifty dollars per month; one deputy at a salary of one hundred and fifteen dollars per month; and one deputy at a salary of one hundred dollars per month. The salaries of the deputies herein provided for shall be paid by said county in monthly installments, at the same time, in the Stinc manner and out of the same func as the salary of the treasurer. 6. The tax collector, three thousand six hundred dollars per annum, which shall b^ in full compensation for all services rendered by him; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector the following deputies, stenographers and clerks, who shall be ap- pointed by the tax collector, and who shall be paid salaries as follows: One chief deputy, at a salary of one hundred and fifty dollars per month; one deputy who shall be chief report Act 837, § 159 COUNTY GOVERNMENT. 176 clerk, at a salary of one hundred and fifteen dollars per month; one deputy who shall be report clerk, at a salary of one hun- dred and ten dollars per month; one deputy who shall be cash- ier, at a salary of one hundred anil fifteen dollars per month; one deputy who shall be the general clerk, at a salary of one hundred and fifteen dollars per month ; one deputy who shall be the correspondence clerk, at a salary of one hundred and ten dollars per month; one deputy who shall be a license clerk, at a salary of one hundred dollars per month; and two depu tics who shall be license inspectors, at a salary of ninety dol- cach per month; five clerks, at a salary of ninety dollars each per month; one deputy who shall be bookkeeper, at a salary of one hundred and ten dollars per month; one deputy who shall be sale and redemption clerk, at a alary of one hundred dollars per month ; one stenographer, at a salary of seventy- five dollars per month; four clerks for a period not to exceed six months in any one year, at a salary of ninety dollars each per month; forty-five clerks for a period not to exceed four months in any one year, at a salary of ninety dollars each per month. There is also allowed not to exceed four hundred dol- lars for traveling expenses of said license tax collector each year. The salaries of the deputies, clerks and stenographers herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the tax collector. 7. The district attorney, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the district attorney the following depu- ties and employees, who shall he appointed by the district at- torney of said county, and who shall be paid salaries as fol- lows:" One assistant distriet attorney, at a salary of two hun- ! dollars per month; one chief deputy, at a salary of one hundred and seventy-five dollars per month; six deputies, at a salary of one hundred and fifty dollars each per month; two stenographers, at a Balary of one hundred dollars each per month; one detective, at a salary of one hundred dollars per month, who shall assist the district attorney in the detection of crime and the presecution of criminal cases; provided fur- that nothing herein contained shall be construed to pre- vent the board of supervisors of said counties of this class from employii ■ counsel when, in the judgment of said loard, the interests of said counties require it. The salaries of the assistants, deputies, stenographers, special counsel and detective herein provided for shall be >aid by the county in monthly installments, at the same time, in the same manner 177 COUNTY GOVERNMENT. Act 837, § 15U and out of the same fund as the salary of the district attor- ney. 8. The assessor, three thousand six hundred dollars per an- num, which shall be in full compensation for all services ren- dered by him ; provided, that in counties of this class there shall be and hereby is allowed to the assessor the following dep- uties, clerks, stenographers and copyists, who shall be ap- pointed by the assessor, and who shall be paid salaries as fol- lows: One chief deputy, at a salary of one hundred and fifty dollars per month; two deputies, at a salary of one hundred and fifteen dollars each per month; seven deputies, at a salary of ninety dollars each per month; thirty field deputies for not exceeding tour months in any one year, at a salary of ninety dollars each per month; thirty field deputies for not exceeding two months in any one year, at a salary of one hundred dol- lars each per month; eight field deputies for not exceeding four months in any one year, at a salary of one hundred dol- lars each per month; ten field deputies for not exceeding four months in any one year, at a salary of ninety dollars each per month; nine deputies for not exceeding four months in any one year, at a salary of uinety dollars each per month; five copyists for not exceeding four months in any one year, at a salary of seventy-five dollars each per month; twenty-five copyists for not exceeding three months in any one year, at a salary of seventy-five dollars each per month; eight copyists tor not exceeding seven months in any one year, at a salary of seventy -five dollars each per month; six deputies, who shall be comparers, for not to exceed two months in any one year, at a salary of ninety dollars each per month; two deputies who shall be photographers for not to, exceed eight months in any one year, at a salary of one hundred dollars each per month; one stenographer, at a salary of seventy-five dollars per month; there is also allowed not to exceed five hundred dollars for traveling expenses of the said assessor or his dep- uties each year. The salaries of the deputies, stenographers, clerks and copyists herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner and out of the same fund as the salary of the county assessor is paid. It is further provided, that in counties of this class, the assessor shall receive no commission for his col- lection of taxes on personal property, nor shall such assessor receive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty, as provided by section nineteen hundred and one of the Political Code; pro- Gen. Laws— 12 Act S37. § 159 COUNTY GOVERNMENT. 17S vided, however, that fifteen per cent of all moneys collected by liim for poll taxes anil road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such counties. 9. The coroner, three ti dollars per year, and his actual necessary expenses in traveling outside of the county seat. He must hold inquests as prescribed by chapter two, title twelve, part two of the Penal Code, except that he may, in his discretion, dispense with a jury. The coroner or other officer holding an inquest upon the body of a deceased person may subpoena a physician or surgeon to inspect the body, or chemist to make an analysis of the contents of the stomach or tissues of the body, or hold a post mortem examination of the deceased, and give his professional opinion as to the cause of death. The coroner, in counties of this class, shall be ami is hereby allowed the following assistants: One stenographer, at a salary of two hundred dollars per month, who shall, when directed by the coroner, take down in shorthand the testimony of witnesses at inquests, and under the direction of the coro- ner transcribe the same into longhand, and file a certified copy thereof with the county clerk, and the coroner may also ap- poiut su '. stenographer as his deputy; one clerk, at a salary of one hundred dollars per month, who shall also act as mes- senger, and perform such other duties as the coroner may di- rect. The salaries of the stenographer and clerk herein pro- vided shall be paid by the county in the same manner, at the same time and out of the same fund as the salary of the coro- ner. 10. The public administrator, three thousand dollars per an- num; provided, that in counties of this class there shall be and there is hereby allowed to the public administrator one clerk, at a salary of one hundred dollars per month, and the salary of said clerk shall be paid by the county in the same manner, at the same time and out of the same fund as the sal- ary of the public administrator. 11. The superintendent of schools, three thousand dollars per annum, which shall be in full for all services, including attend- ance upon the board of education, and actual necessary travel- ing expenses not to exceed five dollars for every school district in the county; provided, that in counties of this class, there shall be and there hereby is allowed to the superintendent of schools the following assistants and deputies, who shall be ap- pointed by the superintendent of .schools of said county, and who shall be paid salaries as follows: Due assistant who shall be chief deputy, at a salary of one hundred and fifty dollars per month; one deputy, at a salary of one hundred and fifteen ITS COUNTY GOVERNMENT. Act 837, § 159 dollars per month; one deputy, at a salary of one hundred dollars per month;* and one deputy, at a salary of ninety dollars per month. The salaries of the assistants and deputies herein provided for shall be paid by the county at the same time, in the same manner and out of the same fund as the sal- ary of the superintendent of school. 12. The health officer, one thousand two hundred dollars per annum, and special health officers, when appointed as in this act provided, ten dollars each per day ; provided, that not more than five hundred dollars per annum shall be paid or expended in any one year in payment of special health officers. The sal- ary of the health officer and special health officers shall be paid by the county in the same manner and at the same time as the salaries of other county officers are paid. 12y 2 . Each member of the county board of education, ex cept the secretary thereof, five dollars for each session of the board attended, not exceeding a total of four hundred dollars to any one member in one year. In addition, each member shall be entitled to mileage at the rate of ten cents per mile, for one way only, while attending the r gular sessions. Said compensation of the members of the board of education shall be payable monthly and out of the same funds, and in the same manner as the salary of the county superintendent of schools is paid. Said compensation shall be in full payment for all services rendered. 13. The surveyor, three thousand six hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed in the field; provided, that in counties of this class there shall be and there hereby is al- lowed to the surveyor one chief deputy, and ten deputies who shall be draughtsmen, and who shall be appointed by the sur- veyor of said county and shall be paid salaries as follows: One chief deputy, at a salary of one hundred and seventy-five dol- lars per month; five draughtsmen, at a salary of one hun- dred and twenty-five dollars each per month; four draughts- men, at a salary of one hundred dollars each per month; one draughtsman, at a salary of eighty dollars per mouth. The salaries of said surveyor and said deputies and draughtsmen herein provided for shall be paid by said county in monthly installments at the same time and in the same manner as the deputies of other county officers are paid. 14. Supervisors, one thousand eight hundred dollars per an- num, together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties, either as road commissioners or supervisors, not exceeding in the aggregate seven hundred and fifty dollars Act 837, § 189 COUNTY GOVERNMENT. 18C each per annum, They shall also receive their necessary ex- penses when attending meetings of he state board of equali- zation; and pi urther, that there shall be and hereby is allowed to the boafd of supervisors the following- clerks: One clerk, at a salary of ninety dollars per month; one clerk, at a salary of one hundred and ten dollars per month; one clerk at a salary of one hundred dollars per month; one clerk, who superintendent of charities, at a salary of one hundred : month; two clerks, who shall be assistants to the superintendent of charities, at a salary of seventy-five doll;; r mouth; fourteen clerks for not exceeding thirty days in ai;y one year, at a -alary of four dollars each per flay, to assist said board while sitting as board of equalization; and in addition to the clerks hereinbefore provided for, in years when thi ilection is held within the state, there shall be and hereby is allowed to said hoard of supervisors fifteen clerks tor not to exceed fifteen days in such years, at a corn- dollars each per day. Such clerks shall be appointed by the hoard of supervisors and shall be paid by .-aid county in the same manner,, at the same time and out of the same fund as other clerks of the county officers are paid; and .still further provided, that from and after the first Mon- day after the first day of January in the year one thousand nine hundred and nine, supervisors in counties now of this class shall receive as compensation for the services required of them by law, a salary of two thousand four bundrd each per annum, together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the dis- charge of their duties, either as road commissioners or super - \isors, not exceeding in the aggregate seven hundred and fifty dollars each per annum, and they shall also receive their neces- e\pen.ses when attending meetings of the state board of equalization. 15. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that no justice of the peace shall receive more than one thousand five hundred dollars per annum, which may be paid in monthly installments of not exceeding one hundred and twenty-five dollars per month, for all servic 1 by him in criminal cases, or in actions or proceedings to which the people of the State of California are or may be parties; and no claim of any such justice of the pear - 'if aaid sun id' one thousand five hundred dol- lars per annum, or the installments thereof as aforesaid, shall In' allowed or paid; but all fines and fees collected by every such justice on the a on -aid shall belong to and be the property of the county in which such justice exercises his 1S1 COUNTY GOVERNMENT. Act 83?, $ 159 jurisdiction. And each of such justices shall report, under oath, on the first Monday of each month, to the board of su- pervisors of such county, tlie amount of all fines and fees col- lected by him, on the account aforesaid, during the preceding month, and shall, on. said date, deposit with the county treas- urer, to the credit of the county, all such fines and fees as may be shown 'by said report to have been collected by him. He shall also transmit the treasurer's receipt for said payment to said board, with the said report; provided further, that the boards of supervisors of such counties may, in townships hav- ing a population of more than thirty-five thousand, provide such justices, or any of them, with an office and the necessary furniture and supplies for the justice's court; and provided further, that the boards of supervisors in said counties and in townships having more than thirty-five thousand inhabitants, shall, upon the recommendation of the township justice or jus- tices, appoint a clerk for each of the justice's court, which clerks shall each hold office for the term of two years from and after appointment, and shall receive a salary of om hundred dollars per month each, payable in like manner, at like times and out of the same fund as county officers are paid by the county; said clerks shall each take and file an oath of office in like manner as county officers, and after be- ing appointed and qualifying as hereinbefore prescribed, shall have power to administer and certify oaths to affida- vits, and all papers, documents, or instruments used in or in connection with the actions and proceedings of such justice's court. Such ckrks shall perform such other clerical ser- vices as may be required of them by the justice or justices. 16. Constables, such fees as are now or may hereafter be allowed by law; provided, that no constable shall receive more than one thousand two hundred dollars per annum, which may be paid in monthly installments of not exceeding one hundred dollars per month, for all services rendered by him in all crim- inal cases or in actions or proceedings ',o which the people of the State of California are, or may be, made parties; and all fees collected by such constable on account of services ren- dered in criminal cases or proceedings, .o which the people of the State of California are parties', shall belong to and be the property of the county in which said constable has been elected or appointed; provided further, that the constable shall be al- lowed the actual fare and expenses incurred in transporting prisoners to the county jail; and provided further, that in counties of this class and in townships having more than thirty- five thousand inhabitants, there shall be, and there is hereby allowed to such constable, one deputy who shall be appointed by the constable, and shall receive a sal- Act 837, § 160 COUNTT GOVERNMENT. Wi ary of seventy-five dollars per month, payable in like manner and nt like times, and out of the same fund as the county of- ficers, are paid by the county; said deputy shall take and file an oath of office in like manner as county officers. Each con- stable shall report under oath on the first Monday of each month to the hoard of supervisors of such county, the amount of all fees collected by him for all services rendered in all criminal cases, or in actions or proceedings to which the peo- ple of the State of I aJifornia are, or may be, made parties, during the preceding month, and shall, on said date, deposit with the county treasurer to the credit of the county all such tecs as may be shown by said report to have been collected by him on account of the aforesaid. He shall also transmit the treasurer's receipt for said payment to said board with said report. [Amendment approved March 20, 1905; Stats. 1905, p. 511. In effect immediately.] Sec. 160. In counties of the third class the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries: 1. The couLty clerk, four thousand ($4,000.00) dollars per annum; provided, that in counties of this diss there shall be and there hereby is allowed to the county clerk one chief dep- uty, whose salary is hereby fixed at the sum of eighteen hun- dred ($1>;00.00) dollars per annum; five courtroom deputies, whose salaries are hereby fixed at the sum of fifteen hundred ($1500.00) dollars per annum each; one deputy, whose salary is hereby fixed at the sum of fifteen hundred ($1500.00) dol- lars per annum; four deputies, whose salaries are hereby fixed at the sum of twelve hundred ($1200.00) dollars per annum each; and one copyist, whose salary is hereby fixed at the sum of twelve hundred ($1200) dollars per annum; the chief dep- uty, ten deputies, and one copyist herein provided for shall be appointed by the clerk of said county, and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of county clerk; provided further, that in such years as the compilation of a great register of voters is required by law to be made, the county clerk, in counties of this cla-s. shall be and he is hereby allowed the following ad- ditional help: One clerk for a period of and not exceeding six months, whose salary is hereby fixed at one hundred and twenty-five ($125.00) dollars per month; four clerks, for a period of and not exceeding four months, whose salaries are hereby fixed at one hundred ($100.00) dollars each per month. Such "clerks shall be appointed by the county clerk of such counties aud during their respective periods of employment W COUNTY GOVERNMENT. Act S37. § M their salaries shall be paid by such county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such counties. 2. The sheriff, four thousand ($4,000) dollars per annum; provided, that there shall be and hereby is allowed to the sher- iff one under sheriff, whose salary is hereby fixed at the sum of two thousand four hundred ($2,400) dollars per annum; one bookkeeper, whose salary is hereby fixed at the sum ol eighteen hundred ($1800) dollars per annum; one chief jailer, whose salary is hereby fixed at the sum of fifteen hundred ($1500) dollars per annum; two assistant jailers, whose sal- aries are hereby fixed at the sum of twelve hundred ($1200; per annum each; five bailiffs, whose salaries are hereby fixed at the sum of twelve hundred ($1200) dollars per annum each; one office deputy, whose salary is hereby fixed at the sum of twelve hundred ($1200) dollars per annum; one matron for the jail, whose salary is hereby fixed at the sum of six hundred ($600) dollars per annum; and one stenographer, whose salary is hereby fixed a'c the sum of six hundred ($600) dollars per annum; the under sheriff, bookkeeper, chief jailer, office deputies, assistant jaile»s> bailiffs, matron for jail, and stenographer, herein provided for shall be appointed by the sheriff; and their salaries shall be paid by said county In equal monthly installments, at the same time and in the same manner and out of the same fuud as the salary of the sheriff; provided, that in counties of this class the sheriff shall be allowed no compensation or profit for feeding prisoners in the county jail, but that ho phall file, monthly, with the county auditor, a verified statement, showing the names of persons and amounts paid to e&ch for expense of feeding such prisoners, and the sheriff shali thereupon pay over to the county treasurer, for the use <>f the county, any difference between the amount allowed for such purpose by the super- visors and the amount actually expended by him therefor. The sheriff shall also receive the amount of money necessarily expended by him in serving all process and notices and all expenses necessarily incurred by him in the pursuit of crim- inals within his county, and the same shall be a charge against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. 3. The recorder, four thousand ($4000) dollars per annum; provided, that in counties of this class there shall be and there thereby is allowed to the recorder the following depu- ties and copyists, who shall be appointed by the recorder in such county, and shall be paid salaries and compensations Act 837, §160 COfNTY GoVE];XMEXT. 18-1 as follows: One chief deputy, at a salary of eighteen hun- dred ($1800) dollars per annum; one index deputy, whose salary is hereby fixed at fifteen hundred ($1500) dollars per annum; three deputies, whose salaries are hereby ~ed at twelve hundred ($1200) dollars per annum each; and one mortgage deputy, whose salary is hereby fixed at twelve hun- dred ($1200) dollars per annum; provided furtlter, that the chief deputy, index deputy, three deputies, and one mortgage deputy herein provided for shall be appointed by the recorder ot said county, and their salaries shall be paid >/ said county in equal monthly installments, at the ame time and in the sane manner and out of the same fund as the salary of the ■r; provided further, that in counties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office, not exceeding eight cents per folio for each paper or document irded; and provided further, that said recorder shall file monthly, with the county auditor, a verified statement, show- ing in detail the persons and the amounts paid to each for such recording. 4. The auditor, thirty-six hundred dollars per annum; pro- vided, that in counties of this class there shall be and hereby is allowed to the auditor one chief deputy, who shall be ap- pointed by the auditor of said county, and whose' salary is hereby fixed at the sum of eighteen hundred dollars per an- num ; one deputy, who shall be appointed by the auditor of such county, and whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum, and such additional assistance as the auditor may appoint, and whose compensation shall not in the aggregate exceed the sum of one thousand dollars per annum; and provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid, and the persons to whom said compensation is paid, for such extra assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly install- ments, at the same time and in the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and hereby is allowed to the treasurer one chief deputy, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, and one deputy, whose salary is hereby fixed at the sum of twelve hundred dollars per annum, which sum shall be paid by said county in equal monthly install- 185 COUNTY GOVERNMENT. Act 837, 5 160 vnents, at the same time, and in the same manner, and out of the same fund as the salary of the treasurer; provided, that the chief deputy and the deputy herein provided for, shall be appointed by the treasurer of such county. 6. The tax collector, three thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one chief dep- uty, whose salary is hereby fixed at the sum of eighteen hun- dred dollars per annum, three deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars each per annum, and one stenographer whose salary is hereby fixed at the sum of six hundred ($600) dollars per annum; pro- vided further, that there shall be and there hereby is allowed to the tax collector not to exceed two extra deputies for the month of April of each year, whose salaries shall be one hundred dollars for such month, and three extra deputies tor fcJLs month of July of each year, whose salaries shall be one hundred dollars each for such month, and five extra depu- ties for the month of August of each year, whose salaries shall be one hundred dollars each for such month, and six extra deputies for the month of September of each year, whose salaries shall be one hundred dollars each for such month, and seven extra deputies for the month of October of each year, whose salaries shall be one hundred dollars each for such month, and not to exceed twelve extra deputies for the month of November of each year, whose salaries shall be one hundred dollars each for such mouth; provided further, that the chief deputy, the stenographer, and all other deputies herein provided for, shall be appointed by the tax collector of said county, and the salaries of said chief deputy and all other deputies herein provided for shall be paid by said county, during the time which thej shall hold office, as herein pro- vided, at the same time and in the same manner and out of the same fund as the salary of the ^ax collector. 7. The license collector shall receive fifteen per cent of all licenses collected by him. 8. The assessor, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the assessor the following deputies, who shall be appointed by the assessor and shall be paid salaries as follows: One chief deputy assessor, at twenty-four hundred dollars per annum; one depi 90T, at fifteen hundred dollars per annum; one mortgage deputy assessor, at twelve hundred dollars per annum; one transfer deputy assessor, at twelve hundred dollars per annum; seven outside field deputy assessors, at one hundred and twenty-five dollars each per Act 837, § 160 COUNTY GOVERNMENT. 188 month not exceeding six months in any one year; one sten- ographer, at six hundred dollars per annum ; six field deputy -ftis. for not exceeding four months in any one year, at one hundred dollars each per month; one cashier, for not :, seven months in any one year, at a salary of one hundred and twenty-five dollars per month; eight copyists, for not exceeding four months in any one year, at a salary of one hun'dred dollars each per month: nve extra deputy as- rs, for not exceeding four months in any one year, at a galary of ore hundred dollars each per month, and such addi- al assistance as the assessor may appoint and whose com- pensation shall not in the aggregate exceed the sum of forty- five hundred dollars per annum; and provided, that the as- sessor shall file with the county auditor a verified statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistance, as afore- said. The salaries herein provided for shall be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary ^f the assessor is paid; it is hereby farther provided, that in aunties of this class the assessor shall receive commissions for his collections of taxes on personal property, and such ssor shall receive compensation or commission for the collection of poll taxes or road poll taxes, but the said as- sessor shall not receive compensation for making out the mil- itary roll of persons returned by him as subject to military duty as provided by section nineti en hundred and one of the 1'olitical Code; provided, however, that should the assessor be directed by any law, or by any order of the board of supervisors, or by any municipality within said counties of the third class, to prepare maps, plats or block books for the use of the county, or assessment rolls for the use of any municipality, then said assessor shall make such maps, plats, or block books, or assessment rolls, but shall only receive the actual cost by him incurred in making or preparing such maps, plats or block books or ass* ssment rolls; and pro- vide . that, be shall file>with the county auditor a sworn statement showing the persons to whom, and the amounts paid to each, for such maps, plats or block books, or assessnu nt rolls, and be shall account forthwith and pay over to the county any difference between such cost and the amount allowed him for such work. 9. The district attorney, four thousand dollars per annum; providi 1. that in counties of this class there shall be and then is allowed to the district attorney one chief deputy district attorney, whose salary is hereby fixed at two thousand dollars per annum; three deputy district attorneys, 187 COUNTY GOVTiRNMENT. Act 837, § 160 whose salaries are hereby fixed at fifteen hundred dollars per annum each; and one clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; provided fur- ther, that the chief deputy district attorney, and three deputy district attorneys, and clerk shall be appointed by the dis- trict attorney and their salaries shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the district attorney; provided further, that in counties of this class there shall be and there hereby is allowd to the district attorney a stenographer whose salary is hereby fixed at the sum of nine hundred dollars per annum; and for the purpose of assisting the district attorney in • the detection of crime and the prosecution of criminal cases and iu civil actions and proceedings and all matters in which the county is interested, there is allowed to the district attorney a detective, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; provided further, that the stenographer and detec- tive shall be appointed by the district attorney, and their salaries shall be paid by said county in equal monthly in- stallments, at the same time and in the same manner, and out of the same fund as the salary of the district attorney; provided further, that the provisions of this subdivision of this section of this act with reference to the stenographer shall be in force and effect on and after twelve o 'clock meridian of the first Monday in January, nineteen hundred and seven; provided further, that the provisions of this sub- division of this section of this ac"t witn reference to the de- tective shall be in force and effect from and after its pas- sage. 10. The coroner, such fees as are now or may hereafter be allowed by law; provided, that the coroner shall be paid by such counties in the same manner and out of the same fund as such fees are now paid, the sum of two dollars for each certificate of the cause of death made by him. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The county superintendent of schools, three thousand dollars per annum; provided, that in counties of this class, there shall be and hereby is allowed to the county superin- tendent of schools, one assistant superintendent of schools, anil one deputy, who shall be appointed by the county su- perintendent of schools of said county and whose salaries shall be as follows: The salary of the assistant shall be one hundred dollars per mouth, that of the deputy shall lie one hundred dollars per month. The salaries shall be paid out Act S37, § 160 COUNTY GOVERNMENT. 188 of the same fund and in the same manner as the salary of the county .superintendent of schools is paid. 13. The surveyor shall receive ten dollars per day for all work performed for the county, and iu addition thereto all necessary expenses and transportation for work performed in the field; provided, that whenever the surveyor is directed or charged to make, plat, trace, or otherwise prepare maps, plats, or block books for the use of the county, city and county, or any municipality within such county, then such county surveyor shall only be allowed, in addition to the actual cost and expense of making, platting, tracing, or otherwise preparing such maps, plats, or block books, a com- pensation to be determined by the board of supervisors, not exceeding the sum of ten dollars per day while he is actually so employed; and provided further, that such county surveyor shall file with the county auditor a sworn statement, showing in detail the amounts so paiiL, and the persons to whom such amounts have been so paid for such expense as aforesaid. 14. Juitices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than nineteen thousand two hundred S y-five dollars; in townships having a population of fifteen thousand and less than nineteen thousand, one hundred and fifteen dollars; in townships having a population of one thousand and less than fifteen thousand, seventy-five dollars. In addition to the com- pensation received in criminal cases each justice of the peace may receive and retain for his own use such fees as are dow or may hereafter be allowed by law for all services performed by him in civil actions; provided, that in townships containing a population of more than fcw< nty-iive thousand th< re shall be but one justice in and for such townships. Each justice of the peace must keep a book, open for the inspection of the public, during office hours, in which must be entered at once and in detail the amount of all fines collected by him in criminal cases, and on the first Monday of each and every month he must pay such fines so collected into the county treasury, or city treasury, as provided by law. 15. Constables shall receive the following monthly salaries, to be j.aid each month, and in the same manner and oi the same fund as other county officers are paid, which shall be in full for all services rendered by them in criminal In townships having a population of more than twt nty five thousand, one hundred and fifty dollars; in townships having m COUNTY GOVERNMENT. Act 837, § 1*1 a population of more than nineteen thousand and less than twenty-five thousand, ninety dollars; in townships having a population of fifteen thousand and less than nineteen thou- sand, eighty dollars; in townships having a population of one thousand and less than fifteen thousand, eighty-five dollars; provided, that in townships having a population of fifteen thousand and less than nineteen thousand there shall be but one constable. In addition to the compensation received in criminal cases each constable may receive and retain for his own use such fees as are now or may lur. iftiv be allowed by law for all services performed by him in civil cases ; pro- vided, that in counties of this class constables shall be and they are hereby allowed such expenses as are actually and necessarily incurred by them in conveying prisoners to and from the county jail; such expenses to be itemized and pre- sented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the manner as are other claims. 16. Each supervisor, one hundred and twenty-five dollars per month, and mileage at ten cents per mile for each mile actually traveled in going to and from their res'dence to the county seat, or in the performance of the duties required q£ them by law or by virtue of their office; provided, that in at- tending sessions of the board only four mileages shall be al- lowed for each month, and that the total mileage allowed shall not exc-^d one hundred dollars in any one month. [Amend- ment approved March 22, 1905; Stats/ 1905, p. 746. Tn effect partly on the first Monday of January, 1907, and partly in sixty days.] Sec. 161. In counties of the fourth class the county offi- cers shall receive as compensation for the services rtqunvd of them by law or by virtue of their office, the following salaries to wit: 1. The county- clerk, nine thousand dollars per annum. 2. The sheriff, nine thousand five hundred and twenty dollars per annum; provided, that he shall receive as addi- tional compensation the mileage collected by him in crim- inal cases and all expenses incurred in criminal cases, and also his mileage for service of papers or process issued by any court of this state, and all fees for service of papt rt or process in actions arising outside of his county, and the said sheriff may appoint a matron for the county jail of his county, which office of matron for the county jail is hereby created, and who shall reee4v« as compensation the sum of seventy-five dollars per month, payable at the same Act 837, § 161 COUNTY GOVERNMENT. 1W time, and in the same manner as the salaries of other county officers. 3. The recorder, eight thousand dollars per annum; and the said recorder may appoint one chief deputy, which said office of chief deputy recorder is hereby created, who shall hold said office of chief deputy recorder for a period of four years from and after his appointment, and who shall re- ceive as compensation the sum of twelve hundred dollars per annum, payable at the same time and in the same man- ner as the salaries of other county officers. 4. The auditor, four thousand dollars per annum. 5. The treasurer, four thousand dollars per annum. 6. The tax collector, seven thousand dollars per annum. 7. The license collector, who shall be appointed by the board of supervisors, whose term of office shall be for the period of four years, five per cent upon the whole amount of licenses collected by him. 8. The assessor, eight thousand seven hundred dollars per annum, and the said assessor may appoint one chief deputy assessor, and one draughtsman for the assessor, which said officers of chief deputy assessor and draughtsman for the assessor are hereby created, who shall hold said offices of chief deputy assessor and draughtsman for the assessor, respectively, for the period of four years from and after their several appointments, and who shall receive as com- pensation the sum of twelve hundred dollars each, per an- num, payable at the same time and in the same manner as the salaries of other county officers. And the assessor may also appoint each year two temporary deputies, who shall serve as such during the months of March, April, May, and June, of the year for which they are appointed, which said offices of temporary deputy assessors are hereby created, who shall receive as compensation the sum of eighty dol- lars each, per month, during the four months which they shall serve as such deputies, payable at the same time and in the same manner as the salaries of other county offi- cers. 9. The district attorney, three thousand two hundred dol- lars per annum; and the said district attorney may appoint one assistant district attorney and one eleputy district at- torney, which said offices of assistant district attorney and deputy district attorney are hereby created. The salary or such assistant elistrict attorney is hereby fixed at eighteen hundred dollars per annum, and the salary of such deputy 191 COUNTY GOVERNMENT. Act 837, § 161 district attorney is hereby fixed at twelve hundred dollars per annum, such salaries to be paid at the same time and in the same manner as the salaries of other count}'- officers. 10. The coroner, such fees as are now or may hereafter be allowed by law. 11. The public administrator, such fees as are now or may hereafter be allowed by law. 12. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county; and the said superintendent of schools may appoint one assistant superintendent of schools, which office of assistant superintendent of schools is hereby cre- ated, who shall receive as compensation the sum of nine hundred dollars per annum; and said surveyor may appoint in the same manner as the salaries of other county offi- cers. 13. The county surveyor, the sum of two thousand four hundred doJlars per annum; and said surveyor may appoint one assistant surveyor, which said office of assistant sur- veyor is hereby created, who shall receive as compensa- tion the sum of twelve hundred dollars per annum, pay- able at the same time and in the same manner as the sal- aries of other county officers. All fees now, or which may hereafter be, allowed by law, and which shall be earned by the county surveyor in the official discharge of his duties, shall be paid into the county treasury for the benefit of the county, accompanied with a sworn and itemized state- ment of such fees earned, on or before the first Monday of each month. 14. In counties of this class, justices of the peace shall receive the following salaries for all services rendered by them in criminal cases, payable monthly, in the same man- ner as the salaries of county officers are paid, viz: lu town- ships having a population of twenty thousand or more, one hundred and fifty dollars per month; in townships hav- ing a population of four thousand and less than twenty thousand, one hundred and thirty-five dollars per month; in townships having a population of fifteen hundred and less than four thousand, sixty-five dollars per month; in townships having a population of one thousand and less than fifteen hundred, fifty dollars per month; in all town- ships having a population less than one thousand, thirty dollars per month; provided, that in townships having a population of twenty thousand or more, there shall be Vet 837, § 161 COT NTY GOVERNMENT. 102 two justices of the peace in amd for any such, township?, and such justices shall be allowed a clerk, to be appointed by the board of supervisors at a salary of seventy-five dol- lars per month, payable monthly in the same manner as salaries of county offic< re are paid, and shall be furnished with offices and necessary supplies by the board of super- visors. All fees collected by justices of the peace in crim- inal eases, shall be by them monthly paid into the county treasury, accompanied by a sworn and itemized stateim at showing the amount of such fees, and all fees for civil cases collected by justices of townships with a 1< ss popula- tion than five thousand inhabitants, shall likewise be paid into the county treasury. 15. Constables shall receive the following salaries for all services rendered by them in criminal caw s, payable monthly, in the same mann< r as salaries of county of]; are paid, viz: In townships having a population of twenty thousand or more, one hundred dollars pes month; in town- ships having a population of four thousand and less than twenty thousand, seventy-five dollars per month; in town- ships having a population of fifteen hundred and less than four thousand, sixty dollars per mouth; in townships hav- ing a population of less than fifteen hundred forty dol- lars per month. They shall be allowed all necessary ex- penses incurred in conveying prisoners, and such fees as are now or may be hereafter allowed in eivil eases ex- cepting constables in townships having a population of less than five thousand inhabitants who shall not receive any fees. 16. Each supervisor, one thousand two hundred dollars per annum, and mileage at ten cents per mile for each mile actually traveled in going to and from tin ir resi- dence to the county seat, or in performance of the duties required of them by law or by virtue of their office; pro- vided, that in attending sessions of the board only four mileages shall be allowed for each month, and that the total mileage allowed shall not exceed erne hundred dol- lars in any one month; and in counties of this class the members of the board of supervisors shall be ex-ollicio road commissioners, and as such road ceiinmissioner shall be paid the sum of five hundred dollars per annum each. [Amendment approved March Id, l!»u:<; fc>tats. 1JHJ3, p. His, in effect immediate 1}\] Sec. 162. Tn counties of the fifth class the county officers shall reeeive as compensation for the services re- 193 COUNTY GOVERNMENT. Act 837, § 163 quired of them by law, or by virtue of their office; the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum. He shall appoint one chief deputy, at a salary of eighteen hundred dollars per annum; two additional deputies at a salary of twelve hundred dollars each per annum, and three courtroom clerks at a salary of one thousand five hundred dollars each per annum, and a deputy or deputies not to exceed five for the purpose of registering electors, to be paid not to exceed four dollars per diem each, provided that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state and then only between the first day of June and the fifteenth day of November of said year; and such deputies as 'may be needed for the pur- pose of registering electors in precincts outside of the cor- porate limits of the city of Sacramento in said county, who shall be paid fifteen cents per name for each person legally registered by them. The salaries and compensation of each of said deputies and clerks to be paid out of the county treasury in equal mon ly ins aliments in the same man- ner and at the same time as other county officials are paid. 2. The sheriff shall receive three thousand six hundred dollars per annum salary. The sheriff sLall also receive for his own use the fees for mileage which are now, or which may hereafter, be allowed by law, and the fees and com- missions for the service of all papers whatsoever issued by any court of the state outside of this county, and shall also receive his necessary expenses in all criminal cases. The sheriff shall also be paid twelve and one-half cents per meal each for all meals furnished prisoners confined in the county jail. The sheriff shall have one under-sheriff at a salary of one thousand five hundred dollars per annum, two jailers at a salary of twelve hundred dollars per annum each, and three court bailiffs, or deputies, at a salary of twelve hun- dred dollars per annum each. All deputies herein mentioned shall be appointed by the sheriff, and paid at we same time and manner that their principal is paid. 3. The recorder, three thousand dollars per annum. The recorder may appoint one chief deputy at a salary of fifteen hundred dollars per annum; one mortgage clerk, at a salary of twelve hundred dollars per annum; one index clerk, at a salary of twelve hundred dollars per annum. Said re- corder may also appoint such copyists, not to exceed three, Gen. Laws — 13 Act 837, § 162 COUNTY GOVERNMENT. 194 as may be required for the recording of all papers, notices or documents in his office, who shall receive as compensa- tion for their services, the sum of twelve hundred dollars each per annum. The salaries and compensation of all depu- ties and copyists herein provided for, each of wnom shall be a deputy county recorder, shall be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county recorder is paid. 4. The auditor, three thousand dollars per annum; provided, that in counties of this class there shall be, and is, hereby allowed to the auditor one deputy, who shall be appointed by the auditor of said county and whose salary is hereby fixed at fifteen hundred dollars per annum, and such addi- tional assistants as the auditor may require, and whose compensation shall not exceed the sum of five hundred dol- lars per annum, in the aggregate, for all assistants so em- ployed, and provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid and the persons to whom such compensation has been paid for such additional assistance as aforesaid. The salaries herein provided for shall be paid by the said county in equal monthly installments, at the same time, and iu the same manner, and out of the same fund as the salary of the auditor. 5. The treasurer, three thousand four hundred dollars per annum. 6. The tax collector, two thousand five hundred dollars per annum; provided that he shall have such assistants as he may require, whose compensation, which shall be paid by the county, shall not exceed the sum of five hundred dollars per annum in the aggregate. 7. The license collector, one thousand eight hundred dol- lars per annum. 8. The assessor, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be, and there is, hereby allowed to the assessor, the follow- ing deputies, who shall be appointed by the assessor, and shall be paid salaries as follows: — One chief deputy asses- sor, at eighteen hundred dollars per annum; one office deputy assessor, at fifteen hundred dollars per annum; oue mortgage and transfer deputy assessor, at nine hundred dollars per annum; four field deputy assessors, for not ex- ceeding four months in any one year, at a salary of one 195 COUNTY GOVERNMENT. Act 837, § 16J hundred and twenty-five dollars each per month; eight field deputy assessors for not exceeding four months in any one year, at a salary of one hundred dollars per month each; and such additional assistance as the assessor may require, and whose compensation shall not in the aggregate exceed the sum of six hundred dollars per annum; and provided, that the assessor shall file with the county auditor a veri- fied statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistance, as aforesaid. The salaries of the chief deputy assessor, office deputy assessor, mortgage and transfer deputy assessor and field deputy assessors herein provided for shall be paid by the said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. It is hereby further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any com- pensation or commission for the collection of poll-taxes or road poll-taxes. 9. The district attorney, three thousand six hundred dol- lars per annum. In counties of this class, the district at- torney may appoint an assistant district attorney, which office is hereby created, who shall receive as compensation for his services the sum of two thousand four hundred dol- lars per annum, to be paid out of the county treasury in equal monthly installments in the same manner, and at the same time other county officials are paid. In counties of this class the district attorney may appoint a deputy district attorney, which office is hereby created, who shall receive as compensation for his services the sum of one thousand eight hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner, and at the same time otin r county offi are paid. In counties of this class, the district attorney may appoint a clerk for service in his office, which office of clerk to the district attorney is hereby ereated, and said clerk shall receive as compensation for his services the sum of one thousand two hundred dollars per annum, to be paid out of the county treasury in equal monthly installments in the same manner and at the same time other county offi- cials are paid. 10. The coroner, such fees as are now on may be here- after allowed by law; provided, the coroner or other officer holding an inquest upon the body of a decease d person, may Act 837, § 162 COUNTY GOVERNMENT 19C subpoena a chemist to make an analysis of the contents of the stomach or the tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem exam- ination of the deceased, and give a professional opinion as to the cause of death; and shall cause the testimony of all the witnesses at such inquest tc be reduced to writing under his directions and may require one of the official reporters to act as clerk, or stenographer for such purpose, and in case any of such reporters should refuse or be unable to attend, may employ a stenographer for that purpose at the same compensation allowed to stenographers of the superior court of the county, such amount to be deducted from the salary of the official reporter in default. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting schools of his county, not exceeding three hundred dollars per annum; and the said superintendent of schools may ap- point one assistant superintendent of schools, which office of assistant superintendent of schools is hereby created, who shall receive as compensation the sum of one thousand two hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers are paid. Each member of the board of education shall re- ceive five dollars per day as compensation for his -ervices when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secre- tary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of the said board and of said secretary shall be paid out of the same fund as the salary of the superintendent. of schools. Claims of such service and mileage shall be presented to the board of supervisors and shall be allowed, at the rate above named, and in the manner as other claims against the county are allowed. The compensation of members of the county board of education herein provided is not iu addition to that provided in section seventeen hundred and seventy of the Political Code. 13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed on the field; provided, 18t COUNTY GOVERNMENT. Act S37, § 162 that in counties of this class, whenever the board of super- visors shall order, or the assessor may require, assessor's map or block books, then the surveyor shall receive, in addi- tion to the salary hereinabove noted, the sum of nine hun- dred dollars for the preparation and completion of the said map or block books. 14. Justices of the peace, such fees as are or may be hereafter allowed by law, except that the justices of the peace in townships containing twenty thousand or mor° in- habitants shall be allowed a salary of one hundred dollar? per month each in lieu of all fe^s in criminal cases; pro- vided, however] that justices of the peace in townships contiguous to municipalities containing twenty-five thou- sand or moTP inhabitants, or in which a state nenal institu- tion is located, shall be allowed a salarv of seventy-five dollars per month each in lieu of all fees in criminal cases; the salarv of the jns*-iees of the r>eaee as above provided, to be paid at the same time, and in the same manner as county officers are paid. 15. Constables, such fees as are now or may be hereafter allowed by law, except that the constables in townships • containing twenty thousand or more inhabitants shall he allowed a salary of one hundred dollars per month each; in lieu of all foes in criminal cases ; ^ provided, however, that constables in townships contiguous ' to municipalities con- taining twenty-five thousand or more inhabitants, or in which a state penal institution is located, shall be allowed a salary of seventy-fin dollars per month each, and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail, in lieu of all fees in criminal cases, provided however that constables in townships not contiguous to municipalities containing twenty-five thousand or more inhabitants and constables in townships in whieh a state penal institution is not located shall receive in addi- tion to the fees now provided by law three dollars peT diem for each day in actual attendance on the court in criminal cases and fifteen cents per mile for every mile actually traveled in faking prisoners to the county jail. The salary of the constables as above provided to be paid at the same time and in the same manner as county officers are paid. 16. Each supervisor, one hundred and twenty-five dollars per month, and ten cents per mile for traveling to and from the county seat; provided, mileage shall not be allowed oftener than once in each month. Act 837, § 163 COUNTY GOVERNMENT. 198 17. From and after the first Monday in January, nineteen hundred and three, the offices of recorder and auditor shall be separate and shall not be consolidated by the board of supervisors. 18. For attending as a juror in the superior court, for each day's nttendance, per day, three dollars. For each mile actually traveled in attending court as a juror, in going only, per mile, twenty-five cents. [Amendment approved March 20, 1905; Stats. 1905, p. 477. In effect in sixty days.] Sec. 163. In counties of the sixth class the county of- i.eers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, five thousand nine hundred dollars per annum ; provided, that he shall appoint one chief deputy, at a salary of twelve hundred dollars per annum, two court- room deputies, at salary of nine hundred dollars per au- num each, and one deputy at a salary of nine hundred dol- lars per annum. The salaries of said four deputies shall be paid by said county clerk out of said five thousand nine hundred dollars compensation above named. 2. The sheriff, sixty-two hundred dollars per annum; pro- vided, that he shall appoint one under-sheriff, at a salary of fifteen hundred dollars per annum, and three deputy sher- iffs, at a salary of nine hundred dollars per annum each. The salary of said under-sheriff and deputies shall be paid by said sheriff out of said sixty-two hundred dollars com- pensation above named. The sheriff shall also receive, as compensation for traveling, to be computed in all cases from the court-house, to serve any summons and complaint, or any other process by which an action or proceeding is com- menced, notice, rule order, subpoena, attachment on prop- erty, to levy an execution, post notice of sale, to sell prop- erty under execution or other order of sale, to execute an order for the delivery of personal property, writ of pos- session or restitution, to hold inquest or trial of right of property, in executing writ of habeas corpus, or collecting taxes, twenty cents for each mile, one way only, to be com- puted over the nearest and most practicable route, between the court-house and the place of service; provided, that if any two or more papers be required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most distant points 109 COUNTY GOVERNMENT. Act S37, § 163 to complete such service, which distance shall, in all cases, be estimated by the nearest practicable route. 3. The recorder, five thousand six hundred dollars per annum; provided, that the recorder shall appoint four copy- ists at a salary of nine hundred dollars per annum, each; which salary of said four copyists shall be paid by said recorder out of said sum of five thousand six hundred dol- lars compensation above named; and provided, further, that said copyists being eligible may be appointed deputies of said recorder without further compensation. 4. The auditor, two thousand four hundred dollars per anu am ; provided, that the expenses incurred in making ex- tensions of assessment and tax rolls shall be paid out of said sum of two thousand four hundred dollars compensa- tion above mentioned. 5. The treasurer, two thousand dollars per annum, and such fees as are now or may hereafter be allowed by law. 6. The tax collector, three thousand dollars per annum, and such fees as are now or may be hereafter allowed him by law for the collection of all county licenses; provided, that the tax collector shall appoint as many deputies as may be necessary, all of which deputies' salaries shall be paid out of the compensation above named. 7. The assessor, four thousand two hundred dollars per annum; provided, that the assessor shall appoint one chief deputy, at a salary of twelve hundred dollars per annum. and as many deputy assessors as may be necessary, all of which deputies' salaries shall be paid by the said' assessor out of said four thousand two hundred dollars compensa-; tion above mentioned. 8. The district attorney, two thousand four hundred dol- lars per annum, and one assistant district attorney, at a salary of fifteen hundred dollars per annum, to be paid at the same time and in the same manner as county officers are paid; said assistant district attorney allowed in lieu of the assistant district attorney allowed by virtue of sub- division thirty-six of section twenty-five of an act entitled "An act to establish a uniform system of county and town- ship governments," approved March twenty-fourth, eigh- teen hundred and ninety-three. 9. The coroner, such fees as are now or may be hereafter allowed by law. Act S3T, § 1C3 COUNTY GOVERNMENT. U00 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county; provided, said superintendent of schools may appoint ;i deputy at a salary of nine hundred dollars per annum, payable at same time and in same man- ner as salaries of other county officers are paid. 12. The surveyor shall receive one thousand eight hundred dollars per annum for all work performed for the county, and iu addition thereto all necessary and actual traveling expenses incurred in connection with field work, and all fees allowed by law; provided, that out of the compensa- tion hereinabove provided he shall pay the cost of plotting, tracing or otherwise preparing maps, plats or block books, and shall procure the necessary data therefor, for use of the county assessor; provided further, that the fees for land surveys, except when done for the county, shall be ten dol lars per day, or fraction thereof, and in addition thereto all necessary and actual traveling expenses. He shall appoint a deputy .'it a salary of nine hundred dollars per annum, pay- able at the same time and in the same manner as county ollicers are paid. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 1 1. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, f or all ser- vices required of them by law, or by virtue of their office, except as road eommissom vs. shall be allowed six dollars per day, and thirty cents per mil.' in traveling from their place of residence to the courthouse; provided, that only one mileage must be allowed at each term; and provided further, that no supervisor must be allowed more than one day's pay for any one .lay, by reason of his being on the commit- ters appointed by the board of supervisors, or for any other cause; provided.' that in no case shall the per diem of the supervisors, as supervisors, exceed eight hundred dollars each iu one year. Each supervisor shall receive for his ser- vices as road commissioner, thirty cents per mile, onr way, for all distances actually traveled by him in the perform- ance of his duties; provided, that he shall not in any one yea*, receive more than four hundred dollars as such road commissioner. [Amendment approved March 20, 1905; 201 COUNTY GOVERNMENT. Act S37, § 1G4 Stats. 1905, p. 504. In effect on the first Monday after the first day of January, 1907.] Sec. 164. In counties of the seventh class the county officers shall receive as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk two thousand four hundred dollars ($2400) per annum. He shall have one deputy at a salary of thirteen hundred eighty dollars ($13S0) per annum; one deputy at a salary of twelve hundred dollars ($1200), and three deputies at salaries of ten hundred and twenty dollars ($1020) per annum each, and one at a salary of seven hun- dred and twenty dollars ($720) per annum. 2. The sheriff fifty-four hundred dollars ($5400) per annum and all fees for service of processes issued without his county. He shall have an under-sheriff whose annual salary shall be thirteen hundred eighty dollars ($13S0), two dep- uties whose annual salaries shall be twelve hundred ($1200) each, one deputy whose salary shall be eleven hundred and forty dollars per annum and three deputies whose annual salaries shall be ten hundred and twenty dollars ($1020) each. 3. The recorder twenty-one hundred dollars ($2100) per annum. He shall have one deputy whose annual salary shall be thirteen hundred eighty dollars ($1380), and two depu- ties whose annual salaries shall be ten hundred and tweuty dollars ($1020) each, and one deputy for a period of four months at seventy-five dollars ($75) per month, he shall have such copyists as are necessary to perform the duties of the office at a compensation not to exceed 6 cents per folio. 4. The auditor twenty-one hundred ($2100) dollars per annum, and one deputy at an annual salary of thirteen hun- dred eighty dollars ($1380) and one clerk at an annual sal- ary of ten hundred and twenty dollars ($1020). •5. The treasurer twenty-five hundred dollars ($2500) per annum. He shall have a deputy at a salary of thirteen hun- dred eighty dollars ($1380) per annum. 8, The tax collector twenty-one hundred dollars ($2100) per annum. He shall have one deputy who shall receive thirteen hundred eighty dollars ($1380) per annum, and three deputies at au annual salary of ten hundred and twenty dollars ($1020) each. No other fees or compensation other than the compensation provided for in this section shall be allowed the tax collector for the collection of license, and Act 837, § 164 COUNTY GOVERNMENT. 20'J all license or other fees collected shall be paid into the county treasury monthly, rendering therewith a statement of the license or other fees collected. He shall be allowed actual traveling expenses in the collection of said license fees, the same to be audited by the board of supervisors and paid the same as other bills against the county are paid. 7. The assessor shall receive three thousand dollars ($3000) per annum, for all services rendered as assessor. He shall have one deputy at an annual salary of thirteen hundred eighty dollars ($1380) and ten deputies for three months whose per diem shall be four dollars ($4) each when actu- ally employed, and four deputies for four months whose per diem shall be four dollars ($4.00) each when actually employed. He shall have four copyists for a period of four months each, at fifty dollars ($50.00) per month each during such time. All sums collected by the assessor or his depu- ties either as personal property taxes, poll or road taxes, or the fees allowed by law for the making of the military roll shall be paid into the county treasury monthly as collected, with a statement of account of such collections. 8. The district attorney three thousand dollars ($3000) per annum. He shall have one deputy at a salary of eigh- teen hundred dollars ($1S00) per annum, and one deputy at a salary of twelve hundred dollars ($1200) per annum. He shall also have a stenographer at an annual salary of nine hundred dollars ($900). 9. The coroner such fees as are now or may hereafter be allowed by law. 10. The public administrator such fees as are now or may hereafter be allowed by law. 11. The superintendent of school twenty-one hundred dol lars ($2100) per annum for all services rendered as such. He shall have one deputy at an annual salary of twelve hundred dollars ($1200). The superintendent shall also be allowed actual traveling expenses when visiting the schools of his county. 12. The surveyor two thousand dollars ($2000) per annum in full compensation for all services as county surveyor as road viewer and road inspector and his actual expenses when at work in the field. He shall have one deputy at an an- nual salary of nine hundred and sixty dollars ($960). 13. (a) The registered population of the several judicial townships of this county is hereby determined to be the reg- istered vote as shown by the great register of the county in BD3 COUNTY GOVERNMENT. Act 837, § 1C4 the office of the county clerk. The salaries of the several township officers shall be determined by the registered vot- ing population as shown by said register at the general elec- tion of the preceding even numbered year, and are as fol- lows, to wit: Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh Judicial Townsh p No. p No. p No. p No. p No. p No. p No. p No. p No. p No. 1 275 (Firebaugh) . 2 621 (Clovis) 3 561 S (Fresno) 4 S22 (Fowler) 5 827 (Sclma) 6 542 (Coalinga) 7 953 (Sanger) 8 512 (Eeedley) 9 283 (Kingsburg) 10 466 (Letcher) p No. 11 67 (Lemoore) p No. 12 73 (Polasky) p No. 13 322 (Laton) (6) For the purpose of regulating the compensation of justices of the peace and persons performing the duties of justice of the peace, and constables, townships of this class of counties are hereby classified according to the registered voting population as shown by the great register of the county. Townships having a registered voting population of 5000 and more shall belong to and be known as townships of the first class; townships having a like population of 1000 and less than 5000 shall belong to and be known as townships of the second class; townships having a like population of 800 and less than 1000 shall belong to and be known as town- ships of the third class; townships having a like population of 500 and less than 800 shall belong to and be known as townships of the fourth class; townships having a like popu- lation of 250 and less than 500 shall belong to and be known as townships of the fifth class; townships having a like pop- ulation of 250 and less shall belong to and be known as townships of the sixth class. (c) Justices of the peace and persons, performing duties of justices of the peace shall receive the following monthly salaries to be paid each month as the county officers are paid, and the same shall be in full compensation for all ser- vices rendered in criminal cases, and shall include their office rent, to wit: Act 837, § 164 COUNTY GOVERNMENT. 204 'lips of the first class one hundred and seventy- five dollars. lips of the second class one hundred dollars. In townships of the third class eighty dollars. In townships of the fourth class sixty dollars. In townships of the fifth class, forty dollars. In townships of the sixth class twenty dollars. • In addition to the monthly salaries herein allowed each justice of the peace may receive and retain for his own use, such fees as are now or may lure after be allowed by law for all services rendered by him in civil actions. Each justice of the peace must pay into the county treasury once a month, all fines collected by him. 11. Constables shall receive the following monthly sal- aries, to be paid each month as the county officers are paid, ami shall be in full compensation for all services rendered by them in criminal cases, to wit: in townships of the first class, one hundred dollars. In townships of the second class, ninety dollars. In townships of the third class, eighty dollars. In townships of the fourth class, sixty dollars. In townships of the fifth class, forty dollars. In townships of the sixth class, twenty dollars. In addition to the monthly salaries herein allowed each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all ser- vices rendered by him in civil action; and shall be also al- lowed all necessary expenses actually incurred in arresting and conveying prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury ; provided further that when any con- stable is required to go out o£ his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed mileage in going and returning outside of his own county at tne rate of five cents per mile. 15. The Supervisors shall receive each the sum of fifteen hundred dollars per annum, paid monthly in installments of one hundred and twenty-five dollars per month, in full com- pensation for all services rendi red cither as supervisors or road overseers. 16. Jurors' fees in criminal cases shall be as follows: Fit attending as a grand juror or a trial juror in the superior court, in criminal cases only, for each day's attendance, per elay three dollars, for each mile actually traveled in attend- ing court as such juror under summons or under order of MS COUNTY GOVERNMENT. Act S3?, 5 165 court, in criminal cases, in going only, per mile, fifteen cents and the county clerk shall certify to the auditor the number of days attendance and Dumber of miles traveled by each juror, and the auditor shall then draw his warrant therefor .> in session. Said compensation of the members of sal I board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims of such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claim-; against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred and seventy of the Political Code. 13. The surveyor, one thousand five hundred dollars per annum, and in addition thereto all necessary expenses, in- curred in performing county work, ordered by the board or supervisors. 14. The justices of the peace, the following monthly salaries, to be paid each month as salaries of other county officers are paid, which shall be in full for all services ren- dered by them in criminal cases: In townships having a population of six thousand and over, ninety dollars per month. In townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars per month. In townships having a population of one thousand five hundred and less than two thousand four hundred, sixty dollars per month. KctSU, §167 COUNTY GOVERNMENT. 214 In townships having a population of eight hundred and less than one thousand five hundred, fifty dollars per month. In townships having a population of five hundred and less than eight hundred, twenty dollars per month. In townships having a population less than five hundred, ten dollars per month. In addition to the above salaries, each justice of the peace shall collect for his own use in civil cases such fees as are now or may hereafter be allowed by law. 15. Constables, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of five thousand and more, eighty-five dollars per month; in townships having a population of two thousand five hundred and less thau five thousand, sixty-five dollars per month; in townships hav- ing a population of fifteen hundred and less than two thou- sand five hundred, sixty dollars per month; in townships having a population of eight hundred and less than fifteen hundred, fifty dollars per month; in townships having q population of five hundred and less than eight hundred, twenty dollars per month; in townships having a population less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. The population of townships shall, for the purpose of this section, be determined by the last preceding United States census, and in case townships are formed after the taking of the census, then the population shall be determined by multiplying the vote for governor cast in such township, at the last preceding election, by four. 16. The supervisors each the sum of one hundred and twenty-five dollars per month as supervisors and road com- missioners, and actual traveling expenses not to exceed five hundred dollars in any one year; vouchers for said travtl ing expenses shall be filed with the proper officer. 17. The official reporter of each department of the su- perior court shall be and he is hereby constituted a county officer and shall receive, as full compensation for taking notes in civil and criminal cases tried in said courts, a salary of one thousand eight hundred dollars per annum, 215 COUNTY GOVERNMENT. Act 837, § Is payable in equal monthly installments, out of the county treasury, at the same time and in the same manner as the salaries of other county officers; he shall without further compensation act as the secretary of the judge of such de- partment of the superior court; and for transcription of said notes, when required, they shall receive the sum of twenty cents per folio for the original and five cents per folio for a copy, and also actual traveling expenses, when reporting outside of the county seat. Said compensation for transcribing in criminal cases, preliminary examina- tions, and inquests, and traveling expenses, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party or jointly by both parties as the court may direct. [Amended March 20, 1905; Stats. 1905, p. 424. In effect in sixty days.] Sec. 168. In counties of the eleventh class, the county and township officers shall receive, as compensation for the services required by them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand six hundred dollars per annum; and there shall be, and there hereby is allowed to the county clerk, two deputies who shall be appointed by the county clerk and shall each be paid a salary of twelve hundred dollars per annum. 2. The sheriff shall receive five thousand dollars per an- num; and there shall be and there hereby is allowed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dol- lars per annum. 3. The recorder, two thousand five hundred dollars per annum, and there shall be and there is hereby allowed to the county recorder two deputies who shall be appointed by the recorder and shall be paid a salary of seven hun- dred and fifty dollars per annum each. 4. The auditor shall receive two thousand seven hundred dollars per annum. 5. The treasurer shall receive two thousand four hundred dollars per annum. 6. The tax collector shall receive two thousand eight hun- dred dollars per annum. Act 8P.7, § 1CS COUNTY GOVE11NMKNT Rfi 7. The license collector shall receive ten per cent of all licenses collected by him. 8. The assessor shall receive four thousand five hundrt ■<( dollars per annum. He may employ such assistance as may In accessary in making maps, plats and drawings, essential for use in the assessor's office in the performance of his duty and the expense thereof shall be a charge against tin county. '.). The district attorney shall receive two thousand four hundred dollars per annum; and there is hereby allowed to the district attorney one deputy to be appointed by hiii who shall receive a salary of one thousand dollars per an- num. LO. The coroner, shall receive such fees, as are now, >r may hen after be allowed by law. 11. The public administrator shall receive such fees as are now, or may hereafter be allowed by law. 1:2. The superintendent of schools, two thousand dollars per annum; and there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the superintendent of schools, and shall be paid a salary of seven hundred and fifty dollars per an- num. 13. The surveyor shall receive two thousand dollars per annum; and necessary traveling expenses while in the per- formance of the duties of his office. 14. Each supervisors nine hundred dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of seven hundred and fifty dollars. 15. The official shorthand reporter shall receive two thou- sand dollars per annum for the department of the superior court to which he has been appointed. Whenever one re- porter shall be appointed to, and shall perform the duties required of the official shorthand reporter, for more than one department of said superior court he shall receive a salary therefor of two thousand five hundred dollars p>r annum. In addition thereto, he shall receive for transcrib- ing notes, the sum of ten cents per folio, for the original, and five cents per folio for all copies thereof. Subdivision fifteen hereof, relating to the salaries and fees of official shorthand reporters, shall take effect immediately. 217 COUNTY GOVERNMENT Act 837, § 168 16. In townships having a population of seven thousand or over, two justices of the peace shall be elected, and each shall receive a salary of fifty dollars per month. In townships having a population less than seven thousand and over four thousand there shall be but one justice of the peace elected and he shall receive a salary of thirty dollars per month. In all other townships there shall be but one justice of the peace who shall receive a salary of twenty dollars per month. All justices in counties of this class shall, in addition to the salaries above provided for, receive and collect for their own use and benefit, in civil cases only, the following fees, to wit: 1. Each justice of the peace shall be allowed, in civil ac- tions for all services before trial or entry of judgment, by default or confession, two dollars, and for all additional ser- vices in such action, including execution and satisfaction of judgment, two dollars. 2. For the trial of civil actions and all proceedings sub- sequent thereto, three dollars. 3. For certificate and transmitting papers and transcript on appeal, one dollar. 4. For copies of papers on docket per folio, ten cents. 5. For issuing a search warrant, the fee to be paid by the party demanding the same, one dollar. 6. For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars. 7. For taking an acknowledgment of an instrument, for the first name fifty cents, and for each additional name twenty- five cents. 8. For administering an oath, and certifying the same, fifty cents. 9. For issuing a commission to take testimony, one dollar. 10. For all services connected with the posting of estrays, one dollar. 11. For issuing each affidavit, certificate process writ, order, or paper required by law to be issued, not otherwise herein provided for, twenty-five cents. 13. For taking bail in all proceedings, pending before an- other magistrate, fifty cents. 14. In townships having a population of seven thousand or over two constables shall be elected and each shall re- ceive a salary of forty dollars per month. In townships hav- ing a population less than seven and ovei four thousand, tin re shall be but one constable elected, and ne shall receive a sal- Act 837, § 168 COUNTY GOVERNMENT. 218 niy of twenty-five dollars per month. In all other townships there shall be but one constable who shall receive twenty dol- lars per month. All constables in addition to the salaries above provided for, shall receive and collect, for their own use and benefit, in civil cases only, the following fees, to wit: 1. For serving summons and complaint, for each defendant served, fifty cents. 2. For each copy of summons made by him, twenty-five cents. 3. For levying wr;t of attachment or execution, or execut- ing an order of arrest, in a civil case or for delivery of per- sonal propert} r , two dollars. 4. For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars. 5. For keeping personal property, such sum as the court may order; but no more than two dollars fifty cents per day, for a keeper, when necessarily employed. 6. For taking a bond or undertaking, one dollar. 7. For copies of writs or other papers, except summons, com- plaints, and subpoenas, per folio, fifteen cents; provided, that when correct copies are furnished him for use, no charges shall be made for such copies. 8. For serving any writ, notice or order, except sum- mons, complaint, or subpoena, for each person served, fifty cents. 9. For writing and posting each notice of sale of prop- erty, fifty cents. 10. For furnishing notice of publication, twenty-five cents. 11. For serving subpoenas, each witness including copy, fifty cents. 12. For collecting money on execution two and one-half per ceut. 13. For executing and delivering certificate of sale, fifty 14. For executing and delivering constable's deed, two dol- lars and fifty cents. 15. For each mile actually traveled within his county, in the service of any civil writ, order, or paper, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed. 16. For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going to and re- turning from the place of arrest, fifteen cents; and the ac- tual cost of the transportation of the prisoner or prisoners ■1\5 COUNTY GOVERNMENT. Act 837, § ltia from the place of arrest to the justice court, and the neces- sary expense of assistance; provided, that for traveling in performance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged. 17. For each mile necessarily traveled outside his county in executing a warrant of arrest, both in going to and re- turning from the place of arrest, fifteen cents. 18. For transporting prisoners to the county jail, from the justice's court or from the county jail to the justice's court, the actual cost of transportation and assurance, and mileage at twenty-five cents per mile, one way. In conveying two or more prisoners, but one milegage shall be charged. 19. For each day in which the constable is charged with the custody of a prisoner or prisoners, two dollars fifty cents, and for necessary expense of maintenance and assistance in keeping said prisoners. 20. For summoning a jury in a civil case, twenty-five cents for each of the persons so summoned, and mileage at the rate of twenty-five cents per mile, going only. 21. For attending court during the trial of a civil cause, per day, three dollars. 22. For making sales of estrays in civil cases, the same fees as for sales on execution. 23. For serving writ of possession or restitution, putting a person in possession of the premises, and removing the occu- pants therefrom three dollars per day, and mileage at twenty- five cents per mile, going only. 24. The mileage provided for herein shall be computed for the shortest practicable traveled route between the two points for which mileage is claimed. 17. All salaries provided for in this act shall be paid out of the treasury of the county in monthly installments, and all fees shall be paid from the county treasury as other bills against the county are paid. See. 2. All acts and parts of acts in conflict with this act are hereby repealed. [Amendment approved March 20, 1905; Stats. 1905, p. 524. In effect in part immediately and in part in sixty days.] Section 169. In counties of the twelfth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a great register of voters is ordered he shall receive five hundred dollars additional, which shall be in full for all ser- Act 837, § 16& COUNTY GOVERNMENT. 22C vices rendered in registering voters and making the great t or. 2. The sheriff, fonr thousand five hundred dollars per an- num, and the fees or commissions for the service of all papers whatsoever issued by any court outside of his county. He shall appoint a jailer to take charge of the brauch county jail, at a salary of six hundred dollars per annum, to be paid by the county. ;;. The recorder, twenty-two hundred and fifty dollars per annum. 4. The auditor, eighteen hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. (i. The tax collector, (fifteen hundred) three thousand dol lars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, five hundred dollars per an- num. 11. The superintendent of schools, fifteen hundred dollars pel annum, and his actual traveling expenses while visiting schools. 12. The surveyor shall receive seven dollars per diem for each da\ actually employed in the performance of his duties as a county officer, and in addition thereto all necessary ex penses, such as transportation and pay of help which may be necessary for the performance of county duties. 13. Justices of the peace, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of six thousand or more, one hundred dollars per month; in town ships having a population of two thousaud four hundred and less than six thousand, seventy-five dollars; in town- ships having a population of two thousand and less than two thousand four hundred, sixty-five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in townships having a population of one thousand and less than one thousand five hundred, thirty dollars; in townships having a popula- tion of eight hundred and less than one thousand, twenty ffifiB COUNTY GOVERNMENT. Act 837, § 1«0 dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population of less than five hundred, ten dollars. Kach justice must pay into the county treasury once a month, all fines collected by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as now or hereafter may be allowed by law for all services performed by him in civil actions. 14. Constables, the following salaries which shall be paid monthly as salaries of county officers are paid, and which shall be in full for all services rendered by them in criminal cases, to wit: In townships having a population of two thousand one hundred and more, one hundred dollars; in townships having a population of one thousand five hundred and less than two thousand five hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a population of eight hundred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population less than five hundred, ten dollars. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or hereafter may be allowed by law for all services performed by him in ciyil actions. For the purposes of this act the basis of calculation for fixing the compensation of the justices and constables above men- tioned, the population of the different townships of the county shall always be based upon the figures as shown by the last United States census; provided, however, that when- ever the census of any township or townships shall have been taken under the provisions of this act, said census may become the basis of calculation. 15. Each member of the board of supervisors, six hundred dollars for all services rendered and including mileage; provided, that when required to go on business to any point outside of said county they shall be allowed actual neces- sary expenses. 16. The official court reporter for all services required of him in the superior court, excepting for transcribing his notes, a salary of one thousand five hundred dollars p< r annum, to be paid by the county monthly as the salaries Act 837, § 170 COlNTY GOVERNMENT. 226d than four thousand five hundred and more than two thousand five hundred shall belong to and be known a* township* of the third class; townships containing a population of less tin n two thousand five hundred and more than one thousand, shall belong to and be known as townships of the fourth class; townships containing a population of less than one thousand and more than eight hundred shall belong to and be known as townships of the fifth class; townships contain- ing a population of less than eight hundred shall belong to and be known as townships of the sixth class. The popula- tion of the several judicial townships shall be determined for the purpose of this and the succeeding section, by multiply- ing by five the total vote cast in such townships for governor at the last general election held November fourth, ninete< n hundred and two, as indicated by the official election re- turns of said election. 15. Justices of the peace shall receive the following tees and salaries, which shall be paid monthly in the same man- ner as the salaries of the county officers are paid, out of the general fund of the county, which shall be in full I services rendered by them in criminal cases; provided, how- ever, that if two justices of the peace shall be elected and qualify in any one township, then the said justices shall each receive one half of the salary therein provided for, to wit: In townships of the first class, seventy-five dollars per month; in townships of the second class, fifty dollars per month; in townships of the third class, twenty -five dollars per month;, in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in townships of the sixth class, such fees as are now or may hereafter be allowed by law. Each justice must pay into the county treasurer once a month all fines collected by him. In addition to the monthly salaries herein allowed, each justice may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for services rendered by him in civil cases; justices of the peace of the first and second classes shad be allowed their actual office rent, not to exceed the sum of fifteen dollars each, for any one month. Constables shall receive the following fees and salaries which shall be paid monthly in the same mania r as the sal- aries of the county officers are paid out of the general fund of the county, and which shall be in full for all services ren- dered by them in criminal cases, to wit: 221 COUNTY GOVERNMENT. Act 837, § 170 In townships of the first class, thirty dollars per month; in townships of the second class, thirty dollars per month; in townships of the third class, twenty dollars per month; in townships of the fourth class, fifteen dollars per month; in townships of the fifth class, five dollars per month; in town- ships of the sixth class, such fees as are now or may here- after be allowed by law; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his own township, for the service of a warrant of arrest or any other process in a criminal case (where such service is in fact made) both going and returning ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or other service of process, five cents per mile; for transporting prisoners to the county jail, a constable shall be allowed his actual expenses each way. In addition to the monthly salary al- lowed him herein, each constable shall receive for his own use, in civil cases, the fees which are now or may hereafter be allowed by law. The compensations herein provided for justices of the peace and constables shall take effect and be in force on and after the first Monday in April, nineteen hundred and three. 16. The official reporter of the superior court shall receive the fees allowed by law. 17. The compensation allowed each officer above enumer- ated shall be in full for all services, and include the pay of all deputies (except in the case of the district attor- ney wh rein one deputy is provided for within the discretion of the board of supervisors) except as provided in section two hundred and fifteen of the county government act, ap- proved eighteen hundred and ninety-seven, wherein it pro- vides certain fees and commissions for the assessor and li- cense collector. Sec. 2. All acts and parts of acts inconsistent with this act in so far as they are inconsistent are hereby repealed. Sec. 3. This act shall take effect and be in force from the first Monday in January, A. D. 1907, unless herein other- wise provided. [Amended March 20, 1905; Stats, ^jo, p. 017. J Act 837, § 171 COT-NTT GOVERNMENT. 222 Sec. 171. In counties of the fourteenth class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries and fees, to wit: 1. The county clerk, two thousand seven hundred dollars per annum. In counties of this class there shall be and there is hereby allowed to the county clerk for his own use and to be paid out of the county treasury monthly in the same manner as salaries of ether county officers are paid, the sum of five cents for the name of each defendant entered in the index labeled "general index-defendants" as provided in subdivision four of section four thousand two hundred four of the Political Code and in subdivision four of sections one hundred seven of an act entitled "An act to establish a uni- form system of county and township governments" ap- proved April first, one thousand eight hundred ninety-seven, as amended March twenty-third, one thousand nine hundred one; and the further sum of five cents for each document recorded by said county clerk under the provisions of section one thousand three hundred eighty-seven of the Code of Civil Procedure; and the further sum of five cents for each name contained in the index of registration books, to be prepared by said clerk, under the provisions of section one thousand one hundred fifteen of the Political Code of the State of Cali- fornia. 2. The sheriff, four thousand dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage for service of any papers issued by any court outside of his county. 3. The recorder, two thousand one hundred dollars per annum. 4. The auditor, two thousand two hundred dollars per an- num. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector and license collector, two thousand two hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8. The district attorney, two thousand seven hundred dol- lars per annum, and his traveling, office and other expenses 223 COUNTY GOVERNMENT. Act 837. § 171 in criminal matters and eases, and in civil actions, proceed- ings and all other matters in which the county is interested incurred by him in the performance of his duties; and all the expenses incurred by him in the detection of crime and prosecution of criminal cases and in civil actions and pro- ceedings and all other matters in which the county is in- terested. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools two thousand one hun- dred dollars per annum and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. The justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Each member of the board of supervisors, six hundred dollars per annum and ten cents per mile mileage in travel- ing to and from his residence to the co .nty seat; and for his services as road commissioner he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties within the county; provided he shall not in any one year receive more than six hundred dollars as such road commissioner. 15. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto they shall receive three dollars per day for attending court when required to do so during the &■ ^ial trial of the issues o± fact of a case, or during the examination of a criminal charge before a magistrate while the evidence is being taken and not other- wise; provided, that no more than three dollars shall be charged or received for any one day, and provided further that when the constable is required to attend upon the trial of more than one civil case on the same day his fees for at- tendance shall be equally apportioned to the several cases. Constables may also, by first obtaining an order o- cue dis- trict attorney of this c unty, or of a superior judge of this state, employ a temporary guard for the safekeeping or Act 887, 5 172 COUNTY GOVERNMENT. 324 (ion of prisoners when necessary, and shall be entitled to collect the actual, reasonable cost thereof as a county i-harge. Sec. 2. All acts and parts of acts inconsistent with this arc hereby repealed. [Amendment approved March 21, L905; Stats. 1905, p. 670. In effect in sixty days.] Sec. 172. In counties of the fifteenth class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, thirty-two hundred and fifty dollars per annum. 2. The sheriff, four thousand dollars per annum; and such mile age as is now allowed by law and also all fees for service of papers in actions arising outside of his couuty. 3. The recorder, fifteen hundred dollars per annum, and four and one-half cents per folio for every instrument of any character transcribed by him or his deputies, which said amount shalll be paid out of the county treasury, and which payment shall be in full for all services, including indexing. 4. The auditor, two thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The superior judge, three thousand five hundred dol- lars per annum. 8. The assessor, thir'y-five hundred dollars per annua!: provided, that in counties of this class there shall be seven field deputy assessors, w' shall be appointed by the as of said county, and who shall hold office from twelve o'clock meridian from the first Monday in March of each year up to twelve o'clock meridian of the first Monday of July of each year; the salaries of each of said seven deputy asses- sors herein provided for is fixed at the sum of one hundred dollars per month, to include horse hire and travel ii penses for each month during which they hold office as here- in provided, which said salaries shall be paid by said county at the same time and iw the same manner and out of the 225 COUNTY GOVERNMENT. Act 837, § 172 same fund as the salary of the assessor; provided, that all commissioners shall be paid into the county treasury. 9. The district attorney, twenty-five hundred dollars per .innum. 10. The coroner, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The superintendent of schools, twenty-two hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of the county, and keep his office open on all business days. 13. The surveyor, eight dollars per day while actually employed by the county. 14. Justices of the peace shall receive the following month- ly salaries, to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases in townships having a population of more than eight thousand, seventy-five dollars per month; in townships hav- ing a population of less than eight thousand and more than five thousand, fifty dollars per month; in townships having a population of less than five thousand and more than two thousand, twenty-five dollars per month; in townships hav- ing a population of less than two thousand, ten dollars per month. In addition to the compensation received in crimi- nal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Constables shall receive the following monthly sala- ries to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases, in townships having a population of more than eight thou- sand, seventy-five dollars per month; in townships having d population of less than eight thousand and more than fiv^ thousand, fifty dollars per month; in townships having a Gen. Laws — 15 Act S37, § 173 COUNTY GOVERNMENT. 22G population of less than five thousand and more than two thousand, twenty-five dollars per month; in townships haviig a population of less than two thousand, ten dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil action. 16. Supervisors, five hundred dollars each per annum, and TTiileage at the rate of ten cents per mile in going to and coming from the place of meeting of the board, not more than four board meetings per month; and as road commis- sioner, four dollars per day, not to exceed four hundred dol- lars per year in the aggregate. 17. For the purposes of subdivisions 14 and 15 of this sec- tion, the population of the several judicial townships shall be ascertained by the board of supervisors by multiplying by five the vote for presidential electors cast in each town- ship at the next preceding election. [Amendment approved March 20, 1905; Stats. 1905, p. 430. In effect in sixty days.] Sec. 173. In counties of the sixteenth class the county and township officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum. Th-j sheriff shall also receive, in all civil cases, for his own use and benefit, the fees, commissions and- mileage, which are now or which may hereafter be allowed by law, and the fees or commissions for the service of all papers whatsoever is- sued by any court of the state outside of his county. 3. The recorder, twenty-nine hundred dollars per annum. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. 6. The tax collector, fifteen hundred dollars per annum. ;_7 COUNTY GOVERNMENT. Act 837, § 173 7. The assessor, four thousand dollars per annum. 8. The district attorney, eighteen hundred dollars per an- num; provided, that he shall have power to appoint one as- sistant district attorney at a salary of one thousand dollars per annum, payable in the same manner as that of other county officers. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, eighteen hundred per annum, and actual traveling expenses when visiting the schools of his county, but he shall receive no extra compen- sation for his services on the board of education. 12. The surveyor shall receive one thousand three hundred dollars per annum for all work performed for the county and )a addition thereto actual traveling and other necessary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace or otherwise prepare maps, plats, be allowed only the actual cost of preparing the same. 13. The justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and all other criminal matters: In townships having a population of five thousand or more, sixty-five dollars per month; in townships having a population of twenty-five hundred and less than five thou- sand, fifty dollars per month; in townships having a popula- tion of fifteen hundred and less than tweaty-five hundred, forty dollars per month; in townships having a population of one thousand and less than fifteen hundred, thirty dollars per month; in townships having a population of seven hun- dred and less than one thbusand, twenty dollars per month; in townships having a population less than seven hundred, fifteen dollars per month. Each justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary allowed herein, each jus- Act S.37, § 173 COUNTY GOVERNMENT. 22S tice may receive for his own use such fees as are now, or may be hereafter allowed by law for all services performed by him in civil actions. There shall be one justice of the peace for each of said townships and no more. 14. Constables shall receive the following salaries, to be paid eacli mouth as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and all other criminal matters: In townships having a population of five thousand or more, fifty dollars per month; in townships having a population of twenty-five hundred and less than five thousand, forty dollars per month; in townships having a population of fifteen hundn "• and less than twenty-five hundred, thirty dollars- per month; iu townships having a population of one thousand and less than fifteen hundred, twenty-five dollars per month; in townships having a population of seven hundred and less than one thousand, twenty dollars per month; in townships having a population less than seven hundred, fifteen dollars per month; provided, that in addition to the salary herein al- lowed, each constable shall be paid out of the treasury i 1 -" the county for traveling expenses outside of his own town- ship, for the service of a warrant of arrest, or any other process in a criminal case or other criminal matter (when such service is, in fact, made) both going and returning, ttn cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest or othc service of process, five cents per mile; for transporting pris- oners to the county jail, ten cents a mile each way. In ad- dition to the monthly salary allowed him herein each con- stable may receive for his own use in civil cases the fees which are now or may hereafter be allowed by law. 15. The supervisors, each the sum of five dollars per day for actual service, (but not to exceed six hundred dollars per annum), and twenty cents per mile for all distance actually traveled, not to exceed trwo hundred dollars p( >s annum, in the performance of duties' as road commissioner, together with mileage at the rate of twenty cents per mile, in going only, from place of residence to the county seat, at each session of the board. ;• 3 COUNTY GOVERNMENT. Act 837, § Hi 16. For the purposes of subdivisions thirteen and fourteen of this section, the population of the several judicial town- ships shall be ascertained and determined by the board of supervisors, by multiplying by five the vote for presidential electors cast in each township at the next preceding elec- tion. [Amendment approved March 20, 1905; Stats. 1905, p. 485. In effect January 1, 1907.] Sec. 174. In counties of the seventeenth class the county officers shall receive as compensation for the s< r- viccs required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twenty-five hundred dollars per an- num; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the follow- ing deputies, who shall be appointed by the county clerk and shall be paid salaries as follows: One chief deputy, at a salary of one hundred dollars per month; one courtroom «1( rk, at a salary of one hundred dollars per month. The salaries of the chief deputy anel courtroom clerk herein provided for shall be paid by said county in monthly in- stallments, at the same time and in the same manner ami out of the same fund as the salary of the county clerk is paid. 2. The sheriff, six thousand dollars per annum. 3. The recorder, twenty-eight hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a deputy, who shall be ap- pointed by the said recorder, and who shall be paid the following salary, to wit: ninety dollars per month, said salary to be paid by said county in monthly installments, ; . the same time and in the same manner and out of the same fund as the salary of the recorder is paid. 4. The auditor, twenty-two hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the county auditor one deputy, who shall be appointed by the county auditor and paid a salary of ninety dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the Act 827, §171 COUNTY GOVERNMENT. 230 same manner and out of the same fund as the salary of the county auditor is paid. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, twenty-five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the assessor two deputies, for a period of four months during each fiscal year, who shall be ap- pointed by said assessor, and be paid a salary of seventy- five dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the as- sessor is paid. 8. The district attorney, two thousand five hundred dol- lars per annum; provided, that in counties of this class there shall be and is hereby allowed to the district attorney a deputy, who shall be appointed by said district attorney, and who shall be paid the following salary, to wit: Fifty dollars per month, said salary to be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the dis- trict attorney is paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The county surveyor shall receive twelve hundred dol- lars per annum and necessary costs of transportation to and from, and necessary expense in the field while engaged on public work. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law; provided, that in townships having a population of over six thousand, as shown by tin United States census of nineteen hundred, in lieu of fees in criminal cases, and in full compensation for all services -31 COUNTY GOVERNMENT. Ay default or confession, for all services, including cution and satisfaction of judgment, three dollars. l-i certificate .and transmitting transcript and papers on appeal, one dollar. Pot copies' of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For celebrating a marriage and returning a certificate tin reof to the county recorder, three dollars. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twen- ty five cents. For taking depositions, per folio, fifteen cents. For all services connected with the posting of estrays, one dollar. In cases before the justices of the peace, when the venue shall be changi d, the justice before whom the action shall be brought for all services rendered, including the making up and" transmission of the transcript and papers, shall receive three dollars; and the justice of the pesc< I' l& COUNTY GOVERNMENT. Act 837, J 1?!' whom, the trial shall take place shall receive the same fees as if the action had been commenced before him. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases. For issuing each process, writ, order or paper required by law to be issued, not otherwise provided for, twenty- five cents. For each certificate or affidavit not otherwise herein provided for, twenty-five cents. For administering oath or affirmation not otherwise here- in provided for, twenty-five cents. For taking and approving bond or undertaking, includ- ing the justification of sureties, fifty cents. 14. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid, out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars per month; in townships of the second class, seventy-five dol- lars per month; in townships of the third class, twenty dollars per month, and in townships of the fourth class, ten dollars per month. In addition to the monthly sal- aries herein allowed for services in criminal actions, cases and proceedings, each constable shall also be allowed all necessary expenses actually and properly incurred, in ar- resting and conveying prisoners to court or to prison, and also all necessary expenses actually incurred in the trans- portation of prisoners from prison to court, and the return of said prisoners to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming, in the service of subpoenas, in criminal cases, per mile, ten cents; which said expenses and mileage shall be au- dited and allowed by the board of supervisors as other claims against the county are audited and allowed, and shall be paid out of the county treasury. In addition to the monthly salaries herein allowed for services in criminal actions and cases, each constable may, for his own use, collect the following fees, and no others, in civil actions: For serving summons and complaint, for each defendant served, fifty cents. For each copy of summons for service, when actually made by him, twenty-five cents. Act 837, § 179 COUNTY GOVERNMENT. 250 For levying writ of attachment or execution, or execut- ing order of arrest, or for the delivery of personal prop- erty, one dollar. For serving writ of attachment or execution on any ship, boat, or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than one dollar and fifty cents per day shall be allowed for a keeper when necessarily em- ploy*, d. For taking bond or undertaking, fifty cents. For copies of writ and other papers, except summons, complaint, and subpoenas, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies. For serving any writ, notice, or order, except summons, complaint, and subpoenas, for each person served, fifty cents. For writing and posting each notice of sale of property, fifty cents. For furnishing notice for publication, twenty-five cents. For serving subpoenas, each witness, including copy, twenty-five cents. For collecting money on execution, one and one-half per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering constable's deed, one dol- lar and fifty, cents. For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actions, in going only, per mile, twenty-five cents. For traveling outside of his township to serve sucn writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; provided, that a constable shall not be re- quired to travel outside, of his township to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid, in criminal or civil cases. For each day's attendance in court, in civil cases, three dollars per day. For executing a search warrant, two dollars; and for each mile necessarily traveled within his county in exe- cuting a search warrant, both in going and returning from place of search, fifteen cents; said fee and mileage to be paid by the party demanding the search. 251 COUNTY GOVERNMENT. Act 837, § 179 For summoning a jury, in civil cases, two dollars, includ- ing mileage. For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for making or collecting the money on execution, shall be collected from the judg- ment debtor, by virtue of such execution, in the same man- ner as the sum herein directed to be paid. County officers must, and township officers may, demand the payment of all fees in advance. Justices of the peace shall, on or before the first Monday of each month, pay into the county treasurer all moneys collected by them on fines imposed and collected, and all moneys belonging to the county coming from any source. The board of supervisors shall, within sixty days after the passage of this aet, establish by ordinance, according to the provisions of subdivisions thirteen and fourteen of section twenty-six, the population of the various townships of this class of counties. 15. Each member of the board of supervisors, five hun- dred dollars per annum and ten cents per mile, one way, between residence and county seat, in attending upon all regular, special or adjourned meetings of the board of supervisors; provided, that the chairman of the board of supervisors may receive twenty-five cents per mile, one way, between residence and the county seat, when attend- ing at the county seat for the single purpose of counting the money in the county treasury, as required by law. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a monthly salary of seventy-five dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original, and five cents per folio for a copy; where the reporter is required to transcribe the whole, or any part of his notes from day to day as the trial progresses, he shall receive, in addition to said sums hereinbefore provided, the further sum of five cents per folio for the original, and two and one-half cents per folio for the copy. Said compensation for transcription in criminal eases to be audited and allowed by the board Act 837, § ISO COT-NTT GOVERNMENT. of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties as the court may direct; provided, that where the services of the official reporter are required, in each civil case, the sum of ten dollars per diem, for each day of the trial thereof, shall be paid to the clerk of the court, in advance, one-half by each party, or in such other proportion as the court may direct; all per diem fees so collected shall be paid by the clerk into the treasury of the county. The portion of per diem fees in each case, which were paid by the prevailing party, shall be taxed and allowed as costs in the case; provided, also, that this act, so far as it relates to the official reporter of the superior court in counties of this class, shall take effect immediately. [Amendment approved March 23, 1001. Stats. 10ni, 741. Tn effect 12 M. on first Monday after January 1, 1903.] Sec. ISO. In counties of the twenty-third class, the county officers shall receive, as compensation for the ser- vices r< quired of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk four thousand five hundred dollars per annum; provided, that in years when a great register is ordered, the county clerk shall receive in addition to his alar salary the sum of eight hundred dollars for such service. 2. The sheriff, six thousand dollars per annum. 3. The recorder, three thousand two hundred dollars per annum. 4. The auditor, one thousand five hundred dollars per an- num. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, three thousand five hundred dollars per annum, and the fees and commissions now or hereafter al- lowed by law. The assessor shall also be allowed the fol- lowing deputies, to be appointed by him, viz.: One deputy for each bona fide increase of two hundred real estate state- ments made for assessment purposes over and above three thousand of such statements, arid not to exceed in all five deputies. Kach of such depiit'ii s shall receive a monthly compensation of one hundred dollars, for the months' of March. April. May and June of each year. The salary of said deputies to be paid in the same manner, and out of g3 COUNTY GOVERNMENT. Act 837, j 181 the same fund as the assessor, upon the presentation of a certificate that services have been performed, and signed by the assessor. S. The district attorney, twenty-four hundred dollars per annum; assistant district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are. now or may be hereafter allowed by law. 15. Each member of the board of supervisors $1200.00 per annum, and mileage when acting as road commissoner, 25 cents per mile one way; provided, the amount of mile- age shall not exceed the sum of $300.00 in any one year. This subdivision of this section shall take effect and be in full force from and after the passage of this act. 1G. Member [s] of the board of education, each the sum of five dollars per day for actual service, together with mile- age at ten cents per mile. [Amendment approved March 20, 1905; Stats. 1905, p. 318. In effect in part imme- diately, and in part in sixty days.] Sec. 181. In counties of the twenty-fourth class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, twenty-four hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per annu m. Act 837, §182 COUNTY GOVERNMENT. 251 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dol- lars per annum, and his reasonable traveling expenses in- curred in visiting schools of the county, to be fixed and allowed by the board of supervisors, not to exceed the sum of five hundred dollars per annum; provided, he shall de- vote his entire time to the duties of said office. 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs a sur- veyor or civil engineer; and provided further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, five hun dred dollars per annum, and mileage at the rate of twenty cents per mile from his home to and from the county seat. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in citil and criminal cases tried in said court, and when requested by the district attorney, for preliminary examinations in justice's court, a monthly salary of one hundred dollars, payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for a transcription in criminal cases to be audited and allowed by the board of super- visors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amendment approved March 23, 1901. Stats. 1901, 746. In effect 12 M. on first Monday after January 1, 1903.] Section 182. In counties of the twenty-fifth class the of- ficers shall receive, as compensation for the services re- 255 COUNTY GOVERNMENT. • Act 837, § 182 quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The eounty clerk, four thousand dollars per annum. 2. The sheriff, five thousand five hundred dollars per an- num. 3. The recorder, two thousand dollars per annum, and six cents for each folio recorded. Provided, that the six cents per folio for recording shall go into effect immediately. 4. The auditor, twenty-four hundred dollars per annum. 5. The treasurer, twenty-seven hundred dollars per an- num. 6. The tax collector, two thousand dollars per annum, and one deputy, at nine hundred dollars per annum. 7. The assessor, four thousand dollars per annum, and one deputy, at a salary of nine hundred dollars per annum. 8. The district attorney, twenty-five hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand five hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy, at nine hundred dollars per annum. 12. The surveyor, shall receive one thousand five hun- dred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other necessary expenses incurred in connection with field work; provided, that whenever the surveyor is directed by the as- sessor to plat, trace, or otherwise prepare maps, plats, or block book for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five hundred dollars per annum, and ten cents per mile for traveling from his residence to the county seat ; provided, that not more than one mileage for one session of the board shall be allowed. For serving as road commissioner, two hundred dollars per annum. [Amend- ment approved March 20, 1905; Stats. 1905, p. 383. In effect in part immediately, and in part in sixty days.] Act 837. § 1S3 COUNTY GOVERNMENT. 256 1S3. Tn counties of the 1 wr nty-sixth class, the of- ficers shall receive, as compensation for the services re- quired Of them by law, or by virtue of their ollice, the fol- lowing salaries, to wit: 1. The county clerk, five thousand dollars per annum, and* twelve and a tali eenta for each elector registered. 2. The sheriff, seven thousand dollars per annum. He may- retain for his own use the mileage and lees lor the service of papers or proeQM issued by any court of this state out- side of bis county. 3. The recorder, Bixteel] hundred dollars per annum, seven ci Dts for each folio recorded, and five cents for each name index, d. 4. The auditor, two thousand dollars per annum. 5. The treasurer, two thousand dollars per annum. 6. The tax collector, three thousand dollars p< r annum. 7. The assessor, five thousand dollars per annum. 8. The district attorney, four thousand dollars per an- num: provided, thai he shall be disqualified from engaging in any cause or action to which the county or state is not a party. 9. The coroner, such fees as are now or may be here- afti r allowed by law. 10. The public administrator, such fees as are now or may be hfireafti r allowed by law. 11. The Buperinfc adent of schools, eighteen hundred dol- lars per annum (which shall include his services as a mem- ber of the board of education), and his actual traveling i zpensi B when visiting schools, not to exceed ten dollars per district. L2. The surveyor shall receive twelve hundred dollars per annum, and traveling and official expenses in the county. 13. Each supervisor, six dollars pet day while in the ser- vice of the county, and thirty cents per mile for traveling frbm'his residence to the county seat. II. In counties of this class the township officers, shall re- ceive the following compensation, to wit: In townships having a population of six thousand, or more, justices of the peace shall receive a monthly salary of one hundred and twenty live dollars per mouth, and con- stil ), dthly salary of one hundred and twenty-five dollars per month; In townships having a population of three thousand, or more, and less than six thousand, justices of the peace shall ricei'vi a monthly salary of one hundred dollars per month, 257 COUNTY GOVERNMENT. Act 837, § 183 and constables a monthly salary of one hundred dollars per month; In townships having a population of eighteen hundred and forty-four, or more, and less than three thousand, jus- tices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars; In townships having a population of seventeen hundred and seventy-five, or more, and less than eighteen hundred and forty-four, justices of the peace shall receive a monthly salary of ten dollars per month, and constables a nonthly salary of twenty dollars per month; In townships having a population of seventeen hundred and sixty, or more, and less than seventeen hundred and seventy-five, justices of the peace shall receive a monthly salary of nfty dollars per month, and constables a monthly salary of seventy-five dollars per month; In townships having a population of thirteen hundred and eighty, or more, and less than seventeen hundred and sixty, justices of the peace shall receive a monthly salary of ninety-five dollars per month, and constables a monthly sal- ary of one hundred dollars per month; In townships having a population of eleven hundred and seventy-five, or more, and less than thirteen hundred and eighty, justices of the peace shall receive a monthly salary of eighty dollars per month, and constables a monthly sal- ary of ninety dollars per month; In townships having a population of eight hundred and eighty, or more, and less than eleven hundred and seventy- five, justices of the peace shall receive a monthly salary of twenty dollars per month, and constables a monthly sal- ary of tliirty dollars per month; In townships having a population of seven hundred and eighty, or more, and less than eight hundred and eighty, jus- tices of the peace shall receive a monthly salary of forty dollars per month, and constables a monthly salary of fifty dollars per month; In townships having a population of seven hundred and sixty-five or more, and less than seven hundred and eighty, justices of the peace shall receive a monthly salary of fif- teen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and forty, or more, and less than seven hundred and sixty-five, justices of the peace shall receive a monthly salary of fif- Gen. Laws — 17 Act 837, § 183 COYTNTY GOVERNMENT. 853 teen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of six hundred and five, or more, and less than six hundred and forty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of five hundred and sixty, or more, and less than six hundred and five, justices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars per month; In townships having a population of two hundred and ten, or more, and less than five hundred and sixty, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars; In townships having a population of less than two hundred and ten, justices of the peace shall receive a monthly sal- ary of fifteen dollars per month, and constables a monthly salary of twenty dollars per month; The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that each constable shall be al- lowed and paid out of the county treasury for transporting prisoners to the county jail the actual expense of such trans- portation; Said justices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. And provided, further, that for the purposes of this act, the population of the several townships shall be ascertained by multiplying the number of registered voters at the last pre- ceding presidential election by five. The salaries of township officers as herein provided for shall be paid in the same manner, at the same time, and out of the same funds, that county officers are paid. 15. The official reporter of the superior court shall receive, as full compensation in taking notes in civil and criminal cases tried in said court, a monthly salary of one hundred and fifty dollars, payable out of the county treasury at the same time and in the same manner and from the same fund as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of fifteen cents per tolio for the original and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county 259 COUNTY GOVERNMENT. Act 837, § 184 treasury and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 16. All acts or parts of acts in conflict with this act are hereby repealed. [Amendment approved March 20, 1905; Stats. 1905, p. 385. In effect immediately.] Sec. 184. In counties of the twenty-seventh class the county officers shall receive, as compensation for the ser- vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and five hundred dollars additional per annum for compiling great register of the county. 2. The sheriff, five thousand dollars per annum, and the fees, mileage or commissions for the services of all papers whatever issued by any court outside of this county, and all mileage for service of papers issued out of any civil case in his own county. 3. The recorder, two thousand dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees re- quired by law to be so collected; and provided, that when the amount of said fees so collected shall amount to more than one hundred and fifty dollars in any month, the said recorder may receive and retain for his own use, in addi- tion to his salary, all fees in excess of one hundred and fifty dollars in any month so collected. 4. The auditor, seven hundred and fifty dollars per annum. 5. The treasurer, two thousand dollars per annum, and fees as now provided. 6. The tax collector, two thousand dollars per annum, and fees on delinquent poll taxes, which shall be in full for all services as tax collector. 7. The assessor, three thousand two hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. Superintendent of schools, one thousand six hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. Act 8„7, S Ia4 COUNTY GOVERNMENT. 260 13. For the purpose of regulating the compensation of jus- tices of the peace and constables, townships in this class of I' unities are hereby classified according to their population, as shown by the federal census of nineteen hundred as follows: Townships having a population of five thousand or more shall belong to and be known as townships of the first class; town- ships having a population of three thousand and less than five thousand, shall belong to and be known as townships of the second class; townships having a population of one thousand and less than throe thousand, shall belong to and be known as townships of the third class, and townships having a popu- lation of hss than one thousand, shall belong to and be known as townships of the fourth class. Justices of the peace and constables shall receive the following salaries, which shall be paid monthly, in the same manner as salaries of county offi- cers are paid, and which shall be in full of all services rendered by them in criminal eases, to wit: In townships of the first class, seventy-five dollars; in townships of the second class, fifty-five r a copy shall be paid the reporter making the transcription; provided, that said official reporter herein designated shall per- form all the service- necessary in the superior court of the county, at all preliminary examinations held before justices of the peace of the county and at all coroners' inquests. Said compensation foT transcription in criminal cases, at preliminary examinations and at coroners' inquests to be allowed on the order of the court, or the coroner, as the case may be, and 2G1 COUNTY GOVERNMENT. Act 837, § 1S5 paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. Said official reporter shall furnish his own typewriting machine, and shall also receive from the county his actual traveling expenses, when required to travel to and from any justices' court within the county, except the county seat. 15. Each member of the board of supervisors shall receive one thousand dollars per annum, payable monthly, which shall be in full for all services as supervisors. The provisions of subdivisions thirteen, fourteen, and fif- teen of this section shall take effect and be in force thirty days from and after the passage of this act. [Amendment approved March 20, 1905; Stats. 1905, p. 391. In effect partly in thirty days and partly in sixty days.] Sec. 185. In counties of the twenty-eighth class the county and township officers shall receive as compensation for the services required of them by law, or by virtue of their offices the following salaries and fees, to wit : 1. The county clerk, three thousand two hundred fifty dol- lars per annum; and in each year in which a new and com- plete registration of voters is required by law, he shall re- ceive such additional amount as shall be necessary to pay deputy registration clerks for taking affidavits of registration outside of the office at the rate of ten cents each, the claims for which shall be presented to and allowed by the board of supervisors as other claims are presented and allowed. 2. The sheriff, six thousand dollars per annum. 3. The recorder, two thousand two hundred fifty dollars per annum. The recorder shall collect and pay into the county treasury the fees required by law. 4. The auditor one thousand dollars per annum. 5. The treasurer two thousand dollars per annum. 6. The tax collector one thousand dollars per annum. 7. The assessor four thousand two nundred and fifty dollars per annum. 8. The district attorney, two thousand two hundred fifty dollars per annum. 9. The coroner, such fees as are now or may hereafter be hereafter allowed by law.' 10. The public administrator, such fees as are now, or may hereafter be allowed by law. 11. The superintendent of schools, eighteen hundred dollars per annum, including services on board of education, lie shall be allowed his actual traveling expenses not to exe I three hundred dollars per annum; he shall also be allowed Act 837, § 1S5 COUNTY GOVERNMENT. 26^ one deputy whose salary shall be fifty dollars per month, pay- able the same as the salaries of county officers; provided, that he shall keep his office open from 9 o'clock A. M. to 5 o'clock P. M. of each business day. 12. The surveyor shall receive a per diem of ten dollars for all work performed for the county, and in addition thereto, all necessary expenses and transportation on work performed in the field. 13. The justices of the peace, such fees as are now or may hereafter be allowed by law; provided, tbat the amount al- lowed by the board of supervisors for services in prosecutions under section six hundred and forty-seven of the Penal Code, and prosecutions for fraudulently evading or attempting to evade the payment of fare for traveling on any railroad, shall not exceed twenty dollars for any one month ; provided, further, that the amount allowed by the board of supervisors for ser- vices in prosecutions of misdemeanor cases other than those hereinbefore specified in this subdivision, shall not exceed the sum of thirty dollars for any one month. 14. The constable shall receive the following fees, to wit: for serving summons and complaint, for each defendant served, one dollar; for each copy of summons for service when made by him, twenty-five cents; for levying writ of attachment or execution or executing order of arrest or for the delivery of personal property, one dollar; for keeping personal property, such sum as the court may order, but no more than two dollars per day shall be allowed for a keeper when necessarily em- ployed; for taking bond or undertaking, fifty cents; for copies of writs and other papers, except summons, complaints and subpoenas, per folio ten cents ; provided, that when correct copies are furnished him for use, no charge shall be made for copies; for serving any writ, notice or order, except sum- mons, complaints or subpoenas, for each person served, fifty cents; for writing and posting each notice of sale of property, twenty-five cents; for serving subpoenas, each witness, includ- ing copy, twenty-five cents; for collecting money on execution, two and one-half per cent, to be charged against the defendant named in the execution; for executing and delivering certifi- cate of sale, one dollar; for executing and delivering consta- ble's deed, two dollars; for every mile necessarily traveled in his township, in going only, to serve any civil or criminal pro- cess or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; outside of his township, but within his county, twenty cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the more distant if they live 263 COUNTY GOVERNMENT. Act 837, § 186 in the same direction; for each mile necessarily traveled out- side of his county in making criminal arrests, both going and returning from place of arrest, ten cents; in transporting pris- oners to the county jail, or before a magistrate, either upon arrest or for trial or examination, or after conviction, he shall receive in addition to the above mileage, his actual and neces- sary expenses for himself and prisoner; provided, that where two or more prisoners are transported at the same time, no more than one mileage shall be alfowod; for making each arrest in criminal cases, one dollar and fifty cents ; for sales of estrays, the same fees as for sales on execution; for summoning a jury, two dollars, including mileage; for all other services, the same fees as are allowed sheriffs for like services; provided further, that no more than sixty dollars shall be allowed to any con- stable in counties of this class in any one month for fees and mileage in criminal matters. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to and from the county seat ; provided, such mileage shall not be allowed more than once a month ; and for his services as road commissioner, he shall receive twenty cents per mile one way for all distances actually and necessarily traveled by him in the performance of his duties; provided, he shall not In any one year receive more than three hundred dol- lars as such road commissioner. 16. In counties of this class grand jurors and jurors in the superior court shall receive for each day's attendance the sum of three dollars, and for each mile actually and neces- sarily traveled from their residence to the county seat, the sum of twenty-five cents; such mileage to be allowed but once during each session such jurors are required to attend. [Amendment approved March 20, 1905; Stats. 1905, p. 371. In effect in sixty days.] Sec. 186. In counties of the twenty-ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: The county clerk, two thousand two hundred and fifty ($2250) dollars per annum, and when a new great register of voters is ordered, he shall receive in addition, fifteen (15) cents per name for each voter registered, which shall be in full for all services required in registering voters and making the great register; provided, that in counties of this class there shall be and is hereby allowed to the county clerk, a deputy, who shall be appointed by said county clerk, Act £37. § 1S6 COUNTY GOVERNMENT. 26* wlio shall be paid a salary of seventy-five dollars ($75) per nimitl), said salary to be paid by said county in monthly in- stallments at the same time and in the same manner and out of the same fund, as the salary of the county clerk is paid. 2. The sheriff, four thousand" five hundred dollars ($4500) per annum; and, also all fees for services of papers in ac- tions arising outside of his county. 3. The recorder, two thousand one hundred dollars ($2100) per annum. 4. The auditor, one thousand two hundred dollars ($1200) per annum. 5. The treasurer, two thousand one hundred dollars ($2100) per annum. 6. The tax collector, one thousand ($1000) per annum. 7. The assessor, two thousand five hundred dollars ($2500) per annum; and also such fees and commissions as are al- lowed by law. 8. The district attorney, two thousand four hundred dol- lars ($2400) per annum. 9. The superintendent of schools, two thousand one hun- dred dollars ($2100) per annum and actual traveling ex- penses when visiting the schools of his county. 10. The eenmer, such fees as are now or may be hereafter allowed by law. 11. The public administrator, such fees as are now or may be hereafter allowed by law. 12. The surveyor, such fees as are now or may be hereaf- ter allowed by law. 13. Justices of the peace, such fees as are now or may he hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars ($:'>) per day for each day's actual attendance in court during a jury trial therein or a preliminary examination for felony; provided, that no constable shall receive more than three dol- lars ($3) for any one day's attendance on any court. 15. Each supervisor, fifty dollars ($50) per month and mileage at the rate of ten cents per mile for traveling to and from his residence to the county seat at each session. 16. Each member of the board of education, including the secretary, five dollars ($5) per day when the board is in session, and ten cents per mile fit traveling to and from his or her residence to the county seat at ■ ,vh session, unless otherwise provided for by law. LAmeudinent approved 264a COUNTY GOVERNMENT. Act 837, § 1S7 March 20, 1905; Stats. 1905, p. 299. In effect on the first Monday after the first clay of January, 1907.] Sec. 187. In counties of the thirtieth class the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their offices the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, five thousand seven hundred dollars per annum. Also, the following, to be audited and paid as other county charges: For every mile necessarily traveled in executing any warrant of arrest, twenty-five cents per mile; for taking prisoners to magistrate or jail, the actual cost of such transportation. 3. The recorder, three thousand dollars per annum, which shall be in full for all services. 4. The auditor, one thousand eight hundred dollars per annum. 5. Tax collector, two thousand dollars per annum. 6. Assessor, three thousand two hundred dollars per an- num. 7. The treasurer, one thousand six hundred dollars per annum. 8. The district attorney, one thousand eight hundred dol- lars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, two thousand five hun- dred dollars per annum, which shall be in full for all ser- vices performed, including the visiting of the schools of his county; provided, that he may receive such fees as are now or may hereafter be allowed by law for services as a mem- ber of the county board of education. 12. The county surveyor shall receive one thousand eight hundred dollars per annum, and the necessary cost of trans- portation to and from, and necessary expenses while in the field when engaged on public work. 13. For the purpose of regulating the compensation of justices of the peace, townships in this class of counties are hereby classified according to their population as shown by the federal census of one thousand nine hundred, as fol- lows: Townships having a population of four thousand or more, shall belong to and be known as townships of the first class; Act S37, § 187 COUNTY GOVERNMENT. Kit) townships having a population of two thousand and less than four thousand shall belong to and be known as town- ships of the second class; townships having a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships having :i population of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong to and be known as town- ships of the fifth class. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner such salaries of county officers are paid, and shall be in full of all services rendered by them in Criminal cases; provided, however, that if two justices nf the r>eaoe shall be elected and qualify in any township, then the said justices shall each receive one-half (%) of the salary herein provided for. Tn townships of the first class, seventy dollars; In townships of the second class, sixty dollars; Tn townships of the third class, forty dollars; Tn townships of the fourth class, twenty dollars; Tn townships of the fifth class, ten dollars; provided, that each justice of the peace shall, before receiving his monthly salary, file with the auditor a statement of all fines re- ceived, together with the treasurer's receipt for the same. Tn addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law, for all services rendered by him in civil actions. 14. For the purpose of regulating the salaries of con- si ibli 8, townships in this class of counties are hereby class- ifi( d according to their population as shown by the federal census of one thousand uine hundred, as follows: Town- shins having a population of four thousand or more shall b< long to and be known as townships of the first class; townships having a population of two thousand and less than four thousand shall belong to and be known as town- ships of the second class; townships having a population of one thousand and less than two thousand shall belong to and be known as townships of the third class; townships having a [ opulation of over five hundred and less than one thousand shall belong to and be known as townships of the fourth class; and townships having a population of less than five hundred shall belong to and be known as townships of the fifth class. Constables shall receive the 264c COUNTY GOVERNMENT. Act 837, § 187 following salaries, which shall be paid monthly, in the same manner as such salaries of county officers are paid, and shall be in full of all services rendered by them in criminal cases; provided, hoivever, that if two constables shall be elected and qualify in any township, then each of the said con- stables shall each receive one-half (Yo) of the salary herein provided for: In townships of the first class, eighty dollars; In townships of the second class, seventy dollars; In townships of the third class, fifty dollars; In townships of the fourth class, twenty-five dollars; In townships of the fifth class, ten dollars. In addition to the monthly salaries herein allowed, eacl constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions, and shall also be allowed all necessary expenses actually incurred in ar- resting and conveying prisoners to court or to prison, which said expenses shall be audited and allowed by the board of supervisors and paid out of the county treasury. 15. Each supervisor, six dollars per day when the board is in session and twenty cents per mile for traveling from his residence to the county seat. For his services as road commissioner, three hundred dollars per annum, payable in monthly installments. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in all civil and criminal causes and proceedings in saiil court, and for taking notes of the proceedings and testimony at all coroner's inquests in the county, and for taking cotes of the testimony and proceedings in all ex- aminations before committing magistrates, and for taking notes if the testimony and proceedings of cases and com- missions for the examination of persons charged with be- ing of unsound mind, a monthly salary of one hundred dol- lars, payable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for the transcription of said notes, when the transcrip- tion thereof is required by law, or by order of the court, or by demand of an}' party to the suit or proceeding, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription in all criminal cases and coroner's inquests and examinations of persons charged with being of unsound mind, to be audited and allowed by the board of supervisors A.t STJT, § 1SS COUNTI GOVERNMENT 264d as other claims against the county, and in civil cases and proceedings to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, when and in such proportions as the court may direct. When necessary for such reporter to travel away from the county seat, he shall receive his actual and neces- sary traveling expenses, to be allowed and paid by the board of supervisors as are other county charges. [Amend- ment approved March 20, 1905; Stats. 1905, p. 310. In effect in sixty days.] Sec. 188. In counties of the thirty-first class, the county officer shall receive, as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, three thousand dollars per annum, and when a new great register of voters is ordered, he shall receive five hundred dollars additional, which shall be in full for all services required in registering voters and making the great register. 2. The sheriff, four thousand five hundred dollars per annum. 3. The recorder, two thousand five hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, two thousand dollars per annum. ti. The tax collector, twelve hundred dollars per annum. 7. The assessor, three thousand dollars per annum. 8! The district attorney, two thousand three hundred dol- lars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11 The superintendent of schools, one thousand six hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12 The county surveyor, one thousand five hundred dol- lars per annum, "he to furnish all necessary instruments; but transportation charges for field work shall be allowed him. He. shall not be required to perform county work more than 2C4e COUNTY GOVERNMENT. Act 837, § 1SS two thirds of the working days in any month except on payment of fees now allowed by law. 13. Justices of the peace, the following monthly salaries, to be paid each month as county officers are paid, which shall be in full for all services rendered by them in crim- inal cases: In townships having a population of twenty- five hundred and more, sixty-five dollars. In townships hav- ing a population of fifteen hundred and less than twenty- five hundred, forty dollars. In townships having a popula- tion of one thousand and less than fifteen hundred, twenty- five dollars. In townships having a population of less than one thousand, ten dollars. Each justice must pay into the county treasury once a month, all fines collected by him. In addition to the monthly salary allowed herein each jus- tice may receive for his own use such fees as are now or may hereafter be allowed by law, for all services performed n - him in civil actions. In all townships having a population of less than twenty-five hundred if there be more than one TfrtrfWe\ the oomppnsation allowed herein shall bo equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single justice in such township. 14. Constables, the following salaries, which shall be paid monthlv as salaries of county officers are paid, and shall be in full for all services rendered by them in criminal cases, to wit: In townships having a population of twenty-five hundred or more, seventy dollars. In townships having a population of fifteen hundred and less than twenty-five hun- dred, forty-five dollars. In townships having a population of one thousand and less than fifteen hundred, thirty dollars; in townships having a population of less than one thousand, fifteen dollars. In addition to the monthly salary allowed herein each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all the services performed by him in civil actions. In all townships having a population less than twenty-five hundred, if there be more than one constable, the compensa- tion herein allowed shall be equally divided between them so that the sum total of their monthly compensation shall not exceed the salary allowed herein for a single constable in such township. The board of supervisors shall during each and every year, ascertain and determine the population Act 837. § 1S9 COUNTY GOVERNMENT. 261f of the several townships of the county for the purposes of ascertaining the compensation of township officers regulated by this section, in proportion to their duties. 15. Each supervisor, five hundred dollars per annum and his necessary expenses when attending to the business of his county, other than the meetings of the board, and thirty cents per mile in going from his residence to the county seat at each meeting of the board, and three hun- dred dollars per annum, payable quarterly, for services as load commissioner. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and, when requested by the district attorney, in preliminary examinations and inquests, a monthly salary of one hundred dollars, payable out of the courty treasury at the same time and in the same manner as the salaries of county offi- cers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the orig- inal and five cents per folio for the copy; said compensation for transcriptions in criminal cases, preliminary examina- tions, and inquests, to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. Subdivisions twelve and fifteen of this section shall take effect immediately. [Amendment approved March 23, 1901. Stats. 1901, 757. In effect partly immediately and partly 12 M. on the first Monday after January 1, 1903.] Sec. 189. In counties of the thirty-second class, the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1 The county clerk, three thousand dollars per annum, and in any year when a new great register of voters is re- quired by law, he shall receive five hundred dollars addi- 265 COUNTY GOVERNMENT. Act 837, § 189 tional for said year, which shall be in full for all ser- vices required in registering voters and making such new great register. 2. The sheriff, four thousand five hundred dollars per an- num, and mileage at the rate of twenty-five cents per mile necessarily traveled in going only. 3. The recorder, three thousand five hundred dollars per annum. 4. The auditor, one thousand eight hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, two thousand dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, two thousand four hundred dol- lars per annum. 9. The coroner, such fees aB are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand five hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor shall receive one thousand six hundred dollars per annum for all work performed for the county, and in addition thereto, actual traveling and other neces- sary expenses incurred in connection with field work; pro- vided, that whenever the surveyor is directed by the asses- sor to plat, trace, or otherwise prepare maps, plats, or block books for the use of the county assessor, he shall be al- lowed only the actual cost of preparing the same. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all ser- vices rendered by them in criminal cases: Act 837, § ISO COUNTY GOVERNMENT. 28C In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In town- ships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dollars per month. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law, and shall also collect and retain for his own use such fees as are now or may be hereafter allowed by law for services rendered by him as coroner, when acting as such. 14. Constables shall receive the following monthly sala- ries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of three thousand five hundred or more, seventy-five dollars per mouth. In townships having a population of not less than two thousand nor more than three thousand five hun- dred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifteen dollars per month. In all townships having a population of less than twelve hundred, ten dol- lars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil actions; and he shall also be allowed his actual and necessary expenses incurred iu executing any warrant outside of his county is- sued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to the county jail, which said expense shall be auelited and al- lowed by the board of supervisors, and paid out of the county treasury. 2W COUNTY GOVERNMENT. Act 837, § 183 15. Each number of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty-five cents per mile, one way only, from his residence to the place of meeting of said board. , The secre- tary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board, and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims for such services and mileage shall be pre- sented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education, herein provided is not in addition to that provieled in section one thousand seven hundred and seventy of the Political Code. 16. Each supervisor, nine hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; provided, that when a supervisor is also road commissioner, he shall receive, in addition to the twenty cents per mile allowed to him by law as such road commissioner his actual traveling expenses, the total mileage and expenses not in any one year to exceed the sum of three hundred dollars. [Amendment approved March 20, 1905; Stats. 1905, p. 358. In effect on the first Monday after January 1st. 19U7.] Act 837, §190 COUNTY GOVERNMENT. 8fiS Sec. 190. In counties of the thirty-third (33) class, the county officers shall receive, as compensation for the r rvices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars ($1500) per annum. 2. The sheriff, three thousand five hundred dollars ($3500) per annum, and a jailer at fifty dollars ($50) per month, to be paid out of the county treasury; provided, the sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and, providi-d further, that the sheriff shall also receive for his own use and benefit, the mileage, fees and commissions for all services of all papers whatsoever issued by any court of the state outside of his own county. 3. The recorder, one thousand five hundred dollars ($1500) per annum. 4. The auditor, one thousand dollars ($1000) per annum. 5. The treasurer, one thousand five hundred dollars ($1500) per annum. 6. The tax collector, twelve hundred dollars ($1200) per annum and ten per cent of all licenses collected by him; and a deputy, at four dollars ($4) per day for not more than one hundred (100) days in any one year, to be paid out of the county treasury. 7. The assessor, two thousand five hundred dollars ($2500) per annum and two deputies at a salary of five dollars ($5) each per day for not more than one hundred (100) days in any one year, and two deputies additional, at a salary of five dollars ($5) each per day for not more than fifty (50) days in any one year; such deputies to be paid out of the county treasury. 8. The district attorney, two thousand dollars ($2000) per annum and necessary traveling expenses to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be hereafter allowed bv law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars ($1500), per annum, and actual traveling expenses, when visiting the schools of his county. 2€9 COUNTY GOVERNMENT. Act 837, s V* 12. The surveyor, such fees as are now or may be here- after allowed by law; provided, he shall be given all work for the county in which the county employs one surveyor or civil engineer. 13. In counties of this class, the township officers shall receive the following compensations, to wit: In townships having a population of over four thousand (4"00), justices of the peace shall receive a monthly salary of sixty ($60) dollars per month, and constables a monthly salary of sixty- five dollars ($65) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said jus- tices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than twenty- seven hundred (2700), and not exceeding four thousand (4000), justices of the peace shall receive a monthly salary of thirty dollars ($30) per month, and constables a monthly salary of forty dollars per month. The above named sal- aries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases. In townships having a population of more than two thou- sand (2000) and less than twenty-seven hundred (2700), justices of the peace shall receive a monthly salary of twenty-five dollars ($25) per month and constables a monthly salary of thirty-five dollars ($35) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases, but said justices of the peace and constables may re- tain for their own use the fees allowed by law in civil cases. In townshir having a population of less than two thou- sand (2000), justices of the peace shall receive a monthly salary of twenty dollars ($20) per month and constables a monthly salary of twenty-five dollars ($25) per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in crim- inal cases, but said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases; provided, that where a constable shall be required to travel outside of his own township, in serving or executing a warrant of arrest or any other paper in a criminal case, he shall be allowed, ii- addition to the salary hereinbefore Act §57, § 191 COUNTY GOVERNMENT. 2?C provided, his .actual expenses incurred in serving or execut- ing the same, to be allowed by the board of supervisors; for transporting prisoners to the county jail, the actual ex- penses of such transportation; and provided further, that for the purpose of this act, the population of the several town- ships shall be ascertained by multiplying the number of registered voters at the last general election ol* each town- ship, by five. In addition to the above salaries allowed said justices of the peace and constables for their services in criminal cases, they may retain for their own use the fees allowed by law in civil cases. 14. Each supervisor, six hundred dollars ($600) per an num and twenty (20) cents per mile traveling to countv seat, which shall be in full compensation for all services, both as supervisor and road commissioner; provided, tha* in case the said supervisors shall not serve as road commis- sioners, the salary for supervisor shall be four hundred dol- lars ($400) per annum. 15. For attending as a grand juror, or a trial juror in criminal cases only, in the superior court, for each day's attendance, three (3) dollars; for each mile actually travelc otic way as such grand juror, or trial juroT in criminal cases in the superior court, under summons or order of the court twenty-five cents. The county clerk shall certify to th* auditor the number of day's attendance, and the number of miles traveled by each juror and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. 16. This act shall take effect and be in force from and after its passage and so far as it relates to the fees and mileage of jurors and traveling expenses of constables, shall take effect immediately, but shall not affect the compensa- tion of other officers during the present term of office. [Amendment approved March 20, 1905. Stats. 1905, p. 376.] Sec. 191. In counties of the thirty-fourth class the county officers shall receive as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum, and during each ye r in which a general elec- tion is held throughout the state he shall in addition to said salary receive each month for the months of August, September, October and November, one hui dred dollars, and the same shall be so paid from the same fund as other sala ries are paid. 271 COUNTY GOVERNMENT. Act 837, § 191 2. The sheriff, four thousand dollars per annum, and the fees, mileage and commissions for the services of all papers issued by any court of the state outside of this county. Also his actual traveling expense^ in the execution of a warrant outside of his county issued by a magistrate or court of his county. 3. The recorder, one thousand five hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall amount to more than one hundred and twenty-five dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, all fees in excess of one hundred and twenty-five dollars, and not exceeding one hundred and seventy-five dollars, in any month so collected; so that the amount of fees thus received by the recorder for his own use, plus the salary, shall not exceed the sum of one hundred and seventy-five dollars in any one month. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand four hundred dollars per annum. 6. The tax collector, one thousand two hundred dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, twenty-six hundred dollars per annum; provided, that in counties of this cla . . there shall be one deputy assessor, who shall be appointed by the assessor of said county ;m4 12. The surveyor, one thousand five hundred dollars per an- num, which shall be in full for all services required of him by the superior court or the board of supervisors; provided, that he shall be entitled to receive from the county his actual expenses incurred in the performance of any order of the court or the board of supervisors; provided further, that whenever the surveyor is directed by the board of supervisors to plat, trace or otherwise prepare maps, plats or block books for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, seven hundred and fifty dollars per an- num, which shall be in full for all services as supervisor and road commissioner for each year. Said salary of seven hun- dred and fifty dollars shall be payable monthly. [Amendment approved March 20, 1905; Stats. 1905, p. 365. In effect in sixty days.] See. 194. In counties of the thirty-seventh class, the county officers shall receive as compensation for their services required of them by law, or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, twenty-five hundred dollars, per annum. 2. The sheriff, four thousand dollars per annum, and one jailer at a salary of nine hundred dollars per annum. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, fifteen hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, two thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, eighteen hundred dollars per an- num. 9. The coroner, such fees as are now or may hereafter be provided by law. 10. The public administrator, such fees as are now or may hereafter be provided by law. 11. The superintendent of schools, fifteen hundred dollars per annum. Act 837, § 195 COrNTY GOVERNMENT. 273 12. The surveyor, such fees as are now or may hereafter be provided by law. 13. Each supervisor shall receive for compensation five dollars per day for all services performed as supervisor and member of the hoard of equalization, not to exceed the sum of four hundred dollars per annum; also, three dollars per day for each day actually engaged in performing the duties of road commissioner, not to exceed three hundred dollars per annum. The supervisors of counties of this class shall be elected from their respective supervisorial districts at tin- next general election as follows, to wit: The term of office of the supervisors elected from the first and third supervis- orial districts shall expire in two years from such general election and the term of office of the supervisors elected from the second, fourth, and fifth supervisorial districts shall terminate in four years from such general election. 14. In counties of this class, the township officers shall reeeive the following compensation, to wit: In townshii .? having a population of four thousand, justices of the peace shall receive a monthly salary of seventy-five dollars; and constables a monthly salary of seventy-five dollars. The above-nameil s.il.irus shall be in full compensation for all services of said justices of the peace and constables in crim- inal cases; they may also retain for their own use all other fees, except those in criminal cases, as are now or may here- after be provided by law. In townships having a popula- tion of less than four thousand, each justice of the peace and each constable shall receive as compensation for his services such fees as are now, or may hereafter be, provided by law. [Amendment approved March 20, 1905; Stats. 1905, p. 308. In effect in sixty days.] Sec. 195. In counties of the thirty-eighth (38) class (Stanislaus) the county officers shall reeeive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand seven hundred dollars per annum; and provided, that in each year when a new reg- istration is required he shall receive in addition to his sal- ary the sum of ten (10) cents for each elector registered, which amount shall be allowed by the board of supervisors at the close of registration preceding a general election, and paid from the general fund of the county. 279 COUNTY GOVERNMENT. Act 837, § 195 2. The sheriff, five thousand dollars per annum, and fees, commissions, and mileage for the service of papers or process coming from courts other than those of his own county. ■3. The recorder, one thousand six hundred dollars per an- num; provided, that such recorder shall collect and pay into the county treasury, for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees collected shall exceed two hundred and fifty dollars in any month, the recorder may re- ceive and retain for his own use, in addition to his salary, one-half of all fees in excess of two hundred and fifty dol- lars in any month so collected. But the amount of fees thus received by the recorder for his own use, plus his salary, shall -cot exceed the sum of three thousand dollars in any one year. 4. The auditor, one -thousand six hundred dollars per an- num. 5. The treasurer, one thousand six hundred dollars per annum, and the fees and commissions now or hereafter al- lowed by law. 6. The tax collector, one thousand collars per annum, and the fees and commissions now or hereafter allowed by law. 7. The assessor, two thousand eight hundred dollars per annum, and tne fees and commissions now or hereafter al- lowed by law. The assessor shall also be allowed the fol- lowing deputies, viz.: One deputy for each bona fide in- crease of one hundred real estate statements made for as- sessment purposes over and above two thousand five hundred of such statements, and not to exceed in all six deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period of not to exceed two months in any one year, said compensation to be paid month- ly in the same manner as county officers are paid. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools one thousand five hun- dred dollars per annum. He shall also be allowed his actual traveling expenses when visiting tue schools of the county, Act 837, § 105 COUNTY GOVERNMENT. ^80 which expense shall not exceed the sum of five hundred dol- lars in any one year. He shall receive nothing for his ser- vices as a member of the board of education. The superin- tendent of schools shall be allowed one deputy, to be ap- pointed by the principal, which said deputy shall be allowed a salary of fifty dollars per month, to be paid at the same time and in the same manner as other county officers. 12. The surveyor shall receive one thousand eight hundred dollars per annum, and in addition thereto, actual traveling and other necessary expenses incurre I in connection with field work. He shall have one deputy at a salary of one thousand dollars per annum; said deputy to be appointed by the principal and be paid at the same time and in the same manner as other county officers. It shall be the duty of the surveyor among other things, to make and correct all neces- sary plats, maps, and block books for the assessor's office, and all necessary county and road maps, and all necessary plans and specifications for bridge work and county build- ings; provided, however, that when in the judgment of the board of supervisors of the county, on the representations of the county surveyor, it is necessary to employ additional as- sistance for the performance of said work, the board of supervisors shall allow the necessary and actual expense therefor; provided, he shall receive nothing for preparing any map or plat necessary to accompany reports made by him on road work, nor for preparing and keeping up the necessary and proper records of his office. He shall at all times be subject to the orders of the board of supervisors. 13. For the purpose of regulating the compensation of jus- tices of the peace and constables, townships of this class of counties are nereby classified according to their population as shown by the federal census of nineteen hundred: Townships having a population of two thousand eight hundred and more shall belong to and be known as townships of the first class; townships having a population of two thousand four hun- dred and less than two thousand eight hundred shall be- long to and be known as townships of the second class; town- ships having a population of one thousand six hundred and less than two thousand four hundred shall belong to and be known as townships of the third class; townships having a population of eight hundred and less than one thousand six hundred shall belong to and be known as townships of the fourth class; townships having a population of six hun- dred and fifty and less than eight hundred shall belong to 28i COUNTY GOVERNMENT. Act 837, § 19a and be known as townships of the fifth class; townships having a population of less than six hundred and fifty shall belong to and be known as townships of the sixth class; providing, that the board of supervisors of the county may, prior to any general election, consolidate two or more of such townships into one. 13 !/<2. Justices of the peace shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, ninety dollars; in townships of the second class, fifty dollars; in townships of the third class, fifty dollars; in townships of the fourth class, forty dollars; in townships of the fifth and sixth class, twenty dollars. In addition to the monthly salaries herein allowed, each jus- tice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and justices of the first, second and third class shall be allowed their office rent, not to exceed the sum of five dollars each, for any one month. Each justice must pay into the county treasury, once a month, all fines collected by him. 14. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, ninety Collars; in townships of the second class, eighty dollars; in townships of the third class, eighty dollars; in townships of the fourth class, fifty dollars; in townships of the fifth and sixth class, thirty dollars. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions; and shall also be allowed all necessary ex- penses actually incurred in arresting and conveying prison- ers to court or to prison, which expense shall be audited and allowed by the .oard of supervisors and paid out of tne county treasury; provided further, that when any con- stable is required to go out of his own county to serve a warrant of arrest, or any other paper in a criminal case, he shall be allowed 'mileage, both going and returning, outside of his own county, at the rate of ten cents per mile. 15. Supervisors, each, the sum of six hundred dollars per annum, and mileage at the rate of ten cents per mile for each Act 837, § 196 COUNTY GOVERNMENT. 282 mile traveled in going to and from the meeting of the board; provided, that only one mileage at any one session of the board shall be allowed. They shall, from and after the pass- age of this act, act as road commissioners in their respec- tive districts, and shall thereafter receive for their services as such road commissioners mileage at the rate of twenty cents per mile each, one way, for all distances actually traveled by them in the discharge of their duties as such ioad commissioners; provided, that such mileage as road commissioner shall not, in any one year, exceed the sum of three hundred dollars for any one of the commissioners. 16. Witnesses in criminal cases shall receive one dollar and fifty cents per day, and ten cents per mile for each mile actually traveled, one way only. The court shall make an order directing the auditor to draw his warrant on the county treasurer for the amount due, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. [Amendment approved March 20, 1905; Stats. 1905, p. 366. In effect in sixty days.] Sec. 196. Tn counties of the thirty-ninth class the county officers shall receive as compensation for services re- quired of them by law, by virtue of their offices, the follow- ing salaries, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, five thousand dollars per annum and fees, commissions and mileage for the service of papers or process coming from courts other than those of his own county. 3. The recorder, one thousand six hundred dollars per annum; provided, that in counties of this class there shall lie and is hereby allowed to the recorder a copyist who shall be appointed b~ the recorder and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments at the time and in the same man- ner and out of the same fund as the salary of the re- corder is paid; and provided that such recorder shall col- lect and pay into the county treasury for the use and benefit of the county the fees required to be paid by law so collected; and provided that when the amount of said fees collected shall exceed two hundreel dollars in any month, the recorder may receive and retain for his own use, in addition to his own salary, one half of all fees in excess of two hundred dollars in any month so collected. But the amount of fees thus received by the recorder for his own 283 COUNTY GOVERNMENT. Act 837, § IMS use, plus his salary shall not exceed the sum of two thousand dollars in one year. 4. The auditor, one thousand six hundred dollars per annum. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector, one thousand five hundred dollars per annum. 7. The assessor, three thousand dollars per annum, and such fees as now or may hereafter be allowed by law. The assessor shall also be allowed the following deputies, viz.; one deputy for each bona fide increase of one hundred real estate statements made for assessment purposes over and above twenty-four hundred of such statements and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hundred dollars for a period not to exceed two months in any one year, said compensation to be paid monthly in the same manner as county officers are paid. He shall prepare the military roll for which he shall receive five cents for each name thereon; that the assessor shall annually revise the plats in his office and prepare the military roll at his own cost and expense. 8. The district attorney, one thousand eight hundred dol- lars per annum. 9. The coroner, such fees as are now and may hereafter be allowed by law. 10. The public administrator, such fees as are now and may hereafter be allowed by law. 11. The superintendent of schools, one thousand four hun- dred dollars per annum, and shall also be allowed the com- pensation provided by law for services upon the board of education. He shall be allowed his actual traveling ex- penses when visiting schools of his county, which expense shall not exceed the sum of three' hundred dollars in one year. Provided, in counties of this class there shall be and is hereby allowed to the superintendent of schools an assistant who shall be appointed by the superintendent of schools and paid a salary of fifty dollars per month, said salary to be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the superintendent of schools is paid. Act 837. § 196 COUNTY GOVERNMENT. 284 12. The surveyor, such fees as are now or may be here- after allow* d by law. Provided the surveyor shall an- nually revise the plats in the office of the assessor for which he shall receive a sum not to exceed two hundred dollars in any one year. 13. Justices of the peace shall receive the following sal- aries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: [n townships having a population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thou- sand five hundred and more than two thousand, seventy- five dollars per moDth; in townships having a population of less than two thousand, forty dollars per month. Justices of the peace in counties of this class shall also receive for their own use and benefit such fees as are now or may here- after be allowed by law in civil cases. They shall also be allowed the actual rent for their offices, not to exceed ten dollars per month. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz.: In townships having a population of more than three thousand five hundred, one hundred dollars per month; in townships having a population of less than three thousand five hundred and more than two thousand, seventy-five dollars per month; in townships having a population of less than two thousand, forty dollars per. month. Constables shall also receive for their own use and benefit such fees as are now or hereafter may be allowed by law in civil cases. They shall also be allowed their actual expenses in conveying prisoners from the place of arrest to the court, and in case of conviction, from court to the county jail. 15. Supervisors, each six hundred dollars per annum for all services performed by them as supervisors and members of the board of equalization and road commissioners, in- cluding mileage, provided, that each supervisor shall re- ceive ten cents for each mile traveled by the ordinary route in going from his residence to the county seat and return- ing once during each meeting. Each supervisor shall be allowed his actual traveling expenses while supervising the roads of his district, not exceeding twenty dollars in any one month. [Amendment approved March 20, 1905; Stats. 1905, p. 338. In effect in sixty days.] 285 COUNTY GOVERNMENT. Act 831, § 1P7 Sec. 197. In counties of the fortieth class, the county officers shall receive as compensation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries and fees, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per annum, and all mileage for the service of papers issued out of any court outside of his county. 3. The recorder, twenty-one hundred dollars per annum. 4. The auditor, nine hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license col- lector. 7. The assessor, three thousand five hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per an- num. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now, or may be here- after allowed by law. 13. Each justice of the peace, the following fees: In civil actions before him, for all services required to be per- formed by him before trial, two dollars. For a trial, and all proceedings subsequent thereto, in- cluding all affidavits, swearing witnesses and jury, and the entry of judgment, four dollars. In all cases where judgment is rendered by default or confession, for all services from the filing of the complaint to and including the entry of judgment, three dollars. For issuing a writ of attachment, to include all affidavits, taking and approving bond, and all oaths and certificates necessary thereto, three dollars. For all services and proceedings in a criminal action or proceeding whether on examination or trial, three dollars; Act 837, § 197 COUNTY GOVERNMENT. 2W provided, that if the defendant plead guilty, only two dol- lars shall be allowed. For taking bail, after commitment by another magis- trate, only fifty cents. For making transcript of docket, making up and trans- mitting papers on appeal, including the certificate to the same, two dollars. For copies of docket or papers in his office, per folio twenty cents. For issuing a search warrant, to be paid by the party demanding the same, one dollar. For celebrating a marriage, and returning the certificate to the recorder, three dollars. For docketing a judgment or any instrument, for the first name fifty cents; for each additional name twenty- five cents. For taking depositions, per folio, twenty cents. For administering an oath, twenty-five cents, and certif- icate to same, twenty-five cents; for each certificate twenty- five cents. For issuing a commission to take testimony, seventy-five cents. For all services connected with the posting of estrays, in- cluding the transcript for the recorder, three dollars. For issuing an execution and entering satisfaction of the judgment, fifty eents. In all cases before justices of the peace where the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the mak- ing up and transmission of the manuscript and papers, shall receive three dollars; and the justice before whom the trial shall take place, shall receive the same fees as if the action had been commenced before him. 14. Each constable shall receive the following fees: For serving all summons m civil cases, for each defendant, in- cluding the copy required by law, one dollar. For summoning a jury of twelve or less before a justice, one dollar and fifty cents; for each additional juror abovo twelve, twenty-five cents. For taking any bond required by law to be taken, fifty cents. 28T COUNTY GOVERNMENT. Act 837, § 198 For summoning each witness, twenty-five cents. For serving an attachment or levying an execution on the property of a defendant, one dollar and fifty cents. For summoning and swearing a jury to try the rights of property, and making a verdict, two dollars. For receiving and taking care of property on execution, order or attachment, his actual necessary expenses, to be allowed by the justice who issued the order, attachment or execution upon the aflidavit of the constable that the charges are correct and that the expenses were necessarily incurred. For collecting- all sums on execution, three per cent, to be charged against the defendant named in the execution. For serving a warrant or order for the delivery of personal property, or making an arrest in a civil case, one dollar and fifty cents. For making each arrest in criminal cases, two dollars. For every mile necessarily traveled, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the most distant, if they live in the same direction. For sales of estrays, the same fees as for sales on execu- tion. For the transportation of prisoners to the county jail the actual necessary expenses. For attending a justice's court and taking charge of a jury and prisoner when required two dollars for each day of actual attendance upon the court. For all other services the same fees as are allowed sher- iffs for like services. 15. Each member of the board of supervisors four hun- dred dollars per annum and twenty cents per mile for trav- eling from his residence to the county seat, also his actual necessary expenses while acting as ex-officio road overseer or commissioner not to exceed three hundred dollars in any one year. [Amendment approved March 20, 1905; Stats. 1905, p. 544. In effect January 1, 1907.] Sec. 198. In counties of the forty-first class the county officers shall receive, as compensation for tne str- Act 837, § 198 COUNTY GOVERNMENT. 288 vices required of them by law or by virtue of their offices, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and act- ual traveling expenses incurred in the pursuit or arrest of criminals, either iu or out of his county. 3. The recorder, one thousand five hundred dollars per an- num. 4. The auditor, one thousand dollars per annum. 5. The treasurer, one thousand five hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, which shall be in full for all services as tax collector and as license collector. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter alloAved by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand two hun- dred dollars per annum, and actual traveling expenses when visiting the schools of his c.ounty. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. In counties of this class the township officers shall receive the following compensation, to wit: In townships having a population of three thousand or more, justices of the peace and constables shall each receive a monthly salary of sixty dollars per month. In townships having a population of fifteen hundred and less than three thousand, the justices of the peace and con- stables shall each receive a monthly salary of forty-five dollars per month. In townships having a population of eight hundred and less than fifteen hundred, the justices of the peace and con- stables shall each receive a monthly salary of thirty-five dollars per month. In townships having a population of five hundred and less than eight hundred, the justices of the peace and con 289 COUNTY GOVERNMENT. Act 837, $ 199 stables shall each receive a monthly salary of fifteen dollars per month. In townships having a population of less than five hun- dred, the justices of the peace and constables shall each re- ceive a monthly salary of five dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that, in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside if his township, for service of a warrant of arrest or any other paper in a criminal case, such fees as they are now or may be hereafter allowed by law, for transporting pris- oners to the county jail, the actual expenses of such trans- portation; and, provided further, that for the purpose of this act, the population of the several townships, shall be ascertained by multiplying the number of registered voters at the last general election by five. But said jus-. tices of the peace and constables may retain for their own use, the fees allowed by law in civil cases. 14. Each member of the board of supervisors, five hun- dred dollars per annum, and his necessary expenses when attending to the business of the county oth^r than thl< a shall receive the following monthly sal- aries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in crim- inal eases: In townships having a population of more than nine hundred, seventy-five dollars per month; in townships having a population of less than nine hundred and more than five hundred, fifty dollars per month; in townships having a population of less than five hundred, twenty dol- lars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveviii: 200 COUNTY GOVERNMENT. Act 837, § 205 prisoners to the county jail. In addition to the compensa- tion received in criminal cases, each constable shall re- ceive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 15. Each supervisor, five dollars per day while attending sessions of the board and while engaged in the perform- ance of the duties of road commissioner, and mileage at the rate of twenty cents per mile for traveling from resi- dence to county seat in attendance upon a regular session of the board. 16. Official reporters, same as now provided by law. This act, so far as it relates to counties of the forty- seventh class, shall take effect immediately as to the offices of justices of the peace and constables, but shall not affect the compensation of other officers during the present term of office. [Amendment approved March 23, 1901. Stats. 1901, 784. In effect partly immediately and partly 12 M. on first Monday after January 1, 1903.] Sec. 205. The county officers shall receive as compen- sation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, twenty-five hundred dollars per annum. 3. The recorder, one thousand dollars per annum; •provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist, who shall be appointed by the recorder, and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly install- ments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid. This sec- tion shall take effect immediately in so far as it relates to the salary of said copyist. 4. The auditor, six hundred dollars annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum, and ten per cent on all licenses collected by him as license col- lector. Act &37, § 205 COUNTY GOVERNMENT. *» 7. The assessor, one thousand five hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the assessor one deputy, to be appointed by him, who shall receive the salary of seventy- five dollars per month for not exceeding four mouths in any calendar year, said salary to be paid by said county in monthly installments, at the same time and in the same man- ner, and out of the same fund as the salary of the assessor is paid. This section shall take effect immediately in so far as it relates to the salary of said deputy. 8. The district attorney, one thousand two hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter * e allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of this county. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law. 15. Each supervisor, six dollars per day when the board is in a session, not to exceed three hundred dollars per year, exclusive of mileage, and twenty-five cents per mile for trav- eling one way only from his residence to the county seat at each sitting of the board; and his necessary exp( ases while supervising the roads of his district, or attending to the business of the county, other than the meetings of the board, not to exceed the sum of four hundred and sixty dol- lars per annum. This section shall take effect immediately in so far as it relates to the necessary expenses of supervis- ors while supervising their roads, or while engaged in at- tending to the business of the county other than the meet- ings of the board. 16. In counties of this class, the official reporter of the superior court shall receive, as lull compensation for taking 301 COUNTY GOVERNMENT. Act 837, § M notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, and at coroner's inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after the conclusion of trial, then he shall receive the sum of ten cents per folio for original, and five cents per folio for copies required; said compensation for transcription in criminal cases to be au- dited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasurer; and in civil eases, to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as ^he court may direct. He shall also be allowed his actual traveling expenses when reporting out- side the county seat. [Amendment approved March 20, 1905; Stats. 1905, p. 333. In effect in part immediately and in part in sixty days.] Sec. 206. In counties of the. forty-ninth class, the county officers shall receive as compensation for their ser- vices required of them by law, or by virtue of their offices, the following salaries, to wit: 1. The county clerk, twelve hundred dollars per annum, except in the years where a general election is held, and in such years he shall receive fifteen hundred dollars per annum. 2. The sheriff, thirty-eight hundred dollars per annum. 3. The recorder, twelve hundred dollars per annum, pro- vided that such recorder shall collect and pay into the county treasury for the use and benefit of the county, the fees re- quired by law to be so collected; and, provided, that when the amount "of said fees collected shall exceed one hundred dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one half of all fees in excess of one hundred dollars in any month, so collected; and, provided, that the recorder may retain for his own use, all fees collected for filing or recording proofs of labor or notices of location of mining claims. 4. The auditor six hundred dollars per annum. 5. The treasure-, twelve hundred dollars per annum. 6. The tax collector, one thousand dollars per annum and ten per cent on all licenses collected by him. . 7. The assessor, one thousand six hundred and fifty dollars per annum. Act S37, § 20? COUNTY GOVERNMENT. M)» 8. The district attorney, one thousand four hundred dollars ]>< r annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred dollars per annum and actual traveling expenses while visiting the schools of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 1 !. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors five dollars per day for each day's actual service while the board is in session and ten cents per mile for each mile necessarily trav- eled to and from the place of meeting; also three dollars per day for each day's service while serving as road commis- sioner. Such compensation, as road commissioner, not to exceed three hundred dollars per annum. 16. Grand jurors and jurors in the superior court in crimi- nal cases shall be paid three dollars per day for each day's attendance and for each mile actually traveled in going only, while actittg as such juror, fifteen cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of such juror for said per diem and mileage, and the treasurer shall pay the same. The provisions of section two hundred and six of this act, so far as the same relates to fees of jurors, shall take effect on August 1, 1901. This act shall take effect and be in force from and after its passage. [Amendment approved March 20, 1905; Stats. 1905, p. 373. In effect partly at once, and in part August 1, 1901.] Sec. 207. In counties of the fiftieth class, the county of- ficers shall receive as compensation for the services required 303 COUNTY GOVERNMENT. Act S?,T, J 207 of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum, ex- cept in the years when a general election is held, and in such years, he shall receive two thousand three hundred dollars per annum. 2. The sheriff four thousand dollars per annum. 3. The recorder one thousand eight hundred dollars per an- num. 4. The auditor four hundred dollars per annum. 5. The treasurer one thousand six hundred dollars per annum. 6. The tax collector seven hundred fifty dollars per annum. 7. The assessor one thousand eight hundred dollars per annum. 8. The district attorney one thousand five hundred dollars per annum. 9. The coroner such fees as are now or may hereafter be allowed by law. 10. The public administrator such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools eight hundred dollars per annum, and actual traveling expenses when visiting tha schools of the county. 12. The surveyor such fees as are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may here- after be allowed by law. 14. Constables such fees as are now or may hereafter be allowed by law. 15. Each supervisor eight dollars per day while the board is in session, and mileage from residence to the county seat at each sitting of the board of 20 cents per mile; also twenty cents per mile for each mile actually and necessarily trav- eled in discharging the duties of road commissioner, but he shall not in any one year receive more than three hundred dollars for per diem as supervisor, and he shall not in any- one year receive more than three hundred dollars as road commissioner. § 208 COTjNTY GOVERNMENT. *>4 16. The license collector ten per cent of all licenses col- lected by aim. Tli is act so far as it relates to counties of this class, shall not affect the compensation of officers during the present [term] of office, except as herein otherwise specially pro- vided. [Amendment approved March 20, 1905; Stats. 1905, p. 325. In effect in sixty days.] Sec. 208. In counties of the fifty-first class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, one thousand five hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, one thousand dollars per annum; provided; that in counties of this class there shall be and is hereby allowed to the recorder a copyist, who shall be appointed by the recorder, and paid the salary of fifty dollars per month; said salary to be paid by said county in monthly install- ments, at the time and in the same manner, and out of the same fund as the salary of the recorder is paid. This section shall take effect immediately in so far as it relates to the salary of said copyist. - 4. The auditor, five hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license col- lector. 7. The assessor, one thousand five hundred dollars per an- num ; provided, that in counties of this class there shall be and is 1h r< by allowed to the assessor one deputy, to be ap- pointed by him, who shall receive the salary of seventy-five dollars per month for not exceeding four months in any cal- ; 30S COUNTY GOVERNMENT. Act 837, § 1103 endar year, said salary to be paid by said county in monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the assessor is paid. This section shall take effect immediately in so far as it re- lates to the salary of said deputy. 8. The district attorney, one thousand two hundred dol- lars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, fifteen hundred dollars ($1500) per annum, and actual traveling expenses when visiting the schools of this county. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may hereafter be allowed by law. 15. Each supervisor, six dollars per day when the board is in a session, not to exceed three hundred dollars per year, exclusive of mileage, and twenty-five cents per mile for trav- eling one way only from his residence to the county seat at each sitting of the board; and his necessary expenses while supervising the roads of his district, or attending to the business of the county, other than the meetings of the board, not to exceed the sum of four hundred and sixty dollars per annum. This section shall take effect immediately in so far as it relates to the necessary expenses of supervisors while supervising their roads, or while engaged in attending to the business of the county other than the meetings of the board. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and Criminal cases tried in said court, and for preliminary examinations in justices ' courts, and at coroners Gen. Laws— 20 Act 837, { 209 COUNTY GOVERNMENT. 80« inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after conclusion of trial, then he shall receive the sum of ten cents per folio for origi- nal, and five cents per folio for copies required; said com- pensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. He shall also be al- lowed his actual traveling expenses when reporting outside the county seat. [Amendment approved March 20, 1905; Stats. 1905, p. 320. In effect in part immediately and in part, in sixty days.] Sec. 209. In counties of the fifty-second class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, eight hundred dollars per annum. 4. The auditor, six hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, seven hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. Xfi COtttfTT GOVERNMENT?. Act 837. 8 210 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, two hun- dred and fifty dollars per annum; mileage from residence to county seat at each sitting of the board, twenty cents per mile. [Amendment approved March 23, 1901. Stats. 1901, 790. In effect 12 M. on first Monday after January 1, 1903.] Sec. 210. In counties of the fifty-third class the county officers shall receive, as compensation for the services re- quired by taem by law or by virtue of their offices, the fol- lowing salaries, to wit: 1. The county clerk, sixteen hundred dollars per annum. 2. The sheriff five thousand per annum and mileage for ser- vice of any and all processes required by law to be served by him, at the rate of ten cents per mile for every mile neces- sarily traveled in the performance of such duty, and for ser- vice of all processes issued from all courts outside of his county. 3. The recorder, eight hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. Act 837, § 210 COUNTY GOVERNMENT. ** 13, Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of county officers are paid, which shall be in full compensation for all services rendered, as hereinafter provided. In townships having a population of three thousand or more, eighty-five dollars per month, which said salary shall be in full com- pensation for all services rendered by said justices of the peace in both civil and criminal eases, and all such fees as are allowed by law in civil cases shall be paid by said jus- tices of the peace into the county treasury, as the fees of county officers are paid in. In townships having a popula- tion of not less than two thousand and under three thou- sand, thirty dollars per month, which shall be in full com- pensation for all services rendered in criminal cases. In addition to the above salary, each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of not less than one thou- sand and under two thousand, twenty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary, each jus- tice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be here- after allowed by law. In townships having a population of less than one thousand, fifteen dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are or may be hereafter allowed by law. The board of supervisors shall determine the popula- tion of each township for the purpose of fixing the salary of the township officers, aforesaid. 14. Constable, such fees as are now or may be hereafter allowed by law. m COUNT"? GOVERNMENT. Act 83?, 5 ill 15. Each member of the board of supervisors, six dollars per day when board is in session; thirty cents per mile, one way. Three dollars per day when actually serving as road commissioner, not to exceed three hundred dollars. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a salary of ten dollars per diem during employment, payable out of the coun- ty treasury, at the same time and in the same manner as the salaries of county officers, and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation by transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treas- ury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. [Amend- ment approved March 20, 1905; Stats. 1905, p. 439. In ef- fect in sixty days.] Sec. 211. In counties of the fifty-fourth class, the county otficers shall receive, as compensation for the ser- vices required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand three hundred dollars per annum; provided, that in years when a great register is ordered the county clerk shall receive in addition to his regular salary the sum of four hundred dollars for such services. 2. The sheriff, two thousand five hundred dollars per annum, and twenty-five cents mileage, in going only. 3. The recorder, four hundred dollars per annum; pro- vided, that the recorder may retain to his own use all fees paid him for recording notices of location of mining claims and affidavits of annual expenditures upon mining claims, Act &tt, i 211 COUNTY GOVERNMENT. ?l" made under the laws of congress; and further provided, that, all acts of the recorder of counties of this class in retain ing to his own use any fees for recording notices of loca- tion of mining claims and affidavits gt annua] expendi- tures upon mining claims, made under the laws of eongi whether done as mining recorder or as recorder, are hereby validated and declared legal, and that such recorder may continue to retain to his own use such fees, and this act in so far as it relates to the matter enumerated in the last preceding division thereof shall take effect immediately upon its passage. 4. The auditor, three hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, three hundred and fifty dollars per annum. 7. The assessor, one thousand six hundred dollars per annum. 8. The district attorney, one thousand dollars per an- num, and his necessary traveling expenses, to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be here- after allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, six hundred and twenty-five dollars per annum, and actual traveling ex- penses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, three hundred and fifty dollars per annum, and twenty cents per mile for traveling to and from his residence to the county seat at each session. When traveling by ordt r of the board upon county busi- ness, each supervisor shall be allowed his actual Itemized expenses. For all services as road commissioner, each supervisor shall receive three dollars per day, but lie shall not in any one year receive more than five hundred dollars as supervisor. 16. The license collector, such compensation as the board of supervisors shall fix. [Amendment approved March 20, 1905; Stats. 1905, p. 523. In effect in p«rt immediately and in part in sixty days.] 311 COUNTY GOVERNMENT. Act 837, 5 212 Sec. 212. In counties of the fifty-fifth class, the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their offiees, the fol- lowing salaries, to wit: 1. The county clerk, nine hundred dollars per annum. 2. The sheriff, twelve hundred dollars per annum. 3. The recorder, six hundred dollars per annum. 4. The auditor, three hundred dollars annum. 5. The treasurer, nine hundred dollars per annum. 6. The tax collector, nine hundred dollars per annum. 7. The assessor, six hundred dollars per annum. 8. The district attorney, nine hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, three hundred dollars per annum and twenty cents per mile in traveling from his residence to the county seat, going only; provided, that only one mileage shall be allowed for any regular session of the board. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for tak- ing notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts and at coroners' inquests, a monthly salary not to exceed fifty dollars, pa\ T able out of the county treasury, at the same time and in the same manner as the salaries of county of- ficers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the orig- inal and five cents per folio for a copy; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as ^other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly bv u .; parties, as the court may direct. :l 837, § 213 mi'NTY GOVERNMENT. BeC; 2'",. Tii counties of the fifty-sixth class the county officers shall re eeive, as compi nsation for the services re- quired of them by law or by virtue of their offices, the fol- lowing salaries, to wit : 1. The county clerk, twelve hundred dollars per annum. 2. The sin riff, twenty-six hundred dollars per annum. 3. The recorder, six hundred dollars per annum. I. Tin auditor, two hundred dollars pel annum. 5. The treasurer, one thousand dollars per annum, (i. The tax collector, five hundred dollars per annum. 7. The assessor, twelve hundred dollars p< r annum. 8. The district attorney, nine hundred dollars per annum. '.». The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may he hereafter allowed by law. II. The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peace, such fees as are now or may be hen. 'Iter allowed by law. 14: Constables, such feeB as are now or may be here- after allowed by law. 15. Each member of the board of supervisors, six dollars per day during session, and thirty cents per mile one way to board meeting; three dollars per day (no mileage) as road commissioner when actually engaged in road business. 16. In counties of this class the official reporter of the Superior court shall re - full compensation for tak- iiiit.s in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a per diem of eight dollars; and for transcription of said notes when required during the progress of the trial, he shall receive the sum of twenty cents per folio for the original and five cents per folio for one copy; but if such tran- scription is not required until after conclusion of trial, then he shall receive the sum of ten cents per folio for original, and three cents per folio for copies required; said Compensation for transcription in criminal cases to be au- dited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil caseB, to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 313 COUNTY GOVERNMENT. Act 837, §§ 214, 214 Vs Sec. 214. In counties of the fifty-seventh class the county officers shall receive, as compensation for the services re- quired of them by law or by virtue of their office, the fol- lowing salaries, to wit: 1. The county clerk, five hundred dollars per annum. 2. The sheriff, five hundred dollars per annum. 3. The recorder, three hundred dollars per annum. 4. The auditor, two hundred dollars per annum. 5. The treasurer, three hundred dollars per annum. 6. The tax collector, three hundred dollars per annum. 7. The assessor, three hundred dollars per annum. 8. The district attorney, three hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one hundred dollars per annum. 12. The surveyor, such fees as are now or may be here- after allowed by law. 13. Justices of the peaee, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat, going only, and only one mileage shall be allowed for any regular session of the board; and, when serving as road commissioner, three dol- lars per day. Such per diem not to exceed the total sum of fifty dollars per annum. Provided, however, that five per cent only shall be al- lowed the sheriff or tax collector as fees for collecting li- censes in counties of this class. Sec. 214%. Public welfare and present necessity, in the counties of the classes below named, requiring that in counties of the first, second, third, and fourth classes in this state there should be an official matron of the several county jails there, to have the powers and to discharge the duties herein specified, the office of matron of the county jail, in and for each of the counties of the classes above named, is hereby created, and the duties and powers of the matron of such several county jails shall be as follows: She shall have free access at all reasonable times to the immediate presence of all female prisoners in the county jail of which Act 837, § OS, COUNTY GOVERNMENT. S14 she is the matron, including the right of personal visitation and conversation with them; and, in all cases of searching the person of female prisoners in such jail, the matron exclu- sively shall make such search; and the matron shall by ex- ample, advic-. and admonition employ her best abilities to secure and promote the health, welfare, and reformation of all such prisoners. The term of office of such matron shall be two years from her appointment and qualification and until her suc- cessor is appointed and qualified. The sheriff of each county (oi the classes above named) is hereby authorized and empowered to appoint, and to provide for the payment of the compensation of, a matron of the county jail of the county of which they arc such board, and to specify the conditions, and fix the amount of the matron's official bond, to be approved by such board. The monthly compensa- tion of such matron in the several counties of the classes above mentioned (regulated hereby in proportion to the duties to be discharged) shall be as follows, payable monthly: In counties of the first class, seventy-five dollars; in coun- ties of the second class, fifty dollars; in counties of the third class, forty dollars; in counties of the fourth class, thirty- five dollars, and in counties of the fifth class, thirty dollars. To further the carrying into effect of the authority above conferred and in the furtherance of the discharge of the duties of the matrons of such county jails, it is hereby en- acted that no officer, deputy, jailer, keeper, guard or per- son having charge or control of any such county jail shall refuse the duly appointed and qualified matron thereof free access at all reasonable times to the immediate pres- ence of all female prisoners therein, including the right of visitation and conversation with them, or in such jail allow the searching of the person, in the ease of a female prisoner, to be made except by the matron of such jail, or obstruct the performance by the matron of her official duties in such jail as those duties may be specified under the provisions of this act or of law. [New section approved March 2'.\, 1901, Stats. 1901, 681. In effect immediately.] Sec. 215. The salaries and fees provided in this act shall be in full compensation for all services of every kind and description rendered by the officers herein named either as officers or ex-officio officers, their deputies and as- sistants, unless in this act otherwise provided, and all dep- uties employed shall be paid by their principals out of the salaries hereinbefore provided, unless in this act otherwise SIS COUNTY GOVERNMENT Act 837, § 215 provided; provided, and except that where an assistant dis- trict attorney has been heretofore appointed in any county, either under the provisions of subdivision thirty-six of sec- tion twenty-five, or under any ether provisions of an act entitled "An act to establish a uniform system of county and township government," approved March twenty-fourth, eighteen hundred and ninety-three, and such assistant is continued by the provisions of this act, cither as an as- sistant or deputy in such county, then such deputy or as- sistant shall be paid out of the funds of such county, as heretofore or herein provided; the assessor shall be entitled to receive and retain for his own use six per cent on per- sonal property tax collector by him, as authorized by section thirty-eight hundred and twenty of the Political Code, and fifteen per cent of all amounts collected by him for poll taxes, and road poll taxes, and also five dollars per hun- dred names of persons returned by him as subject to mili- tary duty, as provided in section nineteen hundred and one of the Political Code, and the license collector shall be en- titled to receive and retain for his own use ten per cent on all licenses collected by him, except where otherwise pro- vided in this act ; provided, however, that in counties and cities and counties of the first, second, and third class, the assessor shall receive no commission for the collection of taxes on personal property, nor shall such assessor receive any compensation for making out military roll of persons returned by him as subject to military duty as provided by section nineteen hundred and one of the Political Code; nor shall the license collector in cities and counties of the first class and counties of the second class receive any commission on licenses collected by him except the commis- sions on state liquor licenses; provided, that the treasurer shall receive and retain for his own use the commissions on all inheritance and transfer taxes collected by him, and provided further, that whenever the treasurer of any county shall employ a special attorney for the collection of such taxes said attorney shall be paid out of the commis- sions and fees allowed by law for the collection of such taxes; provided that in any county where the number of judges of the superior court shall have been increased since the first day of January, eighteen hundred and ninety-seven, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one additional deputy, to be appointed bv the sheriff, at a salary not exceeding twelve hundred dollars per annum, to be paid at the same time Act 837, § 216 COT'NTY GOVERNMENT. and in the same manner as other county officers are paid; and also there must be ami is hereby allowed to the county ilc rk of Bach county, one additional deputy to act as court- room clerk, for each judge so appointed or elected, at a salary no1 < xceeding twelve hundred dollars per annum for each of said deputies, to be paid at the same time and in Hi. same manner as other county officers are paid. The board of supervisors shall allow to the sheriff his necessary expenses lor pursuing criminals, or transacting any crim- inal business, and for boarding prisoners in the county jail; provided that the board of supervisors shall fix a reason- able price at which such prisoners shall be boarded, if not otherwise provided for in this act; provided, further, that tin- shrrin shall he entitled t<> receive ami retain for his own use, five ilnllars per diem for conveying prisoners to ami from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions not otherwise provided for by law; also, all expenses neces- sarily jncurred in conveying insane persons to and from the Sylums, and in conveying persons to and from the state prisons, or other state institutions, which per diem ami ' cpenses shall be allowi .1 by the board of examiners, Collected from the state. The court shall also allow the slurill* his necessary expenses in keeping ami preserving property seized on attachment or executions, to be paid out of the fees collected in the action. The sheriff may retain for his own use the mileage for service of papers or proci ss issued by any court of the state. Provided further that the county treasurers of the sev- eral counties of this state, where their necessary expense incurred in the making of the state settlements provided for by Bection 3866, Political Code, shall exceed the maxi- mum amount of mileage allowed them by section 3876 of the Political Code, shall be allowed out of the county treasury of their respective counties, the amount of such 38, which shall be paid as other demands against the count v are pai.1. [Amendment approved March 21, 1905; ts. 1905, p. 582. In effect in sixty days.] PEES TO BE PAID INTO THE COUNTY TREASUBY. Sec. 216. All salaried officers of the several counties of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, c.l the t'nsi fcionday in each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a 317 COUNTY GOVERNMENT. Act 837. J J 217-2U' percentage thereof, is allowed such officers, and excepting also such fees as are a charge against the county. FEE BOOK. ' Sec. 217. Each of the officers authorized to receive fees under the provisions of this act must keep a fee book, open to the public inspection during office hours, in which must be entered, at once and in detail, all fees or compensa- tion, of whatever nature, kind, or description, collected or chargeable. On the first Monday of each and every month, the officer must add up each column in his book to the first day of the month, and set down the totals. On the expira- tion of the term of such officer, he must deliver all fee books kept by him to the county auditor. STATEMENT OF FEES. Sec. 218. The fees and compensation collected and chargeable for the county in each month shall be- paid to the county treasurer on the first Monday in the fol- lowing month, and must be accompanied by a statement of the aggregate amount thereof, as shown by the fee book, duly verified by the officer making such payment. The affidavit shall be in the following form: "I, A. B., county clerk (or other officer, as the case may be), do swear that the fee book in my office contains a true statement in detail of all fees and compensation of every kind and na- ture for official services rendered by me, my deputies, and assistants, for the month of , A. D. , and that said fee book shows a full amount received or chargeable in said month, and since my last monthly payment; and neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official ser- vice, except for the county, which is not fully set out in said fee book, and that the foregoing statement thereof ia true and correct. ' ' The treasurer shall file and preserve in his office said state- ments and affidavit. SALAEY FUND. Sec. 219. For the purpose of paying the salaries pro- vided for in this act, all fees directed to be paid into the county treasury shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment of said salaries. Should the amount received from Act 837, §§ 220-223 COfXTY GOVERNMENT: J18 such source be insufficient, it shall be the duty of the county treasurer from time to time to transfer to said fund from the general fund of the county such sums as may be necessary to pay said salaries as they become due. SALARIES— HOW PAID. 220. The salaries of such officers named in this act as are entitled to salaries shall be paid monthly out of the county treasury; and it shall be the duty of the auditor, im the first Monday of each and every month, to draw his warrant upon the county treasurer in favor of each of Bald officers Cor the amount of salary due him under the provisions of this act for the preceding month; except that one-half of the annual salary of the assessor shall be paid to him in equal monthly installments for the months of March, April, May, and June, and one-half in equal monthly installments for the remaining eight months of the year. The treasurer shall pay said warrants on presentation out of the salary fund of the county treasury. STATEMENT OF FEES MUST PRECEDE WARRANT FOR SALARY. Sec. 221. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have presented him with the certificate of the county treasurer, showing that he has made the statement and settlement for that month required in this act. OFFICIAL SERVICES AND FEES. Sec. 222. The officers mentioned in this act are not in any case, except for the state or county, to perform any oilieial services, unless upon the prepayment of fees pre- scribed for such services, except in cases on habeas corpus and for naturalization, and on such payment the officer must perform the services required. For every failure, or re- fusal to perform official duty when the fees are tendered, the officer is liable on his official bond. ACCOUNT AND RECEIPT FOR FEES. Sec. 223. Every officer, upon receiving any fees for official duty or service, may be required by the person paying the same to make out, in writing, and deliver to such per- son a particular account of such fees, specifying for what they, respectively, accrued, and shall receipt the sunn ; and 314 COUNTY GOVERNMENT. Act 837, §§ 224-228 if he refuse or neglect to do so when required, he shall be liable to the party paying the same in treble the amount so paid. POSTEE OF FEES OF JUSTICES. Sec. 224. It shall be the duty of each justice of the peace to prepare, and keep posted in a conspicuous place in his office, a plain and legible statement of the fees al- lowed by law to justices of the peace and constables, upon pain of forfeiting, for failure so to do, fifty dollars, to be recovered, with costs, by any person, before any other justice of the peace of the county. ILLEGAL FEES. Sec. 225. The board of supervisors, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant. SERVICES PERFORMED BY SUCCESSOR. Sec. 226. It shall be the duty of all officers in this act named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value for such services. NO FEES ON HABEAS CORPUS. Sec. 227. No fee or compensation of any kind must be charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus or nat- uralization, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for serv- ice rendered in an affidavit or application relating to the securing of a pension or the payment of a pension voucher, or any matter relating thereto, nor filing nor swearing to any claim or demand against any county in this state. Sec. 228. The following are county charges: 1. Charges incurred against the county by virtue of any of the provisions of this act. 2. The traveling and other personal expenses of the dis- trict attorney, incurred in criminal cases arising in the county, and in civil actions and proceedings in which the> county is interested, and all other expenses necessarily in- Act 837, §§ 220, 230 COUNTY GOVERNMENT. 320 curred by him in the detection of crime and prosecution of criminal eases, and in civil actions and proceedings and all other matti ra in which the county is interested. 3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. 4. The sums required by law to be paid to the grand and trial jurors and witnesses in criminal cases. 5. The accounts of the coroner of the county for such services as are not provided to be paid otherwise. 6. All charges, and accounts for services rendered by any justice of the peace in the examination or trial of persons charged with crime, not otherwise provided for and allowed by law. 7. The necessary expenses incurred in the support of the county hospitals, poorhouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the county. 8. The contingent expenses necessarily incurred for the use and benefit of the county. 9. Every other sum directed by law to be raised for any county purpose under the direction of the board of super- visors, or declared to be a county charge. 10. The fees of constables in criminal eases allowed by law. COST OF CRIMINAL ACTIONS ON REMOVAL. Sec. 229. When a criminal action is removed before trial, the cost accruing upon such removal and trial shall be a charge against the county in which the indictment or Information was found. COSTS ON REMOVAL— HOW CERTIFIED AND PAID. See. 230. The clerk of the county to which such action is removed shall certify the amount of costs allowed and certified by the court to the auditor of his county, and such auditor shall audit the same and draw his warrant therefor upon the treasury of the county from which such action was removed; and such auditor shall forward to said treas- urer and auditor of the county from which said action was transferred, as aforesaid, a certified copy of the total amount of costs allowed by the court, giving each item as certified to him by the county clerk and the court; and the auditor receiving such certified copy of said costs allowed shall enter the same in his book as a charge against the 321 COUNTY GOVERNMENT. Act 837, §§ 221-211 treasury of his county; and the county treasurer of the county from which said action was removed must, imme- diately upon presentation, pay said warrant out of the general fund of said county; or, if at the date of presenta- tion there is not sufficient money in the said general fund to pay the same, he must indorse upon said warrant, "Not paid for want of funds," and said warrant must be reg- istered, and shall draw interest at the same rate, and be paid in the same manner, as though it had been drawn by the auditor of the county where the indictment was found. Sec. 231. Counties created or organized after the pas- sage and approval of this act shall immediately come under and be governed by its provisions, so far as the same are applicable thereto. When the population of any existing county shall have been reduced, by reason of the creation of any new county from the territory thereof, be- low the class and rank first assumed hereunder, it shall be the duty of the board of supervisors of such county to desig- nate by order the class to which such county has been re- duced by reason thereof, and such county shall thereafter enter the list of such class; provided, that the salary of county officers shall not be affected by reason of such di- vision of the county or order of the board, for the term for which they were elected and qualified. In any newly created county, for the purpose of fixing the salaries and fees of county and township offices, the board of commissioners ap- pointed to organize said new county, and if no commis- sioners be appointed, then the board of supervisors of said new county, shall classify said new county according to the population classification of this act. In each case the pop- ulation shall be numerically fixed, and when so fixed shall be certified to the secretary of state by the board fixing the same. Sec. 232. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 233. The provisions of sections one hundred and fifty-eight to two hundred and fourteen, inclusive, of this act, so far as they change the compensation of any officer therein named, heretofore paid a fixed salary, or hereto- fore paid a fixed salary and commissions, and not fees or per diem, shall not affect incumbents, unless otherwise pro- vided in any of said sections. Sec. 234. This act, except as otherwise herein provided, shall take effect and be in force sixty days from and after its passage. Gen. Laws — 21 Acts 840, 841 COURTS. *" TITLE 117. COURTS. ACT 840. An act appropriating twenty-five hundred dollars for restor- ing certain records and refitting and refurnishing the office of the clerk of the supreme court in the city of San Francisco. [Approved June 14, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. There is hereby appropriated for the office of the clerk of the supreme court in the city of San Francisco the sum of twentj'-five hundred dollars to enable the clerk of the supreme court to restore certain records and to refit and refurnish his office and to purchase necessary blanks and printed booka and stationery and such other items as may be necessary, all being necessary because of the destruction of records and other property by fire. Sec. 2. Such restoration of records, refitting and re- furnishing shall be made and done under the supervision of the clerk of the supreme court. Bills for the same shall be presented to the state board of examiners and when al- lowed by said board the state controller shall draw his warrants therefor against this appropriation and the state treasurer shall pay the same. See. 3. This act shall take effect immediately. ACT 841. An act to appropriate money for- the purpose of supplying suitable furniture, furnishings, stationery and supplies for the district court of appeal of the first district. [Approved June 14, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Four thousand dollars is hereby appropriated out of any money in the state treasury not otherwise ap- propriated, for the purpose of supplying suiiable furniture, furnishings, stationery and supplies for the use of the dis- trict court of appeal of the first district in the city and county of San Francisco. Said money shall be expended iui.lt r the direction of a majority of the justices of the said court. Sec. 2. This act shall take effect immediately. 323 COYOTE SCALPS— CRESCENT CITY. Acts 848- s:e ACT 842. Regulating practice in supreme court. [Statv, 1871-2, p. 391.] Superseded by the constitution of 1S79. ACT 843. Determining who must act as chief justice of the supreme court. [Stats. 1871-2, p. 364.] Superseded by the constitution of 1879. ACT 844. To transfer record* etc.. from thp courts existing prior to 1879. [Stats. 1880, p. 2.] This act appears in full in Code of Civil Procedure, Appen-J.x, p. 782 ACT 845. Authorizing indsres of sunerior court in counties, and ci'ie<= and counties, having a population of two hundred thou- sand or over, to appoint a secretary. [Stats. 1895, p. 98.] Thl« art apppars in full in Code of Civil Procedure, Appendix, p. 764. ACT 846. To confer upon the superior court of ^ach county powers heretofore rtossessed hy the district, county and probate courts. [Stats. 18S0, p. 23.] Other acts relating to courts can be found In the Appendix to the Code of Civil Procedure, pp. 763 et seq. TITLE 118. COYOTE SCALPS. ACT 851. Fixing a bountv on coyote scalps. [Approved March 31, 1891. Stats. 1891, p. 280.] Repealed 1S9R. l. Cal. Rep. Clt. 141, 355; 144, 6S3; 144, 686; 144, 6S9; 144, 693; 144, 694; 144, 696. TITLE 119. CRESCENT CITY. ACT 856. To incorporate. [Stats. 1854, 197.] Amended 1857, 56, 223; 1858, 233. Acts S57-S63. §§ 1-3 CRIMINAL LAW. 324 ACT 857. Authorizing location of townsite of. [Stats. 1859, p. 24.] Amended 1SG0, 279; 1862, 226. ACT 858. Ceding lands to. [Stats. 1867-8, p. 335.] Amended 1SU9-70, 131. This act granted to Crescent City its waterfront. ACT 859. Relating to the road, poll and property tax in. [Stats. 1877-8, 204.] Cal. Rep. Cit. 59, 549. TITLE 120. CRIMINAL LAW. ACT 863. An act to create a state bureau of criminal identi fixation, providing for the appointment of a director os said bureau, denning his duties, qualifications and powers, providing for the appointment of a clerk of said bureau, and fixing his qualification, fixing the compen- sation of said director and clerk, and provided for the manner of paying the same, and providing for the expense of conducting the office. [Approved March 20, 1905. Stats. 1905, p. 520.] Section 1. There is hereby created a state bureau of criminal identification, to be known as "The Bureau of Criminal Identification of the State of California." See. 2. There shall be a director of said bureau ap- pointed by the board of prison directors of the State of California at the first regular meeting held by them after the passage of this act whose official designation shall be "The Director of the State Bureau of Criminal Identifica- tion of the State of California," and whose term of office shall bo during the pleasure of the board of prison directors. Sec. 3. It shall be the duty of said director, immedi- ately upon assuming his office to file for record and report in his office all plates, photos, outline pictures, descriptions, information and measurement of all people who have been, or may thereafter be convicted and fined, or imprisoned for violating any of the military, naval, or criminal laws of the United States of America, including the laws in 325 CRIMINAL LAW. Act 863, § § 4, 5 force in any of the territories or possessions of the United States^ or of this or any other state. Sec. 4. It shall be the duty of the director to collect as far as possible and file for record and report in his office all plates, photographs, outline pictures, measurements, in- formation and descriptions of all persons who have been or who hereafter may be, convicted, and imprisoned, fined or otherwise subjected to a penalty ,_ by reason of crimes committed by such persons, in this or any other state, ter- ritory or possession of the United States of America, ard it shall be the duty of the director to use all diligence in procuring the same from the constituted authorities of this or any other states, territories or possessions of the United States of , v merica, and of such municipalities thereof as are engaged in the work of preserving plates, photographs, outline pictures, descriptions, information and measure- ments of persons who have been or who may hereafter be convicted and imprisoned, fined or otherwise punished for crimes committed within any state, territory or possession of the United States of America, and said director shall re- quest the various authorities of the various states, terri- tories and possessions, within the United States, together with the authorities of the municipalities with whom he shall communicate, to transmit to said director a copy of all plates, photographs, outline pictures, descriptions, in- formation and measurements herein provided for, with a duly prepared certificate signed by an authorized officer of the law having knowledge of the facts therein stated, which certificate shall state that the plates, photographs, outline pictures, measurements, information and description of persons forwarded by such officer to the director in ac- cordance with the provisions of this act are the absolute plates, photographs, outline pictures, measurements, infor- mation and descriptions of the very person or persons whose plate, photographs, outline pictures, measurements, information and description may be forwarded by such authorities to the director as herein provided. Provided, that it shall be the duty of said director to use all dili- gence to obtain and file for record in his office the plates, photographs, outline pictures, measurements, or informa- tion or description of any person who is or who may be hereafter, a fugitive from justice or wanted by the author- ities of the United States or of this state by reason of the commission of any crime. Sec. 5. It shall be the duty of said director to file or cause to be filed all plates, photographs, outline pictures, Act 863, §§ 6, 7 CRIMINAL LAW. i2« measurements, information and flescription which shall be received by him by virtue of his office, and he shall make a complete and systematic record and index of the same, providing thereby a method of convenient consultation and comparison. Provided, that it shall be the duty of said director to furnish, upon application, all information per- taining to the identification of any person, or persons, a plate, photograph, outline picture, description, measure- ment or any data of which person there is a record in his office, />ro) iilcd, however, that such information shall be furnished to the United States officers, or officers of other states or territories or possessions of the United States ■ inly authorized to receive the same and to all sheriffs of the State of California which applicant shall be in writ- ing, and be accompanied by a certificate signed by the of- ficer making such application, stating that the information applied for is necessary in the interest of the due admin- istration of the laws, and- not for the purpose of assisting a private citizen in carrying on his personal litigation, or of assisting any person in advancing his personal interest, or in maliciously or uselessly, harassing, degrading or hu- miliating any person or persons. Sec. 6. In this bureau may be used the following sys- tems of identification: The Bertillon, the Depue, the finger- print system and any system 'of measurement that may be adopted by law in the various penal institutions of this state. It shall be the duty of the director to keep on file in his office a record consisting of duplicates of all measure- ments, processes, operations, signalletic cards, plates, photo- graphs, outline pictures, measurements and descriptions of all persons confined in penal institutions of this state as far as possible, in accordance with whatever system or systems may be in vogue in this state, and he shall furnish copies thereof to persons in the manner provided by section 5 of this act. Sec. 7. It shall be the duty of the director to obtain from the wardens, sup< -riiitt ndent or manager of each of the state prisons and other penal institutions of the state, on the last day of each week a copy of all photographs, and descriptions of all persons admitted to and all persons discharged from such institutions during such week, and it is hereby made the duty of all wardens, superintendents and managers of such penal institutions to furnish to said director such photographs and descriptions in such manner 326a CRUELTY TO ANIMALS. Acts 864-872 as to enable such director to perform his duties as herein provided. Sec. 8. The director shall receive a salary of eighteen hundred dollars ($1800) per annum, to be paid in th^ same manner and out of the same fund as state officers are paid. The state board of prison directors is hereby di- rected to provide office room and furniture, stationery and necessary lerical assistance, and all other things which in their judgment are necessary to properly conduct said bureau, to be paid for pro rata out of the current expense funds of the penal institutions under the control of such prison directors. ACT 864. To abolish public executions. [Stats. 1858, 192.] Superseded by Penal Code, sec. 1229. TITLE 121. CEUELTY TO ANIMALS. ACT 869. For the more effectual prevention of cruelty to animals. [Stats. 1867-8, 604.] Continued in force, Penal Code, sec. 23; Political Code, sec. 19; but repealed by act of 1873-4, 502. ACT 870. Providing for the more effectual prevention of cruelty to animals. [Stats. 1871-2, p. 393.] Repealed 1S73-4, 502. ACT 871. For the more effectual prevention of cruelty to animals. [Stats. 1873-4, p. 499.] Amended 1901, 285; 1303, 69. Codified by amendments of 1903 of Code of Civil Procedure, Civil and Penal Codes. See note to § 1208, Code of Civil Procedure, note to § 607, Civil Code, and notes to § § 5y7, 597a, 599a, 599b, 599d, Penal Code. ACT 872. An act to prohibit the use of the bristle bur, tack bur, or other like devices on horses or other animals in this state. [Approved March 13, 1903. Stats. 1903, p. 139.] Act 876, § 1 CRUELTY TO CHILDREN— DAIRIES. t26b The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful hereafter in this state for any one, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle bur, tack bur, or other like device, by whatsover name known or designated, on any said horse or other animal for any purpose whatsoever. Sec. 2. A violation of the provisions of this act shall be deemed a misdemeanor and any one found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment. Sec. 3. All acts and parts of acts in conflict with the pro- visions of this act are hereby repealed. See. 4. This act shall take effect and be in force from and after its passage. CRUELTY TO CHILDREN. See title Infancy, post. TITLE 122. DAIRIES. ACT 876. An act to prevent the sale of dairy products from unhealthy animals and produced under unsanitary conditions; to pro- vide for the inspection of dairy stock, dairies, factories for the production of dairy products and places where dairy products are handled and sold; to improve the quality of dairy prducts of the state; to prevent decep- tion in the sale of dairy products and to appropriate money for enforcing its provisions. [Approved March 20, 1905. Stats. 1905, p. 462.] Section 1. No person or persons, firms or corporations, by themselves or their agents or employes, shall sell, expose for sale or offer for sale, or exchange, present or deliver to any creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any unclean, unwholesome, stale, impure milk, cream, butter, condensed or evaporated milk or other ar- ticle produced from such milk or cream. Neither shall any 326c DAIRIES. Act 876, §§ 1, A person or persons, firms or corporations, by themselves or their agents or employes, sell, expose for sale, or offer for sale, or exchange, present or deliver to any consumer, creamery, cheese factory, milk condensing factory, or any other buyer or con- sumer, any milk, cream, butter, cheese, condensed milk or other products manufactured therefrom, which has been p-oduced in or by a dairy, or factory of dairy products, or that is, or has been, handled in any store or depot that is in an unsanitary condition, or that is produced from cows affected by any disease or from cows within five days after or fifteen days preceding parturition. See. 2. A dairy shall be deemed unsanitary under the mean- ing of this a.et when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, and unhealthy. (&) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter. (c) If the yards or enclosures are filthy or unsanitary, or if any part of such yards or enclosures, other than pastures, are made the depositories of manure in heaps or otherwise where it is allowed to ferment and decay. If the walls become soiled with manure, urine or other filth. (g) If to the interior of cattle stables, barns or milking sheds an application of lime whitewash is not made at least once in two years, or if the managers, or other receptacles from which cows are fed, decaying food or other material is allowed to accumulate. (i) If the pails, cans, bottles or other containers of milk, or its products, strainers, coolers or other utensils coming in con- tact with milk or its products are not sterilized by boiling water or superheated steam each and every time the same are used. (j) If the person or wearing apparel of the dairyman, his employes, or other persons, who come in contact with milk and its products are soiled or not washed from time to time. Sec. 3. A creamery or any factory of dairy products or any store, depot or other place where milk is handled or kept for sale shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, stale or of low grade or inferior quality. (a) If milk or cream is received that has reached an ad- vanced stage of fermentation, or that shows a state of putre- factive fermentation, or if it is received in cans or other con- .VtS;6. §4 DAIRIES. 326a tainers that have not been sterilized by means of boiling water or superheated Steam after each delivery. (b) If the utensils and apparatus that comes in contact with milk or its products in process of manufacture are not thor- oughly washed and sterilized by means of boiling water or su- periieated steam. (c) If the lour is so constructed that permits the flowing or soaking of wUter ; milk or other liquids underneath or among the interstices of such floor where fermentation and decay may take place, or if such lloor may not be readily kept free from dirt. ( his license or a copy thereof certified by the secretary of the board over its seal, and making an affidavit stating his name, age, birthplace, the number of his license and the date of its issue; that he is the identical person named in the license; that before receiving the same he complied with all the preliminary requirements of this statute and the rules of the board of dental examiners as to the terms and the amount of study and examination; that no money other than the fees prescribed by this statute and said rules, was paid directly or indirectly for such license, and that no fraud, misrepresentation or' mistake in a material regard was employed or occurred in order that such license should be conferred. The county clerk shall preserve such affi- davit in a bound volume and shall issue to every licentiate duly registering and making such affidavit, a certificate of registration in his county, which shall include a transcript of the registration. Such transcript and license may be offered as primary evidence in all courts of the facts therein stated. A copy of such certificate of registration shall be sent by the county clerk to the secretary of the board within 'five (5) days after it is made. The county clerk's fees for taking such registration and affidavit and issuing such certificate of registration shall be one (1) dollar. A practicing dentist having registered a lawful authority to practice dentistry in one county of the state, and removing such practice or part thereof to another county shall show or send by it gistered mail to the clerk of such other county his certificate of registration. If such certificate clearly shows that the original registration was of an authority is- sued by the board of dental examiners, or if the certificate or registration itself is indorsed by the secretary of the hoard of dental examiners as entitled to registration, the clerk shall thereupon register the applicant in the register of dentists of the latter county on receipt of a fee of fifty (50) cents, and shall stamp or indorse on such certificate of registration the date and his name preceded by the words "Registered also in County," and return the cer- tificate of registration to the applicant. Any lawfully reg- istered person who shall thereafter change his name accord- ing to law shall register the new name with a marginal note of the former name with the clerk of the county or counties where he is practicing. The clerk shall note upon the margin of his former registration in ink the fact of such change, and a cross-reference to the ney registration. The clerk shall forthwith notify the secretary of the board of such change. Any county clerk who knowingly shall make or suffer to be made upon the register of dentists kept in 333 DENTISTRY. Act 922, §§ 11-r: his office any entry other than that provided for in this act, shall be liable to a penalty of $50 to be recovered by and paid to the said state board of dental examiners in a suit in any court having jurisdiction. Any failure, neglect or refusal on the part of any person holding such license to register the same with the clerk of said county as above di- rected for a period of six months after the issuance thereof shall ipso facto work a forfeiture of his license, and it shall not be restored except upon the payment to said board of twenty-five (25) dollars. Any suspension, revocation or re- instatement of a license shall with the date thereof be forthwith noted by the county clerk on the margin of the registration thereof upon receipt of notice from the secre- tary of the board. [Amendment approved March 20, 1903. Stats. 1903, p. 322. In effect immediately.] See. 11. Eepealed. Stat. 1905, p. 430. Sec. 12. No person shall be eligible for examination by the state board of dental examiners who shall not furnish satisfactory evidence of having graduated from a reputable dental college, which must have been indorsed by the board of dental examiners of California; or who shall not have graduated from a high school or similar institution of learn- ing, in this or some other state of the United States, re- quiring a three years' course of study, and who cannot furnish to the board of dental examiners an affidavit, con- taining his or her name, the name of his or her preceptor, and the names of at least two reputable witnesses, certi- fied to in the state of California before a notary public, showing that he or she has completed an apprenticeship of four years of twelve months each, with a licensed prac- titioner of dentistry, in the state of California, or cannot furnish to said board of examiners a certificate from the state board of dental examiners, or similar body, of some other state in the United States, showing that he or she has been a licensed practitioner of dentistry in that state for at least five (5) years. [Amendment approved March 20, 1903. Stats. 1903, p. 324. In effect immediately.] Sec. 13. From and after the passage of this act any and all persons desiring to enter upon the practice of den- tistry in the state of California, without graduating from a reputable college in the United States, or producing sat- isfactory evidence of having been a licensed practitioner of dentistry in some other state for at least five years, must file with the board of dental examiners an affidavit certi- fied to before a notary public of the state of California, of his intention to begin an apprenticeship with a licensed Act 02?, §§ 14, 15 DENTISTRY. ~> practitioner of dentistry in this state, and the said affidavit must certify that the affiant has regularly graduated from a high school or similar institution of learning in the United States, as provided in Bi Ctioll twelve of this act, and contain in full the names of both affiant and his proposed preceptor and the names of two reputable: witnesses, together with the date of beginning of his proposed term of apprentice- ship; and the board of dental examiners shall issue to affiant a receipt for same. Sic. 1 K Bv< ry person applying to the board of dental examiners for a license to practice d< ntistry shall pay to the board a fee of twenty-five (89) dollars, whieh shall in no case be refunded. Every 1 i <•< used d- ntist shall on or in t'.ire the first day of May of eaeh y< ar, except the one in which' he is licensed, pay to tin -. ei, < irv of the board of dental examiners a fee of two (2) dollars, which shall be used exclusively for the prosecution of violators of this act and for expenses of collecting said fee. The year for which a fee shall lie paid shall In gin the July first follow- ing the May whin it becomes due and end the succeeding dune : ; !03, stats, ion:;, p. ::'2b In effect immediately.] Sec. 15. Any and all persons shall be understood to be practicing dentistry r? it bin the meaning of this act who 325 DENTISTRY. Act 922, §§ 16-19 shall for a fee, salary, or reward, paid directly or indi- rectly, either to himself or to some other person, perform operations of any kind upon, or treat diseases or lesions of the human teeth or jaws, or correct malimposed posi- tions thereof, or display a sign, or in any way advertise himself as a dentist; but nothing in this act contained shall prohibit bona fide students of dentistry from operat- ing in the clinical departments or the laboratory of a reputable dental college, or an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory; or the student of a licen- tiate from' assisting his preceptor in dental operations while in the presence of and under the personal super- vision of his instructor; or a duly licensed physician from treating diseases of the mouth, or performing operations in oral surgery. But nothing in the provisions of this act shall be construed to permit the performance of dental operations by any unlicensed persons under cover of the name of a regular practitioner of dentistry. [Amendment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sees. 16, 17, 18. Repealed. [Amendment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sec. 19. Any person, company or association shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable with a fine of not less than fifty (50) dol- lars or more than five hundred (500) dollars, or by im- prisonment for not less than five (5) days nor more than six (6) months in the county jail, or by both fine and im- prisonment, who 1. Shall sell or barter, or offer to sell or barter, any diploma or document, conferring or purporting to confer any dental degree, or any certificate or trans ript, made or purporting to be made, pursuant to the law.-, regulating tne license and registration of dentists; or 2. Shall purchase or procure by barter, any such di- ploma, certificate or transcript, with intent that the same shall be used as evidence of the holder's qualification to practice dentistry, or in fraud of the laws regulating such practice; or 3. Shall with fraudulent intent, alter in a material re- gard any such diploma, certificate or transcript; or Act 922, § 20 DENTISTRY. 336 4. Shall use or attempt to use any such diploma, certifi- cate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or 5. Shall practice dentistry under a false or assumed name; or 6. Shall assume the degree of "doctor of dental sur- gery" or "doctor of dental medicine," or shall append the letters "D. D. S. " or "D. M. D." to his or her name, not having duly conferred upon him or her, by diploma from a recognized dental college or school legally empowered to confer the same, the right to assume said title; or shall assume any title, or append any letters to his or her name, with tne intent to represent falsely that he or she has received a dental degree or license; or 7. Shall in an affidavit, required of an applicant for examination, license or registration, under this act, will- fully make a false statement in a material regard; or 8. Shall engage in the practice of dentistry under any title or name without causing to be displayed in a con- spicuous manner and in a conspicuous place in his or her office the name of each and every person employed in the practice of dentistry therein, together with the word me- chanic or apprentice after the name of each unlicensed per- son employed; or 9. Shall within ten days after demand, made by the secretary of the board, fail to furnish to said board the name and address of all persons practicing or assisting in the practice of dentistry in the office of said person, company or association, at any time within sixty days prior to said notice, together with a sworn statement showing under and by what license or authority said per- son, company or association and said employee are and have been practicing dentistry, but said affidavit shall not be used as evidence against such person, company or as- sociation in any proceeding under this section; or 10. Is practicing dentistry in the state without a license, or whose license has been revoked or suspended. [Amend- ment approved March 20, 1903. Stats. 1903, p. 325. In effect immediately.] Sec. 20. It is hereby further provided, that the con- ferring of degrees and the bestowing of diplomas, by J37 DENTISTRY. Act 922, §§ 21, 21% reputable dental colleges of this state, who have been indorsed by the board of dental examiners of California, and are members of the National Association of Dental Faculties, are not included in the foregoing penalties, nor shall their rights and prerogative ever be abridged in any manner whatsoever. Sec. 21. All fines, penalties or forfeitures, rot including the examination fee, imposed or collected for the viola- tion of any of the foregoing provisions of this act, unless otherwise specified, shall be paid as follows: One-half into the common school fund in the county in which the prosecution is had, and one-half to the treasurer of this board, to be turned into the regular funds of this board, and it shall be the duty of the county treasurer of each county, upon the receipt by him of any such fines, penal- ties or forfeitures, to forthwith pay over the same one- half to the* treasurer of this board. Said board, or any member or officer thereof, may prefer a complaint for vio- lation of the law regulating the practice of dentistry, before any court of competent jurisdiction, and may by its officers, counsel and agents, aid in presenting the law or facts before said court, in any proceeding taken thereon; and it shall be the duty of the district attorney of each county of this state, to prosecute all violations of the aforesaid provisions of this act in their respective counties in which such violations occur. Sec. 21^. Any dentist may have his license revoked or suspended by the board of dental examiners for any of the following causes: 1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction or a certified copy thereof, certified by the elerk of the court, or by the judge in whose court the conviction is had, shall be conclusive evidence. 2. For unprofessional conduct, or for gross ignorance, or inefficiency in his profession. Unprofessional conduct shall mean employing what are known as cappers, or steerers to obtain business; the obtaining of any fee by fraud or misrepresentation; willfully betraying profes- sional secrets; employing directly or indirectly auy student or any suspended or unlicensed dentist to perform opera- tions of any kind, or to treat lesions of the human teeth or jaws, or correct malimposed formations thereof, ex- Gen. Laws — 22 Act 922, § 22 DENTISTRY. 33S cept as heretofore provided in section 15; the adver- tisement of dental business or treatment or devices in which untruthful, improbable or impossible statements are m&de; or habitual intemperance or gross immorality. The proceedings to revoke or suspend any license under the first subdivision of section 21%, must be taken by the board on the receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of section 21% inay be taken by the board from the mat- ters within its knowledge, or may be taken upon the in- formation of another. All accusations must be in writing, verified by some party familiar with the facts therein charged, and three copies thereof must be filed with the secretary of the board. Upon receiving the accusation the board shall, if it deem it sufficient, make an order setting the same for hearing, and requiring the accused to appear and answer it at said hearing, at a specified time and place, and the secretary shall cause a. copy of the order and of the accusation to be served upon the accused at least ten (10) days before the day appointed in the order for said hearing. The accused must appear at the time appointed in the order and answer the charges and make his defense to the same, unless for sufficient cause the board assign another day for that purpose. If he do not appear the board may proceed and determine the ac- cusation in his absence. If the accused plead guilty or re- fuse to answer the charges, or upon the hearing thereof the board shall find them or any of them true, it may pro- ceed to a judgment revoking his license or suspending it. The board and the accused may have the benefit of counsel, and the board shall have power to administer oaths, take the depositions of witnesses in the manner provided by law in civil cases, and to compel them to attend before it in per- son the same as in civil cases, by subpoena issued over the signature of the secretary and the seal of the board and in the name of the people of the state of California. Upon the revocation of any license, the fact shall be noted upon the record of the board of dental examiners and the license shall be marked as canceled, upon the date of its revocation. [New section approved March 20, 1903. Stats. 1903, p. 326. In effect immediately.] Sec. 22. The members of the board of dental examiners shall make an annual report of its proceedings to the gov- ernor of California by the first of December of each year, together with an account of all moneys received and dis- bursed by them, pursuant to this act. 333 DISTRICT ATTORNEYS. Acts W-W4 Sec. 23. Four members of said board of dental exam- iners shall constitute a quorum for the transaction of busi- ness at any meeting of the board. Sec. 24. Nothing in this act shall be so construed as to interfere with the rights and privileges of physicians and surgeons in the discharge of their duties. Sec. 25. This act shall take effect immediately, and all laws in conflict with this act are hereby repealed. TITLE 130. DESCENT AND DISTRIBUTION. ACT 927. To regulate descents and distribution. [Stats. 1850, p. 219.] Superseded by Civil Code, sec.!3S6. TITLE 131. DIABLO CREEK. ACT 932. To declare Diablo Creek in Contra Costa County navigable. [Stats. 858, p. 127.] Incorpoiated in Political Code, sec. 2349. TITLE 132. DISSECTION. ACT 937. To promote the study of anatomy. [Stats. 1869-70, p. 405.] This act provided for the surrender of dead bodies for dissection. It was superseded by Policical Code, sees. 3093-3095. TITLE 133. DISTRICT ATTORNEYS. ACT 942. Authorizing and diTectyng district attorneys to bring suits to abate nui3ai>ces. [Staats. 1899, p. 103. J Acts 91" r cn DITCHES. 840 ACT 943. In relation to district attorneys, their assistants and clerks in cities and counties, and counties having a popula- tion of more than one hundred and twenty-five thou- sand. [Stats. 1891, p. 21.] '•I'm .institutional. (Oarcy v. Mayor, 104 Cal. 842; Ex parte Glamboninl, 112 Cal. 574.) Superseded by County Government Act. 1S97, and by charter of San Francisco."— Code Commissioners - Note. ACT 944. Apportioning the fees between district attorneys and their successors. [Stats. 1865-6, p. 163.] Ann nrlr-il 1S65-6, 325. m rsedod by County Government and other acts requiring offl- to pay their fees Into the county treasury."— Code Commlsslon- rs' N'.'te. ACT 945. Mistr'wt attorneys, relating to fees of in certain counties. [Stats. 1871-2, p. 799.J "Probably repealed by sees. 171, 177, 186, and 211 of the County 'i.vornment Act, 1897. 523, 527, 540, 568, fixing the salaries of district attorni tiers' Xote. This act related to the counties of Butte, Inyo, Placer, and Shasta. TITLE 134. DITCHES. ACT 950. An act for the protection of the owners of ditches and flumes. [Approved March 16, 1889. Stats. 1889, p. 202.J Codified In part by amendment of Civil Code, 1905. See note to I 842, Civil Code. Joint liability of owners of ditch or flume. hi 1. When two or more persons are associated by agr< ement in tin use of a ditch or flume, or are using for the irrigation oi land a ditch or flume, to the construction of which they or their grantors have contributed, each of them shall be liable to the other for the reasonable expense of maintaining and repairing fch< Bame in proportion to the share in the use of the water to which he is entitled. 341 DIVORCES— DOGS. Acts 955-965 Action for refusal to pay proportional expense. Sec. 2. If any of them refuse or neglect, after demand in writing, to pay his proportion of such expenses, he shall be liable therefor in an action for contribution in the nature of an action on the case, and in any judgment obtained against him, interest from the time of such demand, at the rate of two per cent per month may be included. Willful appropriation a misdemeanor. Sec. 3. If any of them willfully appropriate to his own U3e more than his proportionate share of the water from such ditch or flume, to the detriment of his associates, or any of them, he shall be liable in damages in treble the value of the water so appropriated in excess of his proper share. Actions, how brought. Sec. 4. The action provided for in sections two and three may be brought by any or either of the parties injured, and may be joint or several. Sec. 5. This act shall take effect from and after its pas- sage. TITLE 135. DIVORCES. ACT 955. Concerning divorces. [Stats. 851, p. 186.] Amended 1S53, 70; 1S69-70, 291. Supplemented 1857, 240. Superseded l>y provisions of Civil Code. TITLE 136. DIXON. ACT 960. Incorporating town of. [Stats. 1877-8, p. 712.] Superseded by incorporation, in 1SS4, under Municipal Corporation Aot of 1SS3. TITLE 137. DOGS. Dogs killing pheep, liability for: See Sheep, post. ACT 965. An act to protect sheep and cashmere and angora goats against the ravages of dogs. [Approved March 13, 1866; 1865-6, 225.] Act MS, §§ 1-4 DOGS. 341 This act is not Included In the acts In force compiled hy the code commissioners, it hrs not b< ealed. It Is difficult to tell what, if any, part of it is in tone, and it is therefore set forth at length. Dog tax. Section 1. Every owner, claimant, or keeper of a dog oi dogs of tin- age oJ four months or over, shall hereafter pay an annual tax on ail dog claimed] or kept by him or her; for the first mail dog, one dollar; for every a '- ditional male dog, two dollars; and for every female dog, thr< i dollars. Collection. Tt shall be the duty of the county, district, or township a- '-as, may be, at the time oi mak- ing their animal aasessmi nt of n :il I prop- erty, to ascertain by diligent inquiry and examination, the • of all persona owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts tively, as provided in the first Bection of this act, to the p'-rson or persons owning, claiming, or keping the same, and shall make lists and di livery thereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of other personal property are made and delivered; and the proper oflicers are hereby empowered and required to collect such tax on dogs in the sunn mode and mapner as other taxes are collected, and to pay over the same into the county school fund. Ownership. Sec. 3. Ev< rv dog kept or staying at any house shall be deemed sufficient evidence of ownership to authorize the assessor to return the person inhabiting the ho the owner of such dog; and any | ading his or her dog from house to house or from place to place in order to evade said tax shall pay double rates therefor; and every dog not so returned shall be deemed to have no owner, and may be lawtully killed by any person seeing the same running at large. Damages. Sec. 4. The owner or owners of any do£ or dogs which shall worry, wound, or kill any she< p. or angora goats, shall be liable to the owner or po >f such S43 DORRIS BRIDGE, TOWN OF— DRAINAGE. Acts 970-9S0 sheep, goat or goats, for the damages and costs of suit, to be recovered before any court having jurisdiction in the case. Killing. Sec. 5. Any person finding any v dog or dogs, not on tho premises of its owners, worrying, wounding, or killing any sheep, or eashmere or angora goats, may kill the same, and the owner thereof shall sustain no action for damages against any person so killing any dog or dogs under such circumstances. TITLE 138. DORRIS BRIDGE, TOWN OF ACT 970. Dorris Bridge, name changed to Alturas. [Stats. 1875-6, 513.] TITLE 139. DOWNIEVILLE. ACT 975. To incorporate. [Stats. 1863, p. 74.] Amended and repealed 1S63-4, 275; 1865-6, 642. Repealed W01, 276. TITLE 140. DRAINAGE. ACT 979. An act to create a drainage district to be called "Sacra- mento Drainage District," to promote drainage there- in; to provide for the election and appointment of offi- cers of said drainage district; refining the powers, du- ties and compensations of such officers and providing for the creation, division and management of reclama- tion, swamp land, levee, drainage and protection dis tricts within said Sacramento drainage district, arid providing for levying and collecting assessments upon the lands within said drainage district. [Stats. 1905, p. 443.] ACT 980. To promote drainage. [Stats. 1880, p, 123.] Unconstitutional. (People v. Parks, 58 Cal. 624; Doane v. Well, 53 Cal. 334.) Acts 9S1-9S5, § 1 DRAINAGE. HA ACT 981. Creating Sacramento River drainage district, to establish a board of commissioners therefor and to define their powers and duties. [Stats. 1897-8, p. 987.] ACT 982. To provide for the organization and government of drain- age districts, for the drainage of agricultural lands other than swamp and overflowed lands. [Stats. 1897, p. 334.] Amended 1901, 554. Repealed 1903, SIT. Cal. Rf-p. Cit. 142, 201. ACT 983. To provide a system of drainage for agricultural, swamp, and overflowed lands. [Approved March 3, 1881. Stats. 1881, p. 15.] Amended 1<597. 220. Unconstitutional. (Hickey v. Stearns Rancho Co., 126 Cal. 151.) Cal. Rep. Cit. 144. 216. ACT 984. To abolish the state drainage construction fund and di- recting the transfer of any balance remaining therein to the general fund. [Stats. 1893, p. 64.] ACT 985. An act to promote drainage. [Approved March 18, 1885; 1885, 204.] Amended 1891, 262. Cal. Rep. Cit. 144, 210; 144, 211; 144, 212; 144, 213; 144, 21*; 144, 216; 144, 217. Petition to adopt measures to drain lands. Section 1. Whenever the owners of two-thirds of any body of lands susceptible of one mode of drainage desire to drain the same, they may present to the board of super- visors of the county in which the lands, or the greater portion thereof, are situated, at a regular meeting of the board, a petition setting forth that they desire to adopt measures to drain the same, the description of the land, tin number of acres in the whole district, and the number of acres in each tract, and the names of the owners thereof, and the names of three persons who may desire to serve as trustees for the first three months; the petition must be verified by the affidavit of one of the petitioners, 315 DRAINAGE. Act 985, 5 § 2-b and must be published for four weeks next preceding the hearing thereof, in some newspaper published in the county in which the lands are situated; or if there is no newspaper published in the county, then it must be pub- lished in some newspaper having a general circulation in the county, and an affidavit of such publication must be filed with the petition. District lying in different counties. Sec. 2. When a district is situated partly in different counties, the trustees must, after the petition has been granted, forward a copy thereof to the clerk cf the board of supervisors of any county in which any portion of the district may lie, and the board to which the same is for- warded must not allow another district to be formed within sueh district, unless with the consent of the trustees thereof. Formation of district. Sec. 3. If no board of supervisors find, upon the hearing of such petition, that lands have been improperly included in such district, they may before fixing the final boundaries, exclude from such district any lands which may have been included, or include any lands adjacent thereto, on petition of any owner of such land presented at such time of hearing, as they may deem for the best in- terests of such district; and they must then define the boundaries, declare the district duly formed, and the persons named in the petition for the formation of such district to be the trustees for the first three months, or until their successors are appointed. [Amendment ap- proved March 31, 1891. Stats. 1891, p. 262. In effect immediately.] Eecording petition. Sec. 4. The petition must then be recorded by the county recorder. By-laws. See. 5. After the approval of the petition the petition- ers may make such by-laws as they deem necessary for future appointment of trustees, and to effect the work of drainage, keep the same in repair and operation, and for the control and management thereof, by the votes or consent of the owuers of a majority of the land in the district. Act CSG. §§ C-10 DRAINAGE. 34* Signing and recording by-laws. Sec. 6. The by-laws adopted must be signed by persons owning a majority of land in the district, and must be recorded by the county recorder. Power of board. Sec. 7. The board thus formed shall have power to elect one of their number president thereof, and to em- ploy engineers to survey, plan, locate, and estimate the cost of the works necessary for drainage, and the land needed for right of way, including drains, canals, sluices, water-gates, embankments, and material for construction, and to construct, maintain, and keep in repair all works • :ry to the object in view. rians and estimates. Sec. 8. The board of trustees must report to the board of supervisors of the county, or if the district is situated in more than one county then to the board of supervisors of each county in which the district is situated, the plans of the work and estimates of the costs, together with the estimates of the incidenal expenses of superintendence, repairs, etc. Assessing expense. Sec. 9. The board by which the district was formed must appoint three commissioners, distinterested persons residing in the eovnty in which the district, or some part thereof, is situated, and such commissioners must view oh the lands situated in the district a charge proportionate to the whole expense, and to the benefit a win result t'rera suefc work, which charge must be collected and paid into the county treasury as herein- after pr*»vid«d, and must be placed by the treasurer to the credit of the district, and paid out for the work of drain- age upon the warrants of the trustees appointed by the board of supervisors of the county. Warrants on the treasurer. s, .-. 10. The wan-ants drawn by the trustees must, after they are approved by the board of supervisors, be pre- sented to the treasure* ol tin *ounty, and if they are not paid on presentation like indorsements must be made thereon, aud they must be registered in like manner as county warrants. 347 DRAINAGE. Act 885, §§ 11-14 Payments when district in different counties. Sec. 11. If a district is situated partly in different coun- ties the charges must be paid into the treasury of the county in which the particular tract may be situated. Further assessment. Sec. 12. If the original assessment is insufficient to pro- vide for the complete drainage of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance, and repairs of the works, the trustees must present to the board of supervisors by which the district was formed a statement of the work to be done and its estimated cost, and the board must make an order directing that the commissioners who made the original assessment, or other commissioners to be named in such order, to assess the amount of such estimated cost as a charge upon the lands in the district, which assessment must be made and collected in the same manner as the original assessment. List of charges and of lands. Sec. 13. The commissioners appointed by the board of su- pervisors must make a list of the charges assessed against each district of land, and the list must contain a description of each tract assessed, the number of acres in each tract, and the names of the owners in each tract, if known, and if un- known, the amount of charges assessed against each tract; and the board of commissioners must, on completion of such list, cause a notice to be published in some paper published in the county where such district is situated, and also have such notice posted in three places in such district, to the effect that the board of commissioners will, in ten days from the publication of such notice, meet (and they shall also name the time and place of such meeting) as a board of equalization for the purpose of equalizing assessments, and will continue in session as long as may be necessary, not to exceed ten days, at the end of« which time, having equalized and adjusted such assessments, the list must then be filed as hereinafter provided. [Amend- ment approved March 31, 1891. Stats. 1891, p. 2G2. In ef- fect immediately.] Filing list. Sec. 14. The list so made must be filed with the county treas- urer of the county, or if the district is partly situated in different counties, then the original list must be tiled in the county first in order under alphabetical arrangement, ai I copies thereof, certified by the commissioners, must be filed Act 985, J § 15-20 DRAINAGE. UH with the treasurers of each of the other counties. From and after the filing of the list, or certified copies thereof, the charges assessed upon any tract of land in the county consti- tutes a lien thereon; and the list thus prepared must remain in the office of the treasurer for thirty days, or longer if ordered by the board of trustees; and during the time they so remain any person may pay the amount of the charges against any tract to the treasurer without costs; or if so ordered by the board of trustees, said payments may be by installments; and if at the end of thirty days, or of the longer period fixed by trustees, all of the charges, or all of any installments ordered by them, have not been paid, the treasurer must return the list to the district attorney, who must at once proceed by civil action to collect such charges. Executing work. Sec. 15. The work must be executed under the direction and in the manner prescribed by the board of trustees. Aceount of expenditures. Sec. 16. The board must keep accurate accounts of all ex- penditures, which accounts, and all contracts that may be made by them, are open to the inspection of the board of su- pervisors, and every person interested. Purchases by trustees. Sec. 17. The trustees may acquire, by purchase, all prop- erty necessary to carry out and maintain the system of drain- age provided for. Eminent domain. Sec. 18. The trustees may acquire, by condemnation, the right of way for canals, drains, embankments, and other works necessary, and may take materials for the construction, main- tenance, and repair thereof from lands outside of as well as in the limits of said district. Same. Sec. 19. The provisions of title VII, part HI, of the Code of Civil Procedure are applicable to, and condemnation herein provided for must be made thcreinunder. Drainage by owners. Sec. 20. Whenever any district susceptible of one mode of drainage, entirely owned by parties who desire to drain the same, and to manage such drainage without the intervention of trustees of L or ]; tne establishment of by-laws, they may 349 DRAINAGE. Act 0S6, §§ 1. 2 file the petition provided for in sections one and two, and must state therein that they intend to undertake such drainage on their own responsibility. If the petition is granted, the owners of the land have all the rights, immunities, and priv- ileges granted to boards of trustees, and in all proceedings the names of owners may be used instead of the names of trustees. Sec. 21. This act shall take effect upon its passage. ACT 986. An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in the communi- ties in which they lie. [Approved March 21, 1903. Stats. 1903, 354.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever ten or more landholders owning parts of any body of wet, swamp or overflowed lands susceptible of drainage by a ditch or drain, or a system of ditches or drains, shall file with the board of supervisors of the county in which said lands, or a portion thereof, are situated, a petition for the establishment of such ditch or drain, or system of ditches or drains, for the draining of said body of lands, defining the boundaries of such body of lands and tne location and courses of such ditch or drain, or system of ditches or drains, through said body of lands, and the lands through which it or they are to pass to their outlets, and shall give said supervisors a good and sufficient bond for the payment of all costs that may accrue provided said petition shall not be granted, said super- visors shall, within thirty days of the filing of said petition, appoint a day for the hearing of the same, which shall not be less than fifteen nor more than forty days from such appoint- ment; and shall, also, cause to be published in some newspaper published and having a general circulation in the county, a copy of said petition together with a notice by the clerk of said board of the time and place set for hearing said petition; said publication shall be in a daily or weekly newspaper and for at least two weeks next preceding the time set for said hearing. Sec. 2. Said supervisors shall also direct the county sur- veyor to survey the line or lines of said proposed ditch or drain, or system of ditches or. drains, taking notes of the de- scent of the land and the character thereof, and report to said board, on or before said day of hearing, the descent, if any, between the head and outlet of said ditch or ditches, together Act &SG, §§ 3-5 DRAINAGE. S& with a list of intermediate grades, the lands benefited by said proposed ditch or ditches, and such other information as may come under his notice upon the matter of such proposed loca- tion. Tn locating such ditches or drains, whenever practicable, they shall be located on section or subdivision lines, but the said surveyor may, in surveying the same, follow the lines of location, described in said petition or vary therefrom as he may deem for the greatest advantage of said lands and the best location of said ditch or ditches. Sec. 3. Upon ;hs hearing of said petition any person inter- ested in the lands described therein, or the community in which the same are located, may appear and support or oppose the' granting of said petition, and witnesses may be sworn and testify in reference thereto. Sec. 4. If the supervisors shall, on hearing the petition, find that the construction of the ditch or drain, or system of ditches or drains, petitioned for (or as modified by the report of the surveyor) would be advisable, and beneficial to the lands described in the petition, or a smaller body lying within the same, and such body of lands so to be benefited constitute the lands of a farming community or neighborhood, or that the construction of said ditch or drain or system of ditches or drains, would be conducive to the health of the com- munity or neighborhood in which they lie, then, the supervisors shall, in their discretion, grant said petition for the construc- tion of said ditch or drain, or system. of ditches or drains, as prayed for (or as modified by the report of the surveyor) and shall proceed to examine the lands affected thereby, and shall direct the surveyor to survey the same and set stakes every hundred feet, and to make a journal of the depth and width to be excavated at each of said stakes. If, upon the hearing, the said supervisors shall find the location of said ditch or ditches (inadvisable, the petition shall be denied and the costs of the proceedings shall be collected from the petitioners or their bondsmen. Sec. 5. After having made such examination of the lands so affected said supervisors shall then apportion the excava- tion of said ditch and the cost of location (including the cost of right of way, when necessary) and superintend- ence of construction by the surveyor, to the lands affected thereby, according to the benefits received, after giv- ing notice to the owners -of such lands of the time and place of making such apportionment, and giving to each a hearing. The names of such owners may be taken from the last assessment books of the county wherein 351 DRAINAGE. Act 9S6, § § 8, 1 such lands are situate, and such notice shall be in writing, delivered to each landowner resident upon such land 30 affected, or left at his place of residence with some com- petent person, at least ten days before the time set for said hearing, and to each landowner not resident upon such lands so affected, by depositing the same in the post- office directed to him at his place of residence or address, at least twelve days before said time so set for said hearing, and in case the residence or postoffice address of such nonresident be not known, then by posting said notice in a prominent place on the lands so affected and owned by him, at least twelve days before the time set for said hear- ing. All notices provided for 'in this act shall be given by the clerk of said board of supervisors, by and under their direction and authority. Sec. 6. After having completed said hearing and appor- tionment, the board shall then give notice in the same manner as provided in section five, to all the landown- ers of the part of ditch apportioned to them, as described by the stakes and their numbers, and of the specifications of the ditch, and, also, of the cost of location and superin- tendence of construction (and right of way, when neces- sary) ; and said notice shall also specify the time set for the completion of the work and the payment of the cost of location, superintendence and right of way. Sec. 7. On the day set for the completion of the work, or as soon thereafter as is practicable, the county surveyor shall proceed to examine said ditch or ditches, and if, in his opinion, any portion thereof shall not be completed ac- cording to the specifications, he shall report the same to the board of supervisors, who shall fix a reasonable time within which the same shall be completed, and shall notify the person to whom said portion was apportioned to com- plete the same within such time. If not so completed, at the expiration of the time specified said board of super- visors shall advertise the construction of the same by posting notices for two weeks in three conspicuous places within the territory affected by said ditch. Upon the time specified in said notice said supervisors shall proceed to let the same to the lowest responsible bidder, who shall give such bonds as shall be required by said board, and shall proceed to complete such works in the time agreed upon. The board shall report the cost of such work to the county auditor, who shall cause the amount Act 9S6, § § S-ll DRAINAGE. 3i2 thereof to be entered on the tax books of the county, and the same shall be a tax upon said lands, which amount shall be collected the same as other taxes, and paid to the person performing such work. The cost of location and supervision, and right of way, if not paid at the time re- quired, shall also be reported in like manner to the county auditor and collected as a tax upon the lands affected and paid to the county treasurer. See. 8. The county treasurer shall place such funds to Hip credit of eaeh respective ditch fund and shall pay out the same on warrants drawn by the board of super- visors. The treasurer shall receive, as compensation for his srrvicfs. one per cent of all moneys by him disbursed under this act. See. 9. The county surveyor shall superintend the con- struction of all ditches and drains constructed under the provisions of this act, and when constructed they shall be in charge of the officer having charge and supervision of the roads in the district in which they lie. The owners of lands to whom they have been apportioned, shall keep in repair such ditches in accordance with the apportion- ment, and if not so kept in repair, the board of super- visors shall direct the same to be done, and the cost there- of shall be a tax upon the land, to be collected aa here- inbefore provided. Sec. 10. Any person causing an encroachment or ob- struction to any ditch or drain created under the provis- ions of this act, and failing to remove the same for the space of twenty-four hours after notice shall have been given to such person Dy the road-master, if he can be found in the county, otherwise by posting by him at or near the place of encroachment or obstruction, may be fined not exceeding two hundred dollars, or imprisoned not more than thirty days in the county jail, or by both such fine and imprisonment. The fines so collected shall be placed to the credit of the district road fund where such encroach- ment or obstruction is had, and proceedings for such of- fenses may be had before any court of competent jurisdic- tion. Sec. 11. The provisions of this act shall not be con- strued so as to permit waters to be carried out of their natural course to augment other streams or drains, to the l:53 DRAINAGE. Act 9S7, J 1 damage of the residents along the banks of the streams or drains so augmented. Sec. 12. Whenever the board of supervisors cannot pur- chase, at a reasonable price, or procure the right of way, or procure the consent of all parties interested to join or connect with any existing ditches or outlets, the president of the board may proceed to condemn the same under the provisions of title VII, part III, of the Code of Civil Pro- cedure, and amendments thereto, which are now existing or may hereafter be made. jec. 13. This act is not intended to supersede or repeal any other act for the construction or maintenance of ditches or for drainage purposes, but is intended as an independent &ud alternative means of constructing such ditches where most applicable or desirable to the parties interested. Sec. 14. This act shall take effect and be in force from and after its passage. ACT 987. An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced within such districts. [Approved March 20, 1903. Stats. 1903, 291.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever fifty or a majority of the holders of title, or evidence of title as herein provided, to agri- cultural lands other than swamp and overflowed lands, which are susceptible of one general mode of drainage by the same system of works, desire to provide for the drain- age of such lands, they may propose the organization of a drainage district under the provisions of this act, and when so organized, such district shall have the powers, rights and duties conferred, or which may be conferred by law, upon such drainage districts. The equalized county assess- ment-roll next preceding the presentation of a petition for the organization of a drainage district under the provisions of this act, shall be sufficient evidence of title for the pur- poses of this act; provided, that no person who has re- ceived or acquired title to land within such proposed dis- Gen. Laws — J3 Act 987, §§ ?, 3 DRAINAGE. 351 trict for the ,/urpose of enabling him or her to join in such petition or to become an elector of said district, Shall be allowed t>, sign such petition or to vote at any election to be held in such district under the provisions of this act. Such illegal signing, however, shall not Invalidate such petition when there shall be found a sufficient number of other legal petitioners. Sec. 2. In order to propose the organization of a drain- ago district, n petition shall be presented to the board of supervisors of the county in which the lands within the proposed district or the greater portion thereof, are sit- uated, signed by the required number of holders of title, or evidence of title, to lands within such proposer! district* which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same be organized under the provisions of this act. The petitioners must aeeompany the petition with a pood and sufficient bond, to bo approved by the said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the obligors will pay all the costs in case such an organization will not be effected. The petition shall be presented at a regular meeting of said board of supervisors, and shall have been published for at least two weeks before such presentation, in some newspaper printed and published in the county where the petition is presented, together with a notice stat- ing the date of the meeting of said board at which the pe- tition will be presented; and if any portion of the pro- posed district lies within another county, or -counties, then said petition and notice shall be likewise published in a newspaper printed and published in each of such counties. Sec. 3. "When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time tc time not exceeding four weeks in all, and on the final hearing said board shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish such boundaries. But said board shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of drainage by the same system of works applicable to the other lands in such proposed district; nov shall any lands which will not, in the judgment of said board, be benefited by drainage, by means of said system of works, be included within such proposed district. Any 35a DRAIN AG2. Act 987, § § 4, -■) person whose lands are susceptible of drainage by the seme system of works, may, upon his application, in the dis- cretion of said board, have such lands included within said proposed district. Upon such hearing of said petition, the board of supervisors, shall determine whether or not said petition complies with the requirements of sections one and two of this act, and for that purpose must hear all competent and relevant testimony offered in support or in opposition thereto. Such determination shall be entered upon the minutes of said board of supervisors. Sec. 4. The right of -appeal from said order to the superior court of the county where said petition is heard, is hereby given to any person interested, who is a party to the record; provided, that if more than one appeal be taken they shall be consolidated and tried together. Such appeal shall be taken within ten days after the en- try of such order upon the minutes of the board of super- visors. The appeal shall be taken and heard in the same manner as appeals from justices' courts to the superior court, except as herein otherwise provided. Upon the ap- peal, the superior court may make and enter its judgment affirming, modifying, or reversing the order appealed from. Within ten days thereafter, the superior court must cause its remittitur to issue to said board of supervisors, and if said order of the board of supervisors is modified or reversed, the judgment of the superior court and its re- mittitur shall direct the board of supervisors what order it shall enter. Such remittitur shall be filed by the clerk of the board of supervisors, and at the first regular meeting of the board thereafter, it shall cause to be entered in its minutes the order as directed by said superior court. Th" appeal herein provided for shall be heard and determined within thirty days from the time of filing the notice of ap- peal. Sec. 5. When, under the provisions of the preceding seetions, the boundaries of the proposed district are de- fined and established, said board shall make an order dividing said district into three or five divisions, as nearlv equal in size as practicable, which divisions shall be numbered consecutively, and one director who shall be an elector and a resident freeholder of the division, shall be elected, as hereinafter provided, by each division; pro- vided, that when requested in the petition three directors who shall be residents, electors and freeholders of the let 987, §§6-9 DRAINAGE. 3o« district, shall be elected at large by the qualified electors of the district. Sec. 6. Said board of supervisors shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall designate a name for such proposed district, and de- seribe the boundaries thereof and the boundaries of the precincts established therein, when more than one, to- gether with a designation of the polling-place and board of election for each precinct; and said notice shall be pub- lished for at least three weeks previous to such election, in a newspaper published within the county in which the petition for the organization of the proposed district was presented; and if any portion of such proposed district is within another county or counties, then such notice shall be published for tLo same length of time in a newspaper published in each of said counties. Such notice shall require the electors to cast ballots, which shall contain the words "Drainage District — Yes" or "Drainage District — No" or words equivalent thereto, and also the names of one or more persons (according to the divisions of the proposed district as prayed for in the petition and ordered by the board) to Ik voted for to fill the office of director. Such election shall be conducted as nearly as practicable in accordance with the general elections laws of the state but no particular form of ballot shall be required. Sec. 7. No person shall be entitled to vote at any elec- tion held under the provisions of this act unless he pos- sesses all the qualifications required of electors under the ■general election laws of the state. Sec. 8. The said board of supervisors shall on the first Monday succeeding such election, if then in session, or at its next succeeding general or special session proceed to canvass the votes cast thereat, and if upon such canvass, it appear that at least two-thirds of all the votes cast are "Drainage District — Yes," the board shall by an order entered in its minutes, declare such territory duly organ- ized as a drainage district, under the name theretofore designated, and shall declare the persons receiving, re- spectively the highest number of votes for directors to be duly elected to such offices. Sec. 9. Said board shall then cause a copy of such order, duly certified, to be immediately filed for record iu 357 DRAINAGE. Act aS7, §§ 10-12 the office of the county recorder of any county in which any portion of the lands embraced in such district arc situ- ated, and must also immediately forward a copy thereof to the clerk of the board of supervisors of each of said last mentioned counties and no board of supervisors of any county in which any portion of the lands embraced in such district are situated, shall, after the date of the organiza- tion thereof, allow another district to be formed including any portion of said lands, without the consent of the board of directors of the district in which they are situated. Prom and after such filing, the organization of the district shall be complete. Sec. 10. Such election on organization may be contested by any person owning property within the proposed district liable to assessment. The directors elected at such elec- tion shall be made parties defendant. Such contest shall be brought in the superior court of the county where the petition for organization is filed; provided, that if more than one contest be pending they shall be consolidated and tried together. The court having jurisdiction shall speedily try such contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial com- pliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and dec- laration of the result by the board of supervisors. The right of appeal is hereby given to either party to the record within thirty days from entry of judgment. The appeal must be heard and determined by the supreme court within sixty days from the time of filing the notice of appeal. Sec. 11. The directors elected at the election herein- before provided for shall immediately enter upon their duties as such upon qualifying in the manner herein pro- vided. Said directors shall hold office respectively until their successors are elected and qualified. See. 12. The directors of any district created after the passage of this act, on the first Tuesday after their election, after they shall have qualified, shall meet and classify themselves by lot into two c. asses, as nearly equal in num- ber as possible, and the term of office of the class having the greater number shall expire at the next general Feb- ruary election in this act provided for; and the term of office of the class having the lesser number shall terjuinate ?, 88 IS, 14 DRAINAGE. at tin next general February election thereafter. After such classification, said directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the amount of the bond to be given by him for the faithful performance of his duties shall be fix"' d by the board of directors. Sec. 13. The board of directors shall hold regular meet- ings in their office on the first Tuesday in March, June, Si p- tember and December, and such Special meetings as may be required for the proper transaction of business; provid- ed, that all special meetings must be ordered by a majority of the board by an order entered in the minutes specifying the business to be transacted. Three days' notice to any member not joining in the order must be given by the sec- retary, and only the business specified in the order must be transacted at such special meeting. All meetings of the board must be public, and a majority of memb< is shall con- stitute a quorum for the transaction of business. A minute of all proceedings of the board shall be kept by the secretary, and all records of the board shall be open to public inspection during business hours. The board of directors shall, on the first Tuesday in March of each and every year, render, and immediately thereafter cause to be published, a verified statement of the financial condition of the district, showing particularly the receipts and dis- bursements of the last preceding year, together with the source of such receipts and purpose of such disburse- ments. Said publication shall be made at least once a week for tw T o weeks, in some paper published in the county where the office of the board of directors of such district is situated. Sec. 14. The board shall have the power and it shall be their duty, to manage and conduct the business and af- fairs of the district; make and execute all necessary con- tracts* to adopt a seal for the district to be used in the attestation of proper documents*; provided for the payment) from the proper fund, of all the debts and just claims against the district; employ and appoint when necessary. engineers to survey, plan, locate, and estimate the cost of the works necessary for drainage and the land needed for right of way, including drains, canals, sluices, water-gates, embankments and material for construction, and to con- struct maintain, and keep in repair all works necessary for 333 DRAINAGE. Act 987, $§ 15-H the purpose of drainage. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary drainage works and the line for any canals, sluices, water-gates and em- bankments, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, hold and possess either by donation, purchase or condemnation, any land or other property, necessary for the construction, use, maintenance, repair, and improvement of any works re- quired for the purpose of drainage as provided herein. The board may establish equitable by-laws, rules and regula- tions necessary or proper for carrying on the business here- in contemplated, and generally may perform all such acts as shall be necessary to fully carry out the purposes of this act. Sec. 15. The board of directors, when they deem it ad- visable for the best interests of the district and the con- venience of the electors thereof, may at any time, but not less than 60 days before an election to be held in the dis- trict, change the boundaries of the divisions and election precincts of the district; provided, such changes shall be made to keep each division as nearly equal in area and pop- ulation as may be practicable. Such change of boundaries of the division must be shown on the minutes of the board. Sec. 16. In case of condemnation proceedings, the board shall proceed, in the name of the district, under the pro- visions of title seven, part three, of the Code of Civil Pro- cedure, which said provisions are hereby made applicable for that purpose, and it is hereby declared that the use of the property which may be condemned, taken, or appro- priated under the provisions of this act, is a public use, subject to regulation and control of the state in the manner prescribed by law. See. 17. In each district organized as herein provided, an election shall be held on the first Wednesday in Febru- ary, nineteen hundred and five, and on the first Wednesday of February of each second year thereafter, at which a board of directors for the district, as provided in section 5 of this act, shall be elected. The person receiving the highest number of votes for the office to be filled at such election is elected thereto. Within ten days after receiv- ing their respective certificates of election, each of said persons shall qualify as such by taking and subscribing the official oath and filing a bond as herein provided. Each Act 9S7, §§ 18, 19 DRAINAGE. 36C director shall execute an official bond in the sum of one thousand dollars, which shall be approved by the judge of the superior court of the county where the organization of the district was effected and shall be recorded in the office of the county recorder of such county, and then, together with his official oath, filed with the secretary of the board of directors. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers. If a vacancy shall occur in the office of director the same shall be filled by appointment by the supervisors of the county where such district is organized. A director so appointed shall qualify within ten days after receiving notice of his appointment as in said act provided, if he were elected to such office and he shall hold such office only until the next regular election for said district and until his successor is elected and qualified. Sec. 18. On the first Tuesday in March next following the election, the directors who shall have been elected at the general February election, shall meet and organize as a board, elect a president and appoint a secretary, who shall each hold office during the pleasure of the board. And the directors of districts now organized, who shall have been elected at the general February election of nine- teen hundred and five, shall, on the first Tuesday in March next thereafter, when they meet to organize, first classify themselves by lot into two classes as nearly equal in num- ber as possible. And the terms of office of the class having the greater number shall be two years; and the term of office of the lesser number shall be four years. The full term of office of directors is hereby fixed at four years. The office of the board of directors of any such district may be established by said board of directors at the county seat, or at some proper and convenient place within the district, but after the office is once established it shall not be changed without giving notice thereof by posting in three public places in the district and by publishing a sim- ilar notice for thirty days in some newspaper of general circulation published in the county where such district is organized. Sec. 19. Fifteen days before any election held under this act, subsequent to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a similar notice of the same in a conspicuous place in the office of the said board, specifying the polling-places of 361 DRAINAGE. Act 987, § § 20- it each precinct, and the names of the members of the boards of election, for each precinct. Prior to the time for post- ing such notices, the board must appoint for each precinct, from the electors thereof, one inspector and one judge and one clerk, who shall constitute a board of election for such precinct. If the board fail to appoint a board of election, or the members appointed, or any of them do not attend at the opening of the polls on the morning of election, the electors of the precinct present at that hour, may appoint the board, or supply the place of an absent member thereof. The board of directors must in its order appointing the board of election, designate the place within each precinct where the election must be held. See. 20. The inspector is chairman of the election board, and may administer all oaths required in the progress of an election; and appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act, Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be adminis- tered during the progress of an election. The board of election for each precinct must, before opening the polls, appoint two persons to act as clerks of the election.' Be- fore opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully per- form the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be open at 9:00 o'clock A. M., and be kept open until 4:00 P. M., when the same must be closed. The pro- visions of the general election laws concerning the form of ballots to be used shall not apply to elections held under this act. See. 21. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted, as nea.rly as prac- ticable, in accordance with the provisions of the general election laws in this state. Sec. 22. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers con- taining the poll list and tallies, or attached thereto, stat- ing the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge and the inspector. Oae of said certificates with the poll list and the tally paper to which it is attached, shall Act 987, §§ 23, 24. DRAINAGE. 86a bf retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the pres- ence of the judges and clerks, and indorsed "Election re- turns of (naming the precinct) precinct" and be directed to the secretary of the board of directors and shall be im- mediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted. Sec. 23. No list, tally paper, or certificate from any election, shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of direct- ors must meet at its usual place of meeting on the first Monday after each election to canvass the re tarns. If, at the time of meeting, the returns from each precinct in the district in which the polls were opened have been re- ceived, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six post- ponements have been had. The canvass must be made in public and by opening the returns and estimating the vote of the district for each person voted for and declaring the result thereof. Sec. 24. The secretary of the board of directors, must, as soon as the result is declared, enter in the records of such board, a statement of such result, which statement must show; (a) the whole number of votes cast in the dis- trict and in each precinct thereof if there be more than one precinct; (b) the names of the persons voted for; (c) the office to fill which each person wis voted for; (d) the number of votes given in each precinct to each of such person-*; (e) the number of votes given in each divi- sion for the office of director. The board of directors must declare elected the persons having the highest number 363 DRAINAGE. Act 987, §§ 25-2/ votes given for each office. The secretary must immediate- ly make out and deliver to such person a certificate of election, signed by him, and authenticated with the seal of the board. See. 25. In any district the board of directors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title, or evidence of title, of said district, evidenced as above provided, order that on and after the next ensuing general election for the district, there shall be either three or five directors, as said board may order, and they shall be elected, by the district at large, or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected. Sec. 26. The legal title to all property acquired under the provisions of this act shall immediately and by opera- tion of law vest in such drainage district, and shall be held by such district in trust for and is hereby dedicated and set apart to the uses and purposes set forth in this act. And said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property as herein provided. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such drainage district, to and for the uses and purposes heroin expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges and immunities created by this act, or acquired in pursuance thereof. And in all courts, actions, suit*), or proceedings, the said board may sue, appear, and defend in person or by at- torneys, and in the name of such drainage district. Sec. 27. For the purpose of constructing necessary con- duits, drains, sluices, water-gates, embankments and all works necessary for the purpose of drainage, and acquiring the necessary property and rights therefor, and otherwise carrying out the provisions of this act, the board of direc- tors of any such district must, as soon after such district has been organized as may be practicable, and also when- ever thereafter the construction fund has been exhausted by expenditures as herein authorized therefrom, and it is necessary to raise additional money for said purposes, es- Act 987, § 28 DRAINAGE. S64 timatc and determine the amount of money necessary to be raised. And thereafter said board shall immediately call a special election, at which shall be submitted to the electors of such district the question whether or not the bonds of said district shall be issued in the anunmt so de- termined. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty-days, and also by publica- tion of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, the amount of bonds proposed to be issued; and said election must be held and the re- sult thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in conducting such an election shall invali- date the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Bonds — Yes" or "Bonds — No," or words equiva- lent thereto. If a majority of the votes cast are "Bonds — Yes,'* the board of directors shall cause bonds in said amount to be issued; if a majority of the votes cast at any bond election are "Bonds — No," the result of such election shall be so declared and entered of record. "Whenever t Inn after, a petition of the character hereinbefore pro- vided for in this section, is presented to the board, it shall so declare of record in its minutes, and shall thereupon sub- mit such questions to said electors in the same manner and with like effect as at such previous election. Sec. 28. All bonds issued under the provisions of this act shall be payable in gold coin of the United States, in ten series as follows, to wit: On the first day of January after the expiration of eleven years, five per cent of the whole number of said bonds; on the first day of January, after the expiration of seventeen years, eleven per cent; first day of January after the expiration of thirteen years, seven per cent; on the first day of January after the ex- piration of fourteen years, eight per cent; on the first day of January after the expiration of fifteen years, nine per cent; on the first day of January after the expiration of sixteen years, ten per cent; on the first day of January after the expiration of seventeen years, eleven per cent; on the first day of January after the expiration of eighteen S63 DRAINAGE. Act S87, J 28 years, thirteen per cent; on the first day of January after the expiration of nineteen years, fifteen per cent; and on the first day of .January after the expiration of twenty years, sixteen per cent; that the several enumerated per- centages being of the entire amount of the bond issue, but each bond must be made payable at a given time for its en- tire amount and not for a percentage. Said bonds shall bear interest at the rate of five per cent per annum, i .yable semi-annually, on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred dollars nor more than five hundred dollars; shall be negotiable in form, signed by the president and secretary, and the seal of the board of directors shall be affixed and the bonds of each issue shall be numbered consecutively, and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the secretary. Said bonds shall express on their face that they were signed by authority of this act, stating its title and date of ap- proval, and shall also so state the number of the issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. Sec. 29. The board may sell said bonds from time to time in such quantities as may be necessary and most ad- vantageous, to raise money for the construction of said drains and works, the acquisition of said property and rights, and otherwise to full carry out the objects and purposes of this act. Before making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given, by publication uiercof at least three weeks in some newspaper published in the county where the office of the board of directors is located, and in any other newspaper, at its discretion. The notice shall state that sealed pro- posals will . received by the board at their office, for the purchase of bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals, and award the purchase of the bonds to the highest responsible oidder; provided, however, that they may reject all bids. Said board shall in no event sell \d 9S7, §| 30, 31 DRAINAGE. any of the said bonds for less than the par value thereof. See. 30. Any bonds issued' under the provisions of this act, shall be a lien upon th^ property of the district and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent issue. Said bonds, 'and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the dis- trict; and all the real property in the district shall be and remain liable to be assessed for such payments as here- inafter provide. * Sec. 31. In ease the money raised by the sale of bonds issued be insufficient or in case the bonds be unavailable for the completion of the plan of drainage and works adopted, and additional bonds be not voted, it shall bo the duty of the board of directors to provide for the com- pletion of said plan by levy of assessments therefor; pro- vided, however, that such levy of assessments shall not be made except first an estimate of the amount required for such purposes has been made by said board, and the question as to the making of said levy submitted to a vote of the electors of the district. Before such question is submitted, the order of submission shall be entered in the minutes of the board, stating the amount to be levied and the purpose therefore, and if submitted at a special election said order shall, in addition, fix the day of election. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such no- tice in some newspaper published in the county where the office of the board of directors of such district is re- quired to be kept, once a week for at least three successive weeks. Such notices must specify the time of holding the election, and the amount of assessment proposed to be levied. Said election must be held and the result thereof determined and declared in all respects as nearly as prac- ticable in conformity with the provisions of this act govern- ing the election of officers; provided, that no informalities in conducting such an election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "As- sessment — Yes," or "Assessment — No," or words equiva- lent thereto. If a majority of the votes cast are "Assess- ment — Yes," the board of directors shall proceed in the 367 DRAINAGE. Act 9S7, §§ 32-34 manner prescribed in sections 40-43 herein provirled for rais- ing funds for the annual requirements; if a majority of the votes cast are "Assessment — No," the result of such elec- tion shall be so declared and entered of record. Sec. 32. Whenever a district organized under the pro- visions of this act, has outstanding bonds, coupons, or other evidences of indebtedness, the payment thereof may be pro- vided for by the issuance of new bonds, in the manner here- inafter prescribed. Sec. 33. In order to propose the funding of such bonds, coupons, or other evidences of indebtedness a petition shall be presented to the board of directors of such drainage district, signed by a majority in number of holders of title or evidences of title to real property in such dis- trict, which petition shall set forth the amount of bonds, coupons, or other evidences of indebtedness proposed to be funded, together with a general description of same, also the total amount of the bonds sought to be issued (pro- vided, that said amount shall in no case be greater than the total amount of bonds, coupons, and other evidences of in- debtedness than outstanding and sought to have funded), together with a full and complete statement of the purposes for which such bonds are to be used. On presentation of such petition, the same shall be entered in full on the min- utes of the board. Sec. 34. Immediately after the recording of said peti- tion, the board shall call a special election, at which shall be submitted to the electors of such district the question whether or not the bonds of such district in the amount sot forth in said petition shall be issued. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at vi-iity days, and also by publication of such notice in some newspaper published in the county whore the ofiirr of tin' board of directors of such district is required to be kept, once a week for at least three successive wteks before such election. Such notice must specify the time of holding the election, the amount of bonds proposed to be issm d, the amount of bonds, coupons or other evidences of indebtedness proposed to be funded, (iogi ther with a gen- eral description of the same. Said election shall be held and the result thereof determined and declared in all re- spects as nearly as practicable in conformity with the pro- visions governing the election of officers; provided, that no Art 987. §§ 35-37 DRAINAGE. SOi informalities in conducting such an election shall invali- date the same, if the election sh:>ll have been otherwise fairly conducted. At such election, the ballots shall con- tain the words "Bonds — Tea" or "Bonds — No" or words equivalent thereto. Tf two thirds of the votes cast are "Bonds — Yes" the board of directors shall cause bonds in said amount to be Issued. Tf more than one third of the votes cast at such (led ion are "Bonds — No," the result of such election shall be so declared. The result in either case shall be duly entered of record. Sec. 35. If said bonds are directed to be issued as herein provided for, the board of directors shall cause the same to be issued. Said bonds shall be made payable in gold coin of the United States, in twenty series, as follows, to wit: On the first day of January after the expiration of twenty years, five per cent of the whole amount of said bonds, and on the first day of January of each year there- after, an equal amount of such bonds until all shall have been finally paid; that is, five per cent of the whole issue of bonds — not five per cent of each bond, each being wholly payable when due. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually on the first day of January and July of each year. They shall be negotiable in form, and shall be of denominations of not less than $100 nor more than $500. Said bonds shall in all respects conform to the form of bonds prescribed here- inbefore. Sec. 36. It shall be unlawful to sell or exchange any of the bonds as herein provided for less than their par value. Sec. 37. When bonds issued under section 35 of this act shall be duly executed, they shall be deposited with the treasurer of the county wherein the district was organized, who is hereby authorized and charged with the duty of receiving the same, and his receipt shall be taken therefor, and he shall be charged with the same on his official bond, and shall have no power to deliver the same in exchange for any bonds or indebtedness proposed to be funded until the bonds or evidence of indebtedness proposed to be funded shall have been surrendered to him, and he shall have been ordered by the board of directors of the district, by an order duly entered on their records to make such delivery. When such bonds have been exchanged for other bonds, coupons, or other evidences of indebtedness, the said treas- urer shall at once cancel such other bonds, coupons, or other 369 DRAINAGE. Act 987, §§ 3S-10 evidences of indebtedness by writing across the face thereof "Canceled" and the date of cancellation, and report the same with his next regular report hereinafter provided for to the board of directors of the district designating the bond, coupon, or other evidence of indebtedness, so that it can be identified, the date of cancellation, and the person from whom it was received, together with the amount paid there- for, or the terms of exchange, in case there is an exchange. Sec. 38. When said bonds are issued for the purpose of sale to the highest bidder, the board may sell said bonds from time to time, in such quantities as may be necessary and most advantageous, to raise money to pay bonds, cou- pons, or other evidences of indebtedness of the district which were outstanding at the time of the filing of said petition, and generally described therein. .Resolution of intention must be "declared, and notice given, and the saJe conducted in the manner prescribed in section 29 of this act for the sale of original bonds. Said bonds shall in no event be sold for less than their par value including accrued in- terest. All moneys realized from the sale of bonds,, issued under the provisions of this section, shall be paid into the hands of the said treasurer, and by him kept in a separate fund, known as the funding fund, and shall be applied ex- clusively to the payment of bonds, coupons, or other evi- dences of indebtedness of the district outstanding at the time of filing of the said petition, and described therein. Sec. 39. The bonds issued as herein provided for may be exchanged, at not less than their par value, including accrued interest, for any of the indebtedness set out and described in the notice of the election authorizing the issuance of said re- funding bond. A* contract for such exchange may be made by the board of directors upon such terms as said board may deem advisable; provided, that they must receive not less than par value for the bonds so exchanged. Sec. 40. The board of directors must, on or before the first meeting of the board of supervisors in September of each year, furnish the supervisors and the auditor of the county wherein the district is situated, or if such district is not entirely within one county, then as hereinafter pro- vided, to the supervisors and auditors of each county in which any portion of the district is situated, an estimate in writing of the amount of money needed for the purposes of the district for the ensuing fiscal year. This amount must be sufficient to raise the annual interest on the out- Gen. Laws — 24 Act 987, §§ 41-45 DRAINAGE. 370 standing bondu, to pay the estimated cost of repairs, the incidental expenses of the district, and in any year in which any bonds shall fall due, an amount sufficient to pay the principal of the outstanding bonds as they mature. Sec. 41. If such district is in more than one county the total estimate as provided for in the preceding section shall be divided by the board of directors in proportion to value of the real property of the district in each county. This value must be determined from the equalized values of the last assessment rolls of such counties. When such division of the estimate has been made, the board shall furnish the supervisors and auditors of the respective counties a written statement of that part of the estimate apportioned to that county. Sec. 42. The board of supervisors of each county wherein is situated a district or any part thereof organ- ized under the provisions of this act, must, annually, at the time of levying county taxes, levy a tax to be known as the " (name of district) drainage district tax," sufficient to raise an amount reported to. them as herein provided, by the board of directors. The supervisors must determine the rate of such tax by deducting fifteen per cent for anticipated delinquencies from the total assessed value of the real property of the district within the county as it appears on the assess- ment roll of the county, and then dividing the sum reported by the board of directors as required to be raised by the re- mainder of such total assessed value. Sec. 43. The tax so levied shall be computed and entered on the assessment roll by the county auditor, and if the su- pervisors fail to levy the tax as provided in the preceding section, then the auditor must do so. Such tax shall be col- lected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. See. 44. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto, are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. Sec. 45. If the district is in more than one county, the treasury of the county wherein the district was organized 371 DRAINAGE. Act 987, § § 46-4« shall be the repository of all the funds of the district. For this purpose the treasurers of any other counties wherein is situated a portion of said district, must, at any time, not oftener than twice each year, upon the order of the board of directors, settle with said board and pay over to the treasurer of the county where the district was organized, all moneys in their possession belonging to the district. Said last-named treasurer is authorized and required to receive and receipt for the same, and to place the same to the credit of the district. He shall be responsible upon his official bond for the safe- keeping and disbursement, in the manner herein provided, of these and all other moneys of the district held by him. Sec. 46. The following funds are hereby create! and es- tablished, to which the moneys properly belonging shall be apportioned by the treasurer, to wit : Bond fund, construction fund, general fund, funding fund. Sec. 47. The treasurer shall pay out of the same only upon warrants of the board of directors, signed by the president and attested by the secretary. The treasurer shall report in writing at each regular meeting of the board of directors and as often thereafter as requested by the board, the amount of money in the fund, the amount of reeeip's since his Inst report, and the amount paid out; such reports shall be veri- fied and filed with the secretary of the board. Sec. 48. Upon the presentation of tht coupons due, to the treasurer, he shall pay the same from the bond fund. Whenever said fund shall amount to the sum of ten thousand dollars in excess of an amount sufficient to meet the interest coupons due, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in the manner hereinbefore provided for the sale of bonds, for sealed pro- posals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by fchi treasurer, under the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in said "bond 1'nnd" and may be used to redeem said district bonds when- ever the holders thereof may desire. Act 987, §§ 40-52 DRAINAGE. 371 Sec. 49. After adopting a plan for such conduits, drains, pumping plants, water gates and other works, as in this act provided for, the board of directors shall irive notice by pub- lication thereof not li *s than twenty days in one newspaper published in each of the counties composing the district (pro- vided, a newspaper is published therein) and in such other newspapers as tiny may deem advisable, calling for bids for the construction of sue work, or of any portion thereof; if less than the whole work is advertised, then the portion so adver- tised must be particularly described in such notice. Said no- tice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for open- ing said proposals, which, at the time and place appointed shall be opened in public: and as soon as convenient thereaf- ter the board shall let said work, whether in portions or as a win ile. to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Con- tracts for the purchase of material shall be awarded to the low. -lie bidder. Any person or persons to whom a contract, may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable tn said district for its use for fifty per cent of the amount of the contract price, conditioned for the faithful perform- ance of said contract. The work shall be done under the di- rection and to the satisfaction of the engineer, and be ap- proved by the board. Sec. 50. No claim shall be paid by the treasurer until al- lowed by the board, and only upon a warrant signed by the president, and countersigned by the secretary. Sec. 51. The cost and expense of purchasing and acquir- ing property and constructing the works and improvements herein provided for, shall be wholly paid out of the construc- tion fund. Sec. 52. The board of directors shall have power to con- struct the works necessary for drainage purposes across any stream of water, water-course, street, aenue, hi^hwav. rail- way, canal, ditch, or flume which the route of said conduits or drains maj intersect or cross, in such manner as to afford security for life and prop* rty; but said board shall restore th< same, when so crossed or intersected, to its former state as near as may be, or in such manner as not to have impaired un- 373 DRAINAGE. Act 987, § § 53-55 necessarily its usefulness; and every company whose railroad, and the board of supervisors, where any public highway shall be intersected or crossed by said works, shall unite with said board in forming said intersections and crossings, and grant the privileges aforesaid; and if such railroad company, or said board of supervisors, or the owners and coutrollers of the said property, thing, or franchise so to be crossed, and the said board cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as is herein provided in respect to the taking of property by con- demnation. The right of way is hereby given, dedicated, and set apart, to locate, construct and maintain said works over and through any of the lands which are now or may be the property of this state. Sec. 53. Each member of the board of directors shall re- ceive three dollars per day for each day's attendance at the meetings of the board, and actual and necessary expenses while engaged in official business under the order of the board. Sec. 54. No director or any other officer named in this act shall in any manner be interested, directly or indirectly in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misde- meanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Sec. 55. The board of directors may at any time, when in their judgment it may be deemed advisable call a special elec- tion and submit to the qualified electors of the district the question, whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election must be called upon the notice prescribed and the same shall be held and the result thereof determined and declared in all respects in con- formity with the provisions of section 27 of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be used. At such elections the ballots shall contain the words "As- sessment — Yes" or "Assessment — No." If two-thirds or more of the votes cast are "Assessment — Yes," the board shall proceed in the manner hereinbefore prescribed for rais- ing the annual funds by taxation. When collected, the Act 987, §§ 56-58 DRAINAGE. 374 money shall be paid into the district treasury for the pur- pose specified in the notice of such special election. Sec. 56. The board of directors shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; except for the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessmer^, incur an in- debtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent per annum. Sec. 57. The rights of way, ditches, drains, conduits, flumes, pipe lines, dams, reservoirs, pumping plants, and other property of like character belonging to any drain- age district shall not be taxed for state and county or municipal purposes. Sec. 58. The board of directors shall within thirty days after the issue of any bonds herein provided for bring an action in the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of gen- eral circulation published in the county where the action is pending, such paper to be designated by the court having jurisdiction of the proceedings. Jurisdiction shall be complete within thirty days after the full publication of such summons in the manner herein provided. Any one interested may, at any time before the expiration of said thirty days, appear and by proper proceedings contest the validity of such bonds, and may in the same action or proceeding contest the validity of any bonds, coupons, or other evidences of indebtdeness referred to in the peti- tion for funding and proposed to be funded, and if any such bonds, coupons, or evidences of indebtedness be shown to be invalid, then the same shall only be funded for the amount of such proportion thereof as equals the fair and reasonable value of whatever the district may have received in consideration therefor, together with 373 DRAINAGE. Act 987, §§ 59, 60 unpaid interest thereon, and the amount of such propor- tion shall be determined and adjudicated by the court in said action or proceeding. Such action shall be speedily tried and judgment rendered declaring such bonds so con- tested either valid or invalid. Either party =;hall have the right to appeal at any time within thirty d ya after the entry of such judgment, which appeal must be heard and determined within three months from the time of taking such appeal. Sec. 59. If no such proceeding shall have been taken by the board of directors, then at any time after thirty daj's and within ninety days after the issue of any bonds under the provisions of this act, any district assessment payer may bring an action in the superior court of the county wherein the office of the board of directors is lo- cated, to determine the validity of any such bonds. The board of directors shall be made parties defendant and service of summons shall be made on the members of the board personally, if they can be found within the state; if not, then by publication for three weeks in some newspaper, of general circulation within the county wherein the office of the board of directors is located, such newspaper to be designated by the court having jurisdiction. Before such publication can be had, an affidavit, in the usual form shall oe made, showing such facts. Said board shall have the right to appear and contest such action. Notice of said action shall be given by publication of summons therein in the same manner and for the same time as required in the preceding section hereof in actions brought by the publication of such summons in the manner herein pro- vided. Any district assessment payer or any one interested may appear and defend said action, and thereafter the same proceedings shall be had in such action as are i inbefore provided for in the preceding section hereof in actions brought by the board of directors, and the same matters determined and adjudicated by the court therein. Such action shall be speedily tried, with the right of ap peal to either party, within the time and manuer hen in provided for the bringing of actions by the board to deter- mine such matters. Such appeal shall be heard and de- termined within three months from" the time of taking such appeal. Sec. 60. At the hearing of such proceedings the court shall hear and determine the sufficiency of all proceedings. Act 987, §§ fil-65 DRAINAGE. 376 Sec. 61. If more than one action shall be pending at the same time concerning similar contests in this act provided for, they shall be consolidated and tried together. Sec. 62. The court hearing any of the contests herein provided for, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard any error, irregularity or omission which does not affect the sub- stantial rights of the parties to said action or proceeding. The rules of pleading and practice provide by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The costs of any hearing or contest herein provided for may be allowed and appor- tioned between the parties or attached to the losing party, in the discretion of the court. Sec. 63. No contest of any matter or thing herein pro- vided for shall be made other than within the time and manner herein specified. Sec. 64. The boundaries of any drainage district now organized or hereafter organized under the provisions of this act, may be changed, and tracts of land which were included within the boundaries of such district at or after its organization under the provisions of this act, may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the districts nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, obliga- tion, lien, or charge for or upon which said district was or may become liable or chargeable, had said change of its boundaries not been made, or had not such land been ex- cluded from the district. Sec. 65. The owner or owners in fee of one or more tracts of land which constitute a portion of a drainage district, may, jointly or severally, file with the board of directors of the district a petition, praying that such tract or tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The peti- tion sliall state the grounds and reasons upon which it is claimed that such lands should be excluded, and shall describe the boundaries thereof, and also the lands of such 377 DRAINAGE. Act 9S7, § § 66, 67 petitioner, or petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgdment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. Sec. 66. The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situ- ated, and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be so published in a newspaper published within each of said counties; or, if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. Sec. 67. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all evidence of proofs that mny or shall be introduced by or on behalf of the petitioner >r petitioners, and all objections to such petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections. Such evidence shall be taken down, in shorthand, and a record made thereof and filed with the board. The failure of any per- Act 987, §§ 68, 63 DRAINAGE. S7S boii interested in said district, other than the holders of bonds thereof outstanding at the time of the filing of said petition with said board, to show cause, in writing, why tl>£ ti'act or tracts of land mentioned in said petition Baould not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tra-st or tracts of land, or any part thereof, from said dis- trict; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and a,ll of such petitioners to the exclusion from such dis- trict of the lands mentioned iu the petition, or any part thereof. The expenses of giving said notice and of the aforesaid proceedings shall be paid by the person or persons filing such petition. Sec. 58. If, upon the hearing of any such petition, no evidence cr proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the district that the lands, or some portion thereof, mentioned in the petition should be excluded from the district, the board shall order that said petition be denied as to such lands; but if the board deem it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person in- terested in the district show cause in writing, why the said lands, or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws the same, or upon the hearing fails to establish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district. See. 69. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be excluded from said district by order of said board, may be excluded from the district; and if said lands, or any portion thereof, be thereafter excluded from the district, the lands so ex- cluded shall be released from the lien of such outstanding bonds. The assent must be acknowledged by the several holders of such bonds in the same manner and form as is required in case of a conveyance of land, and the ac- ■ knowlcdgment shall have the same force and effect as evi- dence as the acknowledgment of such conveyance. The as- 379 DKAINAGE. Act 987, §§ 'n>- r: sent shall be filed with the board, and must be recorded in the minutes of the board; and said minutes, or a copy- thereof, certified by the secretary of said board, shall be admissible in evidence, with the same effect as the said as- sent, and such certified copy thereof may be recorded in the of ce of the county recorder of the county wherein said lands are situated. Sec. 70. In the event the said board of directors shall exclude any lands from said district upon petition there- for, it shall be the duty of the board of directors to make an entry in the minutes of the board, describing th? boun- daries of the district, should the exclusion of said lands from said district change the boundaries of said district, and for that purpose the board may cause a survey to be made of such portions of the district as the board may deem necessary; and a certified copy of the entry in the minutes of the board excluding any land, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the land of the district; but said dis- trict, notwithstanding such exclusion, shall be and remain a drainage district as fully to every intent and purpose as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district. Sec. 71. If the lands excluded from any' district under this act shall embrace the greater portion of any division or divisions of such district, then the office of director for such division or divisions shall become and be vacant at the expiration of ten days from the final order of the board excluding said lands; and such vacancy or vacancies shall be filled by appointment by the board of supervisors of the county where the office of such board is situated, from the district at large. A director appointed as above provided, shall hold his office until the next regular election for said district, and until his successor is elected and qualified. Sec. 72. At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing said district into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second third and so on, and one director shall be elected by each division. For the purposes of elections in such elistrict, the said board of directors must establish a convenient num- ber of election precincts, and define the boundaries thereof, Act 987, §§ 73-73 DRAINAGE. 3S'J which said precincts may be changed from time to time, as the board of directors may deem necessary. Sec. 73. A guardian, an executor, or an administrator of an estate, who is appointed an such under the laws of this state, and who as such guardian, executor, or admin- istrator, is entitled to the possession of the lands belong- ing to the estate which he represents, may on behalf of his ward, or the estate which he represents, upon being thereto properly authorized by the proper court, sign and acknowledge the petition in section 65 of this act men- tioned, and may show cause, as herein provided, wby the boundaries of the district should not be changed. Sec. 74. Nothing herein provided shall, in any manner, operate to release any of the lands so excluded from the district from any obligation tc pay, or any lien thereon, of any valid outstanding bonds or other indebtedness of said district at the time of the filing of said petition for the exclusion of said lands, but upon the contrary, said lands shall be held subject to said lien, and answerable and chargeable for and with the payment and discharge of all of said outstanding obligations at the time of the filing of the petition for the exclusion of said land, as fully as though said petition, for such exclusion were never filed and said order of exclusion never made; and for the pur- pose of discharging such outstanding indebtedness, said lands so excluded shall be deemed and considered as part of said drainage district the same as though said petition for its exclusion had never been filed or said order of exclusion never made; and all provisions which may have been re- sorted to to compel the payment by said lands of its quota or portion of said outstanding obligations, had said exclusion never been accomplished, may, notwithstanding said exclu- sion, be resorted to to compel and enforce the payment on the part of said lands of its quota and portion of said out- standing obligations of said drainage district for which it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any obligation of any nature or kind whatever, incurred after the filing with the board of directors of said district of the petition for the exclusion cf said lands from the said district; provided, that the provisions of this section shall not apply to any oustanding bonds, the holders of which have assented to the exclusion of such lands from said district, as hereinbefore provided. Sec. 75. The boundaries of any drainage district now organized or hereafter organized under the provisions of 381 DRAINAGE. Act 987, §§ -.6. .1 this act may be changed in the manner herein prescribed, but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to prop- erty, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any con- tract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made. Sec. 76. The holder or holders of title, or evidence of title, representing one half or more of any body of lands adjacent to the boundary of a drainage district, which are contiguous and which taken together, constitute one tract of land, may file with the board of directors of said dis- trict a petition, in writing, praying that the boundaries of said district may be so changed as to include therein said lands. The petition shall describe the boundaries of said parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners, respectively, of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are entered by the county assessor in the assessment book. Such peti- tion must contain the assent of the petitioners to the in- clusion within said district of the parcels or tracts of land described in the petition, and of which said petition alleges they are, respectively, the owners; and it must be acknowl- edged in the same manner that conveyances of land are re- quired to be acknowledged. Sec. 77. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issue of bonds are required by this act to be published. The notice shall state the filing of such petition and the names of the pe- titioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to ap- pear, at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the change in the boundaries of said district, as pro- posed in said petition, should not be made. The time to be specified, in the notice at which they shall be required to show cause shall be the regular nutting of the board next after the expiration of the time for the publication of Act 9St, §§ 7S-80 DRAINAGE. S8J the notice. The petitioners shall advance to the s< tary sufficient money to pay tho estimated costs of all pro- ceedings arising from such petition. Sec. 78. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be ad- journed, shall proceed to Ik ar the nrtition and all the objections thereto, 'presented in writing by any person showing cause as aforesaid why said proposed change of the boundaries of the district should not be made. The failure by any person interested in said district, or in the matter of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as aforesaid. shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any por- tion of the lands described in said petition. Sec. 79. The board of directors to whom such petition is presented, may require, as a condition precedent to the granting of the same, that the petitioners shall sev- erally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments, had such lands been included in such district at the time the same was originally formed. Sec. 80. The board of directors, if they deem it not for the best interests of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed and if no person interested in said district or the proposed change of its boundaries shows cause, in writing, why the proposed change should not be made, or if, having shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in said petition or some part thereof. The order shall describe the boundaries as 3S3 DRAINAGE. Act 9S7, § § S1-S3 changed, and shall also describe the entire boundaries of the district as they will be alter the change thereof as aforesaid is made; and for that purpose the board may cause a survey to be made of such portions of such bound- ary as is deemed necessary. Sec. 81. If any person interested in said district of the proposed change of its boundaries, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petite i, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board are of the opinion should be in- cluded within the boundaries of the district when changed. Sec. 82. Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as men- tioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and pub- lished, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the re- sult of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by this act in case of a special election to determine whether bonds of a drainage district shall be issued. The ballots cast at said election shall contain the words "For change oi boundary" or "Against change of boundary" or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 83. if at such election a majority of all the votes cast at said ' election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries be changed in ac- cordance with said resolution adopted by the board. The said order shall describe the entire boundaries of said Act 987, §§ 84-87 DRAINAGE. 384 district, and for that purpose the hoard may cause a sur- vey of such portions thereof to be made as the board may deem necessary. Sec. 84. Upon a change of the boundaries of a district being made, n copy of the order of the board of directors ordering such change, certified by the president and sec- retary of the board, shall be filed for record in the re- corder's office of each county within which are situated any of the lands of the district, and thereupon the dis- trict shall be and remain a drainage district, ns fully, and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries, as aforesaid, bad been included therein at the original organization of the district. Sec. 85. Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the peti- tion. Sec. 86. A guardian, an executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or ad- ministrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on be- half of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in section 76 of this act men- tioned and may show cause why the boundaries of the dis- trict should not be changed. Sec. 87. In case of the inclusion of any land within any district by proceedings under this act, the board of directors, must, at least thirty days prior to the next succeeding general election, make an order redividing such district, into three or five divisions, as the case may require, as nearly equal in size as may be practicable, which shall be numbered first, second, third and so on, and one elector shall thereafter be elected by each division. For the pur- pose of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary. 385 DRAINAGE. t Act 987, §§ 88-91 Sec. 88. Whenever the board of directors of a drain- age district heretofore organized, or hereafter organized under the provisions of this act, shall determine that the authorized bonded indebtedness of such drainage district is greater than such district is liable to need to com- plete its system as planned, and there be no outstanding bonds, the board of directors may call a special election for the purpose of voting upon a proposition to reduce such bonded indebtedness to such sum as the board may determine to be sufficient for such purpose. Sec. 89. iNotice of the said election shall be given in the same manner as provided in section twenty-seven of this act, in relation to calling special elections for issu- ance of bonds. The notice of election must state the amount of the authorized bonded indebtedness of such dis- trict, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held and the polling-places, as established by said board of directors. The ballots cast at said election shall contain the words "For reducing bonds — Yes," or "For reducing bonds — No." When the vote is canvassed by the board of directors and entered of record, if a majority of the votes cast shall be "For reducing bonds — Yes," then in that event the board of directors shall only be empowered to issue or sell the amount of bonds as was stipulated in the said notice of such special election; but if a majority of said votes are not "For reducing bonds — Yes," then the au- thority to issue bonds shall remain the same as before said special election was held. Sec. 90. In case there be outstanding bonds of any dis- trict desiring to take advantage of the provisions of sec- tions 88 and 89 of this act concerning reduction of bonded indebtedness, the assent of such bondholders may be ob- tained to such reduction of the bonded indebtedness, in the same manner as provided in section sixty-nine of this act. If such assent is obtained in the manner therein pro- vided, then, and in that event, such district shall be em- powered to take advantage of all the provisions of said sec- tions of this act, but not otherwise. No reduction of the bonded indebtedness, as in this act provided shall in any manner affect any order of court that may have been made, adjudicating and confirming the validity of said bonds. Sec. 91. Whenever there remains in the hands of the board of directors of any drainage district organized under Gen. Laws — 25 Act 0S7, § § 92-95 DRAINAGE. J8K the provisions of this act, after the completion of its drain- age system, and the payment of all demands against such district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of funds, for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds, or so many of them as may be deemed best, or may submit such proposition at a general election. Sec. 92. Such election shall be held in the same manner as other elections held under the provisions of this act. A notice of such election shall be given in the same manner as provided in section twenty-seven of this act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded in- debtedness of such district authorized by the vote of the district, the amount of the bonds remaining unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to be held, and the polling-places as fixed by the board of directors. The ballots to be cast at such election shall contain the words "For destroying bonds — Yes" and "For destroying bonds — No," and the voter must erase the word "No" in case he favors * l ie de- struction of bonds, otherwise the word "Yes." Sec. 93. When the vote is canvassed hy the board of directors and entered of record, if a two-thirds majority of the votes cast should be found to be in favor of the destruc- tion of said bonds, then the president of the board, in the presence of a majority of the members of the board, must destroy the bonds so voted to be destroyed, and the total amount of bonds so destroyed and canceled shall be de- ducted from the sum authorized to be issued by the electors of said district, and no part thereof shall thereafter be re- printed or reissued. Sec. 94. Nothing in this act shall be so construed as to affect the validity of any district heretofore organized under the laws of this state, or its rights in or t:> property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby m?de subject +o the provisions jf this act so far as applicable; nor shall it affect, impair, or discharge any contract obligation, lien, or charge, for or upoa which it was or might become liable or chargeable had not this act been passed. Sec. 95. Nothing in this act shall be construed aa ~er>oal- ing or in anywioe modifying the provisions of any other act I mi EL DORADO COUNTY. Acts 992-9JS relating to the subject of drainage except such as may be contained in the act entitled "An act to provide for the 01- ganization and government of drainage districts, for tho drainage of agricultural lands other than swamp and ovei- flowed lands," approved March thirty-first, eighteen hundred and ninety-seven, and any subsequent acts supplementary thereto, or amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. Sec. 96. This act shall take effect from and after its pas- sage and approval. TITLE 141. EL DORADO COUNTY. ACT 992. Protection of agriculture in, and prevention of animals from trespassing. [Stats. 1875-6, p. 356.] Repealed 1877-8, 557. ACT 993. AuthoriziHg assessor to appoint one or more deputies. [Stats. 1877-8, p. 110.] Repealed by County Government Act, 1897, 549, sec. 190. ACT 994. Board of auditors of, creating and prescribing powers of. [Stats. 1873-4, p. 825.] Amended 1S75-6, 681; 1877-8, 281. Superseded by County Govern- ment Act, 1S97, 452. ACT 995. For the funding of the bonded indebtedness of. [Stats. 1877-8, p. 1046.] ACT 996. Lawful fences in. [Stats. 1869-70, p. 584.] ACT 997. Mud Springs township, trespassing of animals upon private property in. [Stats. 1873-4, p. 859.J "Modified and probably repealed by estray law, 1S97, 198; 1901, 603."— Code Commissioner's Note. ACT 098. Improvement of roads in. [Stats. 1877-8, p. 545.] Repealed 18S3, 5 chap. X, sec. 2. Acta 990-1007 EL DORADO COUNTY. «* ACT 999. Roads and highways in. [State. 1871-2, p. 372.] Amended 1873-4, 771. Repealed 1883, p. 5, chap. X, sec. 8. ACT 1000. Fixing the salaries of certain officers in. [Stats. 1877-8, p. 778.] Repealed by County Government Act, 1897, 549, sec. 190. ACT 1001. Regulating fees and salaries in. [Stats. 1869-70, p. 198.] Amended 1869-70, 747; 1871-2, 412, 592, 894; 1873-4. 710. "Repealed as to the fees and salaries therein named by the va- rious County Government Acts and the fee bill of U95. 267."— Code Commissioner's Note. ACT 1002. Supervisors, organizing board of, and defining duties of. [Stats. 1873-4, p. 872.] Repealed by County Government Act, 1897, 452. ACT 1003. Authorizing supervisors to levy a special tax. [Stats. 1871-2, p. 793.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. ACT 1004. Levy of taxes for county purposes and for redemption of bonded indebtedness of. [Stats. 1C77-8, p. 75. J ACT 1005. Disposition of proce~d3 of poll taxe3 in. [Stats. 1873-4, p 9*1.] Repealed by Political Code, sec. 3861. ACT 1006. Treasurer of to transfer certain funds. [Stats. 1S7;>G, p. 311.] Amended 1877-8, 638. Superseded by sub-J. 18, sec. 25, County 'gov- ernment Act, 1897, 463. ACT 1007. Providing for election of treasursr *>.nd collector and fixing their compensation. [Stats. 1871-2, p. 377. J Superseded by County Government Act, 1897, 452, sees. 55, 190. 38J ELECTIONS. Acts iui2-1018 TITLE 142. ELECTIONS. ACT 1012. Providing for general primary elections, to promote the purity thereof by regulating the conduct thereof and to support the privilege of free suffrage thereat by pro- hibiting certain acts and practices in relation thereto and providing for the punishment thereof and for other purposes. [Stats. 1897, p. 115.] Cal. Rep. Clt. 118, 302; 129, 340. Unconstitutional. (Spier v. Baker, 120 Cal. 370.) Primary elections: See Political Code, sees. 1357-1380. ACT 1013. Providing for a general primary election in counties of cer- tain classes. [Stats. 1895, p. 207.] "Unconstitutional. (Marsh v. Hanly, 111 Cal. 363.) Superseded by Political Code. sees. 1357-1375, added 1901, 606."— Code Commissioner's Note. ACT 1014. In relation to elections held under the authority of section, 8, art. XI, of the Constitution, to elect boards of free- holders, or to vote upon proposed charters, or upon amendments to existing charters. [Stats. 1897, p. 288.] Repealed 1899, 63. Cal. Rep. Cit. 126, 392. ACT 1015. To promote the purity of elections by regulating the con- duct thereof, and to support the privilege of free suf- frage by prohibiting certain acts and privileges in re- lation thereto, and providing for the punishment thereof. [Stats. 1893, p. 12.] Amended 1895, 227; 1905, 37; 1905, 93. Codified In part by amendments of Penal Code, 1905. See r»ote3 to §§ 42, 42a, 46, 47, 49, 50, 51, 54a, 54b, 57, 57a, 59, Penal Code. This act appears In full In Political Cade, Appendix, p. 1044. Cal. Rep. Cit. 141, 415; 141, 416; 146. 314. Unconstitutional in so far as it requires an oath of a successful candidate for office, in addition to that prescribed by the constitution. (Eradley v. Clark, 133 Cal. 196.)" — Code Commissioner's Note. ACT 1016. Intoxicating liquors, preventing sale of on election days. [Stats. 1873-4, p. 297.] AcU 1017-1031 ELINORS-EMIGRATION. 890 ACT 1017. Election tickets, to prevent circulntion of bogus, and to prevent frauds upon voters. [Stats. 1877-8, ]>. ISO.] Amended ISS'J. 209. Repealed by Political Code, sees. 1U6, 1197. ACT 1018. Piece clubs, prohibition of. [Stats. 1877-8, p. 236.] "Modified, If not repealed, by the purity of elections act, 1893, 12/'— Code Commissioner's Note. In full In Appendix to Penal Code, p. 589. ACT 1019. Concerning special elections. [Stats. 1877-S, p. 73.] Cal. Rep. Clt. 130, 94. "Not repealed, but not applicable to existing laws, because there Is now no great register. As to cities, see 1899, 63." — Code Commis- sioner's Note. In full in Appendix to Political Code, p. 1007. ACT 1020. Creating a state commission in voting or balloting ma- chines, denning their powers, and providing for the use at the option of indicated local authorities if voting or ballot machines for receiving and register- ing the vote in one or more precincts of any county, or city and county, city or town, at any or all elections held therein, and for ascertaining the result at such elections; and providing for the punishment of all violations of the provisions of this act. [Stats. 1903, p. 262.] This act appears In fu'l in Political Code, Appendix, p. 1068. TITLE 143. ELISORS. ACT 1026. Fees of. [Stats. 1873-4, 794.] Superseded by County Government Acts, 1897, 481, sec. 10B. TITLE 144. EMIGRATION. ACT 1031. An act to promote emigration from the state of California. [Approved March 26, 1SS0; 1SS0, 15 (Ban. ed. 50).] 391 EMPLOYMENT AGENTS— ESCAPE. Acts 1036, 1041 To promote emigration from the state. Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company, or firm or corporation, that may be engaged in this state in the transportation of pas- sengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever showing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, com- pany, corporation, association, or individual, or firm; and any person or corporation who shall violate the pro- visions of this section, or in pursuance of any agree- ment, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any pass- port or other document required by law to be presented, having the signature or seal of any foreign consul resident within this state. Sec. 2. This act shall take effect on and after its- pas- sage. TITLE 145. EMPLOYMENT AGENTS. ACT 1036. Defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fix- ing penalties therefor. [Stats. 1903, p. 14.] Amended 1905, 143. This act appears in full in Penal Code, Appendix, p. 592. Cal. Rep. Cit. 144, 235. TITLE 146. ESCAPE. ACT 1041. Concerning the escape of convicts of the state 's prison. [Stats. 1855, 203.J Acts 1046-104S, § § 1, 2 ESCHEAT— ESTABLISHMENT OF TITLES. 392 This act related to the arrest, trial, recommitment, and punish- ment of convicts who had escaped. Superseded by Penal Code, sees. 105-11L TITLE 147. ESCHEAT. ACT 1046. Concerning escheated estates. [Stats. 1852, 103.] Amen-ded 1S55, 221; 1S62, 27; 1S69-70, 72. Superseded by Code of Civil Procedure, sees. 1269-1272. ACT 1047. To provide for the sale of escheated estates. [Stats. 1S67- 8, 215.] Superseded by Code of Civil Procedure, sees. 1269-1272 TITLE 147a. ESTABLISHMENT OF TITLES. ACT 1048. An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records. [Approved June 16, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the public records in the office of a county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire or earthquake, any .person who claims an estate of inheritance, or for life in, and who is by himself or his tenant, or other person, holding under him, in the actual and peaceable pos- session of any real property in such county, may bring and maintain an action in rem against all the world, in the supe- rior court for the county in which such real property is situ- ate, to establish his title to such property and to determine all adverse claims thereto. Any number of separate parcels of land claimed by the plaintiff may be included in the same action. Sec. 2. The action shall be commenced by the filing of a verified complaint, in which the party so commencing the same shall be named as plaintiff, and the defendants shall be described as "all persons claiming any interest in, or lien upon the real property herein described, or any part therb*- of, " and shall contain a statement of the facts enumerated in section one of this act, a particular description of such 393 ESTABLISHMENT OF TITLES. Act 1048, § § 3, 4 real property, and a specification of the estate, title, or inter- est of the plaintiff therein. Sec. 3. Upon the filing of the complaint, a summons must be issued under the seal of the court, which shall contain the name of the court and county in which the action is brought, the name of the plaintiff and a particular description of the real property involved, and shall be directed to ' ' all persons claiming any interest in, or lien upon the real property here- in described, or any part thereof," as defendants, and shall be substantially in the following form: "In the superior court of the State of California in and for the county (or city and county) of " Action No Plaintiff, vs. All persons claiming any interest in, or lien Action No.. . . upon, the real property herein described or any part thereof, Defendants. The People of the State of California, to all persons claiming any interest in, or lien upon, the real property herein described or any part thereof, defendants, greeting: You are hereby required to appear and answer the com- plaint of , plaintiff, filed with the clerk of the above entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the county (or city and county) of , State of California, particularly described as follows: (Here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (Here insert a statement of the relief so demanded) Witness my hand and the seal of said court, (Seal) this day of A. D Clerk. ' ' Sec. 4. The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor Act 1W8, § 5, 6 ESTABLISHMENT OF TITLES. 394 need any copy of the complaint be aerved, except aa here- inafter required. The aummons shall be published at least once a week for a period of two months, and to each pub- lication thereof shall be appended a memorandum in sub- stance as follows: "The first publication of this summons was made in .... (here insert name) newspaper on the day of A. D ," (inserting the date). And if the affidavit provided for in section five of this act discloses the name of any person claiming an interest in the property, or a lien thereon adverse to the plaintiff, that fact, together with the name and address (if -given) of said person shall be stated in a memorandum to be appended to the sum- mons in substance as follows: "The following persons are said to claim an interest in, or lien upon said property adverse to plaintiff." (giving their names and addresses as above provided). A copy of the sum- mons, together with a copy of the foregoing memoranda, shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within fifteen days after the first publication of the summons. Sec. 5. At the time of filing the complaint, the plaintiff shall file with the same his affidavit, fully and explicitly set- ting forth and showing (1) the character of his estate, right, title, interest or claim in, and possession of the property, dur- ing what period the same has existed and from whom ob- tained; (2) whether or not he has ever made any conveyance of the property, or any part thereof, or any interest therein, and if so when and to whom; also a statement of any and all subsisting mortgages, deeds of trust, and other liens there- on; (3) that he does not know and has never been informed of any other person who claims or who may claim, any in- terest in, or lien upon, the property or any part thereof, ad- versely to him, or, if he does know or has been informed of any such person, then the name and address of such per- son. If the plaintiff is unable to state any one or mor.> of the matters herein required, he shall set forth and show, fully and explicitly, the reasons for such inability. Such affidavit shall constitute a part of the judgment roll. If the plaintiff be a corporation, the affidavit shall be made by an officer thereof. If the plaintiff be a person under guardian ship the affidavit shall be made by his guardian. Sec. 6. If the said affidavit discloses the name of any person claiming any interest in, or lien upon, the property adverse to the plaintiff, the summons shall also be per- 3J4a ESTABLISHMENT OF TITLES. Act 101S. §§ r-9 sonally served upon such person if he can be found within the State, together with a copy of the complaint and a copy of said affidavit during the period of the publi- cation of the summons; and to the copy of tho summons delivered to any such person there shall be appended a copy of the memorandum proyided for in section 4 hereof. If such person resides out of this state a copy of the summons, memoranda, complaint and affidavit shall be within fifteen days after the first publication of the summons de- posited in the United States post office, enclosed in a sealed envelope, postage prepaid, addressed to such person at the address given in the affidavit or if no address be given therein, then at the county seat at the county in which the action is brought. If such person resides within this state and could not with due diligence be found within the state, within the period of the publication of the summons, then said copies aforesaid shall be mailed to him as above provided forthwith upon the expiration of said period of publication. Sec. 7. Upon the completion of the publication and posfc- incr of the summons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served the court shall have full and complete jurisdiction over the plaintiff and the said property and of the person of every one having or claiming any estate, right, title or interest, in or to, or lien upon, said prop- erty, or any part therof, and shall be deemed to have obtained the possession and control of said property for the purposes of the action, and shall have full and com- plete jurisdiction to render the judgment therein which is provided for in this act. Sec. 8. At any time within three months from the fir^t publication of the summons, or within such further time, not exceeding thirty days as the court may, for good cause, grant, any person having or claiming any estate, right, title or interest, in or to, or lien upon, said prop- erty or any part thereof, may appear and make himself a party to the action by pleading to the complaint. All answers must be verified and must specifically set forth the estate, right, title, interest, or lien so claimed. Sec. 9. The plaintiff must, at the time of filing the com- plaint and every defendant claiming any affirmative relief must, at the time of filing his answer, record in the office of the recorder of the county in which the property is situated, a notice of the pendency of the action contain- Act 1048, J { 10-13 ESTABLISHMENT OF TITLES. 334b ing the object of the action or defense, and a particular description of the property affected thereby; and the re- corder shall record the same in a book devoted exclusively to the recordation of such notices and shall enter, upon a map or plat of the parcels of land, to be kept by him for that purpose, on that part of the map or plat repre- senting the parcel or parcels so described a reference to the date of the filing of such notice and, when recorded, to the book and page of the record thereof. Sec. 10. No judgment in any such action shall be given by default; but the court must require proof of the facts alleged in the complaint and other pleadings. Sec. 11. The judgment shall ascertain and determine all estates, rights, titles, interests and claims in and to sai.l property and every part thereof, whether the same be legal or equitable, present or future, vested or contingent, or whether the same consist of mortgages or liens of any description and shall be binding and conclusive upon ever person who, at the time of the commencement of the ac- tion, had or claimed any estate, right, title, or interest in or to said property, or any part thereof, and upon every person claiming under him by title subsequent to the com- mencement of the action. A certified copy of the judg- ment in such action shall be recorded in the office of the recorder of the county in which said action was commenced, and any party or the successor in interest of any party to said action may, at his option, file for record in the office of the recorder of such county the entire judgment- roll in said action. Sec. 12. Except as herein otherwise provided, all the provisions and rules of law relating to evidence pleading practice new trials and appeals applicable to other civil actions shall apply to the actions hereby authorized. At any time after the issuance of the summons, any party to the action may take depositions therein in cou- formity to law upon notice to the adverse party sought to be bound by such depositions and who have appeared in the action (if any) and upon notice filed with the clerk. The depositions may be used by any party against any other party giving or receiving the notice (except the clerk), subject to all just exceptions. Sec. 13. The clerk shall number consecutively in a dis- tinct series, all actions hereby authorized and shall keep : 3C4C ESTATES OF DECEASED PERSONS. Acts 1062, 1 53 an index and register thereof, devoted exclusively to such actions. Sec. 14. Whenever judgment in an action hereby au- thorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this act shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in section 6 of this act, either within or with- out this state more than one month before the time to plead expired. Sec. 15. An executor, administrator or guardian or other person holding the possession of property in the right of another, may maintain, as plaintiff, and may ap- pear and defend in the action herein provided for. Sec. 16. The word "county" whenever used in this act includes and applies to a consolidated city and county. Sec. 17. The remedies provided for by this act shall be deemed cumulative, and in addition to any other remedy now or hereafter provided by law for quieting or establish ing title to real property. Sec. 18. All actions authorized hereby must be com- menced before July 1st, 1909. Sec. 19. This act shall be in force thirty days after its passage. TITLE 148. ESTATES OF DECEASED PEKSONS. ACT 1052. Estates of deceased persons, collection of savings bank deposits by next of kin. [Stats. 1873-4, p. 132.] Air. ended In every section, 1S95, 32. This act appears in full In Code of Civil Procedure, Appendix p. 767. ACT 1053. Estates of deceased persons, regulating settlement of, sup- plementing act of May 1, 1851. [Stats. 1871-2, p. 696.1 Repealed by Code of Civil Procedure, sec. 1632. Cal. Rep. Cit. 52, 188; 63, 350; 66, 57; 71, 73. This act appears \n full in Code of Civil Procedure, Appendix, p. 768. It provided for the allowance of claims paid without legal for- malities. Acts 1054-1060, §§ 1, 2 ESTRATS. 3S»M ACT 1054. To provide for the summary sale of mines or mining in- terests belonging to estates of deceased persons. [Stats. 1865-6, 359.] Superseded by Code of Civil Procedure, sees. 1529-1633. ACT 1055. Authorizing certain corporations to act as executor, ad- ministrator, guardian, assignee, receiver, depositary or trustee, and in other capacities and to provide for and regulate the administration of trusts by such cor- porations. [Stats. 1891, 4DU.] Amended 1897, 424; 1903, 244; 190f., 232. This act appears In full In the Appendix to the Civil Code, p. 702. It authorized deposits to be made with such corporations and the re- duction of the bond of an executor, guardian, etc., depositing with such corporation. TITLE 149. ESTRAYS. ACT 1060. An act relating to estrays, providing for taking them np and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up, and repealing all other acts and parts of acts now in force relating to estrays. [Approved March 23. 1901. Stats. 1901, 603.] [Amended 1905, 395.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person finding at any time any estray domestic animal or animals upon his premises, or upon premises to which he has the right of possession, or upon highways adjacent thereto, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as hereinafter provided; and no person shall remove them from the possession of the taker-up, or from the possen- sion of the officer to whom they may have been delivered, except as hereinafter provided. Sec. 2. Any person taking up an estray animal, or ani- ruals, shall confine the seme in m secure place. :ind shall notify the owner thereof in writing if known or if the owner 395 ESTRAYS. Act 1060, §8 3, 4 is unknown within five days file with the county recorder of the county in which such estray is found, a notice containing a description of the animal, or animals, taken up, with the marks and brands, if they have any, together with the probable value of each animal, and a statement of the place where the taker-up found, and when he has confined the same. The county recorder shall receive for filing said notice the sum of fifty cents, and shall keep said notice on file in his office for five years, and at the expiration of said period of five years, may return the same to the person at whose request the same was filed, and on the failure of such person, or his representative, to make demand there- for within sixty days after the expiration of said period of five years, may remove the same from the files of said office and destroy the same. [Amendment, Stats. 1905, 395.] Sec. 3. At any time within thirty days from the date of the filing of the notice specified in section two of this act, any person claiming such estray animal or animals shall appear and demand from the taker-up the possession thereof, and shall, at the same time, pay to the taker-up all damages, expenses and costs incurred by reason of tak- ing up such animal or animals, and upon receiving such damages, expenses and costs, the taker-up shall immedi- ately deliver to the party claiming such animal or animals the possession thereof. Such damages, expenses and costs shall be estimated as follows, to wit: 1. The total amount paid by the taker-up to the county recorder; 2. The sum of fifteen cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer, or calf; 3. The sum of five cents per day for the keeping and care of each sheep, goat, hog, or other animal not herein- before specified; provided, that the taker-up of said ani- mal or animals must properly feed and water the same while under his care; and if he fail so to do shall for- feit all right of lien thereon. Sec. 4. If the party claiming such estray animal or animals is dissatisfied with the amount charged by the taker-up for costs and expenses, he shall tender to the taker-up the proper amount theTefor, and if the said tender be refused, the party claiming such estray animal or Act 1060, § 5 ESTRATS. $a« animals shall -within ten days thereafter commence, in the proper court, suit against the taker-np for the recovery of the possession of such estray animal or animals, in which said action the taker-up may set forth his expenses and costs, and said matter, together with accruing expenses and costs to the time of the entry of the judgment, shall be determined by the court in accordance with the provisions of this act, and the amount of all such expenses and costs, and the costs of said action shall be included in any judgment awarded by said court, and such costs in said action shall be in favor of the plaintiff in said action and against said defendant, if the court shrill find that the amount tendered by the plaintiff to the defendant was not less than the proper amount; otherwise said costs shall be in favor of the de- fendant and against the plaintiff. fy ithout the consent of defendant in any such action, no return of such animal or animals shall be adjudged until the plaintiff shall pay to defendant or deposit in court payable to him, the amount of all such expenses and costs in said action; and in case such payment or deposit be not made within ten days after the same shall have been determined by the court, or said action be not prosecuted with diligence, then the said action may be dismissed on motion of de- fendant without notice; in case of such dismissal, the defendant shall have judgment for his costs. In any such action for plaintiff to recover, it shall be incumbent on him to establish an existing right in himself to the possession of such animal or animals. Sec. 5. If no person appears and claims the animal or animals taken up within thirty days after the filing of the notice hereinbefore mentioned in section three of this act; or if a person does appear and claim -the animal or animals taken up within thirty days after the filing of the notice above referred to, but shall fail to pay to the taker-up the expenses and costs as provided in section three of this act, and shall fail to commence and prose- cute with diligence an action for the recovery of the pos- session of such estray animal or animals within the time required by section four of this act; or if said action shall be dismissed; then the taker-up shall, in writing, notify a constable, or other officer of the township or county in which said animal or animals are held, which notice shall specify that he has complied with all the provisions of this act, and that a claimant of said animal or animals has failed to appear and claim the same as herein provided, or if he 397 ESTHAYS. Act 10SO, §§ B-P has appeared that he has failed to pay the expenses and costs and has failed to commence or prosecute with diligence an action for the recovery of the possession of such animal or animals within the time and in the manner provided for in this act, or that said action has been dismissed, and that such animal or animals are held by him subject to sale. Said constable, or officer, shall immediately proceed to sell such animal or animals at public sale, in conformity with the law concerning sales on execution, and shall be entitled tc the same fees as are provided by law for sales under exe- cution. Sec. 6. Out of the money realized from the sale of estrays, the constable or other officer shall first retain his fees; he shall then pay to the taker-up his expenses and costs estimated as provided in section three of this act, or so much thereof as the funds in his hands will permit, and the surplus, if any, he shall pay to the county treasurer, to be held by him for the owner of the estray or estrays for^which it was received in payment. If any person or persons shall, within one year thereafter, prove to the satisfaction of the board of supervisors of the county in which the estray or estrays were sold, that he or they are entitled to the sum so held by the county treasurer, or any part thereof, the said board of supervisors shall or- der such sum to be paid over to the person or persons; and if not so proven within one year, then the same shall be- come a part of the common school fnnd of said county. Sec. 7. All sales made by any constable, or other offi- cer, under the provisions of this act, shall convey a good and valid title to the purchaser, and the owner of the estray or estrays so sold shall thereafter be barred from all right to recover the same. Sec. 8. The taker-up of an estray animal or animals shall use reasonable care to preserve the same from in- jury, but if an estray animal or animals die or escape from the possession of the tak< r-up at any time while he is holding the same under the provisions of this act, the taker-up shall not be held liable in any manner on account of such animal or animals. Sec. 9. Nothing in this act shall affect the laws or regu- lations in force or which may be in force regarding es- trays, the poundkeeper, or other pound officer within the limits of any city or town where laws regarding estrays are in force. Acta 1061-1066 ESTRAYS. OS Sec. 10. All other acts and parts of acts relating to es- trays now in force are hereby repealed. Sec. 11. This act shall take effect from and after its passage. This act and the act of 1897, 198, repealed all prior acta relating to estrays. Many of these acts are here enumerated. For acts relat- ing to any particular county, see the particular county. /xCT 1061. To prevent the trespassing of animals upon private prop- erty. [Stats. 1855, 70.] Acts relating to trespassing animals were continued in force by Political Code, sec 19. This act was however repealed by the general repealing clauses In the acts of 1897, 198, and 1901, 608. ACT 1062. Concerning estray animals. [Stats. 1856, 186.] See note to act 1061. ACT 1063. To prevent stallions from running at large in Sacramento County. [Stats. 1859, p. 149.] "Extended and amended 1860. 107; 1865-6, 327; 1867-8, 70; 1869- 70, 68; 1878-4, 228. As to penal clauses, repealed by sec. 6, Penal Code; and as to other provisions, probably repealed by estray law of 1897. p. 198, and 1901, p. 603."— Code Commissioners' Note. This act was extended by later acts to the following counties: Sutter, Alameda. Yuba, El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mariposa, Merced, Yolo, Stanislaus, Butte, Men- docino, Shasta, Colusa, Tehama, Sonoma, Siskiyou, Plumas, Sierra, Monterey, San Mateo, Soncma, Nevada, Alpine, and Mono. ACT 1064. Trespassing animals in the counties of Los Angeles, San Diego, and Monterey. [Stats. 1871-2, p. 99.] Amended 1871-2, 241. Repealed as to Monterey County, 1871-2, 566. Extended to Inyo County, 1871-2, 668, chap. CDL. Repealed 1897, 198, and 1901, 603, relating to estrays. ACT 1065. Preventing hogs running at large in Susanville, Lassen County, Sutter Creek township number two, Amador County, and Oroville, Butte County. [Stats. 1871-2, p. 510.] See Statute of 1897, 198, sec. 9. ACT 1066. To protect agriculture and prevent trespassing of ani- mals on private property. [Stats. 1871-2, p. 563.] Probably superseded by 1897, 198; 1901, 60S, chap. CXCVII, relating to estrays. 393 KHTRAT3. Acts 1067-1073 ACT 1067. Protecting agriculture and preventing trespassing of animals. [Stats. 1873-4, p. 50.] Supplemented 1873-4, 179, 474, 705, 824. Cal. Rep. Clt. 51, 298; 53, 146. "Unconstitutional, In so far as It authorizes Justices to enfo-ce a Hen. (Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. Repealed 1S77-8, 176. (Hanley v. Sixteen Horses, 97 Cal. 182.)"— Cede Commissioner's Note. ACT 1068. Hogs running at large in certain towns. [Stats. 1873-4, p. 904.] Repealed, 1897, 19S. This act prevented hogs running at large upon lands Included In any townsite which had received a patent un-der congressional grant. ACT 1069. Stanislaus, Fresno, and Sutter counties, protection of ag- riculture in, and prevention of trespassing of animals upon private property. [Stats. 1875-6, p. 373.] Repealed 1897, 198. ACT 1070. To prevent hogs and goats running at large on certain lands. [Stats. 1875-6, p. 644.] Amended 1877-8, 85. Superseded 1897, 198. This act forbade the running at large upon any townsite receiv- ing patents under act of congress. ACT 1071. Concerning trespassing of animals upon private lands in certain counties. [Stats. 1877-8, p. 176.] Amended 1877-8, 878. Superseded by the estray laws of 1897, 198, and 1901, 603. This act applied to parts of San Bernardino, El Dorado, and Tehama counties, an - d to all of Alpine, Humboldt, Merced, Solano, Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento coun- ties. ACT 1072. Buck goats, to prevent running at large. [Stats. 1877-8, p. 437.] Probably superseded by estray acts of 1897, 198, and 1901, 603. ACT 1073. "Relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. [Stat, ap- proved March 27, 1897. Stats. 1897, 198.] Repealed 1901, 606. Acts 1078-1093 ETNA— EXPLOSIVES. TITLE 150. ETNA. ACT 1078. Town of. incorporating. [Stats. 1877-8, p. 261.] See title Rough and Ready, post. TITLE 151. EUREKA. ACT 1083. To incorporate. [Stats. 1850, 102.] Amended I 63-4, 1C5; 1S71-2, 1S6; 1S73-4, 91. Supplemented 1875-6. 333. Amended 1875-6, 334. Superseded by the charter of Eureka, Stats. 1895. 356-405. ACT 1084. Incorporation of. [Stats. 1873-4, p. 91.] Supplemented 1875-6, 333. Amended 1875-6, 334. Repealed by char- ter of Eunka IS.'."., u06. ACT 1085. To legalize the survey of Clark's addition to. [Stats. 1869- 70, 395.] ACT 1086. To cede property to Eureka. [Stats. 1857, p. 76.] This act ceded to Eureka the entire water-front of the town. ACT 1087. Common council of to sit as a board of equalization. [Stats. 1S77-S, p. 184.] Superseded by charter of Eureka, isa5, 356. ACT 1088. To establish a police court in. [Stats. 1895, p. 90.] Superseded by charter, 1895, 376. TITLE 152. EXPLOSIVES. ACT 1093. An act to protect life and property against the careless aud malicious use or handling of dynamite and other . explosives. [Approved .March [fl, 1SS7; 18S7, 110.] KA EXPLOSIVES. Act 1093, § § 1-3 Codified in part by amendment of Penal Code, 1905. See note to §§ 375a and 601, Penal Code. Keep record of sales. Section 1. It is the duty of each and every person, contractor, firm, association, joint stock company, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in or with, or using or giving out, nitro-glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by what- ever name known, to keep at all times an accurate jour- n 1, or book of record, in which must be entered, from time to time, as they are made, each and every sale, de- livery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corpora- tion, in the course of business or otherwise, of any quan- tity of such explosive substance. What record must snow. Sec. 2. Such journal or record book must show, in a legible handwriting to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual suffi- cient to provide for identification. Eecords subject to examination of peace officer. Sec. 3. Such journal or record book must be kept, by the person, firm, association, joint stock company, or cor- poration so selling, delivering, or otherwise disposing of such explosive substance or substances, in his or their principal office or place of business, at all times subject to the inspection a,nd examination of the peace officers or other police authorities of the state, county, city and county, or municipality where the same is situated, on proper demand made therefor; any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to ex- hibit the same to the peace officers or other police authorities on demand, shall be deemed a nysdemeanor, and punished accordingly. Gen. Laws — 26 Act 1093, §§4-7 EXPLOSIVES. *>- Forfeiture in addition to punishment. Sec. 4. In addition to such punishment, and as a cumu- lative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the Bame without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or dis- charged, save by order of such court, after full payment into court, and all moneys so collected shall be paid to the party bringing the suit. Prohibiting reckless possession of explosives. Sec. 5. Any person who, in the public street or any highway or any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or .it, in, or near to any private habitation or in, on board of, 1/ or near any railway passenger train, or car or train, or * cable road, or enr of the same, or steam or other vessel, engaged in carrying passengers, or ferryboat, or other public place where human beings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro-glycerine, vigorite, hgrcu li s powder, giant powder, or other high explosive; or who shall recklessly or maliciously by use of such means in- timidate, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accord- ingly. Defining reckless possession. Sec. 6. Any person not regularly engaged in the manu- facture, sale, transportation, or legitimate use in blasting operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places, or under any of the circumstances specified in the preceding section. Punishment for unlawful possession. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, 403 EXPLOSIVES. Act 1093, § $ 8, 9 giant powder, hercules powder, or other high explosive, except in the regular course of business eaivied on by such person, either as a manufacturer therecr or mer- chant dealing in the same, or for use in legitimate blast- ing operations, or in the arts, or while engaged in trans- porting the same for others, or as the agent or employee of others engaged in the course of such business or opera- tions. Any other possession of any such explosive sub- stances as are named in this act is unlawful; and the person so unlawfully possessing it shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. ^Malicious deposit. Sec. 8. Any person who maliciously deposits or ex- plodes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train or car, or any depot, stable, car-house, theater, schoolhouse, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vi go rite, giant or hercules powder, gunpowder, or other chemical com- pound, or other explosive, with the intent to injure or de- stroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human be- ing, or by means of which any human being is injured or en- dangered, is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison not x less than one year. Transportation of high explosives. Sec. 9. Any person, firm, or corporation, who shall take, [/ carry, or transport, or cause to be taken, carried, or trans- ported, any dynamite, vigorite, nitro-glycerine, hercules or giant powder, or other high explosive, |mto the limits of, or through, or across any incorporated city or town of this state, or into, through, or across any harbor for ship ping, in any manner, condition, or quality, or otherwise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such harbor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the state of California all such explosive substances, as well as the cases inclosing the same. Sneli forfeiture may be sued Act 1094 EXTENSION OF TIME. «H for by any citizen of the state, for himself and the state; ami the goods or property, when so forfeited and recov- ered by judgment of the court, shall bo sold, and the prooeeds divided, tin citizen so suing taking one-half to himself for bis own benefit, and paying the other half into the Btote treasury. Suet actios may be maintained in any court of competent jurisdiction; provided, that the, state shall n< v. r be liable to any cost or expense for any such suit or proee< ding. Police officer may sue for forfeitures. 9cc. 18, Any of the forfeitures provided for in this act may be taken advantage of, and sued for and recovered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any Saw, ordinance, or rule to the contrary. Sec. 11. This act shall take effect and be in force from and after its passage. TITLE 152a. EXTENSION OF TTMK. ACT 1094. An act to extend the time for the performance of any act or the taking of .any proceeding appointed, required or limited by or in pursuance of law to be performed or taken on any day or within any time in the month of June, 1 !• month of June. 1996, prior tei the last day of saiel month, may be performed or taken on any day not later tiiau the tenth day of July, A. D. I906 s with the- same effect as if it hael been per- formed or taken on the day or within the* time wherein such act or proceeding was so appointed, required or limited to In- performed. The provisions of this act shall not ap- ply to criminal actions. Sec. 2. Ttiis act .shall take effect immediately. 405 FACTORIES— FEEBLE-MINDED CHILDREN. Acts 1098-1100 TITLE 153. FACTORIES. ACT 1098. To provide for the proper sanitary condition of factories and workshops, and for the preservation of the health of the employees. [Stats. 1889, p. 3.] Amended 1901, 571; 1903, 16. Declared unconstitutional. (Sehaezletn v. Cabaniss, 135 Cal. 466.) TITLE 154. FEATHEE RIVER. ACT 1103. To declare the bridge across Feather River, extending from Fifth Street, at the city of Marysville, in the county of Yuba, to the opposite bank of the said river, a free bridge. [Approved March 31, 1891. Stats. 1391, p. 263.] ACT 1104. , Concerning survey of outlet of. [Stats. 1867-8, p. 91.] TITLE 155. FEEBLE-MINDED CHILDREN. Consult the following acts: . ACT 1108. To establish the "California home for the care and train- ing of feeble-minded children," and provide for the maintenance of the same. [Approved March 18, 1885; 1885, 198.] Repealed 1887, 73. Cal. Rep. Cit. 139, 266; 139, 267. ACT 1109. I" To nrnvifh for tiio government and management of the California home for the care and training of feeble- minded children. [Stats. 1887, p. 69.] Amended 1889, 155. Supplemented 1S97, 2, 251, chap. CLXXXVIII '1901, 795. Cal. Rep. Cit. 136, 267. Acts 1110-1115 FEEBLE-MINDED CHILDREN. 406 ACT 1110. Providing a permanent site for the California home for the care and training of feeble-minded children. [Stats. 1889, p. 69.] ACT 1111. To authorize and direct the sale of the site and buildings of the California home for the care and training of feeble-minded children, in Santa Clara County. [Ap- proved March 19, 1891. Stats. 1891, p. 133.] ACT 1112. Granting to the board of supervisors of Sonoma County, California, right of way through the lands of the Cali- fornia home for the care and training of feeble-minded children, to enable said board of supervisors to change the location of the public highway now trav- ersing said lands. [Approved March 23, 1893. Stats. 1893, p. 277.] ACT 1113. To authorize, empower, and direct the California home for the care and training of feeble-minded children, to ad- mit idiots, epileptics and mentally enfeebled paralytics into said institution; to provide for the support of all inmates therein, and to repeal all acts or parts of acts in conflict with the provisions of this act. [Approved March 31, 1897. Stats. 1897, p. 251.] Cal. Rep. Cit. 139, 265; 139, 266. . ACT 1114. To authorize and empower the trustees of the California home for care and training of feeble-minded to transfer and quitclaim certain real property to the trustees of the town of Santa Clara. [Approved Mare 20, 1903. Stats. 1903, 319.] ACT 1115. An act to provide for certain improvements and repairs to the California Home for the Care and Training of Feeble-Mindcd Children making an appropriation there- for. [Approved June 14, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: : 407 PEES. Acts im, ll'JO Section 1. The sum of seventy-two thousand and five hundred ($72,500) dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be paid to the order of the board of managers of the California Home for the Care and Training of Feeble-Minded Children for the purpose of repairing, erecting and equipping such buildings as may be deemed expedient by the board of managers of said home and the state commission in lunacy. Sec. 2. No moneys herein appropriated shall be expended except by the authority and in the manner provided for the expenditure of moneys from the contingent fund of such state hospital, as provided in section 2158 of the Political Code. Sec. 3. The controller is hereby authorized to draw his warrant in favor of the board of managers of the California Home for the Care and Training of Feeble-Minded Children, for the moneys herein made payable, and the treasurer is directed to pay the same. Sec. 4. This act shall take effect immediately. TITLE 156. FEES. ACT 1119. To regulate fees and salaries of certain officers. [Stats. 1869-70, p. 148.] Amended 1869-70, €77, 6S0; 1871-2, 140, ITS, 1S8, 219, 910; 1873-4, 102, 204, 212, 8S5; 1875-6, 134; 1877-8, 134, 73S. "Repealed, as. to the salaries and fees therein named, by the various County Government Acts, commencing with 1883, 299, and end- ing with 1397, 452. Repealed by fee bill of 1895, 267, as to the officers Wierein nsimed; aso repealed as to sundry counties by special acts relating to them. (Swinnerton v. Monterey Co., 76 Cal. 115: Sacra- mento Co. v. Colgan, 114 Cal. 246; County of Yolo v. Colgan, 132 Cal. 265.)" — Code Commissioner's Note. This act was amended in 1S71-2, 188, in relation to jurors' fees. It was herd, in Carpenter v. Jones, 121 Cal. 362, that this act was not repealed by the codes, and had not been repealed by any subsequent act conflicting therewith, and that a court may refuse to try a civil case under that act until the jury fees are paid as therein provided for. ACT 1120. Concerning costs in civil actions for serving summonses and subpoenas. [Stats. 1891, p. 56.] This act appears in full in Code of Civil Procedure, Appends, p. 762. It provided for fees where the service was made by a person other than sheriff. Acts 1121-1123, § 1 FEES. fc - ACT 1121. To provide and regulate the manner of receiving and pay- ing fees, commissions, percentages, and other com- pensation for official services in cities and cities and COtintiea having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto. [Approved March 11, 1893. Stats. 1893, p. 127.] Amended 1S95, 164. fneonstitutional. (Rauer v. Williams, 118 Cai. 401.) ACT 1122. Relating to pension matters and claims against counties. [Stats. 1897, p. 55.] This act provided there should be no fees in these proceedings. ACT 1123. To establish the fees of county, township and other offi- cers, and of jurors and witnesses in this state. [Ap- proved March 28, 1895. Stats. lMt.',, p. 2, entitled to <•!, When ad i in tin place ol the sheriff, the same iiis as are allowed tin sheriff for like aervicea 1M T.LIC ADVIMSTKATOK. The jail. lie administrator shall charge and collect such 1 1 ■ > sv or maj hereafter be allowed by law. ('Dl'XTV StfttVEYOS, rii county Surveyor shall charge ami collect such *■ are now or may hereafter be allowed by law. Bee* -■ ' t "'lor eoiiij.. n>ation shall \>> paid lor certificate of d( ■ l.-uat i..n ti : t he 1'nitcil States, and For making a record thereof; or for issuing a certificate of citizenship to become a citizen of the United States, at fot mating a record thereof; and no fees an other ediKp ,f 'ir filing th-> utateim r.t and ••)' b '-iiiiriitiiT op candidate voted for at any puldic .lection held within the state; and this section shall apply to all the counties in this state. gee. 3. All acts or portions of acts inconsistent herewith arc hen by ri'p< ah d. s» c. 4. This act shall take effect immediately. ACT 1124. An act for the payment of the fees due to trial jurors, who have Served as such in the superior court of any countv or city and county of this state, nndt r the . act of L893. [Approved March 23, 1901. Stats. 1001, p. GS1.] The people of the state of California, represented in sen- ate and a>'-( mlily, do enact as follows: Stcfieii 1. All pi rsons who have attended as jurors in the trial of criminal eases in the superior court of any county or city and county of this state, since th. act of March twenty-eighth, eighteen hundred and ninety-five, and pursuant thereto, and have m>t bee* paid tin fees specified in said act th.nTor, shall reeoiVB and Ik paid out of the general fund of such county or city and county, the sum 417 FELTON— FENCES. Acts 1125- It M of two dollars per day for each day's attendance as such juror. Sec. 2. Such fees shall be paid by the treasurer of such county or city and county, out of the general fund thereof, upon the presentation of a written demand sworn to by the juror and certified as correct by the clerk of the court wherein said services were rendered; said demand so sworn to and certified must contain the title of the action wherein such services were rendered, the days and dates of service, and- the amount due the person therein named. Sec. 3. The demands for compensation for services ren- dered as such juror mentioned in section two of this act shall be allowed and audited in the same manner as other county or city and county claims. Sec. 4. The board of supervisors of each county or city and county is hereby directed to make all necessary and suitable appropriation for the payment of the fees herein provided for. Sec. 5. This act shall take effect immediately. ACT 1125. An act forbidding the payment of municipal officers out of the funds of the county. [Approved March 8, 1905. Stats. 1905, p. 88.] Section 1. In no case shall the fees of a city justice of the peace, town or city recorder or city or town marshal, for services in any criminal action, be a charge against the county. TITLE 157. FELTON. ACT 1129. Incorporating. [Stats. 1877-8, p. 185.] TITLE 158. FENCES. ACT 1134. Concerning lawful fences. [Stats. 1850, p. 131.] Repealed as to many counties by the statute of 1S55, p. 154, from which, however, Amador, Butte, Calaveras, Colusa, Klamath, Nevada, Placer, San Bernardino, San Diego, Santa Barbara, Shasta, Siskiyou, Gen. Laws — 27 AcUs 1135-1140 FENCES. «S Trinity, Tuolumne, and Tuba counties were omitted. The statute of 1855 was afterwards amended to Include Butte, Calaveras, and Nevada Special acts were passed relating to other counties, but the statu ' 1850 has apparently not been repealed as to Amador, Klamath Diego, Santa Barbara, Siskiyou, and Trinity counties.'"— Code Commis- sioner's Note. ACT 1135. Concerning lawful fences. [Stats. 1855, p. 154.] Amended 1858, 123; 1861, 510, 513; 1863-4, 465; 1877-S, 765. Supple- men terd 1860, 141. This act excepted from its operation the counties Of Butte, Ama- dor, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou. This act and the supplementary act of I860, 141, were continued In force by the Political Code, sec. 19, and consequently the counties to which they apply are not subject to the provisions of sec. 841 of the Civil Code. (Meade v. Watson, 67 Cal. 531. See, also, Gonzales v. Wasson, 51 Cal. 295.) ACT 1136. Lawful fences, supplementing statute concerning. [Stats. 1860, p. 141.] ACT 1137. Concerning lawful fences in San Bernardino, Colusa, Shasta, Tehama, and Placer counties. [Stats. 1859,. p. 279.] Extended to Yuba county, 1S63, 357. This latter act repealed, Stats. 1871-2, 700. ACT 1138. Division fences, construction of. [Stats. 1875-6, p. 175.] Amended 1877-8, 765. Repealed, as to San Mateo County, 1S77-8, 1019. This act applied to the counties of Sacramento, Solano, Butter, Yuba, Butte, Contra Costa, San Joaquin (parts of), Amador, San Luis Cbispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumnf, San Mateo, and Nevada. ACT 1139. Regulating the height of division and partition fences in cities. [Stats. 1885, p. 45.] Cal. Rep. Clt. 118, 343. Fences wholly on the land of their owner excluded therefrom. (Western etc. Co. v. Knickerbocker, 103 Cal. 111?) ACT 1140. To prevent persons from passing through inclosures and leaving them open, and tuning down fences to make passage through inclosures. [Stats. 1871-2, p. 384.] See sec. 7, 1875-6, 408; 1877-8, 49, 776. Cal. Rep. Cit 108, 347. 419 FERRIES. Acts 1141-1147 Codified by amendment of Penal Code, 1905. See note to 5 602, Penal Code. In full In Appendix to Penal Code, p. 598. ACT 1141. To prevent the leaving open of inclosures and hunting on inclosed lands. [Stats. 1875-6, p. 408.] Amended 1877-8, 49, 776. In full in Appendix to Penal Code, p. 599. TITLE 159. • FERRIES. ACT 1146. Concerning public ferries and toll bridges. [Stats. 1855, p. 183.] Supplemented 1861, 18; 1S62, 247; 1869-70, 887. Amended 1861, 307; 1863, 720, 747, 758; 1863-4, 192; 1867-8, 77; 1S73-4, 581. Superseded by Political Code, sec. 2843 et seq. » Cal. Rep. Cit. 7, 115. ACT 1147. An act relating to ferries across navigable rivers sepa- rating counties, and empowering the boards of super- visors of such counties to establish and maintain fer- ries across such rivers, and to pay the expense thereof. [Approved March 16, 1903. Stats. 1903, p. 156.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. When a navigable river forms a boundary between two counties of this state, the boards of super- visors of such counties are hereby given the power to establish and operate a ferry or ferries across such stream. Sec. 2. Each of such counties shall pay such proportion of the expenses of establishing and operating said ferry or ferries as may be agreed upon by the boards of super- visors of such counties. Sec. 3. In case either of said counties shall refuse to enter into an agreement to establish and operate such ferry or ferries, the county situated upon the opposite bank of such river may establish and operate a ferry or ferries across such river, and such county is hereby em- powered to acquire landing places for such ferry or ferries on the bank of such river opposite the boundary of such county, and may pay the expense of establishing and ope- Acts 1152, 1157, § 1 FKRRY DEPOT-FERTILIZERS. **> rating said ferry or ferries out of the general road fund of such county. Sec. 4. This act shall take effect from and after its pas- sage. TITLE 160. FERRY DEPOT. ACT 1152. To provide for the issuance and sale of state bonds to create a fund for the construction and furnishing, by the board of state harbor commissioners, of a gen- eral ferry and passenger depot in the city and county of San Franciscoj to create a sinking fund for the pay- ment of said bonds, and providing for the submission of this act to a vote of the people. [Approved March 17, 1891. Stat. 1891, p. 110. J Cal. Rep. Cit. Ill, 582. TITLE 161. FERTILIZERS. ACT 1157. An act to regulate the sale or commercial fertilizers or ma- terials used for manurial purposes, and to provide pen- alties for the infraction thereof, and means for the en- forcement of the act. [Approved March 20, 1903. Stats. 1903, p. 259.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Every lot, parcel, or package of commercial fertilizers or materials to be used for manurial purposes (excepting the dung of domestic animals), sold, offend, or exposed for sale, within this state, shall be accompanied by a plainly printed label, stating the name, brand, and trademark, if any there be, under which the fertilizer is sold, the name and address of the manufacturer, importer, or dealer, the place of manufacture, and a chemical analy- sis, stating the percentages claimed to be therein; of nitrogen, specifying the form or forms in which it is pres- ent; of phosphoric acid, available and insoluble; and of pot- ash, soluble in distilled water, and the materials from which all of said constituents are derived. All analyses are to be made according to the methods agreed upon by the American 421 FERTILIZERS. Act 1157, §§2-1 association of official agricultural chemists. In the case of those fertilizers, the selling price of which is less than eight dollars ($8) per ton, said lable need only give a correct gen- eral statement of the nature and composition of the fertil- izer it accompanies. Sec. 2. No person shall sell, offer, or expose for sale in this state, any pulverized leather, hair, ground hoofs, horns, or wool waste, raw, steamed, roasted, or in any form as a fertilizer, or as an ingredient of a fertilizer or manure, with- out an explicit statement of the fact; said statement to be conspicuously affixed to every package of such fertilizer or manure, and to accompany and go with every lot, parcel, or package of the same. Sec. 3. The manufacturer, importer, agent of, or dealer in any commercial fertilizers, or materials used for manu- rial purposes, the selling price of which to the consumer is eight ($8) dollars or more per ton, shall, before the same is offered for sale, obtain a certificate of registration from the secretary of the board of regents of the University of California, countersigned by the director of the agricultural experiment station of the said university, authorizing the sale of fertilizers in this state, and shall securely fix to each lot, parcel, or package of fertilizer the word ' ' Regis- tered" with the number of registry. The manufacturer, importer, agent, or dealer obtaining such registry, shall pay to the said secretary the sum of fifty ($50) dollars, to be ap- plied as provided in section nine of this act; such registra- tion shall expire on the thirtieth day of June of the fiscal year for which it was given; provided, the provisions of this dection shall not apply to any agent Whose principals shall have obtained a certificate of registration as herein provided. Every such manufacturer, importer, agent, or dealer, who makes or sells, or offers for sale, any such substances, under a name or brand, shall file, on or before the first day of July, in each year, a statement, under oath, with said director, stating such name or brand, and stating the component parts in accordance with the provisions of section one of this act, of the substances to be sold, or offered for sale, or manufac- tured under each such name or brand. Sec. 4. The said director shall annually, on or before the first day of September, take samples in accordance with the provisions of section five hereof of the substance made, sold, or offered for sale, under every such name or brand, and cause analyses to be made thereof in accordance with the provisions of section one hereof, and said analyses may Act 1137, S 5 FERTILIZERS. 421 include such other determinations as said director may at any time deem advisable. Dealers in, or manufacturers of fertilizers, must give free access to the director of the agri- cultural experiment station, or his duly authorized deputy, to all the materials which they may place on the market for sale in California. Whenever the analysis certified by the said director shall show a deficiency of not more than one fourth of one per cent of nitrogen, or one per cent of soluble <>r available phosphoric acid, or one half of one per cent of potash soluble in distilled water, the statement of the manu- facturer or importer, as required in section one of this act, shall not be deemed to be false in the meaning of this act; provided, that this act shall not apply to sales of fertilizing materials made to a registered manufacturer of fertilizers, or to sales for export outside of this state; provided fur- ther, that the said director of the agricultural experiment station of the University of California shall, upon the re- ceipt of a sample of fertilizer, accompanied with a nominal fee of two ($2) dollars, furnish to the user of said commer- cial fertilizer, such examination or analysis of the sample as will substantially establish the conformity or non-conformity of the said fertilizer to the guarantee under which it was sold. Sec. 5. The director of the agricultural experiment station of the University of California, in person or by deputy, is hereby authorized to take a sample not exceeding two pounds in weight for analysis by the said director, or his deputies, from any lot, parcel, or package of fertilizer, or material, or mixture of materials used for mammal pur- poses, which may be in the possession of any manufacturer, importer, agent, or dealer, but said sample shall be drawn in the presence of said party or parties in interest, or their representatives. In lots of five tons or less, samples shall be drawn from at least ten packages, or, if hss than ten packages are present, all shall be sampled; in lots of over five tons, not less than twenty packages shall be sampled. The samples so drawn shall be thoroughly mixed, and from it two equal samples shall be drawn and placed in glass ves- sels carefully sealed, and a label placed on each, stating the name or brand of the fertilizer or material sampled, the name of the party from whose stock the sample was drawn, and the time and place of drawing; and said label shall be signed by the said director or his deputy making such in- smctton, and by the party or parties in interest, or their representatives present at the drawing and sealing of said samples One of said duplicate samples shall be retained by 428 FERTILIZERS. Act 1157, § § 6-10 the party whose stock was sampled, and the other by the director of the agricultural experiment station of the Uni- versity of California. Sec. 6. The director of the agricultural experiment sta- tion of the University of California shall publish in bulletin form, from time to time, at least annually, the results of the analyses hereinbefore provided, with such additional infor- mation as circumstances may advise. Sec. 7. There is hereby appropriated for the use of the agricultural experiment station of the University of Cali- fornia at Berkeley, Alameda County, as set forth in this act, out of any moneys in the treasury not otherwise ap- propriated, the sum of eighteen hundred ($1,800) dollars for the equipment of a laboratory, with the chemicals and apparatus, and other incidentals necessary to the successful prosecution of the work. Sec. 8. In order to further provide for the necessary expenses of this work, there shall be paid by the manu- facturer, importer, agent, or dealer, twenty-five cents for every ton of fertilizer sold, the selling price of which to the consumer is eight ($8) dollars or more per ton. A statement sworn to by the manufacturer, importer, agent, or dealer, of such sales, shall be rendered quarterly to the secretary of the board of regents of the University of California, ac- companied by the corresponding amount of special license fee as above specified; provided, that whenever the manufac- turer or importer shall have paid the special license fee herein required, for any person acting as agent or seller for such manufacturer or importer, such agent or seller shall not be required to pay the special license fee named in this sec- tion. On receipt of said special license fee and statement, the said secretary shall issue to the manufacturer, importer, agent, or dealer,/ a certificate of compliance with this section. Sec. 9. All moneys, whether received from registry and analytical fees or special licnse fees, shall be paid to the secretary of the board or regents of the University of California, for the use of said board in carrying out the provisions of this act. Sec. 10. Any party selling, offering, or exposing for sale, any commercial fertilizer without the statement re- quired by section one of this act, or with a label stating that said fertilizer contains a larger percentage of any one or more of the constituents mentioned in said section than is actually contained therein, except as provided for Acts 1162-1168 FIDDLETOWN-FIRE. at in section four, or respecting the sale of which all the provisions of this act have not been fully complied with, shall be deemed guilty of a misdemeanor, and upon con- viction thi reof before any court of competent jurisdiction, shall be fined in a sum not less than fifty ($50) dollars and costs of action for the first off cusp, and one hundred ($100) dollars and costs of the action for each subsequent offense. Said fines to be paid into the school fund of the county in which conviction is had. 11. In any action, civil or criminal, in any court in this slate, a certificate under the hand of said director, and the seal of said university, stating the results of any analysis, purporting to have been made under the pro- visions oi this act, shall be prima facie evidence of the fact th.it the sample or samples mentioned in said analysis or certificate were properly analyzed as in this act pro- vided; that Bnch samples were taken as in this act pro- vided; that the substances analyzed contained the com- ponent parts stated in such certificate and analysis; and that the sample'! were taken from the parcels or packages or lots mentioned or described in said certificate. Sec. 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. TITLE 162. FIDDLETOWN. ACT 1162. To prevent hogs and goats running at large in. [Stats. 1873-4, p. 319.] See sec. 9, Stats. 1S97, 198; sec. 10, Stats. 1901, 603. ACT 1163. Name changed to Oleta. [Stats. 1877-8, p. 109.] TITLE 163. FIRE. ACT 1168. Forest fires on public lands, act to prevent destruction by. [Stats. 1S71-2, p. 96.] Cal. Rep. Clt. 90. 109. Codified by amendment of Penal Code, 1905. See note to J :<»4. Penal Code. In full In Appendix to Penal Code, p. 600. 424a FIRE DEPARTMENT. Acts 1169, 1173, § § 1. 2 ACT 1169. To prevent the destruction by fire of the property of con- tiguous owners. [Stats. 1S91, p. 473.] Cal. Rep. Cit. 109, 95. This act made it a misdemeanor to start a fire in hay, grain, stubble, or grass without first taking certain precautions. Codified— by amendment of Penal Code, 1905. See note to 8 384a, Penal Code. In full In Appendix to Penal Code, p. G01. TITLE 164. FIEE DEPARTMENT. ACT 1173. An act to create a firemen's relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state. [Approved March 20, 1905. Stats. 1905, p. 412.] Section 1. The chairman of the board of supervisors of the county, city and county, city or incorporated town in which there is no board of fire commissioners, the treasurer of the county, city and county, or incorporated town, and the chief of the fire department, and their successors in office, are hereby constituted a board of trustees of the fire- men's relief or pension fund of the fire department, to pro- vide for the disbursement of the same and to designate the beneficiaries thereof as hereinafter directed, which board shall be known as the "Board of Firemen's Pension Fund Commissioners"; provided, however, that where there is in any county, city and county, city, or town, a board of fire commissioners, then such body shall constitute said board of trustees of the firemen's relief and pension fund of the fire department. Sec. 2. They shall organize as such board by choosing one of their number as chairman, and by appointing a sec- retary. The treasurer of the county, city and county, city, or town, shall be ex-officio treasurer of said fund. Such board of trustees shall have charge of and administer said fund, and to order payments therefrom in pursuance of the provisions of this act. They shall report annually, in the month of June, to the board of supervisors, or other govern- ing authority of the county, city and county, city, or in- corporated town, the condition of the firemen's relief and pension fund, and the receipts and disbursements on account Act 1173, §§ 3-5 FIRE DEPARTMENT. *24b of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. Sec. 3. Whenever any person at the taking effect of this act, or thereafter shall have been duly appointed or selected and sworn, and have served for twenty years, or more, in the aggregate, as a member, in any capacity or any rank what- ever, of the regularly constituted fire department of any such county, city and county, city, or town which may hereafter be subject to the provisions of this act, said board may, if it see fit, order and direct that such person after becoming sixty years of age be retired from further service in such fire department, and from the date of the making of such order the service of such person in such fire department shall cease, and such person so retired shall thereafter, during his life- time, be paid from such fund a yearly pension equal to one- half of the amount of salary attached to the rank which he may have held in said fire department for the period of one year next preceding the date of such retirement. Sec. 4. Whenever any person, while serving as a fireman in any such county, city and county, city, or town, shall become physically disabled by reason of any bodily injury received in the immediate or direct performance or discharge of his duty as such fireman, said board may, upon his written request, or without such request, if it deem it to be for the good of said fire department force, retire such person from said department, and order and direct that he shall be paiil from said fund, during his lifetime, a yearly pension equal to one-half of the amount of salary attached to the rank which he may have held on such fire department force at the date of such retirement, but on the death of such pensioner his heirs or assigns shall have no claim against or upon such fire- men 's relief or pension fund; provided, that whenever such disability shall cease such pension shall cease, and such per- son shall be restored to active service at the same salary he received at the time of his retirement. Sec. 5. No person shall be retired, as provided in the next preceding section, or receive any benefit from said fund, un- less there shall be filed with said board certificates of his disability, which certificates shall be subscribed and sworn to by said person, and by the county, city and county, city, or town physician (if there be one), and two regularly li censed practicing physicians of such county, city and county, city, or town, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid. 424C FIRE DEPARTMENT. Act 1173, §§ 6 J Sec. 6. Whenever any member of the fire department of such county, city and county, city, or town, shall lose his life while in the performance of his duty, leaving a widow, or child or children under the age of sixteen years, then upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one- third the amount of the salary attached to the rank which such member held in said fire department at the time of his death, shall be paid to such widow during her life, or if no widow, then to the child or children, until they shall be sixteen years of age; provided, if such widow, or child or children, shall marry, then such person so marrying shall thereafter receive no further pension from such fund. Sec. 7. Whenever any member of the fire department of such county, city and county, city, or town, shall, after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thou- sand dollars from such fund. Sec. 8. Any person retired for disability under this act may be summoned before the board herein provided for at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with reference thereto; and all members of the fire department force who may be retired under the provisions of this act shall report to the chief of the fire department of the county, city and county, city, or town where so retired, on the first Mondays of April, July, October, and January of each year; and hi cases of great public emergency may be assigned to and shall per- form such duty as said chief of the fire department may direct; and such persons shall have no claim against the county, city and county, city, or town, for payment for such duty so performed. Sec. 9. When any person who shall have received any benefit from said fund shall be convicted of any felony, or shall become an habitual drunkard, or shall become a non- resident of this state, or shall fail to report himself for ex- amination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall -immediately cease, and such person shall receive no further pension, allowance, or benefit under this act. Ac* 1173, §§ 10-12 FIRE DEPARTMENT. Sec. 10. Tie board hen in provided for shall hold quar- d rlv meetings Oh the first Mondays of April, July, October, and January at eaftll yar. and upon tlie call of its president; it shall l>i( nniallv adll rd shall he a public record; it shall, at each rtezly meeting, send to the treasurer of the county, city and county, city, or town, and to the auditor of such county. City and eoanty, City, or town, a written or printed list of all persons entitled to payment from the fund herein pro vided for, stating the amount of sueh payments and for what gf&nted, which list shall be certified to and signed by the president ami secretary of surh board, attested under oath. The auditor shall therrupon enter a copy of said list upon a 1 b < made quarterly, upon proper vouchers. ACT 1174. To allow unincorporated cities and towns to equip and maintain a fire department. [Stats. 1881, p. 26.] Amended 1S99, 69, chap. LIX. This act, as amended in 1899, appears In full In Political Code, Appendix, p. 1074. ACT 1175. To create a firemen 's relief, health, and life insurance, and pension fund in the several counties, cities and counties and cities and towns of this state. [Stats. 19U1, p. lul.] Amended 1903, 15S. This act appears In full In Political Code, Appendix, p. 1081. Probably superseded by act of March 20, 1905, creating a firemen's relief, health and life insurance pension fund, lsee ante. Act 1173. ACT 1176. To create an exempt firemen's rrlief fund in the several counties, citiis and counties, cities and towns of the state, and relating to the i nrollmeut, formation into fire companies, and si l vices as liicruen of such exempt fire- nuin. [Stats. ]WJ ->> P- lu7 -] Unconstitutional. (Taylor v. Mott, 123 Cal. 4'.'".) Superseded 1901, 101. ACT 1177. To require the payment of certain insurance premiums by tire insurance companies not organized in California, to cities and cities and counties. [Stata. 1SS5, p. 13.J Amended li>«7, 15. Unconstitutional. (San Francisco v. Insurance Co., 74 Cal. 113.) The moneys collected under this act were for the beneflt of tho firemen's relief fund. ACT 1178. Authorizing boards of supervisors to provide pensions for the relief of aged, infirm, and disabled firemen. [Stats. 1889, p. lUS.j Amended 1901, 175. Cal. Hep. (St 123, 499. This act appeals in full in Political Code, Appendix, p. 1080. ACT 1179. Authorizing and requiring boards or commissions having the in, in;. gi mcut and control of paid fire departments, r.5 FIRE PATROL— FISH AND GAME. Acts 1180-11. « to grant the members thereof yearly vacations. [Stats 1895, p. 76.] Amended 1899, 57; 1905, 39. This act appears in full in Political Code, Appendix, 1079. ACT 1180. Relating to salaries of officers of fire departments in mu- nicipalities of the first class. [Stats. 1897, p. 54.] Unconstitutional. (Popper v. Broderick, 123 Cal. 456.) ACT 1181. Relating to fire departments of municipalities of the first class, and fixing the salaries of officers thereof. [Stats. 1897, p. 192.] Apparently unconstitutional under the rule announced in Popper v. Broderick, 123 Cal. 456 This act appears in full in Political Code, Appendix, p. 1088. ACT 1182. To provide for increasing the efficiency of fire departments within municipalities of the first class in the state of California. [Stats. 1807, p. 61.] This act appears in full in Political Code, Appendix, p. 1087. TITLE 165. FIRE PATROL. ACT 1188. Underwriters, authorizing the establishment of the fire pa- trol by. [Stats. 1875-6, p. 689.] Amended 1897, 223. Codified by amendment of Civil Code, 1905. See note to § 453a, Civil Code. This act appears in fuU in Civil Code, Appendix, p. 715. TITLE 166. FISCAL YEAR. ACT 1193. 1'roviding for changing the fiscal year of cities in this state operating under a charter framed under sectiot. eight, ar- ticle eleven, of the constitution. [Stats. 1895, p. 128.] FISH AND GAME. See Game Laws. Acta 1198-1213 FISH COMMISSIONERS— FORESTRY. FISH COMMISSIONERS. See Game Lawi. TITLE 167. FLAG. ACT 1198. To prohibit the desecration of the flag of trie United States, and provide a punishment therefor. [Stats. 1899, p. 46.] TITLE 168. FOLSOM. ACT 1203. To prevent goats from running at large in. [Stats. 1875-6, p. 385.] Repealed In 1897, 198. 1901, 603. Cal. Rep. Clt. 60. 483; 62, 393; 84, 207; 119, 309; 128, 557. TITLE 169. FORCIBLE ENTRY. ACT 1208. Concerning forcible entries and unlawful detainers. [Stats. 1863, p. 652.] Amended 1S71-2, 318. Cal. Rep. Clt. *1. 361; 44, 195; 51. 182; 51, 184. Effect of code on: Sec Norblett v. Farwell, 38 Cal. 155; Hemstreet v. Wassum, 59 Cal. 273. TITLE 170. FORECLOSURE. ACT 1213. Foreclosure suits, abolishing attorneys' fees in. [Stats. 1873- 4, p. 707.] This act appears In full In Code of Civil Procedure, Appendix, d 780 It provided that the fees of attorneys should be fixed by the court notwithstanding a stipulation in the mortgage to the contrary. TITLE 171. FORESTRY. See Agriculture; Fruit-Trees and Vines; Horticulture; Viticul- ture; Silk Culture. 426a FORESTRY. Act 1216, J § 1, 2 ACT 1216. An act to provide for the regulation of fires on, and the pro- tection and management of, public and private forest lands within the State of California, creating a state board of forestry and certain officers subordinate to said board, prescribing the duties of such officers, creating a forestry fund, and appropriating the moneys in said fund, and defining and providing for the punishment of certain offenses for violations of the provisions of this aet, and making an appropriation therefor. [Approved March 18, 1905. Stats. 1905, p. 235.] Section 1. State board of forestry. — There shall be a state board of forestry, consisting of the governor, secretary of state, attorney-general and state forester, which shall super- vise all matters of state forest policy and management and convene upon the call of the governor or of its secretary. Sec. 2. State forester and his duties. — There shall be a state forester, who shall be a civil executive officer, and who shall be a technically trained forester, appointed by the gov- ernor to hold office at the pleasure of the appointing power; and whether any candidate for the position is a technically trained forester shall be determined by certificate from the secretary of the United States Department of Agriculture, or from the Department of forestry of the State University after such department is established. He shall receive a sal- ary of twenty-four hundred dollars per annum, and shall be authorized and empowered to appoint two assistant foresters, whose salaries shaU not exceed twelve hundred dollars each per annum. He shall maintain headquarters at the state capi- tol in an office provided by the secretary of state, and shall be allowed necessary office and contingent expenses. He and his assistants shall be paid reasonable traveling and field ex- penses which may be incurred in the necessary performance of their official duties. He shall act as secretary of the state board of forestry. He shall, under the supervision of the state board of forestry, execute all matters pertaining to for- estry within the jurisdiction of the state; have charge of all fire wardens in the state, and direct and aid them in their du- ties; direct the protection and improvement of state parks and forests; collect data relative to forest destruction and condi- tions; take such action as is authorized by law to prevent and extinguish forest, brush, and grass fires; enforce all laws per- taining to forest and brush-covered land, and prosecute for any violation of such laws; co-operate with land owners, as de- scribed in section 4 of this act; and publish from time to time Act 1216. §5 3-5 FORESTRY. «6b such information of forestry as he may deem wise. He shall prepare annually a report to the governor on the progress and condition of state forest work, and recommend therein plans for improving the state system of forest protection, manage- ment and replacement. Sec. 3. Supervision and rare of state parks. — The Califor- nia Recto 1 I'ark and the Mt. Hamilton tract, together with all moneys heretofore or hereafter appropriated for the pur- chase of land for or care of said parks, tracts and stations, shall be in charge of the state board of forestry, said board to take place of and forthwith shall have all the powers and duties now p doaonoo d in accordance with law by persons or commissions with regard to the state parks, tracts of land, and forest stations mentioned in this act, and also any forest or brush land which may hereafter become state property, or be placed definitely in the care of the state; and it is hereby further enacted that, if the government of the United Htates or any indi\idual or corporation shall, at any time, donate or entrust to the State of California, for state park or state for- est reserve purposes, any tract or tracts of wholly or partially wooded land, such tract or tracts of laud shall be administered at the expense of the state, as provided by law. Sec. 4. Co-operative work. — The state forester shall, upon request and whenever he deems it essential to the best interests of the people and the state, co-operate with counties, towns, corporations and individuals in preparing plans for the pro- tection, management and replacement of trees, woodlots and timber tracts, on consideration and under an agreement that tl.e parties obtaining such assistance pay at least the field ex- penses of the men employed in preparing said plans. Publication of laws and notices. — The state forester shall prepare and print for public distribution, an abstract of all the forest laws of California, together with such rules and i it ions in accord therewith as he may deem necessary, and shall annually print and distribute a list of all (ire war dens with then ■ s, all such matter to be published with approval of the state board of forestry. He sluill also fur- nish notices, printed in large letters on cloth, calling attention tn the danger from forest fires and to forest fire and trespass laws and their penalties. Such notices shall be posted by the fire wardens in conspicuous places along every highway in brush and forest covered country, at frequent intervals aleug mis and lakes frequented by tourists, hunters or fishermen, :,! established camping sites, and in every post office in the forested region. 426c FORESTRY. Act 1216, § § «-•> Sec. 6. Fire districts. — The state forester shall divide the state into such number of fire districts as shall be deemed by him most neeessary to the efficiency of his work; and, further- more, any county, or combination of less than four counties, shall be made a separate fire district, upon request of the county board or board of supervisors, in which case such spe- cial fire district shall pay the cost of maintaining its district fire warden. Sec. 7. Duties of assistant foresters. — The duties of the as- sistant foresters shall be to devote their entire time to state forest interests according to rules and directions to be deter- mined by the state forester, with the approval of the state board of forestry. They shall take prompt measures to pre- vent and extinguish forest fires; keep a record of the cause, extent and damage of all forest fires in their respective dis- tricts, and perform such other duties as the state forester may direct. Sec. 8. Voluntary fire wardens and their duties. — The state forester shall appoint, in such number and localities as he deems wise, public-spirited citizens to act as voluntary fire wardens, who may receive payment for their services from the counties or from private sources. They shall promptly report all fires and take immediate and active steps toward their extinguishment, report any violation of the forest laws, assist in apprehending and convicting offenders, and perform such other duties as the state forester may direct. The supervisors and rangers on the federal for- est reserve within the state, whenever they formally accept the duties and responsibilities of fire wardens, may be ap- pointed as voluntary fire wardens, and shall have all the powers given to fire wardens by this act. Sec. 9. Powers and requirements of fire wardens. — The state forester and all fire wardens shall have the powers of peace officers to make arrests without warrant, for violations of any state or federal forest laws, and no fire warden shall be liable to civil action for trespass committed in the dis- charge of his duties. Any fire warden" who has information which would show, with reasonable certainty that any person had violated any provision of such forest laws, shall im- mediately take action against the offender, either by using his own powers as a peace officer, or by making complaint before the proper magistrate, or by information to the proper district attorney, and shall obtain all possible evi- dence pertaining thereto. Failure on the part of any paid fire warden to comply with the duties prescribed by this act Act 1216, 5 5 10-12 FORESTRY. 428.1 shall be a misdemeanor, and punishable by a fine of not less than twenty dollars, nor more than two hundred and fifty dollars, or imprisonment for not less than ten days nor more than three months, or both sueh fine and imprisonment and the state forester is hereby authorized to investigate and prosecute such violations. Pee. 10. Assistance of cituims in fighting fires. — All fire wardens shall have authority to call upon able-bodied cit- izens between the ages of sixteen and fifty years, fox as- sistance in putting out fires, and any such person who re- fuses to obey such summons, unless prevented by good and sufficient reasons, is guilty of a misdemeanor, and must be fined in a sum not less than fifteen dollars, nor more than fifty dollars, or imprisonment in the county jail of the county in which such conviction shall be had, not less than ten days, nor more than thirty days, or both such fine and imprison- ment; provided, that no citizen shall be called upon to fight fire a total of more than five days in any one year. Sec. 11. Fire Patrol. — In times and localities of particular fire danger the state forester may maintain a fire patrol through the fire wardens, at such places in brush or forest land as the public, interest may require, the expense of such patrol to be paid by the county in which such patrol is maintained; and, furthermore, he may, upon written request by counties, corporations or individuals, maintain a fire patrol on their forest lands, provided, that the expense of said patrol be paid by the party or parties requesting same. Sec. 12. District attorneys to prosecute vigorously. — When- ever an arrest shall have been made for violation of any pro- vision of this act, or whenever any information of such viola- tion shall have been lodged with him, the district attorney of the county in which the criminal act was committed must prosecute the offender or offenders with all diligence and energy. If any district attorney shall fail to comply with the provisions of this section he shall be guilty of a mis- demeanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars in the discretion of the court. Action against the district attorney shall be brought by the attorney-general in the name of the people of the state on the relation of the state forester. The penalties of this section shall apply to any magistrate with proper authority, who refuses or neglects to cause the arrest and prosecution of any person or persons when com- 426a FORESTRY. Act 1216, g§ 13-16 plaint, under oath, of violation of any terms of this act has been lodged with him. Sec. 13. Destruction of warning notices. — Any person who shall destroy, deface, remove or disfigure any sign, poster or warning notice posted under the provisions of this act shall be guilty of a misdemeanor and punishable, upon conviction, by a fine of not less than fifteen dollars nor more than one hundred dollars, or imprisonment in the county jail for a period of not less than ten days nor more than three months, or both such fine and imprisonment. Sec. 14. Willfully, maliciously and negligently setting for- est fires. — Every person who willfully, maliciously or neg- ligently sets on fire or causes or procures to be set on fire any woods, brush, prairies, grass, grain or stubble on any lands not his own, or allows the fire to escape from his own land, whereby any property of another is injured or destroy- ed, or accidentally sets any such fire or allows it to escape from his control without extinguishing it or using every effort to extinguish it, shall be guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than fifty dollars, nor more than one thousand dollars, or im- prisonment for not less than thirty days, nor more than one year, or both such fine and imprisonment. Setting such fires or allowing them to escape shall be prima facie proof of willfulness, malice or neglect under this section, provided, that nothing herein contained shall apply to a person who, in good faith, sets a back fire to check a fire already burning. Sec. 15. Extinguishment of camp fires. — Every person who upon departing from a camp or camping place, leaves fire burning or unextinguished, or who after building such fire allows it to spread, shall be guilty of a misdemeanor and punishable by a fine of not less than fifty dollars nor more than five hundred dollars, with costs of suit and collection, one-half of such fine or such a portion thereof as shall not exceed fifty dollars, to be paid to the person securing the arrest and conviction of such offender, and if the defendant refuses or neglects to pay the fine and costs imposed, he shall be confined in the county jail of the county in which convic- tion shall be had, for a period not to exceed one day for every two dollars of the fine imposed, or may be subject to both such fine and imprisonment. Sec. 16. Restriction of use of fire in dry season. — It shall be unlawful during what is locally known as the ' ' dry season," this to be considered as the period between May Act 1216, § § 17, 18 FORESTRY. 426f fifteenth and the first soaking rains of autumn or winter, for any person or persons to burn brush, stumps, logs, fallen timber, fallows, grass or forest-covered land, or blast wood with dynamite, powder or other explosives, or set off fire- works of any kind in forest or brush-covered land, either their own or the property of another, without written per- mission of and under the direction or supervision of a fire warden in that district; these restrictions not to apply to the ordinary use of fire or blasts in logging redwood, nor in cases where back fires are set in good faith to stop an ex- isting fire. Violation of these provisions shall be a mis- demeanor, punishable, upon conviction, by a fine of not less tlian fifty dollars, nor more than one thousand dollars, or imprisonment not lesa than thirty days nor more than one year, or both such fines and imprisonment. Sec. 17. Engines in forest land. — Logging, locomotives, donkey or threshing engines, and other engines and boilers operated in, thorough or near forests, brush or grass land, which do not burn oil as fuel, shall be provided with ap- pliances to previ nt tne escape of fire and sparks from the smoke stacks thereof, and with devices to prevent the escape of fire from ash pans and fire boxes. Failure to comply with these requirements shall be a misdemeanor, punishable, upon conviction, by a fine of not less than one hundred dol- lars nor more than five hundred dollars, and any person violating any provisions of this section shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars, for every such violation, or imprisonment for not less than thirty days nor more than three months, or both such fine and imprisonment. Sec. 18. Civil liability for forest fires. — In addition to the penalties provided in sections 14, 15, 16 and 17, of this act. the United States, state, county, or private owners, whose property is injured or destroyed by such fires, may recover, in a civil action, double the amount of damages suffered if the fires occurred through willfulness, malice or negligence; but if such fires were caused or escaped accidentally or un- avoidably, civil action shall lie only for the actual damage sustained as determined by the value of the property in- jured or destroyed, and the detriment to the land and vegeta- tion thereof. The presumption of willfulness, malice or neglect shall be overcome, provided, that the precautions set forth in section 17 are observed; or, provided, under sec- tion 16, fires are set during the "dry season" with wriTt.ii permission of and under the direction of the district fire izog FOREST RY. Act 1216, § § 19-23 warden. Persons or corporations causing fires by violations of sections 14, 15, 16 and 17 of this act shall be liable to the state or county in action for debt, to the full amount of all expenses incurred by the state or county in fighting such fires. Sec. 19. Clearing along county roads and land after lum- bering. — Counties, along the county roads, in forest or brush land, shall, when so directed by the state forester, and in a manner and to an extent prescribed by him, cut and re- move all brush, grass and inflammable material from their rights of way. If such clearing is not done within a reason- able time after notice, said time to be fixed by the state forester, the state forester shall have it done and the county shall be liable to the state in an action for debt to the amount of the expense thus incurred, and in addition thereto for the expense of any fire patrol rendered necessary by such delay. It is provided, further, that all lumber companies, corporations, or individuals shall, when so instructed by the state board of forestry, and at a time and in a manner pre- scribed by said board, carefully burn their slashings, by which is meant the tops, limbs, and general debris left after lumbering. Sec. 20. Disposals of moneys received as penalties. — All moneys received as penalties for violations of the provisions of this act, less the cost of collection, and not otherwise provided for, shall be paid into the state treasury to the credit of the forestry fund, which fund is hereby created, and the moneys therein are hereby appropriated for purposes of forest protection, management and replacement under direction of the state board of forestry. Sec. 21. Moneys for forest purposes. — County boards of supervisors may appropriate money for purposes of forest protection, improvement and management. Sec. 22. Payment of expenses under this act. — There is hereby appropriated for the fifty-seventh and fifty-eighth fiscal years, the sum of seventeen thousand six hundred dollars ($17,600.00) for carrying out the provisions of this act, and for the payment of all salaries and expenses herein provided for. Sec. 23. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Acts 1217-1220 FORESTRY. ««h ACT 1217. An act to appropriate one hundred thousand dollars from any moneys hereafter collected and received by the State of California from the United States in payment of the claims of this state arising out of the Indian an 1 Civil wars, to be expended in the acquisition, preserva- tion, and protection of the forests of this state; creat- ing the state board of examiners a commission to carry this act into effect and for the disbursement of said moneys, and creating the "state forestry fund." [Stats. 1905, p. 183.] ACT 1218. To create a state board of forestry, and to provide for the expenses thereof. [Approved March 3, 18S5. Stats. 1885, p. 10.] Repealed 1893, 229. ACT 1219. To enlarge the powers of the state board of forestry, and to provide for the expenses of said board. [Approved March 7, 1887. Stats. 1887, p. 46.] This act was not In terms repealed by the bo ■!>• at the act or March 23, 1893, post, although its title purported to repeal the ac, but It probably fell with the repeal of the act on whieh It was base-1. ACT 1220. An act to repeal an act entitled "An act to create a state board of forestry, and to provide for the expenses thereof," approved March 3, 1885, and tlie act amenda- tory thereof, approved March 7, 18S7, and to rnal appropriation for the maintenance and preservation of the property of the board of for [Approved March 23, 1S93. Stats. 1893, p. 229.] Section 1. An act entitled "An act to create a state board of forestry, and to provide for the expenses then approved March third, eighteen hundred and eighty-five, ia hereby repealed. Sec. 2. All the real and personal property of the said board on or before the first day of July, eighteen hnndn d and ninety-three, shall be assigned, mad. over, and trans- ferred to the agricultural department of the University of California. Sec. 3. There is hereby appropriated tli" sum of four thousand dollars out of any money in the state treasury 4261 FORT JONES— FRANCHISES. Acts 1225, 1229, §§ 1. J not otherwise appropriated, payable to the agricultural de- partment of the University of California, for the support, maintenance, and preservation of the experimental sta- tions of the state board of forestry, and the controller 13 hereby directed to draw his warrant for the same. Sec. 4. This act shall take effect from and after July first, eighteen hundred and ninety-three. TITLE 172. FORT JONES. ACT 1225. Incorporation of. [Stats. 1871-2, p. 387.] TITLE 173. FRANCHISES. ACT 1229. An act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the granting of such franchises by legis- lative or other governing bodies, and repealing con- flicting acts. [Approved March 22, 1905. Stats. 1905, p. 777.] Section 1. Every -franchise or privilege to erect or lay telegraph or telephone wires, to construct 'or operate street or interurban railroads upon any public street or highway, t-> lay gas pipes for the purpose or carrying gas for heat and power, to erect poles or wires for transmitting electrif heat and power along or upon any public street or highway, or to exercise any other privilege whatever hereafter pro- posed to be granted by boards of supervisors, boards <>f trustees, or common councils, or other governing or legisla- tive bodies of any county, city and county, city or town within this state, except steam railroads and except tele- graph or telephone lines doing an interstate business, and renewals of franchises for piers, chutes or wharves, shall be granted upon the conditions in this act provided, and not otherwise. Sec. 2. An applicant for any franchise or privilege above mentioned shall file with the governing or legislative body of the county or municipality an application, and there- Act 1229, §§ 3-5 FRANCHISES. B6J upon said governing body shall, in its discretion, advertise the fact of said application, together with a statement that it is proposed to grant the same, in one or more newspapers of the county, city and county, city or town wherein the said franchise or privilege is to be exercised. Said adver- tisement must state that bids will be received for sued franchise, and that it will be awarded to the highest bidder, and the same must be published in such newspaper once a day for ten successive days, if it be a daily newspaper, and if there be no daily newspaper published in such county, city and county, city or town, then it shall be published in a weekly newspaper once a week for four successive weeks, and in either case the full publication must be completed not less than twenty nor more than thirty days before any further action can be taken thereon. Sec. 3. The publication must state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it be a street railroad, the route to be traversed; that sealed bids therefor will be re- ceived up to a certain hour and day named therein, and that the successful bidder and his assigns must, during the life of said franchise, pay to the county or municipality two per cent (2%) of the gross annual receipts of the person, part- nership or corporation to whom the franchise is awarded, arising from its use, operation or possession. No percent- age shall be paid for the first (5) years succeeding the date of the franchise, but thereafter .such percentage shall be payable annually; and in the event said payment is not made, said franchise shall be foifeitcd; provided, further, that if the franchise be a renewal of a right already in ex- istence, the payment of said percentage of gross receipts shall begin at once. Sec. 4. In case the franchise granted shall be an exten- sion of an existing system of street railroad, then the gross receipts shall be estimated to be one-half of the proportion of the total gross receipts of said system which the mileage of such extension bears to the total mileage of the wlml system, and said estimate shall be conclusive as to the amount of the gross receipts of said extension. Sec. 5. Said advertisement shall also contain a srntr- ment that the said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash hid therefor; provided, only, that at the time of the opening of said bids any responsible person, 426k FRANCHISES. Act 1229, § C firm or corporation present or represented may bid for said franchise or privilege, a sum not less than ten per cent above the highest sealed bid therefor, and said bid so made may be raised not less than ten per cent by any other re- sponsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold, and awarded by said governing body to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check, payable to the treasurer of such county or municipality, for the full amount of said bid, and no sealed bid shall be considered unless said cash or check is enclosed therewith and the successful bidder shall deposit, at least ten per cent of the amount of his bid with the clerk of such county or munic- ipality before the franchise shall be struck off to him. And if he shall fail to make such deposit immediately, then and in that case, his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit, as above mentioned. Said procedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of at least ten per cent of the amount of his bid therefor, as herein pro- vided. Said successful bidder shall deposit with the clerk of such county or municapility, within twenty-four hours of the acceptance of his bid, the remaining ninety per cent of the amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made, shall be forfeited, and the said award of said franchise shall be void, and the said franchise shall then and there, by said governing body, be again offered for sale to the highest bidder therefor, in the same manner, and under the same restriction as herein- before provided, and in case said bidder shall fail to deposit with the clerk of such county or municipality, the remaining ninety per cent of his bid, within twenty-four hours after it3 acceptance, the award to him of said francise shall be set aside, and the deposit theretofore made by him shall be set forfeited, and no further proceedings for a sale of said fran- chise shall be had unless the same shall be readvertised and again offered for sale, in the manner hereinbefore provided. Sec. 6. Work to erect or lay telegraph or telephone wires, to construct street railroads, to lay gas pipes for the purpose of carrying gas for heat and power, to erect poles or wires for transmitting electric heat or power, along or upon any public street or highway, or to exercise any privilege what- Act 1229, §§ 7-9 FRANCHISES. 4361 ever, a franchise for which shall have been granted in ac- cordance with the terms of this act, shall be commenced in good faith within not more than four months from the grant- ing of any such franchise, and if not so commenced within said time said franchise so granted shall be declared for- feited, and shall be completed within not more than three years thereafter, and if not so completed within said time said franchise so granted shall be forfeited; provided, that for good cause shown the governing or legislative body may by resolution extend the time for completion thereof, not ex- ceeding three months. Sec. 7. The successful bidder for any franchise or privilege struck off, sold, and awarded under this act shall file a bond running to said county, city and county, or city or town, with, at least, two good and sufficient sureties, to be ap- proved by such governing body, in a penal sum by it to be prescribed, and B( t forth in the advertisement for bids, con- ditioned that such bidder shall well and truly observe, ful- fill and perform each and every term and condition of such franchise, and that in ease of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with such governing body within five days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm or corporation to whom it has been struck off, sold, or awarded, and in case that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said governing or legislative body, be readvertised, and again offered for sale in the same manner, and under the same restrictions, as hereinbefore provided. Sec. 8. It shall be the duty of the attorney-general, upon the complaint of any county or municipality, or, in his dis- cretion, upon the complaint of any taxpayer, to sue for the forfeiture of an}- franchise granted under the terms of this act, for the noncompliance with any condition thereof. Sec. 9. No clause or condition of any kind shall be in- serted in any franchise or grant offered or sold under the terms of this act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for •1-7 FRANCHISES. Acts 1230, 1231 sale, which shall in any wise favor one person, firm or cor- poration, as against another, in bidding for the purchase thereof. Sec. 10. Any member of any common council or other governing or legislative body of any county, city and county, city or town of this state, who, by his vote, violates or at- tempts to violate the provisions of this act, or any of them, shall be guilty of a misdemeanor, and may be punished therefor, as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction. •Sec. 11. All acts or parts of acts in conflict herewith are nereby repealed; provided, however, that nothing herein con- tained shall be construed as repealing, or amending the fol- lowing acts, to wit: "An act relating to the granting by the counties and municipalities of franchise for the construc- tion of paths and roads for the use of bicycles and other horseless vehicles," approved March twenty-seventh, eigh- teen hundred and ninty-seven; "An act to authorize cities and towns to grant franchises for the construction and main- tenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby," being chapter forty of the laws of eighteen hundred and ninety-seven of the State of California. This act shall take effect immediately. ACT 1230. Providing for the sale of railroad and other franchises in municipalities and relative to granting franchises. [Stats. 1893, p. 288.] Amended 1897, 176. Superseded by 1901, 265. See Horton v. Los Angeles, 119 Cal. 602. Cal. Rep. Cit. Ill, 546; 111, 555; 117, 700; 119, 602; 132, 680; 134. 622. This act appears In full in' Civil Code, Appendix, p. 753. ACT 1231 Providing for the sale of street railroad and other fran- chises in municipalities, and providing conditions for the granting of such franchises by the legislative or other governing bodies. [Stats. 1897, p. 135.] Repealed 1901, 265. Unconstitutional. (Pereria v. Wallace, 129 Cal. 397.) In tuU in Appendix to Civil Code, p. 755. Acta 1232-1246 FRAUDULENT CONVEYANCES— FREE LIBRARIES. 425 ACT 1232. To provide for the sale of street railroad and other fran- chises in municipalities. [Stats. 1901, p. 265.] AmoivJed 1903, 90. This act appears In full In Civil Code, Appendix, p. 758. Cal. Rep. Cit. 142, 228. ACT 1233. Limiting the time for granting franchises for the construc- tion, extension, or operation of street railroads. [Stats. 1893, p. 29.] The code commissioners say this act Is superseded by the act of 1897, 265. It appears in full in Civil Code, Appendix, p. 773. ACT 1231. Relating to granting by counties and municipalities of fran- chises for the construction of paths and roads for the use of bicycle and other horseless vehicles. [Stats. 1897, p. 191.] See post act. 1464. TITLE 174. FRAUDULENT CONVEYANCES. ACT 1239. Concerning fraudulent conveyances and contracts. [Stats. 1850, p. 87.] Amended 1856, 87; 1867-8, 110. Superseded by Civil Code, sees. 1227-1231, 1624, 3439-3442. TITLE 175. FREE LIBRARIES. ACT 1244. In reference to library associations. [Stats. 1863, 624.] Amended 1869-70, 366. "Repealed by sec. 288, Civ. Code."— Code Commissioner's Note. See note to act 632, ante. ACT 1245. To establish free public libraries and reading-rooms. [Stats. 1880, p. 231.] Repealed 1901, 557. ACT 1246. Free public libraries and reading-rooms, establishment of. [Stats. 1877-8, p. 329.] Repealed 1880, 233. 42d FREE LIBRARIES. Act 1247, § $ 1-4 ACT 1247. A.n act to provide for the establishment and maintenance of public libraries within municipalities. [Approved March 23, 1901. Stats. 1901, p. 557.] Amended 1905, p. 29G The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The common council, board of trustees, or other legislative body of any incorporated city or town in the state of California, may, and upon being requested to do so by one fourth of the electors of such municipal cor- poration in the manner hereinafter provided, must, by or- dinance, establish in and for said municipality a public library; provided, there be none already established therein. Sec. 2. The request referred to in the preceding seetion tnay be by a single petition, or by several petitions; pro- vided, that such several petitions be substantially in the same form, and that such single petition has, or such several petitions in the aggregate have, the signatures of the requi- site number of electors. Sec. 3. Such public library shall be managed by a board designated as the board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees or other executive head of the munici- pality, by and with the consent of the legislative body of said municipality. Such trustees shall severally hold office for three years, serving without compensation; -provided, that the members of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the same manner. Sec. 4. Boards of library trustees shall meet at least once a month at such times and places as they may fix by . resolution. Special meetings may be called at any time by three trustees, by written notice served upon each mem- ber at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their number president, who shall serve tor one year and until his successor is appointed, and in his absence shall select a president pro tern. Such boards shall Act 1247, §§ a, 6 FREE LIBRARIES. Ut> cause a proper record of their proceedings to be kept and at the first meeting of the board of trustees of any library formed under the provisions of this act, it must immediately upon organization cause to be made out and filed with the Btate librarian at Sacramento a certificate showing that such library has been established with the date thereof, the names of the trustees and of the officers of the board chosen for the first year. (Ara'd. 1905, 296.) Sec. 5. Boards of library trustees shall have power: First — To make and enforce all rules, regulations and by- laws necessary for the administration, government and pro- tection of the libraries under their management, and all property belonging thereto. Second — To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third — To prescribe the duties and powers of the librarian, secretary and other officers and employees of any such li- braries; to deti inline the number of and appoint all such officers and employees, and fix their compensation, which said officers and employees shall hold their offices or posi- tions at the pleasure of said boards. Fourth — To purchase necessary books, journals, publica- tions and other personal property. Fifth — To purchase such real pioperty, and erect or rent and equip, such building or buildings, room or rooms, as may be necessary when in their judgment a suitable build- ing, or portion thereof, has not been provided by the legis- lative body of the municipality for such libraries. Sixth— To require the secretary of state and other state officials to furnish such libraries with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. Seventh — To borrow books from, lend books to and ex- change the same with other libraries, and to allow non- residents to borrow books upon such conditions as they may prescribe. Ejghth To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act. Sec. 6. Boards of library trustees shall, on or before the last day of July in each year, make a report to the 431 FREE LIBRARIES. Act 1247. §§ 7-'J legislative body of their municipality, giving the condition of the library on the thirtieth day of June preceding, to- gether with a statement of their proceedings for the year then ended, and must immediately upon the publication of such report, forward a copy thereof for filing to the state library at Sacramento. (Am'd. 1905, 297.) Sec. 7. The legislative body of any municipality in which a public library has been established in accordance with this act, shall in making the annual tax levy and as part thereof, if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of main- taining such library and purchasing property necessary there- for, which tax shall be in addition to other taxes, the levy of which is permitted in the municipality; provided, that after two years from the passage of this act as to existing libraries and after two years from the establishment of new libraries thereunder, where a maintenance correspond- ing thereto has not been otherwise provided, in municipal- ities of the first, second and third classes, such tax levy shall not exceed one mill on the dollar of assessed valuation, and in municipalities of the fourth, fifth, and sixth classes such levy shall not exceed two mills on the dollar of assessed valuation. Sec. 8. The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be apportioned to a fund to be designated the library fund, and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, [or] bequest, the board shall pro- vide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or be- quest. Payments from said fund shall be made in the manner provided for the payment of other demands against the municipality; provided, that demands upon said fund shall be presented to the board of library trustees for allow- ance ratjier than to the legislative or other body of the municipality. Sec. 9. Every library established under this act shall be forever free to the inhabitants and non-resident tax- payers of the municipality, subject always to such rules, regulations and by-laws as may be made by boards of li- brary trustees; and provided, that for violations of the same a person may be fined or excluded from the privileges of the library. Acts 1252, 1253 FRESNO CITY. 432 See. 10. Boards of library trustees and the legislative bodies of neighboring municipalities or boards of super- visors of the counties in which public libraries are situated, may contract for lending the books of such libraries to residents of such counties or neighboring municipalities, upon a reasonable compensation to be paid by such counties or neighboring municipalities. Sec. 11. The title to all property acquired for the pur- poses of such libraries, when not inconsistent with the terms of its acquisition, or otherwise d< siguated, shall vest in the municipalities in which such libraries are, or are to be, situated, and in the name of the municipal corporations may be sued for and defended by action at law or other- wise. Sec. 12. An act entitled "An act to establish free public libraries and reading rooms," approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, that as to existing libraries this act is to be deemed a continuation thereof, and such libraries shall be governed hereby accordingly; provided, however, that this act shall have no application to any library established or governed by the provisions of a city charter, and the provisions of any city charter shall in no manner be affected by this act. Sec. 13. Any ordinance establishing a library adopted under the provisions of section one of this act may be repealed by the body which adopted the same upon being requested to do so by one-fourth of the electors of such municipal cor- porations, in the manner provided in section two of this act, and upon -the repeal of such ordinance such library shall be disestablished in such municipal corporation. Sec. 14. This act shall take effect immediately. TITLE 176. FRESNO CITY. ACT 1252. Fresno, town of, and Merced, city, protection against fire. [Stats. 1877-8, p. 214.] Superseded as to that city by the charter of Fresno, 1901, 833. ACT 1253. Preventing certain animals and fowls from running at large within the limits of Fresno City. [Stats. 1875-6, p. 57.] Repealed 1897, 198. 433 FRESNO COUNTY. Acts 1258-12S7 TITLE 177. FEESNO COUNTY. ACT 1258. County seat, locating. [Stats. 1873-4, p. 913.] ACT 1259. County auditor and county recorder, separation of offices of, and regulation of official salaries in. [Stats. 1875-6, p. 151.] Amended 1875-6, 363; 1877-8, 104. Repealed by County Govern- ment Acts, 1897, 535, sec. 182. ACT 1260. Funds for improvement of court-house and county hospital grounds. [Stats. 1877-8, p. 174.] ACT 1261. Authorizing transfer of funds. [Stats. 1875-6, p. 249.] Superseded by subd. 18, sec. 25, County Government Act. 1897, 463. ACT 1262. To reduce the number of judges of the superior court of from three to two. [Stats. 1895, p. 156.] ACT 1263. To increase the number of superior judges of. [Stats. 1887, p. 57.] ACT 1264. For the appointment of an additional judge for. [Stats. 1893, p. 125.] ACT 1265. To provide for the maintenance and construction of roads in. [Stats. 1877-8, p. 859.] Repealed 1883, 5, chap. X, sec. 2. , ACT 1266. Issuance of bonds for the construction of certain roads and bridges. [Stats. 1877-8, p. 395.] ACT 1267. To repeal all special laws in and to apply the provisions of the Political Code relating to roads and highways. [Stats. 1873-4, p. 342.] Gen. Laws— 28 Acts 1268-1279 FUNDS. 434 ACT 1268. Promoting sanitary conditions in towns and villages. [Stats. 1877-8, p. 383.] S'C BUbd. 20, sec. 25, County Government Act, 1897, 464. ACT 1269. Tax collectors of, bonds of. [Stats. 1875-6, p. 16.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 1270. Treasurer of, salary of. [Stats. 1873-4, p. 236.] Amended 1877-8, 255. Repealed by County Government Act, 1S97, 4^2. ACT 1271. Creating board of water commissioners for. [Stats. 1865-6, p. 777.] Amended 1875-6. 547. ACT 1272. Water ditches and water privileges in. [Stats. 1875-6, p. 547.] TITLE 178. FUNDS. ACT 1277. Authorizing transfer to the general fund of money in other funds of the state treasury. [Stats. 1871-2, p. 475.] This act provided that when the general furrd was exhausted, moneys In other funds not needed In such funds could be transferred ACT 1278. Authorizing the governor to order the transfer to the gen- eral fund of any money that may be in other funds of the state treasury, and the return thereof to such funds. I Stats. 1899, p. 150.] ACT 1279. Requiring the payment into the state treasury of all moneys belonging to the state, received by state institutions, com- missions, unci officers, and directing the disposition of the proceeds. [Stats. 1899, p. 110.] Amended 1905. p. 382; also June 14, 1906; see Act 1284. 435 FUNDS. Acts 1280-1^4 ACT 1280. Providing for the payment of moneys in the state treasury to the credit of the swamp land fund, to the treasurers of the counties wherein the said swamp land districts are situated, and to provide for the control of the same by the auditor and treasurer of said counties, and prescrib- ing the duties of the controller and treasurer in relation thereto. [Stats. 1891, p. 243.] Cal. Rep. Cit. 119, 514. ACT 1281. Authorizing controller and treasurer to transfer certain moneys in certain other funds to the general fund. [Stats. 1893, p. 6.] ACT 1282. Authorizing the treasurer and controller to transfer moneys from the state drainage construction fund to the general fund. [Stats. 1891, p. 237.] ACT 1283. To authorize the controller and treasurer to transfer moneys from the construction fund of Drainage District No. 1 to the general fund. [Stats. 1891, p. 279.] ACT 1284. An act to amend an act entitled ' ' An act to amend section one of an act entitled an ' An act requiring the pay- ment into the state treasury of all moneys belonging to the state, received by the various state institutions, commissions and officers, and directing the disposition of the same,' approved March seventeenth, eighteen hundred, and ninety-nine, ' ' approved March 20, 1905. [Approved June 14, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Section one of said act is hereby amended so as to read as follows: Section 1. All moneys belonging to the state received from any source whatever by any officer, commission or commissioner, board of trustees, board of managers or board of directors shall be accounted for at the close of each month to the state controller, in such form as the controller may prescribe, and at the same time, on the order of the Acts 1288-1293 GALINAS SLOUGH— GAMING. 436 controller, be paid into the state treasury; provided, in the ease of any state, hospital, asylum, prison, school or harbor, supported by or under control of the state said money shall be credited to a fund to be known as the contin gent fund of the particular institution from which such money is received, and may be expended under the same laws and provisions that govern the expenditure of money appropriated for the support of such institutions, anr) pro- vi£ harbor commissioners, without advertising the proposals therefor. " Sec. 2. This act shall take effect immediately. TITLE 179. GALINAS SLOUGH. ACT 1288. Galinas Slough or Creek, in Marin Countv. declare! naviga- ble. [Stats. 1S75-6, p. 485.] Repealed by Political Code, sec. 234'J, as amended in 1891. TITLE 180. GAMING. ACT 1293. To suppress gaming. [Stats. 1855, p. 124.] Superseded by Penal Code, sees. J30-337. 437 GAME LAWS. Acts 1294-1304 ACT 1294. To prohibit gaming. [Stats. 1857, p. 267.] Superseded by Penal Code. sees. 330-337. ACT 1295. To prohibit gaming. [Stats. I860, p. 69.] Amended 1S63, 723. Superseded by Penal Code, sees. 330 et seq. TITLE 181. GAME LAWS. ACT 1300. To create the office of fish and game warden, and to pre- scribe the powers, duties, and salary of such officer. [Stats. 1895, p. 169.] Amended 1905, 319. This act appears in full in Political Cade, Appends, p. 1089. ACT 1301. Authorizing the fish commissioners to purchase the land on which the state fish hatcheries at Sisson are situated. [Stats. 1891, p. 258.] This act appears in full in Penal Code, Appendix, p. 601. ACT 1302. To provide for purchasing land for the state fish hatchery at Sisson, in Siskiyou County, and for making certain improvements and repairs at said hatchery, and mak- ing an appropriation therefor. [Approved March 25, 1903. Stats. 1903, p. 434.] ACT 1303. Authorizing commissioners to remove obstructions in American River. [Approved March 5, 1889. Stats. 1889, p. 66.] ACT 1304. To provide for removing obstructions in Pitt River, above the mouth of Hat Creek, so as to enable salmon to reach the spawning-grounds on the upper waters of said river and its tributaries, and making an appropriation therefor. [Approved March 25, 1901. Stats. 1901, p 808.] Acts 1305-U1J GAME LAWS. «38 ACT 1305. Authorizing the board of fish commissioners to construct a steam launch. [Stats. 1885, p. 124.] ACT 1306. To authorize the board cf fish commissioners to purchase or construct a gasoline launch, to aid in carrying out the purposes of said board, and appropriating money therefor. [Stats. 1893, p. 346.] ACT 1307. Authorizing fish commissioners to dispose of the steam launch Governor Stoneman and to replace it by two smaller boats to be used as patrol boats. [Stats. 1889, p. 350.] ACT 1308. To authorize state board of fish commissioners to import game birds into the state for propagation. [Stats. 1889, p. 304.] ACT 1309. Authorizing fish commissioners to build and maintain a salmon hatchery. [Stats. 1885, p. 31.] ACT 1310. Authorizing the board of fish commissioners to dispose of tin hatchery located on Battle Creek in Tehama Coun- tv, and to expend the proceeds of the same. [Stats. 1897, p. 89.] ACT 1311. Nevada County, protecting game in. [Stats. 1873-4, p. 80.] "Probably modified and repealed by Penal Code, sees. 636e, 626f, fcSh. and 6261." — Code Commissioner's Note. ACT 1312. Yolo County, restricting the hunting of game in. [Stats. 1871-2, p. 411.] Probably superseded by the general laws on the subject. See Penal Code, sees. 635. 636, 636a."— Code Commissioner'* Note. ACT 1313. To prevent the destruction of deer on Mt. Diablo, in Contra Costa County. [Stats. 1877-8, p. 599.] This act appears In full In the Appendix to the Penal Code, p. 60«. 439 GAME LAWS. Acts 1314-131:1 ACT 1314. Mocking-birds, act to prevent destruction of. [Stats. 1871-2, p. 102.] This act appears in full in the Appendix to the Penal Code, p. 609. ACT 1315. Sea-gulls at Santa Monica, protection of. [Stats. 1875-6, p. 287.] Codified by amendment of Penal Code, 1905. See note to § 593, Penal Code. This act appears in full In Penal Code, p. 609. ACT 1316. To prevent capture and destruction of blue cranes. [Stats. 1889, p. 205.] Codified by amendment of Penal Code, 1905. See note to § 599, Penal Code. This act appears in full in the Appen-dix f o the Penal Code, p. 608. ACT 1317. To prevent destruction of fish and game in the waters of Lake Merritt, Alameda County. [Stats. 1869-70, p. 325.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. ACT 1318. Napa County, for the protection of fish and game in. [Stats. 1871-2, p. 550.] "Probably repealed by the general laws upon the subject. See Penal Code, sees. 635, 636, 636a."— Code Commissioners' Note. ACT 1319. To regulate the vocation of fishing, and -to provide there- from revenue for the protection and preservation of fish. [Stats. 1887, p. 233.] ACT 1320. To prohibit aliens from fishing in the waters of this state. [Stats. 180, p. 123.] Unconstitutional. (People v. Parks, 58 Cal. 624.) In full in Penal Code, Appendix, p. 603. ACT 1321. For the protection of certain kinds of fish. [Stats. 1880, p. 106.] Acts 1322-1329 GAME LAWS. MO Expired in 1SS2. This act prohibited the catching of catfish, except by hook and line. ACT 1322. Construction, maintenance, and regulation of fishways in streams frequented by salmon, shad, etc. [Approved April 16, 1880. Stats." 1880, p. 121.] This act is in the Penal Code. Appendix, p. 603; also In Political Code, Appendix, p. 1090. ACT 1323. Alameda Countv, prohibiting destruction of fish in. [Stats. 1877-8, p. 598.] This act is In the Penal Code, Appendix, p. 606. ACT 1324. To prevent destruction of fish in Bolinas Bay. [Stats. 1865-6, p. 637.] Continued in force by Political Code, sec. 19, an-d Penal Code, sec. 23. ACT 1325. For the protection of fish in Butte Creek, in the county of Butte. [Stats. 1871-2, p. 138.] Amended 18T3-4, S7. Probably superseded by the general laws on the subject. ACT 1326. Regulating salmon fisheries on Eel River. [Stats. 1859, p. 298.] Continued In force by Political Code, sec. 19, and Penal Code, sec. 23. See Hickman v. Swett, 107 Cal. 276. ACT 1327. Lake Bigler, preservation >f fish in the waters of. [Stats. 1877-8, p. 746.] This act appears in full in the Penal Code, Appendix, p. 606. ACT 1328. Kings River, to prevent destruction of fish in. [Stats. 1877-8, p. 601.] This act appears in the Penal Code, Appendix, 606. ACT 1329. To prevent destruction of fish in Napa River and Sonoma Creek. |_dtats. 1867-8, p. 13.] Amended 1871-2, HI. Continued in force by Political Code, sec. 19, and Penal Code, sec. *? 441 GAS. . Acts 1330-1312 ACT 1330. San Antonio Creek, preventing catching of fish in, by seines, nets, or weirs. [Stats. 1875-6, p. 362.] This act appears in the Penal Code, Appendix, p. 605. See Penal Code, sees. 636, 636a. ACT 1331. Plumas and Sierra counties, -protecting fish in waters of. [Stats. 1871-2, p. 794.] Repealed 1873-4. 154. ACT 1332. Plumas and Sierra Counties, protecting fish in. [Stats. 1873-4, p. 154.] Repealed 1875-6, 725. ACT 1333. Siskiyou County, preservation of fish in waters of. [Stats. 1871-2, p. 385.] "Probably superseded by the g-eneral laws upon the subject. See ■ Penal Code, sees. 635, 636, 636a."— Code Commissioners' Note. ACT 1334. Concerning trout in Siskiyou County. [Stats. 1865-6, p. 857.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. Modified by Penal Code, sees. 628, 632."— Code Commissioners' Note. ACT 1335. Concerning the payment of costs of trials of persons charged with violation of the laws for the preservation of fish. [Stats. 1887, p. 5.] Amended 1903, 20. This act provi-ded that the expense should be borne by the state. It is In the Penal Code, Appendix, p. 602. TITLE 182. GAS. ACT 1341. For the protection of gas-light companies. [Stats. 1859, p. 309.] Superseded by Penal Code, sec. 498. ACT 1342. Concerning gas companies. [Stats. 1869-70, p. 815.] This act provided for the granting of franchises to gas companies. It was continued in force by sec. 19, Pol. Coae, but was superseded by the constitution of 1879, art. XI, sec. 19. Cal. Rep. Cit. 139, 183. Acts 1343, 1344, j 1 • GAS. 442 ACT 1343. To regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, p. 289.] This act appears in full In Penal Covle, Appendix, p. 610. It pro- vided gas should not be turned off at meter by hotel or lodging-house keepers. ACT 1344. An act to regulate the quality and standard illuminating power and the price of gas in all cities within the state of California having a population of one hundred thou- sand or more. [Approved March 4, 1878. Stats. 1877-8, p. 167.] Repealed as to San Francisco by chap. 2 of art. I of the charter. Cal. Rep. Clt. 62, 591; 76, 326. Quality and price of gas to be fixed by whom. Section 1. That in all cities in the state of California having a population of one hundred thousand or more, the local legislative body thereof, whether known and desig- nated as the b.iard of supervisors, or board of aldermen, ir common council, or board of trustees, or otherwise, are hereby authorized and required to fix the standard quality and illuminating power of gas to be furnished, and the rate and price for each one thousand cubic feet to be charged therefor by any person, company, or corporation whose pipes or mains are or shall be laid down in the streets or highways of such city, for the purpose of supply- ing gas for the use of such city, or for the inhabitants thereof, or for such city and its inhabitants; provided, however, that said board or local authority shall not fix or establish the standard quality and illuminating power of gas in such city at less than sixteen-eandle power, or such that five cubic feet of gas per hour so furnished shall give light at least equal to that afforded by the combustion of sixteen standard sperm candles consuming one hundred and twenty grains of sperm each per hour, the burner to be used in making such test to be that best adapted to the economical consumption of gas; and provided, further, that such board of supervisors, or local legislative author- ity, by whatever name it may be known, shall not fix or establish the rate or price of gas so furnished to such city or its inhabitants at any greater price or rate than three dollars per thousand cubic feet. 4i3 GAS. Act 1244, § : Mayor to appoint an inspector. Sec. 2. It shall be the duty of the mayor of each city having the population mentioned in section one of this act, and such mayor is hereby required, within thirty days after the passage and approval of this act, to appoint, subject to the approval of the board of supervisors, or other local legislative body aforesaid, a person of competent experi- ence and knowledge of and concerning the proper qualities and illuminating power of gas, and who shall not be directly or indirectly interested in or connected with any person, company, or corporation engaged in the manufacture or furnishing of illuminating gas in such city, or elsewhere, either to such city or its inhabitants, or any of them, either as a stockholder or otherwise, who shall be known and designated as gas inspector of such city, who shall hold his said office for the term of two years, or until his successor shall be appointed and qualified; subject, how- ever, to removal from his said office by the mayor, with the concurrence of a majority of the board of supervisors, or other local legislative board aforesaid, for any one of the following causes, to wit: by reason of any interest in the manufacture or furnishing of gas in such city, whether such interest existed at the date of his appointment or was afterward acquired, or for want of competent knowledge, skill, or experience to enable him properly to discharge the duties of said office, or for any neglect, misconduct, or in- efficiency in the discharge of the duties of said office, to the prejudice of such city, or its inhabitants, or any of them. The person so appointed shall, before he enters upon the duties of said office, and within ten days after his appointment and confirmation, take and subscribe an oath or affirmation before the county judge of the county in which such city is situated, that he will faithfully and im- partially perform and discharge all the duties required by this act and the ordinances or resolutions of said board passed or adopted under and pursuant to the provisions thereof, as such gas inspector of such city, and shall also, within the same time, give bond to the city in and for which he is appointed, in the sum of ten thousand dollars, with sureties to be approved by said board, conditioned for the faithful performance of the duties of said office, which said oath and bond shall be filed with the clerk of said board. Such gas inspector shall be entitled to a salary to be fixed and allowed by said board, which shall be paid monthly out of the general fund of such city. Act 1344, §J 3-5 GAS. 441 Duty of inspector. See. 3. It shall be the duty of such inspector, imme- diately upon his appointment and qualification as such officer, as aforesaid, to make a careful examination and inquirj' by inspection, letter, or otherwise, as to the quality and illuminating power of the gas furnished and used in the principal cities of the United States, and the prices charged therefor, and also the comparative cost of the manufacture and supply of gas in other cities of the United States, with the cost of the manufacture and supply of the same in the city for which he is such inspector, and report fully the result of such examination and information to said board within six months after his appointment and qualification; and upon receiving such reports, said board shall proceed to fix and establish t ho quality and standard illuminating power of gas to be used in such city, and the maximum price to be charged therefor; and such standard and price may be changed by said board from time to time, not oftcner than once every year, as increased consumption or other circumstances may in their judgment require. Same. Sec. 4. After said board shall have fixed and established the quality and illuminating power, and the price of gas, as hereinbefore, it shall be the duty of such inspector to examine and inspect, from time to time, at least once every week, without notice to the person, company, or corporation furnishing the same, the quality and illuminat- ing power of the gas furnished to such city and the in- habitants thereof, and in case the same shall fall below the standard fixed by said board, the said inspector shall forthwith report the same to said board; and at such other times as he may be requested thereto by the mayor or any committee of said board, he shall report to said board upon any and all matters connected with the manufacture, supply, and consumption of gas coming within the scope of his official duties, and specially upon any subject or sub- jects, matters or things, connected therewith and specified in such request. Certain acts declared unlawful. Sec. 5. After said board shall have fixed and estab- lished the quality and standard illuminating power of the gas, and the price per thousand cubic feet, as in this act provided to be charged therefor, it shall be unlawful for 445 GAS. Act 1344, § § 6, 7 any person, company, or corporation to furnish to such city, or any inhabitant thereof, or other person therein, for illuminating purposes, gas of a lower standard or qual- ity, or to charge or receive therefor a higher price than is provided by said board, under the authority and subject to the limitations of this act; and for every violation of the provisions of this act, or the provisions of any order, reso- lution, or ordinance of said board made in pursuance thereof, every such person, company, or corporation shall incur a penalty of not less than one hundred nor more than one thousand dollars, to be recovered in a civil action in the name and for the use of such city, in any court of competent jurisdiction; and each day upon which such per- son, company, or corporation shall, without reasonable cause or excuse therefor, furnish gas of a lower quality or standard illuminating power than that fixed by said board, shall constitute and be considered and held one violation thereof, and each month or shorter period for which said person, company, or corporation shall take an account of gas consumed, and for which they shall charge or receive a price greater than that fixed by said board, shall be held and regarded as one offense, and any number of such offenses of either class, or both, maj r be joined in the same action, and the several penalties for the sev- eral violations proved or confessed in said action may be united and recovered in the same judgment; and such per- son, company, or corporation shall also be liable to such city and to any and each person or corporation who shall be injured by any such violation, in double the amount of damages actually sustained. Actions tried, by whom. Sec. 6. All actions for penalties under the provisions of this act shall be tried by the court, unless a jury be de- manded by either party; and when such action shall be tried by a jury, the jury shall find, as to each violation charged in the complaint, that "the defendant is guilty," „r "the defendant is not guilty;" and upon each charge in respect to which the jury has found the defendant guilty, the court shall fix the penalty, and render judgment for the aggregate amount of such penalties, together with costs of suit. Sec. 7. All penalties recovered under this act shall be paid into the general fund of such city. Acts 1343-1362 GEOLOGICAL SURVEY— GLENN COUNTY. 446 Sec. 8. This act shall apply to the city and county of San Francisco, as well as to cities whose municipal govern- ment ; s distinct from the county in which they are located. Sec. 9. This act shall take effect immediately. TITLE 183. GEOLOGICAL SURVEY. ACT 1349. To continue the geological survey of the state of California. [Stats. 1871-2, p. 355.] "Probably Intended to be repealed by lS7:>-4, C94, chap. CDLXI1I " — Co-de Commissioners' Note. ACT 1350. State geological survey, preservation of material of. [Stats. 1873-4, p. 694.J TITLE 184. GIFTS. ACT 1355. To provide for the receipt of donations to the state coun- ties, counties, cities and counties, or towns. [Stats. 1880, p. 20.] ACT 1356. To authorize the several counties, cities and counties, cities, and towns to receive gifts. [Stats. 1881, p. 2. J Codified by amendmtnt of Civil Code, 1905. See note to { U7ft, Civil Code. TITLE 185. GILROY. ACT 1357. Incorporating Gilroy. [Stats. 1869-70, p. 263.] Amended 1871-2, 356; 1S75-C. 724. TITLE 186. GLENN COUNTY. ACT 1362. To create the county of Glenn, establish the government, and provide for its organization. [Stats. 1891, p. 98.J Amended 1893, 158. Cal. Rep. Clt. 104. 236; 122. 429. 447 GOATS— GOOD TEMPLARS. Acts 1367-1:17-; TITLE 187. GOATS. To protect cashmere and angora goats from the ravages of dogs. • See title Dogs, ante. ACT 1367. An act to prevent buck goats running at large. [Approved March 23, 1878. Stats. 1877-8, p. 437.] Codified by amendment of Penal Code, 1905. See note to j 597g. Penal Code. Buck goats not to run at large. Section 1. It shall not be lawful for the owner or owners of any buck goat or goats, or any person or persons in charge of such goat or goats, to turn or permit such goat or goats to be turned or run at large in any county of this state Penalty for violation. Sec. 2. Any person violating the provisions of the first section of this act shall, upon complaint and conviction be- fore a justice of the peace of the proper township, be fined in a sum not less than five dollars, nor more than twenty dollars, to be collected as fines are now by law collected. Sec. 3. This act stall take effect on and after the first day of July, eighteen hundred and seventy-eight. Goats in particular cities or counties, see particular title. TITLE 188. GOLDEN CITY HOMESTEAD ASSOCIATION. ACT 1372. To authorize sale and conveyance of lands in San Francisco to Golden City Eomcstead Association. [Stats. 1863-4, p. 463.] This act permitted the commissioners of swamp and overflowed lands to sell certain lands to this homestead association. TITLE 189. GOOD TEMPLARS. ACT 1377. Concerning Independent Order of Good Templars. [Stats. 1863, p. 101.] Acts 1382-13S8 GOVERNOR. «S See sec. 2S8, Civ. Code. This act gave authority to acquire property necessary to carry out its charitable purpose. TITLE 190. GOVERNOR. ACT 1382. Authorizing the appointment of a stenographer for. [Stats. 1891, p. 1.] This act appears in full in Political Code, Appendix, p. 1092. ACT 1383. Governor's mansion, fitting up for use as a state printing office and state armory. [Stats. 1873-4, p. 903.] -Repealed 1875-6, 22 (Am.). ACT 1384. Providing for the maintenance of a residence for. [Stats. 1899, p. 150.] ACT 1385. Providing for the construction and furnishing of a residence for. [Stats. 1899, p. 73.] Amended 1903, 415. ACT 1386. Empowering the governor to execute a quitclaim deed to the successors in interest of James Bowman. [Stats. 1893, p. 151.] ACT 1387. Imposing certain duties on, respecting rewards. [Stats. 1875-6, p. 855.] Repealed by § 1547, Penal Code, as amended 1905. Cal. Rep. Cit 63, 466. This act authorized the governor to offer rewards. It appears In full in the Appendix to the Penal Code, p. 610. ACT 1388. Au act making an appropriation to provide for a deficiency in the postage, expressage, t< legraphing, traveling and contingent fund of the governor's office for the fifty- seventh fiscal year. [Approved June 14, 1906.] 449 GRAND ARMY OF REPUBLIC— GROWING TREES. Acta 1392-1403 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The sum of five hundred ($500.00) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to provide for a de- ficiency in the postage, ■ expressage, telegraphing, traveling and contingent expenses of the governor's office for the fifty-seventh fiscal year. Sec. 2. The controller is hereby authorized to draw his warrant for the said sum and the treasurer is hereby direct- ed to pay the same. See. 3. This act shall take effect immediately. TITLE 191. GEAND ARMY OF THE REPUBLIC. ACT 1392. To prevent persons from unlawfullv wearing badge of Grand Army of the Republic. [Stats. 1887, p. 82.] This act appears In full in the Penal Code, Appendix, p. 611. TITLE 192. GRASS VALLEY. ACT 1397. Incorporating Grass Valley. [Stats. 1861, p. 153.] Amended 1862. 98; 1863-4. 57; 1865-6; 363; 1869-70, 16, 47; 1877-8, 192. Repealed by new charter 1S93, 628. TITLE 193. GROWING TREES. ACT 1402. To protect growing timber on possessory claims and other private property, and on streets and highways and pub- lic grounds. [Stats. 1862, p. 307.] Superseded by Penal Code. ACT 1403. To prevent the destruction of timber on the public lands of this state. [Stats. 1863-4, p. 136.] Supplemented 1963-i, 435. Superseded by Penal Code. Gen. Laws— 29 Acts 1404-1421 GUARDIAN AND WARD— HARBOR COMMRS. 4iJ ACT 1404. To provide for tbe punishment of persons cutting timber upon or carrying away the same when cut down from any of the swamp and overflowed, tide, marsh, or school lands. [Stats. 1863, p. 739.] Superseded by Penal Code, sec. 603. Cal. Rep Cit. 60. 82. ACT 1405. To protect the Big Tree groves of Fresno, Tulare, and Kern counties. [Stats. 1873-4, p. 347.] This act appears In full In the Penal Code, Appendix, p. 6LL TITLE 194. GUARDIAN AND WARD. ACT 1410. To provide for the appointment and prescribe the duties of guardians. [Stats. 1850, p. 268.] Supplemented 1853, 129; 1857, 120. Amended 1860, 177; 1861, 6U3; 1863-70, 791. Superseded by Civil Code, sees. 236-25S. See, also, pro- visions In Code of Civil Procedure. Cal. Rep. Cit. 63, 740; 68, 86; 93, 105. TITLE 195. HABEAS CORPUS. ACT 1415. Concerning the writ of habeas corpus. [Stats. 1850, p. 333.] Amended 1854, 26. Supplemented 1S59, 15. Superseded by Penal Code, sees. 1473-1505. TITLE 196. HARBOR COMMISSIONERS. ACT 1420. Authorizing the reduction or abolition of rates of dockage by. [Stats. 1871-2, p. 797.] Probably superseded by Political Code, sec. 2526, as amended in 1876. ACT 1421. To authorize the board of state harbor commissioners to make repairs upon private wharves in their possession. [Stats. 1873-4, p. 663.] This act appears :n full in Political Code, Appendix, p. 1098. 450a HARBOR COMMISSIONERS. Acts 1422-1428 ACT 1422. Concerning state harbor commissioners. [Stats. 1873-4, p. 910.] Superseded apparently by the provisions of sees. 2520-2564, , Pol. Code. This act related to the harbor commissioners of San Francisco, ami placed them under the control of the state harbor commissioners ACT 1423. State harbor commissioners, granting further powers to. [Stats. 1873-4, p. 912.] Superseded apparently by the provisions of sees. 2520-2554, Pol. Code. ACT 1424. To authorize the board of state harbor commissioners to construct railroads over state lands and along the water-front of San Francisco, and to regulate the use of the same. [Stats. 1889, p. 388.] Superseded by Political Code, sec. 2524. ACT 1425. To provide penalties for failure to pay tolls, by false re- turns or otherwise, to any board of state harbor com- missioners. [Stats. 1891, p. 27.] This act appears in full in Political Code, Appendix, p. 1093. ACT 1426. To provide for the issuing and sale of state bonds to create a fund for the use of the state board of harbor com- missioners in constructing and furnishing of a general ferry ana passenger depot in San Francisco. [Stats. 1891, p. 110.]. ACT 1427. To extend the jurisdiction of the harbor commissioners over East Street, San Francisco. [Stats. 1891, p. 261.] Superseded by Political Code, sec. 2524, as amended 190? , 620. ACT 1428. Authorizing the board of harbor commissioners co rectify the alignment of East Street, and employing, the board to sell, condemn, and acquire adjacent property. Stats. 1891, p. 27U.] This act appears in full in Political Code, Appendix, p. 1095. Acts 1429-1433 HARBOR COMMISSIONERS. 450b ACT 1429. To authorize and empower the board of state harbor com- missioners to institute condemnation proceedings inst certain property on the corner of Market, Sac- ra nunto and East streets, in the city and county of San Francisco, and extending their jurisdiction over the same. [Stats. 1895, p. 79.] This act appears in full in Political Code, Appendix, p. 1095. ACT 1430. To authorize the state board of harbor commissioners to establish and maintain a free public market upon the water-front of San Fram Lsco, and providing for toe ex- penses and regulations thereof. [Stats. 1897, p. 238.] Amended 1903, 76. • This act appears in full in Political Code, Appendix, p.- 1096. ACT 1431. Empowering the state board of harbor commissioners to insure against loss or damage by fire the property of the state located on the water-front of San Francisco. [Stats. 1901, p. 809.] Amended 1905, 29.".. This act appears in full fh Political Code, Appendix, p. 1094. ACT 1432. Concerning the water-front of the city and county of San Francisco. [Stats. 1877-8," p. 263.] Amended 1S80, 10; 1889, 379; 1891, 233; 1896, 194; 1901, 627; 190u, 109. See Political Code, sec. 2524. This act related to the jurisdiction of the harbor commissioners. ACT 1433. An act to provide for the reconstruction and repair by the Board of State Harbor Commissioners of the damaged property of the State of California situated on the water front of the city and county of San Francisco, and making an appropriation therefor. [Approved .lune 14, 1906.] The people of the state of California, represented in senate ami assembly, do enact as follows: Section 1. The Bjard of State Harbor Commissioners are hereby authorized and empowered in the manner and method authorized by law to reconstruct and repair the 4S0c HASTINGS COLLEGE— HIGHWAYS. A.;ts M86-144sl damaged property of the State of California, situated on the water front of the city and county of San Francisco. Sec. 2. There is hereby appropriated, for said purposes, out of any moneys in the state treasury, not otherwise ap- propriated, the sum of one hundred thousand (100,000.00) dollars, and the state controller and the state treasurer are hereby directed to transfer said sum from the general fund to the San Francisco harbor improvement fund. Sec. 3. This act shall take effect and be in force from and after its passage. TITLE 197. HASTINGS COLLEGE OF THE LAW. ACT 1436. Hastings College of Law, creating. [Stats. 1877-8, p. 533.] Superseded by amendatory act of 1883, 26, chap. XX, but this act was pronounced unconstitutional in People v. Kewen, 69 Cal. 215." — Code Commissioners' Note. TITLE 198. HAYWARDS. ACT 1441. Incorporating. [Stats. 1875-6, p. 215.] Superseded by incorporation, in 1S92, under Municipal Govern- ment Act of 1S83. TITLE 199. HEALDSBUKG. ACT 1446. Charter of. [Stats. 1873-4, p. 665.] Amended 1875-6, 90, 891. Superseded by incoipoiating, in 1883, under Municipal Government Act of 1SS3. HEALTH. See Public Health. TITLE 200. HIGHWAYS. ACT 1449. An act to provide for the formation of boulevard districts and the construction, maintenance, and use of boule- vards and denning the term boulevard. [Approved March 22, 1905. Stats. 1905, p. 754.] A, i 1*49, § 5 1-3 HIGHWAYS. 4WW Section 1. Any portion of a county not contained in a boulevard district ma; be formed into a boulevard district under the provisions of this act, and when so formed shall be known and designated by the name and style of boulevard district (using the name of the district), of county (using the name of the county in which said dis- trict is located), and shall have the rights herein enum- erated and such as may hereafter It conferred by law. Sec. 2. A petition for the formation of such boulevard district (naming it) may be presentei to the board of su- pervisors of the county wherein the district is proposed to be formed, which said petition shall be signed by not less than twenty five freeholders, resident within the proposed district, and shall contain — (1) The boundaries of the proposed district. (2) The number of acres contained therein and the ap- proximate value thereof and of the improvements thereon. (3) A particular description of the boulevard which it is desired to lay out. open and construct. (4) A request that an election be called within said dis- trict for the purpose of determining the question of the formation of said boulevard district and the building of the boulevard described in said petition. Such petition must also be accompanied by a map showing the location of said boulevard, and of said district with relation to the territory immediately contiguous thereto; also with a cross- section and profile of said proposed boulevard, together with specifications for tin construction thereof, which said map shall be approved as to location of the boulevard and said cross-section, profile and specifications, as to manner of con- struction, by the county surveyor of the county in which said proposed district is located. There shall also be filed with said board of supervisors, at the time said petition is pre- sented, a bond in the sum of not more than three' hundred dollars, with two sufficient sureties, to be approved by said board, who shall each qualify in double the amount of the penal sum thereof, conditioned that they will pay the ex- pense and cost of said election in an amount not exceeding the amount mentioned in said bond, as the penal sum tin i in case such election shall tail to carry. Sec. 3. Such petition must be presented at a regular meeting of said board ol supervisors and they shall there,- upon fix a time for hearing said petition, not less than twenty-one nor more than thirty days after the date of presentation thereof, and shall publish a notice of the tact that such petition has been filed (referring to the same iJOe HIGHWAYS. Act 1449, §§ I-? on file with the clerk of the board of supervisors for fur- ther particulars and giving the date and hour at which said petition will be heard, which said notice shall be pub- lished at least once a week for two consecutive weeks in some newspaper published and circulated in said proposed district; provided, that, if no newspaper be so published in said district, then said notice shall be so published in some newspaper published and circulated in the county in which said proposed district is located. Sec. 4. Upon the day named for the hearing of said petition, the board of supervisors shall hear the same and may adjourn such hearing from time to time, not more than two weeks in all. On the final hearing, they shall make such changes in the proposed boundaries as they may find to be proper, and shall define and establish such boundaries. Any change made by the board of supervisors shall not include any territory outside of the boundaries described in the petition until the board has given at least two weeks' notice of its intention to include such territory in said district, said notice to be given and published as herein provided for the notice of the hearing of said petition. Sec. 5. The boundaries established by the board of super- visors shall be the boundaries of such boulevard district un- til the same shall be changed in the manner provided by law. But if it shall appear to the board that the boundaries of any such division have been incorrectly described, it shall direct the county surveyor to ascertain and report the correct description of the boundaries, in conformity with the orders of said board of supervisors, which said report must be filed within thirty days from the day of the making of such order. At the first regular meeting after the filing of said report, the board of supervisors shall ratify the same, with such modifications as they deem necessary, and the boundaries so established shall be the legal boundaries of such boulevard district. Sec. 6. The board of supervisors thereupon, and not later than the first regular meeting after the establishment of said boundaries as hereinbefore provided, shall give notice of an election to be held in such proposed boulevard dis- trict for the purpose of determining whether such district shall be formed and said boulevard built as in said peti- tion maps, cross-sections, profiles and specifications de- scribed. Sec. 7. Such notice must specify the time and place or places of holding the election, the amount of money pro- posed to be raised, and the purposes for which it is to be Act 1449, §§ S-10 HIGHWAYS. 4.>"f used, including a brief description of the proposed vork and materials to be used, and referring to the map, profiles, cross-sections and specifications on file with the clerk of the board of supervisors. Sec. 8. For the purposes of this election the board of su- pervisors shall establish, by order, one or more pretcinets within the boundaries of said district, and appoint one in- spector, one judge and one clerk for each, to conduct the same, and said election must be held in all respects as near as practicable in conformity with the general election laws of the state. At such election the ballots shall con- tain the words "For the formation of said district and the construction of said boulevard — Yes, No," together with a square at the right of the word "Yes" and at the right of the word "No" in which the voter may stamp his bal- lot to indicate his choice. But no particular form of bal- lot other than above set forth need be used; nor shall any informality in conducting said election invalidate the same, if the election shall have been otherwise fairly conducted. .Sec. 9. The officers of the election must certify the re- sult of the election to the board of supervisors, giving the whole number of votes cast, the munbt r for and the number against the formation of said boulevard district and the building of said boulevard, and if the majority of the votes cast are in favor of same, tine hoard of supervisors must enter an order to that effect upon its minutes, declaring said district formed and that said boulevard shall be built, and the amount to be raised by taxation on the taxable prop- erty within said district, which said amount shall be in the aggregate not exceeding seventy-five per cent of the estimated cost of acquiring the right of way therefor and constructing said boulevard, as found in the estimates to be furnished by the county surveyor of said county; the balance, twenty-five per cent, to be paid out of the general road fund of the county; and the board of supervisors shall, at the time of fixing the amount of the county tax levy, levy a tax upon the taxable property in said district suffi- cient to pay said amount. See. 10. The work provided for in this act to be done shall be by law contracted to the lowest responsible bidder in accord with the provisions of section 26-A3 of the Politi- cal Code of California. The successful bidder shall give a bond in such sum as the -board of sup. rvisors shall provide, conditioned for the faithful performance of the contract, together with any and all bonds required by law for public work. The work done under said contract to be performed 451 HIGHWAYS. Act 1449, § § 11-* under the direction and to the satisfaction of the surveyor of the county in which said boulevard district is located. Sec. 11. Any money remaining to the credit of the boule- vard district on the completion of the work contracted for, with any and all gifts and donations thereto, shall remain in the fund of the district and he expended in the betterment of said boulevard. The maintenance of the same, after the completion thereof, to be paid out of the general road fund of the county; provided, that the board of supervisors of the county in which said boulevard district is located may, as now or hereafter provided by law, arrange with the de- partment of highways or other lawful authority to turn said boulevard over to the State of California, and it shall there- after be kept and maintained as a state boulevard out of the funds provided by law for state highway purposes, but subject at all times nevertheless to the limitations as to the use thereof hereinafter provided. Sec. 12. By the term "boulevard" as used herein is meant a highway of limited dedication and use, not less than one hundred feet in width and upon which no wagon for heavy teaming, having a tire of less than four inehes, shall be permitted, and upon, along and over which no fran- chise for telephone, telegraph or electric wires or poles or for the operation or running of cars or vehicles upon fixed tracks or rails thereon shall ever be granted; and any ease- ment granted or condemned for the building of said boule- vard shall be so granted or condemned; provided, that noth- ing herein shall be deemed to apply to or preventing the granting of such franchise or limiting the use of wagons across said boulevard, on, over and along intersecting streets and highways. Sec. 13. AH provisions of the law of the State of Cali- fornia relating to streets and highways, including the right of eminent domain, save only section 2 of an act of the leg- islature of the State of California entitled "An act to re- peal chapter two of title six, part three, of an act of the legislature of the State of California, entitled An act to establish a Political Code, approved March 12, 1872, and each and every section of said chapter two. And to enact a now chapter two of title six of part three of said code and substitute the same in place of said repealed chapter two in said code, relating to roads and highways," ap- proved February 28, 1883, and also an act of the legislature of the State of California entitled "An act for the estab- lishment of a uniform system of road government and ad- Acts 1 HIGHWAYS. ministration in the counties of the State of California," approved April 1, 1897, not in conflict herewith are hereby made applicable to the opening, laying out and maintaining of boulevards constructed hereunder and the acquiring of rights of way therefor. Sec. 14. The board of supervisors of the county in which said boulevard district is located shall have sole control of the management and affairs of said boulevard district. ACT 1450. An act to provide for the location and construction of a pub- lic highway from the General Grant Part in Fresno county; thence easterly a distance of about fifty miles to the Kings River canyon; and making an appropria- tion for the construction thereof; and providing for a commission to take charge of, locate and construct said highway, and to repeal an act entitled "An act to ap- propriate money for the survey, location and construc- tion of a free wagon road from the town of Mariposa in Mariposa county to the Yosemite Valley," approved March 26, 1895. [Stats. 1905, p. 797.] ACT 1451. Granting to roads and highways a right of way over the public lands of this state. [Stats. 1865-6, p. 855.] ACT 1452. To appropriate money to purchase certain roads within Yosem- ite grant. [Stats. 1889, p. 142.] The roaJs included In the act were the Big Oak Plat road and the Tosemlte and Wawona road. ACT 1453. To declare a part of the Sonora and Mono wagon road, com- mencing east of Sonora, at a point known as Long Barn, in Tuolumne County, and running thence across the sum- mit of the Sierra Nevada Mountains to Bridgeport, in Mono County, a state highway. [Became a law under con- stitutional provision without governor's approval, March 12, 1901. Stats. 1901, p. 272.] ACT 1454. To provide for locating and surveying a proposed highway from a point on the Trinity River, in Trinity County, near the town of North Fork, thence westerly down said river about forty miles to connect with an existing road in Hum- 453 HIGHWAYS. Acts 1455-1458, § § 1, 2 boldt County, and making an appropriation therefor. [Ap- proved March 26, 1903. Stats. 1903, p. 515.] ACT 1455. Providing for the construction of a free wagon road from Mono Lake basin to the Tioga road. [Stats. 1899, p. 26.] ACT 1456. To provide for the construction of the unfinished part of the free wagon road from Mono Lake basin to connect with a road called the "Tioga Road," at or near the "Tioga Mine," and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 523.] ACT 1457. To provide for the construction of a state highway or wagon road from Sacramento City to Folsom, in Sacramento County, and appropriating crushed rock and granite or stone blocks for drains and culverts for same. [Approved March 29, 1897. Stats. 1897, p. 239.] ACT 1458. An act to provide for the care, management and protection of state highways. [Approved March 24, 1903. Stats. 1903, p. 400.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. If any state highway duly declared, laid out, or erected, is encroached upon by rences, buildings, or otherwise, the highway commissioner of California may require the re- moval of the encroachment. Notice must be given to the oc- cupant or owner of the land or person causing or owning said encroachment, or must be left at his place of residence, if such be known to the commissioner, or in case of a non-resident, then left with his agent, if known, otherwise it must be posted on the encroachment. Said notice must specify the breadth of the state highway, the place and extent of the encroach- ment, and require him to remove the same within five days. Sec. 2. If the encroachment is not removed, or commenced to be removed and diligently prosecuted prior to the expiration of the five days from the service or the posting of the notice, the one who caused, owns or controls the encroachment forfeits ten dollars for each day the same continue unremoved. If the encroachment is such as to effectually obstruct and prevent the Act 1458, §§ 3-5 HIGHWAYS. 464 use of the road for vehicles, the state highway commissioner must forthwith remove the same. Sec. 3. If the encroachment is denied, and the owner, oc- cupant, or person controlling the matter or thing charged as being an encroachment refuses to remove or permit the re- moval thereof, the state highway commissioner must commence in the proper court an action to abate the same as a nuisance. If he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after such notice, and also his costs in his said action. Sec. 4. If the encroachment is not denied, but is not re- moved for five days after the notice given as hereinbefore pro- vided, the state highway commissioner may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, and also ton dol- lars for each day the same remains after said five days' notice, in an aetion for that purpose. Sec. 5. Whoever obstructs or injures any state highway, or diverts any watercourse thereon, or drains water from his land on any highway, to the injury thereof, by means of ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be punished as provided in section live hundred and eight eight of the Penal Code. Any person, persons, or corporations, who shall, by storing or distributing water for any purpose, permit the water to over- flow, or saturate by seepage, any state highway, to the injury thereof, shall, upon notification of the state highway commis- sioner, discontinue and repair the damage occasioned by such overflow or seepage; and should such repair not forthwith be made by such person, persons, or corporations, said state high- way commissioner shall make such repairs and if necessary divert the flow or seepage, and recover the expense thereof from 6uch person, persons, or corporation, in an action by law. All persons excavating irrigation, mining, or draining ditches across the state highways shall be required to bridge such ditches under the direction of the commissioner, at such crossings, and upon neglect to do so, the state highway commissioner shall construct the same and recover the cost of constructing said bridge or bridges of such person by action, as pro- vided in this section; and whoever willfully injures any bridge on a state highway is hereby declared to be guilty ot a misdemeanor, and is also liable for actual damages for such injury; to be recovered by the state in a civil action; provided, further, that every person who knowingly allows the carcass of any dead animal (which animal belongs to 455 HiGfiWAYS. Act 145:1 him at the time of its death; to be put or remain within one hundred feet of any state highway, and every person who puts the carcass of any dead animal within one hun- dred feet of any state highway, or who shall deposit, on any state highway any refuse, or waste tin, sheet iron, broken glass, or other refuse matter, is guilty of a misde- meanor. Sec. 6. Whoever removes or injures any mile-stone, mile-board, or guide-post, or any inscription thereon, erected on any state highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code. ■ Sec. 7. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any state highway to remove such tree or ob- struction forthwith, If it is not so removed, the owner or the occupant is liable to a penalty of one dollar for every day thereafter until it is removed, and the cost of removal at the suit of the commissioner. Sec. 8. Whoever cuts down a tree so that it falls into any state highway must forthwith remove the same, and is liable to a jenalty of ten dollars for every day the same remains in such highway. Sec. 9. Whoever digs up, cuts down, or otherwise mali- ciously injures or destroys any shade or ornamental trees on any state highway, unless the same is deemed an ob- struction by the state highway commissioner, and removed under his direction, forfeits one hundred dollars for each such tree. Sec. 10. All penalties or forfeitures and other recoveries given in this act and not otherwise provided for, must be recovered by the state highway commissioner by suit in the name of the state, and paid into the state treasury, and thereafter - be used for the purpose of costs or ex- penses in future proceedings under this act or for state road purposes. Sec. 11. All acts, or parts of acts, in conflict with the provisions of this act, are hereby repealed. Sec. 12. This act shall take effect and be in force from and after its passage. ACT 1459. To regulate the widths of tires of wagons to be used on the public highwavs of the state of California. [Stats. 1897, p. 177.] Repealed 1900, 22. Acta 1460-1462, §§ 1-3 HIGHWAYS. *S6 ACT 1460. For the establishment of a uniform system of road gov- ernment and administration in the counties of the state of California. | Stats. 1897, p. 374.] Repealed by County Government Act. (Davis v. Whldden, 117 Cal. 618.) ACT 1461. To create a bureau of highways, and prescribe its duties and powers, and to make an appropriation for its expenses. [Stats. 1895, p. 263.] Sup< raeded 1S97, 443. ACT 1462. An act to create a department of highways for the state of California, to define its duties and powers, to provide for the appointment of officers and employees thereof, and to provide for the compensation of said officers and em- ployees, and for the additional expenses of said depart- ment, and to make an appropriation therefor for the re- mainder of the forty-eighth fiscal year. [Approved April 1, 1897. Stats. 1897, 443.] Section 1. A department of and for the state of Califor- nia, to be known as the department of highways, is hereby created, to consist of three chief executive officers, who shall be known as highway commissioners. Said department, its officers and employees, shall have and exercise the powers and duties hereinafter specified, and such as are or may be other- wise provided by law. Sec. 2. Immediately upon the taking effect of this act, the governor, by and with the consent and advice of the senate, shall appoint three persons as highway commissioners. The persons so appointed shall be selected with particular refer- ence to their cpialifications for, and practical knowledge of, highway location, construction, and maintenance. The high way commissioners shall devote their entire time to the ser- vice of the state, and shall not actively engage in any other pursuit while serving as highway commissioners. The commis- sioners shall personally perform all the engineering work of the department; provided, tliut the department may be allowed assistance on the engineering work thereof on receiving the unanimous approval of the state board of examiners. Sec. 3. Each of the highway commissioners shall hole office for the term of two years from and after the date of his qualification, as hereinafter provided for. At the cxpira- 4S7 HIGHWAYS. Act 1462, §§ 4-7 tion of said last-named term two of said three offices shall thereupon cease and determine, and the powers and duties herein specified shall devolve upon one highway commissioner. At least thirty days prior to the expiration of the terms of the highway commissioners provided for above in this section the governor, by and with the advice and consent of the senate, unless it be otherwise provided by law, shall appoint, for a term of four years, and every four years thereafter, one civil engineer as highway commissioner, who shall have the quali- fications specified in section two of this act, and upon him shall devolve all of the duties and powers which shall be con- ferred upon the commissioners first appointed under the pro- visions of this act, and who shall receive like compensation. Whenever a vacancy occurs in the office of highway commis- sioner, it shall be the duty of the governor to fill such vacancy for the unexpired term, which appointment shall be confirmed by the senate at its next session. Sec. 4. Within twenty days after receiving hotlee of ap- pointment, the person or nersons so appointed shall file a bond in the sum of ten thousand dollars ($10,000), with at least two sufficient sureties thereon, for the faithful perform- ance of his duties, which bond must be approved by the gover- nor, and filed with the secretary of state, and qualify by taking the oath of office as prescribed for state officers. Sec. 5. The three chief executive officers hereinbefore pro- vided for shall immediately, upon qualifying, organize by electing one of their number as president and shall adopt a seal for the authentication of its acts, records, and proceed- ings. Sec. 6. The department of highways shall have power to appoint a secretary, and a stenographer, who shall hold office at the pleasure of the department. Such employees shall not be eligible for such appointment unless they possess special qualifications for, and are competent to perform the duties devolving on them; and they shall devote their entire time to the service of the department. Sec. 7. The office of the department of highways shall be in the state eapitol building; and the secretary of state shall assign to the department, for its use, such rooms as may be necessary fcr its accommodation. All of the regular meetings of the department shall be held at such office. The department may, however, hold such special meetings at such places as the duties of the department, or the best interests of the state, may require. Act 1462, §§ 8-10 HIGHWAYS. M Sec. 8. The department of highways shall take posses- sion, in the name of the state, as rapidly as the funds pro- vided therefor will permit, of all roads which have been or may be declared state highways. Sec. 9. The department of highways shall have charge of all expenditures made by the state for highway pur- exeepl as otherwise provided by law; and all s Appropriated for such purpose Shall be made pay- able upon proper order of said department. All claims and accounts which may be incurred by the department of highways shall, however, before payment) be audited by tne board of examiners. Sec. id. The department of highways shall make exam ination into existing highway con. lit ions in the state of California*, and shall, furthe rmo re* , make such investigations within the state, as will put at the service of the state the most approved methods of highway improvement. It shall Supply, on request, without charge, any information rela- tive to highways required by any e, unity or district official having care of and authority ov< r highways within this state. It shall collect and collate data relating to the geo- logical formation of the state in so tar as it relates to ma- terial suitable for highway construction, and make analyses and t.sts of such material as it may deem suitable for highway uses, with the view of determining the value of 'he same for such purposes. All data so collected, together with such other matters of value or interest to the people of the state, shall be published in bulletins, or upon maps or diagrams, or in other proper form, or in the biennial report of tin- department, as it in its discretion shall de- termine. The department shall prepare and adopt styles and forms of books for use by officials, in which to krep account of the expenditure of highway money and. all other records or proceedings relating to highways. It shall prepare such forms as may be necessary for use in con- nection with opening, abandoning, altering, locating, con- structing, maintaining, obtaining title to, or otherwise re- lating to proposed stste highways; and such books and forms, when so adopted, shall he the standard for use in the State. Copies of them shall be forwarded to the various of- ficials who an 1 charged with keeping or using the same, and such officials shall immediately prepare books and forms after the stylo shown oy such standard, and shall thereafter use them exclusively for the purposes for which they are 459 HIGHWAYS. Act 1462, §§ ll-l:: intended. It shall be the duty of the department to adopt such general forms for the surveying of state highways, mapping, and keeping of the notes thereof, and the perma- nent marking of the same on the ground, as it shall deem necessary and shall issue instructions defining such gen- eral forms and markings to the person having charge of the making of such surveys; and it shall thereafter be the duty of such persons to follow ths methods prescribed in such instructions. The department of highways, in per- formance of its duties, shall have the power to call upon any state, county, or district official to furnish it with any information contained in his office which relates to or is in any way necessary to the proper performance of the work of said department; and it is hereby made the duty of such officials to furnish such information without cost. The attorney-general of the state shall be the legal adviser of the department of highways, and said department of highways shall call upon the attorney- general of the state for all such legal advice and services as the discharge of its duties may require. Sec. 11. The department shall prepare biennial reports, which shall be submitted to the governor at least thirty days before each session of the legislature. Said report shall embrace the work and investigations of the depart- ment for the previous two years, together with such recommendations for changes in the law which it may deem advisable, and which the proper and economical maintenance of the highways may demand. Sec. 12. It shall be the duty of the state controller, upon the demand of the department of highways, to trans- fer to it, for its use, all of the property, books, reports, and papers of every description which shall be transferred to him under the provisions of an act entitled "An act to create a bureau of highways, and prescribe its duties and powers, and make an appropriation for its expenses, ' ' approved March twenty-seventh, eighteen hundred and ninety-five. Sec. 13. It shall be the duty of the state printer to print such reports, bulletins, or other matter, and furnish any necessary illustrations or diagrams therefor as the de- partment of highways may deem necessary; all of which shall first be subject to the approval of the state board of examiners. Act 1463 HIGHWAYS. «0 See. 14. The department of highways shall have the power and authority to employ, when in its judgment it is deemed necessary, Buch assistance of a special character as may be necessary and proper, for the discharge of its duties. The department shall also have the power to pur- Sttch supplies, fixtures, and conveniences, as may be i ss.iry in the performance of its work. The commis- sioners of the department of highways, or any employee thereof, shall be allowed their necessary traveling expenses while engaged in the discharge of their duties within the state. All of the expenses mentioned in this section, ex- Oept as otherwise herein provided, shall be paid from the appropriation for the contingent expenses of the depart- ment of highways. The employment and compensation of assistants under the provisions of this section must re- ceive the approval of the state board of examiners. The expense incurred in locating and definitely surveying state highways in a county shall be paid from the funds appor- tion J thereto for state highway purposes. Sec. 15. The commissioners of highways shall each re- ceive the sum of three thousand dollars ($3,000) per an- num; the secretary the sum of fifteen hundred dollars ($1,500) per annum; and the stenographer the sum of twelve hundred dollars ($1,200) per annum. Such salaries shall be paid at the same tin,e and in the same manner as are the salaries of other state officers. Sec. 16. For the purposes of carrying out tLe provisions of this act, the sum of three thousand dollars ($3,000) is hereby appropriated out of any money in the state treasury not otherwise appropriated, to pay the salaries of the officers, and employees and the other expenses of said de- partment for the remainder of the forty-eighth fiscal year. Sec. 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 18. This act shall take effect and be in force from and after its passage. ACT 1463. An act to provide for the protection and preservation of public highways from damage by storm, waters and floods, and to authorize the expenditure of public moneys for the purposes thereof. [Appioved April 1, 1897. Stats. 1897, 404.] 461 HIGHWAYS. Act 1464 Section 1. Whenever it appears to the board of super- visors that any public road, in any road district of the county, is in danger of being damaged by storm waters, or floods, or whenever any public highway has already been damaged by storm waters, or floods, it is hereby made the duty of the Doard of supervisors to adopt such measures as may be necessary to prevent such damage, or to repair the same; and the board of supervisors is hereby author- ized to construct flumes, ditches, or canals, for the purpose of carrying off such storm waters, or floods, to a place of safety, and may condemn the right of way for such flumes, ditches, or canals for such purpose; provided, however, that no more than the sum of one thousand dollars shall be used for such purpose in any one road district of the county in any one year. See. 2. All moneys used for the purposes of this act may be taken from the general road fund of the county. Sec. 3. This act shall take effect and be in force from and after its passage. ACT 1464. An act relating to the granting by counties and municipal- ities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles. [Approved March 27, 1897. Stats. 1897, 191.] Codified by amendment to Civil Code, 1905. See note to § 5l'4, Civil Code. Section 1. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franctiises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city and county, city, or town, for the use of bicycles, tricyles, motor-cycles, and other like horseless vehicles, propelled by the rider, for a term not exceeding fifty years; provided, that in incorporated cities no fran- chise shall be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street, along which said path or road is sought to be constructed, be first had and obtained and filed with such legislative or governing body. Sec. 2. This act shall take effect immediately. Acts 1469-1485 HOGS— HOMESTEADS. 462 HOGS. General acts relating to ho^-s running at large were repealed by the estray law of 1S97, p. 198. For acts relating to particular locali- ties, see particular title. TITLE 201. HOLIDAYS. ACT 1469. An ait authorizing boards of supervisors or other govern- ing bodies of municipalities to declare holidays. [Approval March 2:5, 1901. Stats. 1901, 658.] The people of the state of < 'ali fnrnia, represented in senate and assembly, do enact as follows: Section 1. The hoard of supervisors or other governing body of any county, town, city, or city and county, may de- clare the day on which a primary or other election is held in such municipality to be a holiday therein. TITLE 202. HOLLISTER. ACT 1474. Incorporating. [St. its. 1^73-4, p. 675.] Superseded by Incorporating un'ier statute of 1SS2, In 1901. TITLE 203. HOME OF ADULT BLIND. ACT 1479. Appropriating money for the establishment and manage- ment of the industrial home of mechanical trades for the adult blind. [Stats. 1888, p. 18.] Superseded 1887, 160. chap. CXLVIII. ACT 1480. Establishing an industrial home of mechanical trades for the adult blind, and creating a board of directors for the government thereof. [Stats. 1^7, p. 1G0.J Amended 1SS9. 147. TITLE 204. HOMESTEADS. ACT 1485. In relation to homesteads. [Stats. 1S07-8, 116.] Superseded by Civil Code. sees. 1237-1.69. Cal. Rep. Cit. 46, 266; 47, 80; 71, 508. 463 HOMESTEAD CORPORATIONS— HOMING PIGEONS. Acts 14S6-1497 ACT 1486. Extending the privileges of the homestead law to certain persons. [Stats. 1860, 87.] Cal. Rep. Cit. 102, 497; 102, 500; 119, 372. This act extended the law to unmarried men and women and to widows and widowers. The homestead acts are superseded by Civil Code, sees. 1237 et seq. ACT 1487. Alienating or incumbering. [Stats. 1873-4, p. 582.] Codified by amendments to Civil Code, 1905. See note to S 1269a, Civil Code. Cal. Rep. Cit. 108, 220; 114, 670; 126, 25. This act appears in full in Civil Code, Appendix, p. 718. It pro- vided for the alienation of the homestead in case of the insanity ol either husband or wife. TITLE 205. HOMESTEAD CORPORATIONS. ACT 1492. To authorize formation of homestead corporations. [Stats. 1861, p. 567.] Repealed. See note to act 632, ante. See supplementary act ol 1873-4, 525, which appears in full in Civil Code, Appendix, p. 720. Cal. Rep. Cit. 131, 341. TITLE 206. HOMING PIGEONS. ACT 1497. An act for the protection of the Antwerp messenger, or homing pigeon. [Approved February 26, 1897. Stats. 1897, 37.] Codified by amendments to Penal Code, 1905. See note to § 59Sa, Penal Code. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful _or any person, other than the owner thereof, to shoot, maim, or kill any Ant- werp messenger, or homing pigeon, either in flight or at rest. Sec. 2. It shall be unlawful for any person, other than the owner thereof,, to forcibly entrap or detain any Ant- werp messenger, or homing pigeon. Acta 1502-1510 HOPS-HORTICULTURE. 454 Sec. 3. Any person who shall violate any of the provi- sions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, for every such offense, shall be punished by a fine of not less than ten (10) or more than twenty-five (25) dollars, or by imprisonment in the county jail for a term not exceeding fifty (50) days. Sec. 4. This act shall take effect and be in force from and after its passage. TITLE 207. HOPS. ACT 1502. An act fixing rate of tare on baled hops. [Approved March 31, 1891. Stats. 1891, p. 452.] Section 1. There shall be allowed on baled hops a tare at the rate of two per centum of the weight of the bale for the cloth and other material used in baling; that is, the tare shall be at the rate of two pounds per hundred on the weight of the bale. Sec. 2. This act shall take effect and be in force from and after its passage. TITLE 208. HORNTTOS. ACT 1507. Incorporating town of. [Stats. 1869-70; p. 471.] TITLE 209. HORTICULTURE. See Agriculture; Forestry; Viticulture. ACT 1510. An act to provide for the proper naming of trees, seeds, plants, and vines, sold, offered, or exposed for sale in this state and providing a penalty for the violation of this act. [Approved March 3, 1905. Stats. 1905, p. 44.] Section 1. All trees, seeds, plants and vines, sold, offered or exposed for sale in the State of California shall be prop- I 464a HORTICULTURE. Act 1611 erly named as to variety and kind, and any person know- ingly selling, trading, or exchanging, or offering or expos- ing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars, nor more than three hundred dollars. ACT 1511. An act to provide for an investigation of the nature of the diseases known as pear blight and walnut blight and to prevent, eradicate, and procure a cure for the same and to cause to be prosecuted experimental and re- search work in the field of viticulture, directing pub lication of the results of such experiments and inves- tigations, making an appropriation therefor and pre- scribing the duties of the controller and treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 124.] Section 1. The regents and the president of the Univer- sity of California are hereby elirecteel to cause to be prose- cuted with all possible diligence, in connection with anel in addition to the work heretofore carried on by the agricul- tural experiment station, experimental and research work in the field of viticulture, including both cultural and in- dustrial processes. They are directed to ascertain the adap- tation of the various kinds of vines to the several climatic and soil conditions of the state, with the special reference to those stocks for propagating purposes, resistant to the phylloxera, and to further their adaptability and utility as grafting stocks for producing wine, raisin and table grapes. They are directed to ascertain the best methods of grafting anel propagating saiel stocks and vines together with the most important methods of vinifieation anel prepa- ration, manufacture and application of yeasts in vinifi- eation and distillation. They are further elirecteel to re- port upon the utilization of the by-products of the vineyard and winery, the study and treatment of the vine diseases, and all matters appertaining to the viticultural industry pertinent to the successful conduct of the business and that may be of general public interest, use and profit. They are further directed to publish the result of said experiments and investigations in form of bulletins from time to time, as maj' seem advisable and not less than two bulletins show- Acts 1312, 1313 HORTICULTURE. 464b ing the progress and result of the work, 6hall be issued in any fiscal year. And they are further directed to inaugurate an investi- gation of the cause, nature, and means of suppression or prevention, of the so-called pear blight, a destructive, in- fectious disease of pear and apple trees. For such inves- tigation, said director shall obtain and establish such as- sistants, equipment, materials, appliances, apparatus and other incidentals as may be necessary to the successful prosecution of the work, within the appropriation specified. And they are further directed to secure a remedy for the so-called walnut blight. The said regents are hereby au- thorized to employ an expert and if necessary, to send him abroad to ascertain the cause of this blight and in an en- deavor to secure a remedy therefor. Sec. 2. There is hereby appropriated for the use of said experiment station, for the purposes set forth in this act, the sum of twenty thousand dollars ($20,000). Sec. 3. All money appropriated under this act shall be paid to the regents of the University of California, and expended under the direction of the director of the agricul- tural experiment station of said university for the specific purposes herein named. ACT 1512. To create and establish a state board of horticulture, and appropriate monev for the expenses thereof. [Ap- proved March 13," 1883; 1883, 289.] Amended 1S85, 4; 1S>S9, 8, S9. Repealed 1903, 524. ACT 1513. An act to create a state commission of horticulture, to provide for a state commissioner of horticulture, and prescribe his powers, duties and compensation, and to provide methods, means and penalties for the en forcement of such powers and duties, and appropriat- ing money for the use and support and to pay the ex- penses thereof, and to repeal chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty-six of the laws of eighteen hundred and •rfS HORTICULTURE. Act 1513, J 1 eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one. [Approved March 25, 1903. Stats. 1903, 524.] Amended 1905, 496. The people of the state of California, represented in senate, and assembly, do, enact as follows: Section 1. The office of state commissioner of horti- culture of California is hereby created. It shall be the duty of the governor, within forty days after the passage of this act, to appoint a citizen and resident of this state to hold said office of state commissioner of horticulture, who must at the date of his appointment be a skilled horticulturist and entomologist. The term of office shall be for four years, and until a successor is appointed and qualified. The governor may remove such commissioner from office at any time, upon filing with the secretary of state a cer- tificate of removal signed by the governor. In case of a vacaney in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unexpired term. The salary of said commis- sioner shall be two hundred and fifty dollars per month, and he shall be allowed in addition a sum not to exceed five hundred dollars yearly for traveling and incidental ex- penses necessary in the discharge of his duties herein provided for. Such commissioner may appoint a secre- tary, who shall be versed in horticulture and entomology, and who shall be an experienced compiler of reports, bulletins, and such publications as may issue from said commission from time to time, and who shall perform all such duties as may be required of him by such commis- sioner. Such secretary of the horticultural commissioner shall receive a salary of twenty-one hundred dollars per annum. In appointing such commissioner and his suc- cessor or successors, it shall be the duty of the governor to disregard political affiliations, and be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. The office of said commissioner shall be kept open every day except holidays, and shall be in charge of the secretary during the absence of such commissioner. The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside in the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall Gen. Laws— 30 Act 1513, § 2 HORTICULTURE. «ti make and file an affidavit with the said commissioner stat- ing that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol, or in any state building under his control, because tin re is no such office room or rooms available, then, and after the making and delivery of such affidavit to Such commissioner, the said commissioner may rent rooms convenient and suitable for his offices under this act, at a rental not to exceed five hundred dollars per year. Said commissioner may also keep and maintain an office in the city and county of San Francisco at a yearly rental not to exceed the sum of five hundred dollars, and may appoint a deputy commissioner who shall be an expert entomolo- gist and horticulturist, to have charge of said office under said commissioner, and to perform any and all duties which said commissioner may require of him under this act, and shall fix the monthly compensation of such deputy at $200 per month. Such deputy shall hold his position during the pleasure of such commissioner, and may be removed from his office or position at any time by said commissioner filing with the secretary of state a certi- ficate signed by said commissioner so removing such deputy. Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required for quarantine purposes under this act, and such temporary deputies shall re- .( ive Buch compensation per diem as may be specified in the writing so approving such appointment. If there bo not sufficient furniture and office appliances turned over to such commissioner by the state board of horticulture heretofore existing, to furnish and equip properly the office or offices for such commissioner at Sacramento and San I'rancisco aforesaid, the said commissioner may, by and with the approval of the governor, purchase for the use of his said office or officers such furniture and appliances as may be necessary therefor, and from time to time, at an expense not to exceed a sum to be mentioned in such ap- proval, which expense, together with all other expenses authorized by this act, is hereby allowed for the purposes specified. (Am'd. 1905, 497.) Sec. 2. Upon taking office under this act such commis eioner shall be entitled to receive and have turned over to him as such commissioner all the books, records, and property in the possession, charge, custody or control of the state board of horticulture heretofore existing, and all Mich property shall be delivered to such commissioner 467 HORTICULTURE. Act 1513, § § 3, l upon demand. Such commissioner shall be deemed for such purposes the successor of said board. Sec. 3. Such commissioner shall collect books, pam- phlets and periodicals and other documents containing in- formation relating to horticulture, and shall preserve the same'; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural so- cieties, colleges and schools, and with the county boards of horticulture existing or that may exist in this state, and with all other persons necessary to secure the best re- sults to horticulture in this state. He shall require reports from county boards of horticulture in this state, and may print the same or any part thereof as he may select, either- in the form of bulletins or in his annual report, or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county boards of horticulture in this state, and to all other persons whom he may deem proper, bulletins or statements containing all the informa- tion best adapted to promote the interest and protect the business and devolepment of horticulture in this state. Such commissioner shall be deemed to be the state hor- ticultural quarantine officer mentioned in chapter seventy- six of the laws of eighteen hundred and ninety-nine, for the purposes of that act, and shall be empowered to per- form the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that any inspection therein authorized, when made by such commissioner, must be with the approval of the governor, and as provided by this act. Sec. 4. Said commissioner may, by and with the ap- proval of the governor, establish, maintain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cut- tings, grafts, cions, buds, fruit-pits, fruit, vegetables, or other articles of horticulture, against contagion or infec- tion by injurious disease, insects or pests, by establishing such quarantine at the boundaries of this state or else where within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infected stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable, or other article of horticul- ture, from passing over any quarantine line established an 1 proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected Act 1U3, §§ 5, 6 HORTICULTURE. m by such commissioner or by a deputy appointed in writ- ing by said commissioner with the approval of the govern- or, and he or the deputy so conducting such inspection shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his . name by such a deputy who has made such inspection, unless such article has been immediately prior to such passage inspected by an officer or agent of the United States en- titled to inspect the same, and such officer or agent has granted permission for such passage. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect. Sec. 5. Upon information received by such commis- sioner of the existence of any infectious disease, insect or pest, dangerous to any such article, or to the interest of horticulture within this state, or that there is a proba- bility of the introduction of any such infectious disease, insect or pest into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same, and may, by and with the approval of the governor, establish, maintain and enforce quarantine as hereinbefore provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such infectious diseases, insects or pests, and prevent the extension thereof, and is hereby authorized to enter upon any grounds or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable, or other article of horticulture, or implement thereof, or box or package pertaining thereto, or connected therewith, or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to prop- erty or business, all acts and things necessary to carry out the provisions of this act. Sec. 6. Upon the discovery of any such infectious dis- ease, insec.ts or pests, such commissioner shall immediately report the same to all county boards of horticulture, to- gether with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same, and shall state therein specifically what treat- ment or method should be applied in each case, as the matter may require, with a detailed statement or pre- 4C0 HORTICULTURE. Act 1513. §§ 7. S scription as to the method of making or procuring, and of applying any preparation or treatment so recommended- therefor, and the times and duration for such treatment, and if chemicals or articles be required other than those usually obtainable at any town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any county board of horticulture, or any member thereof, it shall be the duty of such county board of horticulture to distribute such statement in printed form to every person owning or having charge or posses- sion of any orchard, nursery stock, tree, shrub, or article of horticulture within their county, where it is supposed by said county board there is any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners, or person or persons, in possession of any orchard, nursery, tree, shrub, or article of horticulture, referred to, provided for, and required to be served in and by section two of chapter one hundred and eighty-three of the laws uf eight- een hundred and ninety-seven, or any amendments which have been or may be made thereto. Sec. 7. Whenever it shall become necessary to establish quarantine under this act, if there be any authorities or officers of the United States having authority to act in such matter, or any part thereof, the said state commis- sioner of horticulture shall notify such authority or officers of the United States, and co-operate as far as possible with such authorities or officers of the United States whereso- ever the jurisdiction of the United States extends and is being exercised, and shall obtain, whenever desirable and possible, the assent of the proper authority or officers of the United States to the establishment or change of quar- antine lines, so as to most effectively and speedily accom- plish the purposes of this act. The said commissioner shall at once notify the governor of all quarantine Lines established under or pursuant to this act, and if the gov- ernor approve or shall have approved of the same or any portion thereof, the governor shall issue his proclamation proclaiming the boundaries of such quarantine, and the nature thereof, and the orders, rules or regulations pre- scribed for the maintenance and enforcement of the same, and shall publish such proclamation in such manner as he may deem expedient to give proper notice thereof. Sec. 8. The said state commissioner shall be ex-officio a member of all county boards of horticulture existing or that may be created or exist in ihis state pursuant to law, Act 1513. §§ 9-12 HORTICULTURE. 470 whenever he is present and acting with said county board -within the county where such county board exists, but win n he is no' nt in such a county, acting with such county board, then the said county board shall have all the pow< r and authority conferred on it by law, and may exercise such power by the action of the members of such county board or a majority thereof. The reports which county boards of horticulture arc required by law to make, or which they may desire to make, shall, after the passage of this act, be made to the state commissioner of horticulture. Sec. ft. M shall 1'" the duty of the superintendent of state printing to print and deliver to the state commis- sioner of horticulture, upon the written request of said commissioner, all sueh bulletins, orders, rules, regulations, statements, reports, ami other {Tinted matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this act, and it shall be the duty of tin secretary of state to cause to be prepared and furnished to such state commissioner all stationery, paper, blank forms, envelopes, and writing material need- ful and convenient for use in the office of such commis- sioner. Bee. 10. It shall lie the duty of said state commissioner t<> report in the month of January in each even-numbered year to the governor, and in each odd-numbered year to (he legislature of this state, such matters as he may deem expedii nt or as may he required either by the governor ur legislature, and to include a statement of all the per- sons employed, and of moneys expended under this act, by itemizi d statement tin ri of. See. U. Any person willfully refusing to comply with orders lawfully made under ami pursuant to this act shall he guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hun.ln <1 dollars. Bee. 12. All moneys paid under this act shall be paid by the state treasurer from moneys appropriated for the support oi' the state commissioner of horticulture, and ex- other than the salary of the commissioner, the com- pensation of his clerk and deputy commissioner, as allowed and provided bj this act, must be certified by the said commissioner and be approved by the state board of ex- aminers before being audited or paid. Any moneys re- 471 HORTICULTURE. Acts 1514, 1516, 5 \ maining of any appropriation heretofore made or that may be appropriated for the use or support of the state board of horticulture are hereby appropriated to the support of the state commission of horticulture, and are directed to be applied to the payment of claims and expenses under this act. Sec. 13. The sum of four thousand dollars is hereby appropriated for the use and support and to pay the ex- penses of the state commission of horticulture for the fiscal years commencing July first, nineteen hundred and three, and July first, nineteen hundred and four, under this act. Sec. 14. Chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty-six of the laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one, are hereby repealed. Sec. 15. This act shall take effect immediately. ACT 1514. To protect and promote the horticultural interests of the state. [Stats. 1881, p. 86.] Amended 1889. 413; 1891, 268. Repealed 1897, 244. Cal. Rep. Cit. 133, 325. ACT 1515. An act to promote the horticultural interests of the state by providing county boards of horticulture, and re- pealing the act entitled ' ' An act to protect and pro- mote the horticultural interests of the state," approved March 14, 1S81, and certain acts amendatory thereof, approved March 19, 1889, and March 31, 1891. [Approved March 31, 1897. Stats. 1897, p. 244.] Amended 1905, 297. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever a petition is presented to the board of supervisors of any county, and signed by twenty-five or more persons, each of whom is a resident freeholder and possessor of an orchard, stating that certain or all or- chards, or nurseries, Oi trees of any variety are infested with scale insects of any kind, injurious to fruit, fruit- trees, and vines, codlin moth, or other insects that are Act 1515, § 2 HORTICULTURE. 47:' destructive to trees, and praying that a commission be ap- pointed by them, whose duty it shall be to supervise the destruction of said scale insects, as herein provided, the board of supervisors shall, within twenty days thereafter, appoint a board of horticultural commissioners, consisting of three members, who shall be qualified for the duties of horticultural commissioner. Upon the petition of twenty- five resident freeholders and possessors of an orchard, the board of supi rvisors may remove any of said commissioners for cause, after a hearing of the petition. Sec. 2. It shall be the duty of the county board of hor- ticultural commissioners in each county, whenever it shall deem it necessary, to cause an inspection to be made of any orchards, or nursery, or trees, plants, vegetables, vims, or fruits, or any fruit packing-house, storeroom, salesroom, or any other place or articles in their jurisdiction, and if found infested with scale insects, or codlin moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with their eggs, or larvae, they shall notify the owner or owni is, or person or persons in charge, or in possession of tbe said places or orchards, or nurseries, or trees, or plants, vegetables, vims, or fruit, or article as aforesaid that the same are infested with said insects, or other pests, or any of them, or their eggs or larvae, and they shall require such person or persons, to eradicate or destroy the saitl insects, or other pests, or their eggs or larvae within a certain time to be specified. Said notices may be served upon the person or persons, or either of them owning or having charge, or having possession of such infested place, or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or articles, as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be S( rved in the same manner as a summons in a civil action. Any and all BUCh places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, are hereby adjudged and declared to lie a public nuisance; and whenever any such nuisance shall exist at any place within their juris- diction, or on the property of any non-resident, or on any property the owner or owners of which cannot be found by the county board of horticultural commissioners, after diligent search, within the county, or on the property of any owner or owners upon which notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time specified, it shall be the duty of 473 HORTICULTURE. Act 1515, § § 3, 4 the county board of horticultural commissioners to cause said nuisance to be at once abated, by eradicating or de- stroying said insects, or other pests, or their eggs, or larvae. The expense thereof shall be a county charge, and the board of supervisors shall allow and pay the same out of the general fund of the county. Any and all sum or sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated, in pursuance of this act, and may be recov- ered by an action against such property and premises. A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the said property and premises are situated, within thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold enough of the proceeds shall be paid into the county treasury of such county to satisfy the lien and costs; and the overplus, if any there be, shall be paid to the owner of the property if he be known, and if not, into the court for his use when ascertained. The county board of horticultural commissioners is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary* manner. Sec. 3. Said county boards of horticultural commission- ers shall have power to divide the county into districts, and to appoint a local inspector, to hold office at the pleas- ure of the commissioners, for each of said districts. The state board of horticulture may issue commissions as quar- antine guardians to the members of said county board of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural commission- ers, shall have full authority to enter into any orchard, nurs- ery, place or places where trees or plants are kept and offered for sale or otherwise, or any house, store-room, sales- room, depot, or any other such place in their jurisdiction to inspect the same, or any part thereof. See. 4. It shall be the duty of said county board of hor- ticultural commissioners to keep a record of their official doings, and to make a report to the state board of horticul- ture, on or before the first day of October of each year, of Acts 1516, 161T HORTICULTURE. 474 the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also as to dis- infecting, and as to quarantine against insect pests and dis- eases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board may publish said re- ports in bulletin form, or may incorporate so much of the same in their annual reports as may be of general interest. Sec. 5. The salary of all inspectors working under the county board of horticultural commissioners shall be two dollars and fifty cents ($2.50) per day. In the case of the commissioners themselves, their compensation shall be four dollars per day, when actually engaged in the performance of their duties, and itemized necessary traveling expenses in- curred in the discharge of their regular duties as prescribed in this act. Sec. 6. It shall be the duty of the county board of hor- ticultural commissioners to keep a record of their official doings and make a monthly report to the board of super- visors; and the board of supervisors may withhold warrants for salaries of said members and inspectors thereof until such time as said report is made. Sec. 7. An act entitled "An act to protect and promote the horticultural interests of the state," approved March fourteenth, eighteen hundred and eighty-one, and el rtain acts amendatory thereof, approved March nineteenth, eighteen hundred and eighty-nine, and March thirty-first, eighteen hundred and ninety-one, are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. ACT 1516. To prevent the spreading of fruit and fruit-tree pests and" diseases, and to provide for their extirpation. [Ap- proved March 9, 1885. Stats. 1885, 40.] Superseded 1809, 91. ACT 1517. For the protection of horticulture, and to prevent the intro- duction into this state of insects, or diseases or animals injurious to fruit or fruit-trees, vines, bushes, or vegeta- bles, and to provide for a quarantine for the enforcement of this act. L Stats - 1899 > P- 91 -] Amended 1903, 32. 4 75 HOSPITALS. Acts 1522 > 1528 TITLE 210. HOSPITALS. ACT 1522. Conferring power upon the governing body of municipal cor- porations of the first class to provide for the erection of a municipal hosoital, and to levy a tax therefor. [Ap- proved February^, 1897. Stats. 1897, p. 9.] ACT 1523. An act to provide for the licensing and inspecting of ma- ternity hospitals, lying-in asylums and homes for chil- dren; defining the duties of persons conducting the same; and the duties and powers of the county boards of health or county health officers and other health officers in relation thereto, and providing a penalty for the violation of its provisions. [Approved March 20, 1903. Stats. 1903, p. 317.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person who, without first having obtained a license in writing so to do from the county board of health or county health officers, as hereinafter provided, manages, conducts, establishes or maintains within any county or city and county in this state any maternity hospital or lying in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or manages, conducts, establishes or maintains within any county or city and county in this state any institution, boarding-house, home or other place for the reception or care of children, or keeps, at any such place, any child under the age of twelve years, not his relative, apprentice, or ward, without legal commit- Iment; or neglects, refuses or omits to comply with the pro- visions of this act, or who violates the provisions of such act, is guilty of a misdemeanor. Sec. 2. For such places within the limits of their respective territorial jurisdictions, the county board of health in all counties or city and county governments, having a county board of health, and in all other counties or city and county governments, the county health officer shall have power to issue licenses, and every such license must specify the name and residence of the person so undertaking the care of such females or children; and the location within the county or city and county of the place where the same are kept and the number of females or children thereby allowed to be received, Act 1528 HOTELS. 47« boarded or kept therein, and shall be revocable for cause by the said county board of health or county health officer, as the ease may be, in any case where the provisions of this act are violated, or ii. where, in the opinion of such county board of health or such county health officer, such hospital, asylum, institution, home, boarding house or other place is being managed, conducted or maintained without proper re- gard for the health, comfort or morality of the inmates there- of, or without due regard or proper sanitation or hygiene. Sec. 3. Every person so licensed must keep a register, wherein he shall enter the names and addresses of all such females, the names and ages of all such children, and of all children born on the premises, and the names and residences of their parents, so far as is known, and the time of the re- ception and discharge of such children and the reasons there- for, and also the name and age of every child who is given out, adopted, taken away, or indentured from such place, to or by any person, together with the name and residence of the person so adopting, taking away or indenturing such child; and within forty eight hours alter such child is so given out, taken away or indentured, shall cause a correct copy of the register relating to such child to be sent to the county board of health or county health officer, as the case may be. Sec. 4. It shall be lawful for the officers and representa- tives of such county board of health, or for such county health ofiicers and their repn -. and for all health officers, at all reasonable times, to enter and inspect the premises wherein such females and children are so boarded, received or kept, and to call for and inspect the license and the register and to also to see and visit such children and females. TITLE 211. HOTELS. ACT 1528. An act to regulate the use of illuminating gas. [Approved March 20, 1903. Stats. 1903, 289.] The people of the state of California, represented in senate and assembly, do enact as foil Section 1. livery hotel keeper, lodging-house keeper, and inn-keeper, or keeper of any place where rooms are le lodgers in which, or any of which such places illuminating ♦77 HOURS OF LABOR. Acts 1832-153$ gas is used, who shall turn off, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persons shall have connected every exit orifice upon the gas fixtures used in such place or places with a practical and safe automatic gas igniter. Sec. 2. This act shall take effect and be in force imme- diately from and after its passage. TITLE 212. HOURS OF LABOR. Of minors, see title Infancy, post. ACT 1533. To limit the hours of labor. [Stats. 1S67-8, 63.] Superseded by Political Code, sees. 3244, 3245, and Penal Code, sec. 661. ACT 1534. Limiting the hours of daily services of laborers, work- men, and mechanics employed upon the public works of or work done for the state of California, or any political subdivision thereof, providing for the inser- tion of certain stipulations in contracts for public works, imposing penalties for violations of the pro- visions of this act, and providing for the enforcement thereof. [Stats. 1899, 149.] Cal. Rep. Clt. 142, 104. Superseded by the following act: ACT 1535. An act limiting the Lours of daily service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or any political subdivision thereof; providing for the insertion of certain stipulations in contracts for public works; imposing penalties for violations of the provis- ions of this act, and providing for enforcement thereof. [Approved March 23, 1901. Stats. 1901, 561.] Act 1535, §§ 1, 2 HOURS OP LABOR. 47Si The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of service of all laborers, work- men, and mechanics employed upon any public works of, or work done for, the state of California, or for any political subdivision thereof, whether said work is done by contract or otherwise, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the state, or of any political subdivision thereof, or for any person, corporation, or association acting in behalf thereof, whose duty it shall be to employ, or to direct and control the services of such said laborers, work- men, or mechanics upon any of the above said public works, or who have, in fact, the employment, or the direction and control of the services of such said laborers, workmen, or mechanics upon any of said works, to require or permit them, or any of them, to labor thereupon more than eight hours in any one calendar day, except in cases of extraor- dinary emergency caused by fire, flood, or danger to life, property, or except to work upon public, military, or naval works or defenses in time of war. Sec. 2. In every case in which a contract is made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which involves the em- ployment of laborers, workmen, or mechanics to do work to be done upon the public works of, or work to be done for the said state, or for the said political subdivision thereof, under the terms of said contract, the ofiiecr, board, commission, or other agent or agency of the said state, or of the said political subdivision, acting for or on be- half of said state, or of said political subdivision, as the case may be, in making and awarding the said contract, shall cause to be inserted therein, and to be agreed to by every person, firm, or corporation to whom said contract or any interest therein is awarded, as a condition u which such award is made and accepted, a stipulation, namely: That no laborer, workman, or mechanic employ* 'I at any time by the said contractor or contractors, or by any subcontractor or subcontractors under him or under them, upon the work, or upon any part of the work contemplated by the said contract, shall be requind or permitted to work thereupon more than eight hours in any one calendar day. except in cases of extraordinary emer- gency caused by fire, flood, or danger to lrfe or propi or except to work upon public, military, or naval works or 479 HOURS OP LABOR. Act 1533, § 3 defenses in time of war; that the said contractor or con- tractors thereby agrees or agree to forfeit, out of any moneys becoming due to him or to them from the state, or from the political subdivision thereof, as the case may be, under the terms of the said contract, the sum of ten dollars for each laborer, workman, or mechanic, for each and every calendar day upon which he shall labor more than eight hours in violation of the terms of the said stipulation, and that the state, or the political subdivision thereof, as the case may be, is thereby authorized and di- rected to, through its proper representatives, withhold from the said contractor, or from the said contractors, as the property of the state, or of the political subdivision thereof, as the case may be, all sums forfeited as described under the terms of the said stipulation. It shall be the duty of the officer, board, commission, or other agent or agency of the said state, or of the said political subdivision thereof, as the case may be, acting for or on behalf of said state, or of said political subdivision, in making and award- ing any contract such as is described in this section, to take cognizance of all violation of the herein provided for stipulation in said contract, and to report the same to the officer, or other person, representing the said state, or political subdivision thereof, whose duty it shall be to pay the moneys due under such contract, and it shall be the duty of such officer, or other person, when making payment of moneys thus due, to withhold and retain, in accordance with the provisions of this section, all sums which may have been forfeited under the provisions of the herein provided for stipulation. Nothing in this act shall be con- strued to authorize the collection of a forfeiture as de- scribed herein, from the state, or from any political sub- division thereof. Any contract such as described in this section, made for or on behalf of the state of California, or for or on behalf of any political subdivision thereof, which does not contain the stipulation herein described, shall be null and void, and no recovery shall be had there- upon. Sec. 3. Any officer of the state of California, or any political subdivision thereof, or any person acting for or on behalf thereof, who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discre- tion of the court, the fine not to exceed five hundrod dol- lars, nor the imprisonment one year. Act 1536, §§ 1, 2 HOURS OF LABOR. Sec. 4. All acts and parts of acts inconsistent with 1 his act, in so far as they are inconsistent, are hereby re- pealed. Bee. 5. This act shall take effect and be in force from and after its passage. This act was probably superseded in part, if not entirely, by the following act: ACT 1536. An act limiting the hours of service of laborers, workmen, and mechanics employed upon the public works of, or work done for, the state of California, or of, or for any political subdivision thereof; imposing penalties for violation of the provisions of said act, and providing for the enforcement thereof. [Approved March 10, 1903. Stats. 1903, p. 119.] Codified by amendment of Penal Code, 1905. See note to § 6.W. Penal Code. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The time of servii f any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdi- vision thereof, is hereby limited and restricted to eigr.l hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works afore- said, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary run r- grncy, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war. Sec. 2. Any officer or agent of the state of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, sh.-ill cause to be inserted therein a stipulation which shall pro- 481 HOUSE OP CORRECTION. Act 154') vide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political sub- division in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cogni- zance of all violations of the provisions of said act com- mitted in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Sec. 3. Any officer, agent, or representative of the state of California, or of any political subdivision thereof, who shall violate any of the provisions of this act, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court. Sec. 4. All acts or parts of acts inconsistent with the pro- visions of this act are hereby repealed. Sec. 5. This act shall take effect and be in force from and after the date of its passage. TITLE 213. HOUSE OF CORRECTION. ACT 1540. To provide for commitments to the house of correction [Stats. 1S85,, p. 34.] Superseded 1S89, 111, chap. CVI1I; 1SS9, 100, chap. C1I1. Cal. Rep. Clt. 87, 83. Gen. Laws— 31 Acts 1545-i;39 HOUSE OF PROSTITUTION— HUMBOLDT COUNTY. 4S2 TITLE 214. HOUSES OF PROSTITUTION. ACT 1545. To suppress houses of ill-fame. [Stats. 1855, p. 76.] Superseded by Penal Code, sees. 315, 316. TITLE 215. IIUMBOLDT BAY. ACT 1550. To prevent persons from obstructing the channels of Humboldt Bay and Harbor. [Stats. 1853, p. 192.] Superseded by Political Code, sees. 2567-2572, relating to harbor commissioners of Kureka. ACT 1551. To grant to the United States certain tide lands belonging to tin state of California for the purpose of improving the harbor of Humboldt Bay. [Approved March 9, 1887. Stats. 1887, p. 59.] ACT 1552. To grant to the United States certain tide-lands belonging to the state of California, for the purpose of improving the harbor of Humboldt Bay. [Approved March 15, 1889. Stats. 1889, p. 201.] ACT 1553. Authorizing the governor and attorney-general to purchase for the state certain lands in Humboldt Bay. [Stats. 1899, p. 1G6.] TITLE 216. HUMBOLDT COUNTY. ACT 1558. Clerk of, compensation of. [Stats. 1875-6, p. 81.] Repealed by County Government Act, 1897, 518, sec: 168. ACT 1559. District attorney of, salary of. [Stats. 1875-6, p. 34.] Superseded by County Government Act, 1897. 518, sec. 168. 4S3 HUMBOLDT COUNTY. Acts 1560-15K9 ACT 1560. Dependent poor and indigent sick of, relief and maintenance of. [Stats. 1875-6, p. 41.] Supplemented 1875-6, 4SS. Superseded by County Government Act, 1897, 452. ACT 1561. To provide an additional judge for. [Stats. 1895, p. 27.] ACT 1562. Jurors in courts of justice of the peace in. [Stats. 1873-4, p. 229.] As to jurors' fees, repealed 1895, 273. ACT 1563. Providing for the scaling of logs in. [Stats. 1877-8, p. 779.] ACT 1564. Additional notaries public. [Stats. 1871-2, p. 159.] Superseded by Political Code, sec. 791. This act provided for the appointment of three additional notaries. ACT 1565. Fixing compensation of certain officers of. [Stats. 1873-4, . p. 109.] Repealed by County Government Act, 1897, 518, sec. 168. ACT 1566. Concerning roads of [Stats. 1871-2, p. 105.] Amen-ded 1873-4, 103. Modified, if not superseded, by County Gov- ernment Act, 1897, 452, and by sec. 2, Stats. 1883, p. 5, chap. X. ACT 1567. Roads in. [Stats. 1875-6, p. 477.] Repealed 1883, 5, chap. X, sec. 2. ACT 1568. Sheriff, concerning office of. [Stats. 1871-2, p. 797.] Repealed by County Government Act, 1897, 518, sec. IBS. This act allowed the sheriff compensation for his services as jailer. ACT 1569. Supervisors, fixing number of. [Stats. 1875-6, p. 333.] Repealed by the County Government Act, 1897, 452. Act 1370-1582 HUNTING ON PRIVATE GROUNDS. 484 ACT 1570. To provide for the disposal of lots in the towns and villages on the public lands in the county of Humboldt. [Stats. 1855, p. 168.] This act was passed to carry out the provisions of the federal statutes for the benefit of the occupants of such towns. ACT 1571. Fixing compensation of treasurer and assessor. [Stats. 1871-2, p. 169.] Superseded and In effect repealed by County Government Act, 1897, 518, sec. 168, as amended 1901, 721. ACT 1572. To declare certain streams and sloughs in ITumboldt County navigable. [Stats. 1860, p. 159.] Incorporated In Political Code, sec. 2349. TITLE 217. HUNTING ON PRIVATE GROUNDS. ACT 1577. To prevent hunting and shooting on private inclosed grounds, and the destruction of growing timber on private grounds in certain counties in this state. [Stats. 1871-2, p. 304.] This act applied to Alameda, San Mateo, Marin, San Bernardino, San Diego, Colusa, Sacramento, Sonoma, Nevada, Humboldt,' Los An- geles, Santa Barbara, Contra Costa, and San Luis Obispo counties. It was amended in 1873-4, 792, so as to make It apply to Alameda, San Mateo, Marin, San Bernardino, San Diego, Colusa, Sacramento, So- noma, Nevada, Humboldt, Los Angeles, Santa Barbara, Contra Costa, San Luis Obispo, and Mendocino counties. TITLE 218. HUSBAND AND WIFE. ACT 1582. Defining the rights of husband and wife. [Stats. 1850, p. 254.] Amended 1853, 165; 1857, 199; 1858, 22; 1861, 310; 1862, 518; 18KJ- 4, 363. Superseded by provisions of Civil Code. Cal Rep Cit 5, 256; 7, 270; 7. 272; 7, 273; 47, 37; 49, 190; 50, 106; 87*. 647;' 97, 192; 98, 468; 106, 613; 106, 614; 121, 133; 121, 135. 48S IMMIGRATION— INDE3L Acts 1587-li'JSJ TITLE 219. IMMIGRATION. ACT 1587. Concerning passengers arriving in the ports of the state of California. [Stats. 1852, p. 78.] Amended 1853, 71; I860, 32, 58; 1862, 486; 1863, 150. Cal. Rep. Cit. 42, 581. This act prescribed the duties of masters of vessels in relation to passengers arriving. It was superseded by Political Code, sees. 2949- 2969. ACT 1588. To discourage the immigration to this state of persons who cannot become citizens. [Stats. 1855, p. 194.] This act imposed a fine of fifty dollars on every immigrant incom- petent to become a citizen. It was declared unconstitutional in People v. Downer, 7 Cal. 169. TITLE 220. INCLOSURES. ACT 1593. Preventing persons passing through inclosures and leaving them open by tearing down fences or otherwise, and to prevent hunting upon inclosed lands. [Stats. 1875-6, p. 408.] Many of the sections of this act were codified by amendments to the Penal Cade, 1905. See notes to §§ 384b, 3S4c, 602, Penal Code. This act also punished the offenses of wounding the animals of another and of leaving flies. It provided that certain of its provisions should not apply to the counties of Los Angeles, San Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Tuba, Humboldt, Amador, Tuolumne, San- Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, and Placer. It was amended 1877-8, 49, 776, so as co exempt from certain of its provisions the counties of Los Angeles. San Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra, Placer, San Benito, and Santa Cruz. TITLE 221. INDEX. ACT 1598. Authorizing the superintendent of state printing to have pre- pared and printed an index to all the laws of California 1850-1893. [Stats. 1893, p. 150.] Acta 1603-1611 INDIANS— INFANTS. 4Sii TITLE 222. INDIANS. ACT 1603. For the government and protection of Indians. [Stats. 1850, p. 408.] Amended 18T.5, 1.79; 1SG0. 1%. L863, 743. 755. Some provisions of this act were repealed by later Inconsistent statutes. (People v. Antonio, 27 86.] This act prohibited the exhibition of female children under seven- teen in any public place. Superseded by Penal Code. ACT 1616. For the protection of children, and to prevent and punish cer- tain wrongs to children. [Stats. 1877-8, p. 812.] Codified by amendments to both the Civil and Penal Codes, 1905. See notes to § 607, Civil Code, and § 272, Penal Code. This act prevented minors under sixteen from entering saloons and prevented anyone from using children for purposes of beggary. It appears in full in the Appendix to the Penal Code, p. 617. ACT 1617. Relating to children. [Stats. 1877-8, p. 813.] Codified by amendments to both the Civil and Penal Codes, 190i. See notes to § 607, Civil Code, and § 272, Penal Code. This act prevented the selling or apprenticing of children for im- moral purposes. It appears in full in the Appendix to the Penal Code, p. 614. ACT 1618. For the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876. Stats. 1875-6, p. 830.] Acts 1619-1623 INSANE. «8 Codified by amendments of Civil Code, 1905. See note to § 607. Civil Code. This act can be found in the Appendix to the Penal Code, p. 612. ACT 1619. To regulate the hours, of labor and employment of minors. [Stats. 1889, p. 4.] This act appears in full in Civil Code, Appendix, p. 721. ACT 1620. To regulate the employment, hours of labor, etc., of children. [Stats. 1901, p. 631.] This act appears in full in Civil Code, Appendix, p. 722. ACT 1621. Relating to the care and custody of minor children in certain cases. [Stats. 1869-70, p. 328.] Superseded by Civil Code, sees. 198, 199. ACT 1622. Orphan and abandoned children, care of. [Stats. 1873-4, p. 297.] Amended 1 Codified by amendments of Civil Code, 1905. See note to § 24H. Ovil Code. This act provided for the publication of notices of children ad- mitted, and Indicted a penalty for abandonment of children. TITLE 224. INSANE. ACT 1627. To provide an additioral asylum for chronic insane. [Stats. 1885, p. 35.] Amerrded 1889, 130. Superseded by the Lunacy Commission Act, 1897, 311. This act created the asylum at Agnews. ACT 1628. To provide for the erection of water towers and tanks on the grounds of the Agnews state hospital. [Stats. 1901, p. 806.] ACT 1629. To establish a branch insane asylum for the insane of the state of California at Ukiah, to be known as the Mendocino- state insane asylum, and appropriating money therefor. [Stats. 1889, p. 25.] Superseded by the Lunacy Commission Act, 18*97, 311. 489 INSANE. Acts 1630-163S ACT 1630. To change the name of the Mendocino state asylum for the in- sane to Mendocino asylum. [Stats. 1893, p. 75.] ACT 1631. To provide for the future management of Napa State asylum for the insane. [Stats. 1875-6, p. 133.J Amended 18S3, 281; 1887, 177; 1889, 351. Repealed by the Lunacy Commission Act, 1897, 311. ACT 1632. Napa state asylum for the insane, prohibiting sale of intoxi- cating liquors within certain distance of. [Stats. 1873-4, p. 27.] Superseded by Penal Code, sec. 172. ACT 1633. Napa state asylum, supply of water for. [Stats. 1875-6, p. 883.] ACT 1634. To provide for the erection and management of a state hospital for the insane, to be located in southern Cali- fornia. [Stats. 1889, p. 120.] Amended 1891, 481; 1S95, 207. Superseded by the Lunacy Commis- sion Act, 1897. 311. ACT 1635. Appropriation for supplying water, light, and fuel for the state insane asylum at Stockton. [Stats. 1889, p. 106. J Repealed 1889, 225. ACT 1636. To authorize the board of managers of the Southern Cali- fornia state hospital to sell a strip of land. [Stats. 1901, p. 563.] ACT 1637. Authorizing the trustees of the Southern California state asylum to convey certain water rights. [Stats. 1895, p. 232. ACT 1638. Insane, providing further accommodation for. [Stats. 1871-2, p. 673.] Supei seded as to government of the institution by 1897, 311, chap. CCXXVII. Acts 1630-164-3 INSANE. 49u ACT 1639. To prevent the overcrowding of asylums for the insane. [Stats. 1885, p. 35.] Superseded by the Lunacy Commission Act, 1897, 311. ACT 1640. In relation to the superintendent of the state insane asy- lum. [Stats. 1871-2, p. 845.] Repealed 1877-8. 767. This act required the superintendent to attend the annual meet- ings of the Superintendents of American Institutions for the Insane. See the act of 1S77-8, 7«7. ACT 1641. To provide for the future management of the state asylums for the insane. [Stats. 1885, p. 32.] ifiod, if n32, ante. Cal. Rep. Clt 64, 384; 67, 167; 133, 43; 133, 47; 133, 48; 133, 50. This act appears in full in Civil Code. Appendix, p. 731. ACT 1666. Relating to fire and marine insurance companies. [Stats. 1865-0, p. 743.] ■Ma INSURANCE COMMISSIONERS. Acts 16C7 1671 Amended 1867-8, 330. Repealed by sec. 2SS, Civil Code. See nate to act 632, ante. ACT 1667. • o provide for the organization and management of county fire insurance companies. [Stats. 1897, p. 439.] This act appears in full in Civil Code, Appendix, p. 732. ACT 1668. To require the payment of certain premiums to counties and cities and counties, by fire insurance companies not organized under the laws of the state of California, but doing business therein, and providing for the disposi- tion of such income. [Stats. 1885, p. 13.] Amended 1SS7, 15. Unconstitutional. (San Francisco v. Insurance Co., 74 Cal. 113.) This act provided for the payment of a certain percentage of the in- come of fire insurance companies into a firemen's relief fund. ACT 1669. Relative to the non-insurance of property belonging to the state against risk of damage or destruction by fire. [Stats. 1891, j. 70.] ACT 1670. Mutual Life Insurance Company of New York and Equi- table Life Insurance Company of the United States, authorized to invest money in California. [Stats. 1873-4, p. 777.] TITLE 227a. INSURANCE COMMISSIONER. ACT 3671. An act making an appropriation to pay any deficiency and other necessary expenses in the appropriation for traveling and contingent expenses of the insurance com- missioner for the fifty-seventh and fifty-eighth fiscal years. [Approved June 14, 1906.] The people of the State of California, represented in sen- ate and assembly, do enact as follows: Section 1. The sum of three thousand ($3,000.00) dol- lars is hereby appropriated out of any money in the statf treasury not otherwise appropriated to pay any deficiency Acts 1672, 1G73 INTEREST. 4Mb and other expenses in the appropriation for traveling and contingent expenses of the insurance commissioner's office for the fifty-seventh and fifty-eighth fiscal years. Sec. 2. The controller is hereby directed to draw his warrant for the amount herein named, payable upon the proper demand, audited by the state board of examiner*, and the treasurer is directed to pay the same. See. 3. This act shall take effect immediately. ACT 1672. An act to extend the time for filing with the insurance com- missioner statements of insurance business transacted daring the year ending December 31, 1905, within the time prescribed by law, and to remit penalties for failing to file the same. [Approved June 14, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Every corporation or person doing the busi- ness of insurance in this state, and organized under the laws of any country foreign to the United States, must fill with the insurance commissioner on or before the 31st. day of July, 1906, a statement which must exhibit th? condition and affairs of such corporation, person, firm or association on the 31st day of December next preceding. Except as provided in the preceding section of this act, eacli such statcnu at shall conform to the pro- visions of section 610, 611, 612 and 613 of the Political Code of this state. Sec. 3. On tin' filing with the insurance commissioner of such statement on or before said 31st clay of July, 1906, the penalties prescribed by section 617 of the Political Code of the State of California shall be and the same are hereby remitted. Sec. 4. This act shall take effect immediately. TITLE 228. INTEREST. ACT 1673. An act fixing the rates of interest and charges on loans upon chattel mortgages on certain personal property, and prescribing penalties for the violation of the act. [Approved March 20, 1905. Stats. 10or>, p. 422.] Unconstitutional. In re Sohncke, 30 Cal. Dec. 550. 495 INTOXICATING LIQUORS. Acts 1674-1687 ACT 1674. i'o regulate the interest of money. [Stats. 1850, p. 92.] Amended 1867-8, 553; 1869-70, 669. Superseded by Civil Code, sees. 1917-1920. Cal. Rep. Cit. 44, 131; 44, 369; 46, 208; 49, 402; 120, 109. TITLE 229. INTEEPEETEES. ACT 1679. In relation to interpreters before grand jury. [Stats. 1871-2, p. 540.] This act can be found In the Appendix to the Penal Code, p. 619. ACT 1680. To authorize the appointment of an interpreter of the Italian languages in cities of one hundred thousand in- habitants. [Stats. 1885, p. 108.] Amended 1895, 37. Codified by amendment of Penal Code, 1905. See note to j 92 *« Penal Code.^ "Superseded as to San Francisco by chap. I of art. V of the charter of that city." — Code Commissioner's Note. This act appears In full in Penal Code, Appendix, p. 618. TITLE 230. INTOXICATING LIQUORS. ACT 1685. To prohibit the collection of accounts for liq ors sold at retail. [Stats. 1858, p. 193.] Superseded, although not in terms repealed, by the act of 1873-4, 509, to the same effect. ACT 1686. To prevent the sale of intoxicating liquors to persons addicted to the inordinate use thereof. [Stats. 1889, p. 352.] This act can be found in the Appendix to the Penal Code, p. 6A. ACT 1687. Permitting voters of every township or incorporated city to vote on question of granting license to sell. [Stats. 1873-4, p. 434.] Repealed, 1S75-6, 10. Unconstitutional. (Ex parte Wall, 48 Cal. 279.) Acts 1G88-1693 INTOXICATING LIQUORS. 496 ACT 1688. To prevent the sale of intoxicating liquors to minor chil- dren. [Stats. 1891, p. 91.] This act appears in the Penal Cade, Appendix, p. 619. Probably superseded by Penal Code, § 397b, adopted 1906. ACT 1689. To prevent the selling, giving, or delivering intoxicating liquors to minor children, and to prevent minor chil- dren visiting saloons or public houses where intoxicat- ing liquors arc sold. [Stats. 1903, p. 319.] Codified by amendment of Penal Code, 1935. See note to § 397n. Penal Code. This act appears in full In Penal Code, Appendix, p. 620. ACT 1690. To prevent the sale of intoxicating beverages on election day. [Stats. 1873-4, p. 297.1 Cal. Rep. Clt. 92, 198. irted by amendment of Penal Code. 1906. See note to { 663b, Penal Code. This act appears in the Penal Code, Appendix, p. 622. ACT 1691. To prohibit the sale of intoxicating liquors in the state Capitol building. | Stats. 1880, p. 80.] Codified by amendment of Penal Code, 1906. See note to § 172, Penal Code. This act appears in full in Par.al Code, Appendix, p. 623. ACT 1692. To prevent the sale of intoxicating liquors in the imme- diate vicinity of soldiers' home. [Stats. 1895, p. 161.] Codified by amendment of Penal Code, 1905. See note to § 17:;, Penal Code. See. also, post. Act 1693. This act appears In full In Penal Code, Appendix, p. 822. ACT 1693. An act to prohibit the sale of intoxicating liquors within a certain distance of the Veterans' Home located at Yountville, Napa county. [Approved March 18, 1905. Stats. 1905, p. 126.] Section 1. It shall not be lawful for any person to keep any saloon or bar, or sell or offer for sale any spirituous, 487 INVENTORY— INYO COUNTY. Acts 1694-1702 vinous or malt liquors, within one mile and a half of the exterior limits of the land on which is located the Veterans' Home at Yountville, Napa county, State of California; and any person violating the provisions of this statute shall be guilty of a misdemeanor, and for each offense shall be pun- ished by imprisonment in the county jail for not exceeding six months, or by fine not less than $50 nor more than $500; and in the case of the non-payment of such fine such person may be imprisoned in the county jail at the rate of one day for each two dollars of said fine remaining unpaid. Sec. 2. This act shall take effect October first, 1905. ACT 1694. An act to prohibit the sale of intoxicating liquors within a certain distance of the Mendocino State Hospital for the Insane. [Approved February 24, 1905. Stats. 1905, p. 20.] Section 1. It shall not be lawful for any person to keep any saloon or bar, or sell or offer for sale any spirituous, vinous or malt liquors, within one mile of the asylum build- ing of the Mendocino State Hospital for the Insane near Ukiah, in the county of Mendocino, State of California; and any person violating the provisions of this statute shall be guilty of a misdemeanor, and for each offense shall be pun- ished by imprisonment in the county jail for not exceeding six months, or by fine not less than $50 nor more than $500; and in case of the non-payment of such fine such person may be imprisoned in the county jail at the rate of one day for each two dollars of said fine remaining un- paid. TITLE 231. INVENTORY. ACT* 1697. To require an inventory of state and county property, and directing that a record of the same be kept. [Stats. 1897, p. 5.] Amended 1901, 93. TITLE 232. INYO COUNTY. ACT 1702. Assessor, compensation of. [Stats. 1875-6, p. 81.] Amended 1S77-8, 256. Repealed by County Government Act, 1897, 568, sec. 211. Gen. Laws— 32 AcU 1703-1711 INYO COUNTY. 4SS ACT 1703. Government of, payment of expenses of. [Stats. 1873-4, p. 374.] See subds. 12 and 18. sec. 25, County Government Act, 1897, 460. 463. ACT 1704. Protecting growing crops in. [Stats. 1871-2, p. 668.] Probably rep— 111 by acta of 1897, 198, and 1901. 603. relating ta es trays. This act wag to prevent the trespassing of animals. ACT 1705. Additional notaries public for. [Stats. 1873 1, p. 574.] Repealed by Political Code, sec. 791. This act provided for the appointment of two additional notaries. ACT 1706. Salaries of certain officers of. [Stats. 1873-4, p. 177.] Supi> nd amended 1873-4. M■-. sea 211. 499 IRRIGATION. Acts 1716-1719 TITLE 233. IRRIGATION. ACT 1716. Irrigation, act to promote. [Stats. 1871-2, p. 945.] "Seems necessarily inconsistent with the Wright Act, 1887, 29 chap. XXXIV, but that statute, in sec. 46, declares that none of its provisions shall be construed as repealing or modifying the provisions of any act relating to irrigation or water commissioners; also with statute of 1S97, 254, which also contains same reservations as to its repealing effect."— Code Commissioners' Note. ACT 1717. To provide for the organization and government of irriga- tion districts, and to provide for the acquisition of water and other property, and for the distribution of water for irrigation purposes. [Stats. 1887, p. 29.] Amended 1SS9, 15; 1891. 142, 147, 244; 1S93, 175, 516; 1897, 241; 1899, S. Suplemented 1S89, 18, 21, 212; 1893, 276, 520; 1895, 127, 174; 1897, 254. S94. Repealed 1S97, 254. Cal. Rep. Cit. 76, 367; 79, 353; 87, 142; 88, 337; 88, 350; 88, 351; 88, 353; 88, 354; 88, 358; 92, 306; 94, 318; 98, 20S; 103, 385; 106, 369; 106, 371; 108. 192; 10S, 194; 113, 242; 113~ 510; 117, 384; 117, 385; 120, 288; 120, 289; 120, 290; 127, 567; 130, 130; 130, 131; 130, 132; 130, 133; 130, 134, 135, 390; 140, 345; 140, 346; 140, 541; 140, 542; 140, 543; 142, 604; 142, 605; 142, 606; 142, 607; 14*, 332; 144, 334; 144 335; 144, 727; 144, 731; 144, 736; 144, 737. AMD'T. 1891. Cal. Rep. Cit. 106, 365; 106, 369; 113, 510; 113, 517; 113, 521; in, 384; 117, 386; 120, 288; 120, 292; 125, 596. The supplemental act of 1S89, p. 212, is unconstitutional in part. (Cullen v. Glendora W. Co.. 113 Cal. 503.) ACT 1718. To amend "An act amendatory of and supplemental to an act entitled 'An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation pur- poses,' approved March 7, 1887, providing for the ex- clusion of certain lands within any such district." [Approved February 16, 1889. Stats. 1889, p. 21.] Amended 1833, 29. Repealed by act of 1S97, 254, so far as incon- sistent therewith. See act of 1897, sees. 74-84, pp. 531-536, post. Cal. Rep. Cit. 8S, 355. Unconstitutional in part. (Cullen v. Glendora W. Co., 113 Cal. 503.) ACT 1719. Amendatory of and supplemental to "An act to provide for the organization and government of irrigation dis- A.ctB 1710-1722 IRRIGATION. 600 tricts, and to provide for the acquisition of water and other property, and for the distribution of water there- by for irrigation purposes," approved March 7, 1887, and providing for a change of the boundaries of irri- gation districts, by including other lands therein. [Approved February 16, 1889. Stats. 1889, p. 18.] Repealed by act of 1897, 2r,4. so far aa inconsistent therewith. See Stats. 1S97, sees. 85-97, pp. 537-540, post. ACT 1720. Supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereb}' for irrigation purposes," approved March 7, 1887, and to provide for the examination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act. [Approved March 16, 1889. Stats. 1889, p. 212.] Repealed by art of 18:>7, 384, so far aa Inconsistent therewith. »»e sees. 6S-73, act of 1S97, dp. 530, 531, post. Cal. Rep. Cit. 87, 143; 87. 146; 88, 337; 83, 348; 91, 538; 92. 306, 92, 330; lOfi, 36!i; 113, 511; 117, 3S4; 132, 291; 133. 343; 136. 394: 140. 486; 142, 605; 142, 606. ACT 1721. Supplemental to an act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes, ' ' approved March 7, A$87, providing for the abandonment of operations by irrigation districts and for their disorganization upon the discharge of all outstanding obligations, and divid- ing irrigation districts into classes for the purposes of this act. [Approved March 25, 1893. Stats. 1«93, p. 520.] Repealed by act of 1897, 254, so far as Inconsistent therewith. See act of 1903, 3. ACT 1722. Supplemental to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other prop- erty, and for the distribution of water thereby for irri- gation purposes," approved March 7, 1887, providing for reducing the bonded indebtedness thereof. | Ap- proved March 23, 1893. Stats. 1»93, p. 276.] *>i IRRIGATION. Acta 1723-17^6, § 1 Repealed by Stats. 1897, 254, so far as inconsistent therewith. See act of 1897, sees. 98-99&, p. 541, post. ACT 1723. Supplemental to an act entitled ' ' An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other prop- erty, and for the distribution of water thereby for irri- gation purposes," approved March 7, 1887, providing for the destruction of all or any part of the bonds of any irrigation district remaining unsold after the completion of their irrigation system. [Approved March 26, 1895. Stats. 1895, p. 127.] Repealed by act of 1897, 254, so far as inconsistent therewith. See sees. 106-10S of act of 1897, pp. 543, 544, post. ACT 1724. To create Modesto irrigation district. [Stats. 1877-8, p. 820.] ACT 1725. West Side irrigation district creating. [Stats. 1877-8, p. 468.] ACT 1726. An act to provide for the organization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of the ' lands embraced within such districts, and, also, to pro- vide for the distribution of water for irrigation purposes. [Approved March 31, 1897. Stats. 1897, p. 254.] Amended 1901, 815; 1905, 27. Cal. Rep. Cit. 124, 2. The people of the state of California, represented in senate and assembly, do enact as follows: ORGANIZATION. Section 1. A majority in number of the holders of title, or evidence of title, to lands susceptible of irrigation from a common source and by the same system of works, such holders of title, or evidence of title, representing a majority in value of said lands, according to the equalized county as- sessment roll or rolls for the year last preceding, may pro- pose the organization of an irrigation district, under the provisions of this act. Said equalized assessment roll or rolls shall be sufficient evidence of title for the purposes of this act. Act 17:6, J 2 IRRIGATION. i*K Sec. 2. In order to propose the organization of an irriga- tion district, a petition shall be presented to the board of supervisors of the county in which the lands within the pro- posed district, or the greater portion thereof, are situated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, and represent- ing the requisite majority in value of said lands, which peti- tion shall set forth the boundaries of the proposed district, and shall state, generally, the source from which said lands are proposed to be irrigated, and the character of the works proposed to be required or constructed for irrigation pur- poses, and shall pray that the territory embraced within the boundaries of the proposed district may be organized as an irrigation district under the provisions of this act. The peti- tion must be accompanied with a good and sufficient under- taking, to be approved by said board of supervisors, in double the amount of the probable cost of organizing such district, conditioned that the sureties shall pay all of said costs, in case said organization shall 'not be affected. Said petition shall be presented at a regular meeting of said board, and shall be published for at least two weeks before the time ut which the same is to be presented, in some newspaper of j, r "!i- eral circulation printed and published in the_ county where said petition is presented, together with a notice stating the time of the meeting at which the same will be presented; an I if any portion of the lands within said proposed district lie within another county or counties, then said petition and notice shall be published, as above provided, in a u paper published in each of said counties. When such peti- tion is presented, said board of supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all. And on the final hearing sa d board shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish such boundaries. But said board shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of irrigation from a common source and by the same system of works applicable to the other Ian. such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by irrigator, by means of said system of works, be included within such pro- posed district. Any person whose lands are susceptible of irrigation from the same source and syst( m of works, may, upon his application, in the discretion of said board, have such lands included within said proposed disl Sec. 3. Upon such hearing of said petition, the board of 503 IRRIGATION. Act 1726, §§ 4-5 rupervisors shall determine whether or not said petition com- plies with the requirements of sections one and two of this act, and for that purpose must hear all competent and rele- vant testimony offered in support or in opposition thereto. Such determination shall be entered upon the minutes of said board of supervisors. Sec. 4. The right of appeal from said order to the Buperior court of the county where said petition is heard is hereby given to any person interested who is a party to the record; provided, that if more than one appeal be taken they shall be consolidated and tried together. Such appeal shall be taken within ten days after the entry of such order upon the minutes of the board of supervisors. The appeal shall be taken and heard in the same manner as appeals from justices' courts to the superior court, except as herein other- wise provided. Upon the appeal, the superior court may make and enter its judgment affirming, modifying, or reversing the order appealed from. Within ten days thereafter the superior court must cause its remittitur to issue to said board of super- visors, and if said order of the board of supervisors is modi- fied or reversed, the judgment of the superior court and its remittitur shall direct the board of supervisors what order it shall enter. Such remittitur shall be filed by the clerk of the board of supervisors, and at the first regular meeting of the board thereafter, it shall cause to be entered in its min- utes the order as directed by said superior "court. The ap- peal herein provided for shall be heard and determined within thirty days from the time of filing the notice of appeal. Sec. 5. If, on said final hearing, the boundaries of the proposed district are defined and established, said board shall make an order dividing said district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth and fifth, and one di- rector shall be elected for each division by the electors thereof ; provided, that if so requested in said petition, the board may order that there shall be only three divisions in said district, and that only three directors be elected, or that they be elected for the district at large. 42. ELECTION ON ORGANIZATION. Sec. 6. Said board of supervisors shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall describe the boundaries so established, and shall desig- At 1726. S( 7-10 IKIUOATIOM. 601 for the proposed district, and said noties shall be published for at least throe works previous to ■Mil iii a n e w s paper published within the county in which Hip petition for the ftrgnni— Ttftn of the propose 1 district whs presented; ami if my portion of such pro- posed district is within an aty or counties. th-"i such Dotiee shall be published for the same length of time in a ef published In each of is Such notice BhaQ require the electors to oast ballots, which shall contain the words "Irrigation District Sfes," or "Irrigation Districl No," nr words e I thereto, and also the Dames <>f persons to be voted for at sai't For the purposes of said election the board of supervisors must establish a convenient Dumber of elec- tion precincts in sm i . 1 proposed district, and define the boundaries of the same. Such election shall be condu nearly as practicable in accordance with the general tion laws of the State, but no particular form of lut shall be required, 7. At such election tlure shall ho oi.eted a board Of directors, and an SS OCOS er, fax collector, and treasurer; provided, that wl insoNdatien sf officers .as here- inafter provided fof is deem* d advisable in tho organiza- tion of a district, the petitioners may request in their petition fof organization such consolidation, and Bhe b of supervisors calling the election siiall in its irder there- tor announce such consolidation, and then only one person shall be elected to fill the several offij Mridated. Sec. B. X" person Bhall bo entitled to vots at any slee- tion hold under tie provisions of tliis act unless he pos- sesses all the qualifications required of (lectors under the general election laws of tho state. 0. The board of Bup< rvisors shall meet on the >>d Honda eding such election, and shall pro- ceed to canvt »tes east thereat, and if upon such canvass it appears the at hast two thirds of all the votes cast are "Irrigation District — STes," said board shall, by an order entered on its niinutes. declare the territory duly organized as an irrigation district, under the name th< r Tore designated, and shall declare the persons receiving respectively the highest number of votes at said election to be duly elected. Sec. 10. Said board shall then eauso a copy of such order, duly certified, to be initio diately filed for record BW IRRIGATION. Act 1726, §§ 11-13 in the office of the county recorder of any county in which any portion of the lands embraced in such district are situated, and must also immediately forward a copy there- of to the clerk of the board of supervisors of each of said last-mentioned counties, and no board of supervisors of any county in whieh any portion of the lands embraced in such district are situated shrill, after the date of the organ- ization thereof, allow another district to be formed in- cluding any portion of said lands, without the consent of the board of directors of the district in which they are situated. From and after such filing, the organization of such district shall be complete. Sec. 11. Such election, on organization, may be con- tested by any person owning property within the proposed district liable to assessment. The directors elected at such election shall be made parties defendant. Such con- test shall be brought in the superior court of the county where the petition for organization is filed; provided, that if more than one contest be pending they shall be con- solidated and tried together. The court having jurisdic- tion 8ha*ll speedily try such contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial compliance with the requirements of this act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and declaration of the result by the board of supervisors. The right of appeal is hereby given to either party to the record within thirty days from entry of judg- ment. The appeal must be heard and determined by tne supreme court within sixty days from the time of filing tne notice of appeal. Sec. 12. The officers elected at the election hereinbefore provided for shall immediately enter upon their duties as such, upon qualifying in the manner for such officers herein provided. Said officers shall hold office respectively until their successors are elected and qualified. DUTIES AND POWERS OF BOAEDS OF DIRECTORS. Sec. 13. The directors of any district created after the passage of this act, on the firs*; Tuesday after their elec : tion, after they shall have qualified, shall meet and classify themselves by lot into two classes, as nearly equal in number as possible, and the term, of office of the class A.) 1720, 5$ 14, 15 IRRIGATION. «* having the greater number shall expire at the next general February election in this act provided for: and the term of office of the class having the lesser number shall termi- nate at the aeral February election thereafter, r such classification, sai'l directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the nnt of the bond to be given by him for the faithful ormance of his duties shall be axed by the board of ■ors. Si c. 1 }. The board of directors shall hold a regular monthly meeting, in their office, on the first Tuesday in every month, and such special meetings as may be required for the proper transaction of bnainees; provide.], that all special meetings must he ordered by a majority of the board. Tin order must b atered of record, and five thereof must, by the secretary, be given to each membi r not joining in the order. The order must ify the business to bo transacted, and none other than that Bpeoifled must be transacted at such' special meeting. All meetings of the board must be public, and three members shall constitute a quorum for the transac- tion of business; provided, however, that when the board >f three members only, then in such case two shall constitute a quorum for the transaction of business, but on all question requiring a vote there shall be a con- currence of at least the number constituting a quorum. All records of the board shall be open to public Inspection during business hours. The board of directors shall, on the first Tuesday in January of each and every vear render, and immediately thereafter cause to be published, a veri- fied statement of the financial condition of the district, ring particularly the receipts and disbursements of the last preceding year, together with the source of such receipts and purpose of such disbursements. Said publi- cation shall be made at least once a week for two weeks, in some paper published in the county where the office of the board of directors of such district is situated. 15. The board shall have the power, and it shall be tiw ir duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts; employ and appoint such agents, officers, and employees as may be required, and prescribe their duties. 607 IRRIGATION. Act 1726, § 15 The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works and the line for any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such lo- cation. Said board shall also have the right to acquire, cither by purchase or condemnation, or other legal means, all lands, and waters, and water rights, and other property necessary for the constructions, use, supply, maintenance, repair, and improvements of said canal or canals, and works, including canals and works constructed and being constructed by private owners, lanrls for reserviors for the "storage of needful waters, and all necessary appurtenances. But no purchase of any waters, or water rights, or canals, or reservoirs, or reservoir sites, or irrigation works, or other real property of any nature or kind, for any price in excess of ten thousand dollars shall be final or binding on the district, nor shall the purchase price thereof be paid until a petition of a majority of the holders of title, or evidence of title, to lands within the district, such holders of title, or evidence of title, representing a majority in value of said land, according to the last equalized assess- ment-roll of the district, shall have been filed with the board and an order of the board made thereon confirming such purchase. Said board may also construct the neces- sary dams, reservoirs, and works for the collection of water for said district, and do any and every lawful act neces- sary to be done, that sufficient water may be furnished to each land owner in said district for irrigation purposes. The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute and maintain any ard all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities cre- ated by this act, or acquired in pursuance thereof. And in all courts, actions, suits, or proceedings, the said board may sue, appear, and defend in person or by attorneys, and in the name of such iirigation district. It shall be the duty of said board to establish equitable by-laws, rules, and regulations for the distribution and use of water among the owners of said lands, which must be printed in con- Act 1726. §j ' IRRIGATION 60s veni.nt form for distribution in the district. Said board shall lin\ rally tu perform all such acts as shall lie Deeeecary to fully carry out tne purposes of tliis art. L5H. The board of Aireetera, when they deem it advisable t'.>r tin beet int. r. iti <.' fur the tit uf the cbetriet] provided, that when the directors of nny irrigation district eont< the leasing of the ,l s " or v such diab -hall gfcvs notice ■• mplatii.n by publishing the same in - Mwapapei ed in the eoanfcy in which Bnch irriga- tion district lits. at bast thr. . w. ks prior to the making and mob leaae shall be made bo the hlghed bidder. Bui toek board shall have the rlgM to reject any and all bids. Baeh has.- shall in no way interfere with anv rights that may have been established by law at the time such has.- is made; and further provided, that the board Of dir. 'I require a goad and snfli- ciriit bond tu Secure the faithful performance of I \ lV i section a pp rove d March 21, 1901. stats. ifOi, p. 115. In effort Immediately.] ir>. In case of condemnation proceedings the board B hall pr ted, in the name uf the district, under tin- pro . part three, of the code of < ivil .ore. watki; i;i:<;ri..\Ti<»\s. Sec. IT- The use of all war, r required fur the irriga- tion of the lands of any district formed under the pruvi- tiontiun of the lands of any .lisiriet formed under the pmvi- piona of this act, or the acl of which this is suppl" or amendatory, together with the rights of way fur canals an d .lit re, and all other prop rtj required in fully carrying out the provisions of this act, 609 mftlGATlON. Act 1726, $g IS, U is hereby declared to be a public use, subject to the regula- tion and control of the state, in the manner prescribed by law. Sec. 18. It is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each land owner upon the basis of the ratio which the last assessment of such owner for district pur- poses within said district bears to the whole sum assessed upon the district; provided, that any land owner may as- sign the right to the whole or any portion of the waters so apportioned to him. GENERAL ELECTIONS. Sec. 19. An election shall be held in each irrigation district on the first Wednesday in February, eighteen hun- dred and ninety-nine, and on the first Wednesday in Feb- ruary in each second year thereafter, at which an assessor, a collector, and a treasurer, and directors for the district shall be elected. The person receiving the highest number of votes for any office to be filled at such election shall be elected thereto. The assessor, collector, and treasurer shall each hold office from the first Tuesday in March next after, for two years, and until his successor is elected and qualified. Within ten days after receiving their certifi- cates of election, hereinafter provided for, said officers Bhall take and subscribe the official oath, and file the same in the o-ffice of the board of directors, and execute the bond hereinafter provided for. The assessor shall execute an official bond in the sum of five thousand dollars, and the collector an official bond in the sum of twenty thou- sand dollars, and the district treasurer an official bond in the sum of fifty thousand dollars; each of. said bonds to be approved by the board of directors; provided, that the board of directors may, if it shall be deemed advisable, fix the bonds of the treasurer and collector, respectively, to suit the conditions of the district, the maximum amount of the treasurer's bond not to exceed fifty thousand dol- lars, and the minimum amount thereof not to be less than ten thousand dollars; and the maximum amount of the collector's bond not to exceed twenty thousand dollars, and the minimum amount thereof not to be less than five thousand dollars. Each member of said board of directors shall execute an official bond in the sum of five thousand dollars, which said bonds shall be approved by the judge of the superior court of said county where such organization was effected, and shall be recorded in the office of the Act 1726, §5 20-22 IRRIGATION. 510 county record) r tin reof, and filed with the secretary of said board. All official bonds in rein provided for shall bo in the form prescribed by law for the official bonds of county officers. Sec, 20. On the first Tuesday in March next following their election, the directors who shall have been elected at the genera] February election, shall meet and organise as a board, elect a president and appoint a secretary, who shall each hold office during the pleasure of the board. And the directors' of districts now organized) who shall have been elected at the general February election of eighteen hundred and oinety nine, Bhall, on the first Tuesday in March next thereafter, when they meet to organise, first classify themselves by lot into two classes as nearly equal in number as possible. And tin term of office of the class having the greater number shall he two years; and the t< mi of office of the lesser number shall be four years. The full term of office tors is hereby fixed at four years. Sec. 21. Fifteen days 1" fore any election held under this act, Bubsequi at to the organization of any district, the secretary of the board of directors shall cause notices to be posted in three public places in each election precinct. of the time and place of holding the election, and shall also posi a general notice of the same in the office of said board, which shall be established and kept al some fixed place, to be determined by said board, specifying the poll- ing-places of each precinct. Prior to the time for posting the notices, the board must appoint for each precinct, from the electors thereof, one inspector and two judges, who shall constitute a board of election for such pn cinct. If the board fail to appoint a board of election, or the mem bers appointed do not attend at the opening of the polls on the morning of election, t ho electors oj tin precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board o£ directors must, in its order appointing the board of election, desig Date the house or place within the precinct where the elec- tion must be held. Sec. 22. The inspector is chairman of the election board, and may administer all oaths required in the progress of an (diction; and appoint judges and clerks, if, during the progress of the election, any judge or dirk cease to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be admin/ 511 IRRIGATION. Act 1726, §§ 23, 21 istered during the progress of an election. The "board of election for each precinct must, before opening the polls, appoint two persons to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully per- form the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened one hour after sunrise on the morning of the election, and be kept open until sunset, when the same must be closed. The provisions of the general election laws concerning the form sf ballots to be ased shall not apply to elections held under this act. Sec. 23. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted, as nearly as prac- ticable, in accordance with the provisions of the general election laws of this state. As soon as all the votes are counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in figures and in words at full length. Each certificate shall be signed by the clerk, judge, and the inspector. One of said certificates, with the poll list and the tally paper to which it is at- tached, shall be retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election returns of (naming the precinct) precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by the inspector, or by some other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months; and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted. Bee. 24. No list, tally paper, or certificate returned from any election, shall be set aside or rejected for want of 16, $ 25 IRRIGATION. HJ form, if it can be satisfactorily understood. The board Of directors must meet at its usual j>l;u-< of meeting on the first Monday after each election to canvass the returns. If. at the time of meeting, the returns from each precinct in the district in which tlie y.olls wire opened have been received, the board of directors must then and there pro- ceed to canvass tin returns; hut if all the returns hav< not been received, the canvass must lie postponed from day to day until all (he returns have been received, or until six postponements have Keen had. The canvass must he made in public and by opening the returns and estimat- ing the vote of the district for each person voted for, and declaring the result thereof. Sec. 25, The secretary of the board of directors must, as soon as the result is declared, inter in the r< cords of such board ;i statement of such result, which statement must show: (a) The whole number of votes cast in the district, and in eaob division of the district; (b) the names of the persons voted for; (c) the ftffice to fill which > p. MOO was Voted for; (d) the number of votes ^iven in each precinct to each of such persons; (e) the number of votes >jiven in each division for the office of director, and the number of votes given in the district for the offices of assessor, collector, ..ml treasurer. The board of di- rectors must declare elected the persons having the higl number oi' votes given for each office. The secretary must immediately make out and city or town, and the number and block, according to the system of numbering in such city or town, and the improve- ments thereon; (d) the cash value of real estate, other than city or town lots; (e) the cash value of improvement? on such real estate; (f) the cash value of city and town lots; (g) the cash value of improvements on city and town lots; (h) the cash value of improvements on real estate assessed to persons other than the owners of the real estate; (i) the total value of all property assessed; (j) the total value of all property after equalization by the board of directors; (k) such other things as the board of directors may require. Any property which may have escaped the payment of any assessment for any yvnr, shall, in addition to the assessment for the then current year, be assessed for such year with the same effect and Act 1726, § J 36-39 IRRIGATION. 513 with the same penalties as are provided for such current year. Sec. 36. The board of directors must allow the assessor as many deputies, to be appointed by him, as will, in the judgment of the board, enable him to complete the assess- ment within the time herein prescribed. The board must fix the compensation of such deputies, winch shall be paid out of the treasury of the district. The compensation must not ( xceed five dollars per day for each deputy, for the time actually engaged, nor must any allowance be made but for work done between the first Monday in March and the first Monday in August in each year. Sec. 37. On or before the first Monday in August in i .11 li yi ',-ir, the assessor must complete his assessment book, and deliver it to the secretary of the board, who must immediately give notice thereof, and of the time the hoard of directors, acting as a board of equalization, will in el tu equalize assessments, by publication in a news- paper published in each of the counties comprising the district. Tin- time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice; and in the mean time the assess- ment book must remain in the office of the secretary for the inspection of all persons interested. EQUALIZATION OF ASSESSMENT. Sec. 33. Upon ths day specified in the notice required by tin prec< ding action for the meeting, the board of directors, which ifl hereby constituted a board of equali zation for that purpose, shall meet and continue in session from time to time, as long as may be necessary, not to exceed ten days, exclusive of Sundays, to hear and de- ti iminc such objections to the valuation and assessment as may come before them; and the board may change the valuation as may be just. The secretary of the bo lrd shall be present during its sessions, and note all changes made in the valuation of property, and in the names of the persons whose property is assessed; and within ten days after the close of the session he shall have the total values, sa finally equalized by the board, extended into columns and added. • LEVY OF AND COLLECTION OF TAXES. See. '69. The board of directors shall then levy an as- sessment -sufficient to raise the annual interest on the out- 313 IRRIGATION. Act 1726, § § 40, 41 standing bonds, and in any year in which anj r bonds shall fall due must increase said assessment to an amount sum cient to raise a sum sufficient to pay the principal of th? outstanding bonds as they mature. The secretary of the board must compute and enter in a separate column of the assessment book the respective sums, in dollars and cents, to be paid as an assessment on the property therein enum- erated. When collected, the assessment shall be paid into the district treasury and be apportioned to the several proper funds. In case of the neglect or refusal of the board of directors to cause such assessments and levies to be made as in this act provided, then the assessment of property made by the county assessor and the state board of equalization shall be adopted, and shall be the basis of assessment for the district, and the board of supervisors of the county in which the office of the board of directors is situated shall cause an assessment roll for said district to be prepared, an- J shall make the levy required by this act, in the same man- ner and with like effect as if the same had been made by said board of directors, and all expenses incident thereto shall be borne by such district. In case of the neglect or refusal of the collector or treasurer of the district to per- form the duties imposed by law, then the tax collector and treasurer of the county in which the office of the board of directors is situated must, respectively, perform such duties, and shall be accountable therefor upon their official bonds as in other cases. Sec. 40. The assessment upon real property is a lien against the property assessed from and after the first Mon- day in March for any year, and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent issue, and such lien is not removed until the assessments are paid, or the property sold for the payment thereof. Sec. 41. On or before the first day of November, the secretary must deliver the assessment-book to the collector of the district, who shall within twenty days publish h notice, in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable, and will become delinquent at six o'clock P. M. on the last Monday of December next thereafter, and that unless paid prior thereto, five per cent will be added to the amount thereof, and also the time and place at which payment of assessments may be made, Act 1726, § 42 IRRIGATION'. 620 which notice shall be published for the period of two weeks. The collector must attend at the time and place specified in the notice, to receive assessments, which must be paid iu gold and silver coin; he must mark the date of payment of any assi s&vient in the assessment-book, opposite the name of the person paying, and give a receipt to such person, specifying the amount of the as- sessment and the amount paid, with a description of the property assessed. On the last Monday in December, at six o'clock P. M. of each year, all unpaid assessments arc delinquent, and thereafter the collector must collect thereon, for the use of the district, an addition of five per cent. PUBLICATION OF DELINQUENT NOTICE. Sec. 42. On or before the first day of February, the col- lector must publish the delinquent list, which must contain the names of the persons and " a description of the prop- erty delinquent, and the amount of the assessments and costs due opposite eaek name and description. He must append to and publish with the delinquent list a notice, that unless the ass. ssnn nts delinquent, together with costs and percentage, are paid, the real property upon which such assessments are a lien will be sold at public auction, 'I ne publication must be made once a week for three suc- cessive weeks, in a newspaper published in the county in which the property delinquent is situated; provided, that it any property assessed to the same person or corporation shall lie in more than one county, then such publication may be made in any county in which any portion of such property may lie. The publication must designate the time and place of sale. The time of sale must not be less than twenty-one nor more than twenty-eight days from the nrst publication, and the place must be at some point desig- nated by the collector, within the district; provided, how- ever, that if there should occur any error in the publication of the sale of the delinquent property, which might in- validate a sale made thereunder, and such error is discov- ered prior to sale thereunder the collector shall at once republish the sale of the property affected by such error, making such republication conform to the provisions of this law, and the time of sale designated in such republica- tion must not be less then twenty-one nor more than twenty-eight days from the first republication; and the place of sale must be at some point designated by the 621 IRRIGATION. Act 1726, §§ 43, M collector within the district, and stated in such republica tion. SALE FOE DELINQUENT TAXES. Sec. 43. The collector must collect, in addition to the assessments due on the deliquent list and five per cent added, fifty cents on each lot, piece, or tract of land sepa- rately assessed. On the day fixed, for the sale, or some subsequent day to which he may have postponed it, of which he must give notice, the collector, between the hours of ten A. M. and three o 'clock P. M., must commence the sale of the property advertised, commencing at the head of the list and continuing alphabetically, or in the numer- ical order of the lots or blocks, until completed. He may postpone the day of commencing the sales, or the sale, from day to day, but the sale must be completed within three weeks from the day first fixed; provided, that if any sale or sales shall be stayed by legal proceedings, the time of the continuance of such proceedings is not part of the time limited for making such sale or sales; and pro- vided further, that in any district where the validity of any assessment shall be in litigation at the time this act shall take effect, the sale of any property, whether it be involved in such litigation or not, may be postponed for a time not to exceed four months. Sec. 44. The owner or person in possession of any real estate offered for sale for assessments due thereon may designate, in writing, to the collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or possessor does not, then the collector may designate it and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the in- terest, and pay the assessments and costs due, including two dollars for the duplicate certificate of sale, is the pur- chaser. If the purchaser does not pay the assessments and costs before ten o'clock A. M. the following day, the prop- erty on the next sale day must be resold for the assessments and costs. But in case there ia no purchaser in good faith for the same on the first day that the property is offered for sale, then, when the property is offered thereafter for sale, and there is no purchaser in good faith for the same, the whole amount of the property assessed shall be struck off to the irrigation district within which such lands are situ- ated as the purchaser, and the duplicate certificate delivered Act 1726, 5 i 43-52 IRRIGATION. 524 officer; (f) the property was not redeemed; (g) the person who executed the deed was the proper officer. Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the asses- sor, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands de- scribed therein free of all incumbrances, except when the land is owned by the United StateB, or this state, in which case it is prima facie evidence of the right of possession. Sec. 49. The assessment book or delinquent list, or a copy thereof, certified by the collector, showing unpaid as- sessments against any person, or property, is prima facie evidence of the assessment, the property assessed, the delinquency, the amount of assessments due and unpaid, and that all the forms of the law in relation to the assess- ment and levy of such assessments have been complied with. Sec. 50. When land is sold for assessments correctly im- posed, as the property of a particular person, no misnomer of the owner, or supposed owner, or other mistake relating to the ownership thereof affects tue sale, or renders it void, or voidable. Sec. 51. On the first Monday in each month, the collec- tor must settle with the secretary of the board for all moneys collected for assessments, and pay the same over to the treasurer; and within six days thereafter he must deliver to and file in the office of the secretary a state- ment under oath, showing: (a) An account of all his transactions and receipts since his last settlement; (b) that all money collected by him as collector has been paid. The collector shall also file in the office of the secretary, on s;ii.l first Monday in each month, the receipt of the treasurer for the money so paid. EEDEMPTION OF BONDS, AND PAYMENT OF IN- TEREST. Sec. 52. Upon the presentation of the coupons due, to the treasurer, he shall pay the same from the bond fund. "Whenever said fund shall amount to the sum of ten thou- sand dollars in excess of an amount sufficient to meel the interest coupons due, the board of directors may direct the .",:r, • IRRIGATION. Act 1726, § 52 treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising in the manner hereinbefore provided for the sale of bonds, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meet- ing, at a time to be named in the notice, and the lowest bid for said bonds must be accepted ; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, under the direction of the board, in United States bonds, or the bonds of the state, which shall be kept in said ' ' bond fund, ' ' and may be used to redeem said district bonds whenever the holders thereof may desire. CONSTEUCTION OF WORKS. Sec. 53. After adopting a plan for such canal or canals, storage reservoirs, and works, as in this act provided for, the board of directors shal] give notice by publication thereof not less than twenty days in one newspaper published in each of the counties composing the district (provided, a news- paper is published therein), and in such other newspapers as they may deem advisable, calling for bids for the con- struction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so adver- tised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed, shall be opened in public; and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Contracts for the purchase of material shall be awarded to the lowest respon- sible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said dis- trict for its use, for twenty-five per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction Act ITL'6, §5 54-56 IRRIGATION. SSI and to the satisfact ion of the engineer, and be approved by the board. Sec. 54. No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president, and countersigned by the secretary; provided, that the board may draw, from time to time, from the con- struction fund, and deposit in the county treasury of the county where the office of the hoard is situated any sum in ■! of twenty-five thousand dollars. The comity treasurer of said county is berebj authorized and required to receive and for the sasse and place the same to the C said district, and be shall ho respon- official bend forth. dug and disburse- as in this act provided. He shall pay out the same, or any portion thereof, to the treaasrer af tin- dis- trict only, and only upon t 1 if the board, signed by the president, and attested by the secretary; The said eounty surer Bhall report, m writing, on the second Monday in each month, the amount of money in tie county treasury, the ut of receipts for tin month preceding, and the amount or amounl »ut; said report shall be verified and lied with the Secretary of the hoard. The district treasurer shall also report to the hoard, in writing, on the first Mondav in each month, the amount of money in the district treasury, the t receipts for the month | and the amount and items of • ndituns. and said report shall be d filed wi: , r. of the hoard. 56. Tli Bl and expense of purchasing and ac- quiring property tructine the works and improve- ments herein provided for. shall he wholly paid oul of the construction fund. For the purpose of defraying the ex- tiofl of the district, and of the Care, operation, mat repair, and improvement of such por- tions of said canal and works as are completed and in use, including salaries of officers and employees, the hoard may in lies (eM'n-M in part or in whole) of levying assessment herein provided for, fix rates of tolls and charges, and colled the same from all persons using --aid canal for irrigation and other pur] 56. The hoard of diretttors shall have power to c struct the -ail WOJ ■ any stream of water, water- net. avenue, highway, railway, caaal, ditch, or flume which \ ■ r cs ah may intei or 01 - lea manner as to B SUlity fer life i 521 IRRIGATION. Act 1726, §§ 57, 58 property; but said board shall restore the same, when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said board in forming ?aid intersections and crossings, and grant the privileges aforesaid; and if such railroad company and said board, or the owners and controllers of the said prop- erty, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascer- tained and determined in all respects as is herein provided in respect to the taking of land. The right of way is hereby given, dedicated, and set apart, to locate, construct, and main- tain said works over and through any of the lands which are now or may be the property of this state ; and also there is given, dedicated, and set apart, for the uses and purposes aforesaid, all waters and water-rights belonging to this state within the district. GOVERNING DIRECTORS. Sec. 57. The directors, when sitting as a board, or acting under the orders of the board, shall eaeh receive not to ex- ceed three dollars per day, and aetual and necessary ex- penses paid while engaged in official business under the order of the board. The board shall fix the compensation to be paid to all officers named in this act, to be paid out of the treasury of the district; provided, that said board shall, upon the petition of at least fifty, or a majority of the freeholders within such district, therefor, submit to the electors at any general election a schedule of salaries and fees to be paid hereunder. Such petition must be presented to the board not less than twenty days nor more than forty days prior to a general election, and the result of such election-shall be deter- mined and declared in all respects as other -elections are de- termined and declared under this act. Sec. 58. No director or any other officer named in this act shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any viola- tion of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail Act 1726. §8 50-61 IRRIGATION. 62C not exceeding six months, or by both such fine and imprison- ment. SPECIAL ASSESSMENTS. Sec. 59. The board of directors may, at any time, when in tli* ir judgment it may be deemed advisable, call a spe- cial election and submit to the quaUfi irs of the dis- trict the question, whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the pu rovided in this act. Such election must be Balled upon the notice prr-scribed, and the same shall be heM and the result thereof determined and declared in all respects in conformity with the provisions of section thirty lit' this act. The notice must specify the amount of money proposed be be raised and the purpose for which it is intended to be used. At such ■ the ballots Bhau contain the words "Assessment — yes," or "Assessment — No." If two thirds or more of the votes east are "Assessment — Yes," the board shall, at the time of the annual levy hereunder, levy an assessment sufficient to raise the amount voted. Sec. 60. The rate of assess touts levied under the provis- ions of this set shall be ascertained by deducting fifteen per cent for anticipated delinquencies from the aggregate as- sessed value of the property in the district as it appears on the assessment roll for the current year, and then dividing the Bum the remainder of such aggregate assessed value. The assessments bo levied shall be computed and entered on the assessment roll by the secretary of the board, and collected at the Bami time and in the Bame manner as other assessments provided lor herein; and when collected shall be paid into the district treasury for the purposes specified in the notice of such special election. INCURRING INDEBTEDNESS. Sec. 61. The board of directors, or other officers of the district, shall have no power to incur any del Or liability whatever, either by issuing bonds or otherwise, in excess el' the express provisions of tins act; and any debt or lia- bility incurred in excess of such express provisions shall be and remain absolutely void, except that fox the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first asment, incur an indebtedness not exceeding in thi aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at seven per cent per annum. S29 IRRIGATION. Act 1726, §§ 62-66 GOVERNING THE USE OE WATER. SSec. 62. In case the volume of water in any stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, and suscep- tible of irrigation thereform, then it shall the duty of the water commissioners, constituted as hereinafter pro- vided, to apportion, in a just and equitable proportion, a certain amount of said water upon certain or alternate weekly days to different localities, as they may, in their judgment, think best for the interest of all parties con- cerned, and with due regard to the legal and equitable rights of all. Said water commissioners shall consist of the chairman of the board of directors of each of the dis- tricts affected. Sec. 63. It shall be the duty of the board of directors to keep the water flowing through the ditches under their control of the full capacity of such ditches in times of high water. Sec. 64. Navigation shall never in any wise be impaired by the operation of this act, nor shall any vested interest in or to any mining water rights or ditches, or in or to any water or water rights, or reservoirs or dams now used hy the owners or possessors thereof in connection with any mining industry, or by persons purchasing or renting the ust- thereof, or in or to any other property now used, di- rectly or indirectly, in carrying un or promoting the mining industry, ever be affected by or taken under its provisions, save and except that rights of way may be acquired over the same. Sec. 65. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal, or ditch from its channel, to the detriment of any person or persons having any interest in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public uses. EXEMPTION FROM TAXATION— CREATION OF FUNDS. Sec. 66. The rights of way, ditches, flumes, pipe-lines, dams, water rights, reservoirs, and other property of like Gen. Laws — 34 At 1736, §§ 67-69 IRRIGATION. 530 character, belonging to any irrigation district shall nut bo taxed tor state and county or municipal purposes; s. c. 67. The following funds are hereby created and iblished, to which the moneys properly belonging shall be apportioned, to wit: Bond fund, construction fund, gen- eral fund. i;i:m:i;.\l PBi >visi< ins. Bee. 68. Tin board ef directom may. at any time after tin tasai ot any bonds o* the lew of anj sat here- in provided for, bring an actios n the superior court of the county wherein is located the office of such board, to determine the validity of any such bonds or such levy of such action shall be in the nature of a pro- in rem. ami jurisdiction of all parties interested may be had by publication of summons for at b a.-t • a unk for tin . weeks in som< paper of genera] circu- lation published in the county where the action is ponding, such paper to be designated by the court having jurisdic- tion of the prod Jurisdiction shall be complete within ten days after the full publication of such sunin in the manner herein provided. Any one interested may at any time before the expiration of said ten days ap- pear and by proper proceeding • the validity 'of sueh bonds or assessments. Sucfa action shall be Speedily tried and judgment rendered declaring such matter so ted either valid or invalid. Either party may have the right to appeal to the supreme court at any time within thirty davs after the rendition of such judgment, which appeal must be heard and determined within three months from the time of taking such ap, 69, If no such proceedings shall have bei n brought by the board of directors, thea, at any time within tl davs after the levy of any assessment or issue of any bonds under the provisions of this act, any district ass ment-payer may bring an action in the superior court of the county where the office of the board of directoi located to determine the validity of any such as or such bonds. The board of directors shall be made par- - defendant, and service of summons shall bo made on the members of the board personally. Said board shall have the right to appear and contest sueh action. Such ac- tion shall be Bpeedily tried, with the right of appeal to either party, within the time and manlier herein provided 531 IRRIGATION. Act 172G, §§ 70-74 for the bringing of actions by the board to determine such matters. Such appeal shall be heard and determined in the manner and within the time therein provided. Sec. 70. If more than one action shall be pending at the same time concerning similar contests in this act pro- vided for, they shall be consolidated and tried together. Sec. 71. The court hearing any of the contests herein provided for, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard any error, irregularity, or omission which does not affect the substan- tial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the pro- visions of this act, are applicable to all actions or pro- ceedings herein provided for. The motion for a new trial of any such action or proceeding must be heard and de- termined within ten days from the filing of the notice of intention. The costs on any hearing, or contest herein provided for, may be alloweel and apportioned between the parties, or taxed to the losing party, in the discretion of the court. Sec. 72. No contest of anything or matter herein pro- vided shall be made other than within the time and manner herein specified. Sec. 73. For any willful violation of any express duty herein provided for, on the part of any officer herein named, he shall be liable upon his official bond, and be sub- ject to removal from office, by proceedings brought in the superior court of the county wherein the office of the board of directors of the district is located, by any assessment- payer of the district. EXCLUSION OF LANDS. Sec. 74. The boundaries of any irrigation elistrict now organized or hereafter organized under the provision of this act, may be changed, and tracts of land which were included within the boundaries of such district at or after its organization under the provisions of said act, may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the districts nor such exclusion oJ lands from the elistrict shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; Act 1726, §§ 75, 76 IRRIGATION. 632 nor shall it affect, impair, or discharge any contract, ob- ligation, lien, or charge for or upon which said district was and may become liable or chargeable, had such change of its boundaries not been made, or had not such land been ex- cluded from the district. Sec. 75. The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may jointly or severally file with the board of di- rectors of the district a petition, praying that such tract •>r tracts, and any other tracts contiguous thereto, may be excluded and taken from said district. The petition shall state the grounds and reasons upon which it is claimed that such lands should be excluded and shall de- scribe the boundaries thereof, and also the lands of such petitioner or petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in the case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. Sec. 76. The secretary of the board of directors shall cause a notice of the filing of such petition to be pub- lished for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be so published in a newspaper published within each of said counties; or if no newspaper be published therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the lands proposed to be excluded. The notice shall state the Uiing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or who may be affected by such change of the boundaries of the district, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show SSJ iftfttGATtON. Act 1726, §§ 77, 78 cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. Sec. 77. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall pro- ceed to hear the petition, and all evidence or proofs that may or shall be introduced by or on behalf of the peti- tioner or petitioners, and all objections to such petition that may or shall be presented in writing by any person showing cause as aforesaid, and all evidence and proofs that may be introduced in support of such objections- Such evidence shall be taken down in shorthand, and a record made thereof and filed with the board. The failure of any person interested in said district, other than the holders of bonds thereof outstanding at the time of the filing of said petition with said board, to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be excluded from said district, shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from said district; and the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent by each and all such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof. The expenses of giving said notice and of the aforesaid proceeding shall be paid by the person or persons filing such petition. Sec. 78. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the district that the lands, or some portion thereof, mentioned in the petition, should be excluded from the district, the board shall order that said petition be denied as to such lands; but if the said board deem it for the best interests of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person in- terested in the district show cause, in writing, why the said lands, or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws the same, or upon the hearing fails to establish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district; provided, that it shall be the duty of said board to so Act 1726, §§ 79, 80 IRRIGATION. 534 order, upon petition therefor as aforesaid, that all lands so petitioned to be excluded from said district shall be excluded therefrom which cannot bo irrigated from, or which are not susceptible to, or would not, by reason of being permanently devotf d to as< B other than agricultural, horticultural, vitieultural, er grazing, be directly benefited by the actual irrigation of the same from a common sourc-, or by the same system of works with the other lands or said district, or from the source selected, chosen, or pro- vided, or the system adopted for the irrigation of the lands of said (Jistrict, or which ore already irrigated or entitl d to be irrigated, from another source or by another system of irrigation works. (Am'd. 1905, 27.) Sec. 79. If there be outstanding bonds of the district at the time of the filing of said petition, the holders of such outstanding bonds may give their assent, in writ- ing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as me/y be excluded from said district by order of said board, or the deeree of the superior count as hereinafter provided, may be excluded from the district; and if said lands, or any portion thereof, be thereafter excluded from the dis- trict, the lands so excluded shall be released from the lien of such outstanding bonds. The assent must be ac- knowledged by the Bev« ral holders of such bonds in the same manner and form as is requixi d in case of a con- veyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance. The assent shall be filed with the board, and must be recoidrd in the minutes of the board; ami said minutes, or a copy thereof, certified by the secre- tary of said board, shall be admissible in evidence, with the same effect as the a&dd assent, and such certified copy thereof may be recorded in the office of the county re- corder of the county wherein said lands are situat never filed and said order or decree of exclusion never made; and for the purpose of discharging such outstand- ing indebtedness, said lands so excluded shall be deemed and considered as part of said irrigation district the same as though said petition for its exclusion had never been filed or said order or decree of exclusion never made; and all provisions which may have been resorted to to compel the payment by said lands of its quota or portion of said outstanding obligations, had said exclusion never been accomplished, may, notwithstanding said exclusion, be resorted to to compel and enforce the payment on the part of said lands of its quota and portion of said out- standing obligation of said irrigation district for which it is liable, as herein provided. But said land so excluded shall not be held answerable or chargeable for any obliga- tion of any nature or kind whatever, incurred after tln j tiling with the board of directors of said district of the petition for the exclusion of said lands from the said dis- trict; provided, that the provisions of this section shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of such lands from said district, as hereinbefore provided. INCLUSION OF LANDS. Sec. 85. The boundaries of any irrigation district now organized or hereafter organized under the provisions of this act may be changed in the manner herein prescribed; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made, Sec. 86. The holder or holders, of title, or evidence of title, representing one-half or more of any body of lands adjacent to the boundary of an irrigation district, E37 IRRIGATION. Act 1726, §§ 87, 38 which are contiguous, and which, taken together, consti- tute one tract of land, may file with the board of directors of said district a petition, in writing, praying that the boundaries of said district may be so changed as to include therein said lands. The petition shall describe the bound aries of said parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the peti- tioners, if the petitioners be the owners, respectively, of distinct parcels, but such descriptions need not be more particular than they are required to be when such lands are entered by the county assessor in the assessment book. Such petition must contain the assent of the peti- tioners to the inclusion within said district of the parcels or tracts of land described in the petition, and of which said petition alleges they are, respectively, the owners; and it must be acknowledged in the same manner that conveyances of land are required to be acknowledged. Sec. 87. The secretary of the board of directors shall cause a notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issue of bonds are required by this act to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the change in the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this act. Sec. 88. The board of directors, at the time and place mentioned in the said notice, or at such other time or times to which the hearing of said petition may be ad- journed, shall proceed to hear the petition, and all the objections thereto, presented in writing by any person showing cause as aforesaid why said proposed change of the boundaries of the district should not be made. The Act 1726, §§ 89-91 IRRIGATION. 538 failure by any p< rsou interested in said district, or it: the matter of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as prayi d for in said petition, or to such a change thereof as will include a part of said lands. And the filing of such petition with said board, as afore- said, shall be deenn d and taken as an assent on the part of each and all of such petitioners to such a change of said boundaries that they may include the whole or any portion of the lands described in said petition. Se«. S9. The hoard of directors to whom such petition is presented, may require, ns a condition precedent to the granting of tin Bame, that the petitioners shall severally pay to sucli district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments, had such lands been included in such dis- trict at the time the same was originally formed. " 90. The board of directors, if they deem it not for the best interests of the district that a change of it.< boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district that the boundaries of said district be changed, and if no person U in said district or the proposed change of its boundaries shows cause, in writing, why the proposed change should not be made, or if, hav- ing shown cause, withdraws the same, the board may order that the boundaries of the district be so changed as io include therein the lands mentioned in said petition or some part, thereof. The order shall describe the bound- aries as changed, and shall also describe the entire boundaries of the district as they will be after the change thereof as aforesaid is made; and for that purpose the board may cause a survey to be made of such portions of such boundary as is deemed neeessary. Sec. 91. If any person interested in said district, or the proposed change of its bomdari* s, shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district that tin boundaries thereof be so ehang« d as to include therein 3CS IRRIGATION. Act 171*6. §5 ?--"•« the lands mentioned in the petition, or some part thereof 'he board shall adont a resolution to that p^Vot. J] resolution shall describe the exterior boundaries of tlv lands whieh the board are of the opinion should be in- cluded within the boundaries of the district when changed. Sec. 92. Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district, to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. Such notice shall be given and published, and such election sh£ll be held and con ducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by said act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 93. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall order that said petition be denied, and shall proceed no further in that matter. But if a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order that the boundaries be changed in accord- ance with said resolution adopted by the board. The said order shall describe the entire boundaries of said district, and for that purpose the board may cause a survey of such portions thereof to be made as the board may deem neces- sary. Sec. 94. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and sec- retary of the board, shall be filed for record in the re- corder's office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain an irrigation district, as fully, and Act 1726, §§ 95-9S IRRIGATION. MO to every intent and purpose, as if the lands which arc included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district. Sec. 95. Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary shall record in the minutes of the board the petition aforesaid; and the said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the peti- tion. Sec. 96. A guardian, an executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or ad- ministrator, is entitled to the possession of the lands be- longing to the estate which he represents, may, on behalf of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and ac- knowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed. Sec. 97. In case of the inclusion of any land within any district by proceedings under this act, the board of directors must, at least thirty days prior to the next suc- ceeding general election, make an order redividing such district into three or five divisions, as the rase may re- quire, as nearly equal the size as may be practicable, which shall be numbered first, second, third, and so on, and one director shall thereafter be elected by each division. For the purposes of elections, the board of directors must establish a convenient number of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board may deem necessary. REDUCTION OF BONDED INDEBTEDNESS. Sec. 98. "Whenever the board of directors of an irriga- tion district heretofore organized, or hereafter organized under the provisions of this act, shall determine that the authorized bonded indebtedness of such Lrr ; ;ation district is greater than such district is liable to need to complete its system as planned, and there be no outstanding bonds, the board of directors may call, a special election for the purpose of voting upon a' proposition to reduce such bonded 541 IRRIGATION. Act 1726, §§ 99-1C0 indebtedness to such sum as the board may determine to be sufficient for such purpose. Sec. 99. Notice of the said election shall be given in the same manner as provided in section thirty of said act, in relation to calling special elections for issuance of bonds. The notice of election must state the amount of the authorized bonded indebtedness of such district, and the amount to which it is proposed to reduce the same; also, the date on which said election will be held, and the polling-places, as established by said board of directors. The ballots cast at said election shall contain the words_ "For reducing bonds — Yes," or, "For reducing bonds — Mo." When the vote is canvassed by the board of di- rectors and entered of recftrd, if a majority of the votes cast shall be "For reducing bonds — Yes," then in that event the board of directors shall only be empowered to issue or sell such amount of bonds as was stipulated in the said notice of such special election; but if a majority of said votes are not "For reducing bonds — Yes," then the authority to issue bonds shall remain the same as be- fore said special election was held. Sec. 99y 2 . In case there be outstanding bonds of any district desiring to take advantage of the provisions of this act concerning reduction of bonded indebtedness, the assent of such bondholders may be obtained to such reduction of the bonded indebtedness, in the same man- ner as provided in section seventy-nine of this act. If such assent is obtained in the manner therein provided, then, and in that event, such district shall be empowered to take advantage of all the provisions of this act, but not otherwise. No reduction of the bonded indebtedness, as in this act provided, shall in any manner affect any order of court that may have been made, adjudicating and confirming the validity of said bonds. LEASE OF WATEE. Sec. 100. Whenever any irrigation district, heretofore organized, or hereafter organized under the provisions of this act, in the development of its works as by law pro- vided, may have opportunity, without increased expen- diture, to utilize the water by it owned or controlled, for mechanical purposes not inconsistent with the provisions of said act, the board of directors may lease the same, as in this act hereinafter provided. , SS 101-10." IRRIGATION. 54J Sec. 10L Whenever the board of directors may desire to lease th< use of water, as hcreiub. fore stated, they shall pass B resolution of intention to So lease the same. Immediately thereafter the secretary shall cause notice neb intention to be gTV< n by publication in one news- r published in each eounty in which lands of the district ai r at least twenty days (provided, a newspaper is published therein, otherwise in any news- t the board ol directors may select), and, if the board thinks proper in such other newspapers as may be ill rined advisable, calling fet bids for the of said water tor the purposes hereinbefore mentioned Baid notice shall state that the board will reci ive sealed proposals therefor, that the lease will be let to the highest respon- sible bidder, stating the time and place of opening said proposals. . 102. At the tinir and place appointed the board shall proceed to open the proposals in public As soon thereafter as may be oomvenieat the beard shall let said Lease in portions, or as a whole, to the highest responsible bidder, or tiny may reject :my or all bids, and read\a rtiso for proposa Is for t he same. \ 103. The rental accruing upon said lease may vary from year to rear, as slmll be specified in said lease, and ihall be payable semi annua llv, ofl the thirteenth day of De- cember and thirtieth day of dune of each year. All moneys Collected, as in this act provided, shall be paid into tin treasury, and be apportioned to such funds as may he deemed advisable. Si c. 10t. The bi ard shall have power, as in this act provided, to execute a lease for any period not exceeding twenty-five years. Tf at any time tin rental shall not be paid on the days hereinbefen mentioned, the amount of Such rental then due shall be doubled, and if not paid within ninety days thereafter, the said lea* Email be forfeited to said district, together with any and all works constructed, owned, used, or controlled by said lessee. Sec. 105. bpon the letting of any lease, as in this act provided, the board may require the les>. e to execute a bond for the faithful performance of the covenants of said lease, or give such other evidence of good faith as in their judgment may be necessary. 'M IRRIGATION. Act 1726. §§ 106-1 j< DESTRUCTION OF UNSOLD BONDS. Sec. 106. Whenever there remains in the hands of the board of directors of any irrigation district heretofore organized, or organized under the provisions of this act. after the completion of its ditch system, and the payment of all demands against such district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of funds for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds, or so many of them as may be deemed best, or may submit such proposition at a general election. Sec. 107. Such election shall be held in the same manner as other elections held under the provisions ot this act. A notice of such election shall be given in the same manner as provided in section thirty of this act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded indebtedness of such district authorized by the vote of the district, the amount of the bonds remain- ing unsold, and the amount proposed to be destroyed, and the date on which such election is proposed to hi held, and the polling-places as fixed by the board of directors. The ballots to be cast at such election shall contain the words "For destroying bonds — Yes," and "For destroying bonds — No," and the voter must erase the word "No" in ease he favors the destruction of bonds, otherwise the word "Yes." Sec. 108. When th>. vote is canvassed by the board of directors and entered of record, if a two-thirds majority of the votes cast should be found to be in favor of the destruction of such bonds, then the president of the board, in the presence of a majority of the members of the board, must destroy the bonds so voted to be destroyed; and the total amount of bonels so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall thereafter be reprinted or reissued. SAVING CLAUSES. Sec. 109. Nothing in this act shall be so construed as to affect the validity of nny district heretofore organized under the laws of this state, or its rights in or to nrop< riy, Act 17-7, § 1 IRRIGATION. 644 or any of its rights or privileges of whatsoever kind or nature; but said districts arc hereby made subject to the provisions of this act so far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for, or upon which it was or might become liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have bi i n issued but not sold; nor shall it effect any action which now may be pending. Sec. 110. Nothing in this act shall be construed as re- pealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or water com- missioners, i x--.pt Bueh as may be contained in the act, an act entitled an act to provide for the organization and government of irrigation districts, and to provide for tie- acquisition of water and other property, and for the distri- bution of water thereby for irrigation purposes, approved March seventh, eight) en hundn d and eighty-s< veil, and the subsequent acts supplementary thereto, and amendatory thereof, all of which acts, so far as they may be incon- sistent herewith, are hereby repealed. Sec. 111. This act shall take effect from and after its passage and approval. ACT 1727. An act to provide for the issue and sale or exchange of fund- ing bonds of irrigation dial nized under and in pursuance of an act of the legislature of the state of California entitled "An act to provide for the organiza- tion and government of irrigation districts, and to pro- vide for t lie acquisition of water and other property, ami for the distribution of water thereby for irrigation pur- poses,'' approved March 7, 1887, to provide for the pay- ment of such bonds, and for proceedings to test the \ ar- idity of the same. [Approved April 1, 1897. Stats. 1897, p. 394.] Amended 1901, 514. Sees. 5-10 repealed 1901, 514. The people of the state of California, represented in senate and assembly, do enact as follows': Section 1. Whenever an irrigation district Organized under tie- ■ of an act entitled "An act for the organization and government of irrigation e kept, oac< b week for at least three successive weeks before such election. Such notice must specify the lime of holding tie elect ion, the amount of bonds proposed to be issued, the amount of bonds, coupons, or other evidences of Silliness proposal to be refunded, together with a gen- eral description of the same. Said election shall be held and the r>Mdt thenar' determined and declared in all respects as rly as practicable i mformitv with the provisions gov- erning the election of officers; as provided by the law govern- ing irrigation distri<'ts at the time of the holding of the elec- tion herein provided for; provided, that no informalities in conduc t i ng race an election shall invalidate the same, if the- election shall have been otherwise Fairly conducted. At such election the ballot shall contain the words "Bonds — Y or "Bonds — No," or words equivalent thereto. If two thirds of the votes cast at such election are " Bonds— Yes, " the board of directors shall direct and cause bonds in Wld amount to be issued. Tf more than one third of the votes cast at such "lection are "Bonds — No,'' the result of such election shall be so declared. The result in either ease shall be duly entered of record. [Amendment approved March 16, 1901. Stats. 1901, p. 514. In effect immediately.] Sees. 5, ft, 7, 8, 8, 10. Repealed. | Act approved March 16, 1901. Stats. 1901, p. 515. In effect immediately.] Sec. 11. If said bonds are directed to be issued as Here- in provided for. the board of directors shall cause the s.rme to be issued. Said bonds shall be made payable in gold coin of the United States, and in twei as follows, to wit: < )n the first day of January after the expiration of twenty years, five per cent of the whole amount of said bonds, and on the first day of January of each year thereafter, an equal amount of such bonds until all shall have been finally paid; thai is, five per cenl of the whole issue of bonds — not five per cent of each bond -each being wholly payable when due. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually ou the first f the county in which said property is sit- !. in the honk of deeds, and the record thereof shall hav. i • fifed as that of a dt onveyance of the interest conveyed by s;iid dee,! nr certificate of sale. Sec. 2. This act shall take effect immediately. ACT 1729. An act to provide for the leasing and disposition of water for generation of power for mechanical purposes, by irrigation districts organized or to be organized under and pursuant to an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, .and fur the distribution of water thereby for irrigation purposes,*' approved March 7, M [Approved March 23, 1893. Stats. 1893, p. 295.] !<37. J54. spcs. 100-105, pp. r,4I. 541, post. ,n 1. Whenever any irrigation district formed, or to be formed, under and pursuant to the provisions of an entitled "An act to provide for the organization and . niment of irrigation districts, and to provide for the ! water and other property, and for the dis- tribution of water thereby for irrigation purposes,'' ap- proved March seventh, eighteen hundred and eighty seven, in the development <>f its works, as in said act provided, may have opportunity, without increased expenditure, to utilize the water by il >i controlled for mechanical purposes not inconsistent with the provisions of said act, the board of din dors may lease the same, as in this acl hereinafter provided Sec. 2. "Win never the board of directors may desire to lease the use of water, as hereinbefore stated, they m IRRIGATION Act 1729. §§-« shall pass a resolution of intention to so lease the same. Immediately thereafter the secretary shall cause notice of such intention to be given by publication in one news- . paper published in each county in which lands of the district are situated for at least tw< nty days (provided, a newspaper is published therein, otherwise in any news- paper the board of directors may select), and in such news- papers as may be deemed advisable, calling for bids for the leasing of said water for the purposes hereinbefore men- tioned. Said notice shall state that the board will receive sealed proposals therefor, that the lease will be let to the highest responsible bidder, stating the time and place of opening said proposals. Sec. 3- At the time and place appointed the board snail proceed to open the proposals in public. As soon there- after as may be convenient the board shall let said lease in portions, or as a whole, to the highest responsible bidder, or they may reject any or all bids, and readvertise for proposals for the same. * Sec. 4. The rental accruing upon said lease may vary from year to year, as shall be specified in said lease, and shall be payable semi-annually, on the thirtieth day of De- cember and thirtieth day of June of each year. All moneys collected, as in this act provided, shall be paid into the treasury, and be used in the manner provided in section thirty-four of said act, except that the period of ten years, as mentioned in said section thirty-four, shall not be ap- plicable to the provision of this act; provided, however, that if any coupons on any outstanding bonds of such district are at any time due and payable, and there shall for any reason not be sufficient funds in the interest fund to pay the same, the proceeds so collected, as in this act provided, may be used to pay the same. Sec. 5. The board shall have power, as in this act pro- vided, to execute a lease for any period not exceeding fifty years. If at any time the rental shall not be paid on the days hereinbefore mentioned, the amount of such rental then due shall be doubled, and if not paid within ninety days thereafter, the said lease shall be forfeited to said district, together with any and all works constructed, owned, used, or controlled by said lessee. See. 6. Upon the letting of any lease, as in this act provided, the board may require the lessee to execute a Act ::m, §§ 1-4 IRRIGATION. bond for the payment of the rental, anil propel performance of the said lease, or give Buch other evidence of good faith as in their judgment may be necessary. Sec. 7. This act shall take effect immediately. ACT 1730. An act declaring upon what terms contracts between per- sons, companies, associations, or corporations furnish- ing water for irrigation to the consumers of such water i| be valid, and to provide that Buch contracts shall be deemed based upon sufficient consideration. [Approved March 16, 1901. Stats. 1901, p. 331.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It is and shall bo lawful for any person, com- pany, association, or corporation, furnishing for sale, rental, or distribution any appropriated waters for purpose of irrigation, to enter into contracts with individual consumers of such water or with bodies »i BUCh OOnflomeTB, relating to the sale, rental, or distribution of such water, or any there- of, which contracts, 3ubjee1 to the restrictions hereinafter declared, shall be valid to all intents and purposes, any law or rule to the contrary notwithstanding. Sec. 2. No such contract shall provide for the Bale, rental, or distribution of any Buch water at any rate exceeding the established rates fixed and regulated therefor by the board of supervisors of the proper counties, or fixed and Mished by Buch person, company, association, or cor- poration, as provided by law. Sec. 3. Nothing in this act contained shall be construed to authorize or make valid any contract not made for a valuable consideration; but an agreement on the part of such person, company, association, or corporation to sell, rent, or distribute any water to a consumer, without pay ment in advance therefor, or upon any other terms to which such consumer is not otherwise lawfully entitled, shall lie deemed and taken to be a valuable and sufficient considera- tion for such contract. Sec. 4. Nothing in this act contained shall affect any contract made prior to the time that the board of super- visors fix and establish the rates and regulations for and under which water shall be sold and supplied. 553 IRRIGATION'. Act 1T31, §§ 1, 2 Sec. 5. This act shall take effect and be in force from and after its passage. ACT 1731. An act to provide for the dissolution of irrigation districts, the ascertainment and discharge of their indebtedness, and the distribution of their property. [Approved February 10, 1903. Stats. 1903, p. 3.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any irrigation district organized under the provisions of an act entitled, "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seven, eighteen hundred and eighty-seven, and all acts supplementary thereto, or amend- atory thereof, including an act entitled, "An act to pro- vide for the organization and government of irrigation dis- tricts, and to provide for the acquisition or construction thereby of works for the irrigation of lands embraced with- in such districts, and, also, to provide for the distribution of water for irrigation purposes," approved March thirty- one, eighteen hundred and ninety-seven, may be dissolved in the manner hereinafter provided. Sec. 2. A majority in number of the holders of title, or evidence of title, to real property in any irrigation district, and a majority in value of said property according to the equalized assessment roll of said district for the year last preceding upon which any assessment has been made, may propose the dissolution of said district by a petition signed by such majority, which petition shall set forth the amount, of the outstanding bonds, coupons, and other indebted- ness, if such there be, together with a general description of the same, and the holders, so far as known, showing the amount of each description of indebtedness and the own- ership, so far as known, of the same. Also the estimated cost of the dissolution of said district. Said petition shall also state the assets of said district, including irrigation system, if any, dams, reservoirs, canals, franchises, water rights, a detailed statement of all the lands sold to. the district for assessments, and the amount of the assess- ments on each parcel of land sold, also all assessments un- \. t 17 i IRRIOAT* >N ^ p:,i,i, :,n.i tin amount arson oMb lut ox 1 1 .1. t of l.-iu.l. ;aud all other listrictj and n bbs* atry proposition Baa been made by th< holders of Baid indebtedness to Bettle i proposition, together with any plain proposed urry the uuae into execution, shall be iac&uoad m said p. til .;. Upon tin filing oi said petition with the board ,,, directors "' - '"' l ■ s: '" 1 boai& shall call a special election, at which Bhall be submitted to the electors of such rid the questman wnetfee* oj ool said district snail be Liquidated, and its dis tributed in accordanci with the plan so proposed, or in i ao pbiii has been proposed, then in accordance with a plan b B ii a i] be proposed l-y aaid board of directors in the notice "i" tin election, but no such election shall be called Ullt ;• all the known holders ol valid indebted- ,!l be obtained or provision shall be madi in said plan for the payment of such non-assenting llu l,. h i leetion musl b< given by posting notices in three public places in each election pn.-ui.t ,T at 1. ast tW< nty .lays, an-1 also l.y ptlfc Licption of sUch notice in Borne newspaper published In the county where the office of the board of directors is required I , ' K , ,,,, oi : ■" •' :ist thr "- successive w< before Buch election. Such notices must specify the time fan tnat it is proposed to aoive the district, and a brief summary of th< plan pro- ,.1 fa liquidating its indebtedness and disposing ..f its . ta said eh ction shalJ be held and the r. suit th.-not ,.,,,,,. ,1 an.l declared in all respects as nearly as prac- ticable in conformity with th. pi oing th. election of officers in irrigation districts. At such ele< t ne i,,i!,,t shall contain the words "Dissolution oJ the dis tr i,. ; ilution of the district— No," or words equivali at tin l. In case upou such canvass it is found and de ,.p', r , ,| by said i :h;,f ,wo « llir,ls " f tn ' rotes cast at such election shall be .-ast in favor of " solution of the district— Yes, ' then the said board ol di- rectors shall till a petition in the superior court -it the county wherein is located tin office of Buch board to termine the validity oJ I cdings had and of tn. proposed plan for the dissolution of said dirtri ',n shall be in the nature of a pro,-. .din- in rem, and Jurisdiction of all pan its may be had by pub j5 5 IRRIGATION. Act 1731. § § 5. 6 lication of a notice of the pendency of the proceeding for at least once a week for three weeks in some paper of general circulation published in the county where the ac tion is pending; provided, that if the property of the district is situate iu more than out county then the pub- lication shall be made in one paper in each county wherein the same is situate, such paper or papers to be designated by the court having jurisdiction of the proceeding; juris- diction shall be complete in thirty days after the com- pletion of such notice in the manner herein provided. Any one interested may at any time before the expiration of said thirty days appear and contest the validity of the proceedings already had and of the plan proposed for the dissolution of said district, or any portion thereof, includ- ing the validity of any portion of the indebtedness set out in said petition, and the court may determine the validity of any sales for assessments, and may determine the amount of any assessment or assessments due upon the various parcels and lots of real estate within said district, and may determine the amount of any assessment or assess- ments theretofore paid upon the various parcels and lots of real estate therein, and may in said proceeding adjust and determine the rights and liabilities of all parties. Such action shall be speedily tried ond judgment rendered. Either party shall have the right to appeal at any time within thirty days after the entering of such judgment, and the appeal must be heard and determined within three months after the taking of such appeal. Sec. 5. Said petition to the superior court shall set forth the facts required to be set forth in the petition to the board of directors and all the proceedings therein, and at the hearing the court shall hear and determine the regu- larity, legality, and correctness of all proceedings, and in doing so shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. The rules of pleading and practice in the Code of Civil Pro- cedure not inconsistent with the provisions of this act arc- made applicable to the proceeding herein provided. The costs of any contest may be allowed and proportioned be- tween the parties or taxed to the losing party in the dis- cretion of the court, and no contest of any matter or thing herein provided for shall be made other than in the time and manner herein specified. Sec. 6. If no such proceeding shall have been filed by the board of directors within thirty days after the can- Act 1731, §§ 7-9 IRRIGATION. 5M vass of said vote, then any district assessment-payer may bring an action in the superior court of the county wherein the office of the board of directors is located. The board of directors shall be made parties defendant and notice shall be served on the members of the board per- sonally, if they can be found in the state, if not, then service by publication as provided in section four, shall be sufficient. Proceedings shall be had in the same manner and with the same effect as if brought by the board of directors. Sec. 7. A corporation may be organized under general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises and water rights, which corporation shall have all the powers, rights and franchises of cor- porate bodies organized under general laws, and in addi- tion shall have such further powers as may be necessary to possess and carry on said irrigation system and exercise such franchises and water rights. Sec. 8. The court in its decree shall have power to make the orders necessary to carry out said proposition for the discharge of the indebtedness and distribution of the property of said district, including the right to appor- tion any indebtedness found due, and to declare said portions liens upon the various parcels and lots of land within the district, and may decree a sale of its assets in such manner as may effectuate said proposition and as the said court may judge best, either in one lot or in such parcels as may be provided, and may provide for convey- ance of said irrigation system, including dams, reservoirs, eanals, franchises, and water rights, and also of any other assets of the district, including lands sold thereto and tho assessments due it. Sec. 9. The amounts of any assessment or assessments found due upon the various parcels and lots of real estate within said district, and the amounts for which sales have been made, which sales have been determined to be valid by said court, together with legal interest from the date of said sales and from the time when said assessments become delinquent, shall be liens respectively on the lots and parcels affected thereby, and the purchaser or pur- chasers at said sale may foreclose the same by action in the superior court, and shall in said action join all lots, assessments, and sales which may have been purchased by him and which remain unredeemed. A redemption may 657 JUDGMENTS. Acts 1732-1746 be made at any time by payment of the amount due to the clerk of the court for the use of the district if before sale, and for the use of the purchaser if after sale, and the clerk shall thereupon enter a minute of said payment, which payment shall be in the discharge of said lien. Redemption from the lien created for any portion of the indebtedness can be had in this manner. Sec. 10. Whenever all the property of such irrigation district shall have been disposed of, and all the indebted- ness and obligations thereof, if any there be, shall have been discharged, the balance of the money of said district shall be distributed to the assessment-payers in said district upon the last assessment roll in the proportion in which each has contributed to the total amount of said assessment, and the court shall enter a final decree de- claring said district to be dissolved. Sec. 11. This act shall take effect immediately. TITLE 234. JEWISH ORDER OF KESHER SHEL BARSEL. ACT 1736. Concerning ancient Jewish order of Kesher shel Barsel. [Stats. 1867-8, p. 201.] Repealed, sec. 288, Civ. Code. This act conferred corporate powers on the above order. See the note to act 632, ante. TITLE 235. JUDGES OF THE PLAINS. ACT 1741. Concerning judges of the plains and defining their duties. [Stats. 1851, p. 515.] Amended 1S57, 158; 1863. 497. Continued in force by codes: Penal Code, sec. 23, and Political Code, sec. 19. TITLE 236. JUDGMENTS. ACT 1746. An act to provide for the payment of judgments against counties, cities, cities and counties, and towns. [Approved March 23, 1901. Stats. 1901, p. 794.] Act IT-iH. 55 1-4 JUDGMENTS. 658 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All final judgments now existing or that may be obtained hereafter against any county, city and county, city, or town of the state of California, shall be paid by the treasurer of such county, city and county, or town, as hereinafter provided. Sec. 2. It shall be the duty of the county clerk to file with the auditor and to furnish the board of supervisors, town trustees, or other board or body authorized by law to levy taxes, a complete list of all existing final judg- ments against such county, city and county, city, or town, of record in his office, at least fifteen days before the day on which any tax levy must by law be made. Sec; 3. It shall be the duty of the auditor to examine and audit the final judgments so reported by the county clerk, and to certify the amount of such final judgments to the treasurer within five (5) days from the day on which such list of final judgments is filed with him. There- upon, the board of supervisors, city council, town trus- tees, or other board of officers, as the ease may be, having authority to levy taxes upon the taxable property of such county, city and county, city, or town, must include in the tax levy for the next fiscal year a rate or sum sufficient to pay all final judgments existing against such county, city and county, city, or town. The omission to include the amount of any existing final judgment in the tax levy for any year, shall not of itself invalidate the tax levy as made, but such omission or omissions must be included in the next tax levy; provided, that the board of super- visors or other board or officers having authority to levy taxes may provide for the payment of such final judg- ments when so audited by including in the tax levy for the next fiscal year an aliquot part or fraction of the amount of such judgments, and thereupon the treasurer shall pay to each judgment creditor a like aliquot part or fraction of the amount of the judgment of the creditor, and thereafter a like aliquot part or fraction of the amount of such judgments shall be levied and paid each successive year until the whole thereof shall he fully paid; but such fractional levy and paym< nt shall in no case be less than one-tenth (1-10) of the whole amount of such judgments. Sec. 4. This act shall take effect immediately. 539 JURORS— JUSTICES OF THE PEACE. Acts 1747-1757 ACT 1747. An act prescribing how judgments which may be recov- ered against any city and county of over one hundred thousand population shall be paid. [Approved March 26, 1895. Stats. 1895, p. 163.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All existing judgments against any city and county of over one hundred thousand population shall be paid by the treasurer of such city and county, out of the or any general fund thereof, after the same shall have been audited by the auditor, auditing officer, board, or other auditing officer or officers, and it is hereby made the duty of the board of supervisors and mayor of such city and county to include in the tax levy for any fiscal year a sum sufficient to pay existing judgments. Sec. 2. This act shall take effect and be in force im- mediately after its passage. Apparently restricted to existing judgments. TITLE 237. JUEOES. ACT 1752. For the payment of the fees due to trial jurors who have served as such in the superior court of any county or city and county of this state, under the act of 1895. [Stats. 1901, p. 684.] TITLE 238. JUSTICES OF THE PEACE. ACT 1757. Fixing the jurisdiction and providing the compensation of justices of the peace in cities and towns. [Stats. 1883, p. 63.] Superseded by Code of Civil Procedure, sec. 103, as amended 1SK»1, 100. This act appears in full in Code of Civil Procedure, Appendix, p. V.7. Act 1758, §§ 1, 2 JUSTICES OF THE PEACE. 6«0 ACT 1758. An act to provide for the amount and the manner of payment of salaries of justices of the peace in coun- ties of the tenth class for services rendered by them in criminal cases, and providing a method of ascer- taining the population of the townships for the purpose* of this act and to provide a cashier in the office of the tax collector, and a file clerk in the office of thy county clerk, and repealing all laws in conflict there- with. [Approved March 19, 1903. Stats. 1903, p. 217.] The people of the state of Califcrnia, represented in senate and assembly, do enact as follows: Section 1. In counties of the tenth class justices of the peace shall receive as compensation, for the services re- quired of them by law, tin- following monthly salaries to be paid i aeli month as salaries of other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of six thousand and over, ninety dollars per month. In townships having a population of two thousand and less than six thousand, seventy-five dollars per month. In townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars per month. In townships having a population of eight hundred and less than one thousand five hundred, thirty-five dollars per month. In townships having a population of five hundred and less than eight hundred, twenty dollars per month. In townships having a population less than five hundred, fifteen dollars per mouth. In addition to the above salaries each justice of the peace shall collect, for his own use, in civil cases, such fees as are now or may hereafter be allowed by law. Sec. 2. The population of townships shall, for the pur- pose of this act, be determined by multiplying the num- ber of voters registered in such township at the last pre- ceding election, by five. 561 JUTE GOODS— JUVENILE COURT. Acta 1763-1763 Sec. 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. Sec. 4. In the office of the county tax collector of counties of the tenth class there shall be a cashier to be appointed by and Bold office at the pleasure of the county tax collector and the compensation of such cashier shall be nine hundred dollars per annum. Sec. 5. In the office of the county clerk of counties of the tenth class a filing clerk shall be appointed by and hold office at the pleasure of the county clerk and the com- pensation of such filing clerk shall be nine hundred dollars per annum. Sec. 6. This act shall take effect and be in force from and after its passage. TITLE 239. JUTE GOODS. ACT 1763. Appropriation for the establishment of a permanent fund for the purchase of jute to be manufactured at the state's prison. [Stats. 1885, p. 53.] ACT 1764. Fixing the price and conditions of sale at which jute goods shall be sold by the state. [Stats. 1893, p. 54.] Amended 190s, 532. TITLE 240. JUVENILE COUET. ACT 1769. Defining and providing for the control, protection, and treatment of dependent and delinquent children; pre- scribing the powers ■ and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; provid- ing for the appointment of boards to investigate the qualifications of organizations receiving childrea under Gen. Laws— 36 Acts 1774-1786 KAWEAH RIVER— KERN COUNTY. S62 this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence. [Approved February 26, 1903. Stats. 1903, p. 44; Am'd. 1905, 806.] This act appears in full in the Penal Code, Appendix, p. 623. TITLE 241. KAWEAH RIVER. ACT 1774. Board of commissioners for Kaweah River, Tulare County. [Stats. 1863-4, p. 167.] Amended 1865-6, 314. TITLE 242. KEEPER OF ARCHIVES. ACT 1779. To provide for the appointment by the secretary of state of a keeper of archives, and define his duties, and fix- ing his salary. [Stats. 18S9, p, 451.] TITLE 243. KERN COUNTY. ACT 1784. Assessor, act fixing salary and bond of. [Stats. 1875-6, p. 172.] Superseded by County Government Act, 1897, 621, 535, sees. 170, IS- ACT 1785. Issuance of bonds by, to pay the indebtedness of said county. [Stats. 1875-6, p. 645.] ACT 1786. County auditor and county recorder, separation of offices of, and regulation of official salaries in. [Stats. 1875-6, p. 151.] Amended 1875-6. 363; 1877-8, 104. Repealed by County Government Act, 1897, 535, sec. 182. M3 KEYES CREEK— KINGS COUNTY. Acts 1787-1803 ACT 1787. Transfer of funds of. [Stats. 1873-4, p. 472.] Amended 1875-6, 249. Superseded by subd. 18, sec. 25, County Gov- ernment Act, 1897, 463. ACT 1788. Begulating traveling fees of sheriff of. [Stats. 1871-2, p. 141.] Amended 1875-6, 45. Repealed 1878, 559. ACT 1789. Traveling fees of sheriffs of. [Stats. 1877-8, p. 559.] Repealed by fee bill of 1S95, 269. ACT' 1790. To provide one additional judge of the sup?rior court of the county of Kern. [Approved February 17, 1903. Stats. 1903, p. 30.] ACT 1791. Tax collectors, bonds of. [Stats. 1875-6, p. 16.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 1792. Treasury of, salary of. [Stats. 1873-4, 236.] Amended 1877-8, 255. Repealed by County Government Act, 1897, 452. ACT 1793. Water ditches and water privileges in. [Stats. 1875-6, 547.] TITLE 244. KEYES OttEEK.' ACT 1798. Arroyo del San Antonio (Keyes Creek), declared navigable. [Stats. 1860, p. 126; 1873-4, p. 564.] See Political Code, sec. 2319. TITLE 245. KINGS COUNTY. ACT 1803. To create the county of Kings, to define the boundaries thereof, to fix the county seat thereof, and to provide for its organization and election of officers, and to Acts 1808-1827 KLAMATH COUNTY— LABOR STATISTICS. 554 classify said county. [Approved March 22, 1893. Stats. 1893, p. 176.} TITLE 246. KLAMATH COUNTY. ACT 1808. Ampniled and supplemented 1875-6, 603. Annexed to Humboldt and Siskiyou. [Stats. 1873-4, p. 755.] TITLE 247. KLAMATH RIVER. ACT 1813. To declare the Klamath River navigable. [Stats. 1880, p. 136.] Repealed 1891, 10. TITLE 248. KNIGHT'S LANDING. ACT 1818. To prevent hogs and goats running at large in. [Stats. 1871-2, p. 438.] Probably repeal, M by s.c. 9, statute of 1897, p. 198. TITLE 249. LABORERS. Hours of labor: See title Hours of Labor, ante. ACT 1823. To protect the wages of labor. [Stats. 1867-8, 213.] Amended 1871-2, 205. This act made laborers preferred creditors. It wai superseded Dy the Code of Civil Procedure, sees. 1204-1207. TITLE 250. LABOR STATISTICS. ACT 1827. An act directing the commissioner of the bureau of labor statistics to collect certain statistics, and present them 565 LAKE BlGLER— LAKE COUNTY. Acts 1828-18'!9 in biennial reports, and making it the duty of certain officers to furnish such statistics in compliance with the provisions of this act. [Approved March 18, 1905. Stats. 1905, p. 109.] Section 1. The commissioner of the bureau of labor sta- tistics is hereby directed, in addition to his other duties, to collect and present in his biennial report to the legisla- ture, statistics relating to marriage, divorce, and crime. Sec. 2. It is hereby declared to be the duty of all officers of each respective county, city, or city and county, in addi- tion to their other duties, whose duty it is to keep a rec- ord of marriage, divoree, or crime, and they must furnish to the commissioner of the bureau of labor statistics, upen his request, whatever data it may be necessary for said com- missioner to acquire in complying with the provisions of sec- tion one of this act. Sec. 3. This act shall take effect and be in force immedi- ately upon its passage and approval. _CT 1828. To establish and support a bureau of labor statistics. [Stats. 1883, p. 27.] Amended 18S9, 6; 1901, 12. TITLE 251. LAKE BIGLER. ACT 1833. To legalize the name of Lake Bigler. [Stats. 1869-70, p. 64.] TITLE 252. LAKE COUNTY. ACT 1838. Authorizing issuance of bonds by, to pay a judgment against the county. [Stats. 1875-6, p. 209.] Amended 1875-6, 405. ACT 1839. Concerning salary of district attorney. [Stats. 1871-2, p. 441.] Repealed by County Government Act, 1S97, 562, sec. 203. Acts 1840-1865 LAKE EARL-LAKEPORT. W, ACT 1840. Transfer and loan of certain funds in. [Stats. 1873-4, p. 349.] ACT 1841. Fees and salaries of officers of. [Stats. 1875-6, p. 599.] Amended 1877-8, 266. Repealed by County Government Acts, 1897, 562, sec. 203. ACT 1812. Roads and highways in. [Stats. 1875-6, p. 385.] Repealed 1S83, 5, chap. X, sec. 2. ACT 1843. Restricting sheep tr claims shall be itemized in the same manner as are other claims against the county. Sec. 12. The board of supervisors of such county shall have the same supervision and the same control, and exi r cise the same authority, over the affairs and property of such district as are given to the said board of supervisors by law over the property and affairs of the county. No levees, dikes, or other works must be constructed or repaired except on the order of the board of supervisors, ami when such repair or construction, will excee.l (lie sum of $500."00 the same must be repaired or constructed under a coritraci let after reasonable notice given by the said board of super- visors, by publishing said notice a least once a week for two weeks in a newspaper published and circulated in Baid county, and designated by sard board. All bids shall be sealed; and shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be enter* .< into and approved by the board of supervisors; ex however, in cases of great emergency, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all levees, dikes, or other works of whatever nature, without notice. Prior to the publication of the notice of the letting of any contract for the i rection or repair of dikes, levees or other works the board of supervis- ors must cause to be prepared by a competent engineer, plans, specifications, and working details of such work, which said plans and specifications shall be adopted by the hoard of supervisors and filed in the office of the clerk of sail board, and shall be subject to inspection by any person for at least two weeks prior to the date of the letting of such contract. The board of supervisors must appoint an engineer 570g LEVEE DISTRICTS. A.ct 1913, §§ 13-15 to superintend the construction, repair or other work to be done under such plans and specifications and no claims shall be allowed for any work done under any contract let under such plans and specifications without a certificate being first filed in the office of the clerk of the board of supervisors signed by said engineer certifying that such work has been completed and constructed according to such plans and specifications, and the terms of the contract; such engineer shall be paid such compensation as may be agreed upon by said board of supervisors and such compensation shall be paid in the same manner as other claims against said dis- trict. Sec. 13. The board of supervisors shall have power to appoint a superintendent for said district whenever said board of supervisors shall deem such superintendent neces- sary, to supervise, care for and make necessary repairs of all levees, dikes, and other works of said district under the supervision and direction of said board. The compensation of such superintendent shall not exceed the sum of $50.00 per month and he shall hold his position subject to the will of said board. Provided, that whenever the said board of supervisors shall deem it necessary the said board shall have power to employ a competent engineer and an attorney or attorneys at such compensation as may be agreed upon, to perform any and all necessary engineering, and legal work for said district. The compensation of such engineer, at- torney or attorneys and such superintendent shall be paid the same as other claims against the said district. Sec. 14. Whenever said board of supervisors shall con- sider that the construction or repair of dikes, levees, or other works of said district along or upon any of the county roads of such county, will be for the mutual benefit of such district and such county, then, in that event, the said board of supervisors shall have power, and may contribute to the expense and cost of such work, such sums of money as they may deem proper on behalf of the county, and such moneys shall be paid out of either the general road fund or the special fund of anj' road district or in which said work is done, and as a majority of said board of supervisors may determine. Sec. 15. If at any time in the opinion of the board of supervisors the expenditure of money is absolutely necessary to the welfare of such levee district, and there is no money the fund of such district to make such necessary expen- itures, or the money in such funds is insufficient to make such necessary expenditure, then the board of supervisors .IOT8. ma\ at of the genera.) f\md of the com' tfl soon a- ■ so :\ '■ I the county ' ■.< county • the fund of - a sum sufficient to repay the r r« peal or mai; riinnge or f>>r : as nn in • such dife - re iiioct ft] ' the partiee inters ACT 1911. To and government of levee I • ■ of itnui - r.ama of uater. ir confine running stream* to a fixe*] channel. [Ap] W$, p- 111.] ACT Fuba, Sutter, and lM.i I ■*, to orgnnire a levee dis- • in, and I .11. [8tat*. 1877-8, p. 732.] ACT 1916. To <•• . Sacramento Connty, and to for its g •.. [Stat- p. 8-"3.] Amended 1880. 65. ACT 1917. iry to an act entitled "An act • proridla for the govern otlicers for s:ii.l . inding the floating debt, and refunding the funded d< bt thereof. [Slata. li>*J3, p. 199.] An.' 286. ACT 1918. To define the boondarj and provide for the government of number nix of Sutter County, California. [Stats. 1891, p. 237.J 571 LEVEE DISTRICTS. Acts 1919-1921, § t ACT 1919. To provide for funding the indebtedness of levee dil number six, of Sutter County, a ir tin payment of such funded d< bt. [Stats. 1891, p. 235.] ACT T920. Providing for the payment of all moneys in tl>. gfete tren- nry to the credit of swamp Innd district funds to the treasuries of the counties wherein the s:iiond fund, and shall he used for the payment of bonds and inti rest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and Special account thereof, which at all times shall show the exact condition of said bond fund. Sec. 4. Whenever there shall be in the bond fund of such district a surplus of five hundred dollars or more, over and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed and pub- lished in the county in which such district is situated, stat- ing the amount of such surplus, and that on the day and hour named in such notice, sealed proposals will be re- ceived at his office for the surrender of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered at par, or less, sufficient to exhaust the amount on hand applicable to redemption, the treasurer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numbers thereof, and that if not presented for redemption within thirty days after the date of the first publication of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the pay- ment of such bond or bonds whenever presented. If any such bond be not so presented, interest thereon shall cease, and the amount due thereon shall be set aside as specified in said notice. All redemption of bonds other than those voluntarily surrendered shall be made in the exacl order of their issuance, beginning with the lowest or first number. Sec. 5. This act shall take effect immediately. Acts 1926- ia39 • TITLE 265. LEA ACT 1926. Lexington, 1 .run.' changed to El ' ; . W4.1 TITLE 266. Lll ACT 1931. iml slander. [Stats. 1871-2, Cal. I y. 130: 78. ... n. 4S. iv.xjodure. \ppendU. p. : f r csU It was n ■•: 1 by the Code of Civil ith v. McDcrmott, U Cal 421.) TITLE 267. LI' ACT 1936. To provide ( for ignore. [8tata. • 1'- •*] Amended WW. I ■<*. Ml; IS6T. 80. Ul. J60; IBS*. ML v. Nag-loc, 1 Cal. £32; L-sloncr's Not*. ACT 1937. To prohibil tl licenses to sliens not i-ligih. \. yuunj; Op l^utis,. L.. J -Je, sec. 3666. as amended I'jOI. 636."— Code Com- ACT 1938. Enforcing the collection of lin-nae taxes. [Stats. 1871-2, p. 539.] This act Imposed u|on : MssTDS] trie duly of insti- tuting KS asalnst pcisoas niKl'-otiag to pay ferry or bridge ACT 1939. Authorizing the payment of salaries by boards of s; a ho bave been employed to collect 5T5 LJCWNSES. Acts 1910, 1941, §§ 1. county licenses, and legalizing ;ill payments heretofore made to sueh persons. [Approved March 27, 1895 Stats. 1S95, 2G7.] this act, ante, p. 406. ACT 1910. An act restricting the powers of boards of supervisors in the matter of imposing license! upon I lie business of raising, bending, grazing, acid pasturing sheep. [Approved February 26, 1903. Stats. 1903, 41.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. No license or Heensefl greater than five cents per head shall be imposed by the board of supervisors of any county on the business of raising, herding r pasturing sheep, and any and all licenses imposed by the board of supervisors of any county on the business of raising, herd- ing or pasturing sheep, in excess of five cents per head, shall be and are hereby declared invalid; provided, the provisions of this act shall not apply to any license tax the validity of which is involved in any suit now pending, or to any such license tax due when this act takes effect. Sec. 2. This act shall take effect immediately. ACT 1941. An act imposing a license tax upon itinerant vendors ol drugs, nostrums, ointments, or appliances sold for the cure of disease, injuries, or deformities. [Approved March 20, 1903. Stats. 1903, 284.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. No person, as principal or agent, shall con- duct as an itinerant vendor the business of selling drugs, nostrums, ointments, or any appliances for the treatment of disease, deformities, or injuries, within this state, with- out previously obtaining a license therefor as herein pro- vided. Sec. 2. An annual license fee of two hundred dollars is hereby levied upon all such itinerant vendors doing business in this state. Said tax shall be paid to the state board of pharmacy, for the use and benefit of the state of California, and shall constitute a special fund for the tot 1941. §§ 3-6 LICE: 5To payment of the expense of said board of pharmacy, and for the enforcement of this act, and of tin provisions of the net icn 1 » • • .- » r < 1 nf pharmacy. Upon the receipt oJ m from any persons desiring to conduct such business within this Btate, the secretary of said board of pharmacy shall issue ■ license to such person to carry on Bnofa busineas within this state until the first day of July, next ensuing; provided, that nothing in this art shall be construed to prevent the collection of any tax that may be imposed by any county "r municipal authority and provided, further, that Dothing herein contained shall prevent manufacturing pharmaceutical (inns from placing their products "ii the market through their agents and mana bji cl to the prot I on tan ■■ «f tliis act. ■ odors under the mi aning of I act shall includi all rho carry on the buaii abovi described by passing from house to house, haranguing the people on the publi< ti public places, imary di .rices for attracting crowds and thin with recommending tlnir nrart off< ring t in mi far - 4. Said board of pharmacy shall on the first of July of each year mak< a verifl d and itemisi mint in writing tu the controller of this state, of all COiptS and ■oming into thi ir hands by r» ason of this act. ~>. Any person violating any of the provisions i tliis act, who shall without such license, sell or offer for sale any .it' the ;il described drags, nostrums, oint ments, ur appliances, shall be deemed guilty of a mi meanor, and fur such breach of this act upon sonviotion therefor, shall be punish, d by a tine of not less thau one hundred dollars nor more than two hundred and fifty do! Lars, or by imprisonment in the county jail for not lees than fifty days or more than one hundred and twenty days, or both such fine and imprisonment. All fin Bred under this act shall be paid by the magistrate receiving the same, to the Btate board of pharmacy, and by board placid in the special fund created by section two of this act. Sec. (5. In all actions or prosecutions under this set it need not be alleged in the complaint nor proved by the BTT LICENSES. Act IMS, 5 1 prosecution that the defendant has not a license as re- quired in this act, but the fact that he has such license may be plead as a matter of defense. Sec. 7. All acts or parts of acts conflicting with this act [are] hereby repealed, in and so far as they conflict. Sec. 8. This act shall take effect and be in force sixty days after its passage. ACT 1942. An act to authorize counties, cities and counties, and in- corporated towns, and chartered or incorporated cities, to license bicycles, tricycles, and similar vehicles, and collect a fee therefor, for the purpose of devoting such fee to the construction of paths along county roads for the use of pedestrians, and the wheeling thereon of such vehicles. [Became a law under constitutional provision without governor's approval, March 16, 1901. Stats. 1901, p. 324.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Counties, cities and counties, chartered or incorporated cities and towns in the state of Californ ; a, are hereby, through the governing bodies thereof, authorized and permitted to license the use of bicycles, tricycles, automobile carriages and carts, and similar wheelo i vehicles, propelled by the power of the rider, or by motor under control of the rider, owned, rented, and used within the several jurisdictions above named; provided, that such license shall be granted and issued only on payment of a fee not to exceed one dollar a year for each of such vehicles; and further provided, that the money so collected shall be appropriated and used only for the purpose of con- structing and maintaining paths and walkways for the use of pedestrians, and the wheeling of the above-named vehicles; and provided also, that the sum of the taxes paid to the state, county, town, or municipality, upon any vehi- cle the use of which is hereby authorized to be licensed, shall be deducted from the amount of the license fee here- by authorized, and credited upon the license; it being the intention that any license fee hereby authorized shall be collected in such less sum as is represented by the substruction of the personal property tax from the sum of the license fee fixed by such ordinance. Gen. Lawa— 47 ACt l'JVJ, Jt an oreRi g BQcU license and fixing such H • ' ,l ■■' rinil the licei in the manner and l>y the ofl or officers provided for the issuance »ther • named in Bection "h label, taj,', or c< rtifi sucn lie< ■ payment of raefa provided, that no license shall be required for my vehicle - in thie in the ■ of :i mi rchant, mai I • ' • . a 11. r or hi in r agi nt, or By I r ' tt Dtod for ase, by the hour, fl . or QiteT period of tune. 3. It shrill r»c lawful for sneta 1 governing bodice to ■h ordinnnce or ordirmnVes for tin mewl r failure or refusal to take such license, or pro Tided, thai •' • i th< •'■•■■■ of the Mid Ucei actios and prosecution ander th< ball any judgi Of il I Ol ' #< r • ;. ' • r hours for • ion of said ordinance. 1. It shall be lawful to provide In any ndi ordi- nance author! ■ of the mini. -ni'Moti and maintenance of auch paths, by - and counties, wlt h owl the limits of such town mfl munici- pal juris* but within the county, by anil with the the bom I '' ;nty. Sec. 5. No municipal or town authority in this act re- fern atbority l>y ordinance or ol to lii • is in this ar! fern lint of such municipal or town y, ■ r need bj ■ reoideat of sudi juris, all any county, by ordinance or otherwise, lay such license upon the ny such vehicle named in this act, or require a li^ therefor, ,.t the same is 1 wned or used by a resident of the county without the boundaries of town or municipal .juris- dictions in the county; provided, that if any town or mu- nicipal authority authorized under this act does not provide 679 LIENS. Acts 1917-l'i I' for such ordinance of license and fee as is permitted by this act, then, and in that ease, the governing body of the county may by ordinance provide for the license herein provided for and permitted, and the collection of the fee authorized by this act, so as to makt the same applicable to the residents of such town or municipality. Bat in no case shall any li- cense or fee be required of travelers in counties other than that of their residence, nor from tourists, or visitors, or tem- porary residents of any city, town, city and county, or county. Sec. 6. All costs and charges for licenses herein pro- vided for, for tags, or visible evidences of issuance and pos- session of license, for receipts for payment of the license fee, and other necessary and inseparable expense related to such licenses, ~,hall be paid from the sum of such collec- tions of fees; provide.!, that no additional salary or fee shall be paid to any officer of any county, or town, or city, or city and county, for services in Issuing or delivering licenses provided for by this act, or for collecting the fees therefor, authorized and provided for in this act. Sec. 7. This act shall take effect and be in force from and after its passage. TITLE 268. LIENS. ACT 1947. To secure a lien on livestock kept, ^ed, or pastured. [Stats. 1869-70, p. 723. ] Not repealed by codes. See Johnson v. Perry, 53 Cal. 351. Cal. Rep. Clt. 44. 304. ACT 1948. Creating a lien in favor of owners of stallions, jacks, and bulls, used for propagating purposes. [Stats. 1891, p. 90.] Codified by amendments of Civil Code, 1905. See note to § 306;;, Civil Code. This act appears in full in Civil Code, Appendix, p. 738. ACT 1949. To secure wages of persons employed as laborers on thresh- ing machines. [Stats. 1885, p. 109.] Cal. Rep. Cit. 75, 201; 104, 11; 116, 293; 125, 171; 141, 94. \cts 1M6-135G LIGHTHOUSES. »• | ammdroanta of Civil Cod* M06. Se» not. to | **L Civil C This art apprara In full In Civil Coda. Appendix, p. TO ACT 1950. To secure th< paymi nl of claims of m.v hnn- ios. or ' n iipou - municipal nr other public work. [State. 1897, \\ 2ul.) ACT 1951. ■tig a lift lafjujtjd in lodging ut ami hauled, [8tat*. I - ,.. 747.] .led 18S0. M: 1W7. .O. :. U6. in«-d by aviaiwlnwat >' '■*. r*<6. f*>* note to | 3065. C Thla act appeaxa In full In Civil Cod*. Appaadls. p. 740. TITLE 269. LIOHTHOUfi ACT 1956. and Hon on tl I Mar.-l, . Jl.) etion 1. .'lire title tti l.tnri in leagii j -• ■ ■ - navigable »ral within th»* limits tin n of, for the sit • r aid tp aayigation, and applii y author tin 1'nit. .li-s.ril.it ,,f tin- r "f tl"' i and ' ii!|-.w. r. .1 ' tin tit' jurisdiction over tl no single th.nn ten aen . • tain coneorrent jurisdiction so far that all process, civil riminal, issuing under >rity of I ma; >f, tijxin any p. r . « H iiiti tin Brail "Rl LIQUOR—I -i:s CITY. Kzta 1981-1975 land so ceded, in like manner and to like effect as if this :n t had never been pa- Sec. 2. This act shall take effect immediately. LIQUOR. See Intoxicating Liquors. TITLE 270. LIVEBMOBE. ACT 1961. Incorporating. [Stats. 1S75-0, p. Pin.] .-i] Parsed ed by incorporating, In l**), andw Municipal Corporation Act of 1883. TITLE 271. lodging. irorxES. ACT 1966. Relating to lodging houses and sleeping apartments. [Stats. 1875-8, p. 753.] Codified by amendment of Penal Code, 1905. See note to § 401a, Penal Code. This act appears in full In Civil Code, Appendix, p. 743. and Penal Co\3e, Appendix, p. 632. This act is known as the cubic air law. TITLE 272. LOGS. ACT 1971. Establishing a scale ; the measurement of logs. [Stats 1877-8, p. 604.] Amended 18&0, 119. TITLE 273. LOS ANGELES CITY. ACT 1975. Charter of Los Angeles. [Stats. 1889, p. 455.] Amended, 1903, 553; 19C5, 980. Cal. Hep. Cit. 141, 206; 141, 507; K8, 513; 146, 757; 146 758; 146. 759; 146, 760; 146, 761; 146, 762; 146, 763; 147, 655; 147, 657. LOS A.NQELE8 CITY. ■ ACT 1976. Amendatory of charter of. [Stats. 1871-2, p. 128.] Amended 1871-2, 6-:.. Supi rsedcd by charter. 1889. 4W. ACT 1977. Charter of. . p. 033.] Amended 1875-6. 692; 1877-8, 642. Superseded by charter of that city, UN, 455. ACT 1978. Charter of. (Stats. 1875-6, p. 692.] Am. ■ Superseded by charter of 1889. 456. ACT 1979. .ting board of education and authorizing common coun- cil bonds for special school building fund. | St:,' p, 158.] Si 1 1 • I.o« An ire lea, 1889, *5». ACT 1980. Authorizing iasnanee of bonds by. for improvement of Ir- rigation in. (Stats. 1875*6, p. 79.] ACT 1981. ■ if bonds for building ri main public sewer. [Stats. 1875-6, p. 39S.] ACT 1982. ince of bonds for improring water-supply of. [Stats. p. 387.] ACT 1983. I era \ '■■■> \< s Btreet, issuance of bonds for widening of. [Stats. 1877-8, p. H».| nf-tltutioiia! (Schumacher v. Tolnrman, 56 Cal. 610.) ACT 1984. Ratifying certain acts of council of. [Stats. 1877-8, p. 74.] ACT 1985. Board of public works for, creating. [Stats. 1875-6, p. 856.J ;s77-8, 48. ACT 1986. Public Library, establishing in. [Stats. 1S73-4, p. 274.] •Sup :lrt VIU ,>f lhe charter of Los Angeles, 1889, 48. Cal. 73.)"— Code Commissioners' Note. LOS ANGELES COUNTY. Acts 198. -199'" ACT 1987. Special school law of, amended. [Stats. 1873-4, p. 605. J rsefled by charter of Los Angeles, 1889, 455. ACT 1988. Concerning water-courses in. [Stats. 1869-70, p. 645.] TITLE 274. LOS ANGELES COUNTY. ACT 1993. Protection of agriculture in, and providing for distraining of trespassing animals. [Stats. 1877-8, p. 164.] Modified, If not repealed, by the estray laws of 1897, 198, an\i 1901. 603. ACT 1994. Artesian wells in, act to regulate use of and to prevent waste of water. [Stats. 1875-6, p. 331.] Repealed 1877-8, 196. ACT 1995. Assessor, compensation of for collecting personal prop- erty tax. [Stats. 1875-6, p. 570.] Repealed by County Government Acts, 1897, 496, sec. 159. ACT 1996. Concerning county clerk and surveyor in. [Stats. 1869-70, p. 389.] This act relating to the compensation and fees of these officers. See note to act 1119, ante. ACT 1997. Supervisors to authorize the appointment of a deputy dis- trict attorney for. [Stats. 1875-6, p. 15.] Superseded by County Government Act, 1897, 498. ACT 1998. El Monte township, Los Angeles County, protection from overflow of San Gabriel River of lands in. [Stats. 1873-4, p. 768.] ACT 1999. Grand jurors, fees of. [Stats. 1871-2, p. 37.] "Probably repealed by the provisions of the constitution dispens- ing with county courts; or, at all events, superseded by the fee bill of 1895, 273, providing for jurors' fees. (Miller v. Curry, 113 Cal. 644; Hilton v. Curry, 124 Cal. 84.)"— Code Commissioners' Note. •■-,2009 N 'TY- ■'••' ACT 2000. Highways in. [Stats. 1S75-6, p. 30.] See 1SS3, 5, chap. X. -> County Government Act, iv.'7. 4. r .2. ACT 2001. Highways in. [81 W77-8> p. 6.] , hap. X. sec. 2. Cal Rep ACT 2002. live to highways in. [Stats. L877-8, p. 716.] n3, 5, chap. X. sec. 2. This was a general law and repealed all prior laws. ACT 2003. Irrigation, promotion >>f. [Stats. 1873-4, p. 312.] mi to fix water rates by sec. 1, art MY i . hatlUltlon, and statute of lau. M."— Code Commission ACT 200-4. Additional justice of able fjr. [Stats. 5, p. 3.] . by Code di Civil Pi 103. as amended 1901, 100. ACT 2005. li.mnl notary public for. [Stats. W7S4, p. 327.] 0. 791. ACT 2006. in. | Stats. 1873-4, p. 616.J : . Qoyenunent Act. 1S'.<7. 573. 574. ACT 2007. Fees i salaries in. [Stats. 1877-8, p. 574.] Repealed bj County Government Acts, 1897, 496, sec. 169, and by the f • ACT 2008. Concerning compensation of certain officers of. [Stats. 1871-2, p. 158.] I 1873-4, 14 nmmt Act, ACT 2009. Amended 1873-4, and in effect repealed by the County Government A sic. 15'J, as amended 1901, *90. Sheriff, fees of. [Stats. 1875-6, 130.] Repealed b» rat MB, 1896, 267. 3S5 LOS NIETOS— LOST PROPERTY. Acts 2010-2028 ACT 2010. To provide for the extermination of squirrels in. [Stats. 1877-8, p. 787.] Repealed 1880, 7. ACT 2011. To increase the number of judges of the superior court of. [Stats. 1887, p. 1.] ACT 2012. To increase the number of superior judges in. [Stats. 1889, p. 130.] ACT 2013. Authorizing supervisors to build bridge across Santa Ana River. [Stats. 1873-4, p. 47. J Better protection of treasuries of: See act 464, ante. ACT 2014. An act to provide three (3) additional judges of the superior court of the county of Los Angeles, State of Califor- nia, for the manner of their appointment, and for their compensation. [Approved February 15, 1905. Stats. 1905, p. 9.] TITLE 275. LOS NIETOS. ACT 2018. Township of, providing for and regulating irrigation in. [Stats. 1877-8, p. 374.] TITLE 276. LOS NIETOS COLLEGIATE INSTITUTE. ACT 2023. Conferring further powers and privileges on trustees of. [Stats. 1873-4, p. 341.J TITLE 277. LOST PROPERTY. ACT 2028. Concerning lost money and property. [Stats. 1850, p. 156.] Superseded by Political Code, sees. 3136-3157, and Penal Code, sec. 485. 00, §§ 1-4 LOST WARRANTS. tfcC TITLE 278. lost \v aim: a NTS. ACT 2033. An art in provide for the payment of the controller of state's warrants which have been 1" fcroyed pre- vious to paymenl by the state treasurer. [Approved March 31, 189L Stats. 1891, p. NfA] on 1. Whenever any warrant legaUy drawn I controller of state shall hav< been l.-^t or destroyed before the same has been paid bj t t the amount due, t inn. in may be recovered by tl r or cus- todian thereof, by filing with the controller of state, — First. An affidavit letting forth ti ■ :' the lose or destruction "t" bucd at, giving the numl date, amount, and name of th< ther with all material facti relative to the loss or destruction of the same. Second. A bonil of indemnity, with two good and sufh- cienl Bureties, in doable the amount of th< •' the par- ticular warrant, which bond shall 1 d to the at- torm \ gi m ral and eontrolli r oi for approval or re- jection. It shall be the .luty of the attorney-general and of the controller of Bl :imine an. I pass upon tin sufficiency of the said bond, and to approve or reject the same, within thirty days alter it shall hav. been Bled with the controller of Bl :.. After the filing of the approved bond, the con- troller of Btate is hereby authorized and directed to i and deliver to the \< ^:\1 owner or claimant, on di man I B duplicate warrant for the lull amount of the original I rant, and the treasurer Of Btat< is hereby authorized directed to pay the duplicate, in luu of the original war rant. Bee, 4. The controller and treasurer shall each make the proper n 1. Whenever any e+ty, town, or subdivision of land into lots, or any addition to any e ; ty, town, or such subdivision, shall be laid out into lots for the purpose sale, the proprietor or proprietens thereof shall cause to be made Oul an accurate map or plat thereof, particularly set- ting forth and describing, — First. All the parcels of ground within such city, town, addition, or subdivision r< s< rved for public purposes, by their bound:. i had extent, whether they be in- tended for a \ all" ys, courts, commons, or other public asi s; and, d. All lots intend., l f. ,r sale, either by number or letter, and their precise length and width. B( c 2. Such map or plat shall be acknowledged by the proprietor, or if any incorporated company, by the chief officer thereof, before some officer authorized by law to take the acknowledgmenl o1 convi n • -:ate. Sec. 3. The map or plat so made, acknowledged, and certified shall l»- presented to the governing body having control of thi - roads, alleys, and highways in the terrutoog shown on the map or plat, and said governing body shall indorse thereon which streets, roads, alleys, and highways, offered by said map or plat, they accept on be- 589 MAHIN" COUNTY. Acts 20G9-2OT1 half of the public, nml thereupon such streets, roads, alleys, and highways, only as have been thus accepted, shall be and become dedicated to public use. When so indorsed, and not before, said map or plat shall be recorded in the office of the county record* r of the county in which the city, town, addition, or subdivision is situated, in a book kept for that purpose. The map or plat shall be not more than thirty-six inches by thirty -six inches in size, and shall be drawn in all details clearly and legibly, and if not so drawn may be refused by the county recorder. When such map cue nlat is presented to be recorded the county recorder shall paste the same securely in a book of maps, and it shall then be deemed to have been recorded under the provisions of* this act. [Amendment became a law under constitu- tional provision without governor's approval March 14, 19U1. Stats. 1901, p. 288. In effect in sixty days.] Sec. 4. Every person who sells or offers for sale any lot within any city, town, subdivision, or addition, before the map or plat thereof is made out, acknowledged, filed, as herein provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars aud not more than five hundred dollars, or by imprisonment in the county jail not to ex- ceed six months, or both such fine aud imprisonment. TITLE 285. MABIN COUNTY. ACT 2069. Declaring certain creeks in Marin County navigable. [Stats. 1861, p. 469.] • Amended 1S69-70, 663. The act declared Guaymas, San Rafael, Corte Madera, and Sausa- lito creeks navigable. The amendment of 1869-70 amended the act by omittting Guaymas and Sausalito creeks. The San Rafael and Corte Madera creeks were declared navigable by Political Code, sec. 2349. ACT 2070. For the relief of. [Stats. 1861, p. 121.] This act provided that when the coroner of Marin County was re- quired to inquire into the death of a convict in state m-ison, the fees should be a state and not a county charge. It also made the same provision wheie physicians were called in to inquire into the sanity of a convict at the state prison. ACT 2071. Concerning lawful fences in. [Stats. 1858, p. 123.] Acts 991 I S90 ACT 2072. Compensation of certain ofl it :, ■ r i •;.•. .111.1 *» to the ACT 2073. Hon of ma.] - ' - "U.J ACT 2074. Superintend* nt of i '. p. 212.] ■nUMBt Acts. ls/7. 663. »ec ACT 2075. I'ul.lii- K | State. L873-4, p. B alcd by Political Code. e«c. 1(10. aa amended 1893. 261. ACT 2076. n of. [Stat*. 187 18.] M, aa an.- ACT 2077. Restricting the herdii sp in. [State. 195%, 227.] Amu 119; 1880. 3 1877-S ACT 2078. To prevent stock from running at lartrr apon roadl and highways ot Jt.] ■ tad by the estray law •, and 1901. 803. ACT 2079. Tax collector, bond of. [g p. I9f>.] Repen1e4 hy County Qon rnmrnt Acta. 1R97, 476, ace. M. ACT 2080. i in, collection of. [State. 1875-8, p. " iled by Political Cod' . aa amended 1891, 47S. TITLE 286. MARIPO NTT. ACT 2085. Ldc« us. b, colli ction of 508.] mty Uo\irnment Acts, UK, 462 591 M XHKI.EKVIT.LE MARK'S AND BRANDS. Acts 20S6 -2101 ACT 2C86. Regulating salaries of certain officers of. [Stats. 1873-4, p. 83.] Repealed by County Government Act, 1897, 566. sec. 207. ACT 2087. Providing for maintenance and construction of roads and highways in. [Stats. 1875-6, p. 650.] Amended li77-8. 277. Repealed 1883, 5, chap. X, sec. 2. ACT 2088. Treasurers of, bonds of. [Stats. 1875-6, 17.] Repealed by County Government Acts, 1897, 476, sec. 66. ACT 2089. Authorizing the levy of additional tax in. Stats. 1873-4, p. 364.] Superseded by subds. 12 and 18, sec. 26, County Government Act, 1897, 460. 463. TITLE 287. MARKLEEVILLE. ACT 2094. Incorporating Markleeville. [Stats. 1863-4, p. 441.] TITLE 288. MARKS AND BRANDS. ACT 2099. Concerning marks and brands. [Stats. 1851, 411.] Amended 1857, 131; 1861, 373; 1862, 28, 424. Superseded by Political Code, sees. 3167-3185. ACT 2100. To prevent, fraud and imposition in the matter of stamp- ing and labeling produce and manufactured goods. [Stats. 1887, p. 17.] Codified by amendment of Penal Code, 1905. See note to § 349a, Penal Code. This act appears In full In the Penal Code, p. 633. Consult, also, the following: ACT 2101. An act to provide for the marking or oranding of boxes or barrels containing citrus fruit for shipment, and fix- M.NUKS ANI> Lng a penalty for the violation ttai r of, and for the ap- pointiiK nt of an inspector under -ions. [Approved March sets. 1901, • The people of the rnia, re] • mbly, do riuii 1. All eitrna fruit contained in boxes M I 'iit> til nt in I • . firm, or -hall havi • ipicuous place on the outside of b box or barrel, in clearly ' bl< rneni truly and err- >■• iting th< !>lv in which Both fruit grown. Such J] be placed thereon l>y the shi|i|p» r of said fruit. firm. i->r any of the ; • or requiri m< • of this shall be guilty of :i misdi i, eanyio tion shall h« fined in than two hundred dollars nor more than five hundred doll '■. 'Do g \rn..r .irreis, or packages containing fruits, or dried, and fixing a penalty for the violation thi and for the appointment of inspectors under its pro visions. [Approvi d V . 1903, 33&.J .nal. Ex parte IlayUtn. 147 Cal. 649. Cal. Hep. Cil. H7, 6^0. f.93 MARKIAGE AND MARRIED WOMEN Arts 2107, 2108 The people of the state of California, represented in senate and assembly, do « nacl as follows: Section 1. All fruit, green or dried, contained in boxes, barrels, or packages, which shall hereafter be shipped or offered for shipment in this state by any person, firm, or corporation, shall have stamped, branded, stenciled, or labeled in a conspicuous place on the outside of every such box, barrel, or package, in clearly legible letters at least one-quarter of nn inch in height, a statement truly and correctly designating the county and immediate locality in which such fruit was grown. Sec. 2. Any person, firm, or corporation violating any of the provisions or requirements of section one of this act shall be guilty of a misdemeanor, and upon convic- tion shall be fined in any sum not less than two hundred dollars, nor more than five hundred dollars. Sec. 3. The governor of the state of California, after the passage of this act. shall appoint such inspectors as may be necessary to accomplish the purpose of this act, to serve without eOffifH inflation, who are hereby vested with full authority to enter any car or depot containing fruit for shipment; or any warehouse, packing house, store room, or other place or places where any fruit is kept, packed, or prepared for shipment, to inspect the same, or any part thereof. Such inspectors are also vested with full authority to examine such books of any person, firm, or corporation engaged in packing or shipping fruit as may be necessarv to accomplish the purposes of this act. Sec. 4. This act shall take effect immediately on and after its passage. TITLE 289. MARRIAGE AND MARRIED WOMEN. ACT 2107. Regulating marriages. [Stats. 1850, p. 424.] Amended 1855, 298; 1862, 450; 1863, 244. Superseded by Civil Code, sees- 55-78. Cal. Rep. Cit. 87, 75. ACT 2108. To authorize married women to transact business in their own names as sole traders. [Stats. 1852, p. 108.J Amended 1862, 10S. Superseded by Code of Civil Procedure, sees. 1811-1821. Gen. Laws- 38 Acts 2109-:i:0 MARSHALL MUNIMENT— MARTINEZ. 594 ACT 2109. To authorize married women to convoy real estate held by them in their own right. [Stats. 1855, p. 12.] Sii| • provisions of Civil Code. Cal. Rep. Clt. 41, 608. ACT 2110. To prevent the fraudulent conveyance or oncumhranec of realty by married women. [Stats. 1863, p. 750.] ad by Tenal Code, sec. 534. Cal. Rep. Clt. 72. 445. ACT 2111. To protect the rights of married women in certain cases. ■ P. — f, -l Cal. Rep. Clt. 49. M; m, This act related to the earning and the separate property of m»r- rli .1 prOBM n. TITLE 290. MARSHALL MONUMENT. ACT 2116. To provide for the appointment of a guardian foT the Marshall monument and grounds, prescribing his du- ties, and appropriating money therefor. [Approved March 31, 1891. Stats. 1S91, p. 424.] TITLE 291. MARTINEZ. ACT 2121. Incorporating. [Stats. 1875-6, p. 822.] Amended 1877-8, 297. Superseded by Incorporating, in 1884, under Municipal Corporation Act of 1883. ACT 2122. Animals running at large in. [Stats. 1873-4, p. 302.] seded by 1875-6. 822, sec. 7. ACT 2123. To provide for the disposition of certain property of the state. [Stats. 1851, p. 307.] This act released to the town of Martinez the lands covered b> Caxqulncz Straits lying opppo.slte it. 595 MARYSVILLE— MASTER AND SERVANT. Acts 2128-Z139 TITLE 292. MARYSVILLE. ACT 2128. Reincorporating. [Stats. 1875-6, p. 149.] Amended "1877-8, 593. Oal Rap. Cit. 143, 560; 143, 561. ACT 2129. Levees, construction and repair of. [Stats. 1875-6, p. 131.] ACT 2130. Levee indebtedness of, funding of. [Stats. 1875-6, p. 60.] ACT 2131. To establish a police court in. [Stats. 1889, p. 214.] ACT 2132. Superintendent of public schools, fixing salary of. [Stats. 1873-4, p. 153.] TITLE 293. MASTER AND SERVANT. See Laborers; Liens, ante. ACT 2137. To provide for a day of rest from labor. [Stats. 1893, p. 54.] This act provided that every employee should have one day in seven for rest. ACT 2138. To provide for the proper sanitary condition of factories and workshops, and the preservation of the health of the employees. [Stats. 1889, p. 3.] Amended 1901, 571. Unconstitutional. See Schaezlein v. Cabaniss, 135 Cal. 466. ACT 2139. To provide for a lunch hour for laborers in saw-mills, shake- mills, shingle-mills, and logging camps. [Stats. 1901, p. 75.] This act appears in full In Civil Code, Appendix, p. 744. AetatiV BffATORS— OTBD1CINS. 8S* ACT 2140. To prevent misrepresentations of conditions of employment, making it a misdemeanor to misrepresent the same, and providing penalties thcTefor. [Stats. 15*03, p. 2C>9.] This act appears In full In Penal Code, Appendix,- p. 636. TITLE 294. ■ 1. 10W. ACT 2145. Providing that in cities of over ten thousand inhabitants, the mayor or other chief executive Bhall not be required ti> ael aa eity judge or ax-offieio judge of tin 1 city enurt or as justiae of the peace; to provide for the abolishment of such city court ami tin" transfer of the business ami properties of sneh city court to tli<' justice of tho peaoe of such city, ami to rcqui r<> such justice to finish such business. [Stats. 1687, p. 51.] This act appears 'n full In the h WlMlll to the Code of Civil Procedure, p. 763. TITLE 295. MEADOW LAKK. ACT 2150. Incorporating town of Meadow Lake. [Stats. 1865 <". p. S72.] TITLE 296. MECHANICS' EN8TTTTJTES. See title Chambers of Commerce. ACT 2155. To authorize the Mechanics' Institute of San Francisco to sell, mortgage and convey realty. [Stats. 18l>3, p. -'■•<> TITLE 297. MEDICINE. ACT 2160. An act to regulate medical practice to prevent blindness in Infants. [Approved February 17, 1897. Stats. 197, p. 12.] 597 MEDICINE. Acts 2161, § 1 The people of the state of Calif ornia, represented in senate and assembly, do enact as follows: Section 1. Should one or both eyes of an infant become reddened or inflamed at any time within two weeks after birth, it shall be the duty of the midwife, nurse, or person having charge of said infant, to report the condition of- che eyes at once to some legally qualified practitioner of medicine of the city, town, or district in which the parents of the in- fant reside. Sec. 2. Any failure to comply with the provisions of this act shall be punishable by a fine not to exceed one hundred dollars, or imprisonment not to exceed six months, or both. Sec. 3. This act shall take effect from and after its pas- sage. ACT 2161. Practice of medicine, regulating. [Stats. 1875-6, p. 792.] Amended" 1877-8. 918. Repealed 1901, to. Cal Rep. Cit. 71, 81; 106, 296; i22, 607. ACT 2162. An act for the regulation of the practice of medicine and surgery in the state of California, and for the appoint- ment of a board of medical- examiners in the matter of said regulation. [Became a law under constitutional provision without gov- ernor's approval, February 27, 1901. Stats. 1901, p. 56.] Cal. Rep. Cit. 143, 413; 143, 419; 144, 177. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Appointment of board, quorum. There shall be a board consisting of nine members, which shall be known as the board of medical examiners of the state of California. The members of said board shall be elected as follows: Five members thereof shall be elected by the Medical Society of the State of California, two members thereof by the Cali- fornia State Homeopathic Medical Society, and two members thereof by the Eclectic Medical Society of the state of Cali- fornia. Said members shall be elected annually by said societies, respectively, according to such rules as each society may adopt for the election of the members to be elected by it and the members so elected shall serve for one year, and Act 2162, § J 2. 2 MEDICINE. 59? until their successors shall have been elected and qualified. Each of said societies, tively, may also elect alter- nates who shall fill BUCB vacancies as may occur in its repre- sentation on the hoard. It shall require the affirmative vote of six members of said hoard to carry any motion or resojution, to adopt any rule, to pass any measure, or to authorize the issuance of any certificate to practice nu di- cine and surgery as in this act provided. Sec. 2. Oath. Bach member of said hoard shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is a graduate in medicine, and a legally qualified practitioner of medicine in this state. Sec. 3. Organization, Said board shall or- ganize by electing from its Dumber a president, vice presi- dent, secretary and treasurer, .who shall hold their res tive positions during the phasure of the hoard. Said hoard shall hold its regular meetings in the city of' San Fran- cisco, on the flrsl Tues vpril, August, and December of each year, for the consideration of applications for certificates, and for the transaction of such other business as may property come before it, with power of adjourn ment from time to time until its husinoss is concluded; provided, however, that ^examinations of applicants for certificates may, in the discretion of the hoard, he con- ducted in any part of the state designated hy said hoard of examiners, under the supervision of any one niemher of said board, upon written questions previously prepared by said board; and when the examination is concluded the questions submitted, together with the answers and any other evidence or affidavits used or produced at said ex- amination, shall be signed by said examiner and immedi- ately returned to the hoard of examiners, who shall act upon said application for a certificate in the same manner as if the person had appeared personally before said board. Notice of each regular meeting of the hoard shall be given by publication twice a week, for each of tin two weeks next preceding each meeting, in two daily papers published in the city of San Francisco, in one daily papi r published in the city of Sacramento, and in one daily paper published in the city of Los Angeles. Special meetings of the hoard may he held at the call of the presidi at, at such time and place as he shall direct, and the same notice thereof shall be given as in the case of regular meetings. Said board shall procure a seal, and shall receive through 599 MEDICINE. Act 2162, §§ 4, a ita secretary applications for the certificates provided to be issued under this act. Sec. 4. Rules. Said board may from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the author- ity to take evidence as to any matter cognizable by it. Sec. 5. Requirements, examinations, fee. Every person before practicing medicine or surgery, or any of the de- partments of medicine or surgery in this state, must have the certificate herein provided for. In order to procure such certificate he must produce satisfactory testimonials of good moral character, and a diploma issued by some legally chartered medical school, the requirements of which medical school shall have been at the time of grant- ing such diploma, in no particular less than those pre- scribed by the Association of American Medical Colleges for that year; or he must produce satisfactory evidence of having possessed such diploma, or a license from some legally constituted institution which grants medical and surgical licenses only upon actual examination, or satis factory evidence of having possessed such license; and he must accompany said diploma or license with an affi- davit stating that he is the lawful possessor of the same, that he is the person therein named, and that the diploma or license was procured in the regular course, either of instruction or examination, without fraud or misrepresen- tation of any kind. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such officer, if he have a seal. In addition to such affidavit, said board may hear such further evidence as, in its discretion, it may deem proper as to any of the matters embraced in said affidavit. If it should appear from such evidence that said affidavit is untrue in any particular, or if it should appear that the applicant is not of good moral character, the application must be rejected. In addition to the requirements above set forth, each applicant for a certificate must be personally examined by said board as to his qualifications to practice medicine and surgery. The examination shall be conducted in the English language, and shall be, in whole or in part, in writing, and shall be on the following subjects, to wit: Anatomy, physiology, bacteriology, pathology, chemistry and toxicology, surgery, obstetrics, materia medica and 82, J 5 WE. bCki therapeutics, and theory and practice of medicine. When the applicant applies for examination in materia oaedicg and therapeutics, and theory and practice of medicine, he ■shall designate in wliat school of medicine be des i res to practice, and only the member or members of the board who belong • ,il particr] in this part of the examination. Examinations shall be practical in character, am : to discover the ap plicant 's I prad ice and surgi ry. Examinations iii each Bubject shall consist of not less than ten qw ers to which shall bo marked upon ;i scale ..I mn to te entitled to another examination in lean than one year after d dilation, and shall be required to pay for such examinations the full tee. The examination papem shall form a part of the records .if board, and shall lie kept on tile by the secretary. In said examination the applicant shall In- known and designated by number only, and tin name attacked to the number shall 1m- kepi secret by tin- secretary until after tin hoard finally voted upon the application. The secretary of tin 1 hoard of medical exami II in no instance par- ticipate, as an examiner, in any examinations held by the hoard; nor shall he he entitled to vote upon the question of granting any certificate to practice medicine and surgery. Said hoard may, in its dificretii : an, I register, upon payment of the registration fee, and withool exam [nation of the applicant, any certificate which shall have been issued to him by the medical examining hoard of the District of Columbia, or of any state or territory of the United states; provided, however, that the legal require- ments of Bueh medical examining board shall have i,. at the time of issuing such certificate, in no degree or particular loss than those ,>f California at the time when such certificate shall he presented for registration to the board created by this act; and, provided further, that the ismois in this paragraph contained shall be held to apply only to such of said medical examining hoards as accept and register the certificates granted by this board without examination by them of the ones holding such certificates. Bach applicant, on making application, shall pay to the secretary oi the board a ten dollars, which shall he paid to the treasurer of said hoard by said secretary. 601 MEDICINE. Act 2162, §§ 6-10 Sec. 6. Certificate. When any applicant has shown himself to be possessed of the qualifications herein re- quired, and has successfully passed the said examination, a certificate must be issued to him by said board, authoriz- ing him to practice medicine and surgery in this state. Said certificate shall be signed by the president and secre- tary of said board, and sealed with the seal of the board. Sec. 7. Record of proceedings. Said board shall keep an official record of all its proceedings, a part of which record shall consist of a register of all applicants for cer- tificates under this act, with the result of each applica- tion. Said record shall be evidence of all the proceedings of said board which are set out therein. Sec. 8. Registration. Every person holding a certifi- cate authorizing him to practice medicine or surgery, or both, in this state, must have it recorded in the office of the county clerk of the county in which the holder of said certificate is practicing his profession, and the fact of such recording shall be indorsed on the certificate by the county clerk recording the same. Every such person, on each change of residence, must have his certificate recorded in the county to which he shall have changed his residence. The absence of such record shall be prima facie evidence of the want of possession of such certificate. And any person holding a certificate who shall practice medicine or surgery, or attempt to practice medicine or surgery, without first having filed his certificate with the county clerk, as herein provided, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dol- lars, or by imprisonment in the county jail for a period of not less than thirty days nor more than sixty days, or by both such fine and imprisonment. See. 9. The county clerk shall keep in a book, provided for the purpose, a complete list of the certificates recorded by him, with the date of the record; and said book shall be open to public inspection during his office hours. Sec. 10. Refusal to grant certificate; revocation of cer- tificate; unprofessional conduct. Said board must refuse a certificate to any applicant guilty of unprofessional con- duct; but before such refusal the applicant must be cited by citation, signed by the secretary of the board, and sealed with its seal. No such citation shall be issued except upon a sworn complaint filed with the secretary of the board, charging the applicant with having been guilty of unprofessional conduct, and setting forth the particular Act 2162, J 10 MEDICINE. W2 constituting such unprofessional conduct. On the filing of such complaint th< I must forthwith issue tation, and make the returnable at the next regular session of said board, occurring .-it least thirty next after filing the complaint. Such citation shah notify the applicant of the time and place, when ami where the matter of said unprofessional conduct shall be heard, the particular unprofessional conduct with which the applicant is eharged, and that the applicant shall file his writt. n answer, under oath, within twenty days next after the bi rvice on him of said citation, or default will be taken him, and his application for a certificate refused. The attends! at such hearing shall be compelled by suhpoc oss Issued by the secretary of the board, under its seal; and f shall in no Be to issue any such subpoena, upon a fee of twenty cents being paid him tor each subpoena. Said citation and said Subpoenas Shall be Barred in accordance witli the Btatutei of this Btate then in force as to th" f citations and subpoenas u" serally, and all the provisions of the statutes of this state then in force relating to subpoenas are hereby made applicable to the subpoenas provided for herein. If any person refuse t> obey a subpoena served upon him in accordance with tlie .1' this Btate then in force providing for the manner of serving subpoenas, the fact of such refusal shall be certified by the secretary of said board, under tin seal thereof, to th,> superior court of the county in which the service was had, and said court shall thereupon proci ed to hear said matter, in accordance with the stat- utes of this state then in force as to contempts for dis- ob< dience of process of the court; and should said court find that tlie subpoi na had been legally served, and that the party so served had willfully disobeyed the same, it shall proceed to impose such penalty as provided in cases of contempt of court. In all casts of alleged un- professional conduct arising under this act, depositions of witnesses may be taken, the same as in civil cases, and all the provisions of the statutes of this state then in force as to the taking of depositions are hereby made applicable to the taking of depositions under this act. If the ap- plicant shall tail to file with the secretary of said board his answer, under oath, to the charges made against him, within twenty days after service on him of said citation, or within such further time as the board may give him, and the charges on their face be deemed suf- 903 MEDICINE. Act 216 ficicnt by the board, default shall be entered against him, and his application refused. If the clrirges on their face be deemed sufficient by the board, and issue be joined thereon by answer, the board shall proceed to determine the matter, and to that end shall hear such evidence as may be adduced before it; and if it appear to the satisfaction of the board that the applicant is guilty as charged, no cer- tificate shall be issued to him. No certificate shall be re- fused on the ground of unprofessional conduct unless the applicant has been guilty of such conduct subsequently to the passage of this act, and unless he has been guilty of such conduct within two years next preceding nis applica- tion. Whenever any holder of the certificate herein pro- vided for is guilty 01 unprofessional conduct, as the same is defined in this act, and the said unprofessional conduct has been brought to the attention of the board granting said certificate, in the manner hereinafter pointed out, it shall be their duty to, and tney must, revoke the same .at once, and the holder of said certificate shall not thereafter be permitted to practice medicine or surgery, or any of tne de- partments of medicine or surgery, in this state. But no such revocation shall be made unless said holder is cited to appear, and the same proceedings are had as is herein- before provided in this section in case of refusal to issue certificates. The accused party, at the time he presents his answer for filing, shall deposit with the secretary his cer- tificate, and unless he do so, the secretary must not file his answer, and default shall be thereupon entered against him, and his certificate revoked if the charges on their face be deemed sufficient by the board. When the certificate is revoked, the secretary of the board, if said certificate has been deposited with nim, shall write across the face thereof, in red ink, the fact of such revocation, and shall file said certificate, so revoked, among the archives of his office, and shall also certify the fact of such revocation, under the seal of the board, to the county clerk of the counties in which the certificate of the person whose certificate has been re- voked is recorded; and said clerk must thereupon write upon the margin or across the face of his register of the certificate of such person, the following: "This certificate was revoked on the day of , " giving the day, month and year of such revoca- tion, in accordance with said certification to him by said secretary. The record of such revocation so made by said county clerk shall be prima facie evidence of the fact Act 2162. §§ 11, 12 .\!i:r>l'INE. 604 thexeof, rind of the regularity of all the proceedings of said board in the matter of said revocation. If s:iid board shall decide againsl revocation, tlir certificate shall bo returned to the holder thereof. N shall be Iced for unprofessional conduct unless the accused has guilty thereof rah ■:■ of this act, mi .1 anless hi baa bees guilty thereof within two ywn preceding the time of fllii implaint charging him with sn.li unprofessional conduct. From the time of the revocatioi the holdtor thereof shall be die- qualified from practicing medicine or surgery in this state. The words "unprofessional eondi teed hi Ibis act, ai« ht r< by declare d to m< an : First -Tin' procuring or aiding or abetting in procuring a criminal abortion. The obtaining of any foe on the assnrasiee that incurable dia I Hy cured. Third The willfully betraying a profeesiona Pourth Ml advertising of medieal in which |y Lmprobabli i do. Fifth Ml advertising of any nedicinee, or of anv means, whereby the monthly • can be regulated, or the mi ■ died if b Sixth- Conviction of any offenae involving moral turpi- • nth— Habitual [ntem p< ranee. ll. Expenditures of the board. Said board shall • employ legal counsel and clerical af anoe, and to fix the BaJarfa same, and bo incur such otbei be deemed aeceeaary to carry into HlVd the provisions of this act. Tt shall ahw fi\- the ealary of the secretary, ■ of twenty-four hundred dollars pi r annum, ami the sum to be paid to other members of said board, nol ■ doHara per diem each, for each and SV< ry day of a. dual service in the discharge of official duties; and said board may. In , 'ion. add to said sum *y traveling .Ml money in excess of the actual eX] the board shall be paid annually into the treasuries of the respective state medical and shall be ptosated according to the number of representatives of each school aeaong the appJieanta examined. Bee. 12. Illegal practice. Any person practicing medi- cine or Burgery in this state, without having, at the time jo practicing, a valid, unrevoked, certificate, as pro- 605 MEDICINE. Act 210-:, 55 1^-1" tided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment for a term of not less than sixty days, nor more than one hundred and eighty days, or by both such fine and imprisonment. In each such conviction one-half of the fine shall be paid, when collected, to the prosecuting wincss, or witnesses, and the other half be paid into the school fund of the county or city and county, in which such conviction is had. Sec. 13. Unauthorized registration. Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the per- son named in such certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of felony, and, upon conviction thereof, shall be subject to such penalties as are provided by the laws of this state for the crime of forgery. Sec. 14. False representation. Any person assuming to act as a member of a state board of medical examiners, or who shall sign, or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate author- izing any person to practice medicine or surgery in this state, except the person so acting and doing shall have been elected a member of said board of medical examiners as in this act provided, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hun- dred dollars, nor more than five hundred dollars, or by im- prisonment in the county jail for a term of not less than sixty nor more than one hundred and eighty days, or by both such fine and imprisonment. Sec. 15. Previous registration. Any person who holds a certificate from one of the boards of examiners hereto- fore existing under the provisions of "An act to regulate the practice of medicine in the state of California," ap- proved April third, eighteen hundred and seventy-six, or an act supplemental and amendatory to said act, which became a law April first, eighteen hundred and seventy- eight, shall be entitled to practice medicine and surgery in this state, the same as if it had been issued under this act; but all such certificates may be revoked for unpro- fessional conduct, in the same manner and upon the same grounds as if they had been issued under this act. Act 2162, §} 16, 17 MEI>iriNK. 606 Sec. 16. Definition. The following persons shall be deemed as practicing medicine or surgery within the mean- ing of this act: 1. Those who prof< BS to be, or hold themselves out as being, engaged as ns or Burgeons in the tmenl of disease, injury, of deformity of human beings. 2. Those who, for pecuniary or valuable consideration, shall prescribe medicii tiam, or eleetrieit7i in the treatment of inry, " r deformity of human beings. 3. T r valuable oonaideration, shall employ surg ■ dical menus or appliances tor the treatment u jury, or deformity of human beings, except ta] and optical ap- plian 4. Those win), for 8 pecuniary or valuable consideration, !ru^' nr medicine, appliance, or med- icii or surgical treats perform any operation for the relief Of cure of any bodily injury or The doing Of any of the acts in this section mentioned shnll be taken to be prima faeie evidence of an intent on the part of the person doing any of said acts to repn him I iii the practice of medicine or surgery, or both; but nothing in tins act shall be so construed as to inhibit service in the saae of Emergency, or the dom administration of family remedies; nor shall this act apply ay commissioned medical officer in the United 81 Sen Lee, in t be discharge of his professional duties, nor to any legally qualified den tist lusively in the | » r . t lentistry, nor to any physician or surgeon from another Si its or ter- ritory, when in actual Consultation with a legal practi- tioner of th • BUCh physician or surgeon is. at the time of racfa consultation, a legal practitioner of medi- cine or surgery in the stati or territory in which h< sides; nor to any physician or Burgi on residing on the border of a neighbor! and duly authorized under the laws thereof to practice medicine or surgery therein, whose practice extends v.ithin the limit provided, that such practitioner shall not open an "tlice or appoint a place to meet patients or n ills within the limits of this state. Sec 17. Repeal. An act entitled "An n<-t to regulate the practice of medicine in thi .. ap- «'7 MENDOCINO COUNTY. Acts 2132a, 2ifi? proved April third, eighteen hundred and seventy-six; and an act entitled "An act supplemental to and amendatory of an act entitled 'An act to regulate the practice of medi- cine in the state of California-, ' April third, eighteen hun- dred and seventy-six," which became a law April first, eighteen hundred and seventy-eight, and all acts, and parts of acts, in conflict with this act, are hereby repealed* Sec. 18. This act shall take effect from and after the first day of August, nineteen hundred and one. ACT 2162a. An act appropriating twenty-five hundred ($2500) dollars to enable the Board of Medical Examiners of the State of California to restore certain property and records de- stroyed by fire which said property and records are necessary for the business of the office of the Board of Medical Examiners of the State of California. [Approved June 14, 1906.] The people of the state of California, represented in sen- ate and assembly, do enact as follows: Section 1. There is hereby appropriate 1 for the office of the Board of Medical Examiners of the State of Cali- fornia out of any money in the state treasury not otherwise appropriated, the sum of twenty-five hundred ($2500) dol- lars to enable the Board of Medical Examiners of the State of California to restore certain records and property de- stroyed by fire, which said records and property are neces- sary for the business qf the Board of Medical Examiners of the State of California. Sec. 2. The state controller is hereby directed to draw his warrant for the sum in this act appropriated in favor of the Board of Medical Examiners of the State of Cali- fornia upon their requisition for the same : nd the state treasurer is hereby directed to pay said warrant. Sec. 3. This act shall take effect immediately. TITLE 298. MENDOCINO COUNTY. ACT 2167. Big Eiver township, purchase and construction of free bridges in. [Stats. 1873-4, p. 544.] Amended and supplemented 1S73-4, 791- ©PARK *** ACT 2168. Purchase and erection of bridges in, building and improve- m nt «.f r...i.is. [stat- p. .".:«'•.] ACT 2169. 1 roviding for disposal of lots ii. the public lands in. paw. DM0, p. - s ' 7 -1 Sui anedad by This act was panad to carry Mt the provisions of an act of n injrre«s for the relief of cltlxens of towns on the public larrls. ACT 2170. Fixing salaries of certain officers of. [Stats. 1873-4, p. 171.] Amended 1877-8. 1S3. Repealed by Cunty Cioffmmint Act, B2S. sec 171 This art fixed the aalarle* of »h< ilff, county cU rk. and recorder. ACT 2171. Regulating fees of certain officers of. [Stats. 1873-4, p. Repealed bv County Government Acts, 18*7, MS. aec. 174. aivi fee bill of 1SSS. M7. ACT 2172. Repealing all special road laws in. [Stats. 1S73-4, p. ACT 2173. To provide for the election of supervisors in. [B| 1877-a, p. 1081.] Repealed by the County Government Acts, 1&97. 462. TITLE 299. MENM.o PARK. ACT 2178. Incorporation. [Stats. 1873-4, p. 533.] Repealed 1S75-6, 400. 609 MERCED CITY— MERCED COUNTY. Acta 2133-2133 TITLE 30O. MEECED CITY. ACT 2183. Protection against fire in. [Stats. 1877-8, p. 214.] TITLE 301. MEECED COUNTY. ACT 2188. Separating office of county recorder from county clerk, and regulating the salaries of certain officers in. [Stats. 1873-4, p. 660.] Amended 1877-8, iff!, 137. Repealed by County Government Acts, 1M. 657, sec. 198. ACT 2189. Licenses, collection of. [Stats. 1875-6, p. 508.] Repealed by County Government Acts, 1897, 452. ACT 2190. Collection of poll taxes in. [Stats. 1877-8, p. 837.] Repealed by Political Code, sec. 2652. ACT 2191. Public administrator, bonds of. [Stata. 1871-2, p. 21.J Superseded by County Government Act, 1897, 475. ACT 2192. Authorizing the supervisors to sell and convey the court- house block and buildings in the town of Snelling. [Stats. 1873-4, p. 239.] ACT 2193. Witness fees in. [Stats. 1873-4, p. 732.] Repealed 1875-6, 493. Gen. Laws— 39 MKXI'WN V/.'l: MILITARY ACADEMY. «10 TITLE 302. MBXICAN \v.\i:. ACT 2197. Authorizing trustees of Associated Veterans of, to exchange eertain lands for cerl r property belonging to the city and count) oi Ban IfTaneiaeo, ox tor a kase of such property. [StalM. 1871-g, p. ;;C3.J AajcmJuJ Utt, 66. TITLE 303. MIUTAUY M Al'KMY. ACT 2200. An act to furnish arms for the use of military academies in I [Approved r . 1872. stats. 1871-2, p. 121.] Military acad( mi. s — Ma Section 1. Thai when B military academy has been es- tablished within the Btate, having not lean than eight} . uniformed, drilled, and instructed in strict accord- • with the ta ' the regular Oi tea army md all :' i of education and economy con- ducted upon strict military principles, the military in- stin ach acadi my, when regularly elected by the board of trustees or other lawful authority of the academy, I., commissioned in the National Guard of California, with the rank of major. Bond and issue of arms, '_'. That upon giving bond, with good security, to be approved by the county judge of the county s academy is situated, conditioned for th< safe-keeping against fire, Loss and againsl all damages, in twice the value, that arms and accoutrements, the property of the state, be ifl- sut d for the use of such military academy. Requisition. :\. The adjutant-general of the Btate is hereby au- thorized to issue such arms and accoutremi nts as may Gil MINERAL CABINET— MINKS AND MINING. Acts 2205-221:, be needed by the said military academies, without a monthly allowance, in the same manner as arms and ac- coutrements are issued to regular organized ompanies of the National Guard of California, upon requisition made for this purpose, approved by the commander-in-chief. Sec. 4. This act shall take effect immediately. TITLE 304. MINEKAL CABINET. ACT 2205. To provide for the establishment of a cabinet department in the state library. [Approved April 1, 1872. Stats. 1871-2, p. 824.] ACT 2206. To provide for the removal of the mineral cabinet from the state library. [Stats. 1887, p. 74.] This act provided for the removal of the cabinet to the Crocker art nailery and the appointment of trustees of the mineral cabinet. TITLE 305. MINES AND MINING. ACT 2211. Establishment and maintenance of a mining bureau. [Stats. 1880, p. 115.] Repealed 1893, 207. ACT 2212. Supplemental to act providing for mining bureau. [Stats. 1885, p. 217.] Repealed 1S93. 207. ACT 2213. To provide for the establishment of a state mining bureau. [Stats. 1893, p. 203.] Amended 1903, 113. ACT 2214. Appropriation to be used in the construction of works for restraining and impounding debris. [Stats. 1901, p. 7.] This act appropriated $150,000 for the above purpose. ACT 2215. An act to provide in whose name title shall be taken to the site or sites for the construction of the works provided for in the act of the legislature of the statu Acts 2216-2218 MINES AND MININ3. 612 of California entitled "An act to provide for the aj>- pointment, duties and compensation of a debris com missioner, and to make an appropriation to b° ex- pended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893, and the amendments thereto. [Approved March 13, 1901. Stats. 1901, p. 282.] The people of the state of California, represented in senate and assembly, do enact as folio, Section 1. The title, estate and interests in all sites parc h— ad adder the act of the legislature of the state of California entitled "An act to provide for the appointment, duties and compensation of a debris commissioner, and to make an appropriation to be expend* d under his dir< '• tions in the discharge of his duties as such commissioner. ' BpproVed March twenty fourii i .'n hundred and ninety-three, and the amendments thereto 1 , for the con- traction of the works in said acts contemplated) shall be taken in the mime of the government of the United States of America. '2. This act shall take eiTct immediately. ACT 2216. Prescribing the manner of locating mining claims upon tin public domain of the United Btates, recording no- tics of location thereof, amending defective locations, and providing for the deposil of district records with county recorders, and prescribing the effect to be given to recordation oi sot location and atlidavits. [Approve, 1 March U7, 189T. Stats. 1897, p. 214.] ■0, 9. e. in charge of every coal mine, shall employ ■ com | i shall % ful watch over the ventilating apparatus, over the air 9 the traveling pumps and sumps, the timbering, to in their excavations thai all (eose coal, slate, or rock overhead is carefully secured against fall- ing; over the arrangemi gnaling from the bottom to the top, riiiil from t he top '«" the bottom of the shaft or sh pe, and all : 1 with the appertaining to the safety of the men at work in the mine. lie, or his a Bhall lh the of all minis generating pin- morning before the miners enter, ami shall ascertain that the mine is free from danger, ami the workmen shall not enter tin- mine until Buch examination has been made and resported, and the cause of danger, if any, be tempi 6. The overseer -hall Bee that hoisting maenim kept constantly in repair and ready for use, to hoist the workmen in or out of the mine. Owner. Sec. 7. The word "owner" in this act shall apply to e as well. Right of action. Sec. 8. For any injury to person or property occasioned by any violation of this act. or any willful failure to iom- p'lv with its provisions, a n_ ;ion shall accrue to the party injured for any direct damages he or she may have Sustained thereby, before any court of competeut jurisdiction 617 MINES AND MIXING. Act 2224, §§ 1, I Liability. Sec. 9. For any willful failure or negligence on the part of the overseer of any coal mine, he shall be liable to con- viction of misdemeanor, aril punished according to law; pro- \ided, that if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter. Boilers. Sec. 10. All boilers used for generating steam in and about coal mines shall be kept in good order, and the owner or agent thereof shall have them examined and inspected, by a competent boiler-maker, as often as once in three months. Sec. 11. This act shall not apply to opening a new coal mine. Sec. 12. This act shall take effect immediately. ACT 2224. An act to provide a state hospital and assdum for miners. [Approved March 14, 1881. Stats. 1881, p. 81.] Erection of state hospital for miners. Sectiou 1. There shall be erected, as soon as conveniently may be, upon some suitable site, to be determined and ob- tained as is hereinafter provided, a public hospital and asy- lum for the reception, care, medical, and surgical treatment, and relief of the sick, injured, disabled, and aged miners, which shall be known as the ' ' California State Miners ' Hos- pital and Asylum." Trustees of, how appointed. Sec. 2. The governor shall nominate, and by and with the advice and consent of the senate appoint five persons to serve as trustees of the said institution, who shall be a body politic and corporate by the name and style of the ' ' Trustees of the California State Miners' Hospital Asylum," and shall man- age and direct the concerns of the institution, and make all necessary by-laws and regulations, and shall have power to receive, hold, dispose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for the use of said institution, and shall serve without compensa- tion. Of those first appointed, two shall serve for two years, and three for four years; and at the expiration of the respec- tive terms, each class thereafter shall be appointed for four years. A vacancy in said board, from any cause, shall be filled by appointment by the governor for the unexpired term. Act 2224, 5§ 3-8 MINES AND MINING. «M Superintendent, how appointed. Sec. 3. The said trustees shall have charge of the general interests of the institution; they shall appoint the superin- tendent, who sli;ill i>c a -killful physician and surgeon, subject to removal or no oftener than in periods of ten years, except by infidelity to the trust reposed in him, or for incompetency. By-la Sec. 4. The trustees, by and with the consent of the gov- ernor, shall make such by laws and regulations for the gov- ernmenl of the institution as shall b r v; they shall appoint i treasurer, who Bhall rive bonds to the people of the state of California for the faithful discharge of his duties; and they shall tix the compensation of all officers, assistants, and attaches, who may be necessary for the just and economi- cal administration of the affairs of said institution. Charges for medical attendance. [ndigenl i U be charged for medica] at- tendance, surgical operations, board, and nursing while resi- dents in the hospital and asylum, no more than the actual cost; pa. anta, whose friends can pa\ their expenses, and who are cot chargeable upon townships and counties, shall pay according to the terms directed by the trustees. Powers of boards of supervisors. Sec. 6 The seveial hoards of supervisors of counties, or an) constituted authority in the state having care and eh of any indigent sick, or aged person or pi torily proven by them to have been miners, shall have author- ity to send to the "California State Miners' Hospital and iiru" such persona, and they shall be severally charge- able with the expenses of the care, maintenance, and treat- ment, and removal to and from the hospital and asylum of such patients. Trustees to report. Sec. 7. The trustees shall annually, at such time as the governor may designate, report to him, for transmission to the legislature, such a Statement as he may require as to the management of the said hospital and asylum. Sec. 8. This act shall take effect immediately. J19 MINES AND MINING. Act 2225, §§ 1, 2 ACT 2225. An act to establish a uniform system of mine bell signals, to be used in all mines operated in the state of California, and for the protection of miners. [Approved March 8, 1893. Stats. 1893, p. 82.] Section 1. Every person, company, corporation, or in- dividual operating any mine within the state of California — gold, silver, copper, lead, coal, or any other metal or substance where it is necessary to use signals by means of bell or otherwise for shafts, inclines, drifts, crosscuts, tunnels, and underground workings — shall, after the pas- sage of this bill, adopt, use, and put in force the following system or code of mine bell signals, as follows: 1 bell, to hoist. (See rule 2.) 1 bell, to stop if in motion. 2 bells to lower. (See rule 2.) 3 bells, man to be hoisted; run slow. (See rule 2.) 4 bells, start pump, if not running, or stop pump if run- ning. 1 — 3 bells, start or stop air compressor. 5 bells, send down tools. (See rule 4.) 6 bells, send down timbers. (See rule 4.) 7 bells, accident; move bucket or cage by verbal orders only. 1 — 4 bells, foreman wanted. 2 — 1 — 1 bells, done hoisting until called. 2 — 1 — 2 bells, done hoisting for the day. 2 — 2 — 2 bells, change buckets from ore to water, or vice versa. 3 — 2 — 1 bells, ready to shoot in the shaft. (See rule 3.) Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.) Levels shall be designated and inserted in notice here- inafter mentioned. (See Eule 5.) Sec. 2. For the purpose of enforcing and properly un- derstanding the above code of signals, the following rules arc hereby established: Eule 1. In giving signals make strokes on bell at regular intervals. The bar ( — ) must take the same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket, or cage, are wanted to stop at any level in the mine, signal by number of strokes on the bell, the number of the level first before giving the signal for tim- Act 2223, J 8 3. 4 ND MINING. MO ber, tools, etc. Tim. between Bignalfl to be double bars ( — — ). Kxamph s: 6 — - at sixth level with tools. 4 — — 1 — 1— — 1, \voul the bucket, and give the signal lo hoist. Rule 1. All timbers, to tc., "longer than the depth df the b ed or lowered, must be s< cur.lv lasli. ■ th.' Cable. Miners must know they will ride up or down the shaft without catching on rocks or timbers, and be thrown out. Rule ."i. 'I'lo foreman WJU SOC that OM print,,] sheet of ' for < ach level and one for th.- engii i hoard not Imp than twelve inches wide I twfl long, and si.ur.lv f. the board op gnals can be easily r.a.l at the pi above Btat< 1. Rule 6. The gnala and niles must be si Anv violation will be sufficient groands for discharging the party or part I person, company, corpora- tion, or individuals operating any mine within the state of California shall be responsible for accidi ats thai may happen to men disoboying the above rules and signals, s.ii.l notici and rules shall be signed by the person or superintendent baying charm of the mine, who shall designate the name of the corporation or the owner of the mine. Sic. 3. Any person or company failing to <-arry out anv of the provisions of this acl shall be responsible fo* all damages arising to or incum .1 by any person working in said mini during the time of such failure. Sec. 4. This act shall tak< effect Immediately) 621 MINKS AND MINING. Act 2226, §§ 1-3 ACT 2226. An act to provide for the appointment, duties, and com- pensation of a debris commissioner, and to make an appropriation to be expend) '1 under bis directions in tbe discbarge of his duties as sucb commissioner. [Approved March 24, 1893. Stats. 1S93, p. 339.] Amended 1897. 169; 1901, 2S4. 564. Sec. 6 repealed 1901. 564. Section 1. The governor of the state of California shall, on or before the first day of January, one thousand nine hundred and two, appoint a competent civil or mining en- gineer for a period of four years only, to be known as and called the state debris commissioner. [Amendment ap- proved March 13, 1901. Stats. 1901, p. 284. In effect im- mediately.] Sec. 2. Said commissioner shall receive as full com- pensation for his services an annual salary of six hundred dollars, payable monthly out of the state treasury in like manner as the salary of other state officers, and his neces- sary traveling expenses while actually engaged in the dis- charge of his duties, to be allowed by the state board of examiners. [Amendment approved March 23, 1901. Stats. 1901, p. 564. In effect immediately.] Sec. 3. It shall be the duty of the said debris commis- sioner to consult and advise with the members of the corps of engineers of the United States army comprising the Cali- fornia Debris Commission (created by act of congress, ap- proved March first, eighteen hundred and ninety-three), in relation to the construction of works for the restraining and impounding of debris resulting from mining opera- tions, natural erosion, or other causes; and it shall be his duty to examine such works, and to report the result of such examination to the state board of examiners. Said debris commissioner is further authorized and directed to consult and advise with said "California Debris Commis- sion" in relation to any and all plans and specifications that may have been, or may hereafter be prepared or adopt- ed by said "California Debris Commission," for the con- struction of such restraining or impounding works, and said debris commissioner shall submit a copy of all such plans and specifications to the state board of examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto. -C. J 4 MlNKri AND MI.Ni. M The state board of examiners shall thereupon examine arnl consider the plana and specifications thus submitted to them, and in that behalf may require the i debris sioncr, during tin ir examination and ition thereof. The state board of examiners shall k< ■ p a record of their deliberations and shall i i t h> r an rove said jilans and spi cifications, which approval or d proval may !•■ . r. I ; provnn d, that nu plans and specifications bavolvii enditure on the part of the stab >rnia of B 'han the appropriation herein mads shall be appro\ If said plans and BpecificatJ ed by the state board of exami aei Mioner shall then upon r\ the said "< alifornia Debris Con sion, ' ' draw his wan ants u ; i »ller in favor of such person or persons by said "California Debris Commission" for such amounts as shall equal one-half of the cost of the construction of works; and said debris commissioner shall, in like manner, and when requested so to do by said "California Debris Commission," draw his warrant upon the state controller for an amount equal to one-half the purchase price of any site or Bites necessary lor the construction of said works; providi d, that the purchase of Buch site or sites shall have been first approved by the state board of examiners; anil provided further, that do warrant shall b< of the amount appropriated by this act. [Amendment approved March 17, 1897. Stats. 1897, p. L69. In effect im- mediately. ] Si,', i. Tin re is hereby appropriated out of the genera] fund of the treasury of the state not otherwise appro- €23 MIXES AND MIXING. Act SIX, §J 5-? nriatcd, the sum of two hundred and fifty thousand dollars, to be used in the construction of works for the restraining and impounding of debris resulting from mining operations, natural erosion, or other causes, and for the purchase of sites therefor. The appropriation made by this section is intended as a reappropriation of the sum of two hundred and fifty thousand dollars appropriati d by the act entitled "An act to provide for the appointment, duties, and compen- sation of a debris commissioner, and to s make an appropria- tion to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, eighteen hundred and ninety-three, and it is expressly intended and provided by this act that the state of California shall, in no event, incur any liability here- under beyond the amount of the appropriation herein made; and no contractor, claimant, or person shall acquire any right or obligation against the state of California beyond said sum so appropriated and set apart for the purposes here- inabove set forth and it is expressly declared that any claim or demand against the state of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the state controller upon the written request of said debris commissioner, as in this act provided. [Amendment approved March 17, 1897. Stats. 1897, p. 169. In effect immediately.] Sec. 5. The term of office of said debris commissioner shall be four years from the date of his appointment. He shall take the same oath of office as is provided by law for other state officers, and before entering upon the dis- charge of his duties shall give bond, with sufficient sure- ties, to be approved by the governor of the state, in the sum of fifty thousand dollars, for the faithful discharge of his duties as such officer. Sec. 6. Eepealed. [Act approved March 23, 1901. Stats. 1901, p. 5G4. In effect immediately.] Sec. 7. All expenditures authorized by the provisions of this act shall be subject to the approval of the state board of examiners; and the state controller is hereby au- thorized to draw his warrant for all expenditures not in excess of the appropriation herein provided for so approved by the state board of examiners, and the state treasurer ig hereby directed to pay the same. [Amendment ap- proved March 17, 1897. Statu. 1897, p. 169. In effect immediately.] Aets '*:.•: NP MINING. ACT 2227. An act regulating tin sal< of minora] lands belonging to th. stiitc. [s> its. L873-4, 766.] \n ■ 7. 488. 'tis: 2. When it shall lie shown by affidavits' or nth.r wis. . tci th. i the sur • any portion .>f a Hging to tin' ain able for its mineral deposits, tin- - not n j » j i r- > v • any application to | n r- sum . nor shall t '• r of th" ^tat.- lain! olli.-r ■ a ci 'i purclm r . until th-' question of '•hii the land ha- been referred for determination to a corn mpetent jurisdiction^ in the Banner pro viih ci by section thirty-four hundred and fourteen of tin Political Oode, an. I adjudged not to »..■ rateable as minim: la ml. ■ nth ami thirty sixth Becfions ! ing i.i th. B of the right of way through or - any mining claims, ditches, roads, canals, cuts, tunnels, and oth( r r the put] ■■ rking other mines; provided, thai ; thereby shall be as- d and paid for in the manner provided by law fur land taken for public DSC under the right of eminent domain. . . 3. This act shall tak. i iT.-.-t immediately. TITLE 306. MINING « ORPOBATIONR ACT 2231. Supplemental to act for formation of corporations. [Stats. r, p. 121.] Se<> note t" act RK. I Thl« act related '" corporation* formal for the purpose of dltch- Inr. mlnlnjr. <> r conveying water for mining. ACT 2235. In r> f( r • . r M organised to mine outside of the state. [8tats. 1861, p. 41.] Code, ejci-pt aa to pre exist- ing corporations.'"— Code Colnnll•J^ll•n«.■^8• Note. Be* act 02. ante. ACT 2236. To authorize corporations organized in this state for the purpose of mining in or without this state, to establish and maintain trai in other states. [Stats. su Code, sec*. 686, B87. ACT 2237. Authorizing mining corporations to change their place of business. [Stats. 1863-4, p. 76.] Sir," rscded by Bee. 321, Civ. Code, enacted 1875-«. ACT 2238. Authorizing mining companies of Aurora, Nevada) to re- move their plane of business to California. [Stats. 1803-4, p. 109.] 627 MISSING PERSONS. Acts 22^9-2246, $ 1 ACT 2239. Mining corporations, projection of stockholders in. [Stats. 1873-4, p. 8G6.] Amended 1880. 134; 1897. 38. Codified by amendments of Civil Code, 1905. See note to § 588. Civil Code. This act appears in full in Civil Code. Appendix, p. 749. It pro- vided that the honks were open to Inspection, for the posting or monthly accounts, and gave a right to inspect the grounds. ACT 2240. Further protection of stockholders in mining corporations. [Stats, 1880, p. 131.] Amended 1897. 96. Repealed 1905. 74. "!al. Rep. Cit. 78. 633; 80, 312; 80, 558; 81, 363; 106, 551; 118, 137; 127, 284; 127, 6S4; 144, 514; 144, 520; 146. 2.5. This act aDiears in full in Civil Code, Appendix, p. 752. It re- lates to the sale, lease, or mortgage of mines. ACT 2241. Concerning cor-"-" : ■ ' " • . aet of April 22, 1850. [Stats. 1871-2, p. 443.] Amended lS7u-«. t'JO. L ncuustitutional. (Chullar etc. Co. v. Wit- son. 66 Cal. 374.) This act appears in full in Civil Code, Appendix, p. 746. It pro- vided for the removal of officers of mining corporations. TITLE 307. MISSING PEESONS. ACT 2246. An act authorizing the appointment of trustees for the es- tates of missing persons, and defining the duties of such trustees. [Approved March 23, 1893. Stats. 1893, p. 218.] Section 1. That whenever any resident of this state has been or may hereafter be missing, or his whereabouts unknown, for the period of ninety days, and any such person owns, is seised, or entitled to the seisin or the possession of any real or personal property in this state, and it is represented to the superior court, or a judge thereof, of any county in which such person owns any prop- erty, upon verified petition of the wife or of any relative of friend of such person, that his whereabouts has been unknown for such period of time and is still unknown, and that his estate requires the attention, supervision, Act 2246. §§ 2-5 MISSING PERSONS. 828 and care of ownership, it shall be the doty of such court to appoint some suitable person or persons to take charge and possession of such estate as trustee, and to manage and control the same under the direction of said court. Sec. 2. That in appointing such truster the court shall preferably appoint the wife of such missing person (if any- such there be), or hei nominee) and in the absence of a wife, some person who would be entitled tQ participate in the distribution of such missing person's estate were he dead* And the Court shall have power to direct such trus- tee to pay to the person or constituting the i'amily of such missing person such Bum or sums of money, for family expenses and support, from the income ,,i gush es- tate, as it may from time to time determine. Sec. 8. That the bond of the trustee so appointed shall be in double the amount of the estimated annual income of such estate; provided, that where such missing person has a wife living and no children, and thi I Buch missing n is shown to he solvent, and the wife applies to be appointed trustee, thi court shall require no bond of her. Beat 4. It shall be the duty of such trustee or trust., s to take possession of all the real and personal .state in this state of such missing p.-rson, and to collect and rec. ive the rents, income and profits thereof; to Collect all indebt- edness owing to such missing person, and pay the and expenses thereof out of the trust fund, and to pay such in.c - of such missing person as he may bl authorised to do by the court making the appointmenl ol the trustee; and he shall from time to time, as he may be directed, account to and with said court for all of his or their acts and doings as trustee, and the court making such appointment may at any time, upon the application of any party int. rested, and upon good cause shown tin n for. re- move any trustee which it may so appoint, .and appoint Borne other person or persons trustee or trustees in his or their place or stead. Sec. 5. Upon presentation of the verified petition men- tioned in section one, the court or judge shall order the 6ame to be filed with the clerk of the court, and shall ap- point a time for the hearing of said petition, not less than ten days from the date of said order; and the clerk shall publish notice in some newspaper published in said county, stating that such petition will be heard at the time so ap- pointed, in the courtroom <>f said court, Said notice shall be published for five days, and such other notice of said 629 MOBS-MOt>6C COUNT?. Acts 2251-2263 application shall be given in such manner and to such per- sons as the court or judge may direct. All orders, judg- ments, and decrees made in proceedings under this stat- ute may be entered and recorded as and with the like ef- fect as other orders, judgments, and decrees in superior courts. From and after the presentation of said petition, and until decision rendered thereon, the wife of such miss- ing person shall have all the powers of a trustee duly ap- pointed and qualified under this act, and shall act as such trustee, subject to the direction of the court. Sec. 6. This act shall be in force from and after its passage. TITLE 308. MOBS. ACT 2251. To provide for the compensation of parties whose prop- erty may be destroyed by mobs or riots. [Stats. 1867-8, p. 418.] Superseded by Political Code, sees. 4452-4457. TITLE 309. MODESTO. ACT 2256. & P. Leavenworth and his assigns, granting right to supply town of Modesto with water. [Stats. 1875-6, p. 41.J TITLE 310. MODOC COUNTY. ACT 2261. Creating. [Stats. 1873-4, p. 124.] Supplemented 1873-4, 517. See. 4 of last-named act repealed as to Adln township, 1877-8, 111. ACT 2262. Semi-annual payment of interest and principal on bonds issued to Siskiyou County. [Stats. 1875-6, p. 649.] ACT 2263. Lawful and partition fences in. [Stats. 1873-4, p. 362.] Amended 1875-6, 71. Acts 2264-2283 MOKELIMNE HILl^MONEY. CSo ACT 2264. Fees and salaries of officers of. [Stats. 1877-8, p. 140.] Amended I Repealed by O.unty Government Act 666. sec. 208. as to salaries; and as to fees by the fee bill of 1896. 267. as to the officers therein DM ACT 2265. Herding of sheep, restriction of. [Stats. 1877-8, p. 841.] ACT 2266. Treasurer of county, bond of. | Stats. 1875-6, p. 154. J Repealed by County Uuvernim nt Act, 1S37. 476. sec. 66. TITLE 311. MOKELUMNE HILL. ACT 2271. Name changed to Lodi. [Stats. 1873-4, p. 690.J ACT 2272. Defining fire limits of, and providing for the support of the lire department thereof. [Stats. 1871-2, p. 625.J TITLE 312. MOKELUMNE RIVER. ACT 2277. To declare the Mokelurane River navigable. [Stats. 1880, p. 22.] Superseded by Political Code. sec. 2349. TITLE 313. MONEY. ACT 2282. In' relation to money of account in this state. [Stats. 1850, p. 459.] Superseded by Political Co-ie, s«rs. 3272-8274. ACT 2283. To regulate the coining of money by individuals. [Stats. 1851, p. 17*1.] Superseded as to Its p<=nnl provisions by sec. 6 of ths Punal Coda, and probably entirely superseded. «50a MONO COUNTY— MONTEREY CITY. Acts 2284-2298 ACT 2284. To prohibit any person or persons, association, company or corporation from exercising the privileges of bank- ing or creating paper to circulate as money, [Stats. 1855, p. 128.] Superseded by Penal Code. sec. 648. TITLE 314. MONO COUNTY. ACT 2289. Assessor, fixing compensation of. [Stats. 1873-4, p. 708.] Repealed by County Government Act, 1897, 570, sec. 213. ACT 2290. Official bonds in. [Stats. 1873-4, p. 180.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 2291. To provide for additional judge in. [Stats. 1880, p. 99.] Repealed 1883, 62. ACT 2292. Public roads in, improvement of. [Stats. 1877-8, p. 438.] Repealed 1883, 5, chap. X, sec. 2, and by Political Code, sees. 2642, 2652. ACT 2293. Stallions running at large, act to prevent. [Stat3. 1873-4, p. 228.] Codified by amendment of Penal Code, 1905. See note to § 597c, Penal Code. ACT 2294. Teachers in, employment of. [Stats. 1873-4, 509.] Probably repealed in Political Code, sec. 16^6, as amended 1S9:;, TITLE 315. MONTEREY CITY. ACT 2298. An act to provide for the acquisition of the old mission at Sonoma, of Fort Boss property, of the landing place at Acta 2298, 2299 ITT. &»b Monterey of Junipi ro S( ra, and the old theater prop- erty at Monterey, and providing foT tin tion, maintenance, probsctton and improvement prop- er! i [Approved F< bruary 21 5, p 17.1 >n 1. Tin' Board of 3 ' it "Trustees, creat A and existing under an ad entitled "An act to provide foT the appointment of a Board of Sutter's Port Trustees, and the acquisition of the Suttei Fort property, and providing for ;m appropriation for the preservation, protection and improvement of said prdpeTl roved March '■ ' are hereby authorial d to receive and a pt from William ft&ndorph Hearst, I I the Landmarks Fund. without COSl to the state, tin- p Uttt to the old mission at Bonoma and Fori BOSS in the nmntv of Sonoma. Sec. 2. The said Board of Sntt.r's Fort Trustees shall provide for tin preservation, maintenana 'ion and Improvement of the property hereinbefore described, in Bucfa way and manner as in their judgment may -''iii best and propi r. Bee. •'■■ The Board of '' top House Trustees created and existing under an act entitle. I "An act to pro- \'<]e for the appoint no nt of a Board of Mo' Bouse Trustees and for the acquisition and control of the Monterey custom boost property, and providing for an ap- propriation for tin- preservation, protection and impn ment of said property," approved March 16, LdOl, are hereby authorized to rec< ive and acc< pt from William Ran- dolph Hearst, trustee of tin l,-indi!Virk>i Fund, without cost to the state, possession ami title to the landing place at t,rev of .lunipero Si ra. in the county of Monterey, and old theater property at Monti rev, in the county of Mon- terey. Bee 4. The said Board of Monterey Custom House Trus- tees shall provide for the preservation, maintenance, pro- tection and improvement of the pro pi rt v last before de- scribed, in Buch way and manner as in their judgment may seem best and propi r. Bee 5. This act shall take efB ct immediately. ACT 2299. To incorporate the city of Monterey. [Stats. 1So3, p. 1 .">n. ] Amen.'c.l lK.'.T. 56; L862, 271. 1865, 834. Ri Supp. Cal. Rep. Clt. 139. 545; 113. 046. 13a. 547; 139, 557; 139, 55». €31 MONTEREY COUNTY. Acts 2300-23X2 ACT 2300. To grant to the city of Monterey the title to the water front of said city in the bay of Monterey. Stats. 1867- 8, p. 202.] Amended 1903, 290. TITLE 316. MONTEKEY COUNTY. ACT 2306. Courthouse and jail, erection of. [Stats. 1877-8, p. 28.] Amended 1877-8, 1034 ACT 2307. Transfer of money from one fund to another. [Stats. 1875- 6, p. 595.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. This act authorized the transfer of money from the swamp land fund to the general fund. ACT 2308. Concerning roads and highways in. [Stats. 1877-8, p. 998.] Repealed 1SS3, 5, chap. X, sec. 2, and by the County Government Acts. ACT 2309. Eepealing the act of 1868 relating to roads in Monterey and making the provisions of the codes, respecting roads and highways applicable. [Stats. 1873-4, 307.] ACT 2310. Authorizing the appointment of two additional notaries in Monterey County. [Stats. 1871-2, p. 792.] Repealed by Political Code, sec. 791. ACT 2311. In relation to officers of, their fees and salaries. [Stats. 1877-8, p. 863.] "Repealed, except as to county surveyor, by fee bill of 1895, 267. and the County Government Act, 1897, 526, sec. 175. The provisions re- lating to the salary of recorder never went into effect. See Speegle v. Joy, 60 Cal. 278." — Code Commissioners' Note. ACT 2312. To legalize and make valid copies of certain records of. [Stats. 1877-8, p. 736.] Vets 2313-233" MONTEREY CUSTOM HOUSE— MORTGAGES. 632 ACT 2313. Fees of sheriffs of. [Stats. 1871-2, p. 419.] Repealed by County Government Act, 1897, 526, sec. 175. ACT 2314. Fixing salary of superintendent of common schools of. [Stats. 1871-2, p. 316.] Repealed by County Government Act, 1897. 526, sec. 173. ACT 2315. Supervisoral districts, reorganizing. [Stats. 1873-4, p. 203.] Amended 1873-4. 432. Superseded by County Government Act. UflfJ, 452. ACT 2316. Supervisors, terms of. [Stats. 1875-6, p. 124.] Amended 1877-8, 326. Repealed by County Government Act, 1897. 452. TITLE 317. MONTEREY CUSTOM HOUSE. ACT 2320. To provide for the appointment of a board of Monterey custom house trustees and for the acquisition of the control of the Monterey custom house property, and providing for an appropriation for the preservation, protection, and improvement of said property. [Ap- proved March 16, 1901. Stats. 1901, p. 516.] TITLE 318. MORO COJO SLOUGH. ACT 2325. Declared navigable. [Stats. 1873-4, p. 790.] Repealed by Political Code, sec. 2349, as amended 1891. TITLE 319. MORTGAGES. ACT 2330. To abolish attorney's fees and other charges in foreclosure. [Stats. 1873-4, p. 707.] This act can be found in the Appendix to the Code of Civil Pro- cedure, p. 780. C32a MOTORCYCLES. Act 2331, §§ 1. 2 TITLE 319a. MOTORCYCLES. ACT 2331. An act to regulate the operation of motor vehicles on public highways, and making an appropriation for the purpose of carrying out the objects of this act. [Approved March 22, 1905. Stats. 1905, p. 816.] Section 1. Subdivision 1. The words and phrases used in this act shall, for the purposes of this act, unless the same be contrary to or inconsistent with the context, be con- strued as follows: (1) "motor vehicle" shall inchule all vehicles propelled by any power other than muscular power, provided that nothing herein contained shall, except the pro- visions of subdivisions three, four and five of section three and subdivision one of section four of this act, apply to motorcycles, motor bicycles, traction engines or road roll- ers; (2) "public highways" shall include any highway, county road, state road, public street, avenue, alley, park, parkway, driveway or public place in any county, or incor- porated city and county, city or town; (3) "closely built up ' ' shall mean (a) the territory of any county or incor- porated city and county, city or town contiguous to a pub- lic highway which is at that point built up with structures devoted to business, (b) the territory of any county or in- corporated city and county, city or town contiguous to a public highway not devoted to business, where for not less than one quarter of a mile the dwelling-houses on such highway average less than one hundred feet apart, provided that the local authorities having charge of such highway shall have placed conspicuously thereon at both ends of such closely built up seetion signs of sufficient size to be easily readable by a person using the highway, bearing the words "Slow down to miles," inserting in the blank space the number of miles to which the speed is to be reduced, and also an arrow pointing in the direction where the speed is to be reduced; (4) "local authorities" shall include all boards of supervisors, trustees or councils, committees and other public officials of counties, or incorporated cities and counties, cities or towns; (5) "chauffeur" shall mean any person operating a motor vehicle as mechanic, employee or for hire. See. 2. Subdivision 1. Every person hereafter acquiring a motor vehicle shall, for every vehicle owned by him, file Act 2331. § 2 MOTORCY' •'■ ::. > in the office of the secretary of statement of his name and address, with a brief dCBM iption of the vehicle t be registered including the name of the maker, faetorv number, style of vehicle and motor power ou a blank to be prepared and furnished by such secretary of state for that purpose; the filing fee shall be two dollars. Subdivision 2. The secretary of state shall thereupon file such Statement in his office, register such motor vehicle in a book or index to be kept for that purpose, and assign it a distinctive numb, r. Subdivision B. The secretary of state shall forthwith on sueh registration, and without other fee, I deliver to the owner of sueh motor vehicle a seal of aluminum or other suitable metal, which shall be eireular in form ap- proximately two in. dies in diameter, and have stamped thereon the words "Registered motdi . No. . state of California," with the registration Dumber inserted therein; which seal shall 1 1 1 • r • 1 1 T . r at all times be con- spicuously displayed on the motor vehicle, to which sueh number has bi rd. Subdivision 4. If the Vehicle has been previouslv f.-n d. the oriili at. issu.il tin reon shall be returned to the secretary of state and in lieu thereof such Secretary shall issue to said OWUer a registration seal containing the num- ber of such previous registration upon payment of a fee Of One dollar. I'pon the sale of a motor vehicle, the vendor", exc.pt a manufacturer or . Kvery motor vehicle shall also at all tiims have the nun t ' ' ■ it displayed on the back of such vehicle in such manner as to be plainly visible, the num- bers to be in arabic numerals, black on whit. and, b not less than thn - in height, and each Stroke f.. b. ..f a width not less than half an inch, and also as a part of such number the abbreviated name m . in bla.k on white ground, such letters to be not less than one inch in height. Subdivision C. A manufacturer of or a dealer, in motor vehicles shall register one v. hi.de of each style or type manufactured or dealt in by him, and be entitled to as many duplicate registration seals for each type or style so manufactured or dealt in as he may desire on payment of an additional fee of fifty cents for each dupli If 632c MOTORCYCLES. Aet 2331, § i a registration seal and the corresponding number shall there- after be affixed to and displayed on every vehicle of such type or style as in this section provided, while such vehicle is being operated on the public highways; it shall be deemed a sufficient compliance with subdivisions one, three, five and eight of this section, until such verdict shall be sold or let for hire. Nothing in this subdivision shall be construed to apply to a motor vehicle employed by a manufacturer or dealer for private use or for hire. Subdivision 7. No motor vehicle shall be used or operated upon the public highways after thirty days after this act takes effect which shall display thereon a registration seal or number belonging to any other vehicle, or a fictitious reg- istration seal or number. Subdivision 8. No motor vehicle shall be used or operated on the public highways after thirty days after this act takes effect, unless the owner shall have complied in all respects with this section, except that any person purchasing a mo- tor vehicle from a manufacturer, dealer or other person after this act goes into effect shall be allowed to operate such motor vehicle upon the public highways for a period of five days after the purchase and delivery thereof, provided that during such period such motor vehicle shall bear the reg- istration number and seal of the previous owner under which it was operated or might have been operated by him. Subdivision 9. The provisions of this section shall not apply to motor vehicles owned by non-residents of this state and only temporarily within this state, provided the owners thereof have complied with any law requiring the registra- tion of owners of motor vehicles in force in the state, terri- tory or federal district of their residence, and the registra- tion number showing the initial of such state, territory or federal district shall be displayed on such vehicle substan- tially as in this section provided. Sec. 3. Subdivision 1. No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person, or the safety of any property; or in any event on any public highway where the territory contiguous thereto is closely built up, at a greater rate than one mile in six minutes, or elsewhere in any incorporated city and county, city or town" at a greater rate than one mile in four minutes, or elsewhere outside of any incorporated city and Act 2331, J 3 MOTORCYCLES. «3M county, city or town, at a greater rate than one mile in three minutes; subject, however, to the other provisions of this act. Subdivision 2. Upon approaching a bridge, dam, sharp curve, or steep descent, and also in traversing such bri dam, curve or descent, a person operating a motor vehicle shall have it under control and operate it at a rate of speed not exceeding one mil<' in fifteen minutca, and upon ap- proaching a crossing of intersecting highways at a speed not greater than is reasonable and proper, having regard to the traffic then on such highway and the safety of the public. Subdivision 3. T'jmn approaching a person walking in the roadway of a public highway, or a horse or horses, or other draft animals. > . • ing ridden, led or driven thereon, n person rating a motor vehicle shall give reasonable warning of its approach, and asi every reasonable precaution to insure the s.iti ty of such person or animal, and, in the case of horses or other draft animals, to prevent frightening the same. Subdivision 4. A person operating a motor vehicle shall, at request or on sjgnal by putting up the hand, from a per- son riding, leading or driving a restive horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, rind, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal to pass. and. if traveling in the same direction. use reasonable caution in thereafter passing such horse or animal; provided that, in case such horse or animal appears badly frightened or the person operating such motor vehicle is requested to do so, such person shall cause the motor of such vehicle to cease running so long as shall be reasonably iry to prevent accident and insure safety to others. Subdivision 5. In case of accident to a person or prop- erty on the public highway, due to the operation thereon oi a motor vehicle, the person operating such vehicle shall stop, and, upon request of a person injured, or any person present, give such person his name and address, and, if not the owner, the name and address of such owner. Subdivision G. Local authorities may, notwithstanding the other provisions of this section, set aside for a given time a specified public highway for speed tests or races, to be conducted under proper restrictions for the safety of the public. 6S2« MOTORCYCLES. Act 2331, 5 I Sec. 4. Subdivision 1. "Whenever a person operating a motor vehicle shall meet on a public highway any other person riding or driving a horse or horses or other draft an- imals, or any other vehicles, the person so operating such motor vehicle shall reasonably turn the same to the right of the center of such highway so as to pass without interfer- ence. Any such person so operating a motor vehicle, shall, on overtaking any such horse, draft animal or other vehicle, pass on the left side thereof, and the rider or driver of such horse, draft animal or other vehicle shall, as soon as practicable, turn to the right so as to allow free passage on the left. Any such person so operating a motor vehicle shall at the intersection of public highways, keep to the right of the intersection of the centers of such highways when turning to the right and pass to the right of such in- tersection when turning to the left. Nothing in this subdi- vision shall, however, be construed as limiting the meaning jr effect of the provisions of section three of this act. Subdivision 2. Every motor vehicle, while in use on a public highway shall be provided with good and efficient brakes, and also with suitable bell, horn or other signal, and be so constructed as to exhibit, during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights visible within a reasonable distance in the direction towards which such vehicle is proceeding, showing the registered number of the vehicle in separate arabic numerals, not less than one inch in height and each stroke to be not less than one quarter of an inch in width, and also a red light visible in the reverse direction. Subdivision 3. Subject to the provisions of this act, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or operator of a motor vehicle any license or permit to use the public highways, or excluding or prohibiting any motor ve- hicle whose owner has complied with section two of this act from the free use of such highways, except such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages, or except as herein provided, in any way affecting the regis- tration or numbering of motor vehicles or prescribing a slower rate of speed than herein specified at which such vehicles may be operated, or the use of public highways, con- trary or inconsistent with the provisions of this act; and all such ordinances, rules or regulations now in force are hereby declared to be of no validity or effect; provided, however, 1. § J MOTORCY* 63» that the local authorities of incorpon and counties, citi's and towns may limit by ordinance, rnlr or regulation hereafter adopted 1 1 » « speed af motor vehicles on tin- pubjic highways, on condition thai such ordinance, mis 01 regnta- tion shall also fix tin fctd limitation for all otlur vehicles, Buch speed limitation not to b* in any aaee less than one mile in six minutes and on further condition that such incorporated <-i ty and county, city or town shall also have placed conspicuously on each main public highway whew Mw boundary of such municipality ' ■"• SUM and on every main highway where the rate of speed changes, signs be easily readable by s person aging the highway, bearing th< words "slowdown to mi being inserted,) and also an arrow pointing in the direction where th< speed - I or changed, and also on further condition that such ordinance, rule or regu- lation shall fix tin penalties for violation thereof similar to and Tin greater than those axed by such local authorities for violation of Bpeed limitation by any otlor vehicles than motor vehicles, which penalties shall during th< the ordinance, nil- or regulation supersede I ifled in s.i-tion ^i\ of this act, and provided further that nothing in this a«-t contained shall b< | |S limiting the power of local authorities to mat.' and maintain furtlnr ordinances, rules ir regulations affecting motor vehicles which an offered to the public for hire. Subdivision 4- pOCaJ authorities may, notwithstanding the provisions of this act. make, i oforce and maintain smdi lonable ordinances, rules or regulations ooncerning the speed at which motor vehicles may I p< rated in any ;>ul>- 1 if park or parkways, hut in that event, must b« si^iis at each i ntrance of such park ami along such parkways, con- spicuously indicate the rate of spe. d permitted or required, and may exclude motor vehicles from any c nn t< ry or grounds used for burial of the dead. Subdivision 5. .Nothing in this act shall be construed to curtail or abridge the right of any person, to prosecute a civil suit for damagi a by reason of injuries to person or property resulting from the negligent use of the highways by a motor vehicle or ts owner or his employ. .• or agent- 5. Subdivisien 1. Every person hereafter desiring to operate a motor vehicle as a ehauffuer shall file in the Office of the secretary of state , on a Idank to he supplied by such secretary, a stah ■nu at which shall include his diig MOTORCYCLES. Act 2331. J « name and address and the trade name and motive power of the motor vehicle or vehicles he is able to operate, and shall pay a registration fee of two dollars. Subdivision 2. The secretary of state shall thereupon file such statement in his office, register such chauffeur in a book or index to be kept for that purpose, and assign him a number. Subdivision 3. The secretary of state shall forthwith, up- on such registration and without other fee, insure and de- liver to such chauffeur a badge of aluminum or other suit- able metal which shall be oval in form, and the greater di- ameter of which shall not be more than two inches, and such badge shall have stamped thereon the words: "Reg- istered chauffeur, No. , State of California," with the registration number inserted therein; which badge shall thereafter be worn by such chauffeur pinned upon his cloth- ing in a conspicuous place at all tines while he is operat- ing a motor vehicle upon the public highways. Subdivision 4. i\ r o chauffeur, having registered as herein provided, shall voluntarily permit any other person to wear his badge, nor shall any person while operating a motor ve- hicle wear any badge belonging to another person, or a fic- titious badge. Subdivision 5. No person shall operate a motor vehicle as a chauffeur upon the public highways after thirty days after this act takes effect, unless such person shall have complied in all respects with the requirements of this section. Sec. 6. Subdivision 1. The violation of any of the pro- visions of this act by any owner, chauffeur or operator of any motor vehicle, shall be deemed a misdemeanor, punish- able, upon conviction thereof, by a fine not exceeding one hundred dollars for the first offense, and punishable by a fine of not less than fifty dollars nor more than one hun- dred dollars, or imprisonment not exceeding thirty days, or both for a second offense, and punishable by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars and imprisonment not exceeding thirty days for a third or subsequent offense. Subdivision 2. In case the owner of a motor vehicle shall be taken into custody because of a violation of any provision of this act, he shall be forthwith taken before the nearest justice of the peace, or police judge or court, and be entitled to an immediate hearing; and if such hearing Act 2331, §§ 7. 8 MOTORCYCLES. Ktr\ cannot then bo had, be released from custody on giving his personal undertaking to appear and anawer for such viola- tion, at sni'li time and | ihaU then l>e ordered, seeared by the deposit of a sum equal to the maximum fine for the offense with which he i> charged, or in lieu thereof, by leav- ing the motor vehicle owned by such person, with such jus- tice of the peace, police judge or clerk of such police court, or, in case such justice of the peace or police judge is not forthwith released from Custody on giving his name and address to the officer making such arrest, and de- ling with such officer a sum equal to the maximum fine for the offense for which such am \ meat on such receipt notify such person to appear before the nearest justice of the ] or police judge or C< lirt, on the following day. naming him or it and specifying the place or hour. In case security shall be deposited, as in this subdivision provided, it shall be re- turned to the person depositing forthwith on such person being admitted to bail, on the surrender of any receipt or other voucher given at the time of SBCb deposit. If such person shall fail to appear before the magistrate or court at tlo time ordered or specified, the amount deposited by him may lie declared forfeited and disposed of as money depos- ited for bail in other cases, or the motor which may be 80 letf by him may be sold at public auction by order of the justice of the peace, or police judge or court, and from the amount realized upon such sale, a sum equal to the maxi- mum fine for the offense charged shall be disposed of in like manner, and the surplus, if any, after d< ducting all expenses incurred in keeping or sale of such motor vehicle be n turned to such owner on demand, but no such tor- feiture and disposition of such security shall in any wise impair the jurisdiction of such justice of the peace, police judge or court to hear and determine any such charge made against such own r, or to inflict, upon conviction thi H of, any punishment prescribed by this act. Sec. 7. The amount of fees received by the secretary of state, as in this act provided, shall be paid into the state treasury, to be paid into the general fund of the state. S. .-. S. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum 5321 MUNICIPAL CORPORATIONS. Act 2338 of twenty thousand dollars ($20,000.00), for the purpose of carrying out the objects of this act, to be used by the secretary of state in the employment of the necessary clerk or clerks; the purchase of the necessary stationery, books, and postage; for the necessary incidental expenses; for the purchase of the necessary seals and badges; for printing, ruling, binding, and all other work performed and mate- rials used by the state printing office, to be used during the balance of the fifty-sixth, and during the fifty-seventh and fifcy-eighth fiscal years. The state controller is hereby di- rected to draw his warrant for any claim against said sum, the same having been approved by the state board of ex- aminers, and the state treasurer is hereby directed to pay the same. Sec. 9. All acts and parts of acts inconsistent herewith or contrary hereto are, so far as they are inconsistent or contrary, hereby repealed. Sec. 10. This action shall take effect immediately. TITLE 320. MUNICIPAL CORPORATIONS. ACT 2332. An act to validate the organization and incorporation of municipal corporations. [Approved March 20, 1905. Stats. 1905, p. 400.] Section 1. All municipal corporations, the organization and incorporation of which have been authenticated by an order of a board of supervisors in this state, declaring the same incorporated as municipal corporations of the classes to which such corporations may respectively belong, and a certified copy of which order has been filed by such board of supervisors in the office of the secretary of state, show- ing such copy of said order to have been filed in said office, and which corporations thereafter have acted in the form and manner cf municipal corporations under the provisions of "An act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, and the amendments thereto, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the board of supervisors with the secretary of state; and all the acts of the said municipal corporations heretofore performed according to Act 2333, 5 § 1, 2 MUNICIPAL CORPORATIONS. «3.'j the act aforesaid, are hereby validated, and declared as le- gal. ACT 2333. An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the costs and erpenses thereof upon the property benefited thereby. [Approved March 21, 1905. Stats. 1905, p. 501. J Section 1. Whenever the public int. rest or convenience may require, the city council of any municipality in tin- state shall have full power and authority to order pt posts, wins, pipes, conduits and lamps, or any of said ap- pliances, or any other suitable or necessary appliances, to b'' installed in and along the whole or any part oi any pcblic Street, lane, alley, court or place in such municipal- ity, for the purpose of lighting the same; also to order ap pliane.s in and along the same, installed under this act. or otherwise installed and owned or controlled by such muni- cipality, to be maintained; and also to or.br gas, electric current, or other illuminating agent, to be furnished for such lighting; in the manner and under the proceedings hi reinaft* r described- ordering any improvement to be made, winch is authorised by Bection one of this act, the city council shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, which may include the whole or any part of one or more Mr lam s. alleys, courts or places, and specifying the exterior boundaries of the district to be benefited by said improve- ment and to be assessed to pay the cost and expei thereof, and to be known SS tl tent district. Said proposed improvement may include any or all of the dif- ferent kinds of work mentioned in Bection one of this act; provided, however, that the maintenance of appliances or the furnishing of gas, eleetrie current or other illuminating agent, shall be for a period stated in the resolution of in- tention, but not exceeding two years. The city council shall also, in the same resolution, refer the proposed im- provement to the city engineer, if there be one, and if not, to some competent person employed by the municipality for the purpose and named in said resolution, and direct him to make and file with the clerk of the city council a report in writing presenting the following. 63-k MUNICIPAL, CORPORATIONS. Act 233C, §§ :'., I 1. Plans and specifications for the work required in or- der to make said improvements; 2. An estimate of the cost of said improvement and of the incidental expenses in connection therewith; 3. A diagram showing the district above referred to, and also the boundaries and dimensions of the respective sub- divisions of the land within said district, each of which subdivisions shall be given a separate number in red ink upon said diagram. 4. A proposed assessment of the total amount of the costs r\nd expenses of the proposed improvement upon the sev- eral subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the re- spective red ink numbers thereof, and shall show the names ot the owners, if known, otherwise designating them as un- known. No mistake in the name of the owner of any par- cel of land shall affect the validity of the assessment there- on. In any municipality having a board of public works cre- ated by its charter, or by law, the proposed improvements shall be referred to said board, and the report provided for herein shall be made by said board. Sec. 3. Upon the filing of the report provided for in sec- tion two of this act, the said clerk shall present the same to the city council for consideration, and said council may modify the same in any respect, and, in case of any such modification, the report as modified shall stand as the re- port for the purpose of all subsequent proceedings. There- after the council, by resolution, shall appoint a time and place for hearing protests in relation to the proposed im- provement, which time shall not be less than, twenty days from the date of the passage of said resolution, and shall direct the clerk of the city council to give notice of said hearing, and shall designate the newspaper in which such notice shall be published. Sec. 4. After the passage of the resolution mentioned in section three of this act, the clerk of said city council shall cause to be conspicuously posted along all streets and parts of streets within the assessment district described in the resolution of intention, a£ not more than three hundred feet in distance apart, notices (not less than three in all), of the passage of said resolution of intention and of the Act 2333, § E MUNICIPAL CORPORATIONS. 6321 filing of said report. Said notices shall be headed "No- tiee of Local Improvement," in letters not less than one inch in length, shall be in 1< gible characters, and shall state the fact and date of the passage of said resolution of in- tention and of the filing of said report, anil the date set for the hearing of s:ii>r dclin ' Bah , in tli>' r of t in i r nnmbera apon said diagram. At said sale the municipal' I a pure! The tax collector ahail ansae f mlc fin original and a duplicati <•< rt ifii- . referring t.. (ho I ■. and giving tin name • ' which said parcel waa rigii - leliver to the pur- ' m file in ins once in tht form of a stub in th( k. . 11. At any time befori tin expiration of one year the date of the sale, any pr id un.hr the proi aectiona ma] be red. . m. d by the payment to tl lector <>f the amonnt fur which the property waa sold, with an additional penalty of twenty- id amount. Said redemption money shall 'id l'.v the holding the orig- inal eertifical upon his delivering up tin- same and receipting for the amount received from tin- tax collector therefor. Upon redemption of any parcel <>f land the tax collector shall enter tin fact and dat b redemption upon the duplicate certificate of sale thereof. '. 12. If the property is sold, and is not redeemed within said period of from tie- date of the sal., tin- tax coll. ctor Bhal] execute to tin' person named in tin rial certificate, or to hie , a deed of the prop erty described in said certificate, which said deed shall re- «32o MUNICIPAL CORPORATIONS. Act 2333, 5 § 13, 14 fer in general terras to the proceedings under which the same is issued, and shall contain a description of the prop- erty. Such deed shall convey title in fee to said property, and the grantee is immediately, upon the receipt thereof, entitled to possession of the property described therein. Sec. 13. The funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment, or as the result of sales, shall be paid by said tax collector, as fast as collected, to the treasurer of said muni- cipality, who shall place the same in a special fund desig- nated by the number or name of the proceeding, and pay- ments shall be made out of said special fund only for the purposes provided for in this act. To expedite the making of any such improvement, the city council may at any time transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fund and shall be repaid out of the proceeds of the assess- ments provided for in this act. See. 14. At any time after the funds for the work, or any part of the work, shall be in the hands of said treas- urer, the city council may let the contract or contracts for such work or the respective parts thereof. Every such con- tract shall be let to the lowest responsible bidder, after no- tice published by two insertions in some newspaper pub- lished in such municipality and designated by the city council for that purpose, or if there be no such newspaper, then by such posting as the city council may provide. Every bid shall be accompanied by a certified check, amounting to ten per cent of the bid, payable to the order of the clerk of said city council, and the same shall be forfeited to the municipality in case the bidder depositing the same does not, within ten days after written notice that the contract has been awarded to him, enter into a contract with the municipality for the work, the faithful perform- ance of which shall be secured by an undertaking in such penal sum as the city council shall require, with sureties satisfactory to said council. The contract must provide that the work shall be done and the work must be done, strictly in accordance with the plans and specifications contained in the report provided for in sections two and three of this act. The work must be done under the supervision of the board, officer or per- Act 2S13. J 5 16-U MUNICIPAL CORPORATIONS. 632p son by whom the report provided for in section two of this act was made, and do work shall be paid for until it has been accepted by said board, officer or person and by said city council If the contractor abandons the work or fail* I with tin same as rapidly as required by his contract, the said city council may relet the work in the same manner as in tli ' the first letting thereof, and retain the cost of the same, and also any i xp. use Incidental to the reletting, out of any funds due or to becomi due to the contractor, and also hold him and his sureties responsible for such cost and . and for any damages resulting from BUCh abandonment or failure upon his bond. Sec. 15. In case the first ass< BSmi Ot for any Improve: meat provided fur in this acl proves insufficient, a supple- mental assessment may b< mad< to raise the deficit, in the same manner as marly as may be, as the ftV ment, ]>t that protests may only be made to such supplemental assessment, and so on until sufficient money shall have been realised to pay for Buch improvement. Sec. Ifi. Tf at any time an at for any such im- proveni) nt shall realize a larger sum than is necessary therefor, the excess shall be refunded pro rata to the par- ties by whom it was paid. BeC. 17. Every special assessment levied under this act shall, from the date of the levy thereof, be a Hen upon the land upon which it is levied paramount to all other liens. except prior assessments and taxation, and such lien shall continue until Buch special assessment is paid, or until the property is Bold and a deed is made' therefor to the pur- chaser as hereinbefore provided, and all parties snail have constructive notice of such lien from the date of the pas- sage of the resolution referred to in section five hereof. Sec. 18. The following words and phrases shall, where used in this act, have the following meanings: (1) The term "improvement" includes all work and im- provements mentioned in section one of tlii* (2) The terms "municipality" and "city'' include every incorporated city, city and county, or other corporation or- ganized for municipal purposes. (3) The (inns "city council' - and "council" include any body or board in which by law is vested the legislative power of any city. 632q MUNICIPAL, CORPORATIONS. Acts 2334-2330 (4) The terms " treasurer" and "city treasurer" include any person or officer who has charge and makes payments of the city funds. (5) The term "city engineer" includes any person or of- ficer who has charge of the surveying and engineering work of said city. Sec. 19. This act shall take effect and be in foree from and after its passage. ACT 2334. An act to authorize the construction, maintenance and op- eration of private spur tracks in municipalities. [Approved March 21, 1905. Stats. 1905, p. 710.] Section 1. The council or other legislative governing body of any city or town, or city and county, by a ma- jority vote, may grant the right to property owners or to the proprietors of manufacturing or industrial enterprises to construct, maintain and operate spur tracks from their prem- ises to a connection with any railroad. Such grant shall, nevertheless, be revocable at the pleasure of the granting authority. ACT 2335. To authorize and direct the municipal authorities of the several cities and incorporated towns of this state to execute certain trusts in relation to the town lands granted to the incorporated cities and towns in this state, by* the act of congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hun- dred and sixty-seven. [Approved March 24, 1868. Stats. 1867-8, p. 487.] Amended 1871-2, 237. Cal. Rep. Cit. 78, 60. ACT 2336. To authorize and direct the county judges of the several counties of this state to execute certain trusts in relation to the town lands granted to the unincorpo- rated towns in this state by the act of congress entitled "An act for the relief of the inhabitants of cities and Acts 203". MUNICIPAL CORPO&ATK 6C:r towns upon tlic public lands," approved March 2, 1867. [Stats. 1867-8, p. 692.] Ann UK, 115. Cal. Rep. Clt. 62. 609; 110, 194; 110, 197; 133, 52. ACT 2337. Authorizing incorporate cities to acquire by purchase, {rift, or condemnation, water, water-rights, reservoir sitc> [Stats. 1891, p. 102.] Cal. Rop. Clt. 1M, 616. ACT 2338. To provide foT the receipt and appropriation of donations to the state, or counties, <>r cities and counties, or cities or towns therein. [Approved April 3, 1880. S 1880, p. 20 (Ban. ed. 106).] ACT 2339. To provide foi the organisation, incorporation and govern- ment of merged and consolidated cities and counties of more than one huniln <1 thousand inhabitants. [Stats. 1880, p. 137.] Unconstitutional. (Pinion. 1 v. Dunn. 55 Cal. 2«2.) This act was what was known as the McClure charter. ACT 2340. To provide fur the letting of contracts for lighting Btr and public bnildingfl in cities and town9 in the state. [Stats. 1895, p. 191.] Anni. ••'! 98*. 32. Cal. Rep. Clt. 119. 31. ACT 2341. Providing for the jdanting and care of shade trees in mu- nicipalities. [State. 1893, p. 153.] ACT 2342. Conferring power upon the governing body of municipal corporations of the firs to provide for the erec- tion of a municipal hospital. [Stats. 1897, p. 9.] 623 MUNICIPAL CORPORATIONS. §5 23*3-2347, s 1 ACT 2343. Providing for the establishment and maintenance of sewer districts adjacent to municipal corporations. [Stats. 1899, p. 81.] ACT 2344. Providing for the levy of a special tax for specific pub- lic improvements within municipalities. [Stats. 1901, p. 296.] ACT 2345. To authorize the licensing of bicycles, trieveles and similar vehicles. [Stats. 1901, p. 32*4.] ACT 2346. To provide for the disposal of moneys raised by cities or towns for public improvement after the same has been completed and paid for. [Stats. 1899, p. 105.] ACT 2347. An act to provide for the classification of municipal corpo- rations. [Approved March 2, 1883. Stats. 1S83, p. 24.] Amende 1 1S97. 218. 421; 1899, 141; 1901, 94. Cal Rep Cit. 85, 347: 111. 104; 111, 1(15; 117, 374; 118, 403; 120, 392; 120, 394; 127, 159; 143, 566; 143. 567; 143, 569; 143. 57S. niasses described. Section 1. All municipal corporations within the state are hereby classified as follows: Those having a popula- tion of more than two hundred thousand shall constitute the first class; those having a population of more than one hundred thousand and not exceeding two hundred thousand shall constitute the first and one-half class; those having a population of more than thirty thousand and not exceeding one hundred thousand shall constitute the second class- those having a population of more than fifteen thou- sand and not exceeding thirty thousand shall constitute the third class; those having a population of more than ten thousand and not exceeding fifteen thousand shall consti- tute the fourth class; those having a population of more than three thousand and not exceeding ten thousand -shall constitute the fifth class; those having a population of not kctiU1,tl%t MUNICIPAL OOnPOn.\T1o.VS. 831 eding three thousand shall constitute tlm sixth cl [Amendment becami a law under ronatitutinn.il provision without governor's approval March 5, 1901. Stats. 1901, p. P4. Tn ctl'i ct immediately.*] Determination based <>n census. Sec. 2. The census taken under the direction of the con- cuss of the United States izi the year eighteen hundred and eighty, and every ten reafter, Bhall be the basis upon which the respective populations of said municipal corporations shall b< determined, unless a direct enumera- tion of the inhabitants thereof be made, as in this act pro- vided, in which case such direct enumeration shall consti- tute such 1 Question of reorganization. Sec 3. The council, board of trustees, or other legisla- tive body of any municipal corporation, may at any time cause an enumeration of the inhabitants thereof to be made, and in such niannei and under such regulations as s.ieh body may, by ordinance, direct, it' upon Mich enumeration it shall appear that such municipal corporation contains a suffieit nt number of inhabitants to entitle it to reorganise under a higher or lower class, the common council, trustees, or other legislative body, shall, upon Deceiving a petition therefor, Bigned by not 1< ss than one-fifth of the qualified elector! thereof, snbmit to the .lectors of such city or town, at the next general election to be held therein, the question whether such city or town shall reorganize under the laws relating to municipal corporations of the class to which such city or town may belong. And thereupon such proceedings shall be had and election held, as provided in the general law for the Reorganization; incorporation, and government of municipal corporations. If a majority of the votes cast at such election shall be in favor of BUCD feoi ization, thereafter Buch officers shall be elected as arc. or may be, and at the time prescribed by law for municipal corporations of the class having the population under which such reorganization is had. and from and after tie' qualifica- tion of such officers, such corporation shall belong to such class.- Whenever the result oi such enumeration shall have been declared by the council, board of trustees, or other eSS MUNICIPAL CORPORATIONS. Act 2348 governing body, and entered in the minutes of such body, thereupon the number of such inhabitants so ascertained shall be deemed the number of the inhabitants of such city for all the purposes of this act, and for the purposes of legis- lation affecting municipalities. The clerk of the council, board of trustees, or other governing body of such city shall cause a certified copy of such minute order to be filed with the board of supervisors of the county wherein such city is situated. [Amendment approved March 20, 1899. Stats. 1899, p. 141.] ACT 2348. MUNICIPAL CORPORATION BILL. An act to provide for the organization, incorporation, and government of municipal corporations. [Stats. 1883, p. 93.] Amended 1885. 127, 134; 1SS7, 12; 1889, 371, 389; 1891, 21, 28, 54, 65. 114, 233; 1893, 299; 1S95. 24. 159, 266; 1897, 89, 175, 183, 196, 403; 1899, 98; 1901, 12, 18, 70, 269, 293. 656; 1903, 40. 93, 135, 336; 1905, 16, 45, 72. 73, 88, 89, 408. Cal. Rep. Clt. 66, 656; 68. 143; 69, 151; 70, 464; 71, 208; 72. 167; 72, 169; 73, 85; 73, 86; 73, 312; 73, 313; 73. 622; 74, 26; 76, 451; 79, 354; 79, 358; 80, 227; 85, 51; 85, 345; 85, 346; 85. 349; 85, 595; 87, 231; 87, 502; 87, 304; 87, 522; 88, 431; 91, 247; 92, 613; 97, 380; 98, 429; 100, 573; 100, 575; 102, 304: 103, 665; 104, 275; 104. 518; 104, 521; 106, 501; 106, 502: 107, 97; 107, 400; 108, 363; 109, 319; 112, 163; 118, 120: US, 403; 118, 487; 120, 393; 123, 310; 123, 001; 124, 97; 131. 502; 132, 238: 135, 452; 137. 584; 141, 373; 141, 374; 141, 375; 141, 376; 141, 377; 141, 378; 141, 379; 141, 380; 141, 397; 142, 515; 142, 700; 143, 566; 143, 567; 143. 569; 143, 570; 143, 571; 143. 572; 143, 573; 144, 14; 145, 631; 145, 633; 145, 636; 145, 640; 147, 776; 147, 778. AMD'T 1885. Cal. Rep. Clt. 69, 610. AMD'T 1889 Cal Rep. Cit. 91, 256; 95, 112; 99, 147; 104', 519; 104, 523; 107, 98; 107. 465; 107, 469; 113, 304; 119, 625; 119, 626; 121, 103; 122, 78; 128, 280; 132. 83; 136, 146; 138, 243; 13S, 244. AMD'T 1891. Cal. Rep. Cit. 118, 121; 129, 600. AMD'T 1897. Cal. Rep. Cit. 136, 148. Unconstitutional as to the provisions in section 756. requiring courts to take judicial notice of ordinances (City of Tulare v. Hevren, 126 Cal. 226); also as to section 705 (City of Tulare v. Hevren), ana as to section 870 (Pasadena v. Stimson, 91 Cal. 238). Act 2348 MUNICIPAL CO M« simm \uv OP l ONTENT& Chaptei T. »n of Municipal Corporations, J§ 1 ;». Chapter II. Municipal I f the First Class, Over Artld< T i • ■ rs. j 19. II m Relating > JJ 20-29. Ill I V i V VI vii Provisions, 55 286-288. Chapter III. Municipal Corporations of the Second Class, 100 100,00 Article I. ' II ■;. : . ral I'n.vM •■•■« Relating to Officer*, JJ III IV V VI Chapter IV Municipal Coi the Third Class, 15,1 '1. Article I n q Bi •■is. jj ;f the Fifth Class, 3,000-10,000, §$ 75 Artici.' I. General Pi II Gben< ral Pn - S5 751-761, lii i.. . i i itlve l" i :n tm< nt, | ; IV ; epartmenl v s. h vi Judicial Department, Vll. Miscellaneous Provisions, H 8KJ-&U. m MUNICIPAL CORPORATIONS. Ac t 2348, § § 1. 2 Chapter VII. Municipal Corporations of the Sixth Class, 3,000, §§ 850-886. Article I. General Powers. § 850. II. General Provisions Relating to Officers, §§ 851-857. m. Legislative Department. §§ S5S-875. rv. Executive Department. §§ *76-S81. V. Judicial Department. §§ S82-884. VI. Miscellaneous Provisions, §§ 8S3, 886. CHAPTER I. ORGANIZATION OF MUNICIPAL CORPORATIONS. City or town may incorporate. Section 1. Any portion of a county containing not less than five hundred inhabitants, and not incorporated as a municipal corporation, may become incorporated under the provisions of this act, and when so incorporated, shall have the powers conferred, or that may be hereafter conferred, by law, upon municipal corporations of the class to which the same may belong. Manner of proceeding in organizing a municipal corpora- tion. Sec. 2. A petition shall first be presented to the board of supervisors of such county, signed by at least fifty of the qualified electors of the county, residents within the limits of such proposed corporation, and the affidavit of three qualified electors residing within the proposed lim- its, filed with the petition, shall be prima facie evidence of the requisite number of signers. The petition shall set forth and particularly describe the proposed boundaries of such corporation, and state the number of inhabitants there- in, as nearly as may be, and shall pray that the same may be incorporated under the provisions of this act. Such pe- tition shall be presented at a regular meeting of such board, and shall be published for at least two weeks before the time at which the same is to be presented, in some news- paper printed and published in such county, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time, not exceeding two months Act 234S, § 3 MUNICIPAL CORPORATIONS. 638 in all, and on the final hearing, shall make such changes in the proposed boundaries as they may find to be proper and shall establish and define such boundaries, and shall ascer- tain and determine liow many inhabitants reside within such boundaries; provided, that any changes made by said board of Supervisors shall not include any t< rritory outside of the boundaries di scribed in such petition. The bound- aries so established by the board of supervisors shall be the boundaries of such municipal corporation until by ac- tion, authorized by law for the annexation of additional ter- ritory to, or l! of t< rritory from, said municipal cor- poration, such boundaries shall be changed; provided, when- ball appt ar to the hoard of supervisors that the boundaries of any municipal corporation have been incor- |y described, th board shall direct the county surveyor to ascertain and r. ori a description of the boundaries. The board of supervisors shall, at their first regular meeting after tin filing of thi report of the county surveyor, cause notice to l" published in some n r published in the coun- ty, that the report will be acted upon at the next regular meeting of f he board, and at said meeting the board shall ratify tt if the county surveyor, with such modifica- tions as they shall deem necessary, and the boundaries so establish) d shall be the legal boundaries of said municipal corporation. They shall then give notice of an election to be held in such pro;- rporation for the purpose of rmining wb< ther the same shall become incorporated. Such notice shall particularly describe the boundaries so established, and shall state the name of such proposed cor- tion, and the nnmbi r of inhabitants so ascertained to reside therein, and the same shall be published for at least two w i ■■ - prioT to sueh election, in a newspaper printed and published within such boundaries, or posted for the same period in at least four public places therein. Such notice shall require the Vot< rs to cast ballots, which shall contain the words ''For incorporation." or ''Against in- corporation," or words equivalent thereto, and also the nanus of persons voted for to fill the various elective mu- nicipal offices prescribed by law for municipal corporations of the class to which such proposed corporations will be- long. [Amendment approved March 19, 1889, Stats. 1889, p. 371. Tn effect immediately.] Election, how conducted. Sec. 3. Such elections shall be conducted in accord- 639 MUNICIPAL CORPORATIONS. Act 2348, § i ance with the general election laws of the state, and no person shall be entitled to vote thereat unless he shall be a qualified elector of the county, enrolled upon the great register thereof, and shall have resided within the limits of such proposed corporation for at least sixty days next pre- ceding such election. The board of supervisors shall meet on the Monday next succeeding such election, and proceed to canvass the votes cast thereat; and if, upon such canvass, it appears that the majority of the votes cast are for the incorporation, the board shall, by an order entered upon their minutes, declare such territory duly incorporated as a municipal incorporation of the class to which the same shall belong, under the name and style of the city (or town, as the case may be) of (naming it), and shall declare the person [s] receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. Said board shall cause a copy of such order, duly certified, to be filed in the office of secretary of state, and from and after the date of such filing, such incorpora- tion shall be deemed complete, and such officers shall be entitled to enter immediately upon the duties of their re- spective offices, upon qualifying in accordance with law, and shall hold such offices respectively only until the next general municipal election to be held in such city or town, and until their successors are elected and qualified; and it shall not be necessary in any action, civil or criminal, to plead and prove the organization or existence of such corporation, and the courts shall take judicial cog- nizance thereof without proof. [Amendment approved March 19, 1889. Stats. 1889, p. 372. In effect immediately.] How incorporated city or town may incorporate under this law. Sec. 4. The common council, board of trustees, or other legislative body of any city or county, city, or town, or- ganized or incorporated prior to the first day of January, eighteen hundred and eighty, at twelve o 'clock, meridian, shall, upon receiving a petition therefor, signed by not less than one-fifth of the qualified electors of such city and county, city or town, as shown by the vote cast at the last municipal election held therein, submit to the electors of such city and county, city, or town, at the next general election to be held therein, the question whether such city and county, city, or town shall become organized under the general laws of the state relating to municipal corpora- Act 2348, 5 4 MUNICIPAL CORPORATIONS. MC tions of the class to which such city and county, city, or town may belong. Notice that such question will be so submitted shall bo given by publication in a newspaper printed and published in sueh city and county, city, or town; or if tin re be no newspaper printi d and published therein, by printing and posting the BUM in at least fonr piublic places therein, including the place or places where such election is to be held. Bach notice shall In so pub- lished or posted for at least four weeks prior to such election, and shall also be made a part of the gl Bi ral eleo< tion notice. Such notice shall distinctly state the proposi- tion to be so submitted, and shall designate the class to which such corporation belongs, and shall invite tin eh >■- tors thereof to vote upon such proposition by placing apod their ballots the words "For reorganization," or " Igainsl reorganization," or words equivalent thereto. The votes so cast shall be canvassed at tin tinn ami in the manner in which the other votes cast at such (lection are can- vassed. If, upon such canvas-, a majority of all the elec- tors voting at such flection shall be found to have voted for such reorganization, the said council, board, or other legislative body shall, by an order entered upon their min- utes, cause their clerk, or other officer performing the duties of clerk, to make and transmit to the secretary of state a tied abstract of such vote; which abstract shall show the whole number of electors voting at such election, th< number of votes cast for reorganization, and the number of votes cast against reorganization. Said council, hoard. or other legislative body shall immediately thereafter call a special election for the election of the officers required by law to be elected in corporations of the class to which such city and county, city, or town shall belong, which • •lection shall be In Id within six weeks thereafter) Such election shall be held in all respects in the manner pr< scribed, or that may hereafter be proscribed, by law for municipal elections in corporations of such class, and shall be canvassed by the council, board, or other legislative body calling the same, who shall immediately declare the result thereof, and cause the same to be entered upon their journal. From and after the date of such entry, such cor- poration shall be deemed to be organized under such gen- eral laws, under the name and style of the city and county (or city or town as the case may be) of (naming it), with the powers conferred, or that may hereafter be con- ferred, by law upon municipal corporations of the class to 641 MUNICIPAL CORPORATION'S. Act 2348, 5 { 5. S which the same may belong; and the officers elected at such election shall be entitled immediately to enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices, respectivply, only until the next general municipal eleetion to be held in such city and county, city, or town, and until their suc- cessors are elected and qualified. Effect of reincorporation. Sec. 5. Any city and county, city or town organized un- der the provisions of section four of this act. shall, for all purposes, be deemed and taken to be in law the identi- cal corporation theretofore incorporated and existing; and such reorganization shall in no wise affect or impair the title to any property owned or held by such corporation, or in trust therefor, or any debts, demands, liabilities, or obliga- tions existing in favor of or against such corporation, or any proceeding then pending; nor shall the same operate to repeal or affect in any manner any ordinance theretofore passed or adopted and remaining unrepealed, or, to dis- charge any person from any liability, civil or criminal, then existing, for any violation of any such ordinance; but such ordinances, so far as the same are not in conflict with such general laws, shall be and remain in force until repealed or amended by competent authority; provided, that proceed- ings theretofore commenced shall, after such reorganization, be conducted in accordance with the provisions of such general laws. Duty of outgoing officers. Sec. 6. As soon as the officers elected under the pro- visions of either section three or section four of this act shall have qualified in accordance with law, all persons, if any, then in possession of the offices of such corporation, shall immediately quit and surrender up the possession of such offices and shall deliver to the officers so elected all moneys, books, papers, or other things in their official cus- tody, and all property of such corporation in their hands, notwithstanding that the terms of office for which they were respectively elected or appointed may not then have expired; and all officers, boards, and persons holding any property in trust for any public use, the administration of which use is vested by such general laws in such corpora- tion, or in any of its officers, shall, upon demand from such corporation or such officers, convey such property to such Gen. Laws— 41 •ict 234S. § 7 MUNICIPAL CORPORATIONS. 642 '>r,ioration or such officers, by good and sufficient deeds of conveyance, in trust for such public use Boundary, how changed. s. c. 7. The boundaries of any municipal corporation may he altered, and new territory include el therein, after proceedings bad as required in this section. The coancil, board of trustees, or | Blative body of such corpo- ration shall, upon receiving a petition therefof, signed by not less than one-fifth rualified electors thereof, as shown by the vote e-ast at the last municipal election held therein, submit to the electors of such corporation, and to the ('lectors residing in the b rritory propowd by Bubh petition to be annexed to such corporation, tin question whether suih territory shall be annexed to Bueh corpora- tion and become a pari thereof - . Bucta question shall be sulnnitttd at a sp- 'ion, to be held for that pur- Buch legislative body shall give notice ther< by publication in a newspapi r printed and published in such corporation, and also in a Dewspapet printed and pub- lished outside of such corporation, and in the county in which BUCh territory so proposed to !•• annexed is situated, in both cases for a period Of four weeks prior to such el.-, tion. Such notice shall distinctly state the proposition to be so submitted, and shall designate Bpeeifleally the bound- aries of the territory so proposed to be annexed; and the ■ is shall be invited thereby to vote upon such pi sition, by placing upon tin ir ballots the words "For- mation,' - or ■ annexation," or .iva- lent tlnrc to. Such legislative body Shall the place or places *J which the polls will be opened in such territory so proposed to be annexed, which place or p] . shall be that or those usually used for thai purpose- within sucii territory, if any Buch there be. Such legislative body shall also appoint and designate in such notice the i of the officers of election. Such legislative body shall meet on the Monday next succeeding the n i.t' such bids, proposals, or change, interline, alter, or otherwisi tamper with I out the ; ill aid, abi t, permit ai before '>r in advance of the time eribed by law for the opening thereof, «r any lawful t i in. . shall I- i guilty of a felon aviation by any court of competent juris- diction, shall be punished accordingly'. Questions of difference, how Sec. 28. All question! of differences between the of such ■ - ty and county, a-* to tloir relative duties, may be referred by • it )i< r of them to the « sity, or city antl county, attorney, who shall examine and determine such questions, and his dl cision shall be final as Li tween such officers. Reports of officers. Bee. following offlc< rs, and the heads of the fol- lowing departments of such cit and county, shall report to the municipal council on or )<■ fore the first day of August of each year the condition of tin ir reapectiye departments during the fiscal year ending June thirtieth previous tinreto, embracing all their operations and expen ditures: Auditor, i collector, county clerk, su |ierintenden1 of b< rtment, hospital, alms .rk commissioners. r. sheriff, county re corder, city, or city and county surveyor, license collector publ: rm and polio telegraph, pound . r, board of health, city or city and county attorney industrial school, police, coi dth officer, justices court, city-hall COmmi bomi lor the eare of th< inebriate, board of election directors, commissioner of • i \ . fr> e public library and the building municipal council. Im- mediately aft* r the tit- 1 Monday in February, the mayor and municipal council shall make up and publish an extract from Hose several reports and other sources, of the opera tions, expenditures, and condition of all departments of gov eminent of such city, or city and county. C55 MUNICIPAL CORPORATIONS. Act 2348, 8 § 40 43 Article Ilx. — Legislative Department. Legislative power, how vested. See. 40. The legislative power of such city, or city and county, shall be vested in a body to be styled the "munici- pal council," which shall be composee! of two boards or houses of legislation, one to be called the "board of alder- men," and the other the "house of assistant aldermen." Board of aldermen, how elected. Sec. 41. The board of aldermen shall consist of twelve persons, to be elected by general ticket, from the city, or city and county, at large, the members of which shall hold office for the term of four years, to commence on the first Monday after the first day of January next following their election, except that of the aldermen, who are elected at tho first election under this chapter; the six receiving the small- est number of votes shall hold their office for two years only; so that thereafter only six shall be elected every two years. In case of a tie vote at such first election, the question of which aldermen shall hold the full and which the short term shall be determined between the candidates so tied by lot. The aldermen shall receive each a salary of one thousand two hundred dollars a year, payable in monthly installments, out of the general fund. Secretary. Fee. 42. The board of aldermen shall appoint' a secre- tary, with a salary not to exceed two hundred dollars a mi nth, who shall keep the records of said board. He shall hold office during the pleasure of the board. He shall have power to administer oaths and affirmations in all cases, and to certify and authenticate copies of all records, papers, and documents in his official custody, and shall perform any other services required by the board. Assistant aldermen. Sec. 43. The house of assistant aldermen shall consist of twelve persons, to be elected every two years, one each by the qualified electors of the respective wards, into twelve of which such city, or city and county, shall be divided for such purpose. The assistant aldermen shall hold office for Act 2348, H 44-48 MTNICII'AL CORPORATIONS. 6S< the term of two years, to eemaMMfl on the fir^t Monday after tin first day of January uext following tluir election, and shall rOC4 IVS each B salary of one thousand two hun- dred dollars a year, payable monthly out of the general fund. ry "f '-lerk. i ). The hnu«r- nf assistant aldermen may appoint a clerk, who shall keep their r. . ..r-is. and bold t.rtirr daring th< ir pleasure. 11. shall have a salary sot to exceed two hundred dollai nth; shall have power i" admix oaths and affirmations, and t rtify and authenticate all rds, docui in his official oustody. M^ shall perform any cither service required of him by Ike Vacancy, SOW filled. \n\ vacancy occurring in either board shall bo filled by the mayor; and I I to fill ssjdh vacancy shall hold office till the next election by the pie, and until his successor is qualified. Qualification. r of the board of aldermen shall qualitii d voti r. a? I and shall have been a citizen of the I'nited St ids and of this stat< , and a resident oi aid county, for thne years seal before his election or appointi Qualification. ;7. Every member of the house ,>f assistant alder- men shall be a qualified voter, al of ago, shall have been a citizen of the 1'ni r , , J Stafis and of this state, and a r > ; d< nt .-f such city, or city and county. at hast two years, and of tin- ward from which he is elected or appointed at l< i a< \t b< I in or appointnu at. Qualification. is. Bvery member of either branch of the munici- pal council shall, at all times during his incumbency of r-,7 MUNICIPAL CORPORATIONS. Act 2.T1S. § j 49. V> fiaid office, possess the following qualifications: He shall not be, directly or indirectly, interested in any contract with such city, or city ami county, or any department or institution thereof. He shall not have convicted of mal- feasance in office, bribery, or other corrupt practices or crimes. Any mi mber who fails to possess, or who shall at any time during his term of office cease to possess, any of the qualifications mentioned in this act as a qualification shall thereby forfeit his seat in the board or house to which he belongs, and the vacancy shall be filled as in other cases. If any member of either branch absent himself from the state, or neglect to attend tic meeting of the boarf all tin memben elected or ap- pointed to such liousi ; luit a sinalb r number may adjourn from day to day, ami may compel the attendance of ab- sent mi ndi< rs, in such tuatmi r ami under such penalties as house or board may provide. Sessions shall be public Sec. 51. All ft - :tions of each house shall be public Neither house shall, without the consent ■ it the ■■' irn for more than seven days ;i i any one time, DO I i;un that iu which the two hous. sitting. any otle : ih. municipal council shall dur- ing ' fox (Thiol) Ligible or appointed ander the city, or city and county, except such offices as may be filled by election by the people; nor any nn miIh r, while such, be an employs) ol lueh city, ur city and county, ox rd oz department thereof, or ,;hir branch of the municipal council, in any capacity whatever; and no compensation shall be audited or paid i"r aer\ er or i mployei ; and no act, ordinance, or i wi.. n by sag au mbez of eithi hall becomi th< t of such city, or city and county, or any board or department thereof, or pay out any of its money upon any pretense whatever. Limitations on 58. No membei of the municipal council, or of the rd Of education, or any offict r of such city, or city and ttty' <>r of any ward thereof, shall have any power to contract any debt or liability whatsoever against such city, d county, nor shall the people, or rs, or any property therein, ever l" liable to be assessed for or on account of any debt or liability hereafter contracted, or at- tempted to be contracted, iu a contravention of this chapter. 659 MUNICIPAL CORPORATIONS. Act 2348, §§ 54-51 Finance committee. Sec. 54. The municipal council shall appoint a joint com- mittee of five, three from the board of aldermen, and two from the house of assistant aldermen, to be denominated the "finance committee," which committee may at any time, and shall whenever required by the municipal council, or either branch thereof, investigate the transactions and accounts of any and all officers appertaining to the govern- ment of such city, or city and county, having the collection, custody, or disbursement of public money, or having the power to approve, allow, or audit demands on the treasurer, and report thereon to the municipal council. Said commit- tee shall have full power to send for all persons and papers, and enter into, examine, inquire, and investigate all offices and places, to administer oaths and affirmations, to examine witnesses, and compel their attendance by subpoena and at- tachment for contempt, and the production of records books, and papers, and may imprison in the city or county jail any person refusing to appear or testify, as well as any officer or person failing or refusing obedience to the orders to show records, papers, or books, or to testify when re- quired so to do. The sheriff or any policeman of such city, or city and county, shall enforce all orders of said com- mittee, and attend upon it in like manner as upon courts of record. The mayor may be present and participate in such investigations. When municipal council shall meet. Sec. 55. The municipal council shall meet on the first Monday after the first day of January, and on the first Mondays of April, July, and October of each year, and at such other times as required by law, and may be specially convoked by the mayor as herein provided. Passage of ordinances. Sec. 56. No ordinance shall be passed except by bill, and no bill shall be so amended in its passage as to change its original object. No bill shall contain more than one subject, which shall be expressed by its title. On the final passage of all bills the vote shall be by "yeas" and "nays" upon each bill, separately, and the names of the 6eo m( mh' r^ - H be enter. I on t hi journal. I thei house, and no bill Bhal] 1 by ■ majority i oi appointed to either ... Amc ncurred in. h&U by « itaev bouse shall b< . i n '1 in by tl: if .1 majority thereto, taken by • bog fur :uiil led upon tin jour' '"; :i!ir other g thereto, or aiding t tu inor in oil wise for his removal. All ordinances authorial] lm-nt uf any money out of thi treasury, or any claim thereon, shall be referred th< appropriate standing committee of tin house where 'i.. bill is intro at the same to the auditor, in or.hr that 1, i rtify that t: is sufficient money in the proper fund our of which such claim can lawfully he paid, and that sucb appropriation can ide without . • >iis ch;t|>ii r ; and until the auditor d writing by his nam.-, that there is sufficient money in the proper fund, and thai the authorization can be made without \ olating the provisions of this chapter, do further pr< nail i» had with such loll. It shall he t. t the auditor with liable prompt! and to give the certificatl when t. warrant him in doing SO, and not oth. r Powers. C<". The powers of the muni • cfl, and all other boards, comn specially .1 in this chapter, an.. • prohibited from cx- • iier. se. of ordinances shall be in the following tern municipal council of tin city and county of - . or (as t may be), lor. by ordains as folio.. Further pov. . rs. tit. The municipal council shall further hav< by regulation or ..rdMi:.- Belling and leasing property. l. T,. provide tor the security, custody and administra tion of all property ot' such city, or city and county, and ' to purchase land required tor municipal purposes without any power to s. 11 or incun ame, or lease any part thereof tor more than thr t. however, that such personal prop .or oth*r C63 M1XICTVAL CORPORATIONS. Act 2S43, 5 04 departments, as they deem unsuited to the uses and pur- poses for which the same was designed, or so much worn and dilapidated as not to be worth repairing, may be sold or exchanged. Opening streets. 2. To provide for cases omrtted in this chapter, and in conformity with the principles adopted in it, for opening, altering, extending, constructing, repairing, or otherwise improving public streets and highways at the expense of the property benefited thereby, without any recourse in any evc-nt upon such city, or city and county, or the public treasury, for any portion of the expense of such work, or any delinquency of the property holders or owners. Lighting streets. 3. To provide for lighting the streets. But no contract for lighting streets or public buildings shall ever be made for more than one year in duration; nor shall any contract to pay more for gas or other illuminating material than is legally charged to ordinary consumers, or than the usual market rates, be valid. To provide water. 4. To provide water for all municipal purposes, and to pay for the same where lawful and necessary. In case water is supplied to such city, or city and county, for mu- nicipal purposes, any person, corporation, or association holding a valid franchise under the laws of this state to collect water rates for the use of water, then such city, or city and county, when it is lawful and necessary, shall pay the lawful rates, and no more, as established each year for water supplied for other than municipal purposes; and it shall not be lawful to make any special contract with such person, corporation, or association for water so as to vary from the rates fixed by law. To regulate markets. 5. To regulate market-houses and market-places. Regulating public grounds. 6. To provide for inclosing, improving, and regulating all public grounds of such city, or city and county. Act 'JWS. J ti «w Ire limits, 7. Tii prohibil tl ftcn buildit itrnc- tares within any fixed Iim v.- \„ . n established I, o* ordered to be graded, nr to and limit tln> height i»f Bucb buildu true/ tores; 1 I use of gunpowdt r, and N-.itiiin which may be manufftc- tared or lyaaaaite, nitroglycerin, ox combustible materials ami sobstaj ami tin -: and make rill nst t -i 1 t burning, tanneries, and .-ill and wni -.ription that may jeopardize tin- pub . and ti> exclude them from tin city, nr city and county, when necessary, nr t>> restrict itriet, Tn nudes all m nary regulations for protection • ■ ■ wsfl M - ruli a and regulati erning ri. ;in.i us. bnildings as may 1"' necessary f>>r the asitety of the inhab Tn permit laying down r«»"-<'. tra.-ks. permit • • railroad tracks .and the running st sorties of •. for tin soJ< pur] — • .! excavating ant a treet, or adjoining l"ts, ami for ku.'Ii limited I may I" accessary Cor the pur, aforesaid, ai I .• r. Fix p< na • 9. To determine th< fin. s. forfei tares, and penalties that shall be incurred for the breach .if regulations establ liv tin Baid municipal council, and also fsr a violatio th. provi this chapter, where do penalty is atlix. .1 thereto "r provided by taw; but no penalty to l>«- imposed shall exceed the amount of one thousand dollars, nr six months' imprisonment, nr both. And every violation of any lawful ord< r nr regulation, nr ordinances oi the 'Mu- nicipal council, is hereby declared a misdemeanor nr pub- lic offense, and all pi - far tin ,11 !><• in the name of tbe people of the stati of California, Employment of prison* 10. To regulate and pn>\ - i « 1 • for the employment »f pris- easra sentenced to labor on the public works of such city, {65 MUNICIPAL CORPORATIONS. Act -'048, § « or city and county, and to maintain and n gulatc city, or city and county, jails and prisons, with manufacturing or other laboring establishments, or appliances connected therewith. To provide certain offices. 11. To provide a suitable office and jury-room and dead- house or morgue, with the furiiitun necessary to enable the coroner to efficiently discharge the duties of his office, and to make the necessary appropriation therefor; and to audit and pay for the necessary < xpenses of maintaining the morgue and offices attached, such sum as may be neces- sary, not to exceed seventy-five dollars per month, out of the general fund. Kegulate home of inebriate. 12. To maintain and regulate a home of the inebriate, in its discretion. City prison. 13. To provide and maintain a city prison. Improve cemeteries. 14. To maintain and improve the city cemeteries, and to pay out of the general fund a keeper thereof, to be ap- pointed by the board of health, at a salary not to exceed one hundred dollars a month. Grant licenses. 15. To license and regulate hackney-carriages and other public passenger vehicles, and to fix the rates to be charged for the transportation of persons, baggage, goods, merchan- dise, and property, or either, thereon; and to license and regulate all vehicles used for the conveyance of merchan- dise, earth, and ballast, or either; and also to license and regulate persons and parties employed in conveying bag- gage, property, and merchandise, or either, to or from any of the wharves, slips, bulkheads, or railroad stations within the limits of such city, or city and county; to fix and es- tablish the amount of every license paid into the city, or city and county, treasury for city, or city and county, pur- poses; to provide for the summary removal and disposition of any or all vehicles found in the streets, highways, and Act 2348, J fri Ml"- IRP0RA1 1 public Bq be designated by th< eouneil; and, in addition to all ol remedies, to provide by regulation for the sab- or i diapoaition of such the public from injury by runaways, by punishii ntly ]( :i\ tin width oi >r.l- ancc with the weight to 1" carried th< rva- tion <■! ,iid aighn 16. To ri gulal 'S8 of keeping intelligent method of BOS' ducting said 1 th( paym< nl of t he lie • illation touching sni.i business. To license and regulate pawnbrokers, and I as public in dealing with t h< m. Fix f 17. T<. fi\ the f ( . s and reyoi "f Bueh city, or city and surveys fur buildings or other purposes, and t<> provid< ..r dl puty - U r\ . ; • rform work, to be paid from inch fees only; also, to regulate the be chargi d by th< ti,,. county r. - sordi r, ad all otlur municipal an 1 coinpi 1 the payment of all the citv and county treasury Into the proper fund, in accord- witb the proviaions of this Enforce collection of certain moi 18, To licena and regulate, for the purp ity, e.r citv and county, revenue, all such callings, ti I em- ployments as the pub, Ti ijllire • and regulated, and nol prohibited by law; to pro- vide for and i i i orce, w ith i col- lection and due payment into U treasury of all n due or raised, and to niaki all ful rul< 8 and ri gulal ions 1 H conduct and duties of the collector of lic< nses. Construction Of hydrants. 19, To pro\ ide and pay i or the cone of hydrants, lire plug C67 MUNICIPAL CORPORATIONS. Act 8348. § "'4 Pay for celebrating. 20. To allow and order paid out of the general fund a sum not to exceed three thousand dollars in any year, for the celebration in such city, or city and county, of the an- niversary of our national independence. Election expenses. 21. To allow and order paid out of the general fund for the election expenses of such city, or city and county, not to exceed forty dollars for each election precinct for each election in said city, or city and county. Prosecute claims. 22. To provide ways and means for the prosecution of the claims of such city, or city and county, to any land or other property or right claimed by such municipality. Appoint weigher of coal. 23. To provide for the appointment by the mayor for a weigher of coal, without salary, and to regulate and define his duties, and establish rates of charges to be collected from persons requiring his services, and for his com- pensation from such rates and charges alone, and with no claim upon such city, or city and county. Abatement of nuisances. 24. To autnorize and direct the summary abatement of nuisances; to make all regulations which may be neces- sary or expedient for the preservation of the public health and the prevention of contagious diseases; to provide fines and penalties against individuals who may be guilty of maintaining any nuisances, and enforcing the same until such nuisance be removed or abated; to provide by regu- lation for the prevention and summary removal of all nuis- ances and obstructions in the streets, alleys, highways, and public grounds of such city, or city and county, and to prevent or regulate the running at large of dogs, and to authorize the destruction of the same when at large con- trary to ordinance. Regulate or prohibit houses of ill-fame. 25. To prohibit, suppress, regulate, or exclude from cer tain limits all houses of ill-fame, prostitution, and gaming, \.-t 12A&, I M MI'Nli'll fife tc prohibit, suppress, regulate, or exclude from fertaiti lim its nil occupations, houses, |>la.-. -, pastimes, amusements, bftions, and practices which are against good morals, iontrary to public order and r^scenojr, or daogevettl to the public Bafety. Begulate manner of street work. 26. To require, by ordinaaee, all contractors for stteet work, or oth< r pt rsoas lawfully nndertakiag to Imp] grade, .>r altei "r public higt ■ . r. .-t tenets or barriers, to keep Lights at night, and to bake other nee- i\ precautions to protect the public from damage, loss, or accident by reason of Buch grading, alteration, or im provemt nt, and to fix and prescribe penalties for the viola- tion of the provisi • h ordinanei * Baf< ' roperty. 27. To provide for the safe-keeping and flisj.osition of lost, stul. ii, <>r unclaimed property of every kind, which may at any time be in th< m <>r under the control of the police of such eity, <>r eity ami county. Suppress public demonstrations; 28. To regulate, and ?rl • lary to suppress, all pub lie demonstrations and processions which interfere with pub lie traffic. ilation "f fir.- dspartnx nf. 28. To appoint a fir.' marshal. Such appointment shall be mail.' on the nomination of the boar. I of lire underwriters lUCh city, or city ami county, if such board shall i therein. If more than one such boar.l shall exist therein, then upon the Domination of the board which shall hav been ion,L, r . s t organised. Elis salary shall t. tix.-.i ami pafd by such board of (ire anderwriters. Such fire marshal shall, before ent sring upon the office, take and subscribe th. u;l tl, ,,t' office, and execute a bun. I to the state ..I i aliforni;i in th, sum of five thousand .lollars, with two or more - ii, Si to I., approved by a judge "i rioc court, for the faithful discharge of Ins duties. Any person aggri< by any misconduct of such marshal, or his deputy, may 669 MUNICIPAL CORPORATIONS. Act 234$, § f,4 bring an action in his own name upon such official bond, •which bond shall be filled in the office of the county clerk. It shall be the duty of such fire marshal to attend all fires which may occur in such city, or city and county, with a badge of office conspicuously displayed. He shall take charge of and protect all property which may be imperiled at any such fire, and safely keep the same under his pos- session and control until satisfactory proof of ownership be made thereto; and shall, as far as practicable, prevent such property from being injured at such fire, and direct, when in his opinion it shall be necessary, the removal of goods, merchandise, and other property to a place of safety. He shall be authorized and empowered to exercise the functions of a peace officer of such city, or city and county. Any person who shall willfully hinder or obstruct said of- ficer in the lawful discharge of his duties shall be deemed guilty of a misdemeanor; provided, however, that nothing herein contained shall be so construed as to authorize such fire marshal to interfere in any manner with the proper discharge of the lawful duties and authority of any chief engineer of any fire department of such city and county. It shall be the duty of such fire marshal to institute invea- t'gatiors into the cause of such fires as occur in such city, or city and county; and for this purpose he shall have power to issue subpoenas and administer oaths, and compel the at- tendance of witnesses before him by attachment or other- wise. All subpoenas issued by him shall be in such form as he may prescribe, and shall be directed to and served by any police officer, or by any peace officer of such city, or city and county. Any witness who refuses to attend or testify in obedience to such subpoena shall be deemed guilty of contempt, and be punishable by him as in cases of con- tempt in justices' courts in civil cases. He shall make a written report of the testimony to the district attorney, and institute criminal prosecutions in all cases in which there appears to him to be a reasonable and probable cause for believing that a fire has been caused by design. It shall be the duty of such fire marshal to aid in the enforce- ment of the fire ordinances of such city, or city and county, and for this purpose he is duly authorized to visit and ex- amine all buildings in process of erection or undergoing re- pairs, and to institute prosecutions for all violations of the ■\r< IMS, 5 M 1TONCIPAL CORPORATION* «70 ordinances of such city, or city and county, which relate to the erection, alteration, or repairs of buildings, and for the prevention of fires. He shall exercise such additional pow< rs as ni.i.v be conferred upon him by the ordinances of such city, c,r city and county, to enable him fully to carry out the object and purpose of his appointment, and for the prevention of fires. He shall have power to appoint a deputy, \vh<> ma\ all th( powers ami perform all the duties of BUCh marshal. The salary of such deputy shall be paid in the same manner as the fin mar-dial. Any per- I from tire, or from a building endangered by fire, any prop) rty, and who willfully neglects for two days ve ootice to stieh fire marshal, or to the owner of such property, of his possession thereof, shall be deemed guilty rand or petit larceny, ■ may be, according to to t! ,t' said property; and any person who shall be guilty of false ■wearing In any Investigation under this subdivision shall be deemed guilty of perjury, and, upon conviction thereof, shall be punished therefor as in -other perjury. Such fire marshal may be removed at any time by the same power or powers that appointed him. And in ease of the removal, ree . or death of such fire marshal, his successor shall be appointed in the same man- ner as hereinbefore provided. Such fire marshal is hereby authorized and empowered to appoint one or more persons, during the time of fire, for the purpose of saving and pro- rty at such fire, and until it shall be delivered to the owner or claimant thereof, and such person or per- sons so appointed shall have, during such period, the au- thority and power of a policeman of such city, or city and county, and shall be known as the fire marshal's police; and eacb of such persona shall wear, while in the discharge of his duty, conspicuously displayed on his person, such badge or device as such fire marshal shall designate. No person shall be entitled to any property in the hands of such tin- marshal, saved from fire, until satisfactory proof of owner- ship be made, and until the actual expenses incurred by such officer for the preservation and keeping of the same shall be paid to him by the owner or claimant of said prop- erty; and in ease of dispute as to the amount of such ex- penses, said dispute to bi determined by the justices' court of such city, or i ny and county. Such fire marshal is hereby 671 MUNICIPAL. CORPORATIONS. Act 2348, § M duly authorized and empowered to hold and sell, or cause to be sold, at public auction, all property in his possession, saved from a fire or fires, for which no owner can be found, after advertising the same in two daily newspapers pub- lished in such city, or city and county, for the period of thirty days; provided, however, that if, upon application of such fire marshal to the police judge, it shall appear that such property is perishable, such judge may order such fire marshal to make sale thereof upon such notice as in the opinion of such judge may be reasonable. The proceeds of all such sales, together with an account thereof, after de- ducting all expenses, shall be by him deposited with the treasurer of such city, or city and county, to be held by such treasurer, subject to the claim of the owner of such property. Such fire marshal shall, from time to time, file with the clerk of such city, or city and county, under oath, a statement and description of all property in his posses- sion, or under his control and sold by him, together with the amount of money by him deposited with the treasurer of such city, or city and county. Maintain fire-alarm. 30. To maintain a fire-alarm and police telegraph in such city, or city and county. Eegulate drifting of sand. 31. To require the owners of lots to prevent sand from drifting, being blown, or otherwise moved therefrom, into or deposited upon any paved, planked, or macadamized street, alley, place, park, thoroughfare, or other public property, and to enforce all such regulations by sufficient fines and penalties. Maintain house of correction. 32. To maintain, regulate, govern, manage, and carry on a house of correction, and to utilize therein and thereby the labor of all prisoners committed to the jail or house of correction of such city, or city and county, by the police courts and the superior courts; to prescribe rules of com- mitment and detention of prisoners, hours of labor, and all necessary rules, regulations, and restrictions for the prop- Aet JB4S, § 64 MUNICIPAL CORPORATIONS. 671 cr operation of said institution. All prisoners sentenced to a term in the county jail, or house of correction, shall !».■ teemed to have been sentenced to labor during such term. The ju-i l:> - of police courts ami of the superior oourts in such city or city and county, may - riui- inals to the house of correction win n, in the judgment of such jmdge, the criminal is ' • the state prison, or when it is deemed bettor for the wcll- beii._ r. N'.i person shall be 1 to imprisonment in the house of correction for a shorter or longCZ term than that for which he might be Bentei in the jail of BUCh eity, or city ami county, or in the state prison; and in no cane whatever for a shorter term than three months nor I jer term than three yean. Wo - .ii who might lie bi Qtenced to imprisonment in the state prison shall be sentenced to imprisonment in the house of correction If be is more than twenty five years ,.t age, if he has been .nee before convicted of ■ felony, ur title* befeae convicted of petit larceny, nor aniens, in the opinion of the court, imprisonment in the house of Correction will be more for his interest than imprisonment in ; prison, and equally for the interest of the public. The fact of a previous conviction may be found by the court upon evidence introduced at the time of si ot( The board of aldermen ty, or city and county, shall appoint a competent superintendent of the house .., .-or- rection of such city and county, who shall also be of said house of correction, and who shali give goo I and Sufficient bonds, in a sum, and with sureties, to be ap- proved by said boand af aldermen, for the faithful dis- charge of his duties, and to whom shall be paid a salary, t , be fixed by them, net to exceed two hundred and fifty dollars p. r month, payable monthly. Said Superintendent shall only be removed for just and sufficient legal cause, r a fair and impartial investigation of his ease by said board of aldermen. He shall, immediately after his appoint- ment, and when authorized by said board of aldermen, ap- point, subject to the approval thereof, such subordii. as may be deemed necessary by the board of aldermen; and the pay of such subordinates shall be fixed by said board of aldermen, not exceeding one hundred dollars per month to each party so appointed. The superintendent shall m;i the general interests of the institution; see that its affairs are conducted in accordance with the nquirements of this chapter and of such by-laws as the board of aldermen may *?3 MUNICIPAL CORPORATIONS. Act 2348. J «4 from time to time adopt for the orderly and economical man- agement of its concerns; to see that strict discipline is main- tained therein; to provide employment for the inmates; ad- just and certify all claims against the institution. And all by-laws made by said board of aldermen for the management of said institution, and not contrary to the laws of this Btate, shall be binding, in all respects, upon said superintend- ent, officers, and inmates; and said superintendent shall each year prepare and submit, under oath, to the board of alder- men a report of the concerns of said institution. The super- intendent shall reside at the house of correction, have charge of its inmates and property, and be its treasurer; keep ac- counts of all his receipts and expenditures, and of all such property and account in such manner as the said municipal council may require, and hold all books and papers open to their inspection. Maintain an industrial school. 33. To maintain and regulate an industrial school for the detention, management, reformation, education, and maintenance of such children, under the age of eighteen years, as shall be committed or surrendered thereto by the courts of such city, or city and county, as vagrants, living an idle or dissolute life, or who shall be convicted by the police or superior court of any crime or misdemeanor, or who, being tried for any crime or misdemeanor in such court, shall be found to be under fourteen years of age, and to have done an act which, if done by a person of full age, would be a crime or misdemeanor; and said council is em- powered to regulate the commitment, detention and dis- charge of such children, and to designate and prescribe the causes, terms, and conditions thereof; and the said police court and superior court shall have power to adjudge that such persons so convicted shall be so imprisoned; and per- sons so convicted shall remain at said industrial school un- til he or she shall attain majority, unless a shorter time shall be fixed by said court in the commitment. Such children shall be kept at such employments and be instructed in such branches of useful knowledge as may be suitable to their age and capacity. The municipal council may provide for binding out such children as apprentices during their minor- ity, to learn proper trades and employments. There shall be a superintendent of said industrial school, to be appointed by the board of aldermen. He shall be deemed a public Gen. Laws — 13 Act 3948. J 64 MUNICIPAL CORPORATIONS. 674 officer, whose salary shall not exceed two hundred and fifty dollars j« r month, and such other employees as may be in c< saary, with aalary not to exceed one hundred dollars per h. Such police and superior court, or either of them, upon the application of the board of aldermen, and upon its certificate that it ; i nt to do so, shall have powi r to discharge any child committed to said industrial school, and who is not hound out as .in apprentice, or adopt- ed, and may in like manner discharge such child upon the application, in writing, of the parents or goardian of such child, who shall r bound Out or adopted, and after ten days' notice, in writing, to the board of aldermen, if, upon the hearing of the application, such police court or rior court shall consider that such discharge is expe- di( nt. Maintain alms-house, etc. 3 t. To establish and maintain an almshouse, a city and county hospital, a smallpox hospital, and such other institu- ..f the same character as are or may be necessary, and to perpetuate such institutions as may have been heretofore blished in such cities, or cities and counties, heretofore incorporal Payment of judgment. 35. To order paid out of the general fund any final judg- ment against Such city, or city and county. Public pound, 36. To maintain, regulate, and govern a public pound, fix the limits within which animals shall not run at large, and appoint pound keepers, who shall be paid for out of the fines imposed and collected of the owners of impounded animals, and from no other source. Improvement of water front. 37. To allow and order paid out of the street department fund such sums as may be deemed necessary for improve- ment of Btreets bordering on the water front, and improve- ment of sewers and streets in front of public property. Burial of indigent dead. 38. To allow and order paid put of the general fund such sums as may be necessary for burying the Indigent 675 MUNICIPAL CORPORATIONS. Act 234S, { C4 P»y of special counsel. 39. To allow and order paid out of the general fund such sums, not to exceed five thousand dollars in any one fiscal year, as may be deemed necessary for the employment of special counsel. Enact certain regulations. 40. To enact such general and special police regulations for such city, or city and county, as shall secure the health, comfort, and security of the inhabitants, the safety and se- curity of property and life, and to enforce the same therein. "Regulation of offices and departments. 41. To make needful rules and regulations for the admin- istration, care, and maintenance and conduct of all depart- ments and offices of such city, or city and county, when not otherwise in this chapter provided for, so as to secure more perfect safety of the public funds, and greater efficiency in all departments of the service, and to enforce the observa- tion of such rules and regulations, and to authorize the ap- pointment of such additional clerks, assistant deputies, and employees as in their judgment may be necessary for the proper discharge of the duties of such offices and depart- ments. General fund. 42. To appropriate the moneys derived from the revenue of such city, or city and county, to a general fund, and such funds as have been heretofore or shall be hereafter established by law, or the said council, and as shall be nec- essary for the proper and economical administration of such city, or city and county. Free library. 43. To establish, maintain, and regulate free public li- braries and reading-rooms, and to perpetuate such free li- braries and reading-rooms as may have been heretofore es- tablished in such cities, or cities and counties, heretofore in- corporated. Law library. 44. To provide, fit up, and furnish, and provide with fuel, lights, stationery, and all necessary attendance, conveni- Art »4 MUNICIPAL ■'< 'PERORATIONS «•'• onci s, and eare, rooms convenient and Ae to th<' courts, mfficient fur tl 1 accommodation of a law library and tbo&< whi> have roved ■ i library, ami ■ b sim^ manner provide for any law library i r etty and county, the of whieh - law to the eourts, tin bar, and the city, or dty ami com rument The municipal council sbnll ha\. [*.w.r. and '' shall be tin ir daty, to appropriat tnd or.i.r paid oat of tbe prap e r fuml such sums as n ay bo necessary I nd maintain I tuate any such hi retofore existing in such city, or city ami county. Building comn. • To appoint a committer of five, three from the board • f aldi rmen and two from the house of assistant alder to be denominated tbe "Building Comml superin tend tl onatrnetion >>f building kruet- e.l fbf Mich city, or city and county, >>r now in pr construction therefor, and to appofl I foT such committee, and to fix his • also to appoinl rintendenl and architect therefor, fix tln-ir reepectii - !i, l require of such superin- tendent and arehil sureties 1 litioaed foi the faithful perfoxmaace of their duty, in such sums as may 1.. .!■ BUM BTJ, if city if.' 17. Tn divide the city, or city and county, by ordinance, into twelve wards, to fix the boundaries thereof, and to Change tin same from time to time; provided, that m> change in tin benoxdaxies of anj dJ be made within ':., f ..r. the ,|,i- ; £, in ral < lection, aor within twenty months after the same shall have 1 lished <»r altered. Levy and collection of revenue. iv To provide for tin levy, collection, and appropria- tion of nvei. ue beretofori by law- provided to be coll for the erection and completion, of any public building in '■" MINICIPAL CORPORATIONS. Act 234S, }§ 65-67 and for such city, or city and county, in the manner as heretofore provided by any law of this state for the levy, collection, and appropriation of the same. Board of equalization. Sec. 65. The municipal council shall constitute a board of equalization for such city, or city and county, and as such shall have the powers conferred by the general laws regulating the assessment and collection of taxes, when not inconsistent with the provisions of this chapter. Definition of public streets. Sec. 66. All the streets, lanes, alleys, places, or courts, as laid down on the official map of such city, or city and county, and all other streets, lanes, alleys, places or courts now dedicated or open to public use, are hereby declared to be open public streets, lanes, alleys, places or courts for the purpose of this chapter; aud the municipal council is in- vested with jurisdiction to order any of the work mentioned in section sixty-seven of this act to be done on any of said streets, lanes, alleys, places, or courts, when the grade and width of said streets, lanes, alleys, places, or courts have been officially established; and for the purposes of this chapter the grade of all intermediate or intersecting streets, lanes, alleys, places, or courts in any one block shall con- form to the grades as established of the crossings of the main streets. Grading streets. Sec. 67. The municipal council is hereby authorized and empowered to order the whole or any portion of the said streets, lanes, alleys, places, or courts graded or regraded to the officdal grade, planked or replanked, paved or repaved, macadamized or remacadamized, piled or repiled, capped or recapped, and to order sidewalks, sewers, cess-pools, man-holes, culverts, curbing, and cross-walks to be con- structed, and to order any streets and sewers cleaned, and to order any other work to be done which shall be nec- essary to make and complete the whole or any portion of said streets, lanes, alleys, places, or courts, and they may order any of the said work to be improved; and when any street, or portion of a street has been or shall hereafter be constructed to the satisfaction of the municipal council and tie superintendent of streets, and shall have a bricJc sewer, ■ IRP0RAT10N& or <-emont or pipe constructed therein, under BSjeh rrg ■:; ' • ri " I I ■: I . the simr SI I ' -Vll! b> kept Opeil and irti] I ity and county, the ox] ritb all work done In front of city, or city d "lit of the -art- - proper fund; provided, that tin muni tnci] Bhall >f any portion of | idth of the roadway ( including the cur! block in length, or one err ng) ; ■ 1-d furtli m nnne. -; of land >n of a p 'nil still remain and | bio for sueh ,ir and n I tm- rtruetion, when thereafter a sewer or •is if no partial or had. The said s ts shall keep in his nffieo a - • f all aoc' Ihe same • so that reference may be easily had thereto. Special a=<:«ssment for work on private property. The municipal council may order work author- ised by this ehapter, t l t and < rpenst of which is made chai {cable, or i ! upon pr : - • • rty by ■"■-■• t its intention so to do in the fnrm Intiou describing the work, and rka "f I'dh branches of the muni- cipal council, has been published for thi I of five doing the printing for such city, or city •y, and also in two dail; one of which Ti' published as a morning edition and n evening edition, printed and published in such cit. for five days, Sundays and non-judicial d provi !• i. that no such n aha!, or order mad' for the grading of any Btr mill as th( frontage of the lots and land fronting on the work proposed to be done, and described in said resolution, or which is to be made liable for such grading, except public property, shall have been n .,1 by the owners then of, or by their agents, in u | «T9 MUNICIPAL CORPORATIONS. Act 2348, | bH tion to the said municipal council, stating that they are the owners and' in. possession or agents of the lots named in the petition, ind also requesting that such improve- ments or street work shall be done. All owners of lands, or lots, or portions of lots, who may feel aggrieved, or have objection to the ordering of the work described in said no- tice, or who may have objection to any of the subsequent proceedings of the municipal council in relation to the work mentioned in such notices of intention, or may have any ob- jections to any of the acts of the superintendent of streets, and the city, or city and county, surveyor of such city, or city and county, in the discharge of any of the obligations or duties imposed upon him or them by virtue of their offices, shall file with the clerk of either branch of the municipal council a petition or remonstrance, wherein they shall set foith in what respect they feel aggrieved, or the acts or proceedings to which they object, wbieh petition or remon- strance shall be passed upon by the municipal council, and its decisions thereon shall be final and conclusive; but the municipal council shall not order the work described in said notices to be done unless all objections and pro- tests, that may have been presented and filed as aforesaid shall have been by them disposed of. Should the owners or agents of more than one half in frontage of the lots and lands fronting on the work proposed to be done, and designated in said notice or resolution, or liable to be assessed for work, file with the clerk of either branch of the municipal council written objections against any grading described in said notice, at any time before the expiration of the publication of said notice of inten- tion, and the publication thereof, as hereinbefore provided, then and thereupon the municipal council shall be barred from proceeding further for the period of six months, and shall not renew the notice of intention for doing any street work so protested against within six months, unless the owners or agents of a majority of the frontage of the lots and land fronting on said street work, or liable to be assessed therefor as aforesaid, shall petition anew for the work to be done. At the expiration of any notice of intention, the municipal council shall be deemed to have acquired jurisdiction to order any work to be done which ia authorized by this chapter; and it is further provided, that where any public street shall have been graded, or graded and macadamized, or graded and paved, for the distance of one or two blocks upon each side thereof of IIATIONS. •*> any one or two bl ng of a street which im tint irnpr<.\ -i-.l, it slmll be the duty of the municipal conTi.'i!, tip- on the recommendation of rder the n^t' Led in this s< •■■tion to be given without the ]»•• t i t :tn.1 if tho land and lots fronting on men porl ided of Impi i ''. within the tame prescribed La said n file writt. »nfl to tht I '• MM v ' b shall be a bar f^r six montht for the do in;; of aaid work or making said imj ur improvi ment ; * • ■, man boles, ml dka, and « i < 1 ■ muni pi pa] council shall duly cm I nb- i work] and if it shall d< and declare try in tho minutes of both bnu thereof that the ol -. ipoii it thai] Lx to ordi r any suel I in said no- farther, that arhei ill of more of the ling, planking, ma ng, paving king, or of any onr> street. Iytn| main Itl ed, the mnnicipaJ conn- iv order the remainder of sueh grading, planking, ma- imiaing, paving, sidewalking. er sewering Lone, notwithstanding tl .11 of the rs. r of compelling certain Lone, i more thaa one half in fr of lots and lands fronting on ai lane, alley, place, or court, t, or th< ir duly authorial petit on the said municipal council to order any - . tion en of this act to be done; and the said 1 may order the work mentioned in said petition to I" after n..ti.i of their Intention so to do has been pubh 6-1 MIN1CIPAL CORPORATIONS. Act 2348, § J 70, <1 as provided in section sixty-eight of this act. No order or permission shall be given to grade, or pile and cap, any street, lane, alley, place, or court, in the first instance, or any portion thereof, without extending or completing the same throughout the whole width of said street, lane, alley, place, or court. When any such work has heretofore been done, or when any such work shall hereafter be done, in violation of this section, neither the lots or portions of lots in front of which such work has been or may be done hereafter, nor the owners thereof, shall be exempt from as- sessments made for the payment of the work afterwards done to complete said street, lane, alley, place or court to its full width, as provided in this chapter. May be transmitted. Sec. 70. At the expiration of publication of such notice, the clerk of either branch of the municipal council shall cause to be transmitted to the city, or city and county, sur- veyor, and to the superintendent of streets of such city, or city and county, a copy of the resolution, order or ordi- nance authorizing the said street work. The said surveyor shall thereupon, within fifteen days from the completion of the publication mentioned in the last section, transmit to said municipal council a map of the district to be benefited by said street improvement; which map shall show the rel- ative location of each lot to the work proposed to be done, and be signed by said surveyor. The superintendent of streets shall also thereupon, within fifteen days from the completion of said puDlication, transmit to the municipal council an estimate of the cost and expense of said improve- ment, which said estimate shall contain the items compos- ing the gross sum estimated, and shall be signed by said superintendent. Adoption or modification of map. Sec. 71. The municipal council shall, at the first meet- ing after the receipt of such map and estimate, or as soon Act 2J4S. § 71 MUNICIPAL CORPORATIONS. SSI aa may 1 ibl< . either adopt, modify, or reject the same, and. after its final action upon said map and estimate, the same shall be tsansm • rintcmh nt of ta, who shall record the aaiM in a book to be kept by him for such pui and '•• said sup« rintendent shall forthwith prepare plans ar ns for such sfr-i-t work, and tho elerk <>f sithsz branch of the municipal Coun- cil shall aanai ieuooaly posted in the adent, and also published for t ■ non- jndieia] \) in the newspaper* hereinbefore mention, d, a notice Inviting Sealed proposals to .•mi for • eontemplati d I Formed such work aol to }.. performed, nor for the same mad. r red into, until after t! - sufficient for the pay* ment of the costs and • " >f shall have been lev- and paid into the treasury of such city, or city and county, ax hereinafter provided; which notice shall substantially contain the plana ami specifications above mentioned; and all no* - 'utions, ami Olden required t„ b< r pnbHahed ander the provisions of this chap- ter shall I or published, or both posted and pub- lished, as the law may require, by said clerk, as "a Matte* of course, and without any Special direction or authority from said municipal council. The said superintendent shall furnish specifications for the performance of any and all Street work u dered by the municipal council and authorized by this chapter, and the time within which said work must be completed after entering into the contract for doing the 8ttme , mi proposals shall be delivered to the clerk of either branch of the municipal council, and the house of which he is the clerk shall, in open session, open, ex- amine, and publicly declare the BUBe; and all proposals shall be for a price payable in gold coin of the Unit.-d States; provided, said municipal council may reject any and all proposals should they deem it for the public good, and also may reject thi proposals of any party who may 683 MUNICIPAL CORPORATIONS. Act 2318, J "1 be proved delinquent or unfaithful with any former con- tract with suc'u city, or city and county; and if all proposals shall be rejected, the municipal council shall direct the clerk of either house thereof to ngain post said notice, and publish the same as in the first instance. All pro- posals shall be accompanied with a bond to such city, or city and county, to be approved by the clerk of either house of said municipal council, in the sum of one thousand dollars, and in such additional amount as may be fixed by said superintendent of streets, with two good and sufficient sureties, who must be freeholders of such city, or city and county, said sureties to justify in double the amount, conditioned that the party making such proposal shall, or will, within ten days after notice from said super- intendent that the moneys for the cost and expenses for such work have been paid into the treasury, enter into a contract with such city, or city and county, in pursuance of such proposal, and to commence such work within five days after the execution of such contract, and complete the same within the time mentioned in the said plans and specifications, or either of them, or within any ex- tended time; it is further provided, that all persons pro- posing, owners included, who shall fail to enter into any contract as herein provided, or to complete the contracts entered into, are hereby prohibited from proposing a sec- ond time for the same work; and in case of owners, they are hereby prohibited from electing to take the same work a second time, and from entering into any contract concerning the same. At any time within five days after such money has been paid into the treasury, the owners of a majority of the frontage of lots and lands liable to be assessed for said work, or their agents, and who shall make oath that they are such owners, or the agents of such owners, may elect to do the said work, and to enter into a written contract to do the whole work at the price for which the same is awarded, upon giving the bond Act :Htf. | 11 MUNICIPAL CORPOBATXOira. 6S4 as h< ri i'i.-iftrr provide ; ami they Bhall commence said work wit hin five .piys .-i ft f-r the ex< cntion of such contract, and shall prosecute it diligently and continuously, :iml complete it within kke time limited in the contract, or within any extended time; l.tit should the said contractor, or the property owners, fail to proeeeute the same dili- 'y or continuously, in the judgment of said superin- tendent, or ompht.- it within the tim.' pr. scribed in the .'ontra. i, ,,r within tin- extended time, then it shall be the duty of H.-iid snj.i -rint. ml. nt t the same to the municipal council, who shall iinmediat.lv order the clerk of either I. much ol the municipal council to advertise for pro- - in the first in-tan. ••■. and r« let the contract in the manner hereinbefore provided; and it is further provided tliat all oontructors for -k win II, at the time of entering into said contract, execute a bond payable to such city, city or county, with two or vote sureties, in the sum of not than one thousand dollars, and in such additional amount as may be I i x . • . I by said supcrinti mlent. eondit ioned for the faith- ful j'trfonnati raet; ami said sureties shall jus- tify in double the amount of the penalty fixed in said bond; such sureties to justify before said superintendent or his dep- uty, and the .(ualitic-itions and responsibility of such sureties shall be tin same as prescribed for sureties on the official bond£ of the officers of such city, or city and county; and it is further provided that in case of the non fulfillment by the obligor in either of the bonds mentioned in this section, of the conditions thereof, it shall be the duty of the city, or city and county, attorney to sue for and collect the sum in said bond mention.. I, in any court of competent jurisdiction, and pay the same into th. city and county treasury, to the credit of the proper fund. Assessment. Sec. 7'2. After the proposal shall have been received and considered by the municipal council, the superintendent of streets shall make an assessment in proportion to the benefit MS MUNICIPAL CORPORATIONS. Act 2348. § 7S upon all the land in the district shown upon said map. Said assessment shall show the work proposed to be done, the esti- mated cost thereof, the rate per front foot assessed against each lot within the assessment district, the amount of each assessment, the name of the owner of each lot, or portion of lot, if known to the superintendent, and if such owner be un- known, the word "Unknown" shall be written opposite the number of- the lot (but an assessment made to a person not the owner shall not render such assessment illegal), and the amount assessed thereon, the number of each lot, or portion of lot, as- sessed, and shall have attached thereto a diagram showing the assessment district, and the relative location of each lot as- sessed to the work proposed to be done, each lot being num- bered in said assessment and diagram; and when completed, shall be signed by said superintendent, and transmitted to the board of aldermen. Notice of hearing objections to assessment roll. Sec. 73. At the first meeting of the board of aldermen, after the receipt by it of the assessment made by said super- intendent, as soon thereafter as may be practicable, it shall cause notice of the time and place of the hearing of all objec- tions to said assessment to be published for at least five days (Sundays and non-judicial days excepted), prior to the time of such hearing, in two daily newspapers, one published as a morning edition and one as an evening edition, in such city, or city and county. All objections shall be heard in open ses- sion of said board of aldermen. A.t said hearing said board of aldermen may alter, modify, or confirm said assessment, as it shall deem proper; and said superintendent shall there- upon record said assessment and diagram in a book to be kept by him for that purpose. When so recorded, the several amounts assessed shall be deemed a tax levied upon the lands described in said assessment and diagram, upon which they are respectively assessed, and shall be a lien upon such par- cels of land. Said superintendent shall give to each assess- ment a number by which the fund collected for said work shall be known, and shall immediately after the record of said Act 2343, §§ 74, 75 MUNICIPAL CORPORATIONS. «S6 nnent, as hereinbefore provided, deliver the said assess- ment and diagram to tb< tax collector of such city and county, who shall thereupon • be published for ten successive days (Sundays and non-judicial days excepted), in two news- papers of genera] circulation, one of which shall be published ■ as an evening edition, published in such <-itv, or city and com ty. a notice containing a descrip tion of the proposed improvement, and of the portion of street or streets upon which the same is proposed to be done, that the saruo is in his hands for collection; that if said assessment is not paid within fifteen days from the date of the last pub- lication of such notice, that the same will be delinquent; that the prop! rty assi ss. d, and upon which the assessment remains il, will le Bold by said tax collector for said assessment, a brief description of the property assessed, the amount as- *!:• reon, and the time and place of sale, which shall be not leM than five nor more than ten days after such delin- quency. Sale of property for unpaid taxes. Sec. 74. On the day fixed for the sale, said tax collector, be- tween the bourt \. M. and three P. M., must commence the sale of the property advertised, upon which the assess- I remains unpaid, and sell the same at public vendue, in the office of said tax collector, to the person who will take the least quantity of the respective parcels of land assessed, and pay the assessment thereon, together with two dollars to said tax collector for the duplicate certificate of sale. If the pur- chaser does not forthwith pay the amounts of the assessment and costs by him bid, the tax collector shall immediately pro- eh parcel or parcels again, in the same manner, for the amount of said assessment and costs. Duplicate certificate. Sec. 75. After receiving the amount of the assessment and costs, said tax collector must make out in duplicate a certifi- cate, dated on the day of sale, showing the name of the per- son assessed, when known, a brief description of the property sold, the street improvement for which the assessment was levied, the number of the assessment, that it was sold for an assessment, the amount thereof, that the same is subject to redemption at any time within one year after sale, and speci- fying the date when the purchaser will be entitled to a deed; and Upon payment to said tax collector of the fee for record- ing the same, said tax collector shall deliver one of such du- 681 JTUNICIPAL CORPORATIONS. Act 2348. §§ 76-7S plicates to the purchaser, and the same 'lay file the other in the office of the recorder of the county, or city and county, who shall record the same. Vesting of lien. Sec. 76. Upon filing the said duplicate in the office of said recorder, the lien aforesaid is vested in the purchaser, and : s only divested by payment to him, or to the treasurer of such city, or city and county, for his use, of the purchase money and costs, and two per cent per month and fraction of a month up to date of redemption thereon. A redemption of the prop- erty sold may be made by the owner, or any party in interest, within twelve months from the date of purchase. Deed to purchaser and conclusions of law. Sec. 77. If property is not redeemed within twelve months from the date of such sale, the tax collector must make to the purchaser, or his assignee, a deed, reciting substantially the matters contained in the certificate, and that no person re- deemed the property during the time allowed by law for its redemption. The matters recited in the certificate of sale must be recited in the deed, and such deed, duly acknowledged, shall be prima facie evidence that : 1. The property was assessed as required by law; 2. That the assessment was not paid; 3. That the property was sold at the proper time and place, and by the proper officer; 4. That the person who executed the deed was the proper officer therefor; 5. That the title to the property therein described is vested in the purchaser, his heirs, or assigns, free from all incum- branches, except taxes for purposes of revenue. Payment into treasury by tax eolleetor. Sec. 78. Said tax collector shall daily pay into the treas- ury of such city, or city and county, to the credit of the proper street-improvement fund, all moneys collected by him on ac- count of such fund, and shall, upon the receipt of any assess- ment, mark the same paid upon the assessment roll, and shall receipt to the person paying the same therefor, which receipt shall show the number of the street-improvement fund, the work done, the number of the lot upon which the assessment' is paid, and the amount thereof. Act 2U8, 1 1 7»-tl ITUNICIFAX CORPORATIONS. 6SI Certificate of payment into treasury. Sec. 79. When the full amount of such assessment has been collected by said tax collector, the said collector shall certify to the superintendent of streets that the same has been col- lected ami paid into the treasury of such city, or city and county. Upon the receipt of such certificate from the tax collector, the Baid superintendent shall forthwith notify the person whose proposal shall have been accepted by the munici- pal council, as aforesaid, of the payment of such money into the treasury, and that such city, or city and county, is ready to enter into a contract with such person for such work, in pur- suance of said proposal; and said superintendent shall hold himself in readiness to exicute said contract on behalf of such city, or city and county. The board of aldermen may extend the time of performance of the contract, as fixed by the con- tract of specifications, upon the recommendation of said su- perintendent; l>ut the time of the performance shall in no event be in any manner extended beyond sixty days after the time fixed in such specifications or contract for the completion of said work. Certificate to contractor and publication of notice. Sec. SO. Whenever any contract shall have been completed to the satisfaction and acceptance of the superintendent of Btreets, he shall deliver to the contractor a certificate to that effect, and shall also notify said board of aldermen that said work and improvement, and the contract therefor, having been completed to bis satisfaction and acceptance, and that he has given to said contractor his certificate to that effect. There- upon siid board of aldermen shall direct the clerk of said board to give notice by publication for five days, in a news- paper published and circulated in such city, or city and county, that said work and improvement, and the contract therefor, have been completed to the satisfaction and acceptance of the superintendent of streets of such city, or city and county. Appeal of property owner. Sec. 81. Any person owning property which has been as- 1 to pay the cost and expenses of such work and improve- ment, feeling aggrieved at the manner in which such work and Improvement shall have been done, or feeling aggrieved at any act or determination of said superintendent of streets in rela- tion to said work and improvement subsequent to the date of tutioti of the contract therefor, shall, within five days from- the first [ ublication of said notice, appeal to said board 6S9 MUNICIPAL CORPORATIONS. Act 2348, § 82 of aldermen by briefly stating their objections in writing, and by filing the same with the clerk of said board. At the meet- ii!g of the board next ensuing after thte expiration of said five days allowed above for filing said objections, the said board, if no objections have been filed, shall, by resolution, ratify and confirm all said acts of said superintendent of streets, and shall accept such work cud improvement. But if any such objections last aforesaid snail have been filed within ?aid five days, then said board shall fix the time for hearing such objections, and shall direct he clerk of said board to notify all persons desirous of being heard upon said objec- tions of the time and place when and where said board wil! hear all parties desiring to be heard 'inon the same. Paid no- tice shall be in writing, and shall be given by posting the same in three of the most conspicuous public places in such city, or city and county, and published five days in two daily news- papers (one morning and one evening edition), at least five days before the time set for said hearing. At the time and place fixed for said hearing of said objections, said board shall proceed to hear all parties present and desiring to be heard upon the matters specified in such objections. And whenever said board shall have determined, by personal inspec- tion or otherwise, that said work and improvement objected to have been completed in all respects according to the contract therefor, they shall, by resolution, accept said work and im- provement, and ratify and confirm all said acts of said super- intendent of streets in relation thereto. Notice to superintendent of streets. Sec. 82. If, upoD sueh hearing, said board of aldermen shall determine, by personal inspection or otherwise, that said work and improvement have not beeu performed according to the contract therefor, then they shall notify the said superintendent of streets to that effect, specifying in said notice to him the particulars in which said contract has not been performed. And said superintendent of streets shall thereupon at once cause said contractor to complete said work and improvement under the contract therefor in those particulars specified by said board in said notice to said superintendent of streets. Whenever said board shall ascertain that said work and im- provement have been completed in all respects according to the terms of the contract therefor, they shall, by resolution, accept such work and improvement. All acts and determina- tions of said beard of aldermen upon appeals, under the pro- visions of this and the next preceding section, shall be final Gen. Law» — 44 Act 2348. 85 83, 84 PALCORPO «*> and conclusive upon all persons entitled to an appeal there- under. Payment to contra Sec. 83. Whenever any work or Improvement shall have been so completed upon i!l--y, court, or place in slid, c and county, for the payment of costs and ea "i which an assessment shall hav< !>• i n levied and collei : tin provisions oi the said board of aldermen shall, by resolution, direel the treasurer to pay out of the appropriate fund, at the expiration of fifteen days from the ii resolution, to the contractor who shall eted Baid work and improvement, the amount to which under the terms of his contract; pro- vided, however, that such pa; isurer shall be the following ■ to wit: that any person or trmed labor apOO or furnished i..i the construction of said work or improvement, tile within said lift- . with the treasurer, any writ ten c or they n aj ceount of such labor performed or materials furnished; and at the expire tion of said fifteen r shall paj to said con- lasl ■ mied resolution, lees the mt of all such claims, if any, theretofore filed with the | -■tion. Should any money be retained by said treasurer o • t of such claim or clain er the amount of each claim only upon the order therefor of —actor, indorsed by or Upon the order therefor of any court of competent jurisdiction. I of moiii ii. And when all moneys required to be paid by the -aid treasurer, under the last preceding section, shall have been by him pai 1. as required in ion, if there is any money remaining in the fund out of which said paymi shall have I een made a^ aforesaid, it shall be the duty of sail surer immediately to report the amount of said remaining moneys to said board of aldermen. Thereupon it shali be the duty of said board to and direct said treasurer to distribute and repay such remaining moneys, and in the pro- portion of the amounts of the original assessments, to the persons by or for whom said original -re paid. or to the ; r legal representatives. Ami it shall be the duty of said treasurer, in each instance of such repayment, to require. 691 MUNICIPAL CORPORATION'S. Act 2348, §J S5-«7 receive and file away a receipt of said proportionate amount from said persons or their legal representatives. And in no case shall a contractor who has failed to fulfill the terms and conditions of his contract be entitled to receive any portion of the contract price therefor, and he shall be deemed to have forfeited all right to recover or receive any compensation what- ever under said contract. Kind of labor on accepted streets. Sec. 85. No contract to do any work upon any accepted streets, other than cleaning streets and sewers, shall be let, but such work shall be done under the direction of the super- intendent of streets, by laborers employed by such city, or city and county, through said superintendent, at such wages as may be from time to time fixed by the municipal council. All contracts for materials necessary to be used for work on accepted streets must be given by the municipal council to the lowest bidder offering adequate security, after clue public no- tice, for not less than five days, in at least two newspapers published in such city, or city and county. Repairing streets, sewer, etc. See. 86. In case of urgent necessity, the superintendent of streets may, and it shall be his duty to, repair any of the un- accepted public streets, sewers, or crossings cornering thereon; and the expense of the same shall be paid out of the street- department fund, in the same manner as provided for the improvement of accepted streets; and all such repairs shall be made in uniformity with the work to be repaired, but such repairs between two main streets shall not exceed in cost the sum of two hundred dollars, and the repairs of any crossing shall not exceed in cost the sum of one hundred dollars; pro- vided, the sums so expended shall not exceed the sum of two thousand dollars in any one month. Such work, and the ma- terial therefor, shall be performed and provided in the same manner as provided in the foregoing section concerning labor ami material for accepted streets. No recourse on city for damage for accident on defective street. See 87. No recourse shall be had against such city, or city and county, for damage to person or property suffered or sus- tained by or by reason of the defective condition of any street or p, il lie highway of such city, or city and county, whether originally existing or occasioned by construction, excavation, or embankment, or want of repair of said street or public high- Act 2348, } 88 MINICIPAL CORPORATIONS. 692 way; ami whether Btieh damage be occasioned by accident on said street or public highway, or by falling from or upon the same; but if any person, while carefully osing any street or public highway of apeb city and county, graded, or in course of being graded, or carefully ash ther street or public highway leading into or crossing the same, be Injured, killed, lost. .>r any horses, animals, or other property he lost, injured, or !. through any defect in said sti or pul He highway, grade I, or in course of being graded, as aforesaid, * by reason of a embankment in or of the same, or by falling from or upon sueh embankment or ■ then the person or persona upon whom the law may impose the duty either to repair such defect or to guard the public from the excavation, embankment, or grading afore Baid, and also the officer or officers through whose otlicial ncg- lired, or said excavation or inkment remained unguarded as aforesaid, shall be jointly and severally liable to the persou or persons injured for the damag • ed. Improvement of streets by property owners. - 3, The superintendent of streets may require, at his option, ! '.. writing, to be delivered to them personally or left on the premises, the owm is, or occupants of irtions of lots liable to be assessed for work done under the provisions of this chapter, to improve forthwith any irk mentioned in section sixty s. veil of this act in front of the property of which he is the owner, tenant, or occupant, to the center of the street or otherwise, as the case may re- quire, or to remove all filth, sand, earth, or dirt from the Btreet in front of the premises; and, by a like notice, to be si rved pi rsonally upon the president or any officer of a rail- r »ad corporation or company, or to be left at the office of said corporation or company, to require such corporation or com- pany to improve forthwith any work mentioned in this chap ter which saia corporation or company are required by law to do and perform; said notice to specify what improvement is required or work is to be done. After the expiration of five C9S MUNICIPAL CORPORATIONS. Act 234S, 5 g 89, 90 days, if such notice shall not have been complied with, such proceedings shall be taken by the proper authorities to cause the moneys necessary for the doing of such work to be paid into the treasury as is hereinbefore provided in reference to work and improvements upon unaccepted streets, and to be paid for in the same manner. Notice, how served. Sec. 89. Notices in writing, which are required to be given by the superintendent of streets, under the provisions of tnis chapter, may be served by any police officer, or by any malo eitizen over the age of twenty-one years; and the fact of such service shall be verified by the oath of the person making it, taken before the "superintendent (who is hereby authorized to administer oaths), or any other person authorized to admin- ister oaths. The superintendent of streets shall keep a record of the fact giving such notices and proof of services, and shall keep the original proof thereof. Levy of taxes. Sec. 90. 1. On or before the fourth Monday of July, an- nually, the municipal council of such city, or city and county, shall levy the amount of taxes for city, or city and county, purposes, required by law to be levied upon all property not exempt from taxation; said amount to be sueh as the said council may deem sufficient to provide for the payment of all demands upon the treasury authorized by law to be paid out of the same; provided, that such taxation, exclusive of any and all special taxes, now or which' hereafter may be author- ized by law, shall not in the aggregate exceed the rate of one dollar upon each one hundred dollars valuation of the property assessed; provided further, that the said municipal council shall, in making the said levy of taxes, apportion and divide the taxes so levied, and to be collected and applied to the several specific funds known as the corporation debt fund, general fund, school fund, street-light fund, street-department fund, or other fund provided for by law or by the said coun- cil, according to the estimate of said council of the necessi- Act 2M8, } 90 MrNI^IPAL CORrORATIONS. CM Kept thai the rate for ti fund shall 1 1 • • t azeeed thirty ■ tiv.- dollars fur each pupil who shaft h.-i\i' attended and been taught the preceding year; ami pro- rided farther, thai the said municipal council sin II authorize thf i f said money tor the purpoaei hereafter mentioned; and at the clow,. ,,»' each tl— •-;» 1 \<-ar the aald coun- cil shall direct the treasurer to ill surplus nn.- at -ill funds, • school fond, after liquidating or providing for all o - apon said funds, to the ral Pond; but no money shall be transferred from cither of the said fundi to another, nor used in paying any demi upon such other fond, until all the indebtedness arising in any ^ar. and payable out of said funds I for said flscal year, shall have been paid and discharged. i lorporation debt fund. debt fund shall be applied to and used for the : or provide tor the 'Min- of th.' lawfully • . funded debta ich city, or iitv an . in accordance with law at the time of the organisation of such city, or city and county, under this act. General fund. 3. The general fund shall he applied and used for t! incut of nil sums authorised by la aid out of the geav i ral fund, and not other i led for in this chapter. School fund. 1. Th.' school fund shall be applied ami used for the pay inent of all sums authorized by law to be paid out of the school fund. Btieefc-ligbt fund. 5. The street light fund shall be applied and used in the payment for lighting the streets of such city and county, an.! lor the r<'|air of lamps ami p08ts, in pursuance of any exist- ing or tut; Buch city and county. 695 MUNICIPAL, CORPORATIONS. Act 2348, f n Street-department fuDd. 6. The street-department fund shall be applied and nsed for repairing and improving all streets, lanes, and the crossings thereof, which shall have been or hereafter may be accepted, so as to become a charge upon such city and county; for clean- ing streets, lanes, crossings and sewers; and for the expense of improvements of streets in front of school lots; for all Btreet work in front of or assessable upon property belonging to such city and county; for all street work on the water-front of such city and county, not by law assessable upon private property; for all work authorized by the said council, upon the recommendation of the superintendent of streets, as imme- diately essential for the safety of life, limb, or property, or necessary for public health, or which cannot be by law as- sessed upon private property, and for such other objects re- lating to streets and highways as shall be directed by law or said council to be paid therefrom. All moneys received from licenses on vehicles, from the income from street railroads, from fines and penalties for violation of any law or ordinance regulating vehicles on the public streets, shall be paid into the street-department fund. No payment of public funds unless authorized by law. See. 91. No payment can be made from the treasury or out of the public funds of such city, or city and county, unless the same be specifically authorized by law, nor unless the de- mand which is paid be duly audited, as in this chapter pro- vided, and that must appear upon the face of it. No demand upon the treasury shall be allowed by the auditor in favor of any person, officer, company, or corporation, in any manner indebted thereto without first deducting the amount of such indebtedness, nor to any person or officer having the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, approved, and allowed, as re- quired by law; nor in favor of any officer who shall have neglected to make his official returns or his reports, in writing, in the manner and at the time required by law, or by the reg- \ct 2348, |S 02, 93 MUNICIPAL, CORPORATIONS. «M illations established by the municipal council; nor to any offi- cer who shall have led to comply with any of the provisions of this or any other act of the legislature regu- lating tli> i offici r. on being required in writing t"> comply therewith by the president of the board of alder- . or any member of the finance oonuaittee of the munici jml council; "nor in favor of any o ffi e o i for the time he shall have absented himself without lawful cause, froaa the duties of his office, during the offiee hours prescribed in this ehapter; and the auditor may esaaaim any oilier receiving a salary from the treasury, on oath, touching such al- Definition of "audi- Sec. 92. The term "audited," as used In this chapter with refei pon the treasury, is to be understood [as] tlnir ha. d to and passed upon by OYery officer and board of officers, and finally allowed as required by law; am! this must appear upon the face of the paper repre- and, or else it is not audited. What demands to be audited. Sec. 93. Every demand opon the treasury, except the sal- ary of the auditor, and including the salary of the treasurer, must, bet. >re it can be paid, be presented to the auditor for such city, or city ami county, to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, ami whether the payment thereof from the treasury of such city and - authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word ''Allowed," \sith the aame of the fund out of which it is payable, with the date of such allowance, and si>;n his name thereto; but tho llu approval of the auditor, or the municipal coun- cil, or either branch thereof, or any board, committee, or offi- cer, of any demand which, upon the face of it, appears not to have been expressly made by law payable out of the treas- ury or fund to be charged therewith, shall afford no warrant to the tr< asurer or other disbursing officer for paying the same. No d«inand can be approved, allowed, audited, or paid, uuless CM MUNlCtf AL CORPORATIONS. Act 2348, § W it specify each se\eral item, date, and value composing it, and refer to the law, by title, date, and section, authorizing tha same. Demands of auditor, how allowed. Sec. 94. The demand of the auditor for his monthly salary shall be audited and allowed by the president of the board of aldermen. All other monthly demands on account of sal- aries, allowances, or compensations fixed by law or this act, and made payable out of the treasury of such city, or city and county, may be allowed by the auditor without any approval. All demands payable out of the school fund must, before they can be allowed by the auditor, or paid, be previously approved by the board of education, or by the president thereof, and superintendent of schools, acting under express authorization of said board. Demands for teachers' wages, or other ex- penses appertaining to any school, cannot be approved, allowed, or audited to any amount exceeding the share of school money which surth school will be entitled to have apportioned to it during the current fiscal year. All other lawful demands pay- able out of the treasury, or any public funds of such city, or city and county, and not hereinbefore in this section specified, must, before they can be allowed by the auditor in any man- ner, or recognized, or paid, be first approved by the municipal council, except, if the demand be under two hundred dollars, by the mayor and two members of the board of aldermen, appointed by the said board for that purpose, with power to act under and subject to its instructions and regulations dur- ing recess of the said board. The auditor must number and keep a record of all demands on the treasury allowed by him, showing the number, date, amount, and name of the original and present holder, on what account allowed, out of what fund payable, and, if previously approved, by what officer, officers, or board it has been so approved; and it shall be deemed a misdemeanor in office for the auditor to deliver any demand with his allowance thereon until this requisite shall have been complied with. Act 23«. J| 9i. 96 MUNICIPAL CORPORAL 04 Who may adinini-t* r oaths. Tin mayor, mayor's eWk, auditor, auditor's clerk, chief of polici . - inert, president of the board of education, eacb member of the municipal council, and ev< ry o1 - required by law or ordi- nance to allow, audit, or certify demands upon the " ury, or to perform an; Tidal act or function, shall have power to administer oaths and affirmations, and take and bear testimony, concerning any matter <>r thin.: eon- nv demand upon the treasury, <r city and county, individually, and on his official bond, for tin' amount of the demand so illegally approved, allowed, or paid. Bv< ry Citizen shall have the rigbt to inspect the books of the auditor. n taxy of the boaid of alder; and clerk of the house of assistant aldermen, at any time during business hours. ts from said b duly <". rtiti. d. shall be given by the officer having | in c U n demanding the same and paying tit'te. d i ' nts per folio of one hundred words for such CO] .I extracts. Payment of .• adlted demands. Sec. 96. l.very lawful demand upon the treasury, duly audited as in this chapter required, shall in all paid on presentation, and canceled, and try thereof be mad', if there be sufficient money in the treas- ury belonging to the fund out of which it is payable; but if there be not sufficient money belonging to said fund t'i pav such demand, then it shall be registered in a I i,, i,,. kept by th ■• treasurer for that purpose, showing i ta number, when presented, date, amount, name of the origi- 690 MUNICIPAL CORPORATIONS. .'c i nal holder, and on what acfount allowed, and out of •what fund payable, and being sc registered, shall be r*: urned to the party presenting it, with an indorse- ment of the word "Registered," dated and signed by the treasurer. Investigation of nonpayment of audited demands. Sec. 97. Whenever any audited demand has been pre- sented to the treasurer and not paid, and it be made known to the president of the board of aldermen, he shall pro- ceed immediately to investigate the cause for such non- payment, and if it be ascertained that the demand has been illegally ad fraudulently approved or allowed, he shall cause the officer guilty of such illegal and fraudulent approval or allowance to be suspended and proceeded against for misconduct in office. If he ascertains that the djm-'.nd has been duly audited and that the treasurer has funds applicable to the payment thereof, which, without reasi nable grounds for doubt as to the legality of such payment, he refuses to apply tiiereto, he shall proceed Dgainst him as a defaulter. If it bi ascertained that the demand was not paid for want of funds, then he shall cause the tax collector, or other officer or person who ought to have collected or to have paid the money into t treasury, if they have been grossly negligent therein, tn be proceeded against according to law and without de- lay. Receipts for money by all officers. Sec. 98. The treasurer, for all money received into the treasury, aud all other officers, of such city, or city and county, receiving money from the treasury for disburse- ment, shall give receipt for all moneys by them received, which receipt shall be presented to and countersigned by the auditor. The auditor, before countersigning any such receipt, shall number it and make an entry in a book of record to be kept in his office for that purpose, of the Act r«a. ; { w. 1 ft) hunmcit ions. ? v ' number, date, and amount, by whom and in whose favor giv< n, arid on l/hut aeoount. No such receipt shall be I as evidence in favor of the person or offleer receiv- it till pr litol and coir 1 as aforesaid; and any person or officer using or offering to ii«' iuen receipt as evidence in fnv r ; ri >n or ■ in it, ^ first I] forfi it tc si'i-h city. !,t of ie ailed in men - - • by the of the auditor, "r ~nch or city and - '"", in I f or r- fusal bo approve or allow any de- : .ri the treasury • rr pei power to authorize, allow, tract for, pay, ot render payable, and they are prohib- its] from authorizing, allowing sting, paying, or !it or future, in any unc month, any demand or demands, liability or liabilities, against treasury of BUCfa city, city and county, or tho funds thereof, which shall, i ■ , ,| one twelfth part of the run. unit allowed by laws existing at the time tract, authorization, allowance, payment or lia- bility, to !"• < tpended within tin fiscal year of which said month is a part: provided, however, that if, at the begin ning df any month, any money remains unexpended in any of the funds set apart for maintaining the municipal gov- ernment of BUCb city, or city and county, and which might lawfully have been expended ling month, such unexpended sum or sums may he carried forward and ex- - ■!■ r of the municipal council, for the same purpose allowed by 1»W in any succeeding month of the year. All contracts, authorizations, allowances, pay- Bd liabilities to pay. undo or attempted to be made, in Violation of ' in, shall be absolutely void, and shall in v. r b< th< foundation or basis of a claim against I I such city, or city and county; and an r city and county, aro hereby ftharged with notice of tho condition of tho treasury of r city, or city and county, ajid the extent of the claims against the same. ; Duties of certain officers under the one-twelfth law. It is the duty of the superintendent of streets to keep an i xe i account of all street and sewer work upon accepted StreetB, and it shall be the duty of the building committee to keep an account of all work done on alb public buildings and every other expenditure charge- Bible againsl the treasury in any of the departments under char I building committee and officers; and it is the duty of the superintendent of schools, the president of the board of education, the president of the board of ftrS commissioners, th< president of the board of election directors, the presidi at of the board of police commii aioners, and every other officer and board having i ,. 7J'j MUNICIPAL. CORPORATIONS. Act L'348, § 104 power to contract any demand, or to aid in the contraction of any demand, against said treasury, to keep an exact and full acr-ount of all purchases, expenditures, and lia- bilities made or contracted in their respective depart- ments; and for the purpose of making such accounts, said officers shall have power to demand and receive from every other city, or city and county, officer, detailed statements in writing, whni n< <•< ssary to keep said accounts, and it is hereby made the duty of any and all officers to furnish said statements when demanded; such accounts shall be constantly posted up to date, so that it can be known exactly at any time what part or proportion of the monthly sum allowed by this chapter and existing laws has been contracted for, paid, or rendered liable to pay in tin- present and future. Such accounts shall show every con- tract for street and sewer work, public buildings, pur- chases of material, or supplies, or other expenditure, in whatever department it is made, from its incipiency through the various stages of progress to completion, with the amount to be paid for the same so far as the same is capable of exact estimation, and when not, then a sworn estimate by the proper officer of the probable cost. Whenever, at any time, the contracts performed or unperformed, claims due or to become due, exceed said one-twelfth part of the amount that can be lawfully ex- pended out of any fund in the current fiscal year, th^ president of the board, head of department, or other officer or board having the supervision of such expenditure, shall give notice thereof in writing, as to his or their depart- ment, to the auditor and the treasurer, and to the munici- pal council a notice in writing, served upon the clerks of each branch thereof, and shall post the same in his or their office, from which time no further contracts shall be made or expenditures authorized or allowed, until such time has elapsed as will allow of further proceedings con- sistent with the provisions of the law. Penalty for noncompliance with law. Sec. 104. Any failure or neglect on the part of any of said officers or boards, or members of boards, to comply with any of the provisions of the preceding sections, shall render such officer, and each member of such board con- senting thereto, liable personally and upon his official bond to any contractor or other person suffering damage 1/ said failure or neglect; but such contractor or person Act 2348, J J 105. 106 MUNICIPAL CORPORAT! 704 damaged shall have no remedy against such city, or city and county, and the said officers or members of boards authorizing or aiding to authorize, auditing, or allowing any claim or demand upon or against said treasury, or any fund thereof, in contravention thereof, shall be liable in person and on his official bond b> the contractor or per- son damaged, to the extent of his loss. The treasurer pay- ing any claim authorized, allow, d. or audited in contraven- tion of the provision! thereof shall be liable on his official bond to refund the same to such city, or city and county, and it shall be the duty of the city, or city and county, at- torney to sue for the same, If nee. asary. eption to operation of one-twelfth law. 105. In ca.se of any great public calamity or dan- ger, such as earthquakes, -tilenee, inva- sion, insurrection, or other great and unforeseen esse? geney, the provisions of the thi ions may be temporarily suspended, as to any lawful contract, au- thorization, or expenditure io..--.iry to avert, mitigate, or relieve BUefa evil; provided, that such expenditure, contract, or authorization shall be pa.ss< d by the unani- mous vote of all memfr rs < looted or appointed to each house of the municipal council, and entered in the journals of each bonne, and the character and fact of such emer- gency must be recited in the ordinance authorizing such action; and such ordinance must be approved by the mayor, auditor, aud treasurer of such city, or city and county. Printing and advertising must be let to lowest bidder. Sec. 106. All city, or city and county, official printing and advertising, for all departments thereof, excepting that of the sheriff's office, shall be let by the municipal council, during the month of January of each year, to the lowest responsible bidder, printing, publishing, and proposing to advertise in a newspaper of general circulation in such city, or city and county, and that has been in existence at the time of the letting of said contract at least three years; and provided, th't any such newspaper may bid for the whole or any part of the advertising. The bids shall be opened by the board of aldermen, and all bidders may be present thereat. No bid shall be considered in which there ahal) b« any erasure or interlineation. A.L1 such contracts. ?C5 MUNICIPAL CORPORATIONS. Act 2348, §§ 107, 118 when awarded, shall be entered into and bonds taken by the clerk of the board of aldermen, in such sum" and con- taining such conditions as the board of aldermen shall pro- vide. Contracts, how made. Sec. 107. All contracts relating to city, or city and county, affairs shall be in writing, signed and executed in the name of the city, or city and county, by the officer authorized to make the same; and in cases not otherwise directed by the law, such contracts shall be made and entered into by the mayor. All contracts shall be coun- tersigned by the auditor, and registered, by number and dates, in his office, in a book to be kept by him for that purpose. In all cases of letting contracts to bidders, when for any reason a contract fails of completion, new bids shall be invited, opened, and awarded, as provided in this chapter in the first instance, until a sufficient contract is executed. In all cases when the board of aldermen have reason to think the prices too high, or that bidders have combined together to prevent genuine bidding, or for any reason that the public interests will be subserved, it may in its discretion, reject any and all bids, and cause the same to be readvertised. The provisions of this act, as to bids and contracts, shall be enforced by the municipal council by appropriate ordinances as to all bids, proposals, and contracts with such city, or city and county, or any department thereof. Article IV. — Executive Department. Qualifications and duties of mayor. Sec. 118. The mayor shall be the chief executive offi- cer; shall be a qualified voter, at least twenty-five years of age, and shall have been a citizen of the United States and of this state, and a resident in such city, or city and county, for three years. It shall be his duty vigilantly to observe the official conduct of all public officers of such city, or city and county, and to take note of the fidelity and exactitude, or the want thereof, with which they exe- cute their duties and obligations, especially in the collec- tion, custody, administration, and disbursement of the pub- lic funds and property, for which purpose the books, records, and official papers of all boards, officers, and magistrates of such city, or city and county, shall at all times be open to his inspection. He shall take especial . Geo. Laws — 15 Act 234S. 8 5 119- KM Mi \! li' \ 706 Spire ti Bee thai I ids of all 9uch officers are kt [■ legal and proper Coxmj ami any official dofalesr t i" n . oi willful i duty, or official misconduct, which In- may have discov red) or which shall have bees reported to him, shall at the earliest opportunity !"■ laid befi niinicipal council, and In ton- the grand jury, in order thai the public interests shall be protected and the offlci r in il< fanll b ' irding to law. llr shall, from time to tin the municipal coun- cil information relative to th such city, >t eity ami county, and shall recommend Bo their consideration sm-li he may .!< em expedient in the Inter- Of the City. He shall taki car.- that the laws of the Btate and the ordinance! oi the municipal council are en- forced. Mayor pro t« mpore. 11H. Whenever and BO l"ii^ as the mayor, from any unable tu perform bis official duties, the board uf all. rrm-n shall designate one of their Dumber us mayor pro t< mpore, who shall perform the same. S].. cial sessions of council. 120. The mayor may. by due notice, call - ■ us nt' the municipal council, and shall Bpecially state to tin in, whin assembled, the objects for which they have livened, and their actions shall be con- fined to such objects. Duties Of amlit'ir. 121. The auditor shall he the head of the finance ili part mint of such city, ur city ;iml county, and as such required to be constantly acquainted with tin- exact condi- tion of tin- treasury, ami every lawful demand upon it. He shall keep a public office, and give his persona] attend* ami there daily durin<,' tin- office hours fixed in this chap ti r, ami shall Dot follow or engage in any other occupa- tion or calling while he holds said office. If he abs< nta himself from his offici during such office hours, except on indispensable official basinesa or urgent necessity, he shall lose his salary tor the day; ami it shall be a* part of his official duty to keep account of the times and DCOSV si. uis when he shall he so absent from duty. He shall be tin- general accountant of auch city, or city ami county, and as such it shall lie his duty to receive and preserve in 1H1 MUNICIPAL CORPORATIONS. Act 23^8, § § 122, US hia office all accounts, books, vouchers, documents, and papers relating to the accounts or contracts of such city, or city and county; its debts, revenues, and other fiscal affairs, and to adopt a proper mode and manner cf double- entry bookkeeping, and keep the accounts of such city, or city and county, general and special, in a systematic and orderly manner. He shall state and render all accounts filed or kept in his office between the city and other per- sons or body corporate, except when otherwise ptavided by law or ordinance. He shall have power to administer oaths, and shall require settlements of accounts to be veri- fied by affidavit whenever he thinks proper. He shall be responsible for all acts of his employees. Duties of treasurer. Sec. 122. The treasurer of such city, or city and county, Bhall receive and safely keep in a secure fire-proof vault, to be prepared for that purpose, all moneys belonging to or which shall be paid into the treasury, and shall not loan, use, or deposit the same, or any part thereof, to or with any banker or other person, nor pay out any part of said moneys except on demand authorized by this chapter, and after they have been duly audited. He shall keep the key of said vault, and not suffer the same to be opened except in his presence. At the closing up of the same each day he shall take an account and enter in the proper book the exact amount of money on hand, and at the end of every month he shall make and publish a state- ment of all receipts into and payments from the treasury, and on what account. If he violates any of the provisions of this section he shall be considered a defaulter, and shall be deemed guilty of a misdemeanor in office, and be liable to removal, and shall be proceeded against accordingly. If he loan or deposit said moneys, or any part thereof, con- trary to the provisions of this section, or apply the same to his own use, or the use of any other person, in any manner whatsoever, or suffer the same to go out of his personal custody, except in payment of audited demands upon the treasury, he shall be deemed guilty of a felony, and on conviction thereof, shall suffer imprisonment in the state prison for a period not less than three months nor more than ten years. Duties of treasu-er. Sec. 123. The treasurer shall keep the money belonging to each fund separate and distinct, and shall in no case Act 23%S, }§ 124-126 MUNICIPAL CORPORATIONS. 70* amy demands chargeable against one fund out of moneys belonging to anotlu r, exeept as otherwise provided hi this chapter, without an express ordinance of the municipal council, which can only be made during or after the end of the third quarter of the fiscal y. ar. by a rote of two thirds of each house. The said treasurer ■kail give his personal attendance at his public office during the office hours fixed by this chapter, :in if ho be absent himself therefrom, exeept on aecounl ol - <>r urgent nei Mty during BUCh ulli<'«' hours, he shall lose his salary for tin- entire day ou which he was absent. Duties of county clerk. Bee. 124. The county clerk of such city and county shall take charge of and safely k'( p, or dispose of accord- ing to law, all books, papers, and records which are or may be filed or deposited in his office, and of all the courts Of which he is clerk; and he shall not allow any paper, (ih s, or records to have his custody, except when required by the judges of the courts, to be used by then or any of them. Original papers not to be produced in court except on subpoena. Sec. 125. No judge or officer of any court shall make Order for the' delivery by the county clerk of such city and county, of any paper, files, or records in his custody, epl hills of exceptions and ate on motion for a new trial; nor shall tin courts, or judges thereof, have any power to make orders for tin delivery of any certi- ficate of incorporation, bonds, or other papers filed with the said county clerk. Whenever ai id papers are required for evidenc< Ld any of the courts within such city and county, the county clerk, or his deputies, shall produce the same under subpoena or order of the court, -r furnish certified copies of the same on application, on payment to said clerk Cor Baid COpj at the rate of ten cotits per folio for each hundred words, which shall be paid into the city and county treasury by him. County clerk not to attend as witness outside of city, on- Less his exp( us, a are paid. g, ,. [26. Neither the county clerk nor any of his depu- ties shall be required to attend as witnesses, in I official capacities, outsid. of mi, I, city and county, except :09 MUNICIPAL CORPORATIONS. Act 2348, §§ 127, t^ in criminal cases, unless his expenses be paid at the rate of ten cents per mile to and from the place where he may be required, and three dollars a day for each day's attend- ance. A sufficient number of deputies shall be assigned by him as courtroom clerks to the various courts of which he is the official clerk, while such courts are in session, and to do duty in the office when such courts are not in ses- sion. He shall transfer such deputies to duty in court, or at his office, as the exigency of the service may require, so as to efficiently perform the work in the most economical manner possible. Fee for law library. Sec. 127. On the commencement in or removal to the superior court of such city and county of any civil action or proceeding, he shall collect from the plaintiff, or party instituting such proceeding or filing the first papers there- in, the sum of one dollar, and pay over the same at the end of each month to the treasurer of the law library provided for in this chapter; and the payment of the sum of one dollar shall be a condition precedent to the com- mencement of such action or proceeding, for which sum so required to be collected he and his sureties shall be re- sponsible on his official bond. Tax collector to be charged with moneys, etc., coming into his hands. Sec. 128. The tax collector, upon the final settlement to be made by him as such tax collector, according to the requirements of the law, shall be charged with, and shall pay into the hands of the treasurer, the full amount of all taxes paid to him under protest or otherwise, or by him collected and not previously paid over, without any deduction of commissions, fees, or otherwise; he shall also be charged with and be deemed debtor to the treasury for the full amount of all taxes due upon the delinquent list delivered to him for collection, unless it be made to appear that it was out of his power to collect the same by levy and sale of any property liable to be seized and sold therefor. If the impossibility to collect any portion of such delinquent taxes have resulted from such negli- gence or defects in such assessment caused by the willful misconduct of the assessor, then the assessor whose duty it was to make the assessment shall be liable and be deemed debtor to the treasury for the amount remaining \it>co)lectp<3 for thai- ftausc Act 2348, {J 12T>- 133 MUNICIPAL CORPORATIONS. 71 Kbction of assessor and his duties. Sec. 129. There shnll he elected by the qualified voters of such city, or city and county, at the general state 'ion. an assessor, who Shall take office on the first Monday after the first day of January next following his election, and hold for the term of four years, and until his successor is elected and qualified. Tt shall be his duty to assess all taxable property within sueh city, or city and county. Duty of sheriff. Sec. ISO. The sheriff shall attend in person, or by deputy, all the courts in and for sueh city and county, !'f the police court-. I!, shall Obey the lawful order-i :" .] directions of Buck courts, and in all other r< spects con- form to tlic laws regulating sheriffs in this state. ■ !' r. 131. The recorder of such city and county shall have tin' custody of all hooks, records, maps, and papers deposited in his office, lie. or his shier deputy, when any papers are presented for registration, or to be copied, shall writi margin of each paper ted the num- In r of folios paid for. and shall, in his monthly return to the treasurer, certify under oath the number of folios eoj.ii , I or r. LT ; st . r. d by each deputy or copyist appointed by him; and sueh certificate of the recorder or his chief deputy shall be conclusive evidence to authorize the audi- tor to audit suck certified accounts of such deputies or OOpyiBts monthly, lb' shall appoint as many copyists aa In shall di i m necessary to the proper discharge of the duties of his ofliee. who shall lie paid at the rate of twelve - per folio of one hundred words for all matters regis- ter d or copied by them respectively. Duties of district attorney. 132. The district attorney is the public prosecutor, and shall be an attorney of the supreme court, and shall attend the superior court of this state, in and for such city and county, and such otlu r courts as may be here- after established in and for the same, and conduct therein, mi behalf of the people, all prosecutions for public of- fenses. H, shall perform such other duties as are pre- scribed by law. Duties of city and county attorney. Sec. 133. The city, or city and county, attorney shall be an attorney of tke supreme court, and ahall prosecute 711 • MUNICIPAL CORPORATIONS. Act 2348, §§ 134-136 and defend all suits and actions at law and in equity, and conduct all legal proceedings, in the courts and elsewhere, necessary to preserve and protect such city's, or city and county's, rights, whether such suits or proceedings be con- ducted in the name of such city, or city and county, or in the name of others. He shall give legal advice to the city government, and all the officers, boards, and departments thereof, when required so to do, and perform such other duties as such attorney as the municipal council shall from time to time prescribe. He shall keep in his office well bound books of registry, in which shall be entered and kept a register of all actions, suits, and proceedings in which such city, or city and county, is interested. Each outgoing city, or city and county, attorney shall deliver such books and all other records, law reports, quarterly re- ports from municipal boards and officers, documents, statutes, papers, furniture, and property, in his possession, to his successor in office, who shall give him duplicate receipts therefor, one to be filed in the office of th: _rd : tor. and one to be retained by the outgoing city, or city and county, attorney. Public administrator. Sec. 134. The public administrator of such city, or city and county, shall be subject to the orders of the superior court in and for such city, or city and county, and shall perform all the duties prescribed by law. Duties of coroner. Sec. 135. The coroner of such city, or city and county, in addition to the duties imposed by law upon every coro- ner, shall keep a record of all inquests held by him, with a copy of all testimony and the inquisition of the jurors in full; and in case of loss of the original records, the same shall be admissible in evidence with like effect as the original would have been. He may appoint such deputies, and a messenger or messengers, as are allowed in this act, or as may be hereafter allowed by the municipal coun- cil of such city, or city and county. He shall receive no fees for any services rendered by him. Duties of superintendent of streets. Sec. 136. The superintendent of streets shall keep a public office, in some convenient place, to be designated by the municipal council. His office shall be kept open as in this chapter provided. He shall not, during his Act 2348, S i 137. 138 MUNICIPAL CORPORATIONS. 71J continuance in office, follow any other | - or call intr. hut shall l>e required to devote himself exclusively to the duties of his Raid office. ]!<• shnll have und< r his il charge thi ruction, repairing, and cleansing of all public sew rs, man-holes, sinks, drains, cesspools, and of t'n^ public highways, all places, and BquSJft the parks. It sliall be his duty to see that tin- laws, orders, and regulations relative to the public str. < its uq highways, alleys, plaees, and squares are carried into execution, and that tin penalties therefor are rigidlj prescribed by the municipal council, lie shall keep himself informed of the condition of all publi highways, alhys. pi: end squares; and should he fail to see that the laws, or- dinai regulations relating to the public highways, alleys, places, and squares are earned Into exe- ention, after notice from any citizen of a violation thereof, such sup' rintendi nt and i i shall be liable upon his official bond to any person injured in person or prop- erty by such official neglect. I of surveyor. Bee. 137. The city, or city and county, snrveyor shall be engineer-in-chief of such city, or city and county, and of tin jewel in; shall make all necessary plans, surveys, maps, and drawings, and other necessary things, and keep the same in his office; and all such maps, plans, machinery, and drawings shall be the property of such or city and county, and remain in the office, and be transferred by the outgoing to the incoming officer. He shall do all neeessary Surveying and engineering for the streets, alleys, highways, and squares, at tin of the municipal council, or of any committee appointed by eithei branch of th< and all or any other but ing and engineer [ingj work that such city, or city and aty, may require, and of the public parks, at the req of the park commissioners. Appointment of collector of licenses and his duties. Sec. 138. Within twenty days after their first meet- ing, the municipal council of such city, or city and county shall appoint a Buitable p< reon as collector of licenses of such City, or city and county, who shall hold office for two years from and after his appointment, and until his succes- sor sliall be appointt d and qualified. In I vacancy occurring by death or otherwise in the office of the col- 713 MUNICIPAL CORPORATIONS. Act 2348, § 139 lector of licenses of such city, or city and county, holding his office under the provisions of this chapter, the same shall be filled for the remainder of the unexpired term by appointment of the board of aldermen; and in case of the inability of said collector of licenses to act, his place shall, in the same manner, be temporarily filled until such dis- ability is removed. The collector of licenses and his depu- ties are hereby authorized, empowered, and required to collect all the municipal licenses now required to be col- lected, or whicb shall hereafter be required to be col- lected by them, or either of them; and it shall be the duty of said collector of licenses, and his deputies, or assistant collectors, to attend to the collection of licenses, and examine all places of business and persons liable to pay licenses, and to sec that licenses are taken out and paid for. They shall each have and exercise, in the per- formance of their official duties, the same powers as police officers in serving process or summons, and in making ar- rests; also shall each have and exercise the power to ad- minister such oaths and affirmations as shall be neces- sary in the discharge and exercise of their official duties; and they, and each of them, are hereby empowered to en- ter any place of business for which a license by law is pro- vided and required, free of charge, at their pleasure, and to demand the exhibition of any license for the current time from any person, or firm, or corporation engaged or employed in the transaction of any business for which a license is by law rendered necessary; and if such person, or firm, or corporation, or either of them, shall be unable, or refuse, or neglect, or fail, to then and there exhibit such license, he, she, or they, as the case may be, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished 'accordingly. License moneys. Sec. 139. The collector of licenses shall daily pay to the treasurer of such city, or city and county, all moneys so collected for licenses sold, or by him received as fees; and shall, under oath, at least once in each calendar month, and oftener when required so to do by the auditor, make to the auditor a report of all such licenses sold and on hand, and of all amounts so paid to the city, or city and county, treasurer; shall at such time exhibit to the audi- tor all unsold licenses in his hands, and the treasurer's receipts for all moneys paid into the treasury; and all Art 2548, § IK- MI'M'!I'\I. CORPORATIONS. 714 lieel I], etor, or >1. puty li ( them, shall br as valid as if <1 by the city, <>r city tmi county, treasurer. All fees I Shall be placd t.j tlu- iTi -< i i t of Um pi fund by the tr. eeurer. 1 1<\ The department 6f police of such city, or city unity, shrill consist of: Police con re, bos ippoti 1. A board of police ri>mni : f neb city, or city ami connt iting of five tnemb< of whom shall 1» a qualified roter, at l< ast thirty years of age, ami shall lav. 1.. . a a ci: the T'nit < -1 BUttdl ami of this ml county. f..r five y.ars n< : . n^r his appointment, four of whom shall I..- appointed !>;• pernor ami chief the - ourt of I alifornia, within thirty - ich city, or city ami county, under this act, and who shall hold office for the tana of lour \.ar> from anil after the ' lay next sue.-. .-1 -point in. nt. ami until tin ir succ tinted ami qualified; ami in the month next pr. ccdii expiration of thi aaid term, and every four ycai rnor and chief justice of the PUpr< ill a;. point their 1 1, who shall hold office for the term of tour years from and after the first Monday next* su of th.ir appoint- uunt; I. ut in making lintments, Che s .- 1 i . 1 govern- or and • -hi< t justice shall eleel two qualified persons from each of the two dominant national political parties. \'a iea that ma] occur in th< offi< f any of the mem- I., r-. ao appointed shall l>e filed by appointment by sai.l rnor and chief justice, of some suitable person >>f the political party as that to which the last incumbent belonged, and for the rrmainder of the vacant term only. The tour members appointed, as hereinbefore provided, shall meet in such city, or city ami county, on she first Monday • the date of their appointment, and shall forthwith organise by electing one of th.ir number president, BHti shall appoint the other member of said board, who shall be the chief <>f police of inch city, or city and county. Every member of said beard shah, • is upon the duties of his office, take and sub- n ' MtWICIPAL CORrORATIONS. Act 234S. § 140 6cribe the following oath or affirmation: "I do solcmnlv swear (or affirm, as tin- cas . that I will support the constitution of the United States and the constitution of the state of California; that I will faihfully discharge the duties of police commissioner according to the best of my ability; and that in the discharge of my duties T will make no appointment to, or removal from the police force for political or partisan reasons; and that I will, to the best of my ability, discharge the duties of said office im- partially and uninfluenced by political considerations, or any consideration other than that of the public good.'' Every member of said board who shall absent himself from such city, or city and county, for the continuous period of sixty days, shall, by force thereof, cease to be a police commissioner, and his office shall become vacant. No member of said board shall be eligible to any other office during his incumbency of the office of police commissioner. No memoer of said board shall, during his term of office, be a member of any convention, the purpose of which is to nominate candidates for office, nor act as a judge, in- spector, clerk, or officer of any election, or primary elec- tion, or take part in any election except to deposit his vote; nor shall any member of said board, directly or in- directly, influence, or attempt to influence or control, the political action of any member of the police force of such city, or city and county, or any employee of said depart- ment; nor shall any member of said board collect, or suffer to be collected, from any member or employee of said department, any assessment or contribution for politi- cal purposes. A violation of any of the provisions of this section shall be a misdemeanor, and shall be cause for the immediate removal from office of the person guilty of such violation. The said board shall hold sessions at least once a month in the office of chief of police, or in such other convenient place as the municipal council of such city, or city and county, shall designate, or, in case of emergency, at such place as it shall select, and the clerk of the chief of police, hereinafter provided for, shall act as clerk of said board. Every member of said board, and the clerk of said board, shall have power to administer oaths in all matters pertinent to the business of their respective offices, and in all investigations pending before said board, or any member thereof. The said board shall keep a rec- ord of its proceedings. The said board shall have power: , g 140 MUNICIPAL CORPORATIONS. TV Powers of board. 1. To appoint, suspend, or remove any person from the polic LCD city, or city and county; provided, however, that the chief of police shall only be removable in the rnanni r provided by law for the removal of other municipal < » tl 1 ■ • ibe ml. s. 2. To prescribe all needful rubs and regulations for the control, government, and discipline of said police force, and from time to time to :ilt. r or n peal the same, and - for the violation of any of them. Determine complaints. 3. To hear and summarily determine all complaints of misconduct, inefficiency, or other sharge against any mem- l>. r of said police force, and to take such action thereon as shall be OOndaeive to the maintenance of the discipline and efficiency of the same. Grant permits. t. To grant permits to all persons desiring to engage in the retail liquOT business in such city, or city and county, and to t f such permit whenever it shall be made to appear to said board that 'he retail liquor business of the person to whom such permit was given is conducted in a disorderly or improper manner, or whenever it shall be made to appear that the person to whom such permit was granted lias, after the grant of such permit, been con- victed iii the police or Other eotirt of such city, or city and county, of disorderly or improper conduct, or of the commission of any criminal offense upon the pren whereon such retail liquor business is conducted; pro- vided, however, that whenever said board refuses to grant such permit, or proposes to revoke such pi rait, the per- son who is r< tusi d such permit or whose permit is proposed to be revoked, shall be entitled to be heard before said board in person or through counsel, and to have free of charge all reasonable facilities lor the full, fair, and impartial I in£ on the merits of ins application or opposition. In such permit shall be distinctly stated and described the name of the person to whom the same is given, and the premises on which 8uch retail business is proposed to be carried on. 717 MUNICIPAL CORPORATIONS. Act 2348, § 140 Appoint special officers. 5. Upon the petition of any person, firm, or corporation, to appoint a special officer to do special service to be paid for by such person, firm, or corporation, specifying the bound- ary or locality at or within which he is to act as such special officer, which boundary or locality shall be described in his warrant of appointment; provided, that no special officer, shall be appointed to act in any part of such city, or city and county, commonly known as the Chinese quarter; and provided further, that all special officers shall report daily to the chief of police, and be subject to his orders in case of emergency; and in no event shall such officers be paid by such city, or city and county. Badge. 6. To prescribe the badge of office and uniform to be worn by all members of the police force, and the badge of office to be worn by all special officers. Contingent expenses. 7. To allow and order paid out of the police contingent fund, for contingent expenses, any and all orders signed by the chief of police; provided, that the aggregate of such orders shall not exceed the sum of seven thousand two hun- dred dollars a year, which sum shall be set apart annually in the treasury of said city and county for this purpose. Appoint substitutes. 8. To appoint substitutes, not to exceed four per cent of the police force, to serve under such regulations, and subject to such restrictions, as it may prescribe, and without pay from such city, or city and county. Issue subpoenas, etc. 9. To issue subpoenas, tested in the name of its president, and to gnforee obedience thereto, and punish disobedience thereof, in the same manner and to the like extent as the jus- tices ' court of such city, or city and county; and to exercise the same powers as the said justices' court in preserving de- corum in all open sessions of said board, and to punish any contempt committed thereat. Designate prisons. 10. To designate the prisons to be used for the reception of all persons arrested, convicted, or sentenced for public of- Act 2MB, 5 1*0 MUNICIPAL roRPOUATTONS. tU fensee in eases not provided for by law or by ordinance; to establish - -.. or substations ami r neglect of duty, or violation of the rules of the board. or neglect of or disobedience of orders, or incapacity, or absence without leave, or any couduct in- jurious tn the public peace or welfare, or other breach of dis- cipline, or immoral conduct, or any conduct unbecoming an officer, to punish the offending part by reprimand, forfeiting and withholding pay foT a s] ial time, Buspension, or .lis- ial from the force; all such fines shall be immediately paid into the treasury to tin- credit of the police life and health insurance fund; Warrant of appoint □ 12. To issue to every member of the police force a prop- er warrant si appoint! mad by the president ami conn i>\ the clerk of tin- baud, wliich warrant shall contain the date of bis appointment and his rank. Supplies, 13. To make requisition on the municipal council of such city, or city and county, for all Bupplies or aecessaries that may lie required in the administration of the department; provided, thai the aggi f the Bams, exclusive of salaries, shall not, in any on.- lL>eul \ear, exceed the sum Of five thousand dollars. Report, when made. 14. To annually, on or before the first day of August, re- port to the municipal council an \- of four thousand dollars per annum, payable monthly, at the end of each and every month. Captains of police, how appoin' 3. Six crip' ins of police, who shall be appointed bv the board of police commissioners from the members of the police force, who •,,,] to such duty, and who shrill bi to such rubs and r< ^illations, as the chief of police shall prescribe. They shall receive a salary of two hundred dollars per month each, payable monthly, at the end of each and every month. Police officers, their qualifications, powers, and duties. 4. As many police officers, not exceeding five hundred, as the board of police con rs may determine to be necessary, to be appoints! by said board: but it shad be the duty of sn i .1 hoard, on its first organization, to appoint as members of the police force the members of the police force, if any, then in service, unless such members be in- competent or incapable to serve. Every person applying for appointment to said police force, unless he be a member of the police force then existing in such city, or city, and county, shall produce and file with the said board a certificate, signed by not less than twelve free- holders and qualified voters of the smallest political subdi- vision of such city, or city anil county, stating that they have been personally and well acquainted with the ap- plicant for one year or more next preceding the appli- cation, and that the applicant is of good repute for honesty and sobriety, and they believe him to be, in all respects, competent and fit for the office. All such certificates shall be preserved in the office of said board, and shall not be returned to the applicant. Every appointee to said police force must be a citizen of the United States and of this state, able to read an." write the English language, and a resident of such city, or city and county, at least five years previous to his appointment, except such member of said police force as may be in service at the time of the 723 MUNICIPAL CORPORATIONS. Act 2348, § 140 organization of said board; every appointee shall not be less than twenty-five nor more than forty years of age, and not less than five fleet and seven inches in height, and shall, after his nomination, and before his appoint- ment, pass a thorough examination by the surgeon of police, or by any physician appointed by said board, and be found on sucb examination to be sound in health, and to possess the physical qualifications required for recruits for the United States army. The police officers, in subjec- tion to the rules and regulations of the said board, to the orders of the respective captains, and under the general direction of the chief of police, shall be prompt and vigi- lant in the detection of crime, the arrest of public offend- ers, the suppression of all riots, frays, duels, and disturb- ances of the public peace, the execution of process from the police court in causing the abatement of public nui- sances, and the enforcement of the laws and regulations of the police. They shall, as soon as practicable, upon an arrest, under penalty of dismissal from the force, or of a fine of not more than one hundred dollars, or of both, at the discretion of the board, convey in person the offender before the nearest sicting magistrate. If the arrest ia made during the hours that the magistrate does not regu- larly hold court, or if the magistrate is not holding court, such offender may be detained in a station-house until tne next public sitting of the magistrate, and no longer, unless discharged on bail, according to law. No member of the police force shall be eligible to any other office while a member of such force, nor shall he take any part whatever in any convention held for the purposes of a political party; nor shall he be a member of any politi- cal club; nor shall he be allowed to interfere with politics on the day of election, or at any time while employed on said force, except to cast his vote. No member of said police force while on duty shall enter into any liquor- saloon, bar-room, or place where liquors are retailed, ex- cept when necessary in the discharge of his duties, on penalty of reprimand, fine, suspension, or removal from office. No member of the police force shall devote his time to any other profession or calling, become bail for any person charged with any offense whatever, solicit counsel or attorneys for prisoners, receive any present or reward for official services rendered, or to be rendered, unless with the knowledge and approbation of a majority of said board; such approbation to be given in writing and certified by the Act 2348, 8 1« MUNICIPAL CORPORATIONS, TU clerk of said board. Pofiee officers who shall bo ■elected to act of police, and police officers who shall b< shall each reeeiv< a salary of one bandied and twenty-five dol- lars per month, payable monthly, at the end of each and ry month. The police officer who shall he selected to act a* cleric to the chief of police, and the police officer shall l" ■ proper t y elerk, shall each tatty of one hundred and fifty dollars par month, payable monthly, at the end of • a.-h ami every montli. All other - -shall each receive a salary of oil' 1 hundred and two dollars pet month, payable month- ly, at the end of each and e very month; provided, that the rarer of such city, or city and c.unty, is hereby au- thor i retain from the salary of each id poliee force two dollars from every month's ry, to In- paid into the fund of tin police life and md herein mentioned. Surgeon of police, nnd his duties. i, of police, whose duty it shall he to attend •■•id< nt ■■• - at the several police stations, to attend all officers who may he taken sick or in- jured in the discharge of their duty, nine all appli- cants for appointment on the poliee force, and to perform such Other .luti.s as tin- hoard of police commissioners from time to time presence. He shall be appo'r by the said board, and shall hold office during its pleasure, but he shall not lie n moved without just cause. He shall ■ salary of two hundred doIlarB per month, pay- able monthly, at the end of each and every month. Fire commissioners, how appointed and term of office. . 141. There shall be a board of fire commissioners ■ •li city, or city and county, consist ing of five pen me qualifications o iity as arc herein pneaeribed for the members of the hoard of alder- nun, who shall be appointed by the mayor, with the ad- vice of the board of alderm ihaJQ hold office for tho term of four ind after the time of their ap- pointment, and oo more than three of whom shall belong to the same national political party; provided, that the lire commissioners now acting as such in such city, or and county, shall continue to hold their respective of- 7J5 MUNICIPAL CORPORATIONS. Act 2348, § 142 fices until the expiration of the term for which they may have been respectively elected or appointed. Powers and duties of fire commissioners. Sec. 142. The said board of fire commissioners shall supervise and control said fire department, its officers, members, and employees, subject to the laws governing the same, and shall see that the offices, members, and em- ployees thereof faithfully discharge their duties, and that the laws, orders, and regulations relating thereto are carried into operation and effect. They shall not, nor shall either of them, or the chief engineer, or assistant chief en- gineer, or assistant engineers, of said fire department, be interested in any contracts pertaining in any manner to said fire department, or the sale, furnishing of apparatus, or supplies for the same; and all contracts in violation of this section are declared void, and any of said per- sons violating the provisions of this section shall be deemed guilty of misdemeanor, and upon conviction, shall be punished accordingly. The municipal council of such city, or city and county, shall have power to contract and provide for all cisterns, hydrants, apparatus, horses, sup- plies, engine, hose and hook-and-ladder houses, and all alterations and repairs required; and said board of fire commissioners shall supervise all contracts awarded, and work done for the said fire department, and shall see that all contracts awarded and work done are faithfully per- formed. The said board of fire commissioners shall hav^ power to prescribe the duties of the officers, members, and employees of said fire department, and to adopt rules and regulations for the management and discipline there- of; and a majority of them shall certify to the correct- ness of all claims and demands before the same shall be paid. And the municipal council is authorized and re- quired to provide and furnish for the use of the board of fire commissioners a suitable room or rooms in some of the buildings of such city, or city and county, to serve as an office for their meetings and the transaction of business relating to said fire department, in which their elerk, janitor, and messenger shall be in attendance daily during office hours. The chief engineer, assistant chief en- gineer, and assistant engineer[s] of said department shall also make it their headquarters daily during office hours, when not otherwise engaged in offieial duties. And the said municipal council shall furnish the chief engineer, and also the assistant chief engineer and assistant engi- neers hereinafter mentioned, with a horse and buggy, and shall provide for keeping the same. Act 2348, } 143-116 MUNCIPAL I 756 Officers of fire department. s. •. i : ifficera of the firr department of such city, or eity and county, shall be: 1. Pii mmissioners, to be appointed aa aforeaaidj 2. One chief nt ehi( f ( Dgineer; 4. Four assistant engini 5. One ■uperintendent of steam fin -engines. liemberi and employees of fire department. 8cc. Ml. The member! ancl employees of said fire de- partment shall be: 1. o mt superintendent of steam fin 2. One clerk and t for the corporation j 3. One corporation yard drayman; 4. One night watchman of corporation yard; 5. Two hydrant mm; 6. One vi terinary surg 7. One foreman of each company; 8. One engineei for each steam fire-engine; 9. One aub8tit i r and machinist; 10. < me n«' carpenter; 13. One tillerman for each hook-and-ladder company; 14. <>iir steward for each hose company; 15. One janitor and messenger; 16. One clerk. : members of department to give entire time to duties. 145. All paid members of said fire departmei eepl thf veterinary surgeon, foreman, foreman, eompany clerks, hosemen, book-and-ladder-men, and st ards of volunteer companies shall give t In ir undivi attention to their respective duties, l>ut the fori sistant ton man, company clerks, hosem< n, and hook-and ladder-men, and stewards of volunteer eompanii perform such duties .i> may be pr irom tim. tn tune l>y said board of lire commissioners and ordered to be executed by thi agineer. Certain officers, how appointed. Sec. 146. The chief engineer, the assistant chief necr, the superintendent of steam lir. engii 727 MUNICIPAL CORPORATIONS. Act 2348, § § 147, 14S ant engineers, the clerk, and all members and employees of the fire department, shall be appointed by the fire com- missioners, and retain their positions during good be- havior; and it shall be the duty of such fire commissioners, on their first organization under this act, to appoint as members thereof the officers and members of any fire department which shall be in service in any such city, or city and county, at the time of its organization under this act. No officer, member, or employee of said fire department shall be removed for political reasons. Fire department to consist of what. Sec. 147. The fire department of such city, or city or county, shall consist of such engine, hook-and-ladder, and hose companies as shall be recommended by the board of fire commissioners, and determined by the municipal coun- cil necessary to afford protection against fire; provided, that as an auxiliary thereto patent fire-extinguishers may also be purchased and employed; if, in the judgment of said board, deemed advisable; provided, that no hand- engine shall be purchased for the use of said department, but such as shall be in possession of such city, or city and county, prior to its organization under this act, may be used in such localities and under such regulations as the board of fire commissioners may prescribe. The com- panies of said department shall be organized as follows: Each steam fire-engine company shall consist of (1) one foreman, one (1) engineer, one (1) driver, one (1) fire- man, and eight (8) hosemen; one (1) of whom shall aet as assistant foreman, and one (1) as clerk. Each hook-and- laddcr company shall consist of one (1) foreman, one (1) driver, one (1) tillerman, and twelve (12) hook-and-ladder men; one (1) of whom shall act as assistant foreman, and one (1) as clerk. Each hose company shall consist of one (1) foreman, one (1) driver, and one (1) steward, and six (6) hosemen; one (1) of whom shall act as assistant fore- man, and one (1) as clerk. Duties of chief engineer. Sec. 148. The chief engineer shall be the executive offi- cer of said fire department, and it shall be his duty (and that of the assistant chief engineer and assistant en- gineers) to see that the laws, orders, rules, and regula- tions concerning the same are carried into effect, and also to attend to such duties as fire wardens as may be re- quired, and to see that all laws, orders, and regulations established in such city, or city and county, to secure Act 23«. §5 1: P«>t( L It shall also bC the duty of \h> ehi< I ■ to t aforca the rubs anall perform t ii • ■ duties of clerk to said board and d and shall perform such otlur duties from time to tine- as said board may prescribe. The clerk and Btor< keeper for the corporation yard shall, Be- ring upon his duties, furnish a band in the BU.S3 oi t. 11 thousand £10,000) dollars, to be approved in the same manmr as the bond provided for in this section, to be given by tin clerk of said board of fire commissioners, and filed with lin auditor. Property of department, how sold. Sec. 150. The mayor of Bud city, or city and county, upon the recommendation of the board of fire commis- sioners, with the approval of the municipal council, m au- 7M MUNICIPAL CORPORATIONS. 'Act 2348. §§ 151-153 thorized to sell at private or public sale from time to time any or all of the engines, hose-carriagos, engine-houses, lots on which such houses stand, or parts of lots (or to exchange any of said lots, when in their judgment demanded by the public good), or other property which shall not be re- quired for the use of the department, and to execute, ac- knowledge, and deliver good and sufficient deeds or bills of sale for the same, paying the proceeds of such sales into the county treasury, to the credit of the proper fund. Appropriation for purchase of horses, supplies, etc. Sec. 151. The municipal council of such city, or city and county, is hereby authorized and required to appropri- ate, allow, and order paid annually out of the general fund of such city, or city and county, the salaries hereinafter specified and allowed, and salaries at similar rates to the several officers and men of any additional companies cre- ated as aforesaid, and the municipal council is required to appropriate, allow, and order paid, out of the general fund, a sum not to exceed eighty thousand ($80,000) dollars annually for running expenses, horse-feed, repairs to ap- paratus, and for the construction and erection of cisterns and hydrants, and for the erection and repair of build- ings, and other expenses of the fire department. To ap- propriate a sum not to exceed thirty thousand ($30,000) dollars for the purchase of horses and apparatus for the fire department. Allowance to disabled member. Sec. 152. Whenever a member of the paid fire depart- ment of such city, or city and county, shall become dis- abled by reason of injuries received at any fire, so as to be unable to perform his duties, the municipal council, upon the recommendation of the board of fire commissioners, is hereby authorized and empowered to allow said disabled man a sum not exceeding fifty ($50) dollars per month for not to exceed three (3) months, payable out of the general fund of such city, or city and county, in the same manner and form as other payments are made out of said fund. "Fireman's Charitable Fund." Sec. 153. The municipal council shall provide, by ordi- nance, for the payment into a "Fireman's Charitable Fund" of such city, or city and county, of all moneys re- Act 234$. U lC-MCt, MCNK'lpAl. . j^ ceivcd for licenses for tin ,'e of gun-powder, blasting-] otton, fire-works, i glycerin, dualine, or any • i or compounds, or as a municipal tax Q] in the police court, for vh I fire ordinances. Said fund shrill be under the direction and control of and ■ to such regal may be prescribed by the board of fire commissioners. wit foreman and clerk. 154. The chief engineer shall have power I point one 'in mix r of i aefa company I man; also, one member to act as clerk; ik to re- ) dollan l" r month extra pay. Organization of board and time of i L55. The fire commissioners shall board immediately upon their app the first Monday after th< ■ ol January of sash and every year thereafter, by selecting one ol their number as president and they shall meet at Least once in ■ month publicly at tin ir ol transact tin I" said fire department; and, in addition bo the st.-r ings, they shall meel twice in each month for the purpose of invesl linst officers, members, and em* ployeee of said department for violal : I the rules and regulations thereof; and shall hold Buck int. ■ I,, y shall deem D to 1 he prOp< r ad- ministration of the fire department. rson shall be eligible to any position in said department who is QOi citi/. United States, or a resident of Buch city, or city and county, at hast two years, uor under twenty-one (21) years of age at the time of his appointment Investigations, how conducted. S. c. 16ft. In all investigations for violation of the rales and regulations of the fire department, the president oi board of tire commissioners shall hat subpoenas, and administer . I the attend- ance of witnesses before him by attachment or others All Bubpoenas y him shall be in ineh form as he may prescribe, and sli.ill b or by any peace officer oi Buch city, and county. Any person who refuses to att< to such subpoenas shall be deemed guilty ipt 731 MUNICIPAL CORPORATIONS. Act 2348 §§ and be punished by him as in cases of contempt in justices' court in civil cases. Members, how dismissed. Sec. 157. No officer, member, or employee of the fire department shall be dismissed unless for cause, nor until after a trial. The accused shall be furnished with a writ- ten copy of the charges against him at least five (5) days previous to the day of trial, and he shall have an oppor- tunity to examine witnesses in his behalf, and all wit- nesses shall be examined under oath, and all trials shall be public. Workshop at corporation yard. Sec. 158. The municipal council of such city and county is hereby authorized and empowered to establish and main- tain at the corporation yard a workshop for making re- pairs and improvements upon the apparatus of the fire department, and such workshop and such repairs and im- provements to be under the supervision of the board of fire commissioners, and the municipal council shall allow and order paid, out of the proper fund, all the expenses of such workshops, repairs, and improvements. Restrictions on members. Sec. 159. No member of said board of fire commission- ers shall, during his term of office, be a member of any party convention, the purpose of which is to nominate can- didates for political office, nor shall the officers, members, or employees of said fire department take any part what- ever in any partisan convention, held for the purposes of a political party; nor shall any member of the said board of fire commissioners, directly or indirectly, attempt to con- trol or influence the action of any member of said fire department, or any employee thereof, in any primary or general election. No member of the fire department shall levy, collect, or pay any amount of money as an assess- ment or contribution for political purposes. Any violation of the foregoing provisions of this section shall be deemed a misdemeanor. Salaries of officers of fire department: Sec. 160. The salaries of the officers of the fire depart- ment shall be paid in monthly installments, and as fol- lows: A.ct 234S. J ISO * 1 ; 1. The Balary of the fin - - l thou- Band two hundred dullara p< r annum; 2. The Balary of the ehiei ■ ■'■ be f<>ui sand dollars per annum; 3. The Balary of tb< nt ehref i si ill 1" ad tour hundred dollars p< r annum; •1. Th( shall ' aeh he one thousand eight hundred dolta duto; The salary of tli> fines shall lie two thousand four hundred dollars per aanwm Salaries of employees of fire departs 161. The Si of tiir fire department ahaJl be paid in monthly instali- ■.vs: 1. Ti strain tin- ae thousand six hundred and eighty dol- lars j.« r anniiin; 2. Tiic ssdar ihs cor- i shall !>• ISand five hun.lre.l .1. ]■! r annus; 3. The .salary of the corporation yard drayman shall |(J one thousand and eighty dollars per annum; 4. The Balarj of the night watchman for the corpora- tion yard shall be nine hundred io liars per annum; Phi salary of the two bydrantmen shall be one thou sand and i . Dars per annum eaeh; salary of the veterinary Burgeon shall be on-' thousand two hundn d dollars per annum; 7. The salary of the foreman of each company shall b tndred and forty dollars per annum; 8. The salary of the engineer fas i company shall be one thousand six huudn d and elf dollars per annum; 9. The salary of the vcterii >.n shall be one shall be one thousand six hundred and eighty dollars p< r annum; 10. The salary of the driver for each company shall be thousand and eighty dollars per annum; 11. The salary of the fireman for each steam fire com- 1 be one thousand and eight} dollars per annum; PJ. The salary of the carpenter ft* said department shall be one thousand two hundred dollars p> r annum; W MUNICIPAL CORPORATIONS. Act 2348, § § 162, 163 13. The salary of the tillerman for each hook-and-ladder company shall be one thousand and eighty dollars per annum; 14. The salary of the steward for each hose company shall be nine hundred and sixty dollars per annum; 15. The salary of each hoseman and each hook-and-lad- der man shall be four hundred and eighty dollars per annum; 16. The salary of the janitor and messenger shall be one thousand two hundred dollars per annum; 17. The salary of the clerk of the board of fire com- missioners shall be one thousand eight hundred dollars per annum. Fire alarm and police telegraph. Sec. 162. There shall be maintained and provided for by the municipal council in such city, or city and county, a fire-alarm and police telegraph for municipal use, and the superintendent thereof shall be appointed by the board of fire commissioners, to serve during its pleasure, except that he shall not be removed for political causes, reasons, or purposes. Said superintendent is authorized to appoint the following officers and employees: One chief operator, three operators, one repairer, two assistant repairers, and one batteryman. It shall be the duty of such board, on their first organization under this act, to appoint as officers and employees thereof the officers and employees of any fire-alarm and police telegraph which shall be in service in such city, or city and county, at the time of its organiza- tion under this act. Salaries of officers of fire-alarm, etc. Sec. 163. The salaries of the officers of said fire-alarm and police telegraph shall be paid in monthly installments, and as follows: 1. The salary of the superintendent shall be two thou- sand four hundred dollars per annum; 2. The salary of the chief operator shall be one thou- sand eight hundred dollars per annum; 3. The salary of each of the three operators herein provided for shall be one thousand five hundred dollars per annum; 4. The salary of the repairer shall be one thousand two hundred dollars per annum; MfNICIPAL CORPORATIONS. 134 ich of tie --ant r« pairers here- in |.r.'\ i'li il for shrill bo one thousand and eighty dollars ]•' i annum; 6. The salary of the batteryman shall be nine hundred dollars per annum. A ppropriation. Sec. 164. The municipal council shall appropriate such sum as may be ii g fifteen thousand dollar- pi r annum, for the maintc nan.e, repair, ami exten- sion of !;i ph, and to defray tl of instru- menta and m md for such horses and ve- bielea as may be m ceseary for the use of Baid superintend- ent. . of health, how eonetil 185. Then shall be a board of health for such city, or City ami COanty, which 1 ■• i.-inl shall consist of the mayor of the city and county, and five physicians in good standing, residing in sneb city, or city and county, who shall be appoint' d by the governor, and who shall hold ■-. and until their successors are appointed and qualified; and in case any vacancy shall at any time occur in said board by removal, or resigna- tion, or otherwise, the same shall be filled by appointment by the goven Mi> tings. See. 1G6. The mayor of such city, or city and county, shall be presidt al I of health, and in his al any meeting, the board may elect a chair- man, who snail, for the time, si-th all the power nl th e | Said board shall hold a regular meeting a t least in each month, and at other tinus, when lident, or by a majority of the board. Jurisdiction of board of health. Sec. 157. Said board of health is hereby invested with general jurisdiction over all matters appertaining to the sanitary condition of such city, or city and county, and over all quarantine regulations and the enforcement ther and hospitals and aln . and all municipal institu- tion- and maintained for charitable purposes 735 MUNICIPAL CORPORATIONS. Act 2348, § § 168, 1G9 and not herein enumerated, within the corporate limits of such city, or city and county, and adopt such orders and regulations as may be necessary to the complete exercise of the powers hereinbefore enumerated-, and may appoint or discharge such attendants and employees as may seem best to promote the public welfare. Salary. Sec. 168. The members of said board of health shall receive no salary. Salaries of officers appointed by board of health. Sec. 169. Said board of health shall have power to ap- point the following officers and employees, who shall re- ceive the salaries hereinafter provided, payable in monthly installments at the end of each month, viz.: 1. One health officer, who shall be the executive officer of said board, at a salary of two thousand four hundred dollars per annum; 2. One quarantine officer, at a salary of one thousand eight hundred dollars per annum; 3. One secretary, at a salary of two thousand four hun- dred dollars per annum; 4. Six health inspectors and one market inspector, at a salary of oue thousand two hundred dollars per annum each; one messenger at nine hundred dollars per annum; 5. One superintendent of the city, or city and county, hospital, who shall be a physician and graduate of some medical college in good standing, at a salary of two thou- sand four hundred dollars per annum; 6. One resident hospital physician, at a salary of one thousand five hundred dollars per annum; 7. One hospital steward, at a salary of one thousand two hundred dollars per annum; 8. One hospital matron, at a salary of nine hundred dollars per annum; 9. One hospital apothecary, at a salary of one thousand two hundred dollars per annum; 10. One hospital engineer, at a salary of nine hundred dollars per annum; 11. Two physicians and two surgeons, to be selected from the faculty of the medical department of the Uni- versity of California, and two physicians and two sur- geons to be selected from the faculty of the Pacific Medi- cal College, at such salary as the board of health may des- Act 2348. 5 1 170. 171 MINICIPAL CORPORATIONS. 7M ignate, not to exe< cd one thousand two hundred dollars each per annum, as visiting physicians and surgeons to the city, or city and county, hospital; 12. One ahi superintendent, at a salary of two thousand tour hundred dollars per annum; 13. One r< <'<]i nt alms-honsc physician, at a snlary of one thousand five hundred dollars per annum; It. One alms-house matron, at a salary of seven hundred and twenty dollars p«*r annum; 15. One city physician, at a salarv not to exceed one thousand eight hundred dollars per annum; 16. < >ne assistant city physician for the industrial school and house of corn Ction, at a salary of one thousand two hundred dollars per annum; 17. One fir«t cook, at a salary of sixty dollars per month; IS. On" second cook, at a salary of thirty-five dollars per month; 19. One third cook, at a salarv of thirty dollars per month ; 2". One baker, at a salary of seventy five dollars per month ; 81. One clerk, at a salary of forty dollars per month; 22. One interpreter, at a salary of forty dollars per month ; 23. Onp ambulance driver, at a salary of forty dollars per month : 21. Sixteen nurses, at a salary of thirty five dollars each. Appointing power. 170. The appointing power of all and erery of the aforesaid offl employee! is vested solely in said board of health, and said 1- >:trd shall have j.ow.-r to pre- scribe the duties of every and all of said officers and em- ployees, and to remove the same at pleasure; and said board of health is hereby empowered to employ such addi- tional employees as may be necessary to carry out the pur- poses of this act, at such compensations as said board of health may fix. Salaries, how paid. Sec. 171. The salaries of the officers and employees of said board of health, and all other expenses legally in- curred by said board under the provisions of this chap- ter, shall be payable out of the general fund of the treasury m MUNICIPAL CORPORATIONS. Act 2348, § 1ft of such city, or city and county; and the auditor of such city, or city and county, is hereby directed to audit all such demands, and the treasurer of such city, or city and county, is hereby directed to pay the same out of said general fund. The said board of health shall, annually, upon the third Monday of April of each year, transmit, in writing, to the municipal council of such city, or city and county, an estimate of the amount of money necessary to defray all of the expenditures of said board of health for the next fiscal year; and the board of health shall not expend, in any one fiscal year; an amount exceeding the amount of such estimate so transmitted by said board of health for such fiscal year, allowed upon such estimate by the municipal council, except in case of an epidemic of any contagious disease, when such board of health is here- by authorized to increase such expense as may be deemed necessary for the public safety; and all such expenses shall be payable out of the general fund of such city, or city and county, at the same time and in the same manner provided for other expenses of said board. Nothing in this act shall be construed to authorize said board of health to contract for or purchase supplies for any of the charitable institutions placed under its control by this chapter. All contracts for any of the work authorized by this chapter to be caused to be performed by said board of health shall be awarded by said board to the lowest responsible bidder, after notice, for not less than five days, in two daily news- papers published in such city, or city and county, under such regulations and requirements as said board of health may adopt. Eestrictions on officers. Sec. 172. It shall not be lawful for any superintendent, or other principal officer in charge of any alms-house in such city, or city and county, to have or receive any per- quisites, or to derive any income or revenue therefrom, either directly or indirectly, other than the salary allowed to him by the board of' health; nor shall it be allowable tor any subordinate officer or employee to have or receive any perquisites, either directly or indirectly; and it shall be the duty of the board of health to remove any such su- perintendent, or other principal officer, or any subordinate officer or employee who violates any provision of this section. All fees authorized by any of the provisions of Gen. LawB — 47 a . §5 1V3-17." Ml' "KrORATIONS. W8 this chapter, to be collected by any offices or employee of tin board of health, shall be immediately paid by such officer or seen tary of said board of health, Vrho shall, upon the first Mondav tft Bach month, pay the pari), into the treasury of such city, or city and county, to be cr< dited to the proper fund. rt of shi ; f contagious diseases. Bee. 173. Bhipmastcrs bi • into the harbor of any such City, i :nty, and all masters, own- or consign) es ha i Is in Buch harbor, which have on board any en pa, small BOX, yel- low. typhus, ship feTer, or any other contagious disease, must report the same, in writing, to the quarantine officer before land' oraing to any wharf, or as ereafter as they, or either of them, ■ me aware of the existence of either of these diseases on b ard of their Restrictions on shipmasters, etc. 174. No captain or other officer in command of any tiling mi'li r a register, arriving at the port of any such city, or city and Bounty, nor any own. r. consignee, agent, or other person having charge of such r eauoi , must, l.n.hr a penalty of nol leas than one hundred dollars nor more than on. thousand dollars, land, or permit to bi landed, freight, passengers, or other persons from such vest until he has reported to the quarantine officer, presented his bill of health, and received a permit from that officer to land freight, rs, and other persona. Duty of pilot. ry pilot who conducts into the port of any such city, or city and county, any v. vd subject to quar- antine, or examination by the quarantine officer, must: 1. Bring I he \ i aael no nearer Buck city, or city and county, than is allowed by law; 2. Prevent any pi rson from leaving BUCh v. ssi'l, and any communication being made with the vessel under his charge, until the quaranti i has boarded her and gives the jary orders and directions; ::. Bi 'vigilant in preventing any violation of the ejuar nntine laws, and report, without .blay, all such violations that come to his knowledge, to the quarantine officer; T» MUNICIPAL CORPORATIONS. Act 2348, § $ 176-178 4. Present the master of the vessel with a printed copy of the quarantine laws, unless he has one; 5. If the vessel is subject to quarantine, by reason of in- fection, place at the masthead a small yellow flag. Duty of master of vessel. Sec. 176. Every masteT of a vessel subject to quaran- tine, or visitation by the quarantine officer, arriving in the port of any such city, or city and county, who refuses or neglects either: 1. To proceed with and anchor his vessel at the place assigned for quarantine, when legally directed so to do; or, 2. To submit his vessel, cargo, and passengers to the quarantine, officers, their inspection, examination, and di- rection, and furnish all necessary information to enable that officer to determine to what quarantine or other regulations they might respectively be subject, or, 3. To report all cases of disease and of death occurring on his vessel, and to comply with all the sanitary regu- lations of such port or harbor; Is liable in the sum of five hundred dollars for every such neglect or refusal. Master of infected vessel must report. Sec. 177. All vessels arriving off the port of any such city, or city and county, from ports which have been legally declared infected ports, and all vessels arriving from ports where there is prevailing, at the time of their departure, any contagious, infectious, or pestilential diseases, or ves- sels with decaying cargoes, or which have usually foul or offensive holds, are subject to quarantine, and must be by the master, owner, pilot, or consignee reported to the quar- antine officer without delay. No such vessel must pass within the bounds prohibited them by the board of health, until the quarantine officer has boarded her and given the order required by law. Duty of quarantine officer. Sec. 178. The quarantine officer must board every vessel subject to quarantine or visitation by him, imme- diately on her arrival, make such examinations and inspec- tion of vessels, books, papers, or cargo, or of persons on board, under oath, as he may judge expedient, and deter- msino-ts; Mi-M' irv! \tioks. m* mine whetln-r Ml ll "ul.l be SSMBBSed tn qnar-antim-. .md if so, tin- p. Tin. 1 of ipiaraut inc. \fasd rs (if certain vessels not to permit landing until he n it. Sec. 17' iptain, or other sftteer, in command any pnonrn^rr cnrrjing resae] .it mace than one 1 1 \ i n < 1 r ■ • i ,-in.l fifty toni harden, nor of anj vassal of- stars than hundred and fifty tona burden having ■■■ bosard, nor any • ■ • ■ r, agent, nr othi - having eharge "f such vessel or under l ■if nut li ss than one hundred dollars nor more than one thousand dollar-, land, nr permit to 1" landed, any pat k r,r from tin ntil he lias hi- hill of health to th«- quarantine off!.-, r and received a permit . that offi.-rr to land such in inch a 1 * tin- quarantine officer deems, it safe to give th< p.rmit 1 Dg tin- bill of health. Fee*. - t. The folli.-.-. -hall In . ly the _ ring I permit to land freight or pas- gem, or both: I Bailing vessel of l>-.ss than five hundred tons harden, from any port out of this state, two dollars and fifty cents; five hundred and toni burden, fire dollars; each additional one thousand tona a, nr lrii-timi thereof, an additional two dollars lift- lu Btnam-vessels, propelled a whole or in ■ by si'Hin, nf eae thousand t' 1 "- burden oi e deuars, ;iiul two dattson and fifty eenta addisioi ash add! tioual On* thmisainl tons bimli-n or fraiMimi But ropelled in whole or in part by strain. and from any port »r | - of the (Jsrited territories, ami whalii._ Rag the harbor of any such city ami county. . -i « •> i from the pro\i- this section. Duty of board of health. Bee. 181. The board of ln-alth may enforce oompuk \acciuatiou on passengers of |on] vnsionvinfeitec] shijis, or coming from ports infected with the same. Same. Sec 182. The board of health shall establish quarantine grounds at such points ami places as in its judgment saaj 741 MUNICIPAL CORPORATIONS. Act 2348, § j 183-185 conduce to public safety; may provide suitable hospitals when- ever the same are required for the public safety, and furnish and supply the same with nurses and attaches, and remove thereto all persons afflicted with cholera, small-pox, yellow, typhus, ship fever, or other contagious diseases; provide, said quarantine grounds and hospitals shall not be established within one mile of the mainland on the north side of the bay of San Francisco. Duty of board of health. Sec. 183. The board of health must cause to be kept a record of all births, death, and interments occurring in such city, or city and county, coming under the provisions of this chapter. Such records, when filed, must be deposited in the office of the city, or city and county, recorder, and pro- duced when required for public inspection. Duty of physicians and midwives. Sec. 184. Physicians and midwives must, on or before the fourth day of each month, make a return to the health-officer of all births, deaths, and the number of stillborn children occurring in their practice during the preceding month, in the absence of such attendants, the parents must make such report within thirty days after the birth of the child. Such returns must be made in accordance with rules adopted by, and upon blanks furnished by, the board of health. Human bodies not to be buried without permit. Sec. 185. No person shall deposit in any cemetery, or inter in any such city, or city and county, any human body, without first having obtained and filed with the health-officer a certificate, signed by a physician or midwife, or coroner, setting forth as near as possible the name, age, eolor, sex, place of birth, occupation, date, locality, and the cause of death of deceased, and obtain from such health officer a per- mit. The physicians, when death occurs in their practice, must give the certificate herein mentioned. It shall be the duty of the said board of health to see that the dead body oi' a human being is not allowed to remain in any public receiv- ing vault for a longer period than five days. At the expira- tion of that time it shall cause the body to be buried, or to be placed in a vault or niche, constituted of brick, stone, or iron, and hermetically sealed. It shall also be the duty of said boards to require all persons having in charge the digging of graves, and the burial of the dead, to see that the body of 74J no I: yean of i ge shall be interred in a grav. ;., or if under the the grave to be not less than five foot 'loop. rd of health shall have eni i of all o "g to such city nd Bounty, and may era- ploy a superintendent thereof, at a salary not to • to be paid out of the • f tho other employees are paid. 1'uty of roperintendent of cemeteries. erintendenta of all semeteriei in any such ••ity, ••r eity and county, must return to the bealth-offieor. on es of all porsons interred or depo- within their rei - during the preceding week, ami no superintendent of a cemetery, or any other person, can rem- - t,i be disinterred, any hum.' - remains that have been deposited in a oeme- t< rv, . ni.it tin r« for from tho health-officer, or by i-rd- r el : t 'to r. Human body not to be disinterred without permit. Sec. 1^7. It shall l>e unlawful to disinter or exhume from a grave, vault, or other burial-place within the limits of .. or citj and county, the body or remains of any dc- pi nnit for so doing shall have first been obtained h offleer of such city, or city ami county. Nor shall any body or remains disinterred, exhui or taken from any grave, vault, or other place of burial or isported in or through the streets or highways of any sueh city, or eity and county, unless the person or m r- sons : n tins shall first obtain from the h< r a permit, in writing, therefor, I '.ut when an applicant for a permit to disinter to remove said body beyond the limits of such city, or city and county, and shall so state on making application, the permit, if the same be issued, shall include the righl to disinb r and remove, and said permit shall ac- company the remains. Discretion of health -offii . 188. Permits to disinter or exhume the bodies or re- mains of r ms and to transport the same, or to exhume, or to transport, as in tie provided, may be grautcd, in tuu discretion of the health-officer, and under 743 MUNICIPAL CORPORATIONS. Act 2348, §§ 1S9-192 such restrictions and conditions only as he, in his judgment, may affix, so as in the best possible manner to protect the public health. The health-officer shall prepare a book of blank permits in proper form, and consecutively numbered, containing stubs, on which, as well as in the permit, shall be entered a record of the transaction, giving the name, age, sex, nativity, date 'of death, destination of remains sought to be removed, and upon granting each permit shall be required to be paid to him the sum of ten dollars therefor, for the use and benefit of the general fund of such city, or city and county. Penalty of disinterring without permit. Sec. 189. Any person or persons who shall disinter, ex- hume, or remove, or cause to be disinterred, exhumed, or re- moved, from a grave, vault, or other receptable or burial- place, the remains of a deceased person, without a permit therefor, shall be guilty of a misdemeanor, and be punished by fine not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. Penalty for transporting body without permit. Sec. 190. Any person or persons who shall transport, or cause to be transported, on or through the streets or high- ways of any such city, or city and county, the body or re- mains of a deceased person which has been disinterred or exhumed without a permit therefor, in accordance with this chapter, shall be guilty of a misdemeanor, and be punished as provided in the preceding section. Exception. Sec. 191. Nothing in this chapter contained shall be taken to apply to the removal of the remains of the deceased per- son from one place of interment to another place of inter- ment, or cemetery, within this state. Penalties. Sec. 192. No person, master, captain, or conductor in charge of any boat, vessel, or railroad car, or public or priv- ate conveyance, shall receive for transportation, or shall trans- port, the body of any person who has died within the limits of such city, or city and county, without said body is accom- Act SMS. ! } VK. 1M MUNICIPAL CORPORATIONS. M4 panied by a permit for such transportation from the health- officer, which permit shall accompany the body to its destina- tion; and no person, master, captain, or conductor, as afore- said, shall bring into or transport through any such city, or city and county, the dead body or remains of any person un- less it be accompanied with a certificate from some proper authority of the place from whence it came, stating the name, age, sex, and cause of death, which certificate shall be filed at tin 1 health-office; provided, that in no case shall the body of any person who died of contagious disease be brought to such city, or city and county, within one year after the day of drath. Nuisances, how abated. See. 193. Whenever a nuisance shall exist on the prop- erty of any non-resident, or any property the owner or owners of which cannot be found by either health inspec- tor, after diligent search, or on the property of any owner or owners upon whom due notice may ' ve been served, and who shall for three days refuse or negleet to abate the same, or any property belonging to such city, or city and county, it shall be the duty of the board of health to cause the said nuisance to be at once removed or abated, and to draw upon the general fund in such sums as may be required for such removal or abatement, not to exceed two hundred dollars; provided, that win never n larger expenditure is found mctssary to be made in the removal or suppression of any nuisance, the municipal council of such city, or city and county, shall, upon the written ap- plication of the board of health, by ordinance, appropriate, allow, and order paid, out of the general fund, such sum or sums as may be necessary for that purjwse; provided further, that in all cases where such expenditure will ex ceed five hundred dollars, no appropriation shall be made for that purpose unless the city, or city and county, attor- ney shall first give his opinion in writing that such expen- diture would be a legal charge against the property affected thereby. And the auditor shall audit and the treasurer shall pay all appropriation* of money made in pursuance of this section, in the satin manner as is now provided by law for auditing and paying demands upon the treasury. Fee-book open to public inspection. Sec. 194. The health-oflicer and the quarantine officer must each keep ■ book open to public inspection, in which 745 MUNICIPAL CORPORATIONS. Act 234S, §§ 196-200 must be entered daily all fees collected by them, and they must pay all fees collected to such city, or city and county, treasurer, daily, to the credit of the general fund. Bond of health-officer. Sec. 195. The health-officer must execute an official bond, with two sureties, to be approved by the board of health, in the sum of ten thousand dollars; and th« quar- antine officer must execute a like official bond, with two sureties, in the sum of ten thousand dollars; which bonds shall be filed with the auditor of such city, or city and county. Who may administer oaths. Sec. 196. Any member of the board of health, the health- officer, and the quarantine officer, and the secretary of the board of health, is hereby authorized to administer oaths on business connected with the health department. Suits, where maintained. Sec. 197. Whenever sny cause of action arises under any of the provisions of this chapter relating to the health department, suit may be maintained thereon in the name of the health or quarantine officer, as the case may be, in any superior court or justice's court of this state. Duty of physicians in certain eases. Sec. 198. Every physician in any such city, or city and county, shall report to the health-officer, in writing, every patient he shall have laboring under Asiatic cholera, vari- ola, diphtheria, scarlatina, or other contagious diseases, im- mediately thereafter, and report to the same officer every case of death from such disease. Duty of householders in certain cases. Sec. 199. Every householder in any such city, or city and county, shall forthwith report, in writing, to the health- officer the name of every person boarding, or an inmate of his or her house, whom he or she shall have reason to believe sick' of cholera, or small-pox, and any deaths oc- curring at his or her house from such disease. Park commissioners, how appointed and their duties. Sec. 200. There shall be a board of park commissioners of such city, or city and county, consisting of three per- Act 2348. 5 201 Xirxii'lPAL CORPORATIONS. 746 sons, to be appointed by the governor of this state, who shall hold their office f<>r four years, and who shall receive no compensation for fch< h bi rviees. In case of a vacancy, the same shall be filled by the remaining members of the board for the residue of the term then vacant; and all vacancies occasioned by expiration of terms of office, or neglect, or incapacity, shall be filled by the governor afore- said. Each of said commissioners shall be a freeholder and resident of such city, or city and county. Said board shall have full and i xclnsive control ami management of all the parks of such city, or city and county, which at the time of the organization of such city, or city and county) under this act, were treated and improved as pub- lic parks, with the avenues ;uid great highways connected therewith. Two of said commissioners shall constitute a quorum to do business, but no money shall be expended or contract entered into authorizing the expenditure of money without the approval of the mayor and a majority of said board of park commissioners. Powers. Sec. 201. Said board shall have power to govern, man- age, and direct said parks and avenues leading thereto ive heretofore been operated or managed in connec- tion therewith; to lay out, regulate, and improve such parks and avenues; to pass ordinances for the regulation and government of the same; to appoint one general super- intendent, who shall perform the duties of overseer and managing gardener, who shall receive a salary of two thousand tour hundred dollars per annum. The city, or city and county, surveyor shall be ex-officio engineer of the works, and shall perform such engineering work as the commissioners may requite of him. Prisoners over the age of twenty-one years, sentenced to hard labor in any of the jails, prisons, houses of correction, work-houses, or other penal establishments of such city, or city and county, may be put to work upon the parks. The commissioners may employ such other laborers as shall be necessary; within the amount allowed by law to be expended on said parks, at wages no! to exceed the current wages paid in such city, or city and county, for labor. They shall in no year incur any debt or deficit, nor expend any money be- yond the amount realized by the tax herein provided for. All persons violating any of the ordinances of the com- missioners regulating the parks shall be deemed guilty of misdemeanor, and punished accordingly. 747 MUNICIPAL CORPORATIONS. Act 234S, §§ 202-204 Taxes for park improvement, how levied. Sec. 202. The municipal council shall have the power to levy and collect, in the mode prescribed by law for the levy and collection of taxes, each year, upon all prop- erty in such city, or city and county, the sum of one and one-half cents upon each one hundred dollars valuation of taxable property therein, for the purpose of preserving and improving the parks and avenues under control and man- agement of said commissioners. Said money shall be paid into the treasury, and paid out for said purpose; all claims to be first allowed by said commissioners and au- dited by the auditor. The jurisdiction of the park com- missioners shall not extend to unimproved parks, nor squares and places not hitherto treated as parks, unless extended thereto by an ordinance of the municipal council. The commissioners may lease, for terms not to exceed three years, any portion of said grounds not immediately required for improvement, the proceeds to go to the im- provement of the parks and avenues. Eeports of park commissioners. Sec. 203. The park commissioners shall make semi- annual reports to the mayor and municipal council of all their proceedings, and a detailed statement of all the re- ceipts and expenditures. Duties of mayor and other officers in reference to con- tracts. Sec. 204. The mayor shall see that all contracts and agreements with the city are faithfully kept and per- formed, and to this end he shall cause legal proceedings to be instituted anel prosecuted against all persons or cor- porations failing to fulfill their agreements. And it is the duty of any and every city, or city and county, officer, when it shall come to his knowledge that any contract with such city, or city and county, relating to the business of any office whatever, has been or is about to be violated by the other contracting party, forthwith to report the fact to the mayor. A failure to do so shall be a sufficient cause for the removal 'of any officer of any department. The mayor shall give a certificate, on elemand, to any officer giving such information that he has done so, which cer- tificate shall be evidence in exoneration from a charge of neglect of such duty. The city, or city and county, at- torney shall prosecute ali suits so ordered by the mayor. \ cm ?:<<;,§ j 213. 214 Mi'Nir-irAi. ronron.\Tioxs. T« Article V. — Judicial Department. Number and jurisdiction of justices. 8ec. 213. There shall he in and for such city, or city :'.n ritMng justice. See. L'lt. The board of aldermen shall appoint one of the justices of the peace to be presiding justice, who, as such, shall hold office until his successor shall in the same manner be appointed; and any one of the other justices may attend, preside and act as presiding justice during the temporary absence or disability of the justice so ap- ted The board of aldermen, within ten days after its organization as such board, shall appoint a justices' clerk, who shall hold office flaring the pleasure of the appoint- ing power. The clerk shall take the constitutional oath Efiee, aad give bond, with at least two sufficient sure- tics, to be apf>raTed in the same manner as the official bond of other ollicers of such city, or city and county, in the sum si not less than fifteen thousand dollars, | able to the city, or city and county, conditioned for the faithful discharge of the duties of his office, and well and truly to account for and pay into the treasury of such city, or city and county, as r« quired by law, all moneys by him collected or received, and by law designated for that use. BT» or additional bond may be required by the munici- pal council whenever it deems it necessary; and on failure to furnish such new or additional bond within five days after it shall be required, the office shall become vacant. The justices' clerk shall have authority to administer oaths, and take and certify affidavits in any action, suit or proceeding in all courts in such city, or city and county, and to appoint two deputy clerks, for whose acts he shali be responsible on his official bond; the said deputy i . 749 liUNICIPAL CORPORATIONS. Act 2348, §§ 216, 216 to hold office during the pleasure of said clerk. Said depu- ty clerks shall have the same power as the said clerk, ex- cept that of appointment. Offices for justices, and office hours. Sec. 215. The municipal council of such city, or city and county, shall provide, in some convenient locality in the city, or city and county, a suitable office, or suite of offices, for said presiding justice, justices' clerk, deputy clerk, and deputy sheriff, and offices suitable for holding sessions of said court, and separate from one another, for each of said justices of the peace, together with attendants, fur- niture, fuel, lights and stationery, sufficient for the trans- action of business; and if they are not provided, the court may direct the sheriff to provide the same, and the ex- penses incurred, certified by the justices to be correct, shall be a charge against the city, or city and county, treasury and paid out of the general fund thereof. The said justices, justices' clerk and deputy elerk, shall be in attendance at their respective offices for the dispatch of official business daily, from the hour of nine o 'clock A. M. until five o 'clock P. M. Legal process, how issued. Sec. 216. All legal process of every kind in actions, suits or proceedings in said justices' court, for the issue of ser- vice of which any fee is or may be allowed by law, shall be issued by the said justices' clerk, upon the order of the presiding justice, or upon the order of one of the justices of the peace, acting as presiding justice, as in this chapter provided; and. the fees for issuance and service of all such process, and all other fees which are allowed by law for any official services of justices, justices' clerk, or sheriff, shall be exacted and paid in advance into the hands of said clerk, and be by him daily, weekly or monthly, as the municipal council may require, and before his salary shall be allowed, accounted for in detail, under oath, and . paid into the treasury of such city, or city and county, as part of the special fee fund thereof; provided, that such payment in advance shall not be exacted from parties who may prove, to the satisfaction of the presiding justice, that they have good cause of action, and that they are not of sufficient pecuniary ability to pay the legal fees; and no judgment shall be rendered in any action before said jus- tices' court, or any of said justices, until the fees al- Act 2348, §§ 217, 21S Ml IORPORATK 7» lowed therefor, and all foes for previous services therein, which an destined bo be paid into the treasury, shall have been paid, except in cases of poor persons, as herein- before provided. Sheriff and deputies for justices' courts. Bee, 217. The sli» ri IT of such city and county shall be ficio an offlet r ol Baid court, and it shall be his duty to serve or < to be « rved and executed, and erery process, writ, or order that may be issued by said justices' court; provided, that a summons issued from said court may I and returned as provided in section eight hundred and forty-nine of the Code of Procedure; and that Bubpoi nas may be issued by the justices' (dirk, and served as provided in sections nineteen hundred and i ren and nineteen hundred and eighty- eight of the ' ivil Procedure. The said sheriff may appoint, in addition to the other deputies allowed by law, three deputies, whose duty it shall be to assist said sheriff in serving and executing the process, writs, and orders of the said justices' COUrt. Said deputies Bhall ive a Balary of not to exceed one hundred and twenty- five dollars per month each, payable monthly, out of the city and eounl ry, and ool of the special fee fund, after being first allowed and audit, d as other de- mands are by law required to be audited and allowed. of said deputies shall remain in attendance during the lid COUrt, and at BUCh other times as the said court or the presiding justice thereof may order and di- rect, for the purpose of attending to BUCh duties as may 1„. imposed on said sheriff or said deputies, as herein pro- vided or required by law. The said sheriff • shall be liable ,,„ his official bond for the faithful performance of all duties required of him or any of his said deputies. Style of action. Bee 218. All actions, suits, and proceedings in such citv. or city and county, Whereof justices of the peace or justices' eourl jurisdiction, except those cases of i.t jurisdiction that may be commenced in some other court, shall be entitled; "In the justices' court of tlu rilv f ( r the city and county of )," (insert- in t r the name of the city, or city and county), and com- menced and prosecuted in said justices' court, which shall dways open. The original process shall be returnable, 751 MUNICIPAL CORPORATIONS. Act 2348, § 219 and the parties summoned required to appear, before tbe presiding justice, or. before one of the other justices of the peace, to be designated by the presiding justice at his office; but all complaints, answers, and other pleadings and papers required to be filed, shall be filed and a record of all such actions, suits, and proceedings made and kept in the clerk's office aforesaid; and the presiding justice, and each of the other justices, shall have power, jurisdiction, and authority to hear, try, and determine any action, suit, or proceeding so commenced, and which shall have been made returnable before him, or may be assigned or transferred to him, or any motion, application, or issue therein (subject to the constitutional right of trial by jury), and to make any necessary and proper orders therein. In case of disability of justice, case to be tried before an- other justice. Sec. 219. In case of sickness, or disability, or absence of a justice of the peace (on the return of a summons, or at the time appointed for trial) to whom a cause has been as- signed, the presiding justice shall reassign the cause to some other justice, who shall proceed with the trial and disposition of said cause in the same manner as if origin- ally assigned to him; and if, at any time before the trial of a cause or matter returnable or pending before any of said justices, either party shall object to having the cause or matter tried before said justice on the ground that such justice is a material witness for either party, or on the ground of the interest, prejudice, or bias of such justice, and such objection be made to appear in the manner pre- scribed by section eight hundred and thirty-three of the Code of Civil Procedure, the said justice shall suspend pro- ceedings, and the presiding justice, on motion and pro- duction before him of the affidavit and proofs, shall order the transfer of the cause or matter for trial before some other justice, to be designated by him. The presiding jus- tice may, in like manner, assign or transfer any contested motion, application, or issue in law, arising in any cause, returnable or pending before him or any other justice, to some other justice, and the said justice to whom any cause, matter, motion, application, or issue shall be so as afore- said assigned or transferred, shall have power, jurisdic- tion, and authority to hear, try, and determine the same ac- cordingly. Act 2348, §5 220-222 MUNICIPAL CORPORATIONS. 75J Certain cases to be certified to superior court by presiding justice, and justices' clerk. Bi C. 8?0. Cases which, by the provisions of law, are re- quired to be certified to the superior court, by reason of involving tin question of title or possession of real prop- erty, or the legality of any tax. impost, assessment, to*, or municipal fine, shall be so certified by the presiding jus i' clerk} and for that purpose, it' such c|iicsti.ni shall arise on the trial while thi 9 pending before one of the other justices, such justice shall certify the same to the presiding justice. All abstracts and tran- ts of judgments ami proceedings in said court, or in any of the dockets or registers of or deposited in said court, shall lie given and certified from any of such dock] ts or n . Igoed by the presiding justice and clerk, and shall have the same force and effect as abstracts and transcripts of justices of the peace in other Appeals from judgments ..id court shall be taken and perfected in the manner prescribed by law. ami the notice oi appeal and all papers required ., filed to perfect it shall be filed with the justices' clerk. Statements on appeal shall be settled by the jus- win, tried the eanse. Sureties on appeal, or on any bond <>r undertaking given in any cause or proceeding in said court, when required to justify, may justify before any one of the justices. Jurisdiction. Sec. 221. The jurisdiction of the justices' court of such city, or city and coun.1 - to the limits of the city, or city and county, and its process may be served in any part tl.ei Towers of Sec. 222. The presiding justice, whenever in his judg- ment the prompt dispatch of bu- ill demand it, may require the aid of one of the justifies of the pi ace in the discharge either of his own duties or those of the justices' eh rk (the collection of fees, accounting for, and paying the same into the t n B d each of the jus- tices, when so required, shall, for the purpose, have the same power and authority ns the presiding justice or eh rk in whose aid he shall act; and any one of the jus- tices, when required as aforesaid, i as a justices' 753 . MUNICIPAL CORPORATIONS. Acl 224S, §§ 223- H 225 clerk pro tempore during the temporary absence or dis- ability of such clerk, with the same powers, duties, and responsibilities. "Justices' Docket." Sec. 223. In a suitable book, strongly bound, the justices' clerk shall keep a permanent record of all actions, pro- ceedings, and judgments commenced, had, or rendered in said justices' court, which book shall be a public record, and be known as the "Justices' Docket," in which docket the clerk shall make the same entries as are provided for in section nine hundred and eleven of the Code of Civil Procedure, and which said docket and entries therein shall have the same force and effect as is provided by law in reference to dockets of justices of the peace. To en- able the clerk to make up such docket, each of the justices shall keep minutes of his proceedings in every cause re- turnable before, or assigned or transferred to, him for trial or hearing; and upon judgment, or other disposition or a cause, such justice shall immediately certify and re- turn the said minutes, together with all pleadings and papers in said cause, to the clerk's office, who shall im- mediately thereupon file the same, and make the proper entries under the title of the action in the docket aforesaid. Procedure. Sec. 224. The justices' court and the justices of the peace of every such city and county shall be governed in their proceedings by the provisions of law regulating pro- ceedings before justices of the peace, so far as such pro- visions are not altered or modified in this chapter, and the same are or can be made applicable in the several cases arising before them. The justices' court of such city, or city nd county, shall have power to make rules, not inconsistent with the constitution and laws, for the government of such justices' court and the officers thereof; but such rules shall not be in force until thirty days after their publication; and no rule shall be made imposing any tax or charge on any legal proceeding, or giving any allow- ance to any justice or officer for services. New justices' court a continuation of old. Sec. 225. All actions and proceedings pending and un- determined before the justices' court of such city, or city Gen. Laws — 48 Aetna, H ipal corporation& 754 and county, if any. at the timr of its organization under this act, sliall b< pr cded in, beard, and determined be f.»r< • herein provided for, and execution shall be 1 thereon, and other proceedings had therein, win tin r .•. hi t hi r on appeal or othi rw and • provided for under this act shall be deemed to i>. existing, an 1 lint I /Tt. Prohibition to by just : lawful f..r any justice of the peace, I ■ r ' K - " r the sin riff, or any of his nch city, ur or ad ■ rney, counsel, i'.>r any part <>r person In any c 1 in relation to any ■ r claim, pending, raed or prosc- oi tin in, ur whicn may l" within tlnir jurisdiction. A violation of the i>p> a misdemeanor in Qualifications of attorn r than an attorney at law, duly tt. .1 and to practice in record, shall l,, ; , ittorni y my party in any cause or pi J befort laid justices, or any of tii. m. in snl power of attorney ta 1 1, :| . , icknowli dg< 'l l" foi • suthorized by law M hich pow. r of attor- I1( . v , nr a tr thereof, duly certified l>y one of the justices afon . on inspection of thr original, shall shall 1" filed among the papers in BUI ' ding. Appoint ni< nt of additional just ■ 228. If, at the time of I nation of ani- lity, under this act, there shall • pro\ id d for in this chapter, the municipal council of such city, or city and county shall appoint a suitabli r persoi jUCh COmpll mi nl and tin pi r^>n ,.r pi rsons so pointed shall hold office from his or tlnir appointment, and Ull til hifl "i tlnir BUCCeSSOr or successors Is ,ir an ' 1< eti d 01 appointed and qualified. 7» MUNICIPAL CORPORATIONS. Act 234S, §§ 229-2S2 Police court. Sec. 229. The judicial power of such city, or city and county, shall be vested in a ''police court," to be held therein by the police judges. The police court shall nor be a court of record. Said court shall have a seal. The judges of said court may hold as many sessions of sail court at the same time as there are judges thereof. There shall be two departments of said court, denominated, re- spectively, Department One and Department Two. The court may sit in departments, and shall be always open for the transaction of business. There shall be, as far as prac- ticable, an equal distribution of cases between the said department, which cases shall be alternately set down for trial to each department in the order in which the war- rants are issued or proceedings brought before the court. Said judges shall, as soon as may be after the commence- ment of the terms of their office, classify themselves by lot for assignment to said departments, and shall be there- by assigned accordingly. Power and jurisdiction of police court. Sec. 230. All the power and jurisdiction of said court shall be enjoyed and may be exercised in bank, or in either department thereof. All the powers of said judges may be exercised by either of them. Same. Sec. 231. The police court of such city, or city and county, shall have jurisdiction: 1. Of an action or proceeding for the violation of any ordinance of such city, or city and county; 2. Of proceedings respecting vagrants and disorderly per- sons. Same. Sec. 232. The police court shall have jurisdiction of the following public offenses committed in such city, or city and county: • 1. Petit larceny; receiving stolen property, when the amount involved does not exceed fifty dollars; 2. Assault and battery, not charged to have been com- mitted upon a public officer in the discharge of his duties or with intent to kill; 8. Brea -. committing will- ful injur aii.l .'f all misdemeanors punishable by a fine no" lollara, or by im- r, or by both such fine and imprisonim nt; 1 1 jurisdiction at i • r. • • • • p tin | ■. throughout city an. i same pow< r-< and jurisdiction, in ad pi as arc now or hei - ntirnd by law ufi'ii poliee ' offender to bail foi trial in tin. superior court, and may try. condemn, it, and carry their judgtni nt into itinn, a« , have |">.\ er w arrant b and all other proi the full and proper ex- *ion. .May commit to home ot inebriate* Iges shall also hare power to commit to ti I inebriate, when any Bnch institute may bl I. any person who may be .I;'. of habitual intemperance, for a t < r in not exceeding bis months, or until sooaer released by or.hr of tin i by tin board si managers of sik-Ii institution by a two-thirds vote of all the moaabern of said board. •nmit to industrial schools. I cmrt or judg B shall have the power .imiiiit a. i offenders duly convicted, under eigi tin industrial school of said city an.l • ty, in all ■ ■ commitment shall hy court or judgi 1" deemed to be more suitable than has punishment otherwise provided by law, not 1 six months. If, u|H>n any trial, it shall appeal that the per- son OH trial is under fourteen years of age, and beu act -which if done by a person ■>( full age would warrAnt a conviction of the crime of misdemeanor charged, then and in that case said court or judges shall h r - o 757 MUNICIPAL CORPORATIONS. Acts 2348, § § 236-233 commit such child to the industrial school. In either case said court or judges may sentence such person to be con- fined in the correctional department of said industrial school for any term not exceeding six months. Upon ap- plication of the mayor, or any member of the supervisors, or of any three citizens, charging that any child under eigh- teen years of age lives an idle, or dissolute life, and that his parents are dead, or, if living, do, from drunkenness or other vices or causes, neglect to provide any suitable employment, or exercise salutary control over such child, the said court or judges shall have power to examine the matter, and upon being satisfied of the truth of such charges, may sentence such child to the industrial school; provided, that no person shall be so sentenced for a longer period than until he arrive at the age of eighteen years. May sentence to labor on public works, etc. Sec. 236. In cases where, for any offense, the said court is or judges are authorized to impose a fine, or imprison- ment in the county jail, or both, it or they may instead sentence the offender to be employed at labor on the pub- lic works, or in the house of correction or work-house as the supervisors may prescribe, for a period of time equal to the term of imprisonment which might legally be im- posed, and may, m case a fine is imposed, embrace as a part of the sentence that in default of payment thereof the offender shall be obliged to labor on said works, at said house of correction or work-house, or elsewhere, at the rate oi one dollar a day, till the fine imposed is satisfied; pro- vided, that no person under the age of twenty-one years, or who is to be sentenced, on conviction for drunkenness or breach of the peace, shall be sentenced to labor upon the public works away from the house of correction or work- house. Punishment of contempt. Sec. 237. The said court and judges may punish con- tempts in the same manner and to the same extent as su- perior courts, and the laws concerning contempts applicable to superior courts shall be applicable to said police court and judges. Record to be kept by county clerk. Sec. 238. The county clerk shall keep a record of the proceedings of the police court, issue all process ordered /\ct 2348. }§ 239-241 MUNICIPAL COnPOKATIONS. "i by said court, and shall render to the auditor, monthly, -i ri . 1 before any amount can be paid to him on account of his salary, an < ta !t and 'count, upon oath, of all funs imposed, and all bail forfeited, and moneys eol- ■ I court, since his last account ren- dered. He shall prepare bonds, justify and accepl hail, win n tin- amount has been fixed by the poll i, in seeding one thousand dollars, and he shall fix, justify, and accept hail after arnsf, in the absence of the polio* In all eases not amounting to a felony, in the same manner and with the lik> if the same had been fixed by the police jud^is or police court. The county elerk shall appoint three deputy clerks, who shall act as deputy clerks of said police court. The cleTk and the deputy elerks in t ., mentioned shall have au- thority to administer oaths ami affirmations, ami take and certify affidavits in any pi court, in and f'>r said city and county, and to is- nas. The police judges and the deputy clerks shall ad at tin- oourtrooi d court for the dispatch of business daily, from the hour of nine o'clock A. M. until five o'clock i'. M.. and during such other reasonable hours as may be accessary for the discharge of their respeotiTi iluti< Payment of lines by el< rh into treasury. Jin. The county clerk, as cleric of the police court, shall pay to the treasurer of said city and county, imme- diately, all fines collected and bail forfeit.,), accompanied by a verified written statement showing from whom each fine was collected, when collected, in what ease, Specifying the offense, and in what amount, and in what case and by whom such bail was forfeited. He shall immediately upon the forfeiting of any bail bond in the poll \ transmit to the district attonuy a COpy of such bail bond, duly titied by him under the seal of that court to be a true i Stating in such certificate the fact of BUCh forfeiture, and the date thereof. Justice of the peace may pn -id' in police court. Sec. "J II. Any justice of th( pi ace of the said city and county who ma\ in designated, in wilting, by th< majror for 759 MUNICIPAL CORPORATIONS. Act 2348, §§ 242-345 the purpose, shall have power to preside in and hold the police court of said city and county, or any department thereof, in the event of the temporary absence of the police judges, or either of them, or of their inability to act from any cause; and during such temporary absence or dis- ability the justice so designated shall act as police judge, and shall have and exercise all the powers, jurisdiction, and authority which are or may be by law conferred upon said court or judges. Duty of assistant district attorney. Sec. 242. It shall be the duty of the assistant district attorneys, acting in the police court, or either and each of them, whenever they shall have been credibly informed that any person criminally injured by another is likely to die, to take the dying statement of such person, and to im- mediately reduce the same to writing. It is also hereby made the duty of attending physicians, and others know- ing of such cases, to report the same immediately to such assistant district attorneys. Attorney before police court. Sec. 243. No person shall be permitted to act as at- torney or counsel before the police court or the police judges, unless he shall be an attorney and counselor admitted to practice in the supreme court of this state. Bailiffs for court. Sec. 244. The chief of police shall designate two or more policemen, who shall attend constantly upon the police court, act as bailiffs therein, and execute the orders and process of said court and the judges thereof. Abolition of courts and transfer of records. Sec. 245. The police judge's court and the police judge's court number two of said city and county, and the offices of the judges thereof, shall be abolished at twelve o 'clock noon, of the first Monday after the first day of January, in the year eighteen hundred and eighty-five, and at that time all records, registers, dockets, books, papers, ac- tions, warrants, judgments, and proceedings lodged, de- posited, or pending before the said last-mentioned courts, or the judges thereof, shall be by force hereof transferred to said police court, which police court and the police 7W> r nn-1 I i ! been in the first in- •1 in s:ii.l poliee court, <>r I. ■ l . r ,.j rl con- tnim it time ii ■ r* . .r -n ' ■ 1 : . jii da* oi,s shall be public, and its record shall be open to public inspection. Superintendent of echo re -hall be elected by the qualified of aueh city and Btate election, a sup- oflice on the first 761 MUNICIPAL CORPORATIONS. Act 2348. § 'MS day after the first clay of January next following bis elec tion, and hold office for the term of four years, and until Irs successor is elected and qualified. He shall perform such duties as are prescribed by law. Powers of board. Sec. 249. The board of education shall have power: Establish districts. 1. To establish school districts, and to fLx and alter the boundaries thereof. Maintain schools. 2. To maintain public schools as organized at the time of the organization of such city, or city and county, under this act, and to consolidate and discontinue the same as the pub- lic good may require. Establish high schools. 3. To establish high, normal, and experimental schools for the education of teachers. Employ and dismiss teachers, etc. 4. To employ and pay and to dismiss teachers, janitors, school-census marshals, and such mechanics and laborers, and such other persons as may be necessary to carry into effect the powers and duties of the board, and unless otherwise pro- vided by law, to fix, alter, and allow paid their salaries and compensations, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid. Make and establish rules, etc. 5. Also to make and establish and enforce all necessary and proper rules and regulations for the government and effi- ciency of the schools, teachers, and pupils, and for the carry- ing into effect of the school system; and to establish and regulate, and grade the schools, the course of studies and mode of instruction therein; to investigate all charges of misconduct on the part of teachers and other employees of the board; to administer oaths and take testimony; to sum- mon and enforce the attendance of and examine witnesses for such purpose before the board, or a member or committee thereof. Any person summoned and refusing to attend and testify shall be deemed guilty of a misdemeanor; and any §249 MfXIlPAL CORPORATIONS. TK person testifying falsely shall be guilty of perjury, and on Lotion punished accordingly. Provide fuel, stationery, etc. 6. To provide for the school department of such city, or city and c >unty, fuel, lights, blanks, blank-books, books, printing, and ry, and sucn other articles, materials, or supplies .'is may b( oec< Bsary and appropriate for use in the schools, or in the office of the superintendent. Provide school-houses. 7. To build, alter, repair, rent, ami provide school b and furnish them with proper School furniture, appar. and appli any and all school property, and to use md control such buildings as maj tor the uses of the board and its commit t. To purchase school lots. 8. To receive, pur.' 1 e, ami hold in fro in trust for such city, >>r city and OOUnty, any and all re;i) estate and per- I property thnt may have been or which inn after may be acquired for the use and ben< lit of the schools of such > r city and county. (irade school lots. 9. To grade, fence, and improve school lots, and in front thereof. To sue and be sued. 10. To sue for any and all lots, lands, and proper: ring to or claimed by the school department of such city, OX city md county, and to prosecute and defend all ac- at law or in eqnit; »ver the full enjoyment and possession of said lots, lands, and property, and t. d h. n <>r otherwise for the support of the public shall bo deemed guilty of felony, and ■ 'ion, punished sc eordingly; and this provision shall not lie construed '" r ' lieve such persons from any other penalty, hut shall be doomed cumulative to and with other penalties and dis- abilities as to such acta and offi i Annual report. 255. The hoard shall mako and transmit, bi I thr fifteenth the first day of Feb rnary of each year, to tb< atenden.1 of pubKc instruction, and to the mayor and municipal council of BUCh city, or city and county, a report, in wiritinj g the whole number of public schools within the jurisdiction, the Length of time they have been kepi open, the number ol pupils taught in each school, the whole amount of moaej drawn from the- treasury by the department during she year, distinguishing the amounts drawn from the general fund of tin siat, from all other, and from what and the manner and purpose in which such money lias been expended, with particulars, and such other iaforasa- tion as maj be required from them by the state auj Ban- tendent, the municipal council, or the maj r, 765 MUNICIPAL CORPORATIONS. Act 2348, §§ 2C6-259 Evening school. Sec. 256. The board shall provide evening-schools, to be held in the public school-houses, for the benefit of those unable to attend the day-schools. They shall make and enforce regulations requiring the teachers to keep records of the names, ages, and residences of all pupils, and the names and resiliences of their parents, and the aggregate attendance of each pupil during the year, and to verify and report the same on the thirty-first day of December to the board; and such other rules and regulations for the purpose of ascertaining the attendance and efficiency of the department and progress of education. Superintendent a member of board. Sec. 257. The superintendent of schools shall be ex- officio member of the board of education, without the right to vote. Clerk. Sec. 258. Said superintendent shall appoint a clerk, sub- ject to the approval of the board of education, who shall act as secretary of said board. His salary shall be two hundred dollars a month. Said clerk may be removed at the pleasure of the superintendent, and shall perform such duties as shall be required of him by the board or the superintendent. Heport of superintendent. Sec. 259. The superintendent shall report to the board annually, on or before the first clay of August, and at such other time as the board may require, all matters pertaining to the expenditures, income, condition, and progress of the public schools of such city, or city and county, during the preceding fiscal year, with such recommendations as he may deem proper. He shall observe and cause to be ob- served, such general rules for the regulation, government, and instruction of the schools, not inconsistent with the laws of the state, as may be established by the board. He Bhall attend the sessions of the board, and inform himself, at each session, of the condition of schools, school-houses, school funds, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of education in such city, or city and county. He shall acquaint himself with all the laws, rules, and regulations governing the public schools in such city, MUNICIPAL CORPORATIONS. T66 ity and county, and the judicial decisions thereon, and d subjects connected with the public schools litously to officers, teachers, pupils, and their parents and guardians. Shall visit schools. 210. The superintendent of schools shall visit and examine the schools, and sec that tiny arc efficiently con- ducted, and that the laws and regulations of the board are in all things, and that BO religions or sectarian allowed in the schools, and to rpport monthly to the board* He shall also report to the state superintendent at such times as such offleer shall require v. how filled. 861. Any money in the office of school director shall be filled for the remaindi r of the term by a person to be ! by the I sldermen. Vacancy in office of superintendent, how filled. 262. Tn cn.se of a vacancy in the office of superin- tendent, the board of aldfrmen may appoint a person to fill the vacancy until the next regular election, when the office shall be filled by the people. School fund. Sec. TG3. The school fund of snch city, or city and county, shall consist of all moneys received from the state school" fund; of all moneys arising from taxes which shall be li vied annually by the municipal council of such city. or city and county, for school purposes; of all moneys arising from sale, rent, or exchange of any school property, and of such other moneys as may. from any source what- i vi r, be paid into said school fund. Said fund shall be kept in the city, 01 city and county, treasury, separate and dis- tinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. No or commissions shall he allowed or paid for assessing, collecting, ke< ping, or disbursing any school moneys; and if at the end of any fiscal year any surplus remains in the school fund. BUCh surplus money shall be carried forward to the school fund of the next fiscal year, and shall not be, for any purpose whatever, diverted or drawn from said fund, except under the provisions of this chapter. TO . MUNICIPAL CORPORVTIONS. Act 2348, §§ 264-266 School fund, how used. See. 264. The said school fund shall be used and ap- plied by said board of education for the following purposes, to wit: 1. For the payment of the salaries or wages of teachers, janitors, school-census marshals, and other persons who may ' be employed by said board; 2. For the erection, alteration, repair, rent, and furnish- ing of school-houses; 3. For the expenses of high, normal, and experimental schools; 4. For the purchase money or rent of any real or personal property purchased or hired by the board; 5. For the insurance of all school property; 7. For the discharge of all legal incumbrances now or hereafter existing on any school property; 8. For lighting school-rooms, and the office and rooms of the superintendent and the board of education; 9. For supplying the schools with fuel, water, apparatus, blanks, blank-books, and necessary school appliances, to- gether with books for indigent children; 10. For supplying books, printing, and stationery, for the use of the superintendent and board of education, and for the incidental expenses of the board and department; 11. In grading, fencing, and improving school lots. Claims, how allowed. Sec. 265. All claims payable out of the school fund (excepting coupons for interest on school bonds), shall be filed with the secretary of the board, and after they shall have been approved by a majority of all the members elect of the board, upon a call of "yeas" and "nays" (which shall be recorded), they shall be signed by the president of the board and the superintendent of the public schools, and be sent to the city and county auditor. Every demand shall have indorsed upon it a certificate of its approval by the board, showing the date thereof, and the law authorizing it, by title, date, and section. All demands for teachers' sal- aries shall be payable monthly. Demands on school funds. Sec. 266. Demands on the school fund may be audited and approved in the usual manner, although there shall not, at the time, be money in the treasury for the payment of the same; provided, that no demand on said fund shall be paid out of or become a charge against the school fund Act 2348, }§ 267- 270 MUNICIPAL CORPORATE 7W of any subsequent fiscal y«ar; and furthrr provided, that the satire expenditures of the said school department, fur .ill purposes, shall not, in any fiscal year, extend the reve- - if for the same year. Auditor ' f o fund. ■ ■! county, auditor shall Stale, by in 1 DpOU any claim or demand audited on th< sehool fund, tl . y or fund out of which the same is payable, and that it is payable from Audited hills receivable for ta lifted bllll tor the current fiscal year for wages or salaries lor* in the public schools shall I taflM dl|i- upoi All demands shall be au-lited and paid in the usual manner. All lnwfnl drmar . by this chapter for school pur , lit, i sod approved in the usual manner, and the auditor and treasurer of so el city, or city and connt\. - ;.. ct i v< ly authorized to audit and pay the same, when so ordered paid and approved by the said hoard; provided, that tin said board shall not have the power to eontrad any debt or liability, in any term whatsoever, against such city, .unty, in contravention of this :n,,| provided further, tha f th.' nlle approval by the board of demands not authorised by this c> I I., m . warrant or au- thority to the auditor or treasurer to audit or pay the same. •tion te make est i rr It shall be the duty of the beard of education of lueh City, or city and county, Ott or before the second Honda] of September of each year) to report to the munici tal council an estimate of the amount of money erases will e required during the y. :ir for the purpose of meeting the current annual expenses of public instruction in sueh eity. or city and count-. Qg the amount required for sup- plies furnished pupils, for puri ittd procuring sit« s. for leasing rooms or erecting buildings, and for furnishing, lining up, alien pairing bnildil foT the supj " si annual apportionment; fur salary of teachers, janitors, ebrks, and other employee*, and other expenditure* autaori ad by law; but the aggregate amount so r, ported shall not 749 Municipal cukpokatio.ns. Act 2348, §§ 271, 272 ceed the sum of thirty-five dollars for eaeh pupil who shall have actually attended and been taught in the pre- ceding year in the schools entitled to participate in the apportionments. The number of pupils who shall be con- sidered as having attended the schools during any one year shall be ascertained by adding together the number of days' attendance of all the pupils in the common schools during the year, and dividing the same by the number of school-days in the year. Said municipal council is au- thorized and empowered to levy and cause to be collected, at the time and in the manner of levying state and other city, or city and county, taxes, the amount of tax, not to exceed thirty-five dollars per pupil, determined and re- ported by the board of education. The amount so levied and collected shall not include the amount received an- nually from poll-taxes. No sectarian school shall receive school money. Sec. 271. No school shall receive any portion of the school moneys in which the religious doctrines or tenets of any particular Christian or other religious sect are taught, inculcated, or practiced, or in which any book or books containing compositions favorable or prejudicial to the particular doctrines or tenets of any particular Christian or other religious sect is used; nor shall any such books or teachings be permitted in the common schools. No member of board shall disburse school money, or ac- cept gift. Sec. 272. No member of the board of education shall ever become the disbursing agent of such board, or handle or pay out any of its money under or upon any pretense whatever. Any violation of this provision shall be a mis- demeanor, and shall subject the offender, besides the pun- ishment, to removal from office. Any member or officer of the board of education who shall, while in office, accept any donation or gratuity in money, or of any valuable thing, either directly or indirectly, from any teacher, or candidate, or applicant for a position as teacher, upon any pretense whatever, shall be deemed guilty of a misde- meanor in office and shall be ousted by the board, or by any court of competent jurisdiction, from his seat, on proof thereof. Any member or officer of the board of educa- tion who shall accept any money, or valuable thing, or the promise thereof, with an agreement or understanding, ex- Gen. Laws — 43 MINI. I PAL CORPORATIONS. TW pri Sfl or implied, that any person shall, in consideration t h • • r • .of such member or officer for n situation as a teacher or employee of any kind in the school department, shall be deemed guilty of a felony, an.l on conviction, shall be poTJU irdingly. Article VII. Miscellaneous Provisions. Laws which do not conflict with this act are continued in force. All the existing provisions of law defining the duties of county officers, excepting those relating to auper- .1 boards of supervisors, so far as 'the same are not inconsistent with, repealed, or altered by the provisions of this chapter, shall l r< d as apphcabli to officers of any consolidated cities and counties, acting or elected under this chapter. Pi shall he made from the nv- enm s of any city, or city and county, hi n tofoiS existing and reorganized under this act, for the payment of the Legal Indebtedness "i tb< municipal incorporation to which such reorganised city, or city and county, shall succei d. 01 ,.(' wii.ii it is a r< • well IS for that of such city, or eit) LTlty, after it- ,:ion, and all funding acta and other laws providing for the payments of principal and interest on any funded debt of such former corporation shall remain in force. The taxes which may be levied and collected in such city, or city and county, shall be uniform throughout the same. Where provisions of this chapter shall apply. provisions of this chapter concerning the following-named officers, to wit: Bheriff, county clerk, r id. r, coroner, and public administrator, shall apply only t insolidated cities an 1 counties. The provisions of this chapter relating to the district attorney shall, cx- eept in consolidated cities and counties, be deemed to apply t" tin- city attorney; and no sheriff, county clerk, recor.hr, district attorney, coroner, or public adminu tor shall be elected in any municipal corporation under the provisions of this chapl I in consolidated cities and counties. Duty of municipal council in tin levy of taxes. J. The municipal council of any such consoli- date city and county shall perform such duties in and about the levy and equal i /.at ion of state and county taxes, 771 MUNICIPAL CORPORATIONS. Act 234s, §§ 3OO-X02 and all other matters and things as are or may be pre- scribed by law for boards of supervisors of counties in like cases, and not inconsistent with the provisions of this chapter. CHAPTEE III. MUNICIPAL CORPORATIONS OF THE SECOND CLASS. (A charter for cities having a population of more than 30,000 and not exceeding 100,000.) Article I. — General Powers. Powers of municipal corporations of the second class. Sec. 300. Every municipal corporation of the second class shall be entitled the city of (naming it), and by such name shall have perpetual succession, may sue, be sued, in all courts and places, and in all proceedings what- ever, shall have and use a common seal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common benefit; provided, that it shall purchase without the city no property except such as shall be deemed necessary for establishing hospitals, prisons, cemeteries, and industrial schools. Article II. — General Provisions Relating to Officers. Election, when held. Sec. 301. The municipal election shall be held on the second Monday of March of each even-numbered year, and such election shall be subject to all the provisions of the law regulating elections for state officers, except as other- wise provided in this chapter. At such election there shall be elected, for the government of the "city the fol- lowing officers: Seven councilmen, who shall constitute a board to be known as the city council; a mayor; a treas- urer, who shall be ex-oflficio clerk of the city council; a city attorney; a school superintendent, and a street super- intendent, who shall respectively hold office for the term of two years, and until their successors are elected and qualified. One councilman shall be elected from eacn ward, by the vote of the city at large, and shall hold office for the term of two years, and until his successor is elected and qualifier. Bonds. Sec. 302. The clerk and treasurer, superintendent of public schools, street superintendent, and all other officers .§§303-305 MUNICIPAL CORPORAW in when required by the city council by ordinance, shall each, re < n t • r i i . l: upon biua u Hi < • i a 1 d within ben days after reeeipl of his • * t r t ill ec&ion or a j.iM»i n t ; n such sum as the council nay di- rect, payable to th< city; which bond shall be subject to the law concerning the official and to approval >• v the mayor. And 1 1 1 « - council may at any time ,11 additional amount, or nen sureties, noon any which it may iln m insufficient. It' such additional rity be nol given, the council, u| nation thereof liv the mayor, \<>u- oi' t«u thirds or' the meml . :it. . t ■> be paid into tnasury. KML Ail and all other n red or «- « » 1 1 . . - 1 . - . i I tieer ol the <■ i ty . shall be paid by such officer, at tfc B month, into -u ry, for I I no payment shall Bt4T Coi -alary until he shall have taken. and Bled with the clerk, an affidavit that ho has paid into the rity treasury, all fe< I, and all other nion, yu by him t No rity officer shall be surety on bond of any corporate ofli' :n|. No member of the city council, or of the board of education, nor any officer <>f tlo .ill be surety u|ion the official bond of any corporate officer, nor shall he be, directly or indirectly, Intel with or be surety f,, r ,,n\ person who may bo interested in any franchise, con- ppropriation, work, or bnsin.ss, or in the sale of anything tin pric< of ot consideration for which is paid or payable by the city, or by assessments levied under an onliuane. Oi thr council; nor shall any contract be award- ed or franco" person who may b ou the olio ial bond ot any officer of the city. Vacancy, how fill) with navigation, I public pis \vli:i: -dips, x and folate and collect dockage, and cranage, upon all water < and all to make i ring is, ornament, peace, and good order for pri'Vi sting and extinguishing fires, and tinting and regelating fin-men, policemen, and such - as ma) ry to appoint; for the relation of pnsons and markets; for licensing, iting ell such vehicles, business, and em- ployment! public good may require, and as may not be prohibited by law; to levy a tax license upon all ..at the same from running at ! in the stnets and public grounds of the city; to regulate -. amusi n. and exhibitions which linet good morals, or con- trary to the public order I ■ ncyj f"r the regulatiou and ut' slaughterhouses, mark' and [8, and bouses for the storage of gunpowder and imbustible materials, and limit the quantity of combustible ve materials to be stored in any one place; tor prohibiting or suppressing the erection of slang •■ tin- slaughtering of animals within the limits of the city, and tor prohibiting or suppressing the erection or carrying n of any soap or glue tan- yard, powder-magazine, or other nuisance within the limits Of the city; and to declare what shall constitute a nui- ssnoe; and to make and enforce within its limits all such local, police, sanitary, and other regulations as are not in 775 MUNICIPAL CORPORATIONS. Act 234S, § 319 conflict with general laws; and provide suitable buildings for the management, good government, and general wel fare of the city. They shall also have power to pass such ordinance or ordinances as may be necessary to prevent animals from running at large within the limits of the city; to establish a pound, and appoint a poundkeeper, and pre- scribe his duties, and to provide for the public sale, by the poundkeeper, of such animals as may be impounded, in the same way and upon like notice that personal property is sold by execution under the laws of this state; provided, that the owner or owners of such property so impounded may reclaim the same at any time before sale, upon pay- ment of costs and charges of taking up and impounding; and, within thirty days after the sale, upon proof of owner- ship of the property sold, duly made before the mayor, and upon payment of the costs and expenses of impound- ing and selling, and upon the payment of the sum of one dollar to the mayor, as a fee for the investigation of the question of ownership, and for his certificate to • that effect, such owner or owners may receive the purchase money arising from such sale or sales. Penalties for the violation of any and all ordinances shall be by fine not exceeding one hundred dollars, and in case the fine be not paid, then the person or persons may be imprisoned at the rate of one day for every two dollars of the fine imposed, or in lieu ot the imprisonment, or any part o±. it, the per- son or persons so fined shall labor, under the direction of the city authorities, either upon the streets, public grounds, or buildings, or in such other places as may be deemed advisable for the benefit or revenue of said city. The city council, upon the nomination of the mayor, shall have power to appoint suitable persons to fill vacancies in any elective office, except that of mayor, until the next regular municipal election, when, if the term be unexpired, an election shall be held to fill such vacancy for the un- expired term of said officers. The members of the city council shall receive no salary for their services. They shall have power to provide for all city elections, to designate the place or places of holding the same, giving at least ten days' notice thereof; to appoint inspectors and judges of election, examine the returns, and declare the result, and to determine contested elections. The president pro tempore of the board shall discharge the duties of mayor, whenever there shall be a vacancy in the office of mayor, or when the mayor shall be absent from Act 2348, i 320 MUNICIPAL CORPORATIONS. T» tli.' city for a period exceeding five days, or be unable, . to attend to the duties of his office. In the ate of the eli rk, the city council shall appoint one of their numbers to act as clerk pro tempore; they shall have power to set aside any amount of money belong- ing to the eity winch may at. any time be in the hands of tin treasurer, alt?) dednetiug the enrrent expenses of the eity, and the int. rest due upon the funded debts of the eitv, as a sinking fund whereby the bonds issued by tin eity may I., redeemed, or they may, at any time before said bonds B*all tlUO, with any surplus money p may kolong to the eity, after paying sai.l expenses anil int. r • m or p r the eity. and in its . in the manner most advantageous to the eity. any rending bonds, which I claims, when so pur led, ikaU i.- Imraedinl i; pmvi.li .1. this rigbs shall nut affect the lignts pi the holders of said Is, ox in any way proven! thorn from holding the same until said bonds become due and payable) tiny shall also have the power to determine ike width of sidewalks, and the material and manner of tkeii oanstraetioni as well as the grade of the same; tiny shall ajso hive the power nVl districts, and within s;ii,l distrie' vent tin sreetion of *rood*'s buildings, or any buildings eom posed of eomhustibl. mat. n:ils. and else to prevent the further repairing of sroodi q buildings, within the fire limits Plished. Further powers. B< ft. •''•-"• Said council shall also have power: • motion of sinks, • 1. To regulate the construction of sinks, gutters, wells. i privy-vanltS, and te OOnrpel the cleansing or . mptying of Ike same, and the time and manner in which the work shall be done. Anchorage of vessels, etc. 2. To regulate the anchorage of vessels within the limits of the city, and to prevent obstructions to the free naviga- tion of all na v ig able n»at< rs within the same. Pollution of water. [arsons from throwing into any stream, en I I. bay, or other body of water within the limits of TT7 MUNICIPAL CORPORATIONS. Act 2348. § .«0 city, from vessels, wharves, or other places any dirt, ballast, ashes, garbage, dead animals, or other materials that may obstruct the same or pollute the water thereof. Open streets. 4. To open streets to the channel of any navigable stream or creek within the limits of the city, and to deep water to any navigable bay or lake within the same, and to construct and maintain public wharves at the ends of such streets. Eegulate location of boilers, etc. 5. To regulate the location of steam-boilers, the putting up of signs and awnings, and the construction of entrances to basements or cellars from the sidewalks. License hacks, etc. 6. To establish hack-stands, and to regulate the rates of charges of hacks and other licensed vehicles, and to require a schedule of such charges, printed in conspicuous type and satisfactory to the council, to be posted in a con- spicuous place in each hack or other licensed vehicle; pro- vided, however, that the standing of hacks shall not be per- mitted on any street upon which railroads operated by steam shall be used. To compel attendance of absent members. 7. To compel the attendance of absent members of said council at any of the meetings thereof, and to cause the arrest of any person for disorderly conduct at their meet- ings. Eegulate speed of railway engines. 8. To regulate the speed of railway engines in the city, and to require railroad companies to station flagmen at street crossings; to grant franchises permitting steam rail- roads upon any of the streets of the city; provided, that the same shall only be granted after two weeks' notice, pre- viously published in some newspaper published in the city, and by ordinance passed by the vote of two-thirds of the members elected to said council, approved by the mayor, and upon the previous petition, in writing, of the owners of two-thirds of the front feet of the lands upon the portion of the street to be so used. Act 234S. §5 3J1. rc_' MUNICH A ■ -1:1' >UATIONS. T7S Regulate entrance to and from theat>rs, etc. 9. To r< gulatc the means of entrance to and exit from the una, public hallf, nnd churches, ami to prohil.it the placing "f chain, stools, benches, or other ob- structions in the ' Rich building. Railway companies to keep certain struts in repair. 10. To require railroad companies to keep the street in en the tracks and along and within the dis- tance ,,f • sid< of the track occupied by the company. Lie. - rtj and business. 321. They shall the exclusive right, in the man] by ordinance, of issuing and grant- ing licenses, and og tax Fox the benefit of t!i. oity, upon the following business and property, to wit: Upon each and every person within the limits of the city who shall vmd an] rarea or merchandise, wines, Ued or fermented liquors, drugs, medicines, jewelry, or w ir nt or hire; upon persons keeping billiard ind shooting-galleries; also -us, inn-keepers, and upon all persons who may s . || any malt, spirituous or fermented liquors or wines in less quantities than one quart; and the said li- ined quarterly or yearly. Also upon any .ii within the limits of the city, who shall keep a stal- lion, jack, bull, or ram, and who shall permit the same to •ion for hire or profit, which licens< Bhal lease; all of which licenses granted by BUeb city and duly obtained by the person nr pi rsons desiring the same, shall entitle them to carry on BTjeh ) trade, >>t profession in such city. Sales and 1< ases of city property. All sali s or leases of property belonging to tli, city shall be by public auction to the highest bidder, and upon such terms and conditions as the council may by ordinance direct; and all contracts for supplies, of any kind, for more than five hundred dollars, shall be let to r ii,. i,, u , bidder, after ten days' notice given by posting the same in three of the most public places in 779 MUNICIPAL CORPORATIONS. Acts 2348, J § 323-3:5 the city, or by publishing the same in any newspaper printed and published in such city. Licenses. S^c. 323. Licenses shall be discriminating and propor- tionate to the amount of business; and it shall be the duty of the council, by ordinance, to classify all kinds of business licensed in accordance herewith. Ordinances. Sec. 324. The enacting clause of all ordinances shall be as follows: "The mayor and council of the city of do ordain as follows." Every ordinance passed by the city council shall be presented to the mayor for his approval; if he approve it, he shall sign it; if not, he shall return it at the first meeting of the council held after five days thereafter, or at its next meeting; when the city council shall reconsider such ordinance, and if the same be ap- proved by a vote of two-thirds of all the members elected, and not otherwise, tne same shall take effect and stand as an ordinance of such city. All ordinances shall be pub- lished for one week in a newspaper printed and published in such city, as often during such period as such newspaper shall be published. Fixing rate of taxation. Sec. 325. The council shall, upon the first Monday of October, in •.•ach year, fix the rate of taxation to be levied upon all property, both real and personal, in said munici- pality necessary to raise sufficient revenue to carry on the various departments of the city government for the then ensuing year, not to exceed one dollar for each one hundred dollars upon the assessment-roll, and to pay the bonded and other indebtedness of said city. The said council must, upon fixing said amount, transmit a statement there- of to the county auditor. The action of the city council in fixing the rate of taxation for city purposes is a valid levy of the rate so lixed upon all property, both real and personal, in the said city, and borne upon the assessment roll of said county, and has the effect provided in sections three thousand seven hundred and sixteen, three thou- sand seven hundred and seventeen, and three thousand seven hundred and eighteen of the Political Code, in re- gard to state and county taxes. The county auditor shall thereupon compute and enter, in a separate money column Act att. if sa. ma municipal corporations. rso it, the RSSCSBmeilt: book, the respective sums, in dollars and rents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, for the purposes of Btrch city government, and foot up the column, shewing the total amount of such taxes The tax.s so ], vied ami computed shall l.c oollested at the same time ami in the same 111:111m r as -tat, an.l county -.1 when col- lected, shall !><• paid into the county treasnry for the use of said city; provided, tliat any property sold for such taxes shall be subject to redemption within the time and in the manner pro^ ided, or that may hereafter be provided by law, for bhe biot of pro; | for state or All <1> [iropcrt v for taxes or special assessments, under the provisions of this chnpt< r, shall have lh( and effect in cvi- den,. • m ;iv Hereafter be provided by law for di for property Bold for non-payment oil I 1 ■ounty taxes. The county tr. n. In all matters before the city council con- cerning the granting <>f franchises, letting of contracts, auditing of bills, ordering of work to be don. or supplies to be furnished, or whatever may involve the payment of money, or incurring of debt by the city, the vote shall be l>y yeas and nays, and be recorded in the journal. ];< striction on m< ml S. e. 387. No member of the city council shall vote in the council upon any motion, resolution, or ordinance, in favor of any franchise, contract, bill, award, or appropria- tion, in which he may have any pecuniary interest, present i>r prospective. 781 MUNICIPAL CORPORATIONS. Act 234'S, §§ 328, 329 Debts. Sec. S28. The city council shall not create, allow or permit to accrue any debt or liability in excess of the available money in the treasury that may be legally ap- portioned and appropriated for such purposes; nor shall any warrant be drawn or evidence of indebtedness be is- sued, unless there be at the time sufficient money in the treasury legally applicable to the payment of the same, ex- cept as hereinafter provided. Debt, how incurred and paid. Sec. 329. If, at any time, the city council shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purpose for which such indebtedness is to be incurred, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of in- debtedness proposed to be incurred, the purpose or pur- poses of the same, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least three weeks in some newspaper published in such city, as often during said period as said newspaper shall be published; and no other question or matter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appear that not less than two thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be the duty of the city council to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same; and an annual tax shall be levied and collected upon all the real and personal property subject to taxation within such city, sufficient to pay the interest on such indebtedness as it falls due; and also to constitute a sink- ing fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council, in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such pur- pose, in addition to the taxes by this chapter authorized to be levied. Such tax, when collected, shall be exclusively appropriated to the payment of the principal and interest of such indebtedness, and the city treasurer shall be liable Act 2348, §§ 330-333 MUNI' IT \ L CORPORATIONS. W2 upon his official bond for any part of said fund otherwise used or appropriated. Separate fond. 'I be the doty of the eity council before levying the annoal city ,:1N - to establish, by ordinance, separate funds, representing the several funded obliga- , ii' .- 1 1 1 \- . and the several departments r< quiring municipal expenditures, including a general fund, and the perc< said levy shall be named fox each fund, and the whole amount of taxes and revenues of the city apportioned accordingly, and do transfer shall be made :t of balances in exeess, oz from the general fund tn meet defl< t to provide to* the redemption of 'iiy I Is ed iii'h bto on paid. 331. Any city having a bonded indebtedness, con- tract. ■>! under laws heretofore passed, shall levy such taxes for the payment of Buch indebtedness, and the interest thereon, as ;irr ] >r>\ i
  • < m..re than twelve dollars nor be less than eight dollars for such persons so lie - 733 MUNICIPAL COP.POUATIOXS. Aci*23iS, §$ :j:J4^7 Widening streets. Sec. 334. The city council is empowered to open, ex- tend, and widen streets, and to modify the boundaries thereof within its corporate limits, and to determine the property benefited thereby, and to assess the expenses of such improvement upon the property benefited, as herein- after provided. Proceedings, how commenced. Sec. 335. All proceedings under said power shall be com- menced by petition of five or more residents and freeholders within the city, signed by the petitioners, addressed to the city council, and filed with the clerk of said council. Such petition shall contain; 1. The names of the petitioners, and a statement that each of the petitioners is a resident and freeholder within the city; 2. A statement that, in the opinion of the petitioners, the public interests require that the improvement asked for (describing it generally) should be made; 3. A request that the council proceed to order the im- provement made. Duty of council. Sec. 336. At the regular meeting next after the meet- ing at which the petition is presented to the council, or at any subsequent meeting to which the proceedings may be regularly adjourned, the said council may, by resolu- tion duly passed, determine the lands to be benefited by the improvement asked for in the petition, and to be assessed for the expenses thereof. Said resolution shall contain a description of each lot, piece, or parcel of laud necessary to be taken and condemned for such improve- ment, and shall also specify the exterior boundaries of the district of land benefited thereby, and to be assessed therefor, and shall direct the city engineer to mak. a sur- vey and map of the lands described in the resolution, a copy of which resolution shall be forthwith transmitted by the clerk of said council to the said city engineer. Duty of city engineer. Sec. 337. It shall be the duty of the city engineer, immediately upon receiving a copy of the resolution men- Act 1348. $ i 33$, «S» MUNICIPAL CORPORATIONS. TS4 tioned in section four, to survey the lands described in said resolution and make a map thereof, and to return said map to said council within twenty (20) days from the receipt by him of said copy of the resolution; said map shall show each piece, tract, or parcel of land neces- sary to be taken and condemned for said improvement, and also the exterior boundaries of the district to be benefited by such improvement and to be assessed on ac- count of the cost and expense! thereof, aa declared in the resolution, and the area thereof, exclusive of public, streets and alleys. Said city engineer shall have the right to enter upon the lands and make examinations and surveys thereof, and such entry shall constitute no cause ol action in favor of the owners of said lands, except for injuries resulting from negligence, wantonness, or malice. Preliminary resolution. 338. The council, at its regular mooting next after the return of the map by the city engineer, shall pass a preliminary resolution, declaring the intention of the cor- poration to make the improvement asked for in the peti- tion. Sniil resolution shall contain a description of each piooo, lot, or tract of land necessary and Bought to be taken ami condemned for the improvement, and also the •ior boundaries of the district of lands to 1>.' benefited theroliv, ami assessed Cor tin- expenses thereof; the r. lution shall also Specify a time', not more than fifteen (15) days from the passage thereof, for the hearing by said council of objections to the proposed improvement, ami said resolution shall be publishetl in at least ono daily paper printed and circulated in the city, elaily (Sundays and non- judicial days excepted), for at least ten (10) days prior to the time fixed for said hearing. Objections. Sec. 339. If a majority of the owners of the lands in area to be assessed for the' , xponses of said improvement shall, on or before the day fixed by sait>' ol all its members, a.ppru\ed by the mayor, 785 MUNICIPAL CORPORATIONS. Act 234S, §§ 340-342 proceed to cause such improvement to be made, notwith- standing such protest. Final resolution. Sec. 340. If the owners of a majority in area of the property to be assessed for the expenses of said improve- ment fail to appear and protest as provided in section seven or if the council, by a unanimous vote, approved by the mayor, order said improvement to be made, said council' must immediately pass a final resolution, declaring such deter- mination. Such resolution shall refer to the said prelimin- ary resolution, by its number, for a description of the lands necessary and sought to be taken and condemned for said improvement, and the district to be assessed for the ex- penses thereof. Uommissioners to assess damages. Sec. 341. Immediately after the passage of such final resolution, the council shall apply to the superior court of the county in which such city is situated, either in term-time or vacation, by petition, for the appointing of three commissioners to assess the compensation which shall be paid to the owners thereof for the lands sought to be taken for such improvement, and to assess upon the prop- erty within the district to be benefited thereby the costs of such improvement. Said petition shall recite all the proceedings had in the premises, and shall specify the ex- terior boundaries of the lands sought to be taken, and also the exterior boundaries of the district of lands to be bene- fited thereby, and assessed for the expenses x herecf. A copy of the map made by the city engineer shall be annexed to said petition, and may be referred to in the petition for a description of the lands aforesaid. Duty of court. Sec. 342. Upon thing such petition, such court shall pass and take such jurisdiction of such proceeding, and such court, or a judge thereof, shall, by order, fix a day for the hearing of such petition, which shall be not less than ten, nor more than twenty days from the date of such order. Such order shall further direct notice of the time and nlace of such hearing to be given by the clerk by pub- lication in two daily newspapers published in such city, Gen. Laws- 50 IRATTON8. TO and designated in such ord< r, fur at least a pt riod of ten days i Requisi! h notice shall specifv the exterior bound- aries of the lands aengn.1 improve- the landi I thereby and !. and >«h:i li fur- ther Btatc tl which the owner or ow •i !nav b I for the • "ill be inquired into and determined, and that - if the proceedings for .irin£ titl<> to such ]nne appoint. .1 by such court, on the day fixed by such order for the hearing. Such notice shall shod Mr any person interested touching the ilarity of the _'s, and If satisfied that the pro- r, shall appoint three competent and di^tinti r ■ The eourl any tim< fot c:iuse. apoo ring, :ind mny fill the vacancies raong them from any cause. Any persons in- t » r. - . ■ ■ i may object to the appoint uu-nt of any person as commissioner, on one or nior< of the groundB specified in ix hundred and f»Tty*ane of the Code of ''ivil Pro- eedure, as grounds for the objection to the appointment of Duty of commissioners. shall ho sworn to faithfully perform th.ir d.. rding to the proTisions of this ehaptt r. They shall then proc< ed to view the lands d&i n- tioned and described in such resolution and petition, and may examine witnesses on oath, to be administered by any one of them, and shall keep minutes of the testimony so taken; they shall ascertain and appraise the value of the 787 MUNICIPAL CORPORATIONS. Act L'34S, § i« property sought to be taken for the improvements, and of all improvemtnts thereon partaking of the realty, and of each and every estate therein; if it consist of different parcels, the value of each parcel and each estate, or inter- est therein, shall be separately appraised; if this prop- erty sought to be taken constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned or taken, by reason of the sev- erance from the portion sought to be taken, and the con- struction of the improvement in the manner proposed shall be appraised by said commissioners; they shall also as- certain and determine, as near as may be, the entire costs of the proceedings for the opening, extension, or improve- ment aforesaid, including the costs of court and of com- missioners; they shall then proceed to apportion and as sess the whole amount of such costs and expenses, value of property sought to be taken, and damages to property not taken, upon the property within the district declared b* the resolution of the council to be benefited by said im- provement, and shall assess each tract, lot, piece, or pareei of land within said district in proportion to the benefits received by it from said improvement. "Report. Sec. 346. The said commissioners, within a time to be fixed by the court, shall make a report of their proceed- ings, under their hands, or the hands of a majority of them, to the said court, in which report they shall describe, with common certainty, the several parcels of land sought to be taken for such improvement, and the names of the owners thereof, respectively, so far as they can be as- certained, designating unknown owners, if any such there be, and the sum of money which should be paid to each of said owners, as his or her compensation for the land necessary and sought to be taken and condemned for such improvement, or of his or her estate, therein; and in case only a part of a larger parcel has been taken for such improvement, and the remaining portion is damaged or benefited thereby, they shall describe such remaining por- tion, and specify the sum to be paid or assessed to the owner thereof, or such damages or benefits as the case may be; they shall also describe, with common certainty, the several parcels of land within the district deemed to be benefited by said improvement, and the names of the own- ers thereof, so far as they can be ascertained, designating Act 848, §5 MT ISO MTJ1 788 unknown If such there be, n n<»g- 11. aril Bee, 'i tlio day fixed for the hearing, the court shall proceed to hear any person interested upon any i Hon touching I I the proceedings^ thi suffi n awardi -I, or the iu^t ii-<- nr ■ .1 may eonfinn sai.l report . oi remand the tame for correction ion in any particular. If the reporl be sel aside, matter may in like manner l"- referred to the same ox rt, who shall pro- as hereinbefore provided; if I I be remanded, Lt si or I tered in any particular required by the court. Compensation of commissioners. Bee, 849. The commissioners shall be entitled to rea- omp< Deal r their to be c< rtified to and taxed as part of the expenses of the pro- ng. Judgment, what to contain. n confirmation of the report of th< ion- rs, judgment shall be rendered by the eonrl thereon, which judgment must describe each panel of land taken for Buch improvement, and the amount to which the owner is entitled as compensation or damages for the taking thereof, and the nam.- of such owner or owners, U known; and in .-as. only a portion of a larger pare 1 n taken, such judgment must d< BCribe such remaining por« and the amount, if anything, to which the owner tin ] titled as dam _■• a; and must ■ i land assessed for the expenses of such iiu- 789 MUNICIPAL CORPORATIONS. Act 2318, §§ 351-355 provement, and the amount so assessed upon each parcel respectively. Such judgment shall direct a sale of each par- cel so assessed, or so much thereof as may be necessary to pay the amount of such assessment and expenses of sale, and the application of the proceeds of such sale to the pay- ment of the expenses of such sale, and the amount of com- pensation and damages awarded by such judgment. Such judgment shall be a lien upon the property against which such assessment is made, and may be enforced by a sale of the property assessed, as hereinafter provided. Enforcement of judgment. Sec. 351. Within thirty days after the entry of such judgment, the persons liable must pay to the clerk of the court, for the benefit of the parties entitled thereto, the several amounts specified in such judgment, in default of which the- respective parcels of land upon which such assessments have not been paid shall be sold by tne sheriff of such county under a certified copy of such judg- ment, and in the manner provided by law for the sale of property upon decree of foreclosure of mortgage. Money, to whom paid. Sec. 352. The moneys realized from such sale shall be paid by the officer making the same, to the clerk of the court, for the benefit of the parties entitled thereto. Final order. See. 353. Whenever the aggregate amount of damages or compensation awarded by such judgment shall have been paid to the clerk, either by voluntary payment or as moneys realized from 3ales under such judgment, the court must make and enter a final order or decree of condem- nation of the lands taken for such improvement, which order or decree shall describe the property condemned and the purpose of such condemnation. When title vests. Sec. 354. A copy of such order or decree must be filed in the office of the recorder of such county, and thereupon, the property described therein shall vest in such city for the uses and purposes therein specified; and such city shall be entitled to and may take immediate possession thereof. Payment of awards. Sec. 355. Whenever the aggregate amount of damages or compensation awarded by such judgment shall have Act 2M8. {{ 3^6-070 HVtil T8Q come to the liar. Is of t In- clerk, he shall, anon the ■ !■ ■i of any amount awarded to him 01 • ut. I timant. s. re than om claimant to any 1 of land b m< at, oz if the owner of anj parcel la ti ti kn«>\s mount aw damages or < iking thereof Buall main in court to rded to tLe true owner by diu process of law. Apj" Bee, 85T. Any party filling by any pi r< La pr.i\ . . Appoints Ilea. The city council shall net • to ap- point a amber of 1" • qnal * be populal ion "i" such city. No policeman oi »f the ti' -ha.il . . il from < . r «It r anil d timi of tiic mayor, and after charge* in writ. made agaissj him. bees I ■ n r«l in public in ti nei to b< scribi.il by ordinal Bupply ' - and water pipei laid in any macadamized, >t . nraai be of raffletent capa- city to afford a fre< supply the 'list i : - • 1 i « (1 by such From which sitv and Bhall 1" made by m i r, an.l approved bj the council. It Bhall be : for I Ing of gas and v - in tin public Article IV. — Executive 1>i partmrnt. E>Qty of mayor. 370, The mayor shall preside at all meetinsja of th<- (.•it v council, but I pro t. m j. orv to preside during his absence. 11< shall commas 791 MUNICIPAL CORPORATIONS. Act 234S, §§ 371, iVZ to the council semi-annually, or oftcncr if necessary a gen- eral statement of the situation and condition of the city, to- gether with such recommendations relative thereto as he may deem expedient. He shall be vigilant and active in causing the ordinances of the city to be executed and enforced. He shall be the head of police, and shall ex- ercise a supervision and control over the conduct of all sub- ordinate officers, and receive and examine into all com- plaints preferred against any of them for violation or neglect of duty, and certify the same to the council. He shall sign all ordinances and contracts made on behalf of the city, and countersign all licenses and warrants on the treasury. He shall keep accounts current with every officer charged with the receipt or disbursement of money, and perform all the duties of an auditor. He shall perform such other duties as may be prescribed by law or ordinance. Allowance of demands. Sec. 371. Every demand upon the treasury, except for the salary of the mayor, must, before it can be paid, be presented to the mayor, to be allowed, who shall satisfy himself whethei the money is legally due and remains unpaid, and whether the payment thereof from the treasury of the city is authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word ' : Allowed, " with the name of the fund out of which it is payable, with* the date of such allowance, and sign his name thereto; but the allowance or approval of the mayor, or of the city council, or of any other board or officer, of any demand which upon the face of it appears not to have been expressly made by law payable out of the treasury or fund to be charged therewith, shall afford no warrant to the treasurer or other disbursing officer for pay- ing the same. The demand of the mayor for his salary shall be audited and allowed by the president pro tempore of the city council. Duty of chief of police. See. 372. The chief of police shall execute, within the city, and return all process issued and directed to him by the city justices, or either of them, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the council, and take them before the proper magistrate within the city; and do and perform such other duties as may be prescribed by ordinance or may be required by the mayor. ■ tendent. • roperinti ! l.v hire, shall have th< same I and find eopi i from, 3nly certified, ritb *ho aann affect jhall, during all hours I ' • eitiaen mailing to examine tin in. fr Offic at. ill keep a pub ]i.- ofTrce in led by the city council, nml such r< cords ns m [aired bv law. Tic sir,' and direct the al I all ■ shall be paid OOt r • nt fund, and p< rfonn all «l«i t ':< i I by law or ordinance of such mperintendent. 8T5. Tt thai] ' ity of the street snperinten hat the 1 ..• public Street* and highways are folly carried int.. ;tion. nn.l thai the penalties therefoT are regularly reed. He shall keep himaelf informed of the eondl tion of nil pnbli and highways, and also of all public buildings, parks, lots, and ground of the city, as may ibed by I acilj and should he fail to see the • . rs. and regulations relative to the public Str and highways carried into execution, aft I from tiny '' a violation tin not", he and his Sureties shall be liable opon his official bond to any person injured in person or prop* rty i No recourse on city for certain dam . •- ld< d Str public highway, improved nnder the • - of this chap- lir, and in a condition to en. I. persons 01 animals passing therein, any person while • fully using such street or public highway, and i ordinary care to avoid sucb d r the good government of U and tl,, proper adaui stratien 'lie interest, and shall ribe tli> ir duties tad ' Bae, and tix tin ir ruin- pensati'Mi. Artirl. V. I rtimnt. P.) ] i r-. rmirt. The judicial i awi r of the in :i pol •,. mi, to b( '' of said « - i t \ ' ■ I SUCh di natii i ich city . in addition [aired of then by l:iw, to lio l • l - i court. Jurisdiction. 891. The police court shall have exclusive juris- diction of the following pubUe inittad i:i city: l. I', tit lara i ry, not charged to have beea cammitted n a public offti ■• ■' ■'. or with intent to kill; ::. r.r. aoh< B "f tin pet g will- ful injury t>> property, and all mil its punish 1>\ fine >>r l>y Lsapriaoament, or by l>"th such One aad tn> nt ; i. (>f jr respecting vagrants, letwd or disorderly DBS. Jurisdiction. s.r. 392. Said c>urt shall also have exclusive jurisdic- tion of all proceedings for violation of any ordi said city, both civil and criminal, :iud of an action f'>r the ell, ny license rcjuind by any or.i city. Justices inhibited in certain cases. Sec. 393. Neither "t" Baid justices shall sit in cases in which he is a party, or in which In >r win re be is r< lated to either party b within the third degree, and in . >s or in- 793 MUNICIPAL CORPORATIONS. Act:. ability of the city justices, either of them may call in a justice of the peace residing in the county to act in his place and stead. Powers of justices. Sec. 394. Each of the city justices, while acting as judge of said court, shall also have power to hear eases for examination, and may commit and hold the offender to bail for trial in the proper court, mil may try. condemn, or acquit, and carry ^is judgn ".t into execution as the ease may require, according to law, and punish persona guilty of contempt of court; and shall have power to issue warrants of arrests in case of a criminal prosecution for a violation of a city ordinance, as well as in ease of the violation of the criminal law of the state; also all sub- poenas, and all other processes necessary to the full ami proper exereise of his powers and jurisdiction; and in such of the cases enumerated in this section in which trial by jury is not secured by the constitution of the state, he may proceed to judgment in the first instance without a jury, but on appeal the defendant shall be entitled to trial by jury in the superior court. Clerk of court. Sec. 395. The police court shall have a clerk, to be appointed by the city council, upon the nomination of the mayor, who shall hold office during the pleasure of the council. The clerk shall keep a record of the proceedings of and issue all process ordered by the city justices, or either of them, or by said police court, and receive and pay weekly into the city treasury all fines imposed by said court. He shall also each month render to the mayor (as auditor) an exact and detailed account, upon oath, of all fines imposed and collected, and all fines imposed and un- collected, since his last report. He shall prepare bonels, justify bail, when the amount has been fixed by cither of the city justices or said court, in cases not exceeding one hundred dollars, and may administer oaths. The clerk shall remain at the courtroom of said court during busi- ness hours, and during such reasonable times thereafter as may be necessary for discharging his duty. Before re- ceiving his salary, each or any month, he shall make and file with the auditor an affidavit that he has deposited wirh the city treasurer all moneys that have come to his hands belonging to the city. Any violation of this provision shall be a misdemeanor. He shall give I bond in the sum of I -lollnrs. with at 1. :i ■ tic approved by the mayor, conditioned for the faithful dis- charge of the duth s of his office. Disposition of mom Sec. 896. All fines and other moneys collected on be- half of I ■ ■:: the police OOlirl shall be paid into the city treasury on the first Tnesd ton month; and all - dm flu ',i court shall city council saofi month. Dockets. :'.'7. Th.- city Council shall furnish a soil foi the holding >•• rt. and -Kail also furnish the neeeasary dockets and blanks. <>ne docket shall b< styled "The < ity Criminal 1' in which nil the criminal business shall be r rded, and each case shall be alpha* helically indexed; another docket shall be styled " City Civil Docket," and it shall contain each and every civil in which the city is a party, or which i- prosecuted or defended for lor ii d each case shall be prop- erly indexed. A third docket shall contain all the other aess appt rtaining to the office of said '-ity justice, am! in all eases ' ; ' Shall itain all BUCh intries as arc by law to be made iii justices' dockets; ami in any ease tried 1" lore the court, the docket must show what duties were performed by any officer of the court, and the amount of the fees due to the officer tor , and what amount of money, if any, collect' d. Court, when open. Sec. 3V»S. The police court shall be always open, except upon nonjudicial days, and th< n for such purposes only .,, by law permitted or required of other courts of this state. Appeals. Sec. 399. Appeals may be taken from any judgment of said police court, to the superior court of the county in winch such city may In situated, in the satm manner in which appeals are taken 1'rom ju >urtS in li 797 MUNICIPAL. CORPORATIONS. Act 234S, § § 400-410 Place of imprisonment. Sec. 400. In all cases of imprisonment of persons con- victed in said police court of any offense committed in the city, the persons so to be imprisoned, or by ordinance re- quired to labor, shall be imprisoned in the city jail, or if required to labor, shall labor in the city. Seal. Sec. 401. Said court shall have a seal, to be furnished by the city. Monthly report. Sec. 402. The city justices shall, on the first Tuesday of each month, make to the city council a full and com- plete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be en- tered in the city civil docket, or the city criminal docket; such report to be made upon blanks to be furnished by the city council, and in such form as they may require. Transcripts and warrants. Sec. 403. Certified transcripts of the dockets, made by the clerk of said court, under the seal of said court, shall. be evidence in any court of this state of the contents of said docket; and all warrants and other process issued out of said court, and all acts done by said court, and cer- tified under its seal, shall have the same force and validity in any part of this state as though issued or done by any court of record of this state. Article "VT. — Educational Department. Board of education. Sec. 410. The government of the school department of the city shall be vested in a board of education, to con- sist of seven members, to be called school directors. One school director shall be elected from each ward at the regular municipal election, by the vote of the city at large, and shall hold office for the term of four years, and until his successor is elected and qualified; provided, that the first board of education elected under the provisions of this chapter shall, at their first meeting, so classify them- selves by lot as that three of their number shall go out of office at the expiration of two years, and four at the ex- piration of four years. Act 2348, §§ 111. -112 MVM''il'.\l, CORPORATION* 7W Organization. •. 111. The board ■ •ion shall meet on the first Nfonday after their election, and eleel dm of their num- )" i pre* dent, and BhaiJ bold meetings ;it hast once in each month thereafter al neh kit all be a e te rtmn ed by a rul<- of rd. A majority of all Mm members elected shall constitute a qnorom for the tranaaetion of business, but a smaller nnjnber may adjoorn from time to time. The board may determine the rules of its pro- en. Iin^'-. shall lie pablie, and its records shall l>e open to public Inspection. The board shall also have pom r '" fill all vacancies occurring in the board until lar municipal eh ction. I'oWer of I Sec. -11'-'. The board of education shall hn\r boIo power: 1. To establish anil maintain public schools, and to es- tablish school districts, and to lix and alter the boundaries then II m | .I- 2. To employ and dismiss teachers, janitors, and school- nis marshals, and to \)\. alter, allow and order paid their sal: n. and to employ and pay such mechanics and laborers as may be necessary to carry into \ . rs and duties of I, and to Withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid. Regulation of schools. 3. To make, establish, and enforce all necessary and ;, roper rubs anil regulations, not contrary to law. for the rnnient and progress of public schools within the city, the teachers thereof, and the pupils tin rein, and for car- rying into effect the laws relating to education; also to tblish and regulate ■•' schools, and determine wu;i , tdy, and mode of instruc- tion shall be used In said schools. Supplies. t. To provide for the schoo] department of the city fuel and lights, water, blanks, blank books, printing anil Ti9 MUNICIPAL, CORPORATIONS. Act L'34S, § 4V2 stationery, and to incur such other incidental expenses as may be deemed necessary by said board. Building and repairs. 5. To build, alter, repair, rent, and provide schoolhouses, and furnish them with proper school furniture, apparatus, and appliances, and to insure any and all such school property. To hold property in trust. 6. To receive, purchase, lease, and hold in fee, in trust for the city, any and all real estate, and to hold in trust any personal property that may nave been acquired, or may hereafter be acquired, for the use and benefit of the public schools of the city; provided, that no real estate shall be bought, sold, or exchanged, or expenditures in- curred for the construction of new schoolhouses without the consent of four members of the board of education and four members of the city council; and provided fur- ther, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots, or the erection of schoolhouses; and the city council of the city is hereby authorized and required to make over to said board of education, upon application in writing by said board, through its president and secretary, by good and sufficient deeds of conveyance, all property, both real and personal, now ' held by said city council in trust for the city for the use and benefit of the public schools; and the said board is hereby authorized to defray all ex- penses attending the same. To improve property. 7. To grade, fence, and improve all school lots, and in front thereof to grade, sewer, . plank, or pave and repair streets, and to construct and repair sidewalks. To sue and defend. 8. To sue for any and all lots, land and property be- longing to or claimed by the said school department, and to prosecute and defend all actions at law or in equity necessary to recover and maintain the full enjoyment and possession of said lots, lands, an.! property. To estimate money needed. 9. To determine annually the amount of money required for the support of the public schools, and for carrying into Act 2348, § in I. CORPORATE S00 effeel all the provisions <>f law In reference thereto; and in pursuance of this provision the board shall, on or before tin first Monday in February of each year, submit In writ- ing to the eity council a careful i of the whole amount of money to l" received from the state and county, and the amount required from the eity for the above pur- i, ami the amount so found to l" required from the eity shall, by th< souncil, be added to the other ami. nuts t.i be Bssessed and collected for eity purposes: pro- vided, that the amount to be thus assessed for school pur- pose! shall not ezeeed thirty seats b one hundred do! tare valuation opon thl "nut roll, but may be in- to forty eents by ■ I two thirds of the oity cil, and that when collected it shall be Immediately paid into the school fund, to be drawn uut only upon tin- order of the board of educa ti on. Disburse meats, 10. To establish regulations for the just and equal dis- bursemeal of all moneys belonging to the public school fund. Demands. 11. To examine and allow, in whole and in part, every tnd payable out of the school fund, or to reject aay such demands for good causa; Incumbrances. 12. To discharge all legal Incumbrances now existing, or which may hereafter exist, upon any school property. Age limit. 18. To prohibit any child under six years of age from attending the public schools. Other acts. 11. And generally to do and perform such other acts as may be necessary and proper to carry into force and effect the powi rred on said board, and to increase the efficiency of the public schools in said city. Oaths on demands. Sec. 413. The president of the board of education shall have power to administer oaths and affirmations concern- 801 MUNICIPAL CORPORATIONS. Act 234S, §§ 414-4U ing any demand upon the treasury payable out of the school fund, or other matters relating to his official duties. Contracts. Sec. 414. All contracts for building shall be given to the lowest bidder therefor offering adequate security, to be determined by the board, after due public notice pub- lished for not less than ten days in one daily paper of the city. No director or superintendent to be a party. Sec. 415. No school director or superintendent shall be interested in any contract pertaining in any manner to the school department of said city. All contracts in viola- tion of this section are declared void, and any director or superintendent violating or aiding in violating the pro- visions of this section shall be deemed guilty of misde- meanor, and shall be punished by fine of not less than one hundred dollars nor more than one thousand dollars. City board of examiners. Sec. 416. No teacher shall be employed in any of the public schools without having a certificate issued under the provisions of this chapter. For the purpose of grant- ing the certificates required, the board of education shall appoint a city board of examination. The city board of examination shall consist of the school superintendent and four other persons, residents of such city, at least two of whom shall be experienced teachers. The members of the city board of examination shall receive for their services such compensation as may be fixed by the board of educa- tion. Such city board of examination shall have power: Rules. 1. To adopt rules and regulations not inconsistent with the laws of this state for its own government, and for the examination of teachers. Examination. 2. To examine applicants, and to prescribe a standard of proficiency which will entitle the person examined to a certificate. Certificates. 3. To grant city certificates of three grades: Gen. Laws— 51 Act 2348. §§ 417-U'J MUNICIPAL CQRPOKATftOtttll *£. 1. High-School certificates, \alid for six years, and au- thorising tin- holder to teach any primary, grammas 1 , or high school in such eityj 2. city certificates, firs! grade, valid for four years, and authorizing the bolder to tench any primary or grammar Bchool in such v certifl mcl grade, valid for two years, anil authorizing the holder t<> teach any primary school in such city; I. Withoul examination, to grant city eertifieatea and fax the grade thereof to the holders od Kfe diploma*, state educational dip: ;>• normal-school .diplomas, state imi vi raity diplomas (whin recommended by the Bao- ulty id* the univi rsit granted in other eities i>t' I . and life diplomas, and state normal-school di| 5. To r< soke ■ ' for unmoral or ur conduct, profanity, int< evident uuutntsa for granted by them. ■ ary. 117. The school superintendent shall act as secre- tary and bookkeeper of the board of education, and p< r- form all clerical duties required by such board. In the absence of the superintendent, the board of education may appoint one of their own number to act as secretary. The ol sup. rintendent b ay appoint an assistant at a sal- ary of one hundred dollars p. r month. The superintendent may, for a good and suffic . provisionally suspend any teacher employed In the schools of such city until next uniting of the board of education. Superintend) nl 's r< S. ,-. lis. The superinti nd. nt shall report to the board of i din a' a annually, and at such other times as tiny may riipiire, all matters pertaining to the expenditures, income and condition and progress ot the public schools aid city during the preceding year, with such raanm- i.ations as he may deem prop, r. Duty of superintend) nt. S,c. ll'.i. It shall be the duty of the superintendent to visit and examine each school at leasi once a month, to Observe, and hi obsei .ral rules for the regulation and government and instruction of the 803 MUNICIPAL, CORPORATIONS. Act 2S4S, §9 4*MIB schools, not inconsistent with the laws of the state, as may be established by the board of education; to attend the sessions of the board, and inform them at each ses- sion of the condition of the public schools, schoolhouses, school fund, and other matters connected therewith, and to recommend such measures as he may deem necessary for the advancement of education in the city. He shall acquaint himself with all the laws, rules, *and regulations governing the public schools in said city, and the judicial decisions thereon, and give advice on subjects connected with the public schools, gratuitously, to officers, teachers, pupils, and their parents and guardians. Vacancy. Sec. 420. In case of vacancy in the office of superin- tendent, the board of education shall have power to fill the vacancy until the next ensuing municipal election. School fund. Sec. 421. The school fund of the city shall eonsist of all moneys received from the state school fund; of all moneys arising from taxes which sha, 1 ! be levied annually by the city council of the city for school purposes; of all moneys arising from the sale, rent, or exchange of any school property, and of such other moneys as may, from any source whatever, be paid into said school fund; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. If, at the end of any fiscal year, any surplus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal year, and shall not be, for any purpose what- ever, diverted or withdrawn from said fund, except under the provisions of this chapter. School fund, how expended. See. 422. The said school fund shall be used and ap- plied by said board of education for the following purposes, to wit: 1. For the payment of the salaries or wages of teachers, janitors, school-census marshals, and other persons who may be employed by said board; 2. For the erection, alteration, repairs, rent, and furnish- ing of schoolhouses; %. For the purchase money or rent of any real or per- sonal property purchased or leased by said board; Act 23«. 55 423-12: MUNICIPAL CORPORATE JW4 ). Pot the insurance "f .'ill property; 5. For tin discharge of all legal Incumbrances on any - ' • 1 1 r. 1 1 1 propi rty ; 6. For ligbtil 1 rooms an.l t ; ml rooms of perintendent and board of education; 7. For supplying th>- schools with fuel, water, apparatuu, blanks, blank-books, ami m eesaary school appliances, to- gether with bo«ks for indigent children; 8. For supplying hooks, printing and stationery for tin lent anil hoard of education, ami tor tin- incidental of the board and department; 9. For the payment of the salary of the superintendent and a [.<-riiit.il • 10. For grading and Improying all school lots, and for grading, sew< ring, planking, or paving ami repairing ami constructing and repairing stdewalka in front th< of. < 'laims. 188. All claims payable out of the school fnn.l shall lie Mini with the secretary of the board, ami after they shall have imn approved by a majority of all the men I of said board, upon a rail of the ays ami iii m s. which shall be recorded, they shall ed by the president of the board ami by the ndent, and !>.■ ity treasurer. Every demand shall have in- dorsed upon it a certificate of its approval All demands for salaries shall be paid monthly. Debt not to he in ime. 184. All .lomamls an' by this artiele shall be paid by the city treasurer from the gehool fuml. when the same shall l>e presented 'o him, ordered paid, an.l ap- proved by the board; provided, that the said board sh.nll not have power to contract any debt or liabilities, in any form whatsoever, against the sai.l city, in contravention of this article, or exceeding in any year the income ami r> v emie provided for thf school fund for such year. Auditor to certify. It shall be the duty of the auditor of the rountv in which any such city may be situated, upon the lirst Monday iii each month, and at such other times at may deem proper, to certify iu duplicate to the supenu- 805 MUNICIPAL, CORPORATIONS. Act 2348, §§ 426-501 tendent of schools of such county, the amount of school moneys at that time in the county treasury, and the amount received during the previous month. The county superintendent shall, upon 'receipt of such certificates, in- dorse upon one of them the amount of such moneys to which the common schools in such city are entitled. The certificate so indorsed shall at once be returned to said auditor, who shall direct upon the same the county treasurer to pay the sum designated upon such certificate to the treasury of such city for the use of the school fund there- of. Treasurer to pay. Sec. 426. The treasurer of such county shall thereupon pay to the treasurer of such city the sum directed by the auditor as above provided; and when said moneys are placed in such city school fund, they shall be used in pre- cisely the same manner as moneys raised by city school taxes in such city; provided, that the entire revenue de- rived by such city from the state school fund, and the state school tax, shall be applied by said board of education ex- clusively to the support of primary and grammar schools. CHAPTER TV. MUNICIPAL CORPORATIONS OF THE THIRD CLASS. (A charter for cities having a population of more than 15,000 and not exceeding 30,000.) Article I. — General Powers. Third class. Sec. 500. Every municipal corporation of the third class shall be entitled the city of (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and all proceedings whatever: shall have and use a common seal, alterable at the pleasure of the city authorities, and may 'purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common bene- fit. Article II. — General Provisions Relating to Officers. City, officers. Sec. 501. The government of such city shall be vested in a mayor; a common council, to consist of seven alder- Act 23JS, §5 X:-504 lCTXICIPAL CORPORATIONS SW mm; a board of U, to consist of seven school directors; :i police ju< i jj'- ; an ass — >r; a dirk, who shall \ -officio auditor; :i treasurer; :i superintendent of streets; a tax and lie< i Elector; a city at- torn, ich other and inferior officers as the somnsM council may appoint. ion and tenu- ■. 508. The aldermen, mayor, police judge, city at- 1 •■ elected by th( qualifii 1- <■- ici city, ral muni. m to be held therein on thi Tuesday in March, in each even-num- bered y< mayor, police judge, city attorney, and- -hall hoi.' from and after the ' .lay of Bucfa • tion, and until their - and qualified. Tin • immon council an.l board of educa- tion shall hold office for the period of four yean from anil after the Monday next succeeding the flay of such election, and until tin 1 ami quali- fied; I, that the first common council fleeted un- h and el Qtion eta ami polling-places; provided, that no j.art of any Ward less than the whole ti II In' attached to any other ward, or part thereof, in foi nets. At any municipal election the la r of the County shall be OSed, and any alcctor whose name is not upon ■neb printed register shall be entitled to vote upon prodni and filing with the board of election a certificate, under the hand and official Beal of tin county clerk, showing that his nam. tered and uncanceled upon the great register of such county, provided that he is otherwise entiUod to vote. Eligibility to office. 508. No person -hall he eligible to or hold any office in such city, whether filled by election "r appointment, uj he be a resident and elector therein, and shall have resided in Buch city for one year I ling the date of such election or appointment: provided, I provisions of this section shall not apply to school Superintendents or school teachers. One alderman and one school director shall be elected from each ward, and the per ted must be a resident of the ward from which he is so elected, ami continue to be such resid. nt during his t. nn of office, and if he shall f :i il i,, so continue a resident of such ward, his office shall, l,v reason thereof, immediately beCOmt vacant. library. ■i. The trustees of any free public library created or existing in Buch city under the provisions of an act en- titled "An act to establish free public libraries and reading- rooms," approved April twent] hundred and eighty, shall be appointed by the council in the same manner as oilier officers an- appointed under the provisions of this chapter, anything in the provisions of said act to the contrary notwithstanding. Article III. — Legislative Department. Common council — Aiei I 120, TI"' common council shall meet on the Monday next succeeding the date oi era! municipal election, 809 MUNICIPAL CORPORATIONS. Act 2348, §§ 521-523 and shall hold regular meetings at least once in each month, at such times as they shall fix by ordinance. Special meet- ings may be called at any time by the mayor, or by three aldermen, by written notice delivered to each member at least three hours before the time specified for the proposed meet- ing. All meetings of the common council shall be held within the corporate limits of the city, at such place as may be designated by ordinance, and shall be public. Mayor to preside. Sec. 521. At any meeting of the common council, a ma- jority of the aldermen shall constitute a quorum for the trans- action of business, but a less number may adjourn from time to time, and may compel the attendance of absent mem- bers in such manner and under such penalties as may be pre- scribed by ordinance. The mayor shall preside at all meet- ings of the council, and in case of his absence, the council may appoint a president pro tern. ; and in case of the absence of the clerk, the mayor or president pro tem. shall appoint one of the members of the council clerk pro tem. Eules. See. 522. The common council shall judge of the qualifi- cations of its members, and of all election returns, and de- termine contested elections of all city officers. They may establish rules for the conduct of their proceedings, and pun- ish any member or other person for disorderly behavior at any meeting. They shall cause the clerk to keep a correct journal of all their proceedings, and, at the desire of any member, shall cause the ayes and noes to be taken on any question, and entered on the journaL Light and water ordinances. Sec. 523. No ordinance, and no resolution or order for the payment of money, for granting any franchise, for lighting or watering streets, or for supplying water for municipal pur- poses, shall be passed by the common council on the day of its introduction, nor within five days thereafter, nor at any other than a regular meeting; and no ordinance, and no such resolution or order, shall have any validity or effect unless passed by the votes of at least four aldermen and approved by the mayor; provided, that if the mayor shall neglect or re- fuse to approve the same within five days, then the same may MUNICIPAL CORPORAT1 "W • . and shall then tak«; approved by the n ■ 'iiMn council of sueh city shall have power : 1. To pass ordinances not in conflict with the constitution and laws of thi - <>f the I - tU>s. To purehasOj l«-nse, or r and per- propertj nary or prepez lor municipal purp mtrol,
  • evey the aanM Bex tin benefit of the <'ity; provided, thai they shall not have r to sill oj • any portion of any water front. ■ supply. let, repair, and manngc pumps, aquc duel rs. ami other works necessary or proper for supplying the city with water. t. 'it. alter, open, keep open, improve, and repair streets, Bid* walks, alleys, bridges, squares, and r public highways and places within the city, and to drain, sprinkle, and light the Same; to remove all obstruc- tions therefrom; to establish tl thereof; to gi pave, macadamize, gravel, and curt] the same in irhole or in part, and I I ICt gutters. eulv< Its. sidewalks, and • walks therein or upon any part thereof; to cause to bo plat. 'Ut, and cultivated, slia>ie tries therein; and generally manage and control all sueh highways and pis 5. To construct and maintain drains and sewers. ESxtinguishmej I of (Ires. (3_ T u pro I all other necessary or proper and • Etinguiahnx at oi to sonatruct and maintain telegraph and telephone lines for and police pur, I'oll ■ 7. To impose 0B and oollecl from evi inhabitant between the ■'"" l sixty years an annual su MUNICIPAL CORPORATION'S. . Act 2348, § 521 street poll-tax not exceeding two dollars; and no other road, poll-tax shall be collected within the limits of such city. Dog tax. 8. To impose and collect an annual tax, not exceeding two dollars, on every dog owned or harbored w ; thii the limits of the city; and no other dog tax shall be collected within the limits of such city. Property tax. 9. To levy and collect annually a property tax, not exceed- ing one dollar on each one hundred dollars of the assessed, value of all real and personal property within such city, which said tax shall be apportioned as follows: For the general fund, not exceeding fifty cents on each one hun<S ar-- li . '.. .1. to levy a tax sufficient li purpose, in add the taxes by this ehapfc ■ . w baa . Bhall 1>> kept in I ite fund, riolably appropriated to the paymenl prin- cipal and Intereet of such ind< I Violation • Sec. 529l The violation of any ord f snob city shall med a misdemeanor, and may )»■ prosecuted by the authorities of such city in tho nam. of the people tifornia, or may be redressed by etvil ac- tion, at the option of said authorities. Any j.. rson ment for the violation of an ordinance may be imprisoned in the city jail; >>r. if the common council by ordinance shall ribe, in the county jail of the county in which such city may be situated, In which ruch imprisonment shall be a charge in fn\ ii county and -ach city. Ol Every act or thine; dome or >>• i n l: within the limits of Bueh eity, whieh is or DM I by law or by any or. linn; of men eity to be a aulaaaee shall be and is hereby declared to be a ouiamnce, and shall be considered and treated as such in all actions and and all remedial which ar.' or may riven by law for the prevention and abatement of nui- ■ s shall apply thew to. t work. Bee. 581. The common council are authorised ami cm- red to provide, by ordinance, a system for d 815 MUNICIPAL CORPORATIONS. Act 2348, § 531 any or all work in or upon the streets, highways, and pub- lic places of such city, and for matting therein street im- provements and repairs, and for doing any or all work au- thorized by subdivisions four and five of section five hun- dred and twenty-four of this act, and for the payment of the cost and expenses thereof, either by the levy and col- lection of special assessments therefor, in proportion to benefits, upon the property to be benefited thereby, or by payments made out of the road fund of such city, or by both; provided, that in all cases where more than one-half of the expense of any such improvement, except the con- struction of a sewer or drain, exceeding in amount the sum of one thousand dollars, is to be defrayed by special assess- ment, the common council shall first aelopt a resolution, which shall be entered upon their journal, declaring their intention to make such improvement, and fixing a time at which objections to the making of such improvement will be considered. Such resolution shall also designate the boundaries of the district to be affected or benefited by such improvement. Upon adopting such resolution, the common council shall give notice of such intention, which notice shall be published for twenty days in a newspaper printed and published in such city. Such notice shall de- scribe the improvement so proposed to be made, and state the estimated cost thereof, and designate the time set for such hearing, and shall refer to such resolution so entered upon the journal for such description of bound- aries. If, at or before the time so fixed, written objec- tions to such improvement, signed by the owners of two- thirds in value of the property so to be affected or bene- fited, as shown by the last preceding city assessment-roll, be not filed with the clerk, the common council shall be deemed to have acquired jurisdiction to order the making of such improvement. Any such special assessment made and levied to defray the cost and expenses of any such work, together with any percentage imposed for delin- quency and the costs of collection, shall constitute a lien upon and against the property upon which such assessment is made and levied, from and after the date of the order for such assessment; which lien may be enforced by a summary sale of such property, and the execution and de- livery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance. or by an action in any court of competent jurisdiction to foreclose such lien; provided, that any property sold to satisfy any such lien shall be subject to redemption within Act 2M8, § SM MUNICIPAL CORPORATIONS. «M the time and in the mnntirr provided, or thnt may here- after be provided by law for the redemption of property sold for taxes. Bight of way. Sec. 532. The common council are authorized and em- powered to provide by oidinance for the establishing, lav- ing nut, extending, and widening streets and Other pub- lie highway! and city, rind Cor taking privi iking private prop, rty lor the purpose of rights of way for dr rerB, and aqueducts, and for th< purpose i i id straighten- ing the chain reams, and the improvement of n fronts; hut 00 private property or right of Way over or through tho same shall be taken without the consent 61 the owner thereof until ■ just compensation for the smth.' shall be ascertained and paid to such owner, or into court foi his use. It" the owner of any | land pro] to be taken for any such improvement shall be dissatisfied with the amount of compensation awarded by said council for the taking of such parcel, h< may, within twenty r the date of such award, commence an i linsl such city in any court of competent jurisdiction within the city, township, or county, t. l< w. and col taction of 8tato and county t (he times for such nsscs«- mrni, levy, and collection, and i ra rjy whom such dutif all i ssiry and «1< i ds therefor, under such regulal be preaeribed by ordinance, ur b any cnirt of competent jurisdiction To lose such !ii : fled, thai any property aoH (oi such taxes shall be subject to redemption within the time and in tin manner provided <»r that may hereafter be provided by law for thi redemption of property sold for .Ml deeds made upon any sale of property for taxes or Bpeeial aeaeaaments under ehaptei shall have the same force and effed in evidence as is or may hereafter be provided by far deeds for property sola for non-payment of state or county taxes. Laws eonei rning indebtedneea to continue in force. i. No money shall be expended or drawn out of the street fond for any but Btreet and sewer purposes, and shall be expended or drawn out of the school fund fOT ai. ttOOl purposea Whenever any city organizing under this act has a bonded indebtedness con- tract, d or issued under any law of this state, all the pro- l such laws in regard to the levying, collection. I taxes and revenues for the payment of gnea indebtedness and the interest thereon, shall continue in force, and the taxes levied and r< venues raised for the payment of the interest and principal of such Indel 9 shall be in addition to the t:iM< provided by section five hundred and twenty-four of this act, and the common council oi Baid city, organizing under this act, is hereby au- thorized and empowered to levy and collect such taxis a..d apportion such revenues for the payment of such indebt- edness and interest, In addition to the limit of taxation Deri prescribed in this act; and nothing in this chapter shall be construed to prevent any city from levying and collecting th< ithorized by the act entitled, • • \„ act to establish free public libraries and reading- approved April twenty-sixth, eighteen hundred and eighty, in addition to the taxes herein authorized to be 819 MUNICIPAL, CORPORATIONS. Act 2IM8, § § 535, 536 levied and collected. All moneys received from licenses, and from fines, penalties and forfeitures, shall be paid into the general fund. River improvement. Sec. 535. The common council may also levy and cause to be collected, in each year, in addition to the taxes herein authorized to be levied and collected, a tax, not exceed- ing twenty cents on each one hundred dollars of the as- sessed value of all real and personal property within such city subject to taxation, the proceeds of which tax shall be known as the "Biver and Water-front Improve- ment Fund," and shall be applied to the improvement of streams, bays, and water-fronts, the erection of embank- ments, and other works to protect the city from overflow, and the construction of works of drainage, and for no other purposes whatever. Public work to be done by contract. See. 536. In the erection, improvement, and repair of all public buildings and works, in all streets and sewer work, and in all work in or about streams, bays, or water- fronts, or in or about embankments or other works for pro- tection against overflow, or in furnishing any supplies or materials for the same, when the expenditures required for the same exceeds the sum of five hundred dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after due notice, under such regula- tions as may be prescribed by ordinance; provided, that the common council, or board of education, may reject all bids presented, and readvertise, in their discretion; and provided further, that in case of any great and unfore- seen calamity or emergency the common council, by a resolution, unanimously adopted and approved by the mayor, may dispense with the foregoing provisions of this section, the reason for such action being entered on their min- utes. The common council shall, annually, at a stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest bidder, after notice as provided in this section. All advertising shall be done in a newspaper printed and published in such city, and the con- tract therefor shall be awarded separately from all other printing. Act 2343, $5 550-562 U KATIONS. 820 Article IV. — Executive Department, M ayor. C 550. The mayor shall be at the head of the execu- department of the city. It shall he his duty to be vigilanl ami active in causing the laws and ordinances of the city to be duly i I ireed; to have the a of the police department; to receive ami examine into all complaints preferred againsl any offi- to 1 >Mimon council ; to administer rind certify oaths and affirmations in any and ail matters and |i - pertaining to the city; to pre- at all ni' common council; and to perform such other duties as arc or may be prescribed by law Or ordins Clerk. It shall be the duty of the clerk to keep a true and correct record of all the proceedings of the com- mon council, and to countersign all wan keep ;i,-. counts current with ever} charged with the re- ceipt or disbursement of mone; d of the city and affix Hie same to all ats requiring such seal; to perform the duties required of him by the next section; to report to the common council on the first Mon- day of each and every month a lull and detail, d statement of the r and disbursements of thi treasury during the preceding month, and ; 1 each particular fund, which statement shall be verified by his oath; to adnun- i > t . r and certify oaths and affirmations; to perform such duties in and about the assessment, levy, and collection ats a- may 1m- prescribed by law or ordinance; to appoint deputies; ami to perform such other ami further duties as the common, council may by ordm. lie . Treasurer. Sec. "..".'2. It shall be the duty of the treasurer to re- ceive, u; rder of the clerk, all moneys due or 1m - longing to the city, for which he snail give his receipt, which receipt shall be filed with the clerk by the person making such payment, and the cU rk shall give to such persons his rcc< Lpt therefor, which receipt shall be the only evidence of payment, lie shall pay all warrants drawn by authority of and in accordance with law. He shall per- form such dutVes in the collection of taxejs or assessments 821 MUNICIPAL CORPORATIONS. Act 234S, §§ 553-561 as are or may be prescribed by law or ordinance. He shall,, on the first Monday of each and every month, present to the common council a full and detailed statement of the amount of money belonging to the city received by him, and by him disbursed during the preceding month, and the state of each particular fund, which statement shall be verified by his oath. He may appoint deputies by and with the consent of the common council, and shall perform such other duties as are or may be prescribed by law or ordinance. Compensation, how fixed. Sec. 553. The common council shall, by ordinances not inconsistent with the provisions of this chapter, prescribe the duties of all officers, and fix their compensation. Article V. — Judicial Department. Police and justices' courts. Sec. 560. The judicial power of the city shall be vested in a police court, to be held by the police judge of such city. Said police court shall have jurisdiction, concurrently with the justices' courts, of all criminal actions and pro- ceedings arising within the corporate limits of such city, and which might be tried in such justices' courts; and shall have exclusive jurisdiction of all actions for the re- covery of any fine, penalty, or forfeiture prescribed for the breach of any ordinance of such city, of all actions founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceeding in said police court shall be the same as are or may be prescribed by law for justices' courts in like cases; and appeals may be taken to the superior court of the county in which such city may be situated from all judgments of said police court, in like manner and with like effect as in cases of appeals from justices' courts. Said court shall be a court of record. Police judge. See. 561. The police judge shall be judge of the police court,' and shall have the powers and perform the duties of a magistrate. He may administer and certify oaths and affirmations, and take and certify acknowledgments. Act 2348, g } M2-S72 MUNICIPAL CORPORATIONS. tO When disfjualii S, ,-. 562. Tn all cases in which tho police judge is a party, or in which he is Interested, r it" all those so residing are likt i. lalifled, then he may caU in any the | Lding in the county ia Which such city may be situated. Clerk of court. Bee. 568, The common council shall appoint, upon the nomination of the mayor, a <-l< rk for said police court. Said clerk shall keep the records of said court and the si al thereof, and perform such other duties as may be re- quired of him by law or ordinance. He Bhall recei^ salary oi one hundred dollars per month. The couucil shall also provide a Beal for said police court Article VL — School Department. of education. .'nun and after the organization of each of such oiti< me shall conetitute a separate school trict, which shall be governed by the board of education of such city. Vacancies. Sec. 571. In case a vacancy shall occur in the office of scbool director, the board of education shall choose a per- to fill such vacancy, who shall serve until the election, when, if the term docs not then expire, a pel [] be elected to serve for the remainder of such unex- pired term. Meetings. Sec. 572. The board of education shall meet on the od Tuesday after such general municipal election, and choose one of its mi mbers as pr. - aothei as vice-president, tts regular meetings shall I • be held as often as twice in each month, and the time and 823 MUNICIPAL CORPORATIONS. Act 2348, g 573 place for holding such meetings shall be fixed by a rule of said board. Special meetings of said board may be held when called by written notice, signed by its president, or three of its members, and delivered personally to each of its members who shall not have signed the same. Four members shall constitute a quorum, and no business shall be transacted by said board of education without the con- currence of four of its members; but a majority of the members present at any meeting may adjourn from time to time. All meetings of said board of education shall be public, and full records of its proceedings shall be kept by the school superintendent, who shall be ex-officio clerk of said board of education. Powers of board. Sec. 573. The board of education shall have power: To maintain schools. 1. To establish and maintain public schools, and to sub- divide the school districts, and to fix and alter the boun- daries of such subdivisions. Superintendent. 2. To appoint a school superintendent, who shall hold office during their pleasure, and to prescribe his duties, and fix his compensation. Employees. 3. To employ and dismiss teachers, janitors, truant- ofiicers, and school-census marshals, and to fix, alter, al- low, and order paid their salaries or compensation; and to employ and pay such mechanics and laborers as may be necessary to carry into effect the powers hereby con- ferred. Eegulation of schools. 4. To make, establish, and enforce all necessary or proper rules and regulations, not in conflict with the laws of this state, for the government and management of public schools within such city, the teachers thereof, and the pupils there- in, and for carrying into effect the laws relating to edu- cation. Supplies. 5. To provide for the school department of such city fuel and lights, water, printing, and stationery, and to incur KUNICIF OF ITIONB, EM such oth< r im'iili i.tal t i may be deemed necessary by said board. Building and repairs. 6. To build, - r. r. r, rent, and provide school-houses, and to furnish tl : ool furniture, ap- tus, and appl ad to insure any and all school rty. ♦e. 7. To purchase, ree te, and hold in fee, in trust for Buch city, • --mil property that may lia\ ■ I. or may hereafteT be acquired, for the ale and benefit of ti of snob city; provided, thai no r r exehang I, imr any expenditure incurred for the construction of new school- prithout tl <1 of tin- common council; ami ided fur' tin proceeds of any such aali exchange of n • ■ ■ ■ applied to school pnrj Improvement. grade, fence, and Improve nil school lots. To determine mo- ll. To determine annually the amount of money required f,, r • rt of the pub! », and for carrying into I ;i ii th( • in refer* nee thereto; and in pnrsu this, provision, the board of education thai the eon moa council at whieh the annual city t l< tried, submit in writing to the common • ful estimate of the nounl of money to be n • •• ived from the state ity, and of the amount to be required from f,, r the »Cj and the amount so found red from the city shall, by the common COUUeil, be added to the other amounts | and for city purposes, and when collected, the pro- 11 be immediately paid into the school fund of such cil drawn out only upon the order „f the board oi education; provided, thai such annuai shall not .x 1 twentj Hi ' one hundred dol- .1 \ aluation oi »n*l prop- within such city. 825 MUNICIPAL CORPORATIONS. Act 2S48. § § 574, 573 Disbursement regulations. 10. To establish regulations for the just and equal dis- bursement of all moneys belonging to the school fuutl. Incumbrances. 11. To discharge all legal incumbrances existing at the time of the incorporation of such city, or thereafter, on any school property within such city. Admission of nonresidents. 12. To admit nonresident children, and persons over twenty-one years of age, to any of the departments of the schools of such city, upon the payment, monthly, in advance, to the treasurer of such city, fur the school fund, of such tuition fee as said board may establish. Age limit. 13. To prohibit any children under six years of age from attending the public schools. Grades and text-books. 14. To establish and regulate the grades of schools in such city, and the course of study, and the mode of in- struction to be pursued therein, and to determine what text- books shall be used. Other acts. 15. To do and perform, in addition to the foregoing powers, such other acts as may be necessary or proper to carry into effect the powers hereby conferred. Board may sue. Sec. 574. The board of education may sue and be sued by their name of office. In any action or judicial proceed- ing against said board, service of process upon the presi- dent, or upon a majority of the members of the board, shall be sufficient to give the court jurisdiction to hear and de- termine the same. County treasurer to pay over. Sec. 575. All moneys received by the treasurer of the county wherein such city may be situated, on account of the school fund of such city, or the school district ebu- 6isting of the same, and all sums received into the county Act 2348, §S 576-C79 MUNICIPAL CORPORATIONS. 82« -nry, which m ly he apportioned to said city or flis- trict, shall be paid to the treasurer of such city by the treasurer of such county, as soon a- ■!. or as soon as the apportionment shall be made, when apportionment is necessary. Powers of pr< sadeui. Sec. 576. The president of the hoard of nh shall have power to administer oaths and affirmai concerning any demand upon the treasury, payable out of the school fund, ind in all other matters relating to the duties of the board of education, and to wil ram- ined in any Hon had by such board of education, or by a committee thereof, duly appointed by it for that purpose. Same. Sec. 577. Said president may issju subpoenas nnder his hand and the sea] of Buch city, attested by tbe clerk, to compel the attendance of witnesses b fori such board of education, or committee thin of. Who shall be en- titled to the same fees as 9 in civil cases, an 1 who may be punished for contempt for noaattendaaoe, W re- fusal to be sworn, or to answer, by the snperiot court of the county in which such city may be situated. Claims. S. >\ . r i7^. Every claim payable out of the school fund shall be filed with the clerk of the board of education, and after it shall have been approved by the board, a certificate of such approval shall be indorsed thereon, signed by the president and clerk; and a warrant upon the school fund shall he issued thereon for the payment of such claim, which warrant shall 1 : . by the president of such hoard, and countersigned by the clerk, and shall specify for what purpose the same is drawn. Entire revenue for schools. Sec. 579. The entire revenue derived by such city from the state school fund and the state school tax shall be applied by said board of eduoation exclusively to the port of primary an I grammar schools. 827 MUNICIPAL CORPORATIONS. Act 234S, §§ J%-C00 Article VII. — Miscellaneous Provisions. Moneys collected. Sec. 590. Every officer collecting or receiving any moneyg belonging to or for the use of such city shall settle for the same with the clerk on the first Monday in each month, and immediately pay the same into the treasury, on the or- der of the clerk, for the benefit of the funds to which such moneys respectively belong. No officer to be interested in contracts. Sec. 591. No officer of such city shall be interested, di- rectly or indirectly, in any contract with such city, or with any of the officers thereof, in their official capacity, or in doing any work or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer is inter- ested, shall be void, and if audited and allowed shall not be paid by the treasurer. Any willful violation of the pro- visions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. CHAPTER V. MUNICIPAL, CORPORATIONS OF THE FOURTH CLASS. (Charter for cities having a population of more than 10,000 ' and not exceeding 15,000.) Article I. — General Powers. Fourth class. Sec. 600. Every municipal corporation of the fourth class shall be entitled the city of (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and in all proceedings whatever, and shall have and use a common seal, and the same alter at pleasure; may purchase, receive, have, take, hold, lease, use, and enjoy property of every name or de- scription, and control and dispose of the same for the com- mon benefit. Act 2048. § 5 Ml. 602 MUNICIPAL CORPORAT1 *> Article EL— General Pi Relating to Oil Ofli' iffiei n Of sm'li city shall consist oV i mayor, twelve eonneilmen, a collector, who shall "in r. an r. city clerk. denl h ward; whenever a free public library and reading-room is atul flu- coun- cil n pro> ide for t) • l>y the - -aid city, or by said council, of a superintendent of Irrigation. ■ il may r. harbor r. pom and city Jailer, and whenever a j- aid lire department shall be established in such city, a ehi( i -. and on< or mor< and any other oil to carry ont the provision* this chapter, and election or appointment no provision I may by ordinal duties of all fix their compensation, sub to the limitations hi rein c< Election under this net. •• r the Ural hfonday of Nov* mb< r of each odd-numben d y. ar a municipal election shall be held, at which the qualified voters of such city shall elect one school t r ■ - 1 . - 1 1 ward, and six councilman, to be voted for by th< wards they ma lively n and each to Hold ■ the term of four years, and until the qualification of his - niul also B mayor, an lUeetor ancl street com- mission, r. city attorney, police Judge, ehii f of police, and superintendent of public shall each bold office for I v. and until the qualification or; provided, that at the first election I r the organization o( such city under t ; neb city - ,,,i truati b i ard, and t w. h «• council all, at the first D -unci] n ,,,l board Of education, r f, decide by lot their laid councilmen and one-half of thi number of school trustees to hold for the term of four i ml the oth- rs foT the term ad in . until the qualification of their raoejM 829 , MUNICIPAL. CORPORATIONS. Act 234S, § § 603, 604 Provisions concerning elections. Sec. 603. The city council shall call all city elections, designate the time and place of holding the same, giving at least ten days' notice thereof, and shall appoint one inspector or clerk, and two judges of election, for each ward or election precinct in such city, who shall appoint two clerks, and all shall take the oath of office prescribed by law for inspectors, judges, and clerks of state and county elections. All provisions of law regulating elec- tions for state and county officers, not conflicting here- with, shall apply to elections under this chapter. The polls for all city elections shall be open at eight o'clock A. M., and continue open until five o'clock P. M., the same day. If any officer so appointed shall fail to attend, those attending, with the electors assembled, shall fill their places by others from the qualified electors present. All returns of city elections shall be made out and signed by the officers of sucn election in the usual form, and depos- ited with the city clerk within two days after the election. The persons having the plurality of the votes cast for each of the respective offices voted for shall be declared elected. No person shall vote at any city election unless he shall be an elector for state and county officers, and shall have actually resided within such city, and in the pre- cinct where he may offer to vote, thirty days preceding such election; provided, that any elector who may remove from one precinct to another within thirty days prior to such election may, if a qualified voter therein at the time of removal, vote in the precinct from which he may have moved. If any person not having the legal qualifica- tions of an elector at any city election shall fraudulently vote, or attempt to vote, or knowingly hand in two or more ballots folded together, or shall vote, or attempt to vote, more than once at the same election, such person or persons, on conviction thereof, shall be fined in any sum not less than twenty nor more than five hundred dollars, or be imprisoned in the county jail for any period not more than three months, or may be punished by both such fine and imprisonment. City council to canvass vote. Sec. 604. On the Monday following the election, the city council shall convene and publicly canvass the result, and shall issue certificates of election to each person elected by a plurality of votes. When two or more persons have 55 605, 60C MINiril'AL CORPORATION'S. . 830 received an equal and highest number of votes for any one of tin 1 offices voted for, the eity council shall there- after, at its first regular n vote betwei d the par''.- which Bhall be elected. If the city eouneil from ;,i;\ meel on the day namni, the mayor shrill call a Bpecial meeting of said council within five ■ 'l in add 'he notice provided for /•ailing special meetings, shall publish the panic on two BUCC ■ newspaper published in sueh eity If t :■ fail to call said me. ting within Said five day-;, anj - ouncilmen may call it. At inch special meel appointments, or other business may acted that could have been on the day first herein named. When vacant. B officer of IDSh city shall take the oath of office, ami sueh as may be required to give bond, file the a t'-n days a' ring DOtice Of his intment, or if no notice be then on or before the date fixed for the as- sumption by him of the duties of the office to which he have bit n elected or appointed; but if any one, either i lecti d or . fail f<>r ten days to quality as required by law or to enter upon his duties at Mine fixed by law or the orders of the city eouneil, then such oflice shall become vacant; or, if any such o;' shall absent himself from such city continuously for ten days without * He Const nt of the eity council, or shall openly neglect or refuse to discharge his duties, such office may be by the city council declared vacant; provided, that the penalty for absence from the eity shall not apply to such Offieen as serve without salary or other compensation. as are elected by I - of the city shall enter upon their duties on the first Monday of Janu- arv next iL, r the date of th-ir election; such of- ficers as are appo I by the city council shall t upon their duties within ten days after receiving no- tice of their appointment or election. Unexpiri d term. Bee. 606. When any vacancy occurs in any elective of- fice, except the mayor, the eitj council may fill the same for the onezpired term, except in i -\ .ouncilmen, or •chool trustees, which shall be filled until the next city 831 MUNICIPAL, CORPORATION'S. Act 2348, §§ 607-610 election, and until the qualification of a successor. The city council may, upon written charges to be entered upon their journal, after notice to the party, and after trial, by a vote of two-thirds of all the members elect, remove any officer. Official bonds. Sec. 607. It shall be the duty of the city council to pro- vide for the accountability of the city assessor, treasurer, clerk, police judge, collector, and street commissioner, city attorney, and all other officers herein provided for, b} r requiring from them sufficient security for the faithful performance of their duties or trusts, which security shall be given by them before entering on their respective du- ties. If such security should be or become insufficient, ad- ditional security may be required, and if not given within ten days, the council, by a vote of two-thirds of the mem- bers, may declare the office vacant, and may thereafter fill the same. Compensation. Sec. 608. The mayor, councilmen, and school trustees shall not receive any salary or compensation for their services; provided, that members of the city council, or a committee thereof for that purpose appointed, may re- ceive for their services, while acting as a board of equali- zation, a sum to be determined by the council, not to exceed for each one five dollars per day, for each day while actually so engaged, for two weeks in each year, and no longer. Street commissioner. Sec. 609. The collector and street commissioner shall receive a salary, to be fixed by the city council, which shall not exceed the sum of fifteen hundred dollars pur annum. No additional compensation. Sec. 610. The city council shall have no power to al- low any extra or additional compensation to that in this chapter expressly authorized to any officer for the rendf tion of services that the city council have power to require the officer to perform by virtue of his office. Act 2348. 5 5 61I-C21 \L CORPORATIONS. ■ Ward division. ■•11. In ease any such city shall, at the time of its organisation under this act, be divided into wards, such r school - i fur tho ward in which their may be J l>ut if more reside with? i Ward than the proportion to which it is entitled, those of the short- nexpired term shall, by the council, i I for such unexpired drm to a ward where there is a raoaney, The ition of each ward in the city council shall be as mar as may he in proportion to its papulation, but each ward shall have two school tru Article ill. — Legislative Department. City com .oil. The mayor and eonneilmen of the wraral wards shall constitute the city council, and at its first meeting in .try next after a city election shall elect a city clerk, city treasurer, and one of their own body as president of the city council, and at any time when the mayor and president arc botfa absent, may elect a president pro tern., who shall act during such absence. They shall also, at such time, designate the number of policemen for such city, to be elected as fa ter provid Sec. 621. A majority of the couneilrnon elect shall con- stitute a quorum for the transaction of business. A less number may adjourn from time to time, and they may com- be attend.!' of absent members. The council may pun- ish their members for disorderly conduct, and upon written charges to be entered on their journal, for such conduct, after trial, may i xpel a member by a vote of two thirds of all tho men d. The mayor shall have a vote only in case of a tie in the votes of the other members. They shall di their rules of proceeding and the qualification of mem- ben. Ti u moil shall be open to the public. except where the i; - ! he city shall requii V journal of all their proceedings shall be kept bj the clerk under their direction. At any time, at the request of au; 853 MUNICIPAL CORPORATIONS. Act 2348. § 622 members, the ayes and noes on any question lihall be taken and antered upon the journal. Powers of council. Sec. 622. The city council shall have power and author- ity to make and pass all by-laws, ordinances, orders, and reso- lutions not repugnant to the constitution of the United States or of the state of California, or the provisions of this charter, necessary for the municipal government and the management of the affairs of the city, for the execution »of the powers vested in said body corporate, and for carrying into effect the provisions of this chapter; to fix and collect a license tax on and to regulate theatres, melodeons, balls, concerts, dances, and all theatrical, melodeon, circus, or other performances, and all performances where an admission fee is charged, or which may be held in any house or place where wines or liquors are sold to the participators; also all shows, billiard- tables, bowling-alleys, exhibitions or amusements; to fix and collect a license tax on and to regulate all taverns, hotels, restaurants, saloons, bar-rooms, banks, brokers, manufactories, livery-stable keepers, express companies, and persons engaged in transmitting letters or packages, railroad, stage, and steam- boat companies or owners, whose principal place of business is in such city, or who shall have an agency therein; to license and regulate auctioneers; to license, regulate, tax, prohibit, or suppress all tippling-houses, dram-shops, saloons, bars, bar- rooms, raffles, havtkers, peddlers, pawn-brokers, refreshment of coffee-stands, booths, or sneds; to prohibit or suppress, or to license and regulate, all dance-houses, fandango-houses, cock-fights, dog-fights, or any exhibition or show of any ani- mal or animals; to license and tax hackney-coaches, cabs, omnibuses, dravs, market-wagons, and all other vehicles used for hire, and to regulate their stands, and to fix the rates to be charged for the transportation of persons, baggage, and property; and to license or suppress runners for steamboats, railroads, taverns, or hotels; and to fix and collect a license tax upon ail occupations and trades, and all and every kind of business authorized by law, not heretofore specified, and provided, that in the business of selling intoxicating drinks, wines, ales, and beers, in less quantities than one quart, or to be drank on the premises where sold, and on any other busi- ness, trade, or calling not provided by law to be licensed for state and county purposes, the amount of license shall be fixed at the discretion of the eity council, as they may deem the interests and good order of the city may require; also to Gen. Uw»- 63 Act 0*9. 5 622 MCIPAL, CORPORATIONS. «M prevent and restrain any r> > i t or riotous a urb- ance of the peace, or disorderly conduct, In my j ■ in «■«*. house, treat in the city; to prevent, remove, andnl>.it. auisaj at 1 1 or semmittiag, lintainin j idish, inui tit:i in. :nnl regnlate nt a pound keeper, wlio shall !•< paid out of th< I and col- lected of tin own< i aded, and from no other Hniriv ; to prevent and regulate the running at lar^ and all d oimala within the eitj bait*, or any • • or prevent the keeping animals within any pa: >ntr..l and skiu^ - . laundries, tanner , and trades, ami to pr theix axclus »n oi re- moval from the city Limit*, or Croo any part thereof j to for the prevention and summary removal of all liltli and garbage In th sloughs, ickyards, or public gra where therein; to establish, alter, and repair ]■• > d at i ln.-li rail Nad Oars may run within the city limits, or any portion thereof; to provide Cor and regulate the commons of the eity; bo regulate and | tsl driving or riding La any port Or prohil.it the loading or ssorai ler and combustible or explosive i rials in the city, or tra; • through its r its waters; to have, pun-has.', bold, propert; r k ; ml w] and the - irol, or Improve; to I oustruct houses, build- . or structures of any kind needful for tsv pur* nbbsh, continue, regulate, and ii abstain a Ire depart n r n> organise the saaM) and to disband any company or com- 835 MUNICIPAL CORPORATIONS. Act 2348. § 6J:' panies of the said department; also to discontinue and dis- band said fire department, and to create, organize, estab- lish, and maintain a paid fire department for such city ; provided, that nothing in this chapter shall be construed to authorize the said city council to disband or discontinue the fire department of any city having, at the time of its organization under this act, a volunteer fire department or- ganized and existing, or to create, establish, and main- tain a paid fire department therein, without first submit- ting the proposition of establishing a paid fire department for such city to the legal voters thereof, at a general city election, for decision, and not after such election, un- less thereat a majority of all the votes cast at such elec- tion are in favor thereof; and in the event that any time hereafter the volunteer fire department of such city shall be disorganized or disbanded, and a paid fire department established in its stead, then every person who shall have been an active fireman for the space of two years next before the date of such disbanding aud establishing shall be entitled to and shall receive an exempt fireman's cer- tificate, and such certificate shall entitle the person to whom it is issued to all benefits and immunities accorded by the laws of this state in regard to exempt firemen; to institute and perfect any and all measures and means for the prevention or extinguishment of fires; to establish fire limits, and the same to alter at pleasure; to regulate or prevent the erection of wooden or other buildings or struc- tures of combustible materials; to regulate the construc- tion of buildings, sheds, awnings, signs, or any structures of a dangerous or unsafe character; to adopt, enter into, and carry out means for securing a supply of water for the use of such city or its inhabitants, or for irrigating purposes therein; to prevent the overflow of the city, or to secure its drainage; to provide for the numbering of houses; to establish a board of health; to prevent the introduction and spread of disease; to establish a city infirmary, and provide for the indigent sick; and to pro- vide and enforce regulations for the protection of health, cleanliness, peace, and good order of the city; to estab- lish and maintain hospitals within or without the city limits; to control and regulate interments, and prohibit them within the city limits; to build, alter, improve, keep in repair, and control the water-front; to erect, regulate, and repair wharves and to fix the rate of wharfage and transit wharf, and levy dues upon vessels and commodities, and to provide for the regulation of berths, landing, sta- 5 622 MINI«IP.\L CORPORATION'S. 83'' tioninp, anil removing of steamboats, s»il vessels, rafts, barges, and all other water eraft; to fix the rati of speed at which steamboats and other strain water craft may iun along the water-front of the 6ity; t.» baild l>ri . 1 <_r- as nut tu interfere with oavigatioa; to provide for th- removal of obstructions to the navigation of any chan- nel ur water-course; to clear out and excavate slmi},' 1 !-. and nt In r wat. r i boats, and vi ss. is us. d in any watercourse in the city, and di fix and collect a Lieens( tax thereon; to License tw- ain! bridges undiT the law regulating the granting of such . to determine and impost fines for forfeitures and penalties that shall be incurred for the breach or vio- lation of any city ordinance, and also for a viol I tin provisions of this chapter, when no penalty is affixed there- to or provided by law, and to appropriat< all such fiins, penalties, and forfeiture* for the bencflf of the city; but no penalty to b< enforced shall exceed, for any offei tin- amount of live hundred dollars, or thru' months' im- prisonment, or both; and every violation of any lawful order, regulation, or ordinance r opening such bids, gnate the work to be done, and the place and the time in which it may be performed, with such Other itione as may tend to give the bidders a jjno , the object to be accomplished, and with a to the diagram or B] >na on file in the cl< rk "s offiee. On the day limited in 6aid notice for the opening of said bids the council, or a committee therefor appointed, shall, in open meeting, open and declare said bids and award the contract to the lowest responsible bid- der: provided, however, thai the city council, or its com- mittee, may reject all r«ir ordinance, and its publication. A printi d copy Of any ordinance or bylaw, or a compilation thereof, printed by authority of the city council, and at- •li rk. shall be evidence thereof in same man- ner and with lik< efft <"t. Bntry on journal. 633. All orders of the city council, to have force ami legal validity, shall be • Dt< red on the journal of their proceedings, which journal shall be signed by the oflieer who may preside at such meeting. ind Does, Ujton the passage of all ordinances appropriat- ing money, imposing taxes, abolishing licenses, increasing or Lessening the amount to be paid Cor licenses, the ayeB and shall be entered u[>on the journal. Majority | Sec. 63o. A majority of all the members elected shall be necessary to pass any ordinance appropriating for any pur, ,m of five hundred dollars or upwards, or any ordinance imposing any assessment, tax or license, or in any wise increasing or diminishing the city revenue. Free library. (336. The trustees of any free public library, cre- ated or in such city under the provisions of an : H't entitled "An ad to establish the public libraries and reading rooms, *' approved April twenty -sixth, eighteen bun 843 MUNICIPAL CORPORATIONS. Act 234S, § 64rt of free public schools therein, including high schools, and providing and furnishing houses therefor; but the tax provided (or in this section shall not exceed thirty- five cents on each one hundred dollars valuation upon the assessment roll in any one year, and may, in like manner, raise by tax a fund for the establishment and maintenance of a free public library anil reading-room; such tax not to i any one year, the rate of ten cents on each one hundred dollars valuation. Duty of assessor. $ec. Q41. It shall be the duty of the city assessor to ire, between the first day of .January and the first Monday in April in each year, and present to the city clerk, with his ccrtificat. of its correctness, a list of all the real an«l personal property within the city on the first day of January taxable for state and county purposes, with B tin. valuation thereof OB the first day of January, which said assessment list shall conform as near as prac- ticable, when not inconsistent with the provisions of this chapter, to th< sent list required by law to be made by the OOuntj • and county purposes; Sisti, to maki all assessments for the improvements of streets as herein or by ordinance provided} to In present at the ions of all boards of equalization mentioned in this chapter, and to furnish to said board such information as may be required, and to perform such other services in ref- — stmnis of property in the city or other- wise appertaining to his Oi the city council by or dinanci or resolution may require, During I m of the board of equalization the city assessor shall enter upon the assessmenl tisl all the changes and corrections made by tin board, and may assess and add to such list any prop ertv in such city not previously assessed. In the a- mc'nt and listing of property tor taxation, and in the col- lection of tax upon personal property not secured by '•''" Upon real estate, he shall have and may exi rcise the - [powers as are COnf( in d by law upon county and shall receive therefor the same fees and compensation. lie shall receive a salary to be fixed by the city council, which shall aoi exceed five hundred dollars p< r annum, [aanemi* , n , „t approved March 19, L889. Stats. 1889, p. .".71. In etv. . t immediately.] S45 MUNICIPAL CORPORATIONS. Act 2348, § § 643, 644 Equalization. Sec. 642. The city council, or a committee of their number selected for that purpose by the city council, at a meeting thereof to be held on the first Monday of April of each year, shall constitute a board of equalization, and shall, after the assessor shall have completed and handed in his assessment list to the city clerk, and after five days' notice published in some newspaper in such city, hold meet- ings to hear and determine all complaints respecting the valuation of property as fixed by the assessor in such list, and shall have power, on their own motion, with or with- out complaint made, to modify and change such valuation in any way they shall deem just and proper; provided, however, that before making any change in any assess- ment, the board shall notify the person interested by let- ter, deposited in the postomce or express, postpaid, and addressed to such person, at least three days before action taken, of the day fixed when the matter shall be investi- gated; provided, further, that no reduction must be made in the valuation of property, unless the party affected thereby, or his agent, makes and files with the board a written application therefor verified by his oath, showing the facts upon which it is claimed such reduction should be made. Anj member of said board shall have power to administer oaths and affirmations in the matters before said board, and the sessions of said board shall be held from time to time, as in its notice specified, for the period of two weeks, and no longer. Clerk to complete. Sec. 643. After the board of equalization shall have completed their duties, the city clerk shall add up the columns of valuation, and enter the total valuation of each description of property in the list, and the total value of all property assessed and listed thereon; and thus equalized and added up, the clerk shall, on the first Monday of May thereafter, deliver it to the city council. Levy of the tax. Sec. 644. On the first Monday in May in every year the city- council, by an ordinance, shall levy upon all the prop- erty in the city taxable by law for state purposes a tax for school purposes, and for the current and general ex- penses of the city, and, in conformity to the provisions of this chapter, shall levy any and all other taxes by law Act 2343, {{ MB, 846 MUNICIPAL CORPORATK 8*> directed tin n to be levied or assessed; and, in conformity with tin provisions- of this chapter, shall levy a tax for the payment <>f the funded * l« I » t upon the property liable therefor. Evi jo levied is made a li' ", winch shall h mi saiii day in each year to and against all real property Cor the amoui ed against it; and If said property b< assessed to a wrong person, ot by a wong ii.i - liea shall in do wise be affected or in- abed, and it shall not be aatiafied or removed antil paid, or the property lias absolutely vented in a purchaser under ami by reason of a Bale for BUch •v tax assessed npon personal property i> a lii n upon lac r>al property of toe owner thereof from and after the time of the levy of such tax. The fiscal y<;ir shall begin I'll the first >lay of January; and the terms "rial ami personal property" shall have the same meaning as the BBBM terms UBcd in the revenue laws of the state. List to be delivered to collector. -iMin as the city council have declared ami levied the taxes in any year, as in the preceding section provided, the city clerk Bhall carry out, in a separate money column iu the list, tin amount ol taxes assessed against each individual, fnm, company, corporation, or unknown owner, and add and pul down the aggregate of all taxis shown by the list; and as thus carried out, the city clerk Bhall certify to its correctness, and on or before the third Monday of May thereafter deliver it to the city col- li-. Tor. ami shall charge him with the amount of taxes so footed np, and take his receipt therefor. < 'i>lli ction. 646. The collector, on receiving the assessment list certified by the clerk, shall proceed to collect the taxes ified therein, and pay over the same into the treasury, taking a receipt thereof. For the purpose of collecting the taxes authorized by this chapter, the city collector shall have such powers as are given by the revenue laws of this state to collectors of state and county taxes, so far as the same are applicable. All taxes unpaid at the close of official business on the third Monday of June shall be deemed delinquent, aft< r which time the collector shall reei ive no money for taxes; and hi shall, on said day. t present; .-it ] whenever ther< is a vacancy in the office of mayor, or l.r I •rem the f the city council, only appoint such deputies as may be i by writing, to be filed with the clerk. Each deputy so appointed shall receive for his servii in to be fixed by the city hundred dollars per month, and shall perform such duties under the direction of his prin- cipal as may by Baid council be prescribed. The principals shall be each responsiDh for his deputy, and may revoke pleasure. Chief <>f po The chief of police shall receive a salary which shall i ! the sum of fifteen hundred dollars innum, to be determined by the city connciL Treasurer. 7 1. The city treasurer shall receive a salary which shall not exceed th< Bum of three hundred donars per an- num, to be det< rmined by the city council. Duties of tn asuri r. 675. It shall be the duty of the city treasurer to nd safely keep all moneys belonging to such city. 853 MUNICIPAL CORPORATIONS. Act 2348, §§ 676-678 from whatever source derived, to place the same to the credit of the different funds to which they properly belong, in a book kept for that purpose; to disburse said moneys by thj direction of the city council, and in accordance with the provisions made by them, and the school tund, by the direction of the board of education, under the provisions of this chapter, and to make a report monthly to the city council of the condition of the treasury. Clerk. Sec. 676. It shall be the duty of the clerk of the city to keep the corporate seal and all papers and documents belonging to the city; to file them in his office, under ap- propriate heads; to attend the sittings of the city council and to keep a journal of their proceedings and records of all their by-iaws, resolutions, and ordinances; to sign all warrants and licenses issued in pursuance of the orders and ordinances of the city council, and to ffix the corporate seal on such licenses; to keep an accurate account in a suit- able book, under the appropriate neads, of expenditures of all orders drawn upon the city treasurer, and all warrants is- sued in pursuance thereof; also, to keep an account in an appropriate book of all licenses issued, with the names ot the persons to whom issued, the date of issue, the time for which the same was granted, and the sums paid therefor, and to perform such other duties as he may be required to perform by the provisions of this act, or by ordinance. He shall receive for his services a salary to be fixed by the city council, not exceeding the sum of one hundred dollars per month. Assessor. Sec. 677. It shall be the duty of the city assessor to prepare the assessment-rolls, lists, and books, and to make the assessment of persons and property in said city as required by this chapter; also to make and present all assessments for improvement of streets, or other work of like character. He shall receive a salary, to be fixed by the city council, not exceeding five hundred dollars per an- num. Collector and commissioner. Sec. 678. The city collector and street commissioner shall collect all taxes, assessments, licenses, wharfage rates, Act 231' L CORPORATIONS. 8*4 and all other moneys or dues owing. !>■ lunging, or d city, nri'l the same shall pay over monthly to the city treasurer, nnl the city • ■ il. Hi BbaU the landing and stationing of all steamers, teasels, boats, or othrr water-craft, and sliall make report to thi sell aaeb month. ' Bom- miasioner, ho shall have the general supi rvision of n public square - wharves, sloughs, drains, wati r way*. i>riairs. ur inipniv merit tie or thereon. At t | of the stmt committee of the rity Council, ho shall make report to them of any of his doinj ihall do and perform all such other duties may lie required of him by ordinance of the eity council. of sueh city, he is hereby author in his official capacity, to make all written contracts, anil receive all bonds authorised in tin chapter, and to do any Other art, either expressed >>r implied, thxt pertains to the street department undei this chapter. He shall fix the time for the performanc< of the work under all conti I into by him, in accordance with the no! a by the council; md may extend the time so fixed, from tir time, under the direction "t" said e<>iincil. ah work upon the ..r in the matter "f si. Ii walk* or bridges, or in the improvement >f the public buildi Squares, and places of said City provided fur in this el tor, or nn 1< r the (.id. nances of the eity council of smdi city, must in all casi - I.. done under the direction and to the satisfaction of the Btreel com . and the materials used shall be BUen as are required by said commissioner, in accordance with the contract-,; ; md all con- 's made tlurt tor must contain this condition, and express notice that in no ease, except when it is otherwise provided in this chapter, will the city be liable for any por- tion "f the . d when Bucfa expense is defrayed by in no case for any delinqui s or property ass >sed. Police force. 679. The police force of such city shall consist of the chief of police, and such number "f polii shall from time to time be fixed and determined by the city council. 855 MUNICIPAL CORPORATIONS. Act 2348, §§ 6SO-«01 Police, commission to elect. Sec. 680. The policemen of such city shall be elected by a police commission, to consist of the mayor, chief of police, and the police judge; and such policemen shall hold office from and after their election to and including the second Monday in January next ensuing after a regular city election, unless sooner removed for cause. Trial commission. Sec. 681. The president of the city council, the chair- man of the finance committee, and the chairman of the street committee of the city council shall constitute a police trial commission, and such commission shall have power, under rules of procedure to be prescribed by ordinance of such city, to receive, hear, try, and determine all complaints against policemen of such city for violation of official duty, or of any rule, regulation, by-law, or ordinance of such city, and shall have power in such behalf to condemn or acquit, reprimand, suspend, or remove any policeman. Article VI. — Judicial Department. Police court. Sec. 690. A police court is hereby established in such city, which court shall always be open, except upon non- judicial days, and upon such days may transact criminal business only. Jurisdiction. Sec. 691. The police court of such city shall have juris- diction of the following public offenses committed within such city: 1. Petit larceny; 2. Assault or battery, not charged to have been com mitted upon a public officer in the discharge of his official duty or with intent to kill; 3. Breaches of the peace, riots, affrays, committing 'willful injury to property, and all misdemeanors punish- able by fine not exceeding five hundred dollars, or by im- prisonment not exceeding six months, or by both such fine and imprisonment; 4. Of proceedings respecting vagrants, loud or disorder- ly persons; 5. Of all proceedings for violation of any ordinance of said city, both civil and criminal; of any and all . § cm • MUNICIPAL '' tONS. 8o« suits to recover taxes, general or special, levied in su"i\ city or city pui ! of all suits to reeover any ; levied in roeh city for the improvement of Btreets, ave« iidewalks, and public squares, and fur tlio opening or laving out of the same, when the amount of Baid I sought to be collected •I, firm, or corporation assessed is less than three hundred dollars; provided, no lion upon tha property taxed or for the non-payment of the at is sought to be foreclosed by said suit ; 6. Of an action for thi collection of money due to such city, or from tlm city to any person, firm, or corporation, w!u n th.' amount is teas than three hundred action for the breach or violation of any official bond given by any city ofli>'' fore provided, at the rate of two dollars a day, till such fie Bed. Offenders required to labor under the direction of the chief of police shall, until the establishment of a city jail, be returned to the county jail at the end of eaeh d labor during their term of imprisonmu tit. until a city jail shall be by the city council established. It is hereby made the duty of the officer having the control or ch of the county jail of the county wherein such situated, to receive and safely keep all p* rsmis impriacmed by any judgment or oidtr of the police court, in accord ance with the order of commitment, and to allow be removed from the jail under tie of the ehii t of police, who are required to labor for the benefit of th.' city, or whom the police judge may order broughl f for trial, and tin' keepei oi th< .nil shall in no way be responsible for the safekeeping of such prisoners while eo under the charge of the chief of police. 859 MUNICIPAL CORPORATIONS. Act 2348, § § 637-6Td Seal. Sec. 697. The court shall have a seal, to be provide! by the city, and certified transcripts of the police judge's docket and the seal of his court shall be evidence in any court of the state of the contents of the docket; and all warrants, and other processes issued out of ^aid court, and all acts done by said police judge under its seal, shall have the same force and validity, in any part of this state, as though issued or done by any court of record of thi3 state. Judge 's report. Sec. 698. The police judge shall, on the last Saturday of each month, make to the city council a full report of all the cases tried in his court for that month, in which the city may be interested, and at the same time shall pay into the city treasury all fines and other moneys collected on behalf of the city for such month. Salaries. Sec. 699. The city council of such city shall allow to the police judge an annual salary which shall not exceed the sum of fifteen hundred dollars, and to the chief of police and the several policemen of such city each a salary which shall be fixed by said council. The salaries of the police judge, and chief of police and policemen shall be paid from time to time as other city officers and as the coun- cil may determine. The chief of police, or any police- man of such city, is hereby authorized and empowered to serve, execute, and return any and all warrants of ar- rest, and all processes directed to him by the police judge of said city, and to arrest all persons accused or guilty of the violation of any city ordinance, or of any public offense, and to do and perform all acts and duties which, in criminal cases, any constable of the county may law- fully do, and receive like fees for such services; provided, the city council may, in their discretion, deduct the amount so received, for fees from the monthly salary of such offi- cers, or order the same paid into the city treasury for the use and benefit of the city, as received by said officers respectively; provided, that nothing in this charter shall be construed as authorizing or entitling such officers to charge or receive from such city, or the county wherein situated, any fees or costs in any case whatever, nor shall such city or county be liable to pay any fees, or costs to 960 sue}) offici rs fur any si rvice they may render in any action or proceeding, either civil or criminal. The chief sf police shall attend the session of the police court When required, rvise and direct the police foTce of the city, and per- form Buch other duties as may be reqdlred by the city council appertaining to th< \ or the man • peel ally devplved upon Beer named in this chapter; and the chief of poli, • all notices by this chapter provided rved, in which, the city is in any way interested, and the return of the Ob s>r\in^ shall l>e evidence of the facta in such return Btated, hilt QOne of BUCh any civil rOVided in this chapti r. rs of ju-t 0, The j tin peaC4 iii an.l for the town- ship embracing Bucb city -hall have the same pow( rs as the same officers in any ji, irl of the county, and shall have and may t x> n-ise like powers and authority; provided, however, that no justice of the peace in such city shall hav. power to tonduct or try and decide any of the .l:i--is mentioned in section six hundred ami twenty-two oi tliis act; but nothing in this Construed t,, prevent any of the jh-' in said city from i police jn - [ntereated party not disqualified, 701. The interest which any inhabitant of such city may have in a penalty for the breach of a bylaw or or- , linan., of BUCh city shrill not disqualify said inhabitant to act as judge, juror, or witness in any prosecution to recover the pens Article yii.- School Department, Board. 7 If. The board of education of such city shall be elected as in this chapter provid.it. and shall consist of superintendent ami two tru>tr compensation, and to employ any pay Midi mechanics and laborers as may be necessary to carry Into effect tin powers and duties of the board, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed laid. . lation of schools. To make, establish, and enforce all necessary and propei roles and regulations not contrary to law, for the government and ; of the public schools within the . the pupils therein and the teachers thereof, and for tin- laws relating to education; also, to ilate the grade of schools, and determine what course of study and mode of instruction shall be used in said schools. Building and repairs. 1. To build, alter, n pair, rent, and provide school-houses, and the same furnish with lights, water, proper school fur- niture, apparatus, and school appliances, and to insure any and all school property. Real i state. 5. To roci ivc, purchase, lease, and hold in fee, in trust for su.li city, any and all real estate; and to hold in trust any pi rsonal property that may have been or may hereafter be acquired for the use and benefit of the public schools of such city. [mprovemi nts. 6. To grade, fi ace, and improve school lots, and in front thereof to gi T( r, plank, or pave and repave, and to construct aud repair sidewalks. Legal privileges. 7. To sue for any and all lots, lands, and property be- longing to or claimed by the said school department; and SG3 MUNICIPAL. CORPORATIONS. Act 2348, § 713 to prosecute and defend "all actions at law or in equity necessary to recover and maintain the full enjoyment and possession of said lots, lands, and property, and to employ and pay counsel in such cases. To determine amount of money needed. 8. To determine annually the amount of taxation, not exceeding thirty-five cents on each one hundred dollars valuation on the assessment roll, to be raised upon the real and personal property within the city not exempt from taxation, for the establishment and support of free public schools therein; and for carrying into effect all the provisions of law regarding public schools, aDd the amount so determined by said board of education shall be reported in writing to the city council on or before the first Monday of April of each year; and the said city council are hereby authorized and required to levy and cause to be col- lected, at the time and in the manner of levying other city taxes, the amount of taxation so determined and reported to them by the said board of education, as school tax, upon all taxable property in the city ; and said tax shall be in addi- tion to all other amounts levied for city purposes. Disbursements. 9. To establish regulations for the just and equal disburse- ment of all moneys belonging to the "public-school fund." Demands. 10. To examine and allow, in whole or in part, every de- mand payable out of the school fund, or to reject any such demand for good cause, of which the board shall be sole judge. Incumbrances. 11. To discharge all legal incumbrances now existing, or which may hereafter exist, upon any school property. Age limit. 12. To prohibit any child under six years of age from at- tending the public schools. Other acts. 13. And generally to do and perform such other acts as may be necessary and proper to carry into force and effect the powers conferred on said board. Act 234S, §§ 714-716 MUNICIPAL CORPORATIONS. «< Fund not to be diverted. 14. To use and apply the school fund of the city for the purposes m this section heretofore named, and for no other purpose whatever. .Non-residents. 15. To admit non-resident children to any of the depart- ments of the BCl Ifl of such city upon the payment, at such times as said board may direct, of tuition fee, to be fixed by said board. - i of examination. 714. No teacher shall be employed in any of the pub- without having a certificate of the proper grade, issued under the pro ter, For tlie purpose of granting certificates required, tin- 1 » • » : i r < 1 of ed- either as a body oi ird of examination ap- ted by said board of education, ami of whien the Buper- Intendent shall be president, sluill bold examinatians of Kcepl t" a person who shall have pat Satisfactory examination in such branches as the board may re [uire, and shall have given evidence <>f good moral character, ability, and fitness to :. Examinations of teachers mmal '" held semi-annu- ally, at BUCfa times as the board may determine. Revocation and renewal. 715. The hoard may, in its discretion, renew without camination the certificate of : in so employed. It shall have power to revoke the certificate of any teacher upon evidence of unmoral or unprofessional conduct or incon y, ami shall always have the power to dismil 1 all teachers, and to alter the amount of salary or compensation paid to either or any of them. The board of education may also, without examination, ^rant certificates ami fix the grade thereof to the holders of life diploma -1 di- plomas, normal-school diplomas, state university diplomas, and to the holders of such state ami count] M in full force ami effect on the first day of January, eighteen hundred and eighty. Board must visit. Sec. 716. It shall be the duty of the board of education to visit and examine each school at least once each and • 865 MUNICIPAL CORPORATIONS. Act 2343, § 5 717-719 month; to observe, and cause to be observed, such general rules for the regulation and government and instruction of the schools, not inconsistent with the laws of the state, as may be esablished by the board. School fund, how constituted and applied. Sec. 717. The pubbc-school fund of such city shall con- sist of all moneys received from the state and county school fund; of all moneys arising from taxes which shall be levied by the city council for school purposes ; of all moneys arising from the sale, rent, or exchange of school property, and of such other moneys as may from any source whatever be paid into said school fund; which fund shall be kept separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. No fees or commission shall be allowed or paid for assessing, col- lecting, keeping, or disbursing of school moneys; and if at the end of the fiscal year any surplus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal year, and no part of the school fund shall be for any purpose or in any manner whatever di- verted or withdrawn from said fund, except as in this chap- ter provided. Approval of claims. Sec. 718. All claims payable out of the school fund shall be filed with the secretary of the board, and shall be approved by a majority of all the members of the board, and certificate of such approval shall be indorsed thereon; where- upon the secretary of said board shall draw a warrant upon the city tieasurer for the payment thereof, which warrant shall be countersigned by the superintendent. All demands for salaries of teachers and compensation of janitors shall be payable monthly in the same manner without presentation of claims therefor. Payment of demands. Sec. 719. All demands authorized by this article, and by the board approved as aforesaid, shall be paid by the city treasurer from the school fund upon the presentation of the warrants therefor; provided, that the board of education shall not, without the consent of the city council first had, have power to create any debts or liability in any one year to exceed the actual revenue or available means in the city Gen. Laws — 55 Act 2348, J § 750-752 MUNICIPAL CORPORATIONS. 868 treasury under the control of the board, and justly applicable for school purposes for such year. CHAPTER VI. MUNICIPAL CORPORATIONS OF THK FIFTH CLASS. (A charter for cities baring a population of more than 3,000 and not g 10,000.) Article I. — General Powers. Fifth class. Sec. 750. Every municipal corporation of the fifth class shall be entitled the city of (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and places, and in all proceedings whatever; shall have ami use a common seal, alterable at the ph asure of the eity authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, ami control ami dis- pose of the same for the common benefit. Article II. — Geieral Provisions Relating to Officers. Offie< Sec. 751. The government of said city shall be vested rn a board of trustee, to com-' of fi\>' members; a board of ation, to consist of five members; ami whenever a free public library ami reading-room lished therein, five trustees thereof; a recorder; a treasurer; n clerk ; an attorney; a marshal; an assessor, and such subordinate officers as are hereinafter provided for; provided, thai the board of trustees may, in its discretion, by an ordinance adopted, published and recorded as required for general ordinances, at hast thirty days before a general city election, at which city officers are to be elected, unite and consolidate certain offices, by de- claring: 1. The city marshal elected shall be ex-officio superinten- dent of Btrt • • 9, ami health offici r: 2. The city clerk elected shall !>•• ex-officio recorder and as- sessor ; 3. The city treasurer elected shall be ex-officio city taz collector and" licensi tax oil. i 4. The city attorney elected shall be ex-officio city clerk. [Amendment approved February 28, 1901. Stats. 1901, p. 70. In effect immediately.) Election and terms of office. Sec. 7">2. The members of the board of trustees, and of the board of education, and the city clerk, city attorney, 867 MUNICIPAL CORPORATION'S. Act 234S, §§ 753, 751 assessor, marshal, tr°asurer, and recorder shall be elected by the qualified electors of said city at a general municipal election, to be held therein on the second Monday in April, nineteen hundred and three, and on the second Monday in April of • each fourth year thereafter and shall hold office for the period of four years from and after the Mon- day next succeeding the day of such election, and until their successors are elected and qualified; provided, that a general municipal election shall be held in said city on the second Monday in April, nineteen hundred and five, for the election of successors to the members of the board of trustees and of the board of education whose terms of office expire during said year, and said successors shall hold office for the period of two years from and after the Monday next succeeding the day of such election, and un- til their successors are elected and qualified. The board of trustees may in their discretion appoint a poundmaster, also a superintendent of streets, and a city engineer, all of whom shall hold office during the pleasure of the board. [Amendment approved February 26, 1903. Stats. 1903, p. 40. In effect immediately.] Official bonds. Sec. 753. The clerk, treasurer, city attorney, and mar- shal shall, respectively, before entering upon the duties of their respective offices, each execute a bond to such city in such penal sum as the board of trustees by ordinance may determine, conditioned for the faithful performance of h.~ duties, including in the same bond the duties of all of- fices of which he is made by this chapter ex-officio incum- bent. Such bonds shall be approved by the board of trus- tees. All bonds, when approved, shall be filed with the clerk, except the bond of the clerk, which shall be filed with the president of the board of trustees. All the provisions of any law of this state relating to the official bonds of officers shall apply to such bonds except as herein otherwise pro- vided. Every officer of such city, before entering upon the duties of his office, shall take and file with the clerk the con- stitutional oath of office. Vacancies. Sec. 754. Any vacancy occurring in 'any of the offices provided for in this act shall be filled by appointment by the board of trustees; but if such office be elective, such |»ct234S. §§:;-,. TBI MUNICIPAL CORPORATIONS 863 appointee shall hold office only until the next regular election, at which time ■ p< rsos shall be elected to serve for the remainder of such i term; In ease ■ mem- ber of the board of trnsteea is absent from tbe city for tb period of aim ty days, unless by pi rmisaion of the board of trnsteea, his office shall by the 1 ►« •:» r. 1 be declared vacant, ann Vent the hoard of trustees from fixing BUCll BI amounts of compensation, in the first instance, .luring the term of office of any ueh officer, or after his election. The compensation of all other officers shall he fixed from time to time by the board of trni [Amendment approved March 10, 1889. Stats. 1899, p. 389. In effect imme- diately. J Election regulations. See. 758. All elections in such city shall lie held in ac- cordance with the general election laws of the state, far as the same may be made applicable, and no person shall be entitled to vote at Bucb election unless he shall be a qualified elector of the county, enrolled upon the great register thereof, and shall have resided in such city for at least thirty days next preceding such election. The b( of trustees shall give such notii h election as may be prescribed by ordinance, shall appoint I Mon, and fix their compensation, and establish electior precincts and polling-places, .ami may change the Same; provided, that no part of any ward less than the whole tier, of shall be atttehed to any other ward, or part thereof, in forming I tion precincts. At any municipal i lection the last printed great register of the county shall l»- used, and any elector whose name is not upon such printed regis fa r shall he en titled to vote, open producing and filing with the board of election a certificate, under the hand and official seaJ of the 869 MUNICIPAL CORPORATIONS. Act 2348, § § 757-760 eounty clerk, showing that his name is registered and un- canceled upon the great register of such county, provided that he is otherwise entitled to vote. Eligibility to office. Sec. 757. No person shall be eligible to or hold any office in such city, whether filled by election, or appointment, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election or appointment. Free library. Sec. 758. The trustees of any free public library created or existing in such city under the provisions of an act entitled "An act to establish free public libraries and read- ing-rooms," approved April twenty-sixth, eighteen hundred and eighty, shall be elected by the qualified electors of said city, at a general municipal election to be held therein on the second Monday in April next succeeding the passage and approval of this act, and shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified. In case a vacancy shall occur m the office of trustee of such free public library and reading-room, the board of trustees of said free public library and reading- room shall choose a person to fill such vacancy, who shall serve until the next general municipal election, when, if the term does not then expire, a person shall be elected to serve for the remainder of such unexpired term. [Amendment ap- proved April 1, 1897. Stats. 1897, p. 403. In effect im- mediately.] Article III. — Legislative Department. Board of trustees. Sec. 760. The board of trustees shall meet on the Mon- day next succeeding the date of said general municipal elec- tion, shall take the oath of office, shall choose of one their number president, and shall hold regular meetings at least once in each month, at such times as they shall fix by or- dinance. Special meetings may be called at any time by the president of the board or by three trustees, by written notice delivered to each member at least three hours be- fore the time specified for the proposed meeting. All meet- MUNICIPAL CORPORATIONS. 870 of tli. board of trustees shall be hold within the cor- porate limits of the city, at such place as may be designate i by ordinance, and shall be public "gS. Rro. 761. At any mooting of tho board nf trustees, a majority of tho trustors shall constitute a quorum for the ■ n of b usiness , bvt a loss number may adjourn from time to time, and may oompo, tho attendance of ■t members in such manner ami under such penalties as may b bed by ordinance. Tho president of the 1 shall pr< side at all of t hi- board, and in of his absence, tho board may appoint a president pro t( m. ; and in ease of tho absence of tho elork. tho pr< Bident or president pro torn, shall appoint one of the members of the board clerk pro dm. Rules. 762. The board of trustors shall judge of the quali- fications of its members and of all oleetion returns, and rmine contested elections of all city officers. They may blisb rubs for tho eondnst of thrir proceedings, and punish any member, or i n, for disorderly be- havior at any meeting. Thoy shall cause the clerk to keep rroct journal of all thoir proceedings, and, at the desire ..f any merab* r. shall cause the ayes and noes to be taken on any question, and entered on the journal. Limitation on passage of ordinances. Roc 763. No resolution granting any franchise, and no ordinance for any purpose, shall be passed by tho board of trustees on the day of its introduction, nor within five days thereafter, nor at any othet than a regular mooting, or an adjourned regular meeting, and no such resolution and no ordinance granting any franchise shall be passed without being first submitted to the city attorney. No res- olution or ord.r for tho payment of money shall be p: >iv other than a regular me. ting, or an adjourned r* g nlar meeting, and no resolution or ord.r for the payment of money, no resolution granting a franchise, and no or- dinance for any purpose, shall nave any validity or effect unless passed by the affirmative vote of at least three trustees. | Lmendmenl approved March 19, 1889, Stats. 1889, p. 389. In effect immediately.] JT1 MUNICIPAL CORPORATIONS. Act 2348, § 764 Powers of board. Section 764. The board of trustees of such city shall have power: 1. To pass" ordinances not in conflict with the constitution and laws of this state, or of the United States. 2. To purchase, lease, or receive such real estate and per- sonal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey any portion of any waterfront; but may rent such waterfront for a term not exceeding ten years for the purpose of erecting bath-houses thereon. 3. To contract for supplying the city with water and elec- tric or other lights for municipal purposes; to purchase, lease, or construct waterworks, and electric plants, subject to the proviso in this subdivision contained, and all power, machinery, conductors, and appliances necessary therefor, and to supply said city with, and to sell to the inhabitants thereof, water, light, heat and power; provided, that no such purchase or lease shall be made unless the question of ac- quiring such property is submitted to the voters of such eity in the same manner as other propositions, at a general or special municipal election, and a majority of the electors, voting at such election, shall vote in favor of such propo- sition. 4. To establish, build and repair bridges; to establish, lay out, alter, keep open, open, improve and repair streets, side- walks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, oil, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel and curb the same in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places. 5. To establish, construct and maintain drains and sew- ers, and to provide by ordinance for a general system of sewers, and the expense of building and maintaining the same. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. Act 2348. i 7M MlNI<-irAT. CORPORATIONS. OT 7. To impose on and collect from every male inhabitant between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars, and no other road poll tax shall be within t he limits of such city; provided, that any ni.nil.tr of a volunteer fire company in such city shall be exempt from such tax. 8. To impose and collect an annual license, not exceeding two dollar! un every dog owned or harbored within the lim- its of the city. 0. To levy and collect annually a property tax, which shall be apportioned ;is follows: For the general fund, not .\ ing sixty cents on each one hundred dollars; for street fund, not exceeding thirty <•< nts <>n each one hundred dol- lars; for school fund, not exceeding twi tS on each one hundred dollan .'. ■ r fund, not exceeding tin cents on each one hundred dollars. The levy for all pur- B for any one year for all purposes to which such funds an applicable shall not one ioUar on each one hun- dred dollars ut' the assessed value of all r> al and personal prop* ity within such city. in. To lin n-i , for purposes of regulation and revenue, all and evry kind of I, including the sale of intoxicat- ing liquors, authorised by law and transacted or carried on in such city, and all shows, exhibitions, and lawful g carried on tin r. in; to fix the rates of lie. use upon tie i to provide for the collection of the same by suit or otherwise. 11. To improve the rivers and streams flowing through such City, or adjoining the same; to widen, straighten, and deepen the channels thereof, and to remove obstructions therefrom; to improve the waterfront of the city, and to construct and maintain embankments and other works to protect such city from overflow. 12. To erect and maintain bail. lings for municipal pur- poses. 13. To permit, under such restrictions as they may proper, the lavil • of railroad tracks and the running of cars 873 MUNICIPAL CORPORATIONS. Act 2348, § TW drawn by horses, steam, electricity, or other power thereon, and the laying of gas or water pipes in the public streets, and to construct and maintain, and to permit the construc- tion and maintenance of telegraph, telephone, and electrie light lines therein. 14. In its discretion to divide the city, by ordinance, into a convenient number of wards, not exceeding five, to fix the boundaries thereof, and to change the same from time io time; provided, that no change in the boundaries of an/ ward shall be made within sixty days next before the date of said general municipal election, nor within twenty months after the same shall have been established or altered. Whenever such city shall be so divided into wards, the board of trustees shall designate by ordinance the number of trus- tees to be elected from each ward, apportioning the same in proportion to the population of such ward; and thereafter the trustees so designated shall be elected by the qualified electors resident in such ward, or by the general vote of the whole city, as may be designated in such ordinance. 15. To appoint and remove such policemen and such other subordinate officers as they may deem proper, and to fix their duties and compensation. 16. To impose fines, penalties, and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed three hundred dollars, nor the term of such imprisonment exceed three months. 17. To cause all persons imprisoned for violation of any ordinance to labor on the streets, or other property or works within the city. 18. To establish fire limits, and the same to alter at pleas- ure* to regulate or prevent the erection of wooden or other buildings or structures of combustible materials; to regulate the construction of all buildings, sheds, awnings, signs, or any structure of a dangerous or unsafe character; to provide, by regulation, for the prevention and summary removal of Act 2348, § J 765, 766 MUNICIPAL CORPORATIOJfa 874 all filth or garbage in the streets, doughs, alleys, back yards or public grounds of such city, or elsewhere therein; to regulate or prohibit the storage of gunpowdei and combusti- ble or explosive materials of every kind and nature -within the city limits, and to prescribe the limits in which the same may be kept or store d. 19. To do and perform any and all other acts and things Mary and piopex to carry out the provisions of this chapter, and to exact and enforce within the limits of such city all other local, police, sanitary, and other regulations as do not conflict with general laws. [Amendment ap- proved Itfarcl] :t, 1905; 8tats. L906, p. 45. In effect in Sixty days. J Sec. 765. The i oacting clause of all ordinances Bhall b« follows: "The board of trustees of the city of do ordain as follows." Every ordinance shall be signed by the president of the board of trustees, attested by the clerk, and published at least once in a newspaper published in such city, or printed and posted in at least three public places therein. It shall not be necessary in any action, civil or criminal, to plead or prove the organization or existence of such corporation, nor the passage, existence, or validity iv ordinance thereof; and courts shall take judicial cognizance thereof without proof. [Amendment approved March 19, 1SS9. Stats. 1889, p. 389. In effect immedi- at« ly.] Board to audit demands. Sec. 766. All demands against such city, except as otherwise by law provided, shall be presented to and audited by the board of trustees, in accordance with such regulations as they may be ordinance prescribe; and upon the allowance of any such demand, the president of the board shall draw a warrant upon the treasurer for the same, which warrant will be countersigned by the clerk, and shall Bpccify for what purpose the same is drawn, and out of what fund it is to be paid. [Amendment ap- g75 MUNICIPAL CORPORATIONS. Act 234S, § § 767, <6S proved March 19, 1889. Stats. 1889, p. 389. In effect im- mediately.] Indebtedness not to exceed moneys provided. Sec. 767. The board of trustees shall not create, audit, allow, or permit to accrue any debt or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purposes, except in the manner provided by law for incurring indebtedness; provided, that any city during the first year of its exist- ence under this act may incur such indebtedness or lia- bility as may be necessary, not exceeding in all the income and revenue provided for it for such year; nor shall any warrant be drawn, or evidence of indebtedness be issued, unless there be at the time sufficient money in the treas- ury legally applicable to the payment of the same, except as hereinbefore provided. [Amendment approved March 19, 1889. Stats. 1889, p. 389. In effect immediately.] Incurring of excess decided at an election. Sec. 768. If at any time the board of trustees shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purposes for which such indebtedness is to be incurred, they shall give notiee of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of in- debtedness proposed to be incurred; the purpose or purposes if the question of indebtedness for more than one purpose proposed of the same, and the amount of money necessary to be raised annually by taxation for an interest and sink- ing fund as hereinafter provided; provided, that such in- terest shall not be in excess of seven per cent per annum. Such notice shall be published for at least two weeks in some newspaper published in such city, and no other ques- tion or matter shall be submitted to the electors at such elec- tion. If, upon the canvass of the votes cast at such election, it appears that not less than two-thirds of all the qualified Act CI: 1 ?, § 768 MUNICIPAL CORPORATIONS). 87« < lectors voting at such election shall have votoil in favor of incurring such Indebtedness, it shall be the duty of the board of trasteee to pass an ordinance providing for the mode of creating Buch indebtedness and of paying the same; and in Mich ordinance provision shall be made for the levy and collection of an annual tax upon all the real and per- sonal property subject to taxation within such city, mrffi- cient to pay the interest on such indebtedness as it falls due; and also, to constitute a staking fund for the payment 01 the principal thereof within a period of not mure than twi i from the time of contracting of the same. It shall be the duty of the board of trustees, in each year there- after, at the time at which taxes are levied, to levy a tax sufficient for such purposes in addition to the taxes by this oaapter authorized to be levied. Bach tax when collected shall be kept is thfl treasnrj M ■ separate fund, or funds, in ease indebtedness be incurred for different purposes, to be inviolably appropriated to the payment of the principal and interesl of such indebtedness. [Amendment approved ...arch 19, 1889, Stats. 1389, p. 371. In effect immediately.] At thl . s: , D there was another amendment of sec- tion 7GS, as follows: Incurring of badebtedaess to b< decided at an election. If at any time the board of trustees shall deem it necessary to incur any Indebtedness in i in the treasury applicable to the purposes for which such indebtedness is to be incurred, they shall givi l,f a special election by the qualified electors of the city, to be l,,l,l to determine whether Bueh indebtedness shall be in- ( . tirri ,, -hall specify the amount of lndel ness proposed to be incurred, the purpose or purpoeee (11 the question of indebtedness for more than on. purpose be pro- posed) of the Bame, and the amount of money aeeessar; to 1„ raised annually by taxation for an interest and sinking f(1Iltl ,,,,. ,..„.„ purpose, aa hereinafter provided. Bach no- tice shall be published for at least two weeks in some news- S7T MUNICIPAL CORPORATIONS. Act 2348, § 769 paper published and circulated in such city; and no other question or matter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such elec- tion, it appears that not less than two-thirds of all the qual- ified electors voting at such election, or if more than one proposition is submitted, voting on such proposition, shall have voted in favor of incurring such indebtedness, it shall be the duty of the board of trustees to pass an ordinance providing for the work of creating such indebtedness and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city, sufficient to pay the interest on such indebtedness as it falls due; and also to constitute a sinking fund for the payment of the principal thereof within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the board of trustees in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such purposes in addition to the taxes by this chapter authorized to be levied. Such tax, when collected, shall be kept in the treasury as a separate fund, or funded if indebtedness be incurred for different purposes, to be inviolably appropriated to the payment of the principal and interest of such indebtedness. [Amend- ment approved March 19, 1889. Stats. 1889, p. 397. In ef- fect immediately.] Imprisonment. Sec. 769. The violation of any ordinance of such city shall be deemed a misdemeanor, and may be prosecuted by the authorities of such city in the name of the people of the State of Cabfornia, or may be redressed by civil action, at the option of said authorities. Any person sentenced to im- prisonment for the violation of an ordinance may be impris- oned in the city jail, or, if the board of trustees shall by ordinance so prescribed, in the county jail of the county in which such city may be situated; in which case the expense of such imprisonment shall be a charge in favor of such A.t 234?. §5 770. 771 MI'XICIPAL CORPOHATIOXS 87S county against such city. [Amendment approved March 7, 1905; State. 1905, p. 72. In effect in sixty .l:iys.] Nuisances. Every act or thin;; done or being done with the limits of such city, which is or may 1"- declared by law or by any ordinance of such city to be a nuisance, shall be and is aereby declared to be a nuis:. hall be considered and treated as SUCb in all actions and proceedings whatcv. r; and all remedies which are or may be K r ' v,, n by law for the prevention and abatement of nuisances shall apply thereto. Repairs assessed on fronting property. Sec. 771. The board of tm-f'-s ate aereby authorised and empowered to order any work authorized by this chap- ter to be done upon tli' avenues, highways, and pub- lic places of such city. ase LnAurred there- for shall be paid as follows, to wit: i is 01 cost of improving and repairing streets, sidewalks, alleys, squares, and other public highways and places within the city, re- moving obstructions therefrom; grading, paving, maeadatssix- graveling and curbing the same, and constructing gut- and sidewalks therein, shall It apon the lots and lands fronting thereon, each lot or portion of a lot b rately assessed for the full debt thereof in pro- portion to the benefits upon the property to be benefited, sufficient to cover the total expense of the work to the cen- ter of the street on which it fronts, that the board of trus- ad from the general fund lor said purposes a sum not exceeding on.' hundred dollars on any one street in any one year. The expense of all improvements in the space formed by the junction of two or more strtus. ,.r \\ one main street terminates in or crosses another main st r. • t. and also all iocs~.iry Btreet-CTOBSingS, or SlUBSIMJB at cor- ners or intersection of streets, and tl -iish- Ing, building and repairing bridge s in such city, shall be paid by su.h city. The expense incurred in making and repairing sewers in any streets shall be paid, one-fourth by the owner 87* MUNICIPAL CORPORATIONS. Act 234S, § 771 of the lands on one side of said street, one-fourth by the owner of the land on the other side of said street, and one-half by the city out of the sewer fund. In all the streets constituting the water-front of such city, or bounded on the one side by the property thereof, the expense of work done on that portion of said streets, from the center line thereof to the said water-front, or to such property of the city bounded thereon, shall be paid for by such city; but no con- tract for any such work shall be given, except to the lowest responsible bidder, and in the manner hereinafter provided. When any work or improvements mentioned in this section is done or made on one side of the center line of said streets, avenues, or public highways, the lots or portions of lots front- ing on that side only shall be assessed to cover the expenses of said work, according to the provisions of this chapter. Whenever any expenses or cost of work shall have been as- sessed on any lands, the amount of said expenses shall be- come a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in accordance with the provisions of the Code of Civil Procedure. Said suit shall be in the name of the city of (naming it), as plain- tiff. Upon the filing of a complaint in the superior court to enforce a lien of any kind hereon, the plaintiff shall be enti- tled, if a recovery is had or the money is paid, to include as costs the sum of twenty-five dollars as attorney 's fees. Right of way. Sec. 772. Whenever it shall become necessary for the city to take or damage private property for the purpose of es- tablishing, laying out, extending and widening streets and other public highways and places within the city, or for the purpose of rights of way for drains, sewers and aqueducts, and for the purpose of widening, straightening, or diverting the channels of streams, and the improvements of water- fronts, and the board of trustees cannot agree with the owner thereof as to the price to be paid, the trustees may direct proceedings to be taken under section twelve hundred and thirty-seven, and following sections, to and including section Act »«. J J TO. TO IfUNlCIPAL CORPORATIONS. 880 twelve hundred and sixty three »f the Code of Civil Proce- dure, to pTD Onr e the same. City tax 1 SectioD 773. Tin- board of trustors shall have the power, and it shall bo their duty, to provide by ordin . In the assessment, \< ry and aolleetioi of all eity taxes not in- consistent with the provisions of this chapter. All * shall be collected by the marshal or treasurer, as may be de- termined by I ordinance, All I her with any percentage impose, 1 for delin- quency and the costs of col - ill constitute in ns on the property asseseed; every tax upon the personal property shall be a lien upon the rial property of the owner thereof. The liens prorided for iu this eectioo shall attach as of the lay in March of each rood by a sale of th< real property affected, and the execution delivery of all nec< deeds therefor, un- der Buch regalations as may b< 1 by ordinance, or by action in any i-oiirt of competent jurisdiction to foreclose such li'iis; provided, that any property sold for such ta shall be Bubjt emption within li . and upon the terms provided or that may hereafter be provided for the redemption of property sohl for made upon any sale of property for taxes or special set ments under the provisions ^\' this chapter shall have the same force and effeel in evident : nay hereafter be provided by law for deeds for property sold for nonpayment [Amendment approved March 8, 1'JU.J; Stats. ffect in sixty days.] Equalization. Sec. 77 1. The board of trustees shall meet at their usual pis •• of holding n the second Moi day of August at ten o'clock in the for. noon of said day, an>. erection, improvement and repair of all public buildings and works, in rill str>-.t and sower work, and in nil work in or abOtlt Btn :inn, bays, or water-fronts, or in i»r about embankmenl t works for protection • rfiow, :iiicl in furnishing any supplies or materials for the same. When the expenditure required for the same i one handled dollars, |he same shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of gen- eral circulation printed and published in such city, for at least be no n< wspapet printed or pub- i therein, by printing and posting the same in at least four public plac< a therein for the name p< rind. Such notice shall distinctly and specifloally state the work contemplate. i to !■• •• led, that the board of trustees may r. any and all bids presented, and r< advertise, in tlieir di tion. Tl ] shrill annually, at a Stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest bidder, after notice, as provided in this section, and the contract therefor sha awarded separately from all other printing. [Amendment approved March 10, l s '.n. B Jtl, p. 54.] Powers of president. Bee. 77-. Ti • president of the board of trustees shall pre- side over all meetings of the board at which he is pr. s. nt. In his absence a pr. sident pro tern, may be chosen. The pi. sident, and in his abet nee the president pro tern., shall Sign all Warrants drawn on the City treasurer, and, unl ss Otherwise provided by said board, shall sign all written eou- ta entered into by said city, as such president <>r pr. si- dent pro tem. The authority and power of the presid. nt pro tern, shall continue only during the day on which he is chosen. The president and president pro tern, shall have power to administer oaths and affirmations, and take arliria- v itg ,,.i certify the same under tlo ir hands. The pr< sident or presidi nt pro tem. shall sign all conveyances made by said 883 MUNICIPAL CORPORATIONS. Act 2348, §§ 786, 787 city, and all instruments which shall require the seal of the city. The president is authorized to acknowledge the exe- cution of all instruments executed by said city that require to be acknowledged. He shall have power to administer oaths and affirmations concerning any demand upon the treas- ury, and in all matters relating to the duties of the board of trustees, and to witnesses examined in any investigation had by said board, or by any committee thereof duly authorized to make such investigation. Said president may issue sub- poenas under his hand and the seal of such city, attested by the city clerk to compel the attendance of witnesses be- fore such board of trustees or committee thereof. [Amend- ment approved March 19, 1889. Stats. 1889, p. 389. In ef- fect immediately.] Article IV. — Executive Department. Treasurer. Sec. 786. It shall be the duty of the treasurer to receive aDd safely keep all moneys which shall come into his hands as city treasurer, for all of which he shall give duplicate re- ceipts, one of which shall be filed with the city clerk. He shall pay out said money on warrants signed by the proper officers, and not otherwise, except interest coupons on bonds. He shall make quarterly settlements with the city clerk. He shall collect all taxes levied by the board of trustees, if so required by ordinance. [Amendment approved March 19, 1889. Stats.- 1889, p. 389. In effect immediately.] Assessor. Sec. 787. It shall be the duty of the assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city. The mode of making out of said list, and proceed- ings relating thereto, shall be in conformity with laws now in force regulating county assessors, except as the same may be otherwise provided in this act, or by ordinance. Said list shall describe the property assessed and the value thereof, and shall contain all other matters required to be stated in such lists by county assessors. Said assessor shall verify MUNICIPAL roRPORATIONS. 8M ;h. and shall deposit the samo with the • ; r-r Monday of August in i r shall. t' An- ne with, ti.' rk. Said and his deputy shall have power to admimst. r all oaths and affirmations i in the perfofmani duties. (ify clerk, duties ot. i. It shall b the duty of the city el-rk to keep a full and true r all the proceedings of the board of true! rd of equalization. !Th< proceeding! of <: s shall be kept in a book, marked '•!.'' rds of the Board of Trustees." The pro lings of the board of • on shall be k< pt in a separate book, mar' r 1 of Eqnalisatii a. " Be shall which shall be m Ity Accounts," in b shall be entered as a credit all m i Ived by the city for \ the amount of any tax when levied, and all othi r moi md in which shall be en- ! ti poii the deb ill commissions deducted, and all warrants ,lr:iwn on the treasury. He shall also keep a book, marked "Marshal 1 irit," in which he shall charge the city marshal with all the tax lists, if any. delivered to him, and all lie. H-. s delivered to him, He shall credit the marshal with the delinquent lists return. d by him. He shall also keep a book, marked "Tr< Account," in which he shall keep a full account of the transactions of the ■uitu the Bhall also keep a book, marked in which he shall enter all licensi n deli\ en 1 by him to thl . and the amount thereof. He shall also keep a book, marked "City Ordinances/' into which he shall copy all city ordinances, with his certificate aim. \ 1 ing ordinance is a true and eorr. of an ordinal. md giving the 885 MUNICIPAL, CORPORATIONS. Act 2J48, § 788 number and title or said ordinance, and stating that the same has been published or posted according to law. Said record copy, with said certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such evidence in any court or proceeding. Said records shall not be filed in any case, but shall be re- turned to the custody of the city clerk. Nothing herein con- tained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. Each of the foregoing books, except the records of the board of trus- tees and the board of equalization, shall have a general in- dex, sufficiently comprehensive to enable a person readily to ascertain matters contained therein. The city clerk shall also keep a book, marked "Demands and Warrants," in which he shall note every demand against the city, and file the same. He shall state therein, under the note of the demands, the final disposition made of the same; and if the same is allowed and a warrant is drawn, he shall also state the num- ber of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the completion of the assessment roll for any of the taxes of the city, and levying of the tax thereon, the city clerk shall apportion the taxes upon such assess- ment roll, and shall deliver it to the officer charged with the duty of collecting taxes. It shall not be necessary to make a duplicate assessment roll. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oaths and affirmations, to take affidavits and depositions to be used in any court or proceedings in the state, and to certify the same. He and his deputies shall take all necessary affidavits to de- mands against the city without charge. He shall be the custodian of the seal r? such city. He shall make a quar- terly statement, in writing, showing the receipts and ex- penditures of the city for the preceding quarter, and the amount remaining in the treasury. He shall, at the end of every fiscal year, make a full and detailed statement of the Act 2S48. {I 7S9, TM MUNICIPAL CORPORATIONS. 886 saw ipts and expenditures of the preceding year, ami a full • f m nt of the financial condition of the affairs ol the city, which Bhall be published, He shall pi rfbrm such other is tliis act and the ordinances of the board of trus- shall require. [Amendment approved March 19, 1889. Stats. lss;t, p . 3S9. lu effect immediately.] City attori • .'. It shall be the duty of tlie city attorney to ad- vise tin- eity authorities and officers in all legal matters per- taining to the bnsii ad to render such other in the line of his profession as may be required of iiini l>v the board ef trustees. [Amendment approved March 19, 1889. Stats. 1880, p. 389. In effect imm. diately.] Police department ander control of city marshal. 6. 790. The department of police of said city shall be under the direction and control of the eity marshal; and ror the suppression of any riot, public tumult, disturbance of the nst the laws or public authorities In the lawful exercise ef their functions, he shall have the pow- an that arr nmv or may hereafter be conferred upon sheriffs by the laws of the state, and shall, in all respects, be entitled to the same protection; and his lawful orders shall be promptly executed by deputies, poHee officers and watchmen ltd eity, and every Citizen shall also lend him aid, when required, tor the ai "d maintenance of pub- lie order. Ee shall and is hereby authori and rn all process issued and directed to him by any legal authority. It shall be his duty to prosecute before the re- corder all breaches or violations of or non-compliance with any city ordinance which shall come to his knowledge. Jlo shall collect all taxes levied by the board of trustees, except as is herein provided. He shall, at the expiration of any month, pay to the eity treasurer all taxes and ether funds of said city collected 1; him during said. month. He shall, upon payment of the money, fill with the treasurer an affidavit, stating that tie money so paid is all the taxes or funds that he lias collected or received] during the preceding month. He shall, upon the receipt of any tax list, give his receipt tor the >:1 iik to • I shall, up a depositing with the city clerk the delinquent tax list, take his receipt th< n He shall receive from the clerk all city licenses and collect the same, lie shall have sharge of the city prison and pris- oners, and of any chain-gang which may lished by the board of trustees, i ■ Bhall, for Bervice ol receive the same fees M CO He may appoint, sub- 887 MUNICIPAL CORPORATIONS. Act 2348, 5§ 791-7W ject to the approval of the board of trustees, one or more deputies, for whose acts he and his bondsmen shall be respon- sible, whose only compensation shall be fees for the service of process, which shall be the same as those allowed to the city marshal. He may also, with the concurrence of the pres- ident of the board of trustees, when the same may be by them deemed necessary for the preservation of public ord'r, appoint additional policemen, who shall discharge the duties assigned them for one day only. He shall perform such other services as this act and the ordinances of the board of trus- tees shall require, and shall receive such compensation from the city as shall be fixed by ordinance, in addition to such mileage and fees as he shall receive in the service of process of the courts of this state, other than the recorder's court of such city, which mileage and fees shall be the same as is al- lowed by law to constables in the county in which such city is situated. [Amendment approved March 23, 1893. Stats. 1893, p. 299.] Board to fix compensation. Sec. 791. The board of trustees shall, by ordinances not inconsistent with the provisions of this chapter, prescribe the additional duties of all officers, and fix their compensa- tion. Article V. — School Department. School district. Sec. 795. From and after the organization of each of such cities, the same shall constitute a separate school district, which shall be governed by the board of education of such city; provided the board of supervisors may include more territory in such school district than that included in such city, and that in that case such outside territory shall be deemed a part of such city for the purpose of holding the general municipal election, and shall be an election precinct by itself and its qualified electors shall vote only for the board of education, and said outside territory shall be deemed to be a part of said city for all matters connected with the school department, and the annual levying and collecting of the property tax for the school fund. [Amendment approved March 10, 1891. Stats 1S91, p. 28.] Vacancy in board. Sec. 796. In case a vacancy shall occur in the office of school director, the board of education shall choose a person to fill such vacancy, who shall serve until the next election, when, if the term does not then expire, a person shall be elected to serve for the remainder of such unexpired term. Act 234S. 5 5 737. 7.S MUNICXJPJLL COIU'OUAT. 888 Me. ti ! mrct on the sec- ond T ral municipal election, and choose |] appoint tary, who shall hold at i board. The reg- nlar i (ball thereafter be held aa often as oi b month, in the place provided for the board of tr ad the time for holding inch meetings Bhall be Sp< cial me< t inga oi - board mi I when called by written notice, Bigned by its presid( nt. -. .ui.l delivered person- ally ' Who shall not have signed the ■ . i q torum, and no busi- by said board oi education without Its no mliiTs; but a majority of may adjourn from time to time. All the meet! 1 hoard of education shall be public, and ful -hall !><■ kept by i Aid hoard. The members of the hoard oi .tion shall r< i ligation for thei • Iment approved March 7, 1891. L891, p. ill.] •' board* ; on shall have power: 1. To eetabriah and maintain public, primary, kindergarten, grammar, and and, to a bdivide the school and to ii x and alter the boundaries of such divi- sions. 2. To employ and dismiss a superintendent of schools, tors, tru ant-officers, and Bcbool-eensus marshals, i,, Bx ) alti r. allow and order paid their salaries or COm- 1 to employ a ich mechanics and labor- to carry into effect the powers hereby rred. 3. To make, establish, and enforce all necessary or proper rules and regulations, not in conflict with the laws of this B fc a t ( ament and management of public schools ; M such city, i 1 thereof, and the pupils therein, and for carrying into effeel the laws relating to education, i provide for the school department of such city, fuel and lights, water, printing, and stationery, and to incur such Other incidental expenses as may be deemed m Cessary by sai.l board. 885 MUNICIPAL CORPORATIONS. Act 2848, § 7'JS 5. To build, alter, repair, rent and provide school-houses, and to furnish the same with proper school furniture, appa- ratus and appliances, and to insure any and all school prop- erty. 6. To purchase, receive, lease and hold in fee, in trust for such city, any real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the schools of such city; provided, that no real estate shall be bought, sold, or exchanged, nor auy ex- penditure incurred for the construction of new school-houses, without the approval of the board of trustees; and provided further, that the proceeds of any such sale or exchange of real estate si: 'J be exclusively applied to the purchase of other lots for the erection of school-houses. 7. To grade, fence, and improve all school lots. 8. To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto; and iu ' fmrsuance of this provision, the board of education shall, at east ten days before the meeting of the board of trustees at which the annual city taxes are levied, submit in writing to the board of trustees a careful estimate of the whole amount of money to be received from the state and county, and of the amount to be required from such city for the above-nu n- tioned purposes; and the amount so found to be required from the city shall, by the board of trustees, be added to the above amounts to be assessed and collected for city purposes, and when collected, the proceeds thereof shall be immediately paid into the school fund of such city, to be drawn out only upon the order of the board of education; provided, that such annual tax shall not exceed twenty-five cents on each one hundred dollars of the assessed valuation of the real and personal property within such city. 9. To establish regulations for the just and equal disburse- ment of all moneys belonging to the school fund. 10. To discharge all legal incumbrances existing at the time of the incorporation of such city, or thereafter, on any school property within such city. 11. To admit non-resident children, and persons over twenty-one years of age, to any of the departments of the schools of such city, upon the payment monthly, in advance, of such tuition fee as said board may establish. 12. To prohibit any children under six years of age from attending the public schools. ■ ||7SMM MlNiriTAT. CORPORATION'S. WO 13. To establish and reflate the grades of schools in such city, and the OOOTSe of Study, and the mode of instruction to be pursued therein, .- 1 1 1 . 1 determine what I shall be ate a. n. To >t the members of the board shall be suffi- cient to bjmn the court jurisdiction to bear and determine line. Treaaurer custodian of mom All m treasurer of BOOnty wherein such city may lie situated, -m account of aohooi fnnd of such eity, <>r the Bchool district eoi - the same, and all sums re.', i\e,| into th. mT 7t which may be apportioaed to said eity ..r district, shall be paid to the tr. i-e,r. r of sneh city, by the treasure? at such county, as - i as received. ,.r at the apportionment shall be made, when apportionment is necessary, upon the nrdi r uf the board of education. JVmands. S.c. s^l. The president of the board of education shall have power t.> administer oaths and affinnations ooaeeming any demand upon the treasury, payabfc waooJ fund, and in all other mat:' i the duti board of education, and to witnesses examined in any ii ligation had by such board of education, or by a conn: thereof, duly appointed by it, for that purpose. President may compel witnesses. ■. 8Q2. Baid |, resident may issue subpoenas under his hand and the seal oi such city, to compel the attendance of aril rd ol education, or committee thereof, who shall be entitled to the sail!' - in civil cast B, and who may be pun- i-i. . d for conti mpt for aon a 891 MUNICIPAL CORPORATIONS. Act 234$, §§ S, 3- SO", or to answer, by the superior court of the county in which Buch city may be situated. Warrants. Sec. 803. Every claim payable out of the school fund shall be filed with the secretary of the board of education, and after it shall have been approved by the board a certificate of such approval shall be indorsed thereon, signed by the president and secretary, and a warrant upon the school fund shall be issued thereon for the payment of such claim, which warrant shall be signed by the president of such board, and countersigned by the secretary and shall specify for what purpose the same is drawn. Duties of secretary. Sec. 804. The secretary shall report to the board annu- ally, and at such other times as they may require, all mat- ters pertaining to the expense, income, condition, and pro- gress of the public schools of said city during the preced- ing year, with such recommendations as he may deem proper. He shall observe, and cause to be observed, such general rules and regulations for the government of and instruction in the schools, not inconsistent with the laws of the state, as may be established by the board of education. He shall attend the sessions of the board, and inform them at each session of the condition of the public schools, school-houses, school funds, and other matters connected therewith, and recommend such measures as he may deem . necessary for the advancement of education in the city, and shall perform such other duties as may be required of him by the board. He shall receive as compensation for his services, payable out of the school fund, such sum as the board of education from time to time may allow. Fund shall not be diverted. Sec. 805. The entire revenue derived by such city from the state school fund and the state school tax shall be applied by said board of education exclusively to the sup- port of primary and grammar schools. Article VI. — Judicial Department. Recorder's court. Sec. 806. A recorder's court is hereby established in such city, to be held by the recorder of such city, provided, t»*t ■"•.he i-rovisions of this section as to the establishment of Act 234S, § § S ' v hi" . penalty, or i'eiture prescribed tor tin- breach of any ordinance of bucd city, of all actions founded upon any obligation or liability created by any ordinance, and of all prosecutions for any violation of any ordinance. In all civil actions for the re- covery of any tin , penalty, or forfeiture, prescribed for the breach Of any ordinance ot such city, win re the fine, pen- alty <>r forfeiture imposed by the ordinance is mil BJon than fifty dollars, the trial must he by the court, in civil action--. where the tine, penalty or forfeiture prescribed for the breach of any ordinance of such eity ; s over fifty dollars, the defendant is entitled to a jury. Bicepl as in this section otherwise provided, tin- rules of practice and mode of pro- ceeding in said recorder's court shall be the same as are or may be prescribed by law tor courts in Like s, and appeals may be taken to tin superior court of the county in which Bucfa city may be situated, iron all judg- ments of said recorder's court in like manner and with like effect as in cases of appeals from justioes' courts. [Am ment approved March 7, 19U5; Stats. 19u5, p. 72. In effect in sixty days.] Powers of recorder as judge. 807. The recorder shall be judge of the recorder's court, and shall have the powers .ami pi rform the duties of a magistrate. He may administer and certify oaths and affirmations, and take and icknowledgments. He Bhall be entitled to charge and receive for his services such fees as are or may be allowed by law to justices of the peace for like services, except that for his scrvio s in criminal prosecution for violation or ordinances he shall be entitled to receive only such monthly salary as the hoard' of trustees shall by ordinance prescribe; which com- pensation, when once fixed, shall not be altered within two yi a is. Recorder, whin disqualified as judge. Sec. siis. In all eases in which the recorder is a party, or in which he is interested, or when he is related to ei;lu r 893 MUNICIPAL CORPORATIONS. Act 2348. §§ 810-81". party by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness or in- ability to act, the recorder may call in a justice of the peace residing in the city, to act in his place and stead; or if there be no justice of the peace residing in the city, or if all those so residing are likewise disqualified, then he may call in any justice of the peace residing in the county in which such city may be situated. Article VII. — Miscellaneous Provisions, Collection of moneys. Sec. 810. Every officer collecting or receiving any iQoneys belonging to or for the use of such city shall setile for the same with the clerk on the first Monday in each month, and immediately pay the same into the treasury, on the order of the clerk, for the benefit of the funds to which such moneys respectively belong. No officer to be interested in contract. Sec. 811. No officer of such city shall be interested, di- rectly or indirectly, in any contract with such city, or with any of the officers thereof, in their official capacity, or in doing any work or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or mate- rials furnished, in which any such officer is interested, shall be void, and if audited and allowed shall not be paid by the treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. Nuisances. Sec. 812. Every act or thing done or being within the limits of such city, which is or may be declared by law or by any ordinance of such city to be a nuisance, shall bi and is hereby declared to be a nuisance, and shall be con- sidered and treated as such in all actions and proceedings whatever; and all remedies which are or may be given by law for the prevention and abatement of nuisances shall apply thereto. Fire departments. Section 813. The fire department of a city of the fifth class shall consist of companies of volunteer or paid firemen, as the board of trustees may determine, organized into en- gine, hose, or hook and ladder companies. Such fire depart- Act 2MS. JJ850 MUNICIPAL CORPORATIONS. &* mint, except where the Mine comprises one or more com- panies of paid Bremen, and such companies of volunteer firemen, •hall elect their own officers; but the board of trus- tees shall appoint the chief and other officers of such depart- ment, win re the same comprises one or more companies of paid firemen, The eleetion of any person as chief of any niefa vohmti i r firr department shall be forthwith certified by the secretary of said department to the board of trustees of such city, and by them, at their next regular meeting, confirmed. Tin chief of the fire department shall give a bond to tin chairman of the board of trustees of such city, in the sum of one thousand dollars; the chief of every fire department shall inquire into the cause of every fire occur- ring in the city, and keep a record thereof. He snail have roil of the Working of the fire department in time of conflagration or fire. He must aid in the enforce- ment of all lire ordinances duly enacted, examine buildingB in process of election, report violation of ordinances relating to the prevention and extinguishment of fires when directed by tin- proper authorities, and institute proceedings therfor, and shall have g< to r il control, management, and direction of the fire companies, hose, book and ladder companies, and en- gine, and fire departments of such city, and shall perform such other duties as mav be by the ordinances of said city, or by law, imposed upon him. His compensation, which shall not be less than ten dollars per month, must be fixed and paid bv the board of city trusters. [Amendment approved February 20, 1905; Stats. 1903, p. 16. In effect imme- diately.] CHAPTER VLT. MT'NICIPAL CORPORATIONS OF THE SIXTH CLASS. (A charter for cities and towns having a population of not e.\r, , ding 3,000.) For an act to enable municipal corporations of the sixth claaa lo elect olliirrsi, fe act 2&9Q, ;ost. Article I. — General Powers. Sixth class. Sec. s -"". Every municipal corporation of the sixth class shall be entitled the city (or town) of (naming and by such name shall have perpetual succession, mav sue and be sued in all courts ana places, and in all pro dings whatever; shall have and use a common seal, al- terable at the pl< th< city or town authorities, and g 95 MUNICIPAL, CORPORATIONS. Act 2348, §§ 851 -863 may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common benefit. Article IT. — General Provisions Eelating to Officers. Officers. Sec. 851. The government of such city or town shall be vested in a board of trustees, to consist of five members; a clerk, who shall be ex-officio assessor; a treasurer; a marshal, who shall be ex-officio tax and license collector; a recorder, to be appointed by the board of trustees; and such subordinate officers as are hereinafter provided for. [Amendment approved March 27, 1895. Stats. 1805, p. 266.] Election and tenure of office. Sec. 852. The members of the board of trustees and the clerk, treasurer, and marshal shall be elected by the quali- fied electors of said city or town at a general municipal election to be held therein on the second Monday in April in each even-numbered year. The clerk, treasurer, and marshal shall hold office for the period of two years from and after the Monday next succeeding the day of such election, and until their successors are elected and quali fied. Members of the board of trustees shall hold office for the period of four years from and after the Monday next succeeding the day of such election; and until their suc- cessors are elected and qualified; provided, that the first board of trustees elected under the provisions of this act shall, at their first meeting, so classify themselves by lot as that three of their number shall go out of office at the expiration of two years and two at the expiration of four years. The board of trustees may, in their dis- cretion, appoint an attorney, a pound-master, a supe-rinten dent of streets, a civil engineer, and such police and other subordinate officers as in their judgment may be deemed necessary, and fix their compensation, which said officers shall hold office during the pleasure of said board. Official bonds. Sec. 853. The clerk, treasurer, and marshal shall, re- spectivrly, before entering upon the duties of their respec- tive offices, each execute a bond to such city or town in such penal sum as the board of trustees by ordinance may determine, conditioned for the faithful performance of his duties, including in the same bond the duties of Act Btf. j j 854-836 MUNICIPAL CORPORATIONS. m all offices of which he is made by this cha Tlcio incumbent j such bonds Bhal] be approved by th( board ol trustees. All bonds, when approved, Bhal] be died with the clerk, except the bond of the clerk, which shall b< with the president of the board of trustees. All the provi- sions of any law of this state relating to the official bonds of officers shall apply to such bon.ls, exci pt as herein other- wise provided. Every officer of Buch city, befoxe entering upon the duties of his office, Bhall take and file with the clerk the constitutional oath of oflice. Vacancies, how filled. 8©C vacancy occurring jn any of the offices provided i'or in this act shall be filled by appointment by the boar. I of trustees; but it such office be eJeetiye, such appointee Bhall hold pffict only until the next regular elec- tion, at which timi a person shall he eli for the remainder of Bucb unexpired tirm. ! . member of the board of trustees is absent from the city for the period of oinety days, unless by permission of the board of trustees, in :il by the board be declared vacant, and tin aame filled as in case of other vacancies. Compensation, . 355. The members of the board of trustees shall receive do compensation whatever. The clerk, treasurer, marshal, ami recorder shall severally r< ceive, at state. 1 times, impensatiom, to be fixed by ordinance by tin board of trusties, which compensation shall not be increased or dim- inished alter their election, or during their several terms office. Nothing herein contained .-hall be construed to pre- vent the board of tru tees from fixing such several amounts of compensation in the lirst instance, during the term of office of any such officer, or after his election. The com- peosatioi Of all other officers shall be fixed troiu time to time by the boards of trust. Election provisions. Sec. 856. All elections in such city or town shall be held in accordance with the general election laws of the state, so far as tin same may b< made applicable; and no person shall be entitled to vote at such election unless shall be a qualified elector of tin county, enrolled upon tin g thereof, and shall have resided in such city for at U;iat thirty dayi i.e.. ling such election. 897 MUNICIPAL CORPORATIONS. Act 2348, §| 8i/-859 The board of trustees shall give such notice of each election as may be prescribed by ordinance, shall appoint boards of election, and fix their compensation, and establish election precincts and polling-places, and may change the same. At any municipal election the last printed great register of the county shall be used, and any elector whose name is not upon such printed register shall be entitled to vote upon producing and filing with the board of election a cer- tificate, under the hand and official seal of the county clerk, showing that his name is registered and uncanceled upon the great register of such county; provided, that he is other- wise entitled to vote. Eligit ility to office. Sec. 857. No person shall be eligible to or hold any elective office in such city, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election. [Amendment, became a law under constitutional provision without gov- ernor's approval, March 14, 1901. Stats. 1901, p. 293. In effect immediately.] Article HI. — Legislative Department. Board of trustees. Sec. 858. The board of trustees shall meet on the Mon- day next succeeding the date of said general municipal election, shall take the oath of office, shall choose one of their number president, and shall hold regular meetings at least once in each month, at such times as they shall fix by ordinance. Special meetings may be called at any time by the president of the board, or by three trustees, by written notice delivered to each member, at least three hours before the time specified for the proposed meeting. All meetings of the board of trustees shall be held within the corporate limits of the city, at such place as may be designated by ordinance, and shall be public. Meetings. Sec. 859. At any meeting of the board of trustees a majority of the trustees shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of ab- sent members in such manner and under such penalties as may be prescribed by ordinance. The preside nt of the hoard shall preside at all meetings of the board, and in case of Gen. Laws — 57 Act 2348. J 3 860-862 MUMICIPAX CORPORA!"- 89S bis absence the board may appoint a president pro tern.; and iD case of the absence of the oli rk. the president or E resident pro tern, shall appoint one of the members of the nard clerk pro tern. Rules. Sec. 860. The board of trustees shall judge of the quali- fications of its mi iiiln rfl and of all election returns, and £iooi oi all nty officers. They may blish rules fur the conduct of their proceedings, and punish any im iiiln r or nth»r person for disorderly behavior at any meeting. They shall eause the clerk to keep a cor- rect journal of all their pi pa, and at the desire of any member shall cause tin ayes and noes to be taken on any question, and enter.. 1 mi the journal. Franchises and resolutions to pay money. '. No ordinance, and no resolution granting any franchise for any purpose, shall be passed by the board of trust 1 iy of its introduction, nor within five - then after nor at any other than a regular meeting. .v. resolution or order for the payment of money shall be .1 at any other time than at a ii ■efiilar meeting. And hi h ordinance, resolution, or order shall have any va- lidity or effect ui. 1 by the votes of at least three trustees. Powers. 862. The bopxd of trustees of said city shall have power: Orlinarn 1. To pass ordinances not in conflict with the constitu- tion and laws of th's state or of the United States. Real estate. 2. To purchase, lease, or receive such real estate and per- sonal property as maj I irj or proper tor municipal purposes, and to control, dispose of. any convey the same for the benefit of the city or town; provide. l, they shall not have powi r In sell or convey any portion of any water front. Water. :;. To contract for supplying the city or town with water for municipal purposes, or to acquire, cons tenet, repair, ami manage pumps, aqueducts, reservoirs, or other works neces- 899 MUNICIPAL CORPORATIONS. Act 234S, § 862 sary or proper for supplying water for the use of such city or the inhabitants, or for irrigating purposes therein. Highways. 4. To establish, build, and repair bridges; to establish, lay out, alter, keep open, improve, and repair streets, side- walks, alleys, squares, and other public highways and places within the city or town, and to drain, sprinkle, oil, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same, in whole or in part, and to con- struct gutters, culverts, sidewalks, and cross-walks therein, or on any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to man- age and control all such highways and places; and in the exercise of the powers herein granted to expend, in their discretion, the ordinary annual income and revenue of the municipality in payment of the costs and expenses of the whole or any part of such work or improvement. Sewers. 5. To construct, establish, and maintain drains and Fire extinguishment. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. Poll tax. 7. To impose on and collect from every male inhabitant, between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars; and no other road poll tax shall be collected within the limits of the city. Dog tax. 8. To impose and collect an annual license not exceeding two dollars on every 'male dog, and four dollars on every female dog owned or harbored within the limits of the city. Property tax. 9. To levy and collect annually a property tax, which shall not exceed seventy-five cents on each one hundred dollars. Act 2348, $862 Ml'Nle'IPAL CORPORATIONS. 900 Iiiccnscs. 10. To license, for the ptu E revenue and regula- tion, all and every kind of business authorized l>y taw and transacted and carried on in such eity or town, and all shows, exhibitions, and lawful games earned on therein; to fix the rates of license tax upon the same, and to provide* for the collection of the same by suit or otherwise. Water-front improvement. 11. Tu improvp the rivers ami streams flowing through such city or adjoining the sane; to widen, straighten, and deepen the channels tin reof, and re move obstructions there- from; to improve the water-front of the city; to construct and maintain embankments and other works, to protect such city from overflow; and to acquire, nwnj construct, maintain, and operate on any lands bordering on any nav- igable bay, lake, inlet, river, ere. k, Blough, or arm of the \ithin the corporate limits of such eity or contiguous thereto, wharves, chutei, piers, breakwaters, bath-houses, and lit". -sa\ ing stations. Public buildings. 12. To erect and maintain buildings for municipal pur- poses. Tracks and pipes. 13. To acquire, own, construct, maintain, and operate street railways, t< le] hone and telegraph lines, gas and other works for light and heat; public libraries, museums, gymnasiums, rks, and baths, and to permit under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, or other pOW8T thereon, ami tin laying of gas and water pipes in the public streets, and to permit the construction and maintenance of telegraph and telephone lines therein. Violation of ordinances. 11. To impose fines, penalties, ami forfeitures for r.nv and all violations of ordinances; ami for any breach or viola- tion of any ordinance; to fix the penalty by fi.e or impris- onment, or both; but no such fine shall exceed three hun- dred dollars, nor the te>rm of imprisonment excet .] time months. 901 MUNICIPAL, CORPORATIONS. Act 2348, §§ 863-865 Prison labor. 15. To cause all persons imprisoned for violation of any ordinance to labor on the streets, or other public property, or works within the city. Fire limits. 16. To establish and maintain fire limits, and to regulate building and construction within the municipality. Other acts. 17. To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act. [Amendment approved March 9, 1903. Stats. 1903, p 93. In effect immediately.] Enacting clause. Sec. 863. The enacting clause of all ordinances shall be as follows: "The board of trustees of the city (or town) of , do ordain as follows:" Every ordinance shall be signed by the president of the board of trustees, attested by the clerk, and published at least once in a newspaper published in such city or town, or printed and posted in at least three public places therein. Demands. Sec. 864. All demands against such city or town shall be presented to and audited by the board of trustees, in ac- cordance with such regulations as they may by ordinance prescribe; and upon the allowance of any such demand, the piesident of the board shall draw a warrant upon the treasurer for th( sam , which warrant shall be counter- signed by the clerk, and shall specify for what purpose the same is drawn, and out of what fund it is to be paid. Indebtedness not to exceed available funds. Sec. 865. The board of trustees shall not create, audit, allow, or permit to accrue, any debt or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purposes; provided, that any city or town during the first year of its existence under this act may incur such indebtedness or liability as may be necessary, not exceeding in all the income and rev- enue provided for it in such year; nor shall any warrant be drawn, or evidence of indebtedness be issued, unless \el 234S, §§ 66C, S67 MTNKirAL CORPORATIONS. 90i there bo at the time sufficient money in the treasury legally applicable to the payment of the same, except as herein- provided. Incurring excess decided by vote. Sec. Rfifi. Tf at any time the board of trustees shall D it necessary to incur any indebtedness in excess of v in tin treasury applicable to the purpose for which such indebtedness is to be incurred, they shall give notice of a special election by the qualified electors of the city it town, to be .lfhl to determine whether such in- d« btedneSfl shall be incurred. Such notice shall specify the amount of indebtedness proposed la be incurred, the pur- pose or purposed of the same, and the amount of money nec- ry to be raised annually, by taxation, for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least two weeks in some news- paper published in such city or town; and no other ques- tion or matter shall be submitted to the electors at such i lection. It' upon a canvass of the votes cast at such elec- tion it appi ars that not less than two-thirds of all the Snalifted electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be the duty 01 the board of trustees to pass an ordinance providing for the modi of creating such indebtedness, and of paying the game; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal prop* rty subject to taxation within such ci*y 01 town, sufficient to pay the interest on such indebted as it falls due; and also to constitute a sinking fund for the payment of the principal thereof, within a period af not more than twenty years from the time of contracting tii,. same, [1 shall be the duty of the board of trustees, in r thereafter, at the time at which other taxes levied, to levy a tax sufficient for such purpose, in addition to tin tax.- by this chapter authorized to be levied. Such tax, when collected, shall be kept in the treasury as a sep- arat( . Intel, bO 1»' inviolably appropriated to the payment oi the principal and interest of such indebtedness. I ncarci ration. Sec, 8G7. The violation of any ordinance of such city or town shall be deemed S misdemeanor, and may be pi anted by the authorities of such city or town in the name of the people of the state of California, or may be redressed 003 MUNICIPAL, CORPORATIONS. Act 2348, §§ 868, 869 by civil action, at the option of said authorities. Any per- son sentenced to imprisonment for the violation of an or- dinance may be imprisoned in the jail for such city or town; or if the board of trustees by ordinance shall so prescribe, in the county jail of the county in which such city or town may be situated, in which ^case the expense of such imprisonment shall be a charge in favor of such county and against such city or town. Nuisances. Sec. 868. Every act or thing done or being within the limits of such eity or town, which is or may be declared by law or by any ordinance of such city or town to be a nuisance, shall be and is hereby declared to be a nui- sance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may be given by law for the prevention and abate- ment of nuisances shall apply thereto. Cost of street work assessed on fronting property. Sec. 869., The board of trustees are hereby authorized and empowered to order any work authorized by this chap- ter to be done upon the streets, avenues, highways, and public places of such city or town. The cost and expense incurred therefor shall be paid as follows, to wit: The expense or cost of improving and repairing streets, side- walks, alleys, squares, and other public highways and places within the city or town, removing obstructions therefrom; grading, paving, macadamizing, graveling, and curbing the same, and constructing gutters, culverts, and sidewalks there- in, shall be assessed upon the lots and lands fronting there- on, each lot or portion of a lot being separately assessed for the full depth thereof in proportion to the benefits upon the property to be benefited, sufficient to cover the total expense of the work to the center of the street on which it fronts; provided, that the board of trustees may ex- pend from the general fund for said purposes a sum which in their judgment may be necessary. The expense of all improvements in the space formed by the junction of two or more streets, or where cne main street termin- ates in or crosses another main street, and also all nec- essary street crossings, or crossways at corners or inter- section of streets, and the expense of establishing, build- ing, and repairing bridges in such city or town, shall be paid by such city or town. The expense incurred in mak- Act 2348, { 870 MUNICIPAL, CORPORATIONS. »04 in;: and repairing sewers in any street shall be paid, one- i. liy the owner of the lands on one side of said street, iiii' fourth by the owner of the land on the other side of sail! .1 one-half by the cit, or town out of the r fond. In all the streets constituting the water- iront of Bach cijy or town, or bounded on the one side by tin property thereof] thi Of work done on that por- tion of sai.i s' nter line thereof to the said water-fro inch property of the city or town bound- M. shall l»t- |>ai ad which ma] dosed in ;. with the provisions of the Code of Civil Pro- cedure. Such suit shall be iii the name of such city or town as plaintiff. Qpon the filing of a complaint in the superior •<• a lit ii of any kind hereon, the plaintiff shall be entitled, if :i recovery is had or i. lid, to in- cludi the sum of twenty-five dollars as attorney's I Bight of way. Whenever it shall become necessary for the city or town to take or damage priva rty for the purpose of establishing, laying out, extending and widening Btl and other public highways and places within the city or town, or tor the purpocw of rights of way for drains, aewers and aqueducts, and for the purpose of widening, straightening or diverting the channels of tprovement of ox the acquisition or maintenance of public har- bors, the trustees may direst proceedings to be takes under a/elve hundred and thirty-seven and following BeetioBs, to and including section twelve hundred and sixty-three of the Cede of I wril Proceduri me, [Amend- ment approved Februarj 20, 1801. State. limi, p. 12. lu effect immediately.] 905 MUNICIPAL CORPORATIONS. Act 234S, § 871 Levy of taxes. Section 871. The board of trustees shall have the power, and it shall be their duty, to provide by ordinance a system for the assessment, levy, and collection of all city or town taxes not inconsistent with the provisions of this chapter. All taxes shall be collected by the marshal or treasurer, as may be determined by the board of trustees by ordinance. All taxes assessed, together with any percentage imposed for delinquency and the costs of collection, shall constitute liens on the property assessed; every tax upon personal property 8hall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year, and may be enforced by a sale of the real property affected, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance, or by action in any court of competent jurisdiction to foreclose such liens; provided, that any property sold for such taxes shall be subject to redemption within five years and upon the terms provided or that may hereafter be provided for the re- demption of property sold for state taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for nonpayment of state taxes. Section 3 of the act amending this section and section 773 is as follows: Sec. 3. This act shall not repeal, or in any manner affect, modify, or interfere with the provisions of an aet entitled 1 ' An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incor- porated under the laws of the State of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed by certain offices of the county, and fixing the compensation to be al- lowed for such county officers for the services so rendered to such municipal corporations," approved March 27, 1895; or any of the provisions of an act entitled "An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state, except municipal corporations of the first, sec- ond, third and fourth classes, and cities operating under a charter framed under section 8, article 11, of Constitution," Act 234S. §5 872-874 MUK1CIPAL V. »UP"KATIONS. K>S approved March 2, 1891. [Amendment approved) M;irch 8, : St its. LAOS) p. 89. In effect in sixty days.] Equalization. She l«'ard of trustees shall meet at their usual of holding taeetingi h the Ifosnay of tasnnfl of each Tear, :it t " - of mid day, and sit as a board of I -qual i/.at ion, and shall continue in scs- lioa from day to 'lay until all 1 1 i • - rctur been rectified. Tha shall have power to hear com- plaints, and to eorreet, modify, Ot strike out any assessment. made by the anneaaer, and may, of their own motion, r tinv ass.-- aity whose assessment is to be rahms The Bee each tax shall be hhe I roll for said ma for said year. It shall be ci'i rk, who shall act as clerk of the board of equal- i g the assessment roll for said tax, and shall roll upon which such tax is to be levied in mid Uenetraotioa of act. ■ thine in this chapter contained shall be con- ■treed be prevenl any city or town baring a bonded indebt- edness, contracted under laws heretofore passed, from levy- ing and collecting such tax. s for the paym. nt of such indi bt- edness, and thi interest thereon, as are provided for in mmh i, in addition to th. r.in authorized to be levied and collected. All moi red from licenses, street poll from Ones, penalties, and forfeitures, shall be i>aid into the p< neral fund. Public \Mirk to be done by contract. S, , . B74. In the erection, improvement, and repair of all public buildii . »rka, in all street and sewer work, and in all work in or about bays, or water-fronts, or in «,r about embankments, or other works for protection against and in famishing any supplies or materials for the liture required for the same exceeds the gum of one hundred dollars, the same shall be done by cuntl shall be let to the Ion visible bidder, • ootiC4 by publication in a newspaper of general circula- printed and published in such city or town, for at • ,t there b< no newspaper printed or published therein, bj printing and I- • same in at least four public places therein for the same period; such notice shall distinctly and specifically state the work contemplated b 907 MUNICIPAL CORI'ORVTIONS. Act 2348, §§ 875-877 done; provided, that the board of trustees may reject any and all bids presented and roadvertise, in their discretion. The board of trustees shall annually, at a stated time, con- tract for doing all city printing and advertising, which con- tract shall be let to the lowest bidder, after notice, as pro- vided in this section. [Amendment approved March 9, 1897. Stats. 1897, p. 89.] Signature of warrant and contracts. Sec. 875. The president of the board of trustees shall pre- side over all mating of the board at which he is present. In his absence a president pro tern, may be chosen. The president, and in his absence the president pro tem., shali sign all warrants drawn on the treasurer, and shall sign all written contracts entered into by said city or town, as such president or president pro tem. The authority and power of the president pro tem. shall continue only during the day on which he is chosen. The president and president pro tem. shall have power to administer oaths and affirmations, and take affidavits and testify the same under their hands. The president or president pro tem. shall sign all conveyances made by said city or town, and all instruments which shall require the seal of the city or town. The president is authorized to acknowledge the execution of all instruments executed by said city or town, that require to be acknowledged. Article IV. — Executive Department. Treasurer. See. 876. It shall be the duty of the treasurer to receive and safely keep all moneys which shall come into his hands as treasurer, for all of which he shall give duplicate receipts, one of which shall be filed with the clerk. He shall pay out said money or warrants signed by the president and countersigned by the clerk, and not otherwise. He shall make quarterly settlements with the clerk. When no compensation has been allowed to him by the board of trus- tees, he shall be allowed one per eent on all moneys received and paid by him as such treasurer. He may credit himself with such per cent in his settlements with the clerk. Upon each quarterly settlement he shall file a statement of his ac- count with the clerk. [Amendment approved March 30, 1903. Stats. 1903, p. 336.] Assessor. Sec. 877. It shall be the duty of the assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within Act 234S. { S"8 MUNICIPAL CORPORATIONS. 908 tin- city or town. The mode of making oat of saiil list, and dings relating thereto, shall be in conformity with laws now in force regnlatiDg county assessors, exeepl as the same be otherwise provided in tins set, or by ordinance. Said ribe t h.- property I, and the value thereof, and shrill contain :ill other matters required to be stated in Hi<-ii lists \>y county ast r shall verify said list by his oath, and shall de] .me with the clerk on or before the, first Monday i tfeacfa year. Th< shall, during said tin:-', also make a list of all male persons residing within the limits of the city or town, over the age of twenty-one years, and shall verify said list by his oath, and shall, "!i or before the first Monday of August in each year, deposit t i ■ k. :-.h.i . ^d his deputy shall have power to administer all oaths and aflirmatious aec- iii the performance of his duty. Clerk. S. ,. B78. jt shall be the duty of the clerk to keep a full, tno record of all t lie proceedings of the board of t r ind of the board of equalization. Tin pro- ceedings ot' th. board of ti ept in a book, mark. .1 " liimr.ls of the IVard of Trustees." The pro- c.iiiiiiLTs ut' the board of equalisation shall be kept in a separate book, marked "Records of the Board of Equali- sation." He shall keep a book, which shall be marked "City or Town A< unts," in which shall be entered •n dit all moneys received by the city or town for licenses. the amount <>t any tax when levied, anil all other moneys received, and in which shall be entered upon the debtor side all commissions di ducted and all warrants ilrawn on the treasury. He shall also kicp a book, marked "Marshal's Account,*' in which he shall charge the marshal with all the tax lisis delivered to him, and all lit • delivered to him. He shall credit the marshal with the delinquent lists returned by him, and with his commission for collecting. He shall also keep a book, marked " Treas- unr's Account," in which he shall keep a full account D f t!,e transactions of the city or town with the treasurer. He shall also kn|> a book, mark, d " Licenses, M in which ae sli:ill enter all licenses issued by him, the date then of, i,, whom issued, for what, the time when it and the amount paid. He shall also keep a book marked • • \ unt." and shall therein chflrgi said at tunny with all delinquent tax lists delivered to him, and shall Credit hiin with money paid an.l delinquent 909 MUNICIPAL CORPORATIONS. Act 2348, § 878 lists returned. He shall keep a book, marked "Ordinances,' into which he shall copy all city or town ordinances, with his certificate annexed to said copy stating the foregoing ordinance is a true and correct copy of an ordinance of the city or town, and giving the number and title of said ordinance, and stating that the same has been publishe \ or posted according to law. Said record copy, with said certificate, shall be prima facie evidence of the contents of the ordinance and of the passage and publication of the same, and shall be admissible as such evidence in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the clerk. Nothing herein contained shall be construed to prevent the proof of the passages and publication of ordinances In the usual way. Each of the foregoing books, except the records of the board of trustees and the board of equalization, shall have a general index, sufficiently com prehensive to enable a person readily to ascertain matters contained therein. The clerk shall also keep a book, marked "Demands and Warrants," in which he shall note every demand against the city or town, and file the same. He shall state therein, under the note of the demands, the final disposition made of the same; and if the same is allowed, and a warrant drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the completion of the assessment- roll of any of the taxes of the city or town, and the levying of the tax thereon, the clerk shall apportion the taxes upon such assessment-roll, and make out and de- liver to the marshal a tax list in the usual form, taking his receipt therefor. He may appoint a deputy, for whoso acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oaths or affirmations, to take affidavits and depositions to be used in any court or proceeding in the state, and to certify the same. He and his deputy shall take all necessary affidavits to demands against the city or town, and certify the same without charge. He shall be the custodian of the seal of the city or town. He shall make a quarterly statement in writing, showing the receipts and expenditures of the city or town for the preceding quarter, and the amount remaining in the treasury. He shall at the end of every fiscal year make a full and detailed statements of the receipts and expenditures of the preceding year, and a full statement of the financial condition of the affairs of -• MINI -IPAt CORPORATIONS. 910 the city or town, which shall be published. He shall perform su<- li other service! RS this act and the ordinances at tlu' boafd of trustees shall require. Attorn 879, It shall be the duty of the attorney to advis. the city or town authorities and officers in all legal mat- pertaining to the business si laid city or town. He shall receive the delinquent list and receipt therefor; he is authorised to bring suit in the name of the city or town, in the proper court, for the collection of any tax; - ; .-ill receive for collecting taxes soch tar eent on th<* amount OOllCCted as may he provided by ordinance, which said per cent shall be collected of the d< limpient tax-payers Eovided by ordinance, In cast ■ suit shall be brought in the Buperior court upon a tax upon real estate to sell inch real estate foi th< purpoei si paying sucli tax and costs, he shall l>c allowed, in addition to the said per cent, twenty-five dollars for each suit brought, to be taxed as costs in such suit, and not to be paid to said attorney unless collected of tio defendant in such suit, baid at- torney shall receJre Bueb ether compensation as may bf allowed by the board of tru.-' Marshal. The department of police of said city or town shall be under ti,. direction and control of the marshal; and for the BappreBBion of any riot, public tumult, dis- turbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their func- tions, he shall have the powers that are uow or may here- after be conferred upon sheriffs by laws of the state, and siiall in all K entitled to the same protection; and ins lawful orders shall be promptly executed by deputies, police officers, and watchmen In said city or town, aud i\ery citizen shall also lend his aid, when required, for the arrest of offenders and maintenance of public order. He shall, and is hereby authorized to, execute and return all process issued and directed to him by any legal author- ity. It shall be his duty to prosecute before the recorder all breaches or violations of or non-compliance with any ordinance which shall CCme to his knowledge. He shall collect all ta\ taken to the BOperioZ court of the county in which such city or town may be situnb d, from all judgmi of said recorder 'fl court, in like manner and with like effect as is from juel [Amendment approved March 7, LO 1905, p. 73. In effect in Bixty days.] Powers of recor.br as judge, 883. The record) r shall be judge of the recorder's court, and shall have the powers and perform the duties of a magistrate. He may administet and certify oaths and affirmations, and take and certify ackr.owh dgSM nts. He shall be entitled to charge and nv. ive for hi< such fees as are or may be allowed by law for justices of the • pi that f< hil - in crim- inal prosecutions lor violation of ordinal; ,!] be en- title. 1 to reci board of trustees shall by ordinance prescribe; but hie r services in any inal case shall not be a charge against the county. [Amendment became a law under constitutional provision without governor's approval March 12, 1901. Stats. 1901, p. 269. In effect immediately.] rd< r disqualified as judge in certain c Sec. 834. In all cases in which the recorder is a party, or in which be is interested, or when hi is related to either party by consanguinity or affinity within the third !,., or is otherwise disqualified, or in ca inability to acl . ' r d< r may call in s ; the peaei residing in the city or town to act in bis place and 1; or if there be no justice of the peac< residing in 913 MUNICIPAL CORPORATIONS. Act 2319 the city or town, or if all those so residing are likewise disqualified, then he may call in any justice of the peace residing in the counts in which such city or town may be situated. Article VI. — Miscellaneous Provisions. Collection of moneys. Sec. 885. Every officer collecting or receiving any moneys belonging to or for the use of such city or town shall settle for the same with the clerk on the first Mon- day in each month, and immediately pay the same into the treasury, on the order of the clerk, for the benefit of the funds to which such moneys respectively belong. No officer to be interested in any public contract. Sec. 886. No officer of such city or town shall be inter- ested, directly or indirectly, in any contract with such city or town, or with any of the officers thereof in their official capacity, or in doing any work oi- furnishing any supplies for the use of such city or town, or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer is interested, shall be void, and if audited and al- lowed shall not be paid by the treasurer. Any willful vio- lation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as sueh. ACT 2349. An act to validate the organization and incorporation of municipal corporations of the sixth class. [Approved February 16, 1903. Stats. 1903, p. 29.] Tue people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All municipal corporations of the sixth class, the organization and incorporation of which have been au- thenticated by an order of a board of supervisors in this state declaring the same incorporated as municipal corpo- rations of the sixth class, and a certified copy of which order has been filed by such board of supervisors in the office of the secretary of state, showing such copy of said order to have been filed in said office, and which corpora- tions thereafter have acted in the form and manner of Gen. Laws;— 58 Act 23.V), } 1 \L CORPORATIONS. 914 municipal corporations under the provisions of "An act to provide tiori, incorporation, and govern- ment of municipal corporations," Approved March thirteenth, eight n '1 :m>l eighty-throe, and the amendments therei ! to h ■ an J to have been mu- al cOrpoi " • ■ Blase ft us I ■ - date of filing the certified laid order of the board of super- • nd all the acts of the said municipal I fore exercised according l. are herehy validated and declared as -all take effect from and after its pas- i tul approval. ACT 2350. An act enl I act to enable municipal corporations of the sixth A iccrs. " [Approved March 11. 1885. Stats. 1885, p. 136.] Petition for appoii commissioners of (lection. ■ n i. Whenever ■ corporation of the sixth (lass shall have failed, from any cause, to elect officers in ao- with its charter, and there are no officers to carry ,,,, tii.- city government, or call an election f<>r officers. in any such case citij cb corporation may present ., petition to th< r i' 1 " appointment of three ,.,,„,. - : petition shall Bet forth: 1. The name of the "• and when, anil how or- 2, When the lasl election for officers took place, and whether aoj h officers are performing their duties, and if not, how long since they ceased to perform of the chart the qualifications of voters; t. That the persons signing the e qualifications provided by the charter f 0J each of a id signers is a householder and freeholder in said corporation. The petition shall be nty-five p< rsons p all the qualil ed in th< body of the petition, '.,„, i Bbafl 1" verified by at least two of the signers, that, of tll , ir tition is true, :ind that all (lii __ I ideations set forth in the '. ,. of the p( tition to the . .,,. ma y i ■ • upon the petition or r< quire additional evidence of the matters sel forth in tin p. tition 915 MUNICIPAL, CORPORATIONS. Act 2350 §§ 2. 3 Upon beiDg satisfied of the truth of the matters set forth in the petition, the governor is authorized and empowered to appoint three persons as commissioners of election for such corporation. Such commission shall be known and styled "Board of election commissioners for" (here give name of corporation). Appointment of commissioners. Sec. 2. The governor shall cause a commission t'-i be issued to the commissioners, and the issuance of such commission shall be conclusive evidence of the regularity of all proceedings to and including the appointment of such commissioner. Within ten days after their appoint- ment, the commissioners shall take the oath of office be- fore some judge or clerk, which oath shall be indorsed upon the commission, and a copy filed in the office of the secretary of state, and shall organize by the election of a president and secretary from their own members. The board shall cause to be kept minutes of all their proceed- ings, which minutes shall be signed at the close of each meeting by the president and secretary. Powers of commissioners. Sec. 3. The board of election commissioners shall have power: First, by an order entered in their minutes, to call an election for such officers as are declared in the charter of such corporation to be elected only by the voters in said corporation. Such o ders shall specify the names of the offices to be filled, and, when any office is to be filled by an election in any ward or subdivision of said corporation, -the order shall so state, and the date fixed for the election. Previous to the election, the board shall appoint officers of election, and fix the places of holding the election, as re- quired in the charter o^ such corporation. The board shall cause notice of such election to be published in one or more newspapers published in said corporation; or if none be published therein, then by posting notices, for at least twenty days before such election. Such election shall be conducted as required by the charter of said corporation icr the election of officers, except that it shall not be neces- sary to use printed registers, but should any voter be challenged on the ground that his name does not appear on the great register of the county, it shall be sufficient for him to state, under oath, that he believes his name is upon Act C3o0. J 5 4-6 MUNICIPAL CORPORATIOMS. »W the great register, anil if do other evidence is offered, the board of election shall accept his statement as true. • ion returns. Sec. 1. The board! of election shall make return of the OX U n quired in the chart' r. i scept that the returns shall be returni bo tie board of election com- missioners, of all officers voted <<>r at such election, with- out t ■ r any of such officers were voted fur in the whole, or inly a ward or subdivision of the corpora- tion, and no offices of election shall issue a certificate of elec- tion. Canvassing returns. Within five days after the election the board of tion commissioners shall proceed to canvass said re- ti rns and declare what persons were elected. Said board shall thereupon issui certificates of election to the persons so declared to i,. elected; such certificate shad he sigiud by all the conuniG ind shall be conclusive eviilence of t rity of all the proceedings taken in said elec- tion and by "aid board, except as against any suit f supervisors, pro d for in this act, shall In- paid out of the special fund in said county treasury h re in this act provided 921 MUNICIPAL CORPORATIONS. Acts 2352-2354 for. All provisions of this act relating to the settlement of a municipal corporation after disincorporation shall be applicable to the winding up of the affairs of any disin- corporated municipality whether disincorporated before or after the passage of this act. [Amendment approved February 17, 1899. Stats. 1899, 13.] Sec. 3. This act shall take effect and be in force from and after its passage. ACT 2352. To provide for the reorganization of municipal corpora- tions and for determining the population thereof. [Stats. 1899, p. 75.] This act related to cities of the sixth class. ACT 2353. To provide for the ownership of property and the winding up of the affairs of municipal corporations disincor- porated under the provisions of an act of the legis- lature of the state of California, entitled "An act to provide for the disincorporation of municipal corpora- tions of the sixth class, ' ' approved March 26, 1895, when two-thirds or more in value of assessable prop- erty within the former limits thereof shall be included within the boundaries of any subsequently incorporated city or town. [Approved February 17, 1899. Stats. 1899, p. 17.] ACT 2354. An act concerning municipal corporations. [Approved March 9, 1885. Stats. 1885, p. 31.] Validating acts of municipal corporations. Section 1. All municipal corporations, whose incorpora- tion has been or may hereafter be authenticated by an order of any board of supervisors in this state, declaring the same incorporated as a municipal corporation, and a certified copy of which order has been or may hereafter be filed by such board of supervisors in the office of the secretary of state, and which have heretofore been or may hereafter be organized under a certificate from the secre- tary of state, showing such order to have been filed in his office, and which thereafter have acted, or hereafter may act, in the form and manner of a municipal corporation, under the provisions of an act entitled "An act to provide- Acts 2365, 235C Ml'NMPAL CORPORATIONS. 925 for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eigh- teen hundred and eighty-three, are hereby declared to !•■• and to have been municipal corporations from the date of filing the certified said order of the board of supervisors with the secretary of Bl all the acts of saiii municipal corporations heretot ised, or which may be hereafter exercised, according to the act aid, are in rei.v validated and declared to be l< 8, This act shall ; I immediately. ACT 2355. An act to validate the organization and incorporation of municipal corporations. [Approved March 17, 1897. Stats. 1897, p. 168.] The people of the state of California, represented in si nate and assembly, do enact- as follows: ■ a i. All municipal corporations, the org and incorporation of which have been authenticate,! l,y an order of a board of in d» daring the same Incorporated as muni. 'orations of thi to which such corporations may respectively belong, and a certified Copy of which order lias b. en filed by such board of supervisors in the office of the secretary i I iow- Lng such copy of sai 1 order to have he. rj 81< d in said office, and which corporation- thereafter have acted in the form and manner of municipal corporations under the pro- visions of "An act to provide for the organization, incor- poration, and government of municipal corporations," ap- proved March thirteenth, eighteen hundred and eighty- three, and the amendments thereto, are hereby declared to 1„. ; ,,i,i to have been municipal corporations from the dat • of filing the certified copy of said order of the board of supervisors with the secretary of state; and all the acte the said municipal corporations heretofore exercised ac- cording to the act aforesaid, are hereby validated and de dared as li gal. Sec. 2. This act shall take effect from and aft< r its passage and approval. ACT 2356. \u act to yalidati proc.ei ; i :- for the reo o of municipal corporal if the 923 MUNICIPAL CORPORATIONS. Acts 235T-2359 act entitled "An act to provide for the organization, incorporation, and government of municipal corpora- tions," approved March 13, 1883. [Stats. 1887, p. 150. J [Approved March 16, 1SS9. Stats. 18S9, p. 203.] Acts of municipal corporations validated. Section 1. All cities and counties, cities, or towns re- organized, or claiming to have been reorganized, since the passage of the act, thi title of which is recited in the title hereof, or which have attempted since said date to reor- ganize or incorporate under the provisions of said act, and have acted as municipal corporations since such re- organization, are hereby declared to be, and to have been from the date of such reorganization, or attempted reor- ganization, duly and legally incorporated and reorganized cities, and all proceedings for the reorganization of such municipal corporations are hereby validated and declared legal. ACT 2357. To validate proceedings for the reorganization of munici- pal corporations taken since the passage of the act entitled "An act to provide for the organization, in- corporation, and government of municipal corpora- tions," approved March 13, 1883. [Stats. 1887, p. 150.] ACT 2358. To validate proceedings for the reorganization of munici- pal corporations taken since the passage of the act entitled "An act to provide for the organization, in- corporation, and government of municipal corpora- tions," approved March 13, 1883, and also since the passage of the act entitled "An act to provide for the classification of municipal corporations," approved March 2, 1883. [Stats. 1891, p. 92.] ACT 2359. An act to enable cities incorporated and operating under a charter framed under section eight, article eleven, of the constitution, to abandon and annul such charter, and organize under general laws. [Approved March 27, 1897. Stats. 1897, p. 200.] The people of the state of California, represented in senate and assembly, do enate as follows: Section 1. The common council, or other legislative body of any city in this state, operating under a charter Acts 2360, 2361 MfNICIPAL CORPORATIONS. 424 framed under section eight, article eleven, of the consti- tution, shall have pow< r. and it shall be their duty, when- ever a petition is presented ho them, signed by one-half of the qualified electors of such city, by ordinance, to sub- mit to the qualified i receive thi vote of two-thtods of such electors, then the proposition for the abandonment of such charter and reorganization under the general laws shall not 1m- again submitted for two years. Sec. 2. All officers of .sue'h city shall continue in office, and their pow< ra und< r said charter shall n< until officers shall have 1m i ii dieted and qualified under said general laws. Sec. 3. This act shall take effect immediately. ACT 2360. To authorize municipal corporations of the first class to obtain public water-works. [Stats. 1885, p. 42.J K, pealed 1889, 399. caL Rep at. 74, va. ACT 2361. To authorize the incurring of indebtedness by municipal corporations for the construction of waterworks, sew- ers, etc. [State. 1889, p. 3«>y.J Amended 1891, 84, 94. 132; 1893. 61. Cal Rep. Clt. 104. 519; 104. 521; 107, 465; 107. 469; 107. 473; 119. 626; 121, 103; 122. 7^ . 138, 243; 142. $99; 142. IS 701; 144, 393. •This latt.-r amendment atti m, ted to !>• •:. Mi chap. 97. but such repeal declared unconstitutional in «'ity of l>)» Angeles v. Hance, 122 Gal. 78. "—Code Commissioners' 925 MUNICIPAL CORPORATIONS. Act 2362, §§ l-i ACT 2362. An act to authorize cities to acquire and operate a joint system or systems of water supply. [Approved March 24, 1903. Stats. 1903, p. 405.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any two or more cities incorporated under the constitution and laws of this state are hereby em- powered to jointly acquire and develop a source or sources of water supply for municipal and domestic purposes, and to construct the works necessary for their joint and sev- eral purposes and needs. Sec. 2. Whenever the legislative body of a city deems it advisable to investigate the desirability of joint action with any other city, or cities, for acquiring and main- taining a water supply, such legislative body shall pass a resolution to that effect, and thereupon the mayor of said city shall, with the consent and advice of said legislative body, appoint three commissioners to confer with like commissioners from any other city. Said commissioners from the respective cities shall meet and consider the question of the desirability of their respective cities taking joint action to acquire and develop water supply for their respective cities, and the plans, terms and conditions they deem feasible, just and equitable, and if they agree upon such plans, terms and conditions they shall report the same to the legislative bodies of their respective cities. Sec. 3. If the legislative bodies of two or more cities approve the plans, terms and conditions of the joint action reported by the commissioners they shall, by resolution, declare such approval, and shall submit the same to the qualified voters of their respective cities for their approval or rejection at the next city election, or at a special elec- tion called for that purpose. If the terms, conditions and plans are approved by a majority of the voters voting thereon at such election the said cities may enter upon the work of developing or acquiring water supply for the said cities in accordance with such plans, terms and con- ditions. And any city may, in the manner required by law, issue bonds for the purpose of prosecuting and completing the work of acquiring a water supply jointly with other cities. All proceedings relating to the issue of such bonds MUNICIPAL CORPORATIONS. 926 bIkiII bo taken as now required by law for the issue of bonds to acquire a wat< r supply. Sec. 1. Joint ownership and costs shall be restricted to those port ions of tin- sources and works which shall be common to all the municipalities served, and each mu- shall exclusively own, construct and operate nil works which are for its inclusive use. S.v. ">. The apportionment of all costs of acquisition, nietion, operation :inil maintenance of the joint prop ertiea shall ' upon the basis of the amount of water proposed to be apportioned to the several munici- palities, unless ;i different apportionment of costs shall be agr< i <\ upon. Tin total costs of works which shall exclusively serve any municipality shall be borne by such municipality ■ 'y- Sec. 7. The plans, terms, conditions, or other agroe- rn< nt for acquiring h:i i <1 water supply, may be modified from time to time by agreement between the respective citiis, which agreement shall be declared by the action of tlnir respective legislative bodies. Sec. 8. The term "city" and the term "municipality," as used in this act shall include a consolidated city and ty, and the same rights and privileges by this act •l to an inc.- : city shall pertain to a consoli- date! city and county. Sec. 9. Before any resolution or ordinance relating to the joint acquisition of a water supply becomes binding upon any city or municipality it shall lie approved by the mayor of such city, or passed over his veto, in the manner provided by law or the charter of such city for the pas- "f ordina Sec. 10. This act shall be in force from and after its pa-sage. ACT 2363. A a act io provide for the sale of an excess of water when owned by a municipality. [Approved March 27, L897. stats. is'.>7, p. 182.] The pi ople of the state of California, re] in senate and asst mbly. il" Section 1. Whenever the water supply owned by any city, incorporated town, county, or city ami county, is in iZl MUNICIPAL, CORPORATIONS. Act 2364, § 1 excess of the amount required to supply the water re- quired by the inhabitants thereof, it may be declared by ordinance that such excess exists, and such excess of water may be sold outside of the limits of the corporation; but in no case shall a contract be made for a supply of any excess of water sold by a city, incorporated town, county, or city and county, outside the corporate limits for a period longer than one year; and in no case shall such a contract be made, unless the legislative authority of a city, incorporated town, county, or city and county, declare by ordinance that there exists an excess of water not required to supply the inhabitants of the city, incorporated town, county, or city and county, within the terms of the contract, but water not required to supply the inhabitant? of a city, incorporated town, county, or city and county, may be sold by the authorities thereof outside the cor- porate limits from month to month during the existence of such excess, and shall be sold only at the rates fixed for consumers inside the corporative limits. Sec. 2. This act shall take effect immediately. ACT 2364. An act conferring power upon the common council, board of supervisors, or other governing body of cities, or cities and counties, of over one hundred thousand in- habitants, to acquire or condemn land for a suitable site, and erect thereon a suitable building or buildings for municipal purposes. [Approved March 27, 1895. Stats. 1895, p. 242. Amended 1897, p. 50.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Power and authority is hereby conferred upon the common council, board of supervisors, or other governing body of every city, or city and county, in this state having a population of over one hundred thousand inhabitants, to provide for the erection and construction in such city, or city and county, and at the expense of the same, such additional or other municipal building or build- ings as the common council, board of supervisors, or other governing body of such city, or city and county, may de- termine upon for the accommodation of the criminal de- partment of the" superior court, police courts, police Act 2364. §§ 2-4 Ml NI'ITAL CORPORATIONS. 93 stations, prisons, morgues, or coroner's offices of such city, or city and county, anf which power is conferred Upon them by Section one of this act, in the manner and mode prescribed by this act, they are hereby authorised ami empowered to express such judgment by reso- lution or or«ler. in such manner as they may deem proper. And for the purpose of raising the money necessarv to com- plete saiil building or buildings, the said common council, board of supervisors, or other governing body of such city, or city and county, i* hereby authorised ami empowered to levy and collect, in the same manner ami at the samp time as other taxes ari levied anil collected in such city, or city and county, for municipal purposes, an ad valor m property tax on real and personal property, which shall not in the aggregate ei I the sum of three hundred thousand dollars, which sum shall cover all the expense of the said building or buildings. As a site for the erection and construction of said building or buildings, power is hereby conferred upon the common council, board of supervisors, or other gov- erning body of such city, or city and county, to acquire by purchase, or to condemn and acquire under the laws of eminent domain, such land as may be necessary therefor. 4. The money arising from the tax hereby author- ised to be levied and collected shall be kepi by the city, city and county treasury of such city, or city and COU in a fund to be known as the "Public Building Fund," and out of which said fund all claims for work, labor, and ma- terials us. d in the construction of said building, and all other expenses authorized to be incurred umhr the pro- visions of this act, shall be paid, All claims ag&lnsi the said fund shall be allowed by the common council, board of supervisors, or other governing body of such city, or city ami county, by resolution entered upon the minutes in the same manner and form as other expenditures are author before the auditor shall be authorized to audit the same; 929 MUNICIPAL CORPORATIONS. Act 2384, 5 5 and in no case shall any portion of said fund be used or expended for any other purpose than those herein in- dicated, nor shall any part of the cost of the construction of said building be paid out of any other or different fund; nor shall any lien for work, labor, or material at any time attach to the said building or buildings, nor the land upon which the same is located in any manner whatever. Sec. 5. "When work is to be done upon said building or buildings, or materials to be furnished, it shall be the duty of the common council, board of supervisors, or other governing body of such city, or city and county, to ad- vertise for at least ten days in a daily newspaper pub- lished and circulated in such city, or city and county, for sealed proposals for doing both said work and furnishing said material. The said work and material shall be of the best quality. The advertisement shall contain a general description of the work to be done and the materials to be furnished, the time within which the same is to be done or furnished, and may refer to plans and specifications for such other details as may be necessary to give a correct understanding regarding the work or materials. The ad- vertisement shall also state the day and an hour of said day within which bids will be received. At the hour and day stated in the advertisement, the said board or body shall proceed to open the bids in the presence of the bid- ders, and an abstract of each shall be recorded in the minutes by the clerk. A day and hour shall then be fixed for considering the bids and awarding the contract. An abstract of said bids, showing the name of each bidder, the price at which work, labor, and materials are offered to be done or furnished by each, and such other things as may be necessary to show or explain the offer, shall be made by the clerk and published for five days in a daily newspaper of general circulation published in such city, or city and county. At the expiration of five days after the first publication of the abstract, on the day and at the hour fixed by said board or body, said board or body shall proceed to consider the several bids and award the con- tract for doing the work and supplying the material for which proposals are invited, and for none other, to the lowest bidder who shall furnish sufficient sureties to guarantee the performance of the contract; provided, the advertisement hereinbefore provided for, shall invite pro- Gen. Law*— 59 Act 2364, ] 6 VTNK-IPVL CORPORATIONS. 83" posals and bids, in one total sum or amount, for the per- formance of all the wori ana 1 the furnishing of all the materials called foi in the said advertisement for the :ion of the entiri building or buildings. Said board or body shall have the right to reject any or all bids, when in their judgment the public interests may be thereby pro- moted. Such Contract shall be < xi euted on behalf of such city, or city and county, by the mayor, or president of the common council, board of supervisors, or other govern- ing body of such city, or city and county. No change in the plans or specifications shall be made after proposals for doing work and furnishing materials have been called for, nor shall any contractor be allbwi d a claim for work done or materials furnished of his contract, except on the approval of said common council, board of supervisors, or other gOVl ruing body of Cities, or cities and counties; provided, that the aggregate cost of any change, or ■ shall not exceed the sum of three thousand dollars. All i -hall be in writing, and shall be carefully drawn by the city attorney, city and county attorney, or other law officer of SUCb city, or city and county, and shall contain detailed Bpi Qfi of the work to be done, the manner in which the same shall be executed, the quality of the material, and the time within which the same shall be completed; and such penalty t'oi the nonper- formance of such contn I board or body may deem just and reasonable. All contracts shall be signed in triplicate — one copy of which, with the plans and specifica- tions of the work to be done, BhaU be filed with the clerk or secretary of said board or body, and shall at all times, in office hours, be open to the inspection of the public; one, with the plans and specifications, shall be k.pt in the office of said board or body, and the other copy, with plana and specifications, BhaU be delivered to the contractor. (Amend- ment approved March 2, 1897. StatB. 1897, p. 50. In effect immediately.] Bee. 6. The common council, board of supervisors, or other governing body of BUCb city, or city and county, may make payments on Buch contract from time to tino work pTO I wished; but until the contra.) is completed, at no time shall the payments ceed seventy-five per centum of the value of the labor or materials furnished. Nil MUNICIPAL CORPORATIONS. Act 2365 Sec. 7. The plans and specifications herein referred to snail be secured by said board or body after the publica- tion for ten days in a daily newspaper of general circula- tion in such city, or city and county, of a resolution invit- ing the submission of competitive plans and specifications for said building or buildings. Said resolution shall con- tain a general statement of the purposes for which said building or buildings are to be used, the cost thereof, and the character of the design required. Said plans and specifi- cations may be submitted to such board or body under such requirements and conditions, and at such time as said board or body may prescribe. Sec. 8. This act shall take effect and be in force from and after its passage. ACT 2365. An act authorizing municipal corporations to lease, pur- chase, own, and operate gravel-beds and quarries, and to transport gravel and rock thereirom to such munici- pal corporations, for the purpose of making, improving, and repairing roads. [Approved March 27, 1897. Stats. 1897, p. 217.] Municipal corporations may acquire gravel beds and quarries. Section 1. Any incorporated city or town in this state may acquire, lease, purchase, and operate any gravel-bed or quarry within the county where such city or town is situated, anrl may equip and operate a plant at such gravel- bed or quarry, or within such town or city, for the purpose of breaking, crushing, or otherwise preparing gravel or rock to be used in making, paving, improving, or repairing its streets. Any such city or town may acquire, lease, or pur- chase and maintain all necessary roads, rights of way, and tramways over which to transport gravel or rock from such gravel-bed or quarry to such city or town, and all necessary appliances for that purpose. Two-thirds vote necessary. Sec. 2. No money shall be expended or expenses in- curred for any of the purposes set forth in section one, unless the same is authorized at a regular meeting of the Art 536fi. J§ 1. 2 VrNMTM rr.Rpon.\Ti 93 i legisl ly of such city or town, and by :i vote of two t Birds of ' Be mi. nil ■• r Sec. 3. Tliis Bet shall not extend or enlarge any limi- tation upon municipal taxation or th< expenditure of mu- nicipal funds, dow existing by r laws or city charters in any of the cities or towns of this state. ACT 2366. An act to promote the protection of ran, ami mu- nicipal corporations from overflow by water and the drainage of • and for tueb purposes auti the incurring ( ,f Indebtedness and the iasdani r by the same, and providing for tbe disposition of the pro Is of Bach bends, and for the supervision of the protective and other works. L-M" proved March 26, 1898. Btats. 1895, i>. 95.] Tin- people of the state of California, represented in sen and assembly, do enact as foil.. iion 1. Any sity, town, or municipal corporation in- corporated under the Is oay, by procedure hereinafter prescribed, incur indebtedness and liability, al- though i: v it provided for the current fiscal ■ s,, thai the b Funded indebtedness thereof shall . ' r of the value of all the r. al and personal prop ru- in the municipality, for the purpose of pi town, or municipal corporation from overflow by water, and for the purpose of draining such city, town, or munici- pal corporation, and for the purpose of Becuring an outlet for Such overflow watl r and drainage, or for any part of said purposes, whether by meai lis, ditches, ll dikes, embankments, dams, and machinery and other like appropriate or ancillary means or works, or BOS] Same, whether situated within or without the territorial limits of such city, town, or municipal corporation. lI. The procedure mentioned in section one aJ said shall »>e as follows, to "it: Th< lative body of such city, town, or municipal corpor shall, first, have made |.\ upet.nt ; ;• ral plans and estimates of the <■■ ch canals, dil fi vers, dikes, embankments, .lams, machinery, *nd means or works as may kemplated, winch general a, b. lied in the 933 MUNICIPAL CORPORATIONS. Act 2366, § 3 office of the clerk of such municipalty, and which general plans shall be substantially adhered to thereafter in pro- ceedings under this act. Said city council or legislative body shall, secondly, after the filing of such general plans and estimates, and by resolution or ordinance passed at a regular meeting by a vote of two thirds of all its members and approved by the executive ol the munici- pality, determine, if so advised, that the public good de- mands the construction, acquisition, and completion, or either, of canals, ditches, levees, dikes, embankments, dams, machinery, and other like appropriate or ancillary means, or works, or any of the same, for any or all of the pur- poses mentioned in section one aforesaid; and shall further, by the same resolution or ordinance, determine, if so ad- vised, that the cost of the same will be too great to be paid out of the ordinary income or revenue of the mu- nicipality; and such resolution or ordinance, shall, after its passage and approval, be published as hereinafter pre- scribed. Said city council or legislative body shall, within one month after the publication aforesaid, and by reso- lution or ordinance passed at a regular meeting by a vote of two thirds of all its members, and approved by the executive of the municipality, call a special election, and ■submit to the qualified voters of such city, town, or mu- nicipal corporation the proposition to incur a debt for any or all of the purposes mentioned in section one aforesaid, and which have been as aforesaid determined to be de- manded for the public good. The resolution or ordinance calling such special election shall specify the purpose for which the indebtedness is proposed to be incurred, the esti- mated cost of the things proposed, that bonds of the mu- nicipality will issue in the amount of such estimated cost, the number and character of such bonds, the rate of inter- est to be paid, and the amount of the tax levy for each year during the outstanding of such bonds to be made for their payment. Such last-named resolution or ordinance shall be published as hereinafter prescribed. Such city council or legislative body shall cause to be published, after the publication last named and prior to the day of holding such special election, a notice of the same, which notice shall set forth substantially all the matters contained in the aforesaid resolution or ordinance calling such special elec- tion. Sec. 3. Every publication hereinbefore mentioned or re- quired shall be in some newspaper published in such city, town, or municipal corporation; if in a daily paper in at N 55 IT Mrsi^ir (RATtONB. 93» Ieasl \ and if in n weekly paper at least two issues thereof; and no publication shall be deemed to have i" L'^in until any one ri quired preceding the same shall ha\. mpleted. i s; ■• .ial election shall be held in the man- tut provide. 1 by law for holding elections in such city, ta <>r municipal eorpoi It shall require the votes of two thirds of all the voters TOting ar such special election to authorize the incurring of any indebtedness or the issuance of any bonds I act. [f two tbirdfl of all the votes cast at such on be in favor of the proposition submitted, the city council oi ve body oiay, by ordinance re- citing the result of said election, provide for the issuance ni tui proposed bunds and any matter incidental thereto. . 8. All municipal bond- issued under this act shall bi of the kind known as serials, and of such drnomii: U or legislative body may determine; pro- vided, that no bond shall b< for less than one hundred dollars nor for more than one thousand dollars, and that than one-fortieth part of the wh.de Lnd< evidenced by the wh.de of the issue of such bonds shall such bonds, made payable, each and , v. rv" year. Bach bond -shall be made payable either in gold coin or other lawful money of the United States as may be L in such bond, on a day and at a place rnated therein, with interest at the rate Bpecifled th« rein. which rate shall I - .-n per ctnt per annum, be fixed by such city council or legislative body. Said place of payment shall bo either at the oiiiee of the treasurer of the municipality! or at Borne d< Bignated bank in San Fran Said bonds shall be executed ,, n the par' "i' BUCh .municipality by the mayor or • ■.,,f, and by the treasurer thereof, and counter- rk of the municipality. The inti il be numb, red consecutively and signed by tin treasurer. ■ .-. 7. Any of such bond* may be issued by the city • ,-il or legislative body of such city, town, or muni Corporation, and by the same Bold, at not less than their value; and th< proceeds ol such sal.- shall b. ited in the municipal treasury to the credit of a • .1 fund and be applied exclusively to the pur; 935 MUNICIPAL CORPORATIONS. Act 2366, §§ 8-11 objects for which, as aforesaid, the electors have voted to incur indebtedness or liability, until such purposes and ob- jects shall have been accomplished, after which, the sur- plus, if any, may be transferred to the general fund of the municipality. Sec. 8. Such city council or legislative body shall, at the time of fixing the general tax levy, and in the man- ner for such general tax levy provided, levy and collect annually, each year, for the term of forty years, a tax sufficient to pay the annual interest on such bonds and also one-fortieth part of the aggregate amount of such indebt- edness so incurred. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. Sec. 9. The city council or legislative body of every city, town, or municipal corporation wherein or for which any public works or improvements are being had or constructed for the purposes hereinbefore specified, and for which in- debtedness has been incurred under the provisions of this act, shall have power to make all needful rules and regu- lations foj acquisition, construction, and completion of such works and improvements; to appoint all needful agents, su- perintendents, and engineers to supervise and construct the same, and shall have power in all lawful ways to protect and preserve the rights and interests of the municipality in respect thereof. Sec. 10. All contracts as to said works and improve- ments shall be let, in such parcels as the city council or legislative body may determine, to the lowest responsi- ble bidder, after notice given for at least ten days by pub- lication in one or more newspapers published in the munici- pality, inviting sealed proposals. Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or either, in such amount as such council or legislative body may determine, and such council or legislative body may reject any or all bids. Sec. 11. The city council or legislative body of the munici- pality may, by resolution, if it deem the same necessary, require the treasurer of the municipality to give additional Acts 2367 -2370 Ml'NI^IPAL CORPORAT1 >* bonds for the safe custody and care of public funds derived trader this act. Bee. 1-. The provisions of this act are intended to be par- amount ind controlling as to all mitten provided for therein and M to all questions arising in or out of procedure there- under. •. 13. This act shall take effect from and after the time of its passage. ACT 2367. To authorize the governing todies of cities and towns other than cities of th<- lirst class, to refund indebtedness. [Stats. 1883, p. 370. J An.. 196, 203 Rrpoaled 1857. 75. Cat. Rap. CM 1' 4. Mi IN, 69C: 109. 379; 109. 380; 112. 328; 11». .. IH, 111; 1^3. 319; 138. 38i; 138. 3S6. Unconstltntlonal In part- :i I ' .'!. Bach ordinance shall be published once a day for :it least w v. n days in some u< wspaper pnbllahed at least six dayi a week in such municipality, or once a week for two treeks in some newspaper published less than six days a week in such municipality, and one insertion each week for two eeding weeks shall be a sufficient publication in such paper published leas than six days per week. In munei* palit no such newspaper is published, sucb ordinance shall be posted in three public places therein for two sue.. peeks No other notice of such election Deed be given. It shall require as of two thirds of all th. iting at such apt dial el. Ction to authorize the issuance of the bonds ii provided; provided, however, should the propositus Bubmitted at such election fail to receive the requisite number of votes of the qualihV ion to in- cur the indebl t the pur] tried, the legislative hrai b municipality shall have no power or authority within one year after such election to call or order another election for incurring any indebtedness for improves • Substantially I »ted upon at such j.rior election, unless a petit 1 by a majority of the taxpayers on the lit roll of such municipality, be filed with requesting that such proposition or a prop i nallv the same be submit led at an election to ailed for the submission of such proposition and to be held in accordance with the provisions of this act. ;. No city, town or municipal corporation shall incur au indebl »r public improvements which shall in the eed fifteen per cent of tl .1 value of all tin real and personal property of such city, town or municipal corporation. Bee. 5. All municipal bonds issued under the pro .it' this act shall be payable substantially in the' manner fol lowing: A pan to be determined by the legislative body of the municipality, which shall be not less than one fortieth part of the whole amon b indebtedness, shall be paid each ami every year on a day and data, at the city treasury, ,■ Bzed by the legislative branch of the municipality suing the bonds, together with the interest on all sums uu- 033 MUNICIPAL CORPORATIONS. Act 2371, §§ 6-8 paid at such date. The bonds shall be issued in such denom- inations as the legislative branch of the municipality may de- termine, except that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomination than one thousand dollars, and shall be payable on the day and at the place fixed in such bond, and with interest at the rate specified in the bond, which rate shall not be in excess of six per cent per annum and shall be payable semi-annually, and said bonds shall be signed by the executive of the munici- pality, and also by the treasurer thereof, and shall be counter- signed by the clerk. The coupons of said bonds shall be num- bered consecutively and signed by the treasurer. Sec. 6. Such bonds may be issued and sold by the legisla- tive branch of the city, town or municipal corporation as they may determine, but for not less than their par value, and the proceeds of such bonds shall be placed in the municipal treas- ury *to the credit of the proper improvement fund, and shall be applied exclusively to the purposes and objects mentioned in the ordinance. Sec. 7. The legislative branch of said city, town or munic- ipality shall at the time of fixing the general tax levy, and in the manner for such general tax levy provided, levy and collect annually each year until said bonds are paid, or until there shall be a sum in the treasury of said city, town or municipality set apart for that purpose to meet all sums com- ing due for principal and interest on such bon^s, a tax suffi- cient to pay the annual interest on such bonds, and also such part of the principal thereof as shall become due before the time for fixing the next general tax levy. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be col- lected at the same time and in the same manner as other municipal taxes are collected, and be used for no otner pur- pose than the payment of said bonds and accruing interest. Sec. 8. It shall be the duty of the legislative branch of every city, town or municipal corporation, wherein pub- lic improvements are being made under the provisions of this act, to make all needful rules and regulations for car- rying out and maintaining such improvements, to appoint all needful agents, superintendents and engineers to prop- erly look after the construction and operation of such public works, and in all lawful ways to protect and pre- serve the rights and interests of the municipality; pro- ;i. S§ 0-J.3 Ml - NI''ir.\L CORPORATIONS. MO vicii .I, however, that in cities, towns, or municipalities iting ondei a charter ■ or hereafter framed umli r section eight of article eleven of the constitution, and having a board of (uldic works, all the matters and things r> rjuin ii in this section to K< done nnd performed by the legislative branch of the municipality shall be done an d . by the tw art of public works of such city, town or municipality. Sec. 9. All contracts for the construction or comple tion of any public works or imp) or for fur- nishing labor or materials therefor, at lor. in provided, ■hall be let to the \- ble bidder. The legis- lative branch of the municipality shall advertise, for a+ t. D days, in one or more DCWSpSvpt rs publish, d in the municipality, inviting sealed proposal! for famishing the labex and mat. rials for the proposed improvcmi N anv contra.-t shall be made therefor. The said dative branch shall have the right to reyirs such - they may deem best from the successful bidder, the faithful performance of tin attract work. v shall aiSO have the right to h and all bids; rided, however, that in cities, towns or maniciparitie* operating under a charter heretofore <>r hereafter frame 1 under section eight of article eleven of the constitution. and serving ■ board of public works, all th< and things required in 'his section to be done and performed by lhl . ' , i, ranch of the municipality shall be done and performed by the beard of public works of such city, town or municipality. 10. Whenever the legislative branch of any munici- pality shall by resolution deem it ■ 'hey amy re quire t ne treasurer of Buch municipality to give additional bonds for thi stody and care of the public funds. Sec. 11. All a«tB and parts of acta in conflict with this act are hi reby repealed. 12. This act shall not be deemed to repeal, con- llict with or modify any provision of any statute of this v . t . i , 1 , ring the levy of special specific public improvements when bond issues are not coi plated Sec. 13. This act shall take effect immediately. 941 MUNICIPAL CORPORATIONS. Act 2372, § 5 1-2 ACT 2372. An aet authorizing cities, towns, and municipal corpora- tions to establish and maintain public assembly or con- vention halls, and to incur indebtedness for such improvements. [Approved March 25, 1903. Stats. 1903, p. 412.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any city, town, or municipal corporation in this state may acquire, by purchase, condemnation, or otherwise, all necessary land whereon to construct, and may construct and maintain thereon, a public assembly or convention hall, and may incur indebtedness, as here- inafter provided, to pay the cost of such improvement. Sec. 2. Whenever the legislative body of any city, town, or municipal corporation, shall, by resolution passed by a vote of a majority of its members, determine that the pub- lie interest or necessity demands the acquisition of the necessary land whereon to construct, and the construction or completion thereon, of a public assembly or convention hall, the cost of which will be too great to be paid out of the ordinary annual income and revenues of the munici- pality, it may, at any subsequent meeting of _ such body, by an ordinance, passed by a vote of two thirds of all its members, call a special election, and submit to the quali- fied voters of said municipality, the proposition of incur- ring a debt for the purpose set forth in said resolution. The ordinance calling such special election shall recite the object and purpose for which the indebtedness is pro- posed to be incurred, the estimated cost of the proposed improvement, the amount of the principal of the indebted- ness to be incurred therefor, and the rate of interest to be paid on said indebtedness; and shall fix the date on which such special election will be held, the manner of holding such election, and of voting for or against such proposition; and in all other particulars not recited in said ordinance, sueh election shall be held as provided by law for holding municipal elections in such municipality. Such ordinance shall be published once a day for a period of five days in a dailv newspaper published in said municipal- ity or once a week for three successive weeks in a weekly newspaper published in said municipality. -No other no- tice of such election need be given. MT'Xicir.\T. ronrnnvTios's. ■ '■. Tt shall requin the votes of two-thirds of all the voters voting nt Buch special election to authorise the issuai bonds hciein provided for. Ity, town, or municipal corporation shall incur nn indebtedi r th< provisions of this act, which together with all other indebtedness of said city, town. <>r municipal corporation, shall, in th< aggregate, ■• 'I fifteen p< r cenl of value of all the real and personal In said city, town or municipal corporation. issui (l under the provisions of this net shall be issued, sold, and made payable, in the man m. I form prescribed for to and payment of municipal I entitled, "An act authoriz- the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, ami icquisition, construction, or completion thereof," which became a law, under the provisions of the constitution, without the governor's approval, February 25, IS 8. The j r I under the • i.ill be placed i" the municipal treasury to < ; of a fund to be known as the pub- lic hall fund, and slial! be applied, exclusively, to the pur- >n< d in the ordinal Sec. 7. The ' i municipality shall, at the time of fixing the general tax levy, and in the man ner for such general tax levy provided, levy and collect, annually, i ich year until Bald bonds are paid, a tax suffi- cient to pay the annual inter, st and the pari of the prin- cipal of Buch bonds, that shall become due DM fore the time for fixing the nexl general tax levy, and is not at the time of fixing such annual tax levy, otherwise provided for by funds then in the treasury -Tt f..;- that pur- The taxes In rein required to be l'vir hire of such embly <>r convention ball shall bi deposited in the treasury of the municipality to the credit of said public 94$ MUNICIPAL CORPORATIONS. Act 2372, § ? hall fund, and shall be applied, exclusively, to the following purposes, to wit: First — For the necessary expenses of conducting, main- taining, and insuring such hall, and of making all improve- ments and repairs thereof. Second — For the payment of installments of interest or principal becoming due on said bonds until the whole of said bonded indebtedness shall have been paid. Third — Any' surplus . < maining after providing for the purposes, first and second above specified, may be appro- priated and used for general municipal purposes. Sec. 9. The legislative body of any city, town, or municipal corporation wherein bonds have been issued for the construction or completion of a public assembly or convention hall, under the provisions of this act, shall have the power to appoint and employ all needful architects, en- gineers, superintendents, and agents, to prepare plans for the construction or completion of such public assembly or convention hall, and to superintend such work. All con- tracts for the construction or completion of such public, assembly or convention hall, or for the furnishing of labor or materials therefor, shall be let to the lowest responsible bidder. The legislative body of the municipality shall advertise for at least ten days in one or more newspapers published in such municipality, inviting sealed proposals for the construction or completion of said improvement, or for the furnishing of labor and materials therefor before any contracts shall be made. The said legislative body shall have the right to require from the successful bidder, such bonds as they may deem best to insure the faith- ful performance of his contract. They shall also have the right to reject any and all bids. Said legislative body shall have power to appoint such officers, or agents, and to make and enforce such rules and regulations as may be necessary for the management, control, letting, and use of such public assembly or convention hall; provided. however, that in cities, towns, or municipal corporations, operating under a charter, heretofore or hereafter framed under section eight or article eleven of the constitution, and providing for a board of public works, all matters and things required in this section to be done and performed by the legislative boely of the municipality, shall be done and per- formed by said board of public works; provided, further, that in cities, towns, or municipal corporations not having Acta 2373, 237*, 5 1 MUNICIPAL CORPORATIONS. 944 such board of public works, the legislative body may, by ordinance, appoint a commission to select the site for said hall, tn li.ivi charge and supervision of its construction, and to manage and control the letting and use thereof, and may, by ordinance, prescribe and regulate the powers and duties of said commission. Sec. 10. This act shall take effect immediately. ACT 2373. To providi for changing the boundaries of municipal cor- porations, and to exclude territory therefrom. [Stats. . p. 356.] Cal. Rap. i 'It. U, 37 MS, 471: 109. 473; 123, W5. Superseded In part, at least, by 1889. 453, chap. CCL.XXX. Sea next act. ACT 2374. An act to provide for the alteration of the boundaries of and for the annexation of territory bo incorporated towns and i for the incorporation pf such annexed territory in and M B part of such munici- pality <. and for the d .,'"vernment, and munici- pa] control of annexed I [Approved March 19, I8W. Stats. 1889, p. 358.] Rap Ctt. US, COO; 123. 606; 183, 340. Am'ii.lf] 1906. 661. Alteration of boundaries of Incorporated towns or cities. in l. The boundarias of any incorporated town or city, whether heretofore or hereafter formed, incorporated, reincorporated, organized, or reorganized] way be altered, and aew territory annexed thereto, Incorporated and in- cluded therein, and mad.' s part thereof, upon proceedings being bad and takes as in this eel provided. Ths eeaaoil, ,.r other legislative body el any eueb municipal corporation, Dp ag a written petition therefor containing ■ description <>f the new territory asked to be annexed to such corporation, and Btgaed by net than one-fifth in number of the qualified electors of municipal corporation, computed upon the number "f ,t the l;> ral municipal sit ction h the electors of such municipal corporation, and to I rs residinf 94o MUNICIPAL CORPORATIONS. Act 2274, § I the territory proposed by such petition to be annexed to such corporation, the question whether such new territory shall be annexed to, incorporated in, and made a part of said municipal corporation. Such question shall be sub- mitted at a special election to be held for that purpose, and no other; and such legislative body is hereby empowered to, and it shall be its duty to, cause notice to be given of such election by the publication of a notice thereof in a newspaper printed and published in such municipal corporation, and also in a newspaper, if any such there be, printed and published outside of such corporation, but in the county in which the territory so proposed to be an- nexed is situated, in each case at least once a week for a period of four successive weeks next preceding the date of such election. Such notice shall distinctly state the proposition to be Submitted, i. e., that it is proposed to annex to, incorporate in, and make a part of such munici- pal corporation the territory sought to be annexed, specifi- cally describing the boundaries thereof; and in said notice the qualified electors of said municipal corporation, and the qualified electors residing in said territory so proposed to be annexed, shall .be invited to vote upon such proposition by placing upon their ballots the words "For annexation" or "Against annexation," or words equivalent thereto. Such legislative bo ly is hereby empowered, and it shall be its duty, to establish, and in such notice of election desig- nate the voting precinct or precincts, and the place or places at which the polls will be opened in such territory Bt proposed to be annexed, and also in such municipal cor- poration. And such place or places shall be that or those commonly used as voting-places within such munici- pal corporation, and also that or those commonly used within such new territory, if any such there be. Such legis- lative body is empowered to, and it shall, appoint the offi- cers of such election, who shall be, for each voting-place in such municipal corporation, and for such voting-place in said new territory, two judges and one inspector, each of whom shall be a qualified elector of the voting precinct in which he is appointed to act as an officer of such election. The ballots used at such election, the opening and closing of the polls, and the holding and conducting of such election, shall be in conformity, as far as may be, with the general laws of this state concerning elections; and the judges and inspectors of such election shall im- mediately' on the closing of the polls, count the ballots, Gen. Laws— 60 ActJ374.ll MUM ll'Al. CORPORATIi Hi make up and certify the tally the ballots cast at tin ir polling-places, seal, Mid then imraedi- ately Mnrn tin s provided, doing so, as nearly as practicable, in the manner provided in the elec- tion lawf of this t the ballots, tally sheets, and returns shall retni to an.l deposited with the idrrk of such legislative body. Bueh legislative body shall, at the time provid I ag next after the from .- 1 1 1 < 1 late of ^M election, sed to open and canvass said ballots, tallj i I retnrna; and snch eanvaas shall be i »mpleted at snch meeting, if practicable, and in any d as practicable, avoiding adjournment or ad journmcnts, if possible, until said ; s eompll Bneh eanvaas by such l< lt -hall be i and completed as The ballol such outside territory so propo ed to 1" annexed, together with the t ;i ih ad returns belonging therewith, shall bo can- and the ballots fast Inside of said municipal corporation, with their tally-sheets and returns, shall be irately, [naaediately upon the completion of sueh eanvi « said legislative body shall rd thereof to be made and entered upon its mi' ■ irhole number of ballots cast in such outside territory, the whole number of ballots cast in such municipal corporation, the number ti -? in r of annexation, and the number thereof j n eacn ration; and if it shall appear from sueh canvass that majority of all the ballots cast in sueh outside territory, and a majority of all the ballots inside of sai.l municipal corporation, are in favor of annexa- tion, the cl.rk, or other officer performing the duties of clerk, of such leg body, shall promptly make and tify, under the seal of sai.l municipal corporation, -init to the B< ■ COpy of said n 8 o entered upon said mil ther with a state m- nt 947 MUNICIPAL CORPORATIONS. Act 2374, §§ 2, :i showing the date of said election and the time and result of said canvass, which document shall be filed by the sec- retary of state immediately upon the receipt thereof. Prom and after the date of the filing of said document in the office of the secretary of state, the annexation of such territory so proposed to be annexed shall be deemed and shall be complete, and thenceforth such annexed territory shall be, to all intents and purposes, a part of such munici- pal corporation, except only that no property within such annexed territory shall ever be taxed to pay any portion of any indebtedness or liability of such municipal corpora- tion contracted prior to or existing at the time of such annexation. No territory which, at the time such petition for such proposed annexation is presented to such legisla- tive body, forms any part of any incorporated town or city, shall be annexed under the provisions of this act. Altering boundaries of wards. Sec. 2. The legislative body of any incorporated town or city which is or shall be divided into wards, and to which territory has been heretofore or shall be hereafter annexed, must by ordinance either so t.lter the boundaries of the wards of such municipal corporation as to include such annexed territory in one or more wards adjoining such annexed territory, or make of such annexed terri- tory one or more additional wards; provided, that the num- ber of wards shall not be so increased as to exceed the num- ber which such municipal corporation may according to law have. In altering the boundaries of wards, or creating new wards, regard must be had to the number of inhabitants, so that each ward shall contain, as near as may be, an equal number of inhabitants, exclusive of persons incapable of citizenship in this state. Sec. 3. Nothing in this act provided for shall alter or affect the boundaries of any senatorial or assembly district. Art 'JT74. ?! >*8 Kx]« i ■■■■■ paid All proper expenses of pn.e e ( dinars for an- nexation at nder this act. whether such nn •i,>n thai] and eon - not, shall he paid by the municipal uiexing or attempting -nidi territory. Tn the eveart thai ■ tax for road pnrp led by tbe >>• '-*i r«l of super. any aittiate in territory which. : by any town which. jn>l«r tl 'it which, at the tim»> of such ' ■ c.ill. ,-ti .1, then rill such e tbe property "f the toWR f ' H UBI ■ II, with r e collected by the rnu: by bin paid into the county which the same shall. h town 01 eity, apon refoi I lerk, <>r other - <<{ cl. rk of sin'h town or eity. phnl' . fd "<* supervisora of t. and fll< a verified claim for any Ktoney . town an«1 (he "•■ : " l 'l the amount in the ha h d>\vn <e audited by tin board "f supervisors in tl,,. d which ag Inst the eounty an audi reof la inty auditor instruct* d to • ■ I 1 territory is siti; QOt paid into th. thla - [ A m ' 1 ' ! . v -l • 1 b« in force f r.-ri ad afl ■''• U th# "ami «*^ wlig «<- 948a MUNICIPAL CORPORATIONS. Act 2375, § 1 ACT 2375. An act to provide for changing the boundaries of citie3 and municipal corporations, and to exclude territory therefrom. [Approved March 20, 1899. Stats. 1889, 433.] Cal. Rep. Cit. 85, 370; 95, 452. Exclusion of territory and changing boundaries of munici- pal corporations. Sec. 1. The boundaries of any city or municipal cor- poration may be altered, and territory excluded therefrom after proceeding had, as required in this section. The council, board of trustees, or other legislative body of such corporation, shall, upon receiving a petition therefor, signed by not less than a majority of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such cor- poration the question whether such territory as is pro- posed by such petition shall be excluded from such munici- pal corporation and cease to be a part thereof. Such question shall be submitted at a special election to be held for that purpose, and such legislative body shall give notice thereof by publication in a newspaper printed and published in such corporation for a period of four weeks prior to such election. Such notice shall distinctly state the proposition to be so submitted, and shall designate specifically the boundaries of the territory so proposed to be excluded. And the electors shall be invited thereby to vote upon such proposition by placing upon their ballots the words "For exclusion" or "Against exclusion," or words equivalent thereto; such legislative body shall also designate the place or places at which the polls will be opened in such territory so proposed to be excluded, which place or places shall be that or those usually used for that purpose within such territory, if any such there be, and foi the purposes of this act, the qualified electors re- siding in the territory proposed to be excluded, shall be entitled to vote at the polls in such territory, and not else- Act 2375. J 1 MUNICIPAL CORPORATIONS* *8h where. Bach legislative body shall also appoint and desig- nate in such notice tl • of the officers of election. Such legislative bodjr shall meet on the Monday next suc- ceeding the day of such election, and proceed to cii, . the thereat The votes cast in such territory so proposed to be excluded aha I d separately, and if it shall appear on such canvass that a majority all the votes cast in such territory, and a majority of all the votes in such corporation, shall bi tor exclusion, such legislative body shall, by an or rr the whole number of electors voting in such corporation, Bneh territory, the number of < It fai tor exclusion, and the whole number of ll in 'a.h SgS taion. From and sit t • r ot tiling MCh abstract, .elusion of such territory from such municipal corporation shall be de< m- d complete, and tlier. ait. rritory shall cease to be a part of such municipal corporation; provided, that nothing contained in this act shall be hi id to r< lieve in any manner what to, \.i any part of such territory from any liability for aiu debt Contract! d bj such mm q. oration prior tu Buch exclusion; and provided further, that such municipal corporation is hereby authorized to levy and col any territory so JUCb sums oney as shall be found dip from it on account ol jus! prop, n ion of liability for any payment on the princi- pal or interest of such debts. Sued. tion shall be made m the same manner and at the 1 time that such assessment and collection is levied and made apon the property of such municipal corporation for any payment on account of such debts; ami further, that any BUCD territory so excluded from municipal corporation may at any time tender to the , 949 MUNICIPAL CORl'OiiATIONS. Act 2376, § 1 lative body of such municipal corporation the amount for which such territory is liable on account of such debts, and after such tender is made, such authority as is herein given, such municipal corporation to levy and assess taxes on such excluded territory shall cease; provided, however, that after an election shall have been held for the exclusion of any portion of a municipal corporation, if the vote shall be against exclusion, no election for the exclusion of the same territory shall again be held within three years from the date of such former election. (Am'd. 1905, 715.) Sec. 2. This act shall take effect and be in force from and after its passage. ACT 2376. An act providing for the adjustment, settlement, and pay- ment of any indebtedness existing against any city or municipal corporation at the time of exclusion of ter- ritory therefrom, and the division of the property thereof. [Approved March 25, 1893. Stats. 1893, p. 536.] Sec. 1. That where my territory has been or shall be excluded from any city or municipal corporation, the superior court of the county in which such city or munici- pal corporation is situate shall, upon a verified petition of any ten taxpayers residing in such city or municipal cor- poration, or in the territory excluded, made for the pur- pose of adjusting the amount of the indebtedness of such city or municipal corporation existing at the time of the exclusion oi such territory due from the excluded terri- tory, and stating the facts of such exclusion and the amount of such indebtedness, cause notice to be given by publication thereof in a newspaper published in such city or municipal corporation, or in a newspaper published in the county in which such city or municipal corporation is situated, for ten days, stating the substance of such peti- tion, and the time and place that the same shall be heard by said superior court, which time of hearing shall be at Iwust fiftee-D days after the filing of such petition, or at any Act 2376. § 1 MIN RPORAtf 95" time tie I which su.'h hearing may be continual by the court. •ion, or taxpayer Interested in such pity <>r municipal on, or in such excluded terri tory, or in : .. nt nml Battlement of such indelit- mm to <>r I id petition. The rules of pleading and practice provided by the Code of Civil Pro- li( I with the provisions of this pplicable to the special proceedings lirniii pi at so da marring or newer jng said : 1"' tin il> f.liil:iii!s t.i <:ii.l S}m-<- i;t 1 pro. rs of the petition shall be the plaint ,n the hearii Bpecial proceedings, the court shall have power to determine the amount due from such excluded territory ty or mnnicipal corporation from which it was excluded t the indebtedi icn city or munici] n existfng at the time such territory wai In fixing the amount du. booxI DM : lace in which the proceeds manner and place in which the pro. I ; the value of the the said city or municipal SOrpon tioii at' the ' I city or municipal corporation - made immediately on, and the i >f the ided territory as Bhown l>y saeh city aeeaaeaaeal If t | u . the property belong laid city or mn pal corporation, and which remains within the boundi ,l, ( r fa exclusion, Bhonld the value ol . it, Bueh > zcraded t< rri- pro rata portion of the in or municipal ' ,.. ,,,,,,. its boundaries shall belong ex- clusii If the court finds, after deducting the value of the city or municipal prop, rty from the v:ilue of that in the e-x- c l u , ; . iry, and the |>ru raU portion ut Ui. 851 MUNICIPAL CORPORATIONS. Acts 2377-2:JS0 edness to be borne by such excluded territory, a balance due from such excluded territory, it shall render judgment accordingly, and the amount of such judgment shall be collected and paid in the same manner and at the same time that the assessment is levied for, and the collection of the annual municipal taxes is made upon the property remaining in such city or municipal corporation for any payment on account of such indebtedness; provided, how- ever, that any such territory excluded from any city or municipal corporation may, at any time, tender to the legis- lative body of such city or municipal corporation the amount for which such excluded territory is liable on account of such indebtedness; and after such tender is made the au- thority of such city or municipal corporation to levy and assess taxes on such excluded territory shall forever cease. Sec. 2. This act shall take effect and be in force from and after its passage. Consult also : ACT 2377. To provide for the alteration of the boundaries of incor- porated towns and cities by the annexation of unin- habited territory thereto. [Stats. 1899, p. 37.] ACT 2378. Municipal corporations act, enabling them to annex adja- cent property. [Stats. 1871-2, p. 50.] Repealed 1873-4, 535. ACT 2379. To provide for changing the boundaries of cities and mu- nicipal corporations, and to exclude territory therefrom. [Approved March 19, 1889. Stats. 1889, 356.] The code commissioners say this act was superseded. In part at least, by 1SS9, 433, ante. ACT 2380. To enable the board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, to obtain data and information, from any corporation, company, or person supplying water to such city and county, city, or town, requiring such boards, town council, or other legislative body to perform the duties prescribed by section one of ar- ticle fourteen of the constitution, and prescribing pen- Arts OU, i MUNICIPAL CORPORATIONS. altics for the non-performance of such duties. [Ap- proved March 7, 1881. Stats. 1881, p. 51.] Amended 1SS5, 95. Cal. Rep. Clt. 61, 28: 118. 487. Unconstitutional In part. (Fitch v. Supervisors, 122 Cal. 285.) See this act, title Water Companies, post. ACT 2381. Authorizing municipalities of less than the first class to obtain, by purchat ". or devise, lands for cem- etery purposes; and authorizing the board of tn of said municipalities to make all necessary rules and regulations for the government and disposition of the sani. . 1899, p. 22.] ACT 2382. An act to ratify and confirm the conveyance of certain property to trustees for charitable or educational pur- - Ii\ the eJty council or trustees of any city oi than fifty thousand inhabitants, or of any incorporated town. [Approved March 8, 1889. Stats. 18S9, p. 94.] Confirming conveyance of property for charitable or edu- cational purposes. Section l. Wherever the city council or trustees of any city of less than fifty thousand inhabitants, or of any in- corporated town, has" by deed of trust i property, or any portion thereof, that has been set apart for a pub- lic park, to trustees, for charitable or educational such conveyance is hereby ratified and confirmed | pro- vided, that no institution now existing or to be established on such property shall be private in its benefits, or tarian in its work or teachings, or be to any extent finder the managi mi nt or control of or in any way tributary to any religious creed or order, church, or sectarian denomina- \ u ; u w | provided further, that land so cons shall DC k-pt open as public grounds by the trui such institutions as are or may be placed thereon, and that the public visitation of such grounds shall not b strict.. 1, excepting by Buch reasonable regulations as park property an 1 the proper m.ii n • ■ I such institutions may require; provided, furth< r, that pn shall revert to th< grantors, whenever and - the grantees do not use the same in accordant with thi stipu Ml NAPA CITY— NAPA COUNTY. Acts 2387-2398 lations of the deed of trust and with the requirements of this statute. Sec. 2. This act shall take effect immediately. TITLE 321. NAPA CITY. ACT 23S7. Act to incorporate. [Stats. 1871-2, p. 542.] Reincorporated under statute of 1873-4, p. 140, chap. CXVII, which must operate as a repeal of the earlier statute. ACT 2388. Reincorporating. [Stats. 1873-4, p. 140.] Amended 1875-6, 550; 1S77-8, 1011. Superseded by charter, 1893, 641. ACT 2389. Water supply for. [Stats. 1875-6, p. 595.] Superseded by charter, 1893, 641. TITLE 322. NAPA COUNTY. ACT 2394. Legalizing certain notarial acknowledgments. [Stats. 1875- 6, p. 572.J This act legalized acknowledgments taken by •: N. M. Bon- ham. ACT 2395. In reference to county assessor. [Stats. 1871-2, p. 437.] Superseded by County Government Act, 1S97, 532, sec. 180. ACT 2396. Providing for the building and furnishing of a courthouse and jail in. [Stats. 1877-8, p. 569.] ACT 2397. Act defining northern boundary of. [Stats. 1871-2, p. 305. J ACT 2398. Dispensing with copies of great register in certain elections in. [Stats. 1873-4, p. 515.] "Repealed by Political Code, sees. 1094-1097 and 1115, 1116, as amended in 1899." — Code Commissioners' Note. NATA COUtfTY. »54 ACT 2399. Estrays in. [Stats. 1871-2, p. 134.] ACT 2400. Applying provisions of act of 1873 t, p. BO, to. ( stats. i^::;-4. ],. 7unt ant Act. 1897. 4U» This act authorized the transfer of the swamp land fund Into the :il f unl. ACT 2402. Salaries and eomp< f certain officers. [Stats. 187 Amended 18T7-8, Oil > County Government Acts. LOT, 532. Me ACT 2403. Concerning persons under - tnment in in II of. | Btata. i-7i '-'. p. " Superaeded by .* • nt Act. 1897. Mi. This act authorized the nt] to put the prisoners to work upon the public works. ACT 2404. To provide fur the transcribing and trai«frrring certair urds in Sonoma and Solano counties to the county of Naj a. | 5 8, p. t>5.] ACT 2405. Transcribing records of. [Stata. 1 V| "•! This was an act for the better pu-servatlon of certain records inty. ACT 2406. To provide for tbe eatablisbnien*. and maintenance of reads in. - L877 8, p. 1084.] . rhap. X. .- 955 NAPA LADIES SEMINARY— NATIONAL GUARD. Acts 2407-242S ACT 2407. Board of supervisors, reorganizing. [Stats. 1873-4, p. 158.] Supplemented 1S73-4, 329. Repealed by County Government Act, 1897, 455, sees. 14-18. ACT 2408. Fixing fees of county surveyor. [Stats. 1873-4, p. 108.] ACT 2409. Title to certain lands in, quieting. [Stats. 1873-4, p. 329.] This act related to certain lands in the Suscol rancho. TITLE 323. NAPA LADIES SEMINARY. ACT 2414. Authorizing the granting of diplomas by. [Stats. 1871-2, p. 801.] TITLE 324. NAPA RIVER. ACT 2419. Authorizing construction of bridge across, at Napa City. [Stats. 1871-2, p. 792.] Repealed 1875-6, 835. TITLE 325. NATIONAL GUARD. ACT 2424. . To define the duties of inspectors of rifle practice. [Stats. 1877-8, p. 758.] ■Probably repealed by Political Code, sec. 2008, adopted 1897."— Code Commissioners' Note. ACT 2425. To provide for independent and unattached companies of, and to provide for the manner of making allowances for the use ar.d support of such companies. [Stats. 1901, p. 110.] This act appears in full in Political Code, Appendix, p 1099 Acts 2426-2430 NATIONAL GLARD. *>« ACT 2126. To establish a camp of instruction for the, and to authorize tin- lequisition by donation of a site for the same. |8ti I, p. 85.] ACT 2427. Providing that all encampments of the National (ruard shall bfl held at the state camp of instruction unless other- ordered [Stats. 1809, p. 148.] ACT 2428. Authorising the acquisition by donation of a site or sites for camps of instruction for the National Ouard of the state and to improve the same. [Stats. 1893, p. 123.] Probably repealed 1899. 86. ACT 2429. Begardinjj organizations, officers, and members of the Na- tional Gnard who entered the United Btatee volunteer ser- in the Bpanish-Ameriean war; their privilege, and exemptionB, ;m I retirements, and providing fur the return to such National Guard rganizations, officers and [Stats. 1899, p. 158.] See Political Code, see*. 1936. 1973a, as amended 1901, 681. H6. ACT 2430. ict making an appropriation to pay the claims for ser- supplies, transportation, and other j of the National Gnard of California and the X - ,,: led into service by order of the governor in the months of April. May and June, 1906. [ Approved .Tunc 14, 1006.] The people of the state of California, represented in senate and assembly, do enaet as follows: on 1. The sum of four hundred thousand dollars ($.], ,s hereby appropriated out of any money in the . not otherwise appropriated, to pay the claims lnr transportation, and other eX p tt< National Guard of California and the Uni- : into service by ordi r of the governor in the months of April. May and .Tunc, 1906; said money to be available July 1st. 1907. Said claims to be audited by the adjutant general before being paid. 957 NATUR VLIZATION— NAVIGATION. Acts 2434-2446 Sec. 2. The controller is hereby directed to draw his war- rant in payment of said claims in favor of the person or persons designated by the adjutant general, and the treas- urer is hereby directed to pay the same. Sec. 3. This act shall take effect immediately. TITLE 326. NATURALIZATION. ACT 2434. Naturalization, provision for indexing names of persons who have declared their intention to become or who have become citizens of the United States. [Stats. 1871-2, p. 80.J Sec. 1 probably in force; sec. 2 superseded by the fee bill of 1895, 267. TITLE 327. NAVAL BATTALION. ACT 2439. To establish a naval battalion to be attached to the National Guard. [Stats. 1891, p. 258.] Repealed 1893, 63. ACT 2440. To establish a naval battalion to be attached to the National Guard. [Stats. 1893, p. 62.] Modified, if not superseded, by Political Code, sec. 1962, as amended 1901, 5S3. TITLE 328. NAVIGATION. ACT 2445. Buoys and beacons, protection of. [Stats. 1873-4, p. 619.] ACT 2446. Submarine sites for lighthouses, and other aids to navigation. [Stats. 1873-4, p. 621.] This act authorized the governor to convey sites to the United States for the above purpose. Act* 2461-2461 NEC Kt> TITLE 329. NEGLIGENCE. ACT 2451. Requiring compenpation for causing death hy wrongful act, neglect, or default. [8l p. 117.] Cal. Rep. Cit. 42, HI oo, UX; si. :■:;. ii:,. U. Superseded by Code of Civil Procedure, sec*. 376. 377. TITLE 330. NEU« B8 I KKEK. ACT 2456. To ili« lj-»»i.i..Dt of IU» board had uoiiit*.J to »ljn> 959 NEW REPUBLIC— NORMAL SCHOOLS. Acts 2470-24M ACT 2470. Indexing certain records of. [Stats. 1873-4, p. 280.] This act provided for the manner of indexing certain deeds. ACT 2471. Public roads in. [Stats. 1871-2, p. 448.] Amended 1873-4, 293; 1875-6, 423; 1877-8, 279, 364. Repealed by statute of 1883, p. 5, chap. X, sec. 2. This act provided for the location, construction, and mainte- nance of public roads in Nevada County. ACT 2472. Nevada school district, board of education of, establishing and defining powers and duties of. [Stats. 1873-4, p. 614.] ACT 2473. Quarterly meetings of supervisors. [Stats. 1873-4, p. 239.] Repealed by County Government Acts, 1897, 452. ACT 2474. Authorizing supervisors to remove bodies of certain deceased persons. [Stats. 1877-8, p. 104.] TITLE 333. NEW REPUBLIC. ACT 2479. Name changed to Santa Rita. [Stats. 1873^4, p. 823.] TITLE 334. NEW SAN PEDRO. ACT 2484. To change the name of New San Pedro to Wilmington. [Stats. 1863, p. 328.] NORMAL SCHOOLS. See Schools. Acta M89-2S0fi NOV A TO CREEK. 960 TITLE 335. NORTH BEACH AND MISSION RAILROAD COMPANY. ACT 2489. Cranting certain privileges to. [Stats. 1S71-2, p. 761.] ACT 2490. Granting certain privileges to. f Stats. I8TT-8, p. 278.] TITLE 336. NORTH S\N FRANCISCO HOMESTEAD A.NTJ KAIL- ROM» ASSOCIATION. ACT 2495. Authorizing sale and conveyance of lands in San Frnn- eo to. f Stats. 1863-4, p. 482.] This act auth^rlz'-d lh>- commissioners of swamj> and overflowed land* to convey certain overflowed land to thui corj> ration. TITLE 337. v >r \i; ACT 2500. Fresno, Tulare, and Humboldt counties, additional notaries for. [Stats. 1873-4, p. 20.] Repealed by Political Code. sec. 791. ACT 2501. Additional for certain counties. [Stats. 1873-4, p. 30.] Repealed by r lltloS.1 791. Thip act ' adlltlonal notaries In the counties of Santa Clara. Napa, Pnnta Barbara. Sin I.uls Obispo, and Sonoma. ACT 2502. Defining duties of. fStats. 1871-2, p. 792.] Bapplemantlni art of Aprl Repealed by Political Oada, sec. 791. TITLE 338. NOVAIO CREEK ACT 2505. Declaring ' tuary in Marin County navi- gable. [stats, i860, p, 257. ] Incorporated In Political Coda, see. «60a NUECES CREEK— NURSING. Acts 2506-250Sa. 5S 1. 2 TITLE 339. NUECES CREEK. ACT 2506. Declared navigable. [Sbats. 1858, p. 127.] Incorporated In Political Code, sec. 2349. TITLE 340. NUISANCES. ACT 2507. 'i'o prevent certain public nuisances. [Stats. 1852, p. 100.] Superseded by Penal Code, sec. 374. ACT 2508. Authorizing and directing district attorneys to bring suits to abate public nuisances. [Stats. 1899, p. 103.] Cal. Rep. Cit 147, 380. TITLE 340a. NURSING. ACT 2508a, An act to promote the better education of practitioners of nursing the sick in the State of California, to provide for the issuance of certificates of registration as a regis- tered nurse to qualified applicants by the board of re- gents of the University of California, and to provide penalties for violation hereof. [Approved March 20, 1905. Stats. 1905, p. 533.] Section 1. Commencing in the month of July, 1905, and at least semi-annually thereafter, the board of regents of the University of California shall hold, or cause to be held, such examination or examinations as they may deem proper to test the qualifications and fitness of applicants for certifi- cation and registration as registered nurses within the state of California. Such examinations shall be practical in char- acter, and a reasonable notice designating the time and place thereof must be given by publication in at least two daily papers published within the state of California. Sec 2. All applicants for examination must furnish sat- isfactory evidence of good moral character and of having complied with the provisions of this act relative to qualifi- *ta. ii 3-5 »«*> and any examiner may inqnir. of any applicant for mination concerning his or her character, qualificati cperience, aad may tnk.. testimony in r. lt^t-iI thereto, un- der oath, which he is hereby empowered to admin i Ml persona bs i ssnssttins tion8 shall be granted by the board of r v. r- t"< .rn i ri :i I sal DC OT the is :t registered nurse within tic ifomia, and shall thereafter be known and styted The secretary of th> said board Bhall k< «•]» in a book showing the names of all persons t<> whom certifi as r i. d. Graduates >f all tr:iit N for nnnei which shall hav. I by the said board of regents may be certified tered nurses, without examination, :it any time within tin of this art, npoa I pic scribed in s. etioi foa* In reof. raon applying fur examination, H>n as a registered ^11 pay to the secretary of the said board of r< _ Are dollars, which shall in no ease be refunded. A certificate of registration shall be void thr> f, bul s new certil mav be issued to the holder npon the payment of one dollar. All pn eurred in carrying «.ut the provl l of this act shall b«' paid from I - col- lected hereunder, and the surplus receipts, if any, shall be us. .1 tO provide for o dNs c a ti OB in nursing. • ion or for registration as B registered nurse who Bhall not furnish satisfactory evidence si baring graduated, from ■ nun training school: (a) ti bed to a reputable hospital; (b) that gives a genera] training and a systematic, theoreti- iti.l practical course of study covering a peri...; ,,(' ;l t least two years; (c) and that has been approved by the i of regents of the University of California. (II) Aft-r January 1st, 1908, no person shall t"..r examination or for registration as unless: (a) He or she is at 1. BBt twenty-on. j -. : (b) He or she is a graduate of a trail by the board of regents of the Uaivei alifornLa, and after said .late as school shall be approved >>r nssaain on tin list of schools approved by said board of regents, unless it 961 OAKLAND. Act 2509 is attached to a general hospital, and its course requires a three years' training in that hospital; provided, that a train- ing school approve d as aforesaid may graduate students who have spent a year therein subsequent to completing a two years' course in the training school attached to a special hospital. (Ill) After January 1st, 1910, no person shall be eligible for examination or for registration unless he or she furnishes satisfactory evidence of having substantially completed the course of studies pursued in the grammar schools of the state of California, or an equivalent course. Sec. 6. The board of regents of the University of Cali- fornia shall have power to revoke any certificate of registra- tion for incompetency, dishonesty, intemperance, immorality or unprofessional conduct, after a full and fair investiga- tion of the charges preferred against the accused. Prior to such hearing a written copy of such charges shall be fur- nished to the accused, wlu shall have at least twenty days' notice in writing of the time and place where such charge will be heard and determined. Sec. 7. Any person procuring registration under this act, by false representation or who shall refuse to surrender a certificate of registration which has been revoked as set out in this act, or who shall use the title of "registered nurse," or append the letters "E. N. " or any other words, letters or figures to indicate that the person using the same is a registered nurse, unless such person shall be lawfully en- titled so to do, shall be guilty of a misdemeanor, and upon conyiction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than five days nor more than six months, or by both such fine and imprison- ment; provided, however, that nothing in this act contained shall be construed to prohibit or affect that gratuitous nurs- ing of the sick, nor to nursing the sick for hire by a person who does not in any way assume to be a registered nurse. TITLE 341. OAKLAND. ACT 2509. Charter of. [Stats. 1889, p. 513.] Gtf. Rep. Cit. U.j, 121: 1*S. 422: 145. 422.: 14a. 425; 145. 427 <"l«n T ji mi a- S3 Acts 2810-2518 OAKLAND. ACT 2510. Incorporating. ("Stats. 1878-4, p. Snt."] Supplementing act of April 24, 1862. Superseded by charter of Onkland. 1S89, 514. ACT 2511. \ hirudin, Oakland, and Piedmont Railway Company, au- thorizing city council of Oakland to grant certain privileges to." [Stats. 1875-6, p. 499.] ACT 2512. Assessor, salary of. [Stats. 18TB-4, p. 1 i<*.] I t.y the charter of Oakland. 1889, 621. 5S3, sees. 40 and *4. ACT 2513. Providing compensation for the township assessor of the township of. [Stats. 1877-8, p. 557.] ACT 2514. ■non eonneil, appropriation of moneys by to certain ties, | stats. 1877 I, p. 2">2." SupTjedofl by charter of <~»nkl*nd, IMP, lit, MO. 81. »hM. 4 r Thla act anthorUf.l the pavment from fines collated In the police r.uirt to the Oakland Benerolent Society and the Lad lea' Hellef So- ACT 2515. To issue and sill bonds of, and with proceeds to pay and oanee] certain other bond* [Stats. 1873-4, p. 845.1 ACT 2516. To provide for the liquidation of the floating |nd< of tiir i'itv of Oakland and to prevent the incurring of farther debts, [Stats. 1871-4, p. 799.] Thl» act authorized the Issuance of bonds not exceeding; $100,000. ACT 2517. To provide funds for. [81 -'. p. 590.] This act authorized the city council to Issue bonds. ACT 2518. Authorising the construction of a l>r t$ the rstn- arv ol Baa \ i't.. ni.i. between Eighth Btreet and East Ninth SI net. [Stata. 1875 6, p. I 963 OAKLAND. Acts 2519-i;52% ACT 2519. Elections in, time for holding. [Stats. 1875-6, p. 64.] Superseded by the charter of Oakland, 1889, 514. ACT 2520. Gas and water pipes in, laying of. [Stats. 1875-6, p. 312.] See Charter of Oakland, sec. 31, subd. 26; also 1889, 539, sees. TO, 71. ACT 2521. Oakland Harbor, to facilitate the construction of a canal for. [Stats. 1875-6, p. 862.] Amended 1877-8, 113. ACT 2522. Ratifying an ordinance of. [Stats. 1877-8, p. 71.] This ordinance abandoned certain streets. ACT 2523. Legalizing the ordinances of Oakland in respect to the penalties therein. [Stats. 1871-2, p. 75.] ACT 2524. Granting certain salt-march and tide-lands to. [Stats* 1873-4, p. 132.] ACT 2525. Superintendent of public schools, salary of, act fixing and also limiting powers of board of education. [Stats. 1875-6, p. 169.] Amended 1877-8, 735. Superseded by the charter of Oakland, 1SS9, B14. ACT 2526. Authorizing construction of main sewers. [Stats. 1875-6, p. 896.] Probably superseded by charter of Oakland, 1889, 514. ACT 2527. Streets in, opening. [Stats. 1875-6, p. 468.1 Repealed 1877-8, 619. ACT 2528. Opening of streets in. [Stats. 1877-8, p. 614.] Probably superseded by the Vrooman Act, 1885, 147. Acts 26J9-2644 ODD FELLOWS— OFFICERS. »M ACT 2529. To district the city into wards. [Stats. 1875-fi, p. fiC."] Amended 1877-8. 813 Superseded by sec. 8 of srt. I of the charter Bf Oakland, 1S89. 513. ACT 2530. Authorizing to obtain a supply of water. [Stats. 1S73-4, tit] Superseded by charter, 1889, 529, 637. ACT 2531. Knahline; citv to acquire and rna : ntnin wnterworks. [Stats. 7.] Superseded by charter, 18'j9, 629. sec. II, subd. 41. TITLE 342. 01>1.» FKLLOW& ACT 2536. Amending act relating to cor|K>rations. [Stats. 18~>3, p. 274.] See note to act 832. note. This act authorised ten o r more cltlzms to assume corporate powers for the purpose of erecting Odd Fellows' halls. ACT 2537. Independent Ordei of Odd Fellows, authorizing trustees to UpM a Iwt in 9*M 1- 1 (Stats. ls77-\ j-. ."> G 1 . J TITLE 343. OFPI( i ACT 2542. Educational offices, making women eligible to. [Stats. 1873-4, p. 166.] This act appears In full In Political OM», Aii-end'.x. p. Ml. ACT 2543. To secure to native-born ami naturalized citizeni the ex- clusive right to be employed In the noWii service. its. 1901, p. 589.] ACT 2544. To provide for the paymi ui by tl r counties, or cities, or eitirs and counties, of the premium or 963 OFFICERS. Acts 2545-2551, charge on official bonds where given by surety com- panies. [Stats. 1903, p. 476.] This act appears in full in Political Code, Appendix, p. 10*1. ACT 2545. Civil officers, removal of for violation of official duty. [Stats. 1873-4, p. 911.] "Repealed by the constitution of 1879 and the County Government Acta. (Fraser v. Alexander, 75 Gal. 147.)"— Code Commissioners' Note. Cal. Rep. Cit. 97, 3S1. ACT 2546. Concerning confirming and ratifying leases and other con- tracts made by any officer or boards of officers of the state. [Stats. 1901, p. 601.] ACT 2547. To protect candidates for certain public offices, to prohibit certain acts by such candidates, and to provide a pun- ishment for infractions of this law. [Stats. 1897, p. 53.] Codified by amendment of Penal Code of 1905. See note to § 55a, Penal Code. This act prohibited the pledging of candidates or the giving of pledges by candidates. This act appears in full in Political Code, Appendix, p. 1102. ACT 2548. Relating to the intoxication of officers. [Stats. 1880, p. 77.] This act appears in full in the Penal Code, Appendix, p. 635. ACT 2549. To protect the wages of labor and the salaries and fees of subordinate officers. [Stats. 1871-2, p. 951.] Codified by amendments of Penal Code, 1905. See notes to §§ 74a. 653d, Penal Code. This act appears in full in the appendix to the Penal Code, p. 634. It made it a felony to receive or retain a portion of the wages of laborers employed upon public works or the fees or salaries allowed to subordinate officers. ACT 2550. [Concerning officers. Stats. 1861, p. 139.] This act related to the signature of ex-offlcio officers. AcU 2651, 2S6X OFFICERS. »«• ACT 2551. An act forbidding the employment of the inmates of state institutions in the manufacture, or production of ar tides, for the use of state officers, or the officers and employers of state institutions. [Approved Marc* 19, 19Q3L Btatn. 1903. p. 210.1 The people of tin state of California, represented in senate nn«l assembly, do enact as foll< ■ Section 1. No inmate of any state institution shall bo employed in the manufacture or production, of any ar- tiele, intended for the private and personal use of any or officer, or employee, of any state institu- tion; provided, that this act shall not p r event repairing of any kind nor the employment of such inmates in h' hold or domestic work connected with such institution. 2. All acts or parts of acts in conflict with tuis act, are hereby repealed. Sec. 8. This act shall take effect on and after its pas- sage. ACT 2552. An act to execute and carry into effect section three of article twenty of the constitution of the state of California. [Approved March 23, 1901. Stats. 1901, p. 552.] Tli.' people of the state of California, represented in senate and assembly, do enact as follows: >n 1. Whenever any person within this state shall hold any office or position of public tru9t and shall taken the oath of office prescribed by section three of article twenty of the state constitution upon entering upon BUCD office, or shall, after his election or appoint- ment, li I to take such oath, it shall be unlawful to remove such person from such office or position of public trust l >. ■•:) n -• such person has not complied with any provision of any law, chart, r, or regulation prescribing an additional test or qualification for such office or posi- tion of public trust, and any person who is removed or threatened with removal from any office or position of public ■ under any w hat* \ < r. if the with provisions re. par- ing such additional t. st or qualification, shall be entitled »67 OIL. Act 2556 to restrain such unlawful removal or to enforce restoration by process of injunction both prohibitory and mandatory. Sec. 2. It shall be unlawful for any person having the power of removal from office of any public official, state or local, to remove or threaten to remove such official from his office because such official in the appointment of any person to a position of public trust under such last-named official, refuses to require any test or additional qualifi- cation than the oath referred to in section one of this act as a condition of permitting such appointee to enter upon or remain in such position of public trust; and such per- son making or threatening such unlawful removal from office may be restrained by prohibitory and mandatory injunc- tion from effecting such removal under any pretense or de- vice if the real reason of such removal or threatened re- moval be or was such as herein declared unlawful. Sec. 3. This act shall take effect immediately. TITLE 344. OIL. ACT 2556. An act to prevent injury to oil or petroleum-bearing strata or formations by the infiltration or intrusion of water therein. [Approved March 24, 1903. Stats. 1903, p. 399.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be the duty of the owner of any well that may be drilled in the state of California on lands producing or containing oil or petroleum, to properly case such well with metal casing, in accordance with the best approved methods, landing the casing in the clay or other water-impervious strata or formation immediately underlying the surface water-bearing sands or strata, and also to, if the well be drilled to a sufficient depth, land the casing in the clay or other water-impervious strata or formation under- lying such oil or petroleum-producing or bearing sands or strata, and effectually shut off all water overlying and under- lying the oil or petroleum-producing or bearing sands or strata, and effectually prevent any water from penetrating Buch oil or petroleum-producing or bearing sands or strata. Sec 2. It shall be the duty of the owner of any well referred to in section one of this act, before abandoning same, to withdraw the casing therefrom and securely nil \ i- M -..■ : ME- OLIVE OIL. ■Mil well with clay, earth 01 mortar, or other good ami Buflicienl tnati ria If >r\< i.r in suitable combination and thoroughly packed aricl tamped in the well, to a point • ■in aandred f« > ' Above th. upper oil or petrolennvbeai or producing land nr 1L. ACT 2567. To regulate the sale of ..live oil. [g Thin art n[n>*»»r^ In full In the ApefHidlx to the I p. mo %9 OPTOMETRY. Acts 2568-2571, g § 1- i ACT 2568. To regulate the sale of imitation olive oil. [Stats. 1893, p. 210.] This act appears in full in the Appendix to the Penal Code, p. 638. TITLE 847. OPTOMETEY. ACT 2573. An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation. [Approved March 20, 1903. Stats. 1903, p. 285.J The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The practice of optometry is defined as fol- lows, namely: The employment of subjective and objec- tive mechanical means to determine the accommodative and refractive states of the eye and the scope of its functions in general. Sec. 2. It shall be unlawful for any person to practice optometry in the state of California unless he shall first have obtained a certificate of registration and filed the same, or a certified copy thereof, with the clerk of the county of his residence, all as hereinafter provided. Sec. 3. There is hereby created a board, whose duty it shall be to carry out the purposes and enforce the pro- visions of this act, and shall be styled the California State Board of Examiners in Optometry. Said board shall be ap- pointed by the governor as soon as practicable after the passage of this act, and shall consist of three persons en- gaged in the actual practice of Optometry, and residing in the state of California. Each member of said board shall hold office for a term of four years, and until his successor is appointed. Appointments to fill vacancies caused by death, resignation or removal, shall be made for the residue of such term by the governor. The members of said board, before entering upon their duties, shall respectively take and subscribe to the oath required to be taken by other officers, and filed with the clerk of the county in which said member resides, and said board shall have a common seal. Sec. 4. Said board shall choose at its first regular meeting, and annually thereafter, one of its members president, and one secretary thereof, who severally shall have the power \. t 2573. § § 5-8 OPTOMETRY. »70 during their term of office to administer oaths and take affidavits. Certifying thereto ini.hr tin ir hand and the seal of the board. Said board shall meet at least once in each vear at the atate oapitol, and in addition thereto, whenever and win n vi r the pr< Bid* nt and B6CT( tary thereof shall call a meeting; ■ majority of said board shall at all times con- stitute a quorum. Tin Meretary of said hoard shall keep a full record of the proceedings of sai.l board, which records shall at all reasonable times be open to public inspection. Sec. 5. Every person before beginning to practice op- tometry in this state, after the passage of this act, shall pass an examination before said board of examiners. Such examination shall be confined to such knowledge as is essential to the practice of optometry. Any person having Bignifted to said board his desire to be examined by tin in shall appear before tin m at Buch time and place as they may designate, and before b'tfinning such ex- amination shall pay to Che of said board, for the use of said board, the sum of ten dollars, and if he shall successfully pass such examination, shall pay to said sec- retary, for the use of said board, a further sum of five dollars on the issuance to him of a certificate. All per- Bons fully passing such examination shall be regis- tered in the board register, which shall be kept by said rotary, as licensed to practice optometry, and, shall a ] 8(1 B eetrtificate af Buoh registration, to be signed by thi prt sid< nt and secretary of said board, which shall be filed as hereinbefore provided. Sec. 6. Every person who is actually engaged in the prac tice of optometry in the state of California, at the time of t) 10 of this act, shall, within six months thereafter, file an affidavit in proof thereof with said board, who shall make and keep record of such person, and shall, in the con- sideration of the sum of five dollars, issue to him a certificate gistration. Sec. 7. All persons entitled to a certificate of registration under the full provisions of section six, shall be exempt from the provisions of seetion five of this act. gee, v. Recipients of Baid certificate of registration shall present the same for record to the clerk of the county in which they reside, and shall pay a fee of fifty cents to the clerk for recording the same. Said clerk shall record said certificate in a book to be provided by him for thai pur Any person so licensed removing his residence from i county r in tin- Mar.' shall, bet'.. re engaging in the pr of optometry in such othef eeunty, ol '» the clerk of 71 OPTOMETRY Act 2573, § § ">- 1 1 he eounty in which said certificate of registration is recorded, i certified copy of such record, or else obtain a new certificate if registration from the board of examiners, and shall, before commencing practice in such county file the same for record with the clerk of the county to wh ; ch he removes, and pay the clerk thereof for recording the same, a fee of fifty cents. Any failure, neglect or refusal on the part of the person hold- ing such certificate or copy of record to file the same for record, as hereinbefore provided, for six months after the is- suance thereof, shall forfeit the same. Such board shall be entitled to a fee of one dollar for the reissue of any certifi- cate, and the elerk of any county shall be entitled to a fee of one dollar for making and certifying a copy of the record of any such certificate. Sec. 9. Any person entitled to a certificate, as provided for in section six of this act, who shall not within six months after the passage thereof make written application to the board of examiners for a certificate of registration, accom- panied by a written statement, signed by him, and duly veri- fied before an officer authorized to administer oaths within this state, fully setting forth the grounds upon which he claims such certificate, shall be deemed to have waived his right to a certificate under the provisions or refusal on the part of any person holding such certificate under the provisions of such section. Any failure, neglect or refusal on the part of any person holding such certificate to file the same for record, as hereinbefore provided, for six months after the issuance there- of, shall forfeit the same. See. 10. Every person to whom a certificate of examina- tion or registration is granted shall display the same in a conspicuous part of his office wherein the practice of opto- metry is conducted. Sec. 11. Out of the funds coming into the possession of said board, each member thereof may receive, as compensa- tion, the sum of five dollars for each day actually engaged in the duties of his office, and mileage at three cents per mile for all distance necessarily traveled in going to and coming from the meetings of the board. Said expenses shall be paid from the fees and assessments received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall ever be paid out of the stats treasury. All moneys received in excess of said per diem al- lowance and mileage, as above provided for, shall be held by the secretary as a special fund for meeting expenses of said board and carrying out the provisions of this act, and he shall Act 2573. SS 12-" OPTOME l KY Vll give such bonds as the board shall from time to time direct, and the said board shall make an annual report of its pro- ceedings to the governor on the first Monday in January of each year, which report shall contain an account of all moneys received and disbursed by them pursuant to this act. Sec. 12. Every registered optometrist Who desires to con- tinue the practice of optometry in this stair shall annually on suoh late as the board of optometry may determine, pay to tin- secretary of said hoard a registration fee to be fisted by the hoard, but which shall in no si the sum of two dollars per annum, for which he shall receive a renewal of said registration; and in case of default in sueh payment, by any • ii, his certificate may he revoked by the board of exam in. rs. under twenty days 1 notice of the time ami place of con- sidering sueh revocation. But i ertificate shall be revoked for sueh non-payment if the pen titled shall pay 04 fore or at sueh time of consideration b 1 sueh penalty as may I., imposed by Baid board; provided, thai said hoard may impose a penalty of five dollars and no more oi l notified, as a condition oi allowing his certificate to stand; provided, further, that said hoard of examiners; may collect any such fees by suit. 1 hoard shall have power to revoke any certili •ration granted by it under this art for convic- tion of enme, habitual drunkenness for six months immedi- ately before s oharge to bt made, •/, or son- tons or infectious disease; provided) that before any certifi- , | be so revoked, the holder thereof shall bare aotiee in writing of the charge or charges against him, ami at a day jaid notice, at hast five days after the service thereof, be given a pnblie hearing, and have opportunity to produe* testimony in his behalf and to confront the witrn him, Any person whose certificate has been so re voked. may. after the expiration of ninety ly to have the Bame regranted, and the same shall be i him. upon a satisfactory showing that the. atfoh has led. p. rson who shall violate any of the pro- \isious of this "art shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty dol- lars, nor not more than one hundred dollars, or to he confined not less than one month, nor more than three months m the ,nd in d( fault of payment of said line shall he imprisoned in the county .jail at the i • the fine so impoped. And all fines thus received 97.5 ORANGS COUNTY— ORDINANCES. Acts 2578, 2583. $ I shall be paid into the common school fund of the county in which such conviction takes place. Sec. 15. Justices of the peace and the respective munici- pal courts shall have jurisdiction of violations of this act. It shall be the duty of the respective district attorneys to pros- ecute all violations of this act. Sec. 16. Nothing in this act shall be construed to apply to physicians and surgeons authorized to practice under the laws of the state of California, nor to persons who sell spectacles or eye-glasses in the ordinary course of trade, and who do not attempt to employ subjective and objective me- chanical means to determine the accommodative and refractive states of the eye. Sec. 17. This act shall take effect and be in force from and after its passage. TITLE 348. ORANGE COUNTY. ACT 2578. To create the eounty of Orange, to define the boundaries thereof, to determine the county seat by an election, and to provide for its organization and election of officers, and to classify said county. [Approved March 11, 1889. Stats. 1889, p. 123.] TITLE 349. ORDINANCES, ACT 2583. An act to require ordinances and resolutions passed by the city council or other legislative body of any municipality to be presented to the mayor or other chief executive officer of such municipality for his approval. L A PP roved March 27, 1897. Stats/ 1897, p. 190. j Cal. Rep. Cit. 123, 460. Unconstitutional as to cities having charters. Morton v. Brod- erick, 118 Cal. 486. The people of the state of CaUfornia, represented in senate and assembly, do enact as follows: Section 1. Every ordinance and every resolution of the city council of any municipality providing for any specific improvement, or the granting of any franchise, or other privilege, or affecting real property interests, or the ex- penditure of more than one hundred dollars of the public _,3, §}:-•» ORDINANCES. 974 mon' yi&g t ;ix ,ir assessment, or establishing rates for artificial light, and every ordinance or resolution lu- ng a duty or penalty, which shall have passed the city council, shall, before it taki s effect, !>• presented to the •r for his approval. The mayor shall return such ordinance or to the cily council within ten days _■ it. If In approve it be Bhall sign it, and it shall then take eff be disapprove it he shall specify his o reto in writing. If he do not return it with such disapproval within the time above s; hall take eff< be had approved it. The obj< the mayor shall 1 I al large on thfl journal of thi U, and the city council shall .. immediately published. Tin city r five, end within* thirty days after such ordii II bai e b< i d retunv d with the ma\ adder and vote anon the same; mil if ill, upon reconsideration, be again ,1 l.y tin affirm ite of not leu than three- fourths of all the members, the presiding shall cai tifv that fact "a the ord i wlution, and when • as if it had I the 'In- major; but if the ordinance or r- solo- fail to receive upon the first vote thereoi after rn with tin- mayor's disapproval, the affirmative -, of three-fourths of all the members, it shall be on recta reconsideration taken by ayeB and noea, and the nanus of the members voti the • ^ •' 1 " ,, *h*ll 1" entered in the journal; provided, that the provisions of this sect „),.,! |y to cities n which the mayor is a member f tl • moil, or other governing b Tin word •'municipality," and the word "city," in this act, shall b< understood and so construed lade, ami i^ iii i n d to include, all ire organized ami now existing, and t i municipal purposes. rin t> rm "city council" is hereby declared to I which, under the law, is th< i of aaj i. in municipalities in which no mayor, . tin- dut iec - ''d officer by the pi performed by the president of the boat tive i fBc< r of municipality. 1)75 OROVILLE— ORPHAN ASYLUM. Act 2588-2597 Sec. 5. This act shall take effect and be in force from and after its passage, and all acts and parts of acts in conflict with this act are hereby repealed. TITLE 350. OEGVILLE. ACT 2588. To supply the town of Oroville with water for fire pur- poses. [Stats. 1877-8, p. 796.] TITLE 351. ORPHAN ASYLUM. ACT 2593. Appropriation for relief of. [Stats. 1871-2, p. 903.] Apparently superseded by 1880, 13. ACT 2594. In relation to the care of orphan and abandoned children. [Stats. 1873-4, p. 297.] Amended 1877-8, 72. Partly codified by amendment of Penal Code, 1905. See note to § 271a, Penal Code. This act required the quarterly publication of the names of chil- dren admitted and also provided as to what constituted an abandon- ment of children. ACT 2595. Appropriating money for support of orphans, half orphans, and abandoned children. [Stats. 1880, p. 13.] Amended 1883, 57. Cal. Rep. Cit. 139, 400; 139, 402; 139, 408. ACT 2596. To authorize managers of orphan asylums to give their consent to the adoption of certain children under their care. [Approved April 1, 1878. Stats. 1877-8, p. 963.] Amended 1S95, 39. See Civil Code, sec. 224. ACT 2597. To provide for the appointment of guardians of children in orphan asylums maintained in any orphans' home or orphan asylum in this state. [Stats. 1893, p. 203.] This act appears In full in Civil Code, Appendix, p. 723. A.;t ^002. § J 1-3 OPTHOPATHY. »i« TITLE 352. OSTEOPATHY. ACT 2602. An act to regulate the practice of osteopathy in the state of California, and to provide for a Btat* board o teopathic examiners, and to license osteopaths to practice in I and punish persons violating the pro\ i^ions of this act. ame a law andei titutfonal provision witliout governor's approval, March 9, 1901. Stats. 1901, p. 113.] ■ the state of California in senate a i ily, do enact as follows: ■ ■a 1. That any person practicing osteopathy in this qualifications ri f examine] a m Me at'ti r the passage of this act, to be known as the state hoard of Osteopathic examiners. This hoard shall consist of five (5) qualified practicing resident osteopsfths, of whom shall he a graduate of a legally authoi colli g h mi mbi r of Baid board shad thereon for a term of two years, and uutil his suc- of the first board, on which tv< all lerve for two (2) yiars, and three i3) for three years, as specified in their ap- tment. I a vacai ath or other' :A\ he appoint, d in like inanner a person to serve thro I u tin. • aaminers shai: a president, and treasurer, and shall have a ,oinni..!i seal, and its president and secretary shall have power to administer oaths. Said hoard shall hold in.it- ination at th- tpitol, or regu- g ily authoi opathy, within th' I the third Tuesday "f Fihruary r, and such other meetings as may be deem. .1 necessary, each >. >si,.n thereof not | three days, ami shall issue a certificate of qualification to all applicants having a diploma, or wh. re quired examinations, as provided l : hv the pr. >id. nt m OSTEOPATHY. Act :602, §5 4, 5 and secretary of said board, and attested by its seal, and shall be conclusive as to the rights of the lawful holder of the same to practice osteopathy in this state. Said board shall keep a record of all its proceedings, and also a register of all applicants for a license, together with his or her name and age and time spent in the study and practice of osteopathy, and of the name and location of the college of osteopathy from which said applicant holds a diploma, and shall keep a register which shall show the names of all applicants licensed, or that are rejected un- der this act. Sec. 4. It shall be unlawful for any person to practice osteopathy in this state without a license from said board. All persons practicing osteopathy within this state prior to the passage of this act and holding a diploma from a legally authorized college of osteopathy, of good repute, may be licensed to practice osteopathy in this state, by submitting to said board of osteopathic examiners, such a diploma, and satisfying such board that they are the legal holders thereof, or by undergoing an individual ex- amination in the following branches, to wit: Anatomy, physiology, chemistry, histology, pathology, gynecology, obstetrics, and theory and practice of osteopathy, and such other branches as the board shall deem advisable. All persons, after August first, nineteen hundred and one, desiring to commence the practice of osteopathy in this state, shall apply to said board for a license to do so. # and such applicant at the time and place designated .by said board, or at a regular meeting of said board, shall submit a diploma from a legally incorporated college of osteopathy, recognized by the board of examiners. Hav- ing complied with the requirements of this act, said board shall grant a license to such applicant to practice oste- opathy in the state of California, which license shall be granted by the consent of not less than three members of said board and attested by the seal thereof. For the sup- port and maintenance of said board the fee for such ex- amination and license shall be ten ($10) dollars,, not re- turnable, which shall be paid in advance to the treasurer of said board, and shall be applied by said board to defray all the expenses thereof. Sec. 5. The certificate provided for in section four (4) of this act shall not authorize the holder thereof to pre- scribe or use drugs, nor to perform major surgery. Gen. Laws— 62 AcU 2807-2609 OYSTERS. tTI . 6. The ]'iTon conviction thereof shall be pun- ished by a fine of m .n fifty ($50) dollars, nor more than one hundred ($li>'i> dollars, or by Imprisonment in the county jail for a period of not more than nil dajl for each and cv< ry such offense. Sec. 8. Any such certificate ma board upon I ry proof of fraud or i Ota- tion in procuring Or for any violation of the pro- as of the certificate, or any gross immorality by the holder thereof. - s. 9. Ti ; enee of ISCS of the human body, commonly known as oste- opathy, is hereby dec! red nol to b< thi of medi- . ithin the • ntitled " \ n, :i,'t ractice ot' medicine in the state of California," approved April third, hundred and of the acts amends I . 10. Tl ' and be In force from and after its passage. TITLE 353. 0\ E ACT 2607. Concerning 351, p. 4.12.] tinned In f *ec. 2*. Political Ccxl*. I ami later BtatS. 1873-4. Ml. ACT 2608. Oonci rning oyster beds. [SI Repealed 1873-4. M0. 979 PARIS GREEN. Acts 2609, 26H ACT 2609. Encouraging planting and cultivation of. [Stats. 1873-4, p. 940.] TITLE 354. PARIS GREEN. ACT 2614. An act to prevent fraud in the sale of Paris green used as an insecticide. [Became a law under constitutional provision without gov- ernor's approval, February 28, 1901. Stats. 1901, p. 69.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be the duty of each and every manu- facturer of Paris green (commercial aceto-arsenite of copper) to be used as an insecticide within this state, and of every dealer in original packages of said Paris green manufactured outside of this state, before the said Paris green is offered or exposed for sale, or sold within this state as an insecticide, to submit to the director of the California agricultural experiment station at Berkeley, samples of said Paris green, and a written or printed statement setting forth: First, the brands of said Paris green to be sold, the number of pounds contained in each package in which it is put on the market for sale, the name or names of the manufacturers and the place of manufac- turing the same; second, the statement shall set forth the amount of combined arsenic which the said Paris green contains, and the statement so furnished shall be consid- ered as constituting a guarantee to the purchaser that every package of such Paris green contains not less than the amount of combined arsenic set forth in the state- ment. Sec. 2. Every purchaser of said Paris green in original packages, which is manufactured outside of this state, who intends to sell or expose the same for sale, and every manufacturer of said Paris green within this state, shall, after filing the statement above provided for, with the director of the California agricultural experiment station at Berkeley, receive from the said director a certificate stating that he has complied with the foregoing statement, which certificate shall be furnished without charge there- I'Al IIONERS. for; said furnished shall authorize the party when r< to deal in this state in the said who fails bo comply with tli < term - •; shall not be entitled ' : BOl be ' nt ill.. I to deal in said Paris green within this -■ ithing in this section shall tx '1 as applying to retail d< 'ling said Paris green which idy been labeled ami ^nar anti ■■ sold, offer. H or exposed for ticide, in this state, shall contain at least fifty par .''iitum of a- izide and shall not eonl more than four per centum of tbfl Kine in the uncombine.l I. Tin direetOl of tin- California state agricultural station at Berkeley shall examine or canst to l" examined different brands of Paris green sold, offered or exposed fox sal.' within th. state, ami cause s:un pl«'< ..f tie- same to and shall report r< forthwith to t iry of ti . ar.l of horticulture and to tin- party or parties submitting sai.l samples, and sueli report shall be final as regards its qi ality. firm, association, com 01 oorperation violating any of the provisions of this act. person Itho shall sill any package of Pari- n or any part th. r. of which has not been labeled herein provided, shall be ppiiltv of a misdemeanor, and shall be fund not lees than fifty dollars nor more than two hundred dollars, together with the OOStS of the suit ii an action C&USed to In brought by the state board of horticulture through its secretary in the name of the pie oft 1 • alifornia. 1 of th. California is charged with the prosecution of all such s See. 7. This act shall take effect immediately. TITLE 355. PAROLE COMW ; ;s. ACT 2619. tablish board of paroli rs for the parole of and government of paroled prisoners. [Stats. p. l Ai Tin* a.* ajii^rt lx> full In Panal Coda, ippttdli, p TIL 981 PARTNERSHIPS— PAUPERS. Acts 2624-2G31, § 1 TITLE 356. PARTNERSHIPS. ACT 2624. To authorize the formation of special partnerships. [Stats. 1869-70, p. 123.] Superseded by Civil Code, sees. 2477-.MS5. TITLE 357. PAUPERS. ACT 2629. To provide for the i-digent sick in the counties of this state. [Stats. 1855, p. 67.] Probably repealed by tht County Government Act. See Power v. May, 123 Cal. 147, 150. Compare the act of 1901, 636, to provide fo r the maintenance and support of indigent, incompetent, and incapacitated persons. ACT 2630. Appropriation for support of aged persons in indigent circumstances. [Stats. 1883, p. 380.] Repealed 1S95, 23. This act provided for a per capita appropriation for persons main- tained In institutions. Cal. Rep. Cit. 138, 59. ACT 2631. An act to provide for the maintenance and support, in certain cases, of indigent, incompetent, and incapaci- tated persons (other than persons adjudged insane and confined within state hospitals), becoming a public charge upon the counties or cities and counties within the state of California, and for the payment thereof into a fund for the maintenance and support of such persons. [Approved March 23, 1901. Stats. 1901, p. 636.] Cal. Rep. Cit. 143, 70. The people of the state of California, represented in senate and assembly, do enact as follows": Section 1. Every county and every city and county shall relieve and support all pauper, incompetent, poor, in- digent persons and those incapacitated by age, disease, or accident, lawfully resident therein, when such persons are uot supported and relieved by their relatives or friends, Act L-631. §5 M I'MPICnS. *& or by t)nir own means, <>r ! ospitals or other state or private institutions. Sec. 2. The t< rm residence M US< 1 In this act shall be taken to moan ami shall be considered t.> mean the actual of each of sneh ; r the place whi re such such person was employed, or i was in no employment, then it shall bo considered and held to be the place irh< re such person made his or her home, or his >>r her headquarters. ".. Kv. r;. '"rm or corporation, or the officers, ts, servants, or employ* firm or poratlon, bringing into or • r i"g the bringing into ..r *h> leaving within, or aiding In tl ing into or the leaving within, of any paupt r or poor Of indigent or incapacitated or incomp rson as I inbefore mentioned, In any county or city and county In the state of < laliforni n Bneh t 1 fully Settled or Dot lawfully | n in •]■ fined. knowing him to be such pauper, pour. >>r inca- pacitated or incompetent person, -hall be guilty of a mis- iii meaner. ft. Tf any person shall become chargeable as a pauper, or poor, or indigent, oi incapacitated, or Incom- 'it person M herein designated, In any county, or city ami county, who .lid not reside thei herein speci- fied) at the commencement of - immi (iiately preceding his becoming so chargeable, but did at that time U herein specified) in - unt\. or eitv and county in th I shall be the duty of the OOUnty clerk of said first-mei.- ••ity an 1 county to send written notice by mail or oti the county clerk of tho county or city and eounty in which such person SO of such nty to n forthwith, and to pay th< ■ in takii and such county or and eounty, wherein such person resided at the comm- • • the three months immediate] ing such bl coming oh:. • t . nr in eapaeitated, or incompi tenl the county or ■ • i t x nch i" r-" 1 ' aB r< asonabh and sii.-h amount may be recovered by suit in any competent jurisdiction by such and coui 983 PAUPERS. Act 2631, §§ 5, Sec. 5. It shall be the duty of the superintendent of any county hospital or almshouse in any county or city and county in this state, or his subordinates, immediately upon receiving any person into such hospital or almshouse as a public charge, such person being poor, indigent, or incapacitated, or incompetent as herein defined, or any registrar of charities or of any charity supported by public funds or aided in part by public funds, aiding such person, to make diligent inquiry into the ability of such person or of his relatives as hereinafter mentioned to bear the actual charges and expenses of the maintenance and support of such person, and to forthwith notify the district attorney of such county or city and county, or the city and county attorney thereof, and the board of supervisors of such county or city and county, of the result of such inquiry. Sec. 6. In case such person shall be or shall thereafter become the owner of property, real, personal, or mixed, it shall be the duty of the district attorney of the county, or city and county, or the city and county attorney thereof, in which such person shall become a public charge, in whole or in part, to cause the entire or partial support as hereinafter provided to be fixed, of Such person to be made out of such property, and to that end shall procure by suit or otherwise the assignment and payment for such pur- pose of all annuities and pensions; and in case such person shall be incompetent oi a minor, within the provisions of the codes relating to the guardianship of the persons and estates of incompetent persons and minors, it shall be the duty of the district attorney of such county, or city and county, or the city and county attorney thereof, to apply to the proper court for the appointment of a gen- eral guardian of the person and estate, or either, of such person or minor. Such application and appointment shall be made in the manner as provided by the codes of this state for the application for the appointment of guardians of infants and incompetent persons, and all proceedings thereunder, except as herein expressly declared otherwise, shall be in accordance with such provisions of said codes, and the public support of such minor or such incompetent ehaii be deemed one of the grounds for which an appli- cation may be made on behalf of such person for the sale of his property, as in the' Code of Civil Procedure provided. From the proceeds of the property of said person or from such other funds as such guardian may obtain, or from such funds as the district attorney of the county, or the city and county, or the city and county attorney thereof, .1. JJ 7-10 I' \IPERS. !»$•» may ho aide to collect, there shall be paid into the county treasury "f the county, tl • *r month fixed by the board of supervisors of such county or city and county. .piarti rly in : ,1 support of :my bucJ - t pan per; aiol there shall alto I"' paW out of I is of such Bale or Bach other funds, raefa clothing ami nay bare bees tarnished to such person or paum r. If any pauper, indigent aeompetenl "r imsapaoi- tated person has kindred of tl- of baaband, wife, children (other than minors), Esther or mother, brother or r. grand-children, or grand living within this iniary ability, such kindred in the named Bhall Bapport Bocb person by paying int.. i'y, tin- sum per month fixed on by the board of supervisors, quarterly in ad- van e mahrt< • such pauper, indig r, Incompetent or incapacit shall in t ho order above named, for the clothing an.l other Bupplies, if any, furnished to Bueb person. if it shall be that the relatives liable as aforesaid are nirt of sufficient ability wholly to maintain buck i»">r person or pauper, but arc able to contribute som. thing, they a sum in proportion to thfir ability. the faili I of said kindred to rin such duty, an action shall be bronghl by the die tricl ty or the city and county; or the city an. I county attorney thereof, in the name of the county or city and county, against Baid kindred in thi .1, r abevi named. eh action shall be prosecuted as •ther actions for the recovery of money in this state. >. It" tin n be in the hinds of any guardian of any '•r in the hands of any oflio r ■ •!' said count;, upon the discharge or .hath of said person, any fund-. the sam. shall bi refunded after thi ' of all the claims of the said county <>r ci .unity tin: and "f the funeral expenses, in case of death of such on. !>. All moneys derived if accordance with thi visions of this act shall he paid into such fund of th- Bounty or city and county afl is us. d for the Support an 1 furtherance of tic ins herein r> f< rn .1 t". bee 10. This act shall taJ immediately. 985 PAWNBROKERS— PET ALUMA. d in \SSU nrvd»r th« statute of XS83 Acts 26^-^664. 5 1 l'KTAI.I MA CREEK-PHARMACY. 9W ACT 2654. Providing a system of ror. [Stats. 1S77-8, p. 436.] by Incorporating, In 1884, under Municipal Corpom- ACT 2655. To widen English Street, ami to take private lands therefor. [8ta !73.] TITLE 362. PETALUM \ I KEEK, ACT 2660. *i..M and maintenance of a drawbridge across, by the triKt- ■■ s of I'.tahima, act authorizing. [Stats. 1875-6, "'•'•1 ACT 2661. To improve the navigation of. [Stats. 1859, p. 214.] 5tt. TITLE 363. I'll \KMACY. ACT 2664. An a^t to regulate the practice of pharmacy in the state alifomia. [Approved March 1905, p. 535.] • !i 1. from and • ' • thii art it shall be unlawful for any person to manufacture, compound, soil, any drug, poison, medieine of chemical, "r t<> pound any prescription of a medical prae- b« a r. gistered pharms ■■ t pharmacisl within t li •- moaning of . r provided. Every rton . die .1- . dis nes or chemicali ii practitJon pharmacist. a r.g detant pharmacist may b* I ••• store pharmacy, laboratory or office for the sale, din j of 'Iron*, medicines or ehemietJi • litraJ practition- 987 PHARMACY. ' Act 2664, •§ J 1 ers only during the temporary absence of the registered pharmacist. Temporary absence within the meaning of this act shall be held to be only those unavoidable absences which may occur during a day's work, and when the regis- tered pharmacist in charge shall be within immediate call, ready and able to assume the direct supervision of said pharmacy. No registered assistant shall conduct a phar- macy. Every store or shop where drugs, medicines or chemi- cals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded, which has upon it or in it as a sign, the words "pharmacist," "phar- maceutical chemist," "apothecary," "druggist," "phar- macy," "drugstore," "drugs," or any of these words, or the characteristic show-bottles or globes, either colored or filled with colored liquids, shall be deemed a "pharmacy" within the meaning of this act. Sec. 2. Any person in order to be a registered pharmacist must be a licentiate in pharmacy, or a practicing pharma- cist. Sec. 3. Licentiates in pharmacy are persons who have had five years' experience in stores where the prescriptions of medical practitioners are compounded, and shall have passed an examination before the state board of pharmacy, or who shall present satisfactory evidence to the said board that they have had twenty years' actual experience in the practice of pharmacy; provided, that graduates from a repu- table college of pharmacy may be registered after eigh- teen years of like experience. Practicing pharmacists are persons, who at the passage of this act, are registered as such, and who shall have on or before the first day of Janu- ary next succeeding the passage of this act paid to the board of pharmacy of this state all moneys due for renewal of registration as required by the acts of the legislature regulating the practice of pharmacy in the state of Cali- fornia, approved March 11th, 1891, and March 15th, 1901. Sec. 4. Registered assistant pharmacists are persons who at the time of the passage of this act are already registered as such, and who shall have on or before the first day of January next succeeding the passage of this act paid to the board of pharmacy of this state all moneys due for renewal of registration as required by the acts of the legislature regulating the practice of pharmacy in the state of Califor- nia, approved March 11th, 1891, and March 15th, 1901; pro- Act K64, 55 5, < PHARMACY. 9W vided. tli at no person shall be examin< '1 or n gist< red as a licentiate, unless and) person bns h&d Bve years' pharma- ceutical • in a pharmacy under the supervision of a registered pharmacist; and provided further, thai no per- son shall lie examined or r< gist< n .1 as an assistant pharma- cist from atnl after tli' f this. aOt; unless BUCb per -hall be not less than eightet : has had not less than three rears' Instruction and experience in n pharmacy, cruder ■ registered pharmacist; or has bees n at an appr e n tice as provided in section K of this ad foT not hss than thn ■ Tears; and, provided farther, that an applicant for i a as an assistant pharmacist mist - a satisfactory examination before His board of pi armaey. Si e. ■ ivernor sh:ill appoint s. ean oomp teat i pharma 1 i n ^ in different part* of the state, to serve as i board oi pharmacy. The mstnbi rs of the hoard shall, within thirty (Sir) days after their appointment, in d vidually take and subscribe before the county clerk, in the county in which they individual); reside, an oath faith- fully and impartially to discharge the di ribad by this act. Tin y shall hold office foi the t> rm of four (4) years, and until tlnir successors ari appointed and hav< (| alifnd. In case of vacancy in tin board of pharmacy, ti.e governor shall fill the same i»y appointing a member to aexvi fox th< remainder of the t-rm only. The office of the board shall be located in S The hoard shall organize by electing a president, a at cr< tary, and urer. Tl ry may or may i,..t be a member of tin board as the board in its sound discretion shall determine. The Be ere tary and treasurer shall each give bond running to the board of pharmacy in a ajum of not than two thousand dollars, and such gn m as the brard may from time to time, require for the faithful charge of their respective duties. Sec. 6. It shall be the duty of the secretary to ' book of registration open at the cil o, in which shall DC entered under the supervision of the hoard, the nanus, titles, qualifications, and places of bul all persons coining undet the provisions of this act. The secretary shall gi\ - for all money 1 by him and pay the same to the treasurer of the hoard, taking his pt for the same. The treasurer shall .lis!' am. by order of the board for to. . an ir\ . rpansna, taking pro;., r MS PHARMACY. Act 2664, § 7 vouchers therefor. The balance of said money, after pay- ing, the expenses of the board, he shall pay to the state treasurer, who shall keep it in a special fund to be used in carrying out the provisions of this act. It shall be the duty of the secretary of the board to erase from the register the name of any registered pharmacist or assistant pharmacist who has died, or who in the opinion of the board has for- feited his right under the law to do business in this state. Besides the duties required by this act, it ehall be the duty of the secretary to perform such other reasonable duties appertaining to his office, as may be required of him' by the board of pharmacy. The secretary shall receive such com- pensation as may be fixed by the board of pharmacy, if he be a member of the board, then such compensation shall be in addition to his per diem as a member of said board. Sec. 7. Four members of the board shall constitute a quorum. They shall meet at least quarterly. Powers and duties of the board. Subdivision 1. The state board of pharmacy shall have power: (a) To make su;h by-laws and regulations, not inconsis- tent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties. (ft) To regulate the practice of pharmacy. (c) To regulate the sale of poisons. (d) To regulate the quality of all pharmaceutical prepa- rations and medicines dispensed or sold in this state, using the United States Pharmacopoeia as the standard. (e) To investigate all complaints as to the quality and strength of all pharmaceutical preparations and medicines, and to tal^e such action as may be necessary to prevent the sale of such as do not conform to the standard and tests prescribed in the latest edition of the United States Phar- macopoeia. (f) To employ inspectors of pharmacy, and to inspect dur- ing business hours all pharmacies, dispensaries, stores or places in which drugs, medicines and poisons are com- pounded, dispensed or detailed, and to cause the prosecution oi all persons whenever there appears to the board to be reasonable grounds fcr such action. ActW«4. ft 8. t Til VRNf ACT t»0 (&) To examine and register as rtfl and assistant pharmacists all applicants whom it shall deem qualified to bp such. All persons applying fur r odeT this act, shall pay the foil therefor to the secretary of the hoard of phar" ts for registration on experience and cr- inon bei tered as such, *C<\00; for examination as licentiate, wbetheT the applicant lecessfnl or • - tpplying for a licentiate's certificate Dndei '• of tlits Tf Istrstfon 1 ihtH 1"- fur- nished with a certificate of i I by the g tary, and the members of the boar. I. No member of the board shall teacb pharmacy in any of Its branches, onleas it be as a teacher in a pablic and in a eolh ge of pharmacy. Tin- m< the board of phartnaey shall each t>. paid thi (fight dollan per diem f <■<] which they • r with their at tin- rati of flvi ■ n h mile necessarily reled. A!. tion of members and all other •■< penses of the hoard, shall be paid out of the examination and registration fees and fines. ■ i pharmacist, and pharmacist, who in his r □ on the hooks of tin' board of pharmacy in tfa shall annually, ration of the first year's registration and on >r before the first day of July of each succeeding year, pay to | • tary of tin- hoard of pharmacy, a renewal to he fixed by th«- hoard, which shall not exceed two dol- lars for r i ■liar for assistant pharmacists, in r. tttra for which (ration shall 1 an] p> rson defaults in the payment of said • rgiatration ikod hy the beard of pharn la writing fma tary. unless within said time the fee is paid, ther with such penalty ten dollars, as the hoard may impose. I'pon payment <>f penalty, the board must reinstate tii. delinquent's r» u tion, d, or who may hereafter re- i pharmacist, or ai pharmacist, si- pharmaeii tant pharmacist, ii ty of this si tte in which he shall locate, or into which he shall afterward intli he shall have had Such cert lorded in the olio the county chrk oi - it is hereby made the 990a PHARMACY. Act 2664, § § 10, 11 duty of the county clerk to record such certificate in a book to be provided and kept for that purpose, and the county clerk is authorized to charge a fee of fifty cents for the recording of such certificate — to be paid by the person offer- ing such certificate for record. Every pharmacist or as- sistant pharmacist holding a certificate of registration as a pharmacist, or assistant pharmacist, and being engaged in business as a pharmacist, or assistant pharmacist, shall have such certificate recorded, as is in this section provided, within thirty days after the taking effect of this act. The record of the certificate required by this section, or a certi- fied copy thereof, shall be evidence in all courts that the person holding it, was registered as evidenced by said cer- tificate on the date of the same. Any registered pharmacist or assistant pharmacist failing to comply with the foregoing provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less Than five dollars nor more than twenty-five dollars. Upon the certifi- cate being recorded, as herein provided, it shall be the duty of the county clerk to notify the secretary of the board of pharmacy of the name of the party and the date of such record. Sec. 10. Every person upon receiving a certificate of registration under this act, or who has heretofore received a certificate of registration in this state, shall keep his last receipt for re-registration, conspicuously exposed in his place of business. Every registered pharmacist, and assistant pharmacist, shall within thirty days after the changing of his place of business as designated on the books of the board of pharmacy, notify the secretary of the board of his new place of business, and upon receipt of said notification, the secretary shall make the necessary change in his register. Sec. 11. Every proprietor or manager of a pharmacy or drug-store shall be held responsible for the quality of all drugs, chemicals and medicines sold or dispensed by him, except those sold in the original package of the manufac- turer, and except those articles or preparations known as patent or proprietary medicines. Any person who shall knowingly, willfully, or fraudulently, falsify, or adulterate or cause to be falsified or adulterated, any drug or medi- cinal substance, or any preparation authorized or recog- nized by the pharmacopoeia of the United States, or used, or intended to be used in medical practice, or shall mix, or cause to be mixed, with any such drug or medicinal sub- stance, any foreign or inert substance whatever, for the purpose of destroying or weakening its medicinal power Act 2644. | 12 I'HAKM. 3 K)b and effect, or of leeeendag ;, und shall willfully, knowingly, or fraudulently sell the - cause it t sold, for mi dieinal pu i lacanor, and upon conviction tl ■ II be punished by B line of not less tlian fifty dollars, and n.it more than hundred dollars, or by imprison sent for not lose thu fifty days and ool bmotc than two hundred days, or by both such fini and Irapriaonment. Ev< pharmacist shall file, or cause to be filed, all physicians' prescriptions, copy thereof, oompomach d or dispi n->i d in his pharmai store. Tiny shall be preserved fei at ' i :il> . •'•'" I he shall furnish a eon uaption, only under the ord. r the physician wn Bane. Any person who Bhall willfully violate any of I proyisiona shall be guilty of a mis d emeano r and upon con- viction thereo: - liabh to a tin. aol exceeding fifty doiiars;*and for eaafa subsequent shall !>.■ Liapli • not less than fifty dollars, and not more thai hundred dollars. The state hoard of pharmacy may at any win n in tin ir judgm. nt it one Bf their members, or an] otht r ID to in- gate any BUBpected violation of any of the provisions da act and if the result of bucd investigation Beeme th. board to justify such a.-tion, the board shall muse the proaecntion of any person violating any of the provisions of this a<-t. 12. Any person who shall attempt to pr.x-ur, tration for himself or any other pomOU utK.li r this act by malting or causing to be maf a misdemeanor, and upon vi.'tion thereof Bhall be liable to punishment by a fine not eding one hundred dollars, or by imprisonment for a term not • '""' : ""' ''"' prisonme] " who shall permit the compound- ing or disp. mring of pr< scriptii as or the Belling of drugs and medicines, iii his Btore or phar- macy by r ' tf 8ter< I ie direct supervision of a registered pharmacist, or any person not registered who shall retail medicines or IcaU, except in a pharmacy under the dii ■ of B registered pharmacist, or any person the provisions of this act, when no otheT penalty is pro- v i,l,.,l shall be deemed guilty of a misdemeai oonviotion thereof shall be liable to punishmrm by i fiae not leas than twenty .lobars, and not more than one hun- 330C PHARMACY. Act 2664, §§ 13, 14 dred dollars, or by imprisonment for a term not exceeding fifty days, or by both such fine and imprisonment. All fines recovered under this act, shall be paid by the magis- trate receiving the same, to the state board of pharmacy. Any person convicted of violating the provisions of this act a third time, shall in addition to the penalties herein- before mentioned have his registration as a pharmacist can- celed. Nothing in this act shall apply to or interfere with any practitioner of medicine, who is duly registered as such by the state board of medical examiners of this state, with supplying his own patients, as their physician, and by them employed as such, with such remedies as he may desire, and who does not keep a pharmacy, open shop, or drug-store, advertised or otherwise, for the retailing of medi- cines or poisons, nor does this act apply to the exclusively wholesale business of any dealer, nor do general dealers come under the provisions of this act, in and so far as it relates to the keeping for sale of proprietary medi- cines, in original packages. Nor does this act apply to registered or copyrighted proprietary medicines registered in the United States patent office, nor to the manufacture of proprietary remedies or the sale of the same in original packages, by persons other than pharmacists. Sec. 13. Any proprietor of a pharmacy, who not being a registered pharmacist, shall fail or neglect to place in charge of such pharmacy a registered pharmacist, or any such proprietor who shall by himself, or any other person, per- mit the compounding or dispensing of prescriptions, or the vending of drugs, medicines, or poisons, in his store or place of business, except by or in the presence and under the direct supervision of a registered pharmacist, or any person, not being a registered pharmacist, who shall take charge of or act as manager of such pharmacy, or store, or who, not being a registered pharmacist, retails, compounds, or dis- penses drugs, medicines, or poisons, shall be guilty of a mis- demeanor, and upon conviction thereof shall be liable to a fine of not less than twenty dollars, and not more than one- hundred dollars, or by imprisonment for a term not exceed- ing fifty days, or to both such fine and imprisonment. Sec. 14. Any member of the board of pharmacy may ex- amine applicants orally or in writing, and issue a temporary certificate to practice pharmacy, which shall authorize such practice and be valid, not to exceed three months from its date Only one temporary certificate shall ever be issued to the same applicant, and no temporary certificate shall be granted to any person whose application has been ac-te^j upoD A. t t«H §§ 15, 16 PHARMACY. WOf pharmacy Buch facts regarding his schooling and pre- liminary qualifications as tbe board of pharmacy may re- quire, for the purpose of registration as an apprentice. The board of pharmacy shall adopt a standard of quali- fications regarding schooling and preliminary education for :'ll persons d tered apprentice shall ever be left in charge of a pharmacy. 16. The board of pharmacy may in its discretion. . a permit to general dialers in rural districts, in whicn the conditions, in tin ir judgment, do not justify the era- ployment of :i registered pharmacist, and where the store iuch general dealer is not less than five miles distant from the Store of a registered pharmacist; which said per- mit shall authorize the person or tirm named therein to ^eii Mich ordinary drugs and ordinary household rentsdiea, and in such manner and form, as the lio;ird may from time fy, in said district but not elsi win re. under raeh regulations and restrictions 'is said board may from time to time adopt. The board sli:i.ll charge ajj annual fc.» 990e PHARMACY. Act 2664, §§ 17-19 of twelve dollars, in advance, for such permit, and it shall be unlawful for any dealer to sell any drugs or ordinary household remedies, without complying with the require- ments of this section. Whenever a registered pharmacist shall establish a pharmacy within five miles, by the short- est road, from the place of business of such general dealer, no further license shall be granted, and the license already issued shall become void; and the board shall re- fund to said general dealer the proper proportion of the unexpired license-fee paid to the board of pharmacy. Sec. 17. It shall be the duty of the board of pharmacy, by resolution, at least annually to request of the chief of police or marshal of every incorporated city in this state, a list of all drug-stores, .together with the names of the owners, managers, and all employees in said stores, and a brief statement of the capacity in which said persons are employed in said stores. Upon such request in writing, it shall be the duty of the chief of police or marshal of said city, to require the patrolmen under his command, upon their respective beats, to obtain such list as is in this sec- tion specified, and deliver the same to the board of phar- macy. It shall be the duty of the owner or manager of any drug store when called upon by an officer as above set forth, or by a member of the board of pharmacy, to furnish said officer or member of the board of pharmacy with the information required. Any person refusing to furnish information, or willfully furnishing information that is false and untrue, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars and not more than twenty dollars, or by imprisonment for not less than ten days, and not more than twenty days, or by both such fine and imprisonment, See. 18. The several penalties prescribed in this act may be recovered in any court having jurisdiction, by a civil action instituted by the board of pharmacy, in the name of the State of California, or by criminal prosecu- tion upon complaint being made; and it shall be the duty of the district attorney of the county wherein violations of the provisions of this act occur, to conduct all such ac- tions and prosecutions at the request of the board. Sec. 19. All persons registered under this act shall be exempt and free from jury duty. Acts 3666. 2666 PHARMACY Sec. 20. This act shall tnke effect July 1, 1905, and all laws in conflict with this act, (in and so far as they con- flict), are Inn by rep* abd. ACT 2665. An act to regulate the work and hours of employees en- gag, d in selling, at retail, drugs and medicines, and compounding physicians' prescriptions, and providing a penalty for the violation then [Approved F.hruary 88, IMS. stats. 1005, p. 28.] Section 1. As a measure for tin- protection of public health, no person employed by n, iirm or corpora- tion, shall for more than an average of ten hour 1 ; B day or sixty hours a week of six const ilendar days, per- forin tin- work of Belling drugs <*>r other medicines, or com- pounding physicians' prescriptions, ho any store, establish- ment or place of business, when and in which drugs »r tnedieineS are sol.l. at retail, .and where and in which physician! - riptions are compounded; provided, that the answering of and attending to emt IN shall not be co nstru ed as a violation of this Sec. 2. No person, firm or corporation employing another do work which consists n holly or in part of sell bag, at retail, drugs or medicines, <>r of compounding physi- cians' prescriptions, i' 1 any store, or establishment or place of business where or in which medicines are sold and where and in which physicians' prescriptions are com- pounded shall require or permit said employed person to pi rform such work for more than an av< hours a day, or sixty hours a week of six consecutive calendar days. Sec 3. Any person, firm or corporation violating any of the provisions of this act shall be deemed guilty of mis- demeanor and shall be punish, d then for by a fine not than twiity dollars nor more than fifty dollars, or by im- prisonment for DOl UBg sixty days, or by both such ii, 1( . and imprisonment) at the discretion of the court. I. All acts or parts of acts inconsistent with the provisions of this act are her. by r< pealed, ACT 2666. To regulate the practice of pharma. . chap. X. sec. I. ACT 2687. Notaries publie, additional for. [Stats. 1871-2, p. 33.] Bupermded by Political Coda, st. ACT 2688. County recorder, salary of. [Stats. 1873 1, p. 702.] ;sr?-S. 269. 903 PLACERVILLE. Acts 2689-^TO'.. Said police court shall have a clerk for each of the judges of said curt, win shall be appointed by the judge of the said court presiding in the department thereof in which the said clerk is to act, which said d. rks shall hold office tor the term of two years from the date of ap- pointment. Bach of said clerks shall give a bond in the sum of five thousand dollars, with at least two sureties, to he approved by the mayor, conditioned for the faithful discharge of the duties Of his office. Each of said clerks shall receive an animal salary of one thousand eight hun- ! dollars a year, payable in equal monthly install- ments out of the treasury of said city, which salary shall be th< full compensation for all services rendered by Mm. i; !, of th< laid d. rks shall keep a record of the proceedings of, and issue all proi Lered by, the city Justin s, or either of them, or by said police court, and roceiv< and pay into the city treasury all tines imposed by said court- They shall also render each month bo city council an exacl and detailed account und< r oath of all' tines imposed I, •""! of all fmes imposed and uncollected sin.-r their last reports. They shall pre- pare lion. Is. justify bail when the amount has b l,v either of Said justices or by said police court, in g one hundred dollars, and may administer 999 POLICE COURTS. Act 2741, §§ 7-9 and certify oaths. Said clerks shall remain at the court- rooms of said court during the business hours arid during such reasonable times thereafter as may be necessary for a proper performance of their duties. Before receiving any monthly payment of salary each of said clerks shall make and file with the city auditor an affidavit that he has deposited with the city treasurer all moneys that have come into his hands, belonging to the city. Any violation of this provision shall be a misdemeanor. [Amendment approved March 20, 1903. Stats. 1903, p. 335. In effect im- mediately.] Sec. 7. Said police court shall have a prosecuting at- torney and two assistant prosecuting attorneys, all of whom shall be appointed by the city attorney of the sail city, and who shall hold office for the term of two years from the date of their appointment. Said prosecuting at- torney shall receive an annual salary of twenty-one hundred dollars, which shall be paid in equal monthly installments out of the treasury of said city, which salary shall be in full compensation for all services rendered by him. One of said assistant prosecuting attorneys shall receive an an- nual salary of eighteen hundred dollars, and one of said assistant prosecuting attorneys shall receive an annual sal- ary of fifteen hundred dollars, which shall be paid m equal monthly installments out of the treasury of said city, which salary shall be in full compensation for all services rendered them. It shall be the duty of said prosecuting attorney and said assistant prosecuting attorneys to attend the sessions of said police court and conduct ou behalf of the people all prosecutions for public offenses of which said court has jurisdiction. [Amendment approved March 3, 1905. Stats. 1905, p. 41.] Sec. 8. All fines and other moneys collected on behalf of the city in the police court shall be paid into the city treasury on the first Tuesday of each month. Sec. 9. The city council shall furnish suitable rooms for the holding of said police court and shall also furnish the necessary dockets, blanks, stationery, and supplies for the carrying on of the business of said courts. One docket shall be styled "The City Criminal Docket," in which all the criminal business of said court shall be recorded, and each case shall be alphabetically indexed. Another docket shall be styled "The City Civil Docket," and it shall ■•ontain each and every civil case in which the city is a Act 2742 POLICE COURTS. MSJ party, or which is proa cut< d or d< fi ruled for her interest; and each case shall be properly indexed. Sec. 10. The poliee eeurt shall be always open, ex- cept upon non-judicial days, and then for such purposes only as by law permitted or required of other courts of this state. Sec 11. Appeals may be taken from any judgment of said police court to the superior court of the county in which such city may be located, in the same manner in which appeals are taken from the justices' courts in like Bee. 12. In all cases of imprisonment of persons con- victed in laid police court of any ofTense commit Wd in the city, the person so to be imprisoned, or by ordinance re- quired to labor, shall be imprisoned in the city jail, or, if required to labor, shall labor in the city. ].".. Said courts shall have a seal, to be furnished by the city. Bee. 11. The city justins shall on the first Tuesday of each month make to the city council a full and complete r1 of all tie '\il and crfminal, in which the city has an interest, or which are required to be entered in the city civil docket or the city criminal docket, such re- port to be made upon blanks furnished by the city coun- cil and in such form as they may require. 1".. Certified transcripts of the dockets or files of said court, certified by tin clerk of said court under the seal of said court, shall be evidence in any court of this state of the contents of Bald docket or of said files, as the case may be; and all warrants and other process is- i out of said court and all acts doDe by said court and certified under its seal, shall have the same force and va- lidity in any part of this state as though issued or done by any court of record of this state. 8< C 16. This act shall take effect and be in force from and after its passage. ACT 2742. An act to establish police courts in cities of the secord class, to fix their jurisdiction, and provide for officers of said courts, and fix the compensation of certain officers thereof. [Approved March 23, 1901. Stats. 1901, p. 576.] Amended 1905. 634 1001 TOLICE COURTS. Act 2M2, j§ l-« The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The judicial power of every city of the second class shall be vested in a police court to be held therein by the city justices of such city, or one of them. Either one of said justices may hold such court, and there may be as many sessions of said court at the same time as there are city justices in such city, and it is hereby made the duty of said city justices, in addition to the duties now re- quired of them by law, to hold said police court, as judges thereof. Sec. 2. Said police court shall have exclusive jurisdic- tion of all misdemeanors punishable by fine or by impris- onment, or by both such fine and imprisonment, committed in the city where such police court is held; and in all such cases, to try and determine the same, convict or acquit, pass and enter judgment and carry such judgment into execution as the case may require, according to law. Sec. 3. The said court shall also have exclusive juris- diction of all proceedings for violation of any ordinance of said city, both civil and criminal, and of all actions for the collection of any licenses required by the ordinances of said city. Sec. 4. Neither of said justices shall sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree; and in case of the sickness or inability of said justices, or either of them, either of said justices may call in any justice of the peace of the county to act in his place or stead. Sec. 5. Each of the city justices, while acting as judge of said police court, shall have jurisdiction to issue war- rants of arrest, search warrants, subpoenas, and all other processes necessary to the full and proper exercise of the powers and jurisdiction of said court; to punish persons guilty of contempt of said court; to try all charges of mis- demeanor offenses committed within its jurisdiction, as well as all charges for violation of city ordinances, and render judgment therein, with full power to carry such judgment into execution. Sec. 6. Said police court shall have a clerk for each of the judges of said court, who shall be appointed by the judge of the said court presiding in the department thereof in which the said clerk is to act, which said clerks shall 5§ '• 8 POLICE C" hold office for the ti rm of two years from the fate ot ap- pointment. Each of said el< r ks shall give B bond in the r ti in of fiv>' thousand dollars, with at -. to approved by the mayor of Baid city, i ditioned for the faithful discharge of the duties of bit Each of said i-l< rks shall r» i lary of ad eighl hundred dollars a year, payable in equal monthly install- ment - f said city, which salary shall be tin full compensation for all services rendered by him. Eacl - ii'l clerks shall keep a record of the proceed of, anil issui' all processes ordered by, the city .jus- ,,r either of thorn, or by sai.l police court, and re- ■ ! pay into the ci- i bj render • th to the eity council an exacl and detailed account under oath of all an I of all tint s imposed an.' dlected sin.'.- their ihalJ pr< bono 1 bail when tin amount ithex of said justices or by said poli irt, lee no 1 ing on. hundred dollars, and may administer and cer- tify - II remain at t he eourt-roon - said court during the busil ra and .luring surh for a pi performance of their duties iving any monthly payment of salary each of said .hrks shall make an.l tile with auditor an affidavit that he his with tin city treasurer all moneys that have come into his han.ls. b( ty. Any violation of this pro- \ isioii shall be a misdemeanor. i shall hnve one prosecuting at- torn- v each who - ! ,n b appointed by the district attorney • unty in which thi ted, and who shall hold office for the tern in from the date of their ititm. nt. Sai.l pn ittornei shall receive an annu thousand (2,000) dollars and said as annual salary of one thou- I five hundred whieh shall be paid in equal monthly installments out of tin treasury of Baid city, whii II be in full c on for aJ rendered by them. It shall be the duty of sai.l prosecuting attorney and a uting attorney to i court and conduct I tin ;,. ;,il pro - f which said court u. (Am'.l 1W5, GIT.) All fines and other mone; ted on behalf of th. city In th< shall 1" paid into the S ry on th. first T; each month. 1003 POLICE COURTS. Act 2742, § § 9-15 Sec. 9. The city council shall furnish suitable rooms for the holding of said police court and shall also furnish the necessary dockets, blanks, stationery, and supplies for the carrying on of the business of said courts. One docket shall be styled "The City Criminal Docket," in which all the criminal business of said court shall be recorded, and each case shall be alphabetically indexed. Another docket shall be styled "The City Civil Docket," and it shall contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest; and each case shall be properly indexed. Sec. 10. The police court shall be always open, except upon non-judicial days, and then for such purposes only as by law permitted or required of other courts of this state. Sec. 11. Appeals may be taken from any judgment of said police court to the superior court of the county in which 'such city may be located, in the same manner in which appeals are taken from the justices' courts in like cases. Sec. 12. In all cases of imprisonment of persons con- victed in said police court of any offense committed in the city, the person so to be imprisoned, or by ordinance re- quired to labor, shall be imprisoned in the city jail, or, it required to labor, shall labor in the city. Sec. 13. Said courts shall have a seal, to be furnished by the city. Sec. 14. The city justices shall on the first Tuesday of each month make to the city council a full and complete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be entered in the city civil docket or the city criminal docket, such report to be made upon blanks furnished by the city council and in such form as they may require. Sec. 15. Certified transcripts of the dockets or files of said court, certified by the clerk of said court under the seal of said court, shall be evidence in any court of this state of the contents of said docket or of said files, as the case may be; and all warrants and other process issued out of said court and all acts done by said court and cer- tified under its seal, shall have the same force and validity in any part of this state as though issued or done by an. court of record of this state. AcU 2743. nU. | 1 POT'Ll I(Y 1< in force from and .-if t . r the thirtieth day of March, A. U. aim -teen hun- iln-.l :uicl one. ACT 2743. An act to provide for prosecuting attorneys of police courts in cities ol I class, an.l regulating the com pcnsatinn of such officers. [A;. | roi 83, l'.'ul. Bta p. m\.\ The people ol difoi - 1 1 : 1 1 . • ami ISO) inbly, do • tion 1. The police court in all citits of the MCOnd ■hall ha\ . a J r by the «listn O which s.ii.l city ill bold office t'<>r thi period of tour - ironi the ante of his appointment. 11. shall n an- nual salary of two thousand (2,000) dollars, payabli monthly installUM nLa, out ol vhich J] in in tull compensation tor all rendered by him. It shall be the a t.i attend the iroeioni of said court. Inet on behalf of the people all proeeeatioaa for public offenaee of which SOart has jurisdiction. B( ,■. l'. All other acts or parts of acts in conflict \\ it! ■ d. .-. 3. This act shall be in full from and after its passage. TITLE 373. POULTRY. ACT 2748. \n aet to establish a poultry experiment station in the noma, and making an appropriation then for. [Approved March 18, ;. H3.J The people oi thi state of California, repi and eeeembly, do i naet as 1. There is hereb Sonoma, at or mar Ho city of Pete i < n •ion, to be known as the "California . rimenl Station. ' ' 1005 POULTRY. Act 2748, § § 2-7 Sec. 2. The purposes of said station shall be the study of the disease of poultry to ascertain the causes of such diseases, and to recommend treatment for the prevention and cure of the same; to ascertain the relative value of poultry foods for the production of flesh, fat, eggs, and feathers; to recommend methods of sanitation, and to con- duct investigations for the purpose of securing results conducive to the promotion of the poultry interests of the state. This act shall be liberally constructed to the end that the station hereby established may at all times con- tribute to the technical and general knowledge of the pub- lic upon the subject of poultry husbandry. Sec. 3. The said station shall be under the supervision of the director of the agricultural experiment stations of the state of Calif orn in, who shall, from time to time, cause to be issued bulletins of information regarding the care of poultry. Sec. 4. Within thirty days after the passage of this act the .governor shall appoint three persons, two of whom shall be from the staff or professors in the agricultural depart- ment of the University of California, and one a practical poultry raiser, which said persons shall constitute a board or commission to select and secure a site of not less than five acres for such poultry experiment station. Such board shall have full power to secure such site, by lease, purchase, or donation thereof, and shall proceed to the performance of the duties herein imposed within thirty days after receiving notice of their appointment. Sec. 5. All moneys appropriated for the use of the sta- tion hereby established shall be under the control of the regents of the University of California. Sec. 6. The sum of five thousand dollars is hereby ap- propriated out of any money in the state treasury, not otherwise appropriated, for securing the necessary site, and for equipping and maintaining said California poultry experiment station as provided by this act. Of the amount herein appropriated, the sum of two thousand five hun- dred dollars shall be available during the riscal year nine- teen hundred three and nineteen hundred four, and two thousand five hundred dollars shall be available during the fiscal year nineteen hundred four and nineteen hundred five. Sec. 7. The state controller is hereby authorized to draw his warrants for the sum herein appropriated in favor Acts 2753-2756 ■ •!. OF INDUSTRY. of lli' t- ;. nts of the I'nivi rsity of Cali- i. mid the state I ii hereby directed to pay Sec. 8. This act shall take effect immediately. TITLE 374. PBESTON s« HOOL OF ENDUSTBY. ACT 2753. T.> establish Uu l'r. I of industry, and to pro- \ id, .. nt inn! maintenance of the m [81 L] Am 38. In full In AppandlS to Penal Code. p. 6S7. I '^U. 138, 493; 138, 494; 139. 4«. ACT 2754. To provide for the purchase of additional land for. [St.-its. ■ p. >--•] In full In Pcn.il Code. Appendix, p. 668. ACT 2755. •p,, ins from coming upon tlo Wliittior - '1 Of the l'r. ■oho* - ■"■. !•. '.»-.] In full In Penal Code. Apj»'ndlx. p. 6S8. Act 4409. ACT 2756. immitments to th< ' 1 at Whit the l'r •! industry; Using tlo authority t,> examine and sommil I book w j ; , ,i,.r courl judges of tlo- counties and ti\ • mu . ,in which commitment* aa ! t h. |., | mitt. a therefrom; providing tlo manner "i payment tin reof and fixing tlo of the from which their children are comsi p. '---J In full In Appendix to PenaJ Coda, p. 6S6. 100T PRISONS. Acts 2760-27W TITLE 375. PRISONS. ACT 2760. To provide lor a branch state prison at Folsom. [Stats. 1873-4, p. 785.] This act appears in full in Penal Code, Appendix, p. 705. ACT 2761. For the government of the state prison convicts and to provide for the location of a branch prison. [Stats. 1858, p. 295.] ACT 2762. Regulating and governing state prison. [Stats. 1875-6, p. 832.] Repealed by the constitution of 1879, 18S0, 67, chap. LXXI: 188a. 404. ACT 2763. To regulate and govern the state prisons. [Stats. 1889, p. 404.] Amended 1905, 520. The amendment of 1905 incorporates § 1593, Penal Cade. See note to § 1573, Penal Code Supp. This act appears in full in Penal Code, 1903, Appendix, p. 691. Cal. Rep. Cit. 145, 186; 145, 187; 145, 188; 145, 189. ACT 2764. Concerning conveyances. [Stats. 1862, p. 496.] This act provided for the acknowledgments of deeds and Instru- ments by prisoners. Compare sec. 675, Penal Code. ACT 2765. To provide for the erection and operation of rock-crushing plants at the state prisons, for the preparation of high- way material for the benefit of the people of the state and providing for the necessary advances and appro- priation of money to carry out said work. [Stats. 1895, p. 274.] This act appears in full in Penal Code, Appendix, p. 710. ACT 2766. Authorizing the state board of prison directors to pur- chase California-grown lump to be used in the manu- facture of grain bags, and to fix the price at which such bags shall be sold. [Stats. 1901, p. 515.] This act appears in full in Penal Code, Appendix, p. 716. Acts 2767-LT74 PRISONS M& ACT 2767. Providing for furnishing to sheriffs ami chiefs of police of certain information, descriptions and photographs of convicts : 1 1 . . • u t to be discharged from state prison. [Stats. 1S97, p. 213.] ACT 2768. Providing for thfl confinement of prisoners of the United 1 [Stats. 1850, p. £9.] Supplemented ! • i < - ; - ■■■'.- 1 l.v ivnal Code, sec. 1581. ACT 2769. 'I'o provide for the erection a' prison of a bnilding for the accommodation of the insane pris- ts ar.| making an appropriation therefor. [81 p. 519.] ACT 2770. To provide f'T the erection at San Qncntin of a buii to accommodate insane prisoners. [8 .». p. 419. J . 1893. 148. ACT 277,1. To provide for the construction of a sewer- n at the state prison at Folsom. [S 29.] ACT 2772. To regulate and govern the operation of the rock-crushing plant at the Folsom b( for tin- sale of crushed ro - and the disposition of the revenu- s derived therefrom. [Stats, 1897, p. 99.] This act appears 'n fu " ln P'-nal Code. Appendix, p. 713. ACT 2773. Directing the state prison directors of the state of Call fornia to employ at 1 i -.to r* in tlo Btrnetion of roads to the b1 - and at Folsom. ^Approved March lL'. 190ft. 1903, p. 127.] This act can be found ln the Appendix to the Penal Code, p. |U ACT 2774. Directing the state prison directors to employ at |< twenty prisoners in the constrncti to the state prison at Ban Qu< ntin. = 393, p. Ml.] Probably superseded by the act of I Ml -":. 1009 PRISONS. Act 2775, § § 1. 2 ACT 2775. An act creating the office of matron of the jail or prison in and for cities and towns of the first, first and one- half, second, and third classes, wherein official matrons or their duties arc not now provided for by law, de- fining the duties and powers and fixing tne term of of- fice and compensation of, and providing for the ap- pointment of, and the giving of official bond by, such matron. [Approved March 23, 1901. Stats. 1901, 573.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Public welfare and present necessity in the several cities and towns in this state of the first, first and one half, second, and third classes, requiring that in such cities and towns there should be an official matron of the city or town jail or prison therein, the office of matron of the city or town jail or prison is hereby created in and for those several cities and towns in this state of the first, first and one half, second, and third classes, and concerning which there is now no provision of law for the office of, or pre- scribing the duties of, matron of the jail or prison of such city or town: and the duties and powers of such matron in such cases shall be as follows : She shall have free access at all reasonable times to the immediate presence of all female prisoners in the jail or prison of which she is the official ma- tron, including the right of personal visitation and conversa- tion with them; and, in all cases of searching the person of female prisoners therein, such matron exclusively shall make such search; and the matron shall, by example, advice and admonition employ her best abilities at all times to secure and promote the health, welfare and reformation of all such prisoners. The term of office of such matron shall be two years from her appointment and qualification and until her sueeessor is appointed and qualified. Sec. 2. The legislative board or body of each such city or town, referred to in section one of this act, is hereby au- thorized and empowered to appoint, and to provide for the payment of the compensation of, a matron of the jail or prison in and for the city or town of which such board or body is the governing board or body, and to specify the con- ditions and fix the amount of the matron's official bond, to be approved by such board or body. Gen. Laws — 64 Bee. ?>. The con i atrons, heTet>y regn- in proportion to the duties to 1"- discharged, shall be In ;iih| eg of the first r month; in ami for , ■ ■>r trol of the jail <>r prison pf any Bucfa city i ed to in shall le the matron, duly appointed and qualified hereunder, times tn the immi of all female prisoners therein, inelud ghl of visita- tion and ion a 'tli them, <>r i- prison al- low the searching of thi i female pris* to be mi ■ ■ of sueh jail or pi ■ >r obstruel the perforn matron of her official duties in suidi jail <>r prisoi duties m*y be specified r tin' authority i »v. All acts and parts of acts inconsistent with this i .-.• hereby rei>< aled. This act shall take effect immediately. ACT 2776. An act to establish a state hospital for the care, CUStod] • nee of ii ertain other i i _' d \\ ith tin- co mm Folsom, California, and to provide for tin govt rnm< nt and management tin r> ot. and to direct the expenditure of money heretofore appi tied "An act to provide for | -on of a building for the accommodation of it. and making an appropriation therefor," approved W L'''>. 1903, and declaring that the satm' ma : and led for the purposes of this act, and making an additional appropriation vt fifteen thousand dollan certain iniprovom. nrs. [Approved March p. I"-*!'.] ACT 2777. An act making an appropriation for the and ooa* .struct ion ot' additional cells at the State prison i the erection of a wall I .. the put 1011 PRIZE-FIGHTING— PROCESS. Acts 2778-2791 of necessary cemont, derricks and tools and other ex- penses incidental and relating to the purposes in this act mentioned. [Approved March 18, 1905. Stats. 1905, p. 178.J ACT 2778. An act making an appropriation for the erection and construc- tion of additional cells at the state prison at San Quen- tin, for the purchase of powder, tools and appliances for excavating, the erection of machine shops, the installa- tion of a new pipe line, the construction of irorj tanks, the erection and extension of a wall around said prison, the purchase of electrical apparatus, and providing ad- ditional accommodations for prisoners at the state pris- on at San Quentin and for other expenses incidental and relating thereto. [Approved March 18, 1905. Stata. 1905, p. 203.] TITLE 376. PRIZE-FIGHTING. ACT 2780. To prohibit prize-fighting. [Stats. 1893, p. 101.] Superseded by Penal Code, sec. 412, as amended 1899, 153. TITLE 377. PEOBATE COURTS. ACT 2785. In relation to probate sales. [Stats. 1865-6, p. 824.] This act ratified void sales of real estate. It was declared uncon- stitutional in Pryor v. Downey, 50 Cal. 3S8. TITLE 378. PROCESS. ACT 2790. Execution of final process in new counties. [Stats. 1873-4, p. 365.] This act appears in full In Code of Civil Procedure, Appendix, p. 780. ACT 2791. To declare valid writs, processes, and certificates issued by the superior courts and the clerks thereof, before the courts Acta 2796-2SH PB WON I'ISTRICTS. 1011 had been legallv provided with seals. [Stats. 1880, p. 19.] This act appears In full In Code of Civil Procedure, Appendix, p. T8L TITLE 379. PROSTITUTION. ACT 2796. To prevent the placing, keeping, or leaving of married women in houses of p ro stit uti on. [Stats. 1^01. p. 885.] Aod by amendment of Penal Code. 1906. See note to { 26«B. Penal I This act app>ar« In full In the Penal Code, Appendix, p. 164. Pal. Rep. Clt. 1 ACT 2797. To prevent compulsory prostitution of women, and the Im- portation of Chinese or Japanese women for immoral pur- post B and to provide penalties therefor. [Stats. 1 S93, p. 817.] Codified by amendments of Penal Code. 1905. See note to 8 2W*. Penal Code. This act appears In full In the Penal Code, Appendix, p. SU. TITLE 380. PROTECTION DISTRICTS. ACT 2802. To protect lands not recognized as swamp landB, from over- flow. [Stats. 1880, p. 55.] Amended 1889. "Unconstitutional 'n some respects. (Huteon v. Protection res- trict. P bably superseded by 1895, 247. " — Co-.le Commission- ers' Note. This act provided for the formation of protection districts. ACT 2803. Providing for the dissolution and annulment of swamp and overflowed land reclamation and protection districts for non-user of corporate powers. [Stats. 1S99, p. 13.] ACT 2804. An act to provide for the formation of protection ilistriets in the various counties of this staff, for the improvement and rectification of the channels of innavigable streams 1013 PROTECTION DISTRICTS. Act 2804, §§ 1-3 and water-courses, for the prevention of the overflow thereof, by widening, deepening, and straightening and otherwise improving the same, and to authorize the boards of supervisors to levy and collect assessments from the property benefited to pay the expenses of the same. [Approved March 27, 1895. Stats. 1895, p. 247.] Amended 1897, 219; 1903, 328. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the board of supervisors of any county in this state may deem it proper to improve and rectify the channel of any innavigable stream or water- course within the county, and to prevent the overflow of such stream by widening, deepening, or straightening its course, or by erecting levees or dikes upon its banks, the board may, upon a petition of ten property holders of the district to be affected by such improvements, pass a reso- lution signifying its intention to improve such innavigable stream or watercourse, describing the exterior boundaries of the district of lands to be affected or benefited by such work or improvement, and to be assessed to pay the dam- ages, cost, and expenses thereof, the character of work or improvement contemplated, and the place where the pro- posed work or improvement is to be done. Such resolution shall also contain a notice, to be published, which notice shall be headed "Notice of intention of the board of super- visors to form a protection district," and shall state the fact of the passage of such resolution, with the date there- of, and briefly, the work or improvement proposed, and the statement that it is proposed to assess all property affected or benefited by such improvement for the expenses there- of, and refer to the resolution for further particulars. Such notice to be given by the board of supervisors, and signed by its clerk. Sec. 2. Such notice shall be published for a period of thirty days, in one daily newspaper published and cir- culated in such county, and designated by said board of supervisors; or if there is no daily newspaper so published and circulated in said county, then by four successive in- sertions in a weekly or semi-weekly newspaper so published, circulated, and designated. Sec. 3. Any person interested, objecting to such work or improvement, or to the extent of the district of lands to be affected or benefited by such work or improvement, Act 2SM, §§ 4. 5 PROTECTION DISTRICTS. toll and to 1. I to pay the costs and expenses thereof, may make written objections to the sann 1 within tin days after the expiration of the time of the publication of said notice, which objection shall be delivered to the clerk of said board of BU] who shall indorse thereon the • late of ; - v hiii). ami at the next regular meet- ing of such t>< i.i r«l of supervisors, or at an adjourned meel ing, or a sp, rial meeting called for that purpose, after the v In effect immediately.] Sec. 6. Saving acquired juris rovided in sec- tion four hereof, tin board of supervisors shall cause a sur- vey of said contemplatid Improvement t.i be made, or adopt a survey already made; and a map of the survey must be adopted by such board, and thereafter such survey and map shall be the plans to 1>. followed in making such impr ments; provided., that at any time after the adoption of such ind map. and before an] -port of thi assessment of 1>> si tits ami award of damages has been finally adopted and confirmed by the board <>f super- visors a- provided for by section sixteen of this »ct, said board of supervisors may res. -ind their action in adopting such survey and map. and may adopt others in id ice thereof, or, by the affirmative \"t. of not less than four-fifths of all its members, said board may abandon its contemplated improvement and disorganize and abolish such protection district, in which case the preliminary expenses already in- curred for advertising and surveying shall be a county charge. [Amendment approved March 27, 1 ^;»7. Stats. 1897, p. 210. In eft eel Immediately.] Sec. 7. After adopting such survey, the board of super visors shall appoint three COmmis kmera to assess benefits and damages, to estimate the total cost of making the proposed improvements and performing such propose 1 work, which estimate shall include all ■ kind incurred or to be Incurred, either directly, or imli- r Otly, in carrying out the said work and impr Before entering upon the discharge of t b- ir duties as such oommisaioners, aall each take ami subscribe to an oath to perform tie duties of such commission to the best of their abilities, and shall each He, with the clerk of the board of supervisors, a bond to the stat, ,,t California, in the sum of three thousand dollars, to faithfully perform the duties of his offli S Commissioner which said 1017 PROTECTION DISTRICTS. Act 2804, §§ 8-10 bond must be approved by the chairman of the board of supervisors. The board of supervisors may, at any time, remove any or all of said commissioners for cause, upon reasonable notice and hearing, and may fill any vacancies occurring among them from any cause. Sec. 8. The commissioners shall have all powers neces- sary and proper to carry out the provisions of this act, and the act of a majority shall be the act of the board. See. 9. All such charges and expenses shall be deemed as expenses of said work or improvement, and be a charge only upon the funds devoted to the particular work or im- provement as provided hereafter. All claims, as well for the land and improvements taken or damaged as for the charges and expenses, shall be paid as are other claims against the county and upon order of the board of super- visors, and the claims shall be itemized in the same man- ner as are other claims against the county. Sec. 10. Said commissioners shall proceed to view the lands embraced within the boundaries of such protection district, and may examine witnesses under oath, to be ad- ministered by any one of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all dili- gence to determine the value of the land and damage to improvements and property affected and also the estimate amount of the costs of the proposed work or improvement and the expenses incident thereto, and having determined the same, shall proceed to assess the same to the county or counties and upon the lands embraced within the ex- terior bouiidaries of such protection district. Such assess- ment shall be made in the manner following, to wit: The board of supervisors shall assess to the county or counties 1,1.0-c more than one as [is] an interested and benefited party or parties not exceeding one-half of such assessment; provided, that in no case shall a county be liable for an amount in excess of one-fourth thereof or for any sum greater than twenty-five hundred dollars where there are two or more counties within which said district is formed, and the remainder of such assessment may be made upon the lands within said district in proportion to the benefits to be derived from said work or improvement, so far as said commission can reasonably estimate the same, in- cluding in such estimate the property of any raidroad com- pany, within said district, if such there be. [Amendment Act 2804. 5? I approved Mar.h BO, 1908. State. L903, p> l$9. In «■:'. imrnr ilijiti lv. ] lid eommit tarring mads their mm mint ol benefits and dan II, with all diligence, make a written report thereof tn th ami shall accompany their r« ]><>rt with . riet, ■bowing the land taken oj Mm- wort improvemi at ; ami the lai i I be n la tive location "t each district, block, l<>t. or portion <>f lot or "fin r land, and in dlm< - can reasonably the -am.. I block and Int. «>r portion of i"t, or other pared or pai Hi" land itcd and d< i>l plat by an appropriate number, and . • by such descriptive number shall i • ion of it in all i ■ port and plat arc approved by tin board of supen hi plat (appropriately rl ifled brj the plat mi ii!' in his by t he clerk in t . tin tin tin' names of iwning lands taken, or tn l"- tak ich work or improvement; tin- nam.- of 'in 1 land owners who dent tn give the ri^'h; ,r written thereto; the name* of Ian. I ..wn.rs who >1" lent, an. I tlir am. mnt .it" damage .lain.. . i by each, and the amount "t da g rarded t.. each by I tiers. : report shall acta Int. - or | property takes at injured by the widening, deepening, <>r straight enint: ream, ther Improvement made ..r wnrk done, at therefor, together with tin- nam< of the owner or elaira thrr. ,,t" ,.r .■) ■; th. rein -. im-uni l>ran.-< r-. 01 Ot h< I WH l.m.wn t.. thi ...in' ■ -. :tnf tho ,iur, 1019 PROTECTION DISTRICTS. Act 2804, §§ 14, 15 owners of any land or improvement, or of the particulars of the^r interests, shall not affect the validity of the assess- ment, or of any condemnation of the property to be taken. Sec. 14. The commissioners shall receive for their services such compensation as the board of supervisors may determine from time to time; provided, that the com- pensation shall not exceed the sum of one hundred dollars per month each, nor continue for more than six months, unless the board of supervisors shall, by orde*. extend such time. The compensation of the commissioners shall be considered as an expense of the work or improvement, and shall be chargeable and payable as are other expenses thereof. Sec. 15. The report of such commissioners, and the plat accompanying it, shall be filed with the clerk of the board of supervisors, and thereupon the said clerk shall give notice of such filing by publication for at least ten days, in one daily newspaper, published and circulated in said county; or if there be no daily paper, by three suc- cessive insertions in a weekly or semi-weekly newspaper so published and circulated. Said notice shall require all persons interested to show cause, if any they have, why such report should not be adopted and confirmed by the board of supervisors on or before a day fixed by the clerk thereof, and stated in said notice; which day shall not bo less than thirty days from the last publication thereof. Such notice shall be substantially in the following form: Notice of the filing of the report of the board of com- missioners of protection district. Notice is hereby given that the board of commissioners of protection district did, on the day of - ■189— file its report of the assessment of benefits and award of damages in said protection district with the clerk of the board of supervisors of county, which said report is now on file in the office of said board, in the county courthouse, in the city of , in said county. Said report is hereby made a part hereof, and is hereby referred to for further particulars. All persons interested are hereby required to show cause, if any they have, why such report should not be adopted and confirmed by such board of supervisors. All objections to such adoption of such report shall be in writing and signed by the person objecting, giving Act 2804, §§ 16. IT PROTECTION DISTRICTS lOltJ postoffiee address, and fii. .1 with the clerk of said board hi sup. rvi lOTS mi nr b( fore the day of , 189 — . CI rk ut' tin board nf sup. rvisors of county. Sec. 16. .'.11 all bo in writing and filed with the clerk <>f the board of supervisors, who shall, at the next mi .ting of the board (whether an adjourned ting, a regular monthly meeting, or a special meeting called for that purpose I after the day fixid in the notice tu show eaose, lay the said objections, if any have been Sled, before the said board, which shall, by order, fix ■ time for hearing the same, ami direct the clerk to notify th< - in the manner prescribed in section three h ireof. At the time fixed for hearing, or at such other ti nn- as the hearing may bo adjourned to, the board of supervisors shall hear such objection! and pass upon the same; and at such time, nr it there be no objections, at the f.rst meeting after the day set in such order to show eanee, or such other time as may be fix* <1. shall proceed to pass upon such report, and may confirm, correct, or modify • .nli r the Commissioner to make a aew assessment, report, and plat, which shall be filed, notice given, and hearing bad as in the case of an original rt. When sneh report has been adopted and con- firm! d, till said board may. by order entered upon its minutes, discharge sneh commissioners, and their author- ity shall thereupon <■• i i said p port has been adopted as provided in the preceding Bection, the board of supervisors, if they consider the sum to be raised for the payment of the ezpenaee of such work or improvement too great to be properly expended in one year, or too great to be rai in one year by assessments against the property of such protection district, may. by order entered upon its min- utes, provide that any part of such expenses shall be raised or expended in one year, and that such assessments shall coritinu* for a number of yean sufficient to raiae by lament, and expend, the total sum required by such report for tin work or improvement When the board has determined the sum to l>e assessed for each year, and the number of years that such assessment shall continue, they shall cause the clerk of the board of supervisors to for ward to tin tax collector of the county In which such dis trict, is situate. i. a certified copy of the report inent, and plat a.s adopted and confirmed by the said board 1021 PROTECTION DISTRICTS. Act 2804, § § 18, 19 of supervisors, together with a certified copy of the order of said board, fixing the sum to be raised by such assess- ment each year and the number of years such assessment shall continue, and from and after the filing of such certi- fied copy the charges assessed upon each piece of land or improvement thereon for the first year shall become due and payable immediately and shall constitute a lien there on; and thereafter the assessments for the succeeding years shall become due and payable on the first day of October of each year, and shall, upon becoming due and payable, constitute a lien upon the land or improvements upon which it is assessed. Before such sums become de- linquent, the board of supervisors shall direct the county treasurer to transfer from the money then in the general fund of such county to the fund raised by such assess- ment, a sum of money to be named in the order, great enough to pay the assessment made against the county for that year for such work and improvements. Sec. 18. All moneys paid upon such assessments, either by property owners or by the county, and moneys received from any source for the benefit of such protection district, shall be, by the county treasurer, placed in a fund to be called the protection district fund; and all pay- ments of any of the expenses of the work or improvements or other expenses of such district shall be made upon warrants drawn by the county auditor upon such fund, and paid by such treasurer. Sec. 19. Upon the filing of such certified copy of such report, assessment plat, and order with the tax collector of the county, as prescribed in section eighteen hereof, the county tax collector shall give notice, by ten days' pub- lication in a newspaper printed in the county, that the assessment list of protection district has been filed in his office, with the date of such filing; that the amounts entered thereon are due and payable; that if not paid on or before the first Monday in January next ensuing, the same will become delinquent and will be collected as are delinquent taxes. He shall note on said assessment list all assessments paid, giving- receipts as in the payment of taxes, and shall pay all money collected into the county treasury at the same time and in the same manner as money collected for taxes is paid into said treasury. All subsequent collections of assessments shall be made in the same manner above set forth, and the tax collector shall annually (after the first year), immediately after the first day of October, publish a notice containing all the Act 2S04. t i 20-22 PROTECTION DISTRICTS 1022 statements required to be made as hereinbefore in this proceedings shall he had as apoB the collection of the first mb< Ben Sec. SO. When said assessments have 1 "me delin- quent the tax collector of sueh c unity ahall proceed to collect such delinquent as be, with Bve per cent added thereon, and pay tl Including th>' five per ci nt s.i collected, over to tl . in the same manner and eounty t- collected and paid over; and for the purposi of collecting sucl aenta and delinquent aaaeasmenta all of the provii bsp- t. r seven, title nine, pari three, of the Political Code not in conflict with any of the provisions of thi< act are I by mad-' applicable to the collection of asaessmt nts and de- linquent ai ' - in such profc ct i tin report adopted by the board of supervisors, a> provided in section ntieii hereof, the clerk of the board shall notify the owner, i' »r occupant 'and or lmpro\ i nu nt • whom damaj been i did, that such award has been made, and the amount thereof, and that upon sue! Isim and ten- der 'y to l" slain will be allowed and such damages paid. Such i ; in given by depositing snch notice in the ant v, postagl i>r« paid, ad to such owner, .pant, if his name be known. In case the property is u cupied, and the iiaiin of the • prop* rtj n f° T the reaeons given in Bection fourteen bereol s l, : ,ll \„ | to the Bheriff or to a . who shall ierve the Bame by i place upon the prop, rty named in said I ;023 PROTECTION DISTRICTS. Act 2804, §§ 23-20 a certificate of service upon the original notice, and file the same with the clerk of the board of supervisors. Sec. 23. Whenever the clerk of the board of super- visors or other officer is, by this act, empowered to serve any notice by mailing, a certificate of such mailing, in conformity to the provisions of this act and filed with the records of such supervisors, shall be sufficient proof of such service. Sec. 24. If any award of damages is not accepted within fifteen days after the mailing or posting of such notice, it shall be deemed as rejected by the property owner, and thereupon the board of supervisors may direct proceed- ings to procure the right of way to be instituted, in the name of the county, by the district attorney, under and as provided in title seven, part three, of the Code of Civil Procedure, against all non-accepting property owners; and when thereunder the right of way is procured, the work or improvement must be commenced as hereinafter provided. In such suit no informality in the proceedings of the board of supervisors, or in the proceedings of the commissioners, shall vitiate said suit, but the said order of the board of supervisors, directing the district attorney to bring suit, shall be conclusive proof of the regularity thereof; and the said suit shall be determined by the court cr jury in accordance with the rights of the respective parties as shown in court, independent of said proceedings before said board of supervisors or before said commis- sioners. Sec. 25. If any right of way, attempted to be acquired by virtue of this act shall be "found to be defective from any cause, the board of supervisors may again institute proceedings to acquire the right of way as in this act provided, or otherwise, or may purchase the same and in- clude the cost thereof in the expenses of such work or im- provement. Sec. 26. The board of supervisors shall determine the amount of work to be done in each year and the place where such work is to be done, and may let a contract tor any portion of such work that they may think proper. When the work is let by contract, either as a whole work or for a portion thereof, the board shall give notice, by publication thereof, not less than ten days, in a newspaper published in such county, calling for bids for the construc- tion of such work, or of anv portion thereof; if less than the whole work is advertised, then the portion so adver- tised must be particularly described in such notice. »aid Act 28r the ase ami pancy of the officers and departments of government of the state «.f California maintaining head- auarl acisco, and making an appropriation tin r [Appn red -Tun.' 12, 19 The people of tin -tat. of California, represented In senate • mbly, .1" B tion 1. A commission is hereby created, to .'.insist .>f the governor oi the statt of California, tl neral of tl • difomla, and tin' mayor .>t' the city an. I county of Ban Francisco, who shall 1"' known a> the "Com- raise - • 9an Francisco ' ' Sai.l commission shall continue to act as such until they lav.' performed the du1 led for. Tiny shall receive i ensation for their services, but their isary traveling expenses shall be |>ai.l out of the moneys 1,. r. in:it"r. r Bppropriat< ■ !. 2. Immediately after the passage of this act, said commission shall proceed to select, locate, purchase; or ae- qu'ir. and county of San Fran the erection thereon of one or more public build- ings for the use and occupancy of the officers and depart- ments of th< .rinmnt maintaining headquarters in San Francisco, the same to be modern in all . anr buildings tin: ,1 commie * have ttu power I name of the state of California, gifts or dos 1026a PUBLIC BUILDINGS. Act 2819, §§ i-o such site or sites, together with any and all appurtenances connected therewith. The title of any and all of such property, purchased, or otherwise acquired, shall be taken in the Dame of the state of California. Sec. 3. When said commission shall have selected such site or sites, if the same are to be purchased, they shall present their claim for the amount, or sum to be paid there- for, to the state board of examiners, and upon the allowance of said bill, or claim, the controller shall draw his warrant for the amount thereof, payable out of the sum herein ap- propriated, in favor of the owner, or owners of such prop- erty selected, and agreed to be purchased, as herein provided for, such warrant or warrants, when so drawn, shall be de- livered to such commission, and the same shall be used for the purchase of such site or sites, taking a deed therefor, as aforesaid, the same to be delivered to the secretary of state of the state of California, and filed and recorded in the office of the recorder of the city and county of San Fran- cisco, and in the office of the secretary of state. See. 4. After the selection, acquisition or purchase of said site or sites, and the erection, equipment, completion and furnishing of the building or buildings thereon, as re- quired and provided for in the provisions of this act, the possession of said premises and buildings shall be, by tbe commission herein provided for, delivered to a commission, which commission shall be composed of the governor, and secretary of state and the attorney-general of the state of California, which commission shall thereafter be, and is hereby created as the commission for the management of said building or buildings. Sec. 5. The sum of five hundred thousand ($500,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to carry into effect the provisions of this act, and to be used in payment of the purchase price of such site or sites, and the erection, equipment, completion and furnishing of said building or buildings, and of said Act 2820 PUBLIC BUILDINGS. ■■» moneys hereby appropriated, three hundred thousand ($300,- 000.00) dollars thereof shall be available July 1st, 1906, and Hi." remaining two hundred thousand ($200,000.00) dollars Lhereof shall !><• available July 1st, iv Sec ii. This net is hereby exempt from the provisions of the building net approved March 23, 1976, anil all amendatory thereof and supplemental thereto. Sec. 7. This act shall taki affect, and be in force from an, I aft. r July 1st, I ACT 2820. An act to facilitate the erection of a building or buildJ and the obtaining of a site or sites therefor at Ban I'V.u • i- o f<>r tin use of tin- pffici rs, commissions, boards and di partments of the stat< g »vi rnmi nt maintaining 1 eity, by providing agalnsl a deficit in I ral fund eaused by the appropriation made for said purposes and to provide f..r the transfer of money to tin genera] fund from the state school land fund to be held in trust as an si for the sup- port of the eommon schools of "f California ami to providi' for the payment of interest on such in ■if n t. [Approved June 12, 18 Whereas, Then een appropriated under the pro- visions of tin proclamation convening this exi n of the legislature the sum of five hundred thousand (*' I fund of tin for th.- purchase of a site or sites and the erection, equip- ment, completion and furnishing of a building or buil - in th. city of San Francisco, and YVI,. ri :<-<, There is need to provide against a deficit in said g( in ral fund because of ' .' improvement, and Whereas, There is sufficient money in the state school land fund which remain., uninvested to the benefit of the common schools of tin stab . PUBLIC BUILDINGS. Act 2S20, §§ l- - , Therefore, The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The controller is hereby authorized and directed to transfer to the general fund from the state school land fund the sum of five hundred thousand ($500,000.00) dollars to be held as an investment for the benefit of the common schools of the state, to facilitate the erection of a building or buildings and the obtaining of a site or sites therefor at San Francisco for the use of certain officers, commissions, boards and departments of the state govern- ment. ec. 2. The state of California hereby agrees to pay and will pay interest upon the said sum of five hundred thousand ($500,000.00) dollars so intrusted, at the rate of four (4%) per cent, per annum, from the date as provided in section 3 of this act, said interest to be payable semi-annually on the second day of January and July of each and every year for the support of the common schools throughout the state, and the faith of the state of California is hereby pledged for the payment of the interest herein provided. See. 3. The sum of twenty thousand ($20,000.00) dollars annually is hereby appropriated out of any money in the general fund of the state treasury not otherwise appro- priated to pay the interest as provided in this act, as the same shall fall due and payable; provided, the first semi- annual interest hereunder shall be due and payable on the second day of July, 1907. Sec. 4. The moneys so transferred by section 1 of this act are hereby released from the provisions of section 680 of the Political Code. Sec. 5. This act shall take effect and be in force from and after July 1, 1906. Acts :&2-2&2a PUBLIC DEBT. 102. 835.] ■B) ACT 2825. An eel to Minor! - than twenty-sis then* ' m.r BOre than thirty thousand inhabi tan I voti' upon tlir question of paying indebtedness inenzred in t' [ApprOTOd !'• briarv i \ 1-'.'!. - >1, p. S.J tion l. The board of trustees <>t tl ins. body M than tv thousand n..r than thirty thousand inhabitants ar. .1 to submit to the qualified electors of such city, at either a ral or municipal election in said ecial elei the question whether or net any indebti lured by laimed to be dot lid city, contracted in t ho yean eighteen hundred an nine and i imn- dred and ninety, shall be paid. Said board of tr ther shall specify particularly, in the proclamation f.o such i tion. - ml of the claimed indebtedness, and for what it is claimed to b I shall specify, if the special one, thi form "f ballots I | by the electors, and the time, plac< end manner of holding election and canvassing the returns thereof, an.i daring the result thereof. I i i- voted upon at eneral or municipal election, the ballots shall contain "For the payment 5fes," and "For thr ; Nb, ' ' in addition to the "t h( r matt. n. d therein. 7027 PUBLIC HEALTH. Acts 2826, 2831 Sec. 3. If two thirds of the votes east upon such ques- tion vote in the affirmative, the saiil board of trustees or other governing body shall immediately order paid, as other claims against said city are paid, the said amount so voted; and for that purpose shall be and are hereby author- ized to incorporate the said amount in the next tax levy, if tne same has not been already levied, for the year in which such election is held; an if such tax levy has been levied, then they shall make a new assessment and levy for the said amount, using the last assessment roll as a basis therefor. See. 4. This act shall take effect and be in force from and after its passage. ACT 2826. An act to prohibit the- creation of debts against the state in excess of appropriations made by law except in cases of actual necessity, ana on consent of the board of ex- aminers. [Approved March 23, 1893. Stats. 1893, p. 285.] Section 1. "" No officer or employee ia the service of the state shall have power to create any deficiency in excess of any appropriation of money made by law, except in case of actual necessity, and only then upon the written author- ity, first obtained, of the governor, secretary of state, and attorney -general; and any indebtedness attempted to be cre- ated against the state in violation of the provisions of this act shall be absolutely null and void, and shall not be al- lowed by the state board of examiners. Sec. 2. This act shall take effect from and after its passage. TITLE 384. PUBLIC HEALTH. ACT 2831. To create the office of attorney for the state board of health and the board of health of the city and county of San Francisco. [Approved March 31, 1891. Stats. 1891, p. 209.] r a \. Rep. Cit. 116, 109. Acts 2832-2835 PUBLIC HEALTH. 102K ACT 2832. To protect public health from infection caused by exhuma- tion and r< moval of the remains of deceased persons. [.stats. 1877-8, p. 1050.] Am. n. 1. .1 L889, Tills act appears In full in the Appendix to the Penal Code, p. 664. ACT 2833. To prevent the introduction, and provide for the investi- gation and suppression, of <-< > n t -t i^i « ■ n -; <>r infectious dis- ad appropriating money to be used for such i Stats. ];>ui, p. iu.] I'-'Oa, 414. ACT 2834. To protect the public health, to prevent the introduction and spreading of disease, and to provide for the protec- tion of the health of criminals under sentence <>n con- victi t a misdemeanor. [Stats. 1883, p. 280.] • P< nal Co.li', 1906. See note to J 1M5, Penal O This the cutting of the hair of persons con. irs In full In Penal Cade. Appendix, p. 71'J. ACT 2835. An act to prevent the introduction of contagious or in- t'. ctiooB disease ;> of California. [Approved March 15, 1883. stats. 1883, p. 370.] Railroad cars to be ii sp< eti •!. m I. Whenever there shall exist, in the opinion of • board of health, imminent danger of the in- troduction oi contagious or infectious into the of California, by means <>f railroad communication with otl . the Baid state board of health are au- thorized, and it is hereby made their duty, to make or cause to be made, by any accredited agent or inspector, an inspection of all railroad cars, coming into the such point, oi between such points within the state limits :,s may b( selected for the purpose. l v, t, ntion of train a minimum 2. Such inspection shall be made, when' practicable, during tin ordinary detention of a train at a station, or whil. in transit betwei D stations, and in all cases shall ?.029 PUBLIC HEALTH. Act 28?6 be so .conducted as to occasion the least possible detention or interruption of travel or inconvenience to the railroad companies, so far as consistent with the purposes of this act. Infected cars to be side-tracked. Sec. 3. Should the discovery be made of the existence among the passengers of any case or cases of dangerous, contagious, or infectious disease, the said board of health, or their agent, or inspector, under rules and conditions pre- scribed by them as being applicable to the nature of the disease, shall have power to cause the side-tracking or de- tention of any car or cars so infected, to isolate the sick or remove them to a suitable place for treatment, to es- tablish a suitable refuge-station, to cause the passengers and materials in such infected car to be subjected to dis- infection and cleansing before pioceeding farther into the state, and, in the case of smallpox, to offer free vaccination to all persons exposed in any car or at any station. Appropriation. Sec. 4. The sum of five hundred dollars is hereby ap- propriated out of any moneys in the treasury not otherwise appropriated, to be expended solely for the purposes of this act, and all expenditures herein authorized shall be specified in an itemized account to be presented to the state board of examiners, and paid as other demands on the treasury are paid; provided, that in no case shall the sum expended exceed that herein specially appropriated for the purpose. Sec. 5. This act sliall take effect from and after its pas- sage. ACT 2836. An act to prevent the introduction, and provide for the investigation and suppression of contagious or infec- tious diseases, and appropriating money to be used for such purpose. [Approved March 20, 1903. Stats. 1903, p. 255.J The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The sum of one hundred thousand dollars ($100,000) is hereby appropriated out of any moneys in the jtate treasury not otherwise appropriated, to be expended Acts 2837, 2838 pi'bi.ic health; by Mu' Btate board of health, under the direction of tin governor for tin prevention ft' the introduction of Asiatic cholera, bnbonic tallpox, or other contagions or infectione ad for their inv< b1 tion .'in! 'on in case of their origin or introduc- tion. The claims for such expenditures must he audited by the board of i rami pt that when, in the opin- io of the governor, an emergency arises which demands or aee» ssitates the immediate use of money for the pur- rein provided, the controller must draw liis war- rant in the nani' of the gOV< rnor, without such audit, on mi* of the sum hereby appropriated, upon the order of tin- governor, In such sums, from time to time, not ex- ceeding one thousand dollai time, as he may direct. Iii cases where sums are so drawn upon the order of the governor, without audit by the board af examiners, voochei thereafter lied with the con- troller, showing the manner ami tin- purposes fof whieh such sums have In ' n i xpemli d. . 2. This act taki diat< ly. ACT 2837. To authorise tin- ird of health to purchase and manufacture diphtheria antitoxin, anil to appropriate sir thousand dollars therefor. [Approved March 12, •its. 1895, p. 45.] ACT 2838. \„ ;,.) entitled An act to grant to boards of health in oitiee, and cities and Bounties, the power t.> regulate th. plumbing ami drainage of buildings. [Approved Starch 15, 1888. Stats. 1883, p. 366.J Plumbers n quired to rsgisti r. i on i. Every masteT or journeyman plumber earry- on his trade shall, under such rules ami regulari ; ,s~thi board of health of Buch county, or city ami county. i prescribe, register his Dame ami address at the DU1 ty, -r city ami county ; an. I i tin- Baid 'late it shall ool be lawful for any pi irry ,,,, ||,, trail, of [.luiLl.ii".' in any county, or city an. I county, unless his name and address b pro villi il- 1031 PUBLIC HEALTH. Act 2S39 Publication. Sec. 2. A list of the registered plumbers shall be pub- lished in the yearly report of the health-office. Board of health to approve plans. Sec. 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any county, or city and county, shall be executed in accordance with plans previously approved, in writing, by the board of health of said county, or city and county; suitable draw- ings and description of the said drainage and plumbing shall, in each case, be submitted and placed on file in the health-office. The said board of health are also au- thorized to receive and place on file drawings and descrip- tions of the drainage and plumbing of buildings erected prior to the passage of this act. Supervisors to apportion tax. Sec. 4. The boards of supervisors, or other city or county officials, whose duty it is to make apportionments for the board of health of such county, or city and county, shall make the necessary apportionments, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Court of record may enjoin. Sec. 5. Any court of record in said county, or city and county, or any judge or justice thereof, shall have power at any time after the service of notice of the violation of any of the provisions of this act, and upon the affidaivt of the health-officer or a member of the board of health of such county, or city and county, to restrain by injunction order the further violation named in this act, or of any work upon or about the building or premises upon which the said violation exists, and no undertaking shall be re- quired as a condition to the granting or issuing of such injunction or by reason thereof. Sec. 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. Sec. 7. This act shall take effect immediately. ACT 2839. An act to grant to boards of health or health-officers, in cities, and cities and counties, the power to regulate 89, 5§ 1-4 PUBLIC HEM.TH. lW the plumbing and drainage of buildings, and to pro- vide for the registration of plumbers. [Approved IWarch 3, 1885. Stats. 1S85, p. 12.] Amended 1887, 58. License from board of health. tion 1. It shall not he lawful for any person to i, or labor as a master or journeyman plumber, in any inoorporat. <1 city, or in any city and ty, in this statc> until ho shall nave obtained from the board of health of said city or city and county a license authorizing him to carry on | or hihor as such mechanic. A License bo to do Bhall be issued only after itisfactory examination by the board of each applicant upon his qualifications to conduct such business or to so labor. All applications foT license, and all Hi ned. Bhall state the name in full. ape. nativity, and place .if residence of the applicant or person so Licensed. It shall I . the duty of the secretary of each board of health to keep a record of all such Licenses issued, together with an alphabetical index to the same. [Amendment approved March 9, 1887. Stats. 18S7, p. 58. In effect immediately.] Publish list in yearly report. 8. A list of all licensed plumbers shall be pub- lished in the yearly report of the health officer or DO of health. [Amendment approved March 9, 1887. Stats. 1887, p. 58. In effect hum. diately.] I'lans of plumbing. Sec. 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in any city, or city and county, shnll be executed in accordant with plans previously approved in writing by the board of health of said city, or city and uad suitable draw- ings and description of the said .. ind plumbing shall, in each case, be submitted to the board of health, and placed on file in the health-office. Thi said board of health is also authorized to receive and phv descriptions of the drainage and plumbing of build erected prior to the . _ if this act. Tax levy. 1. The board oi irs, or other city, nr and counts, officials whose duty it is to make appropriati 1033 PUBLIC HEALTH. Act 2840, § 1 and tax levies for general purposes of such city, or city and county, shall make the necessary appropriation and tax levies, and shall insert the same in the yearly tax levy, to provide for carrying out the provisions of this act. Such appropria- tions and levy shall be made at the same time and in the same manner as appropriations and tax levies are made for other city, or city and county, purposes. Where no board of health. Sec. 5. In any city, or city and county, where there is under existing laws, a health-office, but no board of health, such health-officer shall perform all the duties required by this act of the board of health until a board of health shall be created, and in any city, or city and county, where there is ro health-officer nor board of health, the board of supervisors or city council, or other municipal legislative board or body, sbal) create a board of health, who shall perform all the dutie?, rf • quired by this act of the board of health or health-officer. Injunction. Sec. 6. Any superior court, or judge thereof, steill nave power to restrain by injunction the continuance of work co be clone upon or about buildings or premises where tho provisions of this act have not been complied with, and no undertaking shall be required as a condition to the granting or issuing of such injunction, or by reason thereof. Penalty. See. 7. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con- viction shall be punished accordingly. Sec. 8. This act shall take effect immediately. ACT 2840. An act to encourage and provide for a general vaccination in the state of California. [Approved February 20, 1389. Stats. 1889, p. 32.] Cal. Rep. Clt. 143, 661. Exclusive of children from schools unless vaccinated. Section 1. The trustees of the several common-school dis- tricts in this state, and boards of common-school government in the several cities and towns, are directed to exclude from the benefits of the common schools therein any child or any person who has not been vaccinated, until such time when \ct :S!0, §§ 2-4 PUBLIC HEALTH. 1034 eliiM or i ated ; proi ; thai any practicing and licensed physician mag eertifj that tlio child or person baa osed dae diligence and cannot be vac- cinated bo ;»s to produe - - t'u i vaccination) whereupon Buch child or person shall he excepted from the operation of this act. Notice by Bchool trustees. Sec. 2. The • local boards, annually, or at such • 1 by tip i-'l of health, must notice, by posting a notice in two or more [Mi 1 : r jurisdiction, that |>r"' made for m of any child lomnot schools, am! iarfly nr enable to procure vaccination for such child. List of chil.lren not vaccinnt. d. ■ hoard must within sixty days • i every year then ml.or of children nr persons in their rasp ■ I government :innon schools, who have already vaccinated, and make a list of the nam. .,11 gxich children or persons. It also shall be [thai dety af j. :i i,i or hoard to provide, for th< tion of all such children or persons in their respective school district! irus wherewith to v such Ik n or persons who havp not been u l,,, 'mated, to give :i tertilcate of vaccination, which certificate shall be evidence thereof for the purpose of complying with section one. for, how paid. i. The necessary expea ■> the proi of this act shall be paid out of the common school moneys :,,,]„, Jtrict, city, or town. And if there bfl •. the trustees must notify the hoard of supervisors of the amount of money necessary, and tin hoard must, at the time of levying the count;, tax, levy a tax the taxable property In thi sufficient to mis. the I. The rate of taxatioi rtaintd bj ducting fifteen pi r coat for delinqueneios from ti no lit. and the rate must be his. d upon the remainder. The so levied must be computed and entered apan ti | roll by th> county auditor, and GoUeciOt at the I 1034a PL'BLIC INSTITUTIONS. Acts 2 time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of the district. Annual report of trustees. Sec. 5. The trustees of the several school districts of this state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several districts between the ages of five and seventeen years who are vaccinated, and the number unvac- einated. Sec. 6. This act shall take effect immediately. ACT 2841. To provide for the proper sanitary conditions of factories and workshops, and the preservation of the health of employees. [Stats. 1889, p. 3.] Amended 1901, 571. Unconstitutional. (Schaezlein v. Cabaniss, 135 Cal. 466.) TITLE 381a. PUBLIC INSTITUTIONS. ACT 2843. An act. An act providing for the exchange of commodities between the public institutions owned or managed and controlled by the state, or the pplitical divisions thereof. [Approved March 18, 1905. Stats. 1905, p. 185. J Section 1. It shall be the duty of the state board of ex- aminers, within six months after the passage of this act, to arrange, so far as may be practical, for an exchange of sur- plus products, either manufactured or natural, between the several public institutions owned or managed and controlled by the state, or the political divisions thereof. Sec. 2. It shall be the duty of the state board of examin- ers to so distribute and arrange, with the assistance of tli boards of managers, directors or trustees of fchi insti- tutions referred to in section 1 of this act, the labor and in- dustry of their inmates that it will prove conducive to thevr mutual assistance, with a view of advancing the economic management of all the institutions owned or managed and con- trolled by the state, or the political divisions thereof; and all Acts 2S46-2S48 PUBLIC LANDS. MM* such surplus products shall 'or disposed <>f to any individual, corporation or association Btate, or ;my political division th< be any lemand for any Bucfa pro any public institu i ions owned or managed and controlled by the Btate, or tbn political divisions thi itimating the value of such articles tor the purpose of such exchan between public Institutions, the cost of producing or raising such . with ten per eent added, shall be the sale price fch< n '. Bach institution shall notify the state board of ex- aminers what surplus products th< if, as set forth in Miis set, and th< b ainers shall do all the other institutions owned or ii • • .-) ^f. i ami controlled by ilu' state, or th<- political divisions thereof, that such nrti- cles can be procured ami where, and thereupon the i of section 2 of th - stive, and I board of examiners shall allow do claims for the pi any products from any individual, corporation of association so long is the same might have been procured from a - institution after it had l»ei n duly notified of that fact. Sec. 5. All acts ami parts of acts inconsistent with this act are hereby repealed. TITLE 385. PUBLIC LANDS. ACT 2846. Authorizing the gov* rnor to re convey part of the lands to the Unr 1 to the state and listed under the agricultural college grant of 150,000 acres. 1883, p. 287.J ACT 2847. Prescribing the mode of maintaining and defending actions on lands belonging to the Uni: [stats. 1850, p. 203.] i led by act of 1852, p. 158. Clt. 139, 377. ACT 2848. Prescribing the mode of maintaining and defending as on public I 552, Air Cat. I. Not repealed. (See Grav v niT,.n 74 i-«i 1035 PUBLIC LANDS. Acts 2849-. 835 ACT 2849. Foi the protection of actual settlers and to quiet title to lands. [Stats. 1856, p. 54.] "In many resi ects unconstitutional (Billings v. Hall, 7 Cal. 7; Lathrop v. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105); and the parts not unconstitutional are probably superseded by the codes." — Code Commissioners' Note. ACT 2850. For the better protection of settlers on public lands. [Stats. 1858, p. 345.] This act provided for the redress of parties ousted under a foreign gTant which was afterwards rejected or did not include the land. ACT 2851. Public lands, protection of settlers on. [Stats. 1873-4, p. 327.] Amended 1881, 72. Cal. Rep. Cit. 134, 47. See Political Cade, sees. 3441, 3443. ACT 2852. For the better protection of settlers on the publrc lands of the United States and for the protection and en- couragement of persons desirous of settling thereon. [Stats. 1887, p. 147.] Codified by amendment of Penal Code, 1905. See note to § 420, Penal Code. ACT 2853. Pre-emption and homestead claimants, protection of. [Stats. 1873-4, p. 543.] ACT 2854. Public lands, bona fide settlers on, protection of. [Stats. 1873-4, p. 543.] This act protected the rights of settlers on lands within the sur- vey of a Mexican grant and which had been restored to the public ACT 2855. To provide for the management and sale of lands belong- ing to the state. [Stats. 1SG7-8, p. 507.] Amende .1 1S69-70, 14, 814, 875. Supplemented 1869-70, 87S. Amende! 1871-2, 383, 668, 685, 858. Cal Rep Cit. 41, 131; 43, 357; 45, 692; 46, 1S9; 46, 390; 17. 182; 17, 227" 47 2-19- 48 2S: 51, 475; 51, 537; 52, 181; 56, 2J3; 57. 585; 57, 5Xfi! 61 ' 207; 63,' 30S; 65, 636; 68, 542; 74, 111; 83, 105, 84, 615; 91, Acts -- PUBl.lt • l. 33: 11'. 333; 116, 331 HO. 609; 130. 615- 140. 11. 118: 144. 211: in. 818; m. 213; 144, 643; ill. 644; 144. 646. AMD'T ' rit. 47, 241; J7. i! 58, 106; 64, 184, 48. > . lr.t ACT 2856. Reservation from sale of certain land, [stats. Is7.vr>, p. : half of sort! n 16, in township 7 south. Mt. r>iabio meridian, ACT 2857. dating (!,.• sale of lands uncovered by the recession or drainage of tin- waters of inland lakes, [Stats. 1893, il. | . us, lie ACT 2858. Sail marsh and tide-lands, Burvey and disposition of, [Stats, I 1 -::: 1. p. 8 Supplementing and amending act of April 1, 1S70. 1:. ACT 2859. Saif hi' swamp lands, distribution of funds derived from. [Stats. 1878 i. p. 77". J ACT 2860. I pro i. if tor applications fot the purchase <•/ sixteenth ami thirty-sixth Bcctions, t" regulate the appli the purchase <>t sach sections, and requiring -it t* accompany all applications for the purchase of tin - [Stats. iv'sM. p. 434.] t'.il Rt p ACT 2861. Providing for examination into tin tale anil <1 is) >• >s.i 1 of - lands. [Stal p. 7!is.j i hl» • ii. l a oomm nee ono J above purp 1027 PUBLIC LANDS. Act 2862-2S09 ACT 2862. Making certificates of purchase or of location evidence of title. [Stats. 1859, p. 227.] Supplemented 1859, 332. Amended 1S67-8, 529. Cal. Rep. Cit. 42, 297; 51, 45; 71, 24. In True v. Thompson, 42 Cal. 293, it was held that this act was superseded and repealed by the act of 1S63, 591, in so far as it made a certificate of location prima facie evidence of title. The act of 1863 was in turn repealed by the act of 1867-8, 530. ACT 2863. Legalizing applications to purchase state lands. [Stats. 1869-70, p. 352.] Cal. Rep. Cit. 45, 450; 47, 240; 56, 223; 56, 558; 58, 541; S3, 105, 117. 464. This statute validated sales under the act of March 28; 1868, where the affidavits were defective. ACT 2864. Legalizing purchase of lands belonging to state. [Stats. 1871-2, p. 622.] ACT 2865. School lands, act to legalize payments for. [Stats. 1871-2, p. 137.] ACT 2866. Eespecting payment in full by holders of certificates of purchase of lands sold prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Stats. 1889, p. 428.] ACT 2867. For- the relief of purchasers of state lands. [Stats. 1871-2, p. 587.] Amended 1877-8, 914. ACT 2868. To provide for the presentation and cancellation of uns- eated school land warrants. [Stats. 1893, p. 181.J ACT 2869. Authorizing the governor and surveyor-general to sell and convey certain lands. [Stats. 1891, p. 251.] Cal. Rep. Cit. 114, 112. Thi. art authorized the sale of certain lands to the claimants an! occupants tnereui. Acts 2870-2880 PUBLIC PARKS. t 03J ACT 2870. Justice, John D., to cure defects in application of, to pur- chase lands. [Stats. 1877-8, p. 535.] ACT 2871. To authorize certain pi rsmis to remove improvements placed upon public lands after said lands have become private property. [State. 1867-8, p. 708.] : :i!. M'olllns v. Bartlett, 44 Cal. *T2.) ACT 2872. To enable purchasers of state lands to redeem them where their titles have bees or may hereafter be foreclosed for nun-payment of interest. [Stats. 1881, p. 65.] C*l. Rep. Cit. H4, | TITLE 386. PUBLIC PARKS. ACT 2877. To authorize the common councils and boards of super- rs of the b< v< fil cities, counties, and cities and coun- ties in this state to levy tnxes for the maintenance of public parks having an area of over ten acres each witliin tloir respective limits. [Approved March 8, 1887. B1 J, p. 52.] ACT 2878. To enable incorporated "cities and counties" and "cities" n „,| lire, maintain and improve public parks and boulevards, [Approved March 19, 1889. P- 36L] Cat. ROD. ''It l*8i Ml UX 37~>. ACT 2879. To provide for the maintenance and support of the public ,,. ir fore created within the various cities and cities and counties of the state, and to amend the ox- ts in n lation thereto. [Approved March 14, 1889 L889, p. 113. J I, 343. ACT 2880. Authorizing th< commissi! i ny public p.irk in tliis state, an. I especially th< park commissioners of Gold- en (iate Park, in Sin Pi l.niat ions 1039 PUBLIC WORKS. Acts 2881-28S9 and bequests in aid of the improvement and embellish- ment of their respective parks, and to invest the funds derived therefrom. [Approved March 9, 1885. Stats. 1885, p. 38.] ACT 2881. To authorize cities and towns owning public parks outside of their limits, to lay out, construct, and maintain roads, streets, and boulevards from the boundaries of such cities or towns to, into, and through such parks, and to acquire lands for that purpose. [Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 45.] ACT 2882. To extend the jurisdiction and authority of cities and towns over parks owned by them situated beyond the limits of such cities and towns, and over streets and avenues leading to the same. [Became a law, under constitu tional provision, without the governor's approval, March 1, 1897. Stats. 1897, p. 47.] ACT 2883. Giving the consent of the state of California to the reser- vation of certain lands by congress. [Approved March 14, 1891. Stats. 1891, p. 107.] This act granted the consent of the state to forest reservations. TITLE 387. PUBLIC WORKS. Hours of labor on: See title Hours of Labor, ante. ACT 2888. Creating a commissioner of public works, defining his duties and powers, prescribing his compensation and making an appropriation. [Stats. 1893, p. 345.] Amended 1S97, 26. Repealed 1S99, 157; 1900, 20. Cal. Rep. Cit. 125, 414. ACT 2889. Creating a commissioner of public works, defining his duties and powers and fixing his compensation. [Stats. 1899, p. 157.] Superseded by 1900, 20. Act 28 PUBLIC WORKS. 1040 ACT 2800. An ad creating a commissioner of public works, defining his dutii - g iii-! compensation. [Approvi d F L900, p. 20.] The people <•! California, re] r ■• oted in senate and .-i 38< mbl; follows: Si ction l. T ; :, commissioner of public works, to ted by the governor. He shal I told .. or until his sue- • r Bball !■ i vacancy . tin' govern- or shall appoint I provided, that .my appoint- ment to ide to i ; n t,,r the unexpired portion of t for which the I appointment - in.i.ii . S the discha of his duty, shall take and sub i official oath, an 1 exi cute ' in the i thousand dollars, to l • '1 by th( . and fib d and n eoid< d in the offic< of 'bonds of < r Such commissioni r shall receive alary of I : annum, pay- able in monthly insl bi allowed his actual traveling and otbei ntaJ expenses incurred while in the performance of official dul 2. The eommissioi er shall perform such duties in the examination of lands subject to inundation and over- flow by flood-waters, and of the waters causing and making Buch inundation and overflow, and in the preparation of plans am t cost for works to regulate and trol Buch Hood u • be may be directed to perform from time to time by the governor; and such other duties in the examination, supervision, an I ement of pub- lic works, constructed oi earuied on by I . or under state authority, or under any law of the state, as he may be directed to from time to time by law. He shall, sul to the approval of the auditing hoard, have the power to employ Buch engineers and as as be may deem necessary to carry out the provisions of this act, or to per- form any duties imposed by any law upon said commis- sioner, and to fix their compensation Bubject to the ap- proval of the board. Si .'. 8, An act entitled "An act creating a coma of public works, defining bis powers and dutirs, pr< - y^ PUBLIC WORKS. Act 2891, g 1 scribing his compensation, and making appropriation," approved March twenty-fourth, eighteen hundred and ninety-three; an act to amend an act entitled 'An act creating a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation,' approved March twenty-fourth, eighteen hundred and ninety-three, relating to the office of commissioner of public works," approved February twenty -fifth, eighteen hundred and ninety-seven, and all other acts and parts of acts in conflict with the provisions of this act, are hereby expressly repealed. Sec. 4. This act shall take effect and be in force from and after its passage. ACT 2891. An act providing for the appointment of an auditing board to the commissioner of public works, authorizing and directing him and them to perform certain duties re- lating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rec- tify water channels, to erect works necessary and in- cident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this act. [Approved March 17, 1897. Stats. 1897, p. 171.] Amended laOO, 21; 1001, 91. Cal. Rep. CU. 125, 415. The people of the state of California, represented in sena'te and assembly, do enact as follows: Section 1. Within thirty days after the passage of this act, the governor shall appoint five persons who shall be citizens of the state of California, and not all members of the same political party, and who, after the first appoint- ment, shall hold office for four years after their appoint- ment who shall be known as the auditing board to the commissioner of public works. They must, within fii days after receiving notice of their appointment, meet in the city of Sacramento and organize by selecting from their number a president and secretary. But of thosi pointed under this act, the term of office of two shall be for two years, and the term of the others few and the ' governor shall designate, in theii Long, their respective terms. Thereafter all shall be appointed Gen. Laws — 66 Act 2891, J§ PUBLIC WORKS. .04J for four yean. All vaeai ciei shall be filled in like manner by appointment from ■■. bul th< person ap- pointed to fill a vacancy shall fill only the unexpired term. J»io member thereof shall recover anj ensation what- ever, bat (hey ma; l" paid their reasonable travel in attending i to b< audited by the 1 »■ > i r. I of examiners. They shall meet at Sacramento Citj ones in two months, and oftener if required. Sec 2. I' • . the report of the commissioner of public works, dated November sixteenth, eighteen hundred and ninety-six, and accompanying re- and plans of ei ihall bi adopt* d and made t) . ad the plans tin rein specified for promoting dn i ge and improving and rectifying ri \ • r channels shall, as far ible, be carried out and ..d as herein provided. In addition to the work out- lined and described in said report, the said commissioner ,it public v, irks and board of auditors are hereby authoi and empowered to perform other further and additional work upon *be Sacran 'eath- er, Vul>a. Bear, Bfokelumne, and Tuolumne rivers, and luma, Alviao, and and upon all tide ud Bowing into tl : ' iblo, . ml San Franeiseo, and also upon the navigable of the state ( .l' California, of a character and nature similar to that outlined and de- scribed in said report, for the ' promoting drain- r. itifying channels, and improving navigation. [Amendment became a law under ■ without governor's approval, hCareh 2. 190L - I, p. iinniediat< ly. ) 3. The conn Of public works shall have c l, ;ir superintei t all work authorised by this act, and -hall employ and < • i r. .• t all empl i< n<> enditure shall be made without tion of the auditing board. The •(' public works shall rmine the character and ext nt of the work to he ,)on, in aCCOrdanCl with the said I ■! shall f„H i and compl ime, i. Tin re i~ hereby appropriated out of ill the -• ''< d. tile , lt - three hundred thoussnd dolls paid to the auditing board, and to be expended for the purpo inafter apeeii wit: tor the |>urei 1043 PUBLIC WORKS. Act 2891, $ 5 and operation of one or more dredgers, or machines, and appliances to improve and rectify the river channels of the state of California, so as to promote drainage and to protect towns and cities of the state of California from inundation, as outlined and described in the said report of commissioner of public works; to erect, build, and con- struct embankments, and other works, where necessary, for carrying out the purposes of this act; to employ per- sons in and about said work, and to purchase such sup- plies as may be necessary for the carrying on of the same, and for doing all other work described in said report, to improve and rectify river channels so as to promote drainage. Sec. 5. The commissioner of public works shall have power to employ such persons in and about said work as the auditing board may determine to be necessary, at a compensation to be fixed by the auditing board. All con- tracts for the purchase of material and supplies, or for such work as can be done by contract, where the expense thereof shall exceed the sum of five hundred dollars, shall be awarded to the lowest bidder, at a public letting there- of, and after a notice to bidders to be published in one newspaper published in the city of Sacramento, one in Stockton, and one in San Francisco, for at least one week; provided, that at least two weeks shall intervene between the last publication of said notice, and the time for open- ing bids; provided, the said bid is a fair and reasonable one. All bids required by this act shall be accompanied by such security as the auditing board may require, con- ditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a penal bond, with good and sufficient sure- ties, in such sum as the auditing board may require, and to their satisfaction, that he will faithfully perform his con- tract. If all the bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for such t inl- and in such papers as they see proper, for proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the mean time the board may contract for articles and supplies for imme- diate and temporary use, with any one whose offer is re- garded as just and equitable, or may purchase in the open market. No bid shall be accepted, nor a coatrac entered into in pursuance thereof, when such bid is higher Act 2801. Sfi 6. 7 PUBLIC WORKS 1044 than any other bid at the same letting for the same el ■In >1 1 1 1 ♦• "i' articles, quality considered, ami when a contract ''an I » « - had at such lower Mil. Winn two or mete hills for Hi. same article or articles are eejuaJ in amount, the board may Belecl the one which, all things soaaiaered, may by flu m be thought beat for the interest si t or thi< nt bond, to be approved by such contracting body, officers, or board, in a sum not less than one-half of the total amount payable by the terms of the contract; such bond shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, company or corporation, fails to pay for any materials or supplies furnished for the performance of the work con- tracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an PUBLIC WORKS. amount i Ling the sum Bpecified in tin.- bonr other body by whom saeb con brad awarded, a verified statement of su<-h claims, together with nt that tin- same I paid. At aay time within niiii ty days after the filing of such claim, the per- son, company, or corporation filing the same may a raencs an action against tin sureties on the bond, specified and cequiri '1 by Bection one hereof. • 3. Thi !1 take effect Immediately. ACT 2896. An act to regulate the erection of public buildings an. I structui [Approved April 1, ls7:2. Stats. 1871-2, p. 025.] Cai l'lans and specifications— Advertisement. Section 1. When by any statute of thi- \vi r is given to any state or county officer or i t to any board of supervisors or corporation, or any beard of trus - or commissioners, or other person ated or appointed by authority of any Buch statut- . \ or cause to hi' erected or constructed, anj mnty or other building or structure, it shall be the duty of officer or officers, board "f Bupervi rporation, or boar.: of trustees, or commissioners, or other person or j advertise for plans and specifications in detail for said build- ing or other structure, ami to state in said advertisement the amount authorized by law or otherw tided f r the erection of saiil building or structure; and also premium to be awanl.il to the architect whose plans au.l specifications for may In 1049 PUBLIC WORKS. Act 2836, 5 2-4 Architect's bond for contract. Sec. 2. Whenever the plans and specifications of any architect shall be adopted, such officer or officers, board of supervisors, or corporation, or board of trustees or com- missioners, or other person or persons so adopting the same, shall, before any premium shall be awarded for such plans and specifications, require such architect to execute and file with such officer or officers, board of supervisors, cor- poration, or board of trustees or commissioners, or other person or persons, a good and sufficient bond, with two sufficient sureties thereto, iu the penal sum of five thousand dollars, to be approved by such officer or officers, board of supervisors, corporation, or board of trustees, or commissioners, or other person or persons, as the case may be, and condi- tioned that within sixty days from the date of said bond he will, on presentment to him, enter into a contract con- taining such provisions and conditions as may be required by such officer or officers, board of supervisors, corpora- tion, or board of trustees, or commissioners, or other per- son or persons; and also conditioned that he will give such further bonel to secure the faithful performance of such contract, with such sureties as may be required of him, in the event that such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, so acting under authority of law, should, within said sixty days, require said architect to enter into such contract to erect such building or structure, at the price named in said advertisement to be expended for such purpose. In case said architect whose plans and specifica- tions are adopted should enter into such contract, it shall be the duty of such officer or officers, board of supervisors, corporation, or board of trustees or commissioners, or other person or persons, to employ a competent architect or super- intendent to superintend the erection of such building or structure, and to see that such plans and specifications are faithfully carried out. When contracts void. Sec. 3. All contracts entered into by such officer or of- ficers, board of supervisors, corporation, board of trus4 commissioners, or other person or persons, in violation of the provisions of this aet, shall be null and void. Sec. 4. This act shall take effect and be in force from and after its passage. Superseded as to state officers and works by the following act:— ". § 1 PUJ :KS. HkiO ACT 2897. An ai't ti> regulate contracts on behalf of the state, in rela- tion ids ar.r officers, to whom nfidi '1 by law the duty of ad superintending the Idition to, or improvement of lum, or ot in r improvemi nt, t. .!, or • '. by the ■h coma I s, or ol r oi before < utering into I racl for the erection, alteration, addition to, or imj • ; ? u t i«.n. asylum, or other improvement, or for the supply of materials therefor, tb< >f which nt, ami ma- terals ti thousand dollars, shall make, or pr s full, complete, and accurate plan or plans of such institution, asylum or other Improvement, . or nit. ration or im- provement thereof, in all ; ' ill the nt • with working plans Bui table for • >f the mi - builders <]• ring ti iction thereof, so drawn and nted plain ai od, and t am. Mint of all tho different kin.ls in the ereetion thereof, addition ■ n or improvement tl ' m or plans; and also full an.l • k the mi and Btyle in which th< I to 1" done, giving Buch :u, . v oompetenl mechanic or othrr builder to carry them an.l afford th Iful information t tin in to r< [uir< '1 ii ' ion, addition ' wieh institution, hi r improvi D to make, or and cop mate of • it,., I, ' such in- stitution, asylum, ur . or of addi- 1051 PUBLIC WORKS. Act 2807, §§ 2, 3 tion to, alteration or improvement thereof, when com- pleted. Plans, etc., to be approved by governor, treasurer, and se- retary of state. Sec. 2. That such plans, drawings, representations, bills of materials, and specifications of work, and estimates of the cost thereof, in detail and in the aggregate, as are re- quired in the first section of this act to be made, shall be, when made, submitted to the governor, state treasurer, and secretary of state, for their approval, and if approved by them, a copy thereof shall be deposited and safely kept in the office of controller of state. Sealed proposals, notice of. Sec. 3. That after such plans, descriptions, bills of ma- terials, and specifications and estimates as are in this act required are made and approved, in accordance with the requirements of this act, it shall be and is hereby made the duty of such commissioners, directors, trustees, or other officer or officers to whom the duty of devising and super- intending the erection, addition to, alteration, or improve- ment of such institution, asylum, or other improvement as in this act provided, to give or cause to be given public notice of the time and place when and where sealed pro- posals will be received for performing the labor and furnish- ing the materials necessary to the erection of such institu- tion, asylum, or other improvement, or for the adding to, altering, or improvement thereof, and a contract or contracts based on such sealed proposals will be made, which notice shall be published weekly for four consecutive weeks next preceding the day nameel for the making of such contract or contracts, in the paper having the largest circulation in the county where the work is to be let, and in three daily papers having the largest circulation and published one in each of the cities of Los Angeles, Sacramento, and San Francisco, also in a newspaper having a general circulation in the county where the work is to be let, and shall state when and where such plan or plans, descriptions, bills, and specifications can be seen, and which shall be open to public inspection at all business hours between the date of such notice and the making of such contract or contracts; pro- vided, however, that the rates of said advertisements shall not exceed the regular advertising rates for similar matter, whether public or private, in such paper or papers. The aforesaid notice must state that separate bids will be re- . $4 rr: ucs, 1052 li t for the performance of . addition, al- • furnishing of ma- • ir, viz.: first, for the etta, and ta and oiling; md, for thi 1 he carpenter, plasti r- plumbing and Btl ing W< ( ,-k ; sixth, for the • . .nth. for ; ball l" in all • • said eom- ■ bi r offic* r or nil,- I An ' 5j p, 1 16. in 1 ii'. cl inum diately.] ' on the day named in said public notice, s;ii,| eon offie< r or offi- to publiely open said Bealed II ;iw;ir.! >ir contracts for doii i : k and furnish • the ivided alwi that ii" pro| M accompanied with a bond of sai.l pi to I- M per cent of his indit ioni .1 thai if thi 1 *:nt \ 1 will duly r into :i propei dthfully perform his or theii dance with said pro- descriptions, which shall i>. and ar< b< r< • contract ntraet or rati! they :irr ■ him found t in ai » of this act, ad hie oertifi- 1 provided further, that if in the opinion of a tors, or o( - bid or bids shall nol l" for • -. it may wml for them, w ittcn advici and consent of • Buch pr. • il, as in their opinion may be I" tt«I foi e, 01 r- _,, ,-t all 1053 PUBLIC WORKS. Act 2S97, § § 5, 6 proposals and advertise for others in the manner aforesaid. All contracts shall provide that such commissioners, direct- ors, trustees, or other officer or officers may, as hereinafter provided, and on the conditions stated, make any change in the work or materials. No change in plan to be made unless approved as original. Sec. 5. That no change of the plan or plans, descrip- tions, bills of materials, or specifications which shall either increase or decrease the cost of said institution, asylum, building, or improvement, exceeding the sum of one thou- sand dollars, shall be made or allowed after they are once approved and filed with the controller of state as herein required, until such proposed change shall have received the approval of the governor, state treasurer, and secretary of state; and when so approved, the plan or plans of such change, with the description thereof, and the specifications of the work, and bills of material, shall be filed with the con- troller of state in the same manner as required before such change was made; and no allowance whatever shall be made for work performed or materials furnished under such change of plan or plans, or descriptions, or specifications, or bills of materials, unless, before such labor is performed and materials furnished, a contract or contracts therefor is made in writing, which contract or contracts shall show dis- tinctly the nature of such change, and shall be subject to all the conditions and provisions herein imposed upou the original contracts, and be subject also to the approval of the attorney-general as hereinbefore provided; provided, that all changes in the contract exceeding five hundred dollars shall be by contracts in writing, with full specifications and estimates, and shall become a part of the original contract, ami shall be BJed with the controller of state, with the o inal contract; and provided further, that the amount of such change in the contract, plans, descriptions, bills of materials, or specifications shall uot, in the aggregate, increase the cost of construction of said institution, asylum, building, or improvement more than three per centum of the original contract price or cost. Whole cost not to exceed amount authorized by law. Sec. 6. That no contract or contracts shall be made for the labor or material herein provided for at a price in ex- cess of the entire estimate thereof in this act required to be m;' 'e, and the entire contract or contracts shall not, in- cluding estimates of expenses for architects and otherwise, ex- Act 2897, §§ 7. 8 n-RLIC WOI: 1054 te the amount authorised by law for such institution, asylum, building, or Other improvement, or such addil r alteration or improvement thereof, undei tin of section tin of this act hen in after provided. Directors, etc., to estimate labor and materials, and amount due. Li tin timo or tim i named in the cunt' contracts made anil filed with the controller of state, or which lias been made and filed with him, in nth the provisions of this act, for payment e person or ; irith whom such contract or con- tracts had been made, it shall be and is hereby made the duty of the con.' rS, trusties, or other to whom the duty of super- intending tie of Buch institution, asylum, build- ing, or improvement, or adding to, altering, or impnn the same, to make or • b< made a full, aeetu an. I detailed estimate of the various kin. Is of labor per- formed and materials furnished under bucd contract or con- tracts, with the amount du( for each kind Of labor and materials, and the amount due in thi which es- timate shall be based upon an actual measurement of tin laboi . rme, | and materials so furnished, which mate shall, in all a th< amounts of the prei tng est i the amount of labor performed ami materials furnished rim mate, which ■ so made, as in this act required, shall be rded in a book for that purpose ;•> l"- provided and kept, or cause. 1 to be kept, by the said conn. trustees, or otl and a certified copy thereof, addressed te the controlled oi the said eommissioi directors, trustees, or i i or officers, <>r by such per- pon as they i for that purpi 1 to the i titled thereto; provided, thai upon all estimates of matei delivered, ami not actually having into ami i part of institution, building or other improvement, there shall not lie paid, until th. II be ii rporated into ami Income a pari ,ii said institution, building, or other improvement, ex- g tilts per centum of such estim.' Controller t.. >ct. 11 l.e the duty of the controller of state, on the r. cm; I approi ed, to com fully the -am.' with the contract or contracts under 1055 PUBLIC WORKS. Act 2897, §§ 9, 10 which labor was done or materials furnished, and if there had been any previous estimates, then with such estimates; and if, upon such comparison, he shall find such last-named esti- mate in all respects correct, he shall number the same, place it on file, and have a record thereof made, and give to the person or persons entitled thereto', taking his or their receipt therefor, a warrant on the treasurer of state for the amount shown by such estimate or estimates to be due, less the amount of ten per centum thereon, which shall be retained as an ad- ditional security for the faithful performance of his or their contract or contracts, and shall be forfeited to the state in the event of a failure of such contractor or contractors to con- form in good faith to the terms and conditions of such con- tract or contracts ; but when the labor to be performed and materials furnished, under such contract or contracts, is per- formed and furnished, and a final estimate thereof made, the controller of state shall include in the warrant or warrants for the amount of such last estimate the percentage retained on former estimates. Sec. 9. The treasurer of state shall pay the warrants is- sued by the controller of state, under and by virtue of the provisions of this act, placing the same on file, and keeping a register of the names of the person or persons to whom such warrants are paid. Officer making fraudulent plans or estimates. Sec. 10. Any commissioner, director, trustee, or other officer or person otherwise appointed, whose duty it is to sup- erintend, in whole or in part, the erection of such institution, asylum, building, or improvement, or of adding to, altering, or the improvement thereof, or the making of the plans, de- scriptions and specifications of the labor to be performed and materials to be furnished, as provided in this act, and the es- timates of the cost thereof, or the estimates of the amount of labor done and materials furnished from time to time, under and in accordance with the terms and conditions of the con- tracts in this act authorized to be made, and the provisions of this act, who shall, in the performance of the duty herein im- posed upon him or upon them, knowingly make incomplete or fraudulent plans, drawings, bills of materials, specifications of work, or estimates of the cost thereof, or permit the work in any other manner then is prescribed in such plan; scriptions, and specifications, or with materials inferior to that required by such bills of materials, to the injury of the Btate; or shall knowingly make false estimi the labor Act 2897. §J 11. 12 MC WORKS. WM done or materials furnished, cither in the quantity, or price thereof, to (lie injury of tbe state; or any con- tractor, or any agent of any contractor or contractors, who -hall knowingly permit materials to be used or work to be lone inferior to, or in violation of, the contract of such con- tractor or contra. -tors to the injury of the state, shall bo • med and held guilty of a felony, and upon conviction thereof shall be entitled in the state prison for Dftt leS9 than one yi ar imr more than five years and be liable to the state for double the amount the State may have lost, or bo liable to lose, by rea so n th> reof. Attorney-general to enforce contracts. 8ec. 11. It shall be the duty of the attoriu y g. n. ral to have charge of and direct all the pro 1 ".*' to enforce toe contracts authorised by this ad and the provisions of this nst such parson, or persona as become liable to tin penalties herein prescribed. rs to require diligence in contra Sl ■''■ 12. Win ■m-ver, in tin opinion of the commissioners, directors, trust.,s. or other o&eera charged with the duty of devising and superintending the friction, alteration, ad- dition to, or improveti institution, asylum, building, or other improvement u-ndet this act, or any law t»f this state, the work under any contract made in pur- suance of this act. or any such law, is neglected by the con- tractor or contractors, or that I ■ ited with the dil '. - ecified, in. ant, or intended iii and by the terms of the contract, it shall bi lawful for Mich commissioners, directors, trustees, or other offici rs to make a requisition upon such contractor or contra for such additional Specific force, or for such additional tic materials, to h< brought Intd the work under such tract, or to remove improper materials from thi in the jtidgmi d1 of such comi or other officers, said contract and its due and faithful fulfillment require) of which action of said board or other officers, due notice in writing ol not 1> 98 than five days, shall be Berved upon such contractor, or his or their agent Saving charge Of the Work. And if BUCh contractor or contractors fail to comply with such a within lifteen days, it shall be lawful for said cotnnii lirec- . or other officers, with thi in writ- . of the governor, treasurer of Btate, and ry of PUBLIC WORKS. aci Z838 state, to employ upon such work the additional force, or supply the materials so specifically required as aforesaid, or such part of either as they may deem proper, and to remove improper materials from the grounds; and it shall be the duty of such commissioners, directors, trustees, or other officers, to make separate estimates of all such ad ditional force or materials so employed or supplied as afore- said, and which, being certified to by said commissioners, directors, trustees, or other officers, shall be paid by the controller of state the same as if made out agreeably to section seven of this act, and the amount so paid shall be charged against said contractor or contractors, and de- ducted from his or their next, or any subsequent, estimate; or the same, or any part thereof, not paid as aforesaid, may be recovered by action from such contractor or contractors, and their sureties. Time to be fixed for completion of contract. Sec. 13. In all contracts made under the provisions of this act, there shall be a provision in regard to the time when the whole, or any specified portion, of the work con- templated in said contract shall be completed, and also providing that for each and every day the same shall be delayed beyond such time or times so named, the said con- tractor or contractors shall forfeit and pay to the state a sum of money, to be fixed and determined in said con- tract, to be deducted from any payment or payments due, or to become due, to said contractor or contractors. Applicable to former contracts. Sec. 14. All contracts now made and not performed, tor the erection, alteration, addition to, or improvement of any state institution, asylum, building, or other improve- ment, shall, as far as practicable, be performed, completed, and enforced and settled for under this act, or may, by the consent of the contracting parties, be made to con- form to and proceed under the provisions of this act. Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 16. This act shall take effect from and after its passage. ACT 2898. An act to provide for the completion of all unfinished county, city, city and cOunty, town, and township build Gen. Laws— 67 Act 2S9S Pl'm.ir WORKS. 1051 ' counties, cities and counties, cities, and tii ■ be of < lalffornia; [Approved March 10, 1887. Stats. 1887, p. 95.] Amen 1 1^85. 166. Tal. R.p CM 96. Mi 12S. 129. Construction of unfinished buildings. ction l. In the event thai the board of ropervi 1 conuti< ■ and counties of the Btate of California shall deem it expedient to con- tinue the const ruction of any unfinished county, or city r town. or township building or buildings now in the they are hi reby author- empowered to express such judgment, by resolu- tion or order, in such form :is they may deem proper; and for tiir purpose of ra nlete Baid building or buildings the board of supervisors of tl,, and cities and counties of the California are hereby authorized and empowered to lew and collect, annually, for the fiscal year commen- July Bra i n hundred and thirtieth, hundred and eighty-eight, each and every fiscal year ng the eight one mann< r and at the Buine tin ' ' '••■ i - lid counties, cities, and towns, and • and cities anil counties are levied and collected, an ad valorem property tax on real and par- ty within the sai.l count ; ties and ,.,,„, , of ten cents on each hundred dollars of vaJ wn by the assessment said counties, cil and countii - ;u .,i • ar; provided, the mom a und< r the pro* i ' shall be oded only in the manner and for the purpoaes author- ithorizing the construe- buildiug or buildings; and provided fui that no part of sai.l n o ! for the pur. or other office furnishings Dl the rooms or oil - pleted and in us.' at th< tii t l„, . • nor for any turn. Bee • be compb I- nn °* n " ;1 H V • . |.. rman.nt struc- or arrangenu nt of such offices or rooms; and it la 1059 PUBLIC WORKS. AM 2-*39 further provided, that whenever, in the j dgment of the board of supervisors of the several counties, cities, and cities and counties, of the state of California, or of any per- son or persons, board, or commission having charge of any building or buildings now in the process of construc- tion, it shall be deemed necessary for the preservation of tiiC building or buildings, or convenient occupation thereof, or the improvement or maintenance of sanitary conditions therein, or the protection of life, to make repairs on said building or buildings, or alterations thereof not inconsis- tent with the accepted plan of the building or buildings, the board of supervisors, person rr persons, board, or com- mission having legal charge of the same, shall have the power to expend in any one year on such repairs or altera- tions, exclusive of the cost of repairs or alterations on the roof or roofs thereof, the sum of ten thousand dollars, and no more; which sui may be expended without re- gard to any of the requirements of any act or acts author- izing the construction of the buildings or buildings, if the amount expetded at any one time does not exceed the sum of one thousand dollars; but whenever an expenditure in excess of the sum o one thousand dollars should be re- quired, it shall be made according to the provisions of the act or acts authorizing the construction of the building or buildings. | Amendment approved March 26, 1895. Stats. 1895, p. 166. In effect immediately.] Sec. 2. All laws now in force, except in so far as they relate to the levy and collection of taxes for the completion of any county, or city and county, or city, or towns, or t, wnships building or buildings, are hereby continued in full force and effect. ACT 2899. An act concerning .he completion of unfinished public buildings in any county, city, city and county, or town in this state, and permitting alterations of the original plans or designs for the construction thereof. [Approved March 26, 1895. Stats. 1895, p. 165.J The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Where there are any unfinished public build- ing or buildings now in p-ocess of construction in any county, city, city and county, or town in this state, the Act 2&00 BUC WORK?. ■ r other governing busty of any Bounty, <-ity. city and county, or 'own. or any commission • I n\ an ad of the legislature, having in charge the traction of Buch unfinished building, shall have t h<- ri^ r lit in ■ true i « • 1 1 thereof to omit from the original or adopted plan tie n tor racfa p.irt or c^rts as in their judg- ment they shall • '■■ to 1>" lift out; provided, no let for the construction of such part or parts. It. in the ju I the ptth lie z I r< i|i according to law for the construction, in whole or in part, of the unfinisbi rl portions of such public building <>r buildings in accords with such aid ti cl plan. When the I] lrivr | itraeted in aeeordanoi with such altered plan, tin- build- ing shall b< ' i completed. r, during the construction of such pub- lie building or buildings, changes in the origins.] plans or been made, and for the construction of the work, in whole or in part, in accord- anc.' with the altered plant have been entered into by the board of supervisors, or other governing body of any county, city, city and COUnl TO, ur by the commission having the construct!) a thereof in charge, the said alteration of the original plans or designs that have madi anri con t rn thai have been entered hereby ratified, approved, ami confti I from and aft. r it I ACT 2900. An act authorizing the Incurring of indebtedness by eil ,u.l municipal corporations, incorporated under the laws of this r the construction of >\ works. Bewers, and all aecessary public improve:; or for any purpose whatever, and to repeal th approved March :'. 1885, entitled "An act to authorise 1061 PUDLIC WORKS. Act 2900, § § 1, i municipal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain water-works"; also to rtpeal an act approved March 15, 1887, entitled "An act authoriz- ing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state." [Approved March 19, 1889. Stats. 1889, p. 399.] Amended 1891, 84, 94, 132; 1893, 91. Cal. Rep. Cit. 138, 243; 142, 699; 142. 700; 142, 701; 144, 393. Of the last amendment, the code commissioners say: "This latter amendment attempted to be repealed by 1897, 97, but such repeal de- clared unconstitutional In City of Los Angeles v. Hance, 122 Cal. 78." Municipal corporations may incur indebtedness. Section 1. Any city, town or municipal corporation, in- corporated under the laws of this state, may, as hereinafter provided, incur indebtedness to pay the cost of any munici- pal improvement, or for any purpose whatever requiring an expenditure greater than the amount allowed for such im- provement by the annual tax levy. Manner of procedure. Sec. 2. Whenever the legislative branch of any city, town, or municipal corporation shall, by ordinance* passed by a vote of two-thirds of all its members, and approved by the executive of said city, town, or municipal corpora- tion, determine that the public interest or necessity ds- mands the acquisition, construction, or completion of any municipal buildings, bridges, water-works, water-rights, sewers, or other municipal improvements, the cost oi which will be too great to be paid out of the ordinary an- nual income and revenue of the municipality, they may, after the publication of such ordinance for at least two weeks in some newspaper published in such municipality^ and at their next regular meeting after such publication, or at an adjourned meeting, by ordinance passed by a vote Act 2900 § t prm-ic works. vm of two-thinls of all its members, nnd also approved by the said executive, call a special election ami submit to the qualified voters of said city, town, or municipal corpora- tion, the proposition for the pur forts in the ordi- nance, and no question other than the incurring of indebt- edness for said purpose shall be submitted. The ordins calling such special election shall recite the objects and purposes for which the indebtedness is proposed to be in- curred, the estimated cost of the proposed public impn ment, the necessity for such improvement, and thai bonds of the municipality shall issue for the payment of the cost of such improvemi nt. as in sueii ordinance set forth, if the proposition be accepted by the qualified voters, as hereinafter provided, and shall fix the day on which such special election shall be held, the manner of holding such election, and the voting for or against incurring such in- debtedness; such election shall be held as provided by law for holding such elections in such city, town, or municipal corporation; provided, however, that where by the terms or provisions of the charter of any city, town, or municipal corporation, the cost of making the proposed improvements is to be or must be paid from a special fund created by such charter for that purpose, the proposition of incurring such an indebtedness may be submitted to the qualified vot- ers at any general election for officers of the state of Cali- fornia or of such city, town, or municipal corporation. [Amendment approved March 11, 1891. Stats. 1S91, p. 94.] Publication of intention to incur indebtt dness. Sec. 3. Such ordinance shall be published once a day for at hast ten days, or once a week for two weeks, 1" fort the publication of the notice of the special election, in some newspaper published in such municipality. After said publication, said legislative body shall causi to be published, for not less than two weeks, in at hast one of the newspapers published in such municipality, a not of such special election, the purpos rhich the in- 1063 PUBLIC WORKS. Act 2900, j§ 4-C debtcdness is to be incurred, the number and character of the bonds to be issued, the rate of interest to be paid, and the amount of tax levy to be made for the payment thereof. It shall require the votes of two-thirds of all the voters voting at such special election to authorize the issuance of the bonds herein provided. Plans and estimates of improvements. Sec. 4. It shall be the duty of the legislative branch of any municipality contemplating permanent public im- provements, to first have plans and estimates of the cost of such improvements, made by a competent engineer or architect who has had successful experience in such work, before the question of incurring an indebtedness for such improvement is submitted to vote. Limit of indebtedness. Sec. 5. No city, town, or municipal corporation shall incur an indebtedness for public improvements which shall, in the aggregate, exceed fifteen per cent of the as- sessed value of all the taxable real estate and personal property of such city, town, or municipal corporation. [Amendment approved March 11, 1891. Stats. 1891, p. 84.J Character of bonds. Sec. 6. All municipal bonds for public improvements issued under the provisions of this act shall be of the character of bonds known as serials, and shall be payable in gold coin or lawful money of the United States, in the manner following: One fortieth part of the whole amount of indebtedness shall be paid each and every year, on a day and at a place to be fixed by the legislative branch of the municipality issuing the bonds, together with the interest on all sums unpaid at such date. The bonds shall be issued in such denominations as the legislative branch of the municipality may determine, except tjjat no bonds shall be of a less denomination than one hundred dollars uor of a greater denomination than one thousand dollars Act 2WX). §5 7, 8 IMI.!. I." WORKS. *>« each, payable on bbc flay ancl at the place flxi.l in Bitch l with interest at the ified in tin- bond. which rate shall not be in ezcesa of the It gal rate of the state of California, and may !>• payable annually or semi- annually. Sueh bonfla nay he issued and sold by the legislative branch of the city, town, or municipal corpora- tion, as they ■ rmine, at not It ss tlian their face value, in gold coin of the United States, and the proceeds of such salf shall be placed in tin munieipal treasury to the eredjl of the jir«>[>t r improvement fund, ami shall in applied exclusively to the purposes ami objects mentioned in the ordinance, until Buefa objects are fully aecomuiisbed, r width, if any swrplii- I surplus shall l>> transferred to th< i I fund of Buch municipality. [Amendment approved March L, 1 ^T'-'t, p. Bl. In effect immediately. Repealed all conflict This section w»» In turn repealed by th«» act of March 9. BtatJi. U97, p. T.V This rcp.«l was declared unconstitutional. Bm n >t. at head of this act. Bate of inter Sec. 7. The leg branch of any city, town, or municipal corporation, issuing bonds under authority this act, shall have the ri^ht to determine t l :' in- tt r.->t such bonds shall bear; provided, that in no • shall it exceed sei per annum, and to name the date and place »frbere such bonds and interest shall be paid; provided, that the ['lace of payment shall be either at the office of tin treasurer of the municipality, or at some designated bank in San Francisco, Ohieago, New fork, or Boston. The Baid bonds shall be signed by the the municipality, ami also by the treasurer thereof, and shall 1" countersigned by the clerk. Tin- coupons of said bonds shall be numbered consecutively, an I signed by the treasurer. Tax 1 The legislative branch of said city, town, or municipal corporation shall, at the time of fixing tin eral tax levy, and in the manner for Buch general tax levy provided, levy and coiled annually, each year, for tin term v \ fortj \ ■ its. a tax Bufficieat to pay the annual tntei on tin,!, 'id also one fortieth part oi i gate amount tednesa so Incurred. The taxes herein required to 1" levied and collected shall be in addition to all other taxes levied for municipal pur; 1065 PUBLIC WORKS. Act 2900, § § *», 10 and shall be collected at the same time and in the same manner as other municipal taxes are collected. [Amend ment approved March 1, 1S93. Stats. 1893, p. 61. In effect immediately. Eepealed all conflicting acts.] This section was in turn repealed by the act of March • 9, 1S97, Stats. 1897, p. 75. See note under sec. 6. Duty of corporation. See. 9. It shall be the duty of the legislative branch of every city, town, or municipal corporation wherein public improvements are being made under the provisions of this act, to make all needful rules and regulations for carrying out and maintaining such improvements; to ap- point all needful agents, superintendents, and engineers to properly look after the construction and operation of such public works, and in all lawful ways to protect and preserve the rights and interest of the municipality; provided, how- ever, that in cities, towns, or municipalities operating un- der a charter heretofore or hereafter framed under section 8 of article XI of the constitution, and having a board of public works, all the matters and things required in this section to be done and performed by the legislative branch of the municipality shall be done and performed by the board of public works of such city, town, or municipality. [Amendment approved March 19, 1891. Stats. 1891, p. 132. j Betting of contracts. Sec. 10. All contracts for the construction of comple- tion of any public works or improvements, or for furnishing labor or materials therefor, as herein provided, shall be let to the lowest responsible bidder. The legislative branch of the municipality shall advertise for at least ten days, in one or more newspapers published in the municipality, inviting sealed proposals for furnishing the labor and ma- terials for the proposed improvements, before any con- tract shall be made therefor. The said legislative branch shall have the right to require such bonds as they may deem best, from the successful bidder, to insure the faith- ful performance of the contract work. They shall also have the right to reject any or all bids; provided, however, that in cities, towns, or municipalities operating under a charter heretofore or hereafter framed under section 8 of article XI of the constitution, and having a board of public works, all the matters and things required in this section to be done and performed by the legislative branch Of the municipality shall be done and performed by the Acts 2905, 2910 PUTAH CREEK-QUARANTINE. ->V66 board of public works of such city, town, or municipality. [Amendment approved March 19, 1891. Stats. 1891, p. 132.] Additional bonds of treasurer. Sec. 11. Whenever the legislative branch of any munici- pality shall, by resolution, deem it necessary, they may re- quire the treasurer of such municipality to give additional bonds for the safe custody and care of the public funds. Repealing acts 1885, 18S7. Sec. 12. The act approved March ninth, eighteen hun- dred and eighty-five, entitled An act to authorize munici- pal corporations of the fifth class, containing more than three thousand and less than ten thousand inhabitants, to obtain public water-works, and the act approved March fifteenth, eighteen hundred and eighty-seven, entitled An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations, incorporated under the laws of this state, and all general acts, or special ads, or parts of acts, conflicting with this act, are hereby re- pealed. Sec. 13. This act shall take effect and be in forca from and after its passage. The act of March lo, 1SS7. was also amended by act approved Feb- ruary 16, 1&>9, Statutes 1889, 14. TITLE 388. PUTAH CREEK. ACT 2905. Solano and Yolo counties, protecting from overflow by Putah Creek. [Stats. 1871-2, p. 941.] Repealed 1S73-4, S4. This act provided for the formation of the Yolo and Solano canal ilistrlct for the purpose of protecting certain lands from overflow from Putah Cro-k. TITLE 389. QUARANTINE. ACT 2910. An act to regulate quarantine, and the admission of horses, cattle, sheep, and swine into the state of California from infected distrii [Approved March 19, 1S89. Stats. L889, p. 375.] 1067 QUARANTINE. Act 2910, §§ 1-4 Quarantine against entry of domestic animals. Section 1. The state board of health shall be empowered to declare quarantine against the entry of domestic ani- mals from any state or territory, or any foreign port or country, in which contagious or infectious diseases are known to exist; said infected parts to be named in the proclamation. Entry of, through state board of health. Sec. 2. All domestic animals coming into the state from districts mentioned in section one must be required to en- ter the state at such points only as the state board of health may by proclamation determine, and designate where they must be unloaded for inspection. Evidence of owners. Sec. 3. All owners of domestic animals coming into this state from localities quarantined against will be required to furnish the following evidence that such animals ar free from disease. First — The affidavit of two disinterested parties, who have known such animals for a period of four months prioi to the date of shipment, that they have been healthy, and exposed to no contagious disease, and that no contagious disease is known or believed to exist in the district or coun- try from which they came-. Second— The certificate of the county clerk of the county that persons making such affidavit are responsible and rep- utable citizens of the county. Third— The affidavit of the owner or person in charge, made at the point of entry, that such domestic animals are the identical animals described in the foregoing affidavits, and that shipment has been direct and without unlpadiftg, except for food and water, ana in cleansed and disinfected cars. Affidavit of owners. Sec. 4. Owners or persons in charge of domestic animals from localities not named in such proclamation must cer- tify under oath, that such domestic animals have been kept in one place for a period of four months immediately pn ing the date of shipment (giving the name of the town and county and state, territory, or country), and have uot been exposed to any contagious disease for a period of three months prior to the date of shipment. Act 2910, §5 :. 1: QUARANTINE. 1<)68 Evidence to be submitted. . "). All the foregoing evidence to be submitted to the Btate veterinarian, or an authorized inspector of the state, w -In n permits for shipments in this state shall be Quarantined calves. Sec. 6. Dealers' calves gathered in quarantined states <>r territories will be quarantined at the points of entry. Domestic animals. B«C. 7. Domestic animals not receiving permits for ship- ment, and retained in quarantine, will be heM at the own- risk and expi Sec. 8. All domestic .animals arriving at points' of entry shall be inspected free of charge to the owner. Railway company must have permit. 9, No railway company doing business in this slate shall receive for shipment into this state any domestic ani- mals unless accompanied by a permit signed by an author- ized inspector. Cattle, when not to enter sv Sec. 10. No cattle shall enter this state from (Texas, Mexico, or Mexico, for glazing purposes during the months of March, April, May, June, duly, August, S, pt. ■mber, Oc- tober and November in each ycaTj Shipment for slaughter. 11. All cattle from those parts mentiomd in K ten entering this state during the months mentioned in sec- tion ten, and intended for butchering purposes, shall pasa from the point of entry into the slaughter-house yard, wliiel, yard skill in specially constructed and isolated for the Mir- pose of receiving such Btock. Tin in said yard direct from the cars running into the yards for that puarfM Character of cars. See. L2. Said cattle shall moreover be shipped in sp. einlly ,oi, strutted ears, whieh will prevent the dropping of ma- nure and urine on the traeks during transit, and in un ltfrffl QUARANTINE. Act 291" §5 13 if •ping such cattle the cars shall be thoroughly disinfected with carbolized whitewash. When may be unshipped. Sec. 13. All cattle entering this state for the purposes mentioned in section eleven shall only be unshipped be- tween the point of entry and destination at places set apart by the state board of health in its proclamation; and no native stock shall be allowed at any time to enter said places; said places shall be, moreover, thoroughly disin- fected in such manner as the state board of health may di- rect. Violation of act. Sec. 14. Any person or persons, corporations, or firms, who shall violate any of the provisions of this act shall! be liable for all damages sustained, and a fine of one thou- sand dollars, to be recovered in any court of competent ju- risdiction, on account of any contagious or infectious dis- ease being communicated from any diseased animal to any other animal in the neighborhood, or along the line of such transportation of such diseased animals into or through tins state, or from one part thereof to another; and the existence or presence of such contagious or infectious disease among the native cattle of this state on the same ranch with or in the vicinity of any such diseased animals, or along the line or route over which they were transported, shall be prima facie evidence that the same were affected with such disease at the time of being so removed or transported, and com- municated it to such native domestic animals so affected therewith. Definition. Sec. 15. The words "domestic animals," whenever used in this act, shall be construed to mean and include horses, mules, asses, cattle, sheep, goats and swine. Inspectors to be appointed. i Sec. 16. The state board of health are hereby authorizes to appoint one inspector for each of the points of entrj railroad communication into this state, who shall reside. at such point as may be designated by the state board of! health, and shall receive such compensation for ad vices as may be determined by said board, not to exceed one hundred dollars per month; such compensation to be- Acts 28 RAILROADS. 10 » paid out of any state treasury not other- wise appropriated, upon the warrants of the controller of drawn upon the certificate of the state board of health allowing the same. Sec. 17. This act shall take effect immediately. TITLE 390. RALLBO iBS. ACT 2915. To provide for Incorporation of railroad compani'-.. [Stats. 1881, p. 607.] Amended 1862, 498, 547; 1868, 610; 1865-6. 310; 1867-8. 706; 1869-70, 577. Repealed, see note to act 632, ante. See. also, Cal. Pac. R. R. Co. v. Cent. Pac. R. R. Co.. 47 Cal 528. Cal. Rep. Cit. 41. IN; 42. ;06; 46. 312; 47. 619; 49. 397; 60. 349; 68, 69; 52. 61; 63. 469; 66. 609; 66. 611; 71, 85; 75, 645; 109. EM; 115, 590; 129, 640. ACT 2916. Supplementing statute eoncprning railway corporations. p. 498.J Repealed by sec. 288, Civil Code. See note, act 632, ante. ACT 2917. Permitting and authorizing railway and other corporations organized under the laws of this state, or of any state or territory, or any act of congress, to do business in this state on equal terms. [Stats. 1880, p. 21.] Cal. Rep. Clt. 116, 103. Partly codified by amendments of Civil Code, 1905. See notes to §5 405. 473a, Civil Code. This act also authorised one railroad corporation to lease the road of another corporation and to acquire the lease of Its road. It is contained In full In the Civil Code. Appendix, p. 764. ACT 2918. Nevada County, railroad from Colfax to Nevada City, pro- viding for. [Stats. 1873-4, p. 492.] ACT 2919. Railroad from Marysville to Knight's Landing, construction of, and regulation of freights and fares. [Stats. l v p. 760. J 1071 RAILROADS. Acts 2920-292* ACT 2920. Commissioners of transportation, appointment of. [Stats 1875-6, p. 783.] Repealed 1877-8, 969. Cal. Rep. Cit. 62, 506. ACT 2921. Concerning the powers of the railroad commissioners. [Stats. 1S80, p. 45.] Cal. Rep. Cit. 79, 164; 105, 320; 132, 678; 132, 687. Partly codified by amendment of Civil Code, 1905. See note to 9 *89, Civil Code. This act appears in full in Civil Code, Appendix, p. 766. ACT 2922. To provide for the construction of a railroad from lone to Sutter Creek or Jackson. [Stats. 1877-8, p. 841.] ACT 2923. Granting right of way and station grounds to the Southern California Railway Company over a portion of the asy- lum grounds in San Bernardino County. [Stats. 1893, p. 121.] ACT 2924. Relating to the operation of railroads. [Stats. 1893, p. 208.] Cal. Rep. Cit. 121, 658. Codified by amendment of Civil Code, 1905. See note to 5 465a, Civil Code. This act appears in full in Civil Code, Appendix, p. 772. It au- thorized railroads using steam to use electricity or steam, or both, provided that in incorporated cities of more than 5,000 Inhabitants au- thority must be obtained. ACT 2925. To compel the operation of railroads. [Stats. 1880, p. 43. J Codified by amendment of Civil Code, 1905. See note to fi 468, Civil Code. This act appears in full in Civil Code, Appendix, p. 765. ACT- 2926. To provide for the management and operation of railroads above certain elevations. [Stats. 1897, p. 5.J Codified by amendment of Civil Code, 1905. See note to § 468. Civil Code. This act appears in full in Civil Code, Appendix, o. 766. Acts2lC RAILROADS. 1OT2 ACT 2927. To enable railroad companies to complete their roads. | Stats. 1X77-8, p. 944.] This act appears In full In Civil Code, Appendix, p. 763. ACT 2928. To ratify ordinances passed by the governing bodies of mn- nicipal corporations, giving permission to propel cars by el( etricity. j stats. MM, p. 12.] Th;> is In full In Civil Code. Appendix, p. 763. ACT 2929. Rates <>(' tar. on street railroads in cities of more than one hundred thousand inhabitants. [Stats. 1877-8, p. 18.] This act appears in full In Civil Code. Appendix, p. 771. ACT 2930. Requiring street railroad corporations to allow United States mail carriers to ride free of charge. [Stats. 1893, p. -M.| This act appears in full in Civil Code. Appendix, p. 77J. ACT 2931. An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads beyond the limits of such cities or towns hading to public parks owned thereby.] [Became a law, under constitutional provision, without gov- ernor's approval, March 1, 1S97. Stats. 1897, p. 46.] The people of the state of California, represented in th ■ Benate ami assembly, do enact as follows: Sec! inn 1. It shall be lawful for the council, trust- other governing body of anv city or town owning public parks Situated outside of said city or town, to grant fran- chises for the building and operation of railroads from anv point in, or at the cxttiior boundary of such city or town, to, in, or through such park, in the same manner and to the same extent as it now has power to grant the same foi street railroads within the limits of such city or town; pro vided, that in addition to all other conditions, it shall In made a condition of such franchise that the fare of pa- gers on such road or roads shall never exceed five cents l'oi a single trip. 1073 RAMIE CULTURE— RECLAMATION DISTRICTS. Acts 2932-'>9,1 Sec. 2. All railroads, except as otherwise provided in this act, authorized by this act to be so chartered shall be governed by the provisions of part four, title four, of the Civil Code of* California, concerning street railroads and corporations, so far as the same shall be applicable thereto, and of all acts amendatory thereof. Also by the provisions of "An act providing for the sale of railroad and other franchises in municipalities and relative to granting of franchises," approved March twenty-third, eighteen hun- dred and ninety-three. Sec. 3. This act shall take effect immediately. ACT 2932. To promote the safety of employees and passengers upon street railroads, by compelling equipment of cars and dummies with fenders and brakes, and to prescribe penalties. [Approved March 22, 1899. Stats. 1899, p. 183.] Codified by amendment of Penal Code, 1S05. See note to J 369a, Penal Code. TITLE 391. RAMIE CULTUEE. ACT 2937. To encourage the cultivation of ramie in, the state of Cal- ifornia, to provide a bounty for ramie fiber, and to make an appropriation therefor; to appoint a state su- perintendent of ramie culture, and make an appropria- tion for his salary. [Approved March 31, 1891. Stats. 1891, p. 283.] Cal. Rep. Cit. 94, 435. Unconstitutional. (M"rray v. Colgan, 94 Cal. 435.) TITLE 392. * RECLAMATION DISTRICTS. ACT 2941. An act to create a reclamation district, to be called "Rec- lamation district number seventy," and providing for the control and management thereof. [Approved March 21, 1905. Stats. 1905, p. 717. J Gen. Laws — 6S Acts 2Si. RECLAMATION DISTRICTS. 1074 ACT 2942. Providing for funding of indebtedness of. [Stata. 1871-2, p. 836.] Amended 1873-4, 237. ^Si; 1S75-6. 8S8, Cal. Rep. Cat. 45. 367. ACT 2943. San Joaquin County, Mormon Slough, authorizing inhabi- tants of to form a reclamation district. [Stats. 1871-2, p. 709.] ACT 2944. 8uttf swamp-land district No. 17, in San Joaquin County. [Stata IS p. 781.] 1075 RECLAMATION DISTRICTS. ACTS 2951 -i'Jo9 ACT 2951. Providing for the payment of interest on trustees' orders against certain swamp lands. [Stats. 1871-2, p. 802.] This act related to swamp land districts Nos. 50 and 54. ACT 2952. Eeelamation district No. 54, Sacramento County, ratifying. [Stats. 1877-8, p. 530.] ACT 2953. Sutter County, relating to swamp-land district No. 70. [Stats. 1871-2, p. 719.] This act provided that the warrants should bear interest. ACT 2951. Swamp-land district No. 70, to reorganize. [Stats. 1877-8, p. 580.] Amended 1S91. 62. ACT 2955. To legalize the acts of the supervisors of Yolo County in forming reclamation district No. 108. [Stats. 1871-2, p. 776.] Cal. Rep . Cit. 52, 188; 53. 350. ACT 2956. Reclamation district No. 108, relating to unpaid warrants and assessment in. [Stats. 1871-2, p. 696.] Repealed 1903. 53. This act provided that unpaid assessments and warrants bear in- terest. ACT 2957. Contra Costa County, swamp-land district No. 118, relative to. [Stats. 1873-4, p. 689.] This act validated certain acts relating to. ACT 2958. Swamp-land reclamation district No. 118, act relating to assessment in. [Stats. 1875-6, p. 140.] Unconstitutional. (People v. Houston, 54 Cal. 536.) ACT 2959. Reclamation district No. 124, Colusa County. [Stat3. 1873-4, p. 957.] Cal. Rep. Clt. 68, 516. This act legalized this district. Act • RECLAMATION DISTRICTS. 1J76 ACT 2960. Swampland district Nbj 150, Yolo County, formation of. [Stats. 1873-4, p. 88*.] Cal. Rap cit. as, 52. ACT 2961. To create :nnl organize reclamation district No. 205, Sacra- mento County, [Mats. l877->8, p. 911.] Cal. Rep. Clt. 117. 122. ACT 2962. Swamp-land district No. 221. San Joaquin County, legalising. | Stats. 1877 B, p. 434.] ACT 2963. Bechtmatttra diitrr eramento County, establish- ing, i Stats. I8f74 H.1 ACT 2964. Creating reclamation district No. 2YJ, Sacramento County. [Stats. 1877-8, p. 909.] ACT 2965. Swamp-land district No. 307, Yolo County, legalising pro- ... dings in. [Stats. 1877-6, p. 260.] ACT 2966. Reclamation district No, .*> 1 7 . Sacramento County, creating. [stats. 1877-8, p, 562. J ACT 2967. Sacramento County. Bwamp lands in, funds for. [Stats. 1871 2, p B81.] Repealed 1S73-4. 274 This ! to districts Nos. 50 and 54. ACT 2968. Sacramento County, delinquent reclamation assessments, collection of. [Stats. Is;;; |, ,,. 885.] Superseded by County Government Acts, (l.jnch v. ilutte O'unty, 101 Cal. IHV) ACT 2969. San Joaquin County, re clama tion districts in. [Stats 1875-6, p. 2S1.J ACT 2970. To create and establish two n. w re. da ma t ion district- this itate, to be known, respectively, aa Union Island Reclamation District No. 1, and Union Island 1077 RECLAMATION DISTRICTS. Acts 2971-2975, § 1 tion District No. 2, embracing within their respective territorial limits a portion of Union Island, in San Joa- quin County; to define the boundaries of such districts, and provide for the organization and government thereof, and to dissolve all other reclamation districts in conflict therewith. [Approved February 23, 1903. [Stats. 1903, p. 37.] ACT 2971. Yolo and Solano counties, supervisors, powers of. [Stats. 1873-4, p. 602.] This act authorized the supervisors to approve petitions for the formation of reclamation districts. ACT 2972. To facilitate equalization of assessments in reclamation dis- tricts. [Stats. 1881, p. 68.] ACT 2973. To subject certain reclamation districts to the provisions of the Political Code. [Stats. 1885, p. 77.] This made districts organized prior to January 1, 1873, subject to the provisions of the code. Cal. Rep. Cit. 144, 644; 144, 646. ACT 2974. Providing for the dissolution and annulment of reclama- tion districts for non-user of corporate powers. [Stats. 1899, p. 13.J ACT 2975. An act providing for the issuing of bonds by reclamation districts, and the disposal tnereof for reclamation and other purposes, and their payment by taxation upon the property situated in such reclamation districts. [Approved March 27, 1895. Stats. 1895, p. 197.] The people of the state of California, represented in senate and assembly, do enact as follows: Sec .ion 1. Whenever, in the opinion of the board of trustees of any reclamation district now formed, or here- after to be formed, under any law of this state, the cost of the works of reclamation according to the plans thereof will be too great to be raised by assessments as provided in th^ Political Code, said board of trustees shall order a special election to be held at some place in said distriet to be des- "LAMATION DISTRICTS. l.T? I <>f trustees, at which said special election Bhall be submitted to the owners of lan issui .1 in an amount necessary to construct said Murks of reclamation, which said amount shall be es- timated by Bald board of trusters, and stated in the order for BUCb S ['i cial election. 2. Notice of such special election must be given by the board oi tiibtna by posting notices thereof in at least three public places in the district, at least twenty days prior tliT' blication for the same time in s r publish* d m each county in which any portion aid district may b i. it" tin re be a newspap* r published in each of such counties, and if there is no news- paper so published, then by such publication in each county in which tin re is a newspaper published, and such notice must Bpecify the time and place of holding such election, amount ol bonds proposed to be issuid, and the names of three land holders of the district to act as a board of ion. At such election each holder of lands in the dis- trict Bhall !"• entitled to vote in person or by proxy, and shall havi toe right to cast one vote for each dollar's worth ot r- 1 by him in the district, the value thereof to bo determined from the next preceding assessment roll of the county wlnn the same is situated; an.l the board of trustees of the district shall, prior to the election, procure from tin of each county where any portion of the district is situated, a list, certified by such assessor, con- taii icription of all the land of the district situ in such county, the name of the person to whom each tract jed, and the value thereof as appears from the assess- ment roli ty, which said list shall be furnished to and be used by the said board of election in determin- ing tin number of votes each voter is entitled to cast. No person shall vote by proxy at such election, unless author- ity shaU be evidenced by an instrument. in writing, duly acknowledged and certified as grant- real property, and filed with the board of election. The },;,li. i election shall contain the words "Bonds rords M Bonda No," and also the name of the person the ballot, with the number of ■ by him; and a list of the ball taall \n made bv the board Of election, containing th( name of the \ 1079 RECLAMATION DISTRICTS. Act 2975, §§ 4, 5 arid if the ballot be cast by proxy, the name of the person casting it, the number of votes cast, and whether the same be cast for or against the issuing of the bonds. Sec. 4. If the persons, or any of them, appointed and specified in the notice of election as the board of election fail to attend at the time and place appointed for the elec- tion, the voters present at the time for opening the polls may appoint any land-holder of the district then present to fill the place of any absent member thereof. Each member of such board of election must, before entering upon his duties as such, take an official oath as such member of the board of election, which said oath may be administered by any officer authorized to administer oaths, or by any land- holder, in the district. The polls shall be kept open for the reception of votes from ten o 'clock A. M. until four o 'clock P. M. At the close of the polls the board of election shall at once proceed to canvass the votes, and declare the re- sult and forward a certificate, showing" the number ol votes cast for and against the issuing of bonds, to the board of supervisors of the county where the district was formed, and deliver a duplicate thereof to the board of trustees of the district, and shall also deliver to the said board of trus- tees all ballots cast at such election, and all documents and papers used at such election. Sec. 5. If a majority of the votes. cast at such election are in favor of the issuance of bonds, the board of trustees of the district shall cause bonds in the amount stated in the order for election to be issued and placed in the custody of the treasurer of the county in which the district was formed. Said bonds shall be of the denomination of one hundred dollars each, shall be negotiable in form, signed by the president of the board of trustees of the district, and the chairman of the board of supervisors of said county, and attested by the clerk of said board of supervisors, and the seal of said board of supervisors, shall be numbered consecutively as issued, and bear date at the time of their issue, and shall express on their face that they were issued by authority of this act, stating its title and date of ap- proval, and the date of the election at which their issuance was authorized. Said bonds shall bear interest at the rate of seven per cent per annum, payable semi-annually on the first day of January and the first day of July in each year, at the office of said county treasurer, upon the presentation of the proper coupons therefor. Coupons for each install- Act 2U75, §5 6-« RECLAMATION DISTRICTS. 1080 nunt o| interest shall be attached to said bonds, and shall bo niilllf 1 1 ili, signed, I • d. in the same manner as the bpnd. The principal of said bonds shall be paid M follows, to wit: Ten per eent ot' the whole amount of bonds • I. according to their consecutive numbers, shall be paid in ten years from the date of their issue, at the ofliee of said county treasurer, and ten per cent thereof each succeeding thereafter, until all are paid. If any bond shall not I,, presented for payment when the same becomes due, it shall .,..-. to draw interest; but if presented at such tim<\ and not paid for want of fund- ; county treasurer shall so indorse it. and thereafter such bond shall draw in- terest until paid, .'it said rate of seven per cent per annum, payable b< mi annually. Bosmty shall [dace the bonds ired pursuant to this act to the credit of said district, and m;iv at any time sell any of said bonds for the price obtainable therefor, but in no event for less than tho \alue of said bond, and the accrued interest thereon. Any money derrtrd from I laid beads by said county tr all be placed in the treasury to the credit aid district, and a proper record of such transaction b-J placed upon tea books of said treaaaretti 7. The board of trustees of said district may draw Orders Upon the said • ..aide in bonds or money i> the proportion and to the amount therein named, to pay fe* lal 'ormed for, or materials or property furnished to. said district, for the pnrpoee of con- structing the reclamation works thereof, and the sxpei v incident to maintaining the same, and the con- tiagent • sid district, which said orders shail be approved by the board of supervisors 01 the county win re such .i strict was formed, ami tln-r. .•.;:• r be paid by sail ■ in tlie manner therein presided for if such bonus or money then remaining in said treasury to the credit vi said district be sufficient to pay the same. Sec. 8. The principal of said bonds, and the interest r. on. shall be paid by revenue derived from a tax li U p 0U ti,, !e real property ot' the district, and the board of supervisors of the county wherein said district termed, at the time of making the levy of I ity purposes, must levy a tax for that year, upon ble real property in such district, sufficient to pay the intt rest which may Income due upon said bonds (iUriu/ 1081 RECLAMATION DISTRICTS. Act 2975, § § i, 10 Buch year, and if any portion of the principal of said bonds will become due during such year, then also in an amount sufficient to pay such portion of said principal. All taxes so levied shall be computed and entered on the assessment roil of the county where such land may be situated, by the county auditor, and collected by the tax collector, at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district. Sec. 9. When such district is situated partly in different counties, the assessor of said county, or counties, other than the county where the district was formed, and in which any portion of such district may be situated, shall, prior to the time when the board of supervisors meets to make the levy for county purposes in each year, certify to the board of supervisors of the county where such district was formed, a statement of the total value of all the taxable real prop- erty of said district, situated in his county; and when such board of supervisors shall have determined the rate of tax- ation necessary to be levied upon such property, the clerk of said board of supervisors shall certify the same, under the seal of said board, to the auditor of any county other than the county where such district was formed, and such auditor shall thereupon compute the tax and enter the same upon the assessment roll of said county. When any taxes shall have been collected under any of the provisions of this act, and placed in the treasury of any county other thaa the one in which said district was formed, the treasurer of such county must, when requested so to do by the board of trustees of said district, forward all money in such treas- ury to the county treasurer of the county in which such district was formed, who shall receive and receipt for the same, and place such money in the treasury of such county to the credit of said district. Sec. 10. No assessor, tax collector, treasurer, or clerk shall receive any f-ee for any service required to be per- formed by "them" under the provisions of this act. All ex- penses necessarily incurred in carrying out the provisions of this act shall be paid out of any money to the credit of the district for which the services are performed in the treasury of the county where the district was formed, upon the order of the board of trustees of said district, approved by the board of supervisors of said county. Nets 2976. C0T7 RECLAMATION DISTRI-''t s - 1S73-4, p. 32.] This .id ( name from Redding to Reading. TITLE 397. BSD MKN. ACT 3005. Concerning corporations fur ehnritable and hinenVinl pur M9«I0, i This act en&Med an\ tfca ImfJrt or any other society for charl' i.<-uclal purposes, to 1: porate. See note to act «B:. ante TITLE 398. REDWOOD ed uiuli r authority of law luive been lust or destroyed 1>\ conflagration <>r other publii calamity. [Approved June 16, 1906.] 1084a RESTORATION OF RECORDS. Act 301-1 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever any public board or officer is author- izecl by law to issue any certificate of any kind, and the records in the office of such board or officer show the issu- ance of such certificate, and it is made to appear by affi- davit that such certificate has been lost or destroyed by conflagration or other public calamity, such board or offi- cer may issue a duplicate of such certificate, which shall recite the issuance and loss or destruction of such original certificate, and shall have the same force and effect as such original certificate; provided, that this act shall not apply to certificates of acknowledgments. Sec. 2. This act shall take effect immediately. ACT 3014. An act to provide for the copying of books, documents, maps or records required by law to be kept or pre- served by city, county, or city and county officers, which have been damaged by conflagration or other public calamity. [Approved June 16, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever any book, document, map or record required by law to be kept or preserved by any city, county, or city and county officer has been or may hereafter be damaged by conflagration or other public calamity, it shall be lawful for the board of supervisors, or board of trustees, of the city, county, or city and county in which the same is required to be kept or preserved, to cause such book, document, map or record to be copied and transcribed into a new and well-bound book. Sec, 2. Said book, document, map, or record, when so copied or transcribed, shall be carefully compared with the original thereof, and when the same shall have been so copied and compared with the original thereof, the per- sons who have done such comparing shall each make an affidavit which shall be incorporated into the book, docu- ment, map or record as copied, that said books document, map or record and each and every part thereof is a true copy of the original book, document, map or record and each and every part thereof; that the matter of record ^ which appears upon every page of the original appear* aloo upon Act 3015, § 1 nESTOKAHON OF RECORDS. 108th the same page of the COpyj and that no matter of record ap- ]i< ars upon any page of the copy which is not to be foand upon tin- same page of the original. Said book, document, map ot r< ."r.1 shall also be authenticated under the hAnd of tin- officer having the custody thereof, to the effect that t ho same is a true BOpy of the original book, docu- ment, map or record so dam 3. Any such new book, document, map or record copied and authenticated a* above provided, shall be prima facie evidence of the contents of the original book, document, map or record; and it shall bear tin same name and designation as the original thereof, and certified copies of any instrument so copied into it shall bav< tb< same force and effeel as certified copies of the original made from the original hook. Sir. i. The board of supervisors or hoard of trustees of such city, county, or city and ..unity, may make such provision fur the payment fur copying and transcribing th< books, documi ots, maps ami records under this act, out of tto city, county, or city and county treasury, as to them may «-■< m reasonable, not exce.ding the amount now authorized to he receivey for copying and recording the inals thereof, and tin saUM |hal] he a charge against tin city, county, or city and county. ">. This act shall tal immediately. ACT 3015. An ad relating to the restoration of court records which have been lost, injured ..r destroyed by conflagration or r public calamity. [Approved Jons 16, 1906.] The people of th. California, represented in senate and assembly, do i nact as follows: on 1. Whenever in any action or special pi in-, civil or criminal, in any court of thi; state, anv judgment, decree, order, document, reoord, paper, pn or tile, or any part thereof, shall lav. been or shall hereafter he lost, injured or destroyed by reason of conflagration or other public calamity, any party or person interested t in may, on application by a duly verified petition in writ- ing to such court, and on showing to the satisfaction of such court that th. same has hi . n lost, injured or destroyed by conflagration or otheT public calamity, without fault .r in gleet of the party or person making such application, obtain an order from - : upon notice given as pro- 108 4° RESTORATION OP RECORDS. Act SDK, § . vided in section 1010 to lull inclusive of the Code of Civil Procedure, authorizing such defect to be supplied by a dulv certified copy of such original, where the same can be ob- tained, which certified copy shall thereafter have the same effect in all respects as such original would have had. Sec. 2. Whenever in any action or special proceeding, civil or criminal, in any court of this state any judgment, decree, order, document, record, paper, process or file, or any part thereof, shall have been or shall hereafter be lost, injured or destroyed by reason of conflagration or other public calamity and such defect cannot be supplied as pro- vided in the last section any party or person interested therein may make written application to the court to which the same belongs, verified by affidavit or affidavits, showing such loss, injury or destruction, and that certified copies thereof cannot be obtained by the party or persons making such application, and that such loss, injury or de- struction occurred by conflagration, or other calamity, with- out the fault or neglect of the party making such applica- tion, and that such loss, injury or destruction, unless sup- plied or remedied will or may result in damage to the party or person making such application, and thereupon such court shall cause notice of such application to be given, as provided in section ten hundred and ten to ten hundred and seventeen, inclusive, of the Code of Civil Procedure. If, upon such hearing the court shall be satisfied that the statements contained in such written application are true, the court shall make an order recitiug what was the sub- stance and effect of such lost, injured or destroyed judg- ment, decree, order, document, record, paper, process or file, which order shall have the same effect that such original would have had if the same had not been lost, injured or destroyed so far as concerns the party or persons making such application, and the persons who shall have been noti- fied, as provided for in this section. The judgment, d eree, order, document, record, paper, process, or file in all cases where the proceeding is in rem including probate, guardianship and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and notice by publication or po all persons who have not appeared for not less than ten days, as the court may order, and the same when res: shall have the same effect upon all persons who ! ' personally served with notice of such application a. original, and as to all other persons the sam< • '< ih he prima facie evidence of the contents of such original. Act 3016 RESTORATION OF RECORDS. 10841 Sec. 3. If an appeal shall have been taken in any action or special proceeding in any superior court in which the record shall have been subsequently lost or destroyed by conflagration or other public calamity, to a district court of appeal or to the supreme court, and a transcript of such record has been filed in such district court of appeal or in the supreme court, any party or person interested in the action or special proceeding may obtain a certified copy of such transcript, or of any portion thereof, from the clerk of the district court of appeal, attested by the pre- siding judge thereof, or from the clerk of the supreme court, attested by the chief justice, and may file such cer- tified and attested copy of such transcript or of any part or portion thereof in the office of the clerk of the superior court from which such appeal was taken. Thereupon such certified and attested copy of such transcript or of any part or portion thereof may be made the basis of any further proceedings or processes in such superior court in such action or special proceeding to all intents and pur- poses as if the original record so copied, certified and at- tested, or the part or portion thereof so copied, certified and attested, were on file. Sec. 4. This act shall take effect immediately. ACT 3016. An act to provide for the reproduction of the register of the Board of Medical Examiners, the Board of Dental Ex- aminers, or the Board of Pharmacy, where the same has been destroyed by conflagration or other public calamity. [Approved June 16, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the register or book of registration of the Board of Medical Examiners of the State of Cali- fornia, the Board of Dental Examiners of California, or the Board of Pharmacy, has be< d or may hereafter be de- stroyed by fire or other public calamity, the board whose duty it is to keep sueh register or book is hereby au- thorized to reproduce such r< gister or book so that the same may show as nearly as possible the record existing in the original register or book at the time of such destruction. Sec. 2. For the reproduction of the destroyed register or book the board shall make use of such existing official 10S4e RESTORATION OF RECORDS. Act 3016a printed registers, books, or matter, certificates, affidavits to be presented, or other official information as may be avail- able and which may appear, to said board to be authentic, and upon the completion of the said reproduction said board shall by resolution adopt such reproduced register or book as the register or book of said board, and there- after the same shall be taken and used to all intents and purposes as well for evidence as otherwise as if the same were the original register or book. Sec. 3. This act shall take effect immediately. ACT 3016a. An act enabling the restoration of an assessment roll when the same has been destroyed. [Approved June 16, 1906.] The people 01 the state of California, represented in senate and assembly, do enact as follows. Section 1. Whenever, through loss by fire, or other pub- lic calamity, the assessment roll of a city, city and county, county or other political subdivision of the state in course of preparation by the assessor of any city, city and county, county or other political subdivision of the state, shall have been or shall be destroyed and such burnt or destroyed record shall have been reconstructed from such data as is available, it shall be lawful for the assessor at any time prior to the sale for delinquent taxes after such assess- ment is compiled, to correct any assessment erroneously made, provided, however, that any correction so made shall at once be certified to in writing by the assessor, to the tax collector, the auditor and the state controller, and provided, further, that the assessor shall enter opposite said assessment on the assessment roll, the date and nature of said correction. Such change shall be recognized by any city, city and county, county or state official whose duty it is to make or exact a financial statement based on said assessment roll, and in making such settlement any altera- tions resulting from such changes shall be recognized by such officials. Sec. 2. This act shall take effect immediately. Acts > REVENUE— RODEOS. M81f TITLE 399. REVENUE. ACT 3017. To proyide revenue for the support of the government of the Btate. [Stats. 1861, p. 419.J Am. 171, 172, 242, 254, 266. 538, 553; 1863, 30, 122, 160, 712, 721, T 15, 71, 92, 254, 499, 513; 1865-6, 607, 660, 802, 399. Cal. Rep. fit. 43, 6.".3; 47. 150; 47, 618; 63, 531; 70, 605; 70, 606; 70, 507; 119, 685. See as to this statute Tolo Co. v. Colgan, 132 Cal. 265. RIO VISTA. See title Brazos del Rio, ante. TITLE 400. RIVKIJSIDK COUNTY. ACT 3022. To create the county of Riverside, classify it, define its boundaries, provide for its organization, and the ap- point nit nt. eleotioa of officers, the location of county stat l>v cl.ct ion, and tin- adjustment and fulfillment of bs and obligations arising between such county and certain other counties. [Approved March 11, L893. btai s. L893, p. 15s. J ROADS AND HIGHWAYS. Sec Highways; Parks. TITLE 401. ROD! ACT 3027. To regulate rodeos. [Stats. 1851, p. 445.] Ami ' ; : 1858, 70; 1S61, 180; 1866-6, 673; 1873- 4, 793, \ 155. Bee. 23; Fol. Code, nee. 19. 1085 ROUGH AND READY— SACRAMENTO CITY. Acts 3028-3041 ACT 3028. Supplemental to act concerning rodeos. [Stats. 1858, p. 155.] TITLE 402. BOUGH AND READY. ACT 3033. To change the name of the town "Rough and Ready," in Scotts Valley, Siskiyou County, to Etna. [Stats. 1873-4, p. 346.] TITLE 403. SACRAMENTO CITY. ACT 3038. Boundaries, establishing. [Stats. 1873-4, p. 191.] Superseded by the charter of Sacramento, 1893, 547, sec. 6. . ACT 3039. To incorporate. [Stats. 1863, p. 415.] Supplemented 1S63-4, 258, 295. Amended 1863-4, 198, 484; 1865-6, 639; 1867-8, 310; 1869-70, 339; 1871-2, 243, 697. 768, 860; 1877-8, 590; 1889, 148. Superseded by the charter ratified May 17, 1S92, Stats. 1893, 545. Cal. Rep. Cit. 41, 70; 85, 411; 85, 412; 89, 391; 96, 43; 102, 111; 106, 127; IIS, 394; 118, 39S; 118, 400. ACT 3040. Election of attorney for. [Stats. 1877-8, p. 173.] Superseded by chapter 49 of the charter of Sacramento, 1893, 563. ACT 3041. Auditor and ex-offieio clerk of board of trustees, salary of. [Stats. 1873-4, p. 714.] Repealed by the charter of Sacramento, 1893, 547. ACT 3042. Redemption of funded indebtedness. [Stats. 1871-2, p. 546.] Amended 188?, 75; 1SS9, 325. All of these acts repealed 1899, 85. Cal. Rep Cit. 71, 312. ACT 3043. To confer upon Sacramento City the power to construct canals and levees. [Stats. 1S77-8, p. 852.] See charter of Sacramento, 1S93, 547, sec. 70. Acts 3d. • SACRAMENTO CITY. lo!» ACT 3044. Authorizing George W. Ohesley to lav gas-pipes in. [Stats. n-2, p. 730.] ACT 3045. Establishing and maintaining I dispensary in. [Stats. 1871-2, p. 531.] Probati'y repealed by art. XII of the charter of Sacramento. 1SS3, 598. ACT 3046. To provide for the drainage of Sacramento City, and of mp land district number two. [Stats. 1867-8, p. 127.] -. 864. CIt. 62, 560; 59. 597. ACT 3047. Establishing paid fire department in. [Stats. 1871-2, p. 866.] Pup; !< ni'rit. ,1 1S73-4. J06. Superseded by art X of the charter ot Baerai ' 591-095. ACT 3048. mpt Firemen's Association of, organizing. [Stats. 12, p. 715.] ACT 3049. Expert, appointment of. [Stats. 1875-6, p. 362.] lied by the charter of Sucramento. ACT 3050. Authorising suit i 'm Hoagland et al. [Stats. 1875-6, p. 214.] Amended 1875-6. 365. ittoi :il (H'fifcland v. Sacramento, 62 Cal. 142.) ACT 3051. Citv and county, streets and roads in. [Stats. 1873-4, p. amended 1S75-6. by repealing sec. 1. p. 303. ACT 3052. improvement of. [Stats. 1875-6, p. 157.] ed by the charter of Sacramento, 1893, 646. ACT 3053. Legalizing the assessment of a street tax. [State ,.. B96.] institutional. (People v. Lynch. 61 Cal. 15.) 1087 SACRAMENTO COUNTY. lets 3054-3CHS ACT 3054. Legalizing street assessment in. [.Stats. 1873-4, p. 691.] Unconstitutional. (People v. Lynch, 51 Cal. 15.) ACT 3055. Payment oi school moneys into the treasury of. [Stats. 1875-6, p. 860.] ACT 3056. Granting swamp lands to. [Stats. 1857, p. 155.] ACT 3057. Further powers of board of trustees. [Stats. 1875-6, p. 624.] Amended 1S77-8. 840. Superseded by the charter of Sacramento. ACT 3058. Eelative to boards of trustees. [Stats. 1877-8, p. 639.] Superseded by the charter, 1893, 545. ACT 3059. Collection of water rates in. [Stats. 1877-8, p. 369.] Superseded by the charter, 1893, 545. TITLE 404. SACEAMENTO COUNTY. ACT 3064. Government of. [Stats. 1873-4, p. 909.] Amended 1875-6, 280; 1877-8, 267. Superseded by County Govern- ment Acts, see 1897, 452. ACT 3065. In relation to assessor of. [Stats. 1877-8, p. 87,] Repealed by County Government Acts, see 1897, 507, sec. 162. ACT 3066. Fixing compensation of district attorney. [Stats. 1871-2, p. 863.] Superseded by County Government Act, 1897, 452. ACT 3067. East Park, protection of property of. [Stats. 1873-4, p. 465.] ACT 3068. Fees of justices of ths peace and constables in. [Stat?. 1S73-4, p. 863.] Repealed by fee bill, 1S95, 270, 272. Acta 30-' SACRAMENTO COUNTY. 10*8 ACT 3069. Fees ol office and compensation of officers. [stats. 1^73-4, p. 204.] Sapplemen ded as to the Ofttofira therein named by the fee bill ;mJ County Government Act, 1837, 45i ACT 3070. To provide an additional judge for. [Stats. 1S95, p. 48. J ACT 3071. Board of levee commissioners, additional powers conferred on. [Stats. L877-8, \>. 73.] . 863. ACT 3072. tenting oonetraction rind repair ol levees in Sacra- mento County. [State* 1862, p. 151.] Am. i I. 468 CaJ. | K8. ACT 3073. Additional aotaries pnolie in. | stats-. is:i 2, p. 881.] Tills act i appointment of four additional DO ACT 3071. Transcribing '"• I Stats. 1S73-4, p. 475.] ACT 3075. Public roads in. [Stat p. 858.] .. sec. 2, and by Count;, ACT 3076. Roade in. [stats. L873 1, p. 723.] : | Me. 1. 1 ACT 3077. kiiawine certain persons to tak( n ol and wv ^ prove a -Main road in. [State. L873-4, p. 5! ACT 3078. r atrictina Bheep from being herded or running at larg [Stats. 1875 8, p. S As to running a 10S9 SALINAS CITY— SAN ANTONIO CREEK. Acts 3079-309"! ACT 3079. Eelating to president and clerk of board of supervisors of. [Stats. LS71-2, p. 721.] Repealed by County Government Act, 1897, 452. ACT 3080. Denning powers of board of supervisors of. [Stats. 1871-2, p. 216.] Repealed by County Government Act, 1897, 452. ACT 3081. Prescribing the manner of counting the moneys in tho hands of the treasurer of. [Stats. 1875-6, p. 831.] Superseded by County Government Act, 1897, 483, sec. 115. TITLE 405. SALINAS CITY. ACT 3086. Incorporation of. [Stats. 1873-4, p. 242.] Repealed 1875-6, 119. ACT 3087. Eeincorporating. [Stats. 1875-6, p. 94.] Amended 1S95, 206. Superseded by charter 1903, p. 599. TITLE 406. SALINAS BIYEE. ACT 3092. To declare Salinas Eiver in Monterey County, a navigable stream. [Stats. 1861, p. 49.] Incorpoiated in Political Code, sec. 2349. TITLE 407. SAN ANTONIO CEEEK. ACT 3097. To declare navigable the Arroyo del San Antonio or Keyes Creek, in Marin County. [Stats. I860, p. 126.] Amended 1873-4, 564. Incorporated In Political Code, sec. 2349. Gen. Laws— 69 Act 3098-3110 SAN DENITO COUNTY-SAN BERNARDINO CITY. K'W ACT 30S8. To authorize the construction of a swing or drawbridge across the Ban Antonio Creek, in Alameda County. [Stats. 1869-70, p. 693.] Amended 1871-2, 83. TITLE 408. SAN BENITO COUNTY. ACT 3103. Act C rent in g. [Stats. 1873-4, p. 95.] Bupplenrai t 1 The latter act supplemented 1876-6, 177. Original act amended 180, 103. ACT 3104. Provisions of act of 1873-4, p. 50, to prevent trespassing of animals, made applicable to. [Stats. 1873-4, p. 474.] Repealed 1877-8. 176; lS'.T, 198. ACT 3105. Licenses in. [Stats. 1877-8, p. 272.] Superseded by Political Code, sec. 3366. as amended 1901, 636. and by County Government Acts, see 18U7, 473, sec. 66. ACT 3106. Legalizing transcribed records of. [Stats. 1875-6, p. 512.] ACT 3107. Directing the transcription of matters of record from no and Merced counties to San Benito County. [Stats. 1SS9, p. 107.] ACT 3108. is and highways in. [Stats. 1877-8, p. 273.] Repealed 1&S3, 6, chap. X, sec. 2. TITLE 408a. SAN BERNARDINO CITY. ACT 3110. Charter of. [Stats. 1905, p. 940.] 1091 SAN BERNARDINO COUNTY. Acts 3U3-'il23 TITLE 409. SAN BERNARDINO COUNTY. ACT 3113. Making act protecting agriculture, and preventing the tres- passing of animals. [Stats. 1871-2, p. 510.] Repealed provisionally, 1873-4, 190; also 1897, 198; 1901, 603. ACT 3114. Protection of agriculture, and preventing trespassing of animals upon private property. [Stats. 1875-6, p. 307.] Repealed 1897, 198. ACT 3115. Regulating and protecting bee-keeping in. [Stats. 1877-8, p. 563.] ACT 3116. District attorney, salary of. [Stats. 1875-6, p. 389.] Repealed by County Government Acts, see 1897, 516, sec. 167. ACT 3117. Regulating fees of office and salaries of officers of. [Stata. 1871-2, p. 490.] Amended 1874, 130. Repealed by fee bill, 1S95, 269, and by County Government Act, 1897, 516, sec. 161. ACT 3118. Officers and fees of office in. [Stats. 1873-4, p. 616.] See sees. 217, 218, 221, County Government Act, 1897, 573, 574. ACT 3119. Salaries and fees. [Stats. 1877-8, p. 80.] Repealed by County Government Acts, see 1S97, 516, sec. 167. ACT 3120. Irrigation, protecting, and making water-rights responsible for expenses incurred on irrigating ditches. [Stats. 1875-6, p. 486.] ACT 3121. To provide an additional judge for. [Stats. 1887, p. 19.] ACT 3122. Public records in office of county recorder. [Stats. 1875-6, p. 853.] This act provided for the transcription and preservation of the records. ACT 3123. Making the provisions of the Political Code concerning highways applicable to. [Stats. 1875-6, p. 57. Acta 3134-3140 P\N BUENAVENTURA. MM ACT 3124. LegaUgfeg n-<-i..rds in. [Stats. 18ffl, p. B2.] ACT 3125. Providing for election of supervisors in. [Stats. 1S73-4, p. 111.] Sii|>frseded by County Government Act, 189". ISL ACT 3126. To divide into supervisor districts. |St:iT v 1877 >, p. 799. J Repealed by County Government Acts, see 1897, 4S2. ACT 3127. rvisors, compensation of. [Stal '. p. 4S8.] • aled by County Government Acts, see 1^97, 4."»2. ACT 3128. To authorize thr construction of a WBgOll road in, and to provide for the payment of the cost, [stats. 1 p. 58«.] ACT 3129. Board of water commission* rs fur. [Stats. lS»io-4, p. S7.J Amended 1866-a, 93. TITLE 410. RAX BEBNABJDXNO, TOWN OF. ACT 3134. (i ran tiny to, state's interest rn rcrtain lands. [81 1871-2, p. 862.] This act . ny land which may ha to the state on the In. ■•ri>oratlon becoming extinct on March 8, 1S6X TITLE 411. PAN BUENAVENTURA. ACT 3139. Incorporating. [Stats. L865-6, p. 21fi.] Baparaeded t>y i*73-4, 54, 1 . nig. ACT 3140. Reincorporating. |_Stats. 1S7.3-G, p. Amended 1877-8, Ul. 1093 SAN DIEGO CITY. Acts 3141- U".l ACT 3141. Reincorporating, and approving certain ordinances and pro- ceedings. [Stats. 1873-4, p. 54.] Superseded by reincorporation by statute of 1875-6, p. 534. TITLE 412. SAN DIEGO CITY. ACT 3145. Charter of. [Stats. 1889, p. 643.] Amended 1895, 901. Cal. Rep. Cit. 141, 318; 141, 320. ACT 3146. Act to reincorporate. [Stats. 1871-2, p. 285.] Repealed 1875-6, 815. ACT 3147. Eeincorporating. [Stats. 1875-6, p. 806.] Amended 1889, 302. Superseded by charter, 1SS9, 643. Cal. Rep. Cit. 77, 513. This amendment was declared unconstitutional. (People ex rel. Miller v. San Diego, 85 Cal. 369.) ACT 3148. Legalizing conveyances of pueblo lands in. [Stats. 1869- 70, p. 409.] ACT 3149. Concerning conveyances by municipal authorities of. [Stats. 1873-4, p. 85.] Cal. Rep. Cit. 101. 527. This act validated deeds made without a seal. ACT 3150. To legalize, ratify, and confirm certain conveyances of land made by municipal authorities of. [Stats. 1871-2, p. 309.] ACT 3151. Authorizing trustees , of the city of to convey lands to the United States. [Stats. 1S67-8, p. 8.] This act authorized th. conveyance of lands to the United States for military or naval purposes. Acta 3152-3160 SAN nTY. 10»4 ACT 3152. To t: ertain real tin' United States. [Stats. 187.".-'.. p. 104.] Thts art ,iuth irized I y to change the course of tli.- river - ACT 3153. Ratifying a conveyance made by tlio city of to Richard C. M. I orn : J82.] ACT 3154. Legalizing ■> rtain ordii i pealing othera with ref( • A Pacifl i ipany. [Stats. L873-4, p. 370.] ACT Port of, establishing pilots anil pilot regulations. [81 ACT 3156. to] districts, localizing nii-l confirming boundaries of. [Stats. 1873-4, p. 391.] TITLE 413. PAN DIEGO COUNTY. ACT 3160. An act to authorize and provide for the trnn«fr an op< n canal through Channel street in. Cal -• i ACT 3192. Channel itreel and Mission Creek, construction of open J tOfough, JStats. 1871-ft p. 926.] (VI Rap Clt. H, TJ; U, :-Jl; '.. ACT 3193. I'ity l..,ar.| «>f . x i ttiin.i tion . Bg further power upon, and upon tin- Hoard of 0, auditor, and treat [State, 1878 ». p. 177.] irter of San Francisco, see Mllchi II v. ACT 3194. Authorizing comn i debt to trai in funds and property i". [Stats. L871-9, p. D ACT 3195. To authorise the comn - of the funded debt to cum- promise and tain claims t«> real a I to ;.|i real estafc [Stats. 18<52, ,,. 217.] Amended 1S63. 69. Tin B6H, *74. ACT 3196. Autliuri.' \an<-os by commissioners of Um funded d. bt i p. 886.] Cbl ■ . <«!■ ACT 3197. Legalizing conveyances made by th< sioners of the Broking fund. [Si -1.] This act ■ rtaln sales made by the commission' I Jan.,.1- ACT 3198. Authorizing mayor of I tain lands, to the San Francisco Lyiag-in Eospital aud Foundling Asylum. [Stats, 1871 2, p. 513.] 1099 SAN FRANCISCO. Act 3199-3204 ACT 3199. Authorizing supervisors to sell and convey a certain piece of land- comprising old Cemetery Avenue and the triangular plaza reserved by the Outside Land Com- mittee up to the new Cemetery Avenue. [Stats. 1871-2, 234.] ACT 3200. To legalize certain conveyances. [Stats. 1837, p. 200.] C«U. Rep. Cit. 53, 596. This act confirmed sales at auction by the commissioners of the funded debt of San Francisco before the first day of .January, 1854. ACT 3201. Authorizing conveyances to South San Francisco Rome- stead and Railroad Association, of certain overflowed lands in San Francisco. [Stats. 1863, p. 487.] ACT 3202. Providing for the relief of John J. Conlin, and directing the supervisors of San Francisco to order paid to said Conlin his claim against the city. [Stats. 1895, p. 348.] Cal. Rep. Cit. 114, 406. Jnconstitutional. (Conlin v. Supervisors, 114 Cal. 404.) ACT 3203. Relative to coroners in. [Stats. 1871-2, p. 403.] Amended 1873-4, 908; 1S75-6, 397. Cal. Rep. Cit. 118, 140. Cadified In part by amendments of Penal Code, 1905. See notes to §5( 1510, 1511a, 151.1b, 1512, lr.lla, Penal Code. 'Modified as to appointees by sec. 2, chap. 6, art. IV, charter or San Francisco. Supersede J as to coroners generally by County Gov- ernment Act, 1897, 4*1. Repealed by sec. 1513, Penal Code. See Kuhl- man v. Superior Court, 122 Cal. 636."— Cade Commissioners' Note. ACT 3204. Concerning costs in. [Stats. IS60-6, p. 66.] Amended 1871-2, 93. Repealed 1903, 253. Cal. Rep. Cit. 58, 67; 70, 32S; 89, 461, 113, 645; 113, 64S. The code commissioners in their note, which was prior to the repeal of 1903, say: "Perhaps in force as to plaintiff's costs. (Fan- ning v Leviston, !i3 Cal. 188; Golden G. L. Co. v. Sahrbacher, 105 Cal. 114). Repealed 1895, p. 267, (Miller v. Curry, 113 Cal. 644,) as to fees nan.ed in that act." Acts 320.1-3213 SAN FRANCISCO. 1100 ACT 3205. County clerk, act in relation to. [Stats. 1871*2, p. 58.] See charter of San Francisco, sec. 1*. art. XVI, and sec. 3, chap. 6. art. V. ACT 3206. Count v el< rk to keep his office open on all election days. [Stats. 1875-6, p. 142.] led 1SS0. 18. ACT 3207. Concerning deputies and assistants of county clerk and their salaries. [Stats. 1871-2, p. 76.] Cal. Rep Clt. 67, 18X •■Attempted to be superseded by 1880, p. 20. chap. XXVI, is amended 1891, p. 6. chap. VII, but they were unconstitutional (San Francisco v. Broderlck, 125 Cal. iss); but now superseded by charter. of that city." — Code Commissioners' Note. ACT 3208. Additional fees for city and countv attorney and his assist- ants. [Stats. 1871-2, p. 40.] Superseded by sec. 12, 1885, 167. ACT 3209. Empowering cities and counties of over 100,000 to pay for rent pi courtrooms, police stations, and for the salaries of janitors out of the general fund. [Stats. 1880, p. 114.] Superseded by charter of San Francisco. ACT 3210. District attorney of San Francisco, authorizing appointment of a second assistant. [Stats. 1S77-8, p. 70.] Superseded by charter of San Francisco. ACT 3211. District attorney of, office of. [Stats. 1873-4, p. 602.] Superseded by chap. 3 of art. V of charter of San Francisco, 183a, 278. ACT 3212. Dupont Street, preservation of name of. [Stats. 1877-8, p. 23.] ACT 3213. Daponl Street, Baa Francisco, widening of. [Stats. 1875-6, p. 133.] C*l. Rep. Clt. 62. 13; 7:, 109; 3:. 327; 98, 672; 116. 68. HOI SAN FRANCISCO. Acts 3214-3221 ACT 3214. To define and establish the width of East Street. [Stats. 1865-6, p. 361.] ACT 3215. Authorizing closing part of Elm Street in San Francisco. [Stats. 1877-8, p. 961.] ACT 3216. Registration of voters. [Stats. 1877-8, p. 299.] Cal. Rep. Cit. 54, 405; 86, 67; 86, 68; 88, 515; 88, 517; 97, 84; 111, 305; 114, 330; 126, 398. "Superseded in part, if not entirely, by Political Code, sees. 1127, 1128, 1129, and art. XI of the charter of San Francisco. (Fragley v. Phelan, 126 Cal. 383.)"— Code Commissioners' Note. ACT 3217. Concerning the fees of jurors and witnesses in the city and county of San Francisco. [Stats. 1863-4, p. 365.] Repealed by act of 1865-6, 122. The repealing act was in turn repealed by the statute of 1903. Cal. Rep. Cit. 124, 87. Repealing act, cited, 138, 272. ACT 3218. Fifteenth Avenue extension in, opening. [Stats. 1875-6, p. 762.] ACT 3219. To provide for the prevention of conflagrations and the protection of property saved from fire in San Fran- cisco. [Stats. 1865-6, p. 79.] Amended 1867-8, 280. This act provided for the appointment of a fire marshal by the board of underwriters. It was superseded by the charter of San Fran- cisco, chap. 5, art. IX. ACT 3220. Providing for a paid fire department in. [Stats. 1873-4, p. 942.] Superseded by the charter of San Francisco, art. IV, 1899, 385. ACT 3221. Eeorganizing and regulating the paid fire department of. [Stats. 1877-8, p. 685.] Supeiseded by charter of that city. Oal. Rep. Cit. 139, 229; 139, 230; 139, 231, Acts 3222-3230 SAN FRVN'OISCO. ACT 3222. Supervisors, appointment by, o4 :• r to board of lire i missioners. [State. l v 7-".-t, p. 863.] Probably superseded by charter of San Francisco. ACT 3223. Providing for support of men hi'longing to "paid fire de- partment" of, if disabled while in the performance of their duties. [Stats. JS71-2, p. 703.] 7, ait IX, charter of San Francisco. ACT 322 t. lerning i tion of the secretary of the fire department. [State. 1-71-2, p. 448.] by charter. ACT 3225. Authorizing president and secretary of exempt fire com- pany tn administer oaths in certain cases. [Stats. 1875- 8, ] i. BIO.] ACT 3226. To authorize the exempt fire company of, to receive and manage the Ban Francisco department charitable fund and receive from the city and county of Ban Fran- o a house and lot for its use. [Stats. 1865-6, p. 851.] ded 1871-1, 359. ACT 3227. To establish and maintain a free dispensary in. [Stats. L877-8, p. 579.] Superseded by charter of that city. ACT 3228. To provide for a free public market on water-front. [Stats. lv.. 7, p. 238.] A n | 76. ACT 3229. Gold) rvation and improvement of. [Stats. L875-6, p. 861.] • '. by charter of San Francisco, art. XIV. ACT 3230. Board of State harbor commissioners authorized to set off a part of water-front for certain purposes. [Stats. 1871-2, p. 728.] Superseded by Political Code. sec. J624, as amended 1889. 1103 SAN FRANCISCO. Acts 3J51-32?3 This act authorized the setting apart of a portion of the water- front for the exclusive use of fishermen. ACT 3231. Home of inebriates in. [Stats. 1869-70, p. 585.] Repealed 1895, 76, 201. ACT 3232. House of correction, providing funds to build a. [Stats. 1871-2, p. 878.] ACT 3233. In relation to the house of correction of. [Stats. 1877-8, p. 953.] Repealed 1893, 5. Cal. Rep. Cit. 64, 252; 72, 11; 87, 82. ACT 3234. House of correction, act for government of, and to utilize labor of. [Stats. 1875-6, p. 632.] Probably repealed by the charter of San Francisco, art. II, chap. 2, sec. 1. subd. 11. ACT 3235. Preventing hunting and shooting on private grounds in. [Stats. 1871-2, p. 764.] ACT 3236. Illuminating power, quality, standard, and price of gas, reg- ulating in all cities with a population of over 100,000. [Stats. 1877-8, p. 167.] Repealed as to San Francisco by chap. 2 of art. I of the charter. Cal. Rep. Cit. 62, 592; 62, 593. ACT 3237. Supervisors of, transferring management, control, and direc- tion of industrial school department to. [Stats. 1871-2, p. 544.] "Juvenile offenders are now committed to the Preston School of Industry or the Whittier State School (1SS9, 100, 111.)"— Code Commis- sioners' Note. ACT 3238. Industrial school department of. [Stats. 1873-4, p. 271.J Probably superseded by 1S89, 100, 111, chaps. 103 and 108. ACT 3239. Care of inebriates, and certain insane persons in. [Stats. 1875-6, p. 325.] Repealed 1S95, 76. Cal. Rep. Cit. 95, 146; 95, 150. Acta 3240-3248 BAM FRANCISCO. 1104 ACT 3240. Inspector of steam boilers and steam tanks, appointment of. [Stats. 1875-6, p. 49G.J Repealed 1880, 8. ACT 3241. Additional interpreter for criminal courts. [Stats. 1875-6, p. 153.] Superseded by the charter of San Francisco. ACT 3242. Declaring [dais Creek in. navigable. [Stats. 1807-8, p. 356.] Repealed by »o. 2.149. Pol Code. Jurisdiction Riven to hart ir commit •- ?. StMs. 1S77-8, p. 263.) ACT 3243. Ivy Avenue, to close. [Stats. 1877-8, p. 6H2.J ACT 3244. To organize and regulate the justices' court in the city and C unity of Baa Prandeco. [State. 1865-6, p. 423.] Am< r • 56 1871 Mnued In force by Code of rivll Pi 119. as added In 1873-4. Repealed by change in code adopted In 1880. Tal Re,.. Clt. 48. 48; 114. 331. ACT 3245. lating pi in eivil eases in justices' courts in. [State. 1871-8, p. Of. j rtcpmlnil by Code of Civil Procedure. «ec. 96. ACT 3246. Justices' courts for, summons in. [Stats. 1875-6, p. 855.] Sin- is. Ii d by Code of Civil Procedure, sec. 849. This art app> ara In full In Cade of Civil Procedure, Appendix, p. 778. ACT 3247. Leedorfl street, opening and extending. [Stats. 1875- p. 563.] ACT 3248. License - in. [State. 1877-8, p. 412.] Bapersedtd by cbaxtei of Ban Francisco. ACT 3249. Facilitating and Increasing state and county and municipal licenses in. [Stats. 1871-2, p. 736.] Cal. Rep. Clt. 62. 608; 63. 672. 1106 SAN FRANCISCO. Act 3250-3257 Not repealed by codes. (Ex parte Newman, 53 Cal. 571.) The code commissioners say of this act: "As to collector of licenses, super- seded by chap. 5, art. IV of the charter of San Francisco, 1899, 274; as to power to impose licenses, by subd. 15, sec. 1, chap. 2, art. II of the same charter, 1899, 248; and probably the whole statute Is super- seded by the various provisions of this charter." ACT 3250. Concerning collector of licenses. [Stats. 1875-6, p. 860.] Superseded by charter of San Francisco, chap. 5, art. IV. ACT 3251. Manufacture of acids and explosive chemicals in. [Stats. 1875-6, p. 360.] Repealed by charter of San Francisco. ACT 3252. To fix the salary of the clerk of the mayor of. [Stats. 1877-8, p. 1023.] Superseded by charter of that city. ACT 3253. To declare Mission Creek in the county of San Francisco a navigable stream. [Stats. 1854, p. 190.] Incorporated in Political Code, sec. 2349. ACT 3254. Montgomery Avenue, modifying grade and providing for grade of. [Stats. 1875-6, p. 753.] Cal. Rep. Cit. 67, 47; 67, 50; 67, 51; 67, 52; 102, 448. Declared impracticable In the Montgomery Avenue case. (54 Cal. 579.) ACT 3255. Montgomery Avenue, ratifying certain orders relative to street work on. [Stats. 1877-8, p. 311.] Cal. Rep. Cit. 68, 430; 76, 311. Unconstitutional (Fanning v. Schammel, 68 Cal. 428; Kelly v. tuning. 76 Cal. 309.) ACT 3256. Establishing and opening Montgomery street south. [Stats. 1877-S, p. 932.] ACT 3257. Montgomery Avenue, opening and establishing. [Stats. 1871-2, p. 911.] Supplemented 1873-4, 522. Cal. Rep. Cit. 47. 357; 79, 392; 87. 47. Gen. laws- 70 Act 3258-3166 SAN KKANCISCO. VM ACT 3258. To provide a public morgue in. [Stats. 1885, p. 25.] 6 of art. IV, and subd. 9 of chap. 2 of art. I of ») 11 f P vn Francisco. ACT 3259. Mutual real >mpany, sales and conveyances of. [Stats. 1875*8, p. 525.] This act atithn-ized the surviving trustees to make sales and con- voyai. AJT 3260. North Beach and Mission Railroad Company, granting cer- tain privileges to. [Stata, i x 7:M, p. 851.] ACT 3261. North I '.i m-li ami Mission Railroad Company, granting cer- tain privileges to. [Stats. 1875-6, p. 525. ] ACT 3262. Additional notaries public. [Stats. 1871-2, p. 184.] . sec. 791. Thi to reside at Tcrba Buena. ACT 3263. Additional notar for. [Stats. 1873-4, p. 139.] .itlcal Code, sec. 791. ACT 3264. Providing for the appointment of an additional notary public. [Stats. ^880, p. 106.] Bupi rs. fled by P i m. This ai t required the keeping of an office at the Presidio. ACT 3265. Authorizing the appointment of a notary public in the city mill county "t San Pi ie and transact notarial duties at Sferba Bui na Island, or Goat island, in the bay of San Francisco, in addition to the num- ber of notaries now authorized by law for said city and county. [Stats. 1903, p. 26.] This act d full in Political Code, Appendix, p. 1109. ACT 3266. Supervisors, ratifying and confirming certain ordinances and resolutions of. [Stats. 1873-4, p. 487.] This act ratified certain ordinance* and resolution* relating to si r< et work. 1107 SAN FRANCISCO. Acts 3267-327." ACT 3267. Supervisors, ratifying and confirming certain ordinances of, relating to street work. [Stats. 1873-4, p. 588.] Cal. Rep. Cit. 53, 45. Unccnstitutional. (Reis v. Graff, 51 Cal. 86; Brady v. King. 53 Cal. 44.) ACT 3268. Supervisors, legalizing, ratifying, and confirming certain or- ders and resolutions of. [Stats. 1873-4, p. 589.] Cal. Rep. Cit. 51, 90. These orders and resolutions related to the grading of Townsend Street. ACT 3269. Eatifying order of supervisors of. [Stats. 1873-4, p. 789.] This ordinance authoiized the conveyance of a tract of land to one George F. Sharp on the performance of certain conditions. ACT 3270. Confirming order 800, quieting title to lands in. [Stats. 1867-8, p. 379.] See, also, 1867-8, 410. ACT 3271. Confirming ordinance 840 of supervisors of. [Stats. 1869-70, p. 213.] ACT 3272. To confirm order number 883 of the board of supervisors of. [Stats. 1869-70, p. 83.] This order provided for an exchange of deeds between the city and county of San Francisco and Edward Tompkins to certain land in what is known as Hamilton Square. ACT 3273. Confirming order No. 1004 of board of supervisors. [Stats. 1871-2, p. 511.] This was an ordinance requiring property-owners to fence lots ind to prevent drifting sand. ACT 3274. Confirming order No. 1404 of the board of supervisors of. [Stats. 1877-8, p. 338.] Cal. Rep. Cit. 54. 574; 64, 509. A.CT 3275. Ratifying resolution 11,900 of supervisors of. [Stats. 1877- 8, p. 630.] This resolution vacated certain streets. ' cte X.T6-32S4 PAN FRANCISCO. UOS \CT 3276. I'o extern! the jurisdiction of the park commissioners to a certain highway* [stats. 1877-8, p. Thl- (heir jurisdiction over Point Lobos Avenue. \CT 3277. Pharmacy, regelating practice of, in. [Stats. 1871-2, p. 881.] Amended 1875*. 583; 18T7-8. 83S. Repealed 1883. M. ACT 3278. Practice <>f pharmacy in. [Stats. 1875-6, p. 583.] Amending is;: R ; . ,'. i lso, 93. ACT 3279. Incr. I regulating police force of. [Stats. 1871-2. p. 518.] : by chaps. 1-7 of art. VIII of the charter of San Fran- f-lsco. ACT 3280. To enalilr tli> supervisors of Ban Praneiaeo to increase th'? polio Corn , [Stata. L877-8, p. ^T'.K] by 1S89. 108. and the charter ot that city vi Cal. 266; Clark v. Police Commie sloners. 121 Cal Cal. Rep ; 87, 543; Itt, :l l.: ACT 3281. I'o create an additional police judged court. [Stats, 1881, I'- M.] Superseded by chap. 8 of art. IV of the charter of San Francisco ACT 3282. To create i police court. [Stats. 1889, p. 62.] .ed by the charter of that city, chap. 8. art V. Cal. Rep. Clt. 78. 18 M, 146; ■, 117; 95. 150; 145. 147. Supplemental act cited. 146, 747. ACT 3283. Police judge's court, authorizing prosecuting attorney to appoint <-li rk. [Stats. 1875-6, p. 856.] Supersede. I by charter of San Francisco, chap. 8, art. V. ACT 3284. To empower consolidated cities and counties of over ion,. 000 inhabitants to make alterations in countv pr [Stats. 1880, ]<. 100.] Superseded by charter of San Francisco. 1109 SAN FRANCISCO. Acts 32S5-3292 ACT 3285. Providing for improvement of public parks. [Stats. 1869- 70, p. 802.] Amended 1871-2, 706. Superseded by charter of San Francisco, 1899, 354. Cal. Rep. Clt. 76, 159. This act created the office of park commissioners. ACT 3286. Concerning certain public reservations for. [Stats. 1873-4, p. 333.] This act made certain reservations for park and reservoir, pur- poses. ACT 3287. To establish a quarantine for the bay and harbor of San Francisco, and sanitary laws £or the city and county of San Francisco. [Approved April 4, 1870. Stats. 1869-70, p. 716.] Amended 1875-6, 305. Superseded by the charter. Cal. Rep. Cit. 79, 112. ACT 3288. Providing for repair and improvement of -roads and high- ways in. {Stats. 1871-2, p. 901.] Probably repealed by 1883, 5, chap. X, sec. 2; also by charter of San Francisco of 1899. ACT 3289. Regulation of sailor boarding-houses and shipping offices. [Stats. 1869-70, p. 241.] Superseded by sees. 2583 et seq. of the Political Code. These sec- tions were in turn repealed. (Amendments 1875-6, 52.) ACT 3290. To provide for the payment of certain salaries in, out of the "Special Fee Fund." [Stats. 1877-8, p. 630.] Superseded by charter of that city. This act provided for the payment of the salaries of certain clerks appointed by the supervisors and not otherwise provided for by law. ACT 3291. Authorizing the conveyance of a certain lot to San Fran- cisco Ladies' Protection and Eelief Society. [Stats. 1871-2, p. 765.] ACT 3292. To provide for the San Francisco law library. [Stats. 1869-70, p. 235.] A<-ts S31S-3M0 BAN FRAN'ISCO. 1111 ACT 3313. Conferring further powers on board of supervisors of. [Sit [>. .-><30.] Cal. Rep. Clt. W. 616. Lined In frrr.- (.-an Francisco v. Klornan. 98 Cal. #14) until ■upomfLI by the i barter of that city. 1899. 309.' — Code Commll era* N Thl* - e«l pertain powers as to streets. ACT 3314. Conferring additional powers on board of supervisors f»n«i on auditor mid treasurer. 37 1-1!, p. i scded by chard' ti-368. ACT 3315. Supervisors, conferring additional powers, upon. [Stats. 1. p. 31.] by charter of San Francisco. 1K» ACT 331G. Sup. " r ' n tf additional powers on. [Stats. 1875- 6, p. :>....] Cal. Rep. I . .K-.l by th.- cbaj .l«co. ACT 3317. Sup. rvis.irs, additional powers of [Stats. 1877-8, p. 231. J liter "f ^i»n Frn- Tnl . tra Inr of and work on street*. ACT 3318. ferrinS further powers on the board of super •j. n i„ money from the chart*! of tbat city. 1113 SAX FRAXCISCO. Acts 3321-^129 ACT 3321. Supervisors, auditor, and treasurer, additional powers of. [Stats. 1873-4, p. 711.] Supplemented 1875-6. 74. OU. Rep. Cit. 54, 74; 64. 502. This act authorized the making of certain appropriations, thp ac- quiring of certain lands. inclu-llng lands contiguous to Channel Street and Mission. Creek, and the vacation and sale of certain parts of Chan- nel Street and Mission Creek. ACT 3322. Supervisors, auditor, and treasurer, powers of. [Stats. 1875- 6, p. 854.] Superseded by charter of San Francisco. Cal. Rep. Cit. 62, 586; 62, 590; 62, 600; 62, 601. This act provided for the expending of unexpended balances. ACT 3323. Personal property, assessment, and collection of taxes on. [Stats. 1873-4, p. 477.] Repealed 1S95, 308. Unconstitutional. (People v. Pittsburg R. K. Co., 67 Cal. 625.) Cal. Rep. Cit. 67, 625. ACT 3324. Tehama Street, to provide for the opening and extending of. [Stats. 1877-8, p. 802.] ACT 3325. Authorizing final judgments quieting titles to lands in, tj be recorded. [Stats. 1865-6, p. 533.] ACT 3326. To expedite the settlement of land titles in. [Stats. 1869- 70, p. 353.] ACT 3327. Training ship, establishing and maintaining. [Stats. 1873- 4, p. 394.] Repealed 1875-6, 54. ACT 3328. Training ship in, establishing and maintaining. [Stats. 1875-6, p. 54.] Amended 1877-8. 233. ACT 3329. Regulating payment of money out of treasury of. [Stats. 1877-8, p. 111.] AcU 3330-3338 ?\N FBAJfCISGO. 1114 "iriented and amended 1877-S, 3^3. Superseded by the charter of Pnn Franrlsco. Oil. Rep Clt. 62. 590: 62. 600; KM, 317. This act was what was known as the one-twelfth act. ACT 3330. Aut th« rapen ■ -ia Street. [Stats. 1877-8, p. .>'2X] ACT 3331. ring the grade of Vallejo Street. [Stats. 1877-3, p. 931.] Cal. I M, 16. ACT 3332. To ratify and confirm the Van Ness ordinance. [Stats. -. p. 52.] M: 60, 272; 50. 375: 54. : 76. 20; 92. 416; 93. . I S; 1118, 389; 139. 648; 139. 649. ACT 3333. Van iiiif, to provide for the improvement of. ACT 3334. ribing thi fronl of. [Stats. 1851, p. 307.] ACT 3335. water-front of. [ stats. 1877-^, p. 263.] li '. BT. See : «'l. 619; also the case of People • TS v. Pacific Imp. Co., 130 Cal. <•».!. 29; 81. $6; 130. 444. .^ li. Ion of the harbor commissioners. ACT 3336. To provide for the sale of the interest of the state in within the water-front line. [Stats. 1853, p. 219.] . 139. Cnl n part. (Ouy v. Hermaner, 6 Cal. 7S.) ACT 3337. To | tin propertv of ttio stn - fornia within tin watt r-front line. [Stats. 1858, P- •- ACT 3338. To provide for the furl -ion of the water-front line. it*. 1880, p. 132.] 1115 SAN FRANCISCO. Acts 3339-3345, § 1 ACT 3339. Water-front of, confirming title to certain property on [Stats. 1877-8, p. 417.] Cal. Rep. Cit. 81, 29. ACT 3340. Water rates in, establishing. [Stats. 1875-6, p. 82.] Amended 1875-6. 760. Repealed by constitution of 1879. (Spring Valley W. W. v. Bryant, 52 Cal. 132.) Cal. Rep. Cit. 52, 141; 53, 611. ACT 3341. Water-works for, to provide and maintain. [Stats. 1873- 4, p. 807.] Superseded by art. XII, charter of Sari Francisco, 1899, 346. Cal. Rep. Cit. 53, 3S5; 54, 321. This act authorized the supervisors to obtain a water supply. ACT 3342. Water-works for, to provide and maintain. [Stats. 1875-6, p. 501.] Unconstitutional. (Spring Valley v. Bryant, 52 Cal. 132; 53 Cal. 611.) Repealed 18S0, 1. ACT 3343. Water-front of. Compromise of litigation concerning. [Stats. 1875-6, p. 905.] ACT 3344. Authorizing a conveyance to William Scholle, of certain water lots in San Francisco. [Stats. 1881, p. 3.] ACT 3345. An act to regulate the sales of perishable products on the wharves and other state property in the city and county of San Francisco by prohibiting such sales except by or in behalf of those holding permits from the board of state harbor commissioners and making such unlaw- ful sales a misdemeanor, and prescribing the penalty therefor, and providing the conditions upon which such permits shall be issued. [Approved March 2, 1903. Stats. 1903, p. 73.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person to sell, upon the public wharves or other property belonging to . FRANCISCO. Ill* this state, in tli- t hol.lii • hereinafter Beribed, and i by carrier apon any wharf on (Be 1 from said wharf within ' after th> ir arrival, and thr - mUSl l'W nnd M in addition to the regular state tolls, such additional wharl hut not ' • the regular tolls, for each -action thereof which such perishabl* products shall r«?n tin upon the wharf. ■ ■■ rson, firm or nets to be .1 r upon any wharf on the harbor Buch applicant, a products when derrr- on the whan r, daring the time such rmitted to remain there, under the gen- ribrd by the commission; provided. nev. iintil the n which shall - expecting to receive consignments products to r by Barrier on the wli- ■ her property of tl be of California in the city and - desiring to di- befon removal, hereby make application fur a | t>< valid tb< date of i 11 perishable pio< rl urves or other state , rty. In COn8id< r I SOCh permit, 1 oi W taithfull. ■ all the regulations which are or may b< harl to such sales, and in par- 1117 SAN FRANCISCO. Act S345, §§ 1-3 ticular I (or we) agree that I (or we) will not, during the life of snch permit, be a party to any conspiracy, agreement or understanding whereby I (or we) shall refuse to sell [to] any solvent purchaser or buy from any person what- ever, and I (or we) agree that I (or we) will sell, impar- tially, and at the same prices, to all who desire to purchase for cash, without regard to their business or intended dis- position of the products, and will exercise no discrimination whatever between buyers or sellers, by reason of their oc- cupation, affiliations or nonaffiliations. I (or we) also agree that in case of violation of this agreement, the board of state harbor commissioners may revoke the permit hereby applied for, whereupon I (or we) agree to surrender the same, and I (or we) agree that the board of state harbor commissioners shall be the sole judges of the fact of such violation, I (or we) having had a hearing in the mat- ter. . Date, . Sec. 4. The permit herein provided for shall be in such form as the board of state harbor commissioners may de- termine and shall be valid for one year from date of issue and no longer. Sec. 5. In case of violation of his agreement by the holder of any permit the board of state harbor commis- sioners upon a hearing after giving due notice to all parties concerned, and finding the fact of such violation shall re- voke and cancel the permit, and shall not issue a new per- mit to the offending party, except upon a new execution of the agreement hereinbefore set forth and the payment of a fee of fifty dollars, and the right to receive a new per- mit shall rest in the discretion of said board of state harbor commissioners. Sec. 6. The board of state harbor commissioners and all its officials and employees are charged with the enforce- ment of this act, and shall eject from the wharves or other state property all persons found attempting to make sales in violation of this act. And the board of state harbor com- missioners through such officials as it may from time to time designate, shall prosecute all violations of this act in the proper court. Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 8. This act shall take effect immediately. Acts 3346. 3349, § 5 1. 2 SANITARY DISTniCT6. 11 1* ACT 3346. An act to regulate fees in the city and county of San Fran- [Approved February 9, 1S66. Stats. 1865-6, p. 66.] Repealed 1905. 387. TITLE 415. MTAHY DIBTBI0T8. ACT 3349. "An net to proyide for the formation, government, opera- tion, and dissolution of sanitary districts In any part of • foi tli" construction of and other sanitary pur: acquisition of property the] thi o.-il! ; ' tions in luefa tiist ricts; ■ t, levy, f)]l< ction, custody, and disburse- ment nf and disposal of the bonds thereof, and t!>. nf their validity, and making provision for 1 1 » * - payment of rath bonds, and thi if their pr< Is." [Approv* 31. ts. 1891, P . 223.] Am< • tun thta amen.lmrrit laelarsjd DUBOOD- ■tttotlonsj (In ro Wi-rn. r. 129 Cal. 667); also kp 1903. Thr ■'.*» set as having; been appr. As thi* to thi on the subject. It was evi- dently the Intention of :h-- l«gUIat l this act Cal. Rep. Clt. 99. 55«; ?.< 600. >n 1. Wheni r -ins in any county state shall desin the formation of a . dis- trict within the county, th< hoard of sup' ■ •' such county a | in writing by them, stnting the name of thi . and ' Qg forth j that an election be held as provided by this r the pe- tioners must be a resident and freeholder within the pro- : district. When such petitioi i 1 pro- • ithin thirty thereafter, 0Td< r thai provided by this act. The orci. r must fix the day of Mich election, which must be Within sixty clays from tin ird< r. and must show tli ' the pro] trict, and must state that at such election | - proviil.il by this act, \ r, and five members of 1119 SANITARY DISTRICTS. Act 3349, J § 3-5 the sanitary board, will be voted for. This order shall be entered in the minutes of the board, and shall be conclu- sive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signature and presentation of such petition, a resi- dent and freeholder within the limits of the proposed dis- trict. Sec. 3. A copy of such order shall be posted for four suc- cessive weeks prior to the election, in three public places within the proposed district, and shall be published for four successive weeks prior to the election in some newspaper published in the proposed district, if there be one, and if not, in some newspaper published in the county. It shall be sufficient if the order be published once a week. Sec. 4. The board of supervisors, at any time prior to the election, shall select one polling place within the proposed district, and make all suitable arrangements for the holding of such election. The tieket shall contain the words, "For a sanitary district," or "Against a sanitary district," as the ease may be, and the name of a person for sanitary assessor, and the names of five persons for members of the sanitary board. Such election shall be conducted in accordance with the general election laws of the state, so far as the same shall be applicable, except as herein otherwise provided. Every qualified elector, resident within the proposed district for the period requi- site to enable him to vote at a general election, shall be entitled to vote at the election above provided for. If a majority of the votes cast at such election shall be in favor of a sanitary district, the board of supervisors shall make and cause to be entered in the minutes an order that a sanitary district of the name and with the bound- aries stated in the petition (setting forth such boundaries) has been duly established, and said order shall be con- clusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided for by this act or b} r law, and of the existence and validity of the dis- trict. If a majority of the votes cast shall be against a sanitary district, the board shall, by order, so declare; no other proceedings shall be taken in relation thereto until the expiration of one year from the presentation of the petition. Sec. 5. Every sanitary district formed under the pro- visions of this act shall have power to have and use a Act 3M1, § 5 BJCTS. common s< si, aHorabh at tli- pleasure of tlic sanitary construct and maintain, and ■- and drains as in the judgm< i ■ tary l-'>:ir.] shall In or ad for this purpoa lire by purchase, gift, devi or otherwise, such p al ami of way, oith- r within or without the ' trict, as in the judgment <>f th sell liqinT-- at r< tail, and from ami aftir the passage of this ■ . or b< 11 1 i *|i i . • r-> at retail, sha! .an be approved by the sanitary b of tin- district; to in . penalties, ami forfeit tor any and all violations of its regulations <>r ord to fix thn penalty thereof by fln« or imiirisonnnint, or both; mi SANITARY DISTRICTS. Act 3349, §§ fi 8 but no such fiue shall exceed the sum of one hundred dol- lars, and no such imprisonment shall exceed one month; to call, hold, and conduct all elections necessary or proper after the formation of the district; to prescribe, by order, the time, mode, and manner of assessing, levying, and col leeting taxes for sanitary purposes, except as otherwise provided herein; to compel all residents and property owners within the district to connect their houses and habitations with the street sewers and drains; and gen- erally to do and perform any and all acts necessary or proper to the complete exercise and effect of any of its powers, or the purpose for which it was formed. [Amend- ment approved March 26, 1895. Stats. 1895, p. 85. In effect immediately.] See note at beginning of act. Sec. 6. The officers of the district shall be a sanitary assessor and five members of the sanitary board. Sec. 7. There shall be an election for sanitary assessor on every even-numbered year in which members of the sanitary board are elected, and at the same time, place, and manner; and the person then elected shall hold office for two years next thereafter, and until the election and qualification of his successor. The person elected as- sessor at the election at which the district was formed shall hold office until the election and qualification of his successor; provided, that if at any time a vacancy occur in the office of assessor, the sanitary board shall appoint a suitable person to fill such vacancy until the next elec- tion at which an assessor may be elected under the pro- visions of this act. Sec. 8. It shall be the duty of the sanitary assessor to make out, before the first Monday in July of each year, a list of all the tangible real and personal property within the district. Such list shall contain a brief and general description of the property, an assessment of the value thereof, the name or names of the owner or owners, and such other matters as may be ordered by the sanitary board and such matters as shall be necessary to make such list conform to the provisions of the general laws of the state of California. The land shall be assess, d separately from the improvements thereon. No mistake in the name of the owner of any of the real or personal property as- sessed, or any informality in the description, or in other parts of the assessment, shall invalidate the same. The sanitary assessor shall verify said list by his oath, before Gen. Laws— 71 Act 3349. § § 8. 10 SANITARY DISTRICTS. tUJ some officer authorized to administer, oaths, and shall !• posit the same with the sanitary board on the fir-t Monday of July of each year, ot as soon thereafter as is practicable. Be shall have power to administer all oaths and affirma- tion^ r v or proper in the perl of his duty as assessor, and shall receive such compensation as shall be fixe d l>y the order ot' tin- hoard. 11. • shall also |«c i form such farther duties and do such further acts as may be ordered or require <1 by the sanitary hoard. Sec. 9. Th> r> shall 1" an election for two memtx the sanitary board in every even-numbered year, beginning with the seeond even-numbered year after the election at which the d3 - organized, and the two meml then to he elected shall hold office until the (hction and qualification of their successors in the n< numbered r; and there shall he an election tor three niemlc i - of the sanitary board in every odd-nuinhen d year. I" ginning with tin- second odd numbered year, alter the ion at which the district w.is .. and the thre. members then to be elected shall hold office until the elec tion and qualiflcation of their * in the next odd numbered year. The five members eleeted at the election at which the district was organised shall, at their firs' meeting, on thereafter as may he practicable, so classify tlo i' . lot. thai two "1" them shall go of office in the second even-numbered tion at which the district was organized, and upon the election and qualiflcation of their - provided by this act. and three of them in nd odd-numbered ; after tie election at which the district was organised, and upon the (lection and qualiflcation of their BU ssors, .k provide <1 by this act. All elections foi • the formation <>f the district shall b arst Mod, lay after the tirst Tuesday in tin month of Marcii. Tie members of the sanitary hoard shall receive no compensation w'nat- ever, either for general 01 special s< i S. e. 10. The sanitary hoard shall ho the governing power of the district, and -hall 6X< r.-ise all th( then of. exeept the making of an • li«t in the first instance, as herein provided. At ils ,, afl BOOH thereafter as may be prae' ,me- of its m. ml. i is as pr< -hi. nt, and an r of its memh. r- nd all contl deeds, warrants, r eel documentfl ot e\ . ry Kind shall be signed in the nam.- of the distrh-t h ident, and shall be countersigned by its seen 1123 SANITARY DIS1K1CTS. Act 3349, § M The board shall hold such meetings, either in the day or in the evening, as may be convenient. In case of the ab- sence or inability to act of the president or secretary, the board shall, by order entered upon the minutes, choose a president pro tern., or secretary pro tem., or both, as the case may be. Sec. 11. On the first Monday of July each year, at the hour of 7:30 P. M., the sanitary board shall meet at its usual place of meeting within said district, and proceed to organize itself into a board of equalization, and if the sanitary assessor has returned the assessment list for said year said board shall proceed to equalize the property so assessed and returned by said sanitary assessor. If said assessment list has not been returned by said sanitary as- sessor said board must adjourn from day to day until said assessment list has been returned, and for the purpose of adjournment one or more of the members of said board pres- ent may make said adjournment and announce the same. Upon the assessment list having been returned by the as- sessor, said board of equalization shall proceed to equalizc- the property listed on said assessment list, and said boanl shall continue in session as a board of equalization until the property upon the entire list returned by the assesser shall have been examined, rectified and equalized, with such rea- sonable intermissions during the day and from day to day as may be expedient. The board shall have power to hear complaints as to the proceedings of the assessor, and to ad- judicate and determine the controversy thereon, and may of its own motion raise an assessment, after such reasonable notice to the party whose assessment is to be raised, as may be ordered by the board. After the examination and rectifi- cation of the assessor's list shall have been completed, the board shall, by resolution, fix the rate of taxation for sani- tary purposes, designating the number of cents on each one hundred dollars to be levied for each fund, and shall desig- nate the fund into which the same shall be paid; but no more than fifteen cents on each one hundred dollars shall be levied for all the sanitary purposes of any one year, besides what shall be required for the payment of the principal and interest of such year upon outstanding bonds. After the entry in the minutes of the resolution fixing the rate of taxation, the sanitary board shall cause the assessor to com- pute the amount of the tax upon each piece of real and per- sonal property, and enter the same upon the assessment list in a suitable place. The list, when so completed, shall be verified by the assessor and signed by the president and sec- retary; and the amount of the tax shall thereupon become a .\ct 3349, J§ 12. 13 SANITAKY DISTRICTS. lien upon the property upon which it is :i n.1 shall have tho offeot of a judgment against th< person of the ownor thoreof, and nvcrv sm-h lion thai] have the force and effect of an execution duly levied against all the property of thf delinquent; and the judgment shall not b< d eem ed isfied ot tho lion extinguished until paid or the property sold to satisfy the same, and no statute of limitations shall apply; but no more thai thoa sand dollars of bonds Bhall be voted for or issued at any one time, nor shall the bonded indi btednesa ot the district ever the sum of s > \ thousand doUan at any id, whet hi r it be made up of one. issue of be or of BeveraJ issues; (A.ra'-ith such order. The treasurer shall pay out moneys from either of said funds, or from the fund hereinafter mentioned, only upon the written order of the sanitary board, signed by the presi- dent and conntt rsigned by the secretary, which order shall specify the name of the person to whom the money is to be paid and the fund from which it is to be paid, and shall state generally the purpose for which the payment is made, and such order shall be entered in the minutes of the sani- tary board. The treasurer shall keep the order as his voucher, and shall keep a specific account of his receipts and disbursements of money for sanitary purposes. The treasurer and sureties upon his official bond shall be liable for the due performance of the duties imposed upon him by this act. The treasurer shall keep the money arising from the sale of bonds in the fund hereinafter mentioned. Sec. 14. At any time after the district is organized, the sanitary board may, by order entered in the minutes, call an election for the purpose of determining whether bonds shall be issued for the construction of sewers. Such order shall fix the day of the election and shall specify the amount of money to be raised, and shall state in general terms the purpose for which it is to be raised. A copy of such order shall be posted for four successive weeks prior to the elec- tion in at least three public places within the district, and shall be published for four successive weeks prior to the election in some newspaper published within the district, if there be one, and if not, in some newspaper published in the county. It shall be sufficient if the order be published once a week. Sec. 15. At any time prior to the day fixed for the election, the board shall select one, and may select two, polling-places within the district, appoint officers of elec- tion, and make all necessary and proper arrangements for A. t 8MB, § 16 SANITARY DISTRICTS. 1116 holding the election. The tickets shall contain the words r the issuance of bonds as proposed by the sanitary board," or tl he issuance of bonds as proposed by tho sanitary board." The election shall be conducted in ' t h the general election laws of the state, so far as tl ppHcable, except as herein other- wise provided. K\>:-y qualified elector resident within the district for Mi*' length of time necessary to enable him to ■i general election s h .- 1 1 1 be entitled to vote at the election above provided for. After the votes shall have d announced, the ballots shall be sealed up and de- red to tin secretary or president of the sanitary board, which shall, as soon as practicable, proceed to canvass the same, and shall enter the result upon its minutes. Such entry shall be conclusive evidence of the fact and regularity of nil prior proceedings of every kind and nature provided by this acl <>r by law, and of the facts stated in such entry. It', .-it such election, two thirds of the votes cast be in favor of the issuance of bonds, as proposed by the san- itary board, the said hoard shall thenceforth have full power and authority to issue and dispose of bonds as pro- 1 in the order calling the election, [Amendment ap- proved March 9, L893, Stats. 1893, p. 88. In effect imme- diately.] 1<*>. All bonds issued under the provisions of this act shall he of such denomination as the sanitary board may determine, except that no bonds shall be of a less imination than otic hundred dollars, nor of a greater denomination than one thousand dollars. Said bonds shall be payable In gold coin of the Uni' - at the office of the county treasurer of the county wherein said district is situated, and shall bear interest at a rate not exceeding five (5) per eentim per annum, which interest shall be payable semi-annually in like gold coin. Not less than one- twentieth part of the total issue of bonds shall be payable i ach year, on a day to be specified by the sanitary board, but no bonds shall be payable in installments, but each bond issui d Ion under shall be payable in full on the date cified therein by said board. Each bond shall be signed by the president and countersigned by the secretary of the sanitary board, and said bonds shall be numbered consecu- tively, b with number one (1), and shall have coupons attached referring to the number of the bond to which they art Attached, which coupons shall be signed by the presideni and countersigned by the secretary of said board. Tin bonds must be disposed of by the sanitary 112T SANITARY DISTRICTS. Act 3349, § 1G board in such, manner and in such quantities as may be determined by said board in its discretion, but no bond must be disposed of for less than its face value. The pro- ceeds of such sale shall be deposited with the county treasurer and shall be by him placed in the fund to be called the sewer construction fund of sanitary dis- trict (naming it) ; the money in such fund shall be used for the purpose indicated in the order calling the election upon the question of the issuance of the bonds, and for no other purpose; provided, that if after such purposes are entirely fulfilled any balance remain in such fund, such balance may, upon the order of the sanitary board, be transferred to either of the other funds provided by this act. If the result of the election be against the issuance of bonds no other election upon the question shall be called or held for a period of one year. Whenever the entire amount of bonds issued by any one district under the provisions of the act of which this is amenda- tory shall be presented by the holder or holders thereof to the sanitary board of the sanitary district issuing the same, there shall be exchanged therefor and issued in lieu thereof to such holder or holders, by the sanitary board, bonds issued in accordance herewith for the various install- ments payable on the so surrendered bonds and said new bonds so issued in exchange for said old surrendered bonds shall be payable at the same times and places as the in- stallments due under the old bonds; it being the intention hereof to permit the surrender of sanitary district bonds heretofore issued payable in installments by the holders thereof, and the exchange therefor of a like amount of bonds of such sanitary district having a denomination equal to the installments payable under one or more of the bonds heretofore issued by any one sanitary district; said new bonds to be payable at the same time as said install- ments and in equal amounts; the amount of said new bonds to be payable in any one year to equal the amount of the installments on said old bonds payable in such year. All expenses of the exchange shall be borne by the holder of the bonds presented for exchange, and interest on the new bonds shall be paid at the same time and rate as on the old bonds. Upon such exchange being effected the old bonds shall be canceled by punching holes in the signatures there- to attached, and shall be retained by the treasurer of said county as evidence of such cancellation. [Amendment ap- Act 3349, § J 17. 18 WITJHfT DISTRICTS. 113S proved March 23, 1901. Stats. 1901, p. 633. In effect im- mediately.] 17. Tt is hereby made the fluty of tho sanitary hoard to levy, each y< ar, tijiori the property within tin 1 dis- trict, a sufficient tax to pay off tho Lnl ruing upon sniil bonds for the respective y< ar. as il falls due, and also one-twentieth of the principal of said bonds, so that tire amount of principal and in' said bonds shall be paid within twenty years from tho date of the issuance of said bonds: and it is hereby made the duty of other pi rson as may be charged with the duty | ting the sanitary taxea, to .■ the said taxei so to be levied, and the duty of the sanitary to order tl to be paid, in manner and form as provided by bis act, and the duty of the county tr If. for any reason, any portion of th< tax for any year remains unpaid, and in consequence I any portion of the interest or principal due for any year remaini unpaid, the same shall be added to tin levy for the in xt year, -i!"i i>> collected ami paid accordingly. Th< pay- ment of the whole amount of the principal and int.: all of said bonds, within twenty years from their issuance, is hereby made 'he imperative duty of the .listrict; and, if necessary fur that purpose, a special tax shall be levied; and it is hereby made the duty of every offici r ami board to do his respective part towards the levy, collection, and payment Of SUCh tax: and mandamus shall issf the district, and if there be no such In- corporated city it town, then the property shall be vested in the hoar. I of Supervisors of the county until the forma- tion of such a city or town; provided, however, that if at the time of such election to dissolve such district there I..- any outstandii ; indebtedness of sues district, then, in BUCh event, the vote to .iiss,,l V e such district shall dissolve the Batne for all purposes excepting only the levy and collection of taxes for the payment of such indebtedness; and from tin time such district is thus lived until such bonded indebtedness, with the in- teresl then on. is fully paid, satisfied, and discharged, the legislative authority of said incorporated city or town, or the board of r,< . if there he no such incorporated citv or town, is hereby e ex officio the sanitary board of such district. And it is hereby made obligatory upon such board to levy Bueh taxes and perform sneli other ac's ai mav i ry in Order to raise money for the ■eh in. hi • nd the interest thereon, as h> r< in provided. "'2. The sanitary hoard shall have power at any time after main Bewers, or otheT BCWers .'ire laid, to order ami contract for tin Detraction of a sewer in any stl or part of a street of the district where a s.wer is not already constructed, and to provide by such order that the I. all he horne by the property fronting along the line of the sewer ;is ordered. Before ordering any work done, or improvement made, which is authorized by this section, the sanitary hoard shall paSS a resolution Of intention so to i|o ami describing the work. The - tarv of the hoar.) shall thereupon cause to be conspicuously jiosted along the line of said contemplate,! work <>r im- provement, at not more than three hundred feet in dis- tance apart, hut not less than three in all. notices of the of said resolution, Baid notices shall, in legible characters, state the fact of the passage of the resolution, its date ami briefly the work or improvement proposed, ami refer to the resolution for further particulars. He shall also cause a noti >. Bimilar in substance, to be pub- lished for a period of five consecutive days in a daily 1131 SANITARY DISTRICTS. ActS&B. fc-22 newspaper published and circulated in said district, am] designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and desig- nated. If there be no newspaper published and circulated in said district, then and in that case said secretary shall post said notices in three public places in said district in addition to said posting along the line of said work or improvement. Any owner of property fronting upon said proposed work or improvement may make a written ob- jection to the same within fifteen days from and after the first publication of said notice, or from and after the day of the posting of said notice if the same cannot be pub- lished as herein provided, which objection shall be deliv- ered to the secretary of the sanitary board, who shall in- dorse thereon the date of its reception by him. The san- itary board shall, at its next meeting after the time for presentation of objections has expired, fix a time for hear ing said objections, not less than one week thereafter. The secretary of the sanitary board shall thereupon notify the person or persons making such objection, by depositing a notice thereof in the United States postoffice in said dis- trict, or if there be none in said district, then in the one nearest thereto, postage prepaid, addressed to each objector, or his agent, when such objector appears by agent. At the time specified said sanitary board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. Upon such decision or at the expira- tion of the said fifteen days, if no written objection to the work therein described has been made as aforesaid by any owner of the property fronting on said work or im- provement, the sanitary board shall be deemed to have ac- quired jurisdiction to order any work to be done, or improve- ment to be made, authorized by said resolution and this section. After said sanitary board has acquired jurisdic- tion to do such work and make such improvement, it may order the work done and improvement made, and provide in such order a time for receiving bids, and likewise au- thorize the president and secretary of the sanitary board to enter into a contract for the performance of said work and making of said improvement. Such order shall be pub- lished for a period of five consecutive days in a daily news- paper published and circulated in said district, and desig- nated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and designated, and in case there be no such newspaper published and cir- culated in said district, then and in that event such order shall be posted in at least three public places in said dis- Act M49, {{ 23. 24 W1TARY DIf M trictj and at tl penh )> ; i)s the board must iiwd ttif tit r i »ible blddi r, or may r> any and all l>i'h and readTertiee for M'ls and i ipen bag of racfa bida award the ■ ■ 'li" lowi sibl bidder, null ss th<' board 1 there la eollosion beti bidden when it may again reject t > > « - bida and i for bide nntil they an Pair an. I not naada uii'i. r eolfoaion <>r fraud when it muet award the AnW it case such order hi made and such tr.n - and Improves iiii.|i r men contract ahall become a li-'n upon and shall si 'I against such I roni Ing upon said work and improi rihli f',,r sai.l work an. I imprOVI ini n t u n . 1 1 r the pr.>\i- titled "An ae-1 to proi il | . . r. ;ui,l for tin eonstrnetl within municipality approved kfarefa ■ n bnndred and eighty !..ry and supplemental thereto, and the manner, mi thod and i l< • "t and lii'ii shall be made in accordance with the pi etion plemental and ndatory to aneh pro* the worda ' ' city conncil ' ' sdi r- ■i| "; th • Intend! at „,l ",-it- r" shall be nnderatood t.> u itary district ' '; the worda >n.l "municipality" Bhall be o to mean "sanitary district" erii" and "city clerk" shall be understood to mean " or Baid sanitary board ' ': the b r" or "city tt 'I be nnderatood to mean any person i>r officer who shall have charge of and make payment of th< funds of such sani- district; anil further provided, thai all t ; an.l duties conferred by the said provisfo ' act and amendatory and supplemental thereof npon city n rintendentfs] ta, clerk* ty <-iirks. and ■ t"i rred and Imposed upon the r< above specified. [Amendment appi March 10, I. In . fT. ct inim. .liat.ly.] All arts and paj lict with this it .-my portion thereof, are hereby repealed, 8cc. 21. This act shall taki effect immediately. 1132a SAN JOAQUIN COUNTY. Act 3353, J 1 TITLE 416. SAN JOAQUIN COUNTY. ACT 3353. An act to furnish, grant, convey and relinquish to the United States of America the right of way in San Joaquin county now (or hereafter) obtained by the commissioner of public works under an act of the legis- lature, approved March 25, "1903, entitled "An act au- thorizing the commissioner of public works to obtain a right of way for a eanal to divert the waters of Mor- mon Channel into the Calaveras River, to maintain condemnation suits therefor, and making an appro- priation to pay for said right of way, and the costs and expenses of obtaining the same," and under the laws of the State of California relating to such matters, for the purpose of the construction and completion of such right of way by the United States of America of a diverting canal east of the city of Stockton from the Mormon Channel to the Calaveras River and along the channel of the Calaveras River to the San Joaquin River, pursuant to an act of congress of June 13, 1902, and to subsequent acts of congress relating thereto, and to authorize the commissioner of public works and the governor of the state to execute conveyances thereof, and to authorize and direct the secretary of state to countersign and make delivery of the same to the United States of America. [Approved June 9, 1906.] The people of the state of California, represented in senate and assembly, do enact as follows: Section I. For the purpose of enabling the government of the United States of America to construct, complete and maintain in San Joaquin County, a canal to divert the waters of the Mormon Channel into the Calaveras River, and thence along the channel of the Calaveras River to the San Joaquin River, in accordance with an act of the Congress of the United States of date June 13th, 1902, entitled, "An act making appropriations for the construction, repair and preservation of certain public works on rivers and harbors, and for other purposes," and being Chapter 1079 of the Public Acts of the 57th Congress, passed at its first session, and of other subsequent acts of the Congress making further appropriations for the construction and completion of said H ;, 3 JOAQUT* OOUNTT. Mb State of California hereby furnish s. grants, relinquishes to "The I * n i t • ■ < 1 States America," all its right, title and interest to the right r such '1 it hereafter) obtained, by pun - therwise by the commis- sion, r nt' public works undiT nn net of the legislature ap- proved Mares tied, "An act authorizing the oommiasioni r of public works to obtain a right of way lor a canal to divert the waters of Mormon Channel into River, to maintain condemnation suits there- for, and making an appropriation to pay for sai«l right of ami tin costs am - of obtaining the Bam ami under general laws of ti mia relating to siti-h mat 01 r of public works is hen I thor . ! • r. .- t . . I to grant to the State of California such of said right of nay as have been granted directly to him. and the governor of ti Lb hereby authorized and directed on behalf of the State of California to . .pd grant of such right of to th< i sited States of America, and the secretary of is h. r< l.y authorized and directed to countersign and delivery of th< Bame to thr United States of America. I in' right of way mentioned in section 2 is de- ll r, rtain strip of land situate, lying and being La the County ol Baa Joaquin, State of California, having for its easterly extremity the south bank of the Mormon Channel and for its westerly extremity the San [uin River, and lying between two certain lines, which lin> 9 ai las follows, to wit : 1. The westerly and southerly or left boundary line. Commencing at a point on the south side of the Stockton and Copperopolis road westerly 361 feel from the point of intersection of the south Line of said road with the quarter- on line between I half and the west half of I . M. w. bi r's Grant, " El Rancho del Campo d< los Franceses," and running thence along the south line of said road south 7. n >° 00' west 2i>l feet; thenee south L150 feet to the center of the Mormon Channel; iuth 57 to thi south bank of the .Mormon i hannel, which is the point of commencement; and from such point of con t run uorth 57° 00' west to the c< ii t. r of the Mormon Channel; tin nee north 57° 00' west 1150 feel to tin south Lin< of said Stockton am) Copperopolis road; theme north 57° 00' weBt to the north line of said 1132c SAN JOAQUIN COUNTY. Act 3353, 3 3 Stockton and Copperopolis road; thence north 57° 00' west 2567 feet to a point which is south 17° 00' east 269.4 feet from the northwest corner of section 76 of said grant; thence north 57° west 352 feet; thence north 57° 00' west 2257 feet; thence north 61° 45' west 690 feet to the southerly line of the right of way of the Stockton and Copperopolis railroad; thence north 61° 45' west to the northerly line of the right of way of said Stockton and Copperopolis rail- road; thence north 61° 45' west 176 feet to a point in the line between the east half and the west half of Section 65 of said grant, north 17° 00' west 143 feet distant from the northerly line of the right of way of said Stockton and Copperopolis railroad; thence north 61° 45' west 5852 feet; thence north 61° 45' west 208.4 feet to a point in line be- tween the north half and the south half of Section 54 of " said grant, north 73° 00' east 2717 feet distant from the west line of said Section 54; thence north 61° 45' west 949 feet; thence north 61° 45' west 976 feet to a point south 17° 00' east 929 feet distant from a point that is north 73° 00' east 1401.5 feet distant from the common corner of Sections 42, 43, 53, and 54 of said grant; thence north 61° 45' west 669 feet; thence north 61° 43' west 572 feet; thence north 61° 45' west 28 feet to a point north 73° 00' east 521 feet distant from the corner common to Sections 42, 43, 53 and 54 of said grant; thence north 61° 45' west 1606 feet to a point north 17° 00' west 1178 feet distant from the southwest corner of San Joaquin County Survey No. 821; thence north 61° 45' west 483.5 feet to the south line of the Cherokee Lane road; thence north 61° 45' west 1130 feet; thence north 61° 45' west 466 feet to a point which is south 73° 00' west 326 feet from the northeast corner of San Joaquin County Survey No. 2875; thence north 61° 45' west 5062 feet; thence north 75° 10' west 305.5 feet to a point which is north 16° 55' west 1600 feet distant from the southeast corner of San Joaquin County Survey No. 1501; thence south 85° 00' west 283 feet; thence south 58° 00' west 613.5 feet to a point which is north 16° 55' west 1486 feet distant from the southwest corner of San Joaquin Survey No. 1501; thence south 81° 50' west 808 feet; thence south 74° 10' west 328.5 feet; thence north 73° 30' west 627 feet; thence south 75° 25' west 1829 feet to. a point which is "north 17° 00' west 3633 feet from the southwest corner of San Joaquin County Survey No. 1167; thence south 75° 25' west 714 feet; thence south 84° 30' west 700 feet; thence north 82° 40' west 480 feet; thence south 70° 00' west 464 Act «4. |I JOvQtiv roi'NTT. ■uth I ith 19° 4 In' - -T'.l- in. d( I :i i«iint vrhicfa il Joaquin Oonnty jouth ■ • ■ point from w four -inch otioned in an Smith ami EH Bah* I •:irt. - !. .1 on .i:inu.iry BO, 1899, in tl runty • .li r,: i- south touth tl.t no. smith - which a four-lack rn '1 to in Mid :i^r tmrth I - - •• '.:ink •.,. i m1.iv. - Mith Bl of the ,.iin riv. r. :in.l together therewith th< place 11 the 1. v . .■ now upon • '!- 1. ft rly and l >I right lino. mmencing »t .-i point on the 5 kton .in. I on of the south Hi road with tl Ion line b< tween I i M. W( b< r'a Grant o de and ran thence north 73 c W 1 ' 00' tout f Mormoi Chan- which La th< point otch point llKe SAN' JOAQUIN COUNTY. Act 3353. 5 5 of commencement run north 57° 00' west to the center of Mormon Channel; thence north 57° 00' west 1150 feet to the south line of the said road; thence on the same course to the north line of said road; thence on the same course 2919 feet to a point north 73° 00' east 226 feet from the northwest corner of section 76; thence north 57° 00' west 2609 feet; thence north 61° 45' west 29-4 feet to the south line of the right of way of the Stockton and Copperopolis railroad; thence on same course to the north line of said right of way of said railroad; theirce on same course 1000 feet; thence on same course 5258 feet; thence on same course 1749 feet; thence on same course 176 feet; thence on same course 1281 feet; thence on same course 2406 feet; thence on same course 56 feet to the south line of the Cherokee Lane road; thence on same course 1590 feet to a point which is north 17° 00' west 237 feet from the northeast corner of San Joaquin County Survey No. 2875; thence on the same course 2327 feet to a point which is north 73° 00' east 281.7 feet distant from the point of intersection of the north line of San Joaquin County Survey No. 2873 with the west line of that portion of San Joaquin County Sur- vey No. 1345 which lies in section 41 of said grant; thence north 61° 45' west 400 feet; thence on same course 2397 feet; thence on same course 50 feet; thence north 75° 10' west 395 feet; thenee south 85° 00' west 449 feet; thence south 58° 00' west 215 feet; thence south 58° 00' west 421 feet; thence south 81° 50' west 727 feet; thence south 74° 10' west 255 feet to the east line of Cooper's or West's Lane; thence north 73° 30' west 630 feet; thence south 75° 25' west 2150 feet; thenee south 75° 25' west 475 feet; thence south 84° 30' west 623 feet; thenee north 82° 40' west 511.5 feet; thence south 76° 00' west 640 feet; thence south 48° 10' west 910.5 feet; thence south 19° 45' west 1072 feet; thence south 28° 10' west 900 feet; thence south 48° 10' west 354 feet to the west line of the Lower Sacramento road, which point of intersection is south 17° 00' east 2488 feet distant from the southeast corner of San Joaquin County Survey No. 997 and run thence south 48° 10' west 2129 feet; thence south 69° 35' west 781 feet; thence north 48° 25' west 587 feet; thence north 70° 50' west 359^ feet; thence north 83° 30' west 614.5 feet; thence north 77° 50' west 1210 feet; thence south 67° 35' west 1587 feet; thence north 89° 10' west 694 feet; thence south 65° 00' west 520 feet; thence north 88° 25' west 650 feet; thence south 77° 30' west 430 feet; thence south 60° 05' west 795 feet; thence south 46° 35' west 1010 feet; thence south 42° 20' ! 3357 SAN JOAQL'IN COUNTY. 11321 went 140S feet; thence smith 69° 55' west 857.5 feet; thence wesl 1082 feet; thenee south 54° 10' west 852 (reel 1171 feet; thence south 83° I BOO feet, more or loss, to the right bank of the Baa Joaquin River: said right of way being from its com- meneemenl a? th< lionnos channel to the Calaveras River and along tl River to the west line of the Lower mad of a uniform width of 400 feet. Sec. 4. All rights of way hereafter acquired by the State of ( alifornia, <>r by its commissioner of public works for said Bpecifled purpose are hereby also furnished, granted, conveyed, released and relinquished by the State of Cali- fornia to the Unit - of America, and the governor of ' is hereby authorized ami directed on behalf Jifornia to execute ■ patent] conveys and granl of the same to the United States of America, and thi is hereby autboriaed and directed to count md make delivery of the same to the United Am. rica. » lit'ornia furnishes, grants, conveys, releases and relinquishes Bach rights of way upon the ex- - condition that all civil process issued from the courts of this Btate, and such criminal process as may issue under the authority of" this state, against any person charged with crime, may be served and executed thereon in the same mode and manner and by the same officers as if such eon- e had not been i 0. This act shall take effect immediately. ACT 33. r .l. Authorizing the construction of certain levees by certain parties. [Stats, 187T-8, p. 48.] ACT 3355. Protecting certain lands from overflow. [Stats. 1871-2, p. 801.] ACT 3356. Providing for the appointment of phonographic reporter in. [Stats. 1ST 1-2, p. 551.] by Cude of ClvU 1'roccdure, sees. 26^-^74. (People v. Lou ACT 3357. acerning certain records of. [Stats. 1857, p. 228.] This ain r< cords of that county. 1133 SAN JOAQUIN COUNTY. Act 358-336 .ACT 3358. Eoads and highways. [Stats. 1875-6, p. 341.] Amended 1S77-8, 1034. Repealed 1SS3, 5, chap. X, sec. 2. ACT 3359. Authorizing road districts in, to levy a special tax. [Stats. 1871-2, p. 627'.] Repealed by statute of 1S83, p. 5, chap. X. sec. 2. ACT 3360. Eegulating salaries and fixing compensation of officers of. [Stats. 1871-2, p. 874.] Repealed 1873-4, 578. ACT 3361. Eegulating salaries and fixing compensation of officers of. [Stats. 1873-4, p. 575.] Repealed by County Government Acts, see 1897, 505, sec. 164. ACT 3362. Shorthand reporter, duties of. [Stats. 1875-6, p. 12.] Superseded by Code of Civil Procedure, sees. 268 to 274. ACT 3363. To encourage destruction of squirrels and gophers in, and to provide a bounty for the same. [Stats. 1877-8, p. 773.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 466. ACT 3364. Supervisors of. [Stats. 1873-4, p. 466.] Repealed by County Government Acts, see 1897, 452. ACT 3365. Making county treasurer ex-officio tax collector, and the recorder ex-officio county auditor. [Stats. 1873-4, p. 692.] Superseded by County Government Acts, see 1897, 452. ACT 3366. An act to provide one (1) additional judge of the superior court of the county of San Joaquin, State of California; for the manner of his election and for his compensation. [Approved March 18, 1905. Stats. 1905, p. 100.] SAN J0AQU2M RIVEH— SAN JOSE. UfJ TITLE 417. S\\ JOAQUIN KIVER. ACT 3370. Declaring navigable. [Stats. 1871-2, p. 117.] : by Political Code, sec. 2349. as amended 1891, 9«. ACT 3371. Public wharves on, act concerning. [Stats. 1871-2, p. 657.] TITLE 418. ACT 3375. Charter of San Jose, [State. 1S97, p. 592.] Ami Cal Hep. Clt. 111. 660; 141. 668; 146. ACT 3376. to reincorporate. [Stats. 1871-2, p. 333.] lis. Cal. Rop. Clt HI. 562; 141, 663. ACT 3377. Reincorporating. [Stat*. 1873-4, p. 395.] Am. ■ S, 289, 846; 1891, 97. Superseded by the chart, i gf San Jose, 1897, 593. Cal 66, 6; 68. 92; 90, 39; IS, 674; 102. 644; 107, 188; 141. ACT 3378. Establishment of board of health in. [Stats. 1877-8, p. 296.] Superseded by charter, 1S97, 342. ACT 3379. Authorizing to issue bonds to provide for sewerage of said city. [Stats. 1871-2, p. 365.] ACT 3380. Incorporating the fire department of. [Stats. 1869-70, p. 562.] See charter of that city. 1S97, 624. ACT 3381. L;iw libnsrj in, establishing. [Stata. 1873-1, p. 727.] See Statu • ikth, however, uoes not repeal this act. If a library had b ^lied under or preceding It. 1135 SAN JUAN— SAN LUIS OBISPO COUNTY. Acts 3382-J402 ACT 3382. Confirming and ratifving acts of raavor and common coun- cil of. * [Stats. 1877-8, p. 163.] This act authorized the opening of Market Street through Market Square. ACT 3383. Santa Clara Avenue and certain public lands, act concern- ing. [Stats. 1877-8, p. 290.] ACT 3384. Authorizing and empowering the school trustees to erect a high-school building. [Stats. 1897, p. 167.] ACT 3385. Providing for the opening, widening, and extending of streets in. [Stats. 1877-8, p. 620.] Probably superseded by the Vrooman Act, 1S85, 147. TITLE 419. SAN JUAN. ACT 3390. Incorporating town of. [Stats. 1869-70, p. 245.] Superseded by incorporating, In 1S96, under the statute of 1883. TITLE 420. SAN LEANDRO. ACT 3395. To incorporate. [Stats. 1871-2, p. 458.] Repealed by revising act, 1873-4, 63. ACT 3396. Incorporating. [Stats. 1873-4, p. 63.] Revising act of March 21, 1ST2, 458. Superseded by incorporating, in 1892, under statute of 1883. TITLE 421. SAN LUIS OBISPO COUNTY. ACT 3401. Concerning trespassing animals in. [Stats. 1871-2, p. 749.] The code commissioner* (1&03) say: "Probably repealed by the estray law of 1897, 198; 1901, 603." ACT 3402. Regulating fees and salaries in. [Stats. 1869-70, p. 437.] Amended 1S71-2, 425; 1875-6. 912. See note to act 1119, ante. -3IU 1. 1 IS OBISPO COUNTY. 1136 ACT 3403. r.l.r of. [Stats. 1S77-8, p. 701.] R*p< il< i bj County Government Acts, see 1897. 527, sec. 176. ACT 3404. Pees and compensation of district attorney of. [Stats 1877-8, p. 451.] Superseded by County Government Acts, see 1897, 527, sec. 176. ACT 3405. Aut ribing of records in. [Stats. 1860, p. 11.] ACT 3406. Authorizing the transcribing of certain records in. [Stats. 1871-2, p. 402.] ACT 3407. Concerning roads in. | stats. 1S71-2, p. 134.] Amended Repealed 1873-4, 30. ACT 3408. Providing funds for road |>ur;»oses of. [Stats. 1875-6, p. tH)7.] ACT 3409. Fixing salaries of certain officers of. [Stats. 1873-4, p. 618.] "Repealed U to county Judges by the constitution of 1879, abol- lshln. to the other offices, by the County Govern- ■ "■:."— Co.le Commissioners' Note. ACT 3410. and I'lUiijM nsation of certain officers. [Stats. 1875-6, p. 608.] Ami i \ 128. Repealed by County Government Acta, eee 1897. 527. sec. 176. ACT 3411. Making the act to abate the squirrel nuisance applicable to. [Stats. 1875-6, p. 637.] ACT 3412. Providing for an additional superior judge for. [Stats. 1889, p. 6.] ACT 3413. Kedueing the number of superior judges in. [Stats. 1889, p. 333.] ACT 3414. Supervisors, reorganizing. [Stats. 1875-6, p. 493.] Amended 1877-8, 36. Superseded by County Government Acta, sea 18^7. 402. 1137 SAN LUIS OBISPO, TOWN OF— SAN MATEO CO. Ac.ts 341S-34::'J TITLE 422. SAN LUIS OBISPO, TOWN OF. ACT 3418. Incorporating. [Stats. 1875-6, p. 361.] Amended 1877-8, 683. Superseded by incorporating, in 1884, tinder Municipal Corporation Act of 1883. ACT 3419. Act reincorporating. [Stats. 1871-2, p. 220.] Amended 1871-2, 434; 1873-4, 328. Superseded by incorporating un- der Municipal Corporation Act of 1883. ACT 3420. Issuance of bonds by. [Stats. 1875-6, p. 382.] ACT 3421. Substitution of bonds of city of in lieu of bonds of the town of San Luis Obispo. [Stats. 1877-8, p. 237.] ACT 3422. Town of, funds for. [Stats. 1873-4, p. 294.] Superseded by Incorporating, In 1884, under Municipal Corporation Act of 1883. This act authorized the issuance and sale of bonds. ACT 3423. In relation to the police judge of. [Stats. 1877-8, p. 946.] Superseded by incorporation, In 1SS4, under the Municipal Corpora- llon Act of 1883. ACT 3424. City, streets and roads in. [Stats. 1877-8, p. 701.] Modified by Political Code, sec. 2642, abolishing the office of road overseers. Superseded by Incorporation, in 18S4, under Municipal Cor- poration Act of 1883. ACT 3425. To settle title to lands in the town of. [Stats. 1867-8, p. 245.] CaL Rep. Cit. 94, 132. TITLE 423. SAN MATEO COUNTY. ACT 3430. Boundary fences and trespass of animals in. [Stats. 1875 6, p. 173.] Aa to trespassing of animals, repealed 1S97, 198. Qen. Laws— 72 \nt» 1431-3439 RAN MATEO COUNTY. 11"- ACT 3131. Proriding fox eOMtrnetloi anil improvement of highways in. [Si •:.] Repealed 1S83, p. 6. chap. X. *ec. 1. ACT 5432. PreSCrib and proriding <>fi!arirs fur certain offi- Amr- and probably r< . »*>e 18*7. 462. ACT : PMn4i in. •otablishiag. [State 187 • >.1 by 1897. 198, and aubd. 14. mc. 26. 463. ACT r in, compensation of. . p, 31.] . aec. 3M2. ACT 3435. p. 100.1 U amended ACT 3436. F.xtrrminntion of squirrrls. fPt -p. CIS.] St, MC. 36, ACT 3437. To ■ 8, p. 7nn.] Thl* ; " tran»crlbe the record* of ACT 3438. idditiontJ r :it Acta, aee 1897. Thl« ;v>ra to empower the treasurer to A.CT 3439. Ir.i: p-land fun,} of. to general foacL |St.lf*. 1875-6, p. 213.1 •■irmrnt * ' 1JJ9 SAN RAJ-'AJSU-SANTA BARBARA CITY. Aots 8440-3454 ACT 3440. To declare certain tide lands public grounds and granting the same to, in trust for the use of the public. [Stats. 1893, p. 42.] TITLE 424. SAN RAFAEL. ACT 3445. Incorporating. [Stats. 1873-4, p. 111.] Amended 1877-8, 767. Superseded by incorporating, in 1839. under Municipal Government Act of 1SS3. TITLE 425. SANTA IJAIIP.AKA CITY. ACT 3449. Charter of. [Stats. 1899, p. 448.] Amended 1905, 929. Cal. Rep. Cit. 140, 55S; 140, 559; 142, 670. ACT 3450. Incorporating. [Stats. 1873-4, p. 330.] Amended 1S75-G. 2^5; 1R77-S. 776. Last act repeated 1887, JOB. Su- perseded by the charter of Santa Barbara, 1899, 150. ACT 3451. Additional powers of common council. [Stats. 1877-8, p. 292.] Superseded by charter, 1899, 448. ACT 3452. Legalizing proceedings of trustees of. [Stats. 1865-6, p. 638.] ACT 3453. Legalizing grants of lands in. [Stats. 1861, p. 371.] Supplemented 1862, 495. Amended 1S63, 47. This act legalized grants made by the Ayuntamlento. ACT 3454. To legalize and confirm certain grants and sales of town lands by the board of trustees and the mayor and com- mon council of the city of Santa Barbara, made since the passage of the act of March 31, 1866. [Stats. 1869- 70, p. 666.] Acts U SANTA BARBARA COUNTY. UN ACT 3455. Confirming © I m.i.l, to Santa Barbara Cemetery n. [Suits. 1S75-G, p. 572.] ACT 3456. Rut! 17 :i!"l ordinance 48, passed by com- p. 288.] ■ related to certain city blocks and certain plazas. ACT 3157. alng, nixl improving streets in. [Stats 1877-S, p. 777.] rten, 66 <"nl 313A Sn- 147. and by the charter of Santa Bar- ss'oners' Note. Cal. FUp. Cit. 6a. 3H; 72. 4.«. TITLE 426. SANTA BABBABA COUNTY. ACT 34 02. .sing animals in. [Stats. 1S71-2, p. 749.] ACT 3463. rniiiLT conveyances in. [Stats. 1873-4, p. 61.] This act ; " p d and recorded by C. K. Ck ounty clerk and ex-offlclo county recorder. ACT 3461. nty elerk of. [Stats. 1875-6, p. 212.] Repel inty Government Acta, se« 1897, 631. sec. 179. ACT 3465. Fixing salaries of certain officers. [Stats. 1S73-4, p. 618.] I as to county JulRf* by the constitution of 1879, and as to ot ; ha County Government Acts, see 1897, 452."— Code ".ote. ACT 3466. ruing roads in. [Stats. 1871-2, p. 134.] Amemled 1871-2. 690. Repealed 1873-4. 30. ACT 3467. i.il road district in, and providing road fund. [Stats. L876 6, p. 494.] filed 1877-8. lug. 1141 SANTA CLARA CITY— SANTA CLARA COUNTY. Acts 346S-34S:; ACT 3468. To provide for the extermination of squirrels im [Stats. 1877-8, p. 787.] Repealed 1880, 7. ACT 3469. Legalizing all proceedings of. [Stats. 1871-2, p. 78.] Cal. Rep. Cit. 52. 157. TITLE 427. sa:nta claea city. ACT 3473. Act to reincorporate. [Stats. 1871-2, p. 251.] Amended and sections added, 1873-4, 591. Cal. Rep. Clt. 143, 554. ACT 3474. Authorizing corporate authorities to take and hold in trust certain lands. [Stats. 1871-2, p. 306.] This act had reference to certain lands granted by Congress to the town of Santa Clara for the benefit of the bona fide occupants. TITLE 428. SANTA CLARA COUNTY. ACT 3479. Tj provide for the construction and protection of the Alameda road in. [Stats. 1871-2, p. 367.] ACT 3480. Artesian wells in, act to regulate use of, and to prevent waste of water. [Stats. 1875-6, p. 331.] Repealed 1877-8, 196. ACT 3481. Defining duties of county assessor of. [Stats. 1871-2, p. 534.] See sees. 148 ana 162 of the County Government Act, 1897, 491, 5«7. This act made the assessor the collector of poll-taxes. ACT 3482. Auditor, seal of oflice. [Stats. 1873-4, p. 600.] ACT 3483. Authorizing supervisors to pay certain moneys to county clerk and auditor. [Stats. 1871-2, p. 859.] Repealed by County Government Act, 1897, 452. Acts 34S4-3494 SANTA CLARA COUNTY. Ill ACT 3484. Coroner of. [Stats. 1877-8, p. 426.] Repealed by County Government Acts, see 1S97, 506, sec. 161. ACT 3485. Eegulating fees of county clerk. [Stats. 1871-2, p. 212. Ann nd. 1 1875-$ 402. Repealed by fee bill, 1S95, 267. (Miller v Curry, 113 Cal. 644.) ACT 3486. Firemen of, exemption from payment of poll taxes. [Stats 1873-4, p. 825.] "Probably superseded by County Government Acts, see 1897, 45i ami constitution of 1879, seo. 12, art. XIII."— Code Commissioners Note. ACT 3487. To increase the number of judges of the superior court and to provide for the appointment of an additiona judge. [Stats. 1897, p. 7.] ACT 3488. Fees and salaries of officers of. [Stats. 1873-4, p. 610. Repealed by County Government Acts, see 1S97, 506, sec. 161. ACT 3489. Fees and salaries of officers of. [Stats. 1875-6, p. 35. Amended 1875-6, 363; 1S77-8, 2SS. "Repealed as to salaries by County Government Act, see 1897, 50t sec. 161; and as to fees by the fee bill of 1S95, 267, as to the officer therein provided for." — Code Commissioners' Note. ACT 3490. Eecorder of, fees of. [Stats. 1873-4, p. 230.] Repealed by the fee bill of 1895, 267. ACT 3491. Legalizing certain records of. [Stats. 1861, p. 507.] ACT 3492. Concerning Spanish records in. [Stats. 1S63, p. 11.] This act authorized the translation Into English of the Spanis records. ACT 3493. Concerning the county records of. [Stats. 1869-70, p. 779. This act provided for the transcribing of the records. ACT 3494. Complete records in, providing for the keeping of. [Stats 1873-4, p. 231.] 43 SANTA CRUZ CITY. Acts 3495-3506 Superseded by County Government Act, 1S97, 4S4, sees. 120, 121, as recorders only. CT 3495. Roads and highways. [Stats. 1873-4, p. 453.] Amended 1S75-6, 167, 606. "Unconstitutional as to condemnation proceedings. (Weber v. inta Clara, 59 Cal. 265.) Repealed 1SS3, 5, chap. X, sec. 2."— Code ommissioners' Note. .CT 3496. ublic roads in, protection of. [Stats. 1875-6, p. 250.] Repealed 1877-8, 298. .CT 3497. roviding for opening of Santa Clara and Saratoga ave- nues. [Stats. 1871-2, p. 415.] Repealed 1S73-4, 556. Unconstitutional Williams v. Corcoran, 46 al. 553. Cal. Rep. Cit. 46, 555. lCT 3498. anta Clara Avenue, providing for opening and improving. [Stats. 1871, 2, p. 370.] Amended 1873-4, 538. Repealed 1877-8, 291. Cal. Rep. Cit. 141, 662; 141, 663. lCT 3499. Concerning streams in. [Stats. 1871-2, p. 652.] Amended 1877-8, 293. Superseded by subd. 41, sec. 25, and by sec. !, County Government Act, 1897, 467, 473. This act gave the supervisors certain powers over unnavigable ;rearas. TITLE 429. SANTA CRUZ CITY. LCT 3504. Reincorporating. [Stats. 1875-6, p. 189.] Supplemented 1877-8, 870. Cal. Rep. Cit. 60, 68. ICT 3505. ?o incorporate, amending and supplementing act of March 31, 1866. [Stats. 1871-2, p. 471.] Superseded 1875-6, 1S9. U3T 3506. [saac E. Davis and Henry Cowell authorized to lay water pipes in. [Stats. 1873-4, p. 229. j Act! Jill-3520 SANTA CRUZ COUNTY. U4I TITLE 430. sa.\t\ CBUZ COUNTT. ACT 3511. To provide a sufficient number of deputies for the count}' 1877-8, p. 958.] ff«p— .led hy County Government Acta. »e« 1*97, *51. ACT 3512. In relation to office of district attorney of. [Stats. 1871-2, p. 440.] ,•.1 by County Government Act, 1897, 623, »ec. 171. ACT 3513. and salaries of officers of. [Stats. 1875-6, p. 576.] hied by County Government Act*. ae« 1897, 623, sec. 171. ACT 3514. Juries in justices' courts and witnesses in courts of record. [Stat* 1877-8, p, 56*,] Repealed by fee bill of IS.*, 27J. ACT 3515. Public and private roads in. [Stats. 1875-6, p. 611.] lied 1883, 6, chap. X. sic. 1. ACT 3516. Authorizing condemnation of lands for road purposes. [Btal . p. 397.] US of Funds. 4, 7, and 37 of nty Goveniiiunt Act. Im/7, *,7."— Code Commissioners' Note. ACT 3517. To regulate fees of sheriff. [Stats. 1871-2, p. 331.] l.y fee bill. 189i. ACT 3518. Supervisors, duties nn.l salaries of. [Stats. 1S77-8, p. 155.) l.y Ooont] t AcU, see . ACT 3519. Supervisors, ehange of line of Santa Cruz Railroad Com- pany. [Stats. 1875-6, p. 725.] ACT 3520. .nty survivor of. [Stats. 1875-6, p. 31.] Tli Is .it ii\. I the fees and compensation of the surveyor 1144a SANTA MONICA— SCHOOL OF REFORM. Acts 3525-3S33 TITLE 431. SANTA MONICA. ACT 3525. Sea gulls, protection of. [Stats. 1875-6, p. 287.] This act prohibited the killing of gulls within five miles of Uw town. This act appears in full in Penal Code, Appendix, p. 609. TITLE 432. SANTA ROSA. ACT 3529. Charter of. [Stats. 1903, p. 703.] A new charter was adopted in 1905, Stats. 1905, p. 867. Cal. Rep. Cit. 142, 301. ACT 3530. Reincorporating. [Stats. 1871-2, p. 628.] Amended 1873-4, 378. Entire act amended 1875-6, 251. Cal. Rep. Cit. 138, 152. Compare on the point of municipal election contests sec. 1111, Coda Civ. Proc., and see Carter v. Superior Court, 70 Pac. 1067. ACT 3531. Reincorporating. [Stats. 1875-6, p. 251.] Cal. Rep. Cit. 125, 121; 138, 152. ACT 3532. Altering and defining limits of. [Stats. 1869-70, p. 473.] ACT 3533. Board of education of, powers and duties of, establishing and defining. [Stats. 1875-6, p. 514.] SCHOOL LANDS. See Public Lands, ante. SCHOOL OF INDUSTRY. See Preston School of Industry, ante. SCHOOL OF REFORM. See Whittier State School, post. Acts 3 ACT 3534. SCHOOLS. TITLE 433. 8CH< i An art to provide for orrtain UBproT< meats: and repairs to th< ■ rmaJ School nt San Jose and making an ap- propriation tin refor. [AppTOVi ■! Juno 14, 1906.] The people of tli' California, represented in senate nobly, do follow*! • n I. T!i> Bum of twenty-nine thousand doflai isary, is hereby appropriated "i! t of any money in tl iry no! otherwise appro- priated, to be paid tn the order of the board of ti tin - pmttl School al for the purpose of re- pair ting and equipping such buildings as may be fl< • me<3 expi di< nt by the board of trusti i b of Baid school and ■ riptiona, lulls of material, - cati ssary, requisite, proper or eonven- for any of the purposes aforesaid shall receive the majority of the tl I the State Normal Scho ■ d "f tho stat. board of examiners. \n.| this act Bhall be exempt from the provisions of th< of the legislature approved biareh 23, 1876, relating bo erections of buildings, and all other arts supplemental of i mendatory thu Sec. 3. Ti.. controller • hereby directed to draw •iits in favor of the said board of trustees of the Norma] School al San Jose in the amount herein ap- propriated and the state treasurer is hen |,y directed to pay the Bame. . L This act shall take .Hi .t immediately. ACT 3535. An act tu provide for the purchase of a Bite, for the erec- tion, equipmi nt. and furnishing of a building or build* inu r s. and for the improvement of grounds, for the use oi thi San Prancisco 8tate Normal School; and makinf an appropriation therefor. [Approved March 3, 1905. 15, p. 38.] UMo SCHOOLS. Act 3536, § § I. 2 ACT 3536. An act to provide for the registration of bonds issued by common school, high ' school, or union high school dis- tricts. [Approved March 18, 1905. Stata. 1905, p. 123.] Section 1. Whenever the owner of any coupon bond, or of any bond payable to bearer, already issued or hereafter is- sued by any common school, high school, or union high school districts now or hereafter existing in this state, shall present any such bond to the treasurer or other officer of the county in which said district is located, who by law performs the duties of treasurer, with a request for the conversion of such bond into a registered bond, such treas- urer, or such other officer, shall cut off and cancel the cou- pons of any such coupon bond so presented, and shall stamp, print or write, upon such coupon bond, or such other bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be convenient, a state- ment to the effect that the said bond is registered in the name of the owner, and that thereafter the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time any such bond may ba transferred by such registered owner in person, or by at- torney duly authorized on presentation of -such bond to such treasurer, or such other officer, and the bond be again registered as before, a similar statement being stamped, printed, or written thereon. Such statement stamped, printed, or written upon such bond may be in substantially the following form: (Date, giving, month, year, and day.) This bond is registered pursuant to the statute in such cases made and provided in the name of (here insert name of owner) and the interest and principal thereof are hereafter payable to such owner. Treasurer (or such other officer). After any bond shall have been registered as aforesaid, the principal and interest of such bond shal be payable to the registered owner. Such treasurer or. such other officer, shall keep in his office a book or books which shall at all times show what bonds are registered and in whose names respectively. Sec. 2. Whenever under any statute or law of this state any bonds are issued, whether the proceedings for the is- Acts 3537-35*1 SCHOOLS. Ili4<3 Buance of such bonds have been had in whole or in part prior to the enactment of this statute, or whether the same have been had in whole or in part aftor the enactment of this statute, such bonds may be issued cither in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds, ami some in tlir> form of registered bonds, as has been or hereafter may be pro- vided in the proceedings for the issuance of such bon.ls, and notwithstanding any language or provision to the con- trary contained in any such statute authorizing the issuance Of the bonds, or in any other law of the state. The provi- sions of section one of this act shall apply to coupon bonds, so issued, as well as to other coupon bonds, or other bonds payable to bearer. ACT 3537. An act confirming the organization of school districts. [Approved March 18, 1905. Stats. 1905, p. 243.] Section 1. All school districts in this state that for a period of five (5) years have been acting as school districts under the laws of this state, are hereby declared to be duly incorporated and to be bodies politic under the laws of this state, and as such school districts, under their appropriate names, shall have all the rights and privileges and be sub- jected to all of the duti a and obligations of duly incor- porated school districts. Sec. 2. This act shall take effect immediately. ACT 3538. Putah school district and Yolo school district, union of. [Stats. 1873-4, p. 350.] ACT 3539. Siskiyou, Modoc, and Sonoma counties, apportioning school moneys in, manner of. [Stats. 1873-4, p. 896.] Amended 1875-6, 83. Superseded by Political Code, sees. 1543, 185S. '. ACT 3540. Wood's Island, in Sacramento County, annexed to Rio Vista school district in Solano County, for school purposes. [Stats. 1S75-6, p. 32.] ACT 3541. Grass Valley school district, board of education, estab- lishing and defining powers of. [Stats. 1875-6, p. 233.] 1143 SCHOOLS. Acts 3542-35VJ ACT 3542. School moneys, distribution of in certain counties. [Stats. 1875-6, p. 332.] This act related to Fresno, Contra Costa, Shasta, and Lassen counties. Repealed as to Fresno County, 1S77-8. 782. Repealed as to Contra Costa County, 1S77-8, 182. Superseded by Political Code, sec. 1858. ACT 3543. Consolidating Rattlesnake school district with Wild Goose school district, in El Dorado County. [Stats. 1875-6, p. 801.] ACT 3544. Millville school district, Shasta County, an act concerning census of. [Stats. 1875-6, p. 817.] Superseded by Political Code, sec. 1617, subd. 16, and sec. 1634. ACT 3545. Setting off southwestern portion of Sutter Island, in Sac- ramento County, from Onisbo school district, to Slough school district for school purposes. [Stats. 1877-8, p. 591.] ACT 3546. Scott 's Valley school district, Siskiyou County, author- izing trustees of to borrow money for school purposes. [Stats. 1877-8, p. 593.] ACT 3547. Court-house school district, Sonoma County, to re-establish. [Stats. 1877-8, p. 752.] ACT 3548. To attach a portion of Kings River Switch school district to Kingsbury school district, in Fresno County. [Stats. 1877-8, p. 1010.] ACT 3540. For the establishment of high schools. [Stats. 1891, p. 182.] Cal. Rep. Cit. 101, 656; 102, 470; 112, 317; 124, 696; 129, 602; 140, 557; 140, 558; 140. 559; 140, 560; 140, S61. Unconstitutional. (McCabe v. Carpenter, 102 Cal. 469.) Repealed 1803. 276. la, § 1 SCHOOLS. ACT 3550. Kzing tin' establishment of high schools in Jncorpo rated cities, and providing for the mainl nance and support of such schools. [Stats. 1901, ji. 299.] ACT 3551. To authorize the establishment of county high schools, and provide for their support, [ytais. 1891, p. 57. J Ri | ACT 3552. An act relative to the meeting place of high school boards within municipal corporations. [Became n law under constitutional provision without govi rnor's approval, March 15, 1901. Stats. 1001, p. 296.] The people of the state of California, represented in senate and assembly, do enact as follows: on 1. W here high schools are situated within the limits of a municipal corporation, the meetings of the high school board may l>c held at the high school build- ing, or at the meeting-place provided for i!.' board of edu- cation of such municipal corporation, as shall be deter- mined by resolution adopted by said high school board. Bee. 2, This act shall take effect immediately. ACT 3553. An act creatine: a fund for the benefit and support of high schools and providing for its distribution, [Approved March 2, i :•"::. Stats. 1905, p. 64.] aled laoa. 62. See post. Act 3552a. ACT 3553a. An act creating a fund for the benefit and support of high schools ami providing for its distribution, and repeal- ing an act entitled ''An act creating a fund for the benefit and support of high schools, ami providing its distribution," approved March 2, 1903. [Approved March 6, HID.,. Stats. 1965, p. 58. ] The people of the State of California, represented in senate and assembly, do ena< t as follows: Section 1. [Tax levy for support of high schools — Duty of controller.] There is hereby levied annually lor the litty- 1147 SCHOOLS. Act 3353a, § § 'J-5 fifth and fifty-sixth fseal years, ending respectively June thirtieth, nineteen hundred and four, and June thirtieth, nineteen hundred and five, an ad valorem tax of one an one half cents upon every hundred dollars of the value of the taxable property of the state, which tax shall be collected by the several officers charged with the collection of state taxes, in the same manner and at the same time as other state taxes are collected, upon all and any class of property, which tax is for the support of regularly established high schools of the state. And it is further enacted that, beginning with the fifty-seventh fiscal year, to wit: July first, nineteen hundred and five, it shall be the duty of the state controller, annually, between the tenth day of August and the first day of Sep- tember, at the time that he is required to estimate the amount necessary for other school taxes, to estimate the amount necessary to be levied for the support of high schools. This amount he shall estimate by determining the amount required at fifteen dollars per pupil in average daily at- tendance in all the duly established high schools of the state for the last preceding school year, as certified to him by the state superintendent of public instruction. This amount the state controller, between the dates above given, must certify to the state board of equalization. Sec. 2. [Duty of board of equalization.] The state board of equalization at the time when it annually determines and fixes the rate of state taxes to be collected, must declare the levy and the rate of tax for the support of state high schools in conformity with the provisions of section one of this act. Sec. 3. [Money paid into state treasury.] The money col- lected as provided in sections one and two hereof, after de- ducting the proportionate share of expenses of collecting the same to which other taxes are subject, must be paid into the state treasury, to be by the state treasurer converted into a separate fund, hereby created, to be called the "State High School Fund." Sec. 4. [Apportionment without reference to fiscal years.] The money paid into the state high school fund is hereby appropriated without reference to fiscal years for the use and support of regularly established state high schools and is exempt from the provisions of part three, title one, article eighteen, of an act entitled "An act to establish a Political Code," approved March twelfth, eighteen hundred and sev- enty-two, relating to the state board of examiners. Sec. 5. The money in said state high school fund shall be apportioned to the high schools of the state by the state 3a, § t SCHOOLS. 1148 superintendent of public instruction in the following man- ner: He shall apportion one third of the annual amount among the county, district, city, union, or joint union high "Is of the state, imspective of the number of pupilfl enrolled or in daily attendance therein, except as hereinafter provided; the remaining two thirds of the an- nual amount In shall apportion among such schools pro rata ;_ r < daily attendance as shown by the Official reports of the county, or city and county school superintendents for the last preceding school year; provided, thai sii.li high b< -Imi.iU have I., in organised under the law of the state, or have Del n recognized as existing under the high scl I laws of the state and have maintained the grade of inst ruction required by law of the high schools; and ided, the i shall be eligible to a share of said ;ml that has not during the last preceding ar employed at leasl two regularly certificated high il teachers for a period of not less than one hundred and eighty days with not less than twenty pupils in average daily attendance for such length of time, except in newly establish shoola wherein the minimum average daily year of one hundred and eighty days may be bul twelve pupils and but one teacher; and pro- vided, that I Qg state . i school shall furnish satisfactory evidence to the superintendent of pub- lic instruction of the | r BOnably good equip- ment of building, laboratory, and library, and of having maintained, during the preceding school year, proper high school instruction for a t< rin of at least one hundred and y days; provided further, that the foregoing provisions ting to the average daily attendance and the number of teach* rs employed shall not apply in any case where by n of conflagration or other public calamity it shall be, or has 1». « n, impossible or impracticable to have or to hold sell iol in any BChool or school district so affected, for a period of one hundred and eighty days or to have an aver- age daily attendance of not leas than twenty pupils. [Amendment approved June 14, 1906. In effect imme- diately.] Si c i). | Principal to make annual report — What report must show.] The principal of every high school entitled to Btate aid in accord with the foregoing provisions shall annu- ally at tin (lose of the term and prior to receiving his last month's salary and as a prerequisite for such salary make out under oath and deliver to the county superintendent of tin county or city and county wherein such high school is Bituated a full and complete report of said high school tor 1149 SCHOOLS. Acts 3553a, §§ 7-9 the entire term or school year; such report to show the number of pupils enrolled, the average daily attendance, number of teachers regularly employed, the courses of in- struction pursued, and such other information as may be required by the superintendent of public instruction and the county superintendent of schools, the said report to be made upon blrnks furnished by said superintendent of pub- lic instruction as other school report blanks are furnished; provided, that in the case of joint union high school dis- tricts the principals thereof shall report as above required to county superintendents of each of the counties having territory within such joint union high school districts, and in such reports the statistics of attendance and other data for each county separately and collectively shall be given. Sec. 7. [County superintendent to report annually.] The county superintendent of every county, or city and county, wherein is located a high school, or the building or build- ings of a joint union high school, shall annually, at the time required for making reports of primary and grammar schools, make report under oath to the superintendent of public in- struction, showing the number of pupils enrolled, average daily attendance, number of teachers regularly employed, and such other information regarding the high schools of his county, or city and county, as he may deem proper, or as may be required by the superintendent of public instruction; said report to be made upon blanks furnished by the superin- tendent of public instruction. Sec. 8. [Eequisitions against fund.] It shall be the duty of the county or city and county superintendent- of schools of every county, or city and county, wherein is located a high school, or the building or buildings of a joint union high school, on the order of the board of trustees of such high school, to draw his requisition upon the county auditor against the funds of such high school, but no requisition shall be drawn unless the money is in the fund to pay it, and no requisition shall be drawn upon the order of the board of high school trustees or board of education against the state high school fund, except for teachers' salaries, and the order shall state the monthly salary of the teacher, and name the month or months for which such salary is due. Upon the receipt of such requisition the auditor shall draw his warrant upon the county treasurer in favor of the par- ties for the amount stated in such requisition, and the county treasurer is hereby authorized to pay the same. Sec. 9. [Condition of state aid — Non-resident pupils.] High schools eligible to receive state aid as herein provided Act S653, §§ 10, 11 SCHOOLS. 1150 shall admit as students only such pupils as have completed the full course of instruction prescribed for the primary and grammar schools of tin- county, city or city and cor.nly Wherein the high school is located, or an equivalent course, or such jut pils as may show by thorough examination that their qualifications arc equivalent to the requirements for graduation from said primary and grammar school course; provided, that pupils otherwise qualified to enter a high school atol residing in territory wherein no hi^l) school exists shall have the right to attend any high school that receives si onder the provisions of this act without the payment of tuition fee, if such schools have room or accommodations for them; further provided, that after July 1, 1905, a non-resident pupil shall, in the discretion of the high school board of the high school district where he at- tends, be rt quired to pay a tuition fee to such school equal to the difference between the cost per pupil for main- tenance of such high school and the amount per pupil re- ceived during that school year by such high school from the state. in. | Duty of state controller.] The state controller must keep a separate account of the high school fund raised as provided in sections one and two of this act. He must on the tirst Monday in January and on the first Monday in July in every year report to the superintendent of public instruction a statement of all moneys belonging to the state high school fun. I. lie must draw ins warrant on the state treasurer in favor of any county or city and county treas- urer whenever such treasurer presents, with his indorsement, an order drawn by the superintendent of public instruction against the state high school fund, atol the state treasurer is hereby authorised to pay the same; provided, that in the Of counties having joint union high school districts the order of the su i uTi n t .■ n d en t of puldie instruction and the warrant of the state controller shall he in favor of t he count v treasurer of that county wherein the high school building or buildings are located or Wherein the high school is being conducted. See. 11. [Duty of county treasurer.] It is hereby made the duty of the treasurer of every county, or city and coun- ty that receives state money under the provisions of this aVt to place the same to the" credit of the funds of the re- spective high schools of his county, or city and county, in accord with the apportionment made by the super of public instruction, and to pay Out the sane the provisions of section eight of this act. 1151 SCHOOLS. Acts 3554-3560 Sec. 12. [Eepeal of act of 1903.] The act entitled "An act creating a fund for the benefit and support of high schools and providing for its distribution," approved March 2, 1903, is hereby repealed. Sec. 13. This act shall take effect and be in force from and after July 1, 1905. ACT 3554. Establishing a branch state normal school. [Stats. 1883, p. 89.] This act established a branch in Los Angeles County. ACT 3555. To establish a branch state normal school in northern California. [Stats. 1887, p. 60.] ACT 3556. Establishing a state normal school in San Diego County. [Stats. 1897, p." 114.J ACT 3557. To establish a state normal school in San Francisco. [Stats. 1899, p. 177.] ACT 3558. To authorize and empower the trustees of the state normal school at San Jose to reconvey to the city of San Jose a parcel of land situate in said city and belonging to the state of California, to the said city of San Jose, for the purpose of erecting and maintaining a free pub- lic librarv upon said parcel of land. [Approved March 23, 1901." Stats. 1901, p. 575.] ACT 3559. Text-books in public schools, preventing change in. [Stats. 1875-6, p. 1.] Repealed 1SS0, 42, and by sec. 7, art. IX, of the constitution. (Peo- ple v. Board of Education, 55 Cal. 331.) ACT 3560. To provide for the care and security of the state series of school text-books, by the erection of a fire-proof warehouse to be used for the storage of the same, au- thorizing the appointment of a storekeeper to have the care and custody of said text-books, and appro- priating money to pay the expenses of erecting said ;, § 1 SCHOOLS. UK warehouse. [Approved March 15, 1887. Stats. 18S7, p. 131.] Ten thousand dollafa was appropriated for the purposes Indicated. ACT 3561. An act to provide fur compiling, illustrating, eloctrotyping, printing, binding, 'for. and distributing certain books of PS. of s. hool text-books, and ap- propriai ing mom y ther< for. [Approved March 15, L887 - L837, 139J Defining; additional books for compilation. ton 1. Tn addition to the hooks directed to ho com- piled for use in the common schools of the Btate by sec- tion one of the act entitled An act to provide for com- piling, illustrating, electrotyping, printing, binding, copy- righting, and distributing :i > a of school ' books, and appropriating money therefor, approved Feb- ruary twenty hundred and eighty-fiye, the state board of education shall compile, or cause to be compiled the following described text-books, viz.: One (1) elementary arithm | 1 ) elementary grammar, or langu •ne (1) elementary geography; one (1) physiology and hygiene, inelud of gym- nastic ea to the nature of alcoholic drinks and narcotics, and their effects upon the human Bystem; and the sum of fifteen thousand dol- lars, in addition to the unexpended balance of the sum appropriated by section eight of said act I, is hereby appropriated out of any money in the state tre: ig not otherwise appropriated, for the purpose of compiling, or causing to he compiled, the text hooks hert inbefore enumerated, together with those enumerated in section one of said act aforesaid, and still remaining to he compiled. The appropriation provided for in this section shall be subject to the order of the state board of education; pro- vided, that all demands a^in^r said appropriation shall first be approved by said Btate l>o:ird of education, and pre- sented to the state board of examiners, in itemised form, for their approval; and upon the approval of the --• board of examiners, the controller is hereby authorized 1153 SCHOOLS. Act 3561, § § 2, 3 to draw his warrant upon the state treasurer for the pay- ment of said demands, and the state treasurer is authorized to pay the same- Remuneration for compiling books. Sec. 2. The state board of education shall employ well- qualified persons to compile the books mentioned in sec- tion one of this act, and shall fix the remuneration for the services thus rendered; provided, that if competent authors shall compile any one or more works o.t the first order of excellence, and shall offer the same as a free gift to the people of the state, together with the copyright of the same, and the exclusive riglit to manufacture and sell such works within the state of California, it shall be the duty oi the state board of education to accept such gift, and to expend no money for the purpose of compiling works relating to the subjects treated of in the books thus donated. The state board of education shall fur- nish to the superintendent of state printing designs for all cuts and engravings to be used in the said series of text-books. Supervision of superintendent of state printing. Sec. 3. The printing of all the text-books provided for in section one of this act, and all the mechanical work connected therewith, shall be done by and under the super- vision of the superintendent of state printing, at the state printing office; provided, that the purchase of paper for the school books, and the cardboards, cloth, and leather for covers, shall be procured by advertising for proposals to furnish the same in the manner now provided for by sec- tion five hundred and thirty-two of the Political Code, re- lating to paper supplies for the state printing office: and provided further, that all folding, stitching, binding, and rul- ing shall be done in the state bindery; but the accounts of the school book binding shall be kept separate from those of all other binding. The sum of one hundred and sixty- five thousand dollars, in addition to the unexpended balaucc of the sum appropriated by section nine of said act afore- said, approved February twenty-sixth, eighteen hundred and eighty-five, seven thousand five hundred dollars of which shall be available during the present fiscal year, is hereby Gen. Laws — 73 Act 3561, §§ I, 5 SCH 11*4 appropriated out of any money in the stat< treasury not otherwise appropriated, to purchase the necjessary maehitt- ery, and to properly maintain the Bame, ami to purchase such type and other materials as may be required in the manu- facture of tin- text-books provided f<>r in section one of this act, together with those enumerated in section one iiil ait aforesaid, approved February twenty-sixth, eigh- teen hundred and eighty-five, and remaining to lie manu- ired, :is will as to to pay the salaries or wages of the compositors, binders, ami other persons to lie employed in such manufacture; provided, that the stati board of educa- tion shall first approve the style of printing, engravings an.l illustrations, kind of paper, sine, and binding of vol- umes; sai.l sum to lie drawn 5y the superintendent of state printing in the same i mnn< r as provided in subdivision four of section five hundred and tw. sty-six of the Political Code. S. .ure copyrights. s,c. }. The state board of education shall secure copy- rights to all the Looks that shall he compiled under the provisions of this act, ami shall protect said Copyrights fsOB all infringement. Moneys received kept in state treasury. 5. All moneys that have been received or may hereafter be received from the Btate series <>i s--ho.il ' books shall be kept by the state treasurer as a separate and distinct fund, to be known as the "Stat. School B Fund," which said fund shall- be subjeel to the following drafts, viz.: By the superintendent of state printing for nil moneys needed for manufacturing any editions of any b of the state series, over and above tin tirst fifty thousand copies manufactured of such book, the same to be drawn as provided in subdivision four ..f section live hundred and twenty-six of the Political Code; provided, that all demands on the state school book fund shall lie presented h , ,|,,. state board of examiners in itemized form, for their approval; and upon the approval of the state board of cKamim is, the controller is hereby authorized to draw 1155 SCHOOLS. Acts 3562, Sj«3 his warrant upon the state treasurer for the payment of said demands, and the state treasurer is authorized to pay the same. Sec 6. This act shall take effect from and after its pas- ACT 3562. An act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing an elementary book on* civil government, for the state series of school text-books. [Approved March 19, 18S9. Stats. 1889, p. 327. J Compiling, etc., books on civil government of the United States. Section 1. The state board of education shall compile, or cause to be compiled, the following described text-book for use in the common schools of the state, viz.: One (1) elementary book on the civil government of the CFnitet] States, with a special analysis oi the government of the state of California. Printing of. Sec. 2. The printing of said elementary book on civil government, provided for in section one of this act, shall be done by and under the supervision of the superintendent of state printing, subject to the provisions of section three of an act entitled An act to provide for compiling, illus- trating, electrotyping, printing, binding, copyrighting, and distributing certain books of a state series of school text- books, and appropriating money therefor, approved March fifteenth, eighteen hundred and eighty-seven. Sec. 3. This act shall take effect from and after its pas- sage. ACT 3563. An act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing a Act 3563, §§ 1-3 SCHOOLS. UW state series of school text-books, and appropriating money therefor. [Approved February 26, 1835. Stats. 1885, p. 6.] Amended 1887, 145; 1891, 453. Series of school bonks. Section 1. The Btate board of education shall compile, or cause tn be compiled, for use in the common schools Df the state, a Beriefl of school text-books of the following in, viz.: Three (,T) readers, one (1) speller, one CI) arithmetic, one (1) grammar, one (1) history of the T T itit..! States, and one (1") geography. The matter con- tained in the renders shall consist of lessons commencing with the simplest expressions of the language, and, by a regular gradation, advancing to and including the highest styles of composition, both in prose and poetry. Compilers of same. J. Tlir state board of education shall employ well- qualified persona to compile the books mentioned in sec- tion one of this act, and shall fix th remuneration for the services thus rendered ; provided, that if competent au- thors shall compile any one or more works of the first order of excellence, and shall offer the same as a free gift to the people of the s* her with the copyright of the same, and the exclusive right to manufacture and sell such works within the state of California, it shall be tlie duty of the state board of education to accept such gift, and to expend no money for the purpose of compiling works relating to the subjects treated of in the books thus do- nated. The state board of education shall furnish to the superintendent of state printing designs for all cuts and engravings to be used in the said series of textbooks. Printing and binding. Sec. 3. The printing of all the text-books provided for in section one of this act, and all the mechanical work connected therewith, shall he done by and under the super- vision of the superintendent of state printing at the state 1157 SCHOOLS. Act 3563, §§ i, 5 printing-office; provided, that the purchase of paper for the school books, and the cardboards, cloth, and leather for covers, shall be procured by advertising for proposals to furnish the same, in the manner now provided for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing-office; and provided further, that when the state has its bindery in operation, all folding, stitching, binding, and ruling of the state shall be done in the state bindery; but the accounts of the school book binding shall be kept separate from those of all other binding. Copyrights. Sec. 4. The state board of education shall secure copy- rights to all "the books that shall be compiled under the provisions of this act, and shall protect said copyrights from all infringement. Order of uniform use. Sec. 5. Whenever any one or more of the state scrips of school text-books shall have been compiled and adopted, the state board of education shall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expira- tion of at least one year from the time of the completion of the electrotype plates of said book or books, and there- after such book or uooks shall be used in all the common schools of this state; and no school board or other school authority in this state shall have the power to authorize the use of, nor shall any common school in this stnte use any books as text-books for pupils other than those directed to be used by the order aforesaid of such state board, ex- cept books on such subjects as are not provided for by text- books published by the state. Nothing in this act shall be construed to prevent any county or school district from adopting any one or more of the state scries of school text- books whenever said book or books shall have been pub- lished. The superintendent of public instruction must with- Act 3563, J 6 SCHOOLS. v 11W hold from any city, city and county, county, or from any school district in this S*ate using school books in violation of the provisions of this art and section all state school moneys tu which it may be entitled, until it comply with the requirements of this section; and any moneys so with- held must be apportioned by the superintendent at the next annual apportionment in the same manniT as other school moneys in the treasury. [Amendment approved March 31, 1891. Stats. 1891, p. 453.] Text-books, how obtained. Sec. 6. All orders for text-books shall be made on the Superintendent of public instruction, and shall be accom- panied by cash, in payment foe the same, at the price fixed by the state hoard of education m the cost fries at Sacra- mento; provided, that if the books are to be shipped by mail, the cost of postage shall also a mpany the order. The following persons shall be entitled to order books: 1. County superintendents of schools, for the use of tearhors, parents, and pupils in tin ir counties only. 2. Principals of state normal schools, for their own and for the use of the pupils in their respective schools only. 3. The secretary or clerk of any school district in the state, whether incorporated or op. rating under the general law of the state, for the use of the pupils in such district only; but no books ordered by the county superintendents, or clerks of district boards of tn Is of state normal schools, shall be sold at a price i seceding the cost price at Sacramento, with the actual cost of freight and cartage added. 4. Any retail dealer who shall first transmit to the state superintendent of pttbbc instruction an affidavit, duly sub- scribed by him. in substance as follows, to wit: "In consideration of receiving for sale, upon the in or upon any future order, the series of school text -books, or any part thereof, published by the state of California, I hereby agree that I will not sell the same to an\ pi or persons for the purpose of being Bold again, or ts any 1159 SCHOOLS. Act 3563, J 7 person or persons beyond the limits of the state of Cali- fornia; and that I will not sell said series of text-books or any part or portion thereof, at a price exceeding the price to the pupil fixed by the state board of education." Said affidavit shall be indorsed by the county superin- tendent in the following words, viz.: "I hereby certify that ( A B) is a regular retail dealer in school books in county, C D, county superinten- dent. ' ' It shall be the duty of the state superintendent of public instruction to furnish, at once to each county superintend- ent, for the use of any dealer in his county who may apply for permission to sell the books of the state series, printed copies of the above affidavit, together with the list of prices of such books fixed as the cost price at Sacramento, and the price to the pupil; and any dealer who shall fail to comply with the conditions of such affidavit shall forfeit his right to any further purchase of said books from the state. And it shall be the duty of the superintend- ent of public instruction to report to the state controller, on or before the fifth day of every month, the number of books sold by him during the preceding month, and pay the moneys received for the same into the state treasury. It shall also be the duty of the superintendent of state printing, on or before the fifth clay of every month, to re- port to the state controller the number and value of the books shipped by him on the order of the state superin- tendent of public instruction, and the number and value of the finished books on hand. [Amendment approved March 15, 1887. Stats. 1887, p. 145. In effect immediately.] Duties of board of supervisors. Sec. 7. It shall be the duty of the boards of supervisors of the counties or cities and counties in this state to pro- vide a revolving fund, for the purpose of enabling the county school superintendents to purchase the state text- books; all moneys to be taken therefrom to be replaced by the moneys received from the sale of said books to the Act 2063, §§ S- 10 SCHOOLS. 1160 scholars of the public schools of his county, cither by him- self or by the teachers of the public schools, or the clerks of boards of district trustees. [Ami ndment approved March 15, 1887. Stats. 1887, p. 146. In effect immedi- ately.] » Appropri;.tion for compilations. Sec. 8. The sum of twenty thousand dollars is hereby Appropriated, out of any money in the state treasury not otherwise appropriated, for the purpose of compiling, or causing to be compiled, the series of text-books for the common schools, as set forth in section one of this act. The appropriation provided for in this section shall be subject to the ord« r of the state board of education; pro- rided, that all demands against said appropriation shall first be approved by said state board of education and presented to the- state board of examiners in itemized form for their approval, and upon the approval of the state board of examiners, the controller is hereby author- ized to draw his warrant upon the state treasurer for the payment of said demands, and the state treasurer is au- thorized to pay the same. Appropriation for presses, type, etc. Sec. 9. The sum of one hundred and fifty thousand dol lars is hereby appropriated out of any money in the state- treasury not otherwise appropriated, to purchase the neces- sary machinery, ■ pes, bindery, electrotyping ap- paratus, and such other material as may be required in the manufacture of the text-books provided for in sec- tion one of this act, as well as to pay the salaries or wages of the compositors, binders, and other persons to be em- ployed in such manufacture; provided, that the state board of education shall first approve the style of print- ing, engravings, and illustrations, kind of paper, size, and binding of volumes; said sum to be drawn by the super- intendent of state printing in the same manner as provided in subdivision tour of section five hundred and twenty-six of the Political Code. Furnished at cost of printing. Sec. L0. All school books compiled by the state shall be furnished to the public school children of the stat. at the cost of printing, publishing, and distributing the 1161 SCHOOLS. Act 3564, § 1 same; said cost to be ascertained and fixed by the state board of education, on or before the fifteen the day of June of each school year; and it is further enacted, that the cost of distribution shall be taken to be the cost of postage required for mailing each book. [Amendment approved March 15, 1887. Stats. 1887, p. 146. In effect immediately.] Sec. 11. All acts or parts of acts in conflict with the provisions of this act are hereby repealed Sec. 12. This act shall take effect immediately. Superintendent of public instruction to employ assistance. See. 4. The superintendent of public instruction is hereby authorized to employ assistance necessary to the carrying out of the provisions of this act. And the con- troller is hereby directed and authorized to draw his war- rants for a sum not exceeding two thousand dollars an- nually, on the general fund of the state, for the payment of such assistance. [Amendment approved March 15, 1887. Stats. 1887, p. 146. In effect immediately.] The amendment ad'ded this new section at the end, but did not give It a new number. This number is the amendment section number. ACT 3564. An act to provide for the revision of certain books of the state series of school text-books, for the compilation of an additional book of said series, and for the con- tinued publication of the same; and to authorize and direct the use, for these purposes, of the money ac- cumulated in the state school book fund. [Approved March 9, 1893. Stats. 1893, p. 85.] Section 1. The state board of education is hereby au- thorized and directed to revise the following books of the state series of school text-books, viz.: The first, second, and third readers, the English grammar, the United States history, and the advanced arithmetic, and to compile a primary history of the United States; and in such revision and compilation may employ well-qualified persons to as- sist them; provided, that in revising said readers the board may cause them to be issued in a series of five books or less, in their discretion; and the board shall furnish to the superintendent of state printing designs for all cuts and engravings to be used in the books revised and compiled under the provisions of this section. Act S564. § J 3-5 SCHOOLS. U6. Sec. 2. All ind< btednesa incurred by said hoard in car- rying ont the provisions of section one <»f this act shail I" paid out of the money accumulated in the state school l>"ok fund from the sale of the state scries of school text- books; provided, thai all demands bo account of such in- debtedness shall first be approved by said state board of education, and presented to the state beard of examine**, in itemized form, for their approval, and upon the ap- proval thereof by the state board of examiners the eon troller is hereby authorized to draw his warrant upon the Btate treasurer for the payment of said demands, and the state treasurer is authorized to pay the same; provided further, that the indebtedness incurred by sa ; d beard in carrying ant the provisions of seetioi one of this act shall not exceed the sum of twenty-five thousand dollars , which sum is hereby appropriated from the state ol book fund for the use of the said board iu the {.remises. Bee. 3. The state board of education shall secure copyrights to all tin books that shall be revised or com- piled, as the case may be, under the provisions of this act, and shall protect said copyrights from all infringement. Bee. 4. Whenever any one or more of the state series of school text-books shall have been revised or compib d, the state board of education shall issue an order requiring the uniform use of said book or books in the common schools of the state; but said order for the uniform use of said book or books shall not take effect till the expiration of at least one year from the time of the completion the electrotype plates of said booh or books. Nothing in this act shall be construed to prevent any county, city. city and county, or school district from using any one or more of the state series of school text books provided for in this ad, whenever said book or books shall have been publisln d. 5. The printing and binding of all text book- cified in section one of this act, and all the mi work connected therewith, shall be done by a^d under the supervision of the superintendent of state printing, at the state printing-office; provided, that the purcho.se of pi for the school hooks, and the binder's boards, cloths, and leather for covers, Bhall be procured by advertising for pro|>osals to furai^h the BAJDA, ; n the manner now providi 1 116S SCHOOLS. Act 3565 for by section five hundred and thirty-two of the Political Code, relating to paper supplies for the state printing- office. Sec. 6. Whenever the appropriations heretofore made from the general fund to the use of the superintendent of state printing for the manufacture of books of the state series of school text-books is exhausted, all indebted- ness incurred for the further manufacture of said book3 shall be paid from the state school book fund, together with all indebtedness incurred for the purchase and proper maintenance of such necessary machinery as may be re- quired in the manufacture of said books, and to purchase such type and other materials as may be required for the same; provided, that all demands on the state school book fund, for the purposes enumerated in this section, shall be presented to the state board of examiners, in itemized form, for their approval; and upon the approval of the state board of examiners, the controller is hereby authorized to draw his warrant upon the state treasurer for the pay- ment of said demands, and the state treasurer is authorized to pay the same. Sec. 7. This act shall take effect immediately. ACT 3565. An act to provide for the levy and collection of taxes by and for school districts, except in municipal corpora- tions of the first class. [Approved February 14, 1891. Stats. 1891, p. 4.] Section 1. In all cases- where the board of school trus- tees, board of school directors, board of education, or other governing board of any school district in this state, ex- cept in [a] municipal corporation of the first class, has or may hereafter have power to raise money by taxation with- out a vote of the people of the school district, in addition to the funds provided by state and county for school or educational purposes, such money shall be raised and such taxes shall be levied and collected in the manner fol- lowing, to wit: The board of trustees, directors, or board of education shall, within the limits fixed by law, esti- mate the amount of money to be so raised by taxation, and required by their respective districts for school purposes during the year next ensuing, which year shall begin on the first Monday of January, at twelve o 'clock, M. Said meeting for such purpose shall be held between the first and twentieth day of September in each year; said esti- mate, Bhowing th< amount and for what purpose the same is to be used, shall b I upon the reeordfl of the board making the same, and signed by a majority of said board, and attested by the clerk or secretary of said board. Said clerk or seen t irv shall immediately furnish to the board of Supervisors of the county in which such district is situated a copy of said record containing such es- timate, which shall show the name of the district, the amount of money to be raised, and the purposes for which it is to be used. Sec, 2. The board of supervisors, upon receipt of such . must, at the time of levying the county tax.-. levy a tax upon all the taxable property in the school district requiring such money BUflicient to raise the amount; the rate of taxation shall If ascertained by deducting fif- teen per cent for anticipated delinquencies from the ag- gregate ass< iSed value of the property in the district as it appears on the assessment roll of the comity, and then divide the amount to be raised by the r< maindex of said agoi .ssi d value. The taxes so levied shall be computed and entered or. the assessmi at roll by the county auditor, and collected at tin same time and in the same manner as state and county taxes; and when col- lected, shall be paid into the county treasury for the use of the district for which Baid money was collected. The county treasurer shall, upon demand, pay out such honeys to the district entitled thereto, in the same manner as other school moneys are paid out by such treasurer. Sec. 3. All acts and parts of acts in conflict with this aet are hereby repeal* d. The code commissioners say of this act: "Modified, pcrhnps re- pealed, by Political Code, sees. 1830 and 1836, aa amende.! ACT 3566. To enable cities of the fifth class to issue bonds for the purchase of school h. thi building of BCAOOlhouses and supplying the same. [Sluts. 1S91, P. 864.] Repealed 1SS3, 2S5. 1165 SCHOOLS. Act 35G7, §§13 aCT 3567. An act to enable school districts, in cities of the fifth class, and school districts which embrace territory a portion of which is within and a portion of which is without such cities of the fifth class, to issue bonds for the purpose of raising money to purchase school lots, and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary ap- paratus, and improving the grounds, and for liquidat- ing any indebtedness already Incurred for such pur- poses, and to repeal an act approved March 31, 1891, entitled "An act to enable cities of the fifth class to is- sue bonds for the purpose of raising money to pur- chase school lots and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already incurred for such purposes." [Approved March 23, 1893. Stats. 1893, p. 292.] Amended 1897, 103. Section 1. The board of education of any school district in a city of the fifth class, or of any school district which embraces territory, a portion of which is within and a portion of which is without such city of the fifth class, may, when in their judgment it is advisable, and must, when requested by the board of trustees of such city, call an election and submit to the electors of the district whether the bonds of such district shall be issued and sold for the purpose of raising mouty to purchase school lots, and for building or purchasing one or more schoolhouses, and supplying the same with furniture, necessary appara- tus, and improving the grounds, and for liquidating any in- debtedness already incurred for such purposes. [Amend- ment approved March 11, 1897. Stats. 1897, p. 103. In ef- fect immediately.] Sec. 2. Such election must be called by posting notices, signed by the board of education, in three of the most public places in the district, for not less than twenty days before the election, and by publishing such notices, in some newspaper published in such city, not less than once a week for three successive weeks. Sec. 3. Such notices must contain: Act 3:67, §} 4-7 SCHOOLS. HM 1. Tin' time and place of holding such election. 2. Tlir names of on.' inspector ami two judges in each voting precinct in said district, to conduct the same. :*.. Tin' hours during the day, not less than six hours, in which tlir polls will In open. 4. The amount and d< nomination of the bonds, the rate of interest, and the number of vi :irs, not exceeding ten, the whole or any part of said bonds are to run. 1. Bnch election shall be held, in all respects as Dearly :i- practicable, in conformity with tin genera] elec- tion law; provided, that no particular form or ballot shall be required, excepting that the words to appear on the ballots, which shall l>c ' ' I'.ntids Vt s, ' ' or "Bonds — No"; nor shall any informalities, not amounting to fraud, in con- ducting such election, invalidate the same. :,. On the seventh day after said election, at o'clock, I'. M.. tin n turns having In - n made to the board of education, the board must unit and canvass said returns, and if it appears that two-thirds of the votes ias( at said election win- in favor of issuing such bonds, then tin' board shall cause an entry of that fad to in- made u|ion its minutes, and shall certify to tin board of super- visor- of the county in which said district is located the proceedings had in the pnmi^ s; and thereupon said rd of supervisors shall be and they are hereby author- ized and directed to issue the bi such district to the numlier and amount provided in such proceedings, pay- able out of the bond fund of BUCh district (naming the •d that the money Bhall b< raised by taxation upon the taxable property in said district for the redemption of su'd bonds, and the payment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per t of the taxab ty of the 'lis- trfct as shown by the last equalized assessment of the prop* rty in su«-h school disl riet. s, ,-. 6. The board of supervisors, by an order entered opon its minutes, shall prescribe tin- form of Baid bonds, .,,,,1 ,,f the interest eouponB attached thereto, and must, fix the time when the whole or any part of the principal of said bonds shall 1m- payable, Which shall not lie more than t, n \ , an from the dale tin n of. See. 7. Said bonds must he payable in gold coin of the United States; must be signed by the president of the 1167 SCHOOLS. Act 3567, J S board of supervisors, and countersigned by the clerk of thp county, who must affix the county seal thereto; must not bear a greater rate of interest than eight per cent, said interest to be payable semi-annually in like gold coin; and said bonds must be sold in the manner prescribed by the board of supervisors, but for not less than par, in gold coin of the United States, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the building fund of said school district, and be drawn out for the purpose aforesaid as other school moneys are drawn out. Sec. 8. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district for the interest and redemption of said bonds; and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay such annual interest; and to pay, an- nually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied, when collected, shall be paid into the county treas- ury to the credit of the building fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and inter- est on said bonds shall be paid by the county treasurer, upon the warrant of the auditor, out of the fund provided therefor; and it shall be the duty of the auditor to can- cel and file with the treasurer the bonds and coupons as rapidly as they are paid. This section shall also apply to all cases where bonds were issued under the provisions of the aforesaid act, approved March 31, eighteen hun- dred and ninety-one, and in such cases all moneys collected under the provisions of this section shall be paid by the county treasurer, upon the warrant of the auditor, to the city treasurer of the city where such bonds and the inter- est thereon are payable Warrants for all such moneys shall be drawn by the auditor from time to time, upon the demand of such city treasurer. [Amendment approved March 11, 1897. Stats. 1897, p. 104. In effect immedi- ately.] Act 3568 SCHOOLS. U«8 Sec. 9. If the board of supervisors of any county in which any school district has issued bonds, under the pro- visions of this act or under the provisions of said act ap- proved .March thirty-first, eighteen hundred and ninety-one, shall fail to make the levy necessary to pay such bonds or i maturity, and the same shall have been pn st nted to the count er, and the payment thereof refused, the owner may ale the bends, together with all un- paid coupons, with the state controller, taking his receipt therefor, and the Bame shall be registered in the state con- trollers' office; and the state board of equalization shall, at their in \t b< ision and at each annual equalization there- after, add to thi Btate tax to be levied in said district a sufficient rate to raise the amount of principal and interest due prior to the aexl levy, and the same shall be levied and coll. part of tin state tax, and paid into the saury, ami passed to the special credit of such district hum 1 tax, and shall be paid by warrants, as the payments mat the holder of such registered obliga- tions, as shown by tl! ' r in the office of the state controller, until the same shall be fully satisfied and dis- charged; any balance then remaining shall be transmitted to the treasurer of the county in which is situated the dis- trict by which such bo i< d, and shall be placed by the county treasurer to the credit of the general school fund of said district. [Amendment approved March 11, 1897. Stats. 1897, |>. 104. In effect immediately.] Sec 1". The act approved March thirty-first, eighteen hundred and ninety-one, entitled ''An act to enable cities of the lii'th class to issue bonds for the purpose of raising money to sell ml lots, and for building or pur- chasing oue or more schoolhouse.s, and supplying the same with furniture, necessary apparatus, and improving the grounds, and for liquidating any indebtedness already in- curred for such purposes," is hen by repealed. 11. 'Phis act shall take effect and be in force from and after its passage. ACT 3568. An act to provide for the change of name of school dis- tricts and the manner of making such change. [A]. proved March 1*1, 1903. Stats. 1903, p. 163.J The people of the state of California, represented in senate and aasi nd.lv, do enact as follows: m I. Whenever a petition shall be presented to the board of supervisors, signed by at least fifteen quali- 1169 SCHOOLS. Acts 3569, 3570, J 1 fiecl electors of said district, asking that the name of any school district be changed, the said board of supervisors shall designate a day upon which they will act upon such petition, which day must not be less than ten days nor more than forty days after the receipt thereof. The clerk of the said board of supervisors must give notice to all parties interested, by sending by registered mail to -each of the trustees of such school district, a notice of the time set for the hearing of said petition, which notice must be mailed at least ten days before the day set for hearing, whereupon the board shall by resolution either grant or deny the petition, and if granted, the elerk shall notify the county superintendent of the change of the name of said district. Sec. 2. This act shall take effect immediately. ACT 3569. An act to provide for the appointment and salary of a clerk in the office of the superintendent of public in- struction, and to make an appropriation therefor. [Approved March 27, 1895. Stats. 1895, p. 238.] Section 1: The superintendent of public instruction may appoint an additional clerk, who shall be a stenographer, at a salary of twelve hundred dollars per year, payable in the same manner as the salaries of other civil officers of the state are paid. Sec. 2. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of twenty-four hundred dollars, for the payment of said clerk's salary for the forty-seventh and forty-eighth fiscal years, commencing July first, eighteen hundred and ninety- five. Sec. 3. This act shall take effect immediately. ACT 3570. An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties of the state. [Approved March 26, 1895. Stats. 1895, p. 170.] Amended 1897, 225; 1901, 676; 1903, 271. Section 1. The superintendent of public schools, or in consolidated cities and counties, the superintendent of Gen. Laws — 74 Act 3.070, § 2 SCHc ,170 common schools, the county tit usurer, or in consolidated cities and counties, the eity and county treasurer, and tne chairman of the board of supervisors, or in consolidated the mayor, of each county, or con-. BoXidatcd city and county, and their successors in office, are ited :i board of trustees of the public-school tiers' annuity and retirement fund, to manage the hereinafter directed; said board shall be known as 1 teachers' retirement fund commissioners, and its members shall serve without extra compensation, and sh.nl 1 be liable on their official bonds for the performance of the duties imposed by this act. It shall be the duty of the district attorney of every county, or the city and county attorney of every consolidated city and county, to attend - in which the said board of comn may bo legally interested, and to give his advi inion, in writing, whenever required by said board. [Amendment approved March 29, 1897. Stats. 1897, p. 22-"). 1 : iately.] Bee. 2. The public school teachers' retirement fund com- missioners shall organize as such board by choosing one of their number as chairman, and one as seen tarv. The county treasurer, or in consolidated cities and counties, the city and county treasurer, shall be ex-officio treasurer of said retire- ment fund. Said board shall hold quarterly meetings on the third Saturday in January, April. duly, ami October of each vi ,r, at the office of the county superintendent of public or, in consolidated citi< s and counties, at the office of the superintendent of common schools. It shall bienni- ally, at its meeting in .January, select from its members a chairman and a secretary. A majority of its members shall constitute a quorum for the transaction of business. It shall report annually to the board of supervisors of the county, ox Consolidated city and county, the condition of said re- tirement fund, and the receipts and disbursements on account of the same, with a full and complete list of the 1" ih (iciaries of said fund, and the amounts paid to each of them. [Amend- 1171 SCHOOLS. Act 3570, §5 3-5 mcnt approved March 29, 1897. Stats. 1S97, p. 225. In effect immediately.] Old section three amended and renumbered section eight. Sec. 3. Said board of public school teachers' retirement fund comniis 'oners shall issue warrants, signed by its chair- man and secretary, to the persons entitled thereto, for the amounts of money ordered paid to such persons from said fund by said board, stating therein for what purpose such payment is made, and the treasurer shall pay such war- rants on presentation. Said board shall keep a record of all its proceedings, and said record shall be open to public inspection. It shall, at each quarterly meeting, make a list of all persons, if any, entitled to payment out of the funds provided by this act, and enter said list in a book to be kept by them for that purpose, to be known as the public school teachers' annuity and retirement fund book, which list shall be sworn to as correct by the chairman and the secretary of said board, and which shall be open to public inspection. [New section approved March 29, 1897. Stats. 1897, p. 226. In effect immediately.] Sec. 4. In addition to the powers hereinbefore granted to said board, it shall have the power, (1) to provide for the payment of its necessary expenses, such as printing, stationery, and postage stamps; and where the number of those subject to the burdens of this act is greater than one hundred, it may employ a clerk at a salary not to exceed fifty (50) dollars per annum; and (2) to make such need- ful rules and regulations for the transaction of its business, from time to time, as may be necessary; the said expenses and the said clerk's salary shall be paid from the annuity fund in such counties or consolidated cities and counties, wherein there shall be "annuity funds," but, wherever there shall be no "annuity fund," the said expenses shall be paid from the "distribution fund," and the said salary from the reserve fund. [Amendment approved March 20, 1903. Stats. 1903, 271. In effect immediately.] Sec. 5. Those subject to the burdens of this act in each county, or in each consolidated city and county, at a Act 3070. J 5 SCHOOLS. U™ mooting called for the purpose by the superintendent of public schools of such county or of such city and county, OB the tirst Saturday in May following the creation of the fund hereinafter specified, shall elect by ballot five of their DQmbi r, who shall constitute a committee on retirement; the members of said committee shall, immediately after their election, classify themselves by lot so that one shall serve for one y.ar, two servo for two years, and two shall serve tot three years; and, annually, at a meeting to be called in the same manner tm the first Saturday in May of inch year after the first meeting, the successor or succes- of the member or members of said committee whose term of office is about to expire, shall be elected for a term of three years; provided, however, that said commit- tee shall always consist of at least one class teacher from some primary school, nm From some grammar school, and one from some high school in the county, or consolidated city and county, wh( D< v. r such election is possible. In the event of B vacancy, the superintendent of schools shall appoint until the next annual eh ction. Within fifteen days after the taking effect of this amend- atory act. the contributors to said fund in any county, or consolidated city and county, in this state, at a meeting call.,1 for that purpose, by the superintendent of public Is of such county, or consolidated city and county ^ t ,r if I, refuses to call such meeting, then such meeting may be calkd by ten of such contributors), may sell ct and designate by resolution adopted by a ma- jDrity vote of those present, which of the two alternatives presented in s, ,tion 8 class two, in section 8 class six, in section 8 class seven, and in section 11, respectively, shall be followed in such county or consolidated city and county. In the event that no such meeting is called or held for the purpose of making such selection and designation, the said contributors in such county, or consolidated city and countv, win rein no such meeting shall be held, will bo 1173 SCHOOLS. Act 3570, 5 6 deemed to have selected the first (marked subdivision "A") of each of the above mentioned alternatives. In counties and consolidated cities and counties where a public school teachers' annuity and retirement fund shall be hereafter created the said selection and designation shall be made at the said meeting to be held on the first Saturday in May following the creation of said fund. After any selection and designation shall have been made, pur- suant to this section, no change shall ever be made there- after in that connection. A certified copy of all resolutions adopted pursuant to this section shall be furnished by said meeting of said contributors to the board of public school teachers' retirement fund commissioners of sueh county or consolidated city and county. [Amendment ap- proved March 20, 1903. Stats. 1903, p. 271. In effect im- mediately.] Old section 6 amended and renumbered 10. Sec. 6. The board of education of any incorporated city or town, and the board of trustees of any school districts outside of said city or town, shall refer all applications for retirement to said committee on retirement, or may, of its own motion, submit the name of any person or persons, whom it desires to have retired, to the said committee on retirement, and it shall thereupon be the duty of said com- mittee to investigate the case and report to said board of education or board of trustees, whether or not said teacher should be retired, and the annuity to which said teacher is entitled, if -entitled to any. At least three members of the said committee must concur in the report, if it be in favor of granting said annuity. This report of said committee shall be final. Said board of education, or board of trus- tees, shall thereupon certify and send this report to the public school teachers' retirement fund commissioners, who shall be bound by its decision. [JNew section, approved March 29, 1897. Stats. 1897, p. 227. In effect immediately.] Act 3570, §§ 7, 8 J74 I r< numbered 12. :•- granted to committee on retirement, it shall have the power (1) at ti Tul and testify be- fore it on all mat! ing to the operation of this net, and any nn mbcr of said committee may administer an or affirmation to men witness in the tonn prescribed in < ■ ( 1 1 1 r t s of juatici make such rules and regulations for the ti ess M may from time to time 1)0 i | X' w B( etion approved March 29, 1897. In effect immediately.] I and renumtx nil 13. • eupant of 1 in subdivision four of section twelve of this s been a contributor under the pro\ and who has ceased teaching, for a ; to occupy such office, may again tx come a contributor upon returning to teaching in the public •oming an occupant <>t any mentioned in said snlulivision four of sec- tion twelve, and shall thereupon 1"' credited with his said I r< vi'ius servi provided, that no person sha' to a public school ' annuity and retirement fund under this act who dors not hold a valid diploma to teaeh in the public schools of this annuitants under this a si are classed as follows: Annuitants. shall have served in the pub] this state for thirty years as a teacher, and who sha!. - : t to the burdens imposed by this act for thirty years, shall be entitled to retire under • bis act. s and counties, payable quarterly; provided, that such appli- cant for retirement is, at the date of the taking effect of this amendatory act, a contributor to the public school teachers' annuity and retirement fund in the county or con- solidated city and county, where he is teaching or holding such office, or becomes a contributor thereto within ninety (90) days after he becomes such teacher or such office- holder, and shall have paid into the said fund, at the time of such retirement, a sum- aggregating what he would have paid into said fund in thirty (30) years, had he been a contributor thereto for that period; provided, further, that annuities under this class shall not begin until five (5) years after the retired teacher became a contributor. B. Such applicant upon retirement shall receive from the public school teachers' annuity and retirement fund the sum of five (5) dollars per month, payable quarterly, Act 3570. $ 8 SCHOOLS. 1176 for every two and one-half (2*£) years (or fraction thereof equal to or greater than one-half of two and one-half years) such teacher or office-holder shall have contributed to saiil fund, until the maximum annuity of thirty (30) dollars per month in counties and fifty (50) dollars per month in consolidated cities and counties shall have reached; provided, that Buch applicant for retire- ment is, at the date of the taking effect of this amenda- tory act, a contributor to the public Bel ' an- nuity and retirement fund in the County, or consolidated city and county where he is teaching or holding such of- liee, or becomes a contributor within ninety (90) days after tin taking < ffc ct of this amendatory con- tributor thereto within ninet days after he becomes mich teacher or Buch office holder. No teacher <>r office holder shall be retired until he has In shall have paid into said fund, at the time of such re- tirement, a sum aggregating what he would have paid into said fund in thir; had he been a contributor tin reto for that period. Nil teach* r or office holder shall be retired until he has been a contributor to the fund for five (5) years. I lass Three Any public school teacher who shall have Berved for thirty trenty five of which shall have been in the public schools of this state, or partly in the public schools of this Btate and partly in one or more of tin offices mentioned in said subdivision four of section twelve, and who shall have been subject to the burdens impost d by this act for twenty-tive years, shall receive upon retirement after thirty years oi . the sum of thirty (30) dollars per month in counties, and ttfty dollars per month in consolidated cities and counties, payable quarterly; provided] be shall have paid into the said fund, at the time of such ret i n mi nt , a Bum a_ gating what he would have paid into said fund in thirty is, had he been a contributor thereto for that pi riod. 3S Four. Any public school teacher or any officer mentioned in said subdivision four of section twelve, sub- ject to the burdens of this act, who shall remove to another county in this state, may continue to be a contributor to the public school teachers' annuity and retirement fund in the county, or in the consolidal d city and county, from which he removed, so long as he continues to be a public 1177 SCHOOLS. Act 3570, § 8 school teacher or the occupant of one of said offices; and it is hereby made the duty of the county treasurer of the county, or consolidated city and county, wherein such teacher or officer agreed to become subject to the burdens of this act, to receive such contributions of such nonresi- dents, and to place such contributions to the credit of the public school teachers' annuity and retirement fund. Class Five. Any teacher who ceases to serve in the public schools of any county, or of any consolidated city and county, or who ceases to serve in one of the offices mentioned in said subdivision four of section twelve, in the county or consolidated city and county, where he has been subject to the burdens imposed by this act, and who shall have served in the public schools of this state for thirty (30) years, or who shall have served partly in the public schools of this state and partly in one or more of the offices mentioned in said subdivision four of section twelve, for an aggregate period of thirty (30) years, shall be en- titled to retire, and to receive from the public school teachers' annuity and retirement fund of the county, or con- solidated city and county, to which he has contributed for at least five (5) years, an annuity equal to such proportion of the maximum annuity granted under this act as the time he has been subject to the burdens imposed by this act in such county, or consolidated city and county, bears to the period of thirty years. Class Six. Contributors to said public school teachers ' annuity and retirement fund retiring under this class, shall be retired either under subdivision A, or subdivision B hereof, as the contributors to saiel fund in such county, or consolidated city and county, shall have selected to follow, as provided in section five of this act. A. If any teacher, or any office-holder mentioned in said subdivision four of section twelve, after the expiration of fifteen (15) years, and before the expiration of thirty (30) years, of service in the public schools of this state, or of service partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, shall be compelled, by reason of in- capacity, to retire from public school service, or from one of the offices mentioned in said subdivision four of section twelve, while holding a valid certificate or diploma to teach in the public schools of this state, such retiring teach- er, or office-holder, if a contributor to the said fund at 70, § S SCHOOLS. the tinip of retirement; shall be entitled to rcceivo, from the public Behool teachers' annuity and retirement fund, as many thirtieths (30th) of the full annuity as he has had years of said service, by paying into the public, school annuity and retirement fund the contributions to said fund corresponding to those years of service rendered at a time win a, or in a p . it was imp h contributions by reason of thi nonexistence of a public Bchool teachers' annuity and retirement fund; provided, (hat he shall have contributed to the said fund for five years before he becomes an annuitant, B If any teacher or any office-holder mentioned in subdivision four of Bection twelve, after the expira- tion of fi v.- years, and before the expiration of thirty years of m rvice in the publie Bchools of this state, w of scr- purtly in the said public Schools and partly in one or more of the offices mentioned in said subdivision f«ur of section twelve, shall be compelled by reason of inca- pacity, to retire from public school or from one of I mentioned in said subdivision four of section twelve, while holding a valid certificate or diploma to teach in the publie - • such retiring • r office-holder, if a < tributor to the said fund ; ,t the time of retirement, shall be entitled to receive txom the public school teachers' annuity and retirement I a sum in dollars equal to such proportion of the maxi- mum annuity granted under this act as the time he shall havi been subject to the burdens of this act bears to the period of thirty years; provided, however, that those who have served in the public schools of this state, or partly in tin said public si- 1 Is and partly in one or more of the offices mentioned in said subdivision four of section twelve, at a time when, or in a place where, it was impossibli to make contributions to said fund, by reason of the non- of said fund, may receive in addition to the pro portion of the maximum annuity last hereinabove speed tii d. such an additional proportion of the full annuity as the number of years of said service, wliile not bur 'dened with the provisions of this art, bears to thirty yiais; provided, further, that they shall have paid into the said fund, at the time of their retirement, an amo equal to what they would have paid into said fund had thev been subject to the burdens imposed by this act for the full time of said service, not to exceed thirty years; and provided, further, that no person retired under this sub- 117:1 SCHOOLS. Act 3570, § 8 division B shall ever receive a greater annuity than he would have received had he retired on account of years of service; and provided, further, that he shall have con- tributed to the said fund for five years before he becomes an annuitant. Class Seven. Contributors to said public school teach- ers' annuity and retirement fund, retiring under this class, shall be retired under either subdivision A, or under sub- division B, hereof, as the said contributors to said fund in such county, or consolidated city and county, shall have selected to follow, as provided in section five of this act. A. Any public school teacher who shall have been sub- ject to the burdens imposed by this act, for a period of at least five years, and who shall have served in the pub- lic schools of this state for a period of fifteen (15) years, or partly in the said public schools and partly in one or more of the offices mentioned in said subdivision four of section twelve, for a period of fifteen years, and who has held a valid certificate or diploma to teach in the schools of this state during all said period, and who shall have been declared incapacitated, by the committee on retire- ment, to perform the duties of a public school teacher, or the duties of the office which he may be occupying, if he should be occupying one of the offices mentioned in said subdivision four of section twelve, shall be entitled to retire and to receive an annuity from the public school teachers' annuity and retirement fund, equal to such pro- portion of the maximum annuity granted under this act as the time he has been subject to the burdens imposed by this act bears to the period of thirty years. B. Any public school teacher who shall have been sub- ject to the burdens imposed by this act for a period of five year3 (5), and who shall have served in the public schools of this state for a period of five (5) years, or partlv in the said public schools and partly in one or more of the offices mentioned in said subdivision four .of section twelve, for a period of five years, and who has held a valid cer- tificate to teach in the schools of this state during said period^ and who shall have been declared incapacitated by the committee on retirement, to perform the duties of a public school teacher, or the duties of the office which he may be occupying, if he should be occupying one of the offices' 'mentioned in said subdivision four of section twelve, shall be entitled to retire, if a contributor to the fund at Act 3570, § 8 SCHOOLS. time of retirement, :ui one half of the burdens, and shall be entitled f the te in fits, of this act; provided, that any pnli! teach r who is employed both in a day and an >■ I] be considered foi the purposes of this ed in a day school only; provided, fur- rening public school teacher, who at any time tire men t under the pro- ■•' this act shall be- r, or an occupant of one ■ four of section twelve, Bhall upon retirement as a day public school teach- er, rs, he credited with half time for his sai.l evening school * rvico, under the class in which be Hi ircd. •': School and Other Public School Teachers. 1 1 i rr), school ■• public school teachers in counties, or in consolidated cities and counties, in which the act of which this act is been in force, who were unable by reason of any i' in in the terms of said act, to !■ irs, shall be allowed, upon admis- sion undtr the ti rms of this rot, and upon the payment of the amon would have paid had t contribu- tors, to date the time of their admission from the time of the organization of the public school teachers' annuity and r.t. rem. nt fund in their county or ited city and county. I hereby directed to pay into the publi lera' annuity and retirement fund of their : : rilmtions of teachers and offi- paid I'.v.or through, city treasurers, in the same manner as provided in the act of which this act [| itory, to tie paid by the treasurer of a county, Lit. d city anil county. Compliance with these provisions shall render any pub- lic high ■ other public Bchool teacher eligible to fits provided in any one of the eight classes of annuitants in this tted to which such teacher may be qualifii d. USi SCHOOLS. Act 8570. §5 9. 10 Suspension of Annuities. Any and all annuities shall be suspended if the recip- ient returns to the profession of teaching or becomes the occupant of one of the said offices mentioned in subdivision four of section twelve. Any annuity less than two thirds of the maximum annuity shall cease at the expiration of one year from the time at which the committee on retire- ment, constituted in section five of this act, shall decide that the recipient has been restored to the capacity of per- forming the duties of a public school teacher. All teachers now employed in the public schools of this state who filed the notice specified in the act of which this act is amendatory, within ninety days after the passage of this amendatory "act in counties or in consolidated cities and counties where the provisions of any act or acts to which this act is amendatory are now applicable, and all other public school teachers in other counties or consoh- dated city and county who become contributors within ninety days after the establishment of a public school teachers' annuity and retirement fund therein and who shall have paid at the time of retirement an amount equal to what they would have paid had they been subject to the burdens imposed by the provisions of this act for thirty (30) years, shall not suffer any reduction of annuities; provided, how- ever, that the provisions of this paragraph shall not apply to counties or consolidated cities and counties in which the contributors to said fund shall select to be governed by the provisions of subdivision B of classes two, six and seven respectively of section eight, and subdivision B of section eleven, as provided in section five. [Amendment approved March 20, 1903. Stats. 1903, p. 272. In effect im- mediately.] Sec. 9. If at the end of any quarter year there shall not be a sufficient amount of money in the "annuity fund, or in the "distribution fund," as the case may be, to pay all warrants and demands of annuitants in full, then the money in that fund shall be divided pro rata among them and the sum received by each annuitant shall be m full discharge of all claims against said fund to that date. [Amendment approved March 20, 1903. Stats. 1903, p. tt*. In effect immediately.] Sec. 10. The public school teachers' annuity and retire- ment fund herein provided for, shall consist of the Row- ing, with the income and interest thereof: (1) Twelve (1^) dollars per school year, of the salaries paid to all those sub- 5 " I >OLS. 1182 ■mhns imposed by this act, in each county or city and county, ahal] be deducted from the warrants for and paid by the treasurer of the : city and county, to the public school r-.fir. in. lit fund comm ud conut; and countyj and it shall 1"- the duty of education in every ii ted city or town, or consolidated city and county, and I of trusl si hool - i each warrant the amount to be so m by the tr< asnr< r, and ii .. the ich< r b( longs. (U) All mom ■ .| from |uests ami devises, or from anj • ys, pay, o mpi daation, or aalai ,1 ,. r withheld from the warrant or •, . ei ■ in duty from any cause, which ■ i city <»r town boo) district outsid< appropriate and set apart for the afore- fund; and trd of education or board of trust appropriate such moneys, or fond: provided, that in eonsolid of an annuity fund therein, it is hereby made the duty of the board* monthly, at least one hali such fund. [Amendment approved March - 'in . ffecl Immediately.] 11. The said public school teachers' annuity and rt- II be divided < ither as ■ : n subdivision B h< re- - to Bald fund in such count; lolidated city and county, shall have selected to follow pursui l r, of. A. Ti. -iid public Bchool teachers' annuity and retire- nit nt fund in each county or consolidated city and county, shall 1m divided into two distinct fun. Is, or accounts, (1) ermanent fund, and (2) the annuity fund. (1) The permanent fund. The permanent fund shall consist of: (I) Tweo five p. r C( nt of all contributions from by t his act; II) T\\ at of all l' : t ' s , beq devises, aniesa otherwise ordered by the donor or the tator; till) Twenty-five per nnt of all moneys deduct from the salaries of teachers because of absence from duty. 1183 SCHOOLS. Act 3570, § 11 (b) When the permanent fund shall amount to the sum of fifty thousand (50,000) dollars, then all moneys thereafter received shall go into the annuity fund, except such gifts, devises, or bequests as may be specially directed by its donor or testator to be placed in the permanent fund. (c) It shall be the duty of the public school teachers' retirement fund commissioners to invest the aforesaid per- manent fund in interest-bearing bonds issued by the federal, state, county, city and county, or municipal governments, and to apply the interest thereon as herein directed. (2) The annuity fund. (a) The annuity fund shall consist of: (I) The income derived from the permanent fund; (II) All other moneys belonging to the public school teachers' annuity and retire- ment fund, not hereinbefore directed to be placed in the permanent fund; (III) All moneys in the fund provided for in the act to which this is amendatory. (b) The annuity fund shall be the only one from which annuitants shall be paid. (c) If at the end of any fiscal year there remain any surplus in the annuity fund, said surplus shall be deposited by the public school teachers' retirement fund commission- ers in any savings bank, or savings banks, designated by them. B. The said public school teachers' annuity and retire- ment fund, in each county, or consolidated' city and county, shall be divided into two distinct funds or accounts, (1) the reserve fund and (2) the distribution fund. (1) The reserve fund. The reserve fund shall consist of: (a) All moneys collected from the unclassified contrib- utors for the first five years after the creation of said fund. (b) Sixty (60) per cent of all moneys collected from the unclassified contributors for the second five years after the creation of the fund. (c) Fifty (50) per cent of all moneys collected from un- classified contributors for the third five years after the cre- ation of the fund. (d) Thirty (30) per cent of all moneys collected from the unclassified contributors for the fourth five years after the creation of the fund. (e) One hundred per cent of all collections from the classified contributors during the first period of their classification, as hereinafter classified. ■ 5 U SCHOOLS. 1184 (f) Ninety per cent of all collections from the classi- fied contributors during tin second period of their classi- fication, as herein.-; • I (g) Eighty per cent of all collections from the classi- fied contributors during the third period of their classifi- n, as hercinaf'' ed. (h) Seventy per cent of all collections from the classi- fied contributors daring the fourth period of their classifi- a, us hereinafter classified. (i) All collection! from sources other than said col- le.-tions from contributors; all donations, an.l all inter, st led on such r< ad for a period of twenty years the creation of said fund. It shall be the duty of the public school teachers' retire- ment fund commissioners to pla fund at in- it, monthly, in a savings ba tk selected by the sai.l -. All arij tributors to a public school lere' annuity an.l retirement fund in any county or c. all 1 •-'• who became contributors t hen to within the first li\ after the ereation ol said fund shall be known as unclassified con- tribul All who become contributors during the first decade r the fund shall have been in existence for five years shall be known \, ii,.l those who become con- trile said fund during each decade tin r< after shall I., known as ' B, l , l». respectively; each of said ior loui be first three being for ten years each and the fourth for live years. Winn the term for which a: n formed shall hav< .. all contributors to such elasses who continue to eontribute, shall be considered as unclassified. (2) The distribution fund. distribution fund shall not b< formed in any county or consolidated city and county, until the said public school mity ami retirem at fund shall have been in existi nee for -.It shall then consist of (a) f hereinbefore Bat aside and declared ad. (b) After th I d shall have been in existence for twenty years, in addition to the incomi not ueretofon rve fund, there shall be transferred quar- m the reserve fund to the d libutiou tuud, sixty (GO) dollars; provided, that iit» SCHOOLS. Act 3570, 5 11 the earnings of the reserve fund for that period shall be equal to, or shall exceed, two hundred and forty (240) dol- lars per annum. If the earnings of the reserve fund shall not equal two hundred and forty (240) dollars per annum, the amount transferred quarterly from the reserve fund to the distribution fund shall be equal to the quarterly interest of the reserve fund. (c) After the said fund shall have been in existence for twenty-five (25) years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund, and one hundred and sixty (160) dollars to be transferred quarterly, during the next five years from the reserve fund to the distribution fund; provided, however, that this amount does not exceed the quarterly earnings of the reserve fund for that period. Should the one hundred and sixty (160.00) dollars exceed the said quarterly earnings, then an amount equal to the quarterly earnings of the re- serve fund shall be so transferred. (d) After the said fund shall have been in existence for thirty years the distribution fund shall consist of the in- come not heretofore set aside for the reserve fund and all of the interest of the reserve fund during the next five years. And should the aforesaid fail to give sufficient funds to pay half of the annuities due, th,en there shall be transferred quarterly from the reserve fund, over and above the earnings of the reserve fund, thirty (30) dol- lars per quarter. (e) After the said fund shall have been in existence for thirty-five years, the distribution fund shall consist of the income not heretofore set aside for the reserve fund. Also the interest on the reserve fund, distributed quarterly during the next five years, and should this not be suffi- cient to pay half of the annuity due, then there shall be transferred from the reserve fund, in addition to the in- terest, sixty (60) dollars quarterly. (f) After the said fund shall have been in existence for forty years, the distribution fund shall consist of the in- come not heretofore set aside for the reserve fund, the interest on the reserve fund distributed quarterly, and a sum taken from the reserve fund in addition thereto, equal to twelve times the increase in contributors [ions] to the said public school teachers' annuity and retirement fund for the preceding year; that is, if the said contributors increase by 20 during the year 1934, then during the year 1935 there shall be taken from the reserve fund, in addition to Gen. Laws— 75 Act SStt. § 12 SCHOOLS. the Interest, two hundred and forty (240.00) dollars per annnm. All disbui shall bn from the distribution fund, except as otherwise provided in section Four. [Amend in- nt approved March - I, p. 279. In immediate ly.] 12. This act shall !><■ binding upon such public ■ 1 teachers, and such officers mentioned in said snl>- division four of Bection. twelve as shall sign and deliver to the public school teachers' retire men 1 fund commis- sioners, and to tin secretary of bhe board of education of the incorporated city or town, or city and county, ot to the clerk of the board of trustees of thi school district in whieh they are employed, a notice in substantially the following form: ; 19 . To the Public School Teachers' Retirement Fund Com- mi- I county .r city and county): You an hereby notified that 1 agree to be bound by, and di sire to avail invsi It" of the provisions of the aet nf the legislature of the state of California, approved March 29th, eighteen hundred and ninety-seven, entitled "An ait to ■ I,] .-in act approved March twenty-sixth, eighteen hnn dud and ninety five, entitled 'An act to Create and ail minister a public Bchool teachers' annuity and retiremenl fund in the several counties, and cil ounties in the . • " as amended March ' , 1903. d provided, that at hast thirty public school teachers within tl onnty, or consolidated city ami county, shall hie the notice bereinl I forth: provided, further, that in all counties, or in consolidated cities and counties, wl there is a less number of teachers than thirty^ this shall l>e binding on all those who so Signify their intention of being bound tin reby. (2) In consolidated cities and counties it shall lie bind- ing upon all t< achers elected or appoipted t" I ach in the public Bchools of such consolidated cities and counties all i r t he | B Of 1 (3) Annuities heretofore granted under the provis- ions of the act of which this act is amendatory shall he continued fur the same amount as heretofore paid, subject, however, to tin- conditions imposed by sections nine and eleven (11) of this act. 1187 SCHOOLS. Act 3571, 5 1 (4) Any county, consolidated city and county, or city superintendent of schools of this state, and any deputy su- perintendent of schools for any county, consolidated city and county, or city of this state, and any person engaged in any other educational work, required by law to have tho qualifications of a teacher in the public schools of this state, may avail himself of the provisions of this act; and whenever the word "teacher" is used in this act it shall be deemed to include such officer or officers. [Amend- ment approved March 20, 1903. Stats. 1903, p. 282. In effect immediately.] Sec. 13. Every public officer who shall issue, or reeoive in his official capacity, any warrant, or who shall receive or pay out any money, in any manner connected with, pursuant to, or dependent upon, the provisions of this act, shall keep a full, accurate and public record of all his transactions appertaining to the same. [Amendment approved March 20, 1903. Stats. 1903, p. 283. In effect immediately.] Sec. 14. This act shall take effect and be in force from and after its passage. [Amendment approved March 29, 1897. Stats. 1897, p. 231. In effect immediately.] ACT 3571. An act authorizing any teacher or public officer who is now a contributor to a public school teachers' annuity and retirement fund in any county, or consolidated city and county, of this state, where there are no annui- tants drawing annuities from the said fund of such county, or consolidated city and county, to cease to be a contributor to such fund within sixty days from the taking effect of this act, and to have returned to him the amount contributed by him thereto, or such part thereof as may be available for that purpose. [Approved March 13, 1903. Stats. 1903, p. 131.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Within sixty days after the taking effect of this act, any teacher or public officer who is now a con- tributor to a public school teachers' annuity and retirement fund in any county or consolidated city and county in this state, created under the provisions of an act approved March 1!9, 1897, entitled "An act to amend an act approved Act 3571, §§ 2-4 SCHOOLS. 1188 March 26, 1895, entitled 'An net to create and administer a public school teachers' annuity and retirement fund in the si vera] and counties in the state,' " as amended, may withdraw from such organization by comply- ing with the provisions of this act; provided, however, that the provisions of this act shall not apply to any county or ited city and county, where there arc, at the time of the faking effect of this act, any annuitants drawing an- nuities from the said fund of such county, or consolidated and county. Bee -. Ami BUCh teacher, or public officer, desiring to himself of the provisions of this act, shall within • i after the taking effect of this act, sign and fill- with the b'oard of public scSool teachers' retiremenl fund commissioners of the county, or consolidated city and by, where Buch teacher or public officer is tin n a con- trib in writing to the effect that such teacher or public officer, thereby withdraws from the said organiza- tion, and shall at the same time sign and file with the clerk, r board, whose duty it is to issue the salary warrants of such teacher or public officer, a notice similar in substance to the said notice tiled with the said 1 of commissioners. .".. The said board of commissioners, shall, at its next tar micti: the expiration of said sixty (60) days, solution din cting that all money contributed to said public school teachers' annuity and retirement fund by such teachers or public officers so withdrawing, shall be immed- iately returned to such teachers or public officers. If the amount in the fund of said organization, after the payim nt of all legal demands, shall be insufficient to pay each with- drawal the full amount contributed by him, then the said ompute the pro rata amount that shall be paid to each, the same to be in proportion to their respective . a n> the parental school fund lity, it city and enmity. ,\n fees shall be chai or received by any court or officer in any proceeding ander this section. The confinement of any child in a parental ■ il shall In- conducted with a view to the improvement nt' the child and to it* restoration, as soon as practicable, to the Bchool, which he would, if not so confined, he re- quiri superintendent of schools, or, it' tin re he no city superintendent, the board of education "f any .- ; and county, shall have authority, in their le at any time any child committed to. or ordi r< d to atti ml. . KCept when such com- mitment shall be by judgment or order of a court; and when Buch commitment of any child shall be by judgment ■ court, such court may, mi the recommenda- tion of the City superintendent of schools, or the board of education, make an order paroling such child, upon sucli lirms and conditions as shall he specified in the order. The ezpensi incurred by any city, or city ami county, in purchasing or r« i I ting or renting a building ami equipping the same, for the maintenance pan ufal school, shall he paid out of funds otlu r than * collected t'"r tin- maintenance of schools. The salaries of 1195 SCHOOLS. Act 3574, 8 i teachers and the expense for all school supplies in a pa- rental school shall be paid out of the same funds from which similar salaries and expense are. paid for primary and grammar schools, but all other expense incurred in the maintenance of such parental schools shall be paid out of the parental school fund. Sec. 7. Whenever any board of education shall deter- mine that it is necessary or expedient for the city or city and county to establish and maintain a parental school, said board shall furnish to the city council, or other governing body of such city or city and county, all neces- sary and required information and statistics, and if, after consideration, such city council or other governing body grants its consent for the establishment of such parental school, then the board of edu< .ition shall furnish to the authorities whose duty it is to levy taxes in such city, or city and county, thirty days before the time specified by law for fixing the annual tax rate, an estimate of the cost of purchasing or renting a suitable site, and also an estimate of the cost of renting or erecting a suitable building and equipping the same for occupancy as a paren- tal school, and the cost to the city or city and county, other than for salaries of teachers and for school supplies, of con- ducting the school for the remainder of the current school year. When, pursuant to such consent by such governing body, such estimates shall have been so made and furnished by the board of education of any city, or city and county, it is hereby made the duty of the authorities whose duty it shall be to levy in such city, or city and couuty, at the time of levying the taxes, to levy a special tax upon all taxable property of said city, or city and county, suffi- cient in its judgment to provide the facilities requested by the board of education, and for which such estimates shall have been so furnished. It shall be the duty of the board of education, yearly, thereafter, to present to the authorities of the city, or city and county, whose duty it is to levy taxes, on or before the first Monday in July, an estimate of the moneys required for conducting the pa- rental school for the school year, other than for the sal- aries of teachers and for school supplies. When such estimate shall have been so presented, it shall be the duty of the said authority s to levy a special tax upon the tax- able property of said city, or city and county, sufficient to maintain such school for the year, exclusive of salaries of teachers and expense of school supplies. All taxes in I, 5 S SCHOOLS. 11M Ihis ad provided for shall be computed, entered upon the roll and collected, in tin- same manner as other taxes computed, and collected; ami when collected shall lie placed in a separate fund, to be known as the "Parental School Fund," and shall be paid out on the order of the board of education for the purposes set forth in this aet; provided, that all moneys so oollected for the pur- chase 9 or buildings, <>r the erection or equipment of buildings for parental scl 1 purposes, shall be placed in . fund, to be I • "Parental School Build- Fund," and shall 1 >lely for the purpose or pur- - for which coll.. • after such purpose or purposi s shall have been fully accomplished, the resi- due and, it any, may b< ed to said parental Bchool fund. S, ,-. g, ']':■ , ,.r D r cities may unite in the followi r. ',i form a joint district for the mail ' parental BChool. When any board location or bo 1 1 trustees has secured, in the • forth in section 7 ef this act. the consent of the ' riot, in which said board of education or board of school trustees holds offlci .i two or more districts to form a joint pal . said hoard of education or board of trustees shall transmit suoh information to the • i the county of which said city or * or districts forms a part, setting forth at the same time the eiti.s or districts with which said city or ■ aint( nance of a joint 1. Whin such information has been received rs from all the cities or se united, it is hereby made the duty of thi n solution, to declare such istricts united for the maintenance of a joint pai to be known as the joint parental lines of the school districts uniting) When the districts have been so united, the ■ ation or boards of trustees of the cities or iol districts so uniting shall appoint a board of trm' parental school district, t I of five the number of cil districts nni'i ipointed from the mi mb< rship of th< i oi cities uniting, by the respective hoards in approximate propor- tion to the iildrtn between five and seventeen age, iu the' districts uniting; provided however, SCHOOLS. Act 3574, J 8 that each district shall be represented by at least one mem- ber on the board of trustees of the joint parental school district. The members so appointed, to serve for the re- mainder of the term of office for which thev were elected on their respective boards of education or boards of trus- tees, and when vacancies occur on said board of trustees of joint parental school districts, they shall be filled by the board making the original appointment. The superintendent of schools of each of the cities or school districts uniting, shall be ex-officio members of the board of trustees of the joint parental school district, without the right to vote In the management of a parental school within a school dis- trict, city, or city and county, the right to transport pupils to and from school at public expense, when, in the judgment ol the board of education, or board of school trustees, the interest of the pupil demands it, is hereby conferred upon such boards. All the powers and duties bv any section of this act conferred or imposed upon the boards of school trustees or boards of education of any city, or city and county, in the management of, and the securing of funds for a parental school within a city or school district, are hereby conferred upon and imposed upon the board of trus- tees of any joint parental school district in the management of and the securing of funds for the support of a joint parental school; provided, however, that in estimating the expense of maintenance of a joint parental school the amount of money needed for the payment of teachers' salaries and for the furnishing of school supplies, shall be included in the estimate of expenses; and provided further, that the estimates shall be transmitted to the board of supervisors of the county of which the joint parental school district forms a part. When such estimates shall have been so transmitted, it is hereby made the duty of the board of supervisors to levy a special tax upon the taxable property within the boundaries of the joint parental school district, sufficient to provide the facilities requested by the board of trustees of the joint parental school district, and for which such estimate shall have been furnished, and yearly there- after when the estimates of the total expense of the main- tenance of the joint parental school and increased facil- ities shall have been furnished the board of supervisors, it shall be the duty of said board to levy a special tax sufficient to maintain the school for the year. All taxes in this act provided shall be computed and entered u the tax roll and collected in the manner prescribed for the collection of taxes in section 7 of this act; provider], that all moneys so collected shall be collected by the county Act 3674, § § 9-11 SCHOOLS. 1MB tax collector anil apportioned to the credit of the joint parental school clu I placed m the fund for which they wi re specially collected. If for sites or buildings, to he placed in a fund known as the joint parental school building fund, to be used exclusively for the purposes for which tbey were collected, the same as set forth in section 7 of this act. The hoard of trusties of joint parental school districts shall organise, by the election of one of their Dumber as chairman, and by the < lection of a secretary who shall he the city superintendent of schools, or the secretary Oi 8 Board of education or the clerk of one of the boards lucation or boards of trustees of the cities, or school districts united, and sacb secretary shall serve without ad- ditional salary. All moneys in a joint parental school fund shall bi paid out on the order "i the hoard of tr the joint parental school district for the purposes herein s. t birth, and in the same manner tti.it funds are paid from the ordinary School funds of a school district. paid M penalties fur the violation of anv of the provisions of this act shall, when collected or ■ ; ;,i ,,\ i r by the ■ ■ • r receiving same to the treasurer of t!>. city, or city and county in which was committed, to he placed to the , -re. lit of the parental school fund si such city, or city and county, if thi h a fund, otherwise to the credit of ::il school fund of such city, or city and county, or t < • the county treasurer, to be placed to the credit of the BChool fund of the school district in which the off- was committed. lit Anv parent <>r guardian of any deaf, dumb, or blind child, legally entitled to admission to said institu- ting s |, :l : h child to said institution until such child shall have been then in for live years, or shall have reached the age of majority, unless such child shall be excused , such attendance by the board of education or board of trustiis of the city, city and county, or school district in which such child resides, for the reason that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at said institution, or for the r- that such child is ■ proper instruction at home or in some public or private school. Any [.an nt or o- ua rdian fail- ing to comply with the requirements of this section shall ■ lilty of a misdemeanor, and lie punishable as provided • lis act. Sec 11. Any justice of the peace, or recorder of the city or city and county or any justice of the peace of the 1199 SCHOOLS. Acts 3575-3577 township in which tin? school district is located, or in which the offense is committed, shall have jurisdiction of all of- fenses committed under the provisions of this act. Sec. 12. This act shall take effect and be in force from and after July first, nineteen hundred and three. Sec. 13. An act entitled an act to enforce the educa- tional rights of children, approved March twenty-eight, eigh- teen hundred and seventy-four, and all acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. ACT 3575. An act to prevent discrimination against female teachers. [Approved March 30, 1874. Stats. 1873-4, p. 938.] Female teachers to receive same compensation as males. Section 1. Females employed as teachers in the public schools of this state shall in all cases receive the same compensation as is allowed male teachers for like services when holding the same grade certificates. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 3576. To make women eligibly to educational offices. [Stats 1873-4, p. 356.] Cal. Rep. Cit. 71, 121; 123. 618; 123, 619. This act appears in full in Political Code, Appendix, p. 1103. ACT 3577. An act to continue in force school teachers' certificates state educational diplomas, and life diplomas. [Approved February 5, 1880. Stats. 1880, p. 4 (Ban. ed., 4).] Certificates and diplomas continued in force. Section 1. All teachers' city, city and county, county, and state certificates, state educational diplomas, life di- plomas, and all other teachers' certificates and di- plomas issued in the state of California, under and in pur- suance of the laws thereof, on or before the thirty-first day of December, A. D. eighteen hundred anil seventy- nine, shall be and the same are hereby continued in full Acta 2578, 3579 SCHOOL LANDS. MOO force and effect, and shall be valid for all pur- poses and to the full I time that thp same were ami \v< re int< to bo under the said laws, on ami before the said thirty-first day of December, A. D. eighteen hundred and Beventy-nine. This act shall take effect from and after its pas- sago. ACT 3578. An act to continue in operation the public schools of this Bta1 fca 1880, p. 7 (Ban. ed., 14).] ■■■ rtiflcate. in 1. The county superintendent of schools of each ami < % i rv county in this state Ifl hereby empowered to j ggu( any teacher whose certifi- . or shall expire between the first day 1 eighty, and the first day hundred an.' The certificate so be of the same grade as the one in place . 'lich it is issued, an. I shall b< valid only until the first 1 anl which shall be competent to issue all take effect immediately. ACT 3579. T,, pyoti »1 districts of this state from injury during tin- ; mndred and eighty, by the article thirteen of the ■ -1 April 15, 1880. Stats. 18S0, Ti,j s ml districts should not for- ,, .;, , ■.,. ■ ; .>r to June 30, l^ v ". by r< * of the funds, ami of teachers' salaries until June SCHOOL LANDS. See State LmcU. 1201 SECRETARY OF STATE— SHASTA COUNTY. Acts 3584-3539 TITLE 434. SECRETARY OF STATE. ACT 3584. Authorizing the secretary of state to appoint a clerk in addition to the number now allowed by law and to be known as the janitors' clerk, and providing for the pay- ment of his salary. [Stats. 1899, p. 143.] ACT 3585. To provide a salary for the keeper of archives in the office of. [Stats. 1891, p. 280.] TITLE 435. SEDUCTION. ACT 3590. To punish. [Stats. 1871-2, p. 184.] Cal. Rep. Cit. 49, 9. This act appears in full In Penal Code, Appendix, p. 690. TITLE 436. SEWERS. See Streets. ACT 3595. To confer power upon supervisors, or other governing body of counties, and cities and counties - , to extend and complete all main intercepting sewers heretofore partially constructed. [In effect Mareh 14, 188L Stats. 1881, p. 76.] The code commissionei s say of this act: "Superseded by County Government Act and the charter of San Francisco." ACT 3596. Providing for the establishment and maintenance of sewer districts adjacent to municipal corporations. [Stats. 1899, p. 81.] TITLE 437. SHASTA COUNTY. ACT 3599. An act to increase the number of judges of the superior court of the county of Shasta, state of California, Gen. Laws— 76 Acts 3GO0-3C12 S OF. U02 and for the appointment of such additianal judge. [St.; o. 315.] ACT 3600. County cleric, ftfing salary of. [Stats. 1S73-4, p. 168.] rnment Act. 1S97, 452. ACT 3601. i transfer certain funds of. [Stats. 1873-4, p. 70S.] Thl* aet authorized the transfer of the swamp land fund to tno fund. ^CT 3602. Aut: transcribil -<]& in. [Stats. 1862, p. 52.] L'l. ACT 3603. ;irt. fanner count? r of Sliasta Coun- ty, .iiit rtify and sign certain records. ;-7.] ACT 3604. Is and highway* [Stats. 1S73-4, p. 84 1.] X. sec. 2. ACT 3605. Repealing all Bpecial laws in relation to ma'ls and high- ways in. [State. 1875-45, p. BOS.] ACT 3606. Public Bchools of, employment of teachers in. [Stats. 1873-4, p. 172.] Am ly repealed by Political Code. sec. 1R*>, ACT 3607. ^•rvicos of under- sluritT. [Stat*. 1873-4, p. 180.] Repealed bj < nt Act. 189T, E40, sec. 1S6. TITLE 438. SHAM' A, TOWN OP. ACT 3612. To prevent hogfl from running at large. [Stats. 1871 2, p. I".] ng in Shasta County, M desto In 8 12M SHEEP. Acts 3617-3620, §2 1, 2 TITLE 439. SHEEP. Act to protect sheep from the ravages of dogs, see title Dogs, ante. ACT 3617. To restrict the herding of sheep in certain counties. [Stats. 1862, p. 490.] This act applied to Mendocino, Lake, Sonoma, and Marin counties. ACT 3618. To restrict the herding of sheep. [Stats. 1861, p. 523.] Amended 1865-6, 56. ACT 3619. To protect sheep and lambs in this state. [Stats. 1861, p. 501.] Amended 1S67-8, 426; 1869-Tu, 233. This act protected sheep and lambs from dogs and other animals. It was superseded by the Civil Code, sec. 3341. ACT 3620. An act to create the office of sheep inspector for the state of California, to provide for the appointment, and to define the powers and duties of said officer snd his deputies, and their compensation, and providing for the prosecution of offenses under the same, and to suppress and prevent dissemination of scab among sheep. [Approved March 24, 1903. Stats. 1903, p. 372.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The office of sheep inspector for the state of California is hereby created and the state veterinarian of the state of California is hereby made ex-offieio sheep inspector and shall perform the duties imposed by this act without additional salary or compensation from the state of California. Sec. 2. The board of supervisors may, in their dis- cretion, upon the written demand of a majority of sheep growers of their respective counties, appoint one or more deputy sheep inspectors. Such deputies shall be practical fiheep men and subject to removal whenever the board may deem it necessary. Act 3620, §§.3-5 SHEEP. VM St c 3. It shall be the duty of the state sheep inspector to have general supervision over his deputies appointed undci th( provisions of this act and to aid, counsel, and advise with such deputies and generally to enforce the provisions of this act. See. 4. The deputies appointed under the provisions of tliis act Bhall have power to administer oaths, and it shall be the duty of at least one deputy inspector in each county v Dinted, as herein pro- vided by the state sheep inspector, to personally examine all Bheep and bands of sheep in his county every spring between the first day of February and the first day of June and every fall between the first .lay of October and the firsl day of December for the first two years after t, and thereafter between the first day of F< bruary and the first day of June of each y- is in charge <>f herds found to !"■ clean he Bhall issue a certificate Btating such fact, which certificate shall permit busb herds to pass into and through any anil all counties in this state so long as they shall remain fre< from d \ nd such deputy also h rei ine and band or bands of sheep at any time he may he called upon to do so at the request of one or mot growers in writing, stating that such sheep are affected or infected with some in- . and that there is Imminent ami immedia of the spreading of Buch disease; provided, that if, upon examination, such sheep are found to be clean the person oi making such complaint shall pay t -es and costs of such i lamination, which may be recovered in a civil action tin refor; but in such inspector, U i ing such examination, finds s.ii, 1 , scd, he shall forthwith issue his order quarantining p; and further provided, that all l,,.,,i,ls oJ an f "'° hundred and fifty head ghall nol be t to such inspections when known to be d; but where complaint is made, then the deputy ..•tor must comply with and enforce the provisions oi this act as in other cases b t provided for. ,"). Any person, company, association, or corpora tion d- siring to t ■ hich an sound o' or any i ,, r contagious lin from a deputy insp :1 traveling permit. Such permit shall only be gra for tli,- j -aid sheep to son.- 1205 SHEEP. Act 3620, J « they may be dipped for said disease, or on account of shortage of feed, and then by such route as the deputy sheep inspector may designate. Sec. 6. "Whenever upon examination of any bands or herds of sheep, kept or herded in any county of the state of California the deputy sheep inspector of such county shall find such sheep, or any portion of them affected or infected with the scab or scabbies, or any other infectious or contagious disease, he shall forthwith notify the owner or person in charge of said sheep, in writing, to dip said sheep for said disease within a period of fifteen days from said notice; and also during said period to keep such sheep from contact with other sheep by such means as he may specify; and if, upon examination at the end of fifteen days from such notice, said deputy sheep inspector shall find that said sheep have not been dipped for said dis- ease,, or have not been kept from contact with other sheep that are sound, the owner or owners, or person or persons controlling said sheep, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than two hundred and fifty dollars; and in case said sheep have not been dipped for said disease within said fifteen days, such deputy sheep inspector shall immediately take possession of said sheep and dip them for said dis- ease, and all expenses incurred in so doing, including a compensation of four dollars for every day, or part of a day, in which said deputy sheep inspector may be engaged in dipping said sheep, shall become and is hereby made a lien upon said sheep; and such deputy sheep inspector shall hold such sheep for the period of ten days, and if the same is not paid within such time he may collect the same, together with the costs and expenses of collec- tion, by advertising and selling said sheep, or as many thereof as may be necessary, in the manner prescribed by law for the sale of personal property on execution. If, however, upon examination at the end of fifteen days from the notice required to be given under this section such deputy sheep inspector shall find that said sheep have been dipped for said disease, but are still infected with the same, then he shall instruct the owner or con- troller of said sheep to dip once or more times, as cir- cumstances demand, and as soon as possible, but with an interval between the dippings of not less than nine or more than twelve days; and if upon examination at the end of thirty days further, such deputy sheep inspector Act 3620, J § 7-9 SHEEP. 1300 finds thai said bI beei dipped for said disease, but arc still infect, d, then he shall at onee take ; of said s , dip thi ■ ,1. if, now _ ever, upon examination he flu. is thai said si p have Bot 1 "' ,n **1 and dip them as above specified, and rbe owner <>r owners, or controller, by reason of h ; s failure to dip bus's sheep as required, shall be dc< mod guilty of a misdemeanor, and apon conviction thereof shall ba punish, d by B fine of not lean than one hundred dollars nor DIOK than two hundn d and fifty dollars: provided, however, that no persona, com- pany, or corporation shall bfl required to dip his or their bands of sheep between the first day of December and such time as be or tloy can shear such sheep in the fol- lowing spring. Sec. 7. No person, persons, company, or corporation shall be required to dip a band or bands of any part of them whi.h arc ewes with iambs, at any time between the fit'te,n|th] of December and th( fifteenth of May following of any year; hat they rnnei be >>• M in quarantine and I-. • from soui . and the owner, owners or controller shall be responsible for all damages as stated u en and light of this act, to be enforced and recovered as thereia provided for. It shall also he the duty of such deputy sheep inspector to require the owner, owners, or itroller of sheen, while held in quarantine during the above exemption, to spot or hand dress all sleep in their band or hands thai show any scab or other contagious disease, with some reliable medicine; and such deputy sheep inspector shall have power to enforce hand di r spotting during the exemption referred to in this section, the Bame as he has power to enforce dipping at any other period of the year, as provided by this act. Bee. 8. The deputy sheep inspector appointed in the several counties as provided in this act shall receive four rs per day for every day or part of a day spent in the performance of his duty, to be paid by the owner or owners of the sheep examined, and to be enforced as a lien against the slucp so examined, as provided in section six of this act. Sec. 9. In any action or proceeding, civil or criminal, arising under thi> act, anj and all persona having an in- terest in the sleep or controlling the Bame, and coi which such action or proceeding is had, shall be deemed 1207 SHEEP. Act 3620, §§ 10, 11 the owners of said sheep, and shall be liable severally and jointly for such violation of this act. Any herder or shepherd, or other person in charge of sheep, who shall willfully refuse to give a deputy sheep inspector after showing a star any and all information as to the condition of sheep in his charge, requested by such deputy, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a line of not less than twenty- five dollars nor more than one hundred dollars. In criminal actions against corporations under this act no arrest shall be necessary, but a summons containing no- tice of the time and place of trial, together with a copy of the complaint filed before a justice of the peace, or in the court in which the action is commenced, shall be served in the same manner and for the same length of time as in civil actions. Sec. 10. It shall be the duty of each deputy sheep inspector appointed under this act to keep a book in which he shall record as complete a description as practicable of the marks and brands with which each person in his county marks or brands his sheep, and the owners of sheep shall report in writing to such deputy sheep inspector their marks and brands, for the purpose of aiding such deputy sheep inspector to make up and keep such records; said deputy sheep inspectors are also required to keep a book in which they shall record the names of all per- sons prosecuted for violations of this act, together with a description of the particular offense charged against him, the name of the court in which said prosecution was had, and the result of such prosecution, giving the amount of fines where fines are imposed. And on the first day of Jan- uary of each year, each deputy sheep inspector appointed under the provisions of this act shall make a report to the state sheep inspector, which report shall contain a true and correct copy of his record as contained in the books required by him to be kept under the provisions of this act, which report shall be placed on file in the office of the state sheep inspector. Sec. 11. It shall be unlawful for any person, persons, company, corporation or association, owning, controlling, or managing any ferryboat, toll bridge, car, steamboat, wagon, vehicle, or other things- used for transportation, to allow any sheep to be carried thereon unless the party in charge of said sheep shall first produce a certificate from a deputy sheep inspector appointed under this act; Act 3G21 SHEEP. ISM that said sheep are free from scab, scabbies, and other in- >r contagious disease. Any violation of this tion shall In i misdemeanor and punishable by a m one hundred dollars or more than hundred and fifty dollars. Pre. 12. Tf any person or persons, company, or corpora- in driving or herding any sheep, should get into their in rd any str . they shall Immediately notify the •"; and if the owner is unknown, he or they sliall forthwith notify the deputy sheep Inspector of such ty, giving the number of Buofa sheep and the hr ach; anil 'n, persons, eo irporation the provisions of this aection shall be deemed guilt; or an.l unon conviction thereof shall than twenty-five dollars nor more than two hundred dollars, 13. All iheep insr-rctors aro hereby (riven tin hi r< by made th< lr duty to arrest and bring 1" Pore a justice of the peace, or of ing jurisdiction of the same, any and all persons found violating the provisions of this aet, where a complaint shall be filed by such deputy sheep inspector, cither upon his own know :n complaint of sueh viola- tion, whereupon a hearing shall be had as in other like criminal cases; and such di itors are by vested with the same authority to arrest and to require aid in the execution of their said office as sheriffs and their deputies of the several counties of this state; pro- vid( d. that the provisions of this aet requiring the deputy sheep inspectors of the county to prosecute for a viola- tion of the 3 of this act [requiring the deputy p inspectors of the county to prosecute for a I of the provisions of tln'R act] shall not be construed so as to prevent such prosecutions from being commenced and prosecution by other persons as criminal action[s] are coinnii nCed and prosecuted in other cases. L5. This act shall take effect and be in force from and after its passage. ACT 3621. An act authorizing nnd empowering the boards of super* rs of the aevei and eradicate infectious and contagious dil 1-09 SHERIFFS-SHERMAN ISLAND. Acts 3627-3G33 among sheep, to provide for the appointment of a sheep commissioner, and to define the duties and powers of commissioner. [Approved Maich 16, 1889. Stats. 1889, p. 216.] Appointment of sheep commissioner. Section 1. Whenever a petition shall be filed with the board of supervisors of any county in this state, signed by not less than fifty resident freeholders of such county, praying for the appointment of the commissioner herein named, said board may, if deemed advisable, appoint some competent person, a resident of the county, who shall act and be known as sheep commissioner, whose duties and powers, which are to be exercised in the prevention and eradication of contagious diseases among sheep, shall be defined and determined by said board; and the fees and compensation of such commissioner, only to be charged when he is actually and necessarily engaged in the performance of his duties, shall be paid out of the treasury of said county as claims against counties are now paid, and be fixed by said board at the time of such appointment. Sec. 2. This act shall take effect immediately. TITLE 440. SHERIFFS. ACT 3627. To compensate sheriffs for conveying prisoners to the state prisons and insane persons to the insane asylum. [Stats. 1885, p. 126.] Amended 1889, 200. This act appears in full in the Political Code, Appendix, p. 1109; also in Penal Code, Appendix, p. 691. ACT 3628. To authorize the boards of supervisors to furnish the sheriff and deputy sheriffs of their several counties with a suitable badge of office. [Stats. 1875-6, p. 803.] This act appears In full in the Political Code, Appendix, p. 1109. TITLE 441. SHERMAN ISLAND. ACT 3633. For the protection of public roads on. [^tats. 1877-8, p. 601.] Acta 3638-3653 SH1PPIN \.NT. 18M TITLE 442. SHIPPING. ACT 3638. To prevenl persona from enticing seamen to desert. [Stats. 1853, p. 186.] Superseded by Penal Code, sees. 644. 645. TITLE 443. BIERJBA COUNTY. ACT 3643. In relation to the count ra of. [Stats. 1W9-70, p. 885.] This it related to the feea and salaries of officer*. See note to ACT 3644. i districts and road overseers. [Stats. 1875 6, p. 405.] I, aa amendtu In ACT 3645. 1 poll-tax in. [Stal . p. 594.] M ami ril.-.l isyi, 473. ACT 3646. Supervisors to levy taxes for county purposes. [Stats. is:: 1 , i. p. Bio.] : seded by subds. 12 and is, sec. 25, County Government Act, ACT 3647. eerning office of treasurer of. [Stats. 1871-2, p. 582.] i:. ealed UTTJ-4, This act maile the assessor ex-oilicio treasurer. ACT 3648. Treasurer of. [Stats. 1873-1, p. 185.] led by County Government Acts, see 1>97, 664, sec. 205. TITLE 444. SIERRA EBON I OMPANT. ACT 3653. Granting righl to construct road in Sierra and Plumas counties. [Stats. L8Y3 1, p. 3*1. J LOl BILK CULTURE— SOLANO COUNTY. Acts 3668-dSTJ TITLE 445. SILK CQLTUEE. ACT 3658. To establish a state board of. [Stats. 1883, p. 369.] Superseded 1885, 216. ACT 3659. To establish a state board of. [Stats. 1885, p. 216.J TITLE 446. SISKIYOU COUNTY. ACT 3664. Eegulating fees and salaries in. [Stats. 1869-70, p. 249.] Amended 1873-4. 188, 719. See note to act 1119, ante. ACT 3665. Fees and salaries of officers. [Stats. 1873-4, p. 188.] Amending ami supplementing act of March 12, 1870. Supplemented 1S73-4, 719 Repealed by County Government Acts, see 1897, 452, and lee bill of 1895. 267 ACT 3666. Concerning marks and brands in. [Stats. 1865-6, p. 332.] Continued in force by Political Code, sec. 19, and Penal Code, sec. 23. ACT 3667. Creating board of water commissioners for. [Stats. 1865-6, p. 609.] TITLE 447. SMITH EIVEE. ACT 3672. Declaring Smith Eiver navigable. [Stats. 1877-8, p. 799.] Sui-^.i-1-aed by Political Code, sec. 2349, as amended 1S91. TITLE 448. SOLANO COUNTY. ACT 3677. To develop agricultural interests and aid the construction of a canal in Colusa, Solano, and Yolo counties. [Stats. 1865-6, p. 451.] Acts 3678-3687 SOLANO COUNTY. UU ACT 3678. County scat, location of. [Stats. 1873-4, p. 783.] !y located by Political Code, sec. 3956. ACT 3679. Highways in. [Stats. 1875-6, p. 316.] KM. Reroaled 1883, a, Supi nded 1877-8, 598. Repealed 1883, chap. X. Fee. 2. ACT 3680. Branch county jail, establishing and maintaining. [Stats. 1875-6, p. 530.] ACT 3681. To provide for the appointment of two additional notaries for. [Stats. 1871.-2, p. 24.] il Code. sec. T'Jl. ACT 3682. ler made ex-officio auditor. [Stats. 1875-6, p. It.] il.d 1S77-S. US. ACT 3683. Salaries of officers of, regulating. [Stats. 1873-4, p. 869.] Am. i .7-8, iJti. R. paled by County Government Acts, . sec. 169. ACT 3684. To better define the duties and fix the compensation of • rs of. [Stats. 1871-2, p. 624.] anient Ait, 1897, 519, sec. 169. This act affected the duties of sheriff, county clerk, district attor- ACT 3685. h vy a road tax. [Stats. 1873-4, p. 868.J . ly County UuM_i!inujit Act, sec. 25, sub-da. 12 and UJ, ACT 3686. I, galizing records of. [Stats. 1857, p. 159.] ACT 3687. Authorizing Is in. [Stats. 1859, p. 66.] 1213 SOLDIERS AND SAILORS. Acts 36S8-3613 ACT 3688. Title to certain lands in, quieting. [Stats. 1873-4, p. 329.J This act related to certain lands in the Suscol Rancho. TITLE 449. SOLDIEKS AND SAILOES. ACT 3692. An act permitting all ex-Union soldiers and sailors of the civil war, honorably discharged from the military or marine service of the United States, the right to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town, village, in- corporated city or municipality in the State of Cali- fornia, without paying a license. [Approved March 20, 1905. Stats. 1905, p. 307.J Section 1. That on and after the passage of this act all ex-Union soldiers and sailors, honorably discharged from the military or marine service of the United States, shall be permitted to vend, hawk, and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town, village, incorporated city or municipality within this state without a license; provided, said soldier or sailor is engaged in the vending, hawking and peddling of the goods, wares, fruits or merchandise for himself only. Sec. 2. Upon the presentation of his certificate of dis- charge to the license collector of any county, town, village, incorporated city or municipality in this state, and showing proofs of his identity as the person named in his certificate of honorable discharge, the license collector shall issue to said ex-Union soldier or sailor a license, but such license shall be free, and said license collector shall not collect or demand for the county, town, village, incorporated city or municipality any fee therefor; provided, that nothing in this act shall authorize said soldiers or sailors to sell intoxi- cating liquors. Sec. 3. This act shall take effect and be in force from and after its passage. ACT 3693. To provide for the burial of ex-union soldiers, sailors, and marines dying without leaving sufficient means to de- fray burial expenses. [Stats. 1889, p. 198.] Amended 1901, 596. Acts 3KH-C70U ■ VTY. 1^1 1 ACT 3694. To provide for building and furnishing the home for sol- diers' widows, orphans, .-ml army i i lor the management of such home, and the Bupport of indigent iding in such home. [Stata. 1889, p. 206.] ACT 3695. To g ve a preference in public service to honorably dis- chai tJ, and marines of the •rax of the r< bellion. [Btata. 1891, p. ACT 3696. ■it the sale nf intoxicating lirs in the imnn •■ 1 1 :i- ■licrs' bonus. [StCtl, 1895, p. 161. J a note to $ IT!. Penal I TITLE 450. SONOMA CITZ. ACT 3701. To confirm and 1 i Beding* of any and all of tl and justi.is of the peace of the pueblo of Sonoma. [Stats. 1860-70, ,,. -ii::.] Ttalj til proceedings relating to the sale or disposi- tion of lands. ACT 3702. Authorizing sale of certain pn< We lands. [Stats. 1871-2, P. B39.] ACT 3703. To appoint commissioners for the pueblo of, to carry into affect the pri id to validate the acts of former • Hers. [Stats. 1KS1, p. 25.] ACT 3704. Defining boundaries. [Stats. 1871-2, p. 10.] Sill":- •■■ by Incorporation of the city under Municipal Corpora- tion Act of 1883. TITLE 451. SONOMA COUNTY. ACT 3709. Concerning tl ,; 'l salaries of certain officers in tin - noma. [Stats. 1S71-2, p. 583.] 1215 SOXOMA COUNTY. Acts 3fl6-3flG This act related to certain duties of the sheriff and recorder. It was superseded by the County Government Act. ACT 3710. Salaries and compensation of certain officers of. [Stats. 1873-4, p. 382.] Amended 1873-4, 720; 1S75-6, 576, 726. Repealed by County Govern- ment Acts, see 1S97, 509, sec. 163. ACT 3711. Fees and salaries in. [States. 1877-8, p. 129.] Amended 1877-8, 32S. Repealed as to fees by the fee bill of 1895, 267, as to officers therein named, and as to salaries by County Govern- ment Acts, see 1837, 509, sec. 163. ACT 3712. Division fences in Sonoma County and the lines of counties bordering thereon. [Stats. 1877-8, p. 692.] ACT 3713. Act relating to fence and pound districts in. [Stats. 1871-2, p. 203.] Superseded as to pounds by subd. 14, sec. 25, County Government Act, 1897, 463. ACT 3714. To provide for the appointment of a notary to reside at Cloverdale. [Stats. 1871-2, p. 95.] Repealed by Political Code, sec. 791. ACT 3715. Additional notaries in. [Stats. 1871-2, p. 95.] Repealed by Political Code, sec. 791. ACT 3716. Authorizing transcribing of records in. [Stats. 1860, p. 109.] ACT 3717. Authorizing transcribing of records in. [Stats. 1862, p. 53.] ACT 3718. To provide for the translation of foreign records in So- noma County, and to make such translations evidence of their contents. [Stats. 1S60-70, p. 582.] ACT 3719. Roads and highways in. [Stats. 1875-6, p. 270.J Repealed 188J, 5, chap. X, sec. 2. it n. co. iii« ". p. 496. J mj. p. 6. • J, p. 227.| >*J. U2: 1S69 70. 304; 1S71-J. W| ACT ;>. 11.] D the treasurer - ! offlo*. TITLE •A BIV1 ACT TITLE 453. ACT p. 28.] r.fln«t. hi 1*». ACT Auti department. [State. lv TITLE 454. [LBOAD COMPANY. ACT Thia ■ Um line of 1U road. 1217 STANFORD UNIVERSITY. Acts TITLE 455. SPANISH LAND CLAIMS. ACT 3744. Providing for the preservation of papers relating to. [Stats. 1865-6, p. 312.] TITLE 456. STALLIONS. LCT 3749. ?o provide for the keeping of stallions and jacks. [Stats. 1871-2, p. 63.] Codified by amendment of Penal Code, 1905. See note to § 597g, Penal Code. This act prescribed limits for the keeping of stallions and Jack* unless they were inclosed from view. TITLE 457. STANFORD UNIVERSITY. ACT 3754. An act exempting from taxation a portion of the property held in trust for the benefit of the Leland Stanford Junior University. [Approved February 14, 1901. Stats. 1901, p. 4.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The university buildings of the Leland Stan- ford Junior University, situate in the county of Santa Clara, state of California, used for university purposes, and all bonds held or that may be held by the trustees of such university in trust for the benefit of such university, shall be exempt from taxation; provided, that all other property, real and personal, held in trust for the benefit of such university shall be subject to state, county and municipal taxation; and provided further, that while thi3 act is in force no fees shall be charged residents of this state for tuition at such university, but such tuition shall be entirely free. Sec. 2. This act shall take effect from its passage. Gen. Laws— 77 9Tamtsl,at;s COUNTY. 1-iS ACT 3755. Ah act" granting to the trustees ef the Leland Stanford Junior University corporate powers and privfl< f A|.[.m\. .1 K. I.rnary 1 I. 1 *.»" 1 . - II, p. 4.] le of th< California, represented in Benate and I as toll( on 1. The tr Dd Stanford Junior University are given th< rfght to exereise corporate powers ainl privileges, and to that < n.l they i oize nn.l board of trust I Bncfa offl ■ii y may i|. • mi to l" i adopl bj '1 aa such board, and through they may transact such buai seas, pert such powers as they in writing may provide may I" trana- performi > deemed to alter the tenure or is of such trust* btc. -. This act ahaU ge. TITLE 458. NISI. A I rv. ACT 3760. Protection oJ agriculture in. and pr ' -r distraining ,,1 ir | animals. [S: 3, p. 164.] ued. by the est ray laws or 18S7, ua. u m3. ACT 3761. bKahfng a public highwav snd ferry on San Joaquin -. 1871-2^ p. Purprsfi'^l by subd. 35. sec. 2o, Cunty Government A. t, 1S97, W». ACT 3762. Additional notaries public. [State. 1873 '. p. 108.] This ail j; I tbe appointment of Ave adJitlonai notarie*. 1219 STANISLAUS RXTER. Acta 3763-3776 ACT 3763. Offices of public administrator, coroner, and superintendent of schools. [Stats. 1873-4, p. 537.] Repealed by County Government Acts, see 1897, 452. ACT 376J. Separating office of county recorder from office of county clerk, and regulating salaries of certain officers. [Stats. 1873-4, p. 277.] Amended 1873-4. 448; 1S77-S, 1001. Superseded by County Govern- ment Acts, see 1897, 462. ACT 3765. To provide for the extermination of squirrels in. [Stats. 1877-8, p. 787.] Repealed 1SS0, 7. ACT 3766. County superintendent of schools, compensation of. [Stats. 1873-4, p. 537.] Repealed by County Government Acts, see 1897, 550, sec. 191. ACT 3767. Superintendent of schools, act to provide office for. [Stats. • 1871-2, p. 35.] ACT 3768. Road poll-taxes, collection of. [Stats. 1875-6, p. 570.] Repealed by Political Code, sec. 2652, as amended 1891, 478. ACT 3769. Treasurer to transfer certain funds. [Stats. 1875-6, p. 270.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 4t>3. This act authorized the transfer from the swamp and overflowed fund to the general fund. ACT 3770. Regulating salary of treasurer of. [Stats. 1871-2, p. 183.] Superseded by County Government Act, 1897, 550, sec. 191, a* amended 1901, 171. ACT 3771. Witness fees in. [Stats. 1873-4, p. 732.J Repealed ls7:-6, 493. TITLE 459. STANISLAUS RIVER. ACT 3776. To establish, maintain, and protect a public ford across, and a public road to and from the same. [Stats. 1871-2, p. 283.] STATE. U10 T'TLE 460. .TE. ACT 3780. To < ad establish a portion of the eastern boundary. S9.] ACT 3731. In r •'-.'-■ -'ate is a party. [Stats. p. 160.] by Code of Civil" Procedure. sec. 103S. /CT 3782. ition of donations L880, p. 20.] ACT 3783. ; n land«. | ^71-2, p. Pf. | Thl« net ; I lor the release of certain land* to the United ACT •tion over certain lands ! to the Dn ted States. [Stat* 1S91, p. 862.] ACT 3785. Givi •• ation of certain lands bv con- lent of the Mate to the reservation of a cer- tain trm t by congress for a public park. ACT 3786. Kxpi f to the art of congress of August apply a portion of <'cd9 from the pqblie lands to the more complete endowment and support of i 3 for the bi h fit of agriculture and the mechanii d under the proviav ions of an act of congress approved 18G2. [Stats. l-'-M, p. ACT 3787. ropriation to pay the claim of A. J. Bourn against the state foi I by him while in Btate. | stats. 1801, p. 513.] urn v. Hart, 93 Cal. 321.) ACT 3788. To authorize Robert C. Ball to sue the state. [Stats. 1891, p. 191.J K21 STATE. Act3 3789-3792 ACT 3789. Enabling the Coulterville and Yosemite Turnpike Company to sue the state. [Stats. 1891, p. 275.] ACT 3790. Suit against state, authorizing certain persons to bring. - [Stats. 1875-6, p. 680.] This act authorized Drury Melone, John Lord Love, and James J. Green to sue the state. ACT 3791. To authorize suits against the state, and regulating the pro- cedure therein. [Stats. 1893, p. 57.] Cal. Rep. Cit. 138, 383; 139, 401; 139, 403; 139, 409; 144, 690; 14*. 691; 144, 692. See Molineux v!" State, 109 Cal. 378; Chapman v. State, 104 Cal. 690. This act appears in full In Code of Civil Procedure, Appendix, p. 784. ACT 3792. An act authorizing suits against the state on claims or de- mands arising under an act of the legislature entitled "An act fixing a bounty on coyote scalps," approved March 31, 1891, and regulating the procedure therein. [Approved March 23, 1901. Stats. 1901, p. 647.] Cal. Rep Cit. 141, 355; 141, 356; 144, 683; 144, 688; 144, 689; 144, 690; 144, 692; 144. 693; 144, 609; 144, 701; 144, 741; 144, 746. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The owners or holders of claims or demands against this state arising under the provisions of an act of the legislature entitled "An act fixing a bounty on coyote scalps," approved March thirty-first, eighteen hun- dred and ninety-one, may, within twelve months from the passage of this act, bring suit upon their said claims or demands in any superior court of this state, and prosecute the same to final judgment. The rules of practice in civil cases shall apply to such suits, except as herein otherwise provided, with the right of appeal to either party. See. 2. Service of summons in such suits shall be made on the attorney-general. It shall be the duty of the attor- ney-general to defend all such suits; and upon his^ written demand, made at or before the time of answering, the place of trial of any such suit must be changed to the county of Sacramento. Act 3793 STATE. 1222 Si e. 3. All costs in any suit brought hereunder shall be paid by tin 1 plaintiff in Hie action; and in com judgment therein 1" fox the plaintiff, it shall be for the amount actually found duo to tho plaintiff, without interest there- on and without costs; and such judgment shall bear no intc resl after r> ndition. Sec. 4. It ihall be the duty of the attorney-general to report to the legislature at its aexl ensuii all anal judgments recoveri I the state hereunder, not ti r. ported. This act shall tal. immediately. ACT 3793. An act to authorise suits against the Mcernrng tin real property, and regulating she ptosedure then in. [Approved Mares B, 1901. Stats. 1901, p. 111.] The people of the Btati of California, represented in senate and assembly, de enact :is • • whole or to any part of the following described read prop- to wit: The fractions in the east half of Bection ninetei n and the • half of • the noil liwi st quart, northeast quarter and s.mtli h. rter and the southeast qua: aty and the south- it quarter twenty-one, b«.ing the land app for and sold to A. II. Betel] as a portion of tb*> five-hundred- tkouaand-acre grant; also, the fractional northwesi and fractional northeast quart, r of Bection twenty-eight, b< the land applied for and sold to A. II. Estell of the t' grant; all being in township three south and range seven east, M. I>. B. and M.. Stanislaus County and Btah of California, and eonl hundred and ,ur and 6 hundredths acn s: hereby authorized, on the terms and conditions In rein contained, to bring suit against I Cali- fornia in any court of competent jurisdiction in said s1 t,, quiel title to said land or to any portion thereof, and to ; to final judgmi at. Ti" rules practice in civil easi a relal shall apply to such suits as may be brought under tins authori t ion, except as In n in ol I \ ny such suit to quiet 1 I be comn within one year after this act takes effect. 1223 STATE ANALYST— STATE CAPITOL. Acts 3799-.180G Sec. 3. At the time of filing the complaint in any such suit, the plaintiff shall file therewith an undertaking, in such sum, not less than five hundred dollars, as a judge of the court shall fix, with two sufficient sureties, to be approved by the judge of the court, and conditioned that, in case the plaintiff fails to recover judgment quieting the title of such plaintiff, he will pay all costs incurred by the state in such suit, including a reasonable counsel fee to be fixed by the court. Sec. 4. Service of summons in such suit shall be made on the governor and attorney-general. It shall be the duty of the attorney-general to defend all such suits. Sec. 5. A certified copy of any decree rendered in any such action quieting title may be recorded in the office of the county recorder of Stanislaus County and shall there- after have the same effect as if such decree had been made in the superior court of said Stanislaus County. Sec. 6. This act shall take effect immediately. TITLE 461. STATE ANALYST. ACT 3799. To provide for analyzing the minerals, mineral waters and other liquids and the medicinal plants of the state of California and of foods and drugs to prevent the adul- teration of the same. [Stats. 1885, p. 43.] In full in Appendix to Political Code, p. 1111. TITLE 462. STATE CAPITOL. ACT 3804. To provide for permanent location of seat of government at Sacramento. [Stats. 1854, p. 21.] Superseded by constitution, art. XX, sec. 1. ACT 3805. Authorizing issuance of state bonds for. [Stats. 1871-2, p. 694.] This act authorized the issuance of bonds to the amount of $250,000. ACT 3806. Employees at. [Stats. 1873-4, p. 937.] Amended 18S0, 107; 1889, 449. > ' .: Y. VTA ACT 3807. An ad authorizing and directing t ho board of state c.ipitol lei and r< pair the state capita] bui' Bre proof, rendering :ill ind making an appropriation th< r. for. L:> . p. 177. J TITLE 463. BTATE ENGINEBR ACT ' To jir. > \ \>\f ■• ration, promote rapid drain- • n of the Sacramento ;ii> riven. (Stats. 1877-8, p. 634.] will, which reoden the atatuu »n- This act created the office of state engineer. TITLE 464. BTATI FLOWBBb ACT 3816. An aoi bo Beleei end a«loj.t the "polrlen poppy" as the state flower of California. [Ap rek 2, 1908. Stats. 1903, p. 78,] The ted in senate follows: poppy (csehscholtzia) is hereby :. and adopted as the state flower of the dlfornia, ^hall be in force and effect from and after its passage. TITLE 465. BTATE GEOLOGICAL SURVKY. ACT 3821. tribotion "f reports of. [Stats. 1871-2, p. 55.] >71-2, 924 •J25 STATE L\NDS. Acts SS25-SJ27 TITLE 466. STATE LANDS. ACT 3825. An act forfeiting to the state of California all payments for state lands where a fraudulent title was sought to be obtained thereto. [Approved March 20, 1905. Stats. 1905, p. 388.] Section 1. Whenever it shall appear by final decree of any court of competent jurisdiction that title to any lands subject to sale by the state of California was obtained, or sought to be obtained, by fraudulent means, or in any man- ner contrary to the laws of this state relating to the acqui- sition of its public domain, all payments made in the in- terest of said fraudulent title shall revert to the state of California without suit, and it shall thereupon become the duty of the state surveyor-general and ex-officio register of the state land office to cancel all evidence of title to any land embraced in such fraudulent, or invalid location, and to restore said land to public entry. Sec. 2. This act shall take effect from and after the date of its passage. ACT 3826. An act providing for the presentation and cancellation of unloeated school land warrants of the state of Cali- fornia, issued under the act of the state of California, approved May 3, 1852, providing for the disposal of the five hundred thousand acres of land donated to the state of California by the government of the United State0, and authorizing the controller of this state to draw his warrant on the state treasurer for the sum of two dollars per acre, in favor of any bona fide owner and holder of any such land warrant, for every acre represented by any such land warrant. [Approved March 23, 1893. Stats. 1893, p. 181.] ACT 3827. An act to provide for the applications for purchase of six- teenth and thirty-sixth sections, and to regulate the application for purchase of such sections, and requir- ing a deposit to accompany all applications for the pur- chase of the same. [Approved March 20, 1889. Stats. 1889, p. 434.] Act 3827. {§ 1-3 STATi: I. « • i. and thirty-sixth ication to any portion of the sixteenth and thirty-sixth sections shall be accompanied in addition bo the fro f ■ >r filing ' by law, fur which th< oeral shall ' a r< c< Ipt, whic shall be ■ r in pari p-iviiK nt of tho en ri :iir - lid lainl. <>r M to his i n tin- tin : by law. or if his :i !'i ' f any i \it herein contained, the twenty dollars tbna 1 ^. r " to • i] fund, tf it is found thai plication, r»r that the * the land, then the snrv. in for a .:,* so paid, and ti>. r< aaon why the appli or perfected, and the •■■ him of th( said sur\ applicant, or his as- a w irra said amount. Pilii ■ >n any section of land ! under the provisions of this l"i!- <1 by the ap- plies "r I. r, shall have ime right as if it had !• rst filing. Moneys to go I fund. limit r tt of this a ' tho mom ys for- shail be paid I urer at of each month, and must be placed in 1 ' md, ' ' to thf eredit of the county in which the lamls applied for are situated. When any moneys ap placed in "Tin School lil of a county, th introller, at the m --it nt with the controller l>y tin must draw his warrant upon I treasurer for the amount in the fund to the on '! ; < of the county; provided, that the direction herein to the i . 1 1 r. »1 1« r 1227 STATE LANDS. Act 3S28 is exempted from the operations of section six hundred and seventy-two of the Political Code. ACT 3828. An act respecting the payment in full by holders of cer- tificates of purchase for lands sold by the state of California prior to March 27, 1872, and for which the said state has at any time heretofore issued certificates of purchase to subsequent purchasers. [Approved March 20, 1889. Stats. 1889, p. 428.] When holders of certificates of purchase of state lands deemed to have forfeited their rights therein. Section 1. Whenever application has been made to pur- chase land from this state, and payment only in part has been made to the treasurer of the proper county for the same, and a certificate of purchase has been issued to the applicant prior to the twenty-seventh day of March, eighteen hundred and seventy-two, and whenever such ap- plicant, his assignee or assignees, shall have failed for five years to pay to the state the arrears of principal or of interest due to the state for said land, and the state shall at any time heretofore have issued a certificate of purchase for the same land, or any part thereof, to a sub- sequent purchaser, then, unless the holder or holders of such prior certificates shall pay the entire residue of the inter- est remaining unpaid for such purchase within six months from and after the passage of this act, such holder or hold- ers shall be deemed to have lost all right to the land de- scribed in said certificate, or to complete the purchase of such land, and all moneys heretofore paid to the state of California on such purchase shall be deemed and taken to be forfeited to the state. Nothing herein contained, how- ever, shall be deemed or taken to give to or confer upon the holder or holders of such prior certificates, or any of them, as against the state of California, or any subsequent purchasers therefrom, or against the holders of subsequent certificates of purchase, any other or greater right to the lands herein referred to than is now held by the holder or holders of such prior certificates, or to confer upon such holder or holders any new right, or to affect or impair the rights of such subsequent purchasers or their assigns. Acta 38^-3833 3TA . 12?S I'rt ■ — Does not h I'riur parehasi r nr his assigns ■ • 1 a providi '1. t liat thii :..;■:. H itli- in f. . and after th< ill the following aru: ACT I all i! "T may >r military Bl its. 1897, p. ACT ACT i tin title ot (larch y, p. 74.] tl« to tide landa adjacent to Land* held l>uri>osos. ACT 3832. ral to sell and lamia. [App] 25L] ACT 3833. To for the purchase i] irn I Ap- proi • J . !, 117, 4«3. 1229 STATE LIBRARY. Acts 3834-3844 ACT 3834. For the relief of purchasers of state lands. [Approved March 27, 1872. Stats. 1871-2, p. 587.] Amended 1877-8, 914. Cat. Rep. Cit. 46, 26; 62, 259; C3, 30; 74, 112. ACT 3835. Entitled "An act to enable purchasers of state lands to redeem the same, where their titles have been or may hereafter be foreclosed for non-payment of interest." [Approved March 7, 1881. Stats. 1881, p. 65.] Cal. Rep. Cit 115, 333. See ante, Act 2872. ACT 3836. To provide for an examination into the sale and disposal of state lands. [Approved April 1, 1876. Stats. 1875-6, p. 798.] ACT 3837. To protect bona fide settlers upon public lands. [Approved March 23, 1874. Stats. 1873-4, p. 543.] Cal. Rep Cit 105, 150; loo, 151. ACT 3838. To reserve from sale the north half of section sixteen in township seven south and range three east, Monte Diablo meridian. [Approved April 1, 1876. Stats. 1875- 6, p. 679.] ACT 3839. For the protection of settlers on public lands claimed by the state. [Approved March 10, 1S74. Stats. 1873-4, p 327.] Amended 1881, 72. See Political Code, sees. 3441, 3443. TITLE 467. STATE LIBEAEY. ACT 3844. State library, establishing cabinet department in. [Stats. 1871-2, p. 824.] "Further duties of librarian terminated by transfer of the min- eral specimens to the mining bureau- by senate concurrent resolution No. 10 of March 4, 1881 < 1SS1, 102); transferred to Crocker Art Gallery, 1887, 74, chap. LX."- Code Commissioners' Note. Acta»l9-S8o9 STATE PRINTER-STATE PRISONS. U3d TITLE 468. ST ATK PRINTER. ACT 3849. & fating to. [Stats. 187] 2, p. 8fl.] ■ e. MO. subJ. 4. rvUtlng to sujxt- ting; ACT 3850. printing offl ~ .p. 554.J TITLE 469. : i: PBI8 ACT To '1' lii I gOV< ni th. • ' lonl oi Cali- fornia, 1880, p. 67.] ■ hap. CCLXIV. ACT ;856. \. in. [St:its. ISSi*. p. 104.] Thl» act Is In full in th. ] ACT 3857. Branch state prison neaT P .'mil maintenance of. [St:ii -. [873 i. p. 785.] This ml is In full U 70S. ACT 3858. Appropri for building work-shops and prison buildings ; i". [Approved hTarcfa 31, 1876. . p. 843.] ACT 3859. . in. nt ..f tin- I'X j ■ f t lie trial ni convicts for crin in tin • II. and i.' paj ' lie ti i.-il rj con- j, ,-iii.l in pay for ti"- ■ in ^ i i ■ I prisou. [81 •. p. 13. | This act Is In full In th. iS8. 12 5i STATE PRISONS. Acts 3S60-.?M"> ACT 3860. Providing for the erection and operation of rock-eras plants at the state prisons, for the preparation of high- way material for the benefit of the people of the state, and providing for the necessary advances and appro- priation of money to carry out said work. [Stats. 1895, p. 274.] In full In the Appendix to the Penal Code, p. 710. ACT 3861. To regulate and govern the operation of the rock-crushing plant at Folsom, to provide for the sale of crushed rock and the disposition of the revenues derived therefrom. [Stats. 1897, p. 99.] In full in the Appendix to the Penal Code, p. 713. ACT 3862. Directing the state prison directors of the state of Cali- fornia to employ at least twenty prisoners in the con- struction of roacis to the state prisons at San Quentin and at .Folsom. [Approved March 12, 1903. Stats. 1903, p. 127.] This act appears in full in Penal Code, Appendix, p. 719. ACT 3863. To protect the public health, to prevent the introduction and spreading of disease, and to provide for the protection of the health of criminals under sentence on a con- viction of a misdemeanor. [Stats. 18S3, p. 280.] In full in the Appendix to the Penal Code, p. 719. This act pro- vided for the cutting of the hair of prisoners. ACT 3864. To prohibit the sale of ardent spirits within two miles of the state prison. [Stats. 1855, p. 108.] Superseded by Penal Code, sec. 172. ACT 3865. To authorize and empower the state board of prison direc- tors to purchase California-grown hemp, to be used in the manufacture of grain bags, and to fix the price at which such bags shall be sold. [Approved March 16, 1901. Stats. 1901, p. 515. J This act appears in full in Penal Code, Appen-dix, p. 716. Acta 3866-3883 STATE TREASURER-STATUTES. 1232 ACT 3866. To establish a board of parole commissioners for the parole ° f ?y Code of Civil Procedure, sec. 348. This act appears In full in Cole of Civil Procedure, Appendix, p. 787. It provided that there should be no limitation against banks and trust companies. TITLE 472. STATUTES. ACT 3882. To abolish all laws excepl those passed during the present Bession. [Stats. 1850, p. .: 42.] ACT 3883. Fixing the time when general laws shall take effect. 181 I860, ]>. 16.J Amended 1SG1. 77. Superseded by Political Code, sec. 323. 1233 STANISLAUS— STOCKTON. Acts 3SSS «3 TITLE 473. STEAMBOATS. ACT 3888. To guard against the destruction of property by fire by means of sparks from the chimneys of steamboats navi- gating certain waters of this state. [Stats. 1857, p. 121.] This act required steamboats on the San Joaquin or Sacramento rivers to u=p spark catchers. It has been superseded by Political Code, sees. 2374-2377. TITLE 474. ST. HELENA. ACT 3894. Incorporating. [Stats. 1875-6. p. 444.] Amended 1877-8, 791. Superseded by incorporating, in 1889, under the Municipal Corporation Act of 1SS3. TITLE 475. STOCKTON. ACT 3899. Beineorporating. [Stats. 187J.-2, p. 595,] Amended 1873-4. 193, 439; 1875-6, 523; 1877-8, 220. Superseded by the charter of Stockton, 1S99, 577. ACT 3900. Assessor of, additional powers of. [Stats. 1877-8, p. 65.] Superseded by chax-ter of Stockton, 18S9, 514. ACT 3901. City council empowered to protect city from inundation. [Stats. 1875-6, p. 12.] Superseded by charter of that city, 1889, 577. ACT 3902. Empowering to excavate, widen, and open Mormon Slough. [Stats. 1871-2, p. 540.] "Probably superseded by charter of Stockton, sees. 146 to 164. Stats. 1880, 612."— Code Commissioners' Note. ACT 3903. Eatifying ordinance No. 64. [Stats. 1877-8, p. 201.] This act authorized the receipt and disposal of certain lands. Gen. Laws- 78 Acts 3D04-3y25 ACT 3904. STCX V To pro vi fir- for the construction and maintenance of an open eanal from n r a Joaquin River, for sanitary and drainage purposes, and to appro- priate money r. [Approved March 12. 1887, Stal p. 109.] The art authorized the i [recton of the Insane asylum to construct the above canal. TITLE 476. BTO 3LOTJGH. ACT 3909. Declaring navigable. [Stats. 1 ^71-2. p. 117 ] Superseded by Political Cade. sec. S49, as amended 1891. 9t. TITLE 477. BTBAWBEBBT 7ALLEY. ACT 3914. Defining the locality of the village of Strawberry Valley. [Stats. l<5r,n, p. 115.] TITLE 478. STBEET BAILBOADB, ACT 3919. • rning street railroads. [Stats. 1868, p. 29rt.] This, act provided a penalty for ovrrrhnrRee. an 1 required panlec to furnish tickets. It hns been superseded by the Civil • ■ 1. 505. ACT 3920. ■ i reet railroads, [Stats. 1869-70, p. 4S1.] J0, 786: 1871-2. 615. Probably superseded by Civil Code, sees. I Cal. Kep. Clt. 43. 371. TITLE 479. BTBEETB. ACT 3925. An act to provide for the planting, main ten ai shade trees upon streets, lanes, alleys, courts and j 1235 STREETS. Act 3925, §§ 1-3 within municipalities, and of hedges upon the lines thereof: also, for the eradication of certain weeds within city limits. [Approved March 11, 1893. Stats. 1893, p. 153.] Section 1. All streets, lanes, alleys, places, or courts in the municipalities of this state now open or dedicated, or which may ^hereafter be opened or dedicated, to public use, whose grade has been officially established, and which have been actually graded in conformity therewith, may be planted with shade trees, along the edges of the sidewalks thereof, by order of the eity council, which shall have power, also, to provide for the maintenance and care of the same; and the city council shall have power to prescribe the height, thick- ness, and manner of trimming of all hedges set out, or that shall hereafter be set out, along the line of any street, lane, alley, place, or court dedicated to public use, whether graded or not, and to compel compliance with its ordinances in the premises by the owners or occupants of the lots fronting thereon. The powers hereby conferred upon city councils shall be exercised in the manner and under the proceedings hereinafter described. Sec. 2. The eity council of any municipality in the state may, at its discretion, pass a resolution of intention to plant, or cause to be planted, with shade trees, any graded street, lane, alley, place, or court within the limits of such munici- pality. Such resolution of intention may embrace the en- tire length of any street, lane, alley, place, or court, or any portion thereof, but must specify the kind of trees to be planted, their size, age and their distance apart. The street superintendent shall thereupon cause to be conspicuously posted along both sides of the streets mentioned in the reso- lution at not more than three hundred feet in distance apart, notices of the passage of said resolution. Said notice shall be headed "Notice to plant shade trees," in letters not less than one inch in length, and shall, in legible characters, set iorth the language of the resolution and the date of its passage. The city clerk shall also cause a copy of the reso- lution to be published for six days in one or more d newspapers published and circulated in said city, and des- ignated by said city council. Sec. 3. The owners of a majority of the frontage of the property on both sides of the street proposed to be planted as aforesaid may, within ten days after the expiration of the Act 39:5. gg 4. 6 STREETS. 123f- time of publication of said resolution, fi !«• tin ir writ- mi nt of the ol with the city . which must be signed by tl each one writ- his or her name the T.ii ml.- r of fe< t f by liiin <>r her. Snob ■ n wherein the par- ties making them will be injured or i by the pro- ft work, and it kind of trees pro- to be mbstituted therefor. Th • II, at its next r the filing foi hear less than one wi tcr. The city eh rk shall tber< upon i I r. or his agent, wl r h- r nai ment, by I to him cir her, ] the time and plai cil shall h( ar th( ime, and • t thai in tii. choice of ' 'I by the writ tin r, on 1> to plant. 1 1 th • objection :; n:, f s shall be a under the n the date of il I to plan I mcil shall no action had boon previously tal of the time of publication o a, if no wri 1 1 i hare been filed with the citj ided, rwise, immediately upon tl ling of tl tioiis by the council, the council shall quired jurisdiction to th< work whic authorized by this act, which or.hr Bhall be publi two days in the sai publical ion of the n sorul ion of in! s. c, 5. i »i the pi the city council shall cause noti. fications; to rpicuously for five door '■ chamb< r, ai for five days in th< same manner and pa proyidi '1 tor the publii ation oi inviting Beaded pr for 1 i for furnish and doing th< lered. All m or price lor which the bi.hl r will an the 1237 STREETS. Act 3925, g 5 trees, of the kind, age, and size required, and will suitably prepare the ground, set out the trees, warrant every one of them to grow, or replace all that fail to grow or receive damage from whatever cause with others of the same kind and of suitable age ard size to preserve uniformity, and will for three years care for, cultivate, protect, irrigate, and trim said trees. And no order for the planting of any street shade trees shall be made that does not likewise provide for the care and maintenance of the trees for three years by the contractor planting the trees. All proposals or bids shall be accompanied by a check payable to the order of the mayor or president of the city council, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal. Said proposals or bids shall be delivered to the clerk of the ^ity council, in- dorsed "Proposals to plant trees," and said council shall, in open session, examine and publicly declare the same; provided, that no proposal or bid shall be considered unless accompanied by said check. The council may reject all pro- posals, should it deem this for the public good, and shall re- ject the bid of any party who has been delinquent or unfaith- ful in any former contract with the municipality, and may award the contract to the lowest responsible bidder, at the prices named in his bid, which award shall be approved by the mayor or president of the council. Notice of ruch awards of contracts shall be posted and advertised for five days, in the manner hereinbefore provided, and it shall be the' duty of the superintendent of streets to enter into a contract with the bidder to whom the work shall have been awarded by the council, and at the prices specified in his bid; whereupon the certified checks of all the other bidders shall be returned to them, respectively. But if such lowest bidder neglects, fails, or refuses, for fifteen days after the first posting and publication of the award, to enter into the contract, then the city council, without further proceedings, shall again ad- vertise for proposals or bids, as in the first 'nstance, and shall award the contract for said work to the then lowest- bidder. If the contractor who shall have taken any contract shall not complete the planting, within the time limited in the contract, or withiD such further time as the council may give him, the superintendent of streets shall report such de- linquency to the council, which may relet the unfinished portion of the planting and the future care of the trees, after pursuing the formalities hereinbefore proscribed r the letting of the whole in the first instance. •_•;, § j 6-9 .':ts. - ill, at the t • !■ eating are of tri r or presi l< at of the city eonncil, with I the ci t v in BUCh sums v,.r i>r ] i >anct] shall : be faith' tlic and tlio sun ti's shall juati the ra- r or juatic< of th in double the amount bm n tioned '11 statutory exemption. bom the ■ n mad( i I be eity 1 1 urv tli.' • .1 under the ■ Ml work done under the proviaoue of this statute r tii.- • 1 i r- the itv it shall 1"'. aader I ,,t ti lini.'il. t" see that all I I by, con'- thfully complied with. and that nil trees farau ' from in •Kill certify to th >tnpletion of all work, or portion of work, which, by the the <-on 1 . otitle tin u whole or in i ieh payax ■\c due under tne eonti r tin- proi of tl wit: Not moi u of th. ■ .:ii.l for, to the party fornie • shall i, :lv implied with; the remaining one-half I paid al I he i nd of thr planl litiona shall h. with. for tin ]•' an aas( ssnu nl due foi in BUCh i ling all ii 1239 STREETS. Act 3025, 5 'i upon the lots and land fronting on the street, lane, alley, court, or place to which such contract relates, each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per foot front sufficient to cover the total expenses of the work. Said assessment shall briefly refer to the contract, the work contracted for, and shall show the amount to be paid then for, together with any incidental expenses, the rate per foot front assessed, the amount of each assessment, the name of the owner of each lot, if known to the assessor (if unknown, the word "Unknown" shall be written opposite the number or description of the iot, wfth the amount assessed thereon). And the assessor shall attach to said assessment a diagram, exhibiting the stre< t. lane, alley, place, or court on which the work is contracted to be done, and showing the relative location and frontage of such lot, numbered to correspond with the numbers in the assess- ment. To said assessment shall be attached a warranjfc, which shall be signed by the superintendent of streets, and counter- signed by the mayor or president of the council. The said assessments and warrants shall be separately issued for each payment that shall be due the contractor, as specified in sec- tion eight of this act, and shall be substantially in the fol- lowing form: Form of the Warrant. By virtue hereof, I (name of the superintendent of streets), of the city of , county of , and state of California, by virtue of the authority vested in me as said superintend- ent of streets, do authorize and empower (name of contract- or), his agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto at- tached, and this shall be his warrant for the same.. Date , . (Name of superintendent of streets.) Countersigned by (name of mayor or president of coun- cil.) Recorded (date , ). (Name of superintendent of streets.) Said warrant, assessment, and diagram shall be recorded in the office of the superintendent of streets. When so re- corded, the several amounts assessed shall be a lien upon the lands, lots, or portions of lots, assessed, respectively, for the period of two years from the date of said recording, unless sooner discharged. From and after the date of said record, all persons interested in any manner in any or all of the lots Act 3925. § § 10-U STREETS. 1240 assessed shall be deemed to have notice of the contents said record. 10. After said warrant, m shall have been recorded, the same shall !><■ delivered to the ■ tractor, his agents or assigns, on demand, who shall thereby be authorized to demand and resn ive I oral Tn default v. - i n- fur.-i ,] coll< ctions, inten at, motion of srrors, the same proceeding be had ae iti< (1 in & and seventeen of I "An act to provide for work lanes, all< * Iks, and for the construction of sewers within munici] ap- proved starch eighteenth, eighteen hundn ghty-five, tided March fourteenth, eighteen hundred and eighty- nine. Sec. 11. Tin- city council of every municipality in this state has jurisdiction of th > by prohibit the planting of thorn-bearing hedges and tl barbedtwire along street lines, and may r width, and the mode of trimming hedges, and enforce ordi- nances enacted for such pur. or bther negligent or ri cue or lands on which bed Th' \ may also condemn :im public nuisances, any or all . ged or downy nature, and are Bpread by th. winds, and may compel the eradication of such weeds by rs ot' the lota whereon they grow, >>r al their Sec. 12. The city council or trustees of every municipality shall provide for the r< placi mi i I Por the trimming and planted fOT three or more years in th j, win tiier such planting shall hav< been done under this act or otherw i t must be deft out of the Btreel fund, and the work be done by the super- intendent of streets of such municipal See. 13. Th uch muni ■ hall by vote of th 'herein d( to come within its provisions. Bee. L4. This act shall take effect from ami after its pas- sage. 1241 STREETS. Acts 3926, 3027, §§ 1-3 ACT 3926. To provide for the improvement of streets, etc., and the construction of sewers within municipalities. [Stats. 1883, p. 32.] Repealed 1885, 165. Cal. Rep. Cit. 69, 473; 73, 75; 73, 85; 98, 618. ACT 3927. An act to provide for laying out, opening, extending, widen- ing, straightening, or closing up in whole or in part any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and nil land and property necessary or convenient for that pur- pose. [Approved March 6, 1889. Stats. 1SS9, p. 70.J Repealed as to cities over 40,000, act 3931, post. Cal. Rep. Cit. 86, 39; 95, 458; 97, 13; 98, 616; 99. 540; 100, 435; 101, 19; 101, 23; 101, 508; 101, 511; 102, 517; 104, 307; 109, 51; 115, 568; 119, 165; 124, 277; 124, 336; 124, 340; 124, 505; 125, 640; 127, 6t>5; 132, 236; 133, 6. Laying out, opening, closing, etc., streets, lanes, alleys, etc. Section 1. Whenever the public interest or convenience may require, the city council of any municipality shall have full power and authority to order the opening, extending, widening, straightening, or closing up in whole or in part of any street, square, lane, alley, court, or place within the bounds of such city, and to condemn and acquire any and all land and property necessary or convenient for that pur- pose. Eesolution of council declaring intention to perforin stre« t work. Sec. 2. Before ordering any work to be done or improve- ment made which is authorized by section one of this act, the city council shall pass a resolution declaring its intention to do so, describing the work or improvement, and the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said work or improvement, and to be as- sessed to pay the damages, cost, and expenses thereof. Street superintendent to post notice. See. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplated work t. 5 151 ? or improvement* at not more than three hundred fort in dis tance apart, lmt I .in all, notices of ■M t>e headed ' ' No- Public Work," in I thin one bach in fact of pas- of the n : '-'. tlie work or im- itation for t'urtln r .-, similar in Sub- stane. , to be published of ten days in on< l in said city, and ! by said ncil; or if there is no daily i in said city, then . cireulati d, and designate d, ■ impr • ricl or land • to b< tid work or im t, and to if, may m written objections to the same within after tin piration of the time "t the publi •' said notice, which delivi red 1 ncil, who shall in-: by him, ami at the next m ouneil af* pira- tion of said ti n daj - lay - ■ ■ il, which shall fix a time for ' than oni ■ lid city, ; ag prepaid, addxi Bsed to such obj (unci! to be final. s, ,-. clfled or to which the hearing djourni d, 1 1" council shall hi nr the ol urged, and pass upon I 11 be final and conclusive. It Buch ob tainrd, all pro ,., , i toppi d, but pro menced at any time by giving notice of i work or makt said im- . v , r ruled by the city c mncil, the pr l continue tin ; . . At the expira- of the time | icb obj< work or impl • tnaj bi and.. tion sliall have been made, or If an objection shall liavi been iii 1243 STREETS. Act 3927, §§ 6-S and said council, after hearing, shall have overruled the same, the city council shall be deemed to have acquired jurisdiction to order any of the work to be done, or improvements to be made, which is authorized by section one of this act. Jurisdiction. See. 6. Having acquired jurisdiction as provided in the preceding section, the city council shall order said work to be done, and unless the proposed work is for closing up, and it appears that no assessment is necessary, shall appoint three commissioners to assess benefits and damages, and have gen- eral supervision of the proposed work or improvement until the -completion thereof in compliance with this statute. For their services, they shall receive such compensation as the city council may determine from time to time; provided, that such compensation shall not exceed two hundred dollars per month each, nor continue more than six months, unless extended by order of the city council. Such compensation shall be added to and be chargeable as a part or the expenses of the work or improvement. Each of said commissioners shall file with the clerk of the city council an affidavit, and a bond to the state of California in the sum of five thousand dollars, to faithfully perform the duties of his office. The city council may at any time remove any or all of said com- missioners for cause, upon reasonable notice and hearing, and may fill any vacancies occurring among them for any cause. Commissioners to employ assistance. Sec. 7. Said commissioners shall have power to employ such assistance, legal or otherwise, as they may deem nec- essary and proper; also to rent an office, and provide such maps, diagrams, plan's, books, stationery, fuel, lights, post- age, expressage and incur such incidental expenses as tin y may deem necessary. Expenses to be a charge upon the particular work required. Sec. 8. All such charges and expenses shall be deemed as expenses of said work or improvement, and be a charge only upon the funds devoted to the particular work or improve- ment as provided hereinafter. All payments, as well for the land and improvements taken or damaged, as for the ehaxj and expenses, shall be paid by the city treasurer, upon i rants drawn upon said fund from time to time, signed by said commissioners, or a majority of them. All such war- rants shall state whether they are issued for land or improve- Act 3927. § § y, 10 STREETS. V-41 merits taken or damaged, or for charges and expenses, and that the demand ; s payable only out of the money in said fund, and in no event shall the city be liable for the failure to collect any assessment made by virtue In roof, nor shall said warrant be payable out of any other fund, nor [be] a claim against the city. Viewing of land — Examination of witnesses. See. 0. Said COmmi Shall proceed to view the lands described in the resolution of intention, and may examine witnesses on oath to be administered by any one <>f them. 1 the land to be taken, and the improvements affected, and considered the testimony presented, they shall nth all diligence to determine the value of the land and the damage to improvements and property affected, and also • ncident to said work or im- ], r i>\ 5 determined the same shall pr<- upon the district of lands declared bene Cited, the exterior boundaries of which were fixed by the reso m of intention provided for by section two hereof. • t shall be made upon the lands within said district in proportion to the benefit to be derived from said work Or improvement, so far as the said commission' rs can rea- sonablv estimate the same, including in such estimate th< property of any railroad company within said district, if such there be. Report to council accompanied with a plat of the assessment district. 10. Said commissioners having made their assessment of benefits and damage, shall, with all diligence, ra.il/ written report thereof to thl city council, and shall accom their report with a plat of the assessment district show- ing the land taken or to be taken for the work or improvi ment, and the lands assessed, showing the relative location of each district, block, lot, or portion of lot, and its dimen- sions, so far as the commission! rs can reasonably asc, rtain the - ich block and lot, or portion of lot, taken or as- led shall be designated and described in said plat by an appn imber, and in ret'. rene< to it by such «b seriptive number shall be a sufficient description "t it in an\ suit to condemn, ami in all respects. When the re] aiol plat are appi the city council, a copy of said plat, appropriately designated, shall 1m tiled by the i thereof in the office of tin recorder of the county. 1245 STREETS. Act 3727/ §§ 11-14 Report, what must specify. Sec. 11. Said report shall specify ea.ch lot, subdivision, or piece of property taken or injured by the widening or other improvement, or i I iierefor, together with the name of the owner or claimant? thereof, or of persons inter- ested therein as lessees, incumbrancers, or otherwise, so far as the same are known to such commissioners, and the par- ticulars of their interest, so far as the same can be ascer- tained, and the amount of value or damage, or the amount assessed, as the case may be. When set down to unknown owners. See. 12. If in any case the commissioners find that con- flicting claims of title exist, or shall be in ignorance or doubt a 3 to the ownership of an}' lot of land, or of any improve- ments thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or of the condemnation of the property to be taken. Filing of report and plat, and publication of. Sec. 13. Said report and plat shall be filed in the clerk's office of the city council, and thereupon the clerk of said city council shall give notice of such filing by publication for at least ten days in one or more daily newspapers published and circulated in said city; or if there be no daily paper, by three successive insertions in a weekly or semi-weekly newspaper so published and circulated. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the city council on or before a day fixed by the clerk thereof, and stated in said notice, which day shall not be less than thirty days from the first publication thereof. Objections must be in writing. Sec 14. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the nb city or city and • levied ai •it roll are -ln>- and payable immedi- & that til- payment of said sumc liini within thirty .lavs from the date of tin- first publication - id notion shall also contain a statement that all .;;,;, I thirty days will l" declared to be delinquent, and that th after tin sum of ' the amount of each do- liii'l'" hi _n tin r with the COSl of a.! b delinquent ■■< - added then t,>. win n payment of any a id superintendent ts, ho shall wrn rd "Paid." and the dal payment, opp paid, and the names of persons by or for who raient i.s paid, and shall, if so required, give a receipt therefor. On th. piration of said thirty days, all assessments then unpaid shall be and become delinquent, and said superb shall certify such fact at tin foot of said a- roll, and shall add five per c< nl to th • amount ol 'out 12*? STREETS. Act 3927, § 1i occupant of I to whom damagt a shall h:iv. b( i II 'iv I >n drawn for t ho and that h<' can receive such warrant rs npofl t< a convey- • in t rs, to 1 ■ his last known p] [f iration of thirty di »it of such mould not 1 ich warrant, and tend of t' I be d< pos- it) d with the county tr all be d< liv< r< d to such ■ I OB shall be had, shall b< canc< led. pt pa\ merit. 18. If n- ts or re» the warrant drawn in -aid. * as to >f taking Ins land, the eomn the appi be taken for the nal ion 1 by law undt r the right of eminent do- imptaint i city to take lemn the said lands or an • setl ing f • work to be don< shall : the municipality, and have pi t will permit ; ; . d shall be payabli portion of 1 ' • main in the I r ury, so far as the Bame can be appli 1249 STREETS. Act 3927, §5 15, 3i] trial and judgment entered, or preceding an appeal, the court may order the city treasurer to set apart in the city treas- ury a sufficient sum from the fund appropriated to the par- ticular improvement to answer the judgment and all dam- ages, and thereupon may authorize and order the municipality to enter upon the land and proceed with the proposed worK and improvement. In case of a deficiency in said fund to pay the whole of such judgment and damages, the city coun- cil may, in their discretion, order the balance thereof to be paid out of the general fund ot the treasury or to be dis- tributed by the commissioners over the property assessed by a supplementary assessment; but in the last-named case, in order to avoid delay, the city council may advance such bal- ance out of any appropriate fund in the treasury, and reim- burse the same from the collections of the assessment. Pend- ing the collection and payment of the amount of the judg- ment and damages, the court may order such stay of pro- ceedings as may be necessary. Duty of treasurer on payment of warrants. Sec. 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for xand or improve- ments taken or damaged shall priority over warrants xor charges and expenses, and the treasurer shall see that suffi- cient money is and remains in the fund to pay all warrants of the first class before paying any ot the second. Supplementary assessments, when may be orelered. Sec. 20. if after f e sale of the property for delinquent assessments there should be a deficiency, anel there should be unreasonable delay in collecting the same, or if for the pur- pose of equalizing tne assessments supplying a deficiency, or for any cause it appear desirable, the commissioners may 8- report to the city ceuncil, who may order them to make a supplementary assessment and report the same in mat and form as the original, anel subject tc the same procedure. If by reason of such supplementary assessment, or for any cause, there should be at any time a surplus, the city coun- cil may appropriate the same and declare a dividend pro rata to the parties paying the same, anel they, upon demand, sli.iil have the right to have tne amount of such pro rata dividends refunded to them, or credited upon any subseq .ent assess- ment for taxes made against said parties in favor of said city. Gen. Law*— 79 BTREBTB. :xo ■ le d< ft etive title. 21. If any title attempted to b< ■' by virtue of this ad shall bi found to be defective from ai i! may again institute pro. [uire 'i" may an- thorize the eommi l include tin coat t h * ■ r wpplementary provided in tin i,>n. Proceedings when boundaries of du lands affect the whole < ■ i t y . If the city council deem it proper that tin darii ■ of the districts of lai d to ■ he dami j f any wots or improve- mi nt under thin act, shall include the wh then the comi l shall proceed in a summary manner tn purchase the lands to In' taken or condemned from the owriers and claimants tin-. I said commissioners and ■ 'I claim m free upon 1 i bi paid for v-.j.i lands ann value tin' same, and shall thereupon make a summary the city eouneil. Upon final confirmation of I mom y available in tin city iry, shnii eause I be cosl no! i plated public impi apon tin' whoh of tin- taxable proper d city, and to be included in and form pai gem ral ami with like effect in nil tame formed :i part of tin- oil tad wlnn | shall hav. mcil Bhall cause the land required to be paid for or tin tendered, ami the saiil contemplated public iarprovemeni rth- with made and completed. All tin pi ..f tin- pr< ing -ii-tioiid not in conflict with this section shall I" ble thereto. of wor.ls ''work'' ami "improvement." 1. Thr wor.ls "work" ami "iraprovei ii^i 'i i:; hall include all work mentioned i on.- of this Notices to b( posted wlnn publication cannot he had. 2. In ease there ; ^ no daily or weekly or semi-w< papi rs print, il ami circulated ii aa are herein required to be -nail 1251 STREETS. Act 3927, § 23 be posted and kept posted for the length of time required herein for the publication of the same in a weekly newspaper, in three of the most public places in such city. Proof of the publication or posting of any notice provided for herein shall be made by affidavit of the owner, publisher or clerk of the newspaper or of the poster of the notice. Construction of words "municipality" and "city." 3. The word "municipality" and the word "city" shall be understood and so construed as to include all corporations heretofore organized and now existing, or hereafter organ- ized, for municipal purpose. Construction of terms "street superintendent" and "superin- tendent of streets." 4. The terms "street superintendent" and " superintend- ent of streets," as used in this act. shall be understood and so construed as to include, and are hereby declared to in- clude any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improve- ment thereof, in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all the provisions hereof applicable to the street superintendent or superintendent of streets shall apply to such persons so appointed. Construction of term "city council." 5. The term "city council" is hereby declared to include any body or bo&rd which, under the law, is the legislative department of the government of any city. Construction of terms "clerk" and "city clerk." 6. The terms "clerk" and "city clerk," as used in tin's act, is hereby declar< d to include any person or officer who shall be clerk of said city council. Construction of terms "treasurer" and "city treasurer." 7. The term "treasurer" or "city treasurer," as used ir this act, shall include any person or officer who shall have charge and make payment of the city funds. 8. No 'ions or notice other than Mint provided for in thi* acl ahal! be necessary to givr validity to any proceod- r< and< r. b< fore passage of this act to be con- tinued by resolution of council. 24. The and any work or improvc- •. such i fur in this :i f. already com- ted, and : der any other act now in Force, or by virti j ordinance by any eity • r board of bu] of any city, county, or eity ■ bt r ad now in force, may ich proc< ■ ready commenced and now : tinned under this act by reaolu- il. The said work or improvement lucted under the provisions of this with full for in all t< rom the Bl nf Buch proci indeT such otl >r ordinal aid from which such resolution shall declare an i toon or intention to havi said work or improv< tnent <■■ under such other and continue under this I from Buch election so made, all proceedings ire had under such otln r act or ordinance hereby ratified, corifin . and it shall b( ry to rei londuet over again pi d inga had and r such tfther aet or ordinance. This section ply to any work or Improvement, proceed in which were commenced more than eighteen month* prior to the passage of 1Mb act. Act to be liberally const r Sec. 25. The provisions of this act shall be liberally construed to promote the objects thereof. This act shall 1:i V;,. . ] be in foice from and after its past ACT 3928. An act to provide for the laying out, opining, extending, widening, or str whole or in pari public Bi 8| courts, and - } within municipali the condemnation of prop- erty in for Buch plir; for" the establishment oi itricts and the ; property therein to pay the expene such improvi nu ot. [Approved March . p. 376.] 1253 STREETS. Act 392S, §§ 1-1 The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Whenever the public interest or convenience may require, the city council of any municipality shall have full power and authority to order the laying out, opening, extending, widening, or straightening, in whole or in part, of any public street, square, lane, alley, court, or place within such municipality, and to acquire, by con- demnation, any and all property necessary or conveniei^l for that' purpose. Sec. 2. Before ordering any improvement to be made, which is authorized by section one of this act, the city council shall pass an oidinance declaring its intention to do so, describing the improvement, and the land necessaiy or convenient to be taken therefor, and specifying the boundaries of the district to be benefited by said improve- ment, and to be assessed to pay the expense thereof, and to be known as the assessment district. Sec. 3. The street superintendent .shall thereupon cause to be conspicuously posted along all streets and parts of streets within the assessment district described in said ordinance, at not more than three hundred feet in dis- tance apart, notices (not less than three in all) of the- passage of said ordinance. Said notices shall be headed, "Notice of Public Work," in letters not less than one in ch- in length, shall be in legible characters, and shall state the fact and date of the passage of said ordinance, and briefly describe the improvement proposed, and refer to said ordinance for further particulars. He shall also cause a notice similar in substance to be published for a period of five days, in a daily newspaper published and circulated in said municipality, and designated by said city council for that purpose, or if there is no such daily newspaper, then by four successive insertions in a weekly newspaper so published, circulated, and designated. Sec. 4. Any person interested, objecting to said im- provement, or to the extent of the assessment district described in said ordinance of intention, may file a wri ' protest with the clerk of the city council, within thirtv days after the first publication of the notice required section three of this act. The clerk shall indorse on every such protest the date of its reception by him, and, at the next regular meeting of the city council after the ex- piration of the time for filing protests, shall present to said city council all protests so fileel with him. Tf such protests are against the said improvement, and said city Act S92S, §§ 5, 6 STREETS. 12U council finds that the same are signed by thr owners of a majority of the frontage of the property fronting on streets <>r [.arts of streets within said assessment district, all further p> rg andei ^ai.l ordinance of intention shall be barred, and no new ordinance of intention for the same improvement shall be pawed within six months after the presentation of such pi • the < - i t \- council, un- less tin owners of a majority of the, frontage of the prop- erty fronting .>n streets ..r parts ..t' streets within sai.l I shall in the tman time petition there- for. It' such protests art against the improvement, and the council finds that the] • d by thi owin rs of a majority of the fi \i the property fr ating on streets or parts within th<' assessment district, <.r if su.di protests are only against the extent of the nl district, the couh*cil shall hear said protests at Baid or - r it any time to which the hearing thereof may )><• adjourned, and pass upon the same, and its d ihaH be final b .If Buch prol further proceedings shall be had ondeT said ordinance <>f intention, hut a new ordinance of in- tention for the Barae Impn • ; ' '" ,N time. Tf BUCh pr proceedings shall continue as if su.di protests hid not L. en made. At the D of the tinv within which DTOt he filed, if none are filed. ..r if protests are filed, and after hearing are denied, as al.ovo provided, then opon such denial, the city coun.il shrill acquire jurisdiction to order improvement d( scribed in the ordinance of intention. ">. Having acquired jurisdiction, tl »ouncil, shall, by ordinance, order sai.l improvement t.. be i and direct an a.tion t.. be brought by the city attorney, in the proper superior court, in th< C the municipality, tor the condemnation of the property necessary or con- venient to be takes therefor. Such ordinal not iribe the prop< rty to be tak< n, nor th district, hut may refer to the ordinance of intentio particulars. 6. Said netion must he brought within after the passagt of the • ring tin m.nt, hut tin cuncil may. by ordinance, extend the time for the bringing of BUCh action. S ' shall, in all respects, he subjecl t.. and • by such rules of the < '..de of <'i\ il Procedun i I may he I aft.r adopted, as may b< applicable thei t in tin particulars otherwise provided for in this act. 1255 STREETS. Act 3928, §§ 10 See. 7. The complaint shall set forth, or state the effect of, the ordinance of intention, and the ordinance ordering the improvement, bnt need not set up any other proceed- ings had before the bringing of the action. Said ordinances shall be conclusive evidence, in such action, of the public necessity of the proposed improvement, and also that the same is located in the manner which will be most compati- ble with the greatest public good and the least private injury. Sec. 8. If a jury is waived by the defendants, or any of them, the court must appoint three disinterested persons referees, to ascertain the compensation to be paid to such defendants waiving a jury. Such referees must be resi- dents of the municipality where such improvement is to be made, and over the age of twenty-one years, and must take and file with the court an oath to discharge their duties faithfully and impartially. If any of such referees fails to qualify, or resigns, or is, or becomes, unable to act, the vacancy so created shall be filled by the court. Sec. 9. The referees shall at once proceed to view the lands sought to be condemned, and ascertain the com- pensation proper to be paid to such of the parties interested in each parcel thereof as have waived a jury. They shall have power to examine witnesses under oath, to be ad- ministered by any of them, and may have subpoenas issued by the clerk of the court requiring the attendance of wit- nesses, or the production of evidence before them. They shall, as soon as practicable, make and file with the court a written report of their findings, and also of the number of days spent by them in the matter of such reference, and of their necessary expenses. Any two of such referees who agree thereto, may make such report. Sec. 10. The referees or jury, as the case may be, shall find separately: pi rs t — The value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty, and of each separate estate or interest therein; Second — If any parcel of property sought to be con- demned is only a part of a larger parcel, the damages which will accrue to the portion not sought to be con- demned, and to each separate estate or interest therein, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in Act 392S, §§ 12-15 STREETS. 1JM the manner proposed by the plaintiff. Such damages must be fix. il irrespective of any benefit from such Improvement. tt such report, the court must, on motion of any party, appoint a day for bearing the sami of the time and place <>t' saiil hearing must lo served on all the parties who have answered at least five days before the time appointed. \t said hearing, any the action may appear ami file hifl exceptions, in writi. ■! report, and the same. After hearing the report, and any exceptions thereto, the eourt may confirm tin report, or may modify it ami confirm it Red, <>r may Bet it aside and order a new report, from tli" same referees, or 1'roni mu referees to be ap- • ■ d. If m w ■!, the same pro- as upon ' i d confirmation of tin- report of the referees, and receipt of the Verdict of the jury, the court shad make and enter an interlocutory judgment in accordance with such report and verdict, adjudging that upon pay- ment tn tin reap -. "r into court for their ben< tit, of the several amounts found due them, as com- linn, and of ' I allowed to them, the property involved in tin- action shall b condemned to the use of the plaintiff, and dedicated to tin ified in the • plaint, Tin' court shall allies to the T< I - tfl l>c pa'' j ■< 'it in the matter of the reference, and their m '•• ssa ry expenses. i may be taken from such interlocutory judgment within thirty days from the entry thereof, and any ord ig or den; \ trial within ten try then See. It. The City COUH at any time prior to Che payment of the compensation awarded the defendants, don the proci I he said action to be dismissed, without prejudice; and if any of the i 'I'd tit paj the expense of the improve- rir provided, shall have been actually paid in money at the time of such abandonment, the same shall lie refunded to the persons by whom thy \. paid. 1". Upon the i ntry of tin 1 interlocutory judgm< r.t, th J city council shall order the -ity engiiuir, or if there be no cit\ r, any civil enbinecr whom it may employ for that purpose, to makl and i he street super- 1257 STREETS. Act 3928, § § 16, IT iutendent, a diagram of the improvement and of the prop- erty within the assessment district described in the or- dinance of intention. Said Qiagram shall show the land to be taken for the proposed improvement, and also each separate lot, piece, or parcel of land within the assess- ment district, and the dimensions of each such lot, piece, or parcel of land, and the relative location of the samr> to the proposed improvement. Sec. 16. The street superintendent, upon receiving the said diagram, shall proceed to assess the total expense of the proposed improvement upon and against the lands, including the property of any railroad, within said assess- ment district, except the land to be taken for such im provement, in proportion to the benefits to be received from said improvement. The total expense of the improvement so to be assessed shall include the amounts awarded to the defendants by the interlocutory judgment in the action for condemnation, the compensation and expenses of the referees, as allowed by the court, and all other costs of the plaintiff in such action, the expenses of making the assessment, and all expenses necessarily incurred by said city, in connection with the proposed improvement, for maps, diagrams, plans, surveys, searches and certificates of title to the property to be taken, and all other matters incident thereto. Sec. 17. The street superintendent shall make the said assessment in writing. Such assessment shall describe each lot, piece, or parcel of land assessed for said im- provement, and shall designate each such lot, piece, or parcel of land with an appropriate number. The street superintendent shall also designate each such lot, piece, or parcel of land on said diagram, with the number corre- sponding with the number thereof in said assessment, and said diagram shall thereupon be attached to and be- come and be deemed to be a part of said assessment. Such assessment shall show the total sum to be raised thereby, as hereinbefore provided, and also the items of such total sum, and opposite each lot, piece, or parcel of land assessed, the amount assessed thereon, and the name of the owner thereof, if known to the street superintend- ent; or if the owner's name is unknown, the word "Un- known" shall be written instead of such name. Anj^ error or mistake in the designation of the owner of any lot, piece, or parcel of laud, or in the particulars of his interest therein, shall not affect the validity of the assessment. ;s-:i BET8. Ml pleted the itl th( diagram attach* .1 aforesaid, ■acta filing by pul days in a daily r published and circulated in the city, or if there be i ssi vi insert in a i and circulated * ill require :ill person* interested to Hie with '. their ol ny they bai a, to the con- firm, i, within thirty days after the •tice, which d cli rk of tho council shall tbareapoa 'li- nt tin' :• • firmed by the city council, with his certificate of Bnefa • super- intendent shall thereupon record ent anil ;;nii in hi blc book to be kept tor thai purpose, ami append thereto bis certificate of the date of ■i.l Bucb n cord shall b< roll. From I ich recording nil -hail be ili ' m< 'I to hai ment-roll. [n ' irding, tin ontaim d in • at roll shall conn dvit- ami payable, ami each of such shall In' a lii a ii| i 21. Tin any property assessed, who i- entitled to compensation under tin award made by 1259 STREETS. Act 392S, !j 22 interlocutory judgment, may, at any time after such as- sessment becomes payable, and before the sale of said property for nonpayment thereof, as hereinafter provided, demand of the street superintendent that such assess- ment, or any number of such assessments, be offset against the amount to which he is entitled under said judgment. Thereupon, if said amount is equal to or greater than such assessments, including any penalties and costs due there- on, the assessments shall, be marked "Paid by offset"; and if the said amount is less than the assessments, and any penalties and costs due thereon, the person demanding such offset shall at the same time pay the difference to the street superintendent in money, and the assessments shall, on such payment, be marked paid, the entry show- ing what part thereof is paid by offset and what part in money. In either case, as a condition of the offset, such person must execute to the city and deliver to the street superintendent duplicate receipts for such part of the amount due him under said interlocutory judgment as is offset against such assessments, penalties, and costs. One of said duplicate receipts shall be filed by the street super- intendent in his office, the other shall be filed with the clerk of the superior court, and on such filing, the city shall be entitled to a satisfaction pro tanto of said inter- locutory judgment. Sec. 22. The street superintendent shall, upon the re- cording of said assessment, give notice, by publication for ten days in a daily newspaper, published and circulated in such municipality, or by three successive insertions in a weekly newspaper, so published and circulated, that said assessment has been recorded in his office, and that all sums assessed therein are due and payable immediately, and that the payment of the said sums is to be made to him within thirt'y days after the date of the first publica- tion which date 'shall be stated in the notice. Said notice shall also contain a statement that all assessments not S before he expiration of said thirty days will become ehnquent, and that thereupon five per cen upon the amount of each such assessment will be added thereto. When payment of any assessment is made, the street su- perintendent shall mark opposite such assessment he word, "Paid," the date of payment, and the name • ot the person by or for whom the same is paid, and shall, it so requested, give receipt therefor. On the expiration oj said period of thirty days, all assessments then unpaid shall become delinquent, and the street superintendent shall cer- STREETS. 12G0 nt roll, and mark nt," &ad add five per cent iinquent, ndent shall, within ten j . b< gin the jiiiii- of the di . which list ■ ■i property de- linq gainst ea< ii description, the mi the a^ roll, and the amount of th< Ity, and rusts due, in- 9 shall nu' I • ich lot, [ii< oe, <>r ] of I i ,.i linti adent slml! uad publish with said delinquent I I d< Linqu - i h. r paid, the propi rty ; at pub- u d place • ifled in t : •■! ;• 11 days, municipality, must DOt aftei the expii and the :n, or in froi tli> BtTl • t BU] nt. h delinqui ncy, and prior ::d drlin- o • valty. BJ tin n ofa payment is mad< rat publication of the list of delinq i int< ndent shall th< r< mark si;. ... prorldi .!<•, the street super* int< ■ hour of I enee the rty adv the numerical ord> r of : land until all are sold; provided, that lie ■ .. to day until all the pro] Each lot, piece or p of land - r< d fur salt si pa- rately, and tl who will take the least quantity "t land, and then and tl thi amount id' th< mi nt, penalty, ai Deluding tiie 1261 STREETS. Afct 3928, §£ -''■■ - 7 street superintendent for a certificate of sale, shall become the purchaser. In case there is no purchaser, for any lot, piece or parcel of land so offered for sale, the same shall be struck off to the municipality, as purchaser, and the city council shall appropriate out of the general fund of the treasury, the amount required for such purchase, and shall order the city treasurer to place the same in the special fund for such improvement. No charge shall be made for the certificate of sale when the municipality is the purchaser. Sec. 26. After making the sale, the street superintend- ent must execute, in duplicate, a certificate of sale setting forth a description of the property sold, the name of the owner thereof, as given on the assessment roll, that said property was sold for a delinquent assessment, (specifying the improvement for which the same was made), the amount for which such property was sold, the date of sale, the name of the purchaser, and the time when the pur- chaser will be entitled to a deed. The street superin- tendent must file one copy of such certificate in his office, and deliver the other to the purchaser, or if the munici- pality is the purchaser, to the clerk of the council, who shall file the same in his office. On the filing of the copy of such certificate in the office of the street superintendent, the lien of the assessment shall vest in the purchaser, and is only divested by a redemption of the property, as in this act provided. The street superintendent shall also enter on the assessment roll, opposite the description of each piece of property offered for sale, a description of the part thereof sold, the amount for which the same was sold, the date of the sale, and the name of the pur- chaser. Sec. 27. A redemption of any parcel of property sold for delinquent assessment may be made by any party in in- terest, at any time prior to the execution and delivery of a deed therefor, by paying to the street superintendent the amount for which the property was sold, and in addition thereto, ten per cent thereon if paid within three months from the date of sale; twenty per cent if paid within six months; thirty per cent if paid within nine months; forty per cent if paid within twelve months, or fifty per cent if paid at any time after twelve months. When redemption is made, the street superintendent shall note that fact on the duplicate certificate of sale on file in his office, and deposit the amount paid with the city treasurer, who shalj credit the purchaser named in the certificate of sale with Act ISM. I 3 STREETS 1J61 Mid amount, and inch purcl his r of tlio and jnmcnt thereof, if any. Whrn the municipality is the pi nut'r council of the redemption, and Mi<-li ;>on cancel tin tc of sale on file in nil • any time after the expiration of tv ■ application, if such with the pro* . in whicl I, unless the rutin - - - -'in nt ■ foUD ■ must file with t i the ■ wlii' IKJ STREETS. Act ::a:s, $> assessment shall be made until the purchaser or his as- signee has complied with all tie as of this section, and filed the proper affidavits with the street superinten- dent. Sec. 29. The deed of the street superintendent shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior t<. the execution thereof, and of title in the grantee. Sec. 30. The street superintendent shall, from time to time, pay over to the city treasurer all moneys colh by him on account of a under the pro- visions of this act. The city r shall, on rei thereof, place the same in a special fund, designating such fund by the name of the improvement for which the assess- ment was made. Sec. 31. As soon as there is sufficient money in the hands of the city treasurer, in the special fund devoted to the proposed improvement, to pay the amounts awarded to the defendants by the interlocutory judgment in the action of condemnation, or such p;irts thereof as have not been paid by offset against assessments, as hereinbefore provided, the said amounts shall be paid to the parties en- titled thereto, or into court for their benefit. On satisfactory proof being made to the court of payment of the amounts awarded by the interlocutory judgment to the respective parties entitled thereto, or into court for their benefit, it shall direct the interlocutory judgment to be satisfied, and shall make and enter a final judgment, condemning the lands described in the complaint to the use of the plain- tiff for the purposes specified in such complaint. Sec. 32. In case of a deficiency in the fund for such improvement, the city council, in its discretion, may pro- vide for such deficiency by an appropriation out of the general fund of the treasury, or by ordering a supplemen- tary assessment to be made by the street superintendent upon the property in said assessment district in the s manner and form, and subject to the same procedure as the original assessment, and in the last named case, in or- der to avoid delay, the city council may advance such de- ficiency out of the city treasury and reimburse the trc from the collections under such supplementary assessment. In case of a surplus in the fund for such improvement, tie city council may order such surplus refunded pro rata to the* parties who paid the assessnu nts. Act 3928, §§ ZS-S KTS. 1264 g words and phrases shall, where us. d in tl (1) The terra lea :ill the Improve- t this act. unicipalU "city," include all sties, \i I other corj ;■ municipal purpoai mcil" and "coaneil," include any I in which by ited the legislative pow- lerk" anil "city clerk," indud council. irer," in- ■ i ;•■ and m&ki B pay- ■ 1. nt. ' ' Includi b any per son by law to have the care or • - '.in any city. iperintendent, the cUv - ' »o appoint a suitalde - i •" iperintendent, ■ 1 all the provisions hereof ap- .: , to the r • • kly newspaper publi i in the city, then such notices and di linqui nt li red to !"• published in g • ret "t" the nn«st pub li,. p] of time n quired here- in f • in a w.ekiv ii. wspapt r. • ban that providi d in this to any prqc< i din;:- had th< r. nnd< r. •' of publication of any notice required by this a.t shall I"- made by affidavit, .as provided in the Code dure, and proof of the posting of any such I,,, tic. -liill 1'. made by the affidavit of the person posting forth the fa 1 ing 1 such pos: all in ii, I any officer who is required by this publish* >i or to obtain an I davit or affidavits in : trided that hi- failure so to do shall DO lid ity of any pi - under tto idence ol , b publication or . 1265 STREETS. Act 392», § 1 Sec. 36. This act shall in no wise affect an act entitle:), "An act to provide for laying out, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that pur- pose," approved March 6, 1889, or amendments thereto, or .any other acts on the same subject, or apply to proceedings had thereunder, but it is intended to and does provide an alternate system of proceedings for making the improve- ments provided for by this act; and it shall be within the discretion of the city council of any municipality to proceed in making such improvements, cither under the provisions of this act, or under the provisions of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amend- ments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions con- tained in said acts or any acts in conflict with the pro- visions hereof shall be void and of no effect as to the proceedings commenced under the provisions of this act. The election of the city council to proceed under the pro- visions of this act shall be expressed in its ordinance of intention to order the work done. Sec. 37. The provisions of this act shall be liberally con- strued to promote the objects thereof. This act may be designated and referred to as the "Street Opening Act of 1903," and shall take effect and be in force upon its passage and approval. ACT 3929. An act to provide for local improvements upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities, such act to be known as "The Local Improvement Act of 1901." [Became a law under constitutional provision without governor's approval, February 26, 1901. Stats. 1901, p. 34.] Cal. Rep. Cit. 142. TOO. The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All streets, lanes, alleys, places, or courts in the municipalities of this state, now open or dedicated, or which may hereafter be opened or dedicated to public use, shall be deemed and be held to be open public streets, Gen. Laws— 80 lam ■, for the pur r< by ■ it' s:ti.| Bi the ■I '.villi 'l to I in rein- or eonveni< nc< may . i in I ed or r. ! i>r r> p r r< ^rri . m ft <] <>r ll «nii - turn nr to ur!. r ! ' • •••'• .11 nf • H and i -. with outl< ♦-;, for drain- ■ • ich \v«irk. I ' two f this act, • ; .in rif. ■ I work to I. if ' then ■ • i pnr- ■ ■ til. with nlity the r< port calli d £pi ■ 1. \ the work to be • Inolod ' proc< ding; 1287 STREETS. Act 3929, $ 5 2. A description of the exterior boundaries of the district which will be benefited by the proposed improvement arc! should be specially assessed to pay the cost thereof; 3. Plans, profiles, cross-sections and specifications of the work required in order to accomplish said improve- ment; 4. An estimate of the expense of said improvements, de- ducting therefrom the estimated cost of so much, if any, of said improvements as may be by law required to be done by railroads having tracks upon the streets affected; 5. A map showing the district above referred to, and also the subdivisions of the property within said district, as ascertained by said engineer, each of which subdivisions shall be given upon said map a separate number in red ink; 6. A list referring to the said subdivisions upon said map by the respective red ink numbers thereof, and show- ing the names of the owners, if known, otherwise desig- nating them as unknown, and the valuations of said re- spective subdivisions, as the same appear upon the last assessment roll of said municipality, if they so appear, otherwise as estimated by said engineer, also the dimen- sions, areas, and his estimates of the benefits which the respective parcels will receive from said improvement; 7. An estimate of all incidental expenses likely to be in- curred in connection with the work, such as clerical, en- gineering, inspection, printing and advertising. See. 5. After the report of the engineer provided for in the next preceding section has been filed with the clerk of the municipality, the legislative body of said munici- pality shall consider the same and shall have power, by resolution, to adopt the same as filed by said en ^ineer, or as modified by the legislative body, and levy the as ment accordingly, but the same shall not constitute a lien until all parties interested have had an opportunity to be heard as hereinafter provided; in the same resolution the legislative body shall set forth the following; 1st. The rate of interest to be charged upon deferred payments; 2d. The time to be allowed upon deferred payments; 3d. The rate of interest to be allowed upon bonds issued to cover deferred payments; 1th. The time for which bonds issued to cover deferred payments are to run; Act 3929. §fi 6. 7 i;TS. U» iv :iTii] hour when an.l where any and all .|.p. ai I jhow . if any tiny have, why snid impi provided Cor in Baid res tarried ont ia sccord- anee therewith; Baid I i than thirty nor s:iid r • ion ; 6th. \ tlOB "f I >f tin- .lis- tricl declared by the legislativi ba I by - and !.-|ll 11 « 1 1 ' •, and i: 'ii tin 1 h gislative body shall pro^ id< . i ; that the n "rk tion shall include maintenance I • I oumbi r of id ri solu- • A ft. r the ■ itation mentioned in st.-. tii. n fl , ■ in t h n t- ct' tl pnblie places within the municipality, and w ithin tbi t, at not in.>r.' ths i I feet in ■ • t imi Imp] of n"t ii, :iii«l shall in the and liru fly and r- for t.. the I in any i te within the limits tri.'t thl D tin- said I mi r ilution Bh nut be eam< >\ oat in sha!; tain a .1 the resolution by Bcription t.. be hearing, and 1 circulation, published within the munii f.!inn in which the imj :.. fore tbi i 'ng. \ t thi tiini nam. •! in tin provided for for Baid hearing there shall bi filed 1269 STREETS. Act 3929, §§ Jj-10 legislative body an affidcvit that the notice has been posted as hereinbefore provided for, and an affidavit of the printer r publisher of the newspaper in which said no- tice has been published that the same has been pub- lished as hereinbefore provided for, and the legislative body, before proceeding with said hearing, shall have en- tered upon the minutes of the meeting an order reciting that notice of said hearing has been posted and published according to law, and such recitals shall be conclusive evi- dence of the facts therein recited, and the legislative body shall thereupon proceed with the hearing of any objec- tions which shall have been made in writing and filed with the clerk of the municipality not later than the hour for hearing named in said notice, and no other objections shall be considered. Said hearing may be continued from time to time by the legislative body, and all parties inter- ested shall be deemed to have notice of said continuances. All objections must be in writing, must contain a descrip- tion of the property in which the objector is interested, and set forth the nature of his title thereto or interest therein, and must state the objector's grounds of opposi- tion, and must be signed and verified by the objector him- self, or his attorney in fact, and objections which do not comply with these requirements shall not be considered by the said legislative body. Sec. 8. At the close of the hearing provided for in the preceding section, the legislative body shall pass a reso- lution setting aside, modifying, or confirming the resolu- tion provided for in section five hereof, and where the same is confirmed or modified, the lien of the assessment pro- vided for therein shall immediately become attached to the respective parcels of land in accordance with said confirmed or modified resolution. See. 9. Any action to contest an assessment levied by the legislative body of any municipality under the terms of this act must be commenced within thirty days after the entry upon the minutes of such legislative body of the reso- lution provided for iu the preceding section hereof; and any appeal from a final judgment in such an action must be perfected within thirty days after the entry of such judgment. Sec. 10. After the expiration of thirty days from the passage of the resolution provided for in section eight hereof, the clerk of the municipality shall transmit to the tax collector of the municipality the map and list provided JT70 tively, <'f section i < tt- by the legislative ; i ay actioi been ol i hie r< sulu- tion referred until sii finally d< t< r- mine i|. . II. I tbe man nn': to in thi ■ , t he tax colli ctor property sold afl prorided in t ed withi- tl'i - in the origin al certificate, >>r hi ! of the shall t<(> r, : which ti.. hi* tii> prop* rty, follow ption in I then bed tin rein. At any tim ■ before the expiration of the year w hicb n d< mptioD n any pro] und< r I by the cull- CtOI ;in : i < I < I amonnl l< motion money st,..|] i>. paid tin ir <\< li\ i rin^,' u; the tax 17. The Mid fni under ti inga b< r- in prot voluntary paj lie n Bolt municipal fuii.. ■ 'I by nti r. pro- ptid out only fur pnrj for in ti.is act. provide 'i mad pality ti r the 1' . iui.s not I 1213 STREETS. Act 3929, § 18 amount of the installment agreements taken, as above set forth; the form of such bonds shall be substantially as follows: "LOCAL IMPROVEMENT BOND. '•'District No. . "$ • No. . "Under and by virtue of an act of the legislature of the state of California" (title of this act) "the" (insert the legal title of the municipality) "out of the fund herein- after referred to, will pay to the beaver the sum of $ United States gold coin of the same weight and fineness as that now issued from the mints of the United States of America, with interest thereon, in like gold coin, at the rate of per cent per annum, all as hereinafter speci- fied, and at the office of the treasurer of said munici- pality. "This bond is payable exclusively from street improve- ment fund number " (here insert designation of spe- cial fund, as same is identified on the books of the treasurer of the municipality, as provided in section nineteen of this act), "and neither the municipality nor any officer thereof shall be holden for payment otherwise of its prin- cipal or interest; and installments of prncipal and in- terest accruing hereon shall be payable out of any moneys in said fund at the date of their maturity, in order of pres- entation, and shall be secured by all agreements and liens provided for by this act and arising out of the improve- ment to which said fund relates. The term of this bond is years from its date, and, at the expiration of said time, the whole sum then unpaid shall be elue and pay- able; but on the second day of January of each year after its date, an even annual proportion of its whole amount ia due and payable, upon the presentation of the coupon there- for, until the whole is paid, with all accrued interest, at the rate of per cent per annum. The interest is payable semi-annually, to wit: On the second days of January and July in each year hereafter, upon the presentation of th j coupons therefor, the first of which is for the in' from date to the next second day of , and thereafter the, interest Goupons are for semi-annual interest, except the last, which is for interest from the semi-annual payment next preceding and to the date of the final maturity of this bond. Should default be made in the annual payment upon the principal, or in any payment of interest, the holder of this bond is entitled to " declare the whole uu- Act tea pniil amount I . anil to have all I and said fund and an- tin a enforceal • r< <• paid into th< sai< local im- fund in for 1 in the hands of thr ■ nil , bidder, proceed with the ■ i .1 by his contract, the li'jjis- lative body may i «rorfc and pay the cost of the Bami rotraetor, and 1 to the rel< 1 1 ing, and also hold bin for the Bam< npofi his for an;. I ting from such aban- donn . nt tot any local im- 1 may be made in 1 1 i * - • . except that no pro- rtained upon matter air. ad;. ng, and so on until sufficient money shall ha to pay for su.di local improve- ■. 21. Tf at any time an assessment for any local lap] -MMi thai Mary f..r Bach improvement, the all be refunded warrant on . authorize d by the • the parties by whom it was paid; and, in the ■ nstallmenl shall be erediten on the unpaid installn nning with tb< one due at the l ■ 22. All special assessments levied under U from tl ' as provided in section a lien upon the r< al estate upon which I. paramount to all other liens j, r i,' t d such lien shall until such B] are paid: and all shall have constructive notice of such lien from t fte referred to in at ction :• the majoritj of frontage b - upon any ol the | I 111 proved, th( body may compel the remainder of 1277 STREETS. Act 3929, & 23 said frontage between said crossings to be similarly im- proved without other proceedings than those provided for in this section as follows, to wit: The legislative body shall pass a resolution ordering said work to be done, briefly describing the work and the property in front of which the work is to be done, and fixing a time when objections to the doing of said work will be heard by said legislative body, which said time shall be not less than two weeks nor more than thirty days from the date of the passage of the resolution; at least ten days before the time named in said resolution for said hearing the clerk of the municipality shall mail a copy of said resolution to the person or persons to whom the property in front of which the said work is to be done is assessed upon the last preceding assessment roll of such municipality, at their addresses if known, otherwise addressed to them care of the United States postoffice in the municipality, shall personally serve upon the person or persons in pos- session of the premises, if the same be occupied, and shall post a copy of the same in a conspicuous place upon the said premises, and the certificate of said clerk to the effect that said mailing, posting and service has been done shall be filed with the legislative body and entered upon their minutes, and said entry shall constitute conclusive evidence of the facts stated in said certificate; at the time named in said resolution said legislative body shall meet and consider any objections which may be made to the doing of said work; if there are no objections or if the legislative body overrule the same, the legislative body shall then pass a resolution ordering said work to be done; if within ten days after the passage of the last named resolution satisfactory evidence be not produced to the legislative body that the said work is to be imme- diately done by private contract the legislative body may advertise for bids for such work by such publication or posting as they shall deem necessary and let the work to the lowest responsible bidder, and pay for the same out of the general fund or any other fund available for the purpose; the entire eost of such work together with the expenses incidental to the proceedings therefor shall be charged against the property in front of which the same has been done; the clerk of the municipality shall imme- diately upon the completion and acceptance of the work file an itemized statement of said charge with the recorder of the county in which the municipality is located, and thereupon the said charge shall become a lien upon the property affected, which said lien shall relate back to the Act 3930 STREETS. 1 flat< of the passage of thi - first bove mentioned .*ini] shall be eontinui rty until the in full with Intel - vm per ■'. nt ; and the municipality shall bav< ai to enforce said lien by for. tit and s.ll said property for the satisfaction then B4. This act shall be known as "Tin- LOca] [m- ■■< >'f L90] ' ' and shall • t and be in upon its ipproraL 2.". This act sha'l in no wisp affect an ■ i "An act to pr - work u alleys, courts, places and sidewalks, and for trac- tion municipalities, " approved M ; ,'li'. i n hundn e, or am' nd- . or an act act to provide ■ < ti in • improvement l^ml-i t< at certain as- nents for I reel work and improvement within mnnieipaliti tor the payment "t said s " approvi 'I !'■ ' hun- dred ami ninety-three; or any of aaid act intended provide an altei tor public improvements, and it shall be within ti tionary power of the legislative body of any municipality to pro.'. . ,1 in in a inipi" tho f the prov tlir r aaid act . but whin any proceedings an commenced under this act the pi b amend- ■ shall thereafter apply to all such pro . but anj vision contained in said or any other act lict with provisions hereof -hall be void a* to and proceedings commenced un«l< r the provisions of ACT 3930. An act to provide for work upon Ftrc< t ;. Inn. «. all courts, places, and Bidewalks, and for tb of sewtrs within municipalities. [Approved March is p. l ::.] 7; 1S91, 116. 196. 461. 1S?S. 23; 1901, ^S; 1906, 15; 19u5, 63. Cat Rep. Clt. 69. 486; 73. 7.i; 76. 453; S2, 190; 86. 613; 93. 404; M •;. 308. 97, . 295; 99. 517; 99, 521; 102, 236; 10.1, 406; 102, 417; UK 1279 STREETS. Act 3930, §§12 102, 651; 10S, 54; 103, 55; 103, 60; 103, 66; 103, 7S; 103, 175; 103. 529; 104 4r>S; 105, 16*; 107, 234; 107. 429: 107. 430' 107, 131; 107. 496; 10S. 35; 108, 169; 112, 5'Jl; 115, 22S; 117, 319; 117, 322; 119, 591; 121, 315; 121. 85; 121, 632; 122, 541; 126, 21S; 127, 493; 128, 143; 128, 378; 129, 274; 130, 470; 134, 423; 136, 148; 136, 149; 136, 249; 138, 125; 138, 126; 138, 128; 138, 29; 138. 30; 138, 54; 138, 55; 138, 123; 142, 691; 142, 693; 142. 696; 142, 700; 143, 428; 144, 377, 144, 379; 144. 3S0; 144, 381; 144. 3S2; 145, 180; 145, 261; 145, 583; 145, 584; 146, 356; 146, 377; 146, 452; 146, 637; 146, 723. AMDT 1889. Cal. Rep. Cit. 97, 314; 99, 388; 102, 236; 102, 237; 102, 407; 102, 417; 102. 650; 103, 6*; 103, 66; 103, 529; 105, 249; 107, 234; 111, 29- 114, 154; 117, 319. AMD'T 1S91. Cal. Rep. Cit. 104, 341; 106, 499; 114, 154; 117, 319; 120, 624; 121, 435; 122, 541; 123, 205; 128, 115; 129, 274; 129, BS3, 132, 149'; 132, 151; 134, 250; 135, 663; 136, 373; 146, 637; 1.46, 639. AMD'T 1893. § Cal. Rep. Cit. 102, 417; 102, 423; 106, 15S; 126, 444; 128, 129; 138, 123; 138, 124; 138, 129; 138, 130; 146, 356; 146, 368; 146, 370; 146, 374. See Thomason v. Ruggles, 69 Cai. 465, and Oakland Pav. Co. v. Hilton, Id. 479. The people of the state of California, represented in senate and assembly, do enact as follows: s Part I. Section 1. All streets, lanes, alleys, places, or courts, in the municipalities of this state new open or dedicated, or which may hereafter be opened or dedicated to publii use, shall be deemed and held to be open public streets, lanes, alleys, places, or courts, for the purposes of this act, and the city council of each municipality is hereby empowered to establish and change the grades of said streets, lanes, alleys, places, or courts, and fix the width thereof, and is hereby invested with jurisdiction to order to be done thereon anv of the work mentioned in sec- tion two of this act, under the proceedings hereinafter described. Sec. 2. Whenever the public interest or convenience may require, the city council is hereby authorized and empowered to order the whole, or any portion, either in length or width, of the streets, avenues, lanes, alleys, courts, or places of any such city graded or regraded to the official grade, planked or replankcd, paved or repaved, ma- cadamized or remacadamized, graveled or regraveled, piled or replied, capped or recapped, oiled or reoiled, sewered or re- sewered, and to order sidewalks, manholes, culverts, bridges, cesspools, gutters, tunnels, curbing, and crosswalks to be con- ■".83 I BT8. Btrncted therein, 01 to order breakwaters, levees, or walls of n.ck. or other material, to protect the same from overflow or injury, and to order any other work to be done which shall hole or any portion of - aes, alleys, « placi s and it may ->r.l< r any of tho said w.»rk to be Improved; anf the feel fronting thereon, asking for grading ths same n grade, shall In a condition pr ■ the ordi icfa grad tag to 1" done. [Amendmenl approved February Stats. 1905, p. 1 • iriim- difl lering any work done or Improvement mads, which is aathoi icction two of this act, the council shall pasa a r> solution of Intention bo to '1", an.i deseribii irk, which shall be posted conspicu- ously for two daya i near the chamber door of Baid council, and published bj ertions in one <>r more .laily, Bemi-weekly, ..r weekly newspapers published and circulated in said city, Bnd designated by said council for that purpose. Ti. Buperintendenl -hall there- upon r;i • along the line of saiil contemplated work or improvement, ai oot more than ono bund part, luit nol less than three in all, or when the work t>« be don< upon an entire crossing or ■■. • -. part thereof, in ir.mt of each quar- ter bloek and irregular block liable of the passage of said resolution. Said notice shall I" beat I Btreet Work, ' ' in than inch in l< Dgth, and shall, in legible characti the I f the resolution, its date, l.rii tlv the work or improi i m< i d, and r. i ition fur further particulars. He shall ale a notice, similar in - . to 1" published for in one i»r more dailj ihed and culati .1 in said city, and I or in citi< B \\ hi r< 1 1., r in • it in a si mi -wi i kly or we< kly I lated .and d< signati d. [n < iper publish* d in - - hall b< posti d f"t days on or mar the charaber-il I council, and in two other CO] places in sa 1281 STREETS. Act 3930, § 3 provided. The owners of a majority of the frontage of the property fronting on said proposed work or improve- ment, where the same is for one block or more, may moke a written objection to the same within ten days after the expiration of the time of the publication and posting of said notice, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and such objections so delivered and indorsed shall be a bar for six months to any further proceedings in relation to the doing of said work or mak- ing said improvements, unless the owners of the one- half or more of the frontage, as aforesaid, shall mean- while petition for the same to be done. At any time be- fore the issuance of the assessment roll, all owners of lots or lands liable to assessment therein, who, after the first publication of said resolution of intention, may feel aggrieved, or who may have objections to any of the subsequent proceedings of said council in relation to the performance of the work mentioned in said notice of in- tention, shall file with the clerk a petition of remon- strance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object; such petition or remonstrance shall be passed upon by the said city council, and its decisijn therein shall be final and conclusive. But when the work or improvement proposed to be done is the construction of sewers, manholes, culverts, or cesspools, crosswalks, or sidewalks, curbs and gutter.*, and the objection thereto is signed by the owners of a ma- jority of the frontage liable to be assessed for the ex- pense of said work, as aforesaid, the said city eouncil shall, at its next meeting, fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections, by depositing a notice thereof in the postofVii-c of said city, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified said city council shall hear the objection? urged, and pass upon the same, and its decisions shall be final and conclusive, and the said bar for six months to any further proceedings shall not be applicable thereto. And when not more than two blocks, including street crossings, remain ungraded to the official grade, or other- wise unimproved, in whole or in part, and a block or more on each side upon said street has been so graded or other- wise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unim- Gen. Laws — 81 ft, { 3 8TREET& proved, aaid city eouneil may order any of the work men- i .1 in th • I.. don< - j un- led or animproved part of and s.-ii.i work n ng ]>nrt, oted council - in width 01 ■■■half oi ■ mail or if a partially graded or improx .n.-il may ord( r the r« maindi r impr ••• itbetaading such obj< ■•( ions \ t the expiration of twei • thi time ox s:ii>i publication h\ at the expiration >>f | :iii(i if do wri >ii liv. r froi • or improvemi nt, or ii to b by the own* i .li-i allov 1"T six has not \» > n legally signed bj ■rity ired jurisdiction to'oi loot . ■ which orili r, when made, Bhall be j.ut. panic :is |>r<>\ id( th from such tr s <>r Ian; I in bulk, 1283 STREETS. Act 3030, §§5 the city council may make the expense of such work or im- provement ehargeable upon a district, which the said city council shall, in its resolution of intention, declare to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof. Objections to the extent of the district of lands to be affected or bene- fited by said work or improvement, and to be assessed to pay the costs and expenses thereof, may be made by inter- ested parties, in writing, within ten days after the expira- tion of the time of the publication of the notice of the passage of the resolnt-'on of intention. The city clerk shall lay said objections before the city council, which shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice of said city, postage prepaid, ad- dressed to each objector. At the time specified the city coun- cil shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. If the objec- tions are sustained, all proceedings shall be stopped; but pro- ceedings may be immediately again commenced by giving the notice of intention to do the said work or make said improve- ments. If the objections are overruled by the city council, the proceedings shall continue the same as if such objections had not been made.- | Amendment approved March 6, 1905, Stats. 1905, p. 63; in effect in 60 -days.] Sec. 4. The owners of a majority in frontage of lots and lands fronting on any street, avenue, lane, alley, place, or court, or of lots or lands liable to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the city council to order any of the work mentioned in this act to be done, and the city council may order the work mentioned in said petition to be done, after notice of its intention so to do has been posted and published as provided in section three of this act. [Amend- ment approved March 31, 1891. Stats. 1891, p. 199.] Sec. 5. Before the awarding of any contract by the city council for doing any work authorized by this act, the city council shall cause notice, with specifications, to be posted conspicuously for five days on or near the council chamber door of said council, inviting scaled proposals or bids for doing the work ordered, and shall also cause notice of said work inviting said proposal, and referring to the specifica- 9, 5 5 STREETS. ITW tinns posted or on file, to be published for I w» days in a daily, so nii-wi ekly, or weeklj er published and circulate d in Baid city, designated by the council for thai purpose, and in c is mi newspaper published in said city, then it shall onl] iii reinbefore provided. All proposals or bids offered shall bo accompanied by a check payable to tho order of the mayor of the city, certified by a responsible bank, for an amount which shall not bo loss than ten per if the proposal, or by a bond for the i amount and so payable, signed by the bidder and by two Bureties, who shall justify, before any officer competent to administer an oath, in double the said amount-, and ovrr and above all statutory ■ xemptions. Baid proposals or bids shall be delivered to tho clerk of the Baid city council, and said council shall, in o] in, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by said check or bond sat- isfactory to the council. Tin city council may reject any and all proposals or bids Bhould it deem this for tin- public o the bid of any party who has been delinquent I unfaithful in any former contracl with tho municipality, shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award tlit 1 contract for said work or improvement to tho low- Ider at the prices named in his bid, whieh rd shall bo ap r "\ ' d by the mayor or a t hreo-fonrths vote of the city moil. Tf not approved by him, or a three- fourths vote of the city council, without further proceedings, the city council may n adv. rtise for proposals or bids for the performance of the work as in the first instance, and thereafter pn d in the manner in this section provided, and shall thereupon return to the proper parties tho respec- tive checks and bonds corresponding to the bid so rejected. Bui tli- ■ ompanying Buch accepted proposals or bids shall be held by Jie city clerk of said city until the contract for doing said work, as hei provided, lias been en- tered into, either by said lowest bidder or by the owner- of three-fourths pari of the frontage, when upon said certified check shall be returned to said bidder. But if said bidder fails, neglects or refuses to enter into the contrad to per- form said work or improvement, as hereinafter prov-i then the < i k a. mpanying his bid and the amount therein mentioned, shall be declared to be forfeited to city, and shall be collected by it and paid into its fund for repairs of stro( ts; and any bond forfei itea, 1285 STREETS. Act 3930, § a and the amount due thereon collected and paid into said fund. Notice of such awards of contracts shall be posted for five days, in the same manner as hereinbefore provided for the posting of proposals for said work, and shall be pub- lished for two days in a daily newspaper published and cir- culated in said city and designated by said city council, or in cities where there is no daily newspaper, by one insertion in a semi-weekly or weekly newspaper so published, circu- lated and designated; provided, however, that in case there is no newspaper printed or published in any such city, then such_ notice of award shall only be kept posted as hereinbe- fore provided. The owners of three-fourths of the frontage of lots and lands upon the street whereon said work is to be done, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may, within ten days after the first posting and publication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten 'days, or to commence the work within fifteen days after the first posting and pub- lication of said award, and to prosecute the same with dili- gence to completion, it shall be the duty of the superintend- ent of streets to enter into a contract with the original bid- der to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or refuses, for fifteen days after the first posting and publication of the notice of award, to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and award the contract for said work to the then lowest regular bidder. The bids of all persons and the election of all own- ers, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bidding or elec- tion subsequent to the first for the same work. If the owner or contractor, who may have taken any contract, do not com- plete! the same within the time limited in the contract, or within such further time as the city council may give them, the superintendent of streets shall report such delinquency to the city council which may relet the unfinished portion of said work, after pursuing the formalities prescribed herein- before for the letting of the whole in the first instance. All contractors, contracting owners included, shall, at the time Act 3930, § 6 US« of executing any contract for street work, execute a bond to the - n and approval of the superintendent of streets of said city, with two or more sureties and payable to such city, in such sums as the mayor shall deem adequate, [itioned for the faithful performance of the contract; and the sureties shall justify before any person competent to administer an oath, in double the amount mentioned in said bond, over and Bbove all statutory exemptions. Before being entitled to a contract, the bidder to whom the award was made, or the owners who h:i\ the contract, must advance to the superintendent of str for payment by him, the cost ot' publication of the notices, resolutions, orders, or other inc tera required under thi 1 in tin's act, and buco other notices as may b : requisite by the city couneil. And in case the work is abandoned by th« city before the letting of the contract, the incidental ex- penses incum h abandonment shall he paid out of tin eity treasury. ! Intendment approved March 31, L89L Stats. L891, p. 199.] Sec. 6. The superintendent of stn ets is hereby author- ized, in his official capacity, to make all written contracts, and receive all bonds authorized by this act, and to do any other act, either express or implied, that pertains r o the street department under thifi U fix the tor the comuv q< which shall not 1" i than fifteen days from the> date of the contract, and for the completion of the work under all contracts entered into by him, which work shall be prosecuted with dili^ from day to day thereafter to completion, and he ■ ad the time so fixed from time to time, under I tion of the eity council. The work provided for in set two of this act must, in all e under tl tion and to the satisfaction of the superintendent of stn and the materials used shall comply with the specifications and be to the satisfaction of said superintendent of str and all - made therefor must contain a provision to that effect, and also expr< that, in no ept where it is otherwise provided in this act. will the city, or any officer tion of. for any portion of the expense, nor for any delinquency of persons or pro assessed. The city council may, by ordinance, prescribe general rubs directing the su] streets and Contractor as to the materials to "lie used, .and the mode of executing the work, under all contracts there- alter made. The assessment and appointment ol tke 1287 STREETS. Act 3930, §§ 6V4, 7 expenses of all such work or improvement shall be made by the superintendent of streets in the mode herein pro- vided. Sec. 6%. Every contractor, person, company, or cor- poration, including contracting owners, to whom is award- ed any contract for street work under this act, shall, before executing the said contract, file with the superin- tendent of streets a good and sufficient bond, approved by the mayor, in a sum not less than one-half of the total amount payable by the terms of said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who per- form labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any materialmen, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improve- ment, whose claim has not been paid by the said con- tractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part then of, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corpora- tion, filing the same or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. [New section approved February 21, 1899. Stats. 1899, p. 23.] Sec. 7. Subdivision One — The expenses incurred for any work authorized by this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, nor include work which shall have been declared in the , J 7 STREETS. liCS ition of intention to be assessed on a district bene- fitted) shall '. lota and lands fronting then 3 hereinafter specifically provided; each lot or portion of a lot being separately I, in pro- portion to 1 . a1 :i rate per front foot sufficient to cover the I ase of the work. Two — T! of all improvements, ex- as are done by contractors nnder the provision! \ until th( av. inics, -. oi BOturta are finally on twenty of this act, shall be pon the lots and lands, as provided In this r. and character of the work; and after such ,; all the thereafter done thereon shall be paid by said city out of t> 'inn nt fund. Subdivision Three — Thi of the work done on main ati shall be assessed at a uniform r.-.te pax the quarter blocks and irregular bl adjoining and cornering upon the eroi ad se pa- ly n p 0n t f each lot or portion of a lot having any frontage In the said blocks fronting on said main the next i '. and all thl . ., adary line of the city where no B intervenes, but only according to its kid quarter bl I irregular blocks. Where a main street tenninat< - Of the work doni ],.,!; jtreet opposite the termini ,bal] upon the lots in each of the two qui and cornering on I tll , lots on said mar the ... r half of tli. width of said sti iting on the I of th< such t. rminat ion. W'h. re any alley or subdii all work don< ot portions ],.,]; | alley or subdivision street to the n. xt 1289 STREETS. Act 3930. § 1 crossing or intersection, or to the end of such alley or sub- division street, if it does not meet another. Subdivision Six— The expense of work done on alley or subdivision street crossings shall be assessed upon the Iocs fronting upon such alky or subdivision streets on each side thereof, in all directions, half way to the next street, place or court, on either side, respectively, or to the en.? of such alley or subdivision street, if it does not meet an- other. Subdivision Seven — Where a subdivision street, avenue, lane, alley, place, or court terminates in another street, avenue, lane, alley, place, or court, the expense of the work done on one-half of the width of the subdivision street avenue, lane, alley, place, or court opposite the termina- tion, shall be assessed upon the lot or lots fronting on such subdivision street, or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half way on each side, respectively, to the next street. avenue, lane, alley, court, or place, or to the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one-half of the width upon the lots fronting such termination. Subdivision Eight — Where any work mentioned in this act (manholes, cesspoles, culverts, cross-walks, piling, and capping excepted) is done on either or both sides of tho center line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total exp« - - of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the wock so ordered. And when sewering or resewering is ordered to be done under the sidewalk on only one side of a street for any length thereof, the assessment for its expenses shall be made only upon the lots and lauds fronting nearest upon that side, and for intervening in- tersections only upon the two quarter blocks adjoin i eornering upon that side. J 7 STREETS. I 290 Bul hllO- dr- d the laws of this 8 ed " An . ide • rnment of tli approved April twenty-nintl nth hundred and fifty- \pril nineteenth, i hundred and fifty i the provisions of I >n; but the property In rein mi shall be sub- for work niil. r t !i • idii. -It shall be lawful t ,\ n. r or ■ ]<• width and which hav< the city at his or their own expense (after ining p< - ■ , il so to do, but ■ olution of intention t'> r gra ling any trading apon full width, or l'ii. th< and ' . and thi reupon to pro- his nr t in- i r from the eity ting forth the number of on I I filling made by aim or them in sai.l grad and the ] >r< • ; each owner and t hat the to the I width and sai.l : to tin ,i't. r to I •i certil • rint. ii. N nt shall record in a book r that purpose in I indexed. Whem vir tl -i.. eity council oi t, or any portion thereof, on which any gra has been done, th< bida and con- tra. • Epresa the price by the cubic yard for cutting and fiUing in and the sai.l owner <>r owners, an.i his or their , shall, be entitled to credit, "ii chi ent upon his or their lots and lands fronting on - ta for the grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their said certificate, at the prices named in th trad for said cutting and tilling; or, if the gradt DO while has been duly altered, only for so mueh of said 1291 STREETS. Act 3930, § 7 certified work as would be required for grading to the altered grade; provided, however, that such owner or owners shall not be entitled to such credit as may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportionately asses, d, for the whole of said grading; and the superintendent of streets shall include in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certifi- cates so recorded in his office, or for the whole of said grading to the duly altered grade so much of said certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as pay- ments upon the amounts assessed against the lots and lands owned, respectively, by said certified owners and their successors in interest; provided, however, that he shall not so include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their successors in interest. Whenever any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do, any work (except grading) on such street, in front of any block, at his or their own expense, and the city council shall subsequently order any work to be done of the same class in front of the same block, . said work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision eleven of this section of this act; provide d, that the work so done at the expense of such owner or owners, shall be upon the official grade, and in condition satisfactory to the street superintendent at the time said order is passed. Subdivision Eleven — The city council may include in one resolution of intention and order any of the different kinds of work mentioned in this act, and it may except there- from any of said work already done upon the street to the official grade. The lots and portions of lots fronting upon said excepted work already done shall not be included in 0, j7 ■ - the - » Mas ii..» be • grading >n of it inipi : "'t, the ■ il iball 'lir> vt tl pan work ■ n of in 1 1 n- Buch ■ .if land, ■ within the limit - .1 diagram shall I by tl. rh ■ball, ut ti.. certify i -hull tlll- : upon ti ■ : .ll SUOU lot, p 8 l i:l U ■ lands in laid amount ag shall ai total sum npon to par a of land io Bted tl" i iraati d 1 rceivcd by • land. i 1 in tin four. app] led for in this 1233 Act 3930, §§ 8, H subdivision. [Amendment approved March 31, 1891. IStats. 1891, p. 201.] Sec. 8. After the contractor of any street work lias fulfilled his contract to tin- satisfaction of the street super- intendent of said city, or city council on appeal, the s superintendent shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental exp< uses), in conformity with the provisions of the preceding section according to the character of the work done; or, if any direction and de- cision be given by said council on appeal, then in con- formity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, if the assessment be made per front foot, the amount of each assessment, the name of the owner of each lot,' or portion of a lot (if knowu to the street superintendent); if unknown the word "Unknown" shall be written opposite the number of the lot, and the amount assessed thereon, the number of each lot or por- tion or portions of a lot assessed, and shall have attached thereto a diagram exhibiting each street or street crossing, lane, alley, place, or court, on which any work has been done, and showing the relative location of each district, lot, or portion of iot to the work done, numbered to cor- respond with the numbers in the assessments, and showing the number of feet fronting, or number of lots assessed, for said work contracted for and performed. [Amendment approved March 14, 1889. tttats. 1889, p. 166.] Sec. 9. To said assessment shall be attached a war- rant, which shall be signed by the superintendent of streets, and countersigned by the mayor of said city. The said warrant shall be substantially in the following form; Form of the Warrant. By virtue hereof, 1 (name of the superintendent of streets), of the city of , county of (or city and county of ), and state of California, by virtue Act 3930, 5 9 STREETS 1»4 of tli< authority vested in mo as said superintendent odE do authorize and empower (name of fcdtitractWr), (his or their) ag< nts oi lemand and receive the - njiim ti iiit nil . 1 diagram here- to attached! and this shall be (hia or tbiir) warrant for im<\ (Date.) (name of superintendent of streets.) Countt rsigm <1 by (name of inayur.) Said warrant, asBcesmcntj .-mil diagram, togethei with the certificate of the city ei bail i" recorded in the ofli.-c i.f said superintendent "t Winn so re- eorded, the several amounts i shall be a lien upon tin- lands, lets, or poi pectiveljj for tin |n rind iif tWO years from ti I said record- anleas sooner discharged; and from and after the date y warrai . diagrsm ami e, all persona mentioned in section eleven "i tins of the '-'intents of the At'ti r said wan tnt, assessment, diagram, and oertifieate are recorded, the i ihaU be delivered to tin* eontraetor, or Ins ag( st, or a demand, but not until after the payment to the said superintendent of f tin im-idi ntal expenses not previously paid by tin contractor, or tnd by virtus "t warrant said Contractor, or his agent or shall be authorised t.i demand and receiv* the amount of the era! over the sum due for the \\.>rk ified in Buob contracts and r it Shall appear by an\ final judgment Oi any euiirt of this slate that any Buit brought to thi liin of any sum of i' work done under tin provisions of this act has bees 1 by reason Of any defect, error, informality, omis- si.m, irregularity, or illegality ii to In in.ii' ami issued, ur in tin record or in the return tin r- oi made !■> "i . rin- tendent I then in may, at any time within thre. months alter th( rntrj dual Judgment, apply to said superintendent 12^5 __ STREETS. Act 3930, § 10 issued the same, or to any superintendent of streets in office at the time of said application, for another assess- ment to be issued in conformity to law; and said superin- tendent shall, within fifteen days after the date of said application, make and deliver to said applicant a new assessment, diagram, and warrant in accordance with law; and the acting mayor shall countersign the same as now provided by law, which assessment shall be a lien for the period of two years from the date of said assess- ment, and be enforced as provided in section seven of this act. [Amendment approved March 31, 1S91. Stats. 1891, p. 205.] Sec. 10. The contractor, or his assigns, or some person in his or their behalf, shall e-all upon the persons assessed, or their agents, if they can conveniently be founel, and demand payment of the amount assessed to each. If any payment be made the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment in pre since of the person making such payment, and shall also give a separate receipt if demand- ed. Whenever the person so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "Unknown" on the assess- ment, then the said contractor, or his assigns, or some person in his or their behalf, shall publicly demand pay- ment on the premises assessed. The warrant shall be returned to the superintendent of streets within thirty days after its date, "with a return inelorsed thereon, signed by the contractor, or his assigns, or some person in his or their behaif, verified upon oath, stating the nature and character of the demand, and whether any of the assess- ments remain unpaid, in whole or in part, and the amount thereof. Thereupon the superintendent of streets shall re- cord the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length in a book to be kept for that purpose in his office, and shall sign the record. The said superintendent of streets is authorised at any time to receive the amount 5 11 UN • Itic npon any Warrant issued by him, and providi d, thai n<> Bnch arcade after suit ! com- nien of the plaintiff in the action, Bhal' !-ir,'i of tlio Ii<'n until tho ill he refunded to the plaintiff; and tb< book* -f liis of- fice, mi of the amount of (Ik- an rod iction to • of tho party or 1 - f.> whom the •ntraetor 'lie time nn<] in I in thi • ■ • shall thenceforth hav ■■■■!• .1. how- ■ of such ■ v. Iii.'ti :\ return may be of the and war- tnaii - ihall r annum until paid. 11. T!i. •iniin! in the assessment ■ r persona - in this act, or in any act or d ruination in relation tl ta not been porf. ir 1 anil .substantial man- Hon to or !■ i other act, detcrminal .11. with- in thirty warrant, appeal to tho .1 in this Bection, by I tint: their J, and. filing 1 with the clert iL Nol ie< of the the hi ar g to thr worl . and to • ma- shall bed tor five d n such ap] i al, th< 1297 STREETS. Act 3930, 5 12 council may remedy and correct any error or informality in the proceedings, and revise and correct any of the act3 or determinations of the superintendent of streets relative to said work; may confirm, amend, set aside, alter, modify, or correct the assessment in such manner as to them shall seem just, and require the work to be completed according to the directions of the city council; and may instruct and direct the superintendent of streets to correct the warrant, assessment, or diagram in any particular, or to make and issue a new warrant, assessment, and diagram, to con- form to the decisions of said city council in relation thereto, at their option. All the decisions and determinations of said city council, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities, and irregularities which said city council light have remedied and avoided; and no assessment shall )e held invalid, except upon appeal to the city council, as provided in this section, for any error, informality, or other defect in any of the proceedings prior to the assessment, or in the assessment itself, where notice of the intention of the city council to order the work to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution or- dering the work to be done. Sec. 12. At any time after the period of thirty-five days from the day of the date of the warrants, as herein pro- vided, or if an appeal is taken to the city council, as pro- vided in section eleven of this act, at any time after five days from the decision of said council, or after the return of the warrant or assessment, after the same may have been corrected, altered, or modified, as provided in said section eleven (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or por- tions of lots, assessed on the day of the date of the record- ing of the warrant, assessment, and diagram, or any day thereafter during the continuance of the lien of said asscss- Gen. Laws— 82 Act 3930. § 12 STREETS. U» ■ nt rrmai unpaid, with thereon :it the rat. ..r ten per tent |m r annum until | i in all eases of recover; under the ■ t, the plaintiff Bhal] r. sum of fifteen dollars, in addition to ti cost 90 »ttO] ,, |||„,., <-,\,\ ri gOV, r y rough t, nft( r a personal demand • it so de- led, the plaintiff shall ■ titled to have and re- 11 i|"llar< as at ton -. in addi- tion to ::!! t.i • inding that the suit may • ■v. ry in • .1 !.' may ha • r. Suit may be 1 twit hin I is,|i,-ti.in tlif city is in which -aid work hag In rii .|on,, aii. I 111 • lottl, portions of . ,\ i! h due diligt In ; a actions may lie hail in such , in t be cod< .s and la^i this stat.. The said wairant, and . with the affldavil non-payment, shall in- held prima 1 the reg larity and cori' •! the prior pr ami ami city OOunejl upon v. I tb( plaintiff ' cover in tin action. 1 in which I shall be ■ all hav- li' n prei to lie sol, I ,■• I the sai nd "M ap| . al. the ap] ■ il '" , vi Bted with th, same p . on the court. ich an ap 1m q o-l.i r case -. In all pi nding, ■ t in conflid wil , .11 1.. liberally imendmenl ap- 1299 STREETS. Act 3930, §§ 12%, 13 Sec. 12%. The city council, instead of waiting until the completion of the ifnprovemtnt, may, in its discretion, and not otherwise, upon the completion of two blocks or more of any improvement, order the street superintendent to make an assessment for the proportionate amount of contract completed, and thereupon proceedings and rights of collection of such proportionate amount shall be had as in sections eight, nine, ten, eleven, and twelve of the act of which this is amendatory is provided. [New section approved March 14, 1889. Stats. 1889, p. 169. J Sec. 13. When any portion of any street, aver; vie, lane, alley, court, or place in said city improved, or any side- walk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, it shall be the duty of said superintendent of streets to require, by notice in writing, to be delivered to them or their agents person- ally, or left on the premises, the owners or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court, or place, or of said portiou of said sidewalks so out of repair or neeeling reconstruction as aforesaid, to repair or reconstruct, or to do both, forth- with, said portion of said street, avenue, lane, alley, court, or place, to the center line of said street in front of the property of which he is the owner, or tenant, or occu- pant; and said superintendent of streets shall particularly specify in said notice what work is required to be done, and how the same is to be done, and what material shall be used in said repairs, or reconstructions, or both. If said repairs, or reconstructions, or both, be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to comple- tion, the said superintendent of streets may, under au- thority from said city council, make such repairs, recon- struction, or both, or enter into a contract with any suitable person, at the expense of the owner, tenant, or occupant, after the specification for the doing of said work shall have been conspicuously posted by him iu his office for two days, inviting bids for the doing of said work, which bids shall be delivered to him at his office on or before the sec- ond day of said posting, and opened by him on the next day 1, 15 STR: 1300 ration of ; n^, anil I In- by bim 1 d to tin lowi -t biddi r. if bid, in the judgmei I ierint< n- ili ni , xh.-ill b< n i • pre- of the contract to Hie Inspection of :tl! ■ trad ') bo commenced Within twenty- four hour and with, nit delay to the rintendent. 13 ... B( ,, r laid. t,> t I il. 1 i v r t'i said | . i that thi are reasonabli and just, :1ml that he, laid superintendent, 1 approved hfareh 14, ii If th( of tho -. materia] for such Impi the coini'l' n nr draii pur] r or through any I or for Bucb purpost s, wil ' ■ ■ rln work <>r imf -r ! in thi- Bhall be tten or any ■ mneil may, in :iric| ,. .mi In d, ami plan . and <'li ai . sliall pr i i ingi ut fund and in i funds provid< d, "lit nt • and building, ra; but win u- ■ i and let out by and lir.M in- Btax tuneil may. in ■ r. by resolution, thai paid <>ut led for from li pari I and Bhall [■roviiii d. [A ■ I Part U. ■t rer, then 1 1305 STREETS. Act 3030, §§ :'i. 2« cretion, determine to construct said sewer, and assess the cost and expenses thereof upon the property to be affect- ed or benefited thereby, in such manner and within such assessment district as it shall prescribe, and the lien there- for upon said property shall be the same as is provided in section nine of this act, or said council may determine to construct said sewer and pay therefor out of the street contingent fund. Sec. 28. If, at any time, the city council shall deem it necessary to incur any indebtedness for the construction of sewers, in excess of the money in the street contingent fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred, feuch notice shall specify the amount of indebtedness _proposed to be incurred, the route and general character of the sewer, or sewers to be constructed, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund as hereinafter provided. Such notice shall be pub- lished for at least three weeks in some newspaper published in such city, and no other question or matter shall be sub- mitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appear that not less thnn two thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebt- edness, it shall be t,he duty of the city council to pass an ordinance providing for the mode of creating such indebted- ness, and of paying the same; and in such ordinance pro- vision shall be made for the levy and collection of an an- nual tax upon all the real and personal property subject to taxation, within such city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council in each year thereafter, at the time when other taxes are levied, to levy a tax sufficient for such in addition to the taxes authorized to be levied for city pur- poses. Such tax, when collected, shall be kept in the treas- ury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness. Sec. 29. If bonds are issued under the provisions of the last section, said bonds shall be in sums of not less than one hundred dollars nor more than one thousand dollars, shnV r of tlir - Jot • •! by the to be lis-i' innmn. -h-ill. timi day and hour hit i<«n ti> be I lull. n - ■ I by t i ■ Ider, bat :• art leet than ■ II. fun t which th. I • t n or by I vid< d, ti il shall . nt\ days in at 1< [li tl :1 n hich th' s< wi r is I .in 1 1307 STREETS. Act 3030, § 3) one in the city and county of San Francisco, for sealed proposals for constructing aa id S( we r. The work may be let in sections, and must be awarded to the lowest respon- sible bidder, the council having the right to reject any and all bids. The work shall be done and the materials fur- nished under the supervision and to the satisfaction of th.3 superintendent of streets and the city engineer. Part III. _ Sec. 34. First — The city engineer, or where there ia no city engineer, the county, or city and county surveyor, shall be the proper officer to do the surveying and other engi- neering work necessary to be done under this act, and to survey and measure the work to be done under contracts for grading and macadamizing streets, and to estimate the costs and- expenses thereof; and every certificate signed by him in his official character shall be prima facie evidence in all courts in this state of the truth of its contents. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. In all those cities where there is no city engineer, the city council thereof is hereby authorized and empowerd to ap- point a suitable person to discharge the duties herein laid, down as those of city engineer, and all the provisions here- of applicable to the city engineer shall apply to such per- son so appointed. Said city council is hereby empowered to fix his compensation for such services. Seeond — The words "work," "improve, -*' "improved" and "improvement," as used in this act, shall include all work mentioned in this act, and also the construction, re- construction and repairs of all or any portion of said work. Third — The term "incidental expenses," as used in this act, shall include the compensation of the city engineer for work done by him; also the cost of printing and advertis ing as provided in this act, and not otherwise; also, the compensation of the person appointed by the superintend- dent of streets to take charge of and superintend any of the work mentioned in section thirty-five of this act. All demands for incidental expenses mentioned in this subdi- vision shall be presented to the street superintendent by itemized bill, duly verified by oath of the demandant. Fourth — The notices, resolutions, orders or other mat- ter required u> be published by the provisions of this act, and of the act of which this is amendatory, shall be pub- } 34 STR' "°* ! in a daily • - •■ . ' ■ r< such there is, and v . . „, ■mi-wcokly or • mch the publicationa In nin • r. that only in case there ■ • r printed or circulated in solutions, quired to b< pub- '■ in a i ;iiul kc; • for quin d h< r. in for the publ ; v or wet kly - in such ■ • I • provided pub- r or flei of the the • .an that providi I . ry tn give validity to any ■ • : ad i he w ■ -r.l "eil i M • 'l to Include, all aorptcm* tiom _r, and I li' r< 1 in thia . and include pavt '•■_•. of iron, wood or otl.ir ma* not, which the eity eouneil shall d in this act, shall ■ I to, and is -. . - • and i " main lallj It ; t he nr irp f ill mean I 1>\ mail or partially by a • - -ill be under- I ■ d :in li< r< 1. t is, undi In all tl. inti adt nt or 1209 STREETS. Act 3930, § 35 of streets, the city council thereof is hereby authorized an I empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all provisions hereof appli- cable to the street superintendent or superintendent of streets shall apply to such so appointed. Ninth — The term "city council" is hereby declared to include anybody or board which, under the law, is the legislative department of the government of any city. Tenth — In municipalities in which there is no m then the duties impos* d upon said officer by the provisions of this act shall be jjerfornv d by the president of the board of trustees, or other chief executive officer of the munici- pality. Eleventh — The term "clerk" and "city clerk" as used in this act, is hereby declared to include any person or officer who shall be clerk of the said city council. Twelfth — The term "quarter block," as used in this act as to irregular blocks, shall be deemed to include all lots or portions of lots having any frontage on either inter- secting street half way from such intersection to the next main street, or, when no main street intervenes, all the way to a boundary line of the city. Thirteenth — The term "one year," as used in this act. shall be deemed to include the time beginning with January first and ending with the thirty-first day of December of the same year. Fourteenth — Eeferences in certain sections, by number, to certain other sections of "this act" refer to the num ber of the sections of the original act, as heretofore amend- ed, unless it appears from the context that the reference id to the section of this amendatory act, when it shall be construed according to the "context. [Amendment approved March 31, 1891. Stats. 1891, p. 200.] Sec. 35. The superintendent of streets in all cities hav- ing a population of fifty thousand or over shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and im- provement of each and every sewer constructed or im- proved under the provisions of this act, and of piling and capping, sidewalks, or of the paving of whatever char- acter heretofore mentioned, in whole or in part, of one block or more, whose duty it shall be to see that the con- tract made for the doing of said work is strictly fulfilled IMO in i i.part nr«- therefrom to mp< rintendent Bueb d for liis time actually < mploy< 1 in of his duti< s' such eompene shall 1>. • .1 four d t .l:iv. The Mm i.i.'li bhe party m employed sin titled shall be within the meaning Mt. [Amendment ap ; March ' entitled "An :..'t to provide for ths improvement of ^tr.-, lanes, all. \ and rs within munici I :i I i • n bj repealed; provided, thai any wort or pi ! ;.nor t.i thl ! 1 in nil i i oder laid ac I hundred and . i (_: i said r Bball tal 'i.l 1..- in fnr.T Imn and nil acta and part* inflict « hereby repealed; and pro- ■ r. t hat any work or ■ il commenced urn «f n hich | • nda tor] Bball in now d thereby, bat shall in all i" finished and completed thereunder. [Amend- I approved March 11, ] p. 178.] The city eounci] is hereby empowered to change '»r modify lane, Bill y, plac grade or r. pave I he Bam< inform to Buch modified grade, in the mannei 1 1 1 .- 1 tt.«r provided. Bef< (]i ml the city council shall pass an ordinance ition of intention to make Buch changi <>r modification of grade, and it shall havi power al i time and in th< - ordinance nr resolution tn provide tor the actual cost of performing the work <>f regrading, r< walking, or curbing of said street > b ■ • and file rib* - tiii dam- ting I and i a\vs— 83 Act 3«0. § 4i STRI OH Is and H fl rr : ' • DSted or on die, t" be publish* d I wo d or weekly n< city, and mncil foT (hat pUT] and in i | in the tin n it ^liall be posl three of the g nril act to w'li.-li tl AH pro] off* red eh all 1 rder of t hi ■ than t< n per t by ■ ill just ity und< r '>:ii I. in >l all statu! •ir Ih'.I* slinil be d< li\ r< 1 to th< i»oun<*il sii.-iii in i inr- and nnbliely that no nr hi advertise for i • ■ill tin ri proc< 'il in tli' >i'!' rl. All cl rk until the certil Forfeited 1 and shal '■ :i11 bon nt.i such fund. N : be pul iiiainii r as hereinbi fore pro\ id< ud work. | Ann n, Inn nt a] P- ;,1 -J After council I the coat of I land l\ ing w ithin tin 1315 STREKTS. Act 3930, §§ 48, 49 the same so that each lot will be assessed for its propor- tion of the same. a< Tiling to the benefits it receives from the work, and in the same manner in which the damages caused by the change of grade were assessed upon the same. Such commissioners, in making such assessment, shall show the total amount for which each lot or tract is assessed, in excess of all benefits, for the total cost of changing and modifying the grade of the street, as well as the regrading, repaying, s< w< ring, sidewalking, and curb- ing of the same, and costs or damages connected therewith. The provisions of the act to winch this is amendatory in r< gard to the mode or manner of the assessment of the cost of such work shall not apply to the work herein con- templated; neither shall the provisions of the same in re- gard to the issuing of bonds to represent the cost of the same, nor the provisions in regard to the right of protest against the work. [Amendment approved March 9, 1893. Stats. 1893, p. 92.] Sec. 48. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat, as finally confirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll, the cost of which shall be provided for by the commissioners, as a portion of the cost of the proceedings therein. Immediately upon receipt thereof by the street superintendent, the assessment there- in contained shall become due and payable, and shall be a lien upon all the property contained or described therein. [Amendment approved March 9, 1893. Stats. 1S93, p. 93. J Sec. 49. The superintendent of streets shall thereupon give notice, by publication for ten days in one or more daily newspapers published and circulated in said city, or city and county, or two successive insertions in a weekly or semi-weekly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also con- tain a statement that all assessments not paid before the expiration of said thirty days will be declared to be de- linquent, and that thereafter the sum of five per cent upon the amount of such delinquent assessment, together with the cost of advertising each delinquent assessment will be added thereto. When paymt nt of any assessment is made to said superintendent ol streets, he shall write the word ■'. } 49 STRE - - ec1 ive paid, mil I tli- by nr for ■ i sh-ill give a n therefor. On tin said thirty days, .-ill a- ts then unpaid shall be and become delinquent, and aaperinti na< a\ til certify Bueb t • ■ t i-'-h, and shrill add to the amoui I inquent. ■ill. within five •: tin- ed tn a. he rtiai rioua - < 1 <• l i n 1 1 u . nt, and ' thereof, including th< iieh las! shall D< sum of of land Bcparnti k property in the latne manner as is ur may l"' provided for the collection of ■ •! .lit. r the date of sai.i de- linq the tiin. ■ Il it in pro- viilr. I foT at shall be r< <■< ived, the :■ < In r with tin already Incurred, shall h. Sai-1 list nf delinqu< d1 • ime an. I • I., j rop • I daily fur rs publish* .i and circu- as in a * eekly ■ i circulati .1 i>. fore the da; j - I r the ..r in front «.f the <>fli sup< rin- A 'I ; 1.1 shall I !< in ; an.) thi ;ll, if th. r.. i- ao rod* mptioa, make and d< liver tut 1 : . ,| con dd, and may i'. .11. ; til, b d< ■ ■! one dollar. All pp lir law in rel le and r. dem] of propi county taxes, in 1 • are to the Bale ami • .. linquu nt • failure ti» ri ■;• be prin f the regu larity .'i all rruutee. I 1317 STREETS. Act 3930, §§ 50, 51 intendent of streets shall from time to time pay over to the city treasurer all. moneys collected by him on account of any such assessments. The city treasurer shall, upon re- ceipt thereof, place the same in a separate fund, desig- nating, each fund by the name of the street, square, lane, alley, court, or place for the change of grade for which the assessment was made. Payments shall be made from said fund to the parties entitled thereto, upon warrants signed by the commissioners or a majority of them. [Amend- ment approved March 9, 1S93. Stats. 1893, p. 93.] Sec. 50. When sufficient money is in the hands of the city treasurer, in the fund voted for the proposed work or improvement, to pay the total cost for damages, as well as for the cost of doing the work, and all other expenses con- nected therewith, it shall be the duty of the commissioners to notify the owner, possessor, or occupant of the premise s damaged, and to whom damages have been awarded, that a warrant has been drawn for the payment of the same, which can be received at the office of such commissioners. Such notification may be made by depositing a notice, post- age paid, in the postoffice, addressed to his last known place of residence. If, after the expiration of three days after the service or deposit of the notice in the postoffice, he 'shall not have applied for such warrant, the same shall be drawn and deposited with the city treasurer, to be de- livered to him upon demand. [Amendment approved March 9, 1S93. Stats. 1893, p. 9-1.] Sec. 51. If the owner of any premises damaged neglects or refuses, for ten days after the warrant has been placed in the hands of the city treasurer, subject to his demand, to accept the same, the city council may cause proceedings to be commenced, in the name of the city, to condemn said premises, as provided by law under the right of eminent domain. The ordinance or resolution of intention shall be conclusive evidence of the necessity of the same. Such proceedings shall have precedence, so far ss the business of the court will permit, and any judgment for damages therein rendered shall be payable out of the special fund in the treasury for that purpose. At any time after the trial and judgment entered, or pending appeal, the court may order the city treasurer to set apart in the city treas- ury a sufficient sum from said fund to answer the judgnu nt, and thereupon may authorize cr order the municipality to proceed with the prooosed work cr improvements. In casu of a deficiency in said fund to pay the whole assessed judg- ment and damages, the city council may, in its discretion, Act 3931 8TREBT8. ordl r tlir balance tlicr. -nf to !"• paid OUt dt the grnoral fund v. nr to be distributed by tlio commissioners ■ n t : but in thr list named ease, Iv Did delay, the • ,-ii may such balance oa1 df any avail- able fond in the treasury, ami reimburse the Bame from the collection of -uch warrants in the order of their presentation; provided, that warr ami t • r the w>rk shall have prioi and and the treasurer shall sir that sufficient m .ins in the fund to pay all warrants Of the first class , I. The pi Hiic thou bundr< d and (\f I of e, r< quiring t he : ithiti thirty di ill nol apply to Icred in proi audi r I ■I Mar.-! • - , J6\] 58. All ith. r |.r in tlio art to which tl which provisions are not ir conflict herewith, shah apply to all m tained. All pro lings in any work or improvement, such - pPOVidi il I'.ir in tl in | ■ or by rtrtue i ordinance or resolution of intention hcrel - d, may, from any »t menced and now in bi continued ander this act by r< Bolution work or improvement n»ay then i>< I under the it, with full for •(■ and effect in all tl,,. m which such r Iution or ordinance shall declare the intention to 1 work done or improvi ! under tliis act; ami from such made all pi had nrc .'.tirim d, ami made ralid, and it unnecessary to rene* or tin any pro- prior to tl,. this act. [Amend March 9, ! 95.] The provisions of thi ill b< lil I to permit tl proved March '-'6.] A^T 3931. \,, a, t to provid* 1 for ; wid. rting un ing, oonl 1313 STREETS. Act 3031, §§ i-3 ing, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipali- ties or cities and cities and counties of forty thousand inhabitants or over, and to condemn and acquire any and all land and property necessary or convenient for that purpose. [Approved March 23, 1893. Stats. 1893, p. 220.] The code commissioners say of this act: "Probably unconstitu- tional. (Darcy v. Mayor of San Jose, 104 Cal. 642; Pasadena v Stjm- son, 91 Cal. 858.) Cal. Rep. Cit 140, 360. Section 1. Be it enacted: Whenever the public interest or convenience may require, the city council of any mu- nicipality or cities and cities and counties, containing over forty thousand inhabitants, shall have full power to or- der, and upcu the petition of the owners of a majority of the frontage to be taken for said purpose shall order, the opening, extending, widening, straightening, diverging, curving, contracting, or closing up, in whole or in part, of any street, square, lane, alley, court, or place within the bounds of such city, and shall condemn and acquire any and all lands necessary or convenient for that purpose. Se3. 2. Before ordering any work to be done or im- provement made, which is authorized by section one of this act, the city council shall then pass a resolution declaring the intention to do said work, describing the work or im- provement, and the land deemed necessary to be tak^n therefor, and specifying the exterior boundaries of the district of land to be affected or benefited by said work >r improvement, and be assessed to pay the damages, cost, and expense thereof. Sec. 3. The street superintendent shall then cause to be conspicuously posted along the line of said contemplate.! work or improvement, and not more than three hundred feet in distance apart, but not less than three in all, no- tices of the passage of said resolution. Said notice shall be headed, "Notice of Public Work," in letters not less than one inch in length, shall be in legible characters, state the fact of the passage of the resolution, its date, and, briefly, the work of improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice similar in substance to be published for a period of ten days in one or more daily newspapers pub lished and circulated in said city, and designated by said I I 8 STRFRTP city council; "r if then aily newspaper so published then bj bo published, circu ' hrOUgh wh< m la • i- who will be damaged «>r aft'. u itlin ten di t ho with the clerk <>f the tin<; in what n \\' be damaged, vrhieb "!> red 1 • ■ city council, reception by council, • ; • \ a timi thi reafteT. The city I such • ! to such ■ hich tae bearing ii shall bear the ■ nil •milt roll • widening I ' ■ the I .. within Hi- tim. il shall b ide which is authorized bj risdicl on, as prr3 to the 01 • tion of intention. At tin' timi ol h< r time as tlio hefi : be adjoui i i d 1 tncil ahal] ixxth objec- - upon thi n.l at such time, »>r if there first meeting afl I set in such ord h other time as may shall proceed to pass upon Birch report, and may I'.iiiiirm, com it or modify, then tn .-mil ord« i re- port, and plat, vrhieta in either i*;iso shall be fill d, and ring had, as in 1 tin original report; but no report, or plat, "r .-i- : •• r thf expiration appointing nt. Tin' i'l. rk us simii forward i • t, and plat aa finally I and ! copy shall tin i and thirty .1 Iii ii mi the prop* ii \ improvement, a* h< ri inbi led, in laid city and county, I ly or V' .t hi. hai I nil siim~ h \ led am! I roll ai t hat t i mis iiini w i; hin thirty . •, of :ilsn th. i "ill 1"' deelart >l to di li] i'l that • i he Mini of five ]» r ■■nit of t Mih ill linqm dl lilllpK : will I" added then to. Winn payment ol a the word "Paid" and tb< - • the and the nam by or lor whom - saiil thirl In n tin] ami I i . ruit< i,'i' 1325 STREETS. Act 3931, | 16 shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each ass< ss- ment so delinquent. The said superintendent of streets shall, within five days from the date of said delinquency, proceed to advertise and collect the various sums delin quent and the whole thereof, including the cost of ad vertising, which last shall not exceed the sum of fiftj cents for each lot, piece, or parcel of land separately as> sessed, by the sale of the assessed property in the same manner as is or may be provided for the collection ot state and county taxes; and after the date of said delin- quency, and before the time of said sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the cost of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments shall be published daily for five days in one or more daily newspapers published and circulated in such city, or by at least one insertion in a weekly newspaper so pub- lished and circulated, before the day of sale of such delinquent assessment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in front of the office of said superintendent of streets. All property sold shall be subject to redemption in the same time and manner as in sales for delinquent state and county taxes; and the superintendent of streets may col- lect for each certificate fifty cents, and for each deed one dollar. All provisions of the law in reference to the sale and redemption of property for delinquent state and county taxes in force at any given time shall also then, so far as the same are not in conflict with the provisions of this act, be applicable to the sale and redemption of property for delinquent assessments hereunder, including the issu- ance of certificates and the execution of deeds. The deed of the street superintendent made after such sales, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder and of title in the grantee. It shall be conclusive evidence of the necessity of taking or damaging the lands taken or damaged, and of the correctness of the compensation awarded therefor. The superintendent of streets shall, from time to time, pay over to the city treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designating such fund by the name of the street, Act 3531. {J 17. 1» STREETS. # VM square, !anr. rt, or place for t ho widening, open- ing, or other improvement of which thi made. Pays • be ma'l ■ from s.tiil fnnd to the pari to, upon warranta ifcgTind by the 01 :i DOS (Ority of them. i snffi.ii nt money is in the hands of the city treasurer, in the fond devoted to the proposed work or Improvement, t<> > the Land or Unprovementa !, and when, in the discn I n of the conr :n, the time shall have mak< pavm< eta, it shall be the duty of the eom- t\ the owni r. i . pant .!iy land or ata thereon to whom dam shall li.-r. rznnt 1ms been drawn fur the paymi it of 1 . and thj such warranl ■ upon prop* rty to be taken : such a in ■ • ■ ,\ n ..win rs. tn be made by paid, in the ■ l to his last known place of abodi or n.-. . It. at the expiration of thirty days after tin' told not have applied for such warrant thi Land to be drawn shall be deposited with the county ' and ■hall be delivered to snch owner, ipant, upon I M of COndi lunation shall !><■ h:nl, when tin s.i!!i. > hull be canceled. !< taken n. or n :' the warrant drawn in his favor, 'is afon said, or I i the ri port as to tb< tnk ; - with thi ity council, n to b< taki n for the condemnation thei w under the of i lomain. The complaint may aver that it la the city to take or damage am! a the sai.i in- nt therein, a* the eaa< may be, without rt h tin ga herein provided and the resolution and ordinance ordering Baid work to be done shall 1" --ity. |] b< brought in the name of the municipality, and hav< of the courl will p< rmit ; and tin r> in ri n '■ r< il shall 1- payabli onl of Hueh portion of the special fund as may remain in the treaswry, so far 1227 STREETS. Act 3931, §§ 19-21 as the same can be applied; At any time after trial and judgment entered, or preceding an appeal, the court may order the city treasurer to set apart in the city treasury a sufficient sum from the fund appropriated to the particu- lar improvement, to answer the judgment and all damages, and thereupon may authorize and order the municipality to enter upon the land and proceed with the proposed work and improvement. In case of a deficiency in said fund to pay the whole of said judgment and damages, the city council shall order the balance thereof to be paid out of the general fund of the treasury. Sec. 19. The treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their presentation; provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before paying any of the second. Sec. 20. If any title attempted to be acquired by virtue of this act shall be found to be defective from any cause, the city council may again institute proceedings to acquire the land as in this act provided, or otherwise, or may authorize the commissioners to purchase the same, and include the cost thereof in a supplementary assessment, as provided in the last section. Sec. 21. 1. The words "work" and "improvement," as used in this act, shall include all work mentioned in sec- tion one of this act. 2. In case there is no daily or weekly or semi-weekly newspaper printed and circulated in the city, then such notices as are herein required, to be published in a news- paper shall be posted and kept posted for the length of time required herein for the publication of the same in a weekly newspaper, in three of the most public places in such city. Proof of the publication of posting of any notice provided for herein shall be made by affidavit of the owner, publisher, or clerk of the newspaper, or of the poster of the notice. 3. The word "municipality" and the word "city" shall be understood and so construed as to include all corpora- tions heretofore organized and now existing, or hereafter organized, for municipal purposes. :. 3 23 STREETS. 133 'inn "street sup' f t" and ' ' ■npSTintend- ! in this act, shall be understood and • md are hereby deelared to inch . doty it is, under - tin- im- provement thereof, in any city. In .-ill those cities win ro tin ]•■ . t. n 1. nt or su|" rintendent of • v antborised and a suitab to discharge the r< in bud •]» rintendent i .-ill the provisions hereof -t;» rint" i I apply to potato d. ' is hereb; Include ! which, under the law, is the legislative I • ■]. rk, ' ' as MM 'I in this KM Of 1'ili.-. r v. II nciL -." as lisril in t ■ Inelndi any j i rson or <>fli hall . f umls. The may >r. tax <• ad elty nr <-itv and • - • all municipalities this acl • • den- ' ' ir.'h nine, ■;•.■■ ■ la bo ird "f audit, v. ■ fully including the • I of audit, oi fits mi Ik r< by autboi - ill fin.l ' ■ tin roof and to t s.-ii.] i.l allow i for ii. 1329 STREETS. Act *r» by said city council, and when said taxes are collected the said amounts shall be paid out of the general fund of said municipality in the same manner as other claims and demands are paid. Sec. 23. The act approved March sixth, eighteen hun- dred and eighty-nine, entitled An act for opening, widen- ing, and extending streets, etc., after the passage of this act, shall not apply to any city or city and county having a population of forty thousand inhabitants or over; but as to any city or city and county having a population of forty thousand or over said act shall not apply; but ' said cities and cities and counties shall be subject only to the provisions of this act in all matters embraced within the purview of this act; provided, however, that the pres- ent city council or other governing body of any munici- pality of forty thousand inhabitants or over shall have power, by a three-fourths vote of its members, to extend the lite of any existing commission until its work shall have been completed as in said act provided; but in all other cases in cities or cities and counties of forty thou- sand inhabitants or over, the assessments, plats, and re- ports filed by said commissioners are declared to be null and void, and all moneys collected under the provisions of said act shall be refunded to the persons from whom the same were collected, in the same manner as taxes which have been twice collected, and the said commis- sioners are hereby removed from office; provided further, however, that in case of the lands necessary to widen or open any street, there shall have been actually pur- chased and conveyed to the municipality, under the pro- visions of said act of March sixth, eighteen hundred and eighty-nine, more than one-half of the land necessary for said improvements, as shown by the report and plat on file, then said streets, and the improvement thereof, shall not be affected by this act, but the same shall be completed as commenced. Sec. 24. This act shall be liberally construed, to pro- mote the objects thereof. This act shall take effect and be in force from the time of its passage. ACT 3932. An act to provide a system of street improvement bonds to represent certain assessments for the cost of street Gen. Laws — 84 Act 3'.-32, §5 1. 2 SOTS. 1310 worl; and ltnpf*Vi mi nt witliin municipalities, ;i n « 1 for I lb tiun.ls. [Approved F< r -\ p. 33.] An 40. Oil it-r CH ■:.-. i?3: M "~». 131: m ir a» It in. lei ■...; 1. Wherever in il :ni.l thaU I" tiikrn tO Ml. :in. tie ,■ d • ' A n ■ work upon streets, lanes, 1 for construction municipi Man h i igb ii hundri | ml :il! arts am«n or supplementary I sd win r> v> r in • J bod) or offiC( r aol herein h> ill' :n) •nl or ; tin- ■ all act tary tli« t lUCil Of any nmnic i pality in tl ihall find, np in i stimati n< < r, that improvemi nt an- thor "' r than fifty • so pro- ater ction work i'"' noW< r. i ,!l ° that Si rial b w..rk or ini- led, i their dati . and annual proportion •on, r their d until ' ' :i '" payable ■ • r, at • • n • annum nn all ■ it I unieipalH mis paid hira 1331 STREETS. Act 3932, §§ 3, 4 said bonds and the interest thereon, and from which he sball disburse such suras, upon the presentation, of said coupons; and under no circumstances shall said bonds or the interest thereon be paid -out of any other fund. Said city treasurer shall keep a register in his office, which shall show the series, number, date, amount, rate of in- terest, payee aud indorsees of each bond, and the number and amount of each coupon or principal or interest pai i by him, and shall cancel and file each coupon so paid. [Amended March 2, 1899. Stats. 1899, p. 40.] Sec. 3. When said city council shall determine that serial bonds shall be issued to represent the expenses of any proposed work or improvement under said street- work act, it shall so declare' in the resolution of intention to do said work, and shall specify the rate of interest which they shall bear. The like description of said bonds shall be inserted in the resolution ordering the work, in the resolution of award, and in all notices of said pro- ceediftgs required by said street-work act to be either posted or published; and also a notice that a bond will issue to represent each assessment of twenty-five dollars or more remaining unpaid for thirty days after the date of the warrant, or five days after the decision of said council upon an appeal, and describing the bonds, shall be in- cluded in the warrant provided for in section nine of said street-work act. [Amended March 2, 1899. Stats. 18D9 p. 40.] Sec. 4. After the full expiration of thirty days from the date of the warrant, or if an appeal be taken to the city council, as provided in section eleven of said street- work act, then five days after the final decision of said council, and after the street superintendent shall have recorded the return, as provided in section ten of the same act, the street superintendent shall make aud certify to the city treasurer a complete list of all assessments un- paid, which amount to twenty-five dollars or over, upon any assessment or diagram number; and said treasurer shall thereupon make out, sign, and issue to the contractor, or his assigns, payee of the warrant and assessment, a separate bond, representing upon each lot or parcel of land upon said list the total amount of the assessments against the same, as thereon shown. And if said lot or parcel of land is described upon said assessment and dia- gram by its number or block, or both, and is also desig- nated by its number or block, or both, upon the official Act 3932, S * STREETS. 1333 map of said municipality, or upon any map on file in the office <>f the county recorder of the county in which s;i i>l municipality is situated, tin n it shall be in said bond q Bufficienl description of said lot or parcel of land to di nate it by said number or Mock, <>r both, as it appears on said official <>r recorded map. Said bund shall be substantially in the following form: Street Improvement B Beriei (designating it), in the city (or other form of the municipality) of (naming it). $ 100. . . No. . I mil r and by virtue of an act of the legislature of the state of California (title of said act), I, out of the fund for the shore designated Btreet-improvement bonds, si , will pay to , or order, the sum of dollars (| ) with interest at the rate of per cent jar an- num, all as is hereinafter specified, and ;it the office of the treasurer of the of , state of California! Thie bond is issued to represent the cost of certain si k upou , in the of — , as the same is fully described in assessment number . by ntendent of said , after his accept- ance of said work, and recorded in his office. Its amount is the amouni -' the lot or parcel of land numbered therein, and in the diagram attached then lumber , and which now remains unpaid, but until paid, with accrued U Lfl a first lien upon the pro d thereby, as the same is ribed herein, and in said recorded assessment with its to wit: the lot or parcel of land in said of f county of , state of California, . This bond is payable ly from said fund, astd neither the municipality nor any officer thereof La to he liolden for payment otherwise of its principal or int. i ,,[' this bond is years from its da1 the expiration of Baid time the whole sum then un I be due and payable; but on the Becond day of Jana- eaah year after its date au even annual proportion 1333 STREETS. Act 3932, 5 4 of its whole amount is due and payable, upon presentation of the coupon therefor, until the whole is paid, with all accrued interest at the rate of per centum per annum. The interest is payable semi-annually, to wit: on the second days of January and of July in each year hereafter, upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi- annual interest, except the last, which is for interest from the semi-annual payment next preceding and to the date of the final maturity of this bond. Should default be made in the annual payment upon the principal, or iu any payment of interest from the owner of said lot or parcel of land, or any one in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and to have said lot or par- cel of land advertised and sold forthwith, in the manner provided by law. At said of this day of , in the year one thousand hundred and . City treasurer of the of . Provided, that in case the amount of unpaid assessments upon any lot or parcel of land shall be less thon twenty- Jive dollars, then the same shall be collected as is here- inbefore provided in part one of said street-work act. Provided, also, that if any person, or his authorized agent, shall at any time before the issuance of the bond for said assessment upon his lot or parcel of land present to the city treasurer his affidavit, made before a com- petent officer, that he is the owner of a lot or, parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, and with such affidavit and certificate such person notifies said treasurer in writing that he desires no bond to be issued for the assessments upon said lot or parcel of land, then no such bond shall be issued therefor, and the payee of the warrant, or his assigns, shall retain his right for enforcing collection as if said lot or parcel of land had not been so listed by the street superintendent. Act 3»r. I I 1334 -• rial ■ ■ at t;. ■ In annual MCOBd • nu.irv in tvI. until all i: "ion niial i.-h chilli M tin- fur 1 1 * * - >m| tin- 1 .-t — t of which Bhnll ■ m, I t may pay the whole amount «f said bond then due, with costs, aud such bond shall t, 5 .' BTRflKTS. UM i;>nn be : but m oase such pS] Dot by such . <>r by some one in behalf of such the property subject thereto shall u herein provided. Bobdiviaion f. The city I re delivering . must, in a book kept iii I pur- ent< r t Dotobi r, i :. a u of the land sold e with the de- scripl ion of : parohasi name, thi I "ms on tin' margio of the 1 k, and pnl nuni- iblic . and In shall • the bond the words '*Can- of the property," gi Bubdiv I mm. diately on t hi shall i li. ii mi the pro td him, tn the extent - only dn such lien by the paj mi pur- including a provid a at the rate of oi . month t rem (if thr | be mad.- by the ■ within tv. nr at any time prior to the application for a inafter provided. Redempl lawful ' !i. n ma t r. aaurer he • t paid I named in his certificat y it on demand to hi his a i. On n the ler must file it, and make :m i ntry in :i to that 1 shall In ■ mom v, thi "Redeemed," the date, and by wh u of the book w made. j. Iff the t imi allow< d by Bub li . ision h tion, the city tr. application i>: r his at> 1337 STREETS. Act 39C2 j| 5 to said purchaser, or his assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate, and that no person has redeemed the prop- erty during the time allowed for its redemption; the treas- urer shall be entitled to receive from the purchase two dollars for making said deed, which shall be deposited m the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, or his assignee must, thirty days prior to the expiration of the time of the redemption, or thirty days before his applica- tion for a deed, serve upon the owner or agent of the prop- erty purchased, if named in such certificate, and upon the party occupying the property, if the property is occupied, a written notice, stating that said property," or a portion thereof, has been sold to satisfy the bond i;,, 71 the ,]., to of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemp- tion will expire, or when the purchaser will apply for a deed, and the owner of the property shall have the right of redemption indefinitely, until such notice shall have been given and said deed applied for, upon the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be •posted in a conspicuous place upon the property at li as1 thirty days before the expiration of the time for redemp- tion, or thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property, until sucii purchaser shall have filed with such treasurer an affidavit showing that the notice hereinbefore required to be given has been given as herein required, which said affidavit shall be filed and preserved by the said treasurer as other rec- ords kept by him in his office. Such purchaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of said affidavit, which sum of fifty cents shall be paid by redemptioner' at the time and in the same manner as the other sums, costs and fees are paid. Subdivision k. The deed, when duly acknowledged or proved, is primary evidence of the regularity of all pro- ceedings theretofore had, and conveys to the grantee the absolute title to the lands described therein, as of the date of the expiration of the period for redemption free of all incumbrances, except the lien for state, county and . J 6 1*S8 mnnierpa] taxes. [Amended bCarcJi 2, It trn'-k or tmck8 of any : Mn ri from auch pt • ..r • the or ini| in ;iU to that rd< v >\ to be performed ander N ii'':i thin ' ■ ■xr-r imn bj him, .i.l to ii upon n thirty days, "r within of time _h cl h work <>r iinj r©T( DM nt in 1 1n nmnnrr or rdi r>' : surh work or in ■ provi I'd. The friilur- t.ikt n ai wit! -'mil take no full -,'S i" th< anl< ss such I h work rx rform ■ . il may pace an 1339 STREETS. Act 3932, § 6 performed, and a statement tbat unless within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or the street superintendent of said city shall issue bonds to represent the cost of said work, stating also that the cost of said work, in case bonds shall issue, shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same shall bear. The subsequent procedure shall be as provided by the "Street-work Act." A similar state- ment shall also be incorporated in all notices required to be posted or published by the provisions of the "Street- work Act"; also in the ordinance or resolution ordering the work, advertisement for proposals, and in the contract. Whenever the person or cempany owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, the street superintendent shall issue to the contractor, or his assigns, bonds for the amount of such cost, which shall describe the franchise, tracks, and road- bed along or between which said work has been performed, and describing the same as upon the assessment and dia- gram, giving its assessment number. Such bonds shall also describe the work performed, giving the total amount of the cost of such work, the name of the owner of said railroad, the number of installments in which the' cost of the work is to be paid, and the rate of interest which the deferred payments shall bear. Said bonds shall be in sums of not loss than one hundred dollars or more than one thousand dollars, and shall recite that the total amount of the cost of such work, together with the interest there- on, as represented in said bonds, is, except state, county, and municipal taxes, a first lieu upon all the track, road- bed, switches, and franchises, of said railroad lying within the corporate limits of the city or town, on any part of which said work has been performed. Said street super- intendent shall also keep a record of such bonds, as re- quired by section eighteen of the ' ' Street-work Act. ' ' Whenever bonds have been issued, as herein provided, the same, together with the cost of such work and the interest thereon, shall be, except state, county, or municipal taxes, a first lien upon all the tracks, roadbed, switches, and franchises of said railroad within the corporate limits of the eity or town, on any part of which said work has Act E>33 STREETS. iMO [ i rformed. G and five of this act, re- gary said sections shall be performed by the nt, in so far fox the 1'iv- • in- provisions of ! tn a | ■ anil the ntemplated by this section. All pi not ineonsisti nt with I ball apply h< i ! in this Mt, shall ■ and include any pi raon who. osdei A ax of the ftinils of mnnicipaJ Dtitled "An act to ami ml an act ' -ntitlcd 'An rk upon lanes, alloys, - \v- d intiiii • -1 March ? ith, In 'l and by adding I bi reto an r, consisting ' of sections rfy- im- nth, alghti ea bundn il by I I to anil al! ngs hitherto commenced thei may be comph ted anil have full force • , - ■ • i . , 1 . M take effect and of force from ami aft. r its ACT 3933. \ n r ,,» | regulating the manner of sale anil re- for di linqui i inents ■ »r or in- t,, : (tending, widening, straight- ■ ontracl g up, in ilh y, cou'- thin municipalities in this gi [A] n si-nate and assembly 1. A II sales, and red* mpl i ,, L l u [ 'i hi w leviod and as- 1341 SUISUN CITY— SUNDAY. Acts 3938-3H48 sesses to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, constructing, or closing up, in whole or in part, any street, square, lane, alley, court, or place within municipalities in this slate, shall remain unpaid and become delinquent under the provis- ions of any act or law regulating such matters, shall be made and had in the same time and manner as such sales and redemption were required by law to be made and had on the first day of January, Anno Domini eighteen hundred and ninety-five. Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage and approval. TITLE 480. SUISUN CITY. ACT 3938. Authorizing and empowering board of trustees to grade and improve streets. [Stats. 1871-2, p. 658.] "Superseded by 1885, 147, chap. CLIII; and by the incorporation of the city under Municipal Government Act of 1883."— Code Commission- era' Note. TITLE 481. SUMMONS. ACT 3943. Concerning service of summons upon absent defendants. [Stats. 1871-2, p. 392.] Repeaied 1873-4, 495. TITLE 482. SUNDAY. ACT 3948. To prohibit barbarous and noisy amusements on the Christian Sabbath. [Stats. 1855, p. 50.] Superseded by sees. 299-301, Pen. Code, which have been repealed. Acts 3949-reo SUPERVISORS. UO ftCT 3949. Fj provide for the bettor observance of the Sabbath. [Stats. p. 1 - 4 -l This act wai dr-ciared v-)hl In Ex parte Newman, S Ca»l. 602. ACT 3950. For L881, p. C55.J . Code, sec M et acq., which have r>- ACT 3951. Cal. ON.) stwaan six p. i aad six p. It Is in fu ACT 3952. To | ' from labor. 398, p. 54.] I a rest In £ . TITLE 483. ACT Ti> . iardl of supervisors to authorize the emploj- mint of deputies in certain eases. , J7.J • Uie Count) Government Act*, aee M ACT 3958. To • napli boards ol aupen isora and tn pari Tin • XIV, "f tii istituti..!!. L881, p. 54.] i >' nat. ass.) This act related to the fixing of_ water m ACT 3959. Authorising boards of sitatus in criminal eases. [81 In full In to Penal Code, p ACT 3960. Is ooafsx power apoo supervisors U sewers. "''■J 1S43 SUPREME COURT COMMISSION— LIBRARY. Ac ts 3961-3974 Superseded by County Government Act and the charter of San Francisco. Cal. Rep. Cit. 98, 683. ACT 3961. Authorizing any board of supervisors to refund the bonded indebtedness. [Stats. 1885, p. 211.] Superseded by subd. 13, sec. 25, 1S97, 460. ACT 3962. Authorizing board of supervisors to transfer certain funds. [Stats. 1880, p. 133.] Superseded by subd. 18, sec. 23, 1897, 463. This act authorized the transfer of swamp land funds to the gen- eral fund. Cal. Rep. Cit. 142, 449; 142, 450. ACT 3963. Empowering boards of supervisors to levy a special tax for. the purpose of displaying products and industries of any county at domestic or foreign expositions, lor the purpose of encouraging immigration and increasing trade in the products of the state, [btats. 19U1, p. 569.] TITLE 484. SUPREME COURT COMMISSION. ACT 3968. To provide for the appointment of supreme court commis- sioners. [Stats. 1S»9, p. 13.] Superseded 1S93, 1. ACT 3969. Providing for the appointment of supreme court commis- sioners and their secretary. [Stats. 1893, p. 1.] Cunuuued li'JT, M; chap. LII; 1&99, 11; liol, 273; X*Jt, 17a. TITLE 485. SUPREME COURT LIBRARY. ACT 3974. To provide a law library for the supreme court. [Stats. 1867-8, p. 659.] Superseded by Political Code, sees. 2313-2316. Act* 3 :•" • ' ''.*.. J l BUPKBMB COURT REPuRTER-SURVEYORS. HM ACT 3975. To authorize t ho justices of the supreme court to appoint a librarian i tort, and firing i salary, [fcitat*. I, p. 182.] TITLE 486. PBEME I OUBT BEPOBTER ACT 3980. Providing fox the appoint: . deputy supreme court reporter. [H - 1, p. y.J TITLE 487. . KKAL. ACT 3985. Authorizing the ■-' I furnish his ofli-'e and vault thj ^'ng an appropriatioo I B52.J Ttiii I id lull In l'ulllJcal CuOu, A 1111. TITLE 488. ACT 3990. An act to define the duties of and to li.-.nso land lurve; ■ larch 31, . 1». 4 7».J Aimi.aiJ Uu3. 267. CaI > MS. 1. Bl • • rin k' to become a land S urv ey or in this state mi. ; . ral of tB • : raou of good moral ch . d by the board ot axamining sun < } this act;, which certificate shall sit lorth that th< nam. d tiurriu is, m the opinion ol th< j'lng the same, s tit and coi aland- ther with port the constitution of thin the Unit* IMS SURVEYORS. Act 3990, §§ 2-7 and that he will faithfully discharge the duties of a licensed land surveyor, as defined in this act. Sec. 2. Upon receipt of such certificate and oath by the state surveyor-general, it shall be his duty forthwith to issue to such applicant a license, without charge, whicn. license shall set forth the fact that the applicant is a com- petent surveyor, or that he has had at least two years' ex- perience in the field as a surveyor or assistant surveyor. Sec. 3. Such license shall contain the full name of the applicant; the technical institution from which he is a grad- uate (if he be a graduate), or if he be not a graduate, the fact must be stated in the license; his birthplace, age, and to whom issued; the name of the person upon whose certi- ficate the license is issued, and the date of its issuance. Sec. 4. All papers received by the state surveyor-gen- eral on api lication for licenses shall be kept on file in his office, and a proper index and record thereof shall be kept by him, and a list of all licensed land surveyors shall be kept by him, and he shall monthly transmit to the county recorder of each county in this state a full and correct list of all persons so licensed; and it is hereby made the duty of such recorders to keep such lists in their offices in sucn a way as they may be easily accessible to all persons. Sec. 5. Within twenty days after the passage of this act, the governor shall appoint three surveyors in good standing, members of the Technical Society of the Pacific Coast, and two other surveyors in good standing, not mem- bers of such society, as a board of examining surveyors, who shall conduct such examinations and. make such in- quiries as to them may seem necessary to ascertain the qualifications of applicants for surveyors' licenses. Sec. 6. A majority of the board of examining surveyors shall meet on the first Friday of each month during their term of office, in the rooms of the Technical Society of the Pacific Coast, in San Francisco, and at such other time's and places as they may select. The members of the board shall hold office for the term of one year from the date of appointment, and shall serve without compensation. Sec. 7. Every licensed surveyor shall have a seal of ofiice, the impression of which must contain the name of the surveyor, his principal place of business, and the words ."Licensed surveyor"; and all maps and papers signed by Gen. Laws— 85 BURVEYOR8. MM liim, an.l to whir-h paid BeaJ fa bed, shall bo prima facii • in all the eonrtt of this itete. 8. Snr with ■ r proi id. .1. ori» •! to admin - ■ identify : or, • r .ir maaamearf l>< Caaad La a parathable aandi- aad it appi t hat »\ i oing Mich ■•.int. r or monument be ..r win ■• ■ miii for the faithful p. rforman i his : as ■ part <>f the Bald aotei • nlatniL' tracing or eetabHehaag <.f property or ben ad- shall be thr • ; IIL , .,„ v ■ ■ and re] with thi ■ m. I oandarj line*, pub! original !■ by « Hcen .all file ..r an/ portion thi shall be made in ..r ii I'V thirtv inehea. Tb either an original plat or tain all thi data ticaJ snrvi \ ..r tu r. t : . kind, • Tint intended wit i ontlii ; land s 1347 SURVEYORS. Act 3990, §§ 12. U and lengths of boundary lines; the angles, as measured by Vernier readings, which the lines of blocks or lots, if the record relate to an original town-site survey, make with each other and with the center lines of adjacent streets, alleys, roads, or lanes; the variations of the magnetic needle with which old linos have been retraced; the scale of the map; the date of survey; a proper connection with one or more points of an original or larger tract of land, and the name of the same; the name of the grant or grants, or of the townships and ranges within which the survey is located; the signature and seal of the surveyor; provided, that nothing in this section shall require a record to be made of surveys of a preliminary nature where no monu- ments or corners are established; provided further, that if the survey can be as well described in writing, or by a small diagram, or by both, the surveyor shall file with said recorder, a record of such a survey, either in writing or by diagram, or by both writing and diagram. Such record shall be on one or more sheets of writing paper, drawing paper, or cloth, of a uniform size of eight by twelve and one- half inches, and shall contain all the data as required on the larger record as described above; provided, further, that if the survey relate to the retracing of lines of lot3 or tracts of land of which a map is already on file in said recorder's office, and no changes are made in dimensions or angles, by the resurvey, from those given on said map or plat, the surveyor shall not be required to file a record of such a survey. [Amendment approved March 20, 1903. • Stats. 1903, p. 267.] Sec. 12. The record of surveys thus filed with the county recorder of any county must be by him pasted into a stub-book, provided for that purpose, and he must keep a proper index of such records, by name of owner, by name of surveyor, by name of grant, city, or town, and by United States subdivisions; and he shall make no charge for filing and indexing such records of surveys. Sec. 13. Upon the failure of any licensed surveyor to comply with the requirements of this act atfd the fur- nishing of satisfactory proofs of such fact, the state sur- veyor-general must revoke his license, and no other license shall be issufd to him within one yea,r from such revoca- tion. A violation of section eleven of this act shall be a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed more than one SURVEYS. J*S hundred dollars, or Imprisonment in the county jail not i iin^ thirty di 14. Il to meet and I as in this act provided, applicants the eertificafe or ■•' rtificatee ■ may be eompi lied ■ 1 if upon the bearing of such i ■ • . or to issue him a, sui'li board ft v. -rally, liable ling, Including - -itly I by such re- indn .1 d may bi it v i f it !.<• for plain* i< nee of ■ brought • - ;:■■'. lionl <>f ' that part of the ' - la hi r. by n I all proceeding* • shall be in accordan with. ■ shall tn Ti the first day of July, hundred and ninety one. TITLE 4883. ACT ■ , further .rkinps of the gov etion 1. V. bi d in !.. . u mat mnd, or I ill be hii r. in a monument of heavily 1349 SUTTER COUNTY. Acts 3995-399S galvanized iron pipe or galvanized iron stake not less than two inches in diameter and not less than two feet long, or other monument not less in size and equally imperishable. Sec. 2. All such monuments located in public highways shall be placed with the top not less than twelve inches b< low the surface of the ground, but when not located in public highways, they shall be placed with the top six inches above the surface of the ground. If the top of the monument is placed above the ground, it shall be not less than four feet long, if of metal. Sec. 3. The surveyor shall note witness objects that are within a reasonable distance of any corner, and state dis- tance and course from said corner, and recorel the same in a properly indexed record book kept in the county surveyor's office, which shall be a public record. Bee. 4. All boards of supervisors are required to furnish all necessary pipes or stakes for monuments for their re- spective counties without cost, on demand. TITLE 489. SUTTER COUNTY. ACT 3995. Auditor and treasurer of to cancel certain certificates of the register of the state land office and certain con- trollers ' warrants. [Stats. 1877-8, p. 324.] ACT 3996. Authorizing the transfer of funds. [Stats. 1875-6, p. 249.] "Superseded by subd. 18, sec. 25, County Government Act, lSaT, 463." — Code Commissioners' Note. ACT 3997. To authorize the transfer of certain funds in. [Stat*. 1877-8, p. 1020.] This act authorized the transfer of funds from the road district fund to the school fund on the petition of a majority of the taxpayers. ACT 3998. To provide for a separate judge for each of the counties of Yuba and Sutter. [Stats. 1897, p. 48.J AcU 3999-4011 SUTTER CREEK. ISO ACT 3999. Tii provide for tlir j. rotation of certain lands in from over- flow. [W B, p. 316.] Amended 1671 -H. 307. Supplemented 1871-2. 7J4. ■■T'nronstlUitlonal as to aec. 21. (Him ke, 101 CaJ. 131; W'Ms.ji v . OSS, as amended 1*95. 247. Milt, also, the fallowing 1 — ACT 4003. Relating to levee .1 i^t ri ■• t \... i. [Approved Nfareh 19, 1889. ".J ACT 4004. Relating to ■wamp-land district seventy. I Marcs in, 1891. stats. 1891, p. ACT 4005. amending the- act suthi • Btrncl br ar ' r.-li 19, 1889. .:.] AcU for the better ; ry, see act 464. .. TITLE 490. . GBEBK. ACT 4010. Town of. incorporating. [Stats. 189 -7.] 40 ACT 4011. \ma.l<>r OoUUty, - running at larr^ in. [8ta1 198. 1361 SWAMP AND OVERFLOWED LA-NDS. Acts 4016-4027 TITLE 491. SUTTER'S FORT. ACT 4016. To provide for the acquisition of Sutter 's Fort and appoint- ing trustees therefor. [Stats. 1891, p. 25.] ACT 4017. For the appointment of a guardian of Sutter's Fort, and pre- scribing his duties. [Stats. 1895, p. 56.] Amended 1905, 171. TITLE 492. SWAMP AND OVERFLOWED LANDS. ACT 4022. To provide for the proper distribution, in the several county treasuries, of funds arising from the sale of swamp lands. [Approved March 28, 1874. Stats. 1873-4, p. 770.] ACT 4023. Fresno and Kern counties, providing for determining rights in certain swamp and overflowed lands in. [Stats. 1877-8, p. 358.] Cal. Rep. Cit. 66, 566; 66, 568. ACT 4024. State treasury, providing for payment of certain controller's swamp-land warrants. [Stats. 1871-2, p. 873.] This act pledged payments on swamp lands to the redemption ot warrants. ACT 4025. Quieting title to certain lands. [Stats. 1873-4, p. 803.] This act confirmed the title of certain swamp lands to J. P. Counts and Myron Smith. ACT 4026. Providing for the dissolution and annulment of swamp and overflowed land reclamation districts and protection dis- tricts for non-user of corporate powers. [Approved Feb- ruary 17, 1899. Stats. 1899, p. 13.] ACT 4027. To declare certain tide lands public grounds, and granting the same to the county of San Mateo in trust for the use of Act* 40^8-«31 SWAMP AND OVERFLOWED LANDS. 132 tin public. [Approved February 27, 1S93. Stata. 1893, !•■ 12.] ACT 4028. Quitclaiming to the successors in interest of James Bowman nil En "Water Lol r?o. 116," in San Franeisco. [Approved March n, 1893. Stats. 1893, p. 151.] ACT 4029. An act to determine that lands of this state arc swamp and red when retun !i by the EJnited states Bur. r.tl. [Approved March 81, 1891. stats. 1891, p 221.] ■.vithin this state whieh have been n nia_\ r be retm ■orveyor* . r i a | . and overflowed lands, and shown as such on approved township ill, as soon as patent! have t by this ki Id to be of i be ebarai I rever, thai noth- iug herein contained ■hall be eonttraed to affeel the r ; . lead or pre-emption settler claiming under the laws of the (Jniti any suit now pending in any court a the parties thereto; pro- otained in this act shall be construed the rights of any Bettler now or Inn after lo- . if |" re- mitted ander existing 1 This ael shad] I t from and after its pas- ACT 4030. Quitclaiming to tl 3aHie C. Perry all claim lifornia I of land in the city and county of 8an Francisco i it Dumber one hundred and sixt . og and ■ \' cuts a d< itclaim then for to said • - is i.l Bailie C. P< rry. [Appn a 9, 1893. p. ML'.] ACT 4031. >f the land lion or di inland hikes, and 1353 SWAMP AND OVERFLOWED LANDS. Act 4031, §§ 1-4 unsegregated swamp and overflowed lands, and validat- ing sales and surveys heretofore made. [Approved March 24, 1893. Stats. 1893, p. 341.] Amended 1899, 182. Cal. Rep. Clt. 143. 327; 143, 328; 143, 330; 143, 332. Section 1. Any person desiring to purchase any of the lands uncovered by the recession or drainage of the waters of inland lakes, and inuring to the state by virtue of her sovereignty, or the swamp and overflowed lands not segre- gated by the United States, shall make an application there- for to the surveyor-general of the state, which application shall be accompanied by applicant's affidavit that he is a citizen of the United States, or has declared his intention to become such, a resident of this state, of lawful age, that lie desires to purchase such lands (describing the same by legal subdivisions, or by metes and bounds if the legal sub- divisions are unknown) under the provisions of this act; that he desires to purchase the same for his own use and ben- efit, and for the use and benefit of no other person or persons whomsoever, and that he has made no contract or agreement to sell the same, and that he does not own any state lands which, together with that now sought to be purchased, ex- ceeds six hundred and forty acres. Sec. 2. Upon the filing of said application, when the land has not been sectionized, the surveyor-general shall author- ize the county surveyor of the county where the whole or the greater portion of the land lies to survey the same, who shall make an actual survey thereof, at the expense of the applicant, establishing four corners to each quarter section, a^d connecting the same with a United States survey; and he must, within thirty days, file with the surveyor-general a copy, under oath, of his field notes and plat, and a state- ment, under oath, showing whether or not the land is occu- pied by any actual settler. Sec. 3. If the surveyor thus authorized shall fail to make his return to the surveyor-general within the time specified in the preceding section, the surveyor-general may designate another person to make the said survey. Sec 4. No application to purchase land under this act shall be approved by the surveyor-general until the expira- tion of ninety days from the filing thereof in his office, and meanwhile the land shall be subject to the adverse claim of Acl MCI. Jt &-S SWAMP AND OVERF1-OWED LA H '3M •irtnal s. ttlrr Who ban r» - i • 1 ■ • 1 thereon when the said application was fill .1. Th<- lands designated in this art shall ho sold and ot< 'I at the pi o dollan and fifty srati pas sere and on tl I paymi nt Ian. Is. All n t ii nd in which tin Ian ; :. and shall be -•■1 nf in the same manner us moi ing from I and*, nnr tin and • iw. If ■ 1 iit fa ..■!i lands • j . • Imendmi -I If arch 52.] 8(PC, ' t" thi l:u : n this net vr) t • rmation of fn t 1 all of the pr.' law of swamp n lands; provid< d, tl iii which the lands, ur the g rmine, n| . . far, by the I < long to any of the bed in lection one of this unnll, for all | nd shall h nnf purchase shall not be affected by the provisions of this act. Sec. 9. All plats of any lands described in section one of this act which have been heretofore made under authority of the United States surveyor-general, and which plats des- ignate the same as swamp and overflowed lands, shall be d-emed valid and effectual as surveys of such lands from and after the date thereof. Sec. 10. This act shall take effect from and after its pas- sage. ACT 4032. An act to abolish the state board of tide-land commissioners, and to repeal sections three hundred and sixty-five and six hundred and ninety-eight of the Political Code. [Approved February 4, 1876. Amendments 1875-6, p. 15.] Section 1. The state board of tide-land commissioners is hereby abolished. Sec. 2. All books, maps, papers, and documents belonging to the archives of said board, and all other property of the state under its custody, must be deposited with and kept and pre- served by the surveyor-general of the state. Sec. 3. Sections 365 and 698 of the Political Code are hereby repealed. Sec. 4. An act entitled "An act supplementary to and amendatory of An act supplementary to and amendatory of an act entitled An act to survey and dispose of certain salt- marsh and tide lands belonging to the state of California," approved March 30, 1868, also an act approved April 1, 1870, approved March 30, 1874, is hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. Compare in connection with section 4 of this act section 34S8 of Political Code, as amended in 1891. ACT 4033. To survey and dispose of certain salt-marsh and tide lands belonging to the state. [Stats. 1867-8, p. 716.] Supplemented and amended 186H-70, 541: 1873-4, 858. Was continued In force by sec. 3488, Pol. Code. See, however, subd. 4 of the act or 1S75-6, 15, act 4032, ante. ; 1 TAXATION. TITLE 493. TAXATION. ACT 4035. • s, inheritances, be- • • • direct th< at its pro* Dl of liiTis cr qaiet tit :• led "An • • - I ii i to direct tin March 22, • . end all ads aii'l parti fllct will. [Approvi '1 Mar. ' p. :U\.] • hieta thai] <>r will or by Who may M hill :i r^- ■!■ nt ..f tlii-4 • • I ■ • ! . thai] - LaeoBM there- fron rred bv deed, grant k'ift, ni| lation of the d or b b death, at, or to r by reft- i be* • ni iti< d, in poeeeai .to ill bf and is nub- I for, to b the treas- I, for the tax thai] da a lien the pro] ■ tho met or is • rred and all adm te so transf. rn n the market value and ante upon ' mptiona b Wheat vi r an\ t up tit t' this act in the sunic manner as though m property to which such appointment relates belonged lutely to tlu donee of such power anil had been be- , i« :itli« <1 or devised by Bueh donee by will; and whenerer ay person or corporation possessing such a power of ap- pointment so derived shall omit or faii to exorcise the same within the time provided therefor, in whole or in part, a transfer taxable under the provisions of this act shall be deemed to take place to the ext< oi of such omissions or fail- ure, in the same maimer as though the persons or corporal thereby becoming entitled to the possession or enjoyment of the property to which such power related h i di d thereto by a will of the donee of the power failing to exer- cise such power, taking effect at the time of such omission or failure. Sec. 2. When the property or any beni fical interest therein bo passed or transferred exceeds in value the exemption here- inafter specified and shall not exceed in value twenty-five thousand dollars the tax hen by imposed shall be: (1.) Where the person or persons entitled to any beneficial interest in such property shall be the husband, wife, lineal issue, lineal ancestor of the decedent, or any child adopted as such in conformity with the laws of this state, or any child to whom such decedent for not less than ten years prior to such trans! r stood in the mutually acknowledged relation of a parent, provided, however, such relationship be- gan at or before the child's fifteenth birthday, and was con- tinuous for said ten years thereafter, or any lineal issue of such adopted or mutually acknowledged child, at the rate of one per centum of the clear value of such interest in such property. (2.) Where the person ot persons entitled to any beneficial interest in such property shall be the brother or sister or a descendant of a brother or sister of the decedent, a wife or widow of a son, or the husband of a daughter of the dece- dent, at the rate of one and one-half per centum of the clear value of such interest in such property. (3.) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother of the decedent, at the rate of three per centum of the clear value of such interest in such prop- erty. Act «ns. 55 J. 4 taxvt: ijmj 1 as entitled to any beneficial • the ther or a le bi r l« nt r at tl. r v.ilue of such in- ■ II b<- in Bl : . <>r shiill be iv jMilttic . .. h v.ilue ■ • •■ n In n the market vaJoa lol- ■ >ne . ., to |10 . ■ two ■ • ft t*< j.ri- (1.) AB ■ the 1354a TAXATION. Act 403d, § 5 (3.) Property of the clear value of two thousand transferred to e>ch o de- d in the second subdivision of section 2 shall be ex- empt. (4.) Propertv of the clear value of one thousand five hun- 0) dollars transferred to each of the persons .1. scribed in the third subdivision of section 2 shall be ex- empt. (5.) Property of the clear value of one thousand ($1,000.00) dollars transferred to each of the persons de- scribed in the fourth subdivision of section 2 shall be ex- empt. (6) Property of 1 value of five hundred dollars transferred to each of the persons and corporations described in the fifth subdivision of section 2 shall be ex- empt. Sec. 5. When any grant, gift, legacy, or succession upon which a tax is imposed by section one of this act shall be an estate, income, or interest for a term of years, or for life, or determinable upon any future or contingent event, or shall be a remainder, reversion, or other expectancy, real or personal, the entire property or fund by which such <- income, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the d< ce- dent, and the market value thereof determined, in the man- ner provided in section fourteen of this act, and the tax prescribed by this act shall be immediately due and payable to the treasurer of the proper county, and tog( theT with the interest tl -hall be and remain a lien prop- erty until the same is paid; provided, that the person or persons, or body politic or corporate, beneficially in the property chargeable with said tax, may elect not. to pay the same until the shall- come into the actual possession or enjoyment of such property, and in that case such person or persons, or body politic or corporate, shall execute a bond to the people of the .State of California, in a penalty of twice the amount of the tax arising upon personal estate, with such sureties as the said superior court may approve, condi- tioned for the payment of said tax, and interest thereon, at such time or period as they or their representatives may come into the actual possession or enjoyment of such prop- , which bond shall be filed in the office of the county clerk of the property; provided further, that such person shall make a full and verified return of such property to said court, and file the same in the office of the county clerk within one year from the death of the decedent, and within tax at: 135U that and rOMiv tin- same • ■ or iiniT' test oi • r :illi>\v.i' \. or ftpp r re- cniii|n n- ■ :i.i above th< '•all In- ; -li.t tax; • are - ■ ■ il]< ted i hereon, ■ lij -lit lis r .•• nturn ! in all ■ • • pay ■ -I In tin form r tin m i mi • ■ - ■ r if 1354s TAXATION. Act 4035. §§ 10-12 thereon, upon the market value thereof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, eific legacy or property sub- ject to tax to any person until he shall have collected the tax thereon; and whenever any such legacy shall be charged upon or payable out of real estate, the executor, adminis- trator, or trustee shall collect said tax from the distributee thereof, and the same shall remain a charge on such real estate until paid; if, however, such legacy be given in money to any person for a limited period, the executor, adminis- trator, or trustee shall retain the tax upon the whole amount; but if it be not in money he shall make applica- tion to the superior court to make an apportionment, if the case require it, of the sum to be paid into his hands by such legatees, and for such further order relative thereto as the case may recmire. Sec. 10. All executors, administrators, and trustees shall have full power to sell so much of the property of the de- cedent as will enable them to pay said tax. in the same man- ner as they may be enabled by law to do for the payment of debts of the estate, and the amount of said tax shall be paid as hereinafter directed. Sec. 11. Every sum of money retained by an executor, administrator, or trustee, or paid into his hands, for any tax on property, shall be paid by him, within thirty days there- after, to the treasurer of the county in which the probate proceedings are pending, and the said treasurer shall give, and every executor, for administrator, or trustee shall take duplicate receipts for such payment, one of which receipts said executor, administrator, or trustee shall immediately send to the control i r of the state, whose duty it shall be to .charge the treasurer so receiving the tax with the amount thereof, and said controller shall seal said receipt with the seal of his office, and countersign the same, and return it to the executor, administrator, or trustee, whereupon it shall be a proper voucher in the settlement of his accounts; and an executor, administrator, or trustee shall not be entitled to credits in his accounts, nor be discharged from liability for such tax, nor shall said estate be distributed, unless he shall produce a receipt so scaled and countersigned by the con- troller, or a copy thereof, certified by him, and file the same ■with the court. Sec. 12, Whenever any debts shall be proven against the estate of a decedent alter the payment of legacies or dis- tribution of property from which the said tax has been de- } 13 U^li and a refund is made a of .:■! to him liy the •Her. r or ti ■ cor- r 13541 TAXATION. Act 4035. j U thereafter to become due upon said securities, deposits Or other assets, including the shares f the capita] stock of or other interests in, the safe depo M trust company corporation, bank or other institution, making the delivery or transfer; and the payment as herein pi ,11 be en- forced in an action brought in accordance with the provi- sions of section seventeen of this chapter. Sec. 14. TVhen the value of anv inheritance, devise be- quest, or other interest subject to the payment of said tax is uncertain, the superior court in which the probate pro- ceedings are pending, on the application of anv interested party, or upon its own motion, shall appoint some compe- tent person as appraiser, as often as and whenever occasion may require, whose duty it shall be forthwith to {rive such notice by mail, to all persons known to have or claim an interest in such property, and to such persons as the court may by order direct, of .the time and place at which he will appraise such property, and at such time and plaee to ap- praise the same and make a report thereof, in writir," to said court, together with such oth r facts in relation there- to as said court may by order require to be filed with the clerk of said court; and from this report the said court shall by order, forthwith assess and fix the marSt vanle and^he^o 311 , 63 ', ^T 1803 ' bef l UPsts - or other interests, and the tax to which the same is liable, and shall immedi- ately cause notice^ thereof to be given, by mail, to all par- ties known to be interested therein; an the value of every future or contingent or limited estate, income, or interest shall, for the purposes of this act, be determined by the rule, method, and standards of mortality and of ra l ae that are set forth in the actuaries' combined experience tables of mortality for ascertaining the value of policies of life insurance and annuities, and for the determination of the liabilities of life insurance companies, save that the rate of interest to be assessed in computing the present value of all future interests and contingencies shall be five per cen- tum per annum; and the insurance commissioner shall on the application of said court, determine the value f such future or contingent or limited estate, income, or interest upon the facts contained in such report, and certify the same to the court, and his certificate shall be conclusive evidence that the method of computation adopted therein is 1 correct. The said appraiser shall be paid by the county treasurer out of any funds that he may have 'in his hands on account of said tax, on presentation of a sworn itemized . $5 li-17 TAX \T!< oral ami on the certificate of the rilv employed in - tual :tnj ■ r, ad- min any l< iin aaor, hundred • .1 in the county in which is si t- I n in the • v in wh ■ lic- and in • 13511c TAXATION. Act 4035, §§ 18, 19 lour of said Code of Civil Procedure for filing a Iranscript of an original docket. Sec. 18. Whenever the treasurer of any county shall have reason to believe that any tax is due and unpaid under this act, after the refusal or neglect of the persons interested in the property liable to sai 0UO annually shall be paid into the state treasury to the en dit of the general fund thereof. Sec. 26. Every officer who fails or refusi s to perform. within a reasonabli time, any and evi ry duty n squired by of this act, or who fails or refuses to make s»nd
  • < r h< r ■ r, or any ehild or chi of ( OT t<> :i mutually ■ purj - ■ • ur> r md all admini \ i • 1 • d, tl than live nun . or t: suixi. i ply to :ill property which lias passed, b; or tr ' al Of tbi in. nt I March -In ciVi \ -uch <>r loani are liabl< •. 11. Wh< n the valu< tax \* 01 proci ■ v r • i lain an ii In will ■ in wi in r> • led with tin .-1. rl: | front t i. 1 fix tin' mark nil Lntai or ■<, and tl I w n to I ■ • and <>t" value that policies of lif<' insui u • the liabilitira of ]ii . in computing II. on thi valu< future or or i • mo to the court, therein ■ court, at oally and n< cessaril ■ i • endmenl approve d In i iT. et Immediately.] 1363 TAXATION. Act 4040, §§ 12-15 Sec. 12. Any appraiser appointed by virtue of this act, who shall take any fee or reward from any executor, admin- istrator, trustee, legatee, next of kin, or heir of any dece- dent, or from any other person liable to pay said tax, or any portion thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred and fifty dollars nor more than five hundred dol- lars, or imprisoned in the county jail ninety days, or both, and in addition thereto the court shall dismiss him from such service. Sec. 13. The superior court in the county in which is situate the real property of a decedent who was not a resident of the state, or in the county of which the dece- dent was a resident at the time of his death, shall have jurisdiction to hear and determine all questions in relation to the tax arising under the provisions of this act, and the court first acquiring jurisdiction hereunder shall retain the 6ame, to the exclusion of every other. Sec. 14. If it shall appear to the superior court, or judge thereof, that any tax accruing under this act has not been paid according to law, it shall issue a citation, citing the persons known to own any interest in or part of the property liable to the tax to appear before the court on a day certain, not more than ten weeks after the date of 6ueh citation, and show cause why said tax should not be paid. The service of such citation, and the time, manner, and proof thereof, and the hearing and determination there- on, and the enforcement of the determination or decree shall conform to the provisions of chapter twelve of title eleven of part three of the Code of. Civil Procedure; and the clerk of the court shall, upon the request of the dis- trict attorney or treasurer of the county, furnish, without fee, one or more transcripts of such decree, and the same shall be docketed and filed by the county clerk of any county in the state, without fee, in the same manner and with the same effect as provided by section six hundred and seventj'-four of said Code of Civil Procedure for filing a transcript of an original docket. Sec. 15. Whenever the treasurer of any county shall have reason to believe that auy tax is due and unpaid under this act, after the refusal or neglect of the persons interested in the property liable to said tax to pay the same, he shall notify the district attorney of the proper county, in writing, of such failure to ' pay such tax, and 1»1 ■ ■ ' ■ audi r this t» ■ ■ ■ I II rollout nn«I pei 1365 TAXATION. Act 4-41 three per centum r>n the Di xt fifty thousand dollars so pai-1 and accounted for by him, and one rx r centum on all additional sums so paid and account* d for by him. Sec. 20>A. The treasurer of each county, in his die fcion, for the better furtherance of the purposes of this act, shall be allowed to employ such special attorney or attorneys, as he may deem accessary, who shall have all the authority conferred upon the district attorney by sec- tions 14 and 15 of this act, and such attorney shall be paid (for his Bervices) out of the fees now allowed the treasurer as provided in section 20 of this art, and that ia no case shall such compensation exceed the per centum allowed as such fees. [New Bection approved February ;. Stats. 1903, p. 55. in effect immeditely.] Sec. 21. Any person, or body politic or corporate, shall, upon payment of the sum of fifty cents, be entitl. a receipt from the county treasurer of any county, or a topy of the receipt, at his option, that may have been given by said treasurer for the payment of any tax under this act, to be sealid with the seal of his office, which receipt shall designate on what real property, if any, of which any decedent may have died said tax has been paid, and by whom paid, and whether or not it is in full of said tax; and said receipt may be recorded in the clerk's office in the county in which said property is situ- ate, in a book to be kept by said clerk for such purposo, which shall be labeled "Collateral Tax." Sec. 22. All taxes levied and collected under this act shall be paid into the treasury of the state, for the uses of the state school fund. Sec. 23. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ACT 4041. An act empowering boards of supervisors of any of the several counties of the state of California to levy a special tax for the purpose of displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state. [Approved March 23, 1901. Stats. 1901, p. 589.] Act 4042 TAXATION. 1TO6 The people of the state of California in senate and assembly, do 00 1. 'I !u- 1 ■ • : ! r < i s of Bap f the i'< unities within the st.-.- r any of them, are by authorised and empowered to l< •i.-il tax <>n tin- taxable property within their r< for the ; ag tea thou- : d"llars i tor collecting, pr< maintain! exhibition ■ ti' 1 for the : imii purposes in i hundri <1 < 1 > » 1 1 ■■. ■ y in the cou aty, aent roll. ACT 4012. Aji act j for tlm levy of a special tax fbi public I law un.i. r CO il pro\ r's approval, March 15, 1901. t The people of 1. Whenever it shall be determined by the • any municipality within California that th< • ■ of any municipal i works, - plants, buildings f<>r nun : work, or otb< r • the municipality, • e paid »ul of tin be r such i:ii| : thi sum ir.,1 dollars, may be ■ ion v. it i. tmn allowi '1 1 ' -. in. body of a municipality th< 1367 TAXATION. Act 40« tax shall be submitted to the voters of the municipality at any general or special municipal election, or at a special election to be held for tbat purpose, and if two-thirds of the votes cast upon the proposition of levying such tax shall be in favor of the levy thereof, then the levy shall be made; otherwise, the tax shall not be levied. Upon the ballots used at such election, the proposition to be voted for shall be stated in appropriate words and the same arranged so that the voter may indicate his choice upon the proposition. If a special election is held, the same shall be held and conducted as are other elections within the municipality. Sec. 3. At least two weeks before such election is held the legislative body of the municipality shall adopt an ordinance calling and providing for the same, wherein it shall be stated: 1. The nature of the proposed improvement for the cost of which the special tax shall be levied; 2. The total amount of money to be raised for such improvement; 3. The annual rate of taxation to be levied. Sec. 4. At the time fixed by law for the levying of taxes within the municipality, the legislative body thereof shall include the special tax herein provided for, which shall be the rate specified in the ordinance cailing said election, nor shall it be levied for a longer period of years than shall be sufficient to raise the amount of money speci- fied in said ordinance. The proceeds of said special tax shall be set apart in a special fund and shall only be ex- pended for the purposes of making the improvement stated in said ordinance; provided, that any balance remaining after said improvement shall have been fully completed and paid for may be transferred to the general fund of the municipality. Sec. 5. This act shall not be deemed to repeal, conflict with or modify any provision of any statute of this state concerning the incurring of a bonded indebtedness of mu- nicipalities for public improvements. Sec. 6. This act shall take effect immediately. ACT 4043. An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities -. 55 1.2 of tin rni.i, : i.itioti aad abolition oi t:iii provide that ta< ■ ■ b county n ii. i- r« .1 to such manioipaJ [\ . p. 819.] -non council, or iration or • far doty to fix . ai ;i r. •. ..h muni ;li. r iihI. b i of -K.i II lis and ■ i . . : : . board ol in which Bach mui ch county until - municipal ■ ; oard "f trusti i ; '. oi unicipal ) in • • th« f which has !>• i n ' . • 1 ■ • • t ■ . 1 to ■ ' the ■ rjioration ' r sli all • • nta show- g and '"ling of such I, I j an order Bpi taxes of n I he hands of the : tu the county • nt shall • five thousand Dt for all [Am'd. • -iinn coun- cil, irporation lelf of the pro- visions section .;.. rvison I the imposing lurtb of one ::.nney . in to the i, common coun- cil, >>r other legislative body of any municipal eorpor it city in i •-, ;f f the pro- -- :!:■! • qaalizatioD of lik< ol ; and tin- mm i itioii tfci levy an.; I w of tax- • i. t. ika . upon li I by law n of tax*-* on lik ill beromr - an.l p.nalti.-;, a shall :nn-r M ■ law for the collection lent ■ ■• Jlo-w as • • ■ ■ no limitation or limitations as ,, which t , 1805. Stats. 1895, p. 94.] The people of the state of California, represented in senate and assembly, do enact as follows: Section ]. That all sums heretofore paid by the state to a.iy person for compensation or commission to pel for collecting delinquent state and county taxes in pur- suance of an agreement by such persons with the •controller and attorney-general for Bttcn collections, and all sums heretofore paid by any board of supervisors o it of the county treasury as compensation or commission-, for collecting such delinquent taxes in pursuance oi an agreement by such persons with such boards of supervisors, are hereby approved and legalized. Sec. 2. This act shall take effect and be in force from ami after its passage. ACT 4047. To abolish commissions or fees paid by the state for the assessment equalization, auditing, and collection of av tho stnto t< X nn'i-s and for 1 'i<>n <>f taxe*. [Approved M "■», p. 56.] ACT I An : tnre oi the state of 1 "An act in relation to I npon personal pn in t Francisco," approved reh 18, l£ rm t<> tli> n r •'. Code in re> • ' : and • in relation t.. ttio | rOp< r: v in t !. ' approved Mar h four, is hi r> !■ 1. Ml conntii • I • provisions of the . • realization, : prop* rtv in relation to r intief and ' in conflict with this • ■ rv. ... . . , pll V. Pit'S- ACT 4052. animals. [Approvi d W ■ | .71 L] 1377 TAXATION. Act 4052, J§ 1, 2 Attempted to be modified by 1S73-4, 376, which was, however, de- c-land unconstitutional in People v. Townsend, 56 Cal. 634. The de- cision seems applicable to both statutes. Cal. Rep. Cit. 143, 432. Assessment of animals temporarily pasturing in any county. Section 1. Whenever any person residing in any county of the state, and owning any neat cattle, horses, mules, sheep, or goats therein, shall drive the same from the county where he resides into any other county, for the purpose of temporarily pasturing the same, all such ani- mals shall be assessed in and for the county where such owner resides, although the said animals shall not be at the time of said assessment in said county in which he may so permanently reside; and such owner shall in- clude such animals in his assessment list, and the assessor of the county where such stock are so temporarily grazed shall list the same, with a full description of each kind and the number of the same; and for the purpose of mak- ing such list, the assessor shall have power, and it is hereby made his duty, to examine on oath the person or persons owning or having charge of such cattle, horses, mules, sheep, or goats, touching their number, ownership, and to whom and in what county, if any, they have been assessed for taxation. The list made out as aforesaid by the assessor, together with a full statement of the same, shall be signed and s'tin to by the person or persons owning or having in charge such stock. Duties of assessors and treasurers. Sec. 2. The assessor shall file a copy of said list of such stock with the county treasurer of his county, and another copy with the treasurer cf the county in which the said stock was hist listed and assessed for taxation. Upon filing the lists aforesaid, with the sworn statement therein that the stock specified in said lists has been pastured or used in the county mentioned therein during the grazing season, with the treasurer of tne county in which it was assessed for taxation, said treasurer shall pay, on the order of the treasurer of the county in which the stock was so pastured or used, one-half of the amount 01 taxes paid in on the said stock, less the cost of collec- tion. Gen. Laws— 87 Aeu * . TAX at: . i trta >>f BCtn in conflict \nth this t with this :i r. i.y I. This act shall take ■ nml after its pas- ACT IMS. T.i ■ ir bands litable distribution of the • March Tfl, 187 . :<• v. To* A<"T POM. Tn r r mm tr\> I A as t.iifi on notes s»- ir» ITO an.1 OIL ACT 4065. St a I r- M «rt ralMatad the procixMinics of tax oollccUra In ACT I to the etnto. Th ! « ■ lor 1 ; ■ i irnv# mr> yrar * ACT 4067. I th* st*to. - 1.1 This act gave taxj avers tho rlgtit ACT 1058. ting r< li< f to taapayeiB whose lands bswe !■• • P- '•'•] 37S0. as imcn.W ISSt, This act gave a right of r 1379 TAXATION. Acts 4059, l.*0 ACT 4059. An act to confirm, validate and legalise certificates of tax sabs ami lax deeds executed to the state of Cali- fornia for property sold and deeded thereto for non- payment of taxes. [Approved February 28, 1903. Stats. 1903, p. 63.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. That all certificates of tax sales and tax deeds made to this state by the county tax collector, which • ertificates and deeds are based upon the sale of property for nonpayment of taxes, and which certificates and deeds fail to recite the correct date, or any date, when the right of redemption will expire, or had expired, or which cer- tificates recite an incorrect date when the state would be entitled to a deed, be and they are hereby confirmed, validated, and legalized, and the same shall be construe 1 and operate at all times and upon all c asions in law in the same manner as if such matters and things required by law had been recited therein and performed in the. first instance; provided, that in all cases five years shall have elapsed between the date of sale of the property to the state for nonpayment of taxes and the date of the execution of such deed. Sec. 2. This act shall take effect immediately. ACT 4060. An act authorizing and providing for suits for the col- lection of delinquent taxes due upon personal prop- erty. [Approved March 13, 1903. Stats. 1903, p. 130.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Each county and city and county may sue in its own name for the recovery of any and all moneys due or hereafter to become due as delinquent taxes upon any and all personal property, where no real property is assessed as security for the payment of such personal property taxes, or where, in the judgment of the board of supervisors, there is not sufficient real property as sessgd to secure the payment of such personal property taxes, whether the same be for county or city and county, Actrttt TAXVTT and lUte pUT| -nil penalties . Bait thi ment ■ the plain- tiff '■ rigl • for the collection of d nnd( r the !. 4. All 01 of tfl of rnia. . iin- A 11 i lit in : Sriiitf- 1880, p. 136 (Ban. ad. -)-J ■•p. SS70, •.« !KSJ, at. It.) On the point tut to ■ C», «8; 1 171; 91. «M; * 60. aint in In an. * com- ■ in this - in ISP TAXATION. Acts 4062, 40B3 shall be prima facie evidence of the plaintiff's right to rccovf r: (Title of court.) (Name of plaintiff) vs. (name of de- fendant.) PlaintiiF avers that defendant is indebted to plaintiff in the sum of $ (naming- the amount for county, or city and county), taxes, with five per cent penalty added thereto for the non-payment thereof, an'l interest thereon at the rate of two per cent per month from the (date), and fifty cents costs of advertising. Plaintiff further avers that defendant is indebted to plain- tiff in the farther sum of $ (naming amount), for state taxes, with five per cent penalty added thereto for the nonpayment thereof, and interest thereon at the rate of two per cent per month from (date), and fifty cents costs of advertising, which said taxes were duly assessed and levied upon (the real or personal) property of said defendant, to wit: (describing property as assessed), for the fiscal year (naming the year). Wherefore, plaintiff prays judgment against said defendant, for said several sums, with interest and penalty as aforesaid, and costs of suit. (Signature of attorney.) And in any case where the defendant is sued in a rep- resentative capacity, such other further or additional al- ii gatioHS as may be necessary to charge him in such capacity; and it is further provided, that any county, or city and county, where such taxes are delinquent, may sue in its own name for the recovery of delinquent taxes, whether the same be for county, or eity and county, and state purposes^ or taxes, or cither of them. Sec. 2. This act shall take effect and be in force from and after its passage. ACT 4062. To protect the county treasuries of certain counties. [Ap- proved March 16, 1874. Stats. 1873-4, p. 393.] This act provides that the assessors of Siskiyou, Calaveras, Ama- dor, and Alpine counties should pay the salaries of deputies employed by th( m. it was probably repealed by the County Government Act. ACT 4063. Firemen in certain counties, to be exempt from payment of poll tax. [Stats. 1873-4, p. 731.J Rep' i - 7. This act exempted the firemen of the counties of Nevada, Placer, El Dorado, Alameda, and Siskiyou. Act* 4< RTT. TITLE 494. THII \.M \ i'mI'NTY. ACT I To t rind prr- • >--<»in£ of animals in. Am'- I 17«. rhnp rXXXVI end lf»7, 1M. a; troy law of 1901. 6M." — <"oie Cimml'^l ■ ACT 1069. r of. [Stats. • ACT ; -ntion of. [Stats. •ting net of ACT 1871*8, p. - ACT ■ t 1*^7. 4i2. etc. 193. ■ I ACT ?■ r, '» 1 ACT Pari tion f< nc< i In. "■! ACT Autl I of Trhama ("minty from 0att4 oouutiis. p. 151.] ACT 1 tax. p. )•"■!. 1 A* • 1«J by County Government ACT pltal poji tax. [Stata 1*77 -8, p. 81L] • .. u i imul Ait*. 13S3 TEHAMA, TOWN OF— TELEGRAPH LINES. Acts 4078- W12 ACT 4078. Eedistricting and reorganizing board of supervisors. [Stats. 1873-4, p. S16.] Superseded by County Government Acts, see 1897, 452. ACT 4079. Making treasurer of ex-officio tax collector. [Stats. 1873-4, p. 796.] Amended 1875-6, 232. Repealed by County Government Acts, see 1897, 452. ACT 4084. TITLE 495. TEHAMA, TOWN OF. To prevent hogs from running at large in. [Stats. 1873-4, p. 776.J Repealed 1877-8, 79. TITLE 496. TELEGKAPH LINES. ACT 4089. Concerning telegraphic messages and to secure secrecy and fidelity in the transmission thereof. [Stats. 1S61, p. 380.] Superseded by statute of 1S62, 288. ACT 4090. For regulating telegraphs and to secure secrecy and fidelity in the transmission of telegraphic messages. [Stats. 1862, p. 288.] Amended 1863-4, 232. "As to Penal provisions, superseded by Penal Code (see sees. 019- 621, 6S0; Civil Code, sec. 1017); but section 17, relating to contracts and communications, probably remains in force." — Code Commissioners' Note. ACT 4091. Providing for the construction of a telegraph line be- tween the Atlantic and the Pacific. [Stats. 1S65-6, p. 102.] ACT 4092. Providing for the construction of a telegraph line from San Jose to San Bernardino. [Stats. 1865-6, p. 808. J Amended 1867-8, 530. AcU W93-4104 TH1 ACT 4093. Authorizing telegraph nd WUmlng- S7.] ACT 1094. intention to i 187] -. p. '.'7. J TITLE 497. THE \1 ACT An Ml making it unlawful I Ion to places of a 111: [Approved U I Cool*. 1*06. 8e« not* to | £>" ■ nl.iwful for _• n ta iblio ainn.si iii' nt oi any u t ■ ir ' c| ! '. v !'" r '' my n i and< r I |i wd <>r immoral • may I lr.nn any sin-li pi BU nt. Any pel place <>( amui ■•ill. d to r from dollars in addition .;. Tms aot shall I I Lmmi di. TITLE 498. THJ act not. nt pi D of In 1 • I Alameda. lo83 TLA JUANA FLOOD— TORUKXP T.AXD SYSTEM. A I TITLE 499. TIA JUANA FLOOD. ACT 4109. Appropriation for the benefit of the sufferers of the Tia Juana flood. [Stats. 1891, p. 450.] Unconstitutional. (Patty v. Colgan, 97 Cal. LSI.) ( ■ ■ i TITLE 500. TORItENS LAND SYSTEM. ACT 4114. An act to create a special commission for the purpose of examining and reporting to the thirty-first session of the legislature on the Terrens land transfer act of Australia, and making an appropriation therefor. [Approved March 9, 1S93. Stats. 1893, p. 121.] Section 1. A special commission of five persons, four of whom shall be members -of the legal profession, is hereby created for the purpose of examining the methods of land transfer and registration as existing under the Torrens land transfer act of Australia, and of preparing a system for the state of California in accordance with said act; and of reporting the same, with an opinion thereon, to the thirty-first session of the legislature of the state of California. Sec. 2. The members of such commission shall be ap- pointed by the governor within twenty days after the passage of this act; and within ten days from such ap- pointment said commissioners shall meet and organize themselves into a board, at the place in w T hich the majority of said commissioners shall have their residences. The members of said commission shall receive no salary. Sec. 3. The state printer shall print such reports as said commission may make. Sec. 4. There is hereby appropriated the sum of five hundred dollars ($500) out of any money in the stata treasury not otherwise appropriated, for the contingent expenses of said commission, and the state controller shall draw a warrant on the state treasurer for such sum; Sec. 5. This act shall take effect immediately. 15, 85 1-5 t- ' j i:m. ACT 4115. An m of l.in.1 titles and the sim- plification oi p. 138.] - ■ . r. ^ist rars. [en in the titles i" their .1 tii, ir •!<]>! : )»• li rk hire, !">'! ;H.| tin ii this if titlis shall 1"' ■ !,y law to 1' ' ■ riii!,' their iluti' s, shall alM ■ ami •I. t"ul dis trars, w h< • addit ios . nil 'I mthI all duties of Mar, and the i«li il« put ii II shall be hi hi to h trar. Tar and ir, apoa diligont ■ male, that he is of the full nge is of the full in is madi by ;i . . . - :• irporated . • ' - i • the appliea- is corn- most ao I plat or plan of - must tht> map :f at all. mpani< >\ bj an al .1 by tl r n ••, as cor- I by aball Ix sofflelenfc. uris- , IlleSS . . .. ; , . I to make or furni title until after entering into an the t h n n i Ir.'m time to - shall b< r. COrd*d in 1 1 : in the ^aid ■ r or - shall v of the I •■ i.ties 1389 TORKENS LAND SYSTEM. Act 4115, §§ 7-13 for the whole sum. Said bond shall be renewed as often, at least, as once in every period of three years. Registration of fee simple must precede all else. Sec. 7. No mortgage, lien, charge, or lesser estate than a fee simple shall be registered unless the fee simple to the same land is first registered. Registration not to be raised because of incumbrance. See. 8. It shall not be an objection to bringing land under this act, that the estate or interest of the applicant is subject to any outstanding lesser estate, mortgage, lien, or charge; but every such lesser estate, mortgage, lien, or charge shall be noted upon the certificate of title and the duplicate thereof, and the title or interest certified shall be subject only to such estates, mortgages, liens, and charges as are so noted, except as herein provided. No registration based ou tax title until after five years adverse possession. Sec. 9. No title derived through sale for any tax or as- sessm< fit shall be entitled to be first registered, uuless it shall appear to the satisfaction of the court, upon the hear- ing of the application, that the applicant, or those through whom he claims title, have been in the open, actual, con- tinuous, uninterrupted, undisputed, exclusive, and adverse possession of the land under such title at least five years, and have paid all taxes and assessments legally levied there- on for five successive years. Amendment to application verified. See. 10. The application may be amended only by peti- tion verified as in the case of the original. Such amend- ment may be ordered by the court on its own motion, or upon the motion of any person interested in the proceed- ing. Filing of application to be notice to subsequent purchasers. Sec. 11. The filing of the application in the office of the county clerk shall be sufficient notice of the same to all subsequent purchasers or incumbrancers without the filing of a lis pendens in the office of the recorder. Court to dismiss application, or set it for hearing. Sec. 12. The court shall, in its discretion, examine the abstract itself, or refer the same, as provided in section eighteen of this act. If it shall appear to the court, from M from th. • ' and • ■ ■ ' I ■ into thr ■ ■ Ms appi 1.. raa f> ree appo " - all 1-'- ent< red by the court until tl II be fill >1 in the pi re of 1 be appli- cant ibjeci i<> rticularly ■ ■ ■ term "1 ■ y \vitli«lr 'i upon payment of : .-. r! Lflc I ' titlo. ill feea an) time oi i iil<-: Written BJ .•....-■;. r of t lu- rk shall ; r the pu: liis application. On transfer of interest or death >>f applicant, proceedings ma) 1" contli • ir any dii ability of t h<» applicant, on motion, may allow the pi atinned r in int. n -t. I ti liter- f t ho Mai appl ; raoa to •rhom the tr I is th< pro- Dg. ! of particulars of i immedi - aim for thai purpose, show i ime of the person to whom tl and min d to i- d, and the and peg the original ccrtifi 1 or 1< .1. 1393 TORRENS LAND SYSTEM. Act 4115, §§23, 'A Certificate of title to be in duplicate; its contents; original to be retained by registrar. Sec. 23. Every first and subsequent certificate of title shall be in duplicate and number consecutively and bear date the year, month, day, hour, and minute of its issue, an i be under the hand and official seal of the registrar, one copy of which shall be retained by the registrar and be known as the original, and the other shall be delivered to the owner, or person acting for him, and be known as the duplicate. It shall state whether the owner, except in th-j case of a corporation, executor, administrator, assignee, or other trustee, is married or not married, and the name of the husband or wife. If the owner is a minor it shall state his age; if under any other disability, the nature of the dis- ability. If issued to an executor or administrator, the cer- tificate shall show the name of the deceased testator or in- testate; if to an assignee in insolvency, the name of the insolvent. The registrar shall note at the end of the cer- tificate, original and duplicate, in such manner as to show and preserve their priorities, the particulars of all estates, mortgages, liens, incumbrances, and charges to which the owner's title is subject. Form of certificate. Sec. 24. No particular form of certificate of title is required, but the same may be, subject to such changes as the case may require, substantially in the following form: State of California, Countv of A. B. (state occupation and residence, giving street and number), state of California (if an administrator, give the name of the deceased; if a minor, give his age; if under other disability, state its nature), married to (name of hus- band or wife, or if not married so state), is the owner of an estate in fee simple (or as the case may be) in the fol- lowing land (insert description contained in the decree). Subject, however, to the estates, easements, liens, incum- brances, and charges hereunder noted. (In case of trust, condition, or limitation, say "in trust," or "upon condi- tion," or "with limitation," as the case may be.) 1. Mortgage to C. D. for the sum of $ , dated , payable after date, with interest at per cent per , interest payable ■. Gen. Laws— 88 Art 4115. 5§ 25-27 TOi ' :*• 2. M. ehtWJC 's H< n in favor ..f X. V. for $ . filed . -issin. nt fur LmproveoMBi of - $ , due . - nces or charp'8.) In w ■d IllV iifl'i.-iiil - afllx«.l this .lav ..| , • r the county of furnia. [S,.l] Tenants in rvimmoi I n .-ill eaeee p pi r««ns i titl- Sli.i. i.h may i ii is undh consolidate at v. ml nr .h\ id of land held un- ilir on rtifleate, :in laii'l. M M < ■ ral • . Ian.], iu accordance nith euofa application, :i ■.tly wit. • n.| that may I" included in nno •■■ an. I ujM.n ' f ifing ich land - r ' d op -i memorial, un.l folium oi ■ d. . a by ot lont dui the court for an order tii«>n i h applic noti< •• t.> !•• given to tueh [xnunt, and time as 1305 TORRENS LAND SYSTEM. Act 4115, §5 28, 29 it may deem proper. If the court is satisfied that the ap- plicant is the person named in the original certificate on file in the registrar's office, and that the duplicate certifi- cate has been lost, mislaid, or destroyed, the court shall make an order directing the registrar to issue a certified copy of the original certificate to the apjdicant. A certi- fied copy of such order shall be filed in the registrar's office, who shall thereupon issue to such applicant a certi- fied copy of the original certificate, with the memorials and notations appearing upon the register, and shall note upon the register the fact, cause, and date of such issue, and shall also mark upon such certified copy: "Owner's certi- fied copy, issued in place of lost (mislaid, or destroyed, as the ease may be) certificate," and such certified copy shall stand in the place of, and have like effect, as the missing duplicate certificate. In case of a lost certificate, no transfer of the land shall be made until such certified copy is issued by the registrar. A certified copy of the certificate of title may be issued by the registrar for use as evidence, upon the receipt by him of an order therefor made by the court; provided, that such certified copy shall have writtt - or stamped across the face thereof the words "For use as evidence only." The issuance of such certified copy and the purpose thereof shall also be noted upon the original certificate by the registrar. Change of name or of description to be noted on order of court. Sec. 28. If an owner's name or description is incorrectly registered, or becomes changed (e. g. by marriage, adop- tion, divorce, etc), the court, upon the filing of an appli- cation and proof of facts in the manner set forth in sec- tion twenty-seven of this act, and the production by the owner of the duplicate certificate, shall order the registrar to issue a new certificate, with such changes as the case may require. The Kegister of Titles. Original certificate to be entered in register; memorials to be on latest certificate. Sec. 29. The registrar shall keep a book, to be known as the "Kegister of Titles," wherein he shall enter all original certificates of title, in the order of their numbers, with appropriate blanks for the entry of memorials and no- tations allowed by this act. Each certificate, with such blanks, shall constitute a separate folium of such book. Act 4116. |{ 30-33 BM All m< n, upon th>> r. <1 apon •itlo "Ti v >t' wlii.-li it i* n dopli- •: for da] nee. • v duplicate c< rtil • by • • ■ of t I onfri»a njon cortifiraf I or ■rill be . ; win ii r ir shall • title, in dapl volm foliam oi mriv Trai n new wrtifl tion t" ' ■ >r. 11 he I uii.li r • IN W ''' r- the ration; and all other • I when the memorial or i tion f> 1 . a 1 1 I in the ■ tho land ■ tra* whii'h tl Part; otl - himself 1397 TORRENS LAND SYSTEM. Act 4115, §§ 34, 35 pertaining to the first registration of land, or any subse- quent transfer, or charge upon the same, or failing, or ueglecting, or refusing to file any instrument, or to enter or cancel any memorial or rotation, or to do any other thing required of him by this act, may file a complaint in the superior court making the registrar and other per- sons, whose interests may be affected, parties defendant, and the court may proceed therein as in other cases, and make such order or decree as shall be according to equity and the purport of this act. A certified copy of sneh order or decree shall be presented to the registrar; who shall file the same and make such entry thereof as by this act required. Effect of Registration. In absence of fraud, title to be subject only to noted in- cumbrances; exceptions. 8ec. 34. The registered owner of any estate or interest in land brought under this act shall, except in c.is< di fraud to which he is a party, or of the person through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the registrar's office, and free from all others, except: 1. Any subsisting lease or agreement for a lease for a period not exceeding one year, where there is actual oc- cupation of the land under lease. The term "lease" shall include a verbal letting. 2. All public highways embraced in the decription of the lands included in the certificate. 3. Any subsisting right of way or other easement, how- ever created, upon, over, or in respect of the land. 4. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. 5. Such right of action or claim as is allowed by this act. 6. Liens, claims, or rights arising under the laws of the United States, which the statutes of California cannot require to appear of record upon the register. No adverse possession after registration possible. Sec. 35. After land has been registered no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession. Act 4115. }S 36 40 TORRENS L.V KM. " UM l'r< sumption of good faith in B r< «1 land. S. r. Sfi. K\ ■< j.t in eat otherwise provided, n tercd land, or anj any efcarge apon thai] eitj t.. ■■ - ■ ir the ron-i.j. r which, such d <>t\ rif-r was r .. r be afl a d nw aer taking Mill ration, or oi any ; ni m. in. denee in anil purr: uf any land . 1399 TORREN3 LAND SYSTEM. Act 4115, §§ 41-44 this act against a person who may have contracted to purchase such land, not having notice of any fraud or other circumstances which, according to the provisions of this act, would affect the right of the vendor, the certificate of title of such registered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or deSCCibccL In ejectment or partition suits, certificate is conclusive evi- dence. Sec. 41. In any action or proceeding brought for eject- ment, partition, or possession of land, the certificate of title of a registered owner shall be held in every court to be conclusive evidence, except as herein otherwise pro- vided, that such registered owner has a good and valid title to the land, and for the estate or interest therein men- tioned or described, and that such registered owner is entitled to the possession of said land. The register to be received as evidence. Sec. 42. The register of any land, and duly certified copies thereof, shall, except as herein otherwise provided, be received in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the es- tate or interests therein specified. Memorial to be noted until cancellation. Sec. 43. Whenever a memorial has been entered, as permitted by this act, the registrar shall carry the same forward upon all certificates of title until the same is canceled in some manner authorized by this act. Dealings subsequent to first registration subject to act. Sec. 44. All dealings with land or an}- estate or interest therein, after the same has been brought under this act. and all liens, incumbrances, and charges upon the same subsequent to the first registration thereof, shall be deemed to be subject to the terms of this act, and to such amend- ments and alterations as may hereafter be made. The bringing of land under this act shall imply an agreement which shall run with the land, that the same shall be sub- ject to the terms and provisions of the act and of amend- ments and alterations thereof. US. || 46-47 RENfl LAND SYSTEM. 1*M Piv«j years' Limitation to briaging of action affecting reg •I la ml; i thai] commence any action at law or in eqaity for the recovery of land, or nss. rt any in- luii oi demand n|s>n • . or make entry thereon a. p. the title or interest certified in 1 1 • hC land umh r tinn w itiiin t: Fter the first registra- ■ pi ion to this rul<- that the •inn or make the entry i-i an infant, lunatic, Of IB nndei lolity, hut action may bl brouj neon by !. friend or I ■■Han. It shall l>c the dutj 'iian. if ' .■■ ard w hei .', ard 'a r provided, however, before neb action oiirt that • under whom he proce< claim rl ■ n lifter th. r at any tim. lid first r ii, and not It shall be the duty of a 1401 TORRENS LAND SYSTEM. Act 4115. §§ 48 . 1 life tenant or trustee to file such claim on behalf of any remainderman or reversioner, whether the remainder or re- version be at the time vested or contingent, and of a guar- dian to file such claim on behalf of his ward. Transfers. Title passes on filing of deed and of duplicate. Sec. 48. A registered owner of land desiring to trans- fer his whole* estate or interest therein, or some distinct part or parcel thereof, or some undivided interest therein, or to grant out of his estate an estate for life or for a term of not less than ten years, may execute to the in- tended transferee a deed or instrument of conveyance in any form authorized by law for that purpose. And upon filing such deed or other instrument in the registrar's office and surrending to the registrar the duplicate cer- tificate of title, the transfer shall be complete and the title so transferred shall vest in the transferee; thereupon, the registrar shall issue in duplicate and register, as here- inbefore provided, a new certificate, certifying the title to the estate or interest in the land desired to be conveyed to be in the transferee, and shall note upon the original and duplicate certificate the date of the transfer, the name of the transferee, and the volume and folium in which the new certificate is registered, and shall stamp across the original and surrendered duplicate certificate the word "Canceled," in whole or in part, as the case may be. New certificate to issue for remainder, if but a. parcel be transferred. Sec. 49. When only a part of the land described in n certificate is transferred, or some estate or interest in the land is to remain in the transferrer, a new certificate shad be issued to him for the part, estate, or interest remaining in him. Time of filing to be noted on instrument. Sec. 50. The registrar shall mark as filed every deed, mortgage, lease, and other instrument which may be filed in his office, in the order of its receipt, and shall nole thereon at the date of filing the minute, hour, day, and year it is received. When the date of filing any instrument is required to be entered upon the register, it shall be the same as that indorsed upon suc,h instrument. T<'!:P.KNS I.ANIi SYSTKM. )* I fatten instrunu • rs required d in the offl • ' kept in sneh office, ami • by a subpoena dueei • i up.m t ' - ir by a - fee i, a copy - ich an instruinrnt. veirh all memoranda, memo- . duly f, rtifi< 'I under his if shall, hnwrvi r. nil •■ ' - :.y. " Such eon ace. tilled ■bail !"• f tbe original, and as . \ i- M tin- original in- s, and ■ d in n ' land and i - th< rein. B t .>t' the In land described t lur -in. But .in dnly eel ntially ii "1 .1 in hand an-1 , . " shall be sufficient rttfeate i and no- tn< nta pn • the pen i aU notices retatii the land th. r Tbe addi ... .1 from I filing wit.. 1403 TORUENS LAND SYSTEM. Act 4115, §§ A-ot Instrument affecting registered land to be but a contract until registered. Sec. 55. A deed, mortgage, lease, or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with registered land, or any estate or interest therein, or charge upon the same, other than a will or a lease not exceeding one year where the land is in the actual pos- session of the lessee or his assigns, shall take effect only by way of contract between the parties thereto, and as authority to the registrar to register the transfer, mortgage, lease, charge, or other dealing upon compliance with the terms of this act. On the filing of such instrument, the land, estate, interest, or charge shall become transferred, mortgaged, leased, charged, or dealt with according to the purport and terms of the deed, mortgage, lease, or other instrument. The registrar shall immediately, upon the filing of such instru- ment, stamp or write upon the original and duplicate certi- ficates of title the word "Transferred," "Mortgaged," ' ' Leased, ' ' or otherwise, as the case may require, with the date of filing such instrument. Certificate before retransfer, etc., must show freedom from tax sale and homestead. Sec. 56. No transfer of title to land, or any estate or interest therein, or mortgage, shall be registered, if the last original certificate shows that the land has been sold for any tax or assessment upon which a deed has been given, and that the title is outstanding, or upon which a deed may thereafter be given, or if said certificate shows that the estate of homestead, if any, has not been released or extinguished, unless the transfer or mortgage is intended to be subject to such tax sale or homestead estate, in which case it shall be so stated in the certificate of title. Certificate to state marriage or representative capacity, if any. Sec. 57. Every certificate of title to land shall state whether the transferee (except when the latter is a corpo- ration, executor, administrator, or assignee), is married or not married, and if married, the name of the husband or wife. If the transferee be an executor or administrator, the certificate shall give the name of the deceased testator or intestate, and if the transferee be an assignee, the name of the insolvent. The transferee shall furnish the registrar Act 4115. 5 5 '* r » tlic i ■ ■ titled to have the land transf< rn <1 to him on tin M nd Other < Incumbram •! land must be i mtract to thi r instrument intended to lien, incui upon I I in. I. or any Inter* st tin rein, shall 1><- .|< . med tn 1- _ \g h< reina ;. •!. [ncumbrance cri :t t • .1 on filing of char • ' >n the filing nt intrnd< d to in the r . and the produc- tion of the duplii '. it appea ; hat tin' person int< od- is the title and ri^ht to ci is • t li;iv. tin >tr:ir shall mt.r upon r, and also upon the dupli- memorial • •' the purport thereof, and the ling tin- instrument, with a r thereto, by its file number, which shall 1" signed bj itrar. -i rar shall thi iti sent on file the vohiim ami folium oi tin uh.ru the memorial ia ii :i morl be deen to the same nil i It land be in duplicate or more p in- filed :. any rn . or other it— trnmmt iting or .i I land or an\ Q, is in duplicate, trip mor( Sled and ki pi in tin ir shall note upon the •i r whether I - in duplicate, trip] - tin 1 j I I >up . ' or as tin Upon the E 1405 TORREN3 LAND SYSTEM. Act 4115, §5 12*61 the date of filing and the volume and folium of the register where the memorial is entered, and deliver them to the par- ties entitled thereto. Certified copies identified as such may be issued. Sec. 62. When an instrument is not executed in a suffi- cient number of parts for the convenience of the parties, the registrar may make and deliver to each of the parties entitled thereto certified copies of the instrument filed in his office, with the indorsements thereon, marking the same "Mortgagee's Certified Copy, " "Lessor's Certified Copy," or as the case may be, and shall note upon the register the fact of issuing such copies. Such certified copies shall have the same force and effect and be treated as duplicates. Assignment of charge by filing and noting of same by memorial. Sec. 63. The holder of any charge upon registered land, desiring to transfer the same or any part thereof, may execute an assignment of the whole or an}' part thereof. The assignment of a part only must state whether the part transferred is to be given priority, to be deferreel, or to rank equally, with the remaining part. Upon such assignment being filed in the office of the registrar and the production of the duplicate or certified copy of the instrument creating the charge held by the assignor, the registrar shall enter in the register opposite the charge, a memorial of such transfer, and how it ranks, with a reference to the assignment by its file number; he shall also note upon the instrument on file in his office intended to be transferreel, and upon the duplicate or certified copy thereof produced, the volume and folium where the me- morial is entered, with the date of the entry. The trans- feree shall be entitle el to have a certified copy of the instrument of transfer, with the indorsement thereon, and in case of the transfer of the entire charge, the duplicate or certified copy of the instrument creating the charge. Release of part or whole of charge to be noted as an assignment. Sec. 64. a release, discharge, or surrender of a charge, or any part thereof, or of any part of the land charged, may be effected in the same way as above provided in the case of a transfer. In case only a part of the charge TORRENS LAND BTSTKH. '" the lai l. dieeharged, or •try shall 1" • rdingly; but win n tin win.!. irrendered at tin' tame ir shall Stamp -• instru- ment mi file, ami the memorial thereof, ;m « t thr duplicate .1. ' ' s herein provide ■!. li* pendent must . '.i «1 with registrar. ■ 1 land, or any . state or interest in tin d :i* now <>r i l.y law. and til laws with r> t'i n n • i BSOrtgagl s shall ap|.i registered land, or •" or herein otherwise provided, and exci pt that ui , in thr registrar's rial th. r • <\ on th< r, the Tar, ing with th.- land ;i ""• Attorn- ys in to deal wit red land must D< • r. any ]•■ - D rmiv. . or .1 with i land, > him .1 • . with the ind then power may ho registered in iik«' man m r. Trusts, Conditions, and Li' •at any of tin particulars. Win in \. r a .I. ' '1 i>r • - Bled in t :l in th.' r ' enecwng a i, or any 1 ;,, ami 1 from BUCh i! 1 1 1 : 1 1 ' be in trust, or U] 1 in the certificate, ami the duplicate th< 1407 TORKEXS LAND SYSTEM. Aet 4115, §S 37-71 memorial, the words "in trust," or "upon condition," or •with limitations," as the i be, but no entry shall be made of the particulars of any such trust, conditions, or limitations. Every trustee with express authority, shall have power of sale. Sec. 6S. The trustee or transferee in any such instru- ment named, if the instrument contains the words "witu power of sale," shall have power to deal with the land as the owner thereof; and a bona fide purchaser, mort- gagee, or lessee is not bound to inquire into or determine whether or not the arts of such trustees are in accordance with the terms and conditions of the trust. When such power is conferred, the registrar shall note upon the cer- tificate and duplicate thereof the words "with power of sale. ' ' No trustee, with limitation, shall sell without order of court to sell. Sec. 69. If, however, such instrument does not contain the words "with power of sale," such trustee shall have no power to sell or otherwise deal with the land without an order of court so to do, duly given and made, a certified copy of which said order shall be tiled with the registrar, and a memorial thereof entered upon the certificate of title, which shall be conclusive evidence as against all per- sons that the authority of such trustee was duly executed in accordance with the true intent and meaning of the trust, condition, or limitation. Trustee under will shall have power to sell unless it be withheld. Sec. 70. A trustee under any will admitted to probate, unless such power shall have been expressly withheld by the terms of such will, shall have power to deal with any registered land held by him in trust as fully in every re- spect as if such lands belonged to him individually. Estates in Probate, in Insolvency, and in Equity Proceed- ings. Existing statutes governing' probate, insolvency, and equity proceedings, not affected. Sec. 71. The distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land that is within the jurisdiction of any court by reason of TORRENfi LAND SYSTEM. 1408 the ■'. insolvency, or equity proceedings, shall be made under the Bame condition! and limitations as dow of hereafter provided by tin law of this state, of distribution, etc., to contain di- reetion to n iri r dean ified copy of order, decree, deed, and confirmation to 1" Bled with registrar. 7::. The executor, administrator', assignee) receiver; or other ji>t -..ii acting under the direction of said court, shall file with the registrar a certified copy of such order or decree, also the deed, lease, mortgage, or other insTu- "i« Ql wit li such order or di and also a certified copy of the order or decree confirming such sale, has., mortgl the* transaction, when such confirmation is required by law. Order of court necessary for sale of land of insolvent and prol confirmation and issuance of certifi- dministrators, and assignees in in- solvency shall h:r of Bale of lands registered in their i such, without an order of court obtained for that purj . 1;. tore any certificate can be issued to the purchaser, Buch Bales shall be reported for confirma- tion to the c.oirt und.r whose authority such executor, administrator, or a ting, and if confirmed, a duly certified copy of the or.hr' of confirmation shall it" filed in the office of the registrar, and a memorial thei enter, d upon the certificate of title. Upon the filing of the certified copy o4 mch order of confirmation and the entry of Buch memorial, the registrar shall issue a certi- ficate to the purchaser at such sale, which certificate, in addition to the usual contents thereof, shall refer to the sdd order of confirmation. Such order of confirmation shall be conclusive evidence that the sale was in all - con- ducted iii accordance with law, and the purchaser shall not be bound to inquire into the regularity of the proceeding, or power of the executor or administrator to make sucti sale. 1409 TORRENS LAND SYSTEM. Act 4115, Jj § IS 7S Power of sale of executor to be noted. Sec. 75. If a testator, by bis will, has provided that the executor thereof shall have a power of sale of real estate, the court shall direct the registrar to register the words ' ' with power of sale, ' ' in respect of the land of the deceased, and such executor shall have power to sell such land without an order of court so to do, but such sales must be confirmed by the court in the manner now or hereafter provided by the law of this state, and a duly certified copy of the order of such confirmation shall be filed with the registrar before any certificate of title can be issued to the purchaser of such land. Registrar to issue -certificate or note memorial; such to be conclusive. Sec. 76. Thereupon the registrar shall issue the certifi- cate of title, or note the memorial, as the case may require; and such certificate of title or memorial noted shall be conclusive evidence in favor of all persons thereafter deal- ing with said land. Tax Sales. Notice of purchase to be filed and mailed. Sec. 77. A purchaser of registered land sold for any tax or assessment, shall, within one day after such pur- chase, file in the office of the registrar a written notice of such purchase. And thereupon the registrar shall enter a memorial thereof upon the certificate of title, and shall mail to each person named in the certificate, or in the memorials thereon, a copy of said notice, a sufficient num- ber of said copies to be furnished to the registrar by said purchaser at the time of filing said notice. In case the state or a municipal corporation becomes the purchaser of land sold for any tax or assessment, the tax collector shall, within one day thereafter, file with the registrar a notice to that effect. And thereupon the registrar shall enter a memorial thereof upon the register, aud shall mail notices to interested parties, as in the case of an individual pur- chaser. Unless such notice is given as herein provided, the land shall be forever released from the effect of such sale, and no deed shall be issued in pursuance thereof. Tax deed already issued must be registered. Sec. 78. A tax deed of registered laud, or of any estate or interest therein, issued in pursuance of any . sale for a tax or assessment made after the taking effect of this act, may be presented by the holder thereof to the regis- Gen. Laws — 89 ,. §5 79-82 TC'.. .- . .M. 1410 r upon the register a Dae- mon ' DM shall . • inly the • U' ct • r of the title, and b< land 'to- thei ' must fil » with the '■•r a .It it- i." i land to 1" vi stt il in him. - ;.i sail] application, upon thi i '" be • I M 'i claiming an in- ; .' aring of rack appH- ihould • that Dligl ' I- r. i|uir. ii to . with. l >i cr< • -':■. ili b | of title. beard by the court, • th' I iditiona ol ■ : of r. i.'i- '• any municipal ..nt mad t tn, lam new < ir by mail and publication. ig in th. i ■ in an a* 1411 TORRENS LAND SYSTEM. Act 4115, §§ 33-S5 title. If such personal service bo made by a sheriff or constable, his certificate, and if by any other person, his affidavit, shall bo sufficient proof thereof. In case the place of residence of any person is not known to the registrar or the holdei of such deed, notice shall be given by publication in a newspaper of general circulation in the county in which the land is situated, at bast once a week for four consecutive weeks. Proof of such publica- tion must be made in the manner now or hereafter re- quired by the laws of this state. On redemption, memorial to be canceled. Si c. S3. Upon presentation to him of a certificate of redemption from any tax sale, the registrar shall cancel the memorial of said sale upon the certificate of title. Partition and Judicial Sales. All parties noted on register must be parties. See. 84. In proceedings for partition of registered land, proof must be made that all persons, shown by the register of title to be interested in the land, have been made parties to such proceeding. Decree must be filed before certificate issued. Sec. 85. On confirmation of the report of the commis- sioners setting off registered lands in proceedings for partition, it shall be the duty of the parties to whom the lands are allotted, to cause a certified copy of the judg- ment of decree to be filed with the registrar. Thereupon the registrar shah transfer the same upon the register, an I issue certificates of title to the persons entitled thereto, as shown by said decree. When sale ordered, purchaser must file copy of decree. Sec. 86. Whenever, in proceedings for partition of reg- istered land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file with the registrar a certified copy of the order confirming said sale, together with certificate of the officer holding the writ, that the terms of the sale have been complied with. Thereupon, the registrar shall transfer said land upon the register, and issue a certificate of title to the purchaser, therefor. \.-t 111'.. 5§ 88*90 TOl liia When in undivided share, lieu attaches, only to lands s. t o(T to mortg ny mort- ted any other lien or interest upon hi* as '. s. ,-. B8. Whenev< r n giati r. . 1 isfy any judgment, decree, or ord< rt. the pur- chaser -nail file with the registrar n duly certified r of the orWi r confirming such sale, u I,, : BOUrt, and also tii. ■ r . that the terms i, have U»d tin r< upon tin i tiar shall transfer the land to him, and issue a n< ieate <>f title then I rchaser. Lis Pendens; Notice of \.-tion. r. (1 land must be til. .1 with i t, bill, or pro. . i .Ii ..r in equity for any purposi whatever, all tered land, or nnv interest therein, or any upon the same, shall be deemed to !>■■ lis | lene or notioe to any person dealing with the same until • the pend lueh suit, bill, or proceeding shall 1>< filed with the registrar and a memorial tbei >l by him upon the ! provi.U .1, however, this shall not ap m.nt proceedings when the officer mi shall file - h. r. inat ter providi d, When suit, etc., dism filed with registrar. When any suit, bill, or proceeding ml n il lands has In i i. I or ot hi I of, any judgm< nt, decree, oj oi 1413 TORRENS LAND SYSTEM. Act 4115, §§ 91-93 leased, reversed, or modified, or any levy of execution, at- tachment, or other process has been released, discharged, or otherwise disposed of, it shall be the duty of the sheriff, or the clerk of the court in which such proceedings were pending, or had, as the case may be, forthwith, under his hand, and, if the clerk, under the seal of the court, to certify to and file with the registrar, an instrument show- ing such discharge or release. Upon the same being filed, the registrar shall enter a memorial of such discharge on the register. The costs of such certificate and memorial shall be taxed as other costs in the case. Liens, Executions, Attachments, etc. Certified copy of judgment or decree must be filed. Sec. 91. No judgment, or decree, or order of any court shall be a lien on or in anywise affect registered land, or any estate or interest therein, until a certified copy of such judgment, decree, or order, under the hand and official seal of the clerk of the court in which the same is of rec- ord, is filed in the office of the registrar, and a memorial of the same is entered upon the register of the last certif- icate of the title to be affected. Certificate of levy of attachment, or execution, must be filed. Sec. 92. Whenever registered land is levied upon by virtue of any writ of attachment, execution, or other process, it shall be the duty of the officer making such levy forthwith to file with the registrar a certificate of the fact of such levy, a memorial of which shall be entered upon the register; and no lien shall arise by reason of such levy until the filing of such certificate and the entry in the register of such memorial, any notice thereof, actual or constructive, to the contrary notwithstanding. Notice of mechanics' liens must be filed. Sec. 93. Notice of liens under the provisions of the mechanics' lien laws of this state shall be filed in the regis- trar's office, and a memorial thereof entered by him upon the register, as in the case of other charges, and such liens may be enforced as now or hereafter allowed by law. Un- til such notice is so filed and registered, no lien shall be deemed to have been created. TO M 411 nta, • rk. • '.'i. or county, .in ordinance, lay out, establish, - • ruct <>r r< •\ alk, >n then | I by ment, the - ilution, or or- • ach ordi- i lKi- ■ -■ • .1 i'f such or- rd, and ■ r< qnir< '1 by law to eol- shall, within Bye days I th< reupo Buch memorial. • "f lion •' • performed for with law. ill be dfpmcil to after s memoria] tl d providi •!. i rc( pt providi <1 in ' re of the state of Cali- hundred and Court m:r of suit 01 • rk of the court in which _ r . <>r any i lint such suit, bill, or pro- if, 01 the rder has be< n sat isfied, r< I ■ l, or overruled, or of any Bheriff or other officer t in- levy other pn titi. .1 by him has I, dischargi d, or diepi ind noted upon t hi nt to authorize 1415 TORRE XS LAND SYSTEM. Act 4115, §§ 37-!OJ to cancel or otherwise treat the memorial of such suit, bill, proceeding, judgment, decree, or levy, according to the pur- port of such certificate. Corrections of Errors in Certificate. No correction of register without order of court. Sec. 97. After a title has been registered and a certificate issued therefor, or after a memorandum, not; me- morial has been made on the register of title and has b< en attested, no correction, alteration, or erasure shall be made therein or thereof, except in the manner herein provided. Begistrar may apply to court for correction of Errors or mis- takes in certificate. Sec. 98. Whenever it appears to the registrar that there is an error or omission in any certificate or memorial, or that any certificate or memorial has been made, entered, indorsed, issued, or canceled by mistake, he may apply to the court for an order summoning all persons registered as interested in the lands to which such certificate or memo- rial relates, to appear at an appointed time and place and produce their duplicate certificates and show cause why such omission or mistake should not be corrected, and shall there- upon enter a memorial of such application on the register. If all parties consent, court may order correction of errors or mistakes. Sec. 99. If at the time and place appointed all such per- sons appear and consent, the court may order and direct the registrar to correct any such error, omission, or mistake on the register and on any duplicate certificate, and may direct the cancellation of any certificate or memorial entered by mistake. If all parties do not consent, court may hear testimony as to alleged error or mistake. Sec. 100. If such persons, or any of them, fail to appear, or do not consent, the court may proceed to hear testimony as to such alleged error, omission, or mistake, and if it ap- pear to the satisfaction of the court that an error, omission, or mistake has been made, he shall order and direr-t the registrar to correct the same and to cancel or modify such certificates or memorials as may be necessary to correct such Act Hi:,. S{ 101. 102 TOURENS I. AND FYSTEM. Ml< orror or mistake. When such < rror or mistake has born ■ .1 by tli« fault it neglect of the registrar, tin i sncli proceedings sh til be paid by tin Btate; il by tin fault .it' any i d in Bach land, by such person. A certified copy of tin' order of sourt, directing take in resp< ct to any eertifloatt «>r memorial shrill be fil< <1 in I itrar'a • E iin. Bight of eminent d d to in any v. ■ modify tl emi- nent domain, wi it or j ir. ■ king of n land, or any in 1 tin' validity of d ! be the of both parties to tin : copy of the judgment lury filed ami a memorial thereot upon ti' r; but in tin ■ if the assessment "t uamaj rial -hall 1.. , lit. ri d by the regis! paid, in which event the r pay- ment of such damages; provided, however, that tli With the trt - i 'h dan. ■hall In' deemed a payment thereof, ami in - tin' treasurer shall forthwith fill' with thi ficate nf such deposit ipon a memorial thereof shall be red upon thr -I the filing of the certified COpy "f tin or.!, r • damagi s, thi of title of i we lands I crip- tion of tin- !. riated, and shall n^istir in the name of tin- : • I ody « ntil he title of the land taken, and i fur. Imi Property ind bi k< pt. L02. 'l'i • ir shall keep property indi< pages of which shall In divided into tir-: . t In Bection i third, th : fourth, any further d fj tin land; fifth, tin na:. 1417 TORRENS LAND SYSTEM. Act ixxo, §§ 103-105 istered owner; sixth, the volume; and seventh, the page of the register in which the lands are registered. Name indices to be kept. Sec. 103. He shall also keep name indices, the pages of which shall be divided into columns, showing in alpha- betical order, first, the names of all registered owners and all other persons interested in or holding charges upon reg- istered land; second, the nature of the interest; third, a brief description of the land; fourth, the volume; and fifth, the page of the register in which the lands are registered. Miscellaneous Provisions. Eegistered lands may be partitioned. Sec. 104. An owner of an undivided interest in regis- tered lands may bring an action for the partition thereof. A notice of such action shall, at the time of the commence- ment thereof, be filed with the registrar and a memorial entered by him upon the register. A certified copy of any judgment or decree rendered in pursuance of such action shall be filed with the registrar, who shall thereupon issue new certificates in accordance therewith. Registration of adverse lien not conclusive of regularity of proceedings or instruments by which created. Sec. 105. "Whenever, under the provisions of this act, any interest in, or lien, incumbrance, or charge upon regis- tered land, arises adversely to t he registered owner with- out voluntary action by him, and not in pursuance of a judgment or decree of court, such registration shall not be conclusive of the regularity of any proceedings or instru- ments by means of which such interest, lien, incumbrance, or charge arose, or the validity of the same, and shall have no greater force and effect than would the recording, in case the land were not registered, of an instrument creating a similar interest, lien, incumbrance, or charge. In case of fraud, rights and remedies the same as if land not under this act. Sec. 106. In the case of fraud, any person defrauded shall have all rights and remedies that he would have had if the lands were not under the provisions of this act; provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for Act Hi:.. 5$ 107-111 TORHKNS LAMB BYff a valuable coi tion, or of any pi rson bona fide cli iDg through or aader him. Clerk of court Bhall notify r. _'■ -t r.-i r of appeal ii>7. In casi of an appeal from any proceeding un- thii act, <>r i rum any judgment, order, or decrei affeet- I Ian. Is, the i'Ii rk oi tin oourl in which the shall forthwith not trar thereof, and then shall enter upon the mi mori i i appeal All fees trar to bi paid to com nrcr and applied to expenses of administration of this act. • i .1 by I • rar undi r the provisions of this act shall be accoui ••! for, paid, dis- bursed, and disposed oi by him in the same manner that by aim •■ boh or may Ik reafter oted for, pa irsed an i . of. Should then b< in any year, such arrii il into thi i be sub- appropriation f'>r any purrx ■ amounl to thi i f<>r the administration of this act, the d< ' from any funds hi • in r« I-.- appropria rd oi BU] -hall furnish registrar all accec books, • 109. All Bnks, papers, and all ti sary fur the purpo rrying out the provisions of this act, shaB be furnished by the board of s re, at the f the county. The attorney-general, state controller, and state to pri pare forma. no. The attorney-general, Btate controller, ai r , tai ' tte shall pn parr a nni ' 1,1:,. forms for the use of the pub! ra required t,. perform duties un.lrr tl rma, and i other, shall be usul by Buch offl Ities. Fraudulent procurement of certificate, a felony. 111. Whoever fraudulently | its in fraudulently procuring, or is privy to the fraudulent pre- 1419 TORRENS LAND SYSTEM. Act 4115, §§ 112, 113 curcment of any certificate of title or other instrument, or of any entry in the register or other book kept in the registrar's office, or of any erasure or alteration in any entry in any said book, or in any instrument authorized by this act, or knowingly defrauds or is privy to defraud- ing any person by means of a false or fraudulent instru- ment, certificate, statement, or affidavit affecting registered land, shall be guilty of a felony, and fined not exceeding five thousand dollars, or be imprisoned not exceeding five years nor less than one year, or either, or both, in the discretion of the court. Forgery of seal, signature, or instrument in registrar's of- fice, a felony. Sec. 112. "Whoever (1) forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office in cases where such officer is expressly or impliedly authorized to affix his signature; or (2) fraudu- lently stamps, or procures to be stamped, or assists in stamping any document with any forged seal of said regis- trar; or (3) forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any per- son whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or (4) uses any document upon which any impression, or part of the impression, of any seal of said registrar has been forged, knowing the same to have been forged, or any docu- ment, the signature to which has been forged, knowing the same to have been forged; or (5) swears falsely con- cerning any matter or procedure made and done in pur- suance of this act, shall be guilty of a felony, and impris- oned not exceeding ten years, nor less than one year, or fined not exceeding five thousand dollars, or both fined and imprisoned, in the discretion of the court. No proceeding or conviction under this act shall affect any remedy at law or in equity. Bee. 113. No proceeding or conviction for any act here- by declared to be a misdemeanor or a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the per- son who has committed such act, or against his estate, or against the registrar, or upon his bond. Act 1415. 5J 114-116 TORRENS LAND SYSTEM. 1430 - in similar cases und< r pre* at laws, rxc.pt provided herein. - sped of applications and nder them pr tibn, shall bo the same • iperiOT court. _ Tar: Deluding out duplicate r and fifty «•( tits. duplicate, fifty cents. I'.ir r, including tbi and I .liar and fifty I on the including the indoi ri the duplicate certificates, one dollar. certificate, memorial, o* chai ^ts. Pot edition of register, nun dol- lar and fifty filing any instrument, y of thn ■ r of any instrument or writing on file in his ! by law • • rs for like Bl r\ Construction. Act to '" liberally truction of similar legja» lati ' '■ 115, T) ; i I. .rally ry for flu pur .ml lopt by implication the construi iiv similar legislat jurisdictions which this ■ 1 16. Thi ""1 1"' in force from and after the first day of July, eighteen hundred and m 8< \ • 11. 1420a TRADEMARKS-TRAINING SHIP. §§ 4120-4123 TITLE 501. TRADEMARKS. ACT 4120. Concerning trademarks and tradenames. [Stats. 1863, p. 155.] Amended 1SS7-8. 423. Superseded by Penal Code, sec. 350, and Po- litical Code, sees. 3196-3193. ACT 4121. To protect owners of bottles, boxes, siphons and kegs used in the sale of soda waters, mineral waters, porter, ale, cider, milk, beer, and other beverages, etc. [Stats. 1891, p. 217. Amende*! 1903, S3. This act appears in full In Civil Code, Appendix, p. 775. TITLE 501a. TRADING STAMPS. ACT 4123. An act making it a misdemeanor to sell or exchange prop- erty under the representation, advertisement, notice or inducement that an unidentified, unknown, unselected, or chance prize, premium or premium-gift, or that a stamp, trading-stamp, coupon or other like device en- titling the holder to receive such a prize, premium or premium-gift, or that the redemption of such a stamp, trading-stamp, coupon or other like device so given is to be a part of the transaction, or to sell or exchange any trading-stamp, stamp, coupon, or other like device to aid such sale or exchange, as aforesaid, and providing a penalty therefor. [Approved March 7, 1905. Stats. 1905, p. 67.] Unconstitutional: Ex parte Drexel, 147 Cal. 763. Cal. Rep. Cit. 147, 763. TITLE 502. TRAI^lJN'Gr-SHIP. ACT 4125. To establish and maintain a training-ship in the city and county or San Francisco. [Approved February 15, 1876;' Stats. 1875-6, p. 54.] Amended 1877-8, 233. Act* 4130. 4134, g 1 TRAMROAD COMPANIES TITLE 503. THAMROAD COMPAQ ACT 4130. for ir^nr;»>rntir.Ti of tramroad -'■ I'- 8 10.] TITLE 504. TBEASUBEBS. ACT An act to a moneys in brinks in I ts or parts < [Approved March p. 823.] 1. All moneys in tin state treasury belonging to the d to in- el eurrenl exp< odi- turi - sredit • or oal ional bank, > broiler ami tnasurer, to an\ . 1 • • | >r • oiation in value thai i boods 1>< le responsible for nny mon< in a bank '>r inder the pro- • saint remain there deposited with the consent but the JUrer thai] l» • with tl P' n 8i manage- tneiit and disbursement of the bonds and eertrfleatea of de- • 1 with him as security tor deposits of state mosey b, and with the ii thereon, and the proect-ds of - lie undf deposit when properly indorsed by the treas- urer the i in conflict with this aet are hereby expressly repealed. -nail take . SeoJ .'a July I. ACT 4135. ting to ti . their deputies and clerks, in coun- and cities and co b population of two hundred thousand inhabitants or over. [Stats. 1893, p. f that city. This art appears in full In i \. p U14. ACT 4136. Authorizing the Btate treasurer to pay controller^ war- rants drawn foi the salaries of public ofljceFB who UN entitled to monthly payments from tin slate. [S l-:.. i. p 51 ACT 4137. For the better protection of the stati treasury. [81 l» i.j 1423 TRESPASS— TRINITY COUNTY. Acts 413S-4152 This act authorized the state treasurer to employ two watchmen t. The code commissioners say of it: "Doubtless superseded by sec. 457. Pol. Code, but nevertheless amended by statute of 1895, p. 55, chap. LIV." ACT 4138. To provide an additional watchman for the state treasurer. [Stats. 1895, p. 55.] "Purports to amend statute of 1S6S, 554, chap. CDXXXI, which statute was, however, superseded by Political Code, sec. 457." — Code Commissioners' Note. ACT 4139. Increasing number of deputies for limited period. L^P" proved March 16, 1889. Stats. 1889, p. 303.] - Repealed March 26, 1S95, Stats. 1895, p. 88. TITLE 505. TEESPASS. ACT 4144. Preventing persons passing through inelosures and leaving them open, and tearing down fences to make passages through inclosures. [Stats. 1871-2, p. 384.] See sec. 7, 1S75-6, 408; 1877-8, 49, 776. TEESPASSING ANIMALS. See Estrays. TITLE 506. TEIN1TY COUNTY. ACT 4149. Additional contingent fund for. [Stats. 1877-8, p. 184.] Repealed by subd. 18, sec. 25, County Government Act, 1S97, 463. ACT 4150. Providing for construction and maintenance of free bridges in. [Stats. 1873-4, p. 62.] ACT 4151. County clerk of, salary of. [Stats. 1873-4, p. 184.] Repealed by County Government Acts, see 1897, 56S, sec. 210. ACT 4152. Authorizing transcribing of records in, [Stats. 1SG2 p 164.] ' Amended 1SC3, 22. : 4161 ACT 1168. Public s..]<5 of, employment ol 1873 :, 172.1 Am'' ACT 4154. I of. [SUI rsrded by Count] .1, 568, »cc ACT Fixing salary of nv m! - [Stats. ACT 1156. • i fi\ r.iti> of tolll • '1 on \\ r la, [8tal I >7.] See Court.. TITLE 507. TBI - ACT 4161. To provide for th< intion of in case of the death oi the last surviving [8ta1 I, p. IV".] t ACT 4162. An act ' nd provid* fof ti nation of a know • tore, and the founding, maintaining, ami perpetu public librai ims, and ga ti,, l contributions I ; ,< r. to iblished; for the • Bon of real property within this the purposes herein ■■ and the prcction I on of buildings appropriati I for the creation of i : or prop, r for th< t. r preservation of such injtitutions, and the control and rnannj;- r:i"nt th( n [Approved March 5, 1887. g 1887, p. 1425 TRUSTS. Act «62, §§ 1-3 Manner of conveying gifts for dissemination of knowledge of arts, etc. Section 1. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of this act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works for such public library, or any museum, or gallery of art in this state, and such gift or grant may also express and shall bo construed to be a conveyance of the future additions and accretions thereof; and he may also in like mmner, to that end, and for such purpose, convey by grant to such trustee or trustees any real property within this state belonging to him, which may be necessary or proper for the erection and maintenance of buildings suit- able to such institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of producing an income for the support and maintenance of such institu- tions, or any of them, and any collateral burdens which may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes oi the institution and maintenance of any such library museum, or gallery oi art. Gifts by other than founder. Sec. 2. Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in the title of this act, shall immediately vest in the trustees, and become incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor. Sec. 3. The person making such gift, grant, or convey- ance, as founder, may therein designate, — 1. The name by which the institution so founded and maintained shall be known. 2. Its nature, object, and purposes. Gen. Laws— 90 Act 4162. }§ 4. 5 .">.. T' '• powers and dotfes of tho tnist«-'s. which shnll not 1 1 bat, in their judg- ffeotually t<> carry out tho h instituJI 4. Tho modo and mnnnrr »nd bv whom tho sniooossorfl to i named in rh< -ant shall bo appointed, - nd t prulations f ' such institution, mid '■ :i^ Hie •t wnrh rnl Shall, aUleSS tho ^n-nnt shnll othi ". be doomed a Ivlsery only, ami shall not preclude such trustors or I rs from making su.-h ebai nilitions may. timo to timo, r60/ttirft 8. The p'n.*p or placet where tho necessary buildings shall be nd the gem ml cl r . Tins porson mi therein provide for all other thing! rry out the purposes tin r mi 'I in inch g rant', and tlnir d tli" nan jd defend in relation to tho all mattl ' ■•• institution i' '1. By a provision in suet jrift <>r grant, tho forrader may elect, i - to the persona] and real pro; n f, and in - any buildings auxiliary then to, and in r< 1 with such institution, t« to liims. If nd righl of annul menl or modification of anj ich trustees, in eas II, within thirty days notice of the perfornuu h act, file in the offici sai.l trustees, or deliver to th« ir president or principal r. a notice in wi • nnulment. or modification, and upon a lii provision in such during his life all I powi rs which, by tho terms tin r are nested i or enjoined upon the trustees therein nan and tin ir successors; provided, that upon tli. death or in.li r and grantor, such powers ami duties shall In devolved upon, and be trustn s named in the gift or g d their so 1427 TRUSTS. Act 4162, $ 5 Such person may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trust therein created in respect to such institution, its build- ings, and the property conveyed therefor. Election of officers and compensation. Sec. 6. The founder shall have power in said deed of trust to name and describe the character and personality of any one or more of the immediate or future trustees, the librarian, and other officers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and to declare and limit any compensation, and fix the character and method of such compensation he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties shall be imposed. Gift, how recorded. Sec. 7. Any such gift or grant may be executed, ac- knowledged, and recorded in the manner now or hereafter provided by law for the execution, acknowledgment, and recording of grants of real property. Time of commencing suit. Sec. 8. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said gift, grant, or conveyance, or to affect the title to the property conveyed, or the right to the possession or to the rents, issues, and profits thereof, unless the same be com- menced within two years after the date of the filing of such grant for record. Founder may bequeath to state of California. Sec. 9. Any person, being the founder, making a gift or grant for any of the purposes mentioned in this act, may, at- any time thereafter, by last will or testament, devise or bequeath to the state of California all or any of the property, real, and personal, mentioned in such gift or grant, or in any such supplemental thereto, and such de- vise or bequest shall take effect in case, from any cauae whatever, the gift or grant shall be annulled or set aside, or the trusts therein declared shall for any reason fail. Such devise or bequest is hereby suffered to be made by Act 4163. ( 1 TRl-STS. MTi way of aasurance that tin int. nti-ms of tin shall i" can • 'I oat, nrnl in that th< ahal] succeed to t r any part thereof, will, to the extent and valuo of such prop* rty carry out, in r. i] • i jmi r j .. •-*« h uf ai _rant, ull th-- i n.i inti otioni of the .. Liberal construction of pn The pr< ', be 1 i "t » • rally con- stnn <1, with | and the singular number in th< tetion thereof shall bo deem< elude the plural, and the plural number shall be d( ' an '1 to in- . Qgular. og in tl i«r bave any effect npon any of tin pr 'An the public welfan by - the bob ance, holding, and prot< for the funding, endow . and mi nance, a ithin thii I univew I anical i gall( r,, li ninth. . 1". Tl. mm. -liatily. ACT L16S. An act to advance learning, t! public W( liar- , by pr" ii. i. holding, and proti ! the ition of ' tion, and maintenance within tl of univcrs C0H' institutes, museums, and galleries of art. [Approv.-. 1 Karon Amended IBM, . MB Bes r.cxt act. Cat. 2 13». Construction of nrt. on 1. The provisions of this act shall be I -• ru» .1 with a its pur;- I in the • minibir shall \x> all with : . .'lini w di • •.-* oi tin institution. - ■ ■ tees ] " ■ ■' in SUCfa jrrant, and tlu'ir r the institution or in stitnl grant, sue and' dl fend, in relation to tb< '}'■ -'""I '" relation to all • r institutions endows d and Qrantox as tm moh (rrant. by a prov therein, may elect, in relation to the property and in relation to the erection, maintem mi . nt of such ■. during his life, all the duties an. I all the powers which, l, v • grant, are enjoined upon and \ i„ t ! i tied. It the person mak i, and making the election aforesaid, !><• a married Bucb person may further provide that if the wit. BUCh p' rson BUTVive him, then such wife, during her life. may, in relation to the property i I, and in relatli and management of such iustitu- pcrform all the duties and exercisi ail rhich, bj tie term- of the e;rant. mipJ 1«1 TRUSTS. Act 41R3-, § § 6-8 upon and vested in the trustee and trustees therein nam. d, and in all sucli eases the powers and duties conferred and imposed by sueh grant upon the trustee or trustees therein named shall be exercised and performed by the person making such grant, or by his wife, during his or her life, as the case may be; provided, however, that upon the death of such person, or liis surviving wife, as the case may be, sueh powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. Amending grant. Sec. 6. The person Making such grant may therein re- serve the right to alter, amend, or modify the terms and conditions thereof, and the trusts the rein create d, in re- spect to any of the matters mentioned or referred to in sub- divisions one to six, inclusive, of section two hereof; and may also therein reserve the right, during the life of such person or persons, of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, sueh person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same absolute do- minion over such personal property, and such rents', issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses. Custody of minors. Sec. 7. The person making such grant may therein provide that the trustees named in the grant, and their successors, may, in the name of the institution or institu- tions, become the custodian of the ' person of minors, and when any such provision is made in a grant, the trustees and their successors may take such custody and control in the manner and for the time and in accordance with the provisions of sections two hundred and sixty-four to two hundred and seventy-six, inclusive, of the Civil Code of the state of California. Execution of grant. Sec. 8. Any such grant may be executed, acknowledged, and recorded in the same manner as is now provided by Act 4163. {J 9-11 TUT for the execution, acknowli I reeordii i- • : 1 1 pro | ■ Ann at. ■ e shrill ho mm- mene< ■ ! • • ride, Banal, "r • t p*op- tlic menced within iliag i ich grant ill any d t i • by the ti -•• > or tru ot, or tin » or pel hold ■ . | lity ■ • be ri^M ■ and profll ithin tare, sh ^mnt shall the lilinu' ■ inder * in : *i'>n ■ In 1 . 11. Any person ns mnVir <>r ii int, and - sh.-ill on in « 1 • elan •! >b that the wishes of the grautor or grantors shall be carried out, and in the faith that the state, in case it succeeds to the property, or any part thereof, will, to the extent and value of such property, carry out, in respect to the objects and purposes of any such grant, all the wishes and inten- tions of the grantor or grantors; provided, that no wish, direction, act, or condition expressed, made, or given by any grantor or grantors, under or by virtue of this act, as to religious instruction to be given in such school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil or pupils of such school or institution of learning, shall be binding upon the state; nor shall the state enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition. Sec. 12. This act shall be in force from and after its passage. ACT 4164. An act supplemental to an act entitled "An act to advance learning, the arts and sciences, and to promote the pub- lic welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and mainte- nance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1885, concern- ing the resignation, relinquishment or surrender of rights, powers, privileges and duties reserved to or vesting in the founder or founders, surviving founder, or wife or widow of any founder, of any institution created or founded under or pursuant to said act, and concerning the assumption and exercise of powers and duties by the trustee or trustees of such institution. [Approved March 13, 1903. Stats. 1903, p. 140.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The founder or founders, surviving founder, or wife or widow of any founder, of a university, college, school, seminary of learning, mechanical institute, mu- seum, gallery of art, library or any other institution, or any or all thereof, founded under or pursuant to an act entitled "An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and tne creation of trusts for the founding, endowment, erection, and mai nn clianii-al institutes, mu- M ir.-h 0, 1886, may, by an Instrument ii quish anil surrender all the r ' .iilllclrr. "T nder, over, in, or concerning any sm-h institution or in- stitutions, or over or sotfaerning any loota institution or tnded, ami thereupon all estates, d and duties which would o t In r- uis, vis! in nr il.Aulv.' apon thi • tin- trus*- for the founding, andotrntont and mainteni a .or inst ttal upon thi ' ' • r -"ii "T persons ho resigning, re- tinas - pant fi.in and aim ij. li. thereof, and by the i iny n r:ll! ' and r of any iMiiilirm.'itDry granta, shall inim in and d< voive upon ■>. Nothing 1" fei ■ ■ - 'all pn - Buoh person or |- g - lung and ■UTTi in'h ri^'l.' , from thon from becoming snjr board <cs. ill take effect anil be in farm from and after its ACT -11 lift. An act to pr.'vi !• far the ascertainment of the • ■ || for the determination of the validity and legal • _ La or other m- «tru _ trusts and ■ 1 inainfi ' of a university, mechanical institute, museum, gallery of art, ur library, ur any other institution, nr any or all thereof, under or :.n ■ t tn tied " An \act to &d\ anoe i« am* [ng, the :ir'.^ ami and to promcti the public by providing for the convi . and the creation of • ion, and mainfi i of univers inaiits ui ! trning, mechanical ii museums, ami rt," approved Mai ur under or pursuant to an act entitled "An a BM6 TRUSTS Act 4165. { 1 provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating public libraries, must- uinns. and galleries of art, and the receipt of donations and contributions thereto when established; fos the con- veyance, holding and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation 01 tru?ts necessary or proper for the better preservation of such institu- tions, and the control and management thereof," ap- proved M:irrh r,, 1887. [Approved February 10, 1902. State, 1903, p. 9.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The trustee or trustees of any trust or trusts heretofore or hereafter created for the founding, endow- ment and maintenance of a university, college, school, seminary of learning, mechanical institute, museum, gal- lery of art, library or any other institution, or any or all thereof, under or pursuant to an act entitled "An act to ad- vance learning, the arts and sew nces, and to promote the public welfare, by providing for the conveyance, hold- ing, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, semi- naries of learning, mechanical institutes, museums, and gal- leries of art," approvt d March 9, 1885, or under or pursuunt to an act entitled "An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and per- petuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; f«.i the conveyance, holding and pro- tection of real property within this state suitable for ths purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation ox trusts necessary or proper for the better preservation of such institutions, and the control and management thereof," approved March 5, 1887, may commence a special proceeding in and by which may be determined all cpies- tions cf law pnd faet affecting the existence of, and the due and voluntary execution and delivery, and the terms, validity and legal ell' ©t of the grant or grants founding the same, and of all amendments or attempted amend- Act 4165. J 1 TRUSTS. i«« nv nts thereof, and of any supplemental grants or gifts, and of any confirmatory conveyances, of the founder or found- ers, or surviving founder, or wife or widow of any such founder; and in and by which may he determined all questions of law and tact affecting the due and voluntary execution and delivery, and the validity and legal effect, 01 any 'gift or grant made in general terms for the bene- fit of the institution or institutions, or of any depart mi nt f, or of any gift or grant made in general terms for the benefit of the institution or institutions, cr of any de- partment thereof, upon the trusts provided for in the errant founding the institution or institutions, and amendments I and grants, bequests and devises supplementary ; and in and by which may he determined all ques- tions hearing upon the passing to the trustee or trustees of the legal title to the properties, real and p rsonal, con- vey d or attempted to be conveyed, so far as sueh property OX the proceeds thereof, or any property acquired in ex- change therefor or witn proceeds thereof, may he described in the petition herein provided for, and the interest or title of the trustee or trustees in or to any such property bed in such petition; and in and by which may he determined all questiors of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any grant or surrender by any such founder or founders, surviving founder, or wife or widow of any fonnder, to, or in favor of, such trustee or trustees, of any rights, power . privileges or duties reserved to or vesting in any such person or persons over or concerning any property deseribi d in the petition herein provided for, or over or con- cerning any such institution or institutions so founded, which would otherwise vest in or devolve upon such trustee or trusties upon the death of the person or personB so granting or surrendering the same, and of any relinquishment or re- by the founder or founders, surviving founder, or wife or widow of any founder, of any other such rights, powers, privileges or duties so reserved to or vesting in any such person or persons. To this end the trust, e or trustees of any trust hereinbefore referred to, iu the name of the institution o institutions so founded, or in the name of the trua trustees of such institution or institutions, or ,n the name of the hoard of trustees of such institution or institutions, may file, in tne superior court of the county in which the Lands d< scribed in the founding grant or grants, or some portion thereof, are situated, or, if no r< al estate has been IK7 • TRUSTS. Act41€5, §2 granted as herein provided to such trustees, then in the county where the main part of any such institution or in- stitutions is situated, a petition iv writing, signed by counsel for such trustee or trustees, or by counsel for a majority thereof, which petition shall contain copies of all such grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and grants •nd instruments of surrender, relinquishment or release, here- inbefore mentioned or referred to, so far as known to such trustee or trusters; and the petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all of such instruments, copies of which are set out in the petition, and shall describe all prop- erty, real and personal, the legal title to which is held or claimed to be held by said trustee or trustees rinder or by virtue of any or all of such instruments, whether or not tie same be the original property conveyed, the proceeds thereof, or reinvested proceeds; and th,. petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described; and the petition shah pray, in effect, that the court examine and determine all q 1 stions of law and fact affecting the due and voluntary execution and delivery, and the terms, validity and legal effect of all such instruments, copies of which are so set out in the petition; and that the court examine and deter- mine all questions bearing upon the passing to the trustee or trustees, of the legal title to all the properties, real and per- sonal, so conveyed or attempted to be conveyed, so far as the same or the proceeds thereof, or any property acquired in exchange therefor or with the proceeds thereof, may be described in said petition; and that the court examine and determine the interest or title of the trustee or trustees in or to any ;uch property; and that it be established and de- termined that the trustee or trustees are rightfully vested with the legal title thereto. Sec. 2. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to pos- in at least three public places in the county a notice of the filing of said petition, attached to a copy o* said petition, and order a copy of such notice together with a copy of the petition to be personally served upon the founder or founders, if living, and upon the surviving wife or widow of any founder, and upon any living grantor or donor of any other grant or gift set out in the petition, and may order such other or further notice to be given Act 4165. J ; TRI . !«» M the jodgl 0* OS -irt may doon - -li:ill i served I so days !«• t'->r. ■ tin bearing. Ii tin- court or judge finds soon the L.«arin^ that due and j»r< •: • ii provided, it shall uring and web due and prop" r ■ to b l petition shall be eaj itl« <1 stantially in tin- following form: In t it of the county of , state I if o rain. In i:. ttcr of 1 petition of (giving the basm or natnu in s asset men! of I md terms of, .-*. t» . 1 for the i min thiT affecting trasl endowment and mainti t • ■ ■ as found Tin- the time and piaoe Hx.-.l for the tition and shall b< addressed to the fouj ■ >r founder . d to the survi' or wi.1* a of ,-in\ and the living grantor or donor of .-my othei it in the petition, anr answer, the petitioners will \ to the court tn grant the prayer of the petition, aad tl.nt i .i.h person failing to so appear aad answer, shall he dien mil as true all the material allegations of i h«> • n. required to b< Berved, or any other interest by written waiver tilt i| with the cl< rk of the eonrt. 3. At.y person ii in tin- determination of .-my of tin questions presented by the petition may ilcmnr j. • tition and may -it up any new natter determination of any such qui \ny the petition or answer may l" made upon irmation and belief. Tin provisions of the Cod< of <'ivil Procedun the demurrer aad the answer I Bed complaint, shall be applicabb to a demurrer or ansfi -i petition. Tin- ; ■ demurring to or id petition shall be the deteudants to 1439 TRUSTS. Act 4170 special proceeding and the petitioners shall be the plaintiffs. Every material statement of the petition not specifically con- troverted by the answer must, for the pur >oses of said special proceeding, be taken as true; and each person failing to answer the petition shall be deemed to admit as true all the material allegations of the petition. The rules of plead- ing and practice provided for by the Code of Civil Procedure, which are not. inconsistent with the provisions of this act, are applicable to the special proceeding herein provided for. Sec. 4. Upon the hearing of such special proceeding, the court shall have power and jurisdiction to examine into and determine all questions of law and fact wi the scope of the proceeding herein provided for, win tin r presented by the petition or answer, or by the proofs upon the hearing. The court shall find and determine whether the notice of the filing of said petition has been duly given for the time and in the manner in this act prescribed. The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court. Sec. 5. A certified copy of the judgment of the court in such special proceeding shall be recorded in the office of the recorder of the county in which the action is brought and in the office of the recorder of every county in which any of the real property affected is situated. Sec. 6. The judgment of the court in such special pro- ceeding shall be determinative of the terms and trusts upon which any property thereafter given for the benefit of such institution or institutions, or any department, thereof, shall be held by such trustee or trustees, unless otherwise provided by the grantor or donor of such prop- erty. Sec. 7. This act shall take effect and be in force from and after its passage. TITLE 508. TULARE COUNTY. ACT 4170. Assessors, act fixing salary and bond of. [Stats. 1875-6, p. 172.] Superseded by County Government Acts, see 1S97, 521, 535, sees 170, 182. TLI. vrY. Hli ACT 4171. •' ho.ilth. establishing. [Stal I by aulx). 20, b> • ACT 1172. ■ r p. l.-l.| fagr Count) Acta, «-- UtT, 535. .'* ACT 4188. Township officers, regulating. [Stats. 1873-4, p. 453.] Repealed by County Government Acts, see 1S97, 474, sec. 56; alst Code Civil Procedure, sec. 103. ACT 4189. Salaries of certain officers of. [Stats. 1875-6, p. 45.] Repealed by County Government Acts, see 1S97, 556, sec. 197. ACT 4190. Supervisors, prescribing commencement of terms. [Stats. 1873-4, p. 154.] Repealed by County Government Act, 1S97, 452. ACT 4191. Treasurers of, bonds of. [Stats. 1875-6, p. 17.] Repealed by County Government Acts, see 1Sl-7, 475, sec. 66. TITLE 510. TUOLUMNE KIVEB. ACT 4196. Authorizing the construction of a bridge across the Tuolumne River at Modesto. [Stats. 1877-8, p. 455.] ACT 4197. To declare the head of navigation in. [Stats. 1854, p. 203.] See Political Cade, sec. 2349. Gen. Laws — 91 Ac I* 4202-42U TURNPIKE CORPORA1 tTBSD STATES. Ml: TITLE 511. TOBNPIKE OORPOBAf] I ACT 4202. To auth of pl.-ink or turnpike ro;iJ corpora- tions. |8tats. 1857, p. 171. J DOU to act GJJ. anU. TITLE 512. IK I. Ml. ACT 4207. Il; " Of. [8 ' 12.] -nmrnt Act of [NOORPOB \ti:d t88< h I \ri" See Co-operallve Association!; llii hanlcs" InMltut.s TITLE 513. I V ACT 1209. rporatillg town of 1'nion. [St;.- f, ~] ■ ■ This is now Areata, fcn». 109. TITLE 514. ACT 4212. (Hying the consent of the tegwlatui to th purchase by the Unit land within this state for public ; S 352, p. 149.] al Code, »• • ACT 4213. ting ri^ht Of W«J to th. I'tii 1 from At; i I acifle. [ - i, p. 150.] ACT 1214. Providing for tin- relinquishment to tin United S lands required for military '■ P- 26.] 1443 UNIVERSITY OF CALIFORNIA. Acts 4215-4L , ; l i ACT 4215. Ceding jurisdiction to the United States over lands near Lime Point. [Stats. 1859, p. 334.] TITLE 515. UNITED STATES COAST SUEVEY. ACT 4220. To authorize persons engaged in United States coast sur vey to enter upon lands within the state. [Stats. 1852, p. 147.] TITLE 516. UNITED STATES FLAG. ACT 4225. To prohibit the desecration of. [Approved March 2, 1899. Stats. 1899, p. 46.] TITLE 517. UNITED STATES SENATOES. ACT 4230. To ascertain and express the will of the people of the state of California upon the subject of election of United States senators. [Approved March 10, 1891. Stats. 1891, p. 46.] This act provided for submitting to the people at the general elec- tion following the passage of this act the question of the election of United States senators by direct vote. TITLE 518. UNIVEESITY OF CALIFOENIA. ACT 4239. An act to appropriate the sum of eighty-three thousand eight hundred ($83,800.00) dollars for the use and bene- fit of the University of California, and specifying the duties of the controller and treasurer in relation thereto. [Approved June 14, 1906.] Acts K ■ UNI :v '**» The pco|>1o of tli. California, represented in s. r,*te and a^~' nil.' " WS5 Beetion 1. Tho sum flirop thousand, eight 1 iin- dred ted out of money In tin sniy, not oti> • riated, to income tl I "• : raity of Califoi lost throi nd nrei and to bi ' by th<* lifornifl in n si ' re- placing damaged buildii rniversity ..f California, and in pi propi rtv be- ■ and for • ,f the depai ta of tbe Univ Tho controll( r i-; and dire< t< rl ,.. n% his .. b to tbe ord ■» of the treasurer t California, and the tn ur , r ,.• rach warrants. , 3 j),. from the provisions of indred ai the Political < lode. ACT 4240. To oreatC and organize the University of California. [81 At. CS1 n.f CM 5< Sl; M. 33: I »i «. "' «* tat If so. revlvrrl and BM art. IX. of (he constitution of 1879"-Code I • ACT 4241. For the endowment of. [Stats. 1869-70, p. to Cftl. Rep. Clt ACT I Permanent endowment for. [Stats p. XM.] ACT 4243. To provide for the permanent support and improvement of by the levy of a rate of taxation and the creation of' a fund therefor. [Stats. 1887, p. 2.] ACT 4244. additional support and maintenance, and the acquisition of eecessary property and Impi 1445 UNIVERSITY OF CALIFORNIA. Acts 4245-4250 ments for the University of California, by the levy of a rate of taxation, and the creation of a fund therefor. [Approved February 27, 1897. Stats. 1897, p. 44.] Cal. Rep Cit. 123, 623. ACT 4245. To provide a continuous appropriation for the support and maintenance of the University of California, to be an item of the general appropriation bill. [Approved March 15, 1901. Stats. 1901, p. 307.] This act appropriated the sum of $200,000 biennially. ACT 4246. To grant to the regents of the University of California the north one half of section sixteen, township seven south, of range three east, Mount Diablo meridian, and authorize the exchange thereof. [Approved March 16, 18S9. Stats. 18S9, p. 229.] ACT 4247. To appropriate money to reimburse the university for mon- eys heretofore appropriated to the endowment fund, which moneys have been by mistake withheld there- from and appropriated to other state purposes, [Stats. 1881, p. 51.] Repealed 1893, 77. See 1899, 93. ACT 4248. Appropriations for the benefit of. [Stats. 1901, p. 110.] This act appropriated $50,000 to supply a loss in the permanent fund to supply a loss through a mortgage made to one William C. Tur- ner. ACT 4249. To provide for the better control of the funds of, and for the investment and security of the same. [Stats. 1883, p. 54.] Cal. Rep. Cit. 66, 508. Unconstitutional. (People v. Kewen, 69 Cal. 215.) ACT 4250. To authorize the insurance of all property of the University of California held for purposes of income against dam- ages or loss. [Approved March 20, 1S99. Stats. 1899, p. 152.] Acta 4251-1257 UNIVERSITY OF CALIFORNIA. ACT 4251. Concerning the selection and sale of university lands. [.Sluts. l>7;;-i, p, 356.] Amended 1SS3. 36. This act also related to the determination of land contests. ACT 4252. Authorizing the regents of the state university to hold farmers' institutes, making an appro p ria ti on therefor, and prescribing the duties rrf the controller and treas- urer in relation thereto. [Approved March 18, 19Uo. Stats. 1903, p. 205.J ACT 4253. Intoxicating liquors, prohibiting sale of within two miles of. [Stats. 1878-4, [>. 12. ] Superseded by Penal Code, sec. 172, as amended April -3, I Cadlfled by amendment of Penal Code. 1905. See note to S« Penal Code Supp. \CT 4254. Appropriating two hundred and fifty thousand dollars tor the erection of buildings for the use of affiliated and other departments of the University of California. [stats. L895, p. <;:i.j ACT 4255. To appropriate one hundred and twenty-five thousand dol- lars for the erection of buildings for the use of affiliated and other departments of tne University oi California, in San Francisco. [Approved February 2.' 1 ., 1 1897, p. 14.] ACT 4256. Concerning the medical department of. [Stats. 1881. p. 2k] ACT 4256. An act authorizing the board of regents of the University of California to exchange the tract of land now consti- tuting the Santa .Monica Forestry Station. [Approved March 80, 1905. Stats, L9 15, p. 369.] ACT 4257. An act to create a department of music in the uni\ the state of California; to provide a professorship oi music and to appropriate money therefor. [Approved March 22, 1905. Stats. 1905, p. S, 1.J 1446a VAGRANCY— VALLEJO. Acts -ir.S-VJ.;:. ACT 4258. An act providing for the establishment and maintenance of a pathological laboratory, for the investigation of tree and plant diseases and pests, and branch agricultural experiment station, and making an appropriation there- for [Approved March 18, 1905. Stats. 1905, p. 249.J ACT 4259. An act authorizing the regents of the University of Cali- fornia to hold farmers' institutes, making an appropria- tion therefor, and prescribing the duties of tlie con- troller and treasurer in relation thereto. [Approved March 18, 1905. Stats. 1905, p. 225.] ACT 4260. An act to establish and maintain a state hygienic labora- tory for bacteriological and chemical analysis for the use of the state board of health, providing for the ap- pointment of a director thereof, and assistants; making an appropriation therefor and prescribing the duties of the state controller and state treasurer in relation there- to. [Approved March 18, 1905. Stats. 1905, p. 209.] ACT 4260a. An act providing for the purchase of a university farm for the use of the college of agriculture of the Universit) of California; providing for the appointment of a com- mission to select and purchase said farm, providing for a school of agriculture and a system of instruction on said farm and appropriating money therefor. LAp- proved March 18, 1905. Stats. 1905, p. 131.] TITLE 519. VAGRANCY. ACT 4261. To punish vagrants, vagabonds and dangerous and suspicious persons, [Stats. 1855, p. 217.] Amended 1S56, 32; 1863, 1770. Superseded by Penal Code, sec. 617. TITLE 520. VALLEJO. ACT 4265. Charter of. [Stats. 1899, p. 370.] Cal. Rep. Clt. 139, 168; 146, 397. Acts 42C6-42S1 VENTURA COUNTY— VETERANS' HOME. Hi ACT 4266. To incorporate the town of Vallejo. (State. 1865*6, p. 131. J ■ I by the cl I, 370. ACT 4267. To incorporate. [State. 1871-2, p. 506.] Am. • K. Su ; i ACT 4268. Vallejo township board of education, establishing. [Stats. L873 I. p. ICO.] Ann •'.. 9. Thi- c."V comn of /*!■ by the char ter of that city. 1WJ. TITLE 521. VENTURA I OUNTY. ACT 4273. Creating and establishing 1 - of. [State. 1 C 71--J. - 4, chap. CC1.X1X. S by Political Code. sec. 701 ACT 4274. ] distances, defining. [State. 1873*4, p. 21.] Baled by Political Code, sec. 200. ACT 4275. Fixing salaries of certain officers of. [Stats. 1873-4, p. 618.] lied as to county ju lsis by thr constitution of !s;:i. and 'is to the other offices by the County Government Acts. See 1M<7, 452. ACT 4276. Bonds of officers of. [State. 1877-8, p. 334.] Repea . by County Government Acts, oc. TITLE 522. VETERANS' HOME. ACT 4281. To provide for the erection of a modern hospital for the veterans' home located at i'ountville. [Stats. 1901, p. S23.J 1447 VETERANS' HOME. Acts 42S2-}'j:i3 ACT 4282. To recognize the veterans' home at Yountville as a state home for the maintenance of disabled soldiers and sailors of the United States and to designate an officer to receive money appropriated by the United States on account of said home. [Stats. 1889, p. 418.] ACT 4283. To accept from the veterans' home association the convey- ance of, and to vest the title in the state of California, to the tract of land in Napa County known as the veterans' home, with the improvements and furnish- ings thereon, to make the same a state home for United States soldiers, sailors, and marines, and to provide for the government thereof by the state. [Ap- proved March 11, 1897, Stats. 1897, p. 106.] Amended 1903, 321; 1905, 471. ACT 4284. Authorizing associated veterans of Mexican war to exchange lands. [Stats. 1871-2, p. 363.] Amended 1881, 66. ACT 4285. To authorize directors of the veterans' home association to exchange certain lands in San PVancisco for cer- tain other property belonging to said city and eounty or for a lease of said property. [Stats. 1891, p. 184.] ACT 4286. Appropriation for support of indigent persons residing in veterans' home. [Stats. 1883, p. 55.] Amended 1887, 6; 1893, 214; 1SG9, 147; 1901, 275; 1905, 191. ACT 4287. To enable any county, city and county, city, or town to lease property to any association of veteran soldiers, sailors, or marines. [Stats. 1897, p. 113.] ACT 4288. Authorizing the state treasurer to pay over to the treas- urer of the veterans' home association moneys received by him under an act of congress. [Stats. 1895, p. 26.] ACT 4289. An act to authorize and provide for the transfer of the Veterans' Home of California, its property, manage Acts -42:-0-12:<3, §§ 1, 2 VETERINARY SURGERY. U4S nunt, control and support to the government of the United States, its officers and authorities, to be con- ducted as a national home under Bueh laws as now ex- ist or which may hereafter be enacted by congress; and for the conveying of the property of said home, both real and personal, bi longing to the State of Califor- nia, situate In Napa Connty, to the government of the United states, for Bnch purpose. [Approved March 20, 1905. stats. 1905, p. 195.] ACT 4290. An act authorizing the directors nf the Veterans' Home of California to purchase and take over, for the State of California, to be need and ooatr*Ued by said hoard in the int. rests of the Veterans' Home of California, a certain piece at land adjoining the premises of the said Veterans' Home of California in the county of Napa, and appropriating the sum of three thousand dol- lars to pay for the purchase of the same. [Approved March 18,* 1905. St its. 1406, p. 167.] TITLE 523. VETEBINABY SI* RGERY. ACT 4293. An act entitled an act to regulate the practice of veteri- nary medicine and surgery in the state of California. [Approved March 2?., 1893. Stats. 1893, p. 289.] Amended 1903, 258. Section 1. It shall be unlawful for any person or per- sons to practice veterinary medicine and surgery in the state of California without having previously obtained a diploma from a college duly authorized to grant such to students in veterinary medicine and surgery, or to those who have passed satisfactory examination 1>. fore the state veterinary medical hoard, as hereinafter provided for; provided, that nothing in this act shall prevent the medical or surgical treatment of stock by the owners or mployees of owners, or by neighbors who do not as- sume to be practitioners of veterinary medicine or sur- gery. [Amendment approved March 20, 1908. Stats. 1903. p. 258.] Sec. 2. 1. This board of examiners shall be known as the state veterinary medical board, and shall consist of 1149 VETERINARY SURGERY. Act 4203, § § 3, 4 |iye duly qualified practitioners in veterinary medicine ami surgery, whose duty it shall be to carry out the pur- poses and enforce the provisions of this act. 2. The members of the state veterinary medical board shall be appointed by the governor of the state. 3. The board so appointed shall hold their offices for four (4) years, and the compensation of each member of said state veterinary medical board shall be five dollars per diem, exclusive of all necessary expenses while actually engaged in the duty of their office at the meetings of said board. 4. A meeting of the state veterinary medical board shall be held at least once in every six months after the appointment of said board by the governor of the stato of California, such meetings to be held alternately in San Francisco and Los Angeles. 5. Three members of the state veterinary medical board shall constitute a quorum. 6. Said compensation to be paid out of the fees and pen- alties received under the provisions of this act, and no part of the salary or other expenses of the state veterinary medical board shall be paid out of the state treasury. 7. All moneys received by said state veterinary medical board as such fees and penalties, in excess of the com- pensation and expense of the state veterinary medical board, shall be annually paid into the state treasury, and become a part of the general fund of the state. Sec. 3. 1. Said state veterinary medical board shall examine all diplomas as to their genuineness. Each ap- plicant not holding a diploma shall submit to a theoretical and practical examination before the state veterinary medical board; said examination to be written or oral, or both, and sufficiently strict to satisfy said board that the applicant is competent to practice veterinary medicine and surgery. 2. An examination fee of five dollars shall be paid to the state veterinary medical board by the holder of a diploma, and ten dollars by an applicant not holding a diploma; said money shall be paid by the applicant before examina- tion. 3. In case of failure of approval, said fee shall be for- feited to the state veterinary medical board. Sec. 4. All examinations of persons not graduates shall be made directly by the state veterinary medical board, and the certificates given by said board shall authorize 4U3t4ttt.il VETERINARY SURGERY. licine and but in t •" ( *.-■ T i f . . r - ma of ungrad • a hundred and three; aft< r • ■ | • • r. (I eoll [Ai: 01 upon np- proi all grant him or b< r ■ li ■ this ita ■liars; laid It' y a ma of tl shall, u] to practice, I license prominent^ thereof shall be in". .1 in tbi :• rk of t in vrhiefa ti like manner in thfl COni • |) r shall to tl holding such lien nently display in with I aft. r DO - t. r • . ■ ior such failure, a shall b rinary medicii this act, Who shall hi '1 a 1 :. • ti-. • Bat nothing in this robibit members of ti ,u from pre- scribing for d knimals in cast "f < looting a fe< therefor, nor to pro oil in ai <. Any person practicing veterinary medicine >r surgery in tbil intrary t - act shall be, guilty of s misdemeanor, the iiich shall be a fiat of n indred llara ^j-: 1451 VISA LI A— VITICULTURE. Acts 4298-4307 nor more than five hundred dollars ($500), or by imprison- ment of not exceeding six (6) months, or by both. Sec. 9. This act shall take effect sixty days from and after its passage. TITLE 524. V1SALIA. ACT 4298. Incorporating, and providing for public schools therein. [Stats. 1873-4, p. 171.] Amen-ded 1875-6, 119. Superseded by incorporating, in 1900, under statute of 1SS3. ACT 4299. [Quieting title to town lots in. Stats. 1877-8, p. 363.] TITLE 525. VITICULTUKE. ACT 4304. To define and enlarge the powers and duties of the state viticuitural commissioners, to authorize the appointment of certain officers, aud to protect the interests of horti- culture and agriculture. [Stats. 1881, p. 51.] Enlarged l!>S5, 9. .Repealed 1895, 235. Unconstitutional in part. (Ex parte Cox, 63 Cal. 2L) ACT 4305. To enlarge the duties of the board of state viticuitural commissioners. [Stats. 1885, p. 9.] Repealed 1895, 235. ACT 4306. For the promotion of the viticuitural industries of the state. [Stats. 1880, p. 52.] Enlarged 1SS1, 51; 1885, 9. Repealed 1895, 235, chap. CLXXXIX. This act provided for the creation of viticuitural districts and the appointment of viticuitural commissioners. ACT 4307. An act for the protection of the viticuitural interests of the state, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, p. 522.] : ' 1 "- 55 1-3 TPHCtrUI 1133 • '. d in ROMlk and assrmhly. d« •n:i> warranl for Buch payn brj said i difornia, and the h reby iiir. cted t.. pay I and be iu fores from and atur iis | 1452a WAGON-ROAD CORPORATIONS. Acts 4312-4319 TITLE 526. WAGON-ROAD CORPORATIONS. ACT 4312. To provide for the formation of. [Stats. 1853, p. 114.] Amended 1856, 71. Cal. Rep. Cit. 122, 338. This act was repealed by the later act of March 12, 1862, Stat? 1853. p. 169. in regard to the formation of wagon-road corporations, being Inconsistent with it. See People ex rel. Waugh v. Auburn etc. Tp. Co., 122 Cal. 335. See note to act 632, ante. 1TTLE 527. WAREHOUSES. ACT 4317. To authorize the keepers of warehouses to sell goods on storage after a certain period. [Stats. 1851, p. 170.] This act is probably superseded by the provisions of the code re- lating to storage. In the absence of positive legislation, it is difficult to determine what, if any, part of it is in force. ACT 4318. Relating to warehouse and wharfinger receipts and other matters pertaining thereto. [Stats. 1877-8, p. 949.] This act appears in full in Civil Code Appendix, p. 778. Codified by amendments of Civil Code, 1905. See note to § 1S5S, Civil Code. See post. Act 4319. ACT 4319. An act concerning warehouse receipts, and the issuing, sale and transfer thereof, and the sale of goods, wares and merchandise stored in public or private warehouses in other state. [Approved March 20, 1905. Stats. 1905, p. 322.] Section 1. That it shall be unlawful for any corporation, firm or person, their agents or employees, to issue, sell, pledge, assign or transfer in this state, any receipt, cer- tificate or other written instrument purporting to be a warehouse receipt, or in the similitude of a ware- house receipt, or designed to be understood as a ware- house receipt, for goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument, shall have been issued by the warehousemen operating such warehouse. Act 4323 WARM SPRINGS CREEK. Sec. 2. H Bhall bo unlawful for any corporation, firm or person, tin ir agents or employees, to issue, sell, pledge, as- sign or transfer in this Btate, any receipt, certificate or other writt.n instrnmenl urea or merchandise claimed to be stored or deposited, in any warehouse, public or pri- vate, in any othei knowing thai there is no Bucb warehouse located at the place Darned in Buch receipt, certifi- cate or other written instrument, nr if there be a wan I at such place, knowing that 1 1 . - r are do goods, wares merchand I or deposited therein at report, certificate or other writt.n instrument, Sec. :!. It shall 1"- unlawful for any corporation, firm or person, their H, pl< dgi . .a or transfer, in I any receipt, certiiical other written instrnmenl evidencing, or purporting to evi 'li m'p, the sale, pledge, mortgag< or bailment of any g Is, wares or merchandise stored or deposited, >>r claimed to i> ■ stored or deposited, in any warehouse, public oi private, in any other state, unless such - ,,r other writ- ten instrument shall plainly Dumber ami loca- tion <>f sueh warehouse, and shall also set forth thereto a full, true and complete copy of the receipt issued by the warehouseman operating Buch wareho n such goods, wares or merchandise are stored "i deposited, nr are claimed to be stored or deposited, Provided, that the provisions of this section Bhall not apply to ti,' j, Bale, pli nt or transfer of bona fide sued by the warehouseman public or bonded ware- houses in other states, according to the laws of the il wherein sueh warehouses may be local ;. Kv, ry corporation, firm or pc i ployi • . who -i, all knowingly Vio I the provisions of this act, shall In' d inor, an.l upon Conviction thereof, fined in any sum not less than fifty nor more than one thousand dollars, to which may be added imprisonim nt in the county jail fur any period not six months. TITLE 528. WARM SPRINGS CHI ACT 4323. ;. clare as its. L87 1-l', p. 307.] Th. •!".•• act: "Probably rt inaJeJ by Poiltu d«d Ittl." 1453 WARRANTS— WATER COMPANIES. Acts 4328-4115 TITLE 529. WARRANTS. ACT 4323. To provide for the payment of the controller of state's war- rants, which have been lost or destroyed previous to payment by the state treasurer. [Stats. 1891, p. 294.J TITLE 530. WASHINGTON TOWNSHIP. ACT 4333. Yolo County, hogs and goats in Washington Township. [Stats. 1875-6, p. 800.] Superseded by 1897, 198. TITLE 531. WATER COMMISSIONERS. The Political Code, sec. 19, continued in force all acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. For the act governing in any par- ticular township or county, see the particular title. See, also, acts 1364, 4365. TITLE 532. WATER COMPANIES. ACT 4343. For the incorporation of water companies. [Stats. 1858, p. 218.] Amended 1S61, 228. Cal. Rep. Cit. 105, 155; 105, 160. See note to act 632, ante. ACT 4344. To provide for the incorporation of water companies. [Stats. 1852, p. 17L] See note to act 632, ante. ACT 4345. For the protection of water companies. [Stats. 1861, p. 533.] This act provided a penalty for injuring, defrauding, etc. It was superseded by Penal Code, sees. 499, 592, 607, 625. W IWNIES. I4M ACT 1316. Autl rata fix water rates. [Stats. . p. 16.] ■ MS In lull In App*nllx to Civil Code. p. 7J7. ntrnlling the ««al<'. nntal and distribution ipproprial r In this itate other than in any i innty, i»r town thtnin. and to aB cnr a • 15, !'. 05,] HO. 313: 139. ». This :n full In the c: ACT 4348. An ■ council, I of aldermen, or other body of any oi town >lata and in- u, ii.. in rporal < ompany, or j • - h city and county, city, <>r t..\vn, h boards, town council, or other l( ■ p. rform th< dutii i pn scribed I •mii, an.i pre- l lie non-performance of such du- [ Appro " " P . 14.] In part. r the inhabitants ill b( fixed t or six h board or ot her i eld during I nth of February ol « • : t o 1 1 year, and shall tal i.n ' ifter, and shall continue in lull force and i tlic tern 1456 "WATER COMPANIES. Act 4348, §§ 2-5 Annual statements to be made by water companies, etc. Sec. 2. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized, and it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ordi- nance or otherwise, any corporation, company, or person supplying water to such city and county, city, or town, or to the inhabitants thereof, to furnish to such board, or other governing body, in the month of January in each year, a detailed statement, verified by the oath of the president and secretary of such corporation or company, or of such person, as the case may be, showing the name of each water-rate payer, his or her place of residence, and the amount paid "for water by each of such water-rate payers, during the year preceding the date of such statement, ami also showing all revenue derived from all sources, and an itemized statement of expenditures made for supplying water during said time. Additional statement. - Sec. 3. Accompanying the first statement made as pre- scribed in section two of this act, every such corporation, company, or person shall furnish a detailed statement, veri- fied in like manner as the statement mentioned in section two hereof, showing the amount of money actually expended annually, since commencing business, in the purchase, con- struction, and maintenance, respectively, of the property necessary to the carrying on of its business, and also the gross cash receipts annually, for the same period, from all sources. Refusal to make statement a misdemeanor. Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements mentioned in sections two and three of this act, or either of them, or who shall furnish any false statement in relation thereto, within thirty days after having been required or requested to furnish the same as prescribed in sections one, two, and three of this act, shall be deemed guilty of a misdemeanor. Copy of statement to be filed. Sec. 5. Upon receiving the statements provided for in sections two and three of this act, the board of super- visors, town council, board of aldermen, or other legislative body, shall cause a copy thereof to be made and filed in Act 4352 WATERS. l*M the office of the county recorder of such city ami county, or of the county wherein such city or town is situated. ial. S. .•. fl furnishing of water shall be equal and uniform. There shall be no discriminations made between p< ■ none and nir; tions, or as to the use of water for private and domestic, and pnblie or municipal p . provided, that nothing herein ■hall be so con- i allow any eom- pany, tion, i>r o to charge any pei corporation, or association anything for water Cum in]. any, association, or corpora- tion charging, or attempt • -ons, corporations, "r municipalities using water, any sum in I i.f tli.- ra' 1 1 . r- i n I • • . .-I. all, u|Min the complaint of said board of rs, to m council, board of aldermen, or ol dody thereof, or of any wat and ujioii conviction ■ ii rt of competent jurisdiction, shall forfeit any, asso. tion to thi :nty, city or rein th< said water is Curnisbed and ni Penalty to supervisors uegl< ree act, B. Any board of aup< nrisors or other body Of any city and county, city or town which shall : . rform i by this aet, at t -,d in the manner * el- med guilty of mail . and apoi ii 1 1.. r. • >I . at the suit of any int- arty, in any court of competent jurisdiction shall be renin from i This aet shall take effect and be in f©TC< and after the date of it> TITLE 533. W ACT 4352. An act to provide for the joint investigation with the fed- eral gov. rnn ■ . and 1466a WATERS. Act 4352, § 1 the best methods of preserving the forests thereof; and to make an appropriation for the expenses of such in- vestigations. [Approved March 18, 1905. Stats. 1905, p. 152.] Section 1. The state board of examiners are hereby em- powered to enter into contracts with the director of the Unit'ed States Geological Survey for the purpose of making topographic maps to the extent of thirty thousand dollars; also for the purpose of gauging streams, determining under- ground water supplies, surveying reservoir sites and canal locations, for the conservation and utilization of waters of the state, to the extent of twenty thousand dollars; also for the purpose of investigating the economic quality and purity of the water of the state, to the extent of one thou- sand dollars, provided, no work of the nature heretofore stated shall be done where the same will interfere with the water alreadj' appropriated or in reservoirs or now in use for irrigation purposes, or domestic purposes, under the laws of this state; also with the ""chief of the Bureau of Forestry of the Department of Agriculture for the purpose of studying the forest resources of the state and their proper conserva- tion, and especially with a view of formulating a proper state forestry policy, to the extent of ten thousand dollars; also with the director of the Office of Experiment Stations of the Department of Agriculture for the purpose of ascer- taining the best methods of distributing and using the water, to the extent of fifteen thousand dollars, provided, however, that these expenditures for such purposes shall not be in excess of the amounts to be expended by the various departments of the federal government in collaboration with the specific work named above; and provided further, that in case any of the departments of the federal govern- ment above mentioned do not contribute these funds for said co-operation, that the state board of examiners shall have power to enter into such contracts as may seem best to them with the lawfully authorized representatives of any of the departments of the federal government for the ex- penditure of said remaining balance; and provided further, that said last-mentioned expenditure for such purpose shall not be in excess of the amount to be expended by that de- partment of the federal government in collaboration with the state. Sec. 2. In order to carry out the purposes of this act, any person or persons employed hereunder are authorized to ■0-4356 WAT MM r and oross .-ill lands within this atase; provided, in so ia do*e t«> private prsysrtyi it shall ).«• a lemeanor, punishable as provided in such eases, f..r any - persona to willfully and msiicieaa or any permanent marks or monuments made or erected by anj such Nm sum of s, v. nty si x thousand dollar :i l'l •■" for the purpoeea apeeined in this act, arid the ■ .1 and directed to draw b fund from tint.- t<» time, upon the r. tion of thr - miners and f ted an, I directed to pay BUCh warrants; bali ad the appropriation berefn shall be avail" able '" the i th Isaal year, an.i the remaining one nab appropriation shall be available in thr' fiftv • reap* that one ball the funds Pot DM* .rai.l, i,' maps shall be available during the following the pa I this art. and the retnsrfnjng one half of this fund shall ho avail- twelve swathe following th< of t hi by m.ado the duty of the aurvqyi . ral and the engineer of the boarti ..f pnbHe w..rks ■ board, of exai in further ... This art shall take effect and 1>. n and after the : t To prevent obstructions in navigable atreams, [Stats. 1850, p. l« HI, 611, a-'i 1 Political Code, see. Z3M. ACT 1354. Por the pi harboi - p. 224.1 « or be&oona and th.- throw- iii part by the act of 1K7I- i . aeca. «is. ACT I Fixing and d e t ning a miner's inch ..f water. | Approved i LW1, p. d.] ACT 1356. Artesian wells, regulating use of, and preventing waste of aubterrani Stats. 1S77-8, p. 195.] 1407 WATERS. Acts 4357-43K2 ACT 4357. To ckolar-e navigable a crook in sections 35 and 36, town- ship 3 south, range 3 west, Mt. Diablo meridian. [Stats. 1867-8, p. 4m>.] This act declared a certain creek in Alameda County navigable. ACT 4358. To declare navigable a creek in sections 35 and 36, town- 1851, p. h22.J Cal. Rep. Cit. 79. 349. This act declared certain parts of the following streams navi- gable San Jose de Guavlalupe, Petaluma River, Sonoma River, Napa River, Suisun River, Sacramento River, Feather River, Yuba River, San Joaquin River, Stockton Slough, Mokelumne River, Tuolumne River, Deer Creek, and American Fork. Substantially incorporated In Political Code, sec. 2349, with the exception of the San Jose de Guade- lupe and the American Fork. ACT 4359. Declaring a certain creelc in Washington Township, Ala- meda County, navigable. [Stats. 1871-2, p. 307.] Probably repealed by Political Code, sec. 2349, as amended 1S91. ACT 4360. Alameda County, navigable streams in. [Stats. 1867-8, pp. 486-680.] This act applied, amongst others, to San Leandro Creek and John- eon's Creek. Particular streams, navigability of, see particular title. ACT 4361. Authorizing the boards of supervisors of the several coun- ties of this state to declare innavigable streams high- ways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.] Repealed by sec. 25, County Government Act, 1897, 457. ACT 4362. To authorize the board of supervisors of the several coun- ties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 1881. Stats. 1881, p. 25.] Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. Kepealed 1901, 265. This act authorized supervisors to grant privileges to build booms lo hold logs and timber. Gen. Laws— 92 ■?,. 4364. { 1 WATERS. U M ACT 4363. An ul to provide for the location of tow-paths along the brinks oi navigable streams. [Approved April i, 18' t8. 1871-2, p. 940. J Authority giv< n. 1. The > ■• ■ ■ i r. 1 of supervisors of each county in may, when public eonvenii nee Pot the purpose of rt quirt sit, I,. I, ..-at. d and op< ned a tow-path, not exceedii • in width, along the bank •r brinks of any navi. mi within the county. Yb v. In order to locate and open such tow-path, the "'. view - -hall be taken as are now by law required to be taken in the counties of 'his state tor the purpose of locating ami opening public roads and highway S, a ■"■. Th( nv lan.l over which a t.iu path shall be located and opened shall not be deprived of tlo w at' r fronl and enjoymei I any land I only to tin- right of the public to use the Bame for the purposes of conn: - ... I. It shall not 1" • :.. SOSUtlUCt or main- t . i i 1 1 ■ either Bide of anj tow path so located, but the board of ra may make all necessary rubs and regulations for t. ment ami management of tow- paths, ami may pi . i of g*ti - and for th( full and protection of the pro] through which tlo -am. passes, .">. This act shall taki from and after its pass ACT 4361. An acl ''< provide for the appointment of an examining and harbors, defining their duties ami powers, and prescribing their compensation, [Approved March 10, 1S89. Stats. L889, p. IL'o.J A ppoinl ment of i ngin< - ,ii 1. T r ..I the state, within thirty days i tin- act, shall appoint three eomp< 1459 WATERS. Act 4364, §§ 2-4 engineers in good standing in their profession, to be known and called the examining commission on rivers and har- bors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment. Oath of office. Sec. 2. Each of said commissioners shall, before enter- ing upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by elect- ing a president and secretary. Duty of commission. Sec. 3. The said commission shall make a full and care- ful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what steps are necessary for the rectification and im- provement of such rivers and streams, and shall make, or cause to be made, all such necessary and proper surveys, examinations, maps, designs, drawings, estimates, specifica- tions, and exhibits as will enable the congress of the United States to clearly understand the condition of such rivers, and the cost and expense of properly rectifying and im- proving the same. The said commission shall, whenever re- quested by the governor, also make an examination for a similar purpose into such harbors as they may be so re- quired to examine. Said commission shall have power to employ such persons at such compensation as they may deem proper, as surveyors or assistants in any of the work herein above specified. Eeport of. Sec. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein speci- fied, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to congress as the basis of an appropriation by con- gress for the improvement of the Sacramento and San Joa- quin rivers, and other navigable streams of the state, and of such bays and harbors as may have been examined by said commission as herein provided. The superintendent of state printing shall print and publish as many copies of Act* U WATSONTILLE. »*> said report and exhibits as may be ordered by the gov- ( rn.ir. Salaries. ■ r i'f tin' said oonuBiesioa shall re- salary "t t\M> thousand four hundred dollars j>«.-r an- num, payable monthly, and his traveling expenses while i formance of official d ;•! salary to be paid out of any money iu the state treas- ury not otherwise appropria and be in force from and ACT 4365. To it ate a board of comn ra and the sfioa of watercourses, [Stats. 1854, p. 76. J ; w6\. 3i; laaa, a&. Cal. I I . •!; 70, 192. . i. I>s Angvles, Napa, San Her- nar . . : a, Solano, and Tulare counties. ACT 4366. 1. 1 uf writ .r cumin FOI sfi reed County. [Stats. ACT 4367. To provide foi the joint investigation with the federal • i n nun t oi the water, of the state, and • . ing tin- foiesta tin reef; and making an appropriation for ta tea of such in\ j. [Approved March 16, 1993, Stats. j,. 171. j TITLE 534. WATSONVttdLR, ACT 4370. rt.T of. [Stats. 1903, p. 647.] cat us, ACT 4371. [ncorporating Watsonville. (Stats. 1867-8, p. 8 Sui.irs.Joil by lncor- unli r tin- statute of • 1461 WEAVERVILLE— WEIGHTS AND MEASURES. Acts *3W-4J31 TITLE 535 WEAVERV1LLE. ACT 4376. WeaverviJle, preventing hogs and goats running at large in. [Stats. 1877-8, p. 33.] Repealed by estray law, 1S9T. 1 8. TITLE 536. . WEIGHTS AND MEASURES. ACT 4381. To establish a standard of weights and measures. [Stats. 1861, p. 86.] Amended 1S61, 346; 1S63, 737. Superseded by Political Code, seed. 3209-3223. i ACT 4382. To establish a standard of weights and measures. [Stats. 1891, p. 487.]- "Of doubtful constitutionality, an 1 has never been acted under. (Condict y. Police Court, 59 Cal. 278; sec. 14, art. XI, State Const.; aubd. u, sec. S, art. I, Const, of U. S.)" — Code Commissioners' Note. ACT 4383. An act relating to weights and weighers for warehousemen and wharfingers, and matters connected therewith. [Approved March 24, 1903. Stats. 1903, p. 387.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. All persons now engaged in or who may here- after engage in a general warehouse, wharfinger or storage business for the storage of 'grain or other commodities, which in the course of such business are weighed, shall, before they engage in such business, or within sixty days after the appointment of an inspector of weights as pro- vided in section four of this act, designate in writing a person or persons as weigher or weighers for such business at the place thereof, and the person or persons so desig- nated shall thereupon, and before they shall do any weigh- ing for such business subscribe, before an officer author- ized to administer oaths, the following oath, to wit: "(I or we) designated as (weigher or weighers) will cor- rectly weigh all grain or other commodities brought to (here designating the business and place of business) for storage or weighing, or which may be taken out from- Act 4388 WEST SIDE IRRIGATION DISTRICT. HO the «nmo, and in .ill ca«cs rcndi r to the person bringing or receiving the same, as the ease may be, upon demand, a full, trin and 60X1 int of th( | "f." Bee. '-'. All persons i in tin fore- g section mentioned shall keep for and use in such busi- 00 other than trur be ! correct scales and weights. Said designation and said oath shall thereupon and with- in the time aforesaid, 1" r< COXcU d in the office of the re- corder of the county in which such business is to be or is bi Lag carried on. No i" rson, excepting the person or persons thus desig- 1 and snbseribing and recording such oath shall do any of the weighing of such busii Every person engaged in the business in said. mentioned, shall keep and use therein aone but true w. LghtS, and ,'hts must conform to the fjn adard of w< i_ I. The boai th< r< Bp< ctive coun- 1 alifornia, hereby are authorized to appoint fur tin ir n counties an inspector of weig ■ hold office a1 th< pl< a laid board and each board may allow, and whose duty it shall be from time to time to teal and examim all si Ighta kept or used in tin boainesB in the foi ined, and n port all vi.' at toraey of such county, whose duty it shall be to pr. ecute all viola- tions In ri "t . S, <•. 5. Every violation of this act shall be and is pun- ishable as 6. 1'.' si.. i he criminal actions herein it. >vide< I for, every person defrauded by fab incorrect weighing shall be entitled to recover from the person owning ur conducting such b - in the fore- going Bections mentioned, in any court of competent juris- diction, three times the amount of such shortage in w ■ tin- grain or other commodity so delivered or t out by In in. TITLE 537. WEST SIDE [BRIG I ION DISTRICT. ACT 1388. Act creating, |Stats. 1875-6, p. 731.] r-S, «8. Repealed *» 1463 WHARFINGERS— WHITTIER STATE SCHOOL. Acts 4393-440J TITLE 538. WHARFINGERS. ACT 4393. In relation to warehouse and wharfinger receipts, and other matters pertaining thereto. [Stats. 1877-8, p, 949.] Cal. Rep. Cit. 75, 355; 108, 140; 108, 141; 111, 380. In full In Appendix to Civil Code, p. 778. TITLE 539 WHARVES. The Political Code, sees. 2906 et seq., 2520 et seq. and 2567 et seq., seems to have superseded the old legislation on the subject of wharves. ACT 4398. Authorizing supervisors of counties to grant the right to construct wharves. [Stats. 1858, p. 120.] Amended 1869-70, 526; 1871-2, 908. Superseded by Political Code, sees. 2906 et seq. TITLE 540. WHEATLAND. ACT 4403. Incorporation of. [Stats. 1873-4, p. 351.] Amended 1875-6, 19; 1877-S, 441. Superseded by incorporating, in 1S91, under Municipal Corporation Act of 1883. Cal. Rep. Cit. 4S, 565. TITLE 541. WHITTIER STATE SCHOOL. ACT 4408. To establish the Whittier Reform School for Juvenile Of- fenders. [Stats. 1889, p. 111.] Amended 1893, 32S; 1905, 80. Cal. Rep. Cit. 110, 653; 117, 536; 122, 296; 13S, 495. In full in Appendix to Penal Code, p. 669. ACT 4409. To prevent evil-disposed persons from coming upon the grounds of. [Stats. 1895, p. 92.] Codified by amendments of Penal Code, 1905. See note to § 171a, Penal Code. In full in Penal Code, Appendix, p. G88. WimiNGTON— WOMAN'S RELIEF CORPS. Mt"4 ACT 4410. Beli o m rait men ts to the 1 at Whit- t i « r n School of Industry, fixing the authority tn examine and commit to Bucfa Bchoole with rior eourl uad fixing th« in which commitmi made to ' for the maintenance oi tin persona com- mit) ie manner <>t payment therefor and lixit ■ the parents to tii>' com whieh their children arc comn . p. 122.] In full In appendix to Penal Cod*?, p. 6S6. ACT 1111. An acl i" authorize the board a of the Whittier ire and keepii autted to ool in charitable or I" ai i o- institutions o.- with | i -.ii-, :iini to pay while or with suen ■ d March I s , 19 rM5, p. TITLE 542. WILMINGTON. ACT 4415. Incorporating •■ l s 71-2, p. Ins.] . lioT. lw>, 109. TITLE 543. womak i coEPa \C.T 4420. the Woman's Belief ( irps Eome N d to ..■I i hj destitute ;. Btitnte mai: ' 7 - r- 1!7 -J ACT 4421. Making an appropriation for the Bupport of ex-army n« indigent widows, wives, mothers, and dep< daughters and si civil war. al the Woman - lief < County, ifornia. [Approved Main. :,l i.j 1466 WOODERIDGE— YOLO COUNTY. Acts 4426-4 4S TITLE 544. WOODBRIDGE. ACT 4426. Woodbridge, to prevent hogs and goats running at large in. [Stats. 1875-6, p. 180.] Repealed 1897, 198. TITLE 545. WOODLAND. ACT 4431. Keincorporating. [Stats. 1873-4, p. 557.] Amended and supplemented 1875-6, 818. Amended JT77-8, 84, 447 Superseded by incorporating, in 1S90, under Municipal Corporation Act of 1SS3. TITLE 546. WEECKS. ACT 4436. Concerning watercraft found adrift. [Stats. 1850, p. 156. J Superseded by Civil Code, sees. 1S64-1872. ACT 4437. Concerning wrecks and wrecked property. [Stats. 1850, p. 173.] Superseded by Political Code, sees. 2403-2418. TITLE 547. YACHT CLUBS. ACT 4442. Authorizing the incorporation of yacht clubs. [Stats. 1869- ^70, p. 71.] Repealed by sec. 28S, Civ. Code. See note to act 632, ante. TITLE 548. YOLO COUNTY. ACT 4447. Agriculture, protection of from trespassing animals. [Stata. 1873-4, p. 343.] Repealed 1877-8, 362. ACT 4448. Trespassing of animals in. [Stats. 1877-8, p. 360.] Repealed by 1S97, 98; 1901, 607. Acts 4449-4460 YOLO COIWTY. 1«« ACT 4449. To di V( lop agricultural in* ! the construction canal in Colusa, Bolano, and Yolo counties. [Stats. 186 51.] ACT lino. To provide foT the drainage of certain lands in the coun- p. 1037.] ACT 44T.1. 31 s. 1873-4, p. 420.] Amonrtod 1875-*, 170. Wfi; 1S77-S, 637. Repealed by County (jovrrn- ACT Lizing acts of public administrator of. [Stats. 1860, I-. 207.] ACT 4453. Public r • boundary line between Yolo and Colusa 1873-4, p. 213.] ACT I Bd highway! in. [Stats. 1873-4, p. 490.] ■ ACT 4455. Providing distribution of school moneys in. [Stats. 1877-8, p. 1003.] ttlca] Code. sec. ACT 4456. Supervisors, ti rms of office and time of meeting of. [Stats. L873-4, p. 304.] Government Acts, see 1S97, 452. ACT Authorizing supervisors to levy taxes for county purposes. [Stats. 1877-8, p. 843.] .1 by sub,!. IS, sec. 25, 1897. 460. ACT 4458. Quieting title to certain lands in. [Stats. 1871-2, p. 803.J ACT 4459. Quieting title to certain lands in. [Stats. 1873-4, p. 492.J il,i. d the title of the state to the United States and Its gr.v ACT 4460. Quieting title to certain lands in. [Stats. 1873-4, p. 818.] 1467 YOSEMITE VALLEY— TUBA CITY. Acts 4461-4479 ACT 4461. Quieting title to land in. [Stats. 1877-8, p. 943.] By this act the stat; relinquished to one George Herget the title to a piece of land in Yolo County. TITLE 549. YOSEMITE VALLEY. ACT 4466. To provide for the management of the Yosemite Valley. [Stats. 1880, p. 44.] Amended 1885, 212. ACT 4467. To appropriate money foi\ the survey, location, and con- struction of a free wagon road from the town of Mari- posa in Mariposa County, to the Yosemite Valley. [Approved March 26, 1895. Stats. 1895, p. 87.] Repealed 1905, 795. ACT 4468. Appropriation for the purchase of certain roads within the limits of, [Stats. 1889, p. 142.] This act appropriated money for the purchase of the "Big Oai: Flat and Yosemite Turnpike Road" and the "Yosemite and Wawona Road." ACT 4469. To provide for certain improvements in. [Stats. 1901, p 818.] This act made an appropriation for an electric and a pumping- plant. ACT 4470. An act to recede and regrant unto the United States of America, the "Yosemite Valley," and the land embrac- ing the "Mariposa Big Tree Grove." [Approved March i>, 1UU5. Stats. Iyu5, p. 54.] TITLE 550. YEEKA. ACT 4474. Incorporating Yreka. [Stats. 1857, p. 229.] Amended I860, 313. Superseded by incorporating, in 18S8, under the statute of 1SS3. TITLE 551. YUBA CITY. ACT 4479. To incorporate. [Stats. 1877-8, p. 783.] TITLE 552. VCl'.A lor.N'TT. ACT 1181. Ifarvaville and Long TJir townships, act for protection of agriculture and to psevenl th. ng of a nim a te apon private property. [State. L875-6, p. 210.] ACT 4485. Treepaasing of animals. [Stats. 1S77-S, p. 360.J raj laws of 1S97, S8. and 1901, G07. ACT 4486. Lawful Benan in. [State. 1863, p. 357.] Rf.p. 7'*. ACT 4487. V>< fining a lawful and partition fence in. [Stats. 1871-2, p. 700.] ACT 4488. Balariei of officers, f p. ion.] by County Government Act. 1R97, 553. sec. 194. Amerniei 1901 ACT 4489. and Bala rtain officers. [Stata. 1875-6, p. r>22.] Actf, see 1897. 533. sec. 191 ACT 4490. -Mow, protection of lands from. | Stats. 1873-4, p. 223.J 789 ACT 4491. Autbori ribing or records in. [8 •'., p. 139.] ACT 4492. Providing for transcribing - - in. [Stats. 1877-8, p. ' 212.] ACT 4493. Roads an. I highways of. [Stats. 1871-2, p. 72.] ■ n. ACT 4494. Road overseers and road poll taxes. [Stats, l Code, sev as amended 1891. 4 N, 478. ACT 4495. ite fudges for Yuba an.l Sutter counties, creation and providing tor payment of salaries. [Stats. 1S97, IS.] LIST OF STATUTES. OTHER THAN THE FOUR CODES, REMAINING IN FORCE, AND OF THE AMENDMENTS THERETO, WITH REFERENCES TO DECISIONS RE- SPECTING THEIR CONSTITUTIONALITY. NOTE. — From this table are excluded all statutes which can no longer be regarded as of any substantial effect, either because di- rectly or impliedly repealed by the Codes or, though neither re- pealed by them nor otherwise, which have accomplished their pur- pose and have no other effect than to justify acts long since done by their authority, such as appropriation bills, grants of franchises, or of rights for n limited period, or directions or authorizations to perform acts which have doubtless already been done, or to con- tract obligations which have been satisfied, and statutes creating and providing for the government of municipal corporations which have become inoperative by the reincorporation of the same mu- nicipalities by or under subsequent statutes, either general or spe- cial. Page Chap. 1850. 131 49 Concerning lawful fences. Repealed by the statute of 1855, p. 154, except as to the counties of Amador, Butte. Calaveras. Colusa. Klamath, Nevada, Placer, San Bernardino, San Diego. Santa Barbara. Shasta, Siskiyou, Trinity, Tuolumne, and Tuba counties. The statute of 1855 was afterward amended to include Butte, Calaveras, and Nevada. Special acts were passed relating to other counties, but the statute of 1850 has apparently not been repealed as to Amador, Klamath. San Diego, Santa Barbara, Siskiyou, and Trinity counties. 273 117 To provide for the incorporation of colleges. Amended 1855:110; 1867-8:69, 218; 1869-70:419; 1873-4:85: supplemented 1863:775; 1871-2:10. This and other acts relating to corporations were repealed by § 238 C. C, except that corporations pre-existing the code remain subject to the laws under which they were formed, but new corporations can not be created un- der such laws (Murphy v. Pacific Bank, 119 Cal. 334), and we apprehend that all amendments to them made after the enactments of the codes were invalid. or at least not applicable to any corporation formed after the adoption of that code, because they were to acts which had already been repealed. (1469) 1170 CO x RETORT. ■■hap. 1850 — Continued. 342 125 To abolish nil laws except those passed during the 347 128 An net concerning corporations. Amended 1851:434 . p. 113. MO. Bl : amend :87, 140. 169; 1854:169 168 -7: iari : «.1 • 1SR2 17. 110. 125 ie. 40? 1873 2 148; i •'■'■ 780; supplemented L862:17; e* 1867 71 DOW above to page 273, ch;ip. 117. 1851. 185 1 * Concerning costs In criminal actions removed before ilinm v Thresher, 40 Cal. 892. of certain property of the 4 1". 122 To regulate t ided T*">2:102: 1855:168; 1878-4:798; sup- ;155. 518 181 C ii dgefl of the plains. Amended 1857:158; .123 138 To provide for the formation of mutual insurance com- pani. 1850, p. 273, chap. 117. 1852. 147 75 To authorize persons en paced in the U. S. Coast Surrey mils within the )rn 77 richt of way for railroad from Atlantic to 158 82 Prescribing tb t»f maintaining and defending aetioni OH public lands. Amended 1859:94; Gray v. Dixon, 7 1 Oal. ir.o P3 Coats ■ • f rail against the state. Superseded by 0. C. P., 5 ions. lflfl 02 Ll v.ledcments of deeds. 171 08 To provide for 'be Incorporation of water companies. Pee note to 1860, p. 2 73, chap. 117. 1853. 6*» 44 Miners' licenses Amended 1854:55; 1855:216; 18S6: 57:70, 1R2. 3ro ; 1858:808; supplemented. Doubtless unconstitutional, but see People v Naglee, 1 Oal. 2^2; Lin Sing v. Washburn. 20 Cal. 544 87 65 To provide for the formation of corporations for cer- tain purposes. Amended 1855:205; 1857:121; 1858: 133- 1859:98; 1863:786; 1868-4:149; 1869-70:182, 864; 1871-2:526. Sec note to 1850, p. 273, chap. 117. - 14 73 n for the formation of wagon road corporations. 1856:71. See chap. 65; also note last re- ferred to. 169 1°1 1 ' " r '"'' formation of plank or turnpike cor- i .us. Amended 1854:160; 1857:171, 280; 1858: 145, 265. See chap. 65. STATUTES REMAINING IN FORCE. 1471 Page Chap. 1853 — Continued. 219 160 To provide for the sale of the interest of the state in property within the water-front line in San Fran- cisco. Supplemented 1855:226; 1853:139. Unconsti- tutional in part (Guy v. Hermaner, 5 Cal. 73). 274 175 Amending act relating to corporations. See note to 1850, chap. 117. 1854. 21 9 To provide for permanent location of seat of govern- ment at Sacramento. Superseded by Const., art. XX, sec. 1. 76 57 To create a hoard of commissioners and the office of overseer to regulate watercourses. (Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Bernar- dino, San Diego, Santa Barbara, Solano, and Tulare counties.) Amended 1857:29; 1860:335; 1861:31; 1862:235. 1855. 145 119 To protect owners of crops, buildings, and improvements in the mining districts. Unconstitutional in part (Gillam v. Hutchinson, 16 Cal. 153). 154 129 Concerning lawful fences. Ame'nded 1858:123; 1861 •. 510, 513; 1863-4:465; 1877-8:765; supplemented 1860:141. 1856. 54 47 For the protection of actual settlers and to quiet title to lands. In many respects unconstitutional (Billings v. Hall, 7 Cal. 1; Lathrop v. Mills. 19 Cal. 513; Pioche v. Paul, 22 Cal. 105); and the parts not uncon- stitutional are probably superseded by the codes. 139 118 Authorizing transcribing of records in Yuba County. 206 135 Concerning the war debt of the state. 223 142 To aid officers in the Indian department. Amended 1857:186. The above-named statute is mentioned by the code commissioners at § 1346 without anything to indicate that they suppose it to be repealed by any of the codes. If, however, as is indicated by the note to § 6 of the Penal Code, that section was intended to enumerate every act or omission made punishable, then this statute must have been substantially, if not absolutely, repealed by that code. 1857. 75 80 To further extend the act concerning corporations. See note to 1850, p. 273, chap. 117. 76 82 To cede property to Eureka. 1°1 110 Supplemental to act for formation of corporations. See note to 1850, p. 273, chap. 117. 155 122 Granting swamp lands to Sacramento City. 159 135 Legalizing records of Solano County. 171 147 To authorize formation of plank road corporations. Se« note to 1S50, p. 273, chap. 117. 200 177 To legalize certain conveyances. inn cov :rs- report. VagQ Chap. 1857 — Con tin 227 194 Restrirfi' p In Sonoma and Marin ccun' U9; 1860:332; 22* : ('.unity. 229 i >7 Yreka. Amei d< d l by Incorporatinj • - under the statute of 1883. 1858. 7 9 Incorporating town of Union. Amended 1809 70:414; i I ..nut y. Snp I l B6] :277. Further note to 1850, p. ihap. 117. f Napa County from Solano and Sonoma. .-a noes made by the eomiB the linking fund. r .if Unit.. Const? to mako copies of certain rds. rning lawful fencea in Marin County/. lal to net concerning rod'- Authori cribing of records in Sutter County. i .ma. ■ati'r companies. Amended 1861:228. Jap, 117. Supplementary t.. .. • ol l- bog corporations. ,|.. 117. For the better protection of settlers on public lands. 1859. Authorizing location of townsite of Crescent City. Providing for the relinquish m enl to {he United of lands required for military or naval purposes. Authorising transcribing records in Solano County. Supplemental to ad mcerntng corporations. See 1850, p 273, chap. 117. Authorizing transcribing records in Butte County. To prevent stallions from running at large in Sacra- mento County. Extended and amend i 186 6:827; 1867-8:70; 1 to penal clausec by § 6, Penal I as to other provisions, probably repealed by - law of ls;i7. ■ I'.'i'l. p. I 151 150 Authorising transcribing records of Tehama County from the records oi I tnty\ 212 201 To legalize certain acknowledgments. 214 205 To improve the navigation of Petaluma Creek. Amended L865 6:525, 263 262 Authorizing counties to !.. kholders in railroad companies. Amended 1860:208. Repealed by t. art. IV, sec. 31. 40 57 68 65 82 84 108 108 158 2 1 1 2 i- 218 262 298 345 358 6 6 85 93 98 119 120 149 147 11 21 16 29 82 112 109 141 141 173 155 190 STATUTES REMAINING IN FORCE. 14.*:' Page Chap. 1859 — Continued. 279 266 Concerning lawful fences in San Bernardino, Colusa, Shasta. Tehama, and Placer counties. Extended to Yuba County, 1863:357. 281 267 Authorizing incorporation of rural cemetery associa- tions. Amended 1863-4:12; 1891:264; 1899:36. See 1850, p. 273, chap. 117. 298 272 Regulating salmon fisheries on Eel River. 334 305 Ceding jurisdiction to the United States over lands near Lime Point. 1860 Authorizing transcribing of records in San Luis Obispo County. For relief of purchasers at sales made by public admin- istrators. Legalizing records in San Bernardino County. Authorizing transcribing of records in Sonoma County. Lawful fences, supplementing statute concerning. Authorizing American Water and Mining Company to extend its works. Amended 1871-2:471. 175 212 Providing for conveyance of mining claims. Amended 1863:98; probably repealed by § 1901, etc., C. C. If not, then modified as to corporations by 1880:131. 182 220 Board of water commissioners for Merced County. 207 238 Legalizing acts of public administrator of Yolo County. 287 308 Providing for disposal of lots in towns on the public lands in Mendocino County. Superseded by 1867-8: 487. 1861. 41 51 In reference to corporations organized to mine outside of the state. Doubtless repealed by § 288 C. C, ex- cept as to pre-existing "corporations. See 1850, p. 73, chap. 117. 12x 129 For the relief of Marin County. 139 142 Concerning officers. Repealed by Pol. C. 831. 153 156 Incorporating Grass Valley. Amended 1862:98; 1863-4- 57; 1865-363; 1809-70:16, 47; 1877-8:192; re- pealed by new charter 1393:628. 180 187 Amending the act relating to rodeos. 183 190 For the appointment of commissioners in equity. Re- pealed by Political Code and Code of Civil Pro- cedure. 277 281 Fences in Contra Costa County, supplementing statute of 1858. 371 365 Legalizing grants of lands in city of Santa Barbara. Supplemented 1862:495; ameuded 1863:47. 380 375 Concerning telegraphic messages. Superseded by statute of 1862:288. ' 507 448 Legalizing certain records of Santa Clara County. 510 453 Fences. Amending and supplementing statute of 1855. 523 468 To restrict the herding of sheep. Amended 1865-6:56. 533 485 For the protection of water companies. Superseded by Penal Code. See §§ 499, 592, 607, 625. Gen. Laws— 93 1474 IRS' REPORT. Page Chap. 1861 — Oontiu 567 503 To authorize formation of homestead oorporationB. Re- pealed nented l -: 607 532 To provide for Incorporation of railroad companies. Re- pealed. See 1850, p. '-'"a, chap. 117. 1862. 52 62 Authorizing transcribing of reo irda i'i Bhaata County. Am 53 63 Authorizing transcribing »f records' in Bonoma County. 151 158 Corn • I'I 168 Aathorilil ting of records in Trinity County. 190 187 K<>r the formation of ■ • modi- 1 the constitution. (McCowan V. McDonald, ill Oal. 217 203 Rotating to commit the funded debt of iiaoo. Amended 474. 269 For regulating telegraphs, etc. Am led 1863*41 a] Oode i see ;; .-. 0. t 1017); but 5 14. relating B and common ications, probably remains in for. 100 2r,0 To restrict the herding of sheep in certain counties. B71 Sni lilway corporations. iled b j ! 288; 0. See l 3 "^. p. 278, chap. 117. 540 417 Authorising inc ended 1861 B:184. See 1850. p. 27:1, 1 1 7. 552 to United States all lands within Indian reser- 1 'I)S. 1863. 11 8 Concerning Spanish records in Snnta Clara Connty. 04 Concerning independent Order of Good Templars. See I °11 100 Reincorporating Placerville. Amended 1863-4:40.?; 1-71 181. .126 244 Authorizing relocation of route of Central Pacific Rail- way. n57 274 Lawful fences in Yuba County. Repealed 1 chap 359 278 Providing for the retention of the hides of slaughtered \ mended 1 -'. probably superseded by I 487 B26 Authorizing cot to South - bco Home- Railroad Association. 560 362 Conferring further powers on board of supervisors of In force (San Fran.- Kien 'il superseded by the char- ter of that city (1890:809). 84 83 87 89 109 120 167 174 187 187 303 295 STATUTES REMAINING IN FORCE. 1475 Page Chap. 1863 — Continued. 624 464 Concerning library associations. Amended 1869-70: 366; repealed by § 238, C. C. See 1850, P- 273, chap. 117. 1863-4. 76 76 Authorizing mining c irporations to change their place of business. Superseded by § 331 C. C, enacted 1875-6. Legalizing records of Placer County. Board of water commissioners for San Bernardino County. Amended 1865-6:93. 120 Authorizing mining companies of Aurora, Nevada, to re- move their place of business to California. Board of commissioners for Kaweah River, Tulare County. Amended 1865-6:314. To legalize acts of county recorders and auditors. Concerning corporations, legalizing defects in incorpora- tion. 318 310 Lawful fences in Nevada County. 344 320 To aid construction of Central Pacific Railroad. 441 388 Incorporating Markleeville. 443 389 To settle land titles in the town of Branciforte, Santa Cruz County. 463 407 To authorize sale and conveyance of lands in San Fran- cisco to Golden City Homestead Association. 471 417 To aid in carrying out the provisions of the Pacific railroad and telegraph act of congress. 475 424 Lawful fences in Tuolumne County. 482 436 Authorizing sale and conveyance of lands in San Fran- cisco to North San Francisco Homestead and Railroad Association. 500 452 Transcribing records of Napa County. 1865-6. 23 37 Supplementary to the act concerning corporations. Re- pealed except as to corporations existing prior to the adoption of the codes by § 288 C. C. 66 91 Concerning costs in San Francisco. Amended 1871-2: 93; perhaps in force as to plaintiff's costs (Fanning v. Leviston, 93 Cal. 188; Golden G. L. Co. v. Sahr- bacher, 105 Cal. 114); repealed 1895, p. 267 (Miller v. Curry, 113 Cal. 644), as to fees named in that act; repealed 1903:253. 79 98 For the protection of property in San Francisco from conflagration, and conferring powers on underwriters. Amended 1867-8:280; superseded by charter of San Francisco, art. IX, chap. 5. 102 120 Providing for the construction of a telegraph line be- tween the Atlantic and the Pacific. 107 124 To settle land titles in Benicia. 163 183 Apportioning the fees between district attorneys and their successors. Amended 1865-6:325; superseded by county government and other acts requiring offi- cers to pay their fees into the county treasury. 191 198 Authorizing executors of Joseph L. Folsom to sell and eonvey real estate. Chap. 214 216 812 2-1 151 COY' MS' REPORT. 1865-6— (\. m ir.u. d. an almshouse in San 7 ; superseded by the ■ Buenaventura. Superseded by 1873- Provid traction of lioo Am- ion of papers relating to I DO, Tn- lare. and Mar -ties. See 1893: kfl and br:. i rounty. ! ake. • is and aid the construe- ; V.ii i .-.unities. 458 876 ' -~k in corporntiona. Sup- r • '.';!> 9 0. Q.). 469 386 Providing for ml.ers of commeroe, km ended . . - - ' I 1 17. 609 470 nnissioners for Siskiyou :inBS Bay. - •...-. of town of Santa Bar- bara. 678 518 Supplemental >s. Repealed at to . r >25 Am: - l>y commissioners of the 743 543 Rel:. and mari> ■ Ties Amend- See 1850. 1 17. 546 Providing for •' mutual insurance com- I " ■ I .r Fresno Coun- Unconstitutional. (Pryor d 1873-4:940. Qrantl lusrhwaya. Modified by Penal 1867-8. 3 14 Ati'h n/inc ' of 8an Diego to 13 Bfl '" Napa River and I ' 1 - 7 1 J I 11^ and privileges in Tulare County. li i i . drainage of Sacrament 4 of ■wain | rid number two Amended 1869-70: id: 4 777 596 857 .-..:: STATUTES REMAINING IN FORCE. 1477 Page Chap. 1867-8 — Continued. 148 172 For the payment of street assessments against the prop- erty of the United States in San Francisco. Re- pealed by the charter of that city (art. VI, chap. 2, sec. 8). 201 208 Concerning ancient Jewish order of Kesher shel Barsel. Repealed, § 288 C. C. See 1850, p. 273, chap. 117. 204 214 Providir.fr for the incorporation of institutions of learn- ing, science, and art. Repealed, § 288 C. C. See 1650, p. 278, chap. 117. 245 243 To settle title to lands in San Luis Obispo Con if. v. 248 245 To create and organize the University of California. Amended 1871-2:655; probably repealed by the code, but if so, revived and made irreparable by § 9, art. IX. of the constitution of 1S79. 310 288 Concerning order of B'nai B'rifch. Repealed bv § 388 C. C. See 1850, p. 27:;. .hap. 117. 316 293 To provide for the protection of certain lands in Sit- ter County from overflow. Amended 1871-2:307; supplemented 1871-2:734. Unconstitutional as to § 21 (Brandenstein v. Hoke, 101 Cal. 131; Wilson v. Su- pervisors, 47 Cal. 91.) 323 296 Prescribing conditions for transacting insurance business. Supplemented 1869-70:321; repealed, except as to pre-existing corporations, by § 288 C. C. 335 299 Ceding lands to Crescent City. Amended 1869-70:131. 355 315 To provide for an open canal through Channel Street in San Francisco. 356 317 Declaring Islais Creek in San Francisco navigable. Re- pealed by § 2349 Pol. C. ; jurisdiction given to Har- bor Commissioners (sec. 2, Stat. 1877-8, p. 263). 379 331 Confirming order 800, quieting title to lands in San Francisco. See also 1867-8:410. 383 332 Reincorporating Petaluma. Amended 1871-2:48; 1873- 4:23, 357, 703, 865; 1875-6:288; superseded in 1884 by incorporating under the statute of 1883. 411 343 Incorporating Redwood City. Amended 1869-70:364; 1871-2:712; superseded by incorporating in 1897 under the statute of 1883. 459 372 Supplemental to the act for formation of savings cor- porations. Repealed by § 288 C. C. See 18 273, chap. 117. 487 401 Authorizing town authorities to execute certain trusts. Amended 1871-2:237. 554 431 For the better protection of the state treasury. Doubt- less superseded by § 457 Pol. C., but nevertheless amended by statute of 1895, p. 55, chap. 54. 655 483 Giving effect to the act of congress relating to the California and Oregon Railroad Company. 671 499 Granting certain rights and privileges to California Pa- cific Railroad Company. 688 522 Incorporating Watsonville. Amended 1373-4:43; 1875- 6:511; 1877.-8 :3tJ3 ; superseded by incorporating in 1889 under the statute of 1883. 1471 COMMISSIONERS" REPORT. Page chap. 1867-8 — Continued. 692 523 Authorizing the county i ■• cute certain trusts In relation to tuwn lands. Amended 1873-4:37; 1835: 115. 1869-70. 64 58 To legalize the name of Lake Ritrler. 71 72 Authorizing the ine of yacht clu'>s. Repealed hy 5 Bee note to 18 chap. 1 IT. 107 nfl rh- • ■ ■ ' :■ pealed by hap. 117. 148 144 To 010: • M to the salaries and fees therein nam> I rnment actt ng with l bill of i in named; also r- ■■■• ,ilry oountiea by special acts relating to them, (Swinnerton v. Mon- tere-. ' " an, 1 14 Cal. 198 148 K m ilating fe ilarlea In El Dorado County. 371-2:413, 4:710. Repeals the fees and salaries therein nam-'d by the various county government acts and the fee bill of I89. r . 213 146 Oonflrmlng ordinance 840 of the supervisors of Baa 173 To provide a law library in San Francj<-co Amended nap. IX. art. V. charter of San 1'ran- 241 175 Regulation of sailor boarding-houses and shipping offices in San Francisco. of San Jnan. Superseded by incor- porating. I tatntfl of 1883. - and salaries in Siskiyou County. Amend- ed ! 719. See note to p. 148, chap. 14 1, of this year. 273 180 Incorporating Gilroy. Amended 1871-2:356; 187 285 186 In relation to the county officers of Sierra County. See note to p. 143, chap. 144. 224 To prevent destruction of fish and game in the watera of Lake aferrttt, Alameda County. 352 248 Legalizing applications to purchase state lands. 353 249 To expedite the settlement of land titles in San Fran- cisco. 364 254 Supplemental to an act concerning corporations. Re- pealed by § 288 C. C. See note to 1850, p. 273, chap. 117. 389 271 Concerning county clerk and surveyor in Los Angeles County. See note to p. 148. chap. 144. 409 310 Legalizing conveyances of pueblo landa in San Diego. STATUTES REMAINING IN FORCE. 1479 Page Chap. 1869-70— Continued. 413 313 Legating proceedings of city of Sonoma relating to pueblo lands. 437 833 Regulating fees and salaries in San Luis Obispo County. Amended 1871-2:425; 1875-6:912. See note to p. 148, chap. 144. 471 854 Incorporating town of Hnrnitos. 473 356 Defining limits of Santa Rosa. 523 380 For the formation of savings, etc., associations. Re- pealed by § 288, C. C. See note to 1850, p. 273, chap. 117. 562 400 Incorporating the fire department of San Jose. See charter of that city, 1897:624. 582 422 Concerning records in Sonoma County in a foreign lan- guage. 584 425 Lawful fences in, El Dorado County. 585 426 Home of • Inebriates in San Francisco. Repealed 1895; 76, 201. 645 443 Concerning watercourses in the city of Los Angeles. 660 454 Authorizing incorporation of canal companies. Sup- plemented 1871-2:732, but repealed, except as to pre-existing corporations, by § 288 C. C. 666 458 Legalizing grants of town lands in Santa Barbara County. 668 460 For the endowment of the University of California. 686 470 Incorporating Brooklyn. Amended 1871-2:409. 723 494 To secure a lien on livestock kept, fed, or pastured, (Johnson v. Perry, 53 Cal. 351). 726 497 Concerning societies of Improved Order of Red Men. See note to 1850, p. 273, chap. 117. 779 522 Transcribing records of Santa Clara County. 802 538 Providing for improvement of public parks in San Fran- cisco. Amended 1871-2:706; superseded by charter of San Francisco, 1899:354. 815 548 Concerning gas companies. Repealed 1895:191 (Const., art. XI, sec. 19). 822 553 Corporations for trading, manufacturing, mechanical, and other lawful purposes. Repealed by § 288 C. O. See note to 1850, p. 273, chap. 117. 881 578 Concerning foreign corporations. In many respects su- perseded by 1871-2:826, as amended by 1899:111. 883 579 Giving effect to act of congress relating to the Southern Pacific Railroad Company. 1871-2. 4 4 Alameda County road tax in Oakland. Superseded. Road taxes can no longer be levied within municipal • corporations. (Co. Gov. Act, 1897:466. Miller ▼. County of Kern, 24 Cal. Dec. 478). 5 6 Petaluma, city of, powers and duties of board of educa- tion of. §§5 and 15 amended, and §§ 16 and 17 repealed, 1875-6:121. Twt> sections numbered 16 and 17 added, 1877-8:291. This city was reincorporated in 1384 under the statute of 1883. 10 1 Sonoma, city of, defining boundaries. Superseded by incorporation of the city under Hun. Gov. Act of 1883. 1480 COMM1 ' lMCPOUT. Chap 10 8 11 9 21 17 20 33 35 32 35 83 36 35 87 86 38 88 46 46 47 50 53 54 58 53 59 58 i.l 59 62 62 St 65 n 72 73 75 75 1871-2— Continued* I nf. supplementing act n{ April - of which supplement but the original act was ' I ■ ■ ■ ■ l ■ . I 1.871-2:248; demented l 81 further ■ ■ L879-6:2ff; by incorporating in 1 ■ : . - of. Super- ded by Pol. 7»1. f->r Place! County. is County, superintendent of schools, act to for. Han 1. ity; county nil' courts, dtnent to ■1 notaries public. Repealed by ikI jurors, fees of. Probably re- of the constitution »1 i s- tuper- jnrurs' i .- •-. in; . ali i.u; Hilton v. I ler million, iplfcate warrants to O. public for. m. dditiortal fees for rity and ooui .1 by 5 12, 1885: i -.: :i to annex ■ Bav - distribution of reports of. Sup- San l'i onty clerk, net in relation t chart i i. art. XVI, and ■ . ar' V. _n hititis;. by amendment 9 :83. • • i hicb abolii To pr ■ \ i '1.- .ind jacks. ; ■ i . Repealed da and hiphways of. Repealed 1678- •1:11. Oakland, legalizing ordinances of. STATUTES REMAINING IN FORCE. 1481 Page Chap. 1871-2 — Continued. 76 76 San Francisco, concerning acts of county clerk. At- tempted to be superseded by 1880, p. 20, chap. 26, as amended 1891, p. 5, chap. 7, but they were uncon- stitutional (San Francisco v. Broderiek, 125 Cal. 188); but now superseded by charter of that city. 78 77 Santa Barbara, legalizing all proceedings of. 80 80 Naturalization, provision for indexing names of persons naturalized, § 1 probably in force; § 2 superseded by the fee bill of 1895-267. 81 81 Coroners, physicians, summoning and compensation of. As to § 1, superseded by Co. Gov. Act, 1897:490, § 142. 85 88 Sonora, city of, authorizing establishment of fire de- partment. 87 90 Authorizing telegraph between Los Angeles and Wil- mington. 92 95 To encourage destruction of squirrels, etc., in counties of Los Augeles, Napa, Merced, San Bernardino, and Santa Cruz. Repealed as to Los Angeles, 1873-4:34; as to Santa Cruz, 1873-4:129; as to San Bernardino, 1873-4:691; as to Napa, 1877-8:569; in toto, 1880; 108. 94 99 Regulating proceedings in civil cases in justices' courts in San Francisco. Repealed by C. C. P. § 95. 95 100 Sonoma County, additional notaries public. Repealed by Pol. C, § 791. 95 101 San Mateo County, fixing terms of court of. Repealed by amendments to codes, 1877-8:94. 96 102 Forest fires on public lands, act to prevent destruction by. 97 104 Telegraphic communication between America and Asia, act to facilitate. 98 106 Colusa County, additional tax for judges' and district attorneys' salary fund. Probably rendered inopera- tive by the constitution, which abolished the office of county judge. 99 107 Trespassing animals in the counties of Los Angeles, San Diego, and Monterey. Repealed as to Monterey County, 1871-2:566; extended to Inyo County, 1871- 2, p. 668, chap. 450; repealed 1897:198, and 1901; 603, relating to estrays. 102 109 Mocking birds, act to prevent destruction of. 105 112 Humboldt County, concerning roads of. Amended 1873- 4:103; modified, if not superseded, by Co. Gov. Act, 1897:452, and by § 2, stats. 1883, p. 5, chap. 10. 108 113 Wilmington, incorporating town of. Amended 1871-2; 446; §§ 8 and 16 repealed 1887:109. 116 114 Judicial districts, act creating 18th. Amended 1875-6; 311; superseded by the constitution of 1879. 117 115 San Joaquin River and Stockton Slough, declaring navi- gable. Superseded by Pol. C. § 2349, as amended 1891:96. 118 117 State board of examiners, controller, and treasurer, pre- scribing duties of. Pa«e Chap iai 1 1 - 128 123 134 128 137 130 141 134 Co i'.KPoivr. 1871-2— Continued. Military academies, act to furnish arms to. tory of charter of. Amended 1R71- li .t by charter \ns muds in. I I If ;.'slize payments for. - of sheriff of. Am - - 559. 142 185 Plar. instruction, and a of iii^iiu 1883, p. 5, ehap. 10, sec 153 138 Los L city of, creating board of and author ric-r of 1.'- 157 in Bhaata, Iowa of, act to prevent hogs from ronnli Ling t" Bedding in - ;• . and Modesto in St. ity, 1877-t 158 142 Com- ida of sheriff .if. Sup. r 158 ■ corning e n "at cer- tain ofBeera of Amend) I and in • led by tl l 391 i 86 ; | 11 I 1901 159 144 Hum'. i. lilt County, additional notariea public. Boner seded by Pol. C. § 791 160 145 ' ■ for 1 'cation, construe! and maintenance of tied 1873-4; 358. 1641 146 OloTerdale, Incorporating Amended 1878 l;550; ;■ 6:171; ■ 'ting under Mun. Gov. 169 147 Humboldt County, fixing compensation of in effect repealed by Co. L68, as ami- 721. 169 148 I oty, provisions for can of indigent sick of, B ' by subdivisions 5 and 6, Got. \. ■•. l - ■: 158, and 170 1 19 ' OUnty, pub In- administrator authori?- act - iled by Co. Qar, Act. 5 55. 173 153 Amador Oonnty, iupervisora authorised to levy an ad- dit ional tax. £ general powen given by the »ni acts. 177 15H ■ ting act to regulate ;in77 - :291. 1-1 Ii.m by, rouds and highways in. Amended hap. 10, sec. 2. in certain couirty records. El Dorado County, providing for election of .treasurer and i ipensation. Super- | (5, 190. Trinitj of board of ■ I by Co. duv. Act, lo'J7:568, § •J 10. ot to punish. Putting into immediate effect certain parts of the Politi- cal and Pei al ( 384 280 l're\ paaaing through inclosures and leav iug them open, and tearing down fences. See § 7, l 8 J 385 283 Sisl i; preaervation of fish in waters of. Prob- ably laws upon the i See Pen.O. H C35, 636, 636a. 309 234 239 816 a 1 1 32J 331 - 833 265 :i77 380 J 71 'J 7 'J 391 289 392 290 393 292 397 294 STATUTES REMAINING IN FORCE. 1485 Page Chap. 1871-2 — Continued. 337 285 Fort Jones, incorporation of. Regulating practice in supreme court. Superseded by the constitution of 1879. Concerning service of summons upon absent defendants. Repealed 1873-4:495. Providing for the more effectual prevention of cruelty to animals. Repealed 1873-4:502. Santa Cruz County, authorizing condemnation of lands for road purposes. Probably superseded by the pro- visions of subdivisions' 4, 7, and 37 of § 25, Co. Gov. ■ Act, 1897:457. 400 296 Providing for appointment of a reporter in first judicial district Repealed by the abolition of district courts by constitution of 1879. 401 297 Defining time for commencing civil actions, supplement- ing act of April 22, 1850. Codified and superseded by C. C. P. § 348. 403 299 San Francisco, relative to coroners in. Amended 1873- 4:908; 1875-6:397; modified as to appointees by sec. 2, chap. 6, art. IV, charter of San Francisco; super- seded as to coroners generally by Co. Gov. Act, 1897: 490. See Kuhlman v. Superior Court, 122 Cal. 636. 411 302 Yolo County, restricting the hunting of game in. Prob- ably superseded by the general laws on the subject. See Pen. C. §§ 635, 636, 636a. 413 305 For the protection of miners. 415 308 Santa Clara County, providing for opening of Santa Clara and Saratoga avenues. Repealed 1873-4:556. Unconstitutional (Williams v. Corcoran, 46 Cal. 553). 419 310 Monterey County, fees of sheriffs of. Repealed by Co. Gov. Act, 1897:526, § 175. 432 317 Alameda County, to encourage destruction ot gophers and squirrels in. Superseded bv subd. 26, sec. 25, Co. Gov. Act, 1897:465. 432 318 Central Pacific Railroad Company, act for relief of. 434 321 Napa County, estrays in. Repealed 1873-4:705. 435 322 Concerning crimes and punishments, supplementing act of April 16, 1850. Remains in force (People v. Sal- vador, 71 Cal. 16). 437 324 Napa County, in reference to county assessor. Super- seded by Co. Gov. Act, 1897:532, § 180. 438 326 Knight's Landing, to prevent hogs and goats running at large in. Probably repealed by § 9, statute of 1897, p. 198. 440 330 Santa Cruz, in relation to office of district attorney of Repealed by Co. Gov. Act, 1897:523, § 171. 441 331 Lake County, concerning salary of district attorney. Re- pealed by Co. Gov. Act, 1897:562, § 203. 442 333 For the encouragement of agriculture and other indus- tries. Probably repealed by statute of 1880, p. 49, chap. 60, and p 62, chap. 69. 443 334 Concerning corporations, supplementing act of April 22, 1850. Amended 1875-6, 730. Unconstitutional (Chol- lar, etc., Co. v. Wilson, 66 Cal. 374). i486 COMMISSIONERS' REPORT. Pa«e Chap. 1871-2 — Continued. 448 339 Nevada County, public roads in. Amended 1878-4:293; 0:423; 1877-8:279, 864; repealed by statute of i -- sap. lu, sec. 2. 458 340 San Leandro, act to incorporate. Repealed by revisiug act, 1878-4:68. 471 342 Santa Cruz, act to incorporate, amending and supple- ag ar; of March 31, 1866. Superseded 1875-6: 189. 475 345 Authorising transfer to the general fund of money in other funds of the' state treasury. 477 347 Butte County, to prevent hunting of game within cer- ium private grounds in. 484 B51 Y ( >\tur.i Oounty, mating and establishing boundaries of. Amended 1878 4, p. 365, sec. 4, chap. 269; 5 15 Pol. C. 5 490 352 San Bernardino County, regulating fees of office and I officers of. A by foe bill, 1895:209, and by Co. Gov. Act, 1897:516, § 161. 496 353 Son< g roads and highways in. Sup- plom> 5; amended and new bi last named statute repealed 1875- 6:5J; repealed bj 1888, p. 5, chap. 10, s> 510 355 Preventing boga running at large in certain towns. See statute of 1897, p. 198, sec. 9. 510 35G irdino, making act protecting agriculture, etc., bled provisionally, 1873-4:190; also 511 357 San Francisco, I'ontirming order No. 1004 of board of supervisors. 512 358 increasing and regulating police force of. Superseded by chaps. 1-7 of art. VI11 of the charter of hau Francisco. 513 360 San Francisco, authorizing mayor of to convey certain lands. 529 373 Rod Bluff, preventing hogs fmra running at largo in. a. 9. 531 375 Sacramento, city <>f, establishing and maintaining a dis- ry in. I'i y art. XII 61 the char- ter of' Sacramento, 1898 Concerning actions for libel and slander. Amended 1880: 81. lara County, defining duties of county assessor of. See S3 148 and 162 of the Co. Gov. Act, 18'J7; 491, 507. Enforcing the collection of license taxes. In rib. Hi. i to intor[;' re grand jury. Stool and opeu Mormon Slough, Pi • 1 by charter of kton, s, l t6 to ! :618. 542 389 Napa City, act to incorporate, Reincorporated under statute of 1878-4, p. 140, chap. 117, which most oper- - a repeal of the earlier statute. 533 377 534 379 539 384 540 385 540 386 STATUTES REMAINING IN FORCE. 1487 Page Chap. 1871-2 — Continued. 544 390 San Francisco, supervisors of, transferring management, control, and direction of industrial school department to. Juvenile offenders are now committed to the Pres- ton School of Industry or the Whittier State School a»s9:100, 111). 546 892 Sacramento, city of, redemption of funded indebtedness. Amended 1887:75; 1889:325; all of these acts re pealed 1899:85. 550 395 Napa County, for the protection of fish and game in. Probably repealed by the general laws upon the sub- ject. See Pen. C. §§ 635, 636, 636a. 551 396 San Joaquin County, providing for the appointment of phonographic reporter in. Repealed, C. C. P. §§ 269- 274. (People v. Lon Me, 49 Cal. 353.) 554 400 State printing office, establishing. Superseded and re- pealed by Pol. C. §§ 526-540. 561 405 Siskiyou County, district and county courts in, time and place of holding. Amended 1877-8:94 (Am.); re- pealed by constitution of 1879. 561 406 San Francisco, in relation to board of education of. Be pealed 1873-4; 782. 563 407 To protect agriculture and prevent trespasssing of ani- mals on private property. Probably superseded by 1897:198; 1901:603, chap. 197, relating to estrays. 566 408 Vallejo, to incorporate. Amended 1871-2:757; 1873-4: 360, 381; 1875-6:25; 1877-8:398; superseded by char- ter of Vallejo, 1899:370. 582 413 Sierra County, concerning office of treasurer of. Re- pealed 1873-4: 185. 584 416 Stanislaus County, establishing a public highway and ferry <>n San Joaquin River. Superseded by sub. 35, sec. 25, Co. Gov. Act, 1897:466. 587 418 State lands, for the relief of purchasers of. Amended 1877-8:914. 590 420 Oakland, to provide funds for. 595 422 Stockton, reincorporating. Amended 1873-4:193, 439; 1875-6:523; 1877-8:220; superseded by the charter of Stockton, 1899:577 622 425 Legalizing purchase of lands belonging to state. 624 427 Solano County, to better define the duties and fix the compensation of certain officers of. Repealed by Co. Gov. Act, 1897:519, § 169. 625 428 Mokelumue Hill, town of, defining fire limits of. 627 431 San Joaquin County, authorizing road districts in, to levy a special tax. Repealed by statute of 1883, p. 5, chap. 10, § 2. 628 432 Sr.nta Rosa, reincorporating. Amended 1873-4; 378; entire act amended 1875-6:251. 650 435 San Diego, port of, establishing pilots and pilot regula- tions. 652 436 Santa Clara County, concerning streams in. Amended 1877-8:293. Superseded by sub. 41, sec. 25, and by sec. 52, Co. Gov. Act, 1897:467, 473. r.ci 450 7'! 685 BOO H8S ItT. •hap. 1871-2 — < 657 442 Public wJlJU Joaquin River, act concerning. 658 444 ni|i..\vrrinp board 'if trus- tees to grade and 3 led by • -iiiiii. fc£e; anil by the incorporation of the city under Man. Ootr. eel protecting growing crops in. Probab ■ f ii rt hi-r accommodation for. Bnper- ■ I the institution by 1897: San Kr harmacy, regulating practice of, in. Am. r ded 18T8*4:760; modi- •• of state bonds for. relating I ; i:53. 096 •: lenient of, sup • ! M ;i y l, 1831. Repealed by 0. O. P. i U 598 4C8 Amador County, providing for the payment by, to Oala- • iin indebtedness; f Ho rob 11, i *f>Q. ri in i-ourts of rec- defining • lawful end partition ■ri of men belonging irbJle in the . IX. iliarti-r of San foi payment of salaries and u peeled by (Jo. Gov. Act, 1897: ■alary of treaeurer and a> I, § 171. h. authorizing inhab- itanl dnidiug state into. Repealed .'i"ii of Sacramento, orgatus- aion of bonds of. to swamp land district No. 70. rtaia officers of. Re] l, { 160. 711 : and clerk of 7CC 490 and mar ket places in. Amei .1 d I 711 718 716 1-7 STATUTES REMAINING IN FORCE. 14&I Page Chap. 1871-2— Continuod. 725 492 Antioch, defining boundaries of. Superseded by incor- porating the town in 1890 under Mun. Gov. Act of 728 495 San Franeiaeo, board of state harbor commissioners au- thorized to sot off a part of water-front, for certain purposes. Superseded bv Pol. C. § 2524, as amended 1R89. 730 498 Sacramento, city of, authorizing George W. Chesley to lay gas-pipes in. 732 500 Canal companies in Tehama County, authorizing incor- poration of; supplementing act of April 2, 1870. 733 501 Plumas County, fixing salary of district attorney of. Re- pealed by Co. Gov. Act, 1897:565, I 2 735 503 San Francisco, conferring additional powers on board of supervisors and on auditor and treasurer. Superseded by charter of San Francisco, 1899:241-368. 736 504 San Fri ncisco, facilitating and increasing state and county and municipal licenses in. As to collector of licenses, superseded by chap. 5. art. IV, of the char- ter of San Francisco, 1899:274; as to power to impose licenses, by sul>. 15 of sec. 1, chap. 2, art. II, of the same charter. 1899:248; and probably the whole stat- ute is superseded by the various provisions of this charter. 749 509 Santa Barbara and San Luis Obispo counties, estrays in. Probablv repealed by the estray law, 1897:198; 1901: 603. 754 511 Animals, concerning assessment of. Attempted to be modified by 1873-4:376, which was, however, declared unconstitutional in People v. Townsend, 56 Cal. 634. The decision seems applicable to both statutes. 755 512 Tehama County, relating to certain officers of. Repealed by Co. Gov. Act, 1897:452, § 193. 756 514 Tehama Countv, relating to salary and duties of assessor of. Repealed by Co. Gov. Act, 1897:452. 756 515 Del Norte county, supervisors, changing planner of elect- ing. Amended 1873-4:12; repealed by Co. Gov. Act, l-:>7:452. 760 520 Monterey County, fixing terms of county court of. Amended 1875-6:35; repealed 1877-8:94 (Am.). 761 521 North Beach and Mission Railroad Company, granting certain privileges to. 764 526 San Francisco, preventing hunting and shooting on pri- vate grounds in. 765 528 San Francisco, authorizing the conveyance of a certain bit to San Francisco Ladies' Protection and Relief Society. 766 531 Humboldt, Mendocino, Trinity, and Klamath counties, to provide for denning boundaries between. 772 535 San Francisco and Alameda County, authorizing super- visors to provide suitable rooms for third and nine- teenth district courts. Superseded by constitution of 1879, abolishing the courts, and see 0. C. P. § 144. Gen. Laws— 94 1190 CO' US' REPORT. •hap. 1871 . • tinl. . rasdfl and highways in. H.v LSI 7' • 1 •* DJlder sentence of im in jnil ..f y sub. 29. M • • ppi< met ting n.-t .if mith >ri»li | nrtsori to Itl : I • Got. d Plomaa e g fi*h in iratei 796 ■ - 19, aboliabing the cmrt. 798 550 Public admioiatntora, providing for, in certain 7:490, S! 143 t.. 1 17. - ■•ier. Humboldt I th<> TO)]' Probably super- • Led 1 I in certrn t? 171. 177. 186, ami 'J 1 I .,! I i, 5CR, fix; aajmi proTiding for ttoa of tramrosd oompanies in. :iry, aotboi (minting of ls, fixing salary of. i - 7 "• f j : 1 ] ; IU] noder sia- tixing nal:i~ | .if. (iov. \r- I 7 I 177 1'' -,p|,.. : 111. 177 rring furth ■ rto. Mtion for hir i. tied by Co Gov. I 66. ,., rv ..f. Got. . 5 160. •s. re>rgan: •i of 7. and I 213 r •■•I along boundary 1- 1 147 188 1 1- STATUTES REMAINING IN FOKCiS. 14».i Page Chap. 1873-4 — Continued. 223 162 Yuba Comity, overflow, protection of lands from. Amended 1877-8:789. 228 163 Sonoma County, county surveyor of, fees of. 3 64 Mono County, stallions running at large. 229 166 Santa Cruz, town of, Isaac E. Davis and Henry Cowell authorized to lay water-pipes in. 229 167 Humboldt County, jurors in courts of justice of the peace in. As to jurors' fees, repealed 1805:273. 230 168 Santa Clara County, recorder of, fees of. Repealed by the fee bill of ] -' 5 231 169 Santa Clara County, complete records in, providing for the keeping of. Superseded by Co. Gov. Act, 1897: 484, §§ 120. 121, as to recorders only. 235 171 Loan com] additional powers to. add- ing to act of April 2. 1870:640. Superseded by 1891: 210. 236 172 Fresno and Kern counties, treasurer of, salary of. d&d 1877-8:365; repealed by Co. Gov. Acts, see - 236 173 Inyo and Alpine counties, traveling fees of sheriffs of. Amended 1877-8:372; repealed bv Co. Gov. Acts, see 1897:508, 571, 572, 5§ 211, 214, 215. 239 176 Nevada Oauafcy, quarterly meetings '>f supervisors. Re- pealed by Co. Gov. Acts, see 1897:452. 242 179 Salinas city, incorp -ration of. Repealed 1875-6:119. 271 181 San Francisco, industrial school department of. Prob- ably superseded by 1839:100, 111, chaps. 103 and 108. 272 182 San Francisco, Cemetery Avenue, authorizing supervisors t,o convey a certain piece of land comprising. 274 184 Los Angeles, city of, pablMS library, establishing in. Su- perseded bv art. VTII of the charter of Los Angeles, i:483. (People v. Howard, 94 Cal. 73.) 277 186 Stanislaus County, separating office of county recorder fr>m office of county clerk. Amended 1873-4:448; 1-77-3:1001; superseded by Co. Gov. Acts, see 1897: 452. 280 189 Nevada County, indexing certain records of. 283 193 Tulare County, public roads in. Amended 1875-6:11; repealed, 1875-6; 531. 294 195 San Luis Obispo, town of. funds for. Superseded by in- corporating, in 1834, under Mun. Gov. Act of 1883. 297 198 Intoxicating Liquors, preventing sale of on election days. 297 199 Orphan and abandoned children, care of. Amended 1877- 8:82. 302 205 Martinez, animals running at large in. Superseded by 1875-6:822, § 7. 304 206 Tolo County, supervisors, terms of office and time of meeting of. Superseded by Co. Gov. Acts, see. 1897: 452. 308 211 Alameda Creek, declaring navigable, and providing for the removal of obstructions therein. Superseded by Pol. C § £349, as amended 1891. 310 213 Butte County, protection of agriculutre in. Amended 1875-6:314; superseded by 1897:198. 14M COMMIS REPORT. Page Chap. 187^ :ird. J 14 Los Angeles Cf Snuta I'.arUara; 1899:450. rvations in. 839 public h \ie district. A: I. C. 9 1C19, at amended 341 239 ., granting right to construct road Los ■ Institute, conferring further powers ■ protection of. Repealed 1 OTT- 8:."' ■ • ■ if, in Fresno, Tulare, and Kern lies. - :.n~.i/ing board of supervisors in. • •d 181 '. salaries of. !iy the constituti "■ of 1879, abolishing the ol I and l"an of certain funds in. ■t Biid Yolo school district, uni" of. Amended 1875-6:19: : incorporating, in 1891, under ■s. making women eligible to. 37. .1 and pnrtition fences in. Amended • 864 267 County, levy of additional tax in. IS I 18, sec. 25, Co. Gov. An in new counties. 866 i and a? ' ricta, defining. Amended • • ! ■.-..! I 870 271 San ' : certain ordinances of and to Texas and Tacific 874 272 rpaneaa of. Mibs.'l2 and 18, ace. 25, Co. Got. Act, 1897:460. 403. 841 240 8«8 845 STATUTES REMAINING IN FORCE. 149! Page Ch-'p. 1873-4 — Continued. 376 273 Migratory herds or bands of livestock, assessment of. Supplemented 1875-6:797; unconstitutional. (People v. Townsend, 56 Cal. 633.) 382 278 Plumas County, tax collector of, fees of. Repealed by Co. Gov. Acts, see 1897:566, 572, §§ 206, 215. 382 279 Sonoma County, salaries and compensation of certain officers of. Amended 1873-4:720; 1875-6:576, 726; repealed by Co. Gov. Acts, see 1897:509, § 163. 391 285 San Diego, city of, school districts, legalizing and con- firming boundaries of. 392 286 Napa County, salaries and compensation of certain offi- cers. Amended 1877-S:551; repealed by Co. Gov. Acts, see 1897:532, § 180. 393 287 County treasuries, protection of. Probably repealed by Co. Gov. Acts, see 1897:462. 394 288 San Francisco, training ship, establishing and maintain- ing. Repealed 1875-6:54. 395 289 San Jose, reincorporating. Amended 1875-6:627; 1877- 8:289, 846; 1891:97; superseded by the charter of San Jose, 1897:593. 420 290 Yolo County, regulating fees and salaries of officers of. Amended 1875-6:170, 566; 1877-8:637; repealed by Co. Gov. Acts, see 1897-533, § 181. 430 293 Estate of Sumner B. Hinds, deceased, authorizing trans- fer of certain promissory notes belonging to, to the territory of Washington, 431 294 Tehama County, poll tax. As to the assessors retaining fees, repealed by Co. Gov. Acts, see 1897:552, § 193. 433 298 Marin County, compensation of certain officers of. Re- pealed as to county judges by the constitution of 1879, and as to the other officers by Co. Gov. Acts, see 1897:554, § 195. 434 299 Lake County, restricting sheep from being herded or running at large in certain parts of. Amended 1875- 6:312. 434 300 Intoxicating liquors, permitting voters to vote on ques- tion of granting license to sell. Repealed, 1875-6:10; unconstitutional (Ex parte Wall, 48 Cal. 279). 443 309 San Diego County, assessor of, compensation of. Re- pealed^by Co. Gov. Acts see 1897 :51a, § 165, 443 310 Amador County, supervisors, act in relation to. Re- pealed by Co. Gov. Acts, see 1897:453, 492, §§ 10, 157. 446 313 Amador County, revenue of. Superseded by subs. 12 and 18, sec. 25, Co. Gov. Act, 1897:460, 463. 453 319 Tuolumne County, township officers, regulating. Re- pealed by Co. Gov. Acts, see 1897:474, § 57; also C C. P. § 103. 453 320 Santa Clara County, roads and highways. Amended 1875- 6:167, 606; unconstitutional as to condemnation pro- ceedings ("Weber v. Santa Clara, 59 Cal. 265) ; re- pealed 1883:5; chap. 10. sec. 2. 465 321 Sacramento County, East Park, protection of property of. UM Po*e Chap. it. R#p*»l.-d b> • I S.-in IM ' rn»flc Ij in. 1 and II 20 1 I 1 ■ 1;. . . ». Aeu. »M STATUTES REMAINING IN FORCE. usa Page Chap. 1873-4 — Continued. 539 378 Mendocino Uonnty, reflating fees of certain officers of. iled by Co. Gov. Acts, see 1897:525, § 174, and fee bill of 1895:967. 543 380 Public buds, bona fide settlers on, protection of. 543 381 Pre-emption and homestead claimants, protection of. 544 382 Mendocino County. Big River township, purchase and ruction of free bridges in. Amended and sup- plemented 1873-4:791. 557 388 Woodland, reincorporating, Amended and supplemented 1875-6:818; am led 1877-8:84, 447; superseded by incorporating, in 1890, under Man, Corp. Act of 1883. 573 401 Sutter County, roads and highways in. Repealed 1883; 5, chap. 10, sec. 2. 574 402 Inyo Countv, additional notaries public for. Repealed by Pol. 0, § 791. 574 403 San Francisco, board of education to exchange a lot of land. 575 404 San Joaquin County, regulating salaries and fixing com- pensation of officers of. Repealed by Co. Gov. Acts, see 1*97:505, § 164. 579 405 Calaveras County, agriculture, protection of. Supple- mented 1875-6:901; repealed 1897:198. 582 411 Homesteads, alienating or incumbering. 588 415 San Francisco, supervisors, ratifying and confirming cer- tain ordinances of. Unconstitutional (Reis v. Graff, 51 Cal. 86; Brady v. King, 53 Cal. 44). 589 415 San Francisco, supervisors, legalizing, ratifying, and con- firming certain orders and resolutions of. 590 416 San Francisco, legalising grades of certain streets. 593 418 Trinity County, supervisors to fix and pay compensation of under-sheriff of. Superseded by Co. Gov. Acts, see 1897:568, § 210. 593 419 State treasurer to pay controller's warrants. 599 421 Sacramento County, allowing certain persons to take possession of and improve a certain road in. 600 422 Santa Clara County, auditor, seal of office. 601 423 Alameda Countv, deputy sheriff of, fixing compensation of. Repealed 1897:501, § 160. (102 425 Yolo and Solano counties, supervisors, powers of. 602 426 San Francisco, district attorney of, office of. Super- seded by chap. 3 of art. V of -charter of San Fran- cisco, 1899 605 430 Los Angeles, city of, special school law of, amended. Superseded by charter of that city, 1889:455. 607 433 Trinity County, supervisors to fix rate of tolls to be charged on wagon roads. See Co. Gov. Act, 1897:452, § 23, sub. 36. 610 435 Sant,> Clara C< and salaries of officers of. Re- pealed by Co. (. sae 1897-506, § 161. 614 436 Nevada school district, b jard of education of, establish- ing and < _ and duties of. 616 437 Contra y, quieting title to certain salt-marsh and tide lands in. •NEWS* REPORT. Page Chap. 1873-4 — Continued. rnanlino. and Los Angeles counties. In. See Si 217, 21- 618 4-11 S.m I., lis Obispo, Santa Barbara, and Ventura OOtti ties, i as to dilution of 1879, abolishing is to the other offices, by the Co. Gov. Acts. 619 442 Btmys Mid -tion of. I fur lighthouses and other aids to navi- gate SSI 144 I . public and private roads in. Amended -77-8:327; repealed 1883:5, chap. 633 447 - of, amended 1875-6 Led by charter of that city, 660 448 separating rder from :.'••■ iled by 663 451 State harbor c re to muke repairs on private wharv.'s in their posjsjeeeJ 665 453 : of. Amf ' :f>0, 801; su- ireting, in ih«3, under Man. Gov. . G75 4.'4 II 1 1 by incorporating statute of 689 455 .■. swamp land district No. 118. 090 »n of, name changed to Lodl. .; assessment in. U: h, '.1 (al. 15). 692 r ex officio ex y audi- tor Acts, see 1 ..il of. 700 1*1 "ct" °f certain. 700 46 h ;ties, establishing county line . ity recordor, salary of. Re; .-. amending and supplementing ■ i"05 4 7 1 s of act l 700 of, to execute certain trusts. Repealed 1878- 707 474 •' " '"• | to transfer 709 La, sea 1897 STATUTES REMAINING IN FORCE. 1501 Page Chap. . 1873-4 — Continued. 711 481 San Francisco, supervisors, auditor, and treasurer, addi- tional powers. Supplemented 1875-6:74. 714 484 Sacramento, city of, auditor and ex-officio clerk of board of trustees, salary of. Repealed by the charter of Sacramento, 1893:547. 726 498 Coal mines and miners, protection of. 727 499 San Jose, law library in, establishing. See statute of 1891:430, which, however, does not repeal this act, i.f a library had been established under or preceding it. 728 500 Sacramento, city and county, streets and roads in. Amended 1875-6, by repealing § 1, p. 303. 731 502 Firemen in certain counties, to be exempt from pay- ment of poll tax. Repealed 1875-6:287. 732 503 Constitution of state, convention to revise. 732 504 Merced and Stanislaus counties, witness fees in. Re- pealed 1875-6:493. 733 505 Butte County, salaries and compensation of officers. Amended 1875-6:753, 906; 1877-8:248; superseded by the Co. Gov. Acts (Lynch v. Butte County, 102 Cal. 448). 745 510 Mutual benefit and relief associations. Amended 1880: 25; 1901:6. 751 516 Children, educational rights of. Repealed 1903:388, § 13. 753 517 Solvent debts, taxation of. Repealed 1875-6:772, chap. 508, amending codes. 754 518 Placerville, city clerk to execute certain trusts. Re- pealed 1875-6:328. 755 520 Klamath County, annexed to Humboldt and Siskiyou. Amended and supplemented 1875-6:603. 766 531 Mineral lands, sale of. Amended 1875-6:20; 1880:26; repealed 1897:438. 768 532 El Monte township, Los Angeles County, protection from overflow. 770 533 Sale of swamp lands, distribution of funds derived from. 776 539 Red Bluff and Tehama, estrays in. Repealed 1877-8:79. 777 540 Mutual Life Insurance Company of New York and Equi- table Life Insurance Company of the United States, authorized to invest money in California. 780 545 Railroad from Marysville to Knight's Landing, construc- tion of. 783 548 Solano County, county seat, location of. Already lo- cated by Pol. C, § 3956. 785 551 Branch state prison near Folsom, erection and mainte- nance of. Superseded 1889:404. 789 553 San Francisco, ratifying order of supervisors of. 790 554 Moro Cojo Slough declared navigable. Repealed by Pol C. § 2349, as amended 1891. 794 561 Coroners and elisors, fees of. Superseded by Co Gov Acts, see 1897:481, § 105. 795 564 Alameda, town of, streets in. 796 565 Tehama County, making treasurer of ex-officio tax col- lector. Amended 1875-6:232; repealed by Co. Gov. Acts, see 1897:452. ilT. 1873-4- !. . 799 568 <)akl.-> tion of. \ I ■ r ; ' CI 807 575 Mid mnin .irt. XII. n I-'rnn 818 ippr- I • • 585 Sanl MI ■or*. al">l •'tiiifT of. 1-7" tablet in In. M Of. a r.-ml I ■ | I 887 641 892 642 896 645 896 646 904 650 905 652 909 658 STATUTES REMAINING IN FORCE. 1503 Page Chap. 1873-4 — Continued. 873 637 Colusa County, fees of office and salaries of certain offi- cers, regulating. Repealed by the fee bill of 1895: 267, and by Co. Gov. Acts, see 1897:452. 885 638 Sacramento County, delinquent reclamation assessments, collection of Superseded by Co. Gov. Acts. (Lynch, v. Butte County, 102 Cal. 446). Sutter Creek, town of, incorporating. Repealed 1875-6: 40. Oakland, authorizing to obtain a supply of water. Su- perseded by charter, 1889:529, 537. Sacramento, city of, legalizing the assessment of a sin i 1 tax. Unconstitutional (Penile v. Lynch, 51 Cal. 15). Siskiyou, Modoc, and Sonoma counties, apportioning school moneys in, manner of. Amended 1875-6:33; superceded by Pol. 0. §§ 1543, 1858. 903 649 Governor's mansion, fitting it up for use as a state printing office and state armory. Repealed 1875-6: 22 (Am.). Hogs running at large in certain towns. Repealed 1897: 198. Amador City, hogs running at large in. Repealed 1897: 198. Sacramento County, government of. Amended 1875-6: 280; 1877-8:267. Superseded by Co. Gov. Acts, see 1897:452. 910 659 State harbor commissioners, act concerning. Superseded apparently by the provisions of §§ 2520-2554, _Pol. O. 911 660 Civil officers, removal of for violation of official duty. Repealed by the constitution of 1879 and the County Government Acts i 1- laser v. Ale 5 Cal. 147). 912 661 State harbor commissioners, granting further powers to. Superseded apparently by the provisions of §§ 2520- 2554, Pol. C. Fresno County, county seat, locating. State capitol, employees at. Amended 18S0:107; 1889; 449. Female teachers, to prevent discrimination against. San Francisco, purchaser of city for lots, execution and delivery of deeds to. Oysters, encouraging planting and cultivation of. El Dorado County, disposition of proceeds of poll taxes in. Repealed by Pol. C. § 3861. San Fr&ncisco, paid fire department in. Superseded by the charter of San Francisco, art. IV, 1899:335. Reclamation district No. 124, Colusa County. 1875-6. 1 Text-books in public schools, preventing change in. Re- pealed 1880:42, and by sec. 7, art. IX. of the consti- tution (People v. Board of Education, 55 Cal. 331). 5 Los Angeles County, additional justice of peace and con- stable for. Superseded 'by C. C. P. § 103, as amended 1901 100. 15 Plumas County, roads in, keeping in repair. Superseded 1883:5, chap. 10, sec. 2. 913 663 937 666 938 667 939 669 940 671 941 674 942 676 957 678 ism REPOBX. !:■•■'■ > | •• Co. v "ffirio an •p- I 66. . ren . :5, chap. . . • ■' r mtnufic . a of. 8»r. • ' 01 Hi. • 86 63 b>ai !.> Clara ' •• to salan j _ ,,,,! he offi- aaaigna, granting right to '. rh«p. 11 12 12 M 14 II 15 M It 87 11 •1 80 11 S4 i: 83 58 60 34 61 41 41 66 45 66 54 57 68 89 01 62 92 nalarica of. Re- | and main- r of I Onklar ^edcd by the 98 Tahama County, refunding debt of. STATUTES REMAINING IN FORCE. 1M9 Page Chap. 1875-6 — Continued. 71 100 San Francisco, judge of municipal criminal court em- powered, under certain circumstances, to call in a county judge to preside. Re crative by the constitution of 1879, abolishing the on 78 109 Calaveras County, regulating certain township offices in. Superseded by C. C. P. § 103, and Co. Gov. Act, 1897: 474, § 56. 79 110 Los Angeles, city of, issuance of bonds by, for improve- ment of irrigation in. 81 111 Humboldt County, clerk of, compensation of. Repealed by Co. Gov. Act, 1897:518, § 168. 81 112 Inyo County, assessor, compensation of. Amended 1877- 8:256: repealed by Co. Guv. Act, 1897:568, § 211. 82 114 San Francisco water rates in, establishing. Amended 1875-6:760; repealed by constitution of 1879 (Spring Valley W, W. v. Bryant, 52 Gal. 132). 84 115 Contra Costa County, fees of office and compensation of officers. Repealed by fee bill of 1895:267, as to officers therein named. 91 118 Contra Costa County, salaries and compensation of officers of. Repealed by Co. Gov. Act, 1897:536, § 183. 94 119 Salinas City, reincorporating. Amended 1895-206. 124 130 Monterey County, supervisors, terms of. Amended 1877- 8:326; repealed by Co. Gov. Act of 1897:452. 127 132 Alameda County, fees, regulation of. Repealed by fee bill, 1895:267; as to officers therein named. 130 133 Los Angeles County, sheriff, fees of. Repealed by fee bill, 1895:267. 131 134 Marysville, levees, construction and repair of. 133 135 Napa state asylum for the insane. Amended 1883:281; 1887:177; 1^89:351; repealed by the lunacy commis- sion act, 1897:311. 140 136 Alpine Countv. treasurer of, bond of. Repealed by Co. Gov. Act, 1897.475, § 66. 140 137 Swamp land reclamation district No. 118, assessment in., Unconstitutional (People v. Houston, 54 Gal. 536). 141 138 Sutter Countv, school trustees, fixing time for election of. Repealed by Pol. C. § 1593, as amended 1893: 247. 141 139 Calaveras County, supervisors and district attorney, offi- ces of. Repealed by Co. Gov. Act, 1897:452. 142 140 San Francisco, county clevk to keep his office open on all election days. Repealed 1880:18. 143 143 Del Norte County, transfer of swamp land fund to gen- eral fund. Superseded by subd. 18, sec. 25, Co. Gov. Act, 1897-463. 143 144 Squirrels, destruction of. Amended 1875-6:637, and mode applicable to San Luis Obispo; superseded by subd. 26, sec. 25, Co. Gov. Act, 1897:465. 148 147 Calaveras County, terms of probate and county courts. Repealed 1877-8:94 (Am.). 148 148 Oakland, assessor, salary of. Superseded by the charter of Oakland, 1889:531, 533, §§ 40 and 44. 149 149 Marysville, reincorporating. Amended 1877-8:593. Gen. Laws — 95 1501 UT - Page Chap. 151 150 Fresno, I jrts. 154] ■ MM ■ ■ hU|il'lM'Cl ]-, :it« courtt. B«- 172 ' ■ ,-3171 .s»il>g of :. ; L08. Colusa and T.-hn- fence* in. ■ iids by. Ame ion of »gri- 198. Santa Bar). I aaa 195 rl of education, I Uihn.g aiid donning |m«cn of. 17'J 177 188 Page Chap. 237 200 249 204 250 206 281 213 2S2 211 2S7 222 305 231 STATUTES REMAINING IN FORCE. 1507 1875-6 — Continued. Contra Costa Cunt v. roftds and highways in. Amended 1*77-8:611; repealed, 1883:5, chap. 10, see. 'J. Authorizing transfer of funds. Superseded by subd. 18, see. 25, C) G >v Act, 1897:463. Santa Olara County, public roads in, protection of. Re- pealed 18TT-8:298. 251-208 Santa Rosa, reincorporating. 270 209 Stanislaus Ctranty, treasurer to transfer certain funds. rseded by subd. 18. sec. 25, Co. Gov. Act, 1897: 463. 270 210 Sonoma County, roads and highways in. Repealed 1883: 5, chap. 10, sec. 2. San Joaquin County, reclamation districts in. Santa Barbara, city of. ratifying ordinance 47, passed by common council of. Sea pulls, protection of. Sacramento County, restricting sheep from being herded or running at large in. As to running at large, see 1897:198. 307 233 San Bernardino County, protection of agriculture Re- pealed 1897.198. 311 239 El Dorado County, treasurer of to transfer certain funds. Amended 1877 8:688; superseded by subd. 18, sec "5 Co. Gov. Act, 1897:463. 312 240 Oakland, eras and water pipes in. laying of. See charter of Oakland. § 31, subd. 26; also 1SR9:539, §§ 70, 71. Purchase •' Bupplies for state officers and members of the legislature Solano ©twenty, highways in. Supplemented 1875-6:817- amended 1877-8:598; repealed 18^3:5, chap. 10, sec. 2. San Francisco, care of inebriates. Repealed 1895:76. Placerville, Charles F. Irwin appointed a trustee to ex- ecute certain trusts. Amended 1877-8:232. Santa Clara and Los Angeles counties, artesian wells in Repealed 1877-8:196. School moneys, distribution of in certain counties. Amended 18 77-8:782; repealed as to Contra Costa County, 1877-8:182; superseded by Pol. C. § 1858. Humboldt County, supervisors, fixing number of. Re- pealed by the Co. Gov. Acts, see 1897:452. San Benito County, terms of county court of. Repealed 1877-8:94 (Am.). San Mateo County, pounds in, establishing. Amended 1877- pealed by 1897:198 and subd. 14, § 25, . Co. Gov. Act, 1897:463. San Jcaquin County, roads and highways. Amended 1877-8:1034; repealed. 1883:5, chap. 10, § 2. Calaveras County, road poll taxes in, collection of. Re- pealed by Pol. C. § 2652, as amended 1891:478. Butte County, treasurer of, to transfer certain funds. Superseded by subd. 18, sec. 25, 1897:463. El Dorado County, protection of agriculture in. Re- pealed 1877-8:557. 314 24 5 316 246 325 247 328 251 331 252 332 254 333 255 334 257 335 260 341 264 354 266 355 267 356 269 UM COMMISSI" INERS' RETORT. Page Chap. 1875-6— < 860 271 Sn;, . manufacture of acids and explosive chem- ical* 801 ttiog. Amonded 1877- in la84, under ' -<83. 862 275 Sar: appointment of. Repealed 276 Sn' tehlng of fish in, by ii 636, t". rk to employ kdd led 865 i a initios, treasure led and mi. I y ; superset J ; ii5. 870 ligation of officers of. 18, i 189. 878 285 Stn- -r <■ unties, protection of 7 198. 876 I ise and erection of bridges In r .ads. 882 287 San I.uis Obispo, town of. issuance of bonds by. fr.m running at large in. Ro 198. 885 ' v *ays In. Repealed 1883:5, • time for selling property for taxes. R "■' - salary of. Re- I 1 Ml "16, } 167. making applicable to act of 1871 -2: tatter OotUtj, defining boundary t of. Amended and sup- i and Tu 1 s, boundary line between. '■•ianee of bonds for building a die sewer. hops and gnats 401 '>" w, d pr-'hate cmirts In. 404 314 '■ "" in <"™minal canes in. I : 178. 405 815 rrts and road overseers R«- »S amended In 40* -" ~ \ ■ highways in. Amer 5. chap. 10, sn 421 r ads, il | ;;. ,, os ] e{ j sec. 2, and Pol. J ». amended 18t»l :478. STATUTES REMAINING IN FORCE 1509 Page Chap. 1875-6 — Continued. 424 324 Alameda, town of, opening streets in. Repealed 1877-8: 964. 427 325 State, contracts in hehnlf of, in relation to buildings. Amended 1891:457; 1895:237. <.33 326 Dupont street, San Francisco, widening of. 444 329 St. Helena, incorporating. Amended 1877-8:791; super- seded by incorporating, in 1889, under the Mun. Corp. Act of 1883. 458 330 San Diego County, to protect agriculture, etc. Amended 1877-8:245; repealed by the estraJy law 1897:198 and 1901 :603. 461 334 New city hall, San Francisco, completion of. Amended 1877-8:82, 382. 468 335 Oakland, streets in, opening. Repealed 1877-8:619. 477 338 Humboldt County, roads in. Repealed 1883:5, chap. 10, sec. 2. 482 342 Marin County, to prevent stock from running at large upon roads and highways of. Modified by the estray law of 1897:198 and 1901:603. 485 344 Galinas Slough or creek, in Marin County, declared nav- igable Repealed by Pol. C. § 2349, as amended in 1891. 485 345 San Mateo County, supervisors, additional powers of. Superseded by Co. Gov. Acts, see 1897:452. San Bernardino County, irrigation, protecting. Grant I. Taggart, former county recorder of Shasta County, to certify and sign certain records. San Bernardino County, supervisors, compensation of. Repealed by Co. Gov. Acts, see 1897:452. San Luis Obispo County, supervisors, reorganizing. Amended 1877-8:36; superseded by Co. Gov. Acts, see 1897:452 494 355 Santa Barbara County, special road district in. Re- pealed 1877-8:108. San Francisco, inspector of steam boilers and steam tanks, appointment of. Repealed 1880:8. Alameda, Oakland & Piedmont Railway Company, grant- ing certain privileges to. San Francisco, streets, grades in, modifying. San Francisco, waterworks for, to provide and main- tain. Unconstitutional (Spring Valley v. Bryant, 52 Cal. 132; 53 Cal. 611). Repealed 1880:1. 507 362 San Francisco, superintendent of streets, further powers granted to. Repealed by Vrooman act, 1885:147. 607 363 Del Norte County, superintendent of schools, salary of. Repealed by Co. Gov. Acts, see 1897:569, § 212. 508 364 Mariposa and Merced counties, licenses, collection of. Repealed by Co. Gov. Acts, see 1897:452. 512 370 San Benito County, legalizing transcribed records of. 613 371 Dorris Bridge, name changed to Alturas. 513 372 Destruction of squirrels and gophers, act of 18G9-70; 316. Repealed as to Stanislaus County. Superseded by subd. 26, sec. 25, Co. Gov. Act, 1897:465. 486 347 487 348 488 350 493 354 496 356 499 357 500 359 501 361 1510 KT. Pa«e Chap. 1875-6 — Cmiti ruled. B78 Santa Bfl • r - anil s of. { i by 629 f or ded by B wild animals aviMitnra, ratine. Amended 187 l.y Co I 570 405 ■ ■ rial acki. • •■•unty courts in K - Santa I it) .n. Santa Cru* ' teri of Rp. I relief of: lupplemer if Mur I ■ Bled by insolvent «• inly, fees of of 593 | cl< rk of board of tru Baper ■ 639 394 6-47 558 398 170 r.7-j ■11" 411 11 - 5R3 586 STATUTES REMAINING IN FuUlE. * 1511 Page Chap. 1875-6 — Continued. 094 424 Marin County, changing terms of county and probate courts. Repealed by the constitution of" 1879, abolish- ing the office. 594 425 Sierra County, road poll tax in. Repealed by Pol C. § 2652, as amended 1891:478. 595 426 Monterey County, transfer of money from one fund to another. Superseded by subd. 18, sec. 25, Co. Gov. Act, 1897:463. 595 428 Napa, city of, water supply for. Superseded bv charter, 1893:641. 599 429 Lake County, fees and salaries of officers of. Amended 1877-8:2o6; repealed by Co. Gov. Acts, see 1897-562, § 203. 608 432 San Luis Obispo County, salaries and compensation of certain officers. Amended 1877-8:128; repealed by Co. Gov. Acts, see 1897:527, § 176. 610 433 San Francisco, president and secretary of exempt fire company to administer oaths in certain cases. 611 434 Santa Cruz County, public and private roads in. Re- pealed 1883:5, chap. 10, sec. 2. G24 440 Sacramento, city of, further powers of board of trustees. Amended 1877-8:840; superseded by the charter of Sacramento. 032 442 San Francisco, house of correction, to utilize labor of. Probably repealed by the charter of San Francisco, art. II, chap. 2, sec. 1, sub. 11. 637 446 Red Bluff, incorporating. Amended 1877-8:116; 1891: 108; repealed by incorporating, in 1895, under Mun. Corp. Act of 1883. C44 449 To prevent hogs and goats running at large on certain lands. Amended 1877-8:85; superseded 1897:198. Kern County, issuance Of bonds by. Modoc County, semi-annual payment of interest and prin- ' cipal on bonds issued to Siskiyou County. Solano County, terms of county and probate courts. Re- pealed 1877-8:94 (Am.). Mariposa County, roads and highways in. Amended 1677-8:277; repealed 18S3:5, chap. 10, sec. 2. 653 456 Corporations to own the lots and houses in which their business is carried on. Superseded by C. C. § 363. 658 459 Sacramento County, public roads in. Repealed in part i,y 1883:5. chap. 10, sec. 2, and by Co. Gov. Act, 1897: 452. Colusa, town of, incorporating. Amended 1877-8:248. Reservation from sale of certain lands. Suit agains4 state, authorizing certain persons to bring. Deaf. Dumb, and Blind Asylum, powers of directors. 469 Relief of taxpayers whose lands have been sold to the state. Underwriters, powers of. Amended 1897:223. College City, Colusa County, prohibiting sale of intoxi- cating liquors within one mile of. 692 476 Los Angeles, city of, charter of. Amended 1877-8:642; superseded by charter of 1889:455. 645 450 649 453 649 454 650 455 669 460 679 461 482 686 466 687 469 689 472 691 473 1512 • co: its- RnronT. hap. 1875-6 — Continued. ra, change of line to Santa >ny. and maintenance of a draw- brid| . 193 Illlt! - 1-; Pol. 0. Act, 768 495 M Declared impracticable 759 496 ota. nig. wig. ' - tai 788 515 Be- Dwnded 1877*8:818; repealed 795 if, Super- >:ton Townahip. v ith \\ ild Gooae Ten- ti..n uf 1879, 535 .. riffi with a I 1889:8 . : uaci1 of. 75 58 ' snd for r -- roval of 80 65 ' by PU< of. R«- ■ 88 87 77 80 70 Page Chap. 104 83 105 86 106 87 108 95 109 97 109 97 STATUTES REMAINING IN FORCE. 1515 1877-8— Continued. Nevada Count? erviso.rs to remove bodies of certain deceased persons. Alameda County, constable* duties of. Superseded by Co. Gov. Act. 1897:492, §§ 153, 154. Alameda County, executions from justices' courts. Re- pealed 1830:19. San Diego County, to appropriate funds for the use of county clerk of. Repealed by Co. Gov. Acts, see 1897: 513, § 165 Fiddletown, Amador County, name changed to Oleta. Alameda and San Mateo counties, road overseers, com- pensation of. Superseded by Pol. C. § 2652, as amended 1891:478. and Co. Gov. Acts, see 1897:452. 110 98 El Dorado County, assessor's office. Repealed by Co. Gov. Acts, see 1897:549, § 190. 111 101 San Francisco, regulating payment of money out of treasury ot. Supplemented and amended 1877-8:333; superseded by the charter of San Francisco. 129 111 Sonoma County, tees and salaries in. Amended 1877-8; repealed as to fees by the fee bill of 1895:267, as to officers therein named, and as to salaries by Co. Gov. Acts, see 1897:509, § 103. 136 113 Alameda County, supervisors of, additional powers. 140 119 Modoc County, fees and salaries of officers of. Amended 1877 8:454; repealed by Co. Gov. Acts, see 1897:566, § 208 as to salaries; and as to fees by the fee bill of 1895.267, as to the officers therein named. 154 120 San Joaquin County, terms of county court. Repealed by the constitution of 1879, abolishing the court. 155 121 Santa Cruz County, supervisors, duties and salaries of. Repealed by Co. Gov. Acts, see 1897-452. 157 123 Inyo County, treasurer of, salary of. Repealed bv Co. Gov. Acts, see 1897:568, § 211. 157 126 Tuba County, load overseers and road poll taxes. Re- vealed by Pol. C. §§ 2642, 2652, as amended 1891:474, 4 . 3. 163 128 Ban Jose, confirming and ratifying acts of mayor and common council of. 164 129 Los Angeles and Stanislaus counties, protection of agri- . culture in. Modified, if not repealed, by the estray laws of 1897.198 and 1901:603. 167 130 Illuminating power, quality and standard of. Repealed as to San Francisco by chap. 2 of art. I of the char- ter. 170 131 Alameda County, transfer of moneys to and from the treasury bv. Repealed by Co. Gov. Act, 1897: 572, § 215. 170 132 Contract between Stockton Gas Company and city of Stockton, ratified. 173 133 San Francisco, assessor to appoint deputies. Superseded by chap. 4 of art. IV of the charter of San Francisco. 173 134 Sacramento, city of, election of attorney for. Super- seded by chap 49 of the charter of Sacramento, 1893: 563. COMMISSIONERS' REPORT. 1877-8 — Continued. hHDS OovntT, funds fur improvement of court-house and ' ds. led by the es- tray lawi of 1897 Klertion tickets ' > Amend- ■ ■ ■choo] m nhution of, re- al to this county. Repealed by -. as amended 1"93 •. I to sit as ■ >■• aid "f ei|iinli/»- ■led by charter of Kureka, l fund for. sub. 18, sec. 2fl Act, 1897:463. ..ins*. Artesian wells, uee of. Section 8 repealed, 1001:284. ir, bond of. Repealed by Co. see 1897:475, { 66. Plar. '»ers of. pes! 1 to contracts, (■•led by charter "f San Francisco. and treasurer of state, transfer of certain - by. Dg ordinance No. 64. Calaveras ' public schools, eal- v. Calaveras '•4"i); re; ■ . Gov. Acts, see :. I 188. 211 174 1 poll-tax and hospital poll tax. Re- nnd by the the various I . ernment Acts. -■ cords in. •ion acainst fire, v by the. charter of Fresno, 215 170 tax for payment of crand and trial I by subs. 12 and 18, sec. 25, Co. Got. Act. "f squirrels. S ilov. Act, 1897:405. ■ ling. 8an r r powers of. Su- I : and Hrannan strei if ishing grii.: ' Pi if not repealed, by the parity San Litis O 'nit of in ' - . i Luis Obispo. n of. Swamp land 307, legs gi in 12, as amended . abolishing the office. '"hap. 174 185 it a 186 180 137 182 189 i4n 1 - I 144 146 106 155 168 S01 169 171 187 286 191 237 192 "11 206 255 210 257 214 261 218 263 219 268 221 269 222 270 223 272 224 273 225 278 230 STATUTES REMAINING IN FORCE. 1517 Page Chap. 1877-8 — Continued. 2(2 207 Oakland common council, appropriation of moneys by to certain benevolent societies. Superseded by charter of Oakland, 1889:513, sec. 31, sub. 46. Alameda County, collection of licenses in. Repealed by Co. Gov. Acts, see 1897:473, § 55. San Diego County, supervisors to transfer certain funds of. Superseded by sub. 18, sec. 25, Co. Gov. Act, 1897:463. Etna, town of, incorporating. San Francisco, water-front of. Amended 1880:10; 1889: 379; 1891:233; 1895:194; 1901:627. See Pol. C. § 2524, as amended 1901:619. Placer County, recorder of, fees of. Repealed by Co. Gov. Acts, 1897:527, § 177, and fee bill of 1895:267. Contra Costa County, justices of the peace in, fees .,f. Repealed by the fee bill of 1895:272. San Francisco, opening Army Street in. San Benito County, licenses in. Superseded by Pol. C. § 3366, as amended 1901:635, and by Co. Gov. Acts, see 1897:473, § 55. San Benito County, roads and highways in. Repealed 1883:5, chap. 10, sec. 2. North Bead) and Mission Railroad Company, granting certain privileges to. 287 238 Butte County, sheriff to collect licenses, and fixing salary therefor. Repealed by Co. Gov. Acts, see 1897:473. § 55. 290 242 Santa Clara Avenue and certain public lands in San Jose, act concerning. 292 244 Santa Barbara, city of, additional powers of common council. Superseded by charter, 1899 :448. 296 247 San Jose, establishment of board of health in. Super- seded by charter, 1897:342. 299 252 San Francisco, registration of voters. Superseded in part, if not entirely, by Pol. C. §§ 1127, 1128, 1129, and art. XI of the charter of San Francisco (Fragley v. Phelan, 126 Cal. 383). 309 253 Anaheim, incorporation of. Superseded by incorporating, in 1888, under Mun. Corp. Act of 1883. Sutter County, auditor and treasurer of to cancel certain certificates of the register of the state land office. Free public libraries and reading-rooms, establishment of. Repealed , 1880:233. Encouragement of agriculture. Superseded by 1880:49, 62; 1897:304. Ventura County, bonds of officers of. Repealed by Co. Gov. Acts, see 1897:475, § 66. University of California, permanent endowment for. San Francisco, confirming order No. 1404 of the board of supervisors of. 341 282 Montgomery Avenue, ratifying certain orders relative to street work on. Unconstitutional (Fanning v. Schanv mel, 68 Cal. 428). 324 259 329 266 332 271 334 273 337 277 338 278 COV ERS" RKTORT. 1R77-R Gontti San Ft ( Superseded swamp and I lands in. iled by .07. I in. if water rates in. Su- I f bonds for road put 10 in. ' ' d -0, sec. issuance of bonds for in-.; if. I undor Muii- I ays in. l: ch:i; title to. - »>>• Co. Got. - 1899: 41. .•-caliziiig. run- ■ I | at large. Mono Count of Re -\ and by Chap. 858 800 290 800 306 400 818 417 419 411 led by charter of San ns of dis- ts, see ■ 455 342 •-■' across the Tu 488 845 V STATUTES REMAINING IN FORCE. 1519 Page Chap. 1877-8 — Continued. 530 327 Reclamation district No. 54, Sacramento County, ratify- ing. 531 348 Reclamation district No. 252, establishing. 533 351 Hastings College of Law, creating. Superseded Dy amendatory act^of 1883:26, chap. 20, but this act was pronounced unconstitutional in People v. Kewen, 69 Cal. 215. 535 352 Oleomargarine, to prevent sale of as butter. Probably repealed by 1883:20; if not, it is superseded by 1895; 41, chap. 3S1, and 1897:05, chap. 75. 535 353> Justic •. John ]>., to cure defects in application of, to purchase lands. 536 364 Amador County, to prevent trespassing of goats in. 540 359 San Diego County, funding indebtedness of. 544 361 San Francisco, repair of streets and sewers of. Super- seded by charter of that city. 544 362 Maria County, elec ion of road overseers in. Repealed by IV.. C. 5 2042. 545 363 El Dorado ( ounty, improvement of roads in. Repealed 1863:5, chap. 10, sec. 2. 547 364 Plumas County, in relation to certain officers of. Re- pealed by Co. Gov. Acts, see 1897:565, § 206; never went into effect (Whiting v. Haggard, 60 Cal. 513). 550 365 Napa County, supervisors to transfer a certain fuiid. Superseded by subd. 18, sec. 25, Co. Gov. Act. 1897: 463. 551 367 Nevada County, regulating salaries of officers of. Re- pealed by Co. Gov. Acts, see 1897:524, § 173. 558 374 Tulare County, board of health, establishing. Super- seded by subd. 20, sec. 25, Co. Gov. Act, 1897:464. 559 375 Kern and Tulare counties, traveling fees of sheriffs of. Repealed by fee bill of 1S95:269. 561 378 Independent Order of Odd Fellows, authorizing trustees to lease a lot in San Francisco. 562 389 Reclamation district No. 317, creating. 563 380 Colusa County, additional powers of supervisors. Re- pealed by Co. Gov. Acts, see 1897:452. 563 381 San Bernardino County, regulating and protecting bee- keeping in. 564 382 Santa Cruz County, juries in justices' courts and wit- nesses in courts of record. Repealed by fee bill of 1895:273. 567 384 Butte County, sheriff, act concerning. 567 385 Colusa County, to confer certain powers on supervisors of. Repealed by the Co. Gov. Acts, see 1897:452. 569 387 Colusa County, fixing amount of official bouds in. Re- pealed by Co Gov. Acts, see 1897:475, § 66. 569 389 Napa County, providing for the building and furnishing of a court-house and jail in. 574 391 Los Angeles County, fees and salaries in. Repealed by Co, Gov. Acts, see 1897:496, § 159, and by the fee bill of 1895:267. 579 393 San Francisco, to establish and maintain a fr<=e dis- pensary in. Superseded by charter of that city. 898 601 400 KM 403 698 698 408 609 411 415 1530 KT. •hap. 1877-8 — ( 680 394 Swamp land d 70, to renrjraniia. A*' San HiTTiniMinn County, to authorize the construction of a v ! in. I aland, in Sac- I purpoaea. ■ f, feea of. Repealed by - • - • y..u County, aut! .re, and maintenance •I by aubd. 6, h Alan itrurtion of fish in. Ala ...da fur school department f flah In. I I on. k a acale fur tho mea ■! loge. Amend- 119. 814 417. Probably auperaeded by : 47. g, widening, and t 'bably aup«raeded by the nan act, ls^J:147. '. •■ 11,900 of auperriaora of. -ared navigable. See •h thia lake ia omitted, and 630 i , . i . i of cortain ■te rapid drain- uto and '.3'J8, chap. 218, .r.l of trustees. 8tt- ' .it city, 1893 :54S. 640 s u ra to eatabliah a receiving land. 082 441 1 .to cloaa. unfa—) Repealed by the fe. ■ running at I Probably repealed i i lire department of. ■ ,■ 693 'in. h the aale of adulterated ayrop. 695 450 i. : c with ©or poral 700 upon auperriaora of. STATUTES REMAINING IN FORCE, 1521 Page Chap. 1877-8— Continued. 701 458 San Luis Obispo County regulating fees of recorder of. Repealed by Co. Gov. Acts, see 1897:527, § 176. 701 459 San Luis Obispo, city, streets and roads in. Modified by Pol. C. § 2642, abolishing the oilice of road over- seers; superseded by incorporation, in 18S4, under Mun Corp. Act of 1S83. 703 461 Amador County, to provide for the location, construction, maintenance of roads in. Repealed 1883:5, chap. 10, sec. 2. 712 462 Dixon, incorporating town of. Superseding by incorpora- tion, in 1884, under Mun. Corp. Act of 1883. 732 470 Yuba. Sutter, and Placer counties, to organize a levee district in. 736 473 Alameda County, supervisors, to fix the pav of. Re- pealed by Co Gov. Acts, see 1897:501, § 160. 736 474 Monterey County, to legalize certain records of. 740 481 Creating a board of bank commissioners. Amended 1887: 90; 1895:172; 1901:30; repealed 1903:73. 746 482 Lake Bigler, preservation of fish in the waters of. 746 483 To provide for the distribution of school moneys in cer- tain counties. Repealed, see Pol. C. § 1858. 747 484 Giving a lien to loggers and laborers employed in log- ging camps. Amended 1880:38; 1887:53. 752 487 Court-house school district, Sonoma County, to re-estab- lish. 758 488 National Guard, to defiue the duties of inspectors of rifle practice. Probably repealed by Pol. C. § '^008, adopted 1897. 759 490 To provide for a convention to frame a new constitution. 773 496 San Joaquin County, to encourage destruction of squir- rels and gophers in. Superseded by subd. 26, sec. 25, Co Gov. Act, 1897:465. 777 501 Santa Barbara, laying out, opening, and improving streets in. Unconstitutional (Boorman v. Santa Barbara, 65 Cal. 313); superseded by Vrooman act, 1885:147, and by the charter of Santa Barbara, 1899:450. 778 502 El Dorado County, fixing the salaries of certain officers in. Repealed by Co. Goy. Acts, see 1897:549, § 190. 779 503 Humboldt County, providing for the scaling of logs in. 782 504 Colusa County, justices of the peace in. Repealed by fee bill of 1895:272. 782 506 San Joaquin County, salary of county judges of. Re- pealed by the constitution of 1879, abolishing the office. 783 508 Yuba City, to incorporate. 787 509 To provide for the extermination of squirrels in certain counties. Repealed 1830:7. 796 513 To supply the town of Oroville with water for fire pur- poses. 799 514 Declaring Smith River navigable. Superseded by Pol. C. § 2349, as amended 1891. 799 515 San Mateo County, terms of court in. Repealed by con- stitution of 1879, abolishing the courts named. Gen. Laws — 94 KT. 1877 - ilis pen- I im taxes in. a railm»f tin- mayor of San irtar of that ••!■ ■i d untenance of . •M riaia landa in the uaa and > ■-of Kl Do- , '.iblic health fr.'iu infection can Amended 1889: 139. 1880. To Ira m the courts existing prlof tcatea. In rein' nnd aaaiat ■ .<" clorka. lunda have bean Hli I C. I 8780, aa i , ,», half of • aUfonan. to fix vratar ratea. .ii-s issued ■ ■■ (San dad aa 20 2 7 ol donationa to the atate or jjj 2- • moke leases and otli Probably un- mal. 22 30 T ■• ■•■ navigable. Supersedad To • s to office. lie em- ■"' levee diatl . u of fruit treea and 81 80 49 36 45 Page Chap 39 51 43 57 44 58 45 59 49 60 STATUTES REMAINING IN FORCE. 1525 1880— Continued. To prohibit the issue of licenses to aliens not elisibl* to become electors. Unconstitul , le v. Quong On Long, 6 Pac Coasl L. J. 192)'; see Pol. 0. § 3GG0, as amended 1901 :6?5. To compel the operation of railroads. To provide for the management of the Yosemite Valley and Mariposa Big Tree Grove. Amended 1885:212. Concerning the powers of the railroad commissioners. Providing for the management and control of the state agricultural society. 52 62 For the promotion of the viticultural industries of the state. Enlarged 1881:51; 1885:9; all but sections 8 and 9 repealed 1895:235, chap. 189. 55 63 To protect lands not recognized as swamp lands, from overflow. Unconstitutional in some respects (Hutson v. Protection District, 79 Cal. 90); amended 1889: 366; probably superseded by 1895:247. 61 66 To confer powers on supervisors of cities and counties containing mure than one hundred thousand inhabi- tants Superseded by charter of San Francisco. 62 69 To form agricultural districts, etc. Amended 1883:30; 1885:39, 120; 1887:80; 1889:78; and partly, if not wholly, repealed by 1891:138; 1895:14. 67 71 To define, regulate, and govern the state prison of Cali- Eor ia Amended 1881:79; superseded by 1889; 404, chap. 264. 77 75 Relating to the intoxication of officers. 80 83 To prohibit the sale of intoxicating liquors in the state capitol. 80 84 To regulate and provide for a day of rest in certain cases. Unconstitutional (Ex parte Westerfield, 55 Cal. 550). 82 87 For the relief of insolvent debtors. Amended 1891:511; 1893:45; repealed 1895:131. 99 88 To provide for additional judge in Mono County. Re- pealed 18S3:72. 100 90 To empower consolidated cities and counties to make alterations in county prisons. Superseded by charter of San Francisco. 102 93 Authorizing boards of supervisors to pay expenses of posse comitatus in criminal cases. To regulate the sale of certain poisonous substances. To provide for removal of obstructions in Pitt River. Providing for the appointment of an additional notary public in San Francisco. Superseded by Pol. C. § 791. 106 100 For the protection of certain kinds of fish. Expired in 1882. 114 103 Empowering cities and counties to pay for rent of court- rooms. Superseded by charter of San Francisco. 115 105 Establishment and maintenance of a mining bureau. Re- pealed 1893:207. 119 109 To provide for appeals from i] tting reclamation or swamp laud districts. Superseded by 1893:174. 102 94 104 96 106 99 RKPORT. OTiap. 121 11 J 123 11C 123 117 118 LIS 183 120 187 194 231 120 a -j 1880— Cntii To provide for the construction, maintenance, and opern- V8. ! ftlieni from fishing in the wulrr^ of tlio state itutiooal (In re Ah ( b .•-. Coast L. J 4:.l). Iruinoge. I Turks, Furthei n in mining i ot the wu; i of Sao 1 : • . to tart u funds Klumalh bLiver uavi • h\ 1'nl I of • til.. ■ and I wm to 3 4 9 13 14 16 I ■ I 50 60 :.i holle. r the api i.v supremo 41 ; •nral swamp and 6 CaJ 151). la County. . • r •. chap. . To all' ' ip "nd ■ chap. I part* STATUTES REMAINING IN FORCE. V&1 Page Chap. 1881 — Continued. 54 52 To enable hoards of supervisors and other legislative bodies to perform the duties prescribed by see. 1, art. XTV. of the constitution. Unconstitutional in part (Fitch v. Supervisors, 122 Cal. 285). 65 55 To enable purchasers of state lands to redeem them. 68 59 To facilitate equalization of assessments in reclamation districts. 74 64 To create an additional police judge's court in San Francisc o. Su] by chap. 8 of art. IV of the chartei of San Francisco. 76 67 To confer power up. n supervisors to complete sewers. Superseded by Co. Gov. Act and the charter of San Francisco. 76 68 To provide for bridge across navigable waters. As to repairing or reconstructing, see 1897:21, chap. 2.">. 81 72 To provide a state hospital for miners. 86 75 To protect and promote the horticultural interests of te. Amended 1889:413; 1891:268; repealed 1897:244. 1883. 20 11 To prevent the sale of oleomargarine as butter. Prob- ably repealed by 1695:41 aud 1897:05. 24 17 To provide for the classification of municipal corpora- tions. Amended 1897:218. 421; 1899:141; 1901:94. 27 21 To establish and support a bureau of labor statistics. Amended 1889:6; 1901:12. 32 24 To provide for the improvement of streets, etc. Re pealed 1885:165. 53 29 To provide for the submission of amendments to the constitution. Repealed 1S99:24. 54 30 To provide for the better control of the funds of the University of California. Unconstitutional (People v. Seven, 69 Cal. 215). 55 31 Appropriation tor support of indigent persons residing in Veterans' Home. Amended 1887:6; 1893:214; 1899:147; 1901:275. 58 34 To divide the state into senatorial districts. Repealed 1891:71, chap. 81. 63 37 Fixing the jurisdiction of justices of the peace in cities and towns. Superseded by C. C. P. § 103, as amended 1901:100. 85 47 To divide the state into assembly districts. Repealed 1891:71, chap. 81. 93 49 To provide for the organization of muncipal corporations. Amended 1885:127, 134; 1887:12; 1889:371, 389; 1891:21, 28, 54, 55, 114, 233; 1893:299; 1*95:24, 159, 266; 1897:89, 175, 183, 196, 403; 1899:98; 1901:12, 18, 70 269$ 293, 656; 1903:40, 93, 13">, 330. Unconstitutional as to the provisions in § 756, requiring courts to take judicial notice of ordi a.ices (City of Tulare v. Hevren, 126 Cal. 220). 280 51 To protect the public health. 188" ppolnt ln*| '» y lands to the Uni- •are. Amended - cressioual ili^tricu kaI u( tnoncjrs after building school 1 oanli of and cities .rd of silk culture. Superseded .u in pari > •> a pro- and as to San rrancisri I v ita r infections rtOM in indigent 1884. 8 8 T the ii 160. 1885. 8 1 ' ■<• series of r I state Tit 10 11 IS 14 1 'wer to ' T. Insur , • .'nl tnanare- r chap 2 of art 1 «f the chai STATUTES REMAINING IN FORCK. 1529 Page Chap. 1885 — Continued. 31 27 Ratifying incorporation of municipal corporations. 31 23 Authorising fish commissioners to build and maintain a hatchery. 83 30 To provide for the future management of the state asy- lums for the insane. Modified, if not repealed, by 1889:329, chap. 220, and both modified, if not re- pealed by the lunacy commissi"!! net, 1897:311. 34 31 To provide fur commitments to the house of correction. Superseded 1889:111, chap. 108; 1889:100, chap. 103. 85 82 To prevent the overcrowding of asylums for the insane. Superseded by the lunacy commission act, 1897:311. 85 83 To provide an additional asylum for chronic insane. Amended 1889:130. Superseded by the lunacy com- mission act, 1897:311. 38 84 Authorizing commissioners of public parks to accept donations 40 86 To prevent the spreading of fruit and fruit-tree pests. Superseded 1899:91, chap. 76. 42 87 To authorize municipal corporations of the first class to obtain public waterworks. Repealed 1889:399. 43 38 To provide for analyzing minerals, mineral waters and other liquids, and medicinal plants. 45 39 Regulating the height of division and partition fences in cities Fences wholly on the land of their owner excluded therefrom. (Western, etc., Co. v. Knicker- bocker, 103 Cal. 111). 49 47 To advance learning, etc., and creating trusts for the en- dowment of schools and colleges. Amended 1891:454. Supplemented 1903:140. 53 48 Appropriation for the establishment of a fund for the purchase of jute. 55 52 To legalize certain acknowledgments. 77 102 To subject certain reclamation districts to the provisions of the Political Code. 95 115 To regulate and control the sale, rental, and distribu- tion of water. Amended 1897:49; 1901:80. 108 124 To authorize the appointment of an interpreter of the Italian languages in cities of one hundred thousand inhabitants. Amended 1895:37. Superseded as to San Francisco by chap. 1 of art. V of the charter of that city. 109 125 To secure wages of persons employed as laborers on threshing machines. 110 127 To insure better education of practitioners of dentistry. Amended 1893:70; repealed 1901:564. 114 131 To facilitate the giving of bonds required by law. 126 136 To compensate sheriffs for conveying prisoners. Amend- ed 1889:200. 136 147 To enable municipal corporations of the sixth class to elect officers. 139 149 To change and permanently locate the boundary line between Kern and San Luis Obispo counties. COM.M1- llT. Tagc Chap. 1885 — Coil tin 117 ) Is, lnncs, alloys, etc. ■ 199 156 d 1887: ;ii4 r 211 162 Authoi i to refand tho y lubd. 1 than 1 .1 l:.ll.i : 216 I fl ] : | lor mining bureau. K" 1887. l o To I .■'■--' I "f *h" "■parlor e irt nnJ improvement 5 0, ■*■ ..f trinl* of pi r ,«!, fur the pr 16 18 .....-.- tutional (San I 1 7 •_■ ] in the matter of . '•« and manufactured lg -in Bemnr.lino ty. ..,, (,,r lh' it of libraries, museums, irri- ' '• ■ supple- . 46 if tho stale board of fori Its title pur- : ..■: ' . IB <■■ .f ritiog of more tb i ■ rkg. the number of superior judg> d Stales cirtaiu lands at Hum- . Bay. 41 f-9 STATUTES REMAINING IN FORCB. 1531 Page Chap. 1887— Continued. 60 53 To establish a branch state normal school in northern California. 69 57 To provide foi the government of the California Home for the Care and Training of Feeble-Minded Children. • Amended 1889:155; supplemented 1897:2, 251, chap. 188; 1901:795. 74 60 To provide for the removal of the mineral cabinet from the state library. 81 72 Authorizing county clerks to take affidavits in pension cases. 82 74 To prevent persons from unlawfully wearing badge of Grand Army of the Republic. 95 82 To provide for the completion of unfinished county, city, and township buildings. Amended 1891:83; 1893: 126; 1895. 166. 110 95 To protect lite and property against the careless and malicious use of explosives. 120 104 Authorizing the incurring: of indebtedness by cities and towns. Amended 1889:14; repealed 1889:402. 139 122 To provide for compiling and publishing state school books. 147 128 For the better protection of settlers on the public lands. 150 133 To validate proceedings for the reorganization of mu- nicipal corporations. 160 148 Establishing an Industrial Home of Mechanical Trades for the Adult Btud. Amended 1889:147. 233 ISO To regulate the vocation of fishing, etc. 1889. 8 5 To provide for the proper sanitary condition of factories and workshops Amended 1901:571; 1903:16; de- clared unconstitutional (Schaezlein v. Cabaniss, 135 Cal. 466). 4 7 To regulate the hours of labor and employment of minors. Probably superseded by 1901:631. 5 8 To increase the number of superior judges in San Diego County. 13 16 To provide for the appointment of supreme court com- missioners. Superseded 1893:1. 21 21 Supplemental to 1887:29, for organization of irrigation districts. Amended 1893:516. 25 23 To establish a branch insane asylum at Ukiah. Super- seded by the lunacy commission act, 1897:311. 32 24 To encourage and provide for general vaccination. 37 30 To provide for the funding indebtedness of the several counties of the state. Superseded by § 25, Co. Gov Act, 1897:457. 38 31 To provide for thd correction and establishment of the eastern boundary of the state. Perhaps obsolete, for it provided the work was to be done in one year. 56 62 Creating police relief, health, life insurance, and pen- sion fund. Amended 1891:287, 469; 1897:52. irr . REPORT. Pag* chnp. 1889 — Contim 62 60 s :o charter .irt \ . 70 70 • 85 81 navigable Act, 457 94 89 To ratify n conreyan itiel "f than fifty thuusand i 100 103 iiry. Am. 100 : •late iunan* asyiuin at B -*9: 107 105 from 108 tueu. To a state h m act, luperior j An- gola the mai; .of publio m, suilora, and To grant certain tide lauda to the United State*. ;mea. of lnuiii- ■ f blue cranea. To i and arinv in .Marys. ■n of the record* oi i ra. . regenU of \h . ' ' Be office of the 111 108 110 1X1 201 11 l 804 333 222 848 237 352 241 356 246 361 248 375 252 388 257 STATUTES REMAINING IN FORCB. 1533 Page Chap. 1889 — Continued. r!27 212 To provide for compiling, copyrighting, and printing elementary book on civil government. 329 220 To provide foi the maintenance, support, and discharge in ceitain cases of insane persons confined in the state asylums. Probably superseded by the lunacy commission act, 1897:311. Reducing the nnmber of superior judges in San Luis Obispo County. Authorizing the several counties of the state to create a funded iwlel.tedness. Superseded by § 25, Co. Gov. Act, 1897:460. To prevent the sale of intoxicating liquors to persons addicted to the inordinate use thereof. To provide for changing the boundaries of municipal S, and to exclude territory therefrom. Su- perseded in part, at least, by 1889:433, chap. 280. 858 247 To provide for altering the boundaries of municipal corpoiations and the adding of territory thereto. See also 1889:433; 1899:41. To enable incorporated cities and towns to acquire and maintain parks. To regulate quarantine, and the admission of horses, cattle, sheep, and swine into the state. To authorize the board of state harbor commissioners to constiucl railroads over state lands and along the water front of San Francisco. Superseded by Pol. C. § 2524 399 261 To authorize the incurring of indebtedness by municipal corporations f rr the construction of waterworks, sew- ers, etc. Amended 1891 :S4, 94, 132; 1893:61. This latter amendment attempted to be repealed by 1897; 75, cliap. 87. but such repeal declared unconstitutional in C'ty of Los Angeles v. Hance, 122 Cal. 78. To regulate and govern the state prisons. To provide for the appointment of pilots at the port of "Wilmington and the bay of San Pedro. To recognize the Veterans' Home at Yountville as a state home. To provide for the erection at San Quentin of a build- to accommodate insane prisoners. Repealed 1893; 148. To provide for the appointment of an examining com- missioner on rivers and harbors. Respecting payment in full by holders of certificates of purchase of linds sold prior to March 27, 1872. To provide for changing the boundaries of cities and municipal corporations, and to exclude territory there- from 434 281 To provide for applications for the purchase of six- teenth a -ixth sections. 451 289 To pr :t:i 2 1 80 68 70 71 84 nn.l ■iieut of a Bteno^r iphpr for the I M '<>r Foh">| ns "f tl>* l ■ y Pol. C. ■ ■ ii the ios »nd : ■ - y inn- I • fort an.l ap •ailure to pay tolls. ••*. Re- 210. I 'in. • ■ .ie swamp and sur sell Lands. i era to purchase nblish a unl battallior. ■ certain lands to the Q : ■ bridge acroaa the Feather Biver at lh clash t i eummissioners to i ..ion and wiudiug up of savings LUx and treasurer to transfer . d». on coyote scalps. Repealed 1- o a salary r of the archives in istitatioiuU .' uiurriod .. : 1 §0l- la lost warrants. . : .. (01 lids. ■ ■ V7 lal 361). Page Chap. 452 235 452 236 454 238 STATUTES REMAINING IN FORvJU. 1537 1891— Continued. Authorizing stmo hoard of examiners to sell old furni- ture and material. Fixing the rate of fare on baled hops. To provide for the publication of a blue book or roster. Superseded 1893:218. 458 243 Expressing the assent of the state to the act of congress of August 30, 1890. 473 253 To prevent the destruction by fire of the property of contiguous owners. 478 255 To define the duties of and to license land surveyors. Amended 1903:267. 487 263 To establish a standard of weights and measures. Of doubtful constitutional: been acted under. (Condict v. Police Court, 59* Cal. 278; sec. 14, art. XI, State Const.; si:bd. 5, sec. 8, art. I, Const, of U. S.) — 490 264 Authorizing certain corporations to act as executors and in other capacities. Amended 1897:424; 1903:244. 513 279 Appropriation to pay the claim of A. J. Bourn. Un- constitutional (Bourn v. Hart, 93 Cal. 321). 513 280 For the payment of John J. Conlin. Unconstitutional (Conlin v. Supervisors, 99 Cal. 17). 1893. • 1 1 Providing for the appointment of supreme court com- missioners and their secretary. Continued 1897:47, chap. 52; 1899:11; 1901:273. 3 5 Providing foi aa additional judge for Alameda County. 5 8 To abolish fees or commissions paid by the state for collection of ad lalorem taxes. 6 9 Authorizing controller and treasurer to transfer certain moneys to the general fund. 12 16 To promote the purity of elections. Amended 1895:227. Unconstitutional, in so far as it requires an oath of a successful candidate for office, in addition to that prescribed by the constitution (Bradley v. Clark, 133 Cal. 196). 29 17 Limiting the time for granting franchises for the con- struction, extension, or operation of street railroads. Superseded 1897:135, 30 19 To prevent combinations to obstruct the sale of live- stock. 33 21 To provide a system of street improvement bonds. Amended 1899:40. Unconstitutional, in so far as it undertakes to make the bond conclusive evidence (Rain- ish v Hartwell, 126 Cal. 443), 42 24 To declare certain tide lands public grounds and grant- ing the same to San iiateo County. 44 27 Requiring street railroad corporations to allow United States mail carriers to ride free of charge. 46 30 Fixing the salary of the janitor of the state capitol. 49 36 To provide for the redemption and the payment of cer- tain funded debt bonds of the state. Gen. Laws — 97 oa • 54 41 54 89 57 49 75 I I - LSI 105 1893 — ''on tin To J • |« »t which jnt» ■ • a\»l b ■ To eatabHali a u I S 112, ■ Arcd to rrjr. and ■ ' . L61 187 LSI 1 8 - 174 141 181 i ;• i i - i supreme ooorl to ai> Hi >.f lmv f 1 1 nsa. ; the form.i- I . cancellation located school land 208 175 210 177 217 182 218 183 STATUTES REMAINING IN FORCE. 1539 Page Chap 1893 — Continue il. 183 153 To establish board of parole commissioners. Amended 1901:82. 183 154 To compel savings banks to publish a sworn statement of unclaimed deposits. 190 165 To provide for famishing assistants to coroners in cities and cities and counties having one hundred thousand >>r Association certain {ft fi r Humboldt County. in the mm.ufacture and sale of Au'l: ird of h.nlth to manufacture • xine. ramento County. in cun- . i-lass of a ; for the state treas- lit of 1868:554, chap. ule was, b ■ f a guardian of Sutter's i I the attorney general with law ional clerk by the i ..ml drugs. of deeds by terj STATUTES REMAINING IN FORCE. 1541 Page Chap. 1895 — Continued. 76 84 Authorizing boards or commissions having the manage- ment of paid fire departments to grant yearly vaca- tions to nnmoers thereof. Amended and supplemented 1899:57. 79 89 To authorize the board of state hnrbor commissioners to institute condemnation proceedings against certain property in San Francisco. 90 99 To establish a police court in and for the city of Eureka. Superseded by charter 1S95:378. 92 102 To prevent evil-disposed persons from coming upon the grounds of the \\ hittier State School or the Preston School of Industry. 94 104 To prevent the sale of imitation or adulterated honey. Superseded 1897:12. 95 106 To promote the protection of cities, towns, and municipal corporations from overflow by water. 98 107 Authorizing judges of superior courts in counties, cities and counties, having a population of two hundred thousand or over, to appoint a secretary. 107 115 To create an exempt firemen's relief fund. Unconstitu- tional (Taylor v. Mott, 123 Cal. 497); superseded 1901:101. 109 116 Authorizing the trustees of Auburn to remove a ceme- tery. 115 125 To provide for the disincorporation of municipal cor- porations of the sixth class. Amended 1«l!7:17; 1899 13. 119 128 To authorize the state to secure the title to right of way of a wagon road situate between Smith's Flat. El Dorado County, and Lake Tahoe. Superseded 1897: 389. 122 131 Relating to commitments to the Whittier State School and the Preston Scbi>ol of Industry. 128 138 To reduce the number of judges of the superior court of Tulare County. 128 139 Providing for the changing of the fiscal year of cities operating under a charter. 131 143 For the relief of insolvent debtors. Amended 1897:35. 156 143 To reduce the number of judges of the superior court of Fresno Courty. 161 156 To prevent the ^ile of intoxicating liquors in the imme- diate vicinity of soldiers' home. 163 159 Prescribing how judgments which may be recovered against any city and county of over one hundred thousand population .shall be paid. Apparently re- stricted to pre-existing judgments. 168 164 Providing an official stenographic reporter to the coro- ners of cities, and cities and counties, having a popu- lation of one hundred thousand or more inhabitants. Superseded as to San Francisco by its charter, 169 165 To create the office of fish and game warden. IM RT. Page Chap 1895 — Contin lTo --rente s public hers' annuity and P 2:1. 101 | . 107 17-1 To '- by reclamation dis "f tale and redamp- ■ mi' rt f..r 1 1i •• I in counties of 111' •d I .or than i 221 ■ : any luin t :ts. • f a clerk in tin- office of tho tu] fur pulilic build 2 IT . . aa to •in fees I atalil' t the thirty fuurth ell 274 20rt To | l of rock cruah- planta at tii pi iaoac 845 of the Law." Amea 848 223 tuti.inal (i rs. 1 1 I 1897. 6 6 To provide f.>r thi t and operation of rail roads all .in. 12 15 21 25 22 26 STATUTES REMAINING IN FORCE. 154:s Page Chap. 1897 — Continued 5 7 To require an .inventory of stjte and county property. Amended 1901:93. 7 9 To increase the number of judges of the superior court of Santa Clara County. " 9 13 Conferring power upon the governing body of municipal corporations of the first class to provide for the erec- tion of a municipal hospital. 12 14 To regulate medical practice, to prevent blindness in in- fants. To prohibit the adulteration of honey. Concerning bridges across navigable streams. To change and permanently locate the boundary line between the counties of Butte and Yuba. 27 29 To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. 28 30 To authorize any city or city and county to take its census 29 32 To legalize certain acknowledgments. 30 34 To authorize state agricultural societies to sell prop- erty held by them in fee. Amended and supplanted by 1899:106. 84 37 Providing for the destruction of municipal bonds where the same have been executed and remain unsold. For tht protection of the Antwerp messenger or homing pigeon. To provide additional support and maintenance, and for the acquisition of necessary property and improve- ments for the University of California. To authorize cities to lay out, construct, and maintain streets to public parks outside their limits. Authorizing cities and towns to grant franchises for the constiuction and maintenance of railroads to public parks beyond their limits. 51 To extend the jinisdiction of cities and towns over parks owned by them outside their limits. To provide for tht appointment of commissioners of the supreme court. Superseded 1901 :273. To provide for a separate judge for each of the counties of Yuba and Sutter. Ceding to the United States jurisdiction over all lands acquired for military purposes. To protect candidates for certain public offices. Relating to salaries of officers of fire departments in municipalities of the first class. Unconstitutional (Popper v. Broderick, 123 Cal. 456). Relating to pension matttrs and claims against counties. To provide for increasing the efficiency of fire depart- ments in municipalities of the first class. To prevent deception in the manufacture and sale of butte; and sheeee. Defining the different grades of cheese and for branding the same. 37 39 44 48 45 49 46 50 47 51 47 52 48 53 51 56 53 59 54 60 55 67 61 70 65 75 69 76 COY UT. ' th* police class. Un- Oal. 456). 74 rd natty 1901.: 74 - to certain 75 82 I. Un- (Lo« An files v. Han' Ca! 77). -. rate of com]' - labor on 99 97 To rrjru!.-. n of the rockcrush- .»on. 106 101 To • Assi riation th.- '-•..•ran*' ; 118 10n ., n to ■ 114 ( a ttalt 115 135 ther frmn- al in part , Ml«d 1801: 137 1 right*. and the aimplif! tit*. ' San Jose to m 16g t .lion of ii. 171 1 ; t in i public work*. A 17 7 f tires of wagons. R"pea]ed an ezceaa of wals. Repealed 1901:606. To enable cities incorporated and operating under char- ters to organize under general laws. To secure the payment of claims of materialmen, nre- chanics, or laborers employed on public work. 213 158 Providing foi furnishing to sheriffs and chiefs of police information respecting convicts about to be discharged from state prison. 214 159 Prescribing the manner of locating mining claims. Re- pealed 1899:148; 1000:9. 217 160 Authorizing municipal corporations to lease, purchase, own, and operate gravel beds. 231 170 Requirii g corporations to pay their employees at least once a month. Unconstitutional (Johnson v. Good- year M. Co., 127 Cal. 4). To establish a free public market upon the water front of iran Francisco. Amended 1903:76. To provide for the construction of a state highway from the city of Sacramento to Folsom. To promote the horticultural interests of the state. To provide for 'he auditing and examination of claims against the state of soldiers who served in the Indian wars in California. 251 188 To admit idiots, epileptics, and mentally enfeebled par- alytics into the Home for the Care and Training of Feeble Minded Children. Amended 1901:795. To provide for the organization and government of ir- rigation districts. Amended 1901:815. In relation to elections to elect boards of freeholders. Repealed 1899:63. To form agricultural districts. Amended 1901:304. To establish a slate lunacy commission. Amended 1899; 160; § 19, art. Ill, repealed 1900:22. Unconstitu- tional as to method of commitment (Matter of Lam- bert, 134 Cal. 626). 334 228 To provide for the organization and government of drain- age districts. Amended 1901:554. Repealed 1903: 317. 374 244 For the establishment of a uniform system of road gov- ernment. Repealed by Co. Gov. Act (Davis v. Whid- den, 117 Cal. 618). 388 245 To create the office of Lake Tahoe wagon road commis- sioner. Amended. 1899-236. 394 254 To provide for the issue and sale or exchange of fund- ing bonds of irrigation districts. Amended 1901:.514: §§ 5 to 10 repealed 1901:514. 404 258 For the protection and preservation of public highways from damage by storm waters and floods. 422 263 To provide for the purchase of additional land for the Preston School of Industry. 424 266 To provide for the funding and refunding of indebted- ness of levee and protection districts. 251 189 288 191 304 225 311 227 COM UT. P»Kr <-h»p • ! re innuriii iraya. 1809. 9 1 m 1 1 1 l IS IT 18 Uj. ■>< the k pal c BkVt rUaa to far a* » n*w mi the *ale of proceai uiigMn road ake baain ' ad. ■ al . 27 4 46 4 the flag o( . 63 B ' ■ ■ .rd thr atalc. An T5 f. . ■ 129 96 143 105 146 109 148 112 STATUTES REMAINING IN FORCE. 1547 Page Chap. 1899 — Continued. 81 66 Providing for the establishment and maintenance of sewer districts adjacent to municipal corporations. 91 76 For the protection of horticulture. Amended 1903:32. 98 82 To change and permanently locate the boundary line tut ween the counties of Shasta and Plumas. 102 86 To abolish fee* paid by the state for the assessment, equalization, auditing, and collection of ad valorem taxes. 103 88 Authorising district attorneys to bring suits to abate nuisances. 105 91 To provide for the disposal of moneys raised by cities or towns for public improvement after the same has been completed and paid for. 110 93 Requiring the payment into the state treasury of all moneys belonging to the state, received by state in- stitutions. To protect domestic livestock from contagious and in- fectious diseases. Authorizing the secretary of state to appoint an addi- tional cleric. Authorising the controller to appoint an expert. Providing that all encampments of the National Guard shall be held at the state camp of instruction. 149 114 Limiting the hours of daily service of laborers on public works Supplanted by 1901:561. iding for the maintenance of a residence for the governor. Authorizing the insurance of all property of the Univer- sity of California held for income purposes. rizing th~> governor to order the transfer to the general fund of any money that may be in other funds of the state treasury. Creatine: a commissioner of public works. Superseded by 1POO:20. yarding organizations, officers, and members of the National Guard who entered the United States volun- teer service in the Spanish-American war. See Pol. C. §§ 1936, 1973a, as amended 1901:581, 585. 166 131 Authorizing the governor and attorney-general to pur- 1 for the state certain lands in Humbolit Bay. 171 136 To pro\ide foi the inspection of dairies, factories of dairy products, and of dairy products. 177 141 To establish a state normal school in San Francisco. 183 150 To promote the safety of employees and passengers upon street railroads. 1900. 20 12 Creating a commissioner of public worka. 1901. 4 8 Granting to the trustees of the Leland Stanford Junior University corporate powers and privileges. 4 9 Exempting from taxation a portion of the property held in trust for the benefit of the Leland Stanford Junior University. 150 115 152 119 156 125 157 126 158 127 m of worVi rii. 10 80 To - >ir!ous diseases. Ro- 13 24 To -oanty Inspectors of apiarioa. An- ' • \- iled 1903: 'ln«M for mut . a» "The local improvement act of 1001." ' « and surc<»ry. 1 . | ra in aaw milla, . iiien. '. the easU-ro boundary . . 1 ..'• by members Of * of the Arat claaa 108 93 « a certif in the oHm of ' 110 deal and nnattached companies of I of the University of 111 it tho state eoneornlnc c- •hy. ' V.. no Wi|oii r t of commissioners . •' ■ 296 ella 3M 139 » aneo of STATUTES REMAINING IN FORCE. 1549 Page chap. 1901 — Continued. 299 140 Legalizing t lie establishment of high schools in incor- porated cities. 299 141 Regulating the practice of pharmacy and the sale of poisons. 307 143 To provide a continuous appropriation for the support and maintenance of the University of California. 324 149 To authorize the licensing of bicycles, tricycles, and sim- ilar vehicles. 331 156 Declaring upon what terms contracts for furnishing water for irrigation shall be valid. 515 160 Authorizing the state board of prison directors to pur- chase California-grown hemp. 51C 161 To provide for the appointment of a board of Monterey custom house trustees. 517 162 Providing for the creation and management of the Cali- fornia redwood park. 535 164 To divide the state into legislative districts. 548 165 To divide the state into congressional districts. 549 166 To change and permanently locate the boundary line be- tween ihe counties of Butte and Plumas. 552 167 To execute and carry into effect section three of artiele twenty of the constitution of the state. 553 168 To prevent tampering with animals. 557 170 To provide for the establishment and maintenance ol public libraries. 560 171 To permanently locate the boundary line between th# counties of Shasta and Plumas. 561 172 Limiting the daily hours of labor on public works. 563 173 To authorize the board of managers of the Southern California state hospital to sell a strip of land. 564 175 To regulate the practice of dentistry. Amended 1903 . 322. 573 179 Creating the office of matron of the jail in cities of the first, first and one half, second, and third classes. 575 180 Authorizing the trustees of the stale normal school av San Jose to reconvey to that city a strip of laud. 576 182 To establish police courts in cities of the second class. 589 185 To secure to native-born and naturalized citizens tht. exclusive right to be employed in the public service. 589 186 Empowering boards of supervisors to levy a special taa for the purposes of displaying products and industries of any county. 600 193 To establish the boundary line between the county ot Humboldt and the counties of Del Norte and Siskiyou. 601 195 Concerning confirming and ratifying leases and other con tracts made by officers of the state. 603 197 Relating to estrays. 631 205 To regulate the employment, hours jf lahor, etc, of children. 636 210 To provide for the maintenance u°id support in certain cases of indigent, incompetent, w.f 1 incapacitated per- sona. cointia. ■ ad- *41 113 644 81 > To rrrata • alaVa board i 049 IM 960 Uttla eon- rta In • ol o( fev» ... »rt «f 1 7W4 336 /-onu- »n«l tank* ■ l»te hoapital *.b» atala i..c*lt d mi the * gig I crnain iu 1 a mudaru hoayit- INDEX. ABANDONMENT, children, abandoned, cure of. Act 1B22. Children, of what constitutes, Act 2r,:M. Children, of, punishment of, Act 1622. Children, of: Sec Oiphan Asylums. Irrigation >lUtricts, abandonment of operations by, Act 1721. ABORTION, advertising to procure, forbidden, Act 1. AC AD KM IKS. Issuing arms and accoutrements to, Acts 229, 230. Military, issuing arms to. Act 230. See Military Academy. ACCIDENT INSURANCE COMPANIES, formation, regulation, pow- ers and duties of, Act 1G64. ACCORD AND SATISFA«TK )X. discharge of whole of debt on pay- ment of part. Act 6. ACCOUNTS, board of accountancy, annual report of, p. 3, subd. 7. Board of accountancy, appointment and qualification of mem- bers, p. 2. § 1. Board of accountancy, appointments from whom made, p. 2, § 1. Board of accountancy, certificates, issuance, revocation and re- newal of, pp. 2, 3. Board of accountancy, examinations of applicants, pp. 2, 3, Board of accountancy, expenses of, how met, p. 2, § 2. Board of accountancy, fees that may be charged by, pp. 2, 3, § 2. Board of accountancy, number of members, p. 2. § 1. Board of accountancy, oaths of members, p. 2, § 1. Board of B '. office to be ai San Krancisco, p. 2, § 3. Board of accountancy, powers and duties of, p. 2, § 2. Board of accountancy, surplus of receipts, how used, p. 3, suba. 7. Board of accountancy, terms of office, p. 2. § 1. Board of accountancy, vacancies, how filled, p. 2, § 1. Board of accountancy, who may apply for examination and cer- tificate, p. 3, § 3. Certified public accountant, who is, p. 3, § 3. Misdemeanor, violation of act creating board of accountancy, p. 3, § 4. Money of account, Act 22S2. ACCOUTREMENT- See Arms. ACKNOWLEDGMENTS, defective acknowledgments validated. Acts 1C-21. Manner of making. Act 903. N. M. Bonham, acknowledgments by legalized. Act ^s»*. Of deeds and instruments by prisoner, Act 2764. ACTION IN REM: See Establishment of Title. ACTIONS acrainst state for bounties on coyote scalps authorized, Act Against "stats to quiet title to certain land authorized. Act 3793. See also State. (1551) ADJUTANT GEN URAL— AGRICULTURE. ADJUTANT GENERAL, additional clerka for revision of records ol I It 520. ADMINISTRATORS: See Public Administrators. ADOPTION. illegitimate children, adoption of, Act M. Lion of. Act 2*3. of orphan asylums may consent to, Act 27. ADULT BLIND, Industrial Home of Mechanical Trades for, board ' » 1480. Industrial Home oi | Trades for, establishment and • it of. Acts TITRATION, analyzing foods and drugs to prevent. Act 4«. Analyzing mini and other liquids to pro- nilneral plants to prevent. Act 40. , Act 3799. Iluf on in manufacture and sale of, Acts Cheese, fraud and deception in manufacture and sale of, Acts Drugs, adulteration of, forbidden. Act 35. itlon of forbidden. Acts 35, 36. 'ion of prohibited, Act 38. Imitation or adulti rat< d, k I disposal of prohibited. Act 43. ■ nd punishment of, Act 39. ting sale of, Act 41. 'libited. Act 42. d Bale of, Act 44. Wi; on and adulteration of, Act 44. ADULTERY, punishment of, Act 49. •abilshment of Title. k to take affidavits of pension claimants without fee. Acts 829. S64X AFFILIATED 0OLLEOB8, appropriations for buildings for, Acts Paupers. to agents intrusted with goods. Act 69. a Is, duties und liabilities of, Act 1036. . fed or pastured, Act 1947. A(IM -.ine. E GRANT, governor authorized to recon- B part of. Act 2S46. AQRL Viticulture. :"ion of. Act CS. ion of districts, p. 15, 5 *• ulturnl <1 cities, division of Into, Act 68. Agr; S, on formation of new district, . § 2. Agricultural dlsf rlcta, directors where several counties In ono § 2. Agri . division of state Into, Act 68. Agrleultui lr, appropriations of several districts 15 5 2. Agricultural district uicts may associate for purpose . J 2. Agricultural districts, formation of, Acts 69, 70. AGRICULTURE. i.558 Agricultural districts, number of, Act 68. Agricultural districts, management and control of, Act 70. Agricultural societies, appropriations for. Act 72. Agricultural societies, formation of, Act 66. Agricultural societies, powers and government of, Act 66. Assent of state to act of congress applying proceeds of public land for college, Act 634. Associations, annual fair, p. 17, § 8, p. 19. Associations, annual report to state board of agriculture, p. 17. § 9- Associations are state Institutions, p. 16, § 8. Associations, authority of district board over, p. 19. Associations, board, classification and terms, p. 16, § 7. Associations, board, powers and duties of, p. 16, § 8. Associations, board, president of, term of office, p. 16, 5 6. Associations, board, qualification and organization of, p. 16, § 6. Associations, exhibitions, p. 15, § 3. Associations, fiscal year, p. 16, § 7. Associations, formation of, p. 15, § 3. Associations, heretofore formed continued in force, p. 16, § 7. Associations, issuance of stock in lieu of certificates and pro- cedure on, p. 18, § 11. Associations, issuing stock, directors, election of, p. 20. Associations, issuing stock, effect of and rights on, p. 18, §11. Associations, issuing stock, meetings of stockholders and elec- tion of directors, pp. 19, 20. Associations issuing stock and proceedings on, p. 18, § 11. Associations, new governor to appoint district board, p. 16, § 8. Associations, officers of, p. 15, § 4. Associations, officers of, terms of office, p. 16, § 7. Associations, powers and liabilities of, p. 15, § 3. Associations, realty, for what purposes used, p. 15, § 8. Associations, realty necessary for permanent use, not to be sold, p. 19. Associations, sale of realty by, procedure on, p. 17, § 10. Buildings, erection and construction of, under control of state a&ricultural society, Act 63. District board, classification and organization, secretary to re- port to state board and governor, p. 17, § 9. District board, vacancies in, report of to governor and filling of, p. 17, § 9. Encouragement of, Acts 71, 72. Equipment of fair grounds of state agricultural society, Act 63. Formation of corporations for direct promotion of, Act 290. Fruit trees, better protection of, Act 73. Gambling prohibited on grounds of state agricultural society, Act 63. Investigation of cereal crops under director of agricultural ex- periment station of University, Act 62. Investigation of tree and plant diseases and pests at University, Act 4258. Johnson grass, prevention of propagation of, Act 74. Pear blight and walnut blight, investigation into by University, Act 1511. Protection of, Act 4304. Protection of in particular counties: See Particular Title. Sale of fertilizers and manurial materials, regulation of, Act 1157. Scwghum halepense or Johnson grass, prevention of propaga- tion of, Act 74. Gen. Laws— 98 15*4 AORICULTU1 TY. H i -.>i»ortv by, p. 11, §5 i, incorpor. f. Act 87. ultural * i y authorized, p. 8. I ■ ultural ii | mperty, commissioner, ap- St.V. sale of pr .'to bo sale of pi title raasln*: ■ tie, In- ■ v, how co iy, procedure, p. 8 et furniih s< rrctaxy of state agricultural society h agricultural experiment ALAMEDA CI1 Act 8L ' 80. s 83, 84. 81. \'t S3. • u .-• * utlon grauiiiig I ! navigable, Act 1 •'. Act 90. ii poll tav :. Act* 111, 1M>. ALAMEDA COUNTY— ALIENS. L356 Growing Umber on private grounds, destruction of prevented, Act 1.077. Hides of slaughtered cattle, keeping of, Act 182. Hunting on private inclosed grounds in, prevention of, Act 1577. Johnsnn'9 creek, navigability of, Act 4360. Justice's court, executions f.om, Act 105. Licenses, collection of, Act 107. Oakland: See Oakland. Officers, fees of, regulation of, Act 106. Officers, salaries of, Acts 89, 90. Recorder, deputy, salary of, Act 90. Recorder of, salary of, Act 90. Road overseers, compensation of, Acts 97, 98. Road overseer of Brooklyn road district, salary of, Act 98. San Antonio Creek, drawbridge across authorized, Act 3098. San Antonio, estuary of, supervisors to have control of bridge across. Art 101. San Lcandro Creek, navigability of, Act 4360. School moneys, transfer of to and from state treasury, Act 103. Sheriffs, compensation of, Act 100. Sheriffs, deputy, salaries of, Acts 100, 101. Squirrel nuisance, abatement of, Act 112. Squirrels in, destruction of, Acts 111, 186. Stallions prevented from running at large in. Act 1063. Superior judges, additional, for, Acts 94-96. Supervisors, compensation of, Act 102> Thistle, propagation prevented in, Act 4104. Treasurer of, salary of, Act 90. Washington township, certain creek in declared navigable Act ALAMEDA CREEK declared navigable, Act 117. Removal of obstructions in, Act 117. ALAMEDA, OAKLAND AND PIEDMONT RAILWAY, certain privi- leges granted to, Act 2511. ALDERMEN: See Supervisors. ALIENS, Chinese, licenses not to issue to, Act 122. Chinese prohibited from fishing, Act 125. Citizens only to be employed in public service, Act 2543. Fishing prohibited by aliens incapable of becoming electors, Act 123. Indexing names of persons declaring intention of becoming citi- zens, Act 2434. Inheritance, property to be claimed within five years, Act 124. Inheritance, right of, Act 124. Licenses not to issue to aliens not eligible to become electors. Act 122. Miners' licenses from foreigners, Act 1936. Miner's license not to issue to aliens ineligible to become citi- zens. Act 1937. Names of persons declaring their intention to become citizens to be indexed, Act 12 f. Naturalization, no fees to be charged, p. 321, § 226. Naturalization, prepayment of fees not necessary in, p. 320, 5 221. Not to be given public employment, Act 127. Office, aliens not to be appointed to, Act 126. Prohibited from fishing in waters or this state, Act 1320. ALMSHOUSES- :.\TS. -t 7. P 981, | 6. Sup: Ii9ed ammunition to Indians forbidden, Act \K\1Y ANli NAVY. See National Cuard; Soldiers and Sailors; Vet- j u , 1 for military purposes ceded to lands required for military gold Ot w»r of rebellion preferred In Tltli • ,u '^ ' or military purposes Unlawful ! Army of the Republic, pre- ARRK8T, i a< apt oi : ''■'■• §5 95-»v. rs authorized to pay i '. Act I;, i, . of persons h on, civil prooi la, A.-t 236. ARROYO DEL MEDO— ASSOCIATIONS. 1561 ARROYO DEL MEDO declared navigable, Act 240. ARROYO DEL SAN ANTONIO declared navigable, Act 1798. ARTESIAN WELLS defined, p. 40, § 3. Misdemeanor, permitting waste of water, p. 40, §§ 1, 2. Misdemeanor, fine and costs, p. 41, § 5. Misdemeanor, proceedings for and punishment of, p. 41, § 5. Nuisance, artesian well not capped is, p. 40, § 1. Particular counties in: See Particular Title. Regulation of use of. Act 435G. Roadmasters, duty of on complaint, p. 41, § 6. Supervisors, duty of on complaint, p. 41, § 6. To be capped so as to prevent flow of water, p. 40, § 1. Waste defined, p. 41, § 5. Waste from, permitting a misdemeanor, p. 40, § 1. ART GALLERIES, assumption of control by trustees, Act 4164. Gifts and donations to, encouragement and protection of, Acta 4162, 41G3. Relinquishment of rights in by founder or wife, Act 4164. Trusts for benefit of, creation of, Acts 4162, 4163. Trusts for benefit of, determination of validity authorized, Act 41G5. ASSAULT, assault upon certain federal and state officials, punish- ' ment of, Act 893. Caustic or corrosive liquids, assault with, punishment of, Act 250. ASSEMBLY, assembly districts, Acts 1905-1909. ASSESSMENT ROLL, restoration of, Act 3016a. ASSESSMENTS: See Irrigation Districts; Levee Districts; Streets; Taxation. Reclamation districts in, equalization of, Act 2972. Reclamation district No. 108, Yolo County, warrants and as- sessments to bear interest, Act 2956. Reclamation districts Sacramento County, delinquent assess- ments, collection of. Act 296S. See Reclamation Districts. Swamp land district No. 118, Contra Costa County, assessment in, Act 2958. ASSESSOR: S«e Taxation. ASSIGNEES, corporations authorized to act as, Act 1055. Corporation acting as, rights and duties of, Act 1055. Bonds, deposit of money or "assets with corporation and reduc- tion of bonds, Act 1055. Corporations as, and powers and duties of, Act 770. Deposit of moneys or assets with corporation and reduction o£ bonds, Act 1055. ASSIGNMENTS. Assignee, bond of, chargeable against estate Act 368. ASSIGNMENT OF CONTRACTS, bonds, due bills, etc., made assign- able, Act 260. ASSOCIATIONS'. See Unincorporated Associations. AS LUTORS. b and Blind Asylum; Orphan Asylums. Sheriff, • oarrvlng insane persons to. Act State hospital (or miners. Act ATTACHMENTS «elzed on attachment or p 318. v of building and loan association In llqul- i ■* against, effect on executions or, p. 60. I • . I 9. private bunk*, tn. p. 69, § 20. 5 8. 5 14. ■ be kept on flle, p. 52, § P SI, 5 11. if, p T.2, § 13. -alary of, p. 52. § 13. Snl' | 17. 5 1. 1 5 11. I lUtlM of. p. 50. I ''.o bank, liquidation of, powers and Outlet of rnmm1«"!nn- <» banks, proceedings nKainst, p. 49, 5 10. Dnsafe 1 t, duty of attorney-general, Uns:i ■, effect on attachments or 50, I dings against, powar to hire attorney, p. ■"I. | •r tor, appointment of, p. 50. bank, r band <>f, p. 50. -. filing, p. 45, 5 1 "^* i ^ i t i ' rtiti^ on banks, p. 40, { 4. Witi BJ, 5 17. " not to be used where not subject to f- 21. Insolvency 1054. ilvent debtors. acts f. bj 281-288. hanks, bank Uions prohibited from ■ Its and trust c. ,s against. Act 3877. Capital stock. lojinltiK or discounting, § 54, § L'3. '.i, § .'I. Ccrtifl. .!'■ i) on, A. t rJbtttion tn pay salaries and expenses of bank cornmlsion- rorbidd 0, Act 2284 med, put b as to. Acts 2'.' 1 . id by bank banking corporations, Act - at of, p. 47, § 7. 5 21. rom bunk i § 7, - ndlng i" •! ■ bankin not subject ! . p. 53, { 20. 5 S. Barings banks, collection ol , y next of kin, a BANKS— BIG OAK FLAT, TURNPIKE ROAD. 1565 Savings banks, deposits, unclaimed, publication of statements as to, Acts 232, 293. Savings banks, dissolution and winding up of and disposition of funds, Act 294. Savings corporation, formation of, Acts 28S-290. Statements of unclaimed deposits, publication of, Acts 292, 293. Statements, sworn, publication of, Acts 291-293. Unsafe bank, liquidation of, powers and duties of commis- sioners, p. 51, § 10. Unsafe, proceedings against by commissioners, p. 49, § 10. Unsafe bank, proceedings against, duty of attorney-general, pp. 49 et seq., § 10. Unsafe banks, proceedings against, effect on attachments or executions, p. 50. Unsafe bank, proceedings against, power to hire attorney, p. 61, § 10. Unsafe bank, receiver for, appointment of, p. 50. Unsafe banks, receiver for, bond of, p. 50. Unsafe banks, receivers for, duties of, p. 50. Word "bank" or "savings" not to be used by what Institu- tions, p. 54, § 21. BARBERS, regulation of the practice of barbering, Act 301. BATTALION: See Naval Battalion. BEACONS, mooring to buoys or beacons prevented, Act 4354. Protection of, Acts 435, 2445. BEE CULTURE, inspectors of apiaries, supervisors authorized to appoint, Acts 306, 307. Inspectors of apiaries, compensation, duties and powers of, Acts 306, 307. San Bernardino County, regulation and protection of bee-keep- ing, Act 3115. BENEFIT SOCIETIES, authorized to incorporate, Act 3005. Mutual benefit and relief associations, act relating to, Act 312. BENEVOLENT CORPORATIONS, formation of corporations for ben- evolent purposes, Acts 317, 318, 319. BENICIA, assessor of, election of, Act- 326. City marshal of, election of, Act 326. Government of, Act 327. Incorporation of under municipal corporation bill, Act &£l. Titles in, settlement of, Act 324. Treasurer of, Act 326. Waterfront of city ceded to. Act 325. BERKELEY, incorporation of, Act 332. Justices' court for, creation^ of, Act 333. BERKELEY HORSE RAILWAY CO., resolution of supervisors granting certain rights to, ratified, Act 108. BICYCLES, licenses on. Act 1942. Licensing of authorized, Act 2345. Franchises for paths or roads for, Acts 1234, 1464. BIGLER: See Lake Bigler. BIG OAK FLAT ROAD, appropriation to purchase, Act 1452. BIG OAK FLAT AND YOSEMITE TURNPIKE ROAD, purchase of, Act 4468. 1S66 BIG RIVER 1 -BONDS. BIG RIVER TOWNSHIP, Mendocino County, purchase and con- '. BIG TREE GROVE, management of. Act 339. cction of. Act 1 Protection of big trees in Fresno, Tulare and Kern counties, Act 338 BILLS AND N 3, act relating to bills of exchange and promis- sory nuirs, Act 344. BIRDS: See Game. BIRTHS, record of in cities of first class, pp. 740, 741, J§ 183, 184. BLIND: See Adult Blind. BLIND ASYLUM: See Deaf, Dumb and Blind Asylum. I LI printing, binding, publishing and distri- bution oi, Act BLUE CRANES, capture and destruction of prevent' d. Act 1316. B'N'AI B'RITH, corporate powers conferred on order of. Act 354. BOARD OF ACCOUNTANCY: See Accounts. BOARD OF COMMISSIONERS, state, to issue bonds to pay funded on of, Act 381. Particular commission: See Particular Title. i OF EQUALIZATION: See Taxation. BOARD OF EXAMINERS, appropriation for purchase and protection of toi ontrol, Act 1217. Duties of. Act Furnishing board, is, :*or state officers and legislators, Act 359. M ds, to Invest in county bonds, Act 360. Old furniture ami material, authorized to sell, Act 361. rs. and legislators, to furnish, Act 359. :S, elections for, Act 367. !.' OF HEALTH: S. e Public Health. BOARD OF MEDICAL EXAMINERS, reproduction of register of. Act : of records of, Act 2162. BOARD OF PHARMACY, reproduction of register of, Act 3016. , i of records of, Act BOARD OF TRADE, acknowledgments by validated. Act 19. Formation of, Act . BOLINAS BAY, destruction of fish in prevented, Act 1324. BONUS, assignability of, Act 260. hall, bonds for construction of. Issuance, Act 2378. Assembly hi lie, bonds for, sale and payment. Act 2372. 1 , - to invest moneys from school lands In county bonds, A i Bond '1 s, counties authorzied to create, Acts 871, 373 Cities oi first class, bonds of officers, p. 648, 5 24. Cities of second class, officers of, bonds of, p. 772, I 80S. BONDS. • 1567 Cities of second class, officers not to be sureties, p. 772, § 304. Cities of second class, bonded indebtedness, how paid, p. 7S2, § 331. Cities of third c'.ass, bonds of officers of. p. 806, § 504. Cities of third class, taxes in case of, p. 818, § 534. Cities of fourth class, bonds of officers of, pp. 830, 831, - § § 605,- 606. Cities of fifth class, bonds of officers of, p. S68, § 753. Cities of sixth class, bonds of officers of, p. 896, § 853. Compromise of bonded indebtedness by city, Act 3S6. Consent to judgment by city in favor of holders of bonds, Act 386. Consolidation of offices, bond of officers on, Act 837, § 55. Counties authorized to create bonded indebtedness, Acts 371, 373. Countv indebtedness, refunding and issuing bonds, p. 125, Eubd. 13. Declaring all bonded indebtedness due at once by city. Act 386. Deposit of moneys or assets with corporation and reduction of bends, Act 1055. Destruction of municipal bonds executed and remaining unsold. Act 385. Election by counties on question of issuing bonds for debts not authorized, Act 384. Election on question of issuing bonds by cities for expenses of year 1883, Act 383. Failure to provide for payment of bonds or interest, p. 128. Ferry and passenger depot of San Francisco, bonds for con- structing and furnishing, Act 1426. Form of county, p. 127. Form, may be issued as coupon or registered bonds, Act 387, § 2. Funding of county indebtedness, Acts 360, 370, 373. Improvements by city, character and form of bonds, pp. 1063, 1064, §§ 6, 7. Improvements by city, for, interest on, p. 1064, § 7. Improvements by city, issuance of bonds for, § 2371. Improvements by city, sale of bonds and application of pro- ceeds, p. 1063, § 6. Improvements by city, for, tax levy, p. 1064, § 8. Improvements by city, limit on amount, Act 2371, § 4; p. 1063, § 5. Improvements, city, sale and payment of, Act 2371. Interest on state bonds held in trust for university and school funds, payment of. Act 374. Irrigation: See Irrigation. Levee districts: See Levee Districts. Officers, of certain, p. 146, § 66. Officers of particular county: See Particular Title. Official approval of, p. 146, § 66. Official, justification of sureties, p. 146, § 66. Official, liability of sureties on, p. 145, § 62. Official, premium, payment of by state, county or city, Acts 379, 2544. Official, recording and filing of, p. 146, § 66. Official, suits on, Act 378. Official, surety corporations allowed to act as so'e surety, Act 377. Particular counties, bonds of: See Particular Title. 1568 BOXPS-roCRN, A. J. ■ vers, assignees, trustees, guardians, and executors, of, chargeable against I 368. Reclamation districts, of: See Reclamation Districts. Refunding bonde. ft \2l. Ri-funding ban : ■••, sale and redemption of, Act 3S2. Refunding of debt in cities other than first class, authorized. Refunding, supervisors authorized to refund, Acts 362, 3961. ruling indebtedness and issuing of bonds, p. 125, subd. 13. Registry, may be issued . 1 or coupon bonds, Act 387, ry of municipal bonds. Act 387, S L Registry of mill >f and rights of holder, Act 387, 9 1. Registry of municipal bonds, form of. Act 887, § L Sanitary districts, of: See Sanitary Districts. !'O0lS. School, registration of. Act 3536. ..all In 9«J . state bonds for, submission of pro- t 376. State, beard i I mere to Issue bends to pay funded In- det' Act 381. State oanitol, State, redemption and payment of funded Indebtedness, Acts ; tent bonds, system of. Act bonds, Act Submitting to qualified electors proposed Issue of bonds, Act \Y re of bonds by cities to protect from overflow, A.( ! bonds to protect cities from overflow, sale and pay- mint. KS. mining corporation of, are open to Inspection, Act 2239. Particular offlc rs, of: See Particular Title. DOOMS, franchises for constructing, supervisors authorized to grant. Act 392. rvisors authorized to permit building, An 4362. BOULEVARD, cities and cities and counties authorized to acquire and maintain, Act - BOUNDARIES, city, altering, Act 2374. County - See County Boundaries. Irrigation districts, of. change of, Ad 1719. Markings of g vernmenl surveys, perpetuation of, Act 3993. Municipal corporations, change of, State, correction, defining and establishment of eastern bound- B, Acts 397, 398. \TIES. actions tte lOT bounties on coyote s authorized. A. t Destruction of wild animals, bounty for, Acts 185, 1^9. Coyol . soalpsi a< its authority. Act 3792. Ramie Doer, bounty for, A t - BOURN, A .!., claim of, agiunst state, appiopri.u i in to pay, Act 37S8. BOWMAN, JAMES— BUILDING AND LOAN ASSOCIATIONS. 1569 BOWMAN, JAM"PS. governor authorized to execute quitclaim deed to successors of, Act 1386. Interest of state in waterlot quitclaimed to successors of, Act 4028. BRANCTFORTE, titles In, settlement of, Act 408. BRANDS: See Marks and Brands. BRAKES, brakes and fenders, street cars and dummies to be equipped, Act 2932. BRAZOS DEL RIO, name changed to Rio Vista, Act 413. BRIDGES, cities authorized to maintain, Act 418. City limits, within, expense of building or reconstructing, Act 419, § 2. City limits, within, power of county supervisors to repair, rebuild or change location of. Act 419, § 1. Contracts for. change of, p. 138, § 28. District attorney to proceed against persons neglecting to pay ferry or bridge license, Act 1938. Estuary, pond, swamp or arm of bay, bridge across and powers of supervisors, p. 73, § 8. Feather River, hrirlge across declared a free bridge. Art 113. Joint bridge, construction of by county and person or corpora- tion, maintaining. Act 419, § 1. Joint bridge, division of expense of building and maintaining, Act 419, § 2. Navigab'e stream, franchises to ere?t bridge across, supervisors may grant, p. 72, § 1. Navigable stream, supervisors granted power to erect, p. 72. § 1. Navigable stream between counties, either county may con- struct bridge when, p. 72, § 3. Navigable stream between counties, supervisors may join to construct bridge over, p. 72, § 3. Navigable stream, franchises to erect, county on left bank controls, p. 72, § 2. Navigable stream, state engineer, h^arirg before, p. 72. 5 5 Navigable stream, state engineer, notice to and duty of, p. 72, § 4. Navigable stream, state engineer, plans of, p. 72, § 5. Navigable streams, surveyor-general performs duties of state en- gineer when, p. 73, § 6. Navigable streams, tolls: See Toll Bridges. Particular county, in, Act 1266. Plans and specifications, change of, p. 138, § 37. Supervisors, powers and duties of, p. 121, § 25, subd. 4. Toll: See Toll Bridges. BROOKLYN, incorporation of, Act 425. BUILDING AND LOAN ASSOCIATIONS. Assessments fur salaries and expenses of commissioners, Act 42y. Bureau of building and loan supervision, creation of, Act 429. Bureau of building and loan supervision, offices for. Aoot 429 Bureau of building and loan supervision, traveling and office expenses, Act 429. Commissioners, appointment and number, Act 429. Commissioners, creation of, Act 43ft. Gea. Laws— 93 ■ Commissioners, du: a and compensation, Aft t2f s and dutif-s of, Acl • leasing and col. Licensing building and loan ■ I !*.".). Li

    rts, Act i Bl [LDIN08: Bi I Pua lo Buildings. Plumbing buildings, regulation of by boards or BULLS, 'ion of owner, wa .'ion. Act : 3, mooring to I' 1 BUR1 '■■os. iniitlun and removal of dead bodies, regulation of. A'- BUKi ' ' IDENTIFICATION, dark of, appoint- nt and qu Clerk of, Creation of. Acl • liflcatlona if, Act SC3. BUREAU OF LABOR STATISTICS: See Labor Bureau. BURBATJ OF VITAL 1ICS: See Births. Deaths; Labor Bureau. r RECORDS: See Restoration of Records. BUSINESS CORPORATION o-operatln ins. H corporations, definition of, Act 7(3. Formation of, Act 7C3. BUTTE COUNTY, agriculture, protection of against tresp.> animals. Act (46. , salary of. Act 11*". Auditor of, salary of. Act 117. Butte anil Plumas counties, boundary li- and Tuba counties, boundary line b I 808. Butte Creek, protectjin of fish in. Act 1 District attorney, fees of, in, inatlon and counting of funds , Act 464. I of Justices in. Act 461. . Act 1J0. Acts 1134. s, division, In, Act U38. BUTTE COUNTY— CALAVERAS COUNTY. 1571 Fences, lawful fence in, Act 448. Fences, partition fence in, Act 44S. Highways in, Acts 458, 4S9. Hunting of game within certain private grounds in, prevented, Act 449. Licenses, sheriff to collect, Act 460. Licenses, salary of sheriff for collecting, Act 460. Notaries, additional, In. Act 452. Officers of, salary and compensation of. Act 453. Oroville, hogs running at large in, prevention of, Act 1065. Records of, recorder authorized to make copies of, Act 455. Records in, transcribing of authorized, Act 454. Roads in. Acts 456-459. Sheriff of an-d his compensation, Act 401. Sheriff to collect licenses, Act 460. Sheriff, salary of for collecting licenses, Act 460. Stallions prevented from running £>t large in, Act 1063. Superintendent of schools, salary of, Act 462. Transfer of swamp land funds to general fund, Act 4ii3. Treasurer of, salary of, Act 447. Treasury of, better protecion of, Act 464. BUTTE CREEK, protection of fish in, Act 1325. BUTTER: See Cheese; Dairies: Oleomargarine. Deception in sale of process, or renovated butter prevented, Act 470. Deception in manufacture and sale of prevented, Act 471. Designation of producer on package containing, Act 876. Fines for failure to mark packages, disposition of, Act 467. Fraud and deception in manufacture and sale of, Acts 32-34. Marking packages containing, district attorney to prosecute delinquents, Act 467. Marking packages containing, duty of state dairy bureau, Act 467. Marking weight of packages, containing. Act 467. Marking weight, violation of statute, punishment Act 467. Renovated, deception in sale of, prevention of, Act 468. Renovated, license of firms engaged in dealing in, Act 468. Renovated, licensing manufacturers and dealers in, Act 468. Renovated, records of sales of, Act 468. Renovated, regulation of persons engaged in dealing in, Act 468. Renovated, sale of, district attorney to prosecute violations of statute, Act 468. Renovated, sale of, fines, disposition of, Act 468. Renovated, violation of statute, punishment, Act 468. Sale of process or renovated butter, prevention of deception in, Act 470. Sale of short weight rolls of prevented, Act 469. CALAVERAS COUNTY, agriculture protection of, Act 476. Assessors to pay deputies in, Acts 255, 4062.. Bonds of, redemption of, Act 477. Constables of, fees of, Act 478. Constables of, regulation of, Act 482. District attorney of, Act 479. Fees of constables in, Act 478. 1672 CALAVERAS COUNTY— CANCELLATION. Fees of officers In, Acts -460, 4S1. S in. Acts 1134. 1135. | a In, provisions of Political Code applied, Act 486. : See Poet Roads. ! t 4S2. Mi nil . ng In, Act 483. if, duties iida of. Act I CALIFOR EL R. CO., act of congress relating to, CALIFORNIA HOM1 FEEBLE-MINDED CHILDREN: See •• Minded Chili CALIFORNIA PACIFIC RAILROAD CO., certain rights and privi- leges CALIFORNIA POLYTECHNIC SCHOOL, act creating liberally coo- ■ Appropriation i>>r Bite, buildings and maintenance. Act 504. 5 6. Ari ■ ; 'lirection of trustees. Act 504, { 7. Api i •■■'. how drawn and puid. Act 604, $ 6. Pur; J 1. Site, selection and purchase of, Act 504, § I. Trustees, apjioiiituiLiit o:. j 2. Trust Trustees of. who constitute. Act 504, $ 2. CALIFORNIA REDWOOD PAR lation for. Acts 509, BIO. and management of. Act 509. ::ou, improvement uuu ma.utinance, Act 610. CALIFORNIA VOLUNTEERS, revision Of records of and publica- tion of. Act 620. CAN \: 'NS, Incorporation of, Acts 626, 526. CANALS, construction of. Acts 525, 626. Construction a Sol sac ami Yolo counties. Tehama County, cans s in, incorporat .m of. Act 407C. Yolo and Sol.u I OANCELLATIOl .js executed and r. malnii.g ui Id, A CANDIDATES— CERTIFICATES. 15TJ CANDIDATES, pledges by, prohibited, Act 2547. Pledging of prohibited, Act 2547. CAPITAL OF STATE: See State Capitol. CARRIERS: See Railroads. CARRIERS OF GOODS. Animals diseased, carrying of a misde- meanor, Act 178. CARRIER PIGEONS: See Homing Pigeons. CATTLE, administering drugs or poison to a misdemeanor, Act 192. Hides of slaughtered cattle, inspection of, Act 1S4. Hides of slaughtered cattle, keeping of, Acts 182, 183, 184. CEMETERIES, bodies of deceased persons, protection of, Act 543. Cities of first class, provisions relating to, pp. 741-748, §§ 185- 192. Cities of less than first class authorized to obtain lands for, Act 2381. Exhumation and removal in certain cities, regulation of, Act 544. Exhumation and removal, permit necessary, Act 545, § 1. Exhumation and removal, permit not granted when, Act 546, § 6. Exhumation and removal, protection of public health from, Act 440. Exhumation and removal, regulation of, Act 2832. Exhumation and transportation without permit a misdemeanor, Act 545, § 4. Exhumation, body how to be inclosed, Act 545, § 2. Exhumation, permit, what to appear and form of, Act 545, § 2. Exhumation without permit a misdemeanor, Act 545, § 3. Exhumation without permit, reward for information, Act 545, § 5. Exhumation, carrier or vehicle not to receive body unless per- mit granted, Act 545, § 4. Particular counties, in: See Particular Title. Public graveyards, protection of, Act 543. Removal of remains from one place of interment to another without permit allowed, Act 545, § 6. Rules and regulations for government of, Act 2381. CEMETERY CORPORATIONS, deeds by, manner of execution by, Act 550. Rural cemetery associations, incorporation of, Act 549. CENSUS, city or county, taking of by, Act 555. Classification of cities, Act 2347, § 2. Population of counties, pp. 114-116, § 10. Taking of, duty of supervisors, p. 124, subd. 12^. CENTRAL PACIFIC R. R. CO., certificate of incorporation of San Joaquin Valley Road validated, Act 563. Construction of aided, Act 561. Provisions of Pacific railroad act, aiding in carrying out Act 562. Relocation of route authorized, Act 560. Use of to state for military purposes secured, Act 561. CERTIFICATES, issuance of duplicate to replace destroyed Act . 3013. Validation of writs, process and certificates issued before courts have seals, Act 2791. 1574 CI.:. : OF DEPOSIT— CHARTERS. CERTIFICATE OF DEPOSIT, action for after death, limitation on, Act 3876. CHAMBERS OF COMMERCE, acknowledgments by validated, Act in. Formation of, Act I CHARITABLE CORPORATIONS, formation of, Act 318. License tax, exempt from, Act 757. CHARITABLE USE, eltv. conveyances by for charitable purposes, ratification of, Act X CHARITIES, charitable societies authorized to Incorporate, Act CITIES AND CORRECTIONS, STATE BOARD OF, appointment of, p. 87. § 1. Compensation. I i t without, p. 88, § 2. f. p. v 7. 5 1 Eligibility, p. 87, § i. •id and limit upon. p. 88, ' Forms of registration at public Institutions, p. 89, § 3. Forms of repo record! i in lunacy and by other officers, p Governor ex-ofl "1. Governor may order investigation by, p. 90, § 5. Governor's power i I b> act creating, p. 90, 5 &• Ci-ner.il powers and duties, p 88, 5 3. Meetings, failure to attend, effect of, p. 88, 5 i. iiKS, quotum, p. 88, 5 '-'■ 88, § 2. Number of members, p 87, 5 1. Oaths, members may administer, p. 88, 5 4. Office to provide, in San Francisco, p. 83, 5 2. Plans nf now buildincs to bo submitted to. p. 88, § 8. Public institutions, free access to departments and records, p. 88, § 3. Public Institutions, officers to furnish Information .to, p 88, ' 3. Public Institutions, production of books and papers, p. 89, f 4. Reports of. p Rules and orders, p. SS, § 2. Secretary, appointment and compensation of, p. 8S, $ 2. tary, bond and oath, p. 8S, § 2. Term of office, p. S7, 5 1. Vacancies, filling and term of appointee, p. 87, § 1. Veterans' home at Yountville excepted from act creating, p. 9", § 7. Witness, disobedience of subpoena or refusal to answer, pun- ishment, p. 88, 5 4. "Witness, subpoenaing and compelling attendance, p. 88, § 4. Womi n may be appointed, p. 87, § 1. Women's relief corps home excepted from act creating, p. 90, § 7. CHARTERS, amendments to, election upon, Act 1014. Elections upon. Act 1014. Elections upon charters or amendments to charters, conduct of. Act 367. Fiscal year, changing In cities operating under charter, Act U93. Freeholders, election of, Act lul4. CHEESSE— CITY AND COUNTY ATTORNEY. 1S7S CHEESE: See Dairies. Branding grades of cheese, Act 578, § 1. Brands not to be used by other than one to whom issued, Act 587, § 2. Brands, records of, Act 5S7, § 2. Brands for to be procured from stat» dairy bureau, Act 578, § 1. Deception in manufacture and sale of prevented, Act 471. Fraud and deception in manufacture and sale of, Acts 32-34. Grades of cheese denned, Act 57S, § 3. Misdemeanor, violation of statute relating to manufacture of cheese, Act 578, § 5. Sale of cheese manufactured in state not permitted, Act 578, § 4. CHEMICALS, assault with caustic chemicals, punishment of, Act 250. CHICO, incorporation of, Act 583. CHILDREN: See Infancy. CHINA BASIN, ratification of lease of, in San Francisco, Act 1S90. CHINESE, aliens incapable of becoming electors forbidden to fish, A.ct 122. Certificates of residence of, Act 590. Coolie slavery, prevention of, Act 591. Deportation of criminals, Act 590. Fine, act imposing on immigrants unable to become citizens, Act 1588. Ill-fame, suppression of Chinese houses of, Act 593. Immigration of discouraged, Act 589. Immigration of, prevention of, Acts 588, 589, 590. Importation of Chinese criminals, prevention of, Act 591. Importation of females for immoral purposes, Acts 592, 2797. Kidnaping and importation of females for immoral purposes, Act 592. Licenses not to issue to, not eligible to become electors, Act 122. Miners' license not to issue to aliens ineligible to become citizens, Act 1937. Police tax on, Act 589. Prohibited from fishing, Act 125. Removal of outside of city limits, Act 594. Registration of, Act 590. Status of Chinese .residents, fixing, Act 590. White labor, protection of from competition with Chinese labor, Act 589. CITIZENS: See Aliens. Citizens only to be employed in public service, Act 2543. Civil rights, protection of all citizens in, Act 605. Indexing names of persons declaring intention or becoming citizens, Act 2434. Naturalization, no fees to be charged, p. 321, § 22G. CITIZENSHIP. Prepayment of fees not. necessary in naturalization, p 320, § 221. CITIES: See Municipal Corporations. CITY AND COUNTY ATTORNEY, cities of first class, assistants of, and salaries of, p. 652, subd. 10. 157« CITY AND COl'NTY AT TORNKY— CI VIL RIGHTS. s of first cli^s. dut 710, 5 133. Cities of first class, salar ■ [, 10. CITY ATTORNKY. | cities and counties Cities of ;.ixy of. p - of third ■ ; ■■ • ; \ 502. n of third $ rk\2. Cities of fourth class, bond of; Cities of fourth Cities of fouii net before poiir-e p. S',S, { CM. Cities of fifth : • mi of offi < 70J. Cities or filth class, du' Cities of fifth Cities of 1 compensation of, p. CITY CLERK, i t of, Ac! Citi< . Cities of third ol«*s, ilm Clti Cities of : ■8 of four- Citi- hi of, p. D and t. 1 1 • . § 7M. e 9 of fifth ill d urm of , ■• 5 852. M of sixth s of sixth ^78. ■ of sixth class, ex-ol' :s and dut , 77s. PITY COLUr'f'TOR: See Collector. CITY COUNCIL -ors. CITY COURT, aholi-Mn. nt of. Ait i: 1 13. City court, justice to Ai t. Act .113. Mayor not requ In cities over ten thou Transfer of bu to Justice of the peace, Act CITY ENGINEER ' • ntimnt, and duties, p. 7 CITY RK< n criminal action not a county charg. To act as registrar, P- C46 - 5 9 - CITY TREASI R1 ' rers, City. Civil- RIOl I tion of aii . ' » fill, Act 604. Refusal of admission to Uiuau-rs, An CLAIMS— COLLEGES. J&T7 CLAIMS, cities, against: See Municipal Corporations. County against: See Counties. Demands on or against counties, no fees tor swearing to, Act 1122. Claim of A. J. Bourn against state appropriation to pay. Act 3788. State, against: See State. CLEAR LAKE declared navigable, Act 607. CLERK. City clerk: See City Clerk. Acknowledgments taken before deputy clerks of superior court validated, Act 17. CLERK OF COUNTY: See County Clerk. CLERK OF SUPER VSORS: See Supervisors. CLOVERDALE, incorporation of, Act 612. Notary, appointment of, to reside at, Act 3714. CLUBS. Yacht clubs, incorporation of authorized, Act 4442. COAST SURVEY, operations of, protection of from injury and mo- lestation, Act 617. Persons engaged in, authorized to enter upon lands, Act 617. CODE commission to reform laws, creation of, Act 622. Commission to reform laws, compensation and expenses of, Act 622. Commission to reform laws, compensation and expenses of, Act Corporations, effect of, on, Act 632, note. COINING. Money, coining of, regulation of, Act 2283. COLFAX to Nevada City, railroad from, Act 2918. COLLATERAL INHERITANCE TAX: See Taxation. Special counsel for collection, how paid, Act 837, § 215. Tax on collateral inheritances, Act 4040. Treasurer, commissions of, Act 837, § 215. COLLECTOR, cities of fourth class, bond of, p. S30, § 607. Cities of fourth class, deputies of, p. 852, § 672. Cities of fourth class, duties of, p. 854, § 678. Cities of fourth class, salary of, p. 831, § 609. License collector: See Licenses. Tax collector: See Taxation. COLLEGE CITY. Intoxicating liquors, prohibition of sale within one mile of, Act 627. COLLEGES: See Hastings College of the Law; University of Cali- fornia. Affiliated, of University of California, appropriations for, Acts 4254, 4255. Arms and accoutrements, issuing to, Act 229. Assent of state to act of congress applying proceeds of public land far college, Acts 634, 3786. Assumption of control by trustees, Act 4164. Codes', effect of on, Act 632, note. Gifts and donations to, encouragement and protection of, Acts 4162, 4163. Governor authorized to reconvey to United States part of Agri- cultural College grant, Act 2846. Incorporation of. Acts 632, 633. 1S78 COLLEGES- COLUSA. TOWN <>F. Incorporation of institutions of learning, science, and art. Act 033. Medical department of University of California, Rl Hnquishment of rights in by founder or W ; '. Act 4164. Trusts for benefit of. creation of. v Trusts for benefit of, determination authorized, Act 4166. OOLOMA, Incorporation of. Act 639. COLTON HALL, hoard of trustees of. Act 640. Leasing of. Acl Preservation, protection and ll ' of. Act 840. COLU?A COUNTY, Agricultural Interests, development of. Act G46. Agriculture, protection of, and : ani- mals. Act S4G Animals of another, wounding in. punishment of. Act 1">:<3. Animals, trespassing of, prevcrtl^n of, Act 646. Bonds, official, rtmnunt of, Ac- Ponds, official, approval of. Ad 647. Bounties for destruction of wild animals in. Act 189. Canal, construction of In Solano and Yolo counties, aiding of, Acts 581, 8877, litre College City. In, prohibition of sale of Intoxicating liquors within one mile of, Act District attorney's salary, additional tax for. A ■■■ Drainage of certain lands In Colusa and Yolo counties, Acts 1450 Fees of officers in. Acts 651, 652. Fences In, Acts 11.34, 1185, 1137. Fences, partition, in. Act B In, tearing down of, prevention of. Ac Fires, leaving of. punishment of Glenn and Coin i, boundaries bl I BIO. Growing timber on private ground-. on of pre Act ir,T7. Hunting on private Inclosed grounds In, prevention of. Acts 1677, 1593. Inclosures. passing through and leaving them open. Act Judges' salaries In, adidtional tax for, Act 653. Justices of the peace in. Act - Lands sold to actual settlers by United States released to United States, Act 660. Officers of, fees and salaries of. Acts 651, 652. Reclamation district No. 124, validat d, A< • Roads, private In, establishing, maintaining and protecting, Act 657. Roads, public In, A< Road, public, establishing, maintaining, and protecting. Act 657. Road, public, along boundary between Yolo and, Acts 656, 4lo3. Salaries of officers in. Acts 651, 652, 653. Stallions prevented from running at large in. Act 10(53. Supervisors, additional powi Supervisors of, certain Titles to certain government lands quiet d, .V Water commissioners for. Act I Waters, overseer to regulate, Vt 4365. COLUSA. TOWN OF. incorporating, Act Bonds for road purposes, issuance of. Act 666. COMBINATIONS— CONDITIONS. 15T» COMBINATIONS to obstruct sale of livestock, prevention of, Act 191. COMMERCE: See Chambers of Commerce. COMMISSION, railroad, powers of, Act 2921. Supreme court: See Supreme Court Commission. Uniformity of legislation, creation of commission for promo- tion of, Act 1&00. COMMISSIONERS, building and loan: See Building and Loan Asso- ciations. Debris, appointment, duties and compensation, Act 898. Examining commission on rivers and harbors, appointment, duties and compensation, Act 4364. Public works, of: See Public Works. Viticultural: See Viticulture. Water: See Waters. COMMISSIONERS IN EQUITY, appointment and -duties of, Act 671. COMMISSIONERS OF PUBLIC WORKS, creation, duties, powers and compensation, Acts 2888, 2889. COMMISSIONERS OF TRANSPORTATION, appointment of, Act 2920. Creation of, Act 676. COMMISSIONERS, PAROLE. Creation of board for parole and gOT- ernment of prisoners, Act 3866. COMMISSIONS. Payment into state treasury of moneys received by state institutions, commissions and officers, Act 1279. Taxes, payment of for collection of delinquent legalized Act 4046. Taxes, for collection of, county not to bring suit against state for, Act 4049. Taxes for assessment, etc., of ad valorem, abolished. Acts 4048, 4049. Taxes, for collection of, payment by state to county ox city for prohibited, Act 4050. ^ COMMITMENTS: See Whittier State School. House of correction, commitments to, Act 1540. Preston School or Whittier State School, commitments to Act 2756. Preston School of Industry: See Preston School of Industry. COMMON CARRIERS: See Railroads. Appointment of police to serve upon cars or boats, Act 2734. Commissioners of transportation, creation of, Act 676. Duties of masters of vessels in relation to passengers arriving, Act 15S7. Explosion, high, transportation of, p. 402, § 9. Licenses on in cities of second class, p. 783, § 333. Refusal to sell ticket for foreign port, penalty, Act 1031. COMMON COUNCIL: See Supervisors. COMMON LAW, adoption of, Act 681. COMPROMISE. Bonded indebtedness, compromise of by city, Act 386. CONDITIONS. Insurance companies, conditions for doing business, Act 1661. Ml NTT. CON' ig preceexto of public land Ubllc park. Act 8786. ti>7. i. 687. 1 StAtcS :-■ - tJoa*. p. «M4. 5 8. om< tain, p 113. S 65. < nmmlt any rrlme ncnln^t e*rt.itn \ I 633. Uw part y. i 1 UL I 22&, »ubd Of In various r t I Sub of ch11.dk n to elm ~.\j3. of. Acts .red navigable. ting personal property tax. i admln'.st' 1 to act as. Act 717. 10.' In, A. I r on prlv.i . - n of prev Hun: unrl* In. prevention of. A< • ■ Act 716. of, Ael 7n i.. . i lavs, ■] i CONTRA COSTA COUNTY— CONVICTS. 1651 Salt marsh and tide lands in, qnietin? tit 1 " to, Act 722. School moneys, distribution of, Acts 725, 3542. Sheriff of, bond of, Act 723. Squirrels in, destruction of, Act 186. Squirrels in, extermination of, Act 724. Squirrel nuisance, abatement of. Act 112. Swamp-land district No. 118, assessment in, Act 2958. Swamp-land district No. 118, validated, Act 29"7 Title to certain salt marsh and tide lands in quieted, Act 722. Water commissioners for, Act 4365. Waters, overseer to regulate, Act I CONTRACTS. Acknowledgment of deeds and instruments by pris- oner, Act 2764. Assignment of: See Assignment nf Contrncts. Fraudulent contracts, act concerning. Act 1239. Leases and other contracts of officers, ratification of, Act 2546. Lighting of streets and public buildings, letting of contracts for, Act 2340. Public buildings, contracts on behalf of state in relation to, regulation of, Act 2897. Public duties of mayor and ether officers in cities of first class relative to, p. 747, 5 Public, hnw made in cities of first class, p. 704, § 107. Public, stipulation as to hours of labor, Act 1535. CONTROLLER, additional clerk, appointment of, by. Act 730. Commissions, payment of for collection of delinquent taxes legalized, Act 4046. Destroyed controller's warrants, payment of, Act 4328. Duties of, Act 362. Expert to, compensation of. Act 731. Expert to, creation of office of. Act 731. Lost warrants, payment of, Acts 2033, 4328. Payments on swamp lands pledged to redemption of certain warrants of, Act 4024. Swamp-land funds paid into county treasuries, duties of audi- tor, controller, and treasurers, Acts 1280, 1920. Transfer of funds from drainage construction funds to general fund authorized, Acts 1282, 1283. Transfer of moneys to general fund by treasurer and controller authorized, Act 1281. Treasurer authorized to pay warrants for salaries, Act 4136. CONVEYANCES: See Deeds Acknowledgments: See Acknowledgments. CONVICTS: See Parole Commissioners; Prisons. Arrest, trial, recommitment, and punishment of convicts who have escaped, Act 1041. Bureau of criminal identifiction: See Bureau of Criminal Iden- tification. Costs of trial of convicts for crimes committed in prison, pay- ment of. Acts 736, 783, 3859. Costs of trial of escaped convicts, Acts 736, 783, 3859. Importation of convicts into state, prevention of, Act 737. Physician to inquire into sanity of, costs a state charge, Act 2070. (sheriff and chiefs of police, descriptions and photographs of prisoners, Act 738. CONVICT? CORPORATIONS. Wardens tn fur Wardens to furnish Infon Mt 739. CO-OPERATIVE ASSOCIATIONS Co-operatlTe business corpora- tions, definition of. Act Co-opera t.. • wers and duties of, Act 770. • Settlement of affairs, In event of failure to pay tax. Act 757a, Bo Itj to hlldren. Incorporation of. ^71 Pult ac.ilnst In event of I .7a. } 10a. Tax on certiflcal ••••«<-. n July first and December fir-' to engage In, Acta 783, 764. Trn 10a. Tut formation of, Act 765. n mad cor - n Road Corporation!. : cornpan CORRI MtUs and I . state board of. tlou. - Coroner's li as, costs of. Acts 783. 3859. Coroner'.- inquiry Into death ,n atatc prison a state charge. Art . i take affidavit* of tension claimants without Act KS. Ijr.-l and slander, bond for costs In actions '■ r. Act 1931. into sanity of convict, a state char*- \ I - intnal action, In, pp. 322. 323. §J 229, 2*0; Act ' •ite prison. Acts ■ B fish Jaws |:i.J b$ state, Act . COTK' rotenants may bring or d coulti:r\ n.i.i: AND v>si:miti au . sors. COUN gold dust, prevention of countorMtlng of. Art 114. | 6. Au; on Issuing bonds for debts not authorised. Act iH. COUNTIES. 15V> Board of examiners to invest moneys from school lands in county bonds, Act Bodies corporate and politic, are, p. 114, § 1. Bonds of officers, premiums in to be paid by, Act 2544. Bonds of: See Bonds. Bridge, joint, construction of by county and person or corpora- tion maintaining, Act 419, § 7. Bridge within city limits, expense of building or reconstructing, Act 419, § 2. Bridge within city limits, power of county supervisors to re- pair, rebuild or change location of, Act 419, § 1. Bridges: See Bridges Census, taking of by, Act 555. Charges, county, enumeration of. p. ::19, § 228. Claims, actions on, costs, p. 141, § 43. Claims, actions on, time to bring, p. Ill, § 43. Claims, allowance in part, p. 140, ^ 12. Claim, approval and allowance of, p. 140, § 41. Claims, district attorney not to present or advocate, p. 163, § 134. Claim, form of, p. 139, § 41. Claims, illegal allowance or payment, duty of district attorney, p. 115, § 8. Claims, neglect to act, action on, p. 140, § 43. Claims, no fees for swearing to. Act 112:;, p. 319, § 227. Claims, officers charged with notice of extent of, p. 114, § 6. Claims, officer allowing in violation of statute, liability of, p. 115, § 7. Claims, officers not to present or advocate, p. 138, § 39. Claims, rejection of. p. 140, § 42. Claims, time of filing, p. 09, § fl. Claims to be itemized aud verified, p. 138, § 40. Claims against by supervisors, proceedings, p. 112, § 49. Claims against state, allowance, settlement and payment, Act 799. Classification of, p. 169, § 157. Commissions for collection of taxes, payment for, prohibited, Act 4050. Commissions for collection of taxes, county not to bring suit against state for, Act 4C»19. Contracts of, contrary to statute void, p. 114, § 6. County fire insurance companies, organization and manage- ment of, Act 1667. County seats, p. 117, § 11. County seats, removal of, p. 117, §§ 11, 12. Coyote scalps, bounty on, Act 851. Credit of not to be given or loaned, p. 114, § 5. Division of, classification in case of, p. 320, § 231. Division of, effect of on salaries, p. 320, § 231. Demands, form of, p. 139, § 41. Donations to, receipt of, Act 1355. Donations to, receipt and appropriation of, Act 2338. Enumeration of county charges, p. 319, § 228. Fees of certain city officers in criminal action not a county charge, Act 1125. Franchises for roads and paths for horseless vehicles, Act 1464. Funding of county indebtedness, Acts 369, 370, 373. Franchises for paths and roads for bicycles and horseless vehicles, Act 1464. G«n. Laws— 100 i COl'NTIES. Gifts, authorized to recriv. Gifts, an) bold, and dispose of. Grant* and don 'es, etc., duties of suprr -. p. 142, 5 51. Hours of lab - d cities and counties Of tlon and ■ :339. Name . f. p. U4, 5 3. by In nil 114, 5 3. Mi ■■• \ • Mi a New, I Act 798, Officers of. p. 143, ? 00 ol treasury claims against. I IN. Payment of m n *>n public works, eecur- ! Paupers, support of: Pee Pad? ties and ■ [>. 114, 55 5, 6. of count!. s. pp 114-116, | ri > ni.55 1.4. 111. 5 2. lium on official bond. f by. An | rer P^.onn author- ized to alter. Public bull •" of, Aei Publ Pub "es. Pni rlts. Railroad companies, authorized to become stockholders In, Supervisors authorized to declare election day a t 1469. 1 , e Toll nridges. Wai raj 1 1, duties of audit 85 109 et n Warrants, I ran p 141 Warrants, >". P m. 5 M. , ■ itioa to, i $3 67, at &eq. COUNTIES. Particular classes. Salaries of officers in counties of the first class, p. 173, § 158. Second class, officers of, salaries, fees, and allowances of, pp. 173-182, § 159. Second class, deputies and assistants and salaries of, pp. 173- 182, § 159. Third class, officers of, salaries, fees, and allowances of, pp. 182-190, § 1G0. Third class, deputies and assistants of, and salaries of, pp. 182- 190, § 160. Fourth class, officers of, salaries, fees, and allowances of, pp. 190-193, § lfil. Fourth class, deputies and assistants and salaries of, pp. 190-193, § 161. Fifth claas, offi ers of, salaries, fees, and allowances of, pp. 103-197, § 162. Fifth class, deputies and assistants and salaries of, pp. 193-197, § 162. Sixth class, officers, salaries, fees, and allowances of, pp. 197- 199, § 163. Sixth class, deputies and assistants and salaries of, p. 197 et seq., § 163. Seventh class, officers of, salaries, fees and allowance of, pp. 199-202a, § 164. Seventh class, deputies and assistants and salaries of, p. 199, et seq, § 164. Bighth class, officers, salaries, fees, and allowances of, pp. 203- 205, § 165. Eightb 'iss, deputies and assistants and salaries of, p. 203, § 165. Ninth class, officers of, salaries, fees and allowances of, pp. 2C5-20S, § 166. Ninth class, deputies and assistants, p. 205, § 166. Tenth class, officers of, salaries, fees, and allowances, pp. 208- 212, § 167. Tenth class, deputies and assistants and salaries of, p. 208 § 167. Eleventh class, officers of, salaries, fees, and allowances of pp. 212-217, § 168. Eleventh class, deputies and assistants and salaries of, p. 212 § 168. Twelfth class, officers, salaries, fees and compensation of, pp 217-219, § 1C9. Twelfth class, deputies, and assistants, p. 217, § 169. Thirteenth class, oflicers, salaries, fees and allowances of pp 219-222, § 170. Fourteenth class, officers, salaries, fees and allowances of, pp 222-224, § 171. Fifteenth class, officers, salaries, fees and allowances of pp 224, 225, § 172. Sixteenth class, officers, salaries, fees and allowances of, pp 226-228, § 173.. Sixteenth class, deputy of district attorney, p. 226, subd. 8 Seventeenth class, officers of, salaries, fees and allowances pp. 228-230, § 174. Seventeenth class, deputies and assistants and salaries of, p 228, § 174. Eighteenth class, officers of, salaries of, pp. 230-233, § 175. Nineteenth class, officers of, salaries, fees, and allowances of pp. 234-237, § 176. 1581 COUNTIES. Nineteenth class, deputies and assistants and salaries of, p. | 176. Twenti.-ih class, officers, salaries, fees and allowances of, pp. 237-240, 5 177. Twentii-th class, deputy of treasurer, and salary of, p. 240, § Tweuty- first class, officers of, salaries, fees and alli.v. of, pp. 240-243, § 178. Twenty-first cla^s. uvputy of district attorney and salar; 1. subd. 8. Twenty-second class, officers of, salarios, fees, and allow: PP. 243 249, $ : Twonty-second class, deputy of dlfltrict attorney, p. 243, subd. 8. Twenty-second class, deputies of, assessor ajri A, p. 243, subd. 7. Twenty-third class, officers, salaries, fees, and all > pp. 2i'J, 25U, § Twenty-fourth class, officers, salaries, fees, and allowances of, 250, 261, 5 I of, salaries, ft ••» of, IP. 2.'.1, 262. J Twenty-sixth c.a I p. 862-JS4, | . Twenty-seventh class, others of, salaries, fees, and allow.. IT, $ 1!>4. .ilid ailou . Tw Qty-nintn class, ollieers, salaries, fees, and allowances, pp. .. ISO. Thirtii lii class, officers of, salaries, fi ue, and allowanc - Thirty- in si olaajs, olllcers of, fees, salaries and allowances, pp. . | Tliir rs of, sal.i 1^9. Thirty-third class, officer* of, salaries, fees, and allowances, pp. 248-871, 5 ■■ Tnirty-ttii.d cla=s, deputies of assessor and salaries of, p, subd. 7. Thirty-iourth class, officers of, salaries, fees, and alktw.n. .1, § m. Thirty-fourth class, d. puty of assessor and salary of, p subd. 7. Thir Ifiters, salaries, fees, and allowances, pp. I m. Thirty-tilth class, deputy of assessor and salary of, p 7. Thirty-sixth class, officers of, salaries, fees, nod allowances, pp. 11*3. Thir: rs of, salaries, fees, and allow.*. pp. 27S, 27y, I Thirty-eighth oiaea, ollieers, fees, salaries, and allow. pp. 279-288, § ... Thir lass, deputies of assessor ana salaries of, p. Thirty ei Kin li class, deputy of supenni. I ■!• M of schools, p. 281, subd. 11. Thirty- n I officers of. salaries, fees, ai.d allowances, pp. 2^3, 186, § 186. COUNTIES. 1iS9 Thirty-ninth class, copyist of recorder and salary of, p. 283, subd. 3. Th rty-ninth class, assistant supei intendent of schools, aDd salary of, p. 2 5 4. subd. 11. Fortieth cl??s, officers, salaiies, fees, and allowances, pp. 285- 2S8, § 197. Forty-first -l 1 s. officers of, salaries, fees, and allowances of, pp. 288-290, § 198. Fony-seccnd c.ass, ulcers of, salaries, fees, and allowances of, pp. 290-292, § 199. Forty-third class, officers, salaries, fees and allowances of, pg. 292-294. S 200. Forty-fourth class, officers of, salaries, fees, and allowances, .pp. 294, 295, § 204. Forty-fifth class, officers of, salaries, fees and allowances, pp. 295-297, § 202. Fifth-sixth class, officers, salaries, fees, and allowances, pp. pp. 297, 298, § 203. Forty-seventh ela°s, officers of, salaries, fees and allowances', pp. 298-3f0, § 204. Forty-eighth class, officers of, salarVjs, fees, and allowances of, pp. 300-302, § 205. Forty-ninth class, officers of, salaries, fees, and allowances of, pp. 302, 303, § 206. Fiftieth class, officers o£, salaries, fees, and allowances, pp. 303, 304, § 207. Fifty-first class, officers, salaries, fees, and allowances of, pp. 304-306, § 208. Fifty-second class, officers, salaries, fees, and allowances, pp. 306, 307, § 209. Fifty-third class, officers, salaries-, fees and allowances, pp. 307-309, § 210. Fifty-fourth class, salaries, fees, and allowances, pp. 309, 310, § 211. Fifty-fifth class, officers, salaries, fees, and allowances of, pp. 310, 311, § 212. Fifth-sixth class, officers, salaries, fees, and allowances, pp. 311, 312, § 213. Fifty-seventh class, officers, salaries, fees, and allowances, pp. 312, 313, § 214. COUNTS, J. P. Title to certain swamp lands to, and to Myron Smith, confirmed, Act 4025 COUNTY BOUNDARIES, Butte and Plumas, boundary " line be- tween, Act 807. Butte and Yuba counties, boundary line between, Act SOS. Fresno and Tulare counties, boundary line between, Acts 811, 819. Glenn and Colusa counties, boundaries between, Act 810. Humboldt County and counties of Del Norte and Siskiyou, boun- dary line between, Acts 822, 909. Humboldt, Mendocino, Trinity and Klamath, boundaries be- tween, Act 813. Inyo and Mono counties, boundary line between, Act 812. Lake, northern boundary of, Act S17. Lake and Yolo counties, boundary line between, Act 820. Lassen, northern boundary of, survey of, Act 816. Mariposa and Fresno counties, boundary line between, Act S13. Plumas and Lassen counties, boundaries between. Act 809. 1890 COt'NTIES— COVRT3. San Luis Obispo and Kern counties, locating boundary I'oe be- Shasta and Lassen counties, boundary line between changed and located. Act - Shasta and Plumas counties, boundary line between, Act 814. Siskiyou, southern h UDd*ry of, surrey of, Act 816. COUNTY CLERKS, uknowledgments by, validated, Act 2L Bond of, p. 146, 5 66. Bond and filing of, p 146, 9 66. ties and assistants of. Acts K27, 828. assistants In counties of various classes: See Cou:. Deputies, additional In counties where Judges It. ■ aitJ, p. 317. Duties of ■ 5 107. I, I 7. } 1. I with, p. 600. S 8. if, p. 601, J 9. Office hours, p. 145, 5 61. •ioular cou i be charged ~lo, Acts 823, 1128, p. 821, ; Salaries of, in various classes: See Counius. :s. ex-oillcio clerk of. p. US, 5 19. COUNTS COURT, power.- d on superior courts, Act 846. IBNT, uniform system of, establishment of, A< ts 834 -37. I V BURV1 .-. County. aera in Equity. . I duties, p. 123, subd. 8. COURT 1 . DISTRICT, in Sonoma county, rfc-estab- :i of. Act 3ul6. ration of Records. ■: Courts. ■ in office of clerk of, Act 840. : to pay reut of courtrooms out City 'Court: see City Court. District court of appeals, appropriations, to provide for quarters for, Act Juvenile courts, creat.on, powers and duties of, Act 1 Mayor DC to act as justice or judge in cities over regulating. Act Btt I under constitution of ■ n to relit office of clerk of, Act S40. ■ its. Supreme court: court con i irt Col mission. of reevrds from - in« prior to 1879, A d of writi s issued before couiu, L COYOTES— CRIMINAL LAW. 1591 COYOTES, actions against state for bounties on scalps authorized, Act 3792. Bounties on scalps of, Act 403. CRANES, capture and destruction of prevented, Act 1316. ORESCENT CITY, incorporation of, Act 856. Townsite of, location of, Act 857. Water-front of, ceded to, Act 859. CRIMINAL LAW: See Larceny; Prisons. Conspiracy, meaning of limited. Act 692. Conspiracy to commit any crime against certain federal offi- cers and govern rs, punishment of, Act t»U3. Coroner's inquest in state prison, costs of, Act 783. Costs on removal of criminal action, Act 837, p. 320, §§ 229, 230. Costs of trial of convicts for crimes committed in state . prison, Act 783. Costs of trial of escaped convicts, Acts 736, 783. Counterfeiting of gold-dust, prevention of, Act 793. Cruelty to animals, prevention of, Acts 869-871. Creation of paper to circulate as money, forbidden, Act 2284. Cutting of hair of persons convicted of misdemeanor, Act 2834. Desecration of flag prohibited, Act 1198. Expenses of proceedings, what a county charge, p. 219, § 228. Fees of certain city officers not a county charge, Act 1125. Felonv. officfrs being interested in contracts or examining bids, p. 653, § 27. Flag, desecration of prohibited, Act 4225. Gaming: See Gaming. House of correction of San Francisco: See San Francisco. house of correction, commitments to, Act 1540. Importation of convicts into state, prevention of, Act 737. Improper and criminal use of deadly weapons, prevention of, Act 887. Industrial school of San Francisco, Act 3237. Juvenile court, creation, powers and duties, Act 1769. Kidnaping or importing Chinese or Japanese females for im- moral purposes, Act 592. Lotteries, prohibition of, Acts 2038, 2039. Married women, placing of in houses of prostitution, preven- tion of, Act 2796. Medical certificate, fraud in filing a felony, p. 604, § 13. Parole commissioners: See Parole Commissioners. Penalty for driving into logs substances liable to injure saws, Act 2049. Posse comitatus, supervisors authorized to pay expenses of, Act 3959. Preston school of industry: See Preston School of Industry. Prize-fighting prohibited, Act 2780. Prostitution: See Prostitution. Public e>:ei utions abolished, Act 864. Retaining portion of salary of subordinate officers a felony, Act 2549. Retailing art of wages of laborers in public works a felony, Act 2549. ird, governor authorized to offer, Act 1387. dim: Sse Seduction. Separation of children from adults, Act 1769. ILjI criminal law-dam: 1 ' ':>■ to children, incorporation of, Btati < 1 descriptions and I 'rial of convicts for crimen \ • ■ State School. r OALLBRT, removal of mineral cabinet from slate librnry to. Act 2200. to animals, prevention of, Acts • ntlon of cruelty to | iratlon of. il ri r of cutr.c ffi't for wach per- son. . :nents, validating defective. Acts 18- Appllcat'nn of John D. Justice to purchase state lands vall- x In Sacramento c. I. Act Acts of auditors and recorders legn Con. sinking fund of San Fran- 3H.S. 3H9. S150. on of sales by before obtaining ■ is, acts legalising: See Reclamation Dis- tricts. lands, vail.' rds of valii . t 1. Act 3367. • t 3153. •■ ' • llngi I by C. C. Cook vai; ..191. I : u< hlo of. . : • i firmed. A'-' >t tax coll. cl ira In iated, ?wamp lands to J. P. Counts and Myron Smith my, acta of pub'le administrator of, legalized, Act DAM/ causing death by wrongful act or Act 2451. DAIH Oh omarKarine. I I iitorney to prosecute oBensea under d.nry law. Act 876. DAIRIES— DEEDS. 1593 Factories of dairy products, inspection of, Act 877. Inspection of. Act 877. Products of dairies, inspection of, Act S77. Sale of milk belonging to diseased cows, prevention of, Act 877. Sale of products from unhealthy animals, prevention of, Act 876. Sale of products produced under unsanitary conditions, preven- tion of, Act 87S. Unsanitary when, Act 876. DAVISVILLE, hoa;s and goats running at large in, prevention of, Act 882. DEAD BODIES, exhumation and removal of, regulation of. Act 2S32. See Cemeteries. DEADLY WEAPONS, improper and criminal use of, prevention of, Act 887. DEAF, DUMB AND BLIND ASYLUM, directors, powers of, Act 892. Supply of water for, Act 893. DEAT- .. Burial permits, issuance and registration of, Act 879. Certificates of deposit, action for after death, limitation on, Act 3876. Compensation for causing death by wrongful act or neglect, Act 2451. County treasurer, of, proceedings on, p. 150, § 85. Express trusts, execution of on death of last survivor, Act 4161. Record of in cities of first class, pp. 740, 741, §§ 183, 184. Registrar of statistics, who to act as in cities, Act 2348, § 9. Registration districts, establishment in cities and counties, Act 879. Registration, act providiag fnr, Act 879. Registration of, act governing, Act S79. Registration, registrars, coroners, physicians and undertakers, etc., duties and powers, Act 879. •Statistics of: See Labor Bureau. Surrender of dead bodies for dissection, Act 937. DEBRla: See Mines and Mining. DEBRIS COMMISSIONERS, appointment, duties and compensa- tion of, Act 898. DEBT: See Public Debt. DEBTOR AND CREDITOR: See Bankruptcy and Insolvency. Discharge of whole of debt on payment of part, Act 6. Insolvent law, Act 1654. Legal tender notes are receivable in payment of taxes and debts, Act 1895. DEFDS, acknowledgment by prisoner, Act 2764. Acknowledgments: See Acknowledgments. Cemetery corporation, manner of execution of deeds by, Act 550. Conveyances by persons whose names are changed, Act 904. Torrens laud act, Act 4115. DEER ' on ML Oosta Coui.iy, •"13. Act 4358. tl», p. 40, 5 3. • B, of. Act 743. } 3. > 16. ■ n, dfflnltlon of. nlmals of another, wounding in, punlsb- I animals In, A \ iu counties, ] 1 n • - Hui prevention of. Act 1593. rip thiiu open. Act 1593. ■ 914. I 013. 9 18. \ I ■ 06 of does not affect existing 5 1. U of. p. 333. S 12. ;md experience, examlna- p. 331, § 9. t, p. 334. J 13. I ; . 331, i 10. p on change of iLlon of license, proceedings on nmoval, p. '.|8. i 3. 1 6. a and iniWagt of, and how paid, p. n, and iii ! 14. ice of, p. 329, S *• ^s, quorum, p. 339, I DENTISTRY— DISEASE. 1595 Dental examiners, number of, p. 329, § 2. Dental examiners, officers of, p. 329, § 3. Denta! examiners, organization of, p. 329, § 3. Dental examiners, posMfflee address and notices, p. 330, § 5. Denta! examiners, powers and duties enumerated, p. 329, § 3. Dental examiners, rf-moval of, p. 330. § 7. Dental examiners, qualifications, p. 329, § 2. Dental examiners, seal of, p. "29, § 3. Dental examiners, term of office, p. "29. § 2. Dental examiners, vacancies, filling of, p. 329, § 2. Diplomas, bestowing of by co. leges, p. 337, § 20. Examination of applicants, p. 330, § 8. Examination, fees for, p. 333, § U. Fees, p. 334. § 14. Fines, penalties or forfeitures, disposition of, p. 337, § 2L License, certificate of registration of, p. 332. License, practicing without, unlawful, p. 328, § 1. License, registry of, p. 381, § 10. License, revocation of, grounds for, p. 338, § 211^. License, revocation of, proceedings for, p. 338, § 21%. License, temporary, issuing, p. 333, § 11. License, where issues, p. 330. § 8. Misdemeanor, offenses against dental law, pp. 336, 337. Moneys received, deposit in bank and withdrawal of, p. 335, § 14. Offenses against dental law, punishment of, pp. 33G, 337. Physicians and surgeons, rights of, p. 339, § 24. Practicing dentistry defined, p. 335, § 15. Registry of dentists, false- entry, liability of county clerk, p. 332. Regulation of practice of. Act 921. rU;jroduction of register of boord of, Act 3016. DEPOSIT, in banks: See Banks and Banking. Certificates of deposit, action for after death, limitation on, Act 3S76. Deposit of moneys or assets with corporation and reduction of bonds, Act 1055. DEPOSITARY, bonds, deposit of money or assets with corpora- tion and reduction of bonds, Act 1055. Corporation acting as, rights and duties of, Act 1055. Corporations as, and powers and duties of, Act 770. Corporations authorized to act as, Act 1055. Deposit of moneys or assets with corporations and reduction of bonds, Act 1055. DEPUTIES: See Offices and Officers. Acknowledgments taken before validated, Act 17. County clerks, deputies of, Act S28. DESCENT, law governing, Act 927. DESCRIPTION, photographs and descriptions of discharged con- victs-, giving to sheriffs and chiefs of police, Act 2767. DESTROYED RECORDS: See Restoration of Records. DETAINER, forcible entry and unlawful detainer, act concerning, Act 1208. DIABLO CREEK, declared navigable, Act 932. DISEASE: See Public Health. Contagious ai.d infectious, amongst animals, prevention of, Axts 179, 180, 877. ••".8. ^s Injurious to fruit tr. '" ,r ■ r rr " of. Act 1 >n ot. he* for dUsoctlon. Act 937. u of for A«* ™™» i. of. Tor non-us. r. Acta 2S03. 1S7i. 40*. - |« cltlaa ana coun- tlon. \ P- S1 *- * ^, *• ' w - i .i .„ proceed a*aln«t turaoo* neglectln* to Claim a*-< not t0 prrarnt or .. > IJ ' :it and Mlarlea In varlou* counties 1«. II 1 1 J. i attorney* and their ■uc- uty. duty of dlatrlct let 943 ...il to pay over money*. proc.od.nBa a**ln*l, «. W. Act -jO*. in: See Coun- la countte*: See Co.. . l>0 luporior courta. Act 84«. urts. D1T( . Act 9W. DI\ DIVORCES, a. I Iji.V ii of. Act MO. \ ■ DOGS— DRAINAGE. IS9V Protection of sheep against ravages of, Act 181. Stealing of. prevention of, Act 190. Worrying or killing sheep or angora or cashmere goats, lia- bility, p. 34,3, §§ 4, 5. DONATIONS: See Gifts. Counties, In, receipt and appropriation of, Act 233S. To state, receipt and appropriation of, Act 3782. DORRIS BRIDGE, name changed to Alturas, Act 970. DOWNIEVILLE, incorporation of, Act 975. DRAINAGE, agricultural lands, drainage of, Acts 982, 983. Cities of third elas?, drains in, pp. 811-816, §§ 531, 532. Colusa and Yolo counties, certain lands in, of. Act 649. Commissioner of public works, auditing board to, duties in re- lation to, Act 2891. Commissioner of public works, duties in relation to, Act 2890, § 2. Districts, organization and government of drainage districts, Act 982. Issuance of bonds by cities for drainage of waters, Act 2366. Levee districts: See Levee Districts. Promotion of. Act 980. Protection districts: See Protection Districts. Rapid, promotion of, Act 3811. Sacramento River drainage district, creation of, Act 981. Sale of lands uncovered by recession or drainage of lakes, Act 2857. Swamp and overfnwed lands, drainage of, Act 983. State drainage construction fund, abolition of, Act 984. State drainage construction fund, transfer to general fund, Act 984. Ditches and drains under the act of 1903. Act 986. Apportionment of, notice to owners, p. 351, § 6. Bond on petition for, p. 349, § 1. Completion, proceedings where owner fails to complete, p. 351, § 7. Condemnation of lands, p. 353, § 12. Construction, damage by augmenting waters, p. 353, § 11. Costs o£ excavation and location apportioned to lands affected, p. 350, § 5. Costs of, notice to owners, p. 351, § 6. Costs, notice of apportionment to owners, p. 350, § 5. Costs, proceedings on failure to pay, p. 351, § 7. County surveyor superintends construction, p. 352, § 9. Encroachment, failure to remove, penalty, p. 352, § 10. Location of, p. 349, § 2. Obstructions, fai.ure to remove, penalty, p. 352, § 10. Petition frr, p. 319, § 1. Petition, contest of and evidence, p. 350, § 3. Petition for, hearing, p. 319, § 1. Petition, hearing, publishing notice of, p. 349, § 1. Petition, publication of, p. 349, § 1. Petition, supervisors may grant or deny, p. 350, § 4. Repair of, p. 352, § 9. Road master has charge of, § 352, § 9. Survey of lines <■( and report, pp. 349, 350, §§ 2, 4. Transfer of funds from drainage const ruction funds to general fund, Acts 1282, 12 Treasurer, duty of as to funds, p. 351, § 8. Treasurer, compensation of, p. 352, § 8. * I 16. § 9. 5 1*. 14. . nd of lands, p. 347. 5 IS- 14 of trustees, P- 348, I U, 19. 5 3. intlaa, p 340, 5 10- i i- 5 8. Pur ', 17. j 10. ■ ' 987. ■ns and pr ntlng and defending, p. 868, § 26. p. 370, §5 39, l 5 4. of levying, p. 3C6, { 31. ■ § 31. ;. J J 88-90. .. §} 58-63. . pp. 3s7, 388, §5 p. 364. § :,t, denomination, etc., 5 30. : 48. . 39. 5 64. luslOD, pp. 377-3*0, ?5 64-71. p. 71 ion of land it, 5§ 7i-S>7. . i 70, i ■ . I' • •!. 8 3. 5 16. c .in, railroad, blghwav p 178, ; :. DRAINAGE. 1W9 Contracts and bonds, p. 372, § 50. Costs and expenses paid out of construction fund, p. 373, § 51. Debts, limitation on power to incur, p. 375, § 56. Directors, at large, p. 365, § 5. Directors, biennial election of, p. CC.9, § 17. Directors, changing number of, p. 363, § 25. Directors, compensation and expenses, p, 374, § 53. Directors, financial statement, publishing, p. 358, § 13. Directors, limitation on power of to incur debt, p. 375, § 56. Directors, meetings of, p. 35S, § 13. Directors, minutes, p. 358, 5 13. Directors not to be interested in contracts, p. 374, § 54. Directors, oath and bond, p. 339. § 17. Director, office becomes vacant cu exclusion of lands, p. 380, § 71. Directors, office of and change of, p. 360, § 18. Directors, one elected from each district, p. 381, § 72. Directors, one to be elected from each division, p. 355, § 5. Directors, organization of, p. 35S. § 12, p. 360, § 18. Directors, powers and duties of, p. 35S, § 14. Directors, qualifications and residence, p. 355, § 5. Directors, quorum, p. 35S, § 13. Directors, term of office, p. 357, §§ 11, 12, p. 360, § 18. Directors, vacancy, p. 359, § 17. Director, vacancy in office on exclusion of land, filling of, p. 3S0, § 71. Directors, when enter on duties, p. 357, § 11. Dividing district into divisions, p. 3C5, § 5. Division, dividing district into, p. 381, § 72. Division of district, re-division on inclusion of land. d. 386. § 87. ' Division, changing boundaries of, p. 358, § 15. Elections, boards of election, appointment of, p. 361, § 19. Elections, board of election, oaths of officers, p. 361, § 20. Elections, board of election, duties and powers of oiucers, p. 361, § 20. Elections, certificates of election, p. 363, § 24. Elections, form of ballots, p 361, § 20. Elections, notice of, p. 361, § 19. Elections, polling places, p. 361, § 19. Elections, precincts, p. 361, § 19; p. 381, § 72. Elections, returns, canvass of, p. 362, § 23. Elections, returns, p. 362, §§ 22, 23. Elections, statement of result, declaring and entering r> 363 § 24. Elections, voting, p. 361, § 21. Election on organization, contest of, p. 357, § 10. Election on organization, notice of, p. 356, § 6. Election on organization, canvassing returns, p. 356, § 8. Election on organization, qualifications of electors, p. 356, § 7. Election on organization, two thirds votes necessary, p. 356, § 8. Election on question of inclusion of lands, pp. 384, 385 §§82 83. Election on question of reducing bonded indebtedness, p 3S6 §§ 88, 89. Election on question of special assessment, p. 374, § 55. Election to determine destruction of bonds, pp. 387, 388, §§ 91- 93. Eiclu ion of lands, pp. 377-380, §§ 64-71; p. 381, §§ 73, 74. Exclusion of lands, effect of on debts, liabilities, etc., p. 377, § 64; p. 381, §§ 74, 75. 1SG0 DRAINAI STREET. Exclusion, guardian or executor may sign petition, p. 3^1. 5 73. Funds, enumeration of, p. 372. 5 4t>. Guardian t may sign petition for inclusion of lauds, p. : Inclusion of land. ; i organization, p. 86S, § 1. Officers not to be : Order declaring organizat ling and OMng with super- 5 9. | 1. 5 9. ■ 9 2. " i. 5 2. Petition, illegal elgi K4, 5 l. I 2. • ition of, p. tion. who Powers, rights . i. 9 26. 373, 5 52. 35S. { 12. T.i \ ; 3 42-45. Title of : . p. 363. ? of prior dlstr ta not effected bv act p. : " ' • DRAINS: .ge. Li; 1 Q8: S«€ Pharma-- Adi. I 192. Alll! Analyzing Analyzing. Itinerant Paris green, fraud in sale of. pi | t ?cn. Pa' f, Acl :CH. .lion of salr of, Act . DBUOOIE • larmacy. DDK BILLS, assignability ot. Act 260. in mi. B Dumb and Ulind Asylum. DYING STATEMENT, duty of ass.stant district attorney to take In DYNAMITE: See Explosives. EARL: See Lake Earl. BARN 1 1 BASEMENT, r.^lits of way g EAST STREET, San Francisco, ban- •horlzcd to sell, cod i nd. Act 14 i alignment. A I n if harbor commissioners extended over, Act H-T EDUCATION— ELECTIONS. 1501 EDUCATION: See Hastings College of the Law; University of California. Colleges: See Colleges. Incorporation of institutions of learning, science and axt, Act 633. Schools: See Schools. EEL RIVER, salmon fisheries In, protection of, Act 1326. EJECTMENT, possessory actions, mode of maintaining and defend- ing, Acts 2847, 284S. EL DORADO COUNTY, agriculture in, protection of, Act 992. Animals of another, wounding in, punishment rf, Act 1593. Animals, prevention of injury to agriculture from trespassing of, Act 992. Animals, trespassing of on private property in Mud Springs Township, Act 997. Assessor, authorized to appoint one or rrore deputies, Act 993. Board of auditors, creation of and powers of. Act 994. Bonded indebtedness of, funding of, Act 995. Bonded indebtedness, levy of tax f>r redemption of, Act 1004. Collector, election and compensation of, Act 1007. Fees of officers in, Act 1001. Fences, division in, Act 1138. Fences, lawful, in, Act 996. Fences in, tearing down of. prevention of. Act 1593. Firemen, exemption of from poll tax, Act 4063. Fires, leaving of, punishment of, Act 1593. Funds, treasurer to transfer certain, Act 1066. Highways in, Act 999. Hunting on inclosed private land, prevention of, Act 1593. Inclosures, passing through and leaving them open. Act 1593. Stallions prevented from running at large in, Act 1063. Mud Springs township, trespassing of animals upon private property in, Act 997. Officers, fees and salaries of, Acts 1C00, 1001. Poll taxes in, disposition of proceeds of, Act 1005. Rattlesnake school district and Wild Goose school district con- solidated, Act 3543. Roads in, Act 999. Rrads, improvement of in, Act 998. Supervisors, organizing board and defining duties of, Act 1002. Taxes, levy of for county purposes, Act 1004. Tax, levy of for redemption of bonded indebtedness, Act 1004. Tax, special, supervisors authorized to levy, Act 1003. Treasurer, election and compensation of, Act 1007. Treasurer of to transfer certain funds, Act 1006. Trespassing of animals in. Act 1071. ELECTIONS, bonds, counties au M iorized to vote on issuing for debts not authorized, Act 384. Bonds, on question oi Issuing by cities for expenses of year 1883, Act 383. Certificates of election, issuing of, p. 136, § 35. Charters, elections upon, Act 1014. Charters or amendments to the charters, conduct of election upy. 1 to use electricity or steam. Act i;| iCi ill. ■ Act 3076. ■ 111-, p. 154, { 105. I p. 164, r - Wben maj be .re?*, p. 154, 5 105. BL MONTE, Lexington, name of •' • "■■ Monte, A' : io;«. I.L Mi 'NT'". TOWNSHIP Angeles Couuty, protection of [RATION, promotion of emigration from state, Act 1 MAIN, cities aul • acquire water, water EMPLOYMENT: EMPLOYMENT AGENTS, duties and liabi J"36. IMPMEN1 '■ t0 Dc ' '' in^ruc- i 5VMENTS: See Trusts and Tru 11. regulation, powera an 1 duties of, Act 1664. ENGINEER— ESTABLISHMENT OF TITLES. 1*» ENGINEER, cities of second class, appointment and duties of, p. 793, § 377. ENGINEER, STATE: See State Engineer. ENTRY, forcible entry and unlawful detainer, act concerning, Act 1208. EQUITABLE LIFE INSURANCE CO., authorize'd to invest money in California, Act 1670. EQUITY, commissioners in: See Commissioners in Equity. ESCAPE, arrest, trial, recommitment and punishment of convicts who have escaped, Act 1041. Costs of trial of escaped convicts, Acts 736, 7S3, 3859. Sheriff, liability of, p. 152, § 95. ESCHEATS, act concerning, Act 1046. . Aliens to claim inheritance within five years, Act 124. Sale of escheated estates, Act 1047. ESTABLISHMENT OF TITLES, action how commenced, Act 1048, § 2. Action. »rflex of to be kept, Act 1048, 5 13. Actions, register of to be kept, Act 1048,_ § 13. Action to be brought before what timer Act 1048, § 18. Action, where brought, Act 1048, § 1. Adverse claimants, names and addresses to be set forth when known, Act 1048, § 5. Adverse interests, to be set forth in affidavit, Act 1048, 8" 6. Affidavit of plaintiff, Act 1048, § 5. Affidavit, to contain what, Act 1048, § 6. Affidavit, when filed, Act 1048, § 5. Affidavit, by whom to be made, Act 1048, § 5. Answer, tn contain what, Act 1048, § 8. Answer to be verified, Act 1048, § 8. Appeals, rules for, Act 1048, § 12. Appearance, who may make, Act 1048, § 8. Appearance, when to be made, Act 1048, § 8. By action in rem, when, Act 104S, § 1. Character of estate to be set forth in affidavit, Act 1048, ! 6. Clerk, duties of, Act 1048, § 13. Complaint to contain what, Act 1048, § 2. Complaint to be verified, Act 1048, § 2. County includes city and county, Act 1048, § 16. Default, no judgment by, Act 1048, § 9. Defendants' in action to, Act 1048, § § 1, 2, 15. Depositions, taking of, Act 1048, § 12. Evidence, rules of, Act lu48, § 12. Ignorance of required facts, grounds of, to be stated, Act 1048, § 5. Index of actions to be kept, Act 1048, § 13. Judgment, to ascertain and determine what, Act 1048, 8 H. Judgment, effect of, Act 1048, § 11. Juagnient, recordation of, Act 1048, § 11. Judgment-roll may be recorded, Act 1048, 8 11- Jurisdiction, extent of, Act 1048, § 7. Jurisdiction, when obtained, Act 1018, § 7. Limitation upon time in which to bring action, Act 1048, 8 18. Lis pendens, filing of, Act 1048, § 9. Lis pendens, contents of, Act 1018, § 9. Lis pendens-, recordation of, Act 1048, § 9. Mailing of summons and comp'aint, Act 1048, 8 8- ■M ESTABLISHMENT "F TITLES— F.XE< TTIONB. t •; kept by ncvrder. Act K4S. } 9. 11 ■ MIT In action for. Act 1048, II 1. 2. 15. r. Art 1048, | 9. ..ling, rules of. Act 1 !\ I 12. Practice, rules of. Act I Publication o/ sunv I04S, 14. Terror ' ' | $, IT • lens, Act 1<"'4R. | 9. | is. I 17 • rt 1MB) I 14. • I serred. Act 104«. | 14. .Hon, Art 1148. I 4. T^4S. | 6. '■>rth In affidavit. Act 1048. | t. Punv Ms of. Act KM8. II 8. 4. p publisher of. Act 104<<. f 4. ' Art 1^9, | 4. 9 6. at of. Act l |g, J « | 18. 4 action. Act 1^48, || 1. |, IB. FPT\TFS or DBCHDBNTS: c ^« Public Administrator* Claims paM wltlmi:' .illtlrs. allowance of. Act l^M. by next of kin of deceased, Art ■rd dl«tr" envrnlnn, Art ■ale of. Art 1064. \ct 2785. I • Validation . by public administrators before obtaining • EST-: ' ! Animals. r towns. In: See Particular Title. ETNA. Incorp' ly, Siskiyou County, changed to Etna, Act I Sartor of. A^-t 1084. Clark's add'tlon to, survey of legalised, Act low. ill of. to sit as board of equalization. Act 1087. 'bllshment if In. Act 1088. by officers of cities of first claw as evidence, p. 699. 5 98. Pep Judicial Notice. \amlners. iiitborlzpd to bid In property under ■ of ? tali . eVof I ' FTrp' ■ ted on attachment nr execution and how paid. p. 31R. Justices' court itlons from. Act Sheriff, dul 'labilities regarding, pp 1M et srq.. 5 8f ct I Unsafe bank<>. proceedings against, effect on attachments or executions, p. 50. EXECUTIVE SECRETARY— FEEBLE-MINDED CHILDREN. 1603 EXECUTIVE SECRETARY of United States, assault upon, punish- ment of, Act 603. Of United States, conspiracy to commit any crime against, punishment of, Act 693. EXECUTORS AND ADMINISTRATORS, bonds, deposit of money or assets with corporation and reduction of bonds, Acta 1055. Corporation acting as, rights and duties of. Act 1055. Corporations authorized to act as, Acts 770, 1055. Deposit of irnneys or assets with corporation and reduction of bonds, Act 1<"'55. Validation of sales by public administrators before obtaining letters, Act 2S09. EK-OFFICIO OFFICERS, signatures of, Act 2550. EXEMPTION, po'l tax. exemption of firemen from in certain comi- ties, Act 4063. EXPERT, coniroller, ti\ compensation of, Act 731. Controller, to, creation of office of, Act 731. EXPLOSIVES, malicious deposit, punishment of, p. 403, § 8. Police office may sue for forfeiture, p. 404. § 10. Reckless or unlawful possession of. p. 401, §§ 5-7. Records of sales of, pp. 400, 401, §§ 1-4. Transportation of high explosive, p. 403, § 9. EXPOSITIONS, special tax to exhibit county products- at exposi- tions authorized. Act 4041. Tax to display products at, supervisors authorized to levy, Act 3963. EXPRESS TRUSTS, execution of, on death of last survivor, Act 4161. EXTENSION OF TIME, effect of, Act 1094. For what acts, Act 1094. No application to criminal acta, Act 1094. Until what time, Act 1094. EYES: See Optometry. FACTORIES: See Manufacturers. Sanitary condition of workshops and factories, provisions for, Acta 109S, 2139, 2841. FAIRS tax to exhibit county products at expositions authorized, Acts 3963, 4041. FARES, rat'JS of on street railroads in cities over 100,000, Act 2929. FARMERS' INSTITUTES, ho.ding of by regents of university of California,. Acts 4252, 4259. FEATHER RIVER, bridge across declared a free bridge, Act 1103. Bridge across, supervisors authorized to construct, Act 4005. Navigability of, Act 4358. Survey of outlet of, Act 1104. FEDERAL GOVERNMENT: See United States. FEDERAL OFFICERS, assaults upon certain, punishment of. Act 693. Conspiracy to commit offense against certain, punishment of, Act 693. FEDERAL PRISONERS, confinement of, Act 2768. FEEBLE-MINDED CHILDREN, tct providing for improvements at home for, Act 1115. MINI. CD CTMI. L'S. California home for ; and training I ' -,ment -nmrnt an«l management of homo for, Ac! Idl(V Uj be ad- Act inn i site for home for. Act 1110. 1113. R| K n ' borne gra: rs of S» noma County. Art 1112. Act mi 6u '' k-e location i ■ 'aim cerUin realty to trustees I t for to be given, p. BO, t 223. Al ''" • successors. I to be pnld by appl.cant for. | Architect, for | 4 Ar. • and other cbargea Atu >ure su:t» to be fixed by court. Act Board of accm - M that may be charged by. pp. 2 3, } 2. subds. 4. S. Cities of set. .ml cln^s. fees to be paid Into I >nds against counties, no fees for sweiriruj to. ■ Con i.al cases a county charge D 751 of first class receive no fees, p. :: -ta. M witness outside of cit x I expense*. P. J p and other offi for applicants to practk. , . 14 r . - D duty where f- d liability p. US, 5 ¥ book, delivery to successor, p. 316, { Fee book, open to Inspection, p. 316. 5 1 -a corporations. red of, Ai I is corpus, no fees to be cbargi . Illegal, supervisors to remove .>mc<. i s collecting, p 320 5 "25 Jurors of. Acts tll9. IIL'3. p. 414. Jurors, a coui tj» cbai .,]. 4, Jurors, paym I of fees of Jurors who have served as such, Jurors In counties of seventh class, Act S3". } 164 Jurors, In counties of tv ;$_ Jurors, In Juruio, .u couuLics ol tuny ninth da FEES-FENCES. 160'f Jurors serving since 1896 and not paid, payment of fees, Act 1124. Law libraries in cities of first class, fee for, p. 7C<3, § 127. Mannei of paying in cities and cities and counties over 100,000, Act 1121. Medicine, on application to practice, p. 59S 5 5, Naturalization, no fees to be charged, p. 321, § 227. Notaries, fees for publication to be paid in advance, p. 144, § 57. Oath of office, no fee for administering or certifying, p. 321, § 227. Officers, of, Act 1119. Particular counties: See Particular Title. Particular officers: See Particular Title. Payment into county treasury, p. 316, 5 216. Pension claimants, county clerk to take affidavits of without fee, Acts 829, 2641. Pension matters, no fees in, Act 1122; p. 319, § 227. Poster of fees of justices and constables, p. 318, § 224. Prepayment necessary except in certain cases, p. 318, § 221. Prepayment not necessary in habeas corpus, p. 318, § 221. Prepayment of fees not necessary in naturalization, p. 318, § 221. Quarantine officers, cities of first class, p. 740, § 180. Receipt for to be given, p. 318, § 223. Removal of criminal action, on, p. 320, §§ 229, 230. Salary fund, payment of fees into, p. 317, § 219. San Francisco, fees of jurors and witnesses ;n. Act 3217. San Francisco, regulation of, repeal of act relating to, Act 3346. Statement of and affidavit, p. 316, § 218. Statement of fees to precede warrant for salary, p. 318, § 221. Taxes, for assessment, etc., of, abolished, Acts 4048, 4049. Taxes, collection of, payment by state to county or city for, prohibited, Act 4050. Treasury, when to be paid into, p. 316, § 218. Witnesses, of, Act 1123. Witnesses, p. 414. Witnesses, a county charge, p. 319, § 228, subd. 4. Witnesses, in counties of thirty-fourth class, p. 274, subd. 19. Witnesses, in counties of thirty-eighth class, p. 2S3, subd. lfi. FELONIES, assault upon certain state and federal officials, Act 693. Cons-piracy to commit any crime against certain federal and state officials, Act 693. Explosive, malicious deposit, p. 403, § 8. Explosive, reckless or unlawful possession of, p. 402, §§ 5, 7. Medical certificate, fraud in filing, p. 604, § 13. Officers being interested in contracts or examining bids, p. 653, § 27. Retaining portion of salary of subordinate officers, Act 2549. Retaining part of wages of laborers on public works, Act 2549. FELTON, incorporation of, Act 1129. FENCES, division, construction of, Act 1138. Division, height of, in cities, Act 1139. Lawful fences, acts concerning, Acts 1134-1137. Leaving open of inclosures, prevention of, Acts 1140, 1141. Particular county in: See Particular Title. Partition, height of in cities, Act 1139. 1G08 fences— Finn : Passing through inclosures and leavit p t! ■ ni open, prevention Of, Art U). I. Tearing 6 WO fences, prevention of. Art ; Tearing down to make passage through, prevention of, Acta 1140, 4144. r'ERIiiKS across navigable streams betwen counties, establishment, maintenance and expense, Act 11 17 District attomi persons neglecting to pay -:y or bride B*tablishm< tit of in Stanislaus County on San Joaquin River, Act 1761. Public, act concerning, Act 1140. V DCPOT, bonds, issuance and sale of for construction of In San Francisco, Act 1152. FERTILIZER?, sa'e of fertilizers and manurlal materials, regula- tion of. I University of California, powers and duties In regard to sale of, pp. 420-428, Si 3-11. PIDDLBTOWN, MUM --hanged to oirtn. Act llf.1. Hi>gs and goats pr- ■-. . running at large In. Act U FINI-HRS, lost property. A FINES, act Imposing on Immigrants unable to became citizens. Act 1588. FIRE, forest fires on public land, prevention of destruction by. Act 1168. ma city, prott etion of ap . Leaving of, punishment of • .'. city, protection of against, I Spark catchers, u;-' i f 01 Starting in hay, grain, stubble, or grass, a misdemeanor. Act FIRE DEPARTMENT, In cities of first class, officers of, salaries of, Acts 11- '. 1181. Cities of first -Mass, lire department In, provisions relating to, pp. 724-782, 5§ 142-181. Cities of second class, removal of members of. p. 790, 5 358. Cities of fifth class, fi--e department in, p. 893, 5 M3. Fire alarm and police telegraph, pp 164. Firemen, exempt firemen '■ relief n 176. men, exempt fln mi n. enrollmei I s. Art ii76. ■men to be gxaj ; 179. ncn's relief fund, ti : oinpanies to pay certain premiums for. Acta 1177. 1668. > Insurance, fire: :'. li-.iith and insurance fund, creation of. Acts 117.",. 1175. hers to be granted yearly vacations. Act 1179. Pensions for firemen, supervisors auth. rlzed to provid. 1178. Penal D fund, creation of, Act 1175. Increasing efficiency of in cities of first class. Act U tax, fir- ■in- i . • xemption from li San Francisco, in. Act 8 Unincorporated cities and towns authorized to maintain, Act 1174. FIRE INSURANCE: See Insurance. FIBE MARSHAL— FLUMSS. 1609 FIRE MARSHAL, in cities of first class, p. 663, subd. 29. FIREMEN: See Fire Department. FIRE PATROL, establishment of by underwriters, Act 1188. FISCAL YEAR, changing in cities operating under charters, Act 1193. FISH: See Game. Alameda County, destruction of fish in prevented, Act 1323. Aliens prohibited from fishing in waters of this state. Act 1320. American River, removal of obstructions in, Act 1303. Bolinas Bay, destruction of fish in prevented, Act 1324. Butte Creek, protection of fish in, Act 1325. Catfish not to be caught except by hook and line, Act 1321. Chinese prohibited from fishing, Act 125. Commissioners authorized to construct hatchery, Act 1309. Commissioners authorized to dispose of hatchery on Battle Creek, Act 1310. Commissioners! authorized to dispose of steam launch and re- place it, Act 1307. Commissioners authorized to import game birds, Act 1308. Commissioners authorized to provide launch, Acts 1305, 1306. Commissioners authorized to purchase land at Sissons, Acts 1301, 1302. Commissioners authorized to remove obstructions in American River, Act 1303. Costs of trials of persons violating laws paid by state. Act 1335. Eel River, salmon fisheries in, protection of, Act 1326. Fishing, regulation of vocation of, Act 1319. Fishing, revenue for protection and preservation of fish, Act 1319. Fishways in streams frequented by migratory fish, Act 1322. Fishways in streams frequented by salmon, shad, etc., Act 1322. Hatchery, commissioners authorized to construct, Act 1309. Hatchery on Battle Creek, commissioners authorized to con- struct, Act 1310. Hatchery, purchase of land for at Sissons, Acts 1301, 13o2. Hatchery at Sissons, improvements and repairs, Act 1302. Kings River, destruction of fish in prevented, Act 1328. Lake Bigler, protection of fish in, Act 1327. . Lake Merritt, destruction of fish in prevented, Act 1317. Napa County, protection of fish and game in, Act 131S. Napa River, prevention of destruction of fish in, Act 1329. Pitt River, obstructions in, removal of, Act 1304. Plumas County, protection of fish in, Acts 1331, 1332. Salmon fisheries in Eel River, protection of, Act 1326. San Antonio Creek, preventing catching of fish in, Act 1330. Sierra County, protection of fish in, Acts 1.331, 1332. Siskiyou County, preservation of fish in, Act 1333. Sonoma Creek, prevention of destruction of fish in, Act 1329. Supervisors, powers of, p. 132, subd. 28. Warden, fish aod game, creation of office of, Act 1300. Warden, fish and game, powers, duties and salary. Act 1300. FISHERMEN, harbor commissioners to set apart portion of water front of San Francisco, Act 3230. FLAG: See United States Flag, Act 4225. Desecration of flag prohibited, Act 1198. FLUMES, co-owners of, mutual rights and liabilities of, Act 950. KM roi-^nji- ]■-'. FOLSOM. state prison at: See State Prisons. Saciamrnto city to, construction ol from. Act FOODS, analyzing. Art FORCIBLE ENTRY, forcible entry and unlawful detainer cernlng. Act U FORECL.OS1RE, attorneys fees and other chaws, abolition of. \ t 2330. Sultfl for, attorney's fres to be fixed by con- FOREIGN CO I to do business on tcrtu:- Certlfled r >pjr ol extli l«s to be Ol. To designate person upon w U in pro T74, 775. FOREIGN KIRK I'. " COMPANIES, mma by Into firemen's relief fund, Act 1177. FOREIGN IN8URANI PANICS, Are, U premiums to flriiueu'e relief fund. Act 1668. FOREIGNERS: See Aliens. t RESERVATION, consent of state to, Ac FORESTRY: See Horticulture. Approprlatl >n for experimental station, \ liuard <<(. property assigned In u a. Act Board of, creation of Board of. ISIS. Board of, powers of enlarged. Fund, forestry. I Joint investigation with fcdiral government for preserving, Money appropriated for forests, state board of examiners to control, Act 1 Mod -I from United States, appropriated i tion and prol t 1217. Protection and ma; inds, Act 1-10. State board of, creation of. Act ite board of, i ' L216. Violation of act relating to, punishment of, Act 1. FORESTS, fires on public land, pr. r u Hon by, Art 1163. Joint investigation with federal government of fort- I tion, Act 43C7. Suporvi^rs autU : u> d to appropriate Act 837, § Supervisors authorized to api FORFEITURE, life insurance policies, forfeiture of, Aol fort Jones. Incorporation of, Act l FRANCHISES, i franchises for paths and roads for, Acts 1234, 1461. FRANCHISES— FRESNO COUNTY. I 611 Booms, to construct, Act 392. Conditions governing granting of, Act 1229. Gas companies, granting cf franchises to. Act 1342. Granting of in cities, Acts 1230-1234. Paths and roads for biaycles and horseless vehicles, for, Act 1464. Sa'.e of, act regulating, Act 1229. Sals of in cities, Acts 1230-1232. To construct railroads beyond city limits to public parks, Act 2930. Toll bridges, for: See Toll Eridges. FREEHOLDERS, boards of, election of, Acts 367, 1014. FRAUD, corporations,, frauds by officer or agent of, punishment of, Act 771. Fraudulent conveyances, act concerning, Act 1239. Fraudulent conveyances, act concerning, Act 1^39. Misrepresentations of conditions of employment a misdemeanor, Act 2140. Peris green, fraud in sale of, prevention of, Act 2614. Faris green, regulation of sale of, Act 2614. Fayments on state lands forfeited to state in case of Act 3825. Stamping and labeling ;iodu.e and manufactured goods, fraud in, Act 2100. FRAUDULENT CONVEYANCE, act concerning, Act 1239. Married women, incumbrance or fraudulent conveyance of real- ty by, prevention of, Act 2110. FREE LIBRARIES: See Public Libraries. FRESNO CITY, ar.imals and fowls, certain prevented from running &t large in, Act 1253. Fire, protection of against, Act 1252. FRESNO COUNTY, animals, trespassing of,, on private property, prevention of, Act 1069. Auditor and recorder, separation of offices of, Act 1259. Auditor, salary of, Act 1259. Bonds for construction of certain roads and bridges, Act 1266. Bonds of tax collectors of, Act 12G9 Branding of calves in, Act 183. Classification of township in, Act 837, § 164, subd. 13. County seat, locating, Act 1258. Court house, funds for improvement of, Act 1260. Fresno and Tulare counties, boundary line between, Acts 811, 819. Funds, transfer of authorized, Act 1261. Gophers in, destruction of, Act 186. Hides of cattle, keeping of, Act 182. Highways in, special laws repealed, Act 1267. Hospital, funds for improvement of, Act 1260. Kings River Switch school district, uortion of ettached to Kingsbury school district, Act ?548. Mariposa and Fresno counties, boundary line between, Act 815. Notaries, additional, for, Act 2500. Recorder and auditor, separation of offices of, Act 1259. Recorder, salary of, Act 1259. Records of slaughtered animals, keeping in, Act 183. Registered population of townships, Act 837, § 164, subd. 13. Roads, bonds for construction of ceitain, in, Act 1266. Roads in, construction ?nd maintenauce of, Acts 1£65, 126*. TY— GAMJL >ronio4e<1. A •1 lands ■ :.r rlxhu !d certain, Tit. ■ ■ •* authnrlted to pay r«>< » *r\A nlarloa out 91 authorUod to '• r of other funds 'i f-om drainage eon air r fundi tr- -78. Pay '. by stair Sw. -'ate treasury paid to treasurer of Bwamp land funds : •. duties of Audi- tor, r zed to transfer to genrr.il np and Overflowed Land* y controller and trrasur r * . -nor and Transfer of funds to general fund on exhaustion of Tra- dralnajr* construction funda to „ n«ral ■ or tow:; ■ cnted from running at large on townsitcs. QOLI I commit. ■ loners authorized to sell certain lands In San to, Act 1 GOOD TK". .ithorlred to acquire property to carry out Itabl' 1377. . n of In i Ocular County. GOVERNOR, trblirat.on to . I state board, i < 1- Arcniti i-'.iire. ROTeri tate board of. p. 84. 5 L Appropriation I ult upon ai Aut. Acta Aut I I trlaltn deed to successors of J Aut: t States part of agricultural col- Aut! ay state's Inter am lands a Authorized wit.. ral to rill certain lands to i ants. Act 2868. Dank commissioners, to ai I 1. California trusteed of, goTernor appoints. Act 604. i Cha- 'ts members of state board of, p. 87, f I. Charities and correction, ex-omclo a member of, p. 87. 8 L Char. ties and correction, I in by state ' Commission on reform of taxation, governor ex-ofT.. and chairman. Act I Commission on reform of taxation to an ri to act on. Act Conspiracy to commit crime again?' of any s; P u n isnm ' '>**• Debris commissioner. . .51 r uf, by, to fen ral fund and return tl Act : p ov , . titutlons not aff' uuig stair of char. • i 5. Residence for, v Residence fitted up for - and armor;. 1 ."■ 9 1 Rcslden4. \GS COLLEGE OF THE LAW, creation of. Act 1436. HATCHERIES: See Fish. HAWKERS, Itinerant vendors of drugs, license upnn. Act 194L HA1 " barter of, Act 1446. • on Of, Act 1141. HEALTH: See Public Health. HBALTH IN8URANI WTES. formation, regulation, powers and duties of. Act 1664. I, hedges along line of. Act 3925. HIGH SCHOOLS: See Schools. HIGHWAYS: S^e Streets. Administration and government of roads, uniform system of, Act 1460. Big Oak Flat road, appropriation to purchase, Act 1452. Boulevard districts, formation of, Act 1449. Boulevards, construction, maintenance and use of, Act 1448. Boulevards, definition of, Act U4&, Bureau of, creation, powers and duties, Act 1461. at of, commissioners, bond of, p. 4", § 4. Department of, commissioners, compensation of, p. 4, § 1. Department of, meetings of, p. 457, § 7. Department of, officers of, p. 457, §§ 6, 7. Department of, of whom consists, p. 456, § 1. Department of, officers of, salaries of, p. 4G0, § 15. Department of, organization of, p. 457, § 5. Department of, powers and duties of, pp. 417-4CD, s? 6-14. Department of, reports of, p. 459, §§ 11, 13. Department of, specialists, employment, p. 46C. § K: Franchises for paths and roads- for bicycles and horseless ve- hicles, Act 1464. Free wagon road from Mariposa to Yosemite Valley, / ct 446'. Free wagon road from Mariposa to Yosemite Valley, repezl of act, Act 1450. Free wagon road from Mono Lake basin to Tioga road, construc- tion of, Acts 1455, 1456. General Grant Park to Kings river canyon, highway from. Act 1450. Government and administration of roads, uniform system of, Act 1460. Los Angeles county, highways? in, Act 2002. Motor vehicles, regulation of operation of, on, Act 2331. Municipal corporation, road .tax cannot be levied in, Act 110, Particular counties in: See Particular Title. Prisoners, employment of on roads, Act SS62. Public lands, right of way over granted to, Act 1451. Protection of growing trees on, Act 1402. Roads in Yosemite Valley, purchase of, Acts 4467, 4468. Sacramento city to Folsom, construction of state highways from, Act 1457. Supervisors authorized to declare innavigable streams, high- ways, Act 1453. State, carcasses of anirueie, permitting tc remain near, p. 454. S 6. State, care, management and protection of, Act 1458. State, ditches and drains across, bridging, p. 454, § 6. State, encroachments upon, Act 1458. State, fallen trees en, removal, p. 455, §? 7, 8. State, injuries by ditches, drains, water, etc., p. 454, § 5. State, mile-stone, guide-post, etc., injuring, p. 454, § 6. State, obstructions upon Act 1453. State, penalties and forfeituies, recovery of and disposition of, p. 455, § 1C. Supervisors, powers and duties of, p. 121, § 25, subd. 4; p. 124, subd. 12; p. 133, suWe. 35, 36, 37. State, shade tiess, injury to, p. 455, § 9. Storm waters and floods, protection and preservation of from, Act 1463. Supervisors authoried to declare innavigable streams, highways for legs and timber, Act 4361. Tramroads: See Tramroads. Trinity River, survey of road down to connect with road in Hum- boldt. County, Act 1464. Uniform system of road government and administration, Act 1460. Wagon road corporations: See Wagon R^ad Corporations. Wic;i of tires of wagons used on, regulation of, Act 1459. Toatmite and Wawona road, appropriation to purchase, Act 1452. G«n. Laws— 102 UU KCGS-HOSFITALS. partirular county or town in: :ar Title. HOUDATS: See Sun<: untitled to one day In Bev< n for re?t, Act I Super vlBora authorized to declare eUction day a holiday, Act • I BOUJ8TBR, Incorporation of. I HiiMK I !1U>KKN: See Fecble-Minded rhi: : vi: i BR ' ■* Home. TOR INK! I ' CtSOO, A' • ICt rrlallrr , In cape of. • A ■ ion of. prohibited. Act 3R. ' 37. of tare on baled hop*, Act 1502. HORN! ' •o a mlo^mcnrnr. Act 1ft?. LTTJRtt, anlmali injurious to, ; "f Introdm ■s of nlnt> untlei of forty-fourth 17. County boards of. ap ■ i?ps injur. Ion of Introduction of. Act Disease* to fruit and fruit trees, spreads? of. prevent: and plant I <3 pests at I Pear blight and walnut blight, itlon into by I 'Penalty for violating statute for ororgr raming of ti proi altural Into i • • 1510. ' ..riicultura; lnt< ■ a or animals li Qd manurli lis, regular 1 1 57 Spreading of fruit and fruit tre tm-nt of. • ■ 1.'13. HOSP1TAL.S, cities of first class authorized to erect a, and to levy a tax, Acts I Establishment of pest-houses within cities prevented HOSPITALS— HUMBOLDT COUNTY. 1613 Maternity and lying-in hospitals, duties of conductors, Act 1523. Maternity and lving-in hospitals, health officer's duties and pow- ers, Act 1523. Maternity and lying-in hospitals, etc., licensing and inspecting, Act 1523. State hospital for miners, Act 2224. Supervisors, powers and duties of, pp. 122, 123, subds. 5. 8. Support of a county charge, p. 221, § 228, subd. 7. HOTELS, hotel or lodging-house keepers not to turn gas off at me- ters, Act 1343. Number of cubic feet for each person, Act 1966. Refusal of admission to because of race or coiir. Act 605. HOURS OF LABOR, drug clerks, Act 2665. Infants, of, regulation of, Acts 1619, 1620. Limiting, Act 1533. Limit of on public -works, Act 1534. Members of police department in cities and counties, Acts 2728, 2729. Members of police department in cities of first class, Acts 2728, 2729. Members of police in cities of first and one-half class, Act 2729. Members of police in cities of second class, Act 2729. Penalties for violating statute relating to and enforcement of, Acts 1535, 1536. Public works or service, limit of, on, Acts 1535, 1536. Stipulation in public contract as to, Acts 1535, 1536. HOUSE OF CORRECTION, commitments to, Act 1540. In cities of first class, p. 671, § 32. San Francisco, of: See San Francisco. HOUSE OF ILL-FAME: See House of Prostitution. HOUSES OF PROSTITUTION: See Prostitution. Suppression of, Act 1545. Suppression of Chinese, Act 593. HUMBOLDT BAY, certain tide lands granted to United States to im- prove harbor, Acts 1551, 1552. Governor and attorney-general authorized to purchase certain lands in for state. Act 1553. Obstructions of, channels of. prevention of, Act 1550. HUMBOLDT COUNTY, animals of another, wounding in, punishment of, Act 1593. Assessor of, compensation of, Act 1571. Bounties for destruction of wild animals in, Act 1S9. Clerk of, compensation of, Act 1558. Dependent and indigent sick of, relief and maintenance of, Act 1560. District attorney of, salary of, Act 1559. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Growing timber on private grounds, destruction of prevented, Act 1577. Humboldt County and counties of Del Norte and Siskiyou boun- dary line between, Acts 822, 909. Humboldt, Mendocino, Trinity and Klamath counties, boundaries between, Act S13. Hunting on private inclosed grounds in, prevention of, Acts 1577, 1593. 1620 HUMBOLDT COUNTY- INDUSTRY. lnclosures. passing thr"u?h and leaving them open, Act 1593 Judge, additional, for. I Jurors in courts of justice of the peace. Act 1 Justices of the peace, jurors In courts of. Act lf-62. Lngs, scaling of in. Act 1563. Notaries In, Act Notaries, additional, for, Act 25W. Officers in, compensation of, Act 1565. • In. Acts L '. ition for services as jailor. Act 156*. Streams and slouglis In, certain declared navigable, Act 1372 Supervisors, number of. Act 1 Thistle, propagation prevented In, Act 4104. Towns and villages on public land, disi^isal of lots in. An Treasurer of, compensation of, Act 1571. Trespassing of animals in, Act 107L MINTING, inc'.osed land, on, prevention of,- Acts 1141. 1593. HUSBAND AND WWB, rights of defined. Act 1582. ILL-FAME: See House of Prostitution; Prostitution. IMMIGRATION. Chinese, prevention of, Acts 588, 589, 590. Duties of masters of vessels in relation to passengers arriving, Act Pine act imposing on immigrants unable to become citizens, Act 1588. Special tax by counties, to encourage, authorized, Act MM. IMPRISONMENT, separation of children from adults. Act 1769. IMPROVED ORDER OF RED MEN: Set Red M. n. IMPROVEMENTS, public buildings: See Public Works. Public lauds, on removal of, Act 1870. LNCLOSi, RES, Dl 1"'J Fences, tearing down to make passages, through lnclosures, prevention of, Act 4144. Leaving open of lnclosures, prevention of. Acts 1140, 1141, VSjS, 4141. INDEBTEDNESS: See Public Debt. INDEPENDENT ORDER GOOD TEMPLARS: See Good Templars. INDEPENDENT ORDER OF ODD FELLOWS: See Odd Feilnws. INDEX, statutes, compiling, printing and distribution of Index to. Act 515. Statutes of California, superintendent of state printing author- ized to prepare and print, Act 1598. INDIANS, claims against, state of soldiers serving in Indian wars, 'Act 1 Firearms and ammunition, sales of to, forbidden. Act 1C01. Government and protection of. Act 1603. Lands within Indiau reservations granted to United States, Act 1605. Officers of Indian department, aiding In performance qf their duties, Act 160G. INDIGENT SICK: Bet Pampers. INDUSTRIAL HOME OK MECHANICAL TRADES FOR ADULT BLIND: See Adult Blind. INDUSTRIAL SCHOOL, in cities of first class, p. 673. § 33. Of San Francisco, Act 3237. INDUSTRY: See Preston School of Industry. INFANCY— INNS. iKft INFANCY: See Guardian and Ward; Orphan Asylums. Abandoned children, care of, Acl Abandonment of children, punishment of, Act 1622. Adoption of children, Act 26. Apprentices: See Apprentices. Begging, infant under sixteen not to be used for, Act 1616. Binding minors as clerks or servants, Art 213. Boards to investigate organizations receiving dependent or de- linquent children. Act 1769. Care and custody of, Act 1621. Cruelty to children, incorporation of societies for prevention of. Act 1618. Dependent and delinquent children, control, protection- and treat- ment of, Act 1769. Employment of infants, regulation of, Acts 1611, 1619, 1620. Feeble-minded children: See Feeble-Minded Children. Female under seventeen not to be exhibited in public place, Act 1615. Hours of labor of minors, regulation of. Acts 1611, 1619, 1620. Illiterate minors, employment of, prohibition of. Act 1611. Immoral purposes, children not to be apprenticed or sold for, Act 1617 Intoxicants, giving or delivering of tn, prevention of, Act 1614. Intoxicants, not to be given or delivered to, Act 16S9. Intoxicants, sale of to infants, prevention of, Acts 1G12, 1613, 1614, 1688, 1689. Juvenile court: See Juvenile Court. Juvenile offenders: See Whittier State School. Legitimacy: See Legitimacy. Orphan asylums: See Orphan Asylums. Orphan children, care of, Act 1622. Probationary treatment of delinquent children. Act 1769. Regulation of medical practice to prevent blindii^ss in infants, Act 2160. Saloon, infants prevented from entering, Act 1689. Saloons, infants under sixteen prevented from entering, Act 1616. Society for prevention of cruelty to children, incorporation of, Act 1618. INFECTION: See Public Health. INHERITANCE, aliens, right of inheritance of, Act 124 Aliens, time within 'which estate to be claimed, Act 124. Collateral, tax on, Act 4040. Law governing, Act 927. INHERITANCE TAX: See Taxation. Collateral inheritances, tax on. Act 4040. INJUNCTION, removal from office for want of qualifying, enjoined when, Act 2552. Restraining orders, use of in disputes between master and servant limited, Act 692. Use of in disputes between master and servant limited, Act 692. INNS, hotel or lodging-house keepers not to turn gas off at meters. Act 1343. Number of cubic feet for each person, Act 1966. Refusal of admission to because of race or color, punishment of, Act 605. 1*22 INQITPTS— INSANE TERSONS. TNQUEPTS, coroners* inquests In state pt t- of, Act M58 INSANE ASVI.l \|>, n.'fntnmodations for patients, further pro- vlsion for, A't Ac? asylum for chronic Insane at, Act l 1 Agn on of water towers and tanks on grounds of, Act 1628. Care of and apprehension of persons believed Insane, Act 1643. Chroi lum for at Agnews, Act 1627. Discharge of patients In asylums, Act 1642. Insane Asylum, Act 1634. Management of, regulation of, Act I Mendocino state Insane asylum, establishment of at Ukiah, Act : Mendocino state asylum, name changed I no asylum, Act 1630. Napa state asylum, management of, Act 1621, Napa »tate asylum, sale of Intoxicating liquor within certain distance of. pn hlblted, Napa state asylum, water supply of. Act 1632. 'ling of asylums, prevention of, Act I Sheriff, compensation and a'lowances of, for conveying patients, P- Southern California Railway Company granted right of waj lum grounds in San Bernaidim County, I Southern California state asylui □ and management of. Act 1634. Southern California state asylum managers authorized to sell atrip of land, Act 1636. Southern California state asylum, trustees authorized to con- \< y certain water rights, Aet 1621. State lunacy commission, establishment, powers and duties. Act kton, directors authorized to construct canal along North Street to San Joaquin River, Act Stockton insane asylum, water, light and fuel for. Act 1C35. Superintendent to attend of superintendents of asy- lums. Act 1641. Supi ■■■ n asylums Sui in asylum who are able to support them selves. Act 1642. Transfer of unexpended appropriations of. Act K>i3. Uniform government and Dt of, Act 1643. INSANE PERSONS: See Insane Asylums. Care, cu I apprehension of persons believed to be insane, Act l'.43. CommniiK nt of insane persnns to asylum, Act 1643. Compensation and allowances of sheriff for conveying, i e-minded children: See Feeble-Minded Children. Homestead, alienation of In case of insanity of either spouse, Act 1427. Physician to inquire into sanity of convict, crsts a stal. rharge, Act 2070. Prisoners, insane, erection of buildings : L'769, 2770. Restoration to capacity, effect of order of judge or vi jury, Act 1644, Restniat uii to cap tv of persons without guardians and not confined, Act 1644. INSANE PERSONS— INSURANCE COMPANIES. 1623 Sheriff, rompensation of for carrying patients to asylum, Act 3C27. INSECTICIDE, Paris green, fraud in sale of, prevention of, Act 2614. Paris green, regulation of sale of, Act 2614. INSECTS, spreading of pests, prevention of, Acts 1516, 1649. INSOLVENCY: See Bankruptcy and Insolvency. Insolvency law, Act 1654. INSPECTOR, fruits, inspector to enforce law requiring labels on, Acts 2101, 2102. Sheep: See Sheep. INSTITUTES, farmer?, holding by regents of University of Cali- fornia, Act 4253. Mechanics: See Mechanics' Institute. INSURANCE, accident insurapce corporations, formation, regula- tion, powers and duties of, Act 1664. Annuity insurance companies, formation, regulation, powers and duties of, Act 1664. Capital stuck, increase of by insurance companies, Act 1660. Conditions for doing insurance business, Act 1661. County Are insurance companies, organization and manage- ment of, Act 1667. Endowment insurance companies, formation, regulation, powers and duties of. Act 1664. Equitable life insurance company authorized to invest in Cali- fornia, Act 1670. Fire insurance companies, act relating to, Act 1606. Fire insurance companies organization and management of, Act 1667. Fireman's relief, health, and insurance fund, creation of, Act 1175. Firemen's relief fund, payment by foreign companies to, Acts 1177, 1668. Fire patrol, establishment of by underwriters, Act 1188. Harbor Commissioners of San Francisco authorized to insure, Act 1431. Health insurance corporations, formation, regulation, powers and duties of, Act 1664. Life insurance corporations, formation, regulations, powers and duties of, Act 1664. Life insurance policies, forfeiture of, Act 1663. Life insurance policies, official valuation of, Act 1662. Mutual insurance companies, formation of, Acts 1659, 1665. Marine insurance corporations, act relating to, Act 1666. Mutual life insurance company of New York authorized to in- vest in California, Act 1670 Police relief, health, life insurance and pension fund, creation of, Act 2735. State, non-insuiance of property belonging, to, Act 1669. INSURANCE COMMISSIONER, appropriation for deficiency in fund of, Act 1671. Extension of time to insurance companies to file annual state- ment for 1905, Act 1672. INSURANCE COMPANIES, extension of time to file annual state- ment for 19uC, Act 1672. ie:n INTEIUCjsT INVENTORY. INTEREST, chattel mortgagee, corp ng money on, Ch;i- illy lor churgin. Chatt . s, limit of rate of Corporations 01 to loan money, i v Pur forfeiture '.>r non- Rate of. nf. Aft 1 •i where foreclosed for non-pay- \ • Reclamat unty, warrants and assess- ' •• bonds hold In trust funds, pay- st on trus- •ip land d O unty, warrants to bear 1ST 1 • rs. appointment and •t of In cities of 100,000, Act [NTBBTAOT, law governing descents and distriliution. Act INTOXICATING or disposal of pro- : ' Mle of Intnxieatlng liquors on prohibited. Acts Go ^rs. ation of. Acts 1614, -f from entering sal f to, prevention of. Acts Mil, 16U, I'M. 1688, 1. 1 to vote on question of granting, eation of, Insane Asylum I at, profa Sale ot- In state 536. use of prohibited. Act ting, Act I Sol . ■ prohibited, California, sold within two mi'. Act ud In ma- \t II INVENTOl otory and retard of INYO COUNTY— IRRIGATION. IBS INYO COUNTY, animals, prevention of trespasses by, Act 1704. Assessor of, compensation of, Act 1702. District attorney, fees of in, Act 945. Expenses of, payment of. Act 1703. Government of. Act 1703. Growing crops in, protection of. Act 1704. Inyo and Mono counties, boundary line between, Act 812. Notaries, additional in, Act IT Officers of, salaries of, Act 17' 6. Roads in, improvement of, Act 1707. School moneys in, distribution of, Act 1708. Sheriffs of, traveling fees of, Act 1710. Teachers in, employment of, Act 17 0. Treasurer of, salary of. Act 1711. [ONE, to Jackson or Sutter Creek, railroad from, Act 2922. IRRIGATION, act of 1871-2, to promote, Act 1716. Contracts between owners of water and consumers of water for irrigation, validity, Act 1730. Districts, abandonment of operations by, Act 1721. Districts, acquisition and construction of works. Act 1726. Districts, acquisition and distribution of water, Acts 1717, 1726. Districts, bonded indebtedness, reduction of, Act 1722. Districts, bonds, examination, approval and confirmation cf proceedings for issue and sale of, Act 1720. Districts, bonds, funding, payment of, Act 1727. Districts, bonds, funding, a lien, p. 549, § 18. Districts, bonds, funding, issuance of, Act 1727. Districts, bonds, funding, payment of, Act 1727. Districts, bonds, funding, proceedings to test validitv Act 2727. Districts, bonds, funding, unused, cancellation of, p. 543, § 17. Districts, boundaries, change of, Act 1718. Districts, destruction of trnds remaining unsold, Act 1723. Districts, dissolution of, Act 1731. Districts, disorganization of. Act 1721. Districts, examination, approval and confirmation of proceed- ings, Act 1720. Districts, exclusion of lands from, Act 1718. Districts, government of, Act 1717. Districts, inclusion of other lands in, Act 1719. Districts, lease of water by, Act 1729. Districts, organization of, Acts 1717, 1720, 1726. Districts, redemption of property sold to for delinquent assess- ments, Act 1728. Districts, funding bonds, sale of, Act 1727. Modesto irrigation district, creation of, Act 1724. Particular county in: See Particular Title. Providing system of, Act 3811. Rates of water furnished for irrigation, Act 1730, § 2. West Side irrigation district, creation of, Acts 1725, 4388. Irrigation districts Under act of 1897. Act 1726. Assessments, actions to determine validity, pp. 530, 531, §§ 68-71. Assessments, equalization of, p. 518, § 38. Assessments for completion of works, p. 516, § 34.. Assessments, rate of, how ascertained, p. 528, § 60. Assessments, special, p. 528, §§ 59, 60. Assessor, duties of, pp. 517, 518, §§ 35-37. Bonds, actions to determine validity, pp. 530, 531, §§ 68-71. Bonds, destruction of unsold, p. 543, 5 1' 0. Bonded indebtedness, reduction of, pp. 541, 542, §§ 98-99Vi- IRR] P 524, i 52. 5 57. n-i8. uot to be Inter | 58. ■i and ofll. '. 509. §8 13, 20. 5 26. 5 5. g art, p. ■ I uiirold bonds, pp. 513. 541. J§ l r <> 5 BB. p. 511, i 99. 5 5 74-84, ■ ( >fl'i '-'7. 5 19. " ■ | IB, M Of, p. is of oflV ! 19. Officers, vacancies, filling of and term of appointee, p. 312. Orgar § 66. 41. • . I>. 520, $ *2- iy sold for, pp. . is a 10, il .'.'41. '. 5 5 62-65. D, p. 529. { 65. '. navigation or 5 64. j ur , Marbor Cop ITALIAN ^. appointment of In cities of 10 Act ICSO. lien of owner of, whore u-*>d for propagation of unless I from . Sutter Creik or Jackson, railroad from JAILS: See Prisons. JATLS-JURISDICTION. ai2T Consolidated cities and counties of over 100,000 authorized to make alterations in, Act 3284. County jail: See Particular County. Matron, creation of office of in certain cities, Act 2775. Matron of in certain counties, appointment, term of office, du- ties, compensation, etc., p. 315, § 214%. Matron, compensation of, Act 2775, § 3. Matron, duties and powers' of, Act 2775. Matron, not to be hindered in discharge of duty, Act 2775, § 4. Matron, searching of female prisoners, Act 2775, § 4. Prisoners, allowance to sheriff for boarding, pp. 317, 318. Separation of children from adults, Act 1769. Supervisors, powers and duties of, p. 123, subd. 8. Support of prisoners a county charge, p. 321, § 228, subd. 3. JAPANESE, Chinese or Japanese women, importation of for im- moral purposes, prevented, Act 2797. Kidnaping and importation of females for immoral purposes. Act 592. JEWISH ORDER OP KESHER SHEL BARSEL, corporate powers conferred on, Act 1736. JOHNSON'S CREEK, navigability of, Act 4360. JOINT OWNERSHIP, water supply, joint ownership by cities, Act 2362. JOINT TENANT, suits, may bring or defend, Act 788. JUDGES, mayor not required to act as justice or judge in cities over 10,000, Act 2145. Not to order production of original papers, p. 707, § 125. Of United States court, assault upon, punishment of, Art 693. Of United States court, conspiracy to commit any crime against, punishment of, Act 693. Particular county: See Particular Title. Superior court: See Superior Court. Supreme: See Supreme Court. Supreme court commission: See Supreme Court Commission. JUDGES OF THE PLAINS, act relating to, Act 1741. JUDICIAL NOTICE, municipal corporation, of existence of, p. 639, § 3. Cities of fifth class, of organization and existence of, p. 875, § 765. Ordinances of cities of fifth class, of, p. 875, § 765. JUDGMENTS, act to better enable collection of judgments in favor of state, Act 265. Attorney-general authorized to bid in property, Act 265. Payment of judgments against counties, cities, aed cities and counties, Act 1746. Payment of judgments against cities and counties of certain sizes, Act 1747. JURISDICTION, fees of jurors, serving since 1895, and not paid, payment of, Act 1124. Justices' courts: See Justices' Courts. Justices of the peace in cities and towns, of, Act 1757. Lands near Lime Point, over, ceded to United States, Act 4215. Lands ceded to federal government, jurisdiction of state over, Act 1956. Over lands acquired for military purposes ceded to the United States, Act 3829. 1G28 1 2R.S- Over lands given I Ovit certain 1 ' I I Statejp, Act 37S4. ■3 courts: •■ Courts. JUROKS, fees of generally, p. 414; Acts 1119. 11 - of jurors and witnesses a county charge, p. 319, § 22S, subd. 4. r fifth elaa 5 162. subd i«. I "i Fees, counties of nineteenth class, Act 837, f 176, subd. 17. I Fees, counties of thirty-third class. Act K ot thirty-fourth class, p. 27:'. suhd. lv forty-ninth class, p. 308, subd. 16. * of. in San 1*1 Particular coi: articular 1 i have served as such, An JUSTICE, JOHN P., application of to purchase state land vali- dated. Act JUSTICES, of supi Court, Of United States court, assault upon, punishment of, Act Of United States court, conspiracy to commit any crime a punishment of, Act K»3. JUSTICES OP Till: PEACE, city court, business of, trans: Cltv court, to finish business of. AM 21 IT.. Bond of. p. 146. § 66. Cities nf first class, salaries of, p. 6T>3. subd. 17. I fourth cl of in criminal action not a county * 1125. Clerk of, salaries of In various con inties. Coroner, to perforin duties at when, p. U if counties int< . p. 114, 1 of In criminal proceedings a county charge, p. 219, i subd. 6. I of generally, p. 413. Jurisdiction of in cities and towns. Act Mayor not required to act as Justice or Judge In Cities Number of, p. 144, Particular county in: S<-e Particular Til - of fees of Justices and constables, p. 31S, 5 224. Salaries and fees of I Counties. JUSTICES' COURT: See Justices of I In COUntti B of varlo 'ties. Particular county, in: See Particular Title. JUTE GOODS, fund for purchase of to be manufactured at state prison, Act 1763. Price and conditions of sale of. Act 1764. JUVENILE COURT, boards to Investigate organizations receiv- ing children, Act 1769. Creation, powers and duties of. Acl 17W. Probationary tr '" Juvenile i n whei evidence, JUVENILE OFFEJN Pi School of Industry; Wbittler State School. KAWEAH RIVER— LABOR. 1629 KAWEAH RIVER, board of commissioners for, Act 1774. KEEPER OF THE ARCHIVES, appointment, duties and salary of, Act 1779. KERN COUNTY, assessor, salary and bond of, Act 1784. Auditor, sa'.ary of, Act 1786. Auditor and recorder, separation of offices of, Act 1786. Bonds to pay indebtedness, issuance of, Act 1785. Funds of, transfer of, Act 1787. Judge, additional for. Act 1790. Recorder, salary of, Act 1786. Recorder and auditor, separation of offices of. Act 1786. San Luis Obispo and Kern counties, locating boundary line between, Act 818. Sheriff of, fees of, Acts 1788, 1789. Squirrels, destruction of. Act 187. Swamp and overflowed lands in, determining rights in certain, Act 4023. Tax collector, bonds of. A"t 1791. Treasurer of, salary of, Act 1792. Water ditches and water privileges in, Act 1793. KESHER SHEL BARSEL, Jewish order of, corporate powers con- ferred on, Act 1736. KEYES CREEK, declared navigable, Acts 1798, 3097. KINGSBURY SCHOOL DISTRICT. Kings River Switch school dis- trict, portion of attacned to, Fresno County, Act 3548. KINGS COUNTY, boundaries of, Oct 1803. Classification of, Act 1803. County seat, Act 1803. Creation of, Act 1803. Officers, election of, Act 1803. Organization of, Act 1803. KINGS RIVER destruction of fish in prevented, Act 1328. KINGS RIVER CANYON, highway from General Grant Park to, Act 1450. KINGS RIVER SWITCH SCHOOL DISTRICT, portion of attached to Kingsbury school district, Fresno County, Act 3548. KLAMATH COUNTY, annexed to Humbo'.dt and Siskiyou, Act 1808. Fences in, Acts 1134, 1135. Humboldt, Mendocino, Trinity and Klamath counties, boun- daries between, ,Act 813. Thistle, propagation prevented in, Act 4104. KLAMATH RIVER, navigability of, Act 1813. KNIGHTS LANDING, hogs and goats prevented from running at large in, Act 1818. Marysville to, railroad from, Act 2919. LABELS, fruits, inspector to enforce law requiring on, Acts 2101, 2102. Fruits, marking or branding of boxes, barrels, etc., containing, Acts 2101, 2102. Marks and brands, act relating to, Act, 2099. Stamping and labeling produce and manufactured goods, fraud in, Act 2100. LABOR: See Master and Servant. Bureau of labor statistics, Act 1828. polio* department in Hop- of police department In cities Of ! r of police In cities of first and one half class. Act . Hours of lab r of police In cities of second class, Act LABOR Rl'HRAD, commissioner of statistics, county officers to furnish Inforn Con tlstlcs, statistics of deaths, divorces and m of, Act : works, liens of, of wanes of laborers- on public works a I bines), lien :-d. common council authorized ■■ . sale of lands unrn\ LAK; • LAK] Dt against. Issuance of au- thor •'.ties for inlmala In, Act 189. i f officers In, Is In, transfer and |i it large In, Act do between, Ac OftVer" of, fe< = nnd U it larse In. Acts 1S43. 1844. rrcls In, special tin for purpose of exterminating, Act LAK1 r inn of Ash and game In prevented. Act CPORT, hogs prevented from running at large In, Act 1 LAK United rnvrrnmen* vernment. Act I .tin lakes to federal gov. rnmetit for. Land uni recession, cession of to federal govorn- ■ lnke. cession of to t'ntted States klo l.nkes to federal government for. Sale •— sion of. Act 4031. LAKE? LEGAL TENDER. le31 Tale or Rhett lake, cession to United States government, Act 1858. Sale of lands uncovered by recession or drainage of lake* Acts 2857. 4081. ' LAKE TAHOE: See Lake Bipler. Construction of permanent bridge work on Lake Taboe waeon road, Act 1859. State authorized to secure right of way of wagon road between Smiths Flat and, Act 1S61. Wagon road commissioner, creation of office of, Act 1SG0. LANDLORD AND TENANT: See Leases. Forcible entry and unlawful detainer, act concerning Act 1208. Regulating rights of. Act 1866. LANDS: See Public Lands. LARCENY, crime of more fully defined, Act 1871. Grand, stealing of amalgam, gold dust, or quicksi'ver is Act 1872. LASSEN COUNTY, animals of another, wounding in, punishment of, Act 1593. District attorney, salary of, Act 1877. Fees of justices in, Act 1878. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of. Act 1593. Hunting on inclosed lands in, prevent, n of, Act 1593. Northern boundary of, survey of. Art 816. Passing through inclosures and leaving them open, Act 1593. Plumas and Lassen counties, boundaries between, Act Roads in, Act 1S80. School mon'eys in, distribution of, Act 3342. Shasta and Lassen counties, boundary line between changed and located, Act 821. Susanville, hogs running at large in, prevention of, Act 1065. Treasurer of, bond of, Act 1S79. LAW LIBRARIES, cities of first c'.ass, fee for, p. 708, § 127. Establishment of, Act 1885. San Francisco Law Library, creation of, Act 3292. San Jose, law library in, Act 33S1. Supreme court: See Supreme Court Library. LAWRENCE, F. C, right to supply water tc Modesto granted C. F. Leavenwnrth and assigns, Act 2256. ' LAWS, abolition of laws prior to 1850, Act 3S82. I*EASES, leases and other contracts by officers, ratification of, Act 2546.' Lease of property of veteran? by county, city and county, or town authorized, Act 42S7. Railroad corporations, of, Act 2917. Ratification of lease of China Basin in San Francisco, Act 1890. Ratification of leases made by officers for terminal facilities, Act 1890. Ratification of lease of China Basin in San Francisco, Act 1890. Water, lease of by irrigation district, Act 1729. LEGACIES, tax on: See Taxation. LEGAL TENDER, legal tender notes are receivable in payment of taxes and debts, Act 1S95. MM LEr.I?L,,\TION. a mml»sion for promotion of uniformity of. I LKi. i C"v, rnraent of '. •nent, Jurisdiction of sUtr over I t tt. .1 on levee coin- mlsa Aser '. V t 1013. No. l. No. fin d ■ No. Organization and Yllt. i OUDtll 5. It i,kxim;i( >• I.I QBIi, t L1BRARI1 ''onrt ■ annual li ing, not is - Build Hut Ci' P. 711. 1 ■ term of api ■ I by or Ciii' « over p, 712, a LICENSES— LIVERY STABLE KEEPERS. L8B Cities of second class, license on common carriers, p. 788, § ?,""■ Cities of second class property and business that may be li- censed, p. 77S, § 821. Cities of second class, licenses in, p. 779, § 323. Cities of third class, collector, salary of, p. SOT, § 50fi. Cities of sixth class, marshal is ex-offieio license collector, p. 894, § 851. Collector, percentage on licenses collected, p. 315. Collector's salaries, payments of legalized, Act 1939. Collector's salaries, supervisors authorized to pay, Act 1939. Collectors of licenses in particular classes of counties: See Counties. Corporations, license tax upon, Act 757. Dentistry, license to practice: See Dentistry. District attorney to proceed against persons neglecting to pay ferry or bridge license. Act 1938. Ex-soldiers and sailors permitted to sell goods without. Act 3692. Horse'ess vehicles. licenses on, Aci 1942. Horseless vehicles, on, funds derived from how applied. Act 1942. Itinerant venders of Ames, license nr-on, Kci 1941. Itinerant vendors, definition of, Act 1941, § 3. Imposing of, p. 131, subd 25. Intoxicating liquor?-, to sell, voters permitted to vote, on ques- tion of granting, Act 1687. Maternity and lying-in hospital, licensing. Act 1523. Miners' licenses from foreigners. Act 1936. Miners, not to issue to aliens ineligible to become citizens, Act 1937. Particular county: See Particular Title. Sheep business, rower of supervisors to impose license on lim- ited. Act 1940. Surveyors, Act 39 r >0. Tax collector ex -officio license collector, p. 144, § 55. LIE?"? estray animals, for b e. ii ;, ;. 394, § 1. Estrays, person taking up and caring for, Act inco. Exemption of property of building and loan associations pending liquidation, Act 429. Laborers on threshing machines, liens of. Art 1949. Livestock kent, fed, or pastured, on, Act 1 Loggers and laborers in logging camps, of, Act 1951. Materi-lmen, mechanics or laborers on public works, of, Act 1950. Owners of bulls, stallions or jacks used for propagation, of Act 1948. Waees of laborers on threshing machines, of, Act 1949. LIFE INSURANCE: See Insurance. LIGHTHOUSES, conveyance or and cession to federal government of lands for. Act 1956. Governor authorized to convey to United States sites for a,h 2446. LIME POINT, jurisdiction over lands near, ceded to United States Act 4215. LIMITATIONS: See Statute of Limitations. LIQUORS: See Intoxicating Liquors. LITERARY CORPORATION, formation of, Act 319. LIVERMORE, incorporation of, Act 1961. LIVERY STABLE KEEPERS: See Stable Keepers. Gen. Laws— 103 :<^t LIVESTOCK IN ry of and how ■ To be vcterlnn- ?T24. LOI" turn Kaa off at moti-rs, Art Numhnr of . unit) '• LODI, Mot. n and, tn I .-a In millt, a: I rs author! Scal< for Act I LONG D.\: HIP, Yuba Count] .. n of agrlcultu: Act Yu' t ioii of tr LOS Is for wi'i- cr of. Ac i Coi. 10 Wilmington, Act 4093. Council, acts Public library, • LOS a: ■ Anil :. ! ;. Ar. ■ Xss. •"!) of lor < olk-cling : Bri93. Grand Jurors, fi LOS ANGELES ''<" XTV CTURBRS. . 163r, Growing timber on private grounds, destruction of prevented, Act 1577. Highways in, Acts 2000-2002. Highways in, repeal of laws, relating to. Act 2002 Hunting on inclosed lands in, prevention of. Acts ir,77, 1503. Inclosures, passing through and leaving open, Act 1593. Irrigation in, promotion of. Act 2003. Judges of superior court, increase of, Acts 2011, 2012, 2014. Justices of the peace, additional, for. Act 2001. Lexington, name of changed to El Monte. Act l n 20. Normal school, branch, establishment of in, Act 3554. Notary public, additional, for, Act 2005. Officers in, Act 200ing Into log* fub»t.iiM- 11 ible to Injure saws. n of factories nml workshops, pro- 1 In. Act 1100. i • < on a state r.' •. ' Juri to Ul .;<•! « u.idii and hlgh- ror*. MARI1 I . .!. Valley • 'l»ry line t VaJlry. '.way* In, mnintpnance and 106). ♦ - front of IttO. ' containing. MARKS AND QRANDS— MASTER AND SERVANT. 1637 Fruits, inspector to enforce law requiring labels on, Acts 2101, 2102. Sheep, reporting, p. 120S, § 10. MARRIAGE, regulation of. Act 2107. MARRIED WOMEN: Sop Hu-band and Wife. Earnings of, protection of. Act 8111. Fraudulent, conveyance or incumbrance by, prevention of, Act 2110. Placing of in bouses of prostitution, prevention of, Act 2790. Real estate, authorized to convey. Act 2109. Separate property of, protection cf. Act 2111. Sole traders, authorized to do business as, Act 2108. MARSHALL MONUMENT, guardian for, appointment and duties of, Act 211G. MARSH LANDS: See Swamp and Overflowed Lands. Cutting and carrying away timber from lands, Act 1101. MARSHALS, cities of fifth class, election and term of office, p. 8G7, § 752. Cities of fifth class, compensation of, p. SCS, § 755. Cities of fifth class, powers and duties of, p. 8S6, § 790. Cities of fifth class, bon^s of, p. 8C8, § .." 3. Cities of sixth class, election and term of office, p. 895, § 852. Cities of sixth class, compensation of, p. 896, § S55. Cities of sixth class, powers and duties of, p. 910, § SS0. Cities of sixth class, bond of, p. 895, § S53. Cities of sixth class, ex-officio tax and license collector, p. 894, § 851. City marshal: See Particular City. Fees of in criminal action not a county charge, Act 1125. Fees of generally, p. 111. Tax collector, performance of duties of, Act 4043, § 8. MARTINEZ, animals running at large in, Act 2122. Incorporation of, Act 2121. Lands opposite to covered by Carquinez Straits released to, Act 2123. MARYSVILLE, levees, construction and repair of, Act 2129. Levee, indebtedness of, funding of, Act 2130. Police court in, establishment of, Act 2131. Reincorporation of, Act 2128. Superintendent of public schools, salary of, Act 2132. To KDights Landing, railroad from, Act 2919. MARYSVILLE TOWNSHIP, protection of agriculture and preven- tion of tiespassing of animals, Act 4484. Yuba County, prevention of trespassing of animals, Act 4484. MASTER AND SERVANT, apprentices: See Apprentices. Arbitration: See Arbitration. Conspiracy, meaning of limited in disputes between, Act GS7. Corporations to pay employees monthly or weekly, Acts 772, 773. Employee entitled to one day in seven for rest, Acts 2137, 3952. Employment agents, duties and liabilities of, Act 1U3G. Hours of labor: See Hours of Labor. Injunctions, use of in dispute between limited, Act 692. Labor statistics, bureau of, Act 1828. Liens of laborers on threshing machines, Act 1949. Loggers and laborers in logging camp, liens of Act 1951. Lunch hour for laborers in mills and logging camps, Act 2139 Materialmen, mechanics or laborers on public works, liens of Act 1950. M\ »' :\E. ons of '.tmdltious of employment a misdemeanor, I'llO. ! ban rs on public works, scour- A ■ i Sol'! " public servlc- 8an' : vidlng for, ■ z machines, lions of, a<-- ■■■'...■ MS (Jf, . duties In reference to contracts, p. 5 110. I salary, p. of. p. salary of. p. 849. I SO luM L 7'.'!. 5 |J1. •it and salary of, p. cm. I term of offlf r>02. : I ^s of, D and term of office, p. 828. J Cities of four' ce or disability of M s. as member of city county council, p. Cities of fourth class, compensation, art without, p. sni § C08. 10,000. ' 1'itlnns to ! MKAIhiW I.AK latlon of. I liBASl RB8: Bee Weights and Measures. MANIC ARTS, assent of statt to art of congress applying i eeds of public land for col Formation of corporations for direct promotion of. Art I laterlalmen or laborers on public work* 1950. MECIIANH'S INSTITUTE, acknowledgments by, validated Act Formation of. Act 60S. Of San Francisco, authorized to mortgage, sell or convey r Act 2155. MBDICAL COXjLBGBS, of university of California, Act 4266. MKOICINI Uoar Iners, appropriation for restoration of lost r*c- Board of examiners, ■ n of register of. Act 3016. MEDICINE— MENDOCINO COUNTY. 1639 Certificates filed, county clerk to keep record of p.' 601, § 9. Certificate, fr^ud in issuing, punishment of, p. 605, § 14. Certificate, fraud in filing, punishment, p. C04, § 13. Certificates granted without examination, when, p. 598, § 5. Certificates, how obtained, p. 598, § 5. Certificate, issuance of, p. COO, § 6. Certificates issued under former acts not affected, p. 605, § 14. Certificate, practicing without, punishment, p. 604, § 12. Certificate, refusal of and proceedings on, p. 601, § 10. Certificate, registration of, p. 600, § 8. Certificate, revocation of, p. C01, § 10; p. C05, § 15. Certificate to pra^t'ce necessary, p. 598, § 5. Definition of practitioners, p. (05, § 15. Dental law does not affect physicians, p. 339, § 24. Dentistry: See Dentistry. Examinations, p. 598, § 5. Examination, certificates granted without when, p. 598. § 5. Examinations in another part of state, conduct of, p. 597, § 3. Examinations, where held, p. 597, § 3. Fee, p. 538, § 5. Medical department of university, Act 4256. Medical examiners, alterations to fill vacancies, p. 596, § L Medical examiners, board, how construed, p. 59ii, § i. Medical examiners, counsel, employment of, p. 604, § 11. Medical examiners, election of, p. 59G, § 1. Medical examiners, elected by what societies, p. 596, § 1. Medical examiners, expenses and allowances, p. 604, § 11. Medical examiners, false acting as, punishment, p. 665, § 14. Medical examiners, meeting, p. 597, § 3. Medical examiners, number of, p. 596, § 1. Medical examiners, oaths, p. 597, § 2. Medical examiners, oaths, may administer, p. 598, § 4. Medical examiners, organization, p. 597, § 3. Medical examiners, rules, p. 598, § 4. Medical examiners, seal, p. 597, § 3. Medical examiners, secretary and clerks, appointment and sal- aries, p. 604, § 11. Medical examiners, term of office, p. 596, § 1. Medical examiners, votes necessary to adoption of rule or measure, p. 596, § 1. Practice of, regulation of, Act 2161. Practitioners, who deemed to be, p. 605, § 16. Record of proceedings, p. (00, § 7. Regulation of medical practice to prevent blindness in infants, Act 2160. Surrender of dead bodies for dissection, Act 937. Unprofessional conduct, what constitutes, p. 601, § 10. M13LONE, DRURY, authorized to sue state, Act 3790. MENDOCINO COUNTY. Big River Township, free bridges in, Act 2167. Bounties for destruction of wild animals in, Act 189. Bridges in, purchase ai.d erection of, Act 21C8. County clerk of, salary of. Act 2170. Federal act for relief of citizens of towns on public lands, Act 2169. Fees of officers of, Act 2171. Growing timber on private grounds, destruction of prevented, Act 1577. Humboldt, Mendocino, Trinity and Klamath counties, bound- aries between Act 813. Hunting on private inclosed grounds in, prevention of. Act 1577. 1640 WDOCTNO COUNTY— MINERAL CABINET. Officers' of. Aft 2171. Rao . of, A<*t 2171. building and Improvement of. Art 2tr,S. ting the hording of. Stallions , from rum 1003. SnpcrvH. r ■ ZtTt. IIKND \TK INSANi: ASYU M S." Insane. MBNLO PARK, incorporation ot. BO CITY, Are in, protection against, Acts 12S2, 2153. MBRCBD I ADiiniis. treapaMlns of in. anty clerk and n \ • ;ruf 100.000 Inhabitant*, Art MEXICAN GRANTS ion of papers relating to Spanish laud claims, Act m grants restored to publi main, rights of, Act MBXICAN WAS ma anthortaed to leas<» or ex- MILEAGB* for u issued ouUide of county. Ml 1.1 IDE MY, arms, furnl ■ S 1. MILITARY LAW . -ans' Home. Jurisdiction o\ • ■! for military pur; nred for militai . or naval pur; Oil. Title to tlda lands adjacent I id for military jm MILITIA : s. . NatlOl il Qtl MILK, a. lull' i ation of. pr Sale of milk froi MILLS. luiK-h hour for ka mills ai<.i ,. \ MILLVILLE SCHOOL DISTRICT, in Shasta Count, eenaoa oi MINERAL CABINE1 library, \ v.il of n let from state library to Crocker art gallery, Art J.otj. Trustees of, Act 2206. MINES AND MINING. JGO MINES AND MINING, abandoned shafts, covering or fencing of, Act 2221. Affidavit, effect of, Act 2216. Annual work, co-owner, failure to contribute to, proceedings, p. G23, § 1. Annual work, filing affidavit of, p. 623, § 1. Annual work, relocation for failure to file affidavit, p. 623, § 1. Annual work, what considered as, p. 623, § 1. Claims, effect given to record of notices of location and affi- davits, Act 2216. Claims, location, amending defective, Act 2216. Claims, manner o f locating, Act 2216, Claims, recording notices of location, Act 2216. Coal mines, boilers, duties regarding, p. 615, § 10: Coal mines, maps or plans of, preparing, p. 613, § 1. Coal mines, maps, or plans of, copies, p. 613, § 2. Coal mines, inside overseers, duties of, pp. 614, 615, §§ 5, 6. Coal mines, liability of owners for disobedience of statute, p. 615, § 8. Coal mines, overseer, negligence of, liability, p. 615, § 9. Coal mines, "owner" includes lessee, p. 615, § 7. Coal mines, shafts and outlets, p. 613, § 3. Coal mines, statute does not apply to opening new mines, p. 615, § 11. Coal mines, ventilation, p. 614, §§ 4, 5. Conveyance of mining claims, Act 2220. Corporations, mining. Sec Mining Corporations. Growing crops, protection of owners of from injuries by miners, Act 2217. Debris, appropriation, claims in excess of invalid, p. 621, § 4. Debris, appropriation for construction ol impounding dams, p. 621, § 4. Debris, construction of works far restraining and impounding, Act 2214. Debris, title of land for dams, in whose name taken, Act 221 5. Debris commissioners, appointment, duties and compensation, Act 898. Debris commissioner, appointment and term of office, Act 222 . § 1; p. 622, § 5. Debris commissioner, compensation and expenses, p. 620,. § 2. Debris commissioner, duties of, p. 620, § 3. Debris commissioner, expenditures, approval and payment of, p. 622, §§ 4, 7. Debris commissioner, inspection of construction of work, p. 620, § 3. Debris commissioner, plans and specifications, examination and approval of, p 620, § 3. Debris commissioner, warrants for work done or sites pur- chased, p. 620, § 3. Deposit, places of, how obtained by miners, Act 2228. District records, depositing with county recorders, Act 2216, Escape, duty to provide miners with second means of, Act ui'22. Licenses from foreigners, Act l'J'M. License not to issue to aliens ineligible to become citizens, Act 1937. Locating of mining claims, manner of, Act 2216. Location, affidavits, effect of, Act 2216. Locations, defective, amending Act 2216. Location, effect given to notices of, Act 2216. Location, recording notices of, Act 2216. Mineral land belonging to state and location of, Act 2227. Miner's inch of water, fixing and defining, Act 4355. 1MJ MINES AND MIN1N MEANO*. Mining bureau establishment and m I en. Acts 2211- QuicksUver, pui . S 2. I ■ SK- ruing, p. t.is, 5 2. Signals, unlfo: . Signals and rule*, mlnei k; cannot recover, p, rul. ! amalgam, sold dust or quicksilver ifl grand larceny. Sum: i( mines or mining lul MINING BURBAU, establishment a MINING COR1 . Aurora, I .ies of, autbor- I -238. blng or conveying writer for ml rations fo: Formation of, Act t Formation ui corporations for dlrecl ol imuiiig, Act ition of corporation for mining LO mine outride of sta log in oth> -.11. ng of monthly aecou::;.-. Act - lease or 1. 22 10. Other sta; .nlng. Act 22"G. MINdRS: S< MISDEMEANOR, Animal- wltl infectious diseases, rying, a misdemeanor, Artesian well, permitting waste of water from, p. 40, §5 1. " Hank commissioner to report Kink, p. 47, S S. Bank officer refu uig to appear and testify before commis- p. iT, § 6. I3uti to mark weight of packages com.. Butter, renovated, violation ot ('battel mortgi 1673, g to III. I! .. i 5. Cutting of hair of ; 1 of, Act 2834. law, viola I 1 '• Dtal law, offenses again y Isw, violation of. Act l umatlon of bodjr without permit, Act 646, § 3. Exhumation and transportation of body without permit. Act 645, i i. MISDEMEANOR— MODOC COUNTY. IMS Fire, starting in hay, grain, stubble or grass, Act 1169. Homing pigeon, injury to, Act 1497. Hours of labor for drug clerks, violating act governing, Act 2GC5. Interest, excessive, charging, Act 1673. Intoxicating liquor, sale of near Mendocino Insane Asylum, Act 1694 Intoxicating liquor, sale of near Soldiers' Home at YountviL'e, Act 1093. License tax, failure of corporations to pay, Act 757. Medical certificate, fraud in issuing, p. 605, § 14. Medical examiner, assuming to act as, p. 605, 14. Medicine, practicing without certificate, p. 604, § 12. Mi iiig shaft, abandoned, failure to cover or fence, Act 2221. Mining shaft,, abandoned, removing covering or fencing, Act 2221. Misrepresentations of conditions of employment a misdemeanor, Act 2140. Naming, improper, of trees, plants, seeds, etc., Act 1510. Nursing, violation of statute relating to, Act 2508a. Officer, failure to publish notice, p. 144, § 57. Ordinances, violation of in cities of fifth class, Act 2348, § 769. Paupers, bringing into state, p. 980, § 3. Ticket for foreign port, refusing to sell, Act 1031. Trading stamps, use of, Act 4123. Warehouses violation of law governing, Act 4319. MISREPRESENTATIONS, of conditions of employment, a misde- meanor, Act 2140. MISSING PERSONS, accounting by trustee, p. 627, § 4. Bond of trustee, p. 627, § 3. Duty of trustee, p. 627, § 4. Petition for appointment of trustee, who may file, p. 626, § 1. Preference in appointment, p. 626, § 2. Procedure on petition for appointment of trustee, p. 627, § B. Provisions for support of family, p. 626, § 2. Removal of trustee, p. 627, § 5. Trustee of, when appointed, p. 626, § 1. MISSIONS. Gift of mission at Sonoma to state, Act 2298. MISSION CREEK, San Francisco, declared navigable, Act 8253. MOBS, compensation of parties whose property destroyed by mobs or riots, Act 2251. MOCKING BIRDS, destruction of, prevention of, Act 1314. MODESTO, bridge across Tuolumne River at Modesto, Act 4196. Right to supply water to, granted C. F. Leavenworth and assigns, Act 2256. Hogs prevented from running at large in, Act 3612. MODESTO IRRIGATION DISTRICT, creation of, Act 1724. UODOC COUNTY, animals of another, wounding in, punishment of, Act 1593. Apportioning, school moneys in, Act 3539. Bonds issued to Siskiyou County, semi-annual payment of prin- cipal and interest, Act 2262. Creation of, Act 2261. Fees and salaries of officers of. Act 2264. Fences, lawful and partition in, Act U _ ' 3 . Fences, tearing down of, prevention of. Act 1593. Fiies, leaving of, punishment of, Act 1593. Hunting on inclosed private land, prevention of, Act 1593. Inclosures, passing through and leaving open. Act 1593. Officers of. fees and salaries of, Act 2264. • ■ MOK' ipport Of, Act 2271. •y of. Arm 2277 • Art 2284. II of, Art 22<»9. ■ ' iry Una between, Ar- ' <>n of. Art* 1(V3. B9I I Mk* h»»ln to Tlo • ita hlchwny. A't ■ . Act 2298. B, Act 183. i of, Act 231L ■ Act 2311. \ I . Act 2309. 1- of In. Act 1W. t larKo In. Act lf*3. -.ilary of, \ ' from to gpneral fu- Act 2330. ■ TruKl < •■■ ran Rlrer. rlRtat Cor. right of way to 6 MORI : lnl.. ; *•**■ MORO COJO SLOUGH— MUNICIPAL CORPORATIONS. 1645 MORO COJO SLOUCH, navigability of, Act 8325. MORTGAGES, chattel, corporations loaning money on, regulation of, Act 758. Chattel, excessive interest or charges, penalty, Act 1073. Chattel, limitation of charges that can be made, Act 1G73. Chattel, limit of rate of interest that can be charged, Acts 758, 673. Foreclosure, attorney's fees and other charges in, abolition of, Act 2380. Foreclosure suits, attorney's fees to be fixed by court, Act 121". Fraudulent conveyance or incumbrance of realty by married women, prevention of, Act 2110. MOTORCYCLES, franchises for roads for, Act 1464. MOTOR VEHICLES, regulation of operation of on public Highways, Act 2331. MT. DIABLO, destruction of deer on, prevented, Act 1313. MUD SPRING TOWNSHIP, trespassing of animals upon private property in, Act 937. MUNICIPAL CORPORATIONS, annexation of territory to, Act 2371, 237S; p. 643, § 7. Annexed territory, districting, government and control of, Act 2374. Assembly Hall, incurring indebtedness far authorized, Act 4372. Assembly halls, rules for conduct of, Act 2372, $ 9. Between 20,000 and 30,000 authorized to vote on paying debt of certain years, Act 2825. Bicycles, tricycles and similar vehicles, licensing of author- ized, Act 2345. Bonded indebtedness, declaring all due at once, Act 3S6. Bonded indebtedness, compromise of, by, Act 386. Bonds, consent to juigment in favor of holders of, Act 386. Bonds, election on issuing for expenses of year 18S3, Act 383. Bonds, remaining unsold, destruction of, Act 385. Bonds, submission to electors of proposal to issue, Act 372. Bonds of officers, premium in to be paid by, Act 2544. Boulevards, cities and cities, and counties authorized to acquire and maintain, Act 2S79. Boundaries of, p. 638, § 2. Boundaries of, change of, Acts 2373, 2374, 2375, 2377, 2379; p. «4!!. § 7. Bridges, cities authorized to maintain, Act 418. Bridge within city limits, expense of, Act 419, § 2. Bridge within city limits, power of county supervisors over. Act 419, § 1. Bridges: See Bridges. Cemetery purposes, cities of less than first class authorized to obtain lands f oi , Act 2381. Cemeteries, rules, and regulations for government of, Act 2381. Census, taking of by, Act 555. Charter, abandoning and organizing under general laws, Act 2359. Charters, elections upon, Act 1014. Charter, amendments to, election upon, Act 1014. Charters or amendments, conduct of elections upon, Act 367. Compensation of parties whose property destroyed by mobs or riots, Act 2251. Classification of, Act 2347. Classification, reorganization after, Act 2347, § 3. Consolidation of, p. 644, § 8. Consolidation of certain city offices, Act 4043. MINI'IPAL CORPORATIONS. Conveyances for charitable or educational purposes, ratifica- tion of, I Of t. rriiory. Act . orUed to Incur for wat< i etc., Act 2361. ' !y hnll. incurring of aull for improvements. Incurring of autli' 2371; p. 1061, i 1. for Improvements, limit on. Act 2T71. 5 4; p. 10C3, § 5. : to refund on question of than flr-l 2308. 'lation of. Acts I tlons, conJuct of wh'To held tlons, ion day. aupcrviaorB authorized to declare a holiday, A. t - lating to do not affect Impounding laws In, p, \ | i •B8, adjustment of c Gas, qua! ! price ol authoiired to receive, Acts ( Gift, authorised to ob :i plti.-s by, Ac ing and operating by : ou street railroads In ctl 100,000, Act rtlttOO and division, height of In cities. Act 1139. Kir. y of, Act I ■■r, changing In citl< - under charters, Act Franchises for paths and roads for bicycles and horseless ve- Fran. Dg of, Act.- ids b. yond i ity limits to public a ■ norized to Hours of labor: See Hours of I Improi .il tax for, Act o, authentication of, 10, 1} 3. 4. Jnco- ; of, filing with secretary of state, pp. Ii I 1. I 'atlon, complete, when, i>p. 680, 64fl, $5 3, 4. poration. effect JO a: ulcers, p. 640, { 4: p 5 C Ine.r | 2, 3. 4. Incorporation, officers, entry of on duty and election of, pp ?§ 3. 4. Incorporation of Incorporated city. u:iri>r municipal co tlon bill. p. I 5 5. Incorporation, procedure 01 5 2. on. right of. p. 686, 5 1. Improvements, additional bonds requiring of tn ■ on r. p J IL MUNICIPAL CORPORATIONS. 1*47 Improvement debt, incurring of authorized, Acts 2369, 2371; p. 10G1, § 1, Act 2900. Improvements, disposal of surplus funds. Act 2346. Improvements, incurring indebtedness for, procedure, pp. 1061, 1062, §§ 1, 2. Improvements, letting of contracts, p. 10G5, § 10. Improvements, limits of indebtedness, Act 2371, § 4; p. 1063, § 5. Improvements, plans, ind estimates of, p. 1063, § 4. Improvements, publication of intent to incur indebtedness for, p 1062, § 3. Improvements, rules governing and superintendence of, p. 1065, § 9. Improvements, special tax for, Act 4042. Indebtedness, incurring for public improvements, Act 2900. Indebtedness, incurring for waterworks and sewers, Act 2361. Italian interpreter, appointment of in cities of 100,000, Act 1680. Joint ownership of water supply by cities, Act. 2362. Judgments against cities, and cities and counties, payment of, Act 1746 Judgments against cities and counties of certain sizes, payment of, Act 1747. Judgments against cities and counties over 100,000, how paid. Act £00. Judicial notice of existence of, p. 639, § 3. Lease of property of veterans by county, city and county or town amhorized. Act 4287. Licencing of bicycles, tricycles, etc., authorized. Act 2345. Lighting of streets, lanes, etc., acts providing for, Act 2"33. Lighting of streets, lanes, etc., assessment of property bene- fited, Act 2233 Lighting streets and public buildings, letting of contracts for, Act 2340. Merged cities arid counties of 100.000 inhabitants, incorporation and government of, Act 2339. Officers of: See Particular Officer. Organization, incorporation and government of, Act 2348. Organization and incorporation, validating, Acts 2332, 2354 Payment of materialmen and laborers on public works, securing. Act 2895. Pesthouses within cities, establishment of prevented, Act 2646. Police: See Police Department. Police courts in: See Police Courts. Premium on official bond, payment of by, Act 379. Prisons, consolidated cities and counties over 100,000 authorized to alter, Act 32S4. Protection of growing timber on public grounds, Act 1402. Public buildings, cities over 100,000 authorized to condemn land for and erect, Act 23 act where no city 2361. niicp of adjacent to, - 1 4 1 ; may autaoritr - than fln>t ■ ■ <-ltt«e bx act of Acta 2154. Btt. Act 2M3. f » -k . so pro- jtbu and raarnrolr sltaw, authorized to a - /--d to obtain, Ael 2H0 I 19. ■ ! k | .1 tax therefr larle* out of f«aera. ■ I ••M. I U I St. •'rt. | W. - !''IPAL CORPORATIONS. ]*49 Officers of, names, numbers and terms of, p. 647, § 20 Offi i officers. Particular officers of: Sop Particular Title. Payment and registry of demands and investigation of non- paj mi lit. p i 9 . 5 96, '.'7. Payments not to be made unless authorized, p. C95. § 91. Perpi tual suc< es»ion, p. i IT, § 19. Printing, Iettii.g out on bids. p. 703, § 106. Property rights of, p. 647, 9 19. rgaoixing under municipal corporation bill, provision for dcbi ormer city, p. 770, § 286. Seal, p. 617, § 19. ' . St ■ ond < lass. Bonds, how paid, p. 782 City engineer, appointment and duties, p. 3 Debts in exc ss of funds, how incurred and paid, p. 781, } 329 . limit upon amount of, p. 781, § 328. Hebts, warrants not to be drawn if no lunds, p. 7M, 5 228. nids, allowance of. p. 791, § 371. Name of, p. 771, § 300. Officers of and time of election of, p. 771, § 301. Particular officers. See Particular Title. Population of, p. 771. Powers of generally, ,.. 771. § 300. Reports of officers, p. 794, § 379. Salaries of officers of, p. 77:j, § 307. Sales and leases of city property, p. 779, § 322. Seal, p. 771, § 360. c. Third Class. City printing, to be let out by contract, p. 879, § 536. tacts, officers not to be interested, p. £27, § 531. Debt in excess of available money, p. S13, § 527. Debt in exi lilacle money, hew incurred nnd payment of, p. 813, 5 52S. Demands, procedure in, p. 813, § 526. Eli '-'ions in, p. 807, § 507. Eligibility of officers, p. 808, § 59S. 500. Officers of, p. 805, § 501. Officers collecting moneys, sett'emc-nts, p. 827, § 590. Officers, duties and compensations prc-cribing and fixing, p. 821, ! Officers, supervisors appoint whet, p. 806, § 5C3. Offices, vacancies, filling of and term of appointee, p. 807, S Particular officers: Pee Particular Trie. Population of. | Powers generally, \>. 805, § 500. Public work not to be done by contract, p. 819, j 536. Seal of, p. 805, § 500. J. F>. 6W. f. dti ■ «^8, rty and win line up Affair* • 865. In lntaWlshnient of. A .140. NAVK ' .aera. NAVII NAVIGATION " ' Acts 435. 244H I sites for light- In ii. use of on steamers. Act 3SS8. •nan's Re- ■ r causing death by wrongful act or use of on steamers, Act 3888. NEGOTIABLE INSTRUMENTS, act relating to bills of exchange promissory notes. Ad NFl , - i Costa County, declared navigable Act NEVADA Cm 'rom Colfax to, Act 2918. NEVADA COUNTY, Colfax to Nevada - jad from. (- rM . and mlleai I ascs, Act .MG6. 1138. lawful, In. ' an poll tax, Act 1311. Growing timber on prlvat • destruct»>n of prevented, NEVADA Cr»I-NTY-XT-R--IXG. 165:5 Hunting on private inclosed grounds in, prevention of. Act 1577 Indexing of certain deeds, manner of. Act 2470. Nevada ichool district, powers and duties of board of educa- tion of, Act 2472. Officers of, salaries of, Act Records of validated, Act 2469. Roads in, location, construction and maintenance of, Act 2471. Sta. lions prevented from running at large in, Act 1063. Supervisors authorized to remove bodies of certain deceased persons, Act 2474. Supervisors, quarterly meetings of, Act 2473. NEW REPUBLIC, name changed to Santa Rita, Act 2479. NEW SAN PEDRO, name of changed to Wilmington, Act 2484. NONUSER, dissolution of reclamation and protection districts for Act 4026. Dissolution of reclamation districts for nonuser of corporate powers, Acts 2Sf'3. 2974. NORMAL SCHOOLS: See Schools. San Francisco, site and building for, Act 3535. * NORTH BEACH AND MISSION RAILROAD COMPANY, certain privileges granted to, Acts 24S9, 249(1, 3260, 3261. NORTH SAN FRANCISCO HOMESTEAD AND RAILROAD ASSO- CIATION, commissioners of swamp and overflowed lands authorized to convey lands to, Act 2495. NOTARIES, duties of, defined, Act 2502. Officers, certain, not eligible to appointment, p. 146, § 65. Particular counties, notaries in: See Particular Title. NOTICES, constable, authority of to serve, Act S37, § 153. Failure of officer to publish, a misdemeanor, p. 144, § 57. Includes what, p. 151, § S8. Publication of, fees to be paid in advance, p. 144, § 57. Sheriff, duties and liabilities regarding, pp. 151 'et seq., §§89 et seq. NOVATO CREEK, declared navigable, Act 2505. NUECES CREEK, declared navigable, Act 2506. NUISANCE, artesian well not capped, p. 40, § 1. Cities of first class, abatement in where owner non-residpnt nr cannot be found, p. 744, § 193. Cities of third class, nuisances in and remedies for d 814 § 530. Cities of fifth class, what are, in, p. S78, § 770. Cities of fifth class, abatement of, p. 878, § 770. Cities of sixth class, what are in, p. 902, § 868. Cities of sixth class, abatement of in, p. 903, § 868. District attorney to bring suits to abate, Act 012. Establishment of pest-houses within cities prevented, Act 2646. Public, district attorney to bring suits to abate, Act 2508. Public prevention of, Act 2507. NURSING, act governing occupation of, Act 2508a. Examination of nurse9, Act 2508a. Issuance of certificates of registration as registered nurses Act 2508a. Penalties for violating statute relating to, Act 2508a. Promotion of better education of practitioners of, Act 2508a. Qualifications of nurses l Act 2508a. 1«54 OAKLAND— OFFICES AND OFFICERS. OAKLAND, Alameda. Oaklnnd and Pledmnnt railway company, cer- priYltegM granted to. kM - 11. Assessor of township Of, compensation of. Act 2513. * snlary of. Act Boarl of education, powers of fixed and United, Act 2515. Bonds, common council authorized to Issue, Act 2617. : lal*. of to cancel other bonds. Act 2515. to pay floating debt. Act I Bridge across San Antonio estuary authorized, Act 2518. Char- Debt, float I ft~, Issuance of bonds to pay. Act 2516. 1 1. i>t, ln< Hiring o: : Act 2516. ■!ons In. time for hi Oas pipes In. laying of. Harbor, <• Act 2521. Incorporation of, I Ladles' relief society, common oiuncll authorized to pay police ■ I.ik. htenritt, destruction of fish and game In prevented, Act .1317. Oakland benevolent society, common council authorized to pay police court fines to, Act Ordinance abandoning certain streets ral Ord:. - to the pen .'"3. Receiving hospital, supervisors to establish in I lot 103. In to be paid to city treasury. Act 1*0. Bait marsh and tide lands grantel San Antonio estuary, bridge across auth<" Sewers, construction of main sewer authorised, Act Street*' in, opening of, Acta 2527. I Streets, rw -^cce abandoning certain ral Superintendent of schools, salary of. Act Wards, districting city Into, Act : Water pipes In. laying of. Act Water supply of, Act 2530. Water works, acquiring and maintaining. Act OAKLAND BBNHVOLKNT SOCIETY, common council authorized to pay police eiiurt fines to, Aet ""'II. OATHS - consolidation of offices, oaths of officers on. Act S37, 8 55. Oath of .nice no fee for administering or certifying, p. 319, i 227. Particular officers, r»>wer to administer : See Particular Title. OCULISTS: See Optometry. ODD FELLOWS, corporate powers, right to assume, to erect odd Fellows" halls, Act 2536. Trustees authorized to lease a lot In San Francisco, Act 2537. OFFICES AND OKF1CEIIS: See Federal Officers. Absence from state, p. 146, 8 64. Bonds of: See Bonds Candidates, certain act? prohibited, Act ".'.'■IT. Candidates, protection of, Act 2517. QttlSi '" public servi r 127, 2543. Claim nfialnst county, illegal allowance, duty of district attor- ney, p. 115. 8 8. Claims against county, liability of officer allowing without authority, p. 115. 8 7. . „ Claims against counties, officers charged with notice of extaut 111. 5 6. OFFICES AND OFFICERS. 1«55 Claims, officer not to present or advocate of another officer, p. 138, § 39. Consolidated, county offices, what may be consolidated, Act 837, § 55. Consolidation and abolition of certain city offices, Act 404S. Consolidation of certain officers, p. 143, § 55. Consolidation of cities, effect of on officers, p. 644, § 8. Consolidation of offices, oafh and bond on, p. 144, § 55. Consolidation, separation and reconsolidation of offices, p. 144, § 55. County officers enumerated, p. 143, § 55. County officers, time of election of, p. 145, § 58. County officers, when take office, p. 145, § 58. Debts against state in excess of appropriation, creation of prohibited, Act 2826. Deputies, number of and appointment of, p. 145, § 59. Deputies, oath of, p. 145, § 59. Deputies, officers when to pay, p. 316, § 215. Deputies, power given principal includes, p. 145, § 60. Educational offices, women eligible to, Act 2542. Eligibility to, p. 143, § 54. Failure of officer to perform duty where fees tendered, liability, p. 320, § 222. Fees of. Act 1119. Fees: See Fees. Fees, commissions and percentages, manner of paying in cities and cities and counties over 100,000, Act 1121. Fees of county, township and other officers. Act 1123. Fees, statement of to precede warrant for salary, p. 320, § 221 Fees, illegal, supervisors to remove officers collecting, p. 320. § 225. Fees, what and when to be paid to county treasury, p. 318, § 216. Gifts and bequests, authorized to receive, Act 1356. Hours of labor: See Hours of Labor. Inmate of institutions not to make articles for officers, Act 2551. Intoxication of officers, Act 2548. Leases and other contracts by officers, ratification of, Act 2546. Notices: See Notices. Oath of office, no fee for administering or certifying, p. 321, § 227. Oaths, what officers may administer, p. 145, § 63. Office hours, p. 145, § 61. Offices of county to be at county seat, p. 145, § 61. Office, term of, p. 145 § 58. - . Payment into state treasury of moneys received by state insti- tutions, commissions and officers, Act 1279. Preference to ex-union soldiers, sailors and marines, Acts 2893, 3695. Qualifying, removal for want of, unlawful when, Act 2552. Qualifying, removal for want of, enjoined when, Act 25o-. Ratification of leases made by officers for terminal facilities, Act 1890. Removal of, for violation of official duty, Act 2545. Reorganization of city, effect on officers and duties of, p. bw, § 4; p. 642, § 6. Retaining part of wages of laborers on public works a feiony, Act 2549. Retaining portion of salary of subordinate officers a felony, Act 2549. Salaries, Act 1119. - ■ . Sal;" 1 arc In full compensation for all ser- Sahi I on Incumbents, t>. 323, § 233. § 231. | r counties: See Particular Title. iter of finds io. p. 319, S 219. LB, I -19. ritj of supervisors, Act 837, | 66. r salaries Of, Art -T.49. Ity for. p. 321, i 226. ' Town . ' • s, p. 146, 5 f>8. 1 IS, § 58. Tn ;> - Sltb notice of condition of, iiv fill what. p. 129, subd. 19. illty of. p. 143. S 64. CITIES 01 PABTh VI \U < annual reports, what off ke, p. 664, S 29. • class. h< n of and copies from, t to 1 r reduced durl'iK I tn be audit' I 91. s to dutl< - to city attorney, First . latlve to contracts, p. 747, 5 204. one-twelftb act, pp. 702, 703, 5 5 102- slslng under Municipal Corporation bill i> 770 5 Fir • rises and allowances, p. 648, § 23. r to contract debt, p. 658, 5 M. number and terms of office, ; ' in contracts, p. 653, 8 27. ths. what officers may ". § 95. 5 20. :.■ It y for a : Is, p. JB7, 5 95. 5 98. mining bids iu advance, punls! I > 22. to treasury, p. 772, 5 303. ■ office, p. 77:;. an tics, p. 772, § 304. f. p. 794, 5 "79. list, p. 794. 5 3S0. il class, vai Third class, contracts, not to h' p. 827. I 591 Tnii ibtng and living. Third class, eligibility of officers, p. SOS, g 508. OFFICES AND OFFICERS— ORDINANCES. 1657 Third class, officers of, p. SC5, § 501. Third class, officers collecting moneys, settlements, p. 827, 8 590. Third class, supervisors appoint what, p. 806, § 503. Third class, vacancies, filling of and term of appointee, p. 807, § 505. Fourth class, compensation, additional not allowable, p. 831, § 610. Fourth class, officers of, duties and compensation of, p. 828, § 601. Fourth class, officers of enumerated, p. S28, § 601. Fourth class, qualification of officers, p. 830, § 605. Fourth class, vacancies in office and filling of, pp. 830, 831, §§ 605, 606. Fifth class, bonds of, p. 868, § 753. Fifth class, compensation of officers, p. 868, § 755. Fifth class, contracts, officers not to be interested In, p. 93, § 811. Fifth class, eligibility to office, p. 869, § 757. Fifth class, oaths of officers of, p. 868, § 753. Fifth class, officers collecting moneys, settlements, p. 893, § 810. Fifth class, officers of, p. 867, § 751. Fifth class, supervisors fix duties and compensation of certain officers, p. 8S7, § 791. Fifth class, vacancies in office, filling of and term of appointee, p. S68 § 754. Sixth class, collecting moneys, settlement, p. 912, § 885. Sixth class, compensation of officers, p. S96, § 856. Sixth class, contracts, officers not to be interested in, p. 912, § 886. Sixth class, duties and compensation of officers, fixing by super- visors, p. 911, § 881. Sixth class, election of enabled where city without officers, Act 2350. Sixth class, eligibility to office, p. S97, § 857. Sixth class, supervisors imay appoint what officers, p. 895, § 852. Sixth class, vacancies, filling and term of appointee, p. 896, § 854. OIL, injury to petroleum bearing strata, prevention of from water, Act 2556. Oil strata defined, Act 2556, § 3. Owner, defined, Act 2556, § 3. Wells, abandoned, to be filled with earth, Act 2556. Wells drilled in oil-bearing strata to be cased, Act 2556. OLEOMARGARINE, sale of as butter prevented, Acts 2561, 2562. OLE'TA, name of Fiddletown changed to Oleta, Act 1163. OLIVE OIL, regulation of sale of, Act 41, 2567. Sale of imitation olive oil regulated, Act 2568. ONE TWELFTH ACT, in cities of first class, pp. 700-703, g§ 102-105. OPTOMETRY, board of examiners, Act 2573. Regulation of practice of, Act 2573 ORANGE COUNTY, boundaries of, Act 2578. Classification of, Act 257S. County seat, determination of, Act 2578. Creation of, Act 2578. Organization and selection of officers, Act 2578. ORDINANCES, election on question of, p. 117, § 18. Entry of. p. 134, § 26. Form of. D. 134. § 26. ORDINANCES-' I: MIAN ASYLUM. ordinances . how paid. Act 837, vc, of. Act 837 S 25 1 ordlnam • by, pas*.-. I • ittlng cars to be pro; etricity ratified. P I 5 26. C42, | 6. Signing and attesting, p. 131 : < ; • petition, p. H7. CITIES OF I' IBT1CVI ' ! • ' ■ nitlon bills, p. 661. { 61. r veto, p. 861, i 61. 5 63. ■ I 5 sfi. majority % -age of, p. 6S8, I 50. -. publication of, p. I 59. adoption of, p. 160, 5 57. sinning bills, i First class, subject and til I 56. • of . p. 878, S 769. Third cla- Third Hn- lion and publication, p. 812. 9 MR. ! runislin Fourth cil approval by mayor and passage ovc : irth class, •■:. J 631. Fourth cl x, nd publication of, p. 842. ${ 631. 632; p. S43. ii 63. < S74, i 766. Fifth class. Judl< Fifth class, ordinances, limitation on passage < I 763. } ; 788. Fifth Ing, attesting and publishing, p. 874, 5 765. , as evidence, p. 90S, 8 878. . Boning, nd publishing, p. Ml, 5 S63. Sixth cla.-- | .niehnnnt of, p. SH2. 5 867. OKi >\ II. LB. hogs running at large In. prevention of, Act 1 purposes, I ORPHAN ibandonment of children. Act 2G94. Adoption of children, managers authorixed to consent to. Act Appropriation for relief of, Act Approprl rpb&n, half orphan and abandoned children. Acts 54, 2595. ORPHAN ASYLUM-PAUPERS. H39 Authorized to bind children as apprentices, clerks and servants, Act 214. Boards to investigate organizations receiving dependent or de- linquent children, Act 1769. Guardians of children In, appointment of, Act 2597. Managers of orphan asylums may consent to adoption, Act 27. Notice of children admitted, Act 1622. Quarterly publication of children admitted, Act 2598. ORPHANS, care of orphan children, Act 1622. See Orphan Asylums. OSTEOPATHY, licensing, Act 2602. Regulation of practice of, Act 2602. State board of osteopathic examiners, Act 2602. OVERSEERS, water, in particular county: See Particular Title. OYSTERS, oyster-beds, Ace 2608. Planting and cultivation of, encouragement of, Act 2609. Statute relating to, Act 2607. PAPER, creation of paper to circulate as money, forbidden, Act 2284. PARDON: See Parole Commissioners. PARENT AND CHILD, adoption: See Adoption. PARIS GREEN, fraud in sale of, prevention of, Act 2614. Regulation of sale of, Act 2614 PARKS: See Public Parks. PAROLE COMMISSIONERS, creation of board for parole and gov- ernment of prisoners, Acts 2619, 3866. Governmer.t of paroled prisoners, Act 2619. Parole of prisoners. Act 2619. PARTIES, costs in actions where state a party, Act 3781. PARTITION FENCES: See Fences. In particular counties: See Particular Title. PARTNERSHIP, mining partnership, act relating to, Act 2219. Special, formation of, Act 2624. PAUPERS, alms-houses and poor-houses, duties and powers of super- visors, pp. 122, 123, subds. 5, 6. Appropriation for support of aged persons maintained in insti- tutions. Acts 54, 2630. Bringing into state a misdemeanor, p. 9S0, § 3. Counties, duty to support, p. 9S0, § 1. Fund for maintenance and support of persons becoming a pub- lic charge, Act 2631. Fund of, refunding, p. 983, § 8. Indigent sick, provision for, Act 2629. In particular counties: See Particular Title. Inquiry into ability of inmate or relatives to bear expenses, p. 981, § 5. Maintenance and support of indigent, incompetent and incapaci- tated pei sons becoming a public charge, Act 2631. Property subsequently acquired chargeable with support, p. 982, § 6 Property subsequently acquired, duty of district attorney, p. 982, § 6. Residence, defined, p. 980, § 2 Residents of other counties, p. 981, § 4. Support, duty of kindred, p. 982, § 6. Support of, a county charge, p. 221, § 228, subd. 7. MM ■KEKS duti-s and li.. r.X. PAYMENT, legal tei v.ible In payment of taxes aa■! under municipal oor po r a - Hon Abolition of courts and transfer of records, p. 761, 5 24fv Asm v. duty to take dying statements, p. Attorney, an of, f>- '••'•'. j -13. ■ Pank^ng. siiiinc In, p. 7 r .r., J 230. on of Judges for assignment to departments, p. 756. tnitments, p. 7.".ti. || t of, p. rs of, pp. 707, 7W, ii 238, 240. 1 Ii limb r of, I>. 7 Division of bu i B over, p ■ .p. 7f)S, | 24L N umbi r of ]u • • I rs, I 1 768, > Pro< • 'lui ••. p, 1 subd. 16. POLICE COURTS. J663 Record, not a court of, p. 755, § 2229. Seal, p 755, § 229. Sentence to hard labor, p. 757, § 236. Sittings, p. 755, § 229. Cities of first and one-half class. Appeals, p. 1000, § 11. Clerks, appointment, bond, duties, salary, etc., of, p. 998, § 6. Disqualification of justice an<3 proceedings on, p. 98 § 4 Dockets, p. 999. § 9. Fines and collections, payment into treasury, p. 999, § 8. Judicial power vested in, p. 997, § 1. Jurisdiction of, p. 997, §§ 2, 3. Justices, duty to hold, p. 997, § 1. Open, always, except on nonjudicial days, p. 1000, § 10. Power of justice sitting as police judge, p. 998, § 5. "Prisoners, place of imprisonment or of labor, p. 1000, § 12. Prosecuting attorney, appointment, term of office, duties sal- ary, etc., Act 2743; p. 999, § 7. Report of justices sitting as judge, p. 1000, § 14. Rooms and supplies, p. 999, § 9. Seal, p. 1000, § 13. Sessions, number of, p. 997, § 1. Transcripts, certified, as evidence, p. 1000, § 15. Warrants and process, effect of, p. 1000, § 15. Cities of second class generally. Appeals, p. 1003, § 11. Clerk, appointment and term of office, p. 1001, § 6. Clerk, bond, salaries and duties of, p. 1002, § 6. Dockets, p. 1003, § 8. Imprisonment, place of, p. 1003, § 12. Judicial power of city vested in, p. 1091, § 1. Jurisdiction of, p. 1001, §§ 2, 3, 5. Justices, disqualification and proceedings on, p. 1001, § 4. Justices to sit as police judge, p. 1001, § 2. Justices, power of, p. 1001, § 5. Labor of prisoners, where performed, p. 1003, § 13. Op an on what days, p. 1003, § 10. Prosecuting attorney, appointment, term of office, salary and duties, p. 1003, § 7. Reports, monthly, of cases to city council, p. 1003, § 14. Rooms and supplies, p. 1003, § 9. Transcripts of dockets or files certified, as evidence p 1003 § 15. Warran ,s and process, validity and effect of, p. 1003, § 15. In cities of second class organized under municipal corpora- tion bill. Appeals, p. 797, § 399. Clerk of court, p. 795, § 395. Clerk of, salary of, p. 773, § 307. Disposition of fines and moneys collected; p. 796, § 396 Dockets, p. 796, § 397. Imprisonment, place of, p. 797, § 400. Judicial power of city vested in, p. 794, § 390. Jurisdiction, p. 794, §§ 391, 392. Justice, disqualification to sit as, p. 795, § 393. i&et POl tTMKNT. Justice to sit as. p. 791. 5 200. Open. when. p. p. 7'.'".. | K p rt, month:;. | 40*. Beat, Transcript ' • ■ | '.'.'■ Warrants aiul process, force an d ' > 403. d un.hr iiutnuij'al cur[i<>Tiitinn bill. 1 compensation, p. 822. 5 663. Jihlc hflcntion of an«l Judg i 7, {§ 602, (jOG. . powers an.1 dutl>-s of. p. I . { 500. Pra< tics, p. 821, i - - 1 . i 560. Seal ■' § 563. I municipal corporation hill. Api ' <34. Interest oj 'luallflcatlon. p. Dd of, p BSO, ' ■ Ju ' ">Z. ,:>• of p, Jury krlftl, p. VET, I Justice of I set as Judge, p. Ml, 5 7o0. rs of Jud*; art of ju.lt- ::i- 5 10. Hoars ol coun IllC! Of!i< ■ ' of. I (Salaries of cbi I > of certain cities, Ac: POLICE DEPARTMENT— POPULATK N. 1MB Sheriffs and chiefs of police to be furnished descriptions and photographs of prisoners, Act 73s. Tax collector, performance of duties of by chief of police, Act 4043, § 8. Vacation, commissioners to grant yearly, Act 2733. Wardens to furnish description of convicts to, Act 738. CITIES OF PAETICULAB CLASSES. Cities of first class, appointment of officers, Act 2732. Cities of first class authorized to pay rent of stations and sal- aries out of general fund, Act 3209. Cities of first cla^s, hours of service of members, Acts 2728, 2729. Cities of first class, fiie alarm and police telegraph, provisions relating to, pp. 732, 733, §§ 162-164. Cities of first class, police department in, provisions relating to, pp. 713-723, §§ 140. 141. Cities of first c'.ass, salaries of officers in, Act 2732. Cities of first and one half class, hours of labor of police in, Act 2729. Cities of second class, captain of police, salary of, p. 773, 5 307. Cities of second class, duty of chief of poice, p. 792, § 372. Cities of second class, hours of labor, Act 2729. Cities of second class, number of policemen, p. 790, § 358. Cities of second class, police detective, salary of, p. 773. § 307. Cities of second class, policemen, removal of, p. 790, § 358. Cities of second class, policemen, salary of, p. 773, § 307. Cities of fourth class, chief of police, deputies of, p. 852, § 672. Cities of fourth class, chief of police, election and term of office, p. 82S, § C02. Cities of fourth class, chief of police, powers and duties of, p. 860, § 699. Cities of fourth class, chief of police, salary of, p. 853, § 673; p. 860, § 699. Cities of fourth class-, police commission in, p. 855, § 680. Cities of fourth class, police force in, p. 855, §§ (179, 680. Cities of fuurth class, policemen, powers and duties, p. 860, § 699. Cities of fourth class, policemen, salaries of, p. 860, § 699. Cities of fourth class, police trial commission in, p. 855, § 681. Cities of fifth class, police department in, p. 8S6, § 790. Cities of sixth class, marshal has control of police, p. 910, § 880. POLICE JUDGES, cities of first class, salary of, p. 653, subd. 15. POLYTECHNIC SCHOOL: See California Polytechnic School. POOR HOUSE: See Paupers. POOR LAWS: See Paupers. POPULATION. Counties, of, pp. 114-116, § 10. Counties of fifteenth class, how ascertained, Act 837, § 172, sub. 17. Counties of sixteenth class, how determined, Act 837, § 173, sub. 16. Counties of nineteenth class, of, Act 837, § 176, sub. 15. Counties of twentieth class, Act S37, § 177, sub. 15. Counties of twenty-sixth class, how ascertained, Act 837, § 183, sub. 14. Counties of thirty-fourth class, classificat'un in, Act 837, § 191, sub. 14. Gen. Laws — 106 1668 POPULATION-PRISONERS. Counties of thirty-eighth class, classification of townships In, Act BS7, § 195, sub. 13. Counties of forty-first class, how ascertained, Act 837, § 198, sub. 13. Counties of forty-third class, how ascertained, Act K37, § 200, sub. 17. POSSE COMITATUS, sup rvisors authorized to pay expenses of. Act POSSESSORY ACTIONS, mode of maintaining and defending, Aits POSSESSORY CLAIMS, protection of growing timber on. Act 1402. POULTRY. Poultry experiment station, statute relating to. Act 2748. PRACTICE: Bee Commissioners In Equity. Practice in supreme court, regulating. Act 842. PRB BMPTION: See Public Lands. PREFERENCES. Laborers are preferred creditors, Act 1SC3. • HUM, official bi.nd, payment of, on, Acts 329, S [DENT, Maault upon, punishment of. Act 693. Conspiracy to commit any crime against, punishment of, Act 693. -TON SCHOOL OF INDUSTRY, additional land for, purchase of, Ac i 2754. CommmiK nt* to. Acts 27ifl. 4110. Commitments to, authority given to superior judges, Act establishment of, Act 2753. Evil dlspos (l p r i us prevented from coining on grounds of, Maintenance of, A I Maintenance of inmates, liability for, Acts 2756, 441C. Masai;, incut of, Act 1 PRIMARY ELECTIONS, acts concerning. Acts 1012, 1013. PRINCIPAL AND AGENT: See Agency. PRINTER OF state: Bee Btate I PRINTING, cuv, letting out on bids In cities of first class, p. 703, § 106. PRISONERS: Sec Parol Commissioners; Preston School of In- dustry; Whit tie i boot; Btate Prisons, to sheriff for boarding, pp. 317, 318. Arrest, trial, recommitment and punishment of convicts who have escaped. Act 1041. Costs and expenses of trial of convicts for crimes In prison Costs of trial of escaped convicts, Acts 736, 78:;, 1869. Cutting of hair ot persons convicted of misdemeanor. Act 2834. onflnemenl tation of convicts Into sta -ion of, Act 737. Ju\ uratlon from adults, A. t 1769. Matron, duties and powers of, I Matron, compensation of. Act 2776, 5 :!. Sheriffs and chiefs descriptions and i ho i graphs of prisoners, Act* Sheriff, compensation and es tor conveying to pi isons, p. 318. Support of prisoners a county charge, p. 321, § 228, subd. 3. PRISONERS— PROSTITUTION. 1667 Wardens to furnish description of convicts-, Act 738. Wardens to furnish information concerning, Act 739. PRISONS: See Jails; State Prison. Alterations in, power to make, Act 3284. Folsom, additional cells at, erection and construction of, Act 2777. Folsom, wall, erection of around. Act 2777. Government and regulation of, Act 2763. House of correction, commitments to, Act 1540. House of correction of San Francisco: See San Francisco. Insane convicts charged with felony, establishing hospital for at Folsom, Act 2776. Insane convicts, hospital for at Folsom, government and management of, Act 2776. Jute goods, price and conditions of sale, Act 1764. Matron, creation of office of in certain cities, Act 2775. Matron not to be hindered in discharge of duty, Act 2775, § 4. Matron searching of female prisoners, Act 2775, § 4. San Quentin, erection and construction of additional cells, Act 2778. San Quentin, improvements at, Act 2778. Wardens to furnish descriptions of convicts, Act 738. Wardens to furnish sheriffs with information concerning con- victs, Act 739. PRIZE FIGHTING prohibited, Act 2780. PROBATE COURTS: See Public Administrators. Powers of conferred on superior courts, Act 846. Ratification of void probate sales, Act 2785. PROBATION. Probation officers, appointment, powers and duties of. Act 1769. Probationary treatment of juvenile delinquents, Act 1769. PROCEDURE: See Commissioners in Equity. Practice in supreme court, regulating, Act 842. PROCESS: See Summons. Elisor, service of process by, p. 154, § 105. Elisor, when to serve process, p. 154, § 105. Execution of in new counties, Act 2790. Foreign corporations, to designate person upon whom process served, Acts 774, 775. * Includes what, p. 151, § 88. Mileage for service of papers or process issued outside of county, p. 318. Service where sheriff a party, p. 154, § 104. Sheriff, duties and liabilities regarding, p. 151 et seq, § 89 et seq. Validation of writs, process and certificates issued before courts have seals, Act 2791. PROMISSORY NOTES, relating to bills of exchange and promissory notes, Act 344. PROSECUTING ATTORNEY. Police courts, of: See Police Courts. PROSTITUTION: See House of Prostitution. Chinese or Japanese women, importation of, for, prevented, Act 2797. Compulsory, of women, prevention of, Act 2797. Placing of married women in houses of, prevention of, Act 2796. Suppression of Chinese houses of, Act 593. 16C-8 PROTECTION DISTRICTS. , construed, p. 1014. --. p 1019, ( 17. - or unknown - >ceed- on of, p. 1 21. | ?". IV. p. |l ' ror In p.t • Invalidm- 5 IS. ountv, p. loifi, j io. lue and when delinquent, p. I, how pa ' • tni'nt and compensa- | 10 IS 8 8. i 8 md bond. p. l"1fi. i 7. 1016, I 7. U 12. ' •. filing of, p 101H. |S 15. f 011 OR, p 1"1S, } IS ;ig and determination, kh against non-a'-ceptlng owners, p. s. validity of and informalltU'S In. p. 0( work, manner of proceeding, p. l n ?2, 5 26. • forms, p. Countv h.iundii ':niti when water-course forma, p. 1'"'1S. Dan. 1 of. notice to unknown owners, how given, p. Darn 'u*a! to accept and proceedings against <'orks. Contracts by state, regulation of, Act 2897. Contract for. change of. p. 138, § 38. Erection of, regulation of, Act 2815. Lighting streets and public buildings, letting of contracts for, Act 2340. Plans and specifications, change of, p. 138, § 37: Act 2818. State, contracts in behalf on in relation to, Act 2816. State building in San Francisco, act providing for, Act 2819. State building in San Francisco, act to facilitate erection of, Act 283r maintenance of park.'. PUBLIC PROPERTY, protection of growing Umber oa public grounds. PUBLIC V\ Highway*. PUBLIC WORKS -nation of. Act B7L Assembly bly balls. • urring for. Act 2371. mbly halls, ruli luct of. Act 2372. J 9. '. i. Build DuiM • ball oi suite iu relation to, ruguu- Butltfing BuUdinga, uuflj Public Build of third • IU, 5 536. Cities of lifih class, to i ■ Tft I, to be done by contract on bids, p. W6, J 874. PUBLIC WORKS— QUARANTINE. .673 Cities over one hundred thousand authorized to condemn land and erect buildings. Act 2364. Commissioner of, auditing board to, creation of, Act 2891. Commissioner of, auditing board to, number of and appoint- ment of, and term of office, Act 2891, § 1. Commissioner of, auditing board to, powers and duties of. Act 2891. Commissioner authorized to obtain way to divert water of Mormon Channel into Calaveras RWer, Act 2892. Commissioner of, bond of, Act 2890, § 1. Commissioner of, compensation and expenses of, Acts 2890, 2891, § 1. Commissioner of, creation of. Act 2890. Commissioner of, creation, duties, powers and compensation, Acts 2888, 2S89. Commissioner of, powers and duties of, Act 2890. Commissioner of, term of office. Act 2S90, § 1. Commissioner of, vacancies, filling and term of appointee, Acts 2890, § 1; 2891, § 1. Construction or completion of, regulation of, Act 2371. Debt for improvements, limit on, Act 2371. § 4. Debt for improvements, incurring. Act 2371. Debt to pay for improvement, incurring <>f authorized, Act 2369. Hours of labor: See Hours of Labor. Improvements, incurring indebtedness for: See Municipal Cor- porations. Laborer, retaining portion of wages, punishment of, Act 2549. Materialmen, mechanics or laborers on, liens of, Act 1950. Minimum compensation for labor on, Act 2894. Payment of materialmen and laborers on public works, securing, Act 2895. Public, within cities, special tax for, Act 2344. Retaining part of wages of laborers on public works a felony, Act 2549. Soldiers, sailors and marines of war of rebellion preferred in public service, Act 2893. Waters to protect cities from overflow, issuance of bonds, Act 2366. Waters, to protect cities from overflow, manner of construc- tion, Act 2366. PUNISHMENT: See Preston School of Industry; Whittier State School. Parole commissioners, creation of board for parole and govern- ment of prisoners. Act 3866. State prisons: See State Prisons. PURITY OF ELECTIONS, promotion of, Act 1015. PUTAK CREEK Yolo and Solano canal district, formation of to protect lands from overflow by Putah Creek, Act 2905. PUTAH SCHOOL DISTRICT, union with Yolo school district, Act 3538. QUICKSILVER, pure, secured to miners, Act 2218. QUIETING TITLE. Actions against state to quiet title to certain land authorized. Act 3793. Public lands, quieting title, Act 2849. QUARANTINE against domestic animals from infected districts, Act 2910. Cities of first class, quarantine regulations, pp. 737-740, §§ 173- 180, 182; pp. 744, 745, §§ 194, 196. 1674 QUARANTINE— RATTFICATIi N Livestock Inspector, power to establish and enforce, Act 837, J Quarantlne against d animals Injurious tu fruit trees, viii' bles, etc.. Act 1517. QUIETING TITI ,B I of Title Actions against state to Qnlel rist claims under in- heritance tax law, Act I RAILROAD COMMISSIONERS, commissioners of transportation. Acts Powers of, Act 25*21. RAILROADS: Bee Trnmroads. All corporations authorized to do business on equal terms. Act Appointment of police to serve upon cars or boats, \> t Brat rt and dummies to be equ Act 2932. Colfax to Nevada City, railroad from. Act Complete roads, railroads enal< i'Ios author i 801. islve, transportation of, p. 403, I 9 Fares, ranes of on street railroads In cities over one bu thousand, Act Franchises for. sale or granting of. Acts ! Franchises to construct r limits to public parks. Act Harbor commissioners authorized to construct over state land, At 1424. Incorporation of. Acts 2915, 2916 Inspection of railroad cars by board of health, Act 2835. lone to Sutter Crick 01 .'1 from, Act 2922. of railroad corporal Leases made by OfBcen for terminal facilities, ratification of. Act 1S90. t-cars, Act 2930. MarysYllle to Kntgbt'a Landing, r,n • North Beacb anil Mil granted to, I Operation and management of roads above c. rtaia elevation. Act . Operation of compelled, Act Ordinances permitting cars to be propelled by electricity rati- fied Act Right of way frum Atlantic to Pacific granted to United States, \. t 4213. Southern California Railroad Company, granted rn ovei asylum grounds in San Bernardino C Spur track, permit revocable. BpUT '.r.o ks in cities, construction of author .^34. urn rallroada auth.Ti7.iii U> use electricity or .discs for. granting or sale of. Street, franchises for limiting ing, Act I Street ,-ailroada: See street Rallroada, RAMlK CULTURE. Bounty for fiber. luragi toeiit of. state superintend) nl of, a t RATIFICATION, conveyances by city for charitable or educstionaJ purpose, ratification of. Act . RATIFICATION— RECLAMATION DISTRICTS. 1675 Ol lease of China Basin in San Francisco, Act 1890. Void probate sales, of. Act 2785. RATTLESNAKE SCHOOL DISTRICT and Wild Goose School Dis- trict, El Dorado County, consolidated. Act 3543. READING. Name of Redding changed to, Act 3000. REAL ESTATE, married woman authorized to convey, Act 2109. RECEIPTS, officers in cities of first class to give for moneys re- ceived, p. 699, § 98. Receipts by officers of cities of first class as evidence, p. 699, § 98. Warehousemen's Act 4393. Wharfinger's, Act 4393. RECEIVERS. Bonds, deposit of money or assets with corporation and reduction of bonds, Act 1055. Bond of, chargeable against estate, Act 368. Corporations authorized to act as. Act 1065. Corporation as, rights and duties of, Act 1055. Corporation as, and powers and dirties of, Act 770. Deposit of moneys or assets with corporation and reduction of bonds, Act 1055. Unsafe banks, appointment of, p. 50. Unsafe banks, bond of, for, p. 50. Unsafe banks, duties of, p. 50. RECLAMATION DISTRICTS, appeals from orders relating to, Acta 2976, 2977. Assessments in equalization of, Act 2972. Bonds, election for issuance of, pp. 1077-1079, §§ 1-5. Bonds, fees not to be paid officers for services, p. 1081, § 10. Bonds, issuance of and form of, p. 1078, § 5. Bjnds, payment of, p. 1078, § 5; p. 1080, § 8. Bonds, proceedings when district in different counties, p. 1080, § 9. Bonds, sale of and disposition of proceeds, p. 1079, § 6. Bonds, taxes, p. 1080, § 9. Certain districts subjected to provisions of code, Act 297$. Creation of reclamation district number 70, Act 2941. Disbursements, how paid, p. 1080, § 7. Dissolution of for non-user of corporate powers, Acts 2803. 2974, 4026. Drainage: See Drainage. Indebtedness of, funding of, Act 2942. Levee districts: See Levee Districts. Morman Slough, inhabitants authorized to form reclamation dis- trict, Act 12943. No. 2, Sutter County, boundaries and government, Act 2946. No. 54, Sacramento County, ratifying Act 2952. No. 108, Yolo County, warrants and assessments to bear inter- est, Act 2956. No. 108, Yolo County, legalized, Act 2955. No. 124, Colusa County, validated, Act 2959. No. 205, Sacramento County, creation and organization of, Act 2961. No. 252, Sacramento County, establishing, Act 2963. No. 254, Sacramento County, creation of, Act 2964. No. 317, Sacramento County, creation of, Act 2966. Protection districts: See Protection Districts. Sacramento County, delinquent assessments, collection of, Act 2968. San Joaquin County, in, Act 2969. N I '1STRICTS- RECORDS visors authorized to approve petitions to Sur ■ of Political i ma and Overflowed I^ands. and government. Act 2970. I to approve petitions for, A.-t knowledgments taken before, validated, Act 16. r :ders validated, 17 and assistants, an\\. 5 - r Jurisdiction of, p 'in, § Ml, 312. 58 882, 88*. ■ orda. AM : pen to inspection without chart;*, p. l«:. « i.".i. RECORDS— RESTORATION OF RECORDS. 1677 Courts, records of transferred to courts formed under consti- tution of 1879, Act 2987. Judges not to order production of original papers, p. 707, § 125. Transfer of records from courts existing prior to 1879, Act 844. RED BLUFF. County judge to distribute to inhabitants lots held in trust for, Act 2993. Hogs prevented from running at large in, Acts 2994, 2995. Incorporation of. Act 2992. REDDING, hogs prevented from running at large in, Act 3612. Name of Redding changed to Reading, Act 3000. REDEMPTION. Purchaser of public land, redemption by, after forfeiture, Acts 2872, 3S35. Taxation, from: See Taxation. RED MEN, incorporation of, Act 3005. REDWOOD CITY. Clerk of board of trustees, election of, Act 3012. Incorporation of. Act 3010. Starnbaugh Street, trustees authorized to extend, Act 3011. Superintendent of streets, election of, Act 3012. REFEREES: See Commissioners in Equity. REFORMATORIES: See Preston School of Industry; Whittier State School. Boards to investigate organization receiving dependent or de- ■ linquent children, Act 1769. House of correction, commitments to, Act 1540. House of correction in San Francisco: See San Francisco. Industrial School of San Francisco, Act 3237. REGISTRATION, titles, of, Act 4115. RELIEF CORPS: See Woman's Relief Corps. RELIGIOUS CORPORATIONS: License tax, exempt from, Act ST. RENT. Cities of first class authorized to pay rent out of general fund, Act 3209. REPORTER: See Supreme Court Reporter. REPORTS, particular officers, by: See Particular Title. RESCUE, liability of sheriff for, p. 153, §§ 96, 97. RESERVATIONS. Lands within Indian reservations granted to United States, Act 1605. State lands, certain, reserved from sale, Act 3838. RESOLUTIONS: See Ordinances Mayor, to be presented to, Act 2583. RESTAURANT, refusal of admission to because of race or color, punishment of, Act 605. RESTORATION OF RECORDS, assessment-roll of, Act 3016a. Board of medical examiners of, Act 3016. Board of dental examiners of, Act 3016. Board of pharmacy of, Act 3016. Certificates, issuance of duplicate, Act 3013. Copying of books, documents, maps and records, Act 3014. Copied records, comparison of, Act L014, § 2. Copied records, authentication of, Act 3014, § 2. Copied records, as evidence, Act 3014, § 3. Copied records, certified copies of, Act 3014, § 3. Copying of records, payment for. Act 3014, § 4. Court records, substituting certified copies of, Act 3015, § L 167S RESTORATION OF RECORDS— := ACRAM KNTO CITY. Court records, supplying In absence of certified cop'.cs, Act SOU. 5 2. Superior onurt, filing transcript on appeal in, Act 3015, 5 3. RESTRAINING ORDERS, use of. in disputes between master and servant limited, Act REVENUE: See Taxation. Act to provide revenue for support of government. Act S017. REWARD. Exhumation of body without permit, reward for in- formation. Act MS. } 6. Governor authorized tr. offer, Act 13S7. RIOTS. Compensation of parties whose property destroyed by mobs or riots. Act RIO VISTA. Mrn/'is del Rio, name of changed to Rio Vista, Act 413. RIO VISTA SCHOOL DISTRICT, Woods Island, Sacrameuto County, annexed to, Suluno County, Act 3540. RIVBR8: See Waters. RTVER8IDH COUNTY, boundaries of. Act D of, A. ■: County se.it. location of. Act 3022. ■ Oik.. I and appointment and electlnn of officers Act Rights between, and other counties, adjustment of. Act ROAJM s. i lii^liw.iys. Particular com ties, roads in: See Particular Title. n rond corporation- Bet Wagon Road Corporatkms. ;lle>. roads In. purchase of, Ae1 RODEOS: ils. ROSTER, compilation, printing, binding, publishing, and distribu- . of, act ROUGH AM) RBADY, n:>me of Hough and Ready changed to Ktna. Act 3033. SACRAMENTO CITY, nttnrney of, election for. Act, 3040. Auditor of, salary of. Act 3041. Boards of trust., s of relative to. Acts 3057, 3058. Boundaries of, Act, Canals and levees, power to construct conferred upon. Act 3043 Charter Of, Dispensary in. nent and maintenance of, Act 3045. Drainage of. Act 3t>4t>. •inent of. Act 3049. Eire department in, estabUshmi at of paid, I Firemen's association, exempt, organising. Act 3048. Folsom, construction of state hlghwaj to, A t Funded Indebti Gas pipes in, G. w. Cheeiey authorised to lay. Act 3044. John Hoagland. authorizing suit against. Act 3050. Incorporation of. Act 3039. Roads in, Act School moneys, payment of Into treasury of. Act 3055. State capital, loeatiou of at. Act 3804. Streets in. Act Streets, Improvement of. Act 3052. Street tax, legalizing assessment of. Act 305S. SACRAMENTO RIVER DRAINAGE DISTRICT. l673 Swamp lands, granting of to, Act 3056. Water rates in, Act 3059. SACRAMENTO COUNTY, assessor of, Act 3065. Constable, fees of, Act 3068. District attorney, compensation of. Act 306ft. East Park, protection of property of, Act 306X. Fees of constables, Act 3068. Fees of justices of the peace, Act 3068. Fees of officers, Act 3069. Fences, division, in, Act 1138. Government of, Act 3064. Growing timber on private grounds 1 , destruction of prevented Act 1577. Hunting on private inclosed grounds in, prevention of, Act 1577. Judge, additional, for, Act 3070. Justices of the peace, fees of, Act 3068. Levee commissioners, additional powers conferred on, Act 3071. Levee district No. 1, in, Act 1916. Levees in, construction and repairs of, Act 3072. Notaries, additional, in, Act 3073. Officers, fees and compensation of, Act 3069. Reclamation districts, delinquent assessments, collection of Act 2968. Reclamation district No. 54, ratifying, Act 2952. Reclamation district No. 205, creation and organization of Act 2961. Reclamation district No. 252, establishing, Act 2963. Reclamation district No. 254, creation of, Act 2964. Reclamation district No. 317, creation of, Act 2966. Records in, transcribing certain, Act 3074. Roads in. Acts 3051, 3075, 3076. Roads, certain persons allowed to take possession of and im- prove a certain, Act 3077. Sheep, restricted from being herded or running at large In Act 3078. Supervisors of, powers of denned, Act 3080. Supervisors, president and clerk of board of, Act 3079. Sutter Island, setting off portion of for school purposes Act 3545. Swamp land district No. 2, provision for, Act 3046. Swamp land districts 50 and 54, funds for, Act 2967. Treasurer of, manner of counting moneys in hands of Act 3081. Trespassing of animals in, Act 1071. Woods Island, annexed to Rio Vista school district, Solano County, Act 3540. SACRAMENTO RIVER, navigability of, Act 4358. Navigation of, improvement of, Act 3811. Spark catchers, use of on steamers, Act 3888. SACRAMENTO DRAINAGE DISTRICT. Assessments, levying and collecting upon lands within. Act 979. Creation, division and management of districts within Act 979. Creation of, Act 979. Officers, election and appointment of, Act 979. Officers, powers, duties and compensation of, Act 979. SACRAMENTO RIVER DRAINAGE DISTRICT, board of commis- sioners, creation, powers and duties of, Act 981. Creation of, Act 981. ?.\ 1 : NTT. BAILOR8: £•■«• Boldlarfl »>< ' Veterans' Horn*. 1113. lar Titlo. f salary of subordinate officer* a felony, 4 inarurl&l materials, regulation of sale of, Act ■ on In stamping and labeling Roods. Act •.Hid In *.•»!•■ of. preTintlfv f. Act S6M. ■ Htrators before obtaining lett.m. ■ds In. sale of. Art 431». .tle«. ration of. Act »08«. S \l.l\ \ : SOM. BALM dors. ..' A<-t MM. -aids, rues, supervisors of Alameda Act ton. v ■ v ■ anlmala of another, wounding In. punish- \ - ■ ISM. I ■ d lands In prevention of, Art i ! having '■; ! \ t Tr • - • ind tier <-d coaattoo, Act »tlnct, STY. agiicoltui n of, In. Acta Anir ng of In. '114. itlon and protection of. A' • Umbel on |.n\.. destruction of preTentad, »: r.f. Art SAN BERNARDINO C< >l\N TV-SAN IT IJXK) COUNTY. 1CM IPjhways in, provisions of Political Code made applicable, Art 3123. Hurting on private inclosed gr< unds in, prevention of, Act 1577. Irrigation ditches, water rights responsible for expenses on, Act 8120. Irrigation, protection of. Act 3120. Judge, additional, for, Act 3121. Officers of, salaries of, Acts 3117-3.119. Records in legalized. Act 312-1. Records of, preservation and transci iptio l of, Act 3122. Squirrels and gophers, destruction of, Act 188. Supervisor districts, division into, Art 3126. Supervisors, compensation of. Act 3r v 7. Supervisors in. election of, Act 3125. Trespassing of animals in, Act 1071. Waeon road in, construction of, Act 4128. Water commissioners for. Act 4365. Water commissioners for, beard of. Act 3129. Waters, overseer to regulate, Act 4365. SAN BUENAVENTURA, incorporation of. Act 3139. Ordinances, certain, approved, Act 3141. Reincorporation of, Acts 3140, 3141. School districts, legalizing and confirming boundaries of, Act ?156. SAN DIEGO CITY, charter of, Acts 3145, 3147, note. Conveyances by authorities validated, Acts 3149, 3150. Conveyance by to Richard C. McCormiek ratified, Act 3153. Conveyances of pueblo lands in legalized, Act 3148. Conveyances to United States for military or naval purposes validated, Act 3151. Conveyances to United States of realty necessary to change San Diego River authorized, Act 3152. Ordinances relating to Texas and Pacific Railroad Company, legalizing and repealing, Act 3154. Pilot and pilot regulations for port of, Act 3155. Reincorporation of, Acts 3146, 3147. SAN DIEGO COUNTY, agriculture in, protection of. Act 3163. Animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of, prevented, Act 3163. Assessor, compensation of, Act 3164. , Conveyance of certain tide lands to United Ptates, Act 3160, County clerk of, funds for use of, Act 3167. False Bay, charge for use of, Act 3174. False Bay, machinery, erection of, authorized, Act 3174. False Bay, use of tide waters authorized, Act 3174. Fees of office, Act 3166. Fences in, Acts 1134, 1135. Fences in, tearing down of, prevention of. Act 1593. Fires, leaving of, punishment of. Act 1593. Funding, indebtedness of. Act 3170. Government of, Acts 3161, 3162. Growing timber on private grounds, destruction of prevented. Act 1577. Hides of slaughtered cattle, keeping of, Act 182. Hunting on private inclosed grounds in, prevention of. Acta 1577. 1693 Inclosures, passing through and leaving open, Act 1593. Judges, increase of number of, Act 3171. Gen. Laws— 106 SAN DIEGO COUNTY-SAN KR\NVISCO. n In nuniV. r el I t 3172. \'t r.r.56. Officers of, v. M73. funds of. Act 2169. -•passing animals In. \\ cs. . ItiiHhouse. establishment and maintaining. Att I • 3] SO. AttOl 'ate board of health .i >f health of. Art Auditor, '.32a. Auditor, furl I in3. Aud -321. And ' business In office of, Act Authi-rU.'d to pay rent and unlades out of g.-ncral fund Pn\ i din* of and rhnnglng of grade. Act '■' . ' \ ■ 3185. H" • ', t. ■ I I tgalnst slat' 'ton, powers and dut ry d<| .>t In Bowman, James, Interest of itats in water lot qu: • successors of. '• Dl and ida/ I u; u<- autho ■ Chin 'Ion of lease of ChSJ rat.nl th:. US. and sale Ol rtl of, Act 3321. • s for and for assist- Clty LSSlstantfl t City hall, hoard of cltv hall commissioners, abolishing, Act I ' 3188. nion and delivery of deeds to purcharcrs. I of education of, against state, payment of. Act CI;, lfth, Art I Conlln, John J , art for relief of, Art 3302. SAN FRANCISCO. 1SS3 Conveyance of lot to San Francisco Ladies' Protection and Re- lief Society, authorized, Act 3291. Conveyance of old Cemetery Avenue and plaza reserved up to New Cemetery Avenue authorized. Act 3199. Conveyances to South San Francisco Homestead and Railroad Association authorized, Act 3201. Coroners in, Act 3203. Coroners, assistants to, appointment, compensation and duties. Act 752. Coroner, stenographer to, Act 753. Costs in, Act 3204. County clerk in, Act 3205. County clerk in to keep his office open on election day, Act 3206. County clerk, deputies, assistants and copyists of, Act 828. County clerk, deputies and assistants of and their salaries. Act 3207. District attorney of, office of, Act 3211. District attorney, assistants and clerks in, Act 943. District attorney, authorized to appoint second assistant, Act 3210. Dupont Street, widening of, Act 3213. Dupont Street, preservation of name of, Act 3212. East Street, harbor commissioners authorized to sell, condemn, and acquire adjacent lands, Act 1428. East Street, harbor commissioners authorized to rectify align- ment, Act 1428. East Street, jurisdiction of harbor commissioners extended over, Act 1427. East Street, width of, Act 3214. Elm Street in, closing of, Act 3215. Fares, rates of on street railroads in cities over 100,000, Act 2929. Fees in, Act 3346. Fees in, regulation of, repeal of act, Act 3346. Fees of jurors and witnesses in, Act 3217. Fees, manner of paying in cities and cities and counties over 100,000, Act 1121. Ferry and passenger depot of, bonds for constructing and fur- nishing, Act 1426. Fifteenth Avenue extension, opening of, Act 3218. Fire commissioners, appointment of messenger by supervisors. Act 3222. Fire company, exempt, authorized to receive and manage cer- tain property, Act 3226. Fire company, exempt, president and secretary authorized to administer oaths, Act 3225. Fire department, compensation of secretary, Act 3224. Fire department in, reorganizing and regulating, Act 3221. Fire department, paid, provision for, Act 3220 Fire department, paid, reorganization and regulation of, Act 3221 Fire department, paid, support of disabled members, Act 3223. Fire department, salaries of officers of, Acts 1180, 11S1. Fire marshal, appointment of, Act 3219. Fishermen, ha.rbor commissioners to set off portion of water- front for, Act 3230. Free public market on water-front, establishment of, Act 3228. Free dispensary in, establishment and maintenance of, Act 3227. public maxke' In, harbor commissioner* authorized to Fund s authorised to eompromlse elatms and Fund 1 to transfer certain funds ■ Fun.', i, sales and conveyance* by aathor- Cns. - quality, * : ■wan* land comrolssion- .tn lnnd to. Art 1372. -k nu:h over Gold- k. eotnmla I to receire gifts. Hamilton ' lands in confirmed. llHrt Highways In, repair and I t », and levy a tax therefor. Act • mint nod utiliiation of labor. Hunting and slum ting o: i-rounds In let Incorporation ai I lea 'of In. In- • In. in upon isori, •••ani-boilers, and steam tank*, appointment of, I, for criminal courts Itali.. \ • . k, Jurisdiction of giveD harbor commissioners. Act Judgments aga and count "'.000, bow paid, Judgmi nis. qu ■ to lands in. authorized to I Jurors In, ion In. organization and regulation of. Act Justice'! court In, regulatii • 3246. Justlci s' court In, Bummoj Law librarj ■XI. I farilitatint 31'49. SAX FRANCISCO. 1685 Manufacture of acids and explosive chemicals, Act 3251. Mayor of. salary of clerk of. Act 3252. Mission Creek, acquiring lands contiguous to, Act 3321. Mission Creek, canal through. Act 3198. Mission Creek declared navigable, Act 3263. Mission Creek, vacation and sale of certain parts of, Act 3321. Montgomery Avenue, grade of. Act 3254. Montgomery Avenue, opening and establishing. Act 3257. Montgomery Avenue, orders relative to street work on ratified, Act 3255. Montgomery Street South, establishing and opening, Act 3256. Morgue, public, in. Act 3258. Mutual real estate company, surviving trustees authorized 10 make sales. Act 3259 Normal school, establishment of in. Act 3557. Normal school, site and building for. Act 3535. North Beach and Mission Railroad Company, certain privileges granted to, Acts 24S9. 2490. 3260, 3261. North San Francisco Homestead and Railroad Association, commissioners of swamp lands authorized to convey lands to. Act 2495. Notary, additional for, Act 3263. Notary, additional to reside at Presidio, Act 3264. Notary, additional, to reside at Yerba Buena Island, Acts 3262, 3265. One twelfth act, Act 3329 Order No. 800 quieting title to lands in, confirmed, Act 3270. Order No. 8S3, for exchange between and Edward Tompkins, confirmed, Act 3272. Order No. 1004, confirmed, Act 3273. O der No. 1404. confirmed, Act 3274. Order '-enuiriris fencing lots and to prevent drifting sand, con- firmed, Act 3273. Or^irnnce Xo 846 onfirmed. Act 3271. Ordinance, Van Xess. ratification of. Act 3332. Orphan asyluers authorized to b'nd children as apprentices, clerks and servants, Act 214. Park commissioner, creation of office of, Act 3285. Park purposes, reservation, for, Act 3286. Perry, Sallie C ., claim of state to certain tract quitclaimed to, Act 4030. Pharmacy, regulating practice of, Act 3277, 327S. Point Lobos Avenue, authority of park commissioners extended over, Act 3276. Police court, creation of, Act 3282. Police court, additional creation of, Act 32S1. Police court, prosecuting attorney authorized to appoint clerk, Act 3283. Police department, appointment of members of, Act 2732. Police department, salaries of officers of, Act 2732. Police force, increasing and regulating, Acts 3279, 3280. Prisons, authorized to make alterations in, Act 3284. Quarantine for, Act 3287. Registration of voters, Act 3216. Reservations for park and reservoir purposes, Act 3286. Reservoir purposes, reservation for, Act 3286. Resolution No. 11,900 confirmed. Act 3275. Roads in, repair and improvement of, Act 3288. Sailor boarding-houses, regulation of, Act 3289. Salaries of clerks appointed by supervisors, appointment of. Act 3290. MM Sales of perishable products on whnrves, permit of hnrb«r Sale of perlsha > i 3345. Pan Francisco n and K. 1 ■ ••yance San : indlin| Asylum, Mayor autl • I J87. Seawall In. male bonds of, submhRlon of proposal to el Act Seventh street, grn' Itryant and Draunnn streets es- Lnb! SMC Seventh Sewer In. I m In. repairs <>f. ■ and facilitated In case of Bhn: .mUiorlslm conveyance to ratified. » by legalized. Arts road Atsoclatlon. con- 2SM. ! States, payment nvey nguous t<.. riinnl through. ■ .::i parts of, ... ■ Act SMI . I t 3547. Ins, Act I »ori SAN FRANCISCO. 16S7 Streets, Montgomery street south, establishing and opening, Act Streets, ordinances relating to street work, ratified, Acts 3266, 3267. Streets. Point Lobos avenue, authority of park commissioners extended over, Act Street, repairs in, Act Street repairs, authorized and facilitated in case of urgent necessity, Act Streets, resolution No 11.900 relating to confirmed, Act 3275. Streets, Seventh street, grade established between Bryant and an streets, Act 3296. Streets, Seventh street, opening of. Act 3295. Streets, Sixth street, opening and establishing, Act 3297. Streets, superintendent of. further powers granted to, Act 3310. Streets, supervisors authorized to cut, fill and grade certain streets, Act 3319. Streets, supervisors granted additional powers in relation to accept) '. stn ■ ts, \ • Streets, supervisors granted certain powers as to. Act 3313. Streets, Townsenl street, orders relating to grading of rati- fied, Act Streets, Van Ness avenue, improvement of, Act 3333. Streets, Valencia street, supervisors authorized to open, Act 3330. Superior judges of may appoint secretary, Act 845. Supervisors, additional powers conferred on, Acts 3314-3321. Supervisors authorized to cut, fill and grade certain streets, Act 3319. Supervisors appropriation from general fund for urgent neces- sity and other purposes authorized, Act 3318. Supervisors, expending unexpended balances, Act 3322. Supervisors granted certain powers as to streets, Act 3313. Supervisors granted additional powers in relation to accepted streets, Act 3320. Supervisors granted powers to complete all main intercepting sewers, Act 3311 Supervisors, powers of as to contracts. Act 3312. Taxes, assessment and collection of on personalty, Act_3323. Taxes upon personalty, act relating to repealed, Act 4051. Tehama street, opening and extending of. Act 3324. Titles in, settlement of, expedited, Act 332G. Townsend street, orders relating to grading of ratified, Act 3268. Training-ship in, establishment and maintenance of, Acts 3327, 332S, 4125. Treasurer, additional powers conferred on, Acts 3321, 3322, 3314. Treasurer, further powers conferred upon, Act 3193. Treasurers, deputies and clerks in cities over 200,000, Act 4135. Treasury, expending unexpended balances, Act 3322. Treasury, one-twelfth act, Act 3329. Valencia street, supervisors authorized to open, Act 3330. Van Ness avenue improvement of, Act 3333. Van Ness ordinance, ratification of, Act 3332. Veterans' home, directors authorized to exchange or lease lands in, Act 4285. Water-front of, compromise of litigation concerning, Act 3343. Water-front of, description of, Acta 3334, 3335. Water-front of, title to property on confirmed, Act 3339. 1688 SAN FK \N 70AQ1 IN OOTJNTY. of, Art 3338. Wa) r r r 1 1 line of, sale of property of state within, Arts 3336, r-front 1( ts. conveyances of certain to William Srhalle au- thorized. Act Water rates In. . s-ablishln«, Act 3340. ■ if first class authorised to obtain. Act W;it r-works fur. providing and maintaining. Acts 3341, 3343. Wlini BAN FRANCISCO BAY, quarantine stations In. p. 740, 5 182. SAN LADIES' PROTECTION AND REUS? RO- ol lot to. by San Eranclaco authorized. I I.WV LIBRAS BANITARY DI8TRICT8, bead*, Issuance of. Act 3349. yui.iit of •iisposal of pro 349. •hdity of, determination of. Act 3349. D of. Act Kl. Ction In. lot 3349. I I ■ 5 5. H4S. Tax> custody and disbursement Of, Act 3349. \KV LAW8: Bee rut, He ii. I workshops. Acts 1098 2139, \ COUNTY, additional Judge provided for. Act 3386. Au! offlelo Is . r rels. Act 3363. vision, In, bounty for destruction of. Act 33C3. f right of way for canal froni - Act 3353. Highways In. Act onstructtOB of by certain parties. Act 3364. habitants authorized to form reclamation Officers of, salaries and compensation of, Arts 3360. 336L Phonographic rep irter In, appointment of llO reporter, dill Main lands from overflow, Act 3336. Public wham a In, ! ■ • 3365. authorised to levy special tax. Art | Bqulrrela In, bounty for destruction of. Acts lsfi, 3363. ■ No IT, additional powoxs conferred on. Act Swamp laud distriet No 2.1. localizing Act 2962. SAN JOAQUIN C( L'STY- SAN LUIS OBISPO. 1<»9 Tax collector, treasurer ex officio is, Act 3365. Treasurer ex officio tax collector. Act 3365. Trespassing of animalf in, Act 1071. Union Island reclamation districts, creation, organization and government, Act 2970. Squirrels, destruction of, Act 1S7. SAN JOAQUIN RIVER, r'. clared navigable, Act 3370. Ferry, establishm°n'/. of in Stanislaus County, on San Joaquin River, Act 37CJ Highway, establish i»«nt of, on, Act, 3761. Navigability of, Act 4358. Navigation of, impiovement of, Act 3S11. Spark-catchers, u; e of on steamers. Act 3S8S. SAN JOAQUIN VALLEY RAILROAD, certificate of incorporation validated, Act 563. SAN JOSE, board of health in, Act 3378. Bonds to provic2-s for sewerage. Act 3370. Charter of, Act 1 ?) 3375, 3377, note. Construction of telegraph line from, to San Bernardino, Act . 4052. Fire department of, Act 3380. Law library in, Act 3381. Market Street, opening of through Market Square, Act 3382. Normal school, repairs to, Act 3534. Normal school at, trustees authorized to reconvey tract to city for library, Act 3558. Public park, certain lands declared to be, Act 3383. Reincorporation of, Acts 3376, :;:J77. Santa Clara Avenue, act concerning, Act 3383. School trustees authorized and empowered to erect a high school building, Act 3384. Sewerage of, bonds for issuance, Act 3379. Streets in, opening, widening and extending, Act 3385. SAN JOSE DE GUADELOUPE, navigability of, Act 4358. SAN JUAN, incorporation of, Act 3390. SAN LEANDRO, incorporation of, Acts 3395, 3396. RAN LEANDRO CREEK, navigability of, Act 4360. SAN LUIS OBISPO CITY, bonds of, is-suance and sale of, Acts 3420, 3422. Bonds of, substitution in lieu of bonds of town, Act 3421. Incorporation of, Act 3418. Police judge of, Act 3423. Reincorporation of. Act 3419. Roads in, Act 3424. Streets in, Act 3425. Title to lands in, settlement of, Act 3425. 'JAN LUIS OBISPO COUNTY, animals of another, wounding in, pun- ishment of, Act 1593. Animals, trespassing in, Act 3401. Boundary line between San Luis Obispo and Kern countf.es, locating, Act 818. Bounties for destruction of wild animals in, Act 189. District attorney, fees and compensation, Act 3404. Fees in, Act 3402. Fees of district attorney, Act 3404. Fees of recorder of. Act 3402. Fences, division, in, Act 1138. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. 1690 SAN LUIS OBISPO COUNTY SANTA I3AKBARA COUNTY. Growing timber on private gr nil Hon of Act 1577. Hides of slaughtered cattle, keeping of. Act i^j Hunting on li LS93, 1577. Inclosun - ring them open. Act 1593. lonal, for, Squirr. Is, destruction of, Act 187. Squ nation of. Acl 8486. nted from running at large in. Art ie<:t. imp land fund, trai.-fi r of I Til. ' | public grounds and granted to publir Tr. rvi.-ors may empower appointment of. s\N PEDRO, pilots, appointment of at, Ac S\N QUBNTIN "lis. BAN R vt'AKU in. orpor tion of, SANTA BARBARA of 3349, common council, addl- '., Act 3451. Conv • tery Association confirmed, Grants by ajruntaml v I -153. town land I, Act 3454, ! Ordinance IT relatii g to certain blocks and plazas ratified. Ptrerts In, laying out, opening and Improving. I Trustees of, pi edings ol I, Art 3452. • TY. animals, t. . in. Act M ■ y clerk of. Act SANTA BARBARA COUXTY-SAXTA CRUZ CITY. 1691 Deeds acknowledged and recorded by C. C. Cook validated. Act o4uo. Fences in, Acts 1134, 1135. Fences, division, in, Act 1138. Growing timber on private grounds, destruction of prevented, Act 15*7. Hides of slaughtered cattle, keeping of, Act 182. Hunting on private inclosed grounds in, prevention of, Act 1577. Notaries, additional, for, Act, 2501. Officers of, salaries of, Act 3465. Proceedings of, legalized, Act 34G9. Roads in, Act 34C6. Road districts, special, in. Act 3467. Road fund in. Act 34G7 Squirrels in, extermination of, Act 3468. Trespassing of animals in, Act 1071. Water commissioners for. Act 4365. Waters, overseer to regulate, Act 4365. SANTA CLARA CITY, authorized to take and hold In trust for inhabitants lands granted by congress, Act 3474. Reincorporation of, Act 3473. Trustees of home for feeble-minded children authorized to quitclaim certain realty to trustees of, Act 1114. SANTA CLARA COUNTY, Alameda road, construction and protec- Arroyo del Medo declared navigable, Act 240 Artesian wells, regulation of and prevention of waste n 41 § 7; Act 34S0. ' ' Assessor made collector of poll-taxes, Act 34S1. Auditor, seal of office, Act 3482. Auditor, supervisors to pay certain moneys to Act 3483 ; Coroner of, Act 3484. County clerk, fees of, Act 34S5. County clerk, supervisors to pay certain moneys to Act 3483 Fees of county clerk, Act 3485. Fees of officers of, Acts 348S, 3489. Fees of recorder of, Act 3190. Firemen, exemption of from poll taxes, Act 3486. Hides of slaughtered cattle, keeping of, Act 182. Highways in, Act 3495. Notaries, additional, for, Act 2501. Officers of, fees and salaries of, Acts 3188, 34S9. Poll taxes, exemption of firemen from, Act 34S6. Recorder of, fees ot, Act 3490. Records, complete, keeping of, Act 3494. Records of legalized. Act 3491. Records, Spanish, translation of into English, Act 3492. Records of, transcribing, Act 3493. Roads in, Act 3495. Roads, public, protection of, Act 3496. Santa Clara Avenue, opening and improving of, Acts 3497, 3498. Saratoga Avenue, opening of, Act 3497. Squirrels, destruction of, Act 187. Stallions prevented from running at large in, , Act 1063. Streams, unnavigable, supervisors given powers over. Act 3499. Superior judges, increasing number of, Act 34S7. SANTA CRUZ CITY, incorporation of, Act 3505. Reincorporation, Act 3504. Water pipes in, Davis & Cowell authorized to lay, kct 3506. 16D2 BANTA CRUZ SCHOOLS. SANTA ORUe BOUNTY, animals of another, wounding In, pun- ishment ol providing r, Act 3511. land tltl..i in. Act 408. ■ Of si), riff f, pn vontlon of. Ar* tion of. A Hunting on Inclosed larnl In, prevention of, Art ' vtnK open. Art | Jurors In Justl. I ■ i -mrt Oil of lands for. AC • of line o' Sheriff, f. Bgu • • • ■ Mfc Snr\ i • I. of. Arts bile, nomr of cl I I s.mta ntta, Art SAM ! dutlM of. Act 3&3S. ■ ration, A inn. NQS BAN] SAWMILLS lunch hour for laborers In mills and lojcKln* camps, SCHOOL OF INI 'l BTRT: B D Srhool of Industry. OL LA NDI BCHOOL OF Rl o\. Ool eo of th. Annul lrawal of ni Hon of control by tru i S3 4 et ■ • : of In it|es. ' Di; fund, l m i ' istratlon of, Act 35M. llaorj att SCHOOLS. 1693 Compulsory school law, Act 3573. Contra Costa County, distribution of school moneys in, Act 725. Courthouse school district, Sonoma County, re-establishment. Act 3547. Deaf, dumb and blind child, compulsory attendance and duty of parents, Act 3574, § 10. Distribution of school moneys in certain counties, Act 3542. Enforcement of educational rights of children, Act 3573. Funds of school districts, preservation of after change in con- stitution, Act 3579. Gifts and donation to, encouragement and protection of, Acts 4162, 4163. Grass Valley school district, board of education, Act 3541. High, apportionment of fund in event of calamity, Act 3553a, § 5. High, boards, meeting place of within cities, Act 3552. High, bonds of, registration of, Act 3536. High, condition of receiving state aid, p. U50, § 9. High, county, establishment of, Act 3551. High, county, support of, Act 3551. High, establishment of, Act 3549. High, fund, creation of, Act 3553a. High, fund for, creation of, Act 3553a. High, fund for, and distribution of, Acts, 3553, 3553a. High, funds, distribution and apportionment, Act 3553a. High, funds, duty of controller. Act 3553a, § 10. High, funds, duty of treasurer, Act 3553a, § 11. High, in cities, legalizing establishment of, Act 3550. High, in cities, maintenance and support of, Act 3550. High, joint union districts, reports of principals, Act 3553a, § 6. High, joint union districts, report of superintendent, Act 3553a, § 7. High, joint union districts, requisitions against funds, Act 3553a, § 8. High, report of principal, Act 3553a, § 6. High, report of superintendent, Act 3553a, § 7. High, requisition against funds, Act 3553a, § 8. Incorporation of institutions of learning, science and art, Act 633. Interest on state, bonds held in trust for university and school funds, payment of, Act 374. Kings River Switch school district, portion of attached to Kingsbury school district, Fresno County, Act 3548. Military academy: See Military Academy. Millville school district, Shasta County, census of, Act 3544. Name of school district, changing. Act 3568. Normal, repairs to San Jose, Act 3534. Normal school at San Jose, trustees authorized to reconvey tract to city for library, Act 3558. Normal school, branch, establishment of in northern California, Act 3555. Norn i pstablishment of branch at Los Angeles Coun- ty, Act 3551. Norma, bouuui, state, establishment of in San Diego County, Act 3556. Normal school, state, establishment of in San Francisco, Act 3557. Parental schools, Act 3574, §§ 6 et seq. Parental schools, joint, establishing. Act 3574, § 8. Preston school of industry: See Preston School of Industry. . ints. Act : Putah srlj ' Act RattI Rellm;i. : rights h of after change In o nstltlltlOD, Act trlct, SIsk:> • ■ au- tbi Slski- ■ ting and ........ i-ntlon of ; \ 4 and custody of. Act 3560. Dtmeot and Ml • itits in various com 1 hnlc school, Act 5 :. salaries and expenses In various counties: See tie*. women eligible to offl' f, p H3. i 5*. setting off portion of for -a' annult : : of i-on- :nas, continuing In force. Act it iu first Truair ' ' ' 74. 55 6 *' 54. ■initiation of val.dity authorized Act Is of registration of, Act 3536. iTlces, Acts 2542, 3576. ; I Visu school SCHOOLS. 1S9S Cities of first class. Bids and contracts, how made- and awarded, p. 763, f 253. Board of education, election of and term of office, p. 760, § 247. Board of education, meetings, p. 760, § 247. Board of education, member not to disburse school moneys, p. 7C9, § 272. Board of education, members not to receive gifts or gratuity, p. 769, § 272. Board of education, number of, p. 760, § 247. Board of education, powers enumerated, pp. 761-T63, § 249. Board of education, qualifications of members, p. 760, § 247. Board of education, quorum, p. 760, § 247. Board of education, records, public, p. 760, § 247. Board of education, rules, p. 760, § 247. Board of education, vacancies, filling and term of appointee, p. 766, § 261. Claims and demands, pp. 767, 768, §§ 265-269. Contracts, limitation on power of, p. 768, § 269. Contracts, officers not to be interested in. p. 764, § 254. Demands, allowance and approval of, p. 696, 5 94. Demands, remedy on rejection of, p. 699, § 99. Estimate of expenses, p. 768, § 270. Evening scli <>ls, p. 764, § 256. Expenses, limit upon, p. 768, § 270. Funds, p. 694, § 4; pp. 766-768, §§ 263, 267. Oaths, what officers may administer, p. 763, § 250. Records, p. 764, § 256. Reports, annual, p. 764, § 255. Reports, quarterly, of directors, p. 763. § 251. Rules, p. 764, § 256. Regulations, p. 764, § 256. Sectarian schools not to receive school money, p. 769, 5 271. Superintendent of, p. 760, § 248; pp. 765, 766, §§ 257-260, 262. Superintendent, clerk of, appointment and salary, p. 765, § 258. Superintendent, salary of, p. 652, subd. 14. Superintendent, vacancy, filling and term of appointee, p. 766, § 262. Supplies, how furnished, p. 763, § 252. Taxes, audited bills reeeiv-ible for, p. 768, § 268. Tax, levy and limit upon, p. 768, § 270. Cities of second class. Board of education, directors, election and term of office, p. 797, § 410. Board of education, government of schco'.s vested in, p. 797, 8 410. Board of education, meetings, p. 798, § 411. Board of education, number of members, p. 797, § 410. Board of education, organization, p. 798, § 411. Prard of education, powers of enumerated, p, 798, § 412. Board of education, quorum, p. 79S, § 411. Board of education, rules, p. 798, § 411. Board of education, secretary of p. 802. § 417. Board of education, vacancies, filling of. p. 798. § 411. Boards of examination, powers of, p. 801, § 416. Claims, procedure on. p. S04, § 423. Contracts in which officers interested, effect of, p. 801. § 415. Contracts, letting of, p. 801, § 414. Contracts, officers not to be interested in. n. 801. § 415. Debts not to be in excess of income, p. 804, § 424. )6 SCHOOLS. Demands, payment of, p. 801 5 124. Demands, president of board may administer oaths, p. 800, § 413. Examinations for certificates, p. 801, § 416. Funds, p. 803. § 121. Funds, certifying amount of by county auditor, p. 804, 5 425. Funds, how expended, p. 803, > Funds, moneys received from stiite used for primary and grammar school, p. 805. | Funds pavment by county treasurer to city treasurer, p. 805, § 426. Bup< rintendent and assistant, salary of, p. 773, § 307. Superintendent, duties of, p. 802, 9 ll'.i. Superintendent is - I board of education, p. 802, § 417. Superintendent, report of, p. 802, § 418. Superintendent, vacancy, filling of and term of appointee, p. Teachers to have certificates, p. 801, § 416. Cities of third class. Board of education, actions by and against, p. 826, S 574. Board of education, g verned by, p I 1 of education, meetings, p, Board of education, powers of enumerated, pp. 823-825, §§ 573, 674. Board of education, president, powers of. p. 826, 5§ 576, 677. Board of education, quorum, p. 823, § 572. Board of education, reu ids, p. 823, § 572. Board of education. - r >08. Board of education, term of office, p. Board of education, vacancy, filling and term ■ ktee, p. 823, § 571. Board of education, witnesses before, p. 826, § 577. Claims and warrants, p. 826, 5 578. Compensation, act without, p. 807, E County treasurer to pay moneys to city treaaureifl, p. 825, 5 Revenue from state applied to primary and grammar schools, p. 826, § 578 Separate school district constitute, p. 822, § 570. Superintendent, -alary of, p. S07, § 506. Teachers, eligibility of, p. 808, § 508. Trustees, eligibilty of, p. 808, § 508. Cities of fourth class. Advertisement for supplies, p. 861, $ 712. Board of education, consists of whom, p. 861, 5 710. Board of education, election of, p. 'dCl, § JM. Board of education, members act without compensation, p. 831, j 608, Board of education, powers of enumerated, p 861, § 713. Board of examination, to visit schools, i> 9S5, S 716. Claims and demands, p. 866, §§ 713, 119. Funds, p. S65, § 717. Rules and regulations governing, p. B65, 5 716 Superintendent, election and term of office, p. 838, § «>0Z. Superintendent, powers and duties of, p. 861, 5 ill. Teachers and certificates, pp. 864, 8C6, SJ fl4, 716. Trustees, election and term of office, p. 828, J 602. SCHOOLS-SEWERS. K'J' Cities of fifth class. Board of education actions by and against, p. 88S, § 799; Board of education, compensation, act without, p. 888, § 797. Board of education, election and term of office, p 867, § 752. Board of education, governed by, p. 887, § 795. Board of education meetings, p. 888, § 797. Board of education, powers of enumerated, p. 8SS, § 798. Board of education, president, powers of. p. SSO, §§ SOI, 802. Board of education, quorum, p. 8S8. § 797. Board of pdmation, vacancy, filling of and term of appointee, p. 887, § 796. Board of education, witnesses before, p. 890, § 802. Bonds, authorized to issuo for lots and buildings, Act 3566. Bonds by districts partly within, Act 3507. Bonds issuance of by districts in for School purposes, Act 3507. Claims, demands and warrants, pp. 890, 891, §§ 801, 803. Form separate district, p 887, § 795. Funds from state or count v applied to primary and grammar schools, p. 891, § 805. Inclusion of outside territory, p. 887, § 795. Secretary, duties and compensation of, p. 891, § 804. Treasurer of city, moneys to be paid to, p. 890, § 800. SCOTT'S VALLEY SCHOOL DISTRICT, in Siskiyou County, trus- tees, authorized to borrow money, Act 3540. SEA GULLS at Santa Monica, protection of. Act 1315. Killing of within five miles of, prohibited, Act 3525. SEALS, validation of writs, process and certificates issued before courts have seals, Act 2791. SEAMEN: See Shipping. SECRETARIES, Uiiited States secretary, assault upon, punishment of, Act 693.' United States secretary, conspiracy to commit any crime against, punishment of, Act 693. SECRETARY OF STATE, janitor's clerk, appointment and salary of, Act 3584. License tax upon corporations, duty in relation to, Act 757. Keeper of the archives, to appoint. Act 1779. Keeper of archives, salary of, Act 3585. SEDUCTION, punishment of, Act 3590. SENATE, senatorial districts. Acts 1905-1090. SENATORS, United States: See United States Senators. SENTENCE: See Preston School of Industry; Whittier State School. Parole commissioners, creation of board for parole and govern- ment of prisoners, Act 3SG6. State prisons: See State Prisons. SEPARATE PROPERTY, married women, of, protection of, Act 2111. SERVANTS: See Master and Servant. SERVICE, mileage for service of papers or process issued outside of county, p. 318. SETTLERS on public lands: See Public Lands. SEWERS, appointment of person to supervise construction and compensation ot, p 1310, § 35. Cities authorized to incur debt to construct sewers, Act 2361. Gen. Laws— 107 UN Cities of third class, sowers In, provisions relating to, pp. 811- Cleaning of, p. 1804 Construction of. Construction of by sanlt:iry districts. Act ^3 19. Construction of In cities, Act Construction of proceedings, p. 1303, { 24; pp. 4305-1307 §5 27-33. Construction of under local Improvement act of 1901, Act 302'.t. Districts cities, establishment and main! Acts . Ext> Vtlon of main intercepting sewers, power given supervisors, Incur lies. Acts 22111. 2900. Sanlt , 'ruction of. Act 3349. Supervisors authori/ Bapeniaon U ithorized to main Intercepting sewers. SHARP, QEORGB F.. ordinance authorizing conveyance to ratlfl' 1. BHASTa COUNTT, additional superior Ju I Anlnuils of another, wounding in, pui bound. try line en Shasta and Plumas counties, Act 814. y of. Act '.♦45. 1)37. ' I Pond id fund to ■ w.iys In. ' "•'05. Act Mtllvlllo Roads in, Act B In, distn \ I R41 I • Stall Tagg. irt. Grant I., authorized to cerl ords, Tramroa a, Incorporation of In, Act 4130. SHASTA TOWN OP, hot running at large In, BHEB1 ' on petiiioi t killing 01 >5 4. 5. Il> Hi rdli g of In pari; He. I : Ion of ofli Inspector. .tnieut aud compensation, • SHEEP— SHIPPING. 1633 Inspector, deputies, powers and duties Act 3C20 Inspector, powers and duties, Act 3C0 Marks or brands, reports of, p. 1208 J 10 Particular counties, in: See Particular Title P ° We ited, f A U ct e So° rS t0 imP ° Se UC ' enSe ° n :sheep business "m- ProtectioA^f from ravages of dogs and other animals, Acts Scab, suppression and prevention of Act 3C20 Scab, violation of act for prevention' of, punishment, Act 3620 Sheep^commissioners, supervisors authorized to appoint, Act Stray, proceedings in case of, p. 120S, § 12. SHERIFFS badge of office, supervisors to furnish to sheriff and deputies, Act 3628. fenerirr and Bond of, p. 146, § 66. Bonds of: See Bonds. Compensation for carrying insane persons or prisoners, Act Coroner, when discharges duties of, p 1H6 § 147 Deputies, additional, in counties where judges increased d 3^ Deputies and assistants in various counties: See Counties Deputies not to practice law or have law partner p 146 8 BR Expenses for property seized on attachment or execution and DOW p3lu P 316. Expenses for pursuing criminals or transacting business out of county, p. 315 Lbs ouc Fees of, generally, p. 409. Insane person, compensation and allowances of sheriff for cnn veying, p. 316. Justice's court, in: See Justices Court. Law, not to practice or have law partner, p. 146 § 65 Mileage for service of papers or process issued outside of county, p. 316. Office hours, p. 145, § 61. Outgoing, p. 153, § 103. Particular counties, sheriff in: See Particular Title- see also Counties. Party, service of process where sheriff is, p. 154, § 104 Prisoners, allowance to sheriff for boarding, pp. 315, 31c Prisoners, sheriff, compensation and allowances for carrviu" to state prisons, p. 316. Photographs and description of discharged convicts giving to sheriffs, Acts 738, 2767. Powers, duties and liabilities enumerated, pp. 151-155, §§ 88- 105. Salary of in various counties: See Counties. Supervisors, duties in relation to, p. 135, 5 27, 29. Wardens to furnish descriptions of convicts 'to, Act 738. Wardens to furnish information concerning convicts to, Act SHERMAN ISLAND, roads on, protection of, Act 3633. SHIPPING: See Navigation; Yacht Clubs. Buoys and beacons, protection of, Act 435. Duties of masters of vessels in relation to passengers arriving Act 15S7. Mooring to buoys or beacons prevented, Act 4354. Seamen, preventing enticing to desert, Act 3638. Spark-catchers, use of on steamers. Act 3S88. Throwing ovei board of ballast prevented, Act 4354. Wrecks: See Wrecks. 1700 ilTHVND REPORTERS- SNE1.UXO. • - In cities mi ■ and rounds nvrr 100,0060 B1CR SII:i:I:A O Imals-of another, woundlnp in. punishment of. 593. As- T;. in treasurer, of officer Feno i if, prevention of. Act 1591. ■ Road dlstrirts maa counties, right to construct. Act Koad poll •iK nt larwe In. Ait 10*3. Trea in '». Act 3447. s nn.l Mining. ftlON | | h of. Act 2550. SILK CI I ihllshmcnt of. ArU 36W, J6S9. SISKIYOU COl M V, animals of another, woundln* In, puulshment I - In. Act* semi-annual payment of .ntle* of Del 90*. m poll tax. Act 4061. ■ lluntii*; on Inclow d land In. prevention of, Act ir^5 \!n< open. Act IBM. Etna, Act sou. I .".39. iuthorl«ed to borrow • 816. I from running at lar*;'- In. Act 106J. i In, Act 3667. < - for. Act I SMITH, MYRON, U( to. and J. P. CnunU SMITH RIVER, nnvW • . • .1 to sail eour< house block aud buildings In, Act I SOCIETIES— SONOMA COUNTY. 1701 SOCIETIES, society ror prevention of cruelty to children, Incor- poration of. Act 1618. See Associations; Unincorporated Societies. SOLANO COUNTY, agricultural interests, developing, Act 3677. Auditor, duties and compensation of. Act 3684. Auditor, recorder ex-offlcio is. Act 3682. Branch county jail, establishing and maintaining, Act 3680. Canal const ruction of in Colusa, Solano and Yolo counties, Acts 531, 3677, 4449. County clerk, dities and compensation of, Act 3684. County seat, location of, Act 3678. District attorney, duties and compensation, Act 3684. Fences, division, in. Act 1138. Highways in, Act 3679. Notaries, additional for, Act 3681. Officers of, salaries of, regulation of. Act 3683. Recorder, ex-ofncio auditor, Act 3682. Records of, legalizing, Act 36S6. Records of, transcribing of authorized. Act 3687. Road tax, supervisors to levy, Act 3685. Sheriff, duties and compensation of, Act 3684. Sonoma and Solano counties, certain records of transcribed to Napa County, Act 2404. Supervisors authorized to approve petitions to form reclama- tion districts, Act 2971. Suscol rancho, title to lands in quieted, Act 3688. Trespassing of animals in, Act 1071. Water commissioners for, Act 4365. Waters, overseer to regulate, Act 4365. Woods Island, Sacramento County, annexed to Rio Vista school district. Act 3540. Yolo and Solano canal district, formation of to protect lands from overflow by Putah Creek, Act 2905. SOLDIERS AND SAILORS: See National Guard; Veterans' Home. Burial of ex-union soldiers, sailors and marines dying without means, Act 3693. Claims against state of soldiers serving in Indian wars, audit- ing and examining, Act 1607. Homes for widows, orphans and army nurses. Act 3694. License, permitted to sell goods without, Act 3692. Liquors, sale of in vicinity of soldiers' home, prevention of, Acts 1692. 3696. Pension matters, no fees to be charged, Acts 829, 1122; p. 321, § 227. Preference in public service to ex-union soldiers, sailors and marines, Acts 2893, 3696. Revision of records and publication of, Act 520. SOLE TRADERS, married women authorized to do business as, Act 2108. SONOMA CITY, boundaries of, Act 3704. Commissioners to cairy into effect act validating acts of former commissioners, Act 3703. Conveyances of certain pueblo lands confirmed, Acts 3701, 3702. Incorporation of, Act 3704. Mission at, gift of to state, Act 2298. SONOMA COUNTY, animals, pound districts in, Act 3713. Apportioning school moneys in. Act 3539. Courthouse school district, re-establishment, Act 3547. Fees of officers, Act 3711. no: SONOMA CO: NS. Fees of of sheriff f. Ac! ITU. iy. gift to state, Ad Grow , * j.rlvate grounds, destruction of pre\ A. t srajri In, Arm 3719, Banting on privote Inclosed grounds In, previ ntlon ol ■ appointment of, Act Pound districts In Art 3713. n of, Aet ' ■ !!12. Sonoma and Solano com I • Stiill . ' authority to rhang. of highway 1112 Sur\ Tr- r-nsh In, Act : • 1329. R. navigability of. A tir» department of, establishment of. Act '. part of, declared a state high- way A i -"I i HER] -»nc. BOUTHBRN ■ SOUTHERN PA< ILROAD COMPANY, congreaaIon< 1 1 1 ■ ■ t z. 1 1 of road, giving eff< 1CAN WAR, rights of members of National Guard . in. Art M SPANISH (..RANTS, preservation of p.>i n>g to Spanish land claims. Act 3744. I of on steamers. Act 8888. SPECIAL COUNSEL, Mip> rvlsors In counties of second class may 3 169, si ■ SPECIAL NS, ails touctruiug. Act 1019. SPECIAL PARTNERSHIP— STATE. 1703 SPECIAL PARTNERSHIP, formation of, Act 2624. SPUR TRACKS, construction of in cities, authorized, Act 2334. Permit revocable, Act 2334. SQUIRRELS, destruction of. Acts 186, 187, 188. Destruction of in particular counties: See Particular Title. STABLE KEEPERS lien on livestock kept, fed or pastured, Act 1947. STALLIONS, liens of owners of where used for propagation, Act 1948 Limits of keeping of unless inclosed from view, Act 3749. Particular counties, in: See Particular Title. Prevention of running at large in various counties, Act 1063. STAMPS: See Labels; Marks and Brands. STANFORD UNIVERSITY, exemption of certain property from taxa- tion. Act 3754. Seal, Act 3755. Trustees granted corporate powers and privileges, Act 3755. "* Trustees, organization, by-laws, etc., Act 3755. STANISLAUS COUNTY, agriculture, protection of, Act 3760. Animals, trespassing of, distraining of, Act 3760. Animals, trespassing of, on private property, prevention of, Act 1069. Coroner in, Act 3763. County clerk and recorder, separation of offices of, Act 3764. Ferry, establishment of in, on San Joaquin River, Act 3761. Funds, swamp land funds, transfer of to general fund, Act 3769. Gophers in, destruction of, Act 186. Highway, establishing on San Joaquin River, Act 3761. Publio administrator in, Act 3763. Recorder and county clerk, separation of offices of, Act 3764. Road poll taxes, collection of, Act 3768. Salaries of certain officers of, Act 3764. Squirrels in, destruction of, Acts 186, 187, 3765. Stallions prevented from running at large in, Act 1063. Superintendent of schools in, Acts 3763, 3766. Superintendent of school, office for, Act 3767. Treasurer of, salary of. Act 3770. Witnesses' fees in. Act 3771. STANISLAUS RIVER, public ford across and public road to, Act 3776 STATE, actions against, authorized, Act 3791. Actions against for bounties on coyote scalps authorized, Act 3792. Actions against to quiet title to certain land authorized, Act 3793. Actions against, to quiet title against claims under inheritance tax law, Act 4036. Actions against, procedure in, Act 3791. Assent to reservation by Congress for public park, Act 3785. Assent of, to act of Congress applying proceeds of public land for college, Acts 634, 3786. Attorney-general authorized to bid in property on judgment in favor of state, Act 265. STATE. Rori'!s. board of commissioners to Issue to pay funded lndebt- n of, Act Bon I rust f>r university and school funds, payment of Interest on Act 374. Donds of officers, premium to be paid by act, Act Bonds, redemption and payment of funded Indebtedness, Acta 37:. Hun' i 'mine and establishment of eastern bon Bowman. James, it t . , r lot quitclaimed to SU' ■ Claims agall | state suttaortsi d, A( I Claim.- against, Claims against, Robert C. Hall authorised to sue state. Act "f \ .1 Bourn against state, appropriation to pay. Act Claims against, Coultervltle a:.: Turnpike Compar.y authorl/. ■'. Clain and Green authorized to sue ■ Olatmi against "f * s in Indian wars, auditing and Chums of b, settlement and payment ■' • \. canity not to bring suit for id of taxes, payment for, prohibited, re state a ; of trials of persons violating fish laws paid by. Act 1335. Debts In excess of appropriat blted, Afll itions to, •• B782. il govern] lent of to purchase for i ublic pur- . ance of and cession to, of lands lor llght-hoaw i, Ad ' Federal K" jurisdiction over certain lands ceded by stat >1 teat, lands c> ded to, Jurisdiction of state over. il government, release of certain lands to L'nited States, ral government, relinquishment to. of lands required for military or naval purposes, Acts 809, ttli, Forests. j< id with federal government for pre- ' Forest of state to, Act 2883. Hours of i H iuri of Labor. Humboldt Bay, alt' sj and governor authorised to pU!' Inventory "f state and county property, Ad Joint lnv( with federal government of water re- sou- Judgment in favor of state to better enable collection of. Act Non-iusuran* 'y belong I 1669. claim of state to certain tract quitclaimed to. Public buildings: See Put. lie Huildings. Public works: See Public Works. STATE— STATE PRINTER. 1703 Right of wav from Atlantic to Pacific granted to United States, Act 4213. Sale of interest In property within water-front line of San Francisco, Acts 3330, 3337. Secretary of: See Secretary of State. Title to certain swamp lands to J. P. Counts and Myron Smith confirmed, Act 4025. War debt of, redemption of, Act 2823. STATE AGRICULTURAL SOCIETY: See Agriculture. STATE ANALYST. Analyzing mineral waters, drugs and foods, Act 3799. Appointment and duties of, Act 3799. STATE BOARD OF EXAMINERS: See Board of Examiners. STATE BOARD OF HEALTH, attorney for, and for board of healtb of San Francisco, Act 2831. Authorized to purchase and manufacture diphtheria anti-toxin, Act 2837. State bureau of vital statistics, deaths: See Deaths. State hygienic laboratory, for use of director and assistants, Act 4260. State hygienic laboratory for use of, establishment, Act 4260. See Public Health. STATE BUREAU OF CRIMINAL IDENTIFICATION: See Bureau of Criminal Identification. STATE CAPITOL, bonds, issuance of, for, Act 3805. Drinking fountains in, construction and maintenance of, Act 538. Employees at, Act 3806. Janitor, duties and salary of, Act 537. Location of at Sacramento, Act 3804. Remodeling, etc., Act 3807. Sale of intoxicating liquors prohibited in, Acts 536, 1691. STATE CONTROLLER: See Controller. STATE ENGINEER. Bridges across navigable streams, duties and powers in relation to: See Bridges. Creation of office of, Act 3811. STATE GEOLOGICAL SURVEY: See Geological Survey. STATE HARBOR COMMISSIONERS: See Harbor Commissioners. STATE LANDS: See Public Lands. STATE LIBRARY. Attorney-general, state librarian to furnish with law books, Act 266. Mineral cabinet, establishment of, in, Acts 2205, 3844. Removal of mineral cabinet from state library to Crocker art gallery, Act 2206- STATE MINING BUREAU, establishment and maintenance of, Acts 2211-2213. STATE PRINTER, act relating to, Act 3849. Governor's mansion fitted up for state printing office, Act 1383. State printing office, establishing, Act 3850. Statutes of California, superintendent authorized to prepare and print, Act 1598. 1706 STATK miSONS-STATl'TRS. STATK PRISONS: Sec Prisons. Acknowledgments of dcda and Instrunn nta by prisoner Arr«trivlcta Who ha-.' • nrancli. lot Coroner'a Inqu ?.S59. of trial of csc.i: ' ranch prison al 71. Inquests In. l .1 qulry Into sanity of convict a st« Is, fund for purchase of, to be Jute Rood-. !:tlona of sale of. An board for 1 gov- Parolc roinnii' ("ommlaslo: cutting hair o? 3856. tent and dlapoal- . San Uuci tiuildinga at, appropriation for. • ,-ation o( children fro ptlona and rs to. Act Mng, binding, publishing and STATK t'NIVKKSlTV of California. BTCRTNARl "n of office ,.', Art 180. establishment and sup- port o(. I < OF LIMITATIOI - and trust . no llml- th. limitation on. Art intlM, actions M HI, § 43. 5TATUTB8. All laws prloi < to statute*. ...■!. .i-iiii.K. printing and dlatrlbullon of. Act 616. STATUTES— STREETS. 1707 Statutes, superintendent of state printing to prepare and print index of, Act 1598. Time of taking effect of, Act 3883. STEAMBOATS. Spark-catchers, use of on steamers, Act 3888. ST. HELENA, incorporation of, Act 3894. STOCK. Certificates of stock, tax on issue or, Act 4038. STOCKTON, assessor, additional powers of, Act 3900. Canal along North Street to San Joaquin River, construction and maintenance, Act 3904. Charter of, Act 3899, note. Inundation, city council empowered to protect city from, Act 3901. Mining corporation of, protection of, Act 2239. Mormon Slough, excavating, widening and opening, Act 3902. Ordinance No. 64. authorizing receipt and disposal of certain land, ratified, Act 3903. Reincorporation of, Act 3899. STOCKTON INSANE ASYLUM: See Insane. STOCKTON SLOUGH. Navigability, Acts 3909, 4358. STORAGE: See Warehouses. STRAWBERRY VALLEY, location of village of defined, Act 3914. STREAMS: See Waters. STREET RAILWAYS: See Railroads. Electricity, authorized to use. Act 2924. Franchises, sale or granting of, Acts 1230-1232. Franchises for, time for granting, limiting time for Act 1233. Franchises to construct railroads beyond city limits to public parks, Act 2930. Generally, Act 3920. Overcharges, penalty for, Act 3919. Tickets, duty to provide, Act 3919. STREETS. 1. Generally. 2. In cities organized under Municipal Corporation Bill. 3. Improvements under Local Improvement Act of 1901. 4. Improvements under act of 1903, providing for forma- tion of districts. 5. Improvements under act of 1889 (repeated as to cities of over forty thousand.) 6. Improvements under act of 1893, relating to cities of forty thousand or over. 7. Improvements under the General Street Law of 1885. 1. Generally. Assessments, delinquent, redemption of, regulation of. Act 3933. Assessments, delinquent, sales, regulation of, Act 3933. Bonds, street improvement bonds, system of, Act 3932. Hon .1 cities and counties authorized to main * iale of In cities. Act 12S2. 'ii of by city for repair of ■ Act 3935. ' ■ ■ntrarts for, Act 234'1. •venicnta U Qt act. Act 3929. Tre»>s. growing I M^C. ■ . Mialntnic atul care of, on, Act 3926. \V..rk U| D, ■■< 2. I u ■ •/ \nuU r Municipal Corporation B0L - of Aral class not liable for Injuries In streets, p. 691, { 87. < nltion of. In. p. 677. 5 66. • fuad In. p. «94. subd. 6. •leputlcs of, and salaries of. ■ Cities of first class, super lutlos and liabilities, p. 711. Cities of first class. salary of, p. 6. r >2. suhil. 12. md lmpro\ ID, p. 6«" ! M; pp. 677-693. (S | '. 376. 782. | 332. ■ Clt :• "f. P- 792, (| 374 Citi. od class, superintend of records of, p Cit: ft. salary of. p. 773, f 307. Aire Of. p. 7ft, i 374 . provisions Governing t, salary of, p. 807. | 608. - ; wers and duties of, p ; 678. •h class, commissioner, salary of. p. 831, | 609 (tier, de| i of, provisions relating to Clti. ublle, what are. p. MO, 5 • inmlssloncrs, election and term of of- Cltles of fifth class, street improvements In. pp. 878. 879. {$ 771, Cities of sixth class, street work In. pp. 903. 904, tj| S69. 870. 3. 7» Abnndotin 5 19. IfTB, | 12. Assessments, d< 5 13. A*.-- i-'ie of property, pp. 1270. 1271, I 13. 14. STREETS. 1709 Assessments, excess, refunding, p. 1278, § 21 Assessments, levy of, p. 1?67, § 6. Assessments, sale, redemption of property, p 1272 §8 15 ifi Assessments, second, p. 1276, § 26. Assessments, special, lien of, p. 1276, § 22. Assessments, special, lien of, notice of, p. 1276 § 22 Assessments, special, protest not allowed, p. 1276 § 21 Assessments, when becomes lien, p. 1267, § 5; p' 1269 § 8 Bonds, limit on rate of interest, p. 1267, § 5. ' Contracts for work, letting on bids, p. 1274, § 19. Contracts for work, what to provide, p. 1274, § 19. Effect of act on prior acts, p. 1274, § 25. Engineer, report ot, adopting, p.- 1267, § 5. Engineer, report of, p. 1266, § 4. Engineer's report, resolution adopting, what to contain n 1267, § 5. ' p ' Engineer, work to be referred to, p. 1265, § 3. Funds, excess, refunding, p. 1276, § 21. Local improvement bonds, form, issuance and sale, p. 1272, § 18 Local improvement bonds, sale of and disposal of proceeds p. 1872, § 18. ' Map and list, recording, p. 1269, § 11. Map and list, transmitting to tax collector, p. 1269, 5 10. Minority frontage, improvement, procedure, p. 1277, § 23. Notice of improvement, posting of, p. 1268, §§ 6, 7. Objection to improvements, p. 1268, § 7. Open streets, what deemed to be, p. 1265, § 1. Power to order work to be done, p. 1265, § 1. Protest against second assessment not allowed, p. 1274, § 20. Resolution adopting engineer's report, what to contain, p 1267. § 5. Resolution adopting report, setting aside, modifying, etc :>. 1269, § 8. Tax collector, funds collected by to be paid to treasurer, p. 1272. § 17. Tax collector, report of, p. 1272, § 18. Work, application for acceptance of, p. 1274, § 19. Work, commencement and completion, p. 1276, § 19. Work, payment not to be made until accepted, p. 1275, § 19. Work, supervision of, p. 1274, § 19. 4. Improvements under act of 1903, providing for formation of districts. Alternative method of improvement, provides, p. 1264, § 36. Assessments, delivery to superintendent, p. 1257, § 20. Assessments, delinquent, p. 1258, §§ 22 et seq. Assessments, description in, p. 1256, § 17. Assessments, errors or mistakes, p. 1256, § 17. Assessments, finality and conclusiveness of, p. 1257, § 19. Assessments, form of, p. 1256, § 17. Assessments includes what expenses, p. 1256, § 16. Assessments, lien, when attaches, p. 1257, § 20. Assessments, name of owner, p 1256, § 17. Assessments, notice of, p. 1257, §§ 18, 20. Assessments, notice to pay, p. 1258, § 22. Assessments, objections to, hearing of and decision, p. 1257, §§ 18, IS. Assessments, payment of, p. 1258, § 22; p. 1259, § 24. Asses=iv°nts, payment of collections to city treasurer, p. 1262, I M. STREETS. ments, pnyment by offset, p 1?S«. J 21. ■ ptlon, p 28. laments, sale for. p. 1259, jj 23 et Beq. Assessments, sale for. deed on. pp 3 5 28, J». -sments supplementary, p. 1261, 5 32. -iments, surplus, d.sposal of. p. UH, 9 32. 5 17. Awards, payment of. p. Condemnation, payin. nt of awards, p. 12^2. 5 Si. Condemnation i 1262. | II. Construction, Ilberu!. | 37. Tirflnltlon of terms used In statute, p. 1MB, J 38. t of statute o! | and publication of. p. USX, ! I. sting of v | 84. a only n. • ; 31. Order for In: • Ordinance dec arms .nt. ntion and describing Improvement and { |. - over streets, p. 1251. 9 1. ■ nt and district, p. 1251, 9 4. Surplus, disposal of. p. 1263. } 33. tments undir act of 1889 (repealed as to cities forty thousand). Act liberally construed, p. 1 1344 9 15 • Assessmen- 3 IB. Assessment, not.ee as to payment, p 1215. 9 16. A "' '18 « is. As- 20 Commissioners to assess benefits and damages p. 1241. | 6 et seq. tlona of terms us*d In ai • | 23. c. p. 1240. { 3. • bat only i i Objections to Impn arlng and decision on, p. 1241. 9 6. Objections to report, p. ; li. Payments, how made, p 1242. ' Payment • ■ proct edlnga on r Pay ;d and In 1 how made. p. 5 17. seq. Proc now cor . P I Pro. • : .jundarles U4», 9 Publication*, what only necessary, p. 1260, subd. 8. STREETS. 1711 Report of commissioners, p. 1243, §§ 10 et seq. Resolution of intention tu perform street work, p. 1240, § 2. Superintendent, copy of report, assessment and plat to be sent to, p. 1244, § 15. Superintendent, duty on receiving report, p. 1245, § 16. Supervisors, general power over streets, p. 1239, § 1. Surplus funds, disposal of, p. 124S, § 20. Title, defective proceedings in case of, p. 1248, § 21. Unknown owners, when set down to, p. 1243, § 12. Viewing land and examining witnesses, p. 1242 § 9 Warrants, p. 1242, § 8. 6. Improvements under act of 1893, relating to cities of forty thousand or over. Assessment roll, p. 1325, § 15. Assessments, collections, disposal of, p. 1325, § 16. Assessments, delinquent, p. 1325, § 16. Assessments, bow apportioned, p. 1323, § 9. Assessments, lien, when becomes, p. 1325, § 15. Assessments, notice of time of payment and delinquency, p. 1325, § 16. Assessments, payment, p. 1325, § 16. Assessments, penalties, p. 1325, § 16. Assessments, sale of property, redemption, deed, p. 1325, § 16. Board of audit, who constitute, and duties of, p. 1329, § 22. Claims, allowance and payment, p. 1329, § 22. Commissioners, appointment, duties, term of office and compen- sation, p. 1321, § 6. Commissioners, board of public works to act as, p. 1321, § 6. Commissioners, bond of, p. 1321, § 6. Commissioners, conflicting claims or titles, proceedings in casa of, p. 1324, § 12. Commissioners, offices and employees, p. 1322, § 7. Commissioners, report and diagram, pp. 1323, 1324, §§ 10, 11. Commissioners, report, assessment and plat, copy to be sent superintendent p. 1325, § 15. Commissioners, report, errors or irregularities, effect of, p. 1324, § 12. Commissioners, report, filing and notice of, p. 1324, § 13. Commissioners, report, objections to, hearing of and decision, p. 1324 § 14. Commissioners, report, time to file, p. 1324, § 14. Commissioners, viewing land and determining value, p. 1323, § 9. Damages, notice of award and payment, p. 1327, § 17. Damages, refusal to accept, proceedings Jh, p. 1327, § 18. Definition of terms used in act, p. 1328, § 21. Expenses of improvement, what part of, pp. 1322, 1323, §§ 8, 9. notice, posting and publishing, p. 1320, § 3. Notices posting of where no newspaper, p. 1328, § 2. Notices, proof of publication or posting, p. 1328, § 2.. Objection by majority stops work, p. 1321, § 5. Objection, hearing and decision, p. 1321, § 6. Objection, sustaining of, new proceedings, when may be com- menced, p. 1321, § 5. Objection to improvement, p. 1320. § 4. Power of city council, p. 1320, § 1. Payments, bow made, p. 1322, § 8; p. 1325, § 16. Resolution of intention, p. 1320, § 2. ma strk. Superint. untuicut of officer, in cities without, p. I, subd. 4. .Title, l.ngs in case of, p. 1328, J 20. Warrants, p. 1322, 9 8. Warrant*, payment of, p. 1328, J 19. 7. Ivtpmr, in, nts uiuii r tin General Street htm of 1885, At' W6 borne by city, p. 12S4. j 5. ta, p 1302. 5 iir of, p. 1802, ] 20.. 5 12. 5 12. Anr- uon on, Judgmt nt and appeal, p. 1297, 9 12. Assess in> ■ ' 5 12. '■'."•'. 5 12. A • • »!nre owner cannot be found, MIT, 5 Hi Asses tlon on. where brought, p. 121*7. | 12. ■peml to c iiy council, p. ]:'.«■, 4 n. iiiilon, p. I2W. | 11. ts, apportionment, w /ays part of exi • P. i Assr rfect of. p. Y:'.»\, I 11. ■ A -cssmenta u 5 9. sinenut, dJ 1 warrant. 'o contractor, p. 3 9. Of, p. 1293, 8 8. . ■ ••• 9 9. on, p. 1294. i 10. nta, lien of tlachea, p. 1294. 9 9. \ ictlon of part of work, p. Assf 9 9. iperlntendenfa authority t , kjrmant, p. 5 10. Assessments, superintend' l^M, 8 8. ■-. lObd, 12. I, I 6. claims for labor, materials, etc.. p of one-half assessed valuation, 5 3. Completion, failure of. reletting unfinished work, p. 12S4. 9 5. :.-U9, 5 53. ] M, S 5. on of, p. 1284, 5 fi I. when. p. r."«4, { t». .f contractor, p 1384. 5 6. 1284, 9 6. Coutr.ut, failure of owners or bidder to enter Into new I. UM. 9 6. Contrnrt. failure to enter Into contract, forfeiture of check, p. 3 6. p.. how mn.l | 6. 3 B. of award 9 5. : 9 P. is In relntlon to. p nt of by i Ity. p. 1304, 9 2*. STREETS. 17M Cross-walks or sidewalks power of council over, pp. 1303, 1304, §§ 24, 25 Culverts, cesspools, sewers, manholes, etc., power of council over, pp 1303, 1304, §§ 24, 25. Definition of terms used in act, p. 1307, § 34. District assessed, diagram of, p. 1292, subd. 12. District, assessment of land within, p. 1292, subd. 12. Election of owners to take work, p. 1284, § 5. Engineering work who to perform and compensation, p. 1307, § 34. Estimate of expenses by city engineer, p. 12S0, § 3. Expenses exceeding one-half a-ssessed value, city excess, p. 1280, § 3 Grades, changing or modifying, power of supervisors, p. 1310, § 38. Grades, changing, assessment becomes a lien, when, p. 1315, § 48. Grades, changing, assessment, collections, disposal of, p. 1316, § 49. Grades, changing, assessment, delinquent, p. 1316, § 49. Grades, changing, assessment, manner of, p. 1315, § 47. Grades, changing, assessment, notice of time of payment, p. 1316, § 49. Grades, changing assessment, payment, penalties, p. 1316, § 49. Grades, changing, assessment, roll, p. 1315. § 48. Grades, chancing, assessment, sale, redemption and deed, p. 1316, § 49. Grades, chaiigmg, assessment when due, p. 1315, § 48. Grades, changing, commissioners to assess damages, who con- stitute, p. 1312, § 40. Grades, changing, commissioners, oaths of, p. 1312, § 41. Grades, changing, commissioners, powers of, p. 1312, § 42. Grades, changing, commissioners, reports and diagram, pp. 1312. 1313, §§ 44, 45. Grades, changing, contracts, how entered into, pp. 1313, 1315, §§ 46, 47 Grades, changing, damages, condemnation proceedings on re- fusal to accept, p. 1318, § 51. Grades, changing, damages, assessment of, p. 1312, § 43. Grades, changing, damages, notice of award of, p. 1317, § 50. Grades, changing, errors or irregularities, effect of, p. 1313, § 45. Grades, changing, notice of and publication of, p. 1310, § 38. Grades, changing, objections to, p. 1310, § 38. Grades, changing, petition for damages, p. 1311, § 39. Grades, changing, petition for, p. 1310, § 39. Grades, changing, report, assessment and plat, copy to be sent superintendent, p. 1315, § 48. Grades, changing, report, objections to hearing and determina- tion, p. 1313, § 46 Grades, changing, resolution of intention, p. 1310, § 38. Injuries from defects in. liability for, p. 1303, § 24. Laborer, bond to protect, and claims of, p. 1287, § 6%. Lessee, liability of and rights on payment, p. 1301, § 17. Materialman, bond to protect and claim of, p. 1287, § 6*6. Notice, how served, p. 1301, § 19. Notice of street work, posting, p. 1280, § 3. Objections to work, p 1280, § 3. Open public streets, what deemed to be, p. 1279, § 1. Owners doing work other than grading, and rights in, p. 1292. subd. 10 Owners, right to griide and allowance for grading, p. 1291, subd. 10. Gen. Laws— 108 STREETS. •" t"\ p. IM1, S 14. rlbe rules, as to, p rumnce, to be to sutisfnrtinn of su; 9 G. I. I 4. , subd. 4. subd. 4. . J 1. Publl . p. IMS, subd. 4. Publl I '14. . for. p. 1303, | \ p 1MB, S 14. ••r iii maki to. I a. utlon of li 1 work. p. 1 11. no, what may InHu.l subd. 11. ■ n to supervise work, and S 6. rally, pp. UQ, 9 13. Buperln 8 18. *, 18. i) fix tun ■ ftnd I'linpletlon. 9 6. ft, 9 6. 5 6. 5 3. Supei 1 2. 5 2. Survi k. who t" and r,,m- i 3t. non of work, p. 1287, 9 6. 9 6. 5 9. War • nt hr found or unknown, p. i-'.M. i 10. Warrants, failure to Hon, p. il'?4, 9 10. is. form i | 9. Wart ', 10. Wan nt, and pr an, p s authority to 5 lu. STRIKES— SUPERVISORS. 1715 STRIKES. Misrepresentations of conditions of employment a misde- meanor, Act 2140. SUBPOENAS, costs for serving, Acts 782, 1120. SUBTERRANEAN WATERS. Artesian wells, regulation of use of, Act 4356. Prevention of waste of. Act 4366. SUCCESSION, law governing, Act 927. Collateral inheritances, tax on, Act 4040. Taxes on: See Taxation. SUISUN CITY. <--treets, trustees authorized to grade and improve, Act 3938. SUISUN RIVER, navigability of, Act 4358. SUMMONS, costs for serving, Acts 782, 1120. Foreign corporations, 'o designate person upon whom process may be served, Acts 774, 775. Service of upon absent defendants, Act 3943. SUNDAY. Baking prohibited between 6 P. M. Saturday and G P. M. Sunday, Act 3951. Barbarous and noisy amusements, prohibition of, on. Act 394S. Employee entitled to one day in seven for rest, Acts 2137, 3952. Providing for better observance of, Act 3950. SUPERINTENDENT of public instruction: See Schools. SUPERINTENDENT OF SCHOOLS, districts, organization of con- firmed. Act 3537. Women eligible to office of, Act 837, § 54. SUPERINTENDENT OF STREETS: See Streets. SUPERIOR COURT, acknowledgments taken before clerks of vali- dated, Act 17. SUPERIOR JUDGES. Particular county: See Particular Title. Counties of fifteenth class, salary of, Act 837, § 172, sub. 7. Los Angelts county, three additional judges for, Act 2014. Powers formerly possessed by district, county, and probate courts, conferred on, Act 846. San Joaquin county, additional judge for, Act 33<>6. Shasta county, additional judge for, Act 3599. Secretary, judges in cities and cities and counties over two hun- dred thousand may appoint, Act 845. SUPERVISORS. In Counties of Particular Classes. Allowances, limits on powers of, p. 137, § 36. Apiaries, inspectors of, authorized to appoint, Acts 306, 307. • Assessor, annual report of certain information to, p. 141, § 48. Bonded indebtedness, supervisors authorized to create, Act 373. Bonded indebtedness, supervisors ai'thorized to refund, Act 3961. Bonded :ndebt' jcess, refunding at lower rate of interest, Act 373 Bonds of, p. 146, § 66. Bonds, election on question of issuing by cities for expenses of year 1883. Act 383. Books, papers and accounts, sending for, p. 135, § 28. « to hold log* p/-r mlt bull ! i animals. supervisors auth ilia. expense of bull' . I '■ \ ■ gal allowance of. duty of district at- Claims of against county, form, pn and allow. ■ S 19. I 21. taxes- . m. i so. I 16 123. I holiday. Art 14«» IS t 837. • ilooa for ■ IllfV I authorised to grant 393. -m J mada for bicycles and ti- ll' I. • I IMS, salts of granting of, AcU 133" itlons by ' irdlnc. to transfer ■waru|> !»• II.' 'i«-s of seventh class may n, - ibA IT Illegal fees. su» .ig. p. J20. | 36. is, work or pu- > of sutxrvisors ar 141. I 46. supervisors. mi License on sheep business, power to ivnpose limited, Act 1940. Licenses, -salaries of persons employed to collect, authorized to pay. Act I Livestock inspector, power to appoint, Act 837, § 55%. Livestock, ordinances to preserve, expenses of enforcement, paymeni of, Act 837, § 25%. Livestock, ordinances to preserve, may adopt, Act 837, § 25%. Logs and timber, authorized to declare innavigable streams highways for, Act 4301. Majority constitute quorum, p. 118, § 18. Majority necessary to valid act, p. 118, § 18. Malfeasanci in office, p of, p. 143, § 53. Meetings, quorum, p. 118, § 18. Meetings, regular, to be held at county seat, p. 121, 5 24. Meetings, special, p. 121, § 23. Meetings to be public, p. 121, § 24. Neglect of duty, punishment of, p. 143, § 53. New county, classification of supervisors, p. 145, § 58. Notices, where to be posted, p. 141, § 47. Number of, p. 118, § 14. . Oaths, may administer, p. 118, § 18. Ordinances permitting cars to be propelled by electricity rati- fied, Act 2928. Parks, authorized to levy tax for, Act 2877. Posse comitatus, supervisors authorized to pay expenses of, Act 3959. Power-; and duties, permanent general, enumerated, pp. 121- 136. Public buildings, unfinished, change of p^ans, Act 2899. Public buildings, unfinished, completion of, Act 2898. Records and minutes of, signing of, p. 118, § 19. Records and books to be kept by, p. 120, § 21. Records, books and accounts kept at office and open to public, p. 121, § 24. Residence, p. 118, § 15. Rules and regulations for government of, p. 131, subd. 23. Salaries and expenses in various counties: See Counties. Seal, p. 131, subd. 24 Separation of offices, p 143, § 55. Separation of offices, authority of supervisors, Act 837, § 55. Sewers: See Sewers. Sheriff, duties in relation to, p. 135, §§ 27. 29. Special counsel, supervisors in counties of second class may employ, Act 837, § 159, sub. 7. Spur tracks, may authorize, Act 2334. Spur tracks, permit revocable, Act 2334. State agricultural society, to furnish statistics of productions, Act 837, § 66a. Statement of indebtedness and property, p. 142, § 50. Streams and bank care, improvement and protection of, p. 142, § 52. Streets: See Streets-. Submitting questions to vote of people, p. 118, § 13. Surveyor, to furnish office and supplies to, p. 165, § 141. Tax to display products at expositions, supervisors authorized to levy. Act 3963. Time of election of, p. 145, § 58. Tow-paths along navigable streams, location of, Act 4363. Transfer of swamp land funds- by, to general fund authorized, to levy, Aet 3963. Treasurer suspension of pending proceedings against, p. 150, § 84. It STPEKVISORS. Vacancies, filling of and term of appointee, p. US, J 17. Warrants: See Counties. Water rates, fixing of, Acts I Water rot. ■», pen&It.v fcr f.ilwre to fix. Act 4348. nitration of, by. Act Wharvi s, authorized to grant right to construct, Act 4398. Witnesses, subpoenaing, pp. 135, 136, 5 5 28. 29 31-33 a. OMe$ of firxt class. Absence or neglect, P. f ' r J. fi 48. Adjournments, p. 068, ? Aldermen and assistant aldermm. divided Into, p. fins, i 40. AM'Trnen, numl ;■ Gf.5, 8 41. Aldermen, qua: 5 46. Aldermen, salaries of, p. KB, { 41. Aid) u:nl t. 656. { 44. Assistant aldermen, t- rr.is of office and salaries, p. 656, { 43. Rids. 107. ' 40. or liability limit on power to eontr:. 5 58. Each bouae fudge of iu,' 5 49. Eligibility to other office, or . | 52. ision of members, p. 657, 5 49. rs and duties of p. 5 51. Majo- ,ry to passage of on: 5 50. '. ; '. I 48. ■ 49. nine of, p. Order, pa rer to ma 5 49. rs of l DOS \ } t>2. 64. Powers, have only those ; 5 62. Quorum. Quorum, ; ; ..r.s, § 50. ■ . adoption of, p. 600. J 57. Rulea, p. Sessions, , '51. I 5 120. ^, duty La levy and a 288. Vacancies 1 , filling ol b. Cities of ts, powers of In relation to, p. 7 323. Journal, p. 773. 5 I Judges of qua' |r own mei | 319. Not to vol' « 327. SUPERVISORS. 1719 Number, qualifications, election and term of office of t> 771 § 301. Power to aDpoint officers, p. 794, § 380 Quorum, p. 773, § 319. Rules, p. 773, § 319. Vote by ayes and nays in certain cases, p. 780, § 326. c. Cities of third class. Appoint what officers, p. 806, § 603. Clerk, p. S09, § 521 Compensation, act without, p. 807, § 506. Election and term of office, p. 806, § 502. Journal, p. 809, § 5?2. Judges of quaiifications of members, p. 809, § 522, Meetings, p. 808, § 520. Meetings, attendance, compelling, p. 8i""9, § 521. Meetings, presiding officer, p. 809, § 521. Number of, p 805, § 501. Ordinances, passage of and validity of, p. 809, § 523. Powers of enumerated, pp. 810-812, § 524. Quorum, p. 809, § 521. Residence of, p. 80S. § 508. Rules, p. 809, § 522 Trustees of free library, appoint, p. 808, § 509. Vacancies in office to fill, p. 807, § 505. d. Cities of fourth class. Additional compensation to officers, cannot allow, p. 831, § 610. Ayes and noes, p. 832, § 621; p. 843, § 634. Compensation, act without, p S31, § 608. Constituted, how, p. 832, § 620. Control over 'heir own members, p. 832, § 621. Election and term of oflice, p. 828, § 602. Expenses of, p. 831, § 608. Indebtedness, limit on power to create, p. 838, § 623. Journal, p. 832. § 621: p. 843, §§ 633, 634. Meetings, p. 832, § 621.. Officers, what to elect, p. 832, § 620. Orders to be entered on journal, p. 843, § 633, Powers of enumerated, p. 833, § 622. President, p. 832, § 620. Quorum, p. 832, § 621. Rules, p. 832, § 621. e. Cities of fifth class. Absence, effect of, p 868, § 754. Compensation, act without, p. $68, 5 755. Compensation of officers, fixing, p. 86S, § 755. Consolidation of offices by. p. 867, § 751. Oath of office, p. 870, § 760. Election and term of office, p. 867, § 752. Indebtedness, power to incur, pp. 875, 876, §§ 767, 768. Journal, p. 870. § 762. Judges of qualifications and elections of members, p. 870, § 762 Meetings, p. 870, §§ 760, 761. Number of, p. 867, § 751. Officers, fix duties and compensation of certain, p. 887, § 791. Officers, what may appoint, p. 867, § 752. Organization nf board, p. 870, § 760. Powers and duties of enumerated, p.' 871, § 764. i::o I '-'R. Pt ' 778. p. 87ft. S f, p. 871. { 761. f. < ■ «54. t .-- s9fl, | 8M. -m of ofllf. | 852. Ind' ' - p. 901, 5 5 84J5, 84M. s«0. Hon of members, p. 897, 5 860. Nun duties and fixing compensation, p. 911, 9 iy appoint, p. B86, 9 861 u lei governing passage, p. 898, 1 861. ■ f. p. 906. | 875. ■ SCI ' who to act aa. Act J»4S filiating. Act Courta. appointment of. Acta 894)8. S969. I RT LIBRARY, librarian for, appointment of. Act I. Ibr.ii Ian, Mil 2975. ;. deputy, appointment of, Art y corporation authortz« 1 to ur»ty, '■ •• meat of, by. Act 379. y; Osteopathy; Veterinary Sur- . iblic Lands; United States Coast Btu .nty Hue, of, p. 164, 55 1M logical Su; . Uion of. Act I i iude. surveys of validated. An of examining surveyors. Act 3990. lirst class, deputies of. and salaries i f, p K2, subd. I first class, duti '!. 5 UT. L 13. | 141. SURVEYOR- SUTTER COUNTY. H21 Deputies and assistants in various counties: See Counties. Ditches and drains, superintends construction of, p. 352, 5 9. Duties of enumerated, pp. 103, 165, §§ 135-140. Duties of, defined, Act 3990. Fees of, p. 415. License of surveyor, Act 3990. Office and supplies, sup< rvlsora to furnish, p. 168, § 141. Powers and duties of, Act 3990. Qualifications of. p. 163, § 135. Salaries and expenses in various counties: See Counties. Survey, how made where surveyor interested, p. 164, § 138. SURVEYOR-GENERAL authorized to furnish his office and vault therein, Act 3985. Duties as to bridges across navigable streams, p. 72, § 6. Governor and surveyor-general authorized to convey state's interest in certain lands, Act 3832. Governor and surveyor-general authorized to sell certain lands to claimants. Act 2869. SUSANVILLE, hogs running at large, prevention of, Act 1065. SUSCOL RANCHO, title to lands in quieted, Act 3688. SUTTER COUNTY, animals of another, wounding in, punishment of, Act 1593. Animals, trespassing of on private property, prevention of. Act 1069. Bridge across Feather River, supervisors authorized to con- struct, Act 4005. Cancellation of certain certificates of register of state land office, Act 3995. Cancellation of controller's warrants, Act 3995. Examination and counting of funds in tresaury, Act 464. Fences, division, in Act 1138. Fences in, tearing down of, prevention of, Act 1593. Fires, leaving of, punishment of, Act 1593. Funds, transfer of authorized. Acts 3996, 3997. Highways in, Act 4001. Hunting on inclosed lands in, prevention of, Act 1593. [nclosure, passing through and .eaving open, Act lS9i!. Judges separate for Sutter and Yuba counties. Acts 3998, 4495. Levee districts in. Act 1915. Levee district No. 1, act relating to, Act 4003. Levee district No. 1, boundary and care of, Act 2944. Levee district No. 1, trustees authorized to issue bonds to fund indebtedness, Act 2947. Levee district No. 2, running indebtedness of, Acts 1917, 2945. Levee district No. 2, election of officers, Act 1917. Levee district No. 6, boundaries and government of, Acts 1918, 2948 Levee district No. 6, funding indebtedness of, Acts 1919, 2949. Protection of certain lands in. Act 3999. Reclamation district No. 2, boundaries and government, Act 2946. Records in, transcribing of, Act 4000. Roads in. Act 4001. School trustees, time of election of, Act 4002. Stallions prevented from running at large in, Act 1063. Swamp-land district No. 70, act relating to, Act 4004. Swamp-land district No. 70, reorganizing, Act 2954. iWBD LANDS. Sw.t ity. warrants to bear -ury of. better protection of. Act 464. BUT! !K. hogs aDd goata pr m running at large In. running nt :argo In, prevention of. Act 1065. ion ' from, Act 2922. •■ Sacramento County, setting off portion of for ' Act 4"17. Tru ' '6. SWAMP ' P.owman. .lamea. Intercut of stntc In water lot 41f. quitclaimed to successors of. e away timber from swamp. oTerflowed, .r:d«. Act H"4. i imatlon a llatrleta for non- ■ Prnlnage of: I, providing for determining rights In • t>utlon 'of. Act rrisora authoriz< >l to transfer to general fund, ■ ir Title, swamp lands pi' ilt. d to redemption of certain aim of st. '.iln tract quitclaimed I lai d '■'. Act 9066. ■•-.. Act ' ,- \.ct i ■ la ra : -■ i v I •l of, Act 2858. -lain salt-marsh and tide lands, ppeala from orders relating to. Acts Swamp-land funds In etntc treasury paid to treasurers of Dto county treasuries, duties of ail- 's. Acts 1 .. ramento County, provision for. IT. San Joaquin County, addlt'onal \ I uid M, payment of Inter SO and 54. Sacramento tVont?, fundi ~ . . •v, act relating I utter County. warranU to bear -c.t, Act 2953. SWAMP AND OVERFLOWED LAND— TAXATION. 1723 Swamp-land district No. 70, Sutter County, reorganizing, Act 2954. Swamp-land district No. 118, Contra Costa County, assessmrut in, Act 2958. Swamp-land district No. 118, validated. Act 2957. Swamp-land district No. 150, Yolo County, formation of, Act 2960. Swamp-land district No. 221, San Joaquin County, legalizing, Act 2962. Swamp-land district No. 307, Yolo County, legalized. Act 2965. Tide-land commissioners, board of, abolished, Act 4032. Tide lands, certain in San Mateo County declared public and granted to county for public, Act 4027. Tide lands, survey and disposition of, Act 2858. Title to certain 3altmarsh and tide lands in Contra Costa County, quieting, Act 722. Title of certain swamp lands to J. P. Counts and Myron Smith confirmed. Act 4025. Title to tide lands adjacent to lands held for military purposes ceded to United States, Act 8831. Transfer of swamp- land funds to general fund in Butte County, Act 463 Transfer of swamp-land fund to general fund in Del Norte County, Act 916. Unsegregated, sales and surveys validated, Act 4031. SYRUP, adulterated, sale of, prohibited, Act 42. TAHOE: See Lake Bigler. TAXATION. Animals, assessment of migratory herds and distri- bution of taxes. Act 4053. Animals, migratory, assessment of, Act 4052. Assessment of migratory herds and distribution of taxes, Acta 4052, 4053. Assessments, supervisors to equalize, p. 129, subd. 15. Assessor, bond of, p. § 66. Assessor, commissions for collecting of personal property tax, p. 317. Assessor, compensation for preparing military roll, p. 317. Assessor, city, performance of duties by clprk, Act 4043. § 8. Assessor, cities of first class, deputies and assistants and sal- aries of. p. 650. subd. 6. Assessor, cities of first class, election and duties of, p. 709, § 129. Assessor, cities of first class, salary of, p. 650, subd. 6. Assessor cities of third class, election and term of office, p. 806," § 502. Assessor, cities of third class, salary of, p. 807, § 506. Assessor, cities of fourth class, bond of, p. 830, § 6f'7. Acsppcor, cities of fourth class, compensation of, p. 844. § 641. Assessor, cities of fourth class, deputies of, p. 852, § 672. Assessor, citits of fourth class, duties of, p. 844, § 641; p. 851, § 677. Assessor, cities of fourth class, election and term of office, p. 828, § 602. Assessor cities of fifth class, compensation of, p. 868, § 755. Assessor, cities of fifth class, election and term of office, p. Assessor, cities of sixth class, duties and powers of, p. 907, 5 877 - ~ Assessor, cities of sixth c'.ass, city clerk is ex-officio, p. 894, S 851. TAXAT Assessors, deputies aad asMstanta lo various munties: See Assessor, ilutlrs of. p. 167. 9 1 Assessor, maps and Stock books, to be allowed expenses of, p. 'itage of on poll ta\' I !. p. 317. sor, salaM '"nintles. Assessor, salary of. (There and bow paid, p ■<> pay salarlra of dep\itlcs In certain counties. Act Doard of equalization, supervisors In cities of first class constl- I 66. Certlfi. 1 of first i lo erect a hospital and levy a ion In lo filia- tion. il taxes In. p. 693. 5 90. . lion of taxes, pp. 81$. 819, ■ ::on of. p. Cities of fourth cl 5 666. of fourth rlam, dellnqu- lings, pi. Cities of f. hi: ili class, equalization of taxes In, pp. 846, 846, 5 5 642. levy of tax. p. 846, i 644. -•bursenicnt of, i . 640. if tax, p. 846. f 644. preparation of and delivery lo of fourth a from sale, p. S50, {I 66: . f fourth class, sales of property for. pp. 849-861. Si 654- of fifth • vy and collection, pp. 880, ; Direr and duties, p. 883, J 787. of fifth . Itatlon of taxea, p. 8S1. 5 tit. levy and collection of taxes In. ^73. p. 906. | 872. r than first class, levy and of taxes, A^t lnherltnti' ■ against state to quiet title \ I s, suits to enforce liens of tax author- Col!. l.»40. -. tnx on, i tc, of ad vnlorem taxes abol- Conu i ;nty not to bring suit against ' . pnyment by state for proh': < jlons on revision and reform, creation of. Act TAXATION. 1725 Commission on revision and reform, expert on, appointment of, Act 4037 Commission on revision and reform, governor ex-offlcio mem- ber and chairman. Act 4037. Commission on revision and reform, powers, duties and com- pensation, Act 4037. Commissions, payment of for collection of delinquent taxes legalized, Act 4046. Delinquent, action for delinquent taxes on personalty author- ized. Act 4060. Delinquent action for, form of complaint, Act 4061. Delinquent taxes in Alpine County, extending time for selling property, Act 136. Deputies, assessors in certain counties to pay, Acts 255. 4062. Distribution of taxes from assessment of migratory herds, Act 4053. Exemption of certain property of Stanford University from, Act 3754. Expositions tax to display products at, supervisors authorized to levy, Act 3963. Inheritance tax, act providing for, Act 4035. Inheritance tax, collection of, Act 4035. Inheritance tax, disposition of, Act 4035. Inheritances, collat ral tax on, Act 4040. Legal tender notes are receivable in payment of taxes and debts. Act 1895. Levy and collection of taxes in cities of certain classes. Act 4044. Levy and collection in cities under first class, Act 4043. Licenses: See Licenses. Mortgages, notes secured by moneys received in cerlain years from disposition of, Act 4054. Parks, supervisors authorized to levy tax for, Act 2877. Particular counties, taxes in: See Particular Title. Political Code to govern assessment, levy, etc., of taxes, Act 4051. Poll tax, exemption of firemen from in certain counties, Act 4063. Poll taxes in Calaveras County, enforcing collection of, Act 484. Public improvements within cities, special tax for, Act 2344. Reassessment where former assessment illegal, Act 4045. Redemption, charges in counties of twentieth class, Act 837, § 177, subd. 4. Redemption, charges in counties of nineteenth class, Act 837. § 176, subd. 4. Redemption right of given taxpayers whose lands sold in cer- tain years, Acts 4056-4058. Revenue for support of government, act providing. Act 3017. Sales, certificates of sale, validated, Act 4059. Sales, deeds to state validated, Act 4059. Sales, proceedings of tax collector in 1874 validated, Act 4055. Solvent debts, taxation of. Act 4039. Special tax tc eneouiage immigration authorized. Act 4041. Special tax for specific public improvements, Act 4042 Special tax to exhibit county products at expositions author- ized, Act 1041. Special tax to increase trade in products of state authorized. Act 4041. Supervisors, annual report of information to, p. 141, § 48. Supervisors, powers and duties of, p. 124, subd. 12. TAXATION— THKA1 ; 66. - to Rive. P 146. } 66. • of duties by i t chief {8. Tax I i»s chargeable with what sums, Ta> n'nry of. p. 650, subd. K. Ii putlcs and assistants and fral i ■ Ml?"l. B. ry of, p. 807. f Tax ules "i rixth class, marshal Is ex-offlcio. p. • ^s and assistant* In various countlc : Q ittes. 'fit running at largo In. AcU irlculture, protection of In. Act 4068. I of. In. Act I i of. Act 4**J8. Of, Vet 4069. of. Act 4070. . Act 4071. - \ct 4(72. • 1074. H -anscriblng from rr cords of Co- 1 ■ ■ •' ' -'-■ In, A rKanlzlng. Act 4078. I '""VS. ition between Asia and Anier- nnd PaclP [> Angles to Wilmlng- - !i 'I tie from San Jose to San ii id fidelity In transmission of. Acta 4089, act, aiding In carrying out. Act btl of landWd and tenant. Act 1866. may bring or d • 788. PANT, oidhances of Pan • ' r paollni. Act 3154. . for. Act < • • • " il race or color, punishment. Act 606. THISTLE-TOWNSITES. 1727 THISTLE, propagation of in certain counties, prevention of. Act 4104. THRESHING MACHINES, wages of laborers on, liens of, Act 1949. TIA JUANA FLOOD, appropriation for benefit of sufferers from. Act 4109. TICKETS, duty of street railroad companies to provide, Act 3919. TIDE LANDS: Sec Swamp and Overflowed Lands. Survey and disposition of, Act 2858. TIDE LAND COMMISSIONERS, abolition of board of, Act 4032. TIMBER: See Growing Trees, Logs. Booms to hold logs and timber, supervisors authorized to per- mit building, Act 43G2. Destruction of growing timber on private grounds in certain counties, prevention of. Act 1577. TIME, statutes, time of taking effect of, Act 3883. TIOGA ROAD, free wagon road from Mono Lake basin to construc- tion of, Act 1155, 1456. TIRES, width of tires of wagons used on highways, regulation cf Act 1459 TITLE: See Establishment of Title. TITLES, Benicia, settlement of in. Act 3i:4. Branciforte, settlement of titles in, Vet 408. Torrens land act, Act 4115. To tide lands adjacent to lands held for military purposes ced^l to United States, Act 3831. TOLL BRIDGES, navigable streams, across, tolls by whom fixed p. 73, § 7. Navigable stream, across, tolls fixing on disagreement between supervisors of counties, p. 73, § 7. Navigable stream, across, tolls, when take effect, p. 74, § 7. Navigable stream, franchise to erect, county on left bank con- trols, p. 72, § 2. Navigable stream, franchise to erect, supervisors may grant, p. 72, § 1. Navigable stream, tolls, county on left bank controls, p 72 § 2. Public, act concerning. Act 1148. Supervisors, powers and duties of, p. 121, § 25, subd. 4; p. 1X3, subds. 35, 36. Toll, public, act concerning, Act 1146. TORRENS LAND ACT: See Act 4115. Certification of titles and simplification of transfers, Act 4115. Commission to examine and report on, Act 4114. System provided by adoption of, Act 4115. TOW PATHS, along navigable streams, location of, Act 4363. TORTS, compensation for causing death by wrongful act or neglect Act 2451. TOWNS: See Municipal Corporations. TOWNSITES, hogs and goats prevented from running at large on, Acts 1008, 1070. TRADE-TREASURER, COUNTY. R. boards of: B of Trade. EMARKS: Bee Label*; Mark.* and Drands. -.illy. An -, boxes, legs, etc.. used in sale of liquids. Ad lll'l. TRAI v for violating statute forbidding use of, 1123. for forbidden, Act 4123. NINO BHIF of in San Franrlsco. Act 4125. TRAMROA rporation of In Shasta County, Act TRANSPORTATION: See Railroads. G76. TRE> CITT. bonds of: See Bonds. i 8 11. I 10. I . .1 clerka cf, Ac Investigation of no i-istry of, ; 5 96. i 7 liny to give. p. 699, { 98. 5 3TS. - of thud claaa, sa.ary of, • <'s of. p. s.".3. i 675. ■ ■ of fifth } 756. ■ " : ::.2 '. S 856. s of, p '."'7. 5 876. ', 962. ular Title. 4(M3. ? 66. . ourts and von in, p l'l. 9 •flinty trr. n Inh. rltanco and I ■ -37. | Death of, proceedings on, p. 150. > So. TREASURER COUNTY— TRIALS. 1721 Deputies and assistants in various counties: See Counties. Different classes ot counties, in: See Counties. Duties of enumerated, pp. 147-151, §§ C7-87. Fees,, what and when to be paid to county treasury, p. 318, § 216. Mileage, in making ,,tate settlements, Act S37, § 215. Office hours, p. 145, § 61. Officers charged wirli notice of condi'ion of treasury, p. 114, § 6 Particular county: See Particular Title. Salary fund, deficiency in, transfer of funds to, p. 319, § 219. Salary fund, payment of fees into. p. 319, § 219. Salaries in various counties: See Counties. Special counsel for collection of inheritance or transfer taxes, how paid. Act 837, § 215. Suspension of pending proceedings against, p. 150, § 84. Swamp land district funds paid into county treasuries, duties of controller, auditor and treasurer. Act 1920. TREASURER, STATE: See Funds. Authorized to pay controller's warrants drawn for salaries, Act 4136. Authorized to pay to treasurer of Veterans' home moneys re- ceived from congress, Act 4288. Deposit of state moneys in bonks, Act 4134. Deputies, number of increased for limited period, Act 4139. Duties of. Act 362. General fund: See Funds. Increase in number of clerks in office of, Act 3871. Payment into state treasury of moneys received by state insti- tutions, commiisions and officers, Act 1279. Payments on swamp lands pledged to redemption of certain controller's warrants. Act 4024. Swamp land funds in state treasury paid to treasurers of counties, Acta 1280, 1920. Swamp land funds paid into county ' treasuries, duties of audi- tor, controller and treasurers, Act 1280. Transfer of funds: See Funds. Transfer of funis f om dia.nage construction funds to general fund. Acts 1282, 12S3. Transfer of moneys to genera! fund by treasurer and con- troller a; thorized, Act 1281. Warrants, lost, payment of, Act 2033. Warrants, payment ri destroyed controller's, Act 4328. Watchman, additional, for, Act 4138. Watchmen, two, authorized to employ, Act 4137. TREES: See Growing Trees. TRESPASS, animals, trespassing, Acts 10G1 et seq. Animals trespassing: See /..imals. Destruction of growing timoer on private grounds in certain counties, prevention of, Act 1577. Fences, tearing down to make passages through inclosures, prevention of, Act 4144. Hunting on inclosed land, prevention of. Act 1141. Hunting on private grounds in certain counties, prevention of, Act 1577. Inclosures, passing through and leaving open, prevention of. Act 4144. Inclosures: See Inclosures-. TRIALS costs of, of persons violating fish laws paid by state, Act 1335. Gen. Laws— 109 1720 TT: I ^LS— "TULARE COUNTY. ta on removal of rriminnl notion, pp. 322, r?23. ?? 229 eg committed In prlsoi . I'KINITY :her, wounding in, punish of, Act 1 and maintenance of, Act 4150. Contingi lit l u i 2. 1153. S 11 1 \ ■ Tolls cbai .ikoii roads, supervisors to fix rate of. Act Undersherlff of, sui fix ainl pay • on of, A t TRINITY HI\ i. ■ of road down. i with road In lli: rRUST C<>\ VNIES, bauka and trust companies, no limitations Dissolution aid winding up of and disposition of funds, At I ■rs. Act 368. r.itlon and reduc- ;• ■ ■ • rporatloD and reduction of >ons. I Kl tlon of trusts for benefit of public Institutions, Act D of on death of last sir 4161. Public i'.*t'tution, assumption of control of by trustees. Act Public i i tutlon, relinquishment of rights b> founder or his wife. Trust? relating to town lands granted to cities by act of odd d of, Acta 2386, 2336. Validity of tiusts for colleges, unlvereltlea, museums, etc.. termination of. Act all Til. \ KB COUNTY ' '. \ ' 1170. nd recordi i - ict 4178. \ct 4171. County clerk and r paratlon of oftVes of, Act 4173 ■ n In. Act I I Tulare countl b tween, Acta 811, 819. Kaweah River, board of commissioners for, Act 1774. TULARE COUNTY— UNITED STATES. 1T31 Notaries, additional, for, Act 2500. Officers of, salaries of, regulation of, Act 4172. Recorder and auditor, separation of offices of, Act 4172. Recorder and county clerk, separation of offices of, Act 4173. Roads, public, in, Act 4174. Sheriff, traveling fees of. Acts 4175 4176. Slaughtered cattle, hides of, keeping of, Act 182. Slaughtered ai iruals, records of, keeping in, Act 183. Squirrels, destruction or. Act 187. Superior judges, increasing number of, Act 4177. Superior judges, reducing number of, Act 4178. Tax collector, tend ti, Act 4179. Water commissioners for, Act 4365. Water ditches and water privileges for agriculture and manu- facturing, Acts 41S0, 41S1. Water ditches and water privileges for irrigation, mining and manufacturing, Act 4181. Waters, overseer to regulate. Act 4365. TUOLUMNE COUNTY, an-mals of another, wounding in, punish- ment of, Act 1593. Fences, division, in, Act 1138. Fences, lawful, in, Acts 1134, 4186. Fires, leaving of, punishment of, Act 1593. Hunting on inclosed private land, prevention of, Act 1593. Inclosures, passing through and leaving open, Act 1593. Indigent sick, care and maintenance of, Act 4187. Fences in, tearing down of, prevention of, Act 1593. Officers of, salaries of, Act 4189. Supervisors, commencement of terms, Act 4190. Township officers, regulating, Act 4188. Treasurers of, bonds of, Act 4191. TUOLUMNE RIVER, bridge across at Modesto, construction of, Act 4196. Head of navigation in, Act 4197. Navigability of. Act 4358. TURNPIKE CORPORATIONS, formation of, Acts 765, 4202. UKIAH, incorporation of, Act 4207. UNDERWRITERS, fire pairol, establishment of by, Act 1188. UNINCORPORATED ASSOCIATIONS: See Benefit Societies; Build- ing and Loan Associations. Acknowledgments by validated, Act 19. Boards of trade: See Boards of Trade. Chambers of commerce: See Chambers of Commerce. Incorporation of, Act 4209. Mechanics' institutes: See Mechanics' Istitutes. UNION, name changed to Areata, Act 4209. UNION ISLAND RECLAMATION DISTRICT, in San Joaquin County, creation, organization and government, Act 2970. UNITED STATES: See Public Lands. Assent of state to act of congress applying proceeds of public lands to college, Act 3786. Assent of state to purchase by United States for public pur- poses. Act 4212. Assent of state to reservation by congress for public park, Aci 3785. 1732 ES— UNITI UKTART. I n Humboldt Bay granted to, to Improve - • rtain lakes to, Act 1858. Coin v trustees of San Diego to. authorized, Acti 3ir>2. Conv •■ to federal government of lands for lieht nausea, Art I • of. Art 2768. States sites fnr light '■ ■ On I tad States part of :tig forests. Act < nt of forest preser- Jolt • k'iv. rnm.nt of water resources, lands given to, Acl tie to, Act 3784. Jut. ' r military purposes ceded ' Jur: Lime Point ceded to United Lai.: Jurisdiction of state over, India granted to United States, Act I Aft 4470. required for military grafted to United States, Rig) " rmon Channel to Calaveras San anda In, conveyed to United gainst property of in San Francisco, pay- ■ i lo County released to United Tit . lands h'-ld for military purposes Tmi county to. Act 4289. UNITBD STAT See Coast Su- 1 In author. zed to enter upon lands In state, UNITES BTAT1 ioseeration of prohibited. Act 4224. UNIT! ted to ride free on li I'M i I'AKY. assault upon, punishment of, Act 693. •. i 'iiinahmetit of. Act Electl.Ti of l'v lull of to vote, Act 4230. UNIVERSITIES— UNIVERSITY OF CALIFORNIA. 173^5 UNIVERSITIES: See Stanford University; University of California. Assumption of control by trustees, Act 4164. Gifts and donation.* to, encouragements and protection of, Acts 4162, 4163. Relinquishment of rights in by founder or wife, Act 4164. Trusts for benefit of, creation of, Acts 4162, 4163. Trusts for benefit of. determination of validity authorized. Act 4165. UNIVERSITY CADETS, appropriation for payment of, for April- June, lfc*.o, Act 2430. UNIVERSITY OF CALIFORNIA: See Colleges; Hastings College of the Law. Affiliated colleges, appropriation for buildings for, Acts 4254, 4255. Appropriation to replace lost income, Act 4239. Branch agricultural experiment stations, establishment of. Act 4258. Cereal crops, investigation of under direction of agricultural experiment station, Act 62. Continuous appropriation for support and maintenance of, Act 4245. Creation and organization of, Act 4240. Endowment of, Acts 4241, 4242. Endowment fund, re-imbursement for loss in, Act 4248. Endowment fund, re-imbursement for moneys withheld or withdrawn from, Act 4247. Farmers' institutes, holding of. Acts 4252, 4259. Fertilizers, powers and duties in relation to, pp. 420-423, §§ 3-11. Forestry, appropriation for experimental station, Act 1220. Forestry, property of board of transferred to, Act 1220. Funds of, control, investment and security of, Act 4249. Grant of certain land to regents of, Act 4246. Insurance of property of, Act 4250. Interest on state bonds held in trust for university and school funds, payment of, Act 374. Intoxicating liquors not to be sold within two miles of, Act 4253. Investigation of tree and plant diseases and pests, Act 4258. Lands of, land contests, determination of, Act 4251. Lands of, selection and sale of, Act 4251. Medical department of, Act 4256. Music, department of, created in, Act 4257. Music, professorship of, provision for, Act 4257. Pear blight and walnut blight, investigation and eradication by, Act 1511. Regents authorized to exchange tract, constituting Santa Monica Forestry station, Act 4256. Sale of intoxicating liquors near, prohibited, Act 4253. State hygienic laboratory, director and assistants, Act 4260. State hygienic laboratory, establishment of, Act 4260. Supply of water for, Act 893. Tax, levy of, for support of, Acts 4243, 4244. University farm, commission to select and purchase, Act 4260a. University farm, provision for purchase of, Act 4260a. University farm, school of agriculture and system of instruc- tion on. Act 42R0a. Viticulture, experimental and research work in by, Act 1511. 1731 INIVK' MIA— VETERANS' HOME. Vlti uln.i .,f results, Investigations and experi- Acl 1511. Vltlculturi ntal and research work In, to prosi>cut>\ UNLAWFUL DETAINER, forrhle entry and unlawful detainer, act concerning. Act <2fl8. VACCINATION, children, vaccination of. Act 2840. VAOR iNCT, pm sbo i I of, a t I 00 of. Act- Tow n»hlp hoard of education of, Act 4268. VAN Q of. Act 3332, > rdmg of maps for purpose of sale. Act Sal-- ol lei « mnp, penalty. Act VI V. bonds of officers of. Act 4. ' I I I 1138. defining. A \ KM I >>n removal of criiniual action, pt> 32?, 323. 5' 229. in criminal actions removed before trial, Act Yacht Clubs. 4364. use of on steamers. Thli >f ual.ast prevented. Act Wft ck^ kn. VETERAN ildlera and Sailors; Veterans' Home; Woman's ■rps fees In. Acts 829, 1122. of war of rebellion preferred in pub I Grand Army of the Republic, D of. Act ; VBTBRAN ans" home In Youi Aw :or sapport of Indigent persons residing In, Act rty In Napa to state accepted, Act i Directors authorised to exchange or lease lands In San Fran- cisco. Act hospital lor at Yountville, Act I . irom provisions of act cn.at.ng stale board of chari- ties, p. 90, } 7. Lease of property of veterans by county, city and county or town authorized, Act Liquor, sale of near, prulubitcd, Act 1692. o exchange lands, Art Napa countv, directors authorized to purchase certain pr.op- i rtj Napa county, made a state home for soldiers, sailors and marines, Act 128S. Napa CO* •' government, for national home, Act 4289. VETERANS' HOME— WAREHOUSES. 1735 Napa county, sale of liquor near, prohibited, Act 1693. Officer to receive monev appropriated by United States, desig- nation of. Act 4282. Sale of liquor near, pievention of, Act 3696. Soldiers' home, sale of intoxicating liquor near prohibited. Act 1692. State treasurer authorized to pay. to treasurer of, moneys re- ceived from congress. Act 4288. Yountville, acceptance of title to by state, Act 4283. Yountville, home at recognized as state home. Act 42S2. VETERINARIAN, state, creation of office of, Act ISO. VETERINARY SURGERY, board of veterinary examiners, Act 4293. Regulation of practice of, Act 4293. VICE-PRESIDENT, assault upon, punishment of, Act 693. Conspiracy to commit any crime against punishment of Act 693. VINES: See Viticulture. Better protection of, Act 73. VISALIA, incorporation of, Act 4298. Public schools in, Act 4298. Quieting titles to town lots in, Act 4299. VITAL STATISTICS: See Deaths; Labor Bureau. VITICULTURE: See Horticulture. Commissioners, appointment of, Act 4306. Commissioners powers and duties of, Acts 4304, 4305. Creation of viticultu-ral district. Act 4306. Experimentaj and research work in. University of California to prosecute, Act 4307. Officers, appointment of, Act 4304. Promotion of, Act 4306. Protection of. Act 4304. Sale of fertilizers and manurial materials, regulation of, Act 1157. University, experimental and research work in by, Act 1511. University, publication of results of investigation and experi- ments by, Act 1511. VOLUNTEERS, revision of records of and publication of, Act 520. WAGERS: See Gaming. WAGON ROAD CORPORATIONS, formation of, Act 4312. WAGON TIRES, width of, used on highways, regulation of, Act 1459. WARS, claims against state of soldiers, serving in Indian wars, auditing and examining, Act 1607. War debt of state and redemption of, Act 2823. WARDS: See 'Guardian and Ward. WAREHOUSES, receipts, Acts 4318, 4393. Receipts, issuance, sale and transfer of, regulation of, A-ct 4319. Sale of goods in warehouses in other states. Act 4319. Sale of stored goods authorized after certain period, Act 4317. Weights and weighers for warehousemen, Act 4383. 1736 WARM SPRINGS CREEK \V\TERS. WARM SPRINGS CREEK, navigability of. Art 4323. WARRANTS, auditor, duties of in itlation to, pp. 155-157, 55 MM et scg,. Coumy. ueB. County, powers and duties of treasurer In relation to. p. 147 Si 67 et seq. Lost warrants, pay in. nt «.f. Acts Payment of ■! .itroller's warrants, Act 4328. Payments on awan.i ptlOD of certain controller's. Act l Reclamation distr t> t.* of, Act 4356. WATER COMPANIES, .ties of second class, capacity of pipes, . ; In urporatlon uf, Acts. ; ty for injuring, dcfiaudln«. etc., Act 4345. Protw Uon of, Rates, fixing, duty of companies. Ra'es. fix:: . Jy.'.s. 4346. 4348. Rate* of waii i furnished for I \.'A\>. i 2. ■ ax, Act 4348. fur. A. t ■ Jtber than itlon and control ol. WATERFRONT, r.ties ot third cUi M6, Cities of third class, lm ( -19, | 535. Cities of fifth : front, to , Ot ..nd fund for. p. SM. ; - ■ . . WATER RATE : I OR. cities of third class, salary of, p. 5 50b. WATERS. Alameda County, certain creeks In declared navigable. Analysing Ar <- Act 4356. Rooms to bold logs and timber, supervisors authorized to per- mit building. Act i Buoys ai q of. Act 435. Bridges: See Uri.. k , Conn i (i relation to flood i 2. Ditches S..C I : Exu: • W on rivers, appointment, powers, duties and com; Act 4364. Flumes: See Flumes. Fresno County, water ditches and wat. r pnvil.gos ir, Aot 1272. Harbors, protection of. Act I Innavigable streams. Improvement and use of, Act 4361. WATERS— WEST SIDE IRR. D1ST. 1737 Joint investigation with federal government of forest preserva- tion, Acts 4352, 4367. Joint investigation with federal government of water re- sources, Act 4367. Levee districts: See Levee Districts. Franchises for constructing booms, supervisors authorized to grant, Act 392. Lakes, sale of land uncovered by rescession, regulation of, Acts 2857, 4031. Lease of water by Irrigation district, Act 1729. Miner's inch of water, fixing and defining, Act 4365. Mooring to buoys or beacons prevented, Act 4354. Navigable streams, location of tow paths along, Act 4363. Navigable streams, obstruction of prevented, Act 4333. Overseers to regulate in particular county: See Particular Title. Particular stream or creek: See Particular Title. Protection districts: See Protection Districts. River improvement in cities' of third class, p. 819, § 535. Subterranean waters, prevention of waste of, Act 4356. Supervisors authorized to declare innavigable streams high- ways for logs and timber, Act 4361. Supervisors, duties regarding care, improvement and protection of streams and banks, p. 142, § 52. Throwing overboard of ballast prevented, Act 4354. Tow paths along navigable streams, location of, Act 4363. Water commissioners for various counties: See particular County WATER WORKS, cities authorized to acquire water, water rights, reservoir sites, etc.. Act 2337. Cities authorized to incur debt to construct water works, Acta 2361, 2900. Cities, bonds for construction of works to protect from over- flow, Act 2366. Cities, joint ownership of by, Act 2362. Cities of first class authorized to obtain water works, Act 2360. City owning authorized to sell excess, Act 2363. Incurring indebtedness for by cities, Acts 2361, 2900. WATSONVILLE, charter of, Act 4370; incorporation of, Act 4371. WAWONA, Yosemite and Wawona road, appropriation to purchase, Act 1452. WAYS: See Highways. WEAPONS, deadly, improper and criminal use of, prevention of. \ct 887. WEAVERVILLE. hogs and goats prevented from running at large in. Act 4376. WEEDS, eradication of certain weeds in cities, Act 3925. WEIGHTS AND MEASURES, standard of, Acts 4381, 4382. Warehousemen and wharfingers, weights and weighers for, Act 4383. WELLS, artesian wells: See Artesian Wells. Oil wells: See Oil. WEST SIDE IRRIGATION DISTRICT, creation of, Acts 1725, 4388. 1758 WHAI WIIAi pt«. Acta 4318. 4393. > for. Act WHAI 'T» oullmr ' Act 8up< I wen and duties of. p. 121. I 25, MM I \V 1 1 1 I \\ in n it::: uio. mlng on ground* of. Ju\. ■ Tru- "» or with private p»r*uu- \Y!HI» ANIMALS: S«* Animal*. WILD M STRICT RnUlmnake arhool d!> and. B wii. construct! \ « . to Wllmlnitti n. Art 'XTL WILL ulloua. k.(;» to. encour»gi:n> nt of. Acta • ; tur». \\ i IN I rvinit aubr 0o«l >. fp«« »nalc relatlTea of tfi'MM, ex-army i ! if art creating stat chsrltlm. p dint- Mv. A l X.M0. WORDS AN onspiracjr. Act 693. WORKSHOPS— TOSEMITE ETC., ROAD. 1739 WORKSHOPS, Eanitary conditions of factories and workshops, Act 2841. WRECKS, act concerning wrecks and wrecked property, Act 4437. Watercraft found adrift, act concerning, Act 4436. WRITS, summons: Sep Summons. Constables, authority of. to serve. Act S37, § 153. Validation of writs process and certificates Issued before courts have seals. Act 2791. YACHT CLUBS, Incorporation of authorized, Act 4442. YEAR, fiscal year changing in cities operating under charters. Act 1193. YOLO COUNTY, agriculture, protection of from trespassing ani- mals. Act 4447. Animals, trespassing in. Acts 4447. 4448. Boundary line between Lake and Yolo counties, Act 820. Canal, construction of in Colusa, Solano and Yolo counties, 3677, 4449. Canal in Colusa, ?nlano and Yolo counties, construction of. aiding of, Act 531. Drainage of certain lands in Colusa and Yolo counties, Acts 649, 4450. Fees of officers of. Act 4451. Gophers, in, destruction of. Act 186. Highways in, Act 4454. Hunting of game in restricted, Act 1312. Officers of, fees and. salaries of. Act 4451. Public administrator of, acts of legalized, Act 4452. Reclamation district No. 1U8, legalized, Act 2955. Reclamation district No 108, warrants and assessments to bear interest. Act 2956. Roads in, Act 4454. Road a.ong boundary between Yolo and Colusa counties, es- tablishing, Act 4453 Road, publ.c, along boundary line between Colusa and, Act 656. School moneys in, distribution of, Act 4455. Squirrels in, destruction of. Act 186. Supervisors authorized to approve petitions for formation of reclamation districts, Act 2971. Supervisors, terms of office and time of meeting of, Act 4456. Stallions prevented from running at large in, Act 1063. Swamp land district No. 150, formation of. Act 2960. Swamp land district No. 3u7, legalized, Act 29U5. Taxes, supervisors authorized to levy, Act 4457. Title to certain lands in quieted,. Acts 4458-4461. Title to tract of land in released to George Herget. Act 4461. Title to certain land released to United States and its grantees, Act 4459. Washington township, hogs and goats in, Act 4333. Yolo and Solano Canal district, formation of to protect lands from overflow by Putah Creek. Act 2905. YOLO SCHOOL DISTRICT, union with Putah school district, Act 3538. YOSEMITE AND WAWONA ROAD, appropriation to purchase. Act 1452. TOBEMITE VALLEY— TUBA CO V NTT. 70SBMI1 '■'. free wagon road from Mariposa town to. for. Act i Dtl In, provision for. Act 44<"9 I to federal government. Act 4t il of act I MartpQM to. Act | Road* within limits of. appropriation for purchu . ■ road, purchas* of. Act Big Onk Plat and - >wnsblp road, purchase of, Art mm I • teraus' Horn*. raUon of. Act VlliA CTTT. .^.corporation of. Act 4479. i STY. agriculture, j • if In Marvsvllle and ' liar townships. Act uala of a: inliiiK In. punishment of. Act 1(93. Animals, trespassing of In, A Animals, trespassing of In Marravillc and Long lUr ahips. Act and Yuba counties. Act 80S. . ■ - In. Acta 1134. Utt 1137 . In. Act . iwful. In Art »ful and fl n>d. Act ■ ftta and leaving open. Jui!. liter and Yuba Acta IMS. Lor* Mar township, prevention of treapasslng of animals. Act U-4 Long Hsr township. protection of agriculture In. Art 44«4 : Uriel In. Act I ■r .^passing of animal-. MarysTiile township, protection of agriculture In. Act 44-1. on; I met, of, Acts i Of lands Iron). Act 4490. \ i 4481 4492. 4493 RoS'". 4494. Bullions | running at large in. Act 10C3. University of California Library Los Angeles This book is DUE on the last date stamped below. als UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 884 543 o