University of California • Berkeley Gift of SPRING VALLEY WATER CO. CALIFORNIA RED BOOK HILLYER'S LEGAL MANUAL 1914 BY CURTIS HILLYER Of the San Francisco Bar Author of "Law of Evidence in California" SAN FRANCISCO BANCROFT-WHITNEY COMPANT 1914 Copyright, 1914 BY BANCEOFT-WHITNEY COMPANY San Francisco The Filmer Brothers Electrotype Company Typographers and Stereotypers PREFACE. In this book a very large mass of material has been assembled from many sources, with the design of having under one cover a handy up-to-date reference book covering matters of a legal nature which it is difficult to keep up to date in text-books devoted to one subject. There are also included statistical and other general information which it is believed will be of value to the profession. In the assembling for the first time of so much and varied in- formation from different sources, it is inevitable that errors have crept in. The editor and the publishers will appreciate having their atten- tion called to any such. It is intended to annotate and keep up to date the matters treated in the first issue. Additional matters will be treated in future issues. Suggestions along this line will be welcomed. Attorneys and others whose names appear in this book will confer a favor upon the editor and publishers by notifying them of changes of address, so that they may appear properly in future editions. CURTIS HILLYER. San Francisco, April 1, 1914. Room 628, Chronicle Building. (iii) Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/californiaredbooOOhillrich TABLE OF CONTENTS. Page Calendar 1914 1 Consolidated Calendar— 1890-1920 7 Inter-Date Calendar 10 Chronology of California 11 Law and Motion Day 17 Legal Holidays IS Metric System 22 Domestic Weights and Measures 23 Values of Foreign Coins 24 Public Land Subdivisions 25 California Spanish Land Measure 26 Miner's Inch Measurements 27 Water Measurement — Convenient Equivalents 28 American Experience Table of Mortality 29 Damage Table 30 Table of Credits to Convicts 34 Table of Interest Rates 36 Synopsis of Divorce Laws 37 Anti-Trust Laws: Sherman Anti-Trust Act 189 Cartwright Act 190 Unfair Competition Act 194 Bank Laws: Bank Act of California 196 National Bank Act 267 Tax on State Bank Circulation 319 Tax on United States and National Bank Notes 321 Tariff Act Approved August 5, 1909 333 Federal Reserve Act 334 Banks in California 366 Building and Loan Associations : General Instructions for the Formation of New Building and Loan Associations , 416 Civil Service: Civil Service — Constitutional Provision 391 Civil Service Act 391 General Rules of the State Civil Service Commission 405 Corporation Fees and Taxes : Table of Organization Fees — Domestic Corporations 54 Table of Annual License Taxes — Domestic Corporations .... 55 (V) VI TABLE OF CONTENTS. Corporation Fees and Taxes — Continued: Page Table of Orij^^inal License Fees — Foreign Corporations...... 56 Table of Annual License Taxes — Foreign Corporations 57 Stockholders and Stocks of Foreign Corporations 58 Table of States Taxing Inheritance 620 Elections : OtKcial Vote— General Election— November, 1912 1165 Table of Municipal Election Dates and Commencement of Offi- cial Terms 1178 Synopsis of Election Laws 1178 Fee Tables: Table of Fees 975 Rate Schedule of Bonding Companies for Court, Fiduciary, Insolvency and Probate Bonds 1021 Short Rate Table 1027 Title Insurance Rates 1028 Government: National Government 1195 State Government 1200 County Government 1229 Notaries Public 1279 Attorneys at Law 1287 Abstracters of Title 1344 Newspapers 1346 Income Tax : Federal Income Tax — Scope and Operation 80 Federal Income Tax Law 85 Instructions of the United States Treasurer Regarding the Income Tax 104 Old Corporation Tax Law and Regulations — Act of 1909 112 Regulations Under Act of 1909 119 Synopsis of Decisions — Act of 1909 125 Depreciation in Coals, Minerals, etc 134 Depletion of Oil Properties 136 Depletion of Natural Gas Property 138 Inspection of Returns 140 Abatement or Refunding of Penalties 143 Abatement of Assessments or the Refunding of Taxes Claimed Under the Decision of the United States Supreme Court in the Case of McCoach, Collector, v. Minehill etc. Railroad Co 143 Industrial Accidents: Industrial Accidents — Employer's Liability 418 Workmen's Compensation, Insurance and Safety Act 418 Rules of the Industrial Accident Board of California 461 Instructions and Schedules . . . , 464 TABLE OF CONTENTS. Vll Inheritance Taxes: Page Inheritance Tax Act of 1893 59 Table of Rates and Exemptions Under Law of 1905 60 Table of Rates and Exemptions Under Law of 1911 60 Inheritance Tax Table— 1913 61 Inheritance Tax Act of 1913 62 Rates of Inheritance Taxes and Exemptions 79 Mining : United States Mining Laws 517 Regulations 528 California Mining Laws 565 Naturalization : Naturalization Laws 594 Naturalization Regulations 613 Table of States Taxing Inheritances 620 Oil Laws: Oil Laws 621 Withdrawal Act 621 Patents : Patents 628 Pensions : Army and Navy Pensions — Applications and Attorneys 647 Table of Attorneys' Fees 650 Rules of Practice in Pension and Bounty Land Appeals 657 Regulations and Instructions Relating to Pension Claims. . . . 661 Political Subdivisions : Senatorial Districts 1348 Assembly Districts 1356 Congressional Districts 1368 Fish and Game Districts 1368 Agricultural Districts 1369 Population : Population of California by Decades 1184 Population of Minor Civil Divisions, 1910 1185 Postal Regulations: Postal Service 691 Public Lands: Suggestions to Homesteaders and Persons Desiring to Make Homestead Entries 736 United States Homestead Laws 755 Regulations Governing Entries and Proofs Under the Desert Land Laws 787 United States Land Office — Rules of Practice 808 VIU TABLE OF CONTENTS. Public Utilities: Page Public Utilities — Constitutional Provisions 824 Public Utilities Act 828 Water Companies Act 884 Full Crew Act • 886 Headlight Act 888 Pipe-Line Act 889 Pipe-Line License Act 898 Act Declaring Pipe Lines Common Carriers 903 Pure Food: The Federal Food and Drug Act 924 Rules and Regulations for the Enforcement of the Food and Drug Act 931 California Pure Foods Act 946 California Pure Drugs Law 952 Rules and Regulations for the Enforcement of the California Pure Foods and Drugs Act 957 California Pure Foods Act 946 California Pure Drugs Law 952 Rules and Regulations for the Enforcement of the California Pure Foods and Drugs Act 957 Food Sanitation Act of March 6, 1909 968 Acts Relative to Labeling of Cold Storage Eggs and Butter. . 971 Rules : Rules United States Supreme Court 1028 Rules of Practice for United States Courts of Equity 1043 Rules of Admiralty Practice on the Instance Side of the Court, in Pursuance of the Act of the 23d of August, 1842, Chapter 188 1061 General Orders in Bankruptcy 1073 United States Supreme Court 1083 Clerk 's Instructions as to Applications for Writs of Certiorari Under Act of March 3, 1891 1083 Rules — United States Circuit Court of Appeals — Ninth Cir- cuit 1084 Rules in Admiralty — Circuit Court of Appeals, Ninth Circuit . 1097 Rules — United States District Court, Southern District of California 1099 Rules — Supreme Court and District Courts of Appeal — Cali- fornia 1116 Rules of Practice — Superior Court — San Francisco 1128 Rules — Superior Court — Los Angeles County 1144 Rules — Justices' Court — San Francisco 1156 Rules — Police Court — San Francisco 1159 Rules — Attorney General — Leave to Sue 1160 Rules — For Parolinoj of Prisoners 1162 TABLE OF CONTENTS. IX State Taxes: Page Taxation for State Purposes 144 Statutory Provisions 148 General Information in Regard to State Taxes 178 Synopsis of Tax Laws '. 180 Values of Property in, and Indebtedness of, Each County for the Year 1913 188 Time Table : Consolidated County Table. 1370 Time Table 1371 White Slave : White Slave Traffic 972 HILLYER'S LEGAL MANUAL. 1. Thursday 2. Friday 5. Monday 12. Monday 13. Tuesday 16. Friday 26. Monday 31. Saturday 2. Monday CALENDAR 1914. JANUARY. —New Year's Day. Legal Holiday. (Pol. Code, 10.) Motor vehicle law effective. (Stats. 1913, p. 656.) Workmen's Compensation Act in force. (Stats. 1913, p. 320.) ^New registration begins. (Pol. Code, 1094.) Last day for factory owners to file statements. (Stats. 1913, p. 444.) Last day for mortgage insurance companies to obtain certificates. (Stats. 1913, p. 481.) — United States Circuit Court of Appeals adjourned session at San Francisco. California Supreme Court — Law and motion calendar at San Francisco. Second installment of taxes payable. (Pol. Code, 3746.) Superior Courts — Kegular session begins. (Code Civ. Proc. 73.) Cities of sixth class — Municipal officers take office. (Mun. Corp. Bill, 605.) Long Beach, Los Angeles, Riverside, San Francisco, Santa Bar- bara and Santa Monica — Municipal officers take office. — California Supreme Court — San Francisco session begins. United States District Court — January term begins at Los An- geles. — ^State Board of Medical Examiners meets at Sacramento. (Stats. 1913, p. 723.) — Last day for savings banks to report unclaimed deposits to Super- intendent of Banks. (Bank Act, sec. 15.) — District Courts of Appeal — Law and motion day. — Last day for insurance companies to report investments. (Pol. Code, 421.) FEBRUARY. — United States Circuit Court of Appeals — Calendar session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. Second installment of state corporation franchise tax delinquent 6 P. M. (Stats. 1911, p. 530.) (1) HILLYER^S LEGAL MANUAL. 12. Thursday 16. Monday 23. Monday 28. Saturdav — Lincoln Day. Legal Holiday. (Pol. Code, 10.) — Last day to commence suit to recover state franchise taxes paid under protest. (Stats. 1911, p. 530.) — ^Washington's Birthday. Legal Holiday. (Pol. Ck)de, 10.) — Corporation Charters forfeited 6 P. M. for nonpayment of fran- chise tax. (Stats. 1911, p. 530.) MARCH. 2. Monday (Pol. Code, 7. Saturday 9. Monday 10. Tuesday 12. Thursday — Keal and personal property taxes a lien at 12 M. 3717.) Poll tax payable to county assessor. (Pol. Code, 3840.) United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion calendar at San Francisco. United States District Court — March term begins at San Fran- cisco. Last day to file income tax statements. —Bird and Arbor Day. (Stats. 19€9, p. 134.) — Municipal elections in cities of second class. (Mun. Corp. Act, 301.) United States District Court — March term begins at San Diego. — Municipal elections in cities of the third class. (Mun. Corp. Act, 502.) — Last day to file corporation franchise reports with State Board of Equalization. (Stats. 1911, p. 530.) Last day for banks and trust companies to file statement of condition with State Board of Equalization. (Stats. 1911, p. 530.) 16. Monday — Municipal officers take office in cities of the second class. Corp. Act, 319.) Municipal officers take office in cities of the third class. Corp. Act, 502.) 23. Monday — District Courts of Appeal — Law and motion day. Municipal election day — Marysville. University of California — Charter day. APRIL. 1. Wednesday — Minimum wage scale may become effective. (Stats. 1913, p. 635.) 3. Friday — School district elections throughout State. (Pol. Code, 1593.) 6. Monday — United States Circuit Court of Appeals — Adjourned session San Francisco. California Supreme Court — Los Angeles session begins. Eailroad companies — Last day to file statement with State Board of Equalization. (Pol. Code, 3664.) Municipal election — Santa Clara. Superior Courts — Regular sessions begin. (Code Civ. Proc. 73.) 7. Tuesday — Municipal election — Santa Rosa. 10. Friday — Good Friday. (Mun. (Mun. CALENDAR 1914. 12. Sunday — Easter Sunday. 13. Monday — Municipal elections — Cities of the sixth class. (Mun. Corp. Act^ 852.) Municipal election — Alameda. United States District Court — Sacramento session begins. — Municipal officers take office in cities of sixth class. (Mun. Corp. Act, 852.) — Municipal officers take office in Santa Eosa. — District Courts of Appeal — ^Law and motion day. Second installment of real and personal property taxes delin- quent 6 P. M. (Pol. Code, 3746.) — Insurance companies — Last day to file quarterly report of in- vestments. (Pol. Code, 421.) Monday Tuesday Monday Thursday MAY. 1. Friday — School trustees take office. 2. Saturday — School boards organize. (Pol. Code, 1649.) High school trustees take 'Office. (Pol. Code, 1731.) High school boards organize. (Pol. Code, 1740.) Municipal election — Sacramento. 4. Monday — United States Circuit Court of Appeals — Calendar session at San Francisco. California Supreme Court — Sacramento session begins. United States District Court — May term begins at Fresno. University of California — Commencement. -School election — Grass Valley. Last day to commence publication of notice of annual meeting of corporations which have no annual meeting provided by by-laws. (Civ. Code, 301, 302.) Stanford University — Commencement. District Courts of Appeal — Law and motion day. -Last day for naturalization for August primary. (Pol. Code, 1096.) 30. Saturday — Memorial Day. Legal holiday. (Pol. Code, 10.) 13. Wednesday- 18. Monday 2^. Monday 27. Wednesday JUNE. 1. Monday — United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. Insurance — Surplus line brokers pay three per cent tax to In- surance Commissioner. (Pol. Code, 596.) 2. Tuesday — Annual meeting of all corporations unless otherwise prescribed in by-laws. (Civ. Code, 302.) 5. Friday — Last day to commence publication of delinquent tax list. (Pol. Code, 3764.) 15. Monday — State Board of Equalization completes corporate franchise as- sessments. (Stats. 1911, p. 530.) hillyer's legal manual. 16. Tuesday — Earliest day to secure signatures for August primary. 1913, p. 1386.) 22. Monday — District Courts of Appeal — Law and motion day. 30. Tuesday —School year ends. (Pol. Code, 1878.) Last day to pay income tax. (Stats. JULY. 1. Wednesday — Fiscal year commences. Insurance licenses expire. (Pol. Code, 596.) School year begins. (Pol. Code, 1878.) Corporation license taxes payable. (Stats. 1905, p. 493.) Municipal officers take office in Sacramento. 4. Saturday — Independence Day. Legal holiday. (Pol. Code, 10.) €. Monday — United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. County assessors complete assessment-rolls. (Pol. Code, 3652.) Supervisors meet as county boards of equalization. (Pol. Code, 3672.) State Board of Equalization completes correction of record of assessment of taxes for state purposes. (Stats. 1911, p. 530.) Corporate franchise taxes payable. (Stats. 1911, p. 530.) Superior Courts — Regular session begins. (Code Civ. Proc. 73.) Last day for new parties to file petition to participate in August primary. (Stats. 1913, p. 1381.) 13. Monday — United States District Court — July terms begin at San Fran- cisco and Los Angeles. 16. Thursday — Last day to file nomination papers for August primary. (Stats. 1913, p. 1389.) 20. Monday — State Board of Equalization meets at Sacramento. (Pol. Code, 3665.) California Supreme Court — Sacramento session begins. United States District Court — July term begins at Eureka. 21. Tuesday — Last day to file acceptance of nomination for August primary. (Stats. 1913, p. 1389.) 25. Saturday — Registration closes for August primary. (Pol. Code, 1094.) 27. Monday — District Courts of Appeal — Law and motion day. 31. Friday — ^Last day for insurance companies to file quarterly report of in- vestments. (Pol. Code, 421.) AUGUST. 1. Saturday — Last day for assessor to collect personal property taxes. (Pol. I Code, 3821.) 3. Monday — United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. CALENDAR 1914. 5 Open sessions of State Board of Equalization end. (Pol. Code, 3665.) Poll tax delinquent increases to $3.00. (Pol. Code, 3839.) 5. Wednesday — Last day for naturalization for general election. (Pol. Code, 1083.) 17. Monday — First installment corporation franchise tax delinquent 6 P. M. (Stats. 1911, p. 530.) 24. Monday — District Courts of Appeal — Law and motion day. 25. Tuesday — Primary Election Day. Legal holiday. (Stats. 1913, p. 1382.) SEPTEMBER. 4. Friday — Earliest day to file certificates of nomination with County Clerk or Secretary of State. (Pol. Code, 1192.) -Labor Day. Legal holiday. (Pol. Code, 10.) -United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. County Central Committees organize. (Stats. 1913, p. 1047.) -Admission Day. Legal holiday. (Pol. Code, 10.) -Last day to file statement of primary election expenses. (Stats. 1913, p. 1411.) -United States District Court — September term begins at San Diego. Earliest day to file certificates of nomination for municipal offices. (Pol. Code, 1192.) 15. Tuesday — State conventions meet at Sacramento. (Stats. 1913, p. 1405.) State officers, except controller, report to Governor. (Pol. Code, 332, 1532.) -Jewish New Year. Supervisors fix tax levy. (Pol. Code, 3714.) -District Courts of Appeal — Law and motion day. -Last day to file certificates of nomination with County Clerk or Secretary of State. (Pol. Code, 1192.) 7. Monday 8. Tuesday 9. Wednesday- 10. Thursday - 14. Monday 21. Monday 28. Monday 29. Tuesday OCTOBER. 1. Thursday — Last day for liability companies to file statement of experience. (Pol. Code, 602a.) 3. Saturday — Last day for nominees to withdraw. (Stats. 1913, p. 1408.) Registration closes for general election. (Pol. Code, 1094.) 5. Monday — United States Circuit Court of Appeals — Calendar session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. Superior Courts — Regular session begins. (Code Civ. Proc, 73.) Muster-rolls of National Guard filed with Adjutant-General. (Pol. Code, 1902.) 6. Tuesday — Municipal election — Stockton. hillyer's legal manual. 12. Monday — Calumbus Day. Legal holiday. (Pol. Code, 10.) United States Supreme Court — October term begins at Washing- ton, D. C. 13. Tuesday — California Supreme Court — Los Angeles session begins. First installment of real and personal property taxes payable. (Pol. Code, 3746.) Last day to file certificates of nomination for municipal offices. (Pol. Code, 1192.) Tuesday — Municipal election (second) — Stockton. Monday — District Courts of Appeal — Law and motion day. Saturday — Last day for insurance companies to file quarterly report of in- vestments. (Pol. Code, 421.) 14. Wednesday- 20. 26. 31. 2. Monday 3. Tuesday 9. Monday 18. Wednesday- 23. Monday 26. Thursday 30. Monday NOVEMBER. -United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. LTnited States District Court — November term begins at San Francisco. -Election Day. Legal holiday. -Canvassing Boards meet. (Pol. Code, 1278.) California Supreme Court — ^Sacramento session begins. United States District Court — November term begins at Fresno. -Last day to file statement of election expenses. (Stats. 1913, p. 396.) -District Courts of Appeal — Law and motion day. -Thanksgiving Day. Legal holiday. -First installment of real and personal property taxes delinquent 6 P. M. (Pol. Code, 3746.) DECEMBER. 7. Monday — United States Circuit Court of Appeals — Adjourned session at San Francisco. California Supreme Court — Law and motion day at San Fran- cisco. Last day for assessor to collect poll tax. (Pol. Code, 3840.) 15. Tuesday — Controller reports to Governor. (Pol. Code, 332.) 22. Tuesday — Last day to file claims against State for legislative action. (Pol. Code, 243.) 25. Friday — Christmas Day. Legal holiday. (Pol. Code, 10.) 28. Monday — ^District Courts of Appeal — Law and motion day. 31. Thursday —State Fair Bond Act effective, if ratified. (Stats. 1913, p. 933.) San Francisco Harbor Bond Act effective, if ratified. (Stats. 1913, p. 1122.) CONSOLIDATED CALENDAR 1890-1920. 7 CONSOLIDATED CALENDAR— 1890=1920. To find day of week for any given date, look for the corresponding month at the right of the required year; the calendar for that month will be found at the bottom of the eolumn. 1890 Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. June 1891 June Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. 1892 Feb. Aug. March Nov. June Sept. Dec. Jan. April July Oct. May 1893 May Aug. Feb. March Nov. June Sept. Dec. April July Jan. Oct. 1894 Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. April July 1895 April July Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. 1896 June Sept. Dec. Jan. April July Oct. May Feb. Aug. March Nov. 1897 Feb. March Nov. June Sept. Dec. April July Jan. Oct. May Aug. 1898 Aug. Feb. March Nov. June Sept. Dec. April July Jan. Oct. May -, IMonday 2Tuesday SWednes. 4Thur3. SFriday eSaturday 7Sunday SMonday 9Tuesday lOWednes. 1 IThurs. 12 Friday 13Saturday 14Sunday ISMonday 16Tuesday 17Wednes. ISThurs. 19Friday 2QSaturday 21Sunday 22Monday 23Tuesday 24Wednes. 2SThurs. 26Friday 27Saturday 28Sunday 29Monday SOTuesday 3 IWednes. ITuesday 2Wednes. SThurs. 4Friday SSaturday eSunday 7 Monday STuesday 9Wednes. IGThurs. 11 Friday 12Saturday ISSunday 14Monday ISTuesday leWednes. 17Thurs. ISFriday 19Saturday 20Sunday 2 IMonday 22Tuesday 23Wednes. 24Thurs. 25Friday 26Saturday 27Sunday 28Monday 29Tuesday SOWednes. SlThurs. IWednes. 2Thurs. SFriday 4Saturday SSunday GMonday 7Tuesday SWednes. 9Thurs. lOFriday 11 Saturday 12Sunday ISMonday 14Tuesday ISWednes. 16Thurs. 17 Friday ISSaturday 19Sunday 20Monday 2 ITuesday 22Wednes. 23Thurs. 24Friday 2SSaturday 26Sunday 27Monday 28Tuesday 29Wednes. SOThurs. 31 Friday IThurs. 2 Friday SSaturday 4Sunday SMonday 6Tuesday 7Wednes. SThurs. 9 Friday lOSaturday llSunday 12Monday 13Tuesday 14Wednes. ISThurs. 16Friday 17Saturday ISSunday 19Monday 20Tuesday 2 IWednes. 22Thurs. 23Friday 24Saturday 25Sunday 26Monday 27Tuesday 28Wednes. 29Thurs. SOFriday SlSaturday 1 Friday 2Saturday SSunday 4Monday STuesday eWednes. 7Thurs. SFriday 9Saturday lOSunday 11 Monday 12Tuesday ISWednes. 14Thurs. ISFriday leSaturday 17Sunday ISMonday 19Tuesday 20Wednes. 2 IThurs. 22 Friday 23Saturday 24Sunday 2 SMonday 26Tuesday 27Wednes. 28Thurs. 29Friday SOSaturday SlSunday iSaturday 2Sunday SMonday 4Tuesday SWednes. 6Thurs. 7 Friday SSatiirday 9Sunday lOMonday 1 ITuesday 12Wednes. ISThurs. 14Friday ISSaturday leSunday 17Monday ISTuesday 19Wednes. 20Thurs. 21 Friday 22Saturday 23Sunday 24Monday 25Tuesday 26Wednes. 27Thurs. 28Friday 29Saturday SOSunday SlMonday 1 Sunday 2Monday STuesday 4Wednes. STliurs. 6Friday 7Saturday SSunday 9Monday lOTuesday 1 IWednes. 12Thurs. ISFriday 14Saturday ISSunday 16Monday 17Tuesday ISWednes. 19Thurs. 20Friday 2 ISaturday 22Sunday 23Monday 24Tuesday 2SWednes. 26Thurs. 27 Friday 28Saturday 29Sunday SOMonday 3 ITuesday HILLYER'S LEGAL MANUAL. 1899 May Aug. Feb. March Nov. June Sept. Dec. April July Jan. Oct. 1900 Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. April July 1901 April July Jan. Oct May Aug. Feb. March Nov. June Sept. Dec. 1902 Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. June 1903 June Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. 1904 Feb. Aug. March Nov June Sept. Dec. Jan. April July Oct. May 1905 May Aug. Feb. March Nov. June Sept. Dec. April July Jan. Oct. 1906 Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. April July 1907 April July Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. 1908 June Sept. Dec, Jan. April July Oct. May Feb. Aug. March Nov. 1909 Feb. March Nov. June Sept. Dec. April July Jan. Oct. May Aug. IMonday 2Tuesday 3Wednes. 4Thurs. SFriday eSaturday 7 Sunday SMonday 9Tuesday lOWednes. 1 IThurs. 12 Friday 13Saturday 14Sunday ISMonday IBTuesday 17Wednes. ISThurs. 19Friday 20Saturday 21Sunday 22Monday 23Tue3day 24Wednes. 25Thurs. 26Friday 27Saturday 28Sunday 29Monday 30Tuesday 31Wedne3. ITuesday 2Wednes. 3Thurs. 4Friday 5Saturday eSunday 7 Monday STuesday 9Wednes. lOThurs. 11 Friday 12Saturday 13Sunday UMonday ISTuesday leWednes. 17Thurs. 18 Friday 19Saturday 20Sunday 2 IMonday 22Tuesday 23Wednes. 24Thurs. 25Friday 26Saturday 27Sunday 28Monday 29Tuesday 30Wednes. 3 IThurs. IWednes. 2Thurs. 3Friday 4Saturday SSunday 6Monday 7Tuesday SWednes. 9Thurs. lOFriday 1 ISaturday 12Sunday 13Monday 14Tuesday ISWednes. 16Thurs. 17 Friday ISSaturday 19Sunday 20Monday 21Tuesdav 22Wednes. 23Thurs. 24Friday 2SSaturday 26Sunday 27Monday 28Tuesday 29"Wednes. 30Thurs. 31Friday IThurs. 2 Friday 3Saturday 4Sunday SMonday GTuesday 7Wednes. SThurs. 9 Friday lOSaturday llSunday 12Monday 13Tuesday 14Wednes. ISThurs. 16Friday 17Saturday ISSunday 19Monday 20Tuesday 2 IWednes. 22Thurs. 23 Friday 24Saturday 25Sunday 26Monday 27Tuesday 28Wednes. 29Thurs. 30Friday 3 ISaturday IFriday 2Saturday SSunday 4Monday STuesday eWednes. 7Thurs. SFriday 9Saturday lOSunday llMonday 12Tuesday 13Wednes. 14Thurs. 1 SFriday leSaturday 17Sunday ISMonday 19Tuesday 20Wednes. 2 IThurs. 22 Friday 23Saturday 24Sunday 2SMonday 26Tuesday 27Wednes. 28Thurs. 29Friday 30Saturday SlSunday ISaturday 2Sunday 3Monday 4Tuesday SWednes. 6Thurs. 7 Friday SSaturday 9Sunday lOMonday 1 ITuesday 12Wednes. 13Thurs. 14Friday ISSaturday leSunday 17Monday ISTuesday 19Wednes. 20Thurs. 2 IFriday 22Saturday 23Sunday 24Monday 2STuesday 26Wednes. 27Thurs. 28 Friday 29Saturday SOSunday 31Monday ISunday 2Monday 3Tuesday 4Wednes. SThurs. 6Friday 7Saturday SSunday 9Monday lOTuesday llWednes. 12Thurs. 13Friday 14Saturday ISSunday 16Monday 17Tuesday ISWednes. 19Thurs. 20Friday 2 ISaturday 22Sunday 23Monday 24Tuesday 25Wedne8. 26Thurs. 27Friday 28Saturday 29Sunday 30Monday 3 ITuesday CONSOLIDATED CALENDAR 1890-1920. 1910 Aug. 1 Feb. March Nov. June Sept. Dec. April July Jan. Oct. May 1911 May Aug. Feb. March Nov. June Sept. Dec. April July Jan. Oct. 1912 Jan. April July Oct. May Feb. Aug. March Nov. June Sept. Dec. 1913 Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. June 1914 June Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. 1915 Feb. March Nov. June Sept. Dec. April July Jan. Oct May Aug. 1916 May Feb. Aug. March Nov. June Sept. Dec. Jan. April July Oct. 1917 Jan. Oct. May Aug. Feb. March Nov. June Sept. Dec. April July 1918 April July Jan. Oct. May 1 Aug. Feb. March Nov. June Sept. Dec. 1919 Sept. Dec. April July Jan. Oct. May Aug. Feb. March Nov. June 1920 March Nov. IMonday 2Tuesday SWednes. 4Thurs. 5Friday eSaturday TSunday SMonday 9Tuesday lOWednes. llThurs. 12 Friday ISSaturday 14Sunday ISMonday IGTuesday 17Wednes. ISThurs. lOFriday 20Saturday 21Sunday 22Monday 23Tuesday 24Wednes. 25Thurs. 26Friday 27Saturday 28Sunday 29Monday SOTuesday SlWednes. June Sept. Dec. ITuesday 2Wednes. 3Thurs. 4Friday SSaturday 6Sunday 7 Monday STuesday 9Wednes. lOThurs. 11 Friday 12Saturday ISSunday 14Monday 15Tuesday leWednes. 17Thurs. ISFriday IQSaturday 20Sunday 2 IMonday 22Tuesday 23Wednes. 24Thurs. 25Friday 26Saturday 27Sunday 28Monday 29Tuesday aOWednes. BlThurs. IWednes. 2Thurs. 3 Friday 4Saturday 5Sunday 6Monday 7Tuesday SWednes. 9Thurs. lOFriday 11 Saturday 12Sunday 13Monday 14Tuesday 1 SWednes. 16Thurs. 17Friday ISSaturday 19Sunday 20Monday 21Tuesdav 22Wednes. 23Thurs. 24Friday 25Saturday 26Sunday 27Monday 28Tuesday 29Wednes. 30Thurs. 31 Friday Jan. April July IThurs. 2 Friday 3Saturday 4Sunday SMonday 6Tuesday 7Wednes. SThurs. 9 Friday lOSaturday llSunday 12Monday ISTuesday 14Wednes. ISThurs. IGFriday 17Saturday ISSunday 19Monday 20Tuesday 2 IWednes. 22Thurs. 23Friday 4Saturday 25Sunday 26Monday 27Tuesday 28Wednes. 29Thurs. 30Friday 31 Saturday Oct. May 1 Friday 2Saturday BSunday 4Monday STuesday eWednes. 7Thurs. SFriday 9Saturday lOSunday 1 IMonday 12Tuesday 13Wednes. 14Thurs. ISFridav leSaturday 17Sunday ISMonday 19Tuesday 20Wednes. 2 IThurs. 22 Friday 23Saturday 24Sunday 25Monday 26Tuesday 27Wednes. 28Thurs. 29Friday 30Saturday 31Sunday Feb. Aug. 1 Saturday 2Sunday 3Monday 4Tuesday SWednes. 6Thurs. 7Friday SSaturday 9Sunday lOMonday 1 ITuesday 12Wednes. 13Thurs. 14 Friday ISSaturday leSunday 17Monday ISTuesday 19W^ednes. 20Thurs. 21 Friday 22Saturday 23Sunday 24Monday 2STuesday 26Wednes. 27Thurs. 2S Friday 29Saturday 30Sunday SlMonday 1 Sunday 2Monday 3Tuesday 4Wednes. SThurs. 6 Friday 7Saturday SSunday 9Monday lOTuesday 1 IWednes. 12Thurs. 13Friday 14Saturday ISSunday ISMonday 17Tuesday ISWednes. 19Thurs.l 20Friday 21 Saturday 22Sunday 23Monday 24Tuesday 25Wednes. 26Thurs. 27 Friday 28Saturday 29Sunday 30Monday 3 ITuesday 10 hillyer's legal manual. INTER-DATE CALENDAR. JANUAEY 1, ic^l4, AND DECEMBER 31, 1915. To find tlie number of days between any two dates, find the respective num- bers of the two dates and subtract. 1914. Mo Day Jan. Feb. Mar. April. May. June. July. Aug. Sept. Oct. Nov. Dec 1 1 32 60 91 121 152 182 213 244 274 305 335 2 2 33 61 92 122 153 183 214 245 275 306 336 3 3 34 62 93 123 154 184 215 246 276 307 . 337 4 4 35 63 94 124 155 185 216 247 277 308 338 5 5 36 64 95 125 156 186 217 248 278 309 339 6 6 37 65 96 126 157 187 218 249 279 310 340 7 7 38 66 97 127 158 188 219 250 280 311 341 8 8 39 67 98 128 159 189 220 251 281 312 342 9 9 40 68 99 129 160 190 221 252 282 313 343 10 10 41 69 100 130 161 191 222 253 283 314 344 11 11 42 70 101 131 162 192 223 254 284 315 345 12 12 43 71 102 132 163 193 224 255 285 316 346 13 13 44 72 103 133 164 194 225 256 286 317 347 14 14 45 73 104 134 165 195 226 257 287 318 348 15 15 46 74 105 135 166 196 227 258 288 319 349 16 16 47 75 106 136 167 197 228 259 289 320 350 17 17 48 76 107 137 168 198 229 260 290 321 351 18 18 49 77 108 138 169 199 230 261 291 322 352 19 19 50 78 109 139 170 200 231 262 292 323 353 20 20 51 79 110 140 171 201 232 263 293 324 354 21 21 52 80 111 141 172 202 233 264 294 325 355 22 22 53 81 112 142 173 203 234 265 295 326 356 23 23 54 82 113 143 174 204 235 266 296 327 357 24 24 55 83 114 144 175 205 236 267 297 328 358 25 *25 56 84 115 145 176 206 237 268 298 329 359 26 26 57 85 116 146 177 207 238 269 299 330 360 27 27 58 86 117 147 178 208 239 270 300 331 361 28 28 59 87 118 148 179 209 240 271 301 332 362 29 29 88 119 149 180 210 241 272 302 333 363 30 30 .. 89 120 150 181 211 242 273 303 334 364 31 31 .. 90 ... 151 . . . 212 243 304 365 INTER-DATE CALENDAR. H 1915. Mo. Day. Jan. Feb. Mar. April. May. June. July. Aug. Sept. Oct. Nov. Dec. 1 366 397 425 456 486 517 547 578 609 639 670 700 2 367 398 426 457 487 518 548 579 610 640 671 701 3 368 399 427 458 488 519 549 580 611 641 672 702 4 369 40O 428 459 489 520 550 581 612 642 673 703 5 370 401 429 460 490 521 551 582 613 643 674 704 6 371 402 430 461 491 522 552 583 614 644 675 705 7 372 403 431 462 492 523 553 584 615 645 676 706 8 373 404 432 463 493 524 554 585 616 646 677 707 9 374 405 433 464 494 525 555 586 617 647 678 708 10 375 406 434 465 495 526 556 587 618 648 679 709 11 376 407 435 466 496 527 557 588 619 649 680 710 12 377 408 436 467 497 528 558 589 620 650 681 711 13 378 409 437 468 498 529 559 590 621 651 682 712 14 379 410 438 469 499 530 560 591 622 652 683 713 15 380 411 439 470 500 531 561 592 623 653 684 714 16 381 412 440 471 501 532 562 593 624 654 685 715 17 382 413 441 472 502 533 563 594 625 655 686 716 18 383 414 442 473 503 534 564 595 626 656 687 717 19 384 415 443 474 504 535 565 596 627 657 688 718 20 385 416 444 475 505 536 566 597 628 658 689 719 21 386 417 445 476 506 537 567 598 629 659 690 720 22 387 418 446 477 507 538 568 599 630 660 691 721 23 388 419 447 478 508 539 569 600 631 661 692 722 24 389 420 448 479 509 540 570 601 632 662 693 723 25 390 421 449 480 510 541 571 602 633 663 694 724 26 391 422 450 481 511 542 572 603 634 664 695 725 27 392 423 451 482 512 543 573 604 635 665 696 726 28 393 424 452 483 513 544 574 605 636 666 697 727 29 394 ... 453 484 514 545 575 606 637 667 698 728 30 395 454 485 515 546 576 607 638 668 699 729 31 396 455 516 577 608 . • . 669 730 CHRONOLOGY OF CALIFORNIA. 1492 — Columbus discovers America. 1493 — Pope Alexander VI divides the world between Spain and Portugal. 1494 — Treaty of Tordesillas "The Partition of the Ocean," between Spain and Portugal. 1516 — Death of Ferdinand the Catholic. Carlos I, King of Spain. 1519 — Cortez lands in Mexico. Carlos I crowned Emperor of Holy Eoman Empire as Charles V. 1529 — Cortez completes the Conquest of Mexico. 1542 — Cabrillo visits California. 12 1556 — Abdication of Charles V. Philip II, King of Spain. 1579 — Sir Francis Drake visits California. 1598— Philip III, King of Spain. 1602 — Vizcaino visits sites of Sau Diego and Monterey. 1621— Philip IV, King of Spain. 1665— Carlos II, King of Spain. 1697— Pious Fund founded. 1700— Philip V, King of Spain. 1745 — Russians visit California. 1759— Carlos III, King of Spain. 1767 — Carlos III banishes Jesuits from Spanish territory. 1768 — Father Junipero Serra appointed president of the missions. 1769 — Caspar de Portola, Governor of California. Caspar de Portola and Father Serra arrive at San Diego. Mission of San Diego de Alcala founded at San Diego. Presidio of San Diego founded. 1770 — Portola takes possession of California in name of Carlos III. Mission of San Carlos de Borromeo founded at Monterey. Presidio of Monterey founded. 1771 — Mission of San Carlos de Rio Carmel founded at Carmel. Mission of San Antonio de Padua founded at Kings City. Mission of San Gabriel Arcangel founded at San Gabriel. Felipe de Barri, Governor of California. 1772 — Mission of San Luis Obispo de Tolosa founded at San Luis Obispo. 1774 — Felipe de Neve, Governor of California. 1776 — Mission of San Francisco de Asis (Dolores) founded at San Francisco. Presidio of San Francisco founded. Mission of San Juan Capistrano founded at Capistrano. 1777 — San Jose founded. Mission of Santa Clara de Asis founded at Santa Clara. 1781 — Mission of Nuestra Senora de Los Angeles founded at Los Angeles. Pueblo of Los Angeles founded. 1872 — Mission of San Buenaventura founded at Ventura. Presidio of Santa Barbara founded. Pedro Fajes, Governor of California. 1784 — iDeath of Father Serra. 1786 — Mission of Santa Barbara founded at Santa Barbara. 1787 — Mission of La Purisima Concepcion founded near Lompoc. 1788 — Carlos IV, King of Spain. 1791 — Jose Antonio Romeu, Governor of California. Mission of Santa Cruz founded at Santa Cruz. Mission of Nuestra Senora de la Soledad founded at Soledad. 1792 — Jose Joaquin de Arrillaga, Governor of California. 1796 — "Otter" — First American Vessel visits Monterey. 1797 — Mission of San Jose de Guadalupe founded at Irvington. Mission of San Juan Bautista founded at San Juan. Mission of San Miguel Arcangel founded at San Miguel. Mission of San Fernando Rey de Espagna founded at Fernando. CHRONOLOGY — 1556-1845. 13 1798 — Mission of San Luis Eey de Francia founded at Oceanside. 1804 — Mission of Santa Ynez founded near Gaviota. Alta California made a province. 1805 — Eussians visit California. 1808 — Ferdinand VII, King of Spain. 1809 — California swears allegiance to Ferdinand YII. 1811 — Mexico revolts from Spain. 1812 — Eussians settle on Bodega Bay. Great earthquake of 1812. 1814 — Jose Dario Arguello, Governor of California. 1815 — Mission of San Antonio de Pala founded near Fallbrook. Palo Vicente de Sola, Governor of California. 1817 — Mission of San Eafael Arcangel founded at San Eafael. 1820 — Spanish Constitution sworn in California. 1821 — Decree of Spanish Cortes ordering secularization of missions published in California. 1822 — Iturbide, Emperor of Mexico. Alta California gives allegiance to Mexico. Luis Antonio Arguello, Governor of California. 1823 — Mission of San Francisco Solano founded at Sonoma. Iturbide abdicates. 1824 — California receives representation in Mexican Congress. 1825 — Guerrero, President of Mexico. Jose Maria de Echandia, Governor of California. 1830 — Hudson Bay Company operates in Northern California. 1831 — Manuel Victoria, Governor of California. President Guerrero executed. Governor Victoria deposed. 1832 — Pio Pico, Governor of California. 1833 — Jose Figueroa, Governor of California. . , 1834 — General Santa Ana, Dictator of Mexico. 1835 — Jose Castro, Governor of California. 1836 — Nicholas Gutierrez, Governor of California, ad interim. Mariano Chico, Governor of California. Nicholas Gutierrez, Governor of California, ad interim. Juan Bautista Alvarado, Governor of California. 1837 — Bustamente, President of Mexico. Mexico adopts Constitution of 1837. 1839 — Sutter's Fort erected. Great earthquake of 1839. 1840 — Secularization of missions completed. 1841 — Eestoration of Santa Anna. First emigrant train arrives under Bidwell. 1842 — Manuel Micheltorena, Governor of California. Commodore Jones raises United States flag at Monterey for one day. 1844 — Herrera, President of Mexico. 1845 — Jas. K. Polk, President of United States. Pio Pico, Governor of California. 14 hillyer's legal manual. Los Angeles, Capital of California. United States annexes Texas. 1846 — Paredes, President of Mexico. Bravo, President of Mexico. "War with Mexico. Bear flag revolt. Sloat raises American flag at Monterey. John D. Sloat, Military Governor of California. Santa Anna, President of Mexico. Eobert F. Stockton, Military Governor of California. "The Californian," first newspaper in California, published at Monterey. 1847 — Yerba Buena assumes the name of San Francisco. John C. Fremont, Military Governor of California. Stephen W. Kearny, Military Governor of California. General Scott captures city of Mexico. Richard B. Mason, Military Governor of California. Donner Party perishes. 1848 — Treaty of Guadaloupe Hidalgo. California ceded to United States. Gold discovered in California. 1849-^Zachary Taylor, President of United States. Bennet Riley, Military Governor of California. San Jose, Capital of California. First Constitutional Convention at Monterey. Constitution of 1849 adopted. Peter H. Burnett, Governor of California. First Pacific Mail Steamship arrives at San Francisco. 1850 — Counties of Butte, Calaveras, Colusa, Contra Costa, El Dorado, Los Angeles, Marin, Mariposa, Mendocino, Monterey, Napa, Sacramento, San Diego, San Francisco, San Joaquin, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Solano, Sonoma, Sutter, Trinity, Tuolumne, Yolo and Yuba created. Los Angeles chartered. San Jose chartered. California admitted into the Union. Millard Fillmore, President of the United States. Foreign Miners' License Act adopted. 1851 — Great fire at San Francisco. First Vigilance Committee at San Francisco. John McDougal, Governor of California. Nevada and Placer Counties created. Vallejo, capital of California. 1862 — John Bigler, Governor of California. Sierra, Siskiyou and Tulare Counties created. Oakland incorporated. Sacramento, capital of California. Great flood at Sacramento. Pierce and King carry California. 1853 — ^Franklin Pierce, President of United States. Alameda, Humboldt and San Bernardino Counties created. CHRONOLOGY— 1846-1871. 15 Benicia, capital of California. College of California founded at Oakland. 1854 — John Bigler, Governor of California (second term). Oakland chartered. Sacramento, capital of California. Amador and Plumas Counties created. People V. Hall, decided by Supreme Court. 1856 — J. Neely Johnson, Governor of California. Merced County created. 1856 — James King of William murdered. Second Vigilance Committee at San Francisco. Fresno, San Mateo and Tehama Counties created. Buchanan and Breckenridge carry California. Sacramento Valley Eailroad opened — First Eailroad in California. 1857 — James Buchanan, President of United States. Del Norte County created. Dred Scott decision. 1858 — John B. Weller, Governor of California. 1859 — Pony Express established. Broderick-Terry duel. I860 — Milton S. Latham, Governor of California. John G. Downey, Governor of California. Lincoln and Hamlin carry California. 1861 — Lake and Mono Counties created. Abraham Lincoln, President of United States. Civil "War commences. Telegraph completed to San Francisco. Specific Contract Act passed. 1862 — Leland Stanford, Governor of California. Union Pacific Eailroad chartered. Central Pacific Eailroad chartered. 1863 — Frederick F. Low, Governor of California. 1864 — Alpine, Stanislaus and Lassen Counties created. Lincoln and Johnson carry California. 1865 — Abraham Lincoln, President of United States (second term). Lincoln assassinated. Andrew Johnson, President of United States. Great earthquake of 1865. Southern Pacific Company incorporated in Kentucky. 1866 — Inyo and Kern Counties created. 1867 — Henry H. Haight, Governor of California. 1868 — Burlingame Treaty between United States and China. University of California chartered. Great earthquake of 1868. Grant and Colfax carry California, 1869 — U. S. Grant, President of United States. Central Pacific completed to Oakland. First train from Atlantic coast reaches Sacramento. 1871 — Newton Booth, Governor of California. 16 hillyer's legal manual. 1872— Codes adopted. Ventura County created. San Diego incorporated. Grant and Wilson carry California. 1873— U. S. Grant, President of the United States (second term). Panic of 1873. 1874 — Modoc and San Benito Counties created. 1875 — Romualdo Pacheco, Governor of California. William Irwin, Governor of California. 1876 — Southern Pacific Railroad completed to Los Angeles. Hayes and Wheeler carry California. 1877— R. B. Hayes, President of United States. Comstock collapse. Kearney Riots in San Francisco. 1879— Constitution of 1879 adopted. 1880 — Geo. C. Perkins, Governor of California. Hancock and English carry California. 1881— Jas. A. Garfield, President of United States. Garfield assassinated. Chester A. Arthur, President of United States. Exclusion Treaty with China. 1882 — Geary Exclusion Act passed. 1883 — Geo. Stoneman, Governor of California. 1884 — United States issues final patents for pueblo lands in San Francisco. Blaine and Logan carry California. 1885 — Stanford University founded. Grover Cleveland, President of United States. Santa Fe Railroad completed to Los Angeles. Fresno chartered. 1886 — Washington Bartlett, Governor of California. 1887 — Robert W. Waterman, Governor of California. 1888 — Harrison and Morton carry California. 1889 — Benjamin Harrison, President of United States. Orange County created. 1890 — Colton V. Stanford decided. 1891 — H. H. Markham, Governor of California. Glenn County created. 1892 — Cleveland and Stevenson carry California. 1893 — Grover Cleveland, President of United States (second term). Kings, Madera and Riverside Co^inties created. Panic of 1893. 1894 — California Midwinter International Exposition at San Francisco. 1895— Jas. H. Budd, Governor of California. 1896 — McKinley and Hobart carry California. 1897— William McKinley, President of United States. 1898 — United States annexes Philippine Islands. 1899-^Henry T. Gage, Governor of California. 1900 — McKinley and Roosevelt carry California. CHRONOLOGY — 1872-1913 — LAW AND MOTION DAYS. 17 1901 — William McKinley, President of United States (second term). McKinley assassinated. Theodore Eoosevelt, President of United States. 1902 — Second Chinese Exclusion Act passed. Hague Tribunal decides the Pious Fund Case. 1903 — Geo. C. Pardee, Governor of California. 1904 — Eoosevelt and Fairbanks carry California. 1905 — Theodore Roosevelt, President of United States (second term). District Courts of Appeal created. 1906 — Great earthquake and fire in San Francisco. 1907 — Jas. N. Gillett, Governor of California. Imperial County created. 1908 — Taft and Sherman carry California. 1909— Wm. H. Taft, President of United States. Los Angeles annexes San Pedro. 1910 — Los Angeles "Times" dynamited. 1911 — Hiram Johnson, Governor of California. Western Pacific Eailway reaches San Francisco. Woman's suffrage in California. 1912 — Eoosevelt and Johnson carry California. 1913 — Woodrow Wilson, President of United States. LAW AND MOTION DAYS. Alamada — Every Friday. Alpine — First Monday. Amador — Every Saturday. Butte — First Monday. Calaveras — Every Monday. Colusa — Every Monday. Contra Costa — Every Monday. Del Norte — Every Monday. El Dorado — Every Friday. Fresno — Every Monday 10 A. M., Department 1; 2 P. M., Department 2. Glenn — Every Monday. Humboldt — First and Third Mondays, Department 1; first and third Fridays, De- partment 2. Imperial — Every Friday. Inyo. Kern — Every Monday. Kings — Every Monday. Lake — Every Friday. Lassen — Second and fourth Tuesdays — except July and August. Los Angeles — Every Monday. Madera — Every Monday. Marin — Every Friday. Mariposa^ — First Monday. Mendocino — Second Monday. 2 IB hillyer's legal manual. Merced — Every Monday. Modoc — Every Tuesday. Mono. Monterey — Every Monday. Napa — Every Monday. Nevada — Every Monday. Orafi^e — Every Friday. Placer— Every Monday— 1:30 P. M. Plnmas — ^^First Monday. Sacramento — Every Monday. San Benito — Every Monday. San Bernardino — .Every Monday. San Diego — Every Friday. San Francisco — Every Friday. San Joaquin — Every Monday — Department 1, 10 A. M.; 2, 1:30 P. M.; 3, 11 A. M. San liUis Obispo — First Monday. San Mateo — Every Thursday. Santa Barbara — Every Monday. Santa Clara — ^Every Friday. Santa Cruz — Mondays and Fridays. Shasta — Every Saturday — Department 1; every Friday — Department 2. Sierra — Every Monday. Siskiyou — Every Saturday. ^ Solano — Second and fourth Mondays. Sonoma — Every Monday. Stanislaus — Every Saturday. Sutter — Every Saturday. Tehama — Every Monday. Trinity — Every Monday. Tulai« — Every Monday. Tuolumne — Every Friday. Ventura — Every Monday. Yolo — Every Monday. Yuha — Every Monday. United States Supreme Court — Every Monday. LEGAL HOLIDAYS. Sunday is a legal holiday in all States. Alabama — January 1, January 19, February 22, April 13, April 26, June 3, July 4, Labor Day, October 12, Thanksgiving, Christmas. Alaska — January 1, February 22, May 30, July 4, December 25, Thanksgiving. Arizona — January 1, (Arbor Day) Friday following February 1 in Counties of Apache, Navajo, Coconino, Mohave and Yavapai (the rest of the Territory ob- serves the Friday after April 1); February 22, May 30, July 4, Labor Day, December 25, Thanksgiving, General Election. Arkansas — January 1, February 22, June 3, July 4, October 12, Thanksgiving and Christmas, Arbor Day, First Saturday in March, Labor Day and Lee's Birth- LAW AND MOTION DAYS LEGAL HOLIDAYS. 19 day, January 19, all general biennial election days. Holidays only mean that commercial paper falling due on holidays is due the day before. California — January 1, February 12, February 22, May 30, July 4, September 9, Admission Day, October 12, Decem.ber 25, and public fast. Thanksgiving, Labor Day, State or general or primary election day. Colorado— January 1, February 12, February 22, May 30, July 4, August 1, De- cember 25, Thanksgiving, Labor Day and in cities having 100,000 population or over, Saturday afternoons during June, July and August. Connecticut — January 1, February 12 (Lincoln Day), February 22, May 30, July 4, Labor Day (first Monday in September), October 12, Thanksgiving, De- cember 25, Fast Day, Saturday legal half holiday throughout the State. Delaware — January 1, February 12, February 22, May 30, July 4, October 12, Thanksgiving, Labor Day, Election Day, Christmas. District of Columbia — January 1, February 22, Decoration Day, July 4, Labor Day (first Monday in September), Thanksgiving, Christmas, Inauguration Day and every Saturday after 12 o'clock. Florida — January 1, January 19, February 22, February 23 (in Pensacola only), April 9, April 26, June 3, July 4, Labor Day^ December 25, any general elec- tion day. Thanksgiving. Georgia — January 1, January 1*9 (Lee's Birthday), February 22, April 26, June 3 (.Jeff. Davis' Birthday), July 4, Labor D&y, Thanksgiving, Christmas. Hawaii— January 1, February 22, May 30, June 11, July 4, September 6, Septem- ber 18, Thanksgiving, December 25. Idaho — January 1, February 22, June 11, July 4, October 12, December 25, Thanks- giving Day, general election, and any day proclaimed a holiday by President or Governor, Possibly Friday after May 1 and first Monday in September. Illinois— January 1, February 12, February 22, May 30, July 4; election day in cer- tain places only; the first Monday in September (Labor Day), September 15, October 12, December 25, Thanksgiving, every Saturday after 12 o'clock noon in Chicago only, and all days appointed by proclamation of the Presi- dent of the United States or Governor of the State of Illinois. When legal holiday comes on Sunday, the following day, Monday, shall be the day. Indiana — January 1, February 12, February 22, May 30, July 4, Labor Day, Octo- ber 12, December 25, Thanksgiving, National and State election days. Iowa — January 1, February 22, May 30, July 4, Labor Day, December 25, day of the general election. Thanksgiving. Kansas — January 1, February 12, February 22, May 30, July 4, Labor Day, Octo- ber 12, Thanksgiving, Christmas. Kentucky — ^January 1, February 22, May 30, July 4, Labor Day, October 12, Thanksgiving, December 25. Louisiana — January 1, January 8, February 22, February 23 (Mardi Gras), in New Orleans, April 9, June 3, July 4, December 25, Good Friday, Labor Day, November 1, Thanksgiving, and in cities over 100,000 population every half Saturday after 12 o'clock noon. Maine — January 1, February 22, April 19, May 30, July 4, Labor Day, Thanks- giving, Christmas. Saturday usually observed as a half holiday, October 12 (not legal) school holiday. Maryland — January 1, February 22, Good Friday, May. 30, July 4, Labor Day, Thanksgiving, Christmas, general and congressional election days, and every Saturday after 12 o'clock in Baltimore and Annapolis only, and all days 20 specially recommended by the President of the United States or Governor of Maryland for religious observance or general cessation of business. Massachusetts — February 22, April 19, May 30, July 4, Labor Day, October 12, Thanksgiving, December 25. Michigan — January 1, February 12, February 22, April 5, May 30, July 4, Labor Day, October 12 (not legal). Thanksgiving, December 25, and Saturday after- noons for acceptance and payment of notes. All national, State, county or city election days, and any day appointed or recommended by the Governor of this State or the President of the United States as a day of fasting or prayer or thanksgiving, as regards presenting for payment or acceptance, protesting and giving notice of dishonor of bills of exchange, bank checks and promissory notes. Minnesota — January 1, February 12, February 22, Good Friday, May 30, July 4, Labor Day, general election day. Thanksgiving, Christmas. Mississippi — January 1, January 19, February 12 (not legal), February 22, April 26, May 30 (not legal), June 3, July 4, Labor Day, Thanksgiving and Christ- mas. Missouri — January 1, Febriiary 22, May 30, July 4, Labor Day, December 25, Thanksgiving, general primary election day, and any general or State elec- tion day. In cities having over 100,000 population every Saturday after 12 o'clock noon. Montana — January 1, February 12 (Lincoln Day), February 22, Arbor Day, May 30, July 4, Labor Day, October 12 (Columbus Day), general election day, Thanksgiving Day and December 25. If any of these days fall upon a Sun- day, the following Monday is the holiday. Nebraska — January 1, February 22, April 22, May 30, July 4, first Monday in September, October 12, December 25, public fast. Thanksgiving. Nevada — January 1, February 12, February 22, May 30, July 4, October 31, Thanksgiving Day, December 25, first Monday in September, known as Labor Day, and the day of the general election. New Hampshire — January 1, February 22, May 30, July 4, Fast Day, Labor Day, Thanksgiving, election day, Christmas. New Jersey — January 1, February 12, February 22, Good Friday, May 30, July 4, Labor Day (first Monday in September), October 12 (Columbus Day), Thanks- giving Day, December 25, and any general election day in the State, and every Saturday after 12 o'clock noon. New Mexico — January 1, July 4, December 25, and all days for fasting or thanks- giving. New York — January 1, February 12, February 22, May 30, July 4, October 12 (Columbus Day), Labor Day, December 25, Thanksgiving, any general elec- tion day, every Saturday from 12 o'clock noon. North Carolina — January 1, January 19, February 22, April 12, May 10, May 20, July 4, December 25, Thanksgiving, first Monday in September, Tuesday after first Monday in November (election day). North Dakota — January 1, February 12 and 22, July 4, December 25, May 30,. general election day, Labor Day, and every day appointed by the President of the United States or by the Governor for a public fast, thanksgiving or holiday. Ohio — January 1, February 22, May 30, July 4, October 12, December 25, Thanks- giving, Labor Day. LEGAL HOLIDAYS. 21 Oklahoma — January 1, February 22, May 30, July 4, Labor Day, October 12, Thanksgiving, December 25, every election day and every day appointed by the President of the United States or Governor of the State for a public fast, thanksgiving or holiday. Holidays falling on Sunday are observed the following Monday. Oregon — January 1, February 22, May 30, July 4, October 12, December 25, Labor Day, public fast, Thanksgiving, and every general election day. Pennsylvania — January 1, February 12 (Lincoln's Birthday), February 16, Febru- ary 22, Good Friday, May 30, July 4, Labor Day, October 12, December 25, Thanksgiving, and every Saturday after 12 o'clock noon, and general election day. Bhode Island — January 1, February 22, Arbor Day (second Friday in May), May 30, July 4, first Monday in September (Labor Day), October 12, December 25, national election day, and such days as the Governor or President shall appoint as holidays. Banks close at 12 noon on Saturdays. South Carolina — January 1, January 19, February 22, May 10, June 3, July 4, Labor Day, Thanksgiving, Christmas, general election day. In Columbia banks from 12 o'clock noon during June, July and August, and in Charleston every Saturday from 12 o'clock noon. South Dakota — January 1, February 12, February 22, May 30, July 4, first Mon- day in September (Labor Day), December 25, and every day on which an election is held throughout the State, and every day appointed by the Presi- dent of the United States or by the Governor of this State for a public fast; Thanksgiving (the holiday shall hereafter be designated in this State as a legal holiday). Tennessee — January 1, February 22, May 30, June 3, July 4, December 25, Thanks- giving, Labor Day, Good Friday and election days. Texas — January 1, February 22, March 2, April 21, June 3, July 4, Labor Day, October 12, December 25, Thanksgiving, election days. Utah — January 1, February 12, February 22, April 15, May 30, July 4 and 24, Labor Day, December 25, Thanksgiving. Vermont — January 1, February 12, February 22, May 30, July 4, August 16, Octo- ber 12, December 25, Thanksgiving, first Monday in September. Virginia — January 1, January 19 (Lee- Jackson Day), February 22, May 30 (Memorial Day), June 3 (half holiday), July 4, first Monday in September (Labor Day), election days, December 25, Thanksgiving, and every Satur- day after 12 o'clock noon. When a holiday falls on Sunday the Monday fol- lowing is observed. Washington — January 1, February 12, February 22, Decoration Day, July 4, Octo- ber 12, December 25, Thanksgiving, Labor Day, days of general election and primary election day. All of these are holidays only for judicial business and then certain exceptions. West Virginia — January 1, February 12, February 22, Memorial Day, July 4, Octo- ber 12, December 25, Thanksgiving, Labor Day, election day. Wisconsin — January 1, February 22, May 30, July 4, December 25, Thanksgiving, Labor Day, and every general election day. When any such day is Sunday the succeeding Monday is a legal holiday. Wyoming — January 1, February 12, February 22, May 30, July 4, Thanksgiving, December 25, election day, Arbor Day, Labor Day. 22 HILLYER'S LEGAL MANUAL. METRIC SYSTEM. LEGALIZED IN THE UNITED STATES ON JULY 28, 1866. MEASUEES OF LENGTH. Metric Denominations and Values. Myriametre 10,000 metres. Kilometre 1,000 metres. Hectometre 100 metres. Dekametre 10 metres. Metre 1 metre. Decimetre 1-10 of a metre. Centimetre 1-100 of a metre. Millimetre 1-1000 of a metre. Equivalents in Denominations in Use. 6.2137 miles. 0.62137, mile, or 3,280 feet 10 inches. 328 feet 1 inch. 393.7 inches. 39.37 inches. 3.937 inches. 0.3937 inch. 0.0394 inch. MEASUEES OF SUEFACE. Metric Denominations and Values. Hectare 10,000 square metres. Are 100 square metres. Centare 1 square metre. Equivalents in Denominations in Use. 2.471 acres. 119.6 square yards. 1,550 square inches. MEASUEES OF CAPACITY. Metric Denominations and Values. Num- Equivalents in Demoninations in Use. Names. ber of Litres. Kilolitre or stere 1,000 Hectolitre 100 Dekalitre 10 Litre 1 Decilitre 1-10 Centilitre 1-100 Millilitre 1-1000 Cubic Measure. Dry Measure. Liquid or Wine Measure. 1 cubic metre 1.308 cubic yards . . . .264.17 gallons. 1-10 of a cubic metre 2 bush, and 3.35 pecks 26.417 gallons. 10 cubic decimetres 9.08 quarts 2.6417 gallons. 1 cubic decimetre 0.908 quart 1.0567 quarts. 1-10 of a cubic decimetre. . 6.1022 cubic inches. . 0.845 gill. 10 cubic centimetres 0.6102 cubic inch. . . 0.338 fluid ounce. 1 cubic centimetre 0.061 cubic inch 0.27 fluid dram. ■■■-**< VK^^i^j^)^^...,, "'^^, WEIGHTS. Number Names. of Grams. Miller or tonneau 1,000,000 Quintal 100,000 Myriagram 10,000 Kilogram or kilo 1,000 Hectogram 100 Dekagram 10 Gram 1 Decigram 1-10 Centigram 1-100 Milligram 1-1000 Weight of What Quantity of Water Avoirdupois Weight, at Maximum Density. 1 cubic metre 2204.6 pounds. 1 hectolitre 220.46 pounds. 10 litres 1 litre . . 1 decilitre 10 cubic centimetres 1 cubic centimetre 1-10 of a cubic centimetre. 10 cubic millimetres 1 cubic millimetre 22.046 pounds. 2.2046 pounds. 3.5274 ounces. 0.3527 ounce. 15.432 grains. 1.5432 grains. 0.1543 grain. 0.0154 grain. METRIC SYSTEM — DOMESTIC WEIGHTS AND MEASURES. 23 DOMESTIC WEIGHTS AND MEASURES. Apothecaries' Weight: 20 grains=l scruple; 3 scruples=l dram; 8 drains=l ounce; 12 ounces=:l pound. Avoirdupois Weight (short ton): 27 11-32 grains=l dram; 16 drams=:l ounce; 16 ounces=:l pound; 25 pounds^l quarter; 4 quarters=l cwt.; 20 cwt.=l ton. Avoirdupois Weight (long ton): 27 11-32 grains=l dram; 16 drams:=l ounce; 16 ounces=:l pound; 112 pounds=l cwt.; 20 cwt.=l ton. Troy Weight: 24 grains=:l pennyweight; 20 pennyweights=l ounce; 12 ounces =1 pound. Circular Measure: 60 seconds=l minute; 60 minutes=:l degree; 30 degrees=l sign; 12 signs=l circle or circumference. Cubic Measure: 1,728 cubic inches=l cubic foot; 27 cubic feet^l cubic yard. Dry Measure: 2 pints=l quart; 8 quarts=l peck; 4 pecks=l bushel. Liquid Measure: 4 gills=l pint; 2 pints=l quart; 4 quarts==l gallon; 311/2 gallons=l barrel; 2 barrels=:l hogshead. Long Measure: 12 inches=l foot; 3 feet=:l yard; 51/2 yards=l rod or pole; 40 rods=l furlong; 8 furlongs=l statute mile (1,760 yards or 5,280 feet); 3 miles^l league. Mariner's Measure: 6 feet=:l fathom; 120 fathoms=l cable length; 71/2 cable lengths=l mile; 5,280 feet=:l statute mile; 6,085 feet=l nautical mile. Paper Measure: 24 sheets=:l quire; 20 quires=l ream (480 sheets); 2 reams= 1 bundle; 5 bundles=l bale. Square Measure: 144 square 'inches=l square foot; 9 square feet=l square yard; 30^^ square yards=:l square rod or perch; 40 square rods=l rood; 4 roods= 1 acre; 640 aeres=l square mile; 36 square miles (6 miles square)=l township. Time Measure: 60 seconds=l minute; 60 minutes==l hour; 24 hours=l day; 7 days=l week; 365 days=:l year; 366 days=:l leap year. 24 HILLYER S LEGAL MANUAL. VALUES OF FOREiaN COINS. The following estimate, by the Director of the Mint, of the values of foreign coins is proclaimed by the Secretary of the Treasury, in pursuance of the pro- visions of section 25 of the Act of August 28, 1894, to be the values of such coins in terms of the money of account of the United States, to be followed in esti- mating the value of all foreign merchandise exported to the United States on or after January 1, 1909, expressed in any of such metallic currencies: COUNTRY. Standard. Argentine Rep Gold Austria-Hungary Gold Belgium Gold Bolivia Silver Brazil Gold British America Gold Costa Rica Gold CMli Gold China Silver Colombia Gold Denmark Gold Ecuador Gold Egypt Gold Finland Gold France Gold Grerman Empire Gold Great Britain Gold Greece Gold Hayti Gold India (British) Gold Italy Gold Japan Gold Liberia Gold Mexico Gold Netherlands Gold Newfoundland Gold Norway Gold Panama Gold Persia Silver Peru Gold Philippine Islands Gold Portugal Gold Russia Gold Spain Gold Sweden Gold Switzerland Gold Turkey Gold CJruguay Gold Venezuela Gold Monetary Unit. Value. Peso $0.96,5 Crown 0.20,3 Franc 0.19,3 Boliviano 0.36,5 Milreis 0.54,6 Dollar 1.00,0 Colon 0.46,5 Peso 0.36,5 f Shanghai 0.54,6 Tael \ Haikwan 0.60,9 [ (Customs) Dollar 1.00,0 Crown 0.26,8 Sucre 0.48,7 Pound (100 piastres) 4.94,3 Mark 0.19,3 Franc 0.19,3 Mark 0.23,8 Pound Sterling 4.86,6 1^ Drachma 0.19,3 Gourde 0.96,5 Pound Sterling 4.86,6% Lira 0.19,3 Yen 0.49,8 Dollar 1.00,0 Peso 0.49,8 Florin 0.40,2 Dollar 1.01,4 Crown 0.26.8 Balboa 1.00,0 Kran 0.06,7 Libra 4.86,61^ Peso 0.50,0 Milreis 1.08,0 Ruble 0.51,5 Peseta 0.19,3 Crown 0.26,8 Franc 0.19,3 Piaster 0.04,4 Peso 1.03,4 Bolivar 0.19,3 FOREIGN COINS — LAND MEASURE. PUBLIC LAND SUBDIVISIONS 25 TOWNSHIP SECTION -I mile or 80 chains - 18 19 30 31 17 20 29 32 16 21 28 33 10 15 22 27 34 14 23 26 35 12 13 24 25 36 320 rods or 5280 feet 20chs. 80 rds. 440 yds. 1320 ft. -40 chains- -160 rods- -2640 feel- SURVEYOR'S MEASURE. I rod = 16^ ft. or 25 links. I chain =4 rods or 66 ft. or 100 links. I link =7.92 inches. I acre =43560 square feet. 1 sq. acre = 208.708 ft. x 208.708 ft. Chs. Ft. Chs. Ft. Chs. Ft. Chs. P.. 1 = 66 26 = 1716 51 = 3366 76 = 5016 2 = 132 27 = 1782 52 = 3432 77 = 5082 3 = 198 28 = 1848 53 = 3498 78 = 5148 4 = 264 29 = 1914 54 = 3564 79 = 5214 5 = 330 30 = 1980 55 = 3630 80 = 5280 6 = 396 31 = 2046 56 = 3696 81 = 5346 7 = 462 32 = 2112 57 = 3762 82 = 5412 8 = 528 33 = 2178 58 = 3828 83 = 5478 9 = 594 34 = 2244 59 = 3894 84 = 5544 10 = 660 35 = 2310 60 = 3960 85 = 5610 II = 726 36 = 2376 61 = 4026 86 = 5676 12 = 792 37 = 2442 62 = 4092 87 = 5742 13 = 858 38 = 2508 63 = 4158 88 = 5808 14 = 924 39 = 2574 64 = 4224 89 = 5874 15 = 990 40 = 2640 65 = 4290 90 = 5940 16 = 1056 41 = 2706 66 = 4356 91 = 6006 17 = 1122 42 = 2772 67 = 4422 92 = 6072 18 = 1188 43 = 2838 68 = 4488 93 = 6138 19 = 1254 44 = 2904 69 = 4554 94 = 6204 20 = 1320 45 = 2970 70 = 4620 95 = 6270 21 = 1386 46 = 3036 71 = 4686 96 = 6336 22 = 1452 47 = 3102 72 = 4752 97 = 6402 23 = 1518 48 = 3168 73 = 4818 98 = 6468 24 = 1584 49 = 3234 74 = 4884 99 = 6534 25 = 1650 50 = 3300 75 = 4950 100 = 6600 TO REDUCE CHAINS TO FEET.— For even chains, under column headed "Chains," find the number given, and the corresponding feet will be found opposite, under column headed 'Teet." For links (or one-hundredth of a chain) proceed as if they were chains, and divide the result by IQO. If the number given contains both chains and links, the sum of the two, found separately, will be the required number. 26 hillyer's legal manual. n)ia^ram of Xegal 000 o o o<±> OOOOOOOOOoO g^ jjO^OiraOOOOOOOOOOOOlOOOOOOOOOOOOO tflOOOOOOOOo© ■^ "^ S"=> "'"^t^wraioinioin'oioiooiraiot-ooooiooooioooio tooo lo.io >n m m tn ,-, m OOOOOOOOO lOOOOOoSoo rl IM rH ,1 )=< o o o o o o o o o o o o o o lO o o o o o o r-l O "-I O lO O lO oooooooooo 000000000-0 o o o o ifi o lo ira o o OlOOOC^JlOOJOOOO frj .I M 1(3 lO I O -< O O O IQ O © OOOOO © © o oS o © O © lO O lO © © o ira ■>!><© .-H ifs o ©©©©©' © O O O IM lO < ©©©oo©©©©to ooooooooo© © O O O.© lO O © O.-o I .©©©©©©©O©© ©©© O O © ©©«? o ©■ © o © o © O O O © © © o © © lO © lO o © © O -H O i-H lO O (M r-i o o o ira o ©©o©©©©©©© ©©©OOOOOOO © © © o Id o i(^ ira © © ©>oo©(NiO(Manoo rHCMlTSiraiOfMlOCJOrH OfO .©©©©©ooo©© t-(CJr-l»0(MlO©0 1 W rH < © © o ©.O lO • © 1/5 o § © © o © © © © o © o © o o © lO lO © © © © o rt 1:^ iH >0 W © 'A © Its ira © © to (M O) © ira ©©©©©©© © © © © © © © lO © © © o © © © o © © © © © ©©©©ooo O © lO © lO © © © 50 -*©.-( O O ©©©©©©© © © o o © o © © © lO © lO © o ©oo©©©© ©©©©o©© © o © © o o © © -J a,i0©0©©©0 •—''—' -, lij t,^ UJ ^— ' t[J • ' ^_^ _, l_^ UJ t_J i™^ UJ t_) HJ T)0 1- IQ t^ 00 lO lO ip lO O O © ©lO >Q ©o©©©©©©©© ©©OOOOOOO© © © o © lO o lo ooo LOIOOOo © © © lO lf3 iH ©©o©©©©©©® .•©©©ooo©©©© oooooOooo© &!© ©©oooo©o© i0©0©l0 000©l'5ira©0000l0 00l0 ■~ ■ I OJ o o w ©0©0©0©©©f0 -©©©OOOOOOO ©ooooooooeo Cio ©©Oooioooo ©OlO'0©©00 10CO'Ot^©10 00©C-]OClO W IC IM (M IQ in lO ir: •* M © © © o© © o o © © © © © in ira © ira © ira © O 04 Cvl C4 rH M © ©ira ©©©©ooo© © t~ ira ira o © o ira o o © CO t^ 1-- ira ira lo i^ © © ira©coMoi-^©coira'-i ©©©©©©© ©©00©©©©0© ©oo©©©©©©© .©©©©coiraooo oooiraooooc© c© ooo©©r-ooo ira >ra ira I ~ ira ira ira ira ic © ira >ra © ira ira ira o 00 o (MeMC.lcCt^l--e ira lo ©ira ©OOOOOOO o (M ira ira © © © ira © © ira©(N(Nira©ira(Mira'-i ©00©©©0©©' OOOoOO©©© • © © ©■© oo©©©© c©© ^© ©©©©©ira ooo o5o ■" 5 © © ira © o e-i © o ira ira o © i©inTHira©^ira'- c c> <^ ^2 08 =■ « ^ — ■?: ■ ?^E '^ rt o c« 5 — » ^ ■- t3 'So'S- O 'S S - S 5 'Sq 11.2 S S ||.S^ ^ g g g « S-J «.s J.£ g-S si m g SlJ £ £5 S^ § g g £5 t.^t?tS s o *^ OS t*-" o a-"'' If ORGANIZATION AND ANNUAL LICENSE PEES — DOMESTIC. 55 I £5 2 S "S '5 o o oooo o o o oo o o o c> o po op to p o o o 5 rt 5 p •* O, IfJ p__-.« s o o * o o o" op o pp p o § SoSw » o o o o o .o o 9 1 i « 4f 4 .f •f .9 s S •3 2 3 Sd* £ ^ 8 s 2 f 1 m 1 " s: P* , w 1 % 1 ll '^f •iiin i. 1 ? b K 2 •1 a o o MO p t- < O - O CO O. gjp gg ggggggo oo O oo oo OOOL-JOWO _ . _ g^ rt c ■«• w 00 1- 1- g gg'gg g :i" I LO O 1 -I 2 ?■ I ~i o 3 oo c oo O O O^OOi •g ■Z, Jz; ;z;i; o 12;^ j5 jz; ;z; 'Af^-4 g. g gg g tg gg ggggggg iP-,„0-jiTift„o„po„_eP„OOKH!io«::o, i»r _o- o p .o cio o go .o>3 cocooco O 1-5 -1 1!? 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OoOdOOO OOO Oi o^o^oo^cn tooot c;(o -CJi crt OoSoOOO OOO oo o o — ^ w — -- tn '-' to to i« Cfi w Oyi00i»00 CiiOiJi oo §§§§§§§ g§s §g o i 2§§ §§§ § sis §§g w wo 1 i sis SKK ^ Kg- .s§ g§§ gg §g g -S 1 ii 1 s^i 1 ga g ■ w » ^ > o * => ggg Woo 5 c o OOO OcnWWiJIOO* oooi'^oo' OOOOOOO OOO oo ooooooo OOO oo "MOONI't-iO'U Oc OWOUlOOO o< ' o o o o o o : 5 O O OOO ggg gg > oo o o w^tocncjiosvi ^OM C Ol o< O O O O O o UI ggggggg ggg g» s g g s s g g .ggs ggg igg ill ggs gg ggg § ^ got O OI o a oo o ^ id 8 Sgg o s SS§gg t?d oS o fe; H » — fSwoiSo goto gro OOlOloqOO 05cn OCJI ggggggg ggg gg •g g gS5^ g£g * CO o o en o Co S = s;ggg§s gi ggggggg ggg gg — i,TCnOOOO Ooc« OO ggggggg ggg gg - g > 0>p >T3. ll ■ggg i 1 a; > rfl CI lis 1 ^ i il o c 'm ggg s g ggg gg ggg hO« «-,! OM ^to leg gas g „ g 11 gg ggg g g ggg gg ggg >2 ^ o !?> '^9 l-s. ii ■« 3 1! St la f o to •s. 11 as P p. o Iff II '1 m S.i"' m «•? to c ?.? ? » ?|" i H- ; i. t 58 hillyer's legal manual. TAX ON NONRESIDENT STOCKHOLDERS AND STOCKS OF FOREIGN CORPORATIONS. (From Bancroft's Inl leritance Taxes 3 for Inv estors.) Are shares ot non- Is tax claimed on stock residents in local of foreign corporation corporations subject owning property in State. to tax. State. Alabama No No Arizona No No Arkansas Yes A California (D) Yes A Colorado (D, E) Yes A Connecticut (D) Yes No Delaware No A Florida No No Georgia No No Idaho No (C) A Illinois Yes Yes Indiana No No Iowa Yes Yes Kansas (D, E) Yes Yes Kentucky (D) Yes Yes Louisiana Yes A Maine (D) Yes A Maryland No No Massachusetts (D) Yes No Michigan (D, E) Yes No Minnesota (D) Yes No Missouri (D) Yes Yes Mississippi No No Montana (D) No (B) Yes Nebraska (D) No (C) A Nevada No No New Hampshire (D, E) Yes Yes New Mexico No No New Jersey (D) Yes A New York (D) Yes No North Carolina (D) Yes A North Dakota No (B) A Ohio No (B) No Oklahoma (D, E) Yes A Oregon (D) No (B) No Pennsylvania (D) No No Ehode Island No No South Carolina No No South Dakota (D) No (B) No Tennessee (D) No (C) A Texas No (B) A Utah (D) Yes A Vermont (D, E) Yes Yes Virginia No A Washington (D) Yes Yes West Virginia (D) Yes No Wisconsin (D) Yes Yes Wyoming (D) No (B) A (A) This question does not seem to have been raised or passed upon. (B) Under substantially similar laws, other states are taxing such stock. In the states so marked, however, no claim is made for such a tax, or else there is no effective method provided for collecting it. (0) In the states so marked it was apparently the opinion of their tax officials in 1910 that they were not entitled to collect such a tax, and we do not know that the law is now being construed differently. Their laws, however, are practically identical with the laws of states which claim this tax and moreover contain a provision for enforcing its collection. (D) In states so marked a corporation transferring stock or delivering securities is held responsible itself, if the inheritance tax has not been paid. (E) These states also tax registered bonds of local corporations owned by nonresidents. TAXES ON STOCKHOLDERS INHERITANCE TAX. 59 INHERITANCE TAX ACT OP 1893. APPLICABLE WHERE DECEDENT DIED PRIOR TO JULY 1, 1905. The original tax on collateral inheritance was by statute approved March 23, 1893 (Stats. 1893, p. 193), and in effect sixty days thereafter. The amount of the tax was 5%, and the following were exempted from taxation : ''Father, mother, husband, wife, lawful issue, brother, sister, the wife or widow of a son, or the husband of a daughter, or any child or chil- dren adopted as such in conformity with the laws of the State of Cali- fornia, and any lineal descendant of such decedent born in lawful wedlock, or the societies, corporations, and institutions now exempted by law from taxation." No estate valued at less than $500 was subject to taxation. Taxa- tions are payable under this act on the estates of all persons who died from the time when the act went into eff'ect down to the first dav of July, 1905. By amendment approved March 9, 1897 (Stats. 1897, p. 77), the exemptions were extended to the following: ''Niece or nephew when a resident of this State, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educa- tional, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation, institution, or asso- ciation of persons in trust for or to be devoted to any charitable, benev- olent, educational, or public purpose." By amendment effective March 14, 1899 (Stats. 1899, p. 101), broth- ers, sisters, nieces and nephews were deprived of the benefit of the exemption. By the amendment of 1903, effective March 20, 1903 (Stats. 1903, p. 268), the exemption was extended to any person to whom the de- ceased for not less than ten years prior to death stood in the mutually acknowledged relationship of a parent, and to lineal ancestors. 60 hillyer's legal manual. i Ph o f4 p & iz; o H Q % in H O 2 « at o o ^ ^^ ^ ^ w °§ CO ^C i—l a in Tt< M «©■ § ^ ^^ ^ ^ cT o o" ;^ j^;?! rH ;^ o *'' o lO (M CO t". (M s -^ _, o 5§ ^ ^ CO «o 00 o ^ ^^ ^ ^ ^ Q H g 5 "i « s ^' ^^ o o o o o o O lO o Co QJ §1 DC -^ •-H CI '^ >^ S 03 r3 oi C -^ "I Ci OS W +^ iJ 2 ° fl 2 pq h30 .2 2 CO 5j 03 >^ o o ^ Vh 03 O P3 Q iz; & CO iz; o HH EH Q zn pq Eh g t< CO 03 w CO H 02 < «! '-i, o o in -^ o" CO ^ ^ E 5 o }< s a* Q, III «0 Oi (M lO ■Tt< ^ 00 o orty transferred to socie- lies, corporations, and institutions now or hereafter exempted by law from taxation, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educa- tional, public or other like work (pecuniary profit not being its object or purpose), or to any person, society, corpora- tion, institution, or association of persons in trust for or to be devoted to any cliaritablo. benevolent, educational, or public purpose, by reason whereof any such j>erson or corporation shall become beneficially entitled, in possession or ex- pectancy, to any such property or to the income thereof shall be exempt. 62 hillyer's legal manual. INHERITANCE TAX ACT OF 1913. § 1. (a) Inheritance Tax Act.— This act shall be known as the "Inheritance Tax Act." (b) Estate— Property.— The words "estate" and "property" as nsed in this act shall be taken to mean the real and personal property or interest therein of the testator, intestate, grantor, bargainor, vendor, or donor passing or transferred to individual legatees, dev- isees, heir next of kin, grantees, donees, vendees, or successors, and shall include all personal property within or without the State. (c) Transfer. — The word "transfer" as used in this act shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appoint- ment in the manner herein described. (d) Decedent. — The word "decedent" as used in this act shall in- clude the testator, intestate, grantor, bargainor, vendor, or donor. (e) County Treasurer — District Attorney. — The words "county treasurer" and "district attorney" and "inheritance tax appraiser," as used in this act, shall be taken to mean the treasurer or the district attorney or the inheritance tax appraiser of the county of the superior court having jurisdiction, as provided in section 15 of this act. (f) Contemplation of Death. — The words "contemplation of death," as used in this act, shall be taken to include that expectancy of death which actuates the mind of a person on the execution of his will, and in nowise shall said words be limited and restricted to that expectancy of death which actuates the mind of a person in making a gift causa mortis; and it is hereby declared to be the intent and pur- pose of this act to tax any and all transfers which are made in lieu of or to avoid the passing of property transferred by testator or intestate laws. § 2. Tax Imposed upon Transfer. — A tax shall be and is hereby im- posed upon the transfer of an}^ property, real, personal or mixed, or of any interest therein or income therefrom in trust or otherwise, to per- sons, institutions or corporations, not hereinafter exempted, to be paid to the treasurer of the proper county, as hereinafter directed, for the use of the State, in the following cases: (1) Transfer by Resident. — When the transfer is by will or by the intestate or homestead laws of this State, from any person dying seised or possessed of the property while a resident of the State, or by any probate homestead set apart from said property. (2) Transfer by Nonresident. — When the transfer is by will or in- testate laws of property within this State, and the decedent was a non- resident of the State at the time of his death. (3) Transfer in Contemplation of Death. — When the transfer is of property made by a resident, or a nonresident when such non- INHERITANCE TAX ACT OF 1913. - 63 resident's property is within this State, by deed, grant, bargain, sale, assignment or gift, made without valuable and adequate consideration in contemplation of the death of the grantor, vendor, assignor or donor, or intended to take effect in possession or enjoyment at or after such death. "When such person, institution or corporation becomes ben- eficially entitled in possession or expectancy to any property or the income therefrom, by any such transfer, whether made before or after the passage of this act. § 3. (a) Gift of Power of Appointment. — Whenever any person or corporation shall be given a power of appointment by virtue of any disposition of property made before or after the passage of this act, such gift of power of appointment shall, under the provisions of this act, be deemed a transfer made from the donor of said power to the donee thereof and taxable upon said donor's death. (b) Bequest or Devise in Lieu of Commissions or Allowances. — Whenever a decedent appoints or names one or more executors or trustees, and makes a bequest or devise of property to them in lieu of commissions or allowances, which otherwise would be liable to said tax, or appoints them his residuary legatees, and said bequest, devise, or residuary legacies exceeds what would be a reasonable compensa- tion for their services, such excess over and above the exemptions herein provided for shall be liable to said tax; and the superior court in which the probate proceedings are pending shall fix the compensa- tion. (c) Property Transferred Subject to Charge. — Where any prop- erty shall, after the passage of this act, be transferred subject to any charge, estate or interest, determinable by the death of any person, or at any period ascertainable only by reference to death, the increase accruing to any person or corporation upon the extinction or deter- mination of such charge, estate or interest, shall be deemed a transfer of property taxable under the provisions of this act in the same man- ner as though the person or corporation beneficially entitled thereto had then acquired such increase from the person from whom the title to their respective estates or interests is derived. § 4. Lien^Limitation. — Such taxes shall be and remain a lien upon the property passed or transferred until paid, and the person to whom the property passes or is transferred, and all administrators, executors and trustees of every estate so transferred or passed, shall be liable for any and all such taxes until the same shall have been paid as here- inafter directed. The provisions of the Code of Civil Procedure, rel- ative to the limitation of time of enforcing a civil remedy shall not apply to any proceeding or action taken to levy, appraise, assess, deter- mine, or enforce the collection of any tax or penalty prescribed by this article, and this section shall be construed as having been in effect as of date of the original enactment of the inheritance tax law; provided, that unless sued for within five years after they are due and legally demandable, such taxes, or any taxes accruing under any act herein 64 - hillyer's legal manual. repealed, shall cease to be a lien as against any hona fide purchaser of real property; and provided, that no such lien shall cease within five years from the date of the passage of this act. The tax so imposed shall be upon the market value of such property at the rates herein- after prescribed and only upon the excess over the exemptions herein- after granted ; and provided, that in determining said market value no deduction shall be made for any family allowance made out of said estate. § 5. Primary Rates. — When the property or any beneficial interest therein so passed or transferred exceeds in value the exemption here- inafter specified and shall not exceed in value twenty-five thousand dollars, the tax hereby imposed shall be : (1) Husband, Wife, Lineal Issue, Lineal Ancestor, or Child Adopted or Mutually Acknowledged. — Where the person or persons entitled to any beneficial interest in such property shall be the hus- band, 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- fer stood in the mutually acknowledged relation of a parent (provided, however, such relationship began at or before the child's fifteenth birthday, and was continuous for said ten years thereafter), or any lineal issue of such adopted or mutually acknowledged child, at the rate of one per centum of clear value of such interest in such property. (2) Brother, Sister, Niece, Nephew, Son in Law, Daughter in Law. — Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister or a descendant of a brother or sister of a decedent, a wife or widow or son, or the husband of a daughter of the decedent, at the rate of two per centum of the clear value of such interests in such property. (3) Uncle, Aunt, and Their Descendants. — 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 property. (4) Great-uncle, Great-aunt and Their Descendants. — Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the grandfather or grandmother, or a descendant of the brother or sister of the grandfather or grandmother of the decedent, at the rate of four per centum of the clear value of such interest in such property. (5) Other Degrees — Body Politic or Corporate. — Where the person or persons entitled to any beneficial interest in such property shall be in any other degree of collateral consanguinity than is hereinbefore stated, or shall be a stranger in blood to the decedent, or shall be a body politic or corporate, at the rate of five per centum of the clear value of such interest in such property. INHERITANCE TAX ACT OF 1913. 65 § 6. Tax upon Excess. — The foregoing rates in section 5 are for convenience termed the primary rates. When the market value of such property or interest exceeds twenty-five thousand dollars, the rates of tax upon such excess shall be as follows: (1) Upon all in excess of twenty-five thousand dollars and up to fifty thousand dollars, two times the primary rates. (2) Upon all in excess of fifty thousand dollars and up to one hun- dred thousand dollars, three times the primary rates. (3) Upon all in excess of one hundred thousand dollars and up to two hundred and fifty thousand dollars, four times the primary rates. (4) Upon all in excess of two hundred and fifty thousand dollars and up to five hundred thousand dollars, five times the primary rates. (5) Upon all in excess of five hundred thousand dollars and up to one million dollars, five times the primary rate and in addition thereto two and one-half per centum of the clear market value of such interest in such property. (6) Upon all in excess of one million dollars, five times the primary rate, and in addition thereto five per centum of the clear market value of such interest in such property. § 7. Exemptions. — The following exemptions from the tax are hereby allowed: (1) All property transferred to societies, corporations, and institu- tions now or hereafter exempted by law from taxation, or to any public corporation, or to any society, corporation, institution, or association of persons engaged in or devoted to any charitable, benevolent, educa- tional, public, or other like work (pecuniary profit not being its object or purpose), or to any person, society, corporation, institution, or as- sociation of persons in trust for or to be devoted to any charitable, l)enevolent, educational, or public purpose, by reason whereof any such person or corporation shall become beneficially entitled, in possession or expectancy, to any such property or to the income thereof, shall be exempt. (2) Property of the clear value of twenty-four thousand ($24,000) dollars transferred to the widow or to a minor child of the decedent, and of ten thousand ($10,000) dollars transferred to each of the other persons described in the first subdivision of section 5, shall be exempt. (3) Property of the clear value of two thousand ($2,000) dollars transferred to each of the persons described in the second division of section 5, shall be exempt. (4) Property of the clear value of one thousand five hundred ($1,500) dollars transferred to each of the persons described in the third subdivision of section 5 shall be exempt. (5) Property of the clear value of one thousand ($1,000) dollars transferred to each of the persons described in the fourth division of section 5, shall be exempt. (6) Property of the clear value of five hundred ($500) dollars transferred to each of the persons and corporations described in the fifth subdivision of section 5, shall be exempt. 5 66 § 8. (a) Taxes Payable at Death — Interest — Discount. — All taxes imposed by this act, unless otherwise herein provided for, shall be due and payable at the death of the decedent, and if the same are paid within eighteen months, no interest shall be charged and collected thereon, but if not so paid, interest at the rate of ten per centum per annum shall be charged and collected from the time said tax accrued; provided, that if said tax is paid within six months from the accruing thereof a discount of five per centum shall be allowed and deducted from said tax. And in all cases where the executors, administrators, or trustees do not pay such tax within eighteen months from the death, of the decedent, they shall be required to give a bond in the form and to the effect prescribed in subdivision (a) of section 9 of this act for the payment of said tax, together with interest. (b) Excuse for Delay in Payment. — The penalty of ten per cent per annum imposed by subdivision (a) of this section, for the nonpay- ment of said tax, shall not be charged in cases where, in the judgment of the court, by reason of claims made upon the estate necessary liti- gation, or other unavoidable cause of delay, the estate of any decedent, or a part thereof, cannot be settled at the end of eighteen months! from the death of the decedent ; but in such cases seven per cent per annum shall be charged upon the said tax from the expiration of said eighteen months until the cause of such delay is removed, after which ten per cent interest per annum shall again be charged until the tax is paid ; but litigation to defeat the payment of the tax shall not be considered necessary litigation. § 9. (a) Estate for Years or Expectancy. — When any grant, gift, legacy, devise or succession upon which a tax is imposed by section 2 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 estate, income, or interest is supported, or of which it is a part, shall be appraised immediately after the death of the decedent, and the market value thereof deter- mined, in the manner provided in section 16 or 17 of this act, and the tax prescribed by this act shall be immediately due and payable to the treasurer of the proper county, and, together with the interest thereon, shall be and remain a lien on said property until the same is paid. Bond. — Provided, that the person or persons, or body politic or corporate, beneficially interested in the property chargeable with said tax, may elect not to pay the same until they 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 tax arising upon personal estate, with such sureties as the said superior court may approve, conditioned for the payment of said tax and interest thereon at such time or period as they or INHERITANCE TAX ACT OF 1913. 67 their representatives may come into actual possession or enjoyment of such property, and conditioned further, that if said bond be not renewed, as herein provided, the amount of said tax and interest thereon shall immediately become due and payable. Said bond vshall be filed in the office of the county clerk of the proper county and a certified copy thereof shall be immediately transmitted to the State controller. Return. — ^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 de- cedent, and within that period enter into such security, and renew the same every five years. If the same shall not be so renewed be- fore the expiration of each five-year period the bond shall immediately become due and payable, and if the same be not paid forthwith the Attorney General shall file an action in the name of the people of the State, on the relation of the controller, to recover the same. (b) Estimating Value. — In estimating the value of any estate or interest in property, to the beneficial enjoyment or possession whereof there are persons or corporations presently entitled thereto, no allowance shall be made on account of any contingent encumbrance thereon, nor on account of any contingency upon the happening of which the estate or property or some part thereof or interest therein might be abridged, defeated or diminished. Abridgment, Defeat or Diminution. — Provided, however, that in the event of such encumbrance taking effect as an actual burden upon the interest of the beneficiary, or in the event of the abridgment, defeat or diminution of said estate or property or interest therein as afore- said, a return shall be made to the person properly entitled thereto of a proportionate amount of such tax on account of the encumbrance when taking effect, or so much as will reduce the same to the amount which would have been assessed on account of the actual duration or extent of the estate or interest enjoyed. Such return of tax shall be made in the manner provided by section 12 hereof upon order of the court having jurisdiction. (c) Property Transferred in Trust.— When property is transferred in trust or otherwise, and the rights, interest or estates of the trans- ferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon said transfer at the highest rate which, on the happening of any of the said contingencies or conditions, would be possible under the provisions of this act, and such tax so imposed shall be due and payable forthwith by the executors or trus- tees out of the property transferred; provided, however, that on the happening of any contingency whereby the said property, or any part thereof, is transferred to a person or corporation exempt from taxa- tion under the provisions of this act, or to any person taxable at a rate less than the rate imposed and paid, such person or corporation shall be entitled to a return of so much of the tax imposed and paid 68 as the difference between the amount paid and the amount which said person or corporation should pay under the provisions of this act. Such return of overpayment shall be made in the manner provided by section 12 of this act, upon order of the court having jurisdiction. (d) Estates in Expectancy Appraised How. — Estates in expectancy which are contingent or defeasible and in which proceedings for the determination of the tax have not been taken or where the taxation thereof has been held in abeyance, shall be appraised at their full, undiminished value w^hen the persons entitled .thereto shall come into the beneficial enjoyment or possession thereof, without diminu- tion for or on account of any valuation theretofore made of the par- ticular estates for purposes of taxation, upon which said estates in expectancy may have been limited. (e) Where Estate can be Divested by Legatee or Devisee. — Where an estate for life or for years can be divested by the act or omission of the legatee or devisee it shall be taxed as if there were no possi- bility of such divesting. (f) Standards of Mortality and Value. — The value of every fu- ture, or contingent or limited estate, income or interest, shall, for the purposes of this act be determined by the rule, methods and standards of mortality and of value 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 inter- est to be assessed in computing the present value of all future inter- est and contingencies shall be five (5) per cent per annum. The insurance commissioner shall without a fee on the application of any Superior Court or of any inheritance tax appraiser determine the value of any future or contingent estate, income or interest therein limited, contingent, dependent or determinable upon the life or lives of persons in being, upon the facts contained in any such appraiser's application or other facts to him submitted by said appraiser or said court and certify the same in duplicate to such court or appraiser, and his certificate thereof shall be conclusive evidence that the method of computation therein is correct. § 10. (a) Tax Deducted from Legacy. — Any administrator, ex- ecutor, or trustee having in charge or trust any legacy or property for distribution, subject to the said tax, shall deduct the tax there- from, or if the legacy or property be not money he shall collect the tax thereon, upon the market value thereof, from the legatee or per- son entitled to such property, and he shall not deliver, or be compelled to deliver, any specific legacy or property subject to tax to any per- son 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, administrator, or trustee shall collect said tax from the dis- tributee 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, administrator, or trustee "•• » INHERITANCE TAX ACT OF 1913. 69 '' shall retain the tax upon the whole amount ; but if it be not in money he shall make application to the superior court to make an apportion- ment, 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 require. (b) Power to Sell Property to Pay Tax. — All executors, adminis- trators, and trustees shall have full power to sell so much of the property of the decedent as will enable them to pay said tax, in the same manner 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 here- inafter directed. (c) Tax Paid to Treasurer. — ^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 thereafter, to the treasurer of the county in which the probate proceedings are pending. § 11. Receipt in Triplicate. — ^Upon the payment to any county treasurer of any tax due under this act, such treasurer shall issue a receipt therefor, in triplicate, one copy of which he shall deliver to the person paying said tax, and the original and one copy thereof he shall immediately send to the controller of State, whose duty it shall be to charge the treasurer so receiving the tax with the amount thereof, and said controller shall retain one of said receipts, and the other he shall countersign and seal with the seal of his office, and immediately transmit to the clerk of the court fixing such tax. 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 a receipt so sealed and counter- signed by the controller, or a copy thereof, certified by him, shall have been filed with the court. Any person shall, upon payment to the county treasurer of the sum of fifty cents, be entitled to a dupli- cate, or copy, of any receipt that may have been given by said treas- urer for the payment of any tax under this act. § 12. Refund — Pursuance of Order by Superior Court. — If any debts shall be proven against the estate of a decedent after the pay- ment of any legacy or distributive share thereof, from which any such tax has been deducted or upon which it has been paid by the person entitled to such legacy or distributive share, and such person is required by 'order of the Superior Court having jurisdiction, on notice to the State controller, to refund the amount of such debts or any part thereof, an equitable proportion of the tax shall be re- paid to him by the executor, administrator or trustee, if the tax has not been paid to the county treasurer; or if such tax has been paid to such county treasurer, such officer shall refund out of any in- heritance tax moneys in his hands or custody such equitable propor- tion of the tax, and credit himself with the same in the account required to be rendered by him under this act. If, after the pay- 70 hillyer's legal manual. ment of any tax in pursuance of an order fixing such tax, made by the Superior Court having jurisdiction, such order be modified or reversed by the Superior Court having jurisdiction within two years from and after the date of entry of the order fixing the tax, or be modified or reversed at any time on an appeal taken therefrom within the time allo^Yed by law on due notice to the State controller, the county treasurer shall refund to the executor, administrator, trustee, person or persons by whom such tax was paid, the amount of any moneys paid or deposited on account of such tax in excess of the amount of tax fixed by the order modified or reversed, out of any in- heritance tax moneys in his hands or custody, and credit himself with the same in the account required to be rendered by him to the con- troller on his semi-annual settlement; but no application for such refund shall be made after one year from such reversal or modifica- tion, unless an appeal shall be taken therefrom, in which case no such application shall be made after one year from the final determination on such appeal or of an appeal taken therefrom, and the represen- tatives of the estate, legatees, devisees or distributees entitled to any refund under this section shall not be entitled to any interest upon such refund, and the State controller shall deduct from the fees allowed by this act to the county treasurer the amount thereto- fore allowed him upon such overpayment. Where it shall be proved to the satisfaction of the Superior Court that deductions for debts were allowed upon the appraisal, since proved to have been errone- ously allowed, it shall be lawful for such Superior Court to enter an order assessing the tax upon the amount wrongfully or erroneously deducted. This section, as amended, shall apply to appeals and pro- ceedings now pending and taxes heretofore paid in relation to which the period of one year from such reversal or modification has not expired when this section, as amended, takes effect. § 13. If Foreign Executor Transfer Stock Tax Shall be Paid.— If a foreign executor, administrator or trustee shall assign or transfer any stock or obligation in this State standing in the name of a de- cedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the treasurer of the proper county on the transfer thereof. No Institution or Persons Having Assets of Decedent Shall Deliver Same Without Retaining Tax. — No safe deposit company, trust com- pany, corporation, bank or other institution, person or persons having in possession or under control securities, deposits, or other assets, belonging to or standing in the name of a decedent who was a resi- dent or nonresident or belonging to, or standing in the joint names of such a decedent and one or more persons, including the shares of the capital stock of, or other interest in, the safe deposit company, trust company, corporation, bank or other institution making the de- livery or transfer herein provided, shall deliver or transfer the same to the executors, administrators or legal representatives of said de- cedent, or to the survivor or survivors when held in the joint names INHERITANCE TAX ACT OF 1913. 71 of a decedent and one or more persons, or upon their order or request, without retaining^ a sufficient portion or amount thereof to pay any tax and interest which may thereafter be assessed thereon under this act and unless notice of the time and place of such delivery or trans- fer be served upon the State controller and county treasurer at least ten days prior to said delivery or transfer. State Controller may Consent to Delivery. — Provided, that the State controller, or person by him in writing authorized so to do, may consent in writing to said delivery or transfer, and such consent shall relieve said safe deposit company, trust company, corporation, bank or other institution, person or persons from the obligation hereunder to give such notice or to retain any portion of said securities, de- posits or other assets in their possession or control. And it shall be lawful for the State controller or county treasurer, personally or by representatives, to examine said securities, deposits or assets at the time of said delivery or otherwise. Penalty. — Failure to comply with the provisions of this section shall render such safe deposit company, trust company, corporation, bank or other institution, person or persons, liable to a penalty of not less than one thousand (1,000) dollars, nor more than twenty thousand (20,000) dollars, and in addition thereto said safe deposit company, trust company, corporation, bank or other institution, person or per- sons shall be liable for the amount of the taxes, interest and penalties due under this act on said securities, deposits, or other assets above mentioned, and said penalties and liabilities of said safe deposit com- pany, corporation, bank or other institution, person or persons for the violation of this section may be enforced in an action brought by the State controller or county treasurer in any court of competent jurisdiction. § 14. Inheritance Tax Appraisers. — ^The State controller shall ap- point, and may at his pleasure remove, one or more persons in each coimty of the State to act as inheritance tax appraisers therein. Every such inheritance tax appraiser (in addition to any fees paid him as appraiser under section 1444 of the Code of Civil Procedure) 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 account and on the certificate of the Superior Court, at the rate of five dollars per day for everv day actually and necessarily employed in said inheritance tax appraisement, together with his actual and necessary traveling and other incidental expenses, and the fees paid such witnesses as he shall subpoena before him which fees shall be the same as those now paid to witnesses subpoenaed to attend in courts of record; provided, that in any probate proceeding in which the executor or administrator shall have failed to have had the in- heritance tax appraiser act as one of the appraisers under section 1444 of the Code of Civil Procedure and to have paid him his fees therefor, the expense of making the inheritance tax appraisement in this act provided for shall be paid out of said estate, and the 72 hillyer's legal manual. executor or administrator thereof shall be liable for said fee. Any such appraiser who shall take any fee or reward, other than such as may be allowed him by law, from any executor, administrator, trus- tee, legatee, next of kin, or heir of emy decedent, or from any other person liable to pay said tax, or any porton 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 be imprisoned in the county jail ninety days, or both, and in addition thereto the court shall dismiss him from such service. § 15. Jurisdiction. — 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 if there be no real property, then in the county in which any of the personal property of such nonresident is situate, or in the county of which the decedent 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; the court first acquiring jurisdiction hereunder shall retain the same, to the exclu- sion of every other ; provided, that the Superior Court having acquired jurisdiction in probate of the estate of a decedent shall hear and determine in said probate proceedings all questions in relation to any tax arising under the provisions of this act: (a) Upon property pass- ing in said probate proceedings, (b) Upon any other property trans- ferred, within the meaning of subdivision 3 of section 2 of this act, to any person, institution or corporation taking any property under and by virtue of said probate proceedings. § 16. (a) Appointment of Appraisers.; — When any Superior Court, having jurisdiction in probate of the estate of any decedent, or a judge of such court, shall, in accordance with section 1444 of the Code of Civil Procedure, appoint the appraiser or appraisers in said section provided for, said Superior Court or judge thereof shall also at the same time designate and appoint an inheritance tax appraiser (unless such designation and appointment be previously made to ascertain and report to said Superior Court the amount of inheritance tax due upon any property passing in said probate proceeding, or a lien thereon, or upon any other property transferred within the mean- ing of subdivision 3 of section 2 of this act, to any person, institution or corporation taking property under and by virtue of said probate proceedings, together with such other or additional information as shall assist said court in the determination of said tax. Powers. — ^Thereupon said inheritance tax appraiser shall have all the powers of a referee of said Superior Court, and shall have juris- diction to require the attendance before him of the executor or ad- ministrator of said estate, or any person interested therein, or any other person whom he may have reason to believe possesses knowledge of the estate of said decedent, or knowledge of any property trans- ferred by said decedent within the meaning of this act, or knowledge of any facts that will aid said appraiser or the court in the determina- tion of said tax. INHERITANCE TAX ACT OF 1913. 73 Subpoenas. — For the purpose of compelling the attendance of such person or persons before him, and for the purpose of appraising any property or interest subject to, or liable for any inheritance tax hereunder, and for the purpose of determining the amount of tax due thereon, the said inheritance tax appraiser is hereby authorized to issue subpoenas compelling the attendance of witnesses before him. And he may examine and take the evidence of such witnesses or of such executor or administrator, or other person under oath concern- ing such property and the value thereof, and concerning the property or the estate of such decedent subject to probate, and concerning any transfer made by such decedent within the meaning of this act. Report. — Upon the completion of his inheritance tax appraisement in any probate proceeding, the inheritance tax appraiser shall make a report in writing to the Superior Court of the clear market value of the several interests in the estate of the decedent, and shall re- port the amount of inheritance or transfer tax chargeable against, or a lien upon such interests, acquired by virtue of said probate pro- ceedings or by any transfer within the meaning of this act to any person, institution or corporation acquiring any property by virtue of said probate proceedings together with such other facts as may advise the court in regard thereto, or which the court may require, and may return to said Superior Court such depositions as he may have had reduced to writing, exhibits, or other testimony or informa- tion taken before him, or submitted to him. (b) Notice of Filing Report. — Upon the filing of said report said appraiser shall mail a copy thereof to the State controller and the clerk of said Superior Court shall forthwith give notice of such filing to all persons interested in such proceedings, by posting, and in ad- dition thereto shall forthwith mail to the State controller and to the county treasurer, and to all persons chargeable with any tax in said report who have appeared in such proceeding, a copy of said notice. Order Confirming Report. — At any time after the expiration of ten days thereafter, if no objection to said report be filed, the said Superior Court may give and make its order confirming said report and fixing the tax in accordance therewith. Objections. — At any time prior to the making of said order, any person interested in said proceeding (including the State controller or the county treasurer) may file objections in writing to said report. Thereupon said Superior Court shall, by order, fix a time, not less than ten days thereafter, for the hearing thereof, and shall direct the clerk of said Superior Court to give such notice thereof as it shall deem necessary; provided, that a copy of such notice and of such objections shall be forthwith mailed to the State controller, county treasurer and inheritance tax appraiser. Upon the hearing of said objections, said court may make such order as to it may seem meet and proper in the premises. (c) If No Inheritance Tax Due Appraiser may so Certify. — Pro- vided that, if, upon examination of the executor or administrator of 74 said estate or other persons familiar with the affairs of such decedent, or from other information before him, it shall appear to the inherit- ance tax appraiser that there is no inheritance tax due out of said estate or a lien upon any property or interest therein, said appraiser ma.y so certify to the Superior Court, and at any time thereafter, said Superior Court may order or decree that there are no inheritance taxes due out of said estate or upon any interest therein or may make such different order as may to it seem meet in the premises. § 17. Citation. — If it shall appear to the Superior Court upon pe- tition of the State controller or the county treasurer or any other interested person that any transfer has been made within the mean- ing of this act, and the taxability thereof, and the liability for such tax and the amount thereof have not been determined, and that no proceedings are pending in any court in this State wherein the tax- ability of such transfer and the liability therefor and the amount hereof may be determined, said court shall issue a citation ordering and directing the persons who may appear liable therefor or known to own any interest in or part of the property transferred, to appear before said court or before an inheritance tax appraiser to be desig- nated by said order at a time and place in said order named, not less than ten days nor more than ninety days from the date of such order, to be examined under oath by said court or by said appraiser as the case may be, concerning said transfer and all facts connected there- with, and concerning the property transferred and the character and value thereof. Hearing. — If said person or persons shall be directed to appear be- fore said appraiser, said appraiser shall, at the time and place in said order named, or at such time and place to which said appraiser may adjourn said hearing, proceed to examine said person or persons and such witnesses as said appraiser may subpoena before him, and for the purpose of said hearing, and for the purpose of ascertaining any facts concerning the taxability of said transfer or any taxes due on account of such transfer, said appraiser shall have the powers of a referee of said court, and, is hereby authorized to issue subpoenas compelling the attendance of witnesses before him, and to administer oath, and to take the evidence of such witnesses under oath concern- ing such property and the value thereof and concernins: such trans- fer. Said appraiser shall report to said court his findings and con- clusions in relation to said transfer and said tax, and may return to said court, any depositions, exhibits or other testimony or informa- tion taken before him or exhibited to him. The procedure subsequent to the filing of said report shall conform to subdivision (b) of section 16 of this act. Service of Citation — Time, Manner and Proof, and Hearing and De- termination Thereon. — Except as herein otherwise provided, the ser- vice of such citation and the time, manner and proof thereof, and the hearing and determination thereon, and the hearing and determina- tion upon the facts returned in such report, and the enforcement of INHERITANCE TAX ACT OF 1913. 75 the determination or decree, shall conform to the provisions of chapter XII of title XI of part III of the Code of Civil Procedure, and the clerk of the court shall, upon the request of the State con- troller or the 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 eifect as provided by section 674 of said Code of Civil Procedure for filing a transcript of an original docket. Evidence and Detennination. — The Superior Court may hear the said cause upon the relation of the parties and the testimony of wit- nesses, and evidence produced in open court, and, if the court shall find said property is not subject to any tax, as herein provided, the court shall, by order, so determine ; but if it shall appear that said property, or any part thereof, is subject to any such tax, the same shall be appraised and taxed as in other cases. !§ 18. Action for Recovery of Tax. — If, after the expiration of eighteen months from the accrual of any tax under this article, such tax shall remain due and unpaid, after the refusal or neglect of the persons liable therefor to pay the same, the county treasurer shall notify, or the State controller may notify, the district attorney of the county in writing of such failure or neglect, and such district attorney shall bring and prosecute an action or actions in the name of the State as plaintiff, for the recovery of such tax and for the purpose of enforcing any lien or liens against all or any of the prop- erty subject thereto. In any such action the owner of any property or of any interest in property against which the lien of any such tax is sought to be enforced, and any predecessor in interest of any such owner whose title or interest was deraigned through any such de- cedent by will or succession or by decree of distribution of the estate of such decedent, and any lienor or encumbrancer subsequent to the lien of such tax may be made a party defendant. The enumeration in this section of the persons who may be made defendants shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. (a) Actions Quieting Title. — Actions may be brought against the State for the purpose of quieting the title to any property, against the lien or claim of lien of any tax or taxes under this act, or for the purpose of having it determined that any property is not subject to any lien for taxes under this act. In any such action, the plain- tiffs may be any administrator or executor of the estate or will of any decedent, whether the said estate shall have been fully adminis- tered and the estate settled and closed or not, and any heir, legatee or devisee of any such decedent, or trustee of the estate or of any part of the estate of such decedent, or distributee of the estate or of any part of the estate of any such decedent, and any assignee, grantee or successor in interest of any of such persons, and all or any other 76 hillyer's legal Mx\nual. persons who might be made parties defendant in any action brought by the State under the provisions of this section, and notwithstand- ing that all or any of the persons enumerated in this section shall or may have assigned, granted, conveyed or otherwise parted with all or any interest in or title to the property, or any thereof, involved in any such claim of lien before the commencement of such action. All or any of the persons in this action enumerated may be joined or united as parties plaintiff. The enumeration in this section of the persons who may be made parties shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. In all cases any person who might properly be a party plain- tiff in any such action who refuses to join as plaintiff may be made a defendant. (b) Jurisdiction. — All actions under this section shall be com- menced in the Superior Court of the county in which is situated any part of any real property against which any lien is sought to be en- forced, or to which title is sought to be quieted against any lien, or claim of lien; but if in said action no lien against real property is sought to be enforced, the action shall be brought in the Superior Court of the county which has or which had jurisdiction of the ad- ministration of the estate of the decedent mentioned herein. (c) Service of Summons. — Service of summons in the actions brought against the State shall be made on the controller of State and on the district attorney of the county in which the estate of the de- cedent mentioned herein is being administered, or has been adminis- tered in probate proceedings, and it shall be the duty of said district attorney to defend all such actions. (d) Procedure and Practice. — The procedure and practice in all actions brought under this section, except as otherwise provided in this act, shall be governed by the provisions of the Code of Civil Procedure in relation to civil actions, so far as the same shall or may be applicable, including all provisions relating to motions for new trials and appeals. (e) Remedies not Exclusive. — The remedies provided in this sec- tion shall be in addition to and not exclusive of any remedies pro- vided in the sections preceding this section. § 19. District Attorney to Prosecute Proceeding to Determine and Fix Tax. — Whenever the treasurer of any county or an inheritance tax appraiser therein, or the controller shall have reason to believe that any transfer has been made within the meaning of this act and that a tax due thereon remains undetermined and unpaid, he may notify the district attorney in writing of such transfer, and the dis- trict attorney, if he have probable cause to believe a tax is due, and remains undetermined, shall prosecute the necessary proceeding in the Superior Court to determine and fix such tax and for the enforcement and collection thereof. Said district attorney shall be allowed his INHERITANCE TAX ACT OF 1913. 77 actual and necessary expenses incurred in such proceeding out of any inheritance tax moneys in the hands of the county treasurer on order of the Superior Court. § 20. Treasurer Shall Pay State Treasurer — Report. — The treas- urer of each county shall collect and pay the State treasurer all taxes that may be due and payable under this act, who shall give him a receipt therefor; of which collection and payment he shall make a report, under oath, to the controller, between the first and fifteenth days of May and December of each year, stating for what estate paid, and in such form and containing such particulars as the controller may prescribe ; and for all such taxes collected by him and not paid to the State treasurer by the first day of June and January of each year he shall pay interest at the rate of ten per centum per annum. § 21. Fees. — The treasurer of each county shall be allowed to re- tain, on all taxes paid and accounted for by him each year under this act, in addition to his salary or fees now allowed by law, three per centum of the first $50,000 so paid and accounted for by him, one and one-half per centum on the next $50,000 so paid and accounted for by him, and one-half of one per centum on all additional sums so paid and accounted for by him ; provided, that no county treasurer shall be entitled to retain to his own use more than the sum of $200 out of the inheritance taxes paid on account of any transfer or trans- fers made by, or resulting from the death of, any one decedent, nor more than $3,000 out of the total inheritance taxes accounted for in any one year. § 22. Special Counsel. — The State controller, whenever he shall be cited as a party in any proceeding or action to determine any tax under this act provided, or whenever he shall deem it necessary for the better enforcement of this act to make any special employment to secure evidence of evasion of said tax, or to commence or appear in any proceeding or action to determine any tax hereunder, may, by and with the consent and approval of the Attorney General, make such special employment or designate and employ counsel or attorney in or out of this State to represent him on behalf of the State, and, by and with such consent of the Attorney General, he is hereby au- thorized to incur the necessary expense for such employment and any reasonable and necessary expense incident thereto. And the county treasurer is hereby authorized and directed to pay out of any funds which may be in his hands on account of this tax, on presenta- tion of a sworn itemized account and on certificate of the State con- troller and Attorney General, all expenses incurred as in this section above provided, but no expense for such special employment or legal services, up to and including the entry of the order of the court fix- ing the tax and the same becoming final, shall exceed ten per centum of the tax and penalties collected; provided, that all reasonable and necessary expenses incurred, in any legal action or proceeding in any court of this State or on any appeal therefrom, other than attor- ney's fees, including expense of serving processes and printing and preparing of necessary legal papers, may be allowed and paid in the 78 manner above provided, even though no tax be recovered in such action or proceeding, and the limitations herein made shall not apply thereto. § 23. Taxes Paid into State School Fund and General Fund. — All taxes levied and collected under this act, up to the amount of $250,000 annually, shall be paid into the treasury of the State, for the uses of the State school fund, and all taxes levied and collected in excess of $250,000 annually shall be paid into the State treasury to the credit of the general fund thereof. § 24. Officer Who Fails to Perform Duty Shall Forfeit $1,000.— Every officer who fails or refuses to perform, within a reasonable time, any and every duty required by the provisions of this act, or who fails or refuses to make and deliver within a reasonable time any statement or record required by this act, shall forfeit to the State of California the sum of $1,000, to be recovered in an action brought by the Attorney General in the name of the people of the State on the relation of the controller. § 25. Construction. — If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. § 26. Repealing Clause. — An act entitled "An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers; to provide for its collection, and to direct the disposition of its proceeds ; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of lien arising here- under; to repeal an act entitled 'An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers; to provide for its collection, and to direct the disposition of its pro- ceeds ; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of lien arising hereunder; to repeal an act entitled "An act to establish a tax on collateral in- heritances, bequests and devises; to provide for the collection, and to direct the disposition of its proceeds," approved March 23, 1893, and all amendments thereto, and to repeal all acts and parts of acts in conflict with this act,' approved March 20, 1905, and all amend- ments thereto and all acts and parts of acts in conflict with this act," approved April 7, 1911, and all amendments thereto, and all acts and parts of acts in conflict with this act are hereby expressl}^ repealed; provided, however, that such repeal shall in nowise affect any suit, prosecution or court proceeding pending at the time this act shall take effect, or any right which the State of California may have at the time of the taking effect of this act, to claim a tax upon any prop- erty under the provisions of the act or acts hereby repealed, for which no proceeding has been commenced; nor affect any appeal, right of appeal in any suit pending, or orders fixing tax, existing in this State at the time of the taking effect of this act. INHERITANCE TAX RATES. RATES OF INHERITANCE TAXES AND EXEMPTIONS. (From Bancroft's Inheritance Taxes for Investors.) State. Alabama Arizona Arkansas* California Colorado Connecticut* (a) Delaware Dist. of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa* (b) Kansas Kentucky- Louisiana (c) Maine Maryland* Massachusetts Michigan Minnesota Mississippi Missouri Montana* Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina (d) North Dakota Ohio* Oklahoma (e) Oregon (f) Pennsvlvania Porto Rico Rhode Island South Carolina South Dakota Tennessee* Texas Utah* Vermont Virginia WashinfTton* (g) West Virginia Wisconsin Wyoming* Direct Rate. Not taxed Not taxed 1% 1/3% 2% 1% Not taxed Not taxed Not taxed Not taxed 2% 1/3% 1/2% Not taxed Not taxed 1/5% Not taxed 2% 1/2% Not taxed 1/2% 1% 1 1/2% Not taxed Not taxed 1% 1% Not taxed Not taxed Not taxed Not taxed 1/5% 3/4% Not taxed Not taxed 1% 1% Not taxed 1/3% Not taxed Not taxed 1% 1 1/4% Not taxed 5% Not taxed Not taxed 1% 1/3% 1/3% 2% Inheritances. Exemption. 5000 4000-10000 10000 10000 1000 4000-10000 20000 5000 10000 500-10000 1000-10000 2000 10000 7500 10000 500-5000 2000 5000-10000 5000 200 5000-20000 5000 10000 loono 10000-15000 2000-10000 10000 Collateral Inheritances. Rate. Not taxed Not taxed 2/6% 1 1/2-15% 3/10% 5% 1/5% Not taxed Not taxed Not taxed 5% 1 1/2-15% 2/10% Not taxed 5% 3/15% 5% 5% 4/7% 5% 3/5% 5% ■ 1 1/2-5% Not taxed 5% 5% 2/6% Not taxed 5% 5% Not taxed 5/25% 1 1/2-15%, 2% 5% 1 1/2-5% 2/6% 5% 3/9% Not taxed Not taxed 2/10% 5% 2/12% 5% 5% 5% 3/12% 3/15% 1 1/2-15% 5%, Exemption. 1000-2000 500-2000 500 500 500 500-2000 500-2000 1000 0-1000 500 500 5oa 1000 100 10000 500 500-2000 500 100 2000 25000 200 100-500 500-2000 250 200 100-500 250 500-2000 10000 100-500 500 *Exemption in the states marked with an asterisk has been construed to apply to the estate as a whole rather than to individual shares. (a) Connecticut. For nonresidents exemption varies according to portion of estate within the state. (b) Iowa taxes nonresident aliens 10—20%. (c) Louisiana exempts property that bore its just proportion of taxes during owner's life. (d) North Carolina exemnts husband or wife. (e) Oklahoma. — The tax increases nroeressi vely, so a literal construction would result in con- fiscation of all in excess of certain amounts ir. ]f»rffe estates. (f) Orecon exempts entire estate if less thai 10.000. direct: 500-5,000, collateral. (g) Washington. — 25% tax on nonresident aliens held invalid. 80 hillyer's legal manual. FEDERAL INCOME TAX— SCOPE AND OPERATION. By Joseph J. Scott, IJ. S. Collector of Internal Revenue. In any consideration of the new Federal Income Tax thought should be given to the two distinct divisions of the tax, viz., the normal tax of one per cent on all net incomes in excess of the specified exemptions and the additional, or graduated tax on incomes above $20,000 a year at increasing percentages. The normal tax is assessable against both individuals and corporations ; the additional tax against only individuals. In the abstract of the new law herewith given this distinction is drawn, and should be kept in mind. For convenience the term ''Per- sons" is employed to designate individuals sls contrasted with corporate taxpayers. The latter are assembled under the term "Corporations," but in their number are included all corporations, joint-stock companies or associations, as well as insurance companies. Thus, the general refer- ence to ''persons" and "corporations" may be understood. Persons Affected. — 1. Every citizen of the United States, whether residing at home or abroad. 2. Every resident of the United States, though not a citizen. 3. Every resident of a foreign country deriving income from the United States. Rates. — 1. Normal tax of one per cent on all incomes in excess of $3,000 a year. 2. Additional tax according to the following scale: (a) One per cent upon the amount by which net income ex- ceeds $20,000 but does not exceed $50,000. (b) Two per cent upon the amount by which net income exceeds $50,000 but does not exceed $75,000. (c) Three per cent upon the amount by which net income ex- ceeds $75,000 but does not exceed $100,000. (d) Four per cent upon the amount by which net income ex- ceeds $100,000 but does not exceed $250,000. (e) Five per cent upon the amount by which net income ex- ceeds $250,000 but does not exceed $500,000. (f) Six per cent upon the amount bv which net income exceeds $500,000. What is Income? — In general the law takes cognizance of the following as constituting the income of persons : 1. Gains, profits and income derived from salaries, wage, or compensa- tion for personal services of any kind. 2. From professions, vocations, businesses, trade and dealings in real and personal property. 3. From interest, rent, dividends, or securities, and the income from, but not the value of, property acquired by gift, bequest or descent. Income not Taxable. — Proceeds of life insurance policies received by the beneficiary upon the death of the insured, or payments made to the insured on endowment or annuity contracts are not taxable. FEDERAL INCOME TAX SCOPE AND OPERATION. 81 Deductions for Persons. — Net income of persons for the purpose of the normal tax will be computed by deducting from gross income the following items: 1. Necessary and actual expenses of carrying on business (not includ- ing personal living or family expenses). 2. All interest paid during the year on indebtedness. 3. All national, state, county, school and municipal taxes. (Not in- cluding taxes assessed against local benefits.) 4. Losses in trade or by fire, storm or shipwreck, not compensated far by insurance or otherwise. 5. Worthless accounts actuall}^ charged off during the year. 6. Reasonable allowance for exhaustion, wear and tear of property through use. In the case of mine,s the allowance for depletion of ores and other natural deposits shall not exceed five per cent of the value at the mine of the output for the year. This provision also covers oil wells. Under no circumstances is a deduction allowed for any amount paid out for new buildings or permanent improvements. 7. Dividends on stock or from the net earnings of any corporation taxable on its net income. The personal return must, however, include such dividends in order that they may be considered in the computation of the additional tax for individuals. As far as the normal tax for in- dividuals is concerned such dividends are not considered a part of per- sonal incomes, being taxed to that extent by direct assessment against the corporations. 8. Amount of income upon w^hich the tax has been paid or withheld for payment at the source. 9. General exemption of $3,000. Then $1,000 extra if the person making the return have a wife living with him, or a husband living w^ith her. However, should both husband and wife have taxable incomes and be living together, the total exemption is $4,000. Collection at Source. — The general provision is that the normal tax of one per cent shall be withheld by all persons, firms, copartnerships, companies, corporations, joint-stock companies or associations, and in- surance companies, in whatever capacity acting. This also applies to lessees or mortgagors of real or personal property, to trustees, executors, administrators, agents, receivers, conservators and employees, having the control, receipt, custody, disposal or payment of interest, rent, salaries, wages, premiums, annuities, or other fixed or determinable annual income of another person exceeding $3,000 for the taxable year. Must Claim Deductions. — The person whose income tax is thus with- held must, in order to receive the benefit of the exemption of $3,000 (plus $1,000 for a wife or husband) file with the withholding power a claim in writing at least thirty davs before the return is due. This means thirty days prior to March 1st. As to the privilege of the person affected by the withholding pro- vision to avail himself of the other detailed deductions, the law pro- vides that a statement in writing shall be filed with the withholding power setting forth the person's income from all other sources and specifying the deductions asked for. The statement will then become a 6 k 82 hillyer's legal manual. part of the return made in such person's behalf. It, too, must be filed at least thirty days before the return is due. In this latter respect, however, the individual affected can avail himself or herself of filing such a statement directly with the Collector of Internal Revenue, to be considered with the return made in his or her behalf under the with- holding provision. Should the claim for exemptions and deductions not be filed in time to become parts of the return of income, there would remain to the person affected only the right of application for a refund of the tax after the payment of the same. Income from Bonds. — The normal tax of one per cent must be with- held from payments of interest upon bonds, mortgages, or deeds of trust, or similar obligations of corporations, whether payable annually or at shorter or longer periods, even though such interest does not ex- ceed $3,000. Incomes from Foreign Sources. — This requirement applies also to coupons, checks or bills of exchange in payment of interest upon the bonds of foreign countries, upon foreign mortgages and the stocks and bonds of foreign corporations, regardless of the amount or how often due. (NOTE — Here it should be noted that the taxpayer should not be confused by the necessity of withholding the tax upon the dividends of foreign corporations, in view of the provision exempting the dividends of domestic corporations from either the withholding requirement or from consideration in the assessment of the normal income tax against individuals. The difference must be apparent. In the case of the foreign corporation the government of the United States can tax only the part of the dividends due residents of the United States or citizens of the United States residing abroad. In the case of the domestic cor- poration the government can levy and collect the normal tax upon the dividends by a direct assessment against the corporation.) The withholding provision in respect to foreign payments affects all making such collections, and every dealer in coupons representing for- eign interest or dividends, except that dealer who purchases the coupons from a banker or another dealer in such coupons, must abide by it. Tax on Corporations. — Domestic and Foreign. — For those corpora- tions organized in the United States the normal income tax will be levied upon the entire net income; but for those organized under the laws of a foreign country upon the net income accruing from business transacted and capital invested in the United States. TJiose Exempt. — The following exceptions among corporations are specified as exempt from the tax: 1. Labor organizations. 2. Agricultural and horticultural associations. 3. Mutual savings banks not having capital stock represented by shares. 4. Fraternal beneficiary societies and orders, 5. Domestic buildinsr and loan associations. FEDERAL INCOME TAX — SCOPE AND OPERATION. 83 6. Mutual cemetery companies. 7. Religious, charitable, scientific and educational associations. 8. Chambers of commerce, boards of trade, and civic organizations in general. Corporation's Taxable Income. — The net income of any domestic corporation will be ascertained by deducting from gross income the fol- lowing items : 1. All ordinary and necessary expenses for maintenance and opera- tion, including rent. 2. All losses actually sustained and not compensated for by insurance or otherwise. Here will be considered a reasonable allowance for depre- ciation by use, wear and tear of property, if any. In the case of mines the allowance will be figured as heretofore noted in determining the net income of persons. 3. Amount of interest accrued and paid within the year on indebted- ness to an amount of such indebtedness not exceeding one-half the sum of its interest-bearing indebtedness and its paid-up capital at the close of the year. Or, if no capital stock, the amount of interest paid within the year on an amount of its indebtedness not exceeding the amount of the capital employed in the business at the close of the year. In the case of banks, loan and trust companies the interest paid on deposits or money received for investment and secured by certificates. As re- spects indebtedness wholly secured by collateral which is the subject of sale in the ordinary business of the corporation, the total interest secured and paid. 4. All taxes paid on assessments levied under the authority of the United States, or any state, or foreign government. Income of Foreign Corporations. — The net income of corporations existing under the laws of a foreign country will be computed in practically the same way, the law taking cognizance only of the gross income accrued during the taxable year from business transacted and capital invested within the United States. The deductions, likewise, will be based wholly on operations within the United States. Collection of Tax. — Returns of incomes, under oath, must be in the hands of the Collector of Internal Revenue not later than March first. The tax will be due June 1st, and will become delinquent June 30th, when a penalty of five per cent will accrue with interest at the rate of one per cent a month. While the law fixes the calendar year as the taxable year, it allows any corporation the right to make its own fiscal year its taxable year. Insurance Companies. — Insurance companies in making returns can deduct from gross income the net addition, if any, required by law to be made within the taxable year to reserve funds; also the sums other than dividends paid on policy and annuity contracts. Mutual fire insurance companies need not make returns of any por- tions of premium deposits returned to polic^^-holders, but must make returns for taxation of all income from other sources, plus those por- 84 hillyer's legal manual. tions of the premium deposits retained by the companies for purposes other than for loss, expenses, and reinsurance reserves. Mutual marine insurance companies can deduct amounts repaid policy-holders on account of premiums paid or on account of interest accruing on such amounts between the time of becoming due and pay- ment. Life insurance companies need not include that portion of any premium paid back or credited to a policy-holder, or treated as an abate- ment of premium. Other Important Provisions. — Public Utilities Exempt.— The law provides that states and their political subdivisions are exempted from payment of the tax on any income that accrues to them from the opera- tion of public utilities, or the exercise of any governmental function. This exemption does not, however, apply to the income derived from any public utility by the person or corporation operating it. Puhlic Bonds not Taxed. — In the computation of net income the in- terest upon the obligations of a state or any political subdivision of a state, also upon the obligations of the United States, is excluded. This covers public bonds in general. Persons Exempt. — Exempt from the tax are the salaries of the Pres- ident of the United States, all federal judges, and all state, county and municipal officers and employees. Partners are Individuals. — In dealing with corporate taxpayers the law makes special exception of partnerships and holds that the persons in a partnership shall be liable for the tax only in their individual capacity. Must Get License. — All persons, firms or corporations undertaking the collection of foreign incomes must obtain a license by application to the Collector of Internal Revenue. Undivided Profits. — Undivided and undistributed profits will be con- sidered in ascertaining the net income of persons. Accumulation of profits for the purpose of evading the law will not avail because the fact that profits are allowed to accumulate beyond the reasonable needs of a business will be regarded as prima facie evidence of a fraudulent purpose. No Double Taxation. — Double taxation of corporation dividends is prevented by assessing the normal income tax on such dividends against the corporations and not against the individuals receiving them. It will be noted, however, that when corporation dividends contribute to in- dividual incomes subject to the additional tax they enter into the com- putation of net incomes. The Tax for 1913.— The tax for the year 1913 will be collected for that part of the calendar year beginning March 1st and ending Decem- ber 31st. All deductions and exemptions will be figured on a five-sixths basis in order to arrive at five-sixths of the net income, which, for 1913,. will be regarded as the taxable income. FEDERAL INCOME TAX LAW. 85 FEDERAL INCOME TAX LAW. The Income Tax Law is contained in Section II of "An Act to Reduce Tariff Duties and to provide Revenue for the Government, and for other purposes" (H. R. 3321), approved October 3, 1913, and so far as the Income Tax is concerned, effec- tive November 1, 1913. So much of Subdivision "S" of Section IV of the Tariff Act as relates to the continuation in force of the Corporation Excise Tax is also included. A. Subdivision 1. Normal Income Tax. — That there shall be levied, assessed, collected and paid annually upon the entire net in- come arisinoj or accruing from all sources in the precedinof calendar year to every citizen of the United States, whether residing at home or abroad, and to every person residing in the United States, though not a citizen thereof, a tax of 1 per centum per annum upon such income, except as hereinafter provided; and a like tax shall be assessed, levied, collected, and paid annually upon the entire net income from all prop- erty owned and of every business, trade or profession carried on in the United States by persons residing elsewhere. Subdivision 2. Additional Tax. — In addition to the income tax provided under this section (herein referred to as the normal income tax) there shall be levied, assessed, and collected upon the net income of every individual an additional income tax (herein referred to as the additional tax) of 1 per centum per annum upon the amount by which the total net income exceeds $20,000 and does not exceed $50,000, and 2 per centum per annum upon the amount by which the total net income exceeds $50,000 and does not exceed $75,000, 3 per centum per annum upon the amount by which the total net income exceeds $75,000 and does not exceed $100,000, 4 per centum per annum upon the amount by which the total net income exceeds $100,000 and does not exceed $250,000, 5 per centum per annum upon the amount by which the total net income exceeds $250,000 and does not exceed $500,000, and 6 per centum per annum upon the amount by which the total net income exceeds $500,000. All the provisions of this section relating to individuals who are to be chargeable with the normal income tax, so far as they are applicable and are not inconsistent with this subdivision of paragraph A, shall apply to the levy, assessment, and collection of the additional tax im- posed under this section. Every person subject to this additional tax shall, for the purpose of its assessment and collection, make a personal return of his total net income from all sources, corporate or otherwise, for the preceding calendar year, under rules and regulations to be prescribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury. For the purpose of this additional tax the taxable income of any individual shall embrace the share to which he would be entitled of the gains and profits, if divided or dis- tributed, whether divided or distributed or not, of all corporations, joint- stock companies, or associations however created or organized, formed or fraudulently availed of for the purpose of preventing the imposi- tion of such tax through the medium of permitting such gains and profits to accumulate instead of being divided or distributed; and the 86 hillyer's legal manual. fact that any such corporation, joint-stock company, or association, is a mere holding company, or that the gains and profits are permitted to accumulate beyond the reasonable needs of business shall be prima facie evidence of a fraudulent purpose to escape such tax; but the fact that the gains and profits are in any case permitted to accumulate and become surplus shall not be construed as evidence of a purpose to escape the said tax in such case unless the Secretary of the Treasury shall certify that in his opinion such accumulation is unreasonable for the purposes of the business. When requested by the Commissioner of Internal Revenue, or any district collector of internal revenue, such corporation, joint-stock company, or association shall forward to him a correct statement of such profits and the names of the individuals who w^ould be entitled to the same if distributed. B. Net Income Defined. — That, subject only to such exemptions and deductions as are hereinafter allowed, the net income of a taxable person shall include gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid, or from professions, vocations, businesses, trade, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in real or personal property, also from interest, rent, dividends, securities, or the trans- action of any lawful business carried on for gain or profit, or gains or profits and income derived from any source whatever, including the income from but not the value of property acquired by gift, bequest, devise, or descent: Provided, That the proceeds of life insurance policies paid upon the death of the person insured or payments made by or credited to the insured, on life insurance, endowment, or annuity contracts, upon the return thereof to the insured at the maturity of the term mentioned in the contract, or upon surrender of contract, shall not be included as income. Deductions. — That in computing net income for the purpose of the normal tax there shall be allowed as deductions: First, the necessary expenses actually paid in carrying on any business, not including per- sonal, living, or family expenses; second, all interest paid within the year by a taxable person on indebtedness ; third, all national. State, county, school, and municipal taxes paid within the year, not includ- ing those assessed against local benefits; fourth, losses actually sus- tained during the year, incurred in trade or arising from fires, storms, or shipwreck, and not compensated for by insurance or otherwise ; fifth, debts due to the taxpayer actually ascertained to be worthless and charged off within the year; sixth, a reasonable allowance for the exhaustion, wear and tear of property arising out of its use or em- ployment in the business, not to exceed, in the case of mines, 5 per centum of the gross value at the mine of the output for the year for which the computation is made, but no deduction shall be made for any amount of expense of restoring property or making good the exhaus- tion thereof for which an allowance is or has been made: Provided, That no deduction shall be allowed for any amount paid out for new buildings, permanent improvements, or betterments, made to increase FEDERAL INCOME TAX LAW. 87 the value of any property or estate; seventh, the amount received as dividends upon the stock or from the net earnings of any corporation, joint-stock company, association, or insurance company which is tax- able upon its net income as hereinafter provided; eighth, the amount of income, the tax upon which has been paid or withheld for payment at the source of the income, under the provisions of this section, pro- vided that whenever the tax upon the income of a person is required to be withheld and paid at the source as hereinafter required, if such annual income does not exceed the sum of $3,000 or is not fixed or certain, or is indefinite, or irregular as to amount or time of accrual, the same shall not be deducted in the personal return of such person. Net Income of Nonresidents. — The net income from property owned and business carried on in the United States by persons residing else- where shall be computed upon the basis prescribed in this paragraph and that part of paragraph G of this section relating to the computa- tion of the net income of corporations, joint-stock and insurance com- panies, organized, created, or existing under the laws of foreign coun- tries, in so far as applicable. Net Income, What Excluded. — That in computing net income under this section there shall be excluded the interest upon the obligations of a State or any political subdivision thereof, and upon the obliga- tions of the United States or its possessions; also the compensation of the present President of the United States during the term for which he has been elected, and of the judges of the supreme and in- ferior courts of the United States now in office, and the compensation of all officers and employees of a State or any political subdivision thereof except when such compensation is paid by the United States Grovernment. C. Exemptions. — That there shall be deducted from the amount of the net income of each of said persons, ascertained as provided herein, the sum of $3,000, plus $1,000 additional if the person making the return be a married man with a wife living with him, or plus the sum of $1,000 additional if the person making the return be a married woman with a husband living with her; but in no event shall this ad- ditional exemption of $1,000 be deducted by both a husband and a wife : Provided, That only one deduction of $4,000 shall be made from the aggregate income of both husband and wife when living together. p. Returns. — The said tax shall be computed upon the remainder of said net income of each person subject thereto, accruing during each preceding calendar year ending December thirty-first: Provided, how- ever. That for the year ending December thirty-first, nineteen hundred and thirteen, said tax shall be computed on the net income accruing from March first to December thirty-first, nineteen hundred and thir- teen, both dates inclusive, after deducting five-sixths only of the specific exemptions and deductions herein provided for. On or before the first day of March, nineteen hundred and fourteen, and the first day of March in each j^ear thereafter, a true and accurate return, under oath or affirmation, shall be made by each person of lawful age, except as hereinafter provided, subject to the tax imposed by this section, 88 hillyer's legal manual. and having a net income of $3,000 or over for the taxable year, to the collector of internal revenue for the district in which such person re- sides or has his principal place of business, or, in the case of a person residing in a foreign country, in the place where his principal business is carried on within the United States, in such form as the Commis- sioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, setting forth specifically the gross amount of income from all separate sources and from the total thereof, deduct- ing the aggregate items or expenses and allowances herein authorized; guardians, trustees, executors, administrators, agents, receivers, con- servators, and all persons, corporations, or associations acting in any fiduciary capacity, shall make and render a return of the net income of the person for whom they act, subject to this tax, coming into their custody or control and management, and be subject to all the provisions of this section which apply to individuals: Provided, That a return made by one of two or more joint guardians, trustees, executors, ad- ministrators, agents, receivers, and conservators, or other persons act- ing in a fiduciary capacity, filed in the district where such person resides, or in the district where the will or other instrument under which he acts is recorded, under such regulations as the Secretary of the Treasury may prescribe, shall be a sufficient compliance with the requirements of this paragraph; and also all persons, firms, companies, copartnerships, corporations, joint-stock companies or associations, and insurance companies, except as hereinafter provided, in w^hatever capacity acting, having the control, receipt, disposal, or payment of fixed or determinable annual or periodical gains, profits, and income of another person subject to tax, shall in behalf of such person deduct and withhold from the payment an amount equivalent to the normal income tax upon the same and make and render a return, as afore- said, but separate and distinct, of the portion of the income of each person from which the normal tax has been thus withheld, and con- taining also the name and address of such person, or stating that the name and address or the address, as the case may be, are unknown: Provided, That the provision requiring the normal tax of individuals to be withheld at the source of the income shall not be construed to require any of such tax to be withheld prior to the first day of Novem- ber, nineteen hundred and thirteen: Provided further, That in either case above mentioned no return of income not exceeding $3,000 shall be required: Provided further, That any persons carrying on business in partnership shall be liable for income tax only in their individual capacity, and the share of the profits of a partnership to which any taxable partner would be entitled if the same were divided, whether divided or otherwise, shall be returned for taxation and the tax paid, under the provisions of this section, and any such firm, when requested by the Commissioner of Internal Revenue, or any district collector, shall forward to him a correct statement of such profits and the names of the individuals who would be entitled to the same, if distributed: Provided further. That persons liable for the normal income tax only, on their own account or in behalf of another, shall not be required to make return of the income derived from dividends on the capital stock FEDERAL INCOME TAX LAW. 89 or from the net earnino^ of corporations, joint-stock companies or as- sociations, and insurance companies taxable upon their net income as hereinafter provided. Any person for whom return has been made and the tax paid, or to be paid as aforesaid, shall not be required to make a return unless such person has other net income, but only one deduction of $3,000 shall be made in the case of any such person. The collector or deputy collector shall require every list to be verified by the oath or affirmation of the party rendering it. If the collector or deputy collector have reason to believe that the amount of any income returned is understated, he shall give due notice to the person making the return to show cause why the amount of the return should not be increased, and upon proof of the amount understated may increase the same accordingly. If dissatisfied with the decision of the collector, such person may submit the case, with all the papers, to the Commissioner of Internal Revenue for his decision, and may furnish sworn testimony of witnesses to prove any relevant facts. E. Assessments. — That all assessments shall be made by the Com- missioner of Internal Revenue and all persons shall be notified of the amount for which they are respectively liable on or before the first day of June of each successive year, and said assessments shall be paid on or before the thirtieth day of June, except in cases of refusal or neglect to make such return and in cases of false or fraudulent re- turns, in which cases the Commissioner of Internal Revenue shall, upon the discovery thereof, at any time within three years after said return is due, make a return upon the information obtained as provided for in this section or by existing law, and the assessment made by the Commissioner of Internal Revenue thereon shall be paid by such per- son or persons immediately upon notification of the amount of such assessment ; and to any sum or sums due and unpaid after the thirtieth day of elune in any year, and for ten days after notice and demand thereof by the collector, there shall be added the sum of 5 per centum on the amount of tax unpaid, and interest at the rate of 1 per centum per month upon said tax from the time the same became due, except from the estates of insane, deceased, or insolvent persons. Payment at Source. — All persons, firms, copartnerships, companies, corporations, joint-stock companies or associations, and insurance com- panies, in whatever capacity acting, including lessees, or mortgagors of real or personal property, trustees acting in any trust capacity, executors, administrators, agents, receivers, conservators, employers, and all officers and employees of the United States having the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensation, remuneration, emoluments, or other fixed or determinable annual gains, profits, and income of an- other person, exceeding $3,000 for any taxable year, other than divi- dends on capital stock, or from the net earnings of corporations and joint-stock companies or associations subject to like tax, who are re- quired to make and render a return in behalf of another, as provided herein, to the collector of his, her. or its district, are hereby authorized and required to deduct and withhold from such annual gains, profits, 90 hillyer's legal manual. and income such sum as will be sufficient to pay the normal tax im- posed thereon by this section, and shall pay to the officer of the United States Government authorized to receive the same; and they are each hereby made personally liable for such tax. In all cases where the in- come tax of a person is withheld and deducted and paid or to be paid at the source, as aforesaid, such person shall not receive the benefit of the deduction and exemption allowed in paragraph C of this sec- tion except by an application for refund of the tax unless he shall, not less than thirty days prior to the day on which the return of his income is due, file with the person who is required to withhold and pay tax for him, a signed notice in writing claiming the benefit of such exemption and thereupon no tax shall be withheld upon the amount of such exemption: Provided, That if any person for tlie purpose of obtaining any allowance or reduction by virtue of a claim for such exemption, either for himself or for any other person, knowingly makes any false statement or false or fraudulent representation, he shall be liable to a penalty of $300; nor shall any person under the foregoing conditions be allowed the benefit of any deduction provided for in sub- section B of this section unless he shall, not less than thirty days prior to the day on which the return of his income is due, either file with the person who is required to withhold and pay tax for him a true and correct return of his annual gains, profits, and income from all other sources, and also the deductions asked for, and the showing thus made shall then become a part of the return to be made in his behalf by the person required to withhold and pay the tax, or likewise make application for deductions to the collector of the district in which re- turn is made or to be made for him: Provided further, That if such person is a minor or an insane person, or is absent from the United States, or is unable owing to serious illness to make the return and application above provided for, the return and application may be made for him by the person required to withhold and pay the tax, he making oath under the penalties of this Act that he has sufficient knowledge of the affairs and property of his beneficiary to enable him to make a full and complete return for him or her, and that the return and application made by him are full and complete : Provided further. That the amount of the normal tax hereinbefore imposed shall be de- ducted and withheld from fixed and determinable annual gains, profits, and income derived from interest upon bonds and mortgages, or deeds of trust or other similar obligations of corporations, joint-stock com- panies or associations, longer periods, although such interest does not amount to $3,000, subject to the provisions of this section requiring the tax to be withheld at the source and deducted from annual income and paid to the Government; and likewise the amount of such tax shall be deducted and withheld from coupons, checks, or bills of ex- change for or in payment of interest upon bonds of foreign countries and upon foreign mortgages or like obligations (not payable in the United States), and also from coupons, checks, or bills of exchange for or in payment of any dividends upon the stock or interest upon the obligations of foreign corporations, associations, and insurance companies engaged in business in foreign countries ; and the tax in each FEDERAL INCOME TAX LAW. 91 case shall be withheld and deducted for and in behalf of any person subject to the tax hereinbefore imposed, althouo^h such interest, divi- dends, or other compensation does not exceed $3,000, by any banker or person who shall sell or otherwise realize coupons, checks, or bills of exchans^e drawn or made in payment of any such interest or div- idends (not payable in the United States), and any person who shall obtain payment (not in the United States), in behalf of another of such dividends and interest by means of coupons, checks, or bills of exchange, and also any dealer in such coupons who shall purchase the same for any such dividends or interest (not payable in the United States), otherwise than from a . banker or another dealer in such coupons; but in each case the benefit of the exemption and the deduc- tion allowable under this section may be had by complying with the foregoing provisions of this paragraph. License. — All persons, firms, or corporations undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange shall obtain a license from the Commissioner of Internal Revenue, and shall be subject to such regulations enabling the Government to ascer- tain and verify the due withholding and payment of the income tax required to be withheld and paid as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; and any person who shall knowingly undertake to collect such payments as aforesaid without having obtained a license therefor, or without complying w-ith such regulations, shall be deemed guilty of a misdemeanor and for each offense be fined in a sum not exceeding $5,000, or imprisoned for a term not exceeding one year, or both, in the discretion of the court. Future Contracts Invalid. — Nothing in this section shall be construed to release a taxable person from liability for income tax, nor shall any contract entered into after this Act takes effect be valid in regard to any Federal income tax imposed upon a person liable to such pay- ment. Rules and Regnlations. — The tax herein imposed upon annual gains, profits, and income not falling under the foregoing and not returned and paid by virtue of the foregoing shall be assessed by personal re- turn under rules and regulations to be prescribed by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury. Payment at Source Restricted to Normal Tax. — The provisions of this section relating to the deduction and paj^ment of the tax at the source of income shall only apply to the normal tax hereinbefore im- posed upon individuals. F. Penalties. — That if any person, corporation, joint-stock company, association, or insurance company liable to make the return or pay the tax aforesaid shall refuse or neglect to make a return at the time or times hereinbefore specified in each year, such person shall be liable to a penalty of not less than $20 nor more than $1,000. Any person or any officer of any corporation required by law to make, render, 92 sign, or verify any return who makes any false or fraudulent return or statement with intent to defeat or evade the assessment required by this section to be made shall be guilty of a misdemeanor, and shall be fined not exceeding $2,000 or be imprisoned not exceeding one year, or both, at the discretion of the court, with the costs of prosecution. G. (a) Corporation Tax. — That the normal tax hereinbefore im- posed upon individuals likewise shall be levied, assessed, and paid an- nually upon the entire net income arising or accruing from all sources during the preceding calendar year to every corporation, joint-stock company or association, and every insurance company, organized in the United States, no matter how created or organized, not including partnerships; but if organized, authorized, or existing under the laws of any foreign country, then upon the amount of net income accruing from business transacted and capital invested within the United States during such year: Provided, however. That nothing in this section shall apply to labor, agricultural, or horticultural organizations, or to mutual savings banks not having a capital stock represented by shares, or to fraternal beneficiary societies, orders, or associations operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and providing for the payment of life, sick, accident, and other benefits to the mem- bers of such societies, orders, or associations and dependents of such members, nor to domestic building and loan associations, nor to ceme- tery companies, organized and operated exclusively for the mutual benefit of their members, nor to any corporation or association organ- ized and operated exclusively for religious, charitable, scientific, or educational purposes, no part of the net income of which inures to the benefit of any private stockholder or individual, nor to business leagues, nor to chambers of commerce or boards of trade, not organized for profit or no part of the net income of which inures to the benefit of the private stockholder or individual ; nor to any civic league or organ- ization not organized for profit, but operated exclusively for the promotion of social welfare: Provided further, That there shall not be taxed under this section any income derived from any public utility or from the exercise of any essential governmental function accruing to any State, Territory, or the District of Columbia, or any political subdivision of a State, Territory, or the District of Columbia, nor any income accruing to the government of the Philippine Islands or Porto Rico, or of any political subdivision of the Philippine Islands or Porto Rico: Provided, That whenever any State, Territory, or the District of Columbia, or any political subdivision of a State or Territory, has, prior to the passage of this Act, entered in good faith into a contract with any person or corporation, the object and purpose of which is to acquire, construct, operate or maintain a public utility, no tax shall be levied under the provisions of this Act upon the income derived from the operation of such public utility, so far as the payment thereof will impose a loss or burden upon such State, Territory, or the Dis- trict of Columbia, or a political subdivision of a State or Territory; but this provision is not intended to confer upon such person or cor- FEDERAL INCOME TAX LAW. 93 poration any financial gain or exemption or to relieve such person or corporation from the payment of a tax as provided for in this section upon the part or portion of the said income to which such person or corporation shall be entitled under such contract. (b) Corporate Net Income, How Ascertained. — Such net income shall be ascertained by deducting from the gross amount of the income of such corporation, joint-stock company or association, or insurance company, received within the year from all sources (first) all the ordi- nary and necessary expenses paid within the year in the maintenance and operation of its business and properties, including rentals or other payments required to be made as a condition to the continued use or possession of property; (second) all losses actually sustained within the year and not compensated by insurance or otherwise, including a reasonable allowance for depreciation by use, wear and tear of prop- erty, if any; and in the case of mines a reasonable allowance for depletion of ores and all other natural deposits, not to exceed 5 per centum of the gross value at the mine of the output for the year for which the computation is made ; and in case of insurance companies the net addition, if any, required by law to be made within the year to reserve funds and the sums other than dividends paid within the year on policy and annuity contracts: Provided, That mutual fire insurance companies requiring their members to make premium deposits to pro- vide for losses and expenses shall not return as income any portion of the premium deposits returned to their policy-holders, but shall return as taxable income all income received by them from all other sources plus such portions of the premium deposits as are retained by the com- panies for purposes other than the payment of losses and expenses and reinsurance reserves: Provided further, That mutual marine insurance companies shall include in their return of gross income gross premiums collected and received by them less amounts paid for reinsurance, but shall be entitled to include in deductions from gross income amounts repaid to policy-holders on account of premiums previously paid by them and interest paid upon such amounts between the ascertainment thereof and the payment thereof and life insurance companies shall not include as income in any year such portion of any actual premium received from any individual policy-holder as shall have been paid back or credited to such individual policy-holder, or treated as an abate- ment of premium of such individual policy-holder, within s.uch year; (third) the amount of interest accrued and paid within the year on its indebtedness to an amount of such indebtedness not exceeding one- half of the sum of its interest-bearing indebtedness and its paid-up capital stock outstanding at the close of the year, or if no capital stock, the amount of interest paid within the year on an amount of its in- debtedness not exceeding the amount of capital employed in the busi- ness at the close of the year: Provided, That in case of indebtedness wholly secured by collateral the subject of sale in ordinary business of such corporation, joint-stock company, or association, the total in- terest secured and paid by such company, corporation, or association within the year on any such indebtedness may be deducted as a part 94 HILLYER^S LEGAL MANUAL. of its expense of doing business: Provided further, That in the case of bonds or other indebtedness, which have been issued with a guaranty that the interest payable thereon shall be free from taxation, no de- duction for the payment of the tax herein imposed shall be allowed; and in the case of a bank,. banking association, loan, or trust company, interest paid within the year on deposits or on moneys received for investment and secured by interest-bearing certificates of indebtedness issued by such bank, banking association, loan or trust company; (fourth) all sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof, or imposed by the Government of any foreign country: Provided, That in the case of a corporation, joint-stock company or association, or insurance company, organized, authorized, or existing under the laws of any foreign country, such net income shall be ascertained by de- ducting from the gross amount of its income accrued within the year from business transacted and capital invested within the United States, (first) all the ordinary and necessary expenses actually paid within the year out of earnings in the maintenance and operation of its busi- ness and property within the United States, including rentals or other payments required to be made as a condition to the continued use or possession of property; (second) all losses actually sustained within the year in business conducted by it within the United States and not compensated by insurance or otherwise, including a reasonable allow- ance for depreciation by use, wear and tear of property, if any, and in the case of mines a reasonable allowance for depletion of ores and all other natural deposits, not to exceed 5 per centum of the gross value at the mine of the output for the year for which the computation is made ; and in case of insurance companies the net addition, if any, required by law to be made within the year to reserve funds and the sums other than dividends paid within the year on policy and annuity contracts : Provided further, That mutual fire insurance companies requiring their members to make premium deposits to provide for losses and expenses shall not return as income any portion of the pre- mium deposits returned to their policy-holders, but shall return as tax- able income all income received by them from all other sources plus such portions of the premium deposits as are retained by the com- panies for purposes other than the payment of losses and expenses and reinsurance reserves: Provided further. That mutual marine insur- ance companies shall include in their return of gross income gross premiums collected and received by them less amounts paid for re- insurance, but shall be entitled to include in deductions from gross income amounts repaid to policy-holders on account of premiums pre- viously paid by them, and interest paid upon such amounts between the ascertainment thereof and the payment thereof and life insurance companies shall not include as income in any year such portion of any actual premium received from any individual policy-holder as shall have been paid back or credited to such individual policy-holder, or treated as an abatement of premium of such individual policy-holder, within such year; (third) the amount of interest accrued and paid within the FEDERAL INCOME TAX LAW. 95 3^ear on its indebtedness to an amount of such indebtedness not ex- ceeding the proportion of one-half of the sum of its interest-bearing indebtedness and its paid-up capital stock outstanding at the close of the year, or if no capital stock, the capital employed in the business at the close of the year which gross amount of its income for the year from business transacted and capital invested within the United States bears to the gross amount of its income derived from all sources within and without the United States: Provided, That in the case of bonds or other indebtedness which have been issued with a guaranty that the interest payable thereon shall be free from taxation, no deduction for the payment of the tax herein imposed shall be allowed; (fourth) all sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof or the Dis- trict of Columbia. In the case of assessment insurance companies, whether domestic or foreign, the actual deposit of sums with State or Territorial officers, pursuant to law, as additions to guarantee or reserve funds shall be treated as being payments required by law to reserve funds. (c) Period of Computation. — The tax herein imposed shall be com- puted upon its entire net income accrued within each preceding calendar year ending December thirty-first : Provided, however that for the year ending December thirty-first, nineteen hundred and thirteen, said tax shall be imposed upon its entire net income accrued within that portion of said year from March first to December thirty- first, both dates inclusive, to be ascertained by taking five-sixths of its entire net income for said calendar year: Provided further. That any corporation, joint-stock company or association, or insurance com- pany subject to this tax may designate the last day of any month in the year as the day of the closing of its fiscal year and shall be en- titled to have the tax payable by it computed upon the basis of the net income ascertained as herein provided for the year ending on the day so designated in the year preceding the date of assessment instead of upon the basis of the net income for the calendar year preceding the date of assessment; and it shall give notice of the day it has thus designated as the closing of its fiscal year to the collector of the dis- trict in which its principal business office is located at any time not less than thirty days prior to the date upon which its annual return shall be filed. Annual Return of Corporations. — All corporations, joint-stock com- panies or associations, and insurance companies subject to tlTe tax herein imposed, computing taxes upon the income of the calendar year, shall, on or before the first day of March, nineteen hundred and four- teen, and the first day of March in each year thereafter, and all cor- porations, joint-stock companies or associations, and insurance com- panies, computing taxes upon the income of a fiscal year which it may designate in the manner hereinbefore provided, shall render a like return within sixty days after the close of its said fiscal year, and within sixty days after the close of its fiscal year in each year there- after, or in the case of a corporation, joint-stock company or associa- 96 HILLYER^S LEGxVL MANUAL. tion, or insurance company, organized or existing under the laws of a foreign country, in the place where its principal business is located within the United States, in such form as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, shall render a true and accurate return under oath or affirma- tion of its president, vice-president, or other principal officer, and its treasurer or assistant treasurer, to the collector of internal revenue for the district in which it has its principal place of business, setting forth (first) the total amount of its paid-up capital stock outstanding, or if no capital stock, its capital employed in business, at the close of the year; (second) the total amount of its bonded and other indebted- ness at the close of the year; (third) the gross amount of its income, received during such year from all sources and if organized under the laws of a foreign country the gross amount of its income received within the year from business transacted and capital invested within the United States; (fourth) the total amount of all its ordinary and necessary expenses paid out of earnings in the maintenance and opera- tion of the business and properties of such corporation, joint-stock company or association, or insurance company within the year, stat- ing separately all rentals or other payments required to be made as a condition to the continued use or possession of property, and if organized under the laws of a foreign country the amount so paid in the maintenance and operation of its business within the United States; (fifth) the total amount of all losses actually sustained during the year and not compensated by insurance or otherwise, stating separately any amounts allowed for depreciation of property, and in case of in- surance companies the net addition, if any, required by law to be made within the year to reserve funds and the sums other than dividends paid within the year on policy and annuity contracts: Provided further. That mutual fire insurance companies requiring their members to make premium deposits to provide for losses and expenses shall not return as income any portion of the premium deposits returned to their policy- holders, but shall return as taxable income all income received by them from all other sources plus such portions of the premium deposits as are retained by the companies for purposes other than the payment of losses and expenses and reinsurance reserves: Provided further, That mutual marine insurance companies shall include in their return of gross in- come gross premiums collected and received by them less amounts paid for reinsurance, but shall be entitled to include in deductions from gross income amounts paid to policy-holders on account of premiums pre- viously paid by them, and interest paid upon such amounts between the ascertainment thereof and the payment thereof and life insurance companies shall not include as income in any year such portion of any actual premium received from any individual policy-holder as shall have been paid back or credited to such individual policy-holder, or treated as an abatement of premium of such individual policy-holder, within such year; and in case of a corporation, joint-stock company or association, or insurance company, organized under the laws of a foreign country, all losses actually sustained by it during the year in FEDERAL INCOME TAX LAW. 97 business conducted by it within the United States, not compensated by insurance or otherwise, stating separately any amounts allowed for depreciation of property, and in case of insurance companies the net addition, if any, required by law to be made within the year to reserve funds and the sums other than dividends paid within the year on policy and annuity contracts: Provided further, That mutual fire insurance companies requiring their members to make premium deposits to pro- vide for losses and expenses shall not return as income any portion of the premium deposits returned to their policy-holders, but shall return as taxable income all income received by them from all other sources plus such portions of the premium deposits as are retained by the com- panies for purposes other than the payment of losses and expenses and reinsurance reserves: Provided further. That mutual marine insurance companies shall include in their return of gross income gross premiums collected and received by them less amounts paid for reinsurance, but shall be entitled to include in deductions from gross income amounts re- paid to policy-holders on account of premiums previously paid by them and interest paid upon such amounts between the ascertainment thereof and the payment thereof and life insurance companies shall not include as income in any year such portion of any actual premium received from any individual policy-holder as shall have been paid back or cred- ited to such individual policy-holder, or treated as an abatement of premium of such individual policy-holder, within such year; (sixth) the amount of interest accrued and paid within the year on its bonded or other indebtedness not exceeding one-half of the sum of its interest- bearing indebtedness and its paid-up capital stock, outstanding at the close of the year, or if no capital stock, the amount of interest paid within the year on an amount of indebtedness not exceeding the amount of capital employed in the business at the close of the year, and in the case of a bank, banking association, or trust company, stating separately all interest paid by it within the year on deposits; or in case of a corporation, joint-stock company or association, or insurance company, organized under the laws of a foreign country, interest so paid on its bonded or other indebtedness to an amount of such bonded or other indebtedness not exceeding the proportion of its paid-up capital stock outstanding at the close of the year, or if no capital stock, the amount of capital employed in the business at the close of the year, which the gross amount of its income for the year from business transacted and capital invested within the United States bear to the gross amount of its income derived from all sources within and without the United States; (seventh) the amount paid by it within the year for taxes imposed under the authority of the United States and separately the amount so paid bv it for taxes imposed by the Government of any foreign country; (eighth) the net income of such corporation, joint- stock company or association, or insurance company, after making the deductions in this subsection authorized. All such returns shall as re- ceived be transmitted forthwith by the collector to the Commissioner of Internal Revenue. 98 HILLYER^S LEGAL MANUAL. Corporation Assessment and Payment. — ^All assessments shall be made and the several corporations, joint-stock companies or associa- tions, and insurance companies shall be notified of the amount for which they are respectively liable on or before the first day of June of each successive year, and said assessment shall be paid on or before the thirtieth day of June: Provided, That every corporation, joint-stock company or association, and insurance company, computing taxes upon the income of the fiscal year which it may designate in the manner here- inbefore provided, shall pay the taxes due under its assessment within one hundred and twenty days after the date upon which it is required to file its list or return of income for assessment; except in cases of refusal or neglect to make such return, and in cases of false or fraud- ulent returns, in which cases the Commissioner of Internal Revenue shall, upon the discovery thereof, at any time within three years after said return is due, make a return upon information obtained as pro- vided for in this section or by existing law, and the assessment made by the Commissioner of Internal Revenue thereon shall be paid by such corporation, joint-stock company or association, or insurance company immediately upon notification of the amount of such assessment ; and to any sum or sums due and unpaid after the thirtieth day of June in any year, or after one hundred and twenty days from the date on which the return of income is required to be made by the taxpayer, and after ten days' notice and demand thereof by the collector, there shall be added the sum of 5 per centum on the amount of tax unpaid and in- terest at the rate of 1 per centum per month upon said tax from the time the same becomes due. (d) Inspection of Returns. — When the assessment shall be made as provided in this section, the returns, together with any corrections thereof which may have been made by the commissioner, shall be filed in the office of the Commissioner of Internal Revenue and shall constitute public records and be open to inspection as such : Provided, That any and all such returns shall be open to inspection only upon the order of the President, under rules and regulations to be prescribed by the Secretary of the Treasury and approved by the President : Provided fur- ther, That the proper officers of any State imposing a general income tax may, upon the request of the governor thereof, have access to said returns or to an abstract thereof, showing the name and income of each such corporation, joint-stock company, association or insurance company, at such times and in such manner as the Secretary of the Treasury may prescribe. Penalty for Nonreturn or False Return. — If any of the corporations, joint-stock companies or associations, or insurance companies aforesaid, shall refuse or neglect to make a return at the time or times hereinbefore specified in each year, or shall render a false or fraudulent return, such corporation, joint-stock company or association, or insurance company shall be liable to a penalty of not exceeding $10,000. H. "State"' and ** United States" Defined.— That the word ''State" or ''United States" when used in this section shall be construed to include any Territory, Alaska, the District of Columbia, Porto Rico, FEDERAL INCOME TAX LAW. 99 and the Philippine Islands, when such construction is necessary to carry- out its provisions. I. Amendments to Revised Statutes. — That sections thirty-one hun- dred and sixty-seven, thirty-one hundred and seventy-two, thirty-one hundred and seventy-three, and thirty-one hundred and seventy-six of the Revised Statutes of the United States as amended are hereby amended so as to read as follows : "Sec. 3167. Divulging Information. — It shall be unlawful for any collector, deputy collector, agent, clerk, or other officer or employee of the United States to divulge or to make known in any manner whatever not provided by law to any person the operations, style of work, or ap- paratus of any manufacturer or producer visited by him in the discharge of his official duties, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any in- come return by any person or corporation, or to permit any income return or copy thereof or any book containing any abstract or partic- ulars thereof to be seen or examined by any person except as provided by law; and it shall be unlawful for any person to print or publish in any manner whatever not provided by law any income return or any part thereof or the amount or source of income, profits, losses, or ex- penditures appearing in any income return ; and any offense against the foregoing provision shall be a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or both, at the discretion of the court; and if the offender be an officer or employee of the United States he shall be dismissed from office and be incapable thereafter of holding any office under the Government. "Sec. 3172. Investigating Expeditions. — Every collector shall, from time to time, cause his deputies to proceed through every part of his district and inquire after and concerning all persons therein who are liable to pay any internal-revenue tax, and all persons ow^ning or having the care and management of any objects liable to pay any tax, and to make a list of such persons and enumerate said objects. "Sec. 3173. Annual List. — It shall be the duty of any person, part- nership, firm, association or corporation, made liable to any duty, special tax, or other tax imposed by law% when not otherwise provided for, in case of a special tax, on or before the thirty-first day of July in each year, in case of income tax on or before the first day of March in each year, and in other cases before the day on which the taxes accrue, to make a list or return, verified by oath or affirmation, to the collector or a deputy collector of the district where located, of the articles or objects, including the amount of annual income charged with a duty or tax, the quantity of goods, wares, and merchandise made or sold and charged with a tax, the several rates and aggregate amount, according to the forms and regulations to be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for which such person, partnership, firm, association, or corporation is liable: Provided, That if any person liable to pay any duty or tax, or owning, possessing, or having the care or management of property, goods, wares, 100 hillyer's legal manual. and merchandise, articles or objects liable to pay any duty, tax, or license, shall fail to make and exhibit a list or return required by law, but shall consent to disclose the particulars of any and all the property, goods, wares, and merchandise, articles, and objects liable to pay any duty or tax, or any business or occupation liable to pay any tax las aforesaid, then, and in that case, it shall be the duty of the collector or deputy collector to make such list or return, which, being distinctly read, consented to, and signed and verified by oath or affirmation by the per- son so owning, possessing, or having the care and management as afore- said, may be received as the list of such person : Provided further. That in case no annual list or return has been rendered by such person to the collector or deputy collector as required by law, and the person shall be absent from his or her residence or place of business at the time the collector or a deputy collector shall call for the annual list or return, it shall be the duty of such collector or deputy collector to leave at such place of residence or business, with some one of suitable age and discre- tion, if such be present, otherwise to deposit in the nearest postoffice, a note or memorandum addressed to such person, requiring him or her to render to such collector or deputy collector the list or return required by law within ten days from the date of such note or memorandum, ver- ified by oath or affirmation. And if any person, on being notified or required as aforesaid, shall refuse or neglect to render such list or return within the time required as aforesaid, or whenever any person who is required to deliver a monthly or other return of objects subject to tax fails to do so at the time required, or delivers any return which, in the opinion of the collector, is false or fraudulent, or contains any under- valuation or understatement, it shall be lawful for the collector to sum- mon such person, or any other person having possession, custody, or care of books of account containing entries relating to the business of such per- son, or any other person he may deem proper, to appear before him and produce such books, at a time and place named in the summons, and to give testimony or answer interrogatories, under oath, respecting any ob- jects liable to tax or the returns thereof. The collector may summon any person residing or found within the State in which his district lies ; and when the person intended to be summoned does not reside and cannot be found within such State, he may enter any collection district where such person may be found and there make the examination herein authorized. And to this end he may there exercise all the authority which he might lawfully exercise in the district for which he was commissioned. ''Sec. 3176. Neglect to Render Return or False Return. — When any person, corporation, company, or association refuses or neglects to render any return or list required by law, or renders a false or fraudulent return or list, the collector or any deputy collector shall make, according to the best information which he can obtain, in- cluding that derived from the evidence elicited by the examination of the collector, and on his own view and information, such list or return, according: to the form prescribed, of the income, property, and objects liable to tax owned or possessed or under the care or management of such person or corporation, company or association, and i the Commissioner of Internal Kevenue shall assess all taxes not paid by , FEDERAL INCOME TAX LAW. 101 stamps, including the amount, if any, due for special tax, income or other tax, and in case of any return of a false or fraudulent list or valua- tion intentionally he shall add 100 per centum to such tax ; and in case of a refusal or neglect, except in cases of sickness or absence, to make a list or return, or to verify the same as aforesaid, he shall add 50 per centum to such tax. In case of neglect occasioned by sickness or absence as aforesaid the collector may allow such further time for making and delivering such list or return as he may deem necessary, not exceeding thirty days. The amount so added to the tax shall be collected at the same time and in the same manner as the tax unless the neglect or falsity is discovered after the tax has been paid, in which case the amount so added shall be collected in the same manner as the tax ; and the list or return so made and subscribed by such collector or deputy collector shall be held prima facie good and sufficient for all legal pur- poses. ' ' J. Receipts for Taxes. — That it shall be the duty of every collector of internal revenue, to whom any payment of any taxes other than the tax represented by an adhesive stamp or other engraved stamp is made under the provisions of this section, to give to the person making such payment a full written or printed receipt, expressing the amount paid and the particular account for which such payment was made; and whenever such payment is made such collector shall, if required, give a separate receipt for each tax paid by any debtor, on account of pay- ments made to or to be made by him to separate creditors in such form that such debtor can conveniently produce the same separately to his several creditors in satisfaction of their respective demands to the amounts specified in such receipts; and such receipts shall be sufficient evidence in favor of such debtor to justify him in withholding the amount therein expressed from his next payment to his creditor; but such creditor may, upon giving to his debtor a full written receipt, acknowledging the payment to him of whatever sum may be actually paid, and accepting the amount of tax paid as aforesaid (specifying the same) as a further satisfaction of the debt to that amount, require the surrender to him of such collector's receipt. K. Jurisdiction of District Courts. — That jurisdiction is hereby conferred upon the district courts of the United States for the district within which any person summoned under this section to appear to tes- tify or to produce books shall reside, to compel such attendance, produc- tion of books, and testimony by appropriate process. L. Provisions Continued in Force. — That all administrative, special, and general provisions of law, including the laws in relation to the as- sessment, remission, collection, and refund of internal-revenue taxes not heretofore specificallj^ repealed and not inconsistent with the provisions of this section, are hereby extended and made applicable to all the pro- visions of this section and to the tax herein imposed. M. Porto Rico and Philippines. — That the provisions of this section shall extend to Porto Rico and the Philippine Islands: Provided, That the administration of the law and the collection of the taxes imposed in 102 Porto Rico and the Philippine Islands shall be by the appropriate in- ternal-revenue officers of those sfovernments, and all revenues collected in Porto Rico and the Philippine Islands thereunder shall accrue intact to the general governments, thereof, respectively: And provided further. That the jurisdiction in this section conferred upon the district courts of the United States shall, so far as the Philippine Islands are concerned, be vested in the courts of the first instance of said islands : And provided further. That nothing in this section shall be held to exclude from the computation of the net income the compensation paid any official by the governments of the District of Columbia, Porto Rico and the Philippine Islands or the political subdivisions thereof. N. Appropriation. — That for the purpose of carrying into effect the provisions of Section II of this Act, and to pay the expenses of as- sessing and collecting the income tax therein imposed, and to pay such sums as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may deem necessary, for information, detec- tion, and bringing to trial and punishment persons guilty of violating the provisions of this section, or conniving at the same, in cases where such expenses are not otherwise provided for by law, there is hereby appropriated out of any money in the Treasury not otherwise appro- priated for the fiscal year ending June thirtieth, nineteen hundred and fourteen, the sum of $800,000, and the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is au- thorized to appoint and pay from this appropriation all necessary of- ficers, agents, inspectors, deputy collectors, clerks, messengers and janitors, and to rent such quarters, purchase such supplies, equipment, mechanical devices, and other articles as may be necessary for employ- ment or use in the District of Columbia or any collection district in the United States, or any of the Territories thereof: Provided, That no agent paid from this appropriation shall receive compensation at a rate higher than that now received by traveling agents on accounts in the Internal Revenue Service, and no inspector shall receive a compensation higher than $5 a day and $3 additional in lieu of subsistence, and no deputy collector, clerk, messenger, or other employee shall be paid at a rate of compensation higher than the rate now being paid for the same or similar work in the Internal Revenue Service. Additional Officials. — In the office of the Commissioner of Internal Revenue at Washington, District of Columbia, there shall be appointed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury one additional deputy commissioner, at a salary of $4,000 per annum ; two heads of divisions, whose compensation shall not exceed $2,500 per annum; and such other clerks, messengers, and employees, and to rent such quarters and to purchase such supplies as may be necessary : Provided, That for a period of two years from and after the passage of this Act the force of agents, deputy collectors, in- spectors, and other employees not including the clerical force below the grade of chief of division employed in the Bureau of Internal Revenue in the city of Washington, District of Columbia, authorized by this sec- tion of this Act shall be appointed by the Commissioner of Internal FEDERAL INCOME TAX LAW. 103 Eevenue, with the approval of the Secretary of the Treasury, under such rules and reojulations as may be fixed by the Secretary of the Treasury to insure faithful and competent service, and with such compensation as the Commissioner of Internal Revenue may fix, with the approval of the Secretary of the Treasury, within the limitations herein prescribed : Provided further, That the force authorized to carry out the provisions of Section II of this Act, when not employed as herein provided, shall be employed on general internal-revenue work. Portion of Subdivision *'S" of Section IV of the Tariff Act- Continuation in Force of the Present Corporation Excise Tax for Certain Purposes. — Provided further. That all excise taxes upon cor- porations imposed by section thirtj^'-eight, that have accrued or have been imposed for the year ending December thirty-first, nineteen hun- dred and twelve, shall be returned, assessed, and collected in the same manner, and under the same provisions, liens, and penalties as if sec- tion thirty-eight continued in force and effect: And provided further, That a special excise tax with respect to the carrying on or doing of busi- ness, equivalent to 1 per centum upon their entire net income, shall be levied, assessed, and collected upon corporations, joint-stock companies or associations, and insurance companies, of the character described in section thirty-eight of the Act of August fifth, nineteen hundred and nine, for the period from January first to February twenty-eighth, nine- teen hundred and thirteen, both dates inclusive, which said tax .shall be computed upon one-sixth of the entire net income of said corpora- tions, joint-stock companies or associations, and insurance companies, for said year, said net income to be ascertained in accordance with the pro- visions of subsection G of section two of this Act : Provided further, That the provisions of said section thirty-eight of the Act of August fifth, nineteen hundred and nine, relative to the collection of the tax therein imposed shall remain in force for the collection of the excise tax herein provided, but for the year nineteen hundred and thirteen it .shall not be necessary to make more than one return and assessment for all the taxes imposed herein upon said corporations, joint-stock companies or associations, and insurance companies, either by way of income or excise, which return and assessment shall be made at the time and in the man- ner provided in this Act ; but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil case before the said repeal or modification; but all rights and liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modification had not been made. Any offenses committed and all penalties or forfeitures or liabilities incurred prior to the passage of this Act under any statute embraced in or changed, modified, or repealed by this Act may be prosecuted or pun- ished in the same manner and with the same effect as if this Act had not been passed. No Act of limitation now in force, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in or modified, changed, or repealed by this Act shall be affected thereby so far as they affect any 104 HILLYER^S LEGAL MANUAL. suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to the passage of this Act, which may be commenced and prosecuted within the same time and with the same effect as if this Act had not been passed. T. Invalid Provision not to Affect Others. — If any clause, sen- tence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of said Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. U. When Effective. — That unless otherwise herein specially pro- vided, this Act shall take effect on the day following its passage. Approved 9 :10 P. M., October 3, 1913. INSTRUCTIONS OF THE UNITED STATES TREAS- URER REGARDING THE INCOME TAX. Regulations regarding the deduction of the Income Tax at the source on interest maturing on bonds, notes and other similar obligations of corporations, joint-stock companies or associations, and insurance com- panies under th-e provisions of Section 2 of the Act of October 3, 1913 : Tax to be Deducted at Source. — Under the Income Tax Law enacted October 3, 1913, a tax of one per cent, designated in the law as the nor- mal tax, shall be deducted at ''the source," beginning November 1, 1913, from all income accruing and payable to Every citizen of the United States whether residing at home or abroad, and to Every person residing in the United States though not a citizen thereof which may be derived from interest upon bonds and mortgages or deeds of trust or other similar obligations, including equipment, trust agree- ments and receivers' certificates, of corporations, joint-stock companies or associations, and insurance companies, although such interest does not amount to $3,000, excepting only the interest upon the obligations of the United States or its possessions, or a State or any political subdivision thereof. The term ''debtor" as hereinafter used shall be construed to cover all corporations, joint-stock companies or associations, and insurance companies. When Tax shall be Withheld by Debtor. — For the purpose of collect- ing this tax on all coupons and registered interest originating or payable in the United States the source shall be the debtor (or its paying agent in the United States), which shall deduct the tax when same is to be withheld and no other bank, or trust company, banking firm or indi- vidual taking coupons or interest orders for collection, or otherwise, shall withhold the tax thereon; provided, that all such coupons or orders for registered interest are accompanied by certificates of owner- INCOME TAX — TREASURER'S INSTRUCTIONS. 105 ship, signed by the owners of the bonds upon which the interest matured. These certificates shall be in the forms hereinafter pre- scribed, and each separate certificate shall be made out by the owner of the bonds for the coupons or interest orders for each separate issue of bonds or obligations of each debtor. When Tax shall be Withheld by First Collecting Agency. — If, how- ever, the coupons or interest orders are not accompanied by certificates as prescribed above, the first bank, trust company, banking firm, or in- dividual, or collecting agency receiving the coupons or interest orders for collection, or otherwise, shall deduct and withhold the tax and shall attach to such coupons or interest orders its own certificate, giving the name and address of the owner, or the person presenting such coupons or interest orders, if the owner is not known, with a description of the coupons or interest orders; also setting forth the fact that they are withholding the tax upon them; whereupon the debtor shall not again withhold the tax on said coupons or interest orders, but in lieu thereof shall deliver to the government the certificate of such bank, trust company, etc., which is withholding such tax money. Any corporation, collecting agency, or person first receiving from the owner any interest coupons or orders for the collection of registered interest, and to whom the certificates above provided for are delivered, should require the persons tendering such coupons or orders for reg- istered interest, to satisfactorily establish their identity. Pajnnent of Registered Interest by Debtors. — ^The debtor whose bonds may be registered both as to principal and interest shall deduct the normal tax of one per cent from the accruing interest on all bonds before sending out checks for said interest to registered owners or be- fore paying such interest upon interest orders, signed by the registered holders of said bonds until there shall be filed with said debtor or its fiscal agent (and not later than thirty days prior to March 1st) through whom said interest is customarily paid, the proper certificates claiming exemption from liability for said tax as herein provided, ex- ecuted as follows : By a citizen or resident of the United States, the hona fide owner of the registered obligations, who may claim exemption under Paragraph C, Section 2, of the Federal Income Tax Law, or By corporations, joint-stock companies or associations or insurance companies, organized in the United States, or organizations, associations, fraternities, etc., which are either taxable or exempt from taxation, as provided in Paragraph G, Subdivision A, of the Act, or By a bona fide resident and citizen of a foreign country claiming ex- emption as such. Designation of Fiscal Agencies. — The "debtor" may appoint pay- ing or fiscal agents to act for it in matters pertaining to the collection of the tax upon filing with the Collector of Internal Revenue for its district a proper notice of the appointment of such agent or agents. Certificates Claiming Exemption. — If the owners of the bonds are individuals who are citizens or residents of the United States, the afore- 106 HILLYER^S LEGAL MANUAL. said certificates shall accompany the coupons, or, with respect to the interest on registered bonds, shall be filed with the payer of said inter- est, and such certificates shall describe the bonds and show the amount of coupons attached to or the amount of interest due such owners on registered bonds and the full names and address of the owners, and shall also state whether they claim or do not claim exemption from taxation at the source provided for in Paragraph C of Section 2 of the Federal Income Tax Law ($3,000 and under certain conditions $4,000) as to the income represented by such coupons or interest. The certificates shall also show the amount, if any, of exemption claimed and the date of signature. The form of certificate to be used for this purpose shall be substan- tially as follows : Form of Certificate to be Presented With Coupons or Interest Orders Stating Whether or not Exemption is Claimed Under Paragraph C, Section 2, of the Federal Income Tax Law. I do solemnly swear that I, , a citizen, or resident, of the United States, and residing at , am the owner of dollars ($ ) in bonds of the denominations of dollars ($ ) each, Nos of the known as bonds from which were detached the accompanying coupons, due ., 191. . . ., amount- ing to dollars ($ ), or upon which there matured , 191. . . ., dollars ($ ) of registered interest. I do (or do not) now claim with respect to the income represented by said interest the benefit of a deduction of dollars ($ ) allowed under Paragraph C, Section 2, of the Federal Income Tax Law, my total exemption thereunder being dollars. (Name) (Address) (Date) , 191 Whenever interest coupons accompanied by a certificate of an in- dividual who is a citizen or resident of the United States as aforesaid, are presented to a debtor or its fiscal agent for payment, or whenever interest is payable to such individual on a bond registered as to both principal and interest, the debtor or its fiscal agent shall deduct and withhold the amount of the normal tax, except to the extent that ex- emption is claimed in the certificate of ownership in the form herein prescribed. Where the interest to be paid is registered, the same form of certificate shall be used where exemptions are claimed, except that it shall be filed with the debtor at least five days before the due date of such interest. By Whom Signed. — These certificates must be signed by the claim- ants with their full names and contain their postoffice and street ad- dresses, also the date when signed. Duly authorized agents, trustees acting in a trust capacity, etc., may sign such certificates for the persons for whom they act. Organizations Whose Interest Coupons are not Taxed at the Source. — If the owners of the bonds are corporations, joint-stock com- INCOME TAX — TREASURER'S INSTRUCTIONS. 107 panies or associations, or insurance companies, organized in the United States, no matter how created, or organized, or if they are organizations, associations, or fraternities, which are either taxable or exempt from taxation as provided in Paragraph G, Subdivision A, of the Act, the debtor is not required to withhold or deduct the tax upon income derived from interest on such bonds, provided coupons or orders for interest from such bonds shall be accompanied by a certificate of the owner thereof certifying to such ownership, which certificate shall be filed with the debtor when such coupons or interest orders are presented for payment. Such certificate shall be substantially in the following form: Certificates to be Furnished by Organizations not Subject to Tax on Interest at the Source. I, , the of the , a of , do solemnly declare that said is the owner of dollars ($ ) in bonds of the denominations of dollars ($ ) each, Nos of the known as bonds from which were deducted the accompanying coupons due . 191. . . ., amounting to dollars ($....) or upon which there matured , 191 , dollars ($....) of registered interest, and that under the provisions of the Income Tax Law of October 3, 1913, said interest is ex- empt from the payment of taxes collectible at the source, which exemp- tion is hereby claimed. (Name) (Of) (Address) (Date) 191 This certificate must be signed by the full name of the organization, stating its place of business, and by the president, secretary or some other principal officer of said corporation or organization duly author- ized to sign the same, together with the date of execution. How Collected When not Accompanied by the Certificate of Owner. — Where coupons or interest orders are not accompanied by the owner- ship certificates, the form to be executed by the first bank, trust com- pany, banking firm, individual, or collecting agency, receiving the same for collection, or otherwise, which must accompany the coupons or in- terest orders, shall be substantially as follows: Form of Certificate to be Presented With Coupons or Interest Orders When not Accompanied by the Certificate of Owners. I, . ., , the of the of , do solemnly de- clare that said has (or have) purchased or accepted for collection the accompanying coupons or interest orders amounting to dollars ($ ), and which represent interest matured on dollars ($ ) , of bonds of the and that received said coupons or orders for registered interest from of , and that no certificate of ownership accompanied said coupons or interest orders, and hereby acknowledges responsibility 108 hillyer's leGxVl manual. of withholdinor therefrom the normal income tax of one per cent, in accordance with the regulations of the Treasury Department. (Name) By (Address) (Date) , 191 This certificate shall be dated and signed by and shall state the ad- dress of the corporation, organization, collecting agency, or person withholding the tax with full names and addresses. Final Disposition of Certificates. — The debtor or paying agent shall deliver all certificates, with the list of names and addresses of those for whom the tax has been withheld, showing amounts, as required by law, to the Collector of Internal Revenue for their district on or before the 20th day of the month succeeding that in w^hich said certificates were received by them. Interest Due Before March 1, 1913.— The tax shall not be withheld on coupons or registered interest maturing and payable before March 1, 1913, although presented for payment at a later date. License Required for Collection of Income from Foreign Countries. All persons, firms, or corporations undertaking for accommodation or profit (this includes handling either by way of purchase or collec- tion) the collection of coupons, checks, bills of exchange, etc., for or in payment of interest upon bonds issued in foreign countries and upon foreign mortgages or like obligations, and for any dividends upon stock or interest upon obligations of foreign corporations, associations, or insurance companies engaged in business in foreign countries, are required by law to obtain a license from the Commis- sioner of Internal Revenue and may be required to give bond in such amount and under such conditions as the Commissioner of Internal Revenue may prescribe. By Whom Tax is Withheld. — The licensed person, firm or corpora- tion first receiving any such foreign items for collection or otherwise, shall withhold therefrom, the normal tax of one per cent, and wall be held responsible therefor. He (the licensee) shall thereupon indorse or stamp thereon the words ''Income Tax Withheld by" (giving his or their name, address, and date), which shall be sufficient evidence to relieve subsequent holders or purchasers from the duty of also withholding the income tax. If the size or nature of such coupons, checks, etc., makes it im- practicable to make said indorsement as above, a statement identify- ing the item on which tax is withheld and bearing said indorsement may be attached thereto with the same eifect as if the indorsement was made directly thereon. List of Tax Collections on Foreign Items. — Such licensees shall ob- tain the names and addresses of the persons from whom such items are received, and shall prepare a list of same and file it with the Collector of Internal Revenue for his district not later than the 20th INCOME TAX — treasurer's INSTRUCTIONS. 109 day of the month next succeeding the receipt of such items. The list shall be dated, and shall contain the names and addresses of the taxable persons and the amount of tax deducted, and from what source collected. Certificates to Secure Tax Exemption on Foreign^ Items. — In the event such coupons, checks or bills of exchange above mentioned are presented for collection by an individual claiming the benefit of the deductions allowable under paragraph C, section 2, of the Federal Income Tax law, such individual shall be permitted to avail himself of the deduction claimed, upon the signing of the form heretofore prescribed for coupons payable in the United States, and no tax shall be deducted for the amount of the exemption so claimed; or if such items are presented by corporations, joint-stock companies or associations, and insurance companies, organized in the United States, the form of certificate heretofore prescribed for such organizations shall be used, and in such instances no tax shall be deducted. In both instances the licensee first receiving such items shall retain such certificates for delivery with the lists aforesaid to the Collector of Internal Revenue for his district not later than the 20th day of the month next succeeding that in which said items were received, and with respect to said coupons, checks, or bills of exchange, said licensee shall attach thereto (identifying the items) or indorse, or stamp thereon the words "Income Tax Exemption Claimed through" (giving name and address of licensee), which shall be sufficient evi- dence to relicA^e subsequent holders or purchasers from the duty of also withholding the tax thereon. The provision for collection of the tax on foreign obligations set forth in this section of the regulations includes the interest upon all foreign bonds, even though the coupons may be at the option of the holder, payable in the United States as well as in some foreign country. Accurate Record to be Kept by Licensee. — All persons licensed shall keep their records in such manner as to show from whom every such item has been received, and such records shall be open at all times to the inspection of Internal Revenue officers. Penalty for Omission to Obtain License. — ^Failure to obtain license or to comply with regulations is punishable by a fine not exceeding $5,000, or imprisonment not exceeding one year, or both, in the dis- cretion of the court. Such licenses shall continue in force until re- voked. Application for such licenses should be made to the Collector of Internal Revenue for the district in which they are engaged in business, and may be issued without cost to such persons as the Com- missioner may approve, upon their filing with the Collector the bond herein provided for. All persons making application to the Collector of Internal Revenue for such licenses shall register their names and addresses and state the nature of the business in which they are engaged. Such applica- tion for the license, accompanied by a proper surety bond, when both have been approved by the Collector, will be considered a suffi- cient compliance with the law to enable the persons making applica- 110 tion to do business until February 1, 1914, without incurring the penalties provided by law for failure to procure the required license. Penalty for False Statements. — If any person, for the purpose of obtaining any allowance for reduction by virtue of a claim for ex- emption, either for himself or for any other, knowingly makes a false statement or false or fraudulent representation, he is liable under the Act to severe penalties. Partnerships. — Where coupons or interest orders, presented for pay- ment, represent the interest on bonds, or other similar obligations, owned by a partnership, they shall be accompanied by a certificate of ownership, which shall be signed either in the firm's name by one member of the firm or by each individual member of the partnership, and the normal tax shall be withheld by the debtor with respect to the income represented by said interest. Said certificate or ownership shall be in substantially the following form: Form of Certificate to be Filled Out and Signed by Members of Partnerships. The following certificate should be used when coupons or interest orders are presented by citizens or residents of the United States for collection of interest on bonds, or other similar obligations, owned by the partnerships of which they are members: I, , a member of the firm or partnership of of and residing at do solemnly declare that the said partnership is the owner of ($ ) dollars of bonds of the denomination of ($ ) dollars each, Nos of the known as bonds, from which were detached the ac- companying interest coupons, due , 191 . . . . , amounting to ($ ) dollars, or upon which there matured 191. . . ., ($ ) dollars of registered interest, and that the name and address of said firm or partnership, and the name of the individual members thereof, and their places of residence, are as fol- lows : Names of partners. Address. (Name of partner signing) (Of firm of) Address Date. Any member of a partnershiu who is entitled to a deduction (under ParaorraDh C. Section 2. of the Income Tax Law) of his pro rata share of the tax which may be withheld at the source of interest on bonds owned by his copartnership, as above, may claim such deduction or INCOME TAX — TREASURER'S INSTRUCTIONS. Ill allowance when he shall make his individual income tax return for the year in which said deduction at the source was made. Nonresident Foreigners Owning Interest-bearing Bonds not Subject to Taxation on Income from Such Bonds if Proper Certificate Fur- nished. — This tax will not be deducted from the income which may be derived from interest on bonds, mortorages, equipment trusts, re- ceivers' certificates, or other similar obligations of which the bona fide owners are citizens of foreign countries residing in foreign eoun- tries; Provided, that such interest coupons, or in case of wholly regis- tered bonds, the orders for the payment of such interest shall be accompanied by duly certified certificates hereinafter provided for to cover the cases of foreign and nonresident owners of bonds and other securities. Unless such proof of foreign ownership is duly furnished, the nor- mal tax of one per cent shall be deducted as herein provided. Such certificate shall be in substantially the following form: Form of Certificate to be Presented With Coupons or Interest Orders, Detached from Bonds or Other Obligations Owned by Those Who are Both Citizens or Subjects and Residents of Foreign Countries. I do solemnly declare that I am not a citizen or resident of the United States of America, but a subject or citizen of , and that I am the owner of dollars of bonds of the denomination of dollars each, Nos of the known as bonds, from which were detached the accompanying coupons, due 191 . . . . , amounting to ($....) dollars, or upon which there matured , 191 .... ($ ) dollars of registered interest and that, being a nonresident foreigner, I am ex- empt from the income tax imposed on such interest bv the United States Government under the law enacted October 3, 1913, and that no citizen of the United States, wherever residing, or foreigner resid- ing in the United States, or any of its possessions, has any interest in said bonds, coupons, or interest. (Signature of owner of bonds.) Address Bated , 191 Temporary Provision. — In view of the fact that the time required for the interpretation of the law and preparation and issuance of these regulations brings the date so near November 1st, and that many coupons payable upon that date are already in transit without the prescribed certificate attached, with a desire to cause as small an amount of inconvenience as possible to bondholders and general busi- ness as may be compatible with the provisions of the law and of these regulations, the following temporary provision is made : On November 1, 1913, and for fifteen days thereafter, coupons pre- sented to a debtor need not be accompanied by certificates in any of the forms hereinbefore described, provided that such coupons are ac- companied by a certificate substantially in the following form: 112 Form of Temporary Certificate Which may be Used Only Prior to November 16, 1913, Subject to Substitution. I (or we) hereby certify that I am (or we) lawfully entitled to present for payment the accompanying coupons or interest orders, amounting to . , dollars ($......)? representing interest matured on the following bonds (giving name of debtor and designat- ing the description, style and numbers of the bonds) ; that said coupons, or interest orders came into my (or our) possession un- accompanied by a certificate of ownership of said bonds, in any of the forms required by the regulations of the United States Treasury Department, and that the name and address of the owner of such bonds are as follows (give name and address of owner, or if impossible to do this, so state) : (Name of person, firm or corporation presenting coupons.) (By) :::::::::::::::::::::::; (Address) On or before February 1, 1914, certificates of the ownership of any of the bonds upon which was collected the interest referred to in such temporary certificates, in any of the forms above set forth, may be delivered to the debtor; and said debtor may thereupon return any sum withheld to which the owner of such bonds may be entitled under the law and regulations upon the facts disclosed by such owner- ship certificates. Any temporary certificates relating to bonds, for which certificates of ownership shall not have been substituted with the debtor, shall, on or before March 1, 1914, be delivered to the Collector of Internal Revenue. All forms of certificates herein provided for shall be 8 inches wide and 3% inches from top to bottom, and printed on paper eorrespond- ing in weight and texture to glazed bond paper 17x28, about 26 pounds to the ream of 500 sheets, or white writing paper 21x32', about 32 pounds to the ream of 500 sheets, and the person or corporation first receiving coupons for collection shall write or stamp his or its name and address and date on the back of said certificates. W. H. OSBORN, Collector of Internal Revenue. W. G. McADOO, Secretary of the Treasury. Approved October 25, 1913. OLD CORPORATION TAX LAW AND REGULATIONS —ACT OF 1909. For the year ending December 31, 1913, the Income Tax is com- puted as follows: % of the tax is computed under the new law of 1913, and % under the old law of 1909. For that reason the old law, and so much of the regulations as are pertinent, are reprinted as fol- lows : EXCISE TAX LAW OP 1909. 113 What Companies Taxed — How Computed — Five Thousand Dollars Exemption — What Organizations Excluded.— Every corporation, joint- stock company or association, organized for profit and having a capital stock represented by shares, and every insurance company, now or hereafter organized under the laws of the United States or of any State or Territory of the United States or under the acts of Congress applicable to Alaska or the District of Columbia, or now or hereafter organized under the laws of any foreign country and engaged in business in any State or Territory of the United States or in Alaska or in the District of Columbia, shall be subject to pay annually a special excise tax with respect to the carrying on or doing business by such corporation, joint-stock company or association, or insurance company, equivalent to one per centum upon the entire net income over and above five thousand dollars received by it from all sources during such year, exclusive of amounts received by it as dividends upon stock of other corporations, joint-stock companies or associations, or insurance companies, subject to the tax hereby im- posed; or if organized under the laws of any foreign country, upon the amount of net income over and above five thousand dollars re- ceived by it from business transacted and capital invested within the United States and its Territories, Alaska, and the District of Columbia during such year, exclusive of amounts so received by it as dividends upon stock of other corporations, joint-stock companies or associations, or insurance companies, subject to the tax hereby imposed : Provided, however, That nothing in this section contained shall apply to labor, agricultural or horticultural organizations, or to fraternal beneficiary societies, orders, or associations operating under the lodge system, and providing for the payment of life, sick, accident, and other benefits to the members of such societies, orders or associations, and dependents of such members, nor to domestic building and loan associations, organized and operated exclusively for the mutual benefit of their members, nor to any corporation or association organized and operated exclusively for religious, chari- table, or educational purposes, no part of the net income of which inures to the benefit of any private stockholder or individual. Net Income, How Ascertained — Deductions: Expenses, Losses, De- preciation, Interest, Taxes, Dividends — Foreign Corporations. — Sec- ond. Such net income shall be ascertained by deducting from the gross amount of the income of such corporation, joint-stock com- pany or association, or insurance company, received within the year from all sources, (first) all the ordinary and necessary expenses actu- ally paid within the year out of income in the maintenance and operation of its business and properties, including all charges such as rentals or franchise payments, required to be made as a condition to the continued use or possession of property; (second) all losses actually sustained within the year and not compensated by insurance or otherwise, including a reasonable allowance for depreciation of 114 property, if any, and in the case of insurance companies the sums other than dividends, paid within the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve funds; (third) interest actually paid within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the paid-up capital stock of such corporation, joint-stock company or association, or in- surance company, outstanding at the close of the year, and in the case of a bank, banking association or trust company, all interest actually paid hy it within the year on deposits; (fourth) all sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof, or imposed by the govern- ment of any foreign country as a condition to carry on business therein ; (fifth) all amounts received by it within the year as divi- dends upon stock of other corporations, joint-stock companies or associations, or insurance companies, subject to the tax hereby im- posed: Provided, That in the case of a corporation, joint-stock com- pany or association, or insurance company, organized under the laws of a foreign country, such net income shall be ascertained by deduct- ing from the gross amount of its income received within the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia, (first) all the ordinary and necessary expenses actually paid within the year out of earnings in the maintenance and operation of its busi- ness and property within the United States and its Territories, Alaska, and the District of Columbia, including all charges such as rentals or franchise payments required to be made as a condition to the continued use or possession of property; (second) all losses actually sustained within the year in business conducted by it within the United States or its Territories, Alaska, or the District of Colum- bia not compensated by insurance or otherwise, including a reason- able allowance for depreciation of property, if any, and in the case of insurance companies the sums other than dividends, paid w^ithin the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve funds; (third) interest actually paid within the year on its bonded or other indebted- ness to an amount of such bonded and other indebtedness, not exceed- ing the proportion of its paid-up capital stock outstanding at the close of the year which the gross amount of its income for the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia bears to the s^ross amount of its income derived from all sources within and without the United States; (fourth) the sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof; (fifth) all amounts re- ceived bv it within the year as dividends upon stock of other corpora- tions, joint-stock companies or associations, and insurance companies, subject to the tax hereby imposed. In the case of assessment insur- ance companies the actual deposit of sums with State or Territorial EXCISE TAX LAW OF 1909. 115 officers, pursuant to law, as additions to guaranty or reserve funds shall be treated as being payments required by law to reserve funds. Five Thousand Dollars Exemption — Return, by Whom Made and Contents. — Third. There shall be deducted from the amount of the net income of each of such corporations, joint-stock companies or associations, or insurance companies, ascertained as provided in the foregoing paragraphs of this section, the sum of five thousand dollars, and said tax shall be computed upon the remainder of said net income of such corporation, joint-stock company or association, or insurance company, for the year ending December thirty-first, nineteen hundred and nine, and for each calendar year thereafter; and on or before the first day of March, nineteen hundred and ten, and the first day of March in each year thereafter, a true and accurate return under oath or affirmation of its president, vice-president, or other principal officer, and its treasurer or assistant treasurer, shall be made by each of the corporations, joint-stock companies or associations, and in- surance companies, subject to the tax imposed by this section, to the collector of internal revenue for the district in which such corpora- tion, joint-stock company or association, or insurance company has its principal place of business, or, in the case of a corporation, joint- stock company or association, or insurance company, organized under the laws of a foreign country, in the place where its principal busi- ness is carried on within the United States, in such form as the Com- missioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, setting forth (first) the total amount of the paid-up capital stock of such corporation, joint-stock company or association, or insurance company, outstanding at the close of the year; (second) the total amount of the bonded and other indebted- ness of such corporation, joint-stock company or association, or in- surance company at the close of the year; (third) the gross amount of the income of such corporation, joint-stock company or association, or insurance company received during such year from all sources, and if organized under the laws of a foreign country the gross amount of its income received within the year from business trans- acted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia; also the amount received by such corporation, joint-stock company or association, or insurance company within the year by way of dividends upon stock of other corporations, joint-stock companies or associations, or in- surance companies, subject to the tax imposed by this section; (fourth) the total amount of all the ordinary and necessary expenses actually paid out of earnings in the maintenance and operation of the business and properties of such corporation, joint-stock company or association, or insurance company within the year, stating sep- arately all charges such as rentals or franchise payments required to be made as a condition to the continued use or possession of prop- erty, and if organized under the laws of a foreign country the amount so paid in the maintenance and operation of its business 116 hillyer's legal manual. within the United States and its Territories, Alaska, and the Dis- trict of Columbia; (fifth) the total amount of all losses actually sustained during the year and not compensated by insurance or other- wise, stating separately any amounts allowed for depreciation of property, and in the case of insurance companies the sums other than dividends, paid within the year on policy and annuity con-, tracts and the net addition, if any, required by law to be made within the year to reserve funds; and in the case of a corporation, joint-stock company or association, or insurance company, organized under the laws of a foreign country, all losses actually sustained by it during the year in business conducted by it within the United States or its Territories, Alaska, and the District of Columbia, not compensated by insurance or otherwise, stating separately any amounts allowed for depreciation of property, and in the case of insurance companies the sums other than dividends, paid within the 3^ear on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve fund; (sixth) the amount of interest actually paid within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the paid-up capital stock of such corporation, joint-stock company or association, or insurance company, outstanding at the close of the year, and in the case of a bank, banking association, or trust com- pany, stating separately all interest paid by it within the year on deposits; or in case of a corporation, joint-stock company or associa- tion, or insurance company, organized under the laws of a foreign country, interest so paid on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the proportion of its paid-up capital stock outstanding at the close of the year, which the gross amount of its income for the year from busi- ness transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia, bears to the gross amount of its income derived from all sources within and without the United States; (seventh) the amount paid by it within the year for taxes imposed under the authority of the United States or any State or Territory thereof, and separately the amount so paid by it for taxes imposed by the government of any forein country as a condition to carrying on business therein; (eighth) the net income of such corporation, joint-stock company or association, or insurance company, after making the deductions in this section authorized. All such returns shall as received be transmitted forthwith by the collector to the Commissioner of Internal Revenue. Incorrect Returns — Failure to Make Return — Authority of Commis- sioner — Amending Returns. — Fourth. Whenever evidence shall be produced before the Commissioner of Internal Revenue which in the opinion of the commissioner justifies the belief that the return made by any corporation, joint-stock company or association, or insurance company is incorrect, or whenever any collector shall report to the Commissioner of Internal Revenue that any corporation, joint-stock company or association, or insurance company has failed to make a EXCISE TAX LAW OF 1909. 117 return as required by law, the Commissioner of Internal Revenue may require from the corporation, joint-stock company or association, or insurance company making such return, such further information with reference to its capital, income, losses, and expenditures as he may deem expedient; and the Commissioner of Internal Revenue, for the purpose of ascertaining the correctness of such return or for the purpose of making a return where none has been made, is hereby authorized, by any regularly appointed revenue agent speciallj'^ desig- nated by him for that purpose, to examine any books and papers bearing upon the matters required to be included in the return of such corporation, joint-stock company or association, or insurance company, and to require the attendance of any officer or employee of such corporation, joint-stock company or association, or insurance company, and to take his testimony with reference to the matter re- quired by law to be included in such return, with power to administer oaths to such person or persons; and the Commissioner of Internal Revenue may also invoke the aid of any court of th^ United States having jurisdiction to require the attendance of such officers or em- ployees and the production of such books and papers. Upon the in- formation so acquired the Commissioner of Internal Revenue may amend any return or make a return where none has been made. All proceedings taken by the Commissioner of Internal Revenue under the provisions of this section shall be subject to the approval of the Secretary of the Treasury. Increase of Tax for False Return or Neglect to Make Return — Ex- tension of Time — Tax When Payable — Subsequent Discovery of Falsity of Return. Fifth. All returns shall be retained by the Com- missioner of Internal Revenue, who shall make assessments thereon; and in case of any return made with false or fraudulent intent, he shall add one hundred per centum of such tax, and in case of a re- fusal or neglect to make a return or to verify the same as aforesaid he shall add fifty per centum of such tax. In case of neglect oc- casioned by the sickness or absence of an officer of such corporation, joint-stock companj^ or association, or insurance company, required to make said return, or for other sufficient reason, the collector may allow such further time for making and delivering such return as he may deem necessary, not exceeding thirty days. The amount so added to the tax shall be collected at the same time and in the same manner as the tax originally assessed, unless the refusal, neglect, or falsity is discovered after the date for payment of said taxes, in which case the amount so added shall be paid by the delinquent cor- poration, joint-stock company or association, or insurance company, immediately upon notice given by the collector. All assessments shall be made and the several corporations, joint-stock companies or as- sociations, or insurance companies, shall be notified of the amount for which they are respectively liable on or before the first day of June of each successive year, and said assessments shall be paid on or be- fore the thirtieth day of June, except in eases of refusal or neglect to make such return, and in cases of false or fraudulent returns, in 118 which cases the Commissioner of Internal Revenue shall, upon the dis- covery thereof, at ^ny time within three years after said return is due, make a return upon information obtained as above provided for, and the assessment made by the Commissioner of Internal Revenue thereon shall be paid by such corporation, joint-stock company or association, or insurance company immediately upon notification of the amount of such assessment ; and to any sum or sums due and un- paid after the thirtieth day of June in any year, and for ten days after notice and demand thereof by the collector, there shall be added the sum of five per centum on the amount of tax unpaid and interest at the rate of one per centum per month upon said tax from the time the same becomes due. Assessment and Returns are Public Records. — Sixth. When the as- sessment shall be made, as provided in this section, the returns, to- gether with any corrections thereof which may have been made by the commissioner, shall be filed in the office of the Commissioner of Internal Revenue and shall constitute public records and be open to inspection as such. Penalty for Divulging Information. — Seventh. It shall be unlawful for any collector, deputy collector, agent, clerk, or other officer or employee of the United States to divulge or make known in any man- ner whatever not provided by law to any person any information ob- tained by him in the discharge of his official duty, or to divulge or make known in any manner not provided by law any document received, evidence taken, or report made under this section except upon the special direction of the President; and any offense against the foregoing provision shall be a misdemeanor and be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court. Corporation Making False Return or Failing to Make Return — Penalty. — Eighth. If any of the corporations, joint-stock companies or associations, or insurance companies aforesaid, shall refuse or neglect to make a return at the time or times hereinbefore specified in each year, or shall render a false or fraudulent return, such corpora- tion, joint-stock company or association, or insurance company shall be liable to a penalty of not less than one thousand dollars and not ex- ceeding ten thousand dollars. Person Making False Return, etc. — Penalty. — Any person authorized by law to make, render, sign, or verify any return, who makes any false or fraudulent return, or statement, with intent to defeat or evade the assessment required by this section to be made, shall be guilty of a mis- demeanor, and shall be fined not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, at the discretion of the court, with the costs of prosecution. Internal Revenue Laws Made Applicable. — All laws relating to the collection, remission, and refund of internal-revenue taxes, so far as applicable to and not inconsistent with the provisions of this section, are hereby extended and made applicable to the tax imposed by this section. EXCISE TAX LAW OF 1909 — AND REGULATIONS. 119 Jurisdiction of United States Courts. — Jurisdiction is hereby con- ferred upon the circuit and district courts of the United States for the district within which any person summoned under this section to ap- pear to testify or to produce books as aforesaid, shall reside, to compel such attendance, production of books, and testimony by appropriate process. REGULATIONS UNDER ACT OF 1909. All Companies must Report. — The attention of collectors and others is specially called to the fact that the tax imposed by this section of the law applies to all corporations, joint-stock companies, associations, or insurance companies described (except those specifically exempted), without reference to the kind of business carried on, and that the tax is to be computed upon the net income of such corporations, joint- stock companies, associations, and insurance companies, which shall be calculated by subtracting from the gross income received from all sources during the year certain deductions specifically set forth in the statute. Whether Liable to Tax or not. — Every corporation, joint-stock com- pany, association, or insurance company not specifically enumerated as exempt shall make the return required by law, whether it may have net income liable to tax or not. Income of Domestic and Foreign Companies Distinguished. — In the case of corporations, joint-stock companies, associations, or insurance companies organized under the authority of the United States or any State or Territory thereof, including Alaska and District of Columbia, such net income relates not only to the business carried on within the confines of the United States, but to income received from business transacted in any foreign country as well. In case of corporations, joint-stock companies, and associations organized under the authority of foreign countries the terms ''Gross income," "Net income," and "Authorized deductions" relate only to business transacted within the United States or any State or Territory thereof. Gross Income. — The following definitions and rules are given for determining the gross income of the various classes of corporations: 1-A. Banks and Other Financial Institutions. — Gross income consists of the gross revenue derived from the operation and management of the business and property of the corporation making the return, together with all amounts of income (including dividends received on stock of other corporations, joint-stock companies, associations, and insurance com- panies subject to this tax) derived from all other sources, as shown by the entries on its books from January 1st to December 31st of the year for which return is made. 1-B. Insurance Companies. — Same as 1-A above. 2. Transportation Companies. — Same as 1-A above. 3. Manufacturing Companies. — Gross income received during the year from all sources will consist of the total amount, ascertained I 120 hillyer's legal manual. through an accounting, that shows the difference between the price received for the goods as sold and the cost of such goods as manu- factured. The cost of goods manufactured shall be ascertained by an addition of a charge to the account of the cost of goods as manu- factured during the year of the sum of the inventory at beginning of the year and a credit to the account of the sum of the inventory at the end of the year. To this amount should be added all items of in- come received during the year from other sources, including dividends received on stock of other corporations, joint-stock companies, asso- ciations, and insurance companies subject to this tax. In the deter- mination of the cost of goods manufactured and sold as above such cost shall comprehend all charges for maintenance and operation of manufacturing plant, but shall not embrace allowances for deprecia- tion of property nor for losses sustained which are to be taken account of in ascertaining the net income subject to tax under the proper head- ing in the authorized deductions. 4. Mercantile Companies. — Gross amount of income received during the year from all sources consists of the total amount ascertained through inventory, or its equivalent, which show^s the difference betw^een the price received for goods sold and the cost of goods purchased during the year, with an addition of a charge to the account of the sum of the inventory at beginning of the year and a credit to the account of the sum of the inventory at the end of the year. To this amount should be added all items of income received during the year from other sources inclusive of dividends received on stock of other corporations, joint-stock companies, associations, and insurance companies subject to this tax. In determining this amount no account shall be taken of allow- ances for depreciation of property, nor for losses sustained which are to be taken account of in ascertaining the net income subject to tax under the proper heading in the authorized deductions. 5. Miscellaneous. — Gross income consists of the gross revenue derived from the operation and management of the business and property of the corporation making the return, together with all amounts of income (including dividends received on stock of other corporations, joint-stock companies, associations, and insurance companies subject to this tax) derived from all other sources as shown by the entries on the books from January 1st to December 31st of the year for which return is made. Gross Income and Gross Profits. — It wdll be noted from these defini- tions that gross income is practically the same as gross profits, the only difference being that gross income is more inclusive, embracing as it does not only gross profits of the corporation, joint-stock company and asso- ciation itself , but also all amounts of income received from other sources. It is immaterial whether any item of gross income is evidenced by cash receipts during the year or in such other manner as to entitle it to proper entry on the books of the corporation from January 1st to December 31st for the year in which return is made. Sale of Capital Assets. — In ascertaining income derived from the sale of capital assets, if the assets were acquired subsequent to January 1, 1909, the difference between the selling price and the buying price EXCISE TAX REGULATIONS — ACT OF 1909. 121 shall constitute an item of gross income to be added to or subtracted from gross income according to whether the selling price was greater or less than the buying price. If the capital assets were acquired prior to January 1, 1909, the amount of increment or depreciation represent- ing the difference between the selling and buying price is to be adjusted so as to fairly determine the proportion of the loss or gain arising sub- sequent to January 1, 1909, and which proportion shall be deducted from or added to the gross income for the year in which the sale was made. But for the purpose of determining the selling price, as provided in this section, there shall be added to the price actually realized on sale any amount which has already been set aside and deducted from gross income by way of depreciation as defined in article 4 and has not been paid out in making good such depreciation on the property sold. Where Corporation Doing More Than One Class of Business. — Where a corporation is engaged in carrying on more than one class of business, gross income derived from the different classes of business shall be ascer- tained according to the definitions above, applicable thereto. Deductions. — The specified deductions actually paid within the year, set forth in the statute and as described in article 3 preceding, shall include all proper items of expenses and charges under the respective heads as designated. The amount returned for ordinary and necessary expenses actually paid within the year out of income in maintenance and operation of the business and properties of the corporation should not, however, embrace allowances for depreciation of fixed property which are otherwise to be taken account of under the proper heading in the authorized deductions, nor expenses paid within the year and charged to such allowances for depreciation credited in the current year or in previous years. In ascertaining expenses proper to be included in the deductions to be made under this article, corporations carrying materials and supplies on hand for use should include in such expenses the charges for materials and supplies only to the amount that the same are actually disbursed and used in operation and maintenance during the year for which the return is made. Deductions, How Evidenced. — It is immaterial whether the deduc- tions are evidenced by actual disbursements in cash, or whether evi- denced in such other way as to be properly acknowledged by the cor- porate officers and so entered on the books as to constitute a liability against the assets of the corporation, joint-stock company, association, or insurance company making the return. Losses. — The deduction for losses must be in respect of losses actually sustained during the year and not compensated by insurance or otherwise. It must be based upon the difference between the cost value and salvage value of the property or assets, including in the latter value such amount, if any, as has in the current or previous years been set aside and deducted from gross income by way of depreciation as defined in the following section and not been paid out in making good such depreciation. Depreciation. — The deduction for depreciation should be the esti- mated amount of the loss, accrued during the year to which the return 122 HILLYER^S LEGAL MANUAL. relates, in the value of the property in respect of which such deduction is claimed that arises from exhaustion, wear and tear, or obsolescence out of the uses to which the property is put, and which loss has not been made good by payments for ordinary maintenance and repairs deducted under the heading of expenses of maintenance and operation or in the ascertainment of gross income. This estimate should be formed upon the assumed life of the property, its cost value, and its use. Expenses paid in any one year in making good exhaustion, wear and tear, or obsolescence in respect of which any deduction for depreciation is claimed must not be included in the deduction for expense of main- tenance and operation of the property or in the ascertainment of gross income, but must be made out of accumulative allowances deducted for depreciation in current and previous years. Inventories. — It will be noted that an inventory or its equivalent of materials, supplies, and merchandise on hand for use or sale at the close of each calendar year is essential in the case of certain corporations in order to determine the gross income, and in case of other corporations to determine their expenses of operation. Where such inventory or its equivalent was not taken at the close of the year 1908, a supplemental statement showing such inventory approximately must be submitted with the return on the regular form. Such supplemental statement shall be verified under oath by the treasurer or principal financial officer in submitting the same. Explanatory Note. — Where any item under any of the deductions is of an unusual nature a special explanatory note referring to such item shall be made and attached to the form at the appropriate place and made a part thereof by proper reference. Contents of Return. — Each return is required to set forth: (a) The total amount of the paid-up capital stock of such corpora- tions, joint-stock companies or associations, or insurance companies, out- standincr at the close of the year; (b) The total amount of bonded and other indebtedness of such cor- poration, joint-stock company or association, or insurance company, at the close of the year; (c) The gross amount of the income of such corporation, joint-stock company or association, or insurance company, received during the year from all sources, and if organized under the laws of a foreign country, the gross amount of its income received within the year from business transacted and capital invested within the United States and any of its territories, Alaska, and the District of Columbia. Such returns are also required to set forth the items claimed as de- ductions (Article 4), also the net income after such deductions have been made. Forms Prescribed. — Under the authority conferred by this act forms of return have been prescribed, in which the various items specified in the law are to be stated. Blank Forms. — Blank forms of this return will be mailed to col- lectors and should be furnished to every corporation, not expressly ex- EXCISE TAX REGULATIONS — ACT OF 1909. 123 cepted, on or before January 1, 1910, and on or before January Ist of each year thereafter. Failure on the part of any corporation, joint- stock company, association, or insurance company liable to this tax, to receive a blank form will not excuse it from making the return required by law, or relieve it from any penalties for failure to make the return in the prescribed time. Corporations not supplied with the proper forms for makinof the return should make application therefor to the collector of internal revenue in whose district is located its principal place of business. Each corporation should carefully prepare its return so as to fully and clearly set forth the data therein called for. Bookkeeping. — No particular system of bookkeeping or accounting will be required by the Department. However, the business transacted by corporations, joint-stock companies, associations, or insurance com- panies must be so recorded that each and every item therein set forth may be readily verified by an examination of the books and accounts, where such examination is deemed necessary. Calendar Year. — As the law specifically provides that the tax im- posed shall be computed on the net income during each ^'calendar year," returns of income based on any period other than the calendar year cannot be accepted. Newly Organized and Liquidating Corporation. — Corporations organized during the year or going into liquidation during the year should nevertheless render a sworn return on the prescribed form. Record of Returns. — Collectors will see that as soon as each return made by any corporation is received a record on Form 632 is made, setting out the name of the corporation making the return, the nature of the principal business transacted, the location of principal place of business, with net income reported, and the date on which such return was received. The date of receipt in each case will be noted in the last column of that form, in which column the list on which assessment is made Avill also be noted. For this purpose the column so used may be subdivided, or the date of receipt of such returns may be noted in red ink over the date entered therein as to such assessment list. Special Agents. — Any collector will, whenever it appears advisable to do so, request that a revenue agent be specially designated to collect and furnish this oiBce with such other data as, in his judgment, is neces- sary to determine the actual amount of tax to be assessed against any corporation, joint-stock company, or association which under the law set forth in these regulations is required to make return. Report of Noncompliances. — Such returns are required to be made not later than March 1st of each year, and any failure to comply with the law in this regard should be at once reported by the collector to the Com- missioner of Internal Revenue. Canvass of Districts. — To enable collectors to determine whether all returns due have been received, a careful canvass of each district should be made, and all corporations, joint-stock companies, and associations subject to the tax imposed should be listed as above directed. 124 hillyer's legal manual. Classification. — For statistical purposes all such corporations, joint- stock companies, and associations will be classified as follows: Class A: Financial and Commercial. — Including banks, banking as- sociations, trust companies, guaranty and surety companies, title insur- ance companies, building associations (if for profit), and insurance com- panies not specifically exempt. Class B : Piihlic Service. — Such as railroads, steamboat, ferryboat, and stage-line companies; pipe-line, gas, and electric light companies; ex- press, transportation, and storage companies; telegraph and telephone companies. Class C : Industrial and Manufacturing. — Such as mining, lumber, and coke companies; rolling-mills; foundry and machine-shops; saw- mills; flour, woolen, cotton, and other mills; manufacturers of cars, automobiles, elevators, agricultural implements, and all articles man- ufactured wholly or in part from metal, wood, or other material; manufacturers or refiners of sugar, molasses, syrups, or other products ; ice and refrigerating companies; slaughter-house, tannery, packing, or canning companies, etc. Class D : Mercantile. — Including all dealers -(not otherwise classed as producers or manufacturers) in coal, lumber, grain, produce, and all goods, wares, and merchandise. Class E : Miscellaneous. — Such as architects, contractors, hotel, theater, or other companies, or associations, not otherwise classed. When classified as above indicated the names of the various corpora- tions, companies, and associations will be listed alphabetically, and will be numbered consecutively (commencing with No. 1 in each class), and in forwarding returns or papers subsequently rendered or submitted by such corporations or companies collectors will see that the same have placed thereon the designating class letter and number corresponding with those noted on the lists herein required to be furnished. Assessment and Notice. — ^Upon the receipt and verification of the returns rendered, the tax as ascertained to be due will be assessed as above prescribed; and notice of such assessment will be given and sub- sequent demand made (if necessary) on Forms 17 and 21, respectively. In case of failure to make returns within the time and manner required by the statute, or where the return rendered is found or be- lieved to be incorrect, action in such cases will be taken, as provided in paragraph 4 of the law. The additional tax imposed by paragraph 5 of the law for failure to make the required return, or for making a false or fraudulent return, will in all cases be assessed as therein provided. Collection of Tax. — The tax assessed under the provisions of this act will be collected and will be receipted for on Form 1, as in the case of other assessed taxes. Unless paid within the time fixed by the stat- ute, notice and demand should be at once issued, and, in case of non- payment, distraint proceedings should be instituted without delay. SYNOPSIS OF DECISIONS — ACT OF 1909. 125 SYNOPSIS OF DECISIONS OF TREASURY DEPART- MENT RELATING TO SPECIAL EXCISE TAX ON CORPORATIONS. The Corporation Excise Tax of 1909 is re-enacted and modified by the Income Tax Law of 1913. The following synopsis of decisions of the Treasury Department under the old law is inserted as a guide to the rulings which will probably be made under the new law, in so far as it re-enacts the old: CLASS OF CORPORATIONS, ETC., SUBJECT TO TAX. 1. Tax Applies to All Corporations. — The tax imposed by the act applies to all corporations, joint-stock companies, and associations, and every insurance company except those specifically exempted, with- out reference to the kind of business carried on. 2. Return Though Net Income Less Than $5,000. — ^Every corpora- tion, etc., not specifically enumerated as exempt shall make the return required by law, although its net income during the year may not have exceeded $5,000. (Opin. Atty. Gen., Jan. 24, 1910.) 3. Exempt Corporations to Make Return. — Corporations claiming special exemption should nevertheless make return (in blank, if de- sired) accompanied by a statement setting forth the ground on which exemption is claimed. Failure to receive blanks upon which to make return is no excuse for delinquency in making return, as there is no duty imposed upon the Government to furnish corporations with such blanks. 4. Charitable Institutions Should File Return. — ^Charitable institu- tions supported by voluntary contributions or State appropriations are held to be exempt from the payment of the special excise tax on cor- porations, but should file a return in blank as provided in paragraph 3 hereof. 5. Corporations Organized or Liquidating Within Year. — Corpora- tions, etc., organized during the year or going into liquidation during the year should nevertheless render a sworn return on the prescribed form. The tax imposed, however, does not apply to corporations which went out of existence prior to the passage of the act (August 5, 1909). 6. Dissolved Company. — Where company has dissolved and the re- quired return is not made by its officers, such return will be prepared by commissioner. (T. D. 1736.) 7. Bankrupt Corporation. — ^Where corporation has gone into bank- ruptcy, returns in such cases to be made by trustee in bankruptcy. 8. Railroad Companies Operating Leased Lines. — Railroad com- panies operating leased or purchased lines to include all receipts de- rived therefrom, and if bonded indebtedness has been assumed may deduct interest thereon to an amount not exceeding its own paid-up 126 capital stock. If such subsidiary companies receive income in the way of rentals, etc., return to be also made by such companies. 9. Income of Domestic Corporations. — ^Corporations, etc., organized under the authority of the United States or any State or Territory thereof, or Alaska or the District of Columbia, to include in their re- turns not only the income derived from the business carried on within the confines of the United States, but income received from business transacted in any foreign country as well. 10. Subsidiary Companies. — Corporations having branch or sub- sidiary companies to include in their returns the income of all such companies when no distinction is made in operating and accounting by reason of the separate incorporation of such subsidiary companies: otherwise a return by each corporation should be made. 11. Foreign Companies Designate Principal Office, etc. — Foreign companies having several branch offices in the United States should each designate one of such branches as its principal office and should also designate the proper offices to make the required return. 12. Separate Returns by Consolidated Corporations. — Where a con- solidation of two or more corporations has been effected during the year, and each or any such corporation subsequent to such consolida- tion collects prior existing debts, each such corporation should make separate return and include therein all such collected debts, as also all income received during the year prior to the date of consolidation. 13. Principal Place of Business — ''Principal place of business" is held to mean the principal office where the company keeps its books from which the required return is to be prepared, and not necessarily the place where the operating plant is located. 14. Calendar Year. — As the law specifically provides that the tax imposed shall be computed on the net income during each calendar year, returns of income based on any period other than the calendar year cannot be accepted. 15. Paid-up Capital Stock. — Full amount of stock, as represented by the par value of the shares issued, to be regarded as the paid-up capital stock, except when such stock is assessable on account of deferred payments in which case the amount actually paid on such shares will constitute the actual paid-up capital stock of the corporation. 16. Preferred and Common Stock. — ^Capital stock held to include both preferred and common stock. 17. Surplus and Undivided Profits. — Surplus and undivided profits not to be included in capital stock. 18. Voting Trusts. — Holding companies known as ''voting trusts," receiving only dividends on stock held, and having no capital stock, etc., not liable. 19. Mutual Savings Banks. — Mutual savings banks having no capital stock not liable to tax imposed. (Opin. Atty. Gen., Feb. 14, 1910.) SYNOPSIS OF DECISIONS — ACT OF 1909. 127 20. Co-operative Dairies. — Co-operative dairies not issuing stock and allowing patrons dividends based on butter fat in milk furnished not liable. 21. Foreign Steamship Companies. — ^I'oreign steamship companies having no office in the United States, whose vessels only occasionally touch at ports in the United States, not regarded as doing business in this country within the meaning of the statute. 22. Companies Organized in Porto Rico. — Companies organized in Porto Rico and not engaged in business in the United States not sub- ject to tax. 23. Corporations Owning Plantations. — Corporations owning sugar or other plantations and disposing of the products thereof not entitled to exemption as agricultural organizations. 24. Corporations Organized to Sell Provisions. — Corporations or- ganized to sell provisions, etc., to stockholders and others not ex- empted. 25. Corporations Organized for Holding Real Estate. — Corporations organized for the purpose of holding real estate to make return of in- come derived from the property so held. 26. Final Return by Liquidating Corporation. — Corporations going into liquidation during any tax period may, at the time of such liqui- dation, prepare a "final return" covering the business done during the fractional part of the year during which they were engaged in business, and immediately file the same with the collector of the dis- trict in which the corporation has its principal place of business. 27. Hail, Storm and Lightning Companies. — Corporations organized for the purpose of insuring against death, or injury by accident, or against damage to property by hail, storm, or lightning, however maintained, are held to be insurance companies, and unless they may be properly classed as "fraternal beneficiary organizations operating under the lodge svstem," must make returns of annual net income. (T. D. 1738.) 28. Agricultural and Horticultural Associations. — Corporations en- gaged in agricultural or horticultural pursuits for profit are liable under the law to make returns and to pay the special excise tax there- by shown to be due. Agricultural and horticultural associations specifically enumerated as exempt are held to be such associations as county fairs or like organizations, not themselves engaged in such pur- suits, but which, by means of awards, etc., are intended to encourage better production, and no part of w^hose net income inures to the benefit of any private stockholder or individual. (T. D. 1737.) 29. Fruit Growers' Associations. — Fruit growers' associations whose purpose is to promote the mutual benefit of their members in growing, harvesting, and marketing their products, and w^hich are not organized for profit and have no capital stock represented by shares, and whose income is derived wholly from membership fees, dues, and assess- ments to meet necessary expenses, are not liable. 128 30. Corporations Growing Fruits, Vegetables, and Like Products. — Corporations engaged in growing fruits, vegetables, and like products for profit, and distributing such profits among their members on the basis of the capital invested, are liable and must make returns and pay taxes, if any are found to be due. (T. D. 1737.) 31. Associations or trusts voluntarily formed by parties at interest and not organized "under the laws of the United States or of any State or Territory thereof, or of the laws applicable to the District of Columbia or Alaska," are not corporations within the meaning and intent of the law, and are not liable. (U. S. Supreme Court opinion in Amory Eliot vs. James G. Freeman et al.. No. 448.) 32. National Banks. — National banks do not come within any of the exemptions named in the act. 33. Agricultural Organizations. — "Agricultural organizations" held not to come within the statutory exemption, unless their chief object is the promotion or advancement of agricultural interest, and no part of the net income inures to the benefit of their stockholders. 34. Mutual Hail Association. — Mutual hail association regarded as an insurance company and not as an agricultural association, and therefore liable to tax. 35. Mutual Fire Insurance Companies. — ^Exemption in favor of fra- ternal beneficiary associations does not apply to mutual fire insurance companies. 36. Limited Partnerships. — Limited partnerships, if organized for profit and having a capital stock represented by shares, although no ''certificates of stock" are issued, are liable to the tax imposed. (Opin. Atty. Gen., Feb. 14, 1910.) 37. Interest Received on Government Bonds. — Interest received on government bonds to be included in gross income. (Opin. Atty. Gen.. Jan. 13, 1910.) 38. Returns Verified by Two Officers — Agents for Foreign Steam- ship Companies. — Returns should be signed and verified by two of the officers designated in the law. Signing of one person holding two such offices not permitted. Agents for foreign steamship companies may sign the required returns, if so authorized by their companies. 39. Corporate Seal. — ^Returns not required to have corporate sea] affixed. 40. Returns Filed With Deputy Collector. — Returns filed wdth deputy collector regarded as having been filed with collector. 41. Protest. — No form of protest prescribed. Any form of protest sufficient if filed before payment of tax. Right of protest not to be denied. INVENTORIES, ACCOUNTS, ETC. 42. Supplemental Statement. — Where an inventory or its equiva- lent was not taken at the close of the year 1908, a supplemental state- ment showing such inventory approximately must be submitted with SYNOPSIS OF DECISIONS — ACT OF 1909. 129 the return on the regular form. Such supplemental statement shall be verified under oath by the treasurer or principal financial officer submitting the same. (T. D. 1578.) 43. Profits on Sale of Real Estate — Increase in Value of Unsold Property. — Profits realized on sale of real estate during the year, also increase in value of unsold property, if taken up on the books of the corporation, to be included in income. 44. Cost of Manufactured Articles. — Cost of manufactured articles, or articles in process of manufacture, held to include original cost of materials used plus cost of labor, etc. 45. Mortgaged Real Estate. — Mortgaged real estate should be inven- toried at its full value and amount of mortgage reported as indebted- ness. 46. Sale of Patent Rights. — Receipts from sale of patent rights to be included in income. 47. Bookkeeping. — No particular system of bookkeeping or account- ing will be required by the department. However, the business trans- acted by corporations, etc., must be so recorded that each and every item therein set forth may be readily verified by an examination of the books and accounts where such examination is deemed necessary. 48. Increase in Value of Assets. — Any increase in the value of the capital assets, as determined hy a physical revaluation and taken cognizance of by the corporation in book entries, is gain and must be accounted for as income for the year in which such increase is so recognized and recorded. DEDUCTIONS, EXPENSES, ETC. 49. Deduction, How Evidenced in Books. — It is immaterial whether the deductions are evidenced by actual disbursements in cash or whether evidenced in such other way as to be properly acknowledged by the corporate officers and so entered on the books as to constitute a lia' ility against the assets of the corporation, etc., making the return. 50. Mortgage Indebtedness. — Mortgage indebtedness on real estate, if assumed by the corporation acquiring such real estate, to be in- cluded in the indebtedness of the corporation. But if not so assumed and remains only as a lien on the property, interest paid thereon may be deducted as a charge "made as a condition to the continued use or possession of the property." (Opin. Atty. Gen., Feb. 21, 1910.) 51. Cost of Erecting Building. — Cost of erecting building, if in- cluded in lease under which property is held by company, is a proper deduction, to be prorated according to time fixed by lease. 52. General Expenses of Foreign Steamship Companies. — General expenses, such as coal, ship stores, etc., of foreign steamship com- panies, to be prorated as provided in act for interest deductions. 9 130 hillyer's legal manual. 53. Nursery Companies. — Amount received by nursery companies from sales of trees, etc., less amount expended for seedlings and young trees, to be included in gross income. Amount expended for labor, salesmen, etc., to be deducted as expenses. 54. Commissions. — Commissions allowed salesmen, paid in stock, may be deducted as expense if so charged on books. 55. Sales of Stock and Bonds. — Sales of stock and bonds are re- garded as sales of capital assets and should be so accounted for. (Art. 2, regs. 31.) But proceeds derived from sale of bonds used in defray- ing ordinary and necessary expenses are a proper deduction in deter- mining the company's net income. 56. Stock Issued — Notes Issued — Notes Paid. — Stock issued in pay- ment of property purchased represents capital investments and notes issued during the year represent indebtedness. Corporate funds ap- plied to the payment of outstanding notes not a proper deduction in ascertaining net income. 57. Additions and Betterments. — Amounts expended in additions and betterments w^hich constitute an increase in capital investment not a proper deduction. 58. Dividends Received. — Dividends received by corporations on stock of other corporations v^^hose net income does not exceed $5,000 is nevertheless a proper deduction under the law. (Opin. Atty. Gen., Jan. 24, 1910.) 59. Dividends Received on Stock of Foreign Corporations. — Divi- dends received on stock of foreign corporations not subject to tax not a proper deduction. 60. Dividends Paid Employees. — Dividends paid employees in lieu of wages not proper deduction as expenses. 61. Royalties on Patent Rights. — Royalties on patent rights to be reported as income. Allowance for depreciation of patents expiring during year, however, will be allowed. 62. Lands Bought Prior to January 1, 1909. — In the case of lands bought prior to January 1, 1909, and sold during any subsequent year, the profits arising from such sale, if no accounting of increased value of land was made in returns for previous years, should be prorated in accordance with the number of years the land was held by the corporation and the number of years the law was in effect. 63. Banks Paying Taxes Assessed Against Stockholders. — Banks paying taxes assessed against their stockholders because of their ownership of the shares of stock issued by such bank cannot deduct the amount of tax so paid in making their return for the special excise tax on corporations. 64. Pensions to Employees — Donations to Charitable Institutions. — Amounts paid for pensions to retired employees, or to their families or others dependent upon them, or on account of injuries received by employees, are proper deductions as '^ ordinary and necessary ex- SYNOPSIS OF DECISIONS — ACT OF 1909. 131 penses"; gifts or gratuities to employees in the service of a corpora- tion are not properly deductible in ascertaining net income. Dona- tions made for purposes connected with the operation of the property when limited to charitable institutions, hospitals, or educational insti- tutions, conducted for the benefit of its employees, or their depend- ents, shall be proper as a deduction under the same head. 65. Excessive Salaries. — Where allowances on account of salaries are deemed excessive and for the purpose of evading the tax due, investigation will be made, and if the facts warrant prosecution will follow. 66. Interest on Deposits. — Interest paid on time deposits and deposits subject to check constitutes a proper deduction from the amount of gross income during the year. 67. Interest on Portions of Bonded Indebtedness. — Interest on por- tions of bonded or other indebtedness bearing different rates of inter- est may be deduced from gross income during the year, provided the aggregate amount of such indebtedness does not exceed the paid-up capital stock of the corporation. 68. Interest on Notes Given Prior to January 1, 1909. — Interest paid during the year on notes given prior to January 1, 1909, to be pro- rated. But interest on notes given in 1909, and payable subsequent to December, 1909, unless charged on the company's books, is not a proper deduction from the income of that year. 69. Deductions Accruing Prior to January 1, 1909. — Interest, taxes, or other items allowable as deductions, accruing prior to January 1, 1909, are not allowable deductions from the gross income of years subsequent thereto. 70. Unearned Premiums. — Unearned premiums set aside by insur- ance companies as reserve not to be included as income until earned, unless the same shall be entered on the ledger as income during the year in which received. 71. Insurance Fund. — Funds set aside by company for insuring their own property not a proper deduction. 72. Interest on Government Bonds. — As the tax imposed is meas- ured by and is not a tax upon the net receipts of corporations, etc., interest received during the year on Government bonds is not a proper deduction from such income in determining the amount of tax due. (Opin. Atty. Gen., T. D. 1583.) 73. State, County, or Municipal Taxes.— State, county, or municipal taxes paid during the year a proper deduction in ascertaining the net income of corporations. 74. Import Duties or Taxes. — Import duties or taxes if included in arriving at cost of goods are not deductible under the head of taxes paid during the year. 75. Bad Debts. — Bad debts, if so charged off the company's books during the year, are proper deductions. But such debts, if subse- quently collected, must be treated as income. k 132 76. Net Addition to Reserves. — The net addition to reserves of insurance companies, required by law, may be based on the highest amount of reserves required by any State in which the insurance com- pany does business. (T. D. 1727.)^ 77. Reserves for Taxes. — Reserves for taxes cannot be allowed, as the law specifically provides that only such sums as are paid within the year for taxes can be deducted. (T. D. 1727.) 78. Bonds Purchased Above Par. — Where a corporation or insurance company holds bonds w^hich were purchased at a rate above par, and a proportionate deduction of the value of such bonds is made on its books each year so that the book value shall be the redemption value of the bonds when they become due and payable, the return of annual net income may show the depreciation on account of amortization of such bonds. (T. D. 1727.) 79. Dividends Declared by Insurance Companies. — Dividends de- clared by insurance companies are not deductible from gross income under the guise of rebates or otherwise, and such dividends when ap- plied to the payment of renewal premiums, or to shorten the endow- ment or premium-paying period, or applied to purchase paid-up addi- tions and annuities, must be considered and accounted for as income. (T. D. 1743.) 80. Rentals of Railroad Properties Paid Directly to Stockholders. — Railroad or other corporations which have leased their properties in consideration of a rental equivalent to a certain rate of interest on its outstanding capital stock and the interest on the bonded indebtedness, and such rental is paid by the lessee directly to the stock and bond holders, should, nevertheless, make a return of annual net income showing the rental so paid as having been received by the corporation. 81. Salaries Paid to Stockholder. — Salaries paid to an officer who is a stockholder, to constitute an allowable deduction, must be a reason- able and fair compensation for the services rendered, regardless of the amount of stock which such officer may hold, and must have been authorized by the board of directors and made a matter of record on the minute books of the corporation. 82. " Goodwill. ' ' — ''Goodwill" represents the value attached to a business over and above the value of the physical property, and is such an entirely intangible asset that no claim for depreciation in connec- tion therewith can be allowed. DEPRECIATION. 83. Depreciation must be Charged Off. — Depreciation to be an allow- able deduction in the return of annual net income of a corporation must be charged off on the ledger of the corporation, so as to show a reduction in the eapital assets of the corporation to the extent of the depreciation claimed. 84. Depreciation, How Based and Evidenced.— Deduction on account of depreciation of. property must be based on lifetime of property, its cost, value, and use, and must be evidenced by a ledger entry and a SYNOPSIS OF DECISIONS — ACT OF 1909. 133 like reduction in the plant and property account with respect to which the depreciation is claimed. 85. Stocks and Bonds. — In the case of corporations .owning stocks and bonds or other securities, if an annual adjustment of the value of such securities is made and the adjusted values made a matter of ledger entry, the appreciation of such securities as so entered must be ac- counted for as income, and the depreciation may be deducted from gross income. If no annual adjustment is made, and the securities are carried from year to year ais a permanent investment, there will be neither gain nor loss, as to the principal of such securities, until the same shall have been disposed of, when the gain or loss as compared with the original cost shall be prorated, and the amount of such gain or loss apportioned to the years since the incidence of the tax, to wit, January 1, 1909, shall be added to or deducted from the gross income of the year in which the securities were so disposed of. 86. Increase or Decrease in the Value of Real Estate. — Where in- crease or decrease during the year in the value of real estate acquired in previous years, sold or held for sale, is taken up on the books and the rate cannot be accurately determined with respect to individual years, such increase or decrease may be prorated as provided by regu- lations in cases of sale of capital assets. 87. Premiums on Stocks and Bonds. — Premiums on stocks and bonds arbitrarily charged off on the books of a corporation do not constitute a proper deduction on account of depreciation, unless there shall have been an actual shrinkage in value of such stocks and bonds to the extent of the deduction claimed during the year for which the return is made. 88. Net Income on Uncompleted Contracts. — Net income on uncom- pleted contracts may be estimated on the basis of the percentage of the work completed as compared with the contract price of the whole work. 89. Cost of Drilling Wells. — ^Cost of drilling new wells by oil corpo- rations is considered betterments and additions to the capital assets of the corporation. The expense of drilling dry wells may, however, be charged to profit and loss. 90. Discounts. — Discounts, other than bank discounts on notes exe- cuted by a corporation, should be segregated from the interest item on the return, and should be included under expenses, item 4. 91. Removal of Timber. — The mere removal of timber by cutting from timber lands, unless the timber is otherwise disposed of through sales or plant operations, is considered' simply a change in form of assets. If said timber is disposed of through sales or otherwise it is to be accounted for in accordance with regulations governing disposi- tion of capital and other assets. 92. Deduction, How Based. — Deduction on account of depreciation of property must be based on lifetime of property, its cost, value, and use. 93. Loss Due to Voluntary Removal of Buildings. — Loss due to vol- untary removal of buildings, etc., incident to improvements is either 134 hillyer's legal manual. a proper charge to the eost of the new additions or to depreciation already provided, as the facts may indicate, but in no case is it a proper deduction in d^ermining net income, except as it may be reflected in the reasonable amount allowable as a deduction for depreciation. 94. Depreciation of Company's Stock. — Depreciation of company's stock a loss to the stockholders, but not a loss to the company issuing the same, and therefore not a proper deduction. PUBLICITY. 95. Trustee is a Stockholder. — A person who as trustee or in any other fiduciary relation has the ownership or possessory right to stock in a corporation is a stockholder in such corporation within the equity of the rule set down in Treasury Decision No. 1665, governing the pub- licity of returns. (Opin. Atty. Gen., Dec. 27, 1910.) DEPRECIATION IN COALS, MINERALS, ETC. 96. Two Classes of Gains or Losses, — In case of corporations whose business consists in part or wholly of mining, producing, and dispos- ing of deposits of nature (ores, coals, and sundry minerals) the con- duct of such business will be understood to comprehend two classes of gains or losses, viz. : (a) The gain or loss resulting from the sale of capital assets, i. e., either the increment, or the loss, arising through possessing over a period of time the investment in the same. (h) The trading or commercial gain attached to the conduct of the industry, the employment of working capital, the effort and risk in- volved. 97. Exhaustion of Deposits and Depreciation of Improvements. — In the ascertainment of net income deduction will be allowed for depreci- ation arising from exhaustion of deposits of ore, mineral, etc., and for depreciation and obsolescence of improvements, in accordance with general regulations respecting depreciation allowances, on the basis of the original capital investment cost of the properties concerned to the company reporting. 98. Unearned Increment. — ^A further deduction will also be allowed, through not including the same at all in the item of gross income (item 3, Form 637), for the unearned increment represented in such proper- ties as at January 1, 1909, which will be determined in general as fol- lows : 99. Estimate as of January 1, 1909. — An estimate should be made as of January 1, 1909, of the fair market value at that date of the min- erals, etc., in deposit. This estimate should be formed on the basis of the disposal value of the minerals iti total and exclusive of value of improvements and development work. This valuation should also be reduced to a unit value — ^per ton, pound, etc. NOTE. — Values, as aforesaid, should not be estimated on the basis of the assumed salable value of the output under current operative conditions, less the actual cost of production,, because, as hereinbefore stated, the selling price under I SYNOPSIS OF DECISIONS — ACT OF 1909. 135 ch conditions comprehends a profit both for carrying the investment in coals, c, improvements and working capital, and for conducting operations in respect production and disposal of product. The value to be determined as stated must I on the basis of the salable value en bloc of the entire deposit of minerals and I mineralized property owned, exclusive of improvements and development work, if the same were disposed of in that form. 100. Unit Value. — The unit value as of January 1, 1909, ascertained as above outlined, would indicate the value to be attached at that date to the capital assets disposed of during any calendar year suceeeding-. The amount 'claimed as a deduction from gross income on account of un- earned increment shall be shown separately in the deductions from gross income in the return of annual net income. 101. Manner of Making Estimate. — The precise detailed manner in which the estimate of value of minerals, etc., as at January 1, 1909, shall be formed, must naturally be determined by each corporation interested. Every corporation claiming and making a deduction for unearned in- crement, as provided in section 100 preceding, shall maintain an offi- cial book record of the properties owned by it in connection with which unearned increment is claimed, and which record shall show the gen- eral ledger or general balance sheet value thereof, together with the estimated amount of appreciated value in such properties in excess of general balance sheet values, as of January 1, 1909, together with all evidence and information on basis of which such appreciated value was formed. This estimate must be formed on the lines and basis indi- cated in the "note," section 99, namely, the salable value of the entire deposit considered en hloc. This record should also present clearly and fully the transactions during each year in respect of quantities of min- erals disposed of and for which deductions are made respectively for depreciation and unearned increment, together with the amount thereof. No deduction for unearned increment will he allowed unless the afore- said record is kept, nor unless the evidence as to the estimates of quan- tity of minerals in deposit and the valimtion thereof are accepted hy the department. Values determined and recorded as of January 1, 1909, as aforesaid, should be used in the compilation of all subsequent years' excise tax returns. In case it subsequently develops the property possesses a greater quantity of mineral, etc., reserve than was in the aggregate estimated as of January 1, 1909, only such an amount of aggregate value can be assigned to such excess mineral tonnage as of January 1, 1909, as it was at said date estimated by the company attached to the property and was not assigned by it, as hereinbefore provided, to the specified tonnage in the property. 102. Memorandum Setting Forth Unearned Increment Realized. — Each excise tax return (Form 637) should be accompanied wdth memo- randum setting forth the extent in amount of the exclusion made from the item gross income for unearned increment realized during the year, as above outlined. 103. Amount to be Deducted for Depletion of Deposits.— As to the amount to be deducted for depletion of deposits (Regulation No. 101) is 136 to be formed on basis of the estimated reserve of minerals, etc., it follows that if it develops such estimate is understated, the cost investment and estimated unearned increment in the capital asset may be wholly extinguished before all mineral reserves are removed. When this is reached, further deductions for exhaustion of minerals should be dis- continued. 104. Royalties on Minerals. — In case of corporations leasing mines and paying royalties on minerals, etc., removed, the royalties paid are to be treated as expenses and deducted in ascertaining net income, as provided in general regulations. Any leasehold investment which the operating corporation may have in such properties, either through a payment originally made for acquirement thereof or for improvements made upon the property, to be accounted for in accordance with regu- lations governing depreciation allowances and disposition of capital assets. 105. Properties Acquired After January 1, 1909. — In respect to prop- erties of the character in question which may be acquired by a corpo- ration after January 1, 1909, a deduction will be allowed only as to depreciation arising from exhaustion based on original cost ; no exclu- sion from gross income can be made for unearned increment, as profit arising in sale of such capital assets applies wholly to the period sub- sequent to January 1, 1909. DEPLETION OF OIL PROPERTIES. Regulations to Govern the Ascertainment of the Rate of Depletion of Deposits and the Return of Cash Investment to Corporations With Respect to Petroleum-producing Properties. Item 80 of T. D. 1675 is hereby amended by striking out the paren- thetical word ''petroleum," and the following regulation to govern the rate of return of capital invested on the basis of the rate of deple- tion of oil-producing properties in making return of annual net income for the special excise tax on corporations is issued in lieu thereof: 1. Two Classes of Grains or Losses. — In the case of corporations whose business consists of producing and disposing of crude petroleum, the conduct of such business will be understood to comprehend two classes of gains or losses, viz. : (a) The gain or loss resulting from the sale of capital assets — i. e., either the increment or the loss arising through possessing over a period of time the investment in the same. (&) The trading or commercial gain attached to the conduct of the industry, the employment of working capital, and the effort and risk involved. 2. Depreciation Arising from Exhaustion. — In the ascertainment of net income deduction will be allowed for depreciation arising from exhaustion of deposits and for depreciation and obsolescence of im- provements in accordance with the general regulations respecting de- preciation allowances, on the basis of the original capital investment DEPLETION OF OIL PROPERTIES. 137 cost, reduced to a cash basis of the properties concerned to the com- pany reporting. Claims for depreciation on account of depletion of deposits based on any values other than the cost of the property in cash or cash values (including cost of development) will not be con- siidered. 3. Average Value Per Barrel. — In all producing oil fields an average value per barrel of the settled daily production shall be adopted as the guide in determining the value of the property, and the following method in depreciating said values is recommended: Valuation Per Barrel, How Fixed. — Each corporation will fix this valuation per barrel as of January 1, 1909, or upon the date of com- mencement of production, if after that date, for ascertaining the de- ductions for depreciation on the basis of depletion of deposits. This valuation per barrel should be based on the cost of the property to the corporation plus the cost of the development thereof, with a proper deduction from that valuation for the number of years the property has been in operation, and the resulting proportioned decrease in daily production of oil. With this b'asis per barrel fixed as of January 1, 1909, or at the date of commencement of production, if after January 1, 1909, the value of the property as a whole is to be determined by applying his unit value per barrel to the daily average production for the month of December, or other representative month, in the year for which the return is made. The representative month chosen shall be the same in each year. This unit valuation per barrel is to be retained in arriving at all future depreciation deductions, except where an additional production is secured by drilling or an additional pro- duction is acquired by purchases, in which cases a new average rate per barrel based upon the actual cash invested in such development, or in the new properties and their development, may be adopted. The amount of income each year to be applied to the return of the cash investment shall be ascertained by multiplying the unit valuation as- certained as required above by the difference between the daily aver- age production in barrels during the representative month of each year. The product of such multiplication will be the amount deduct- ible from gross income on account of return of cash investment based upon the rate of depletion of deposits. 4. Cost of Drilling. — The cost of drilling and equipping new produc- ing wells shall be considered additions to capital investment account; the expense of drilling dry holes may be charged to profit and loss. 5. Amount of Petroleum Produced. — The amount of petroleum pro- duced and sold during the year or the price received for the same will not, so far as the application of this regulation to determine deprecia- tion is concerned, affect the value of the property at the end of the year, which value is based only on the comparative rate of decrease in production in accordance with the stand-ard unit value ascertained as stated above. 6. Memorandum. — Each excise tax return should be accompanied with a memorandum showing how the standard unit valuation was 138 HILLYER^S LEGAL MANUAL. arrived at, i. e., the valuation of the producing property as of January 1, 1909, or at the commencement of development, if after that date, and such additional investment in development as may have been made during the year, together with the daily average yield for each month of the year, or for each month since the commencement of operation, if subsequent to January 1, 1909. 7. Cost of the Leasehold Interest. — Where properties are operated upon lease, the cost of the leasehold interest, plus the cost of develop- ment, shall be the basis for determining the unit valuation for the purpose of providing for the deduction from gross income of the re- turnable cash investment. 8. Entries on the Books. — All depreciation deductions from the net income return must be evidenced by proper entries on the books of the corporation reporting, so as to show a reduction in the capital as- sets equal to the cash investment returned, as provided above, out of gross income. NOTE. — It will be apparent that by following the plan suggested, the value of the producing property appearing in the capital assets of the company will be automatically and wholly extinguished coincident with the complete exhaustion of the product, with the exception of such salvage as may remain after said ex- haustion. DEPLETION OF NATURAL GAS PROPERTY. Regulation to Govern the Ascertainment of the Rate of Depletion of Deposits and the Return of Cash Investment to Corporations With Respect to Natural G-as-producing Properties. Item 80 of T. D. 1675 is hereby amended by striking out the paren- thetical word ''gas," and the following regulation to govern the return of capital invested in gas-producing properties on the basis of the rate of depletion of deposits in making return of annual net income for the special excise tax on corporations is issued in lieu thereof: 1. Two Classes of Gains or Losses. — In case of corporations whose business consists of either producing, selling, transporting, or distribut- ing natural gas, the conduct of such business will be understood to comprehend two classes of gains or losses, viz.: (a) The gain or loss resulting from the sale of capital assets — i. e., either the increment or the loss arising through possessing over a period of time the investment in the same; (h) the trading or commercial gain attached to the con- duct of the industry, the employment of working capital, the effort and risk involved. 2. Depreciation of Investment in the Field. — In the ascertainment of net income, deductions will be allowed for depreciation of investment in the field and main lines of such corporations on the basis of exhaus- tion of deposits. Claims for depreciation on account of depletion or depreciation in accordance with the regulations based on any value other than the cost of the property plus the cost of development will not be allowed. DEPLETION OF NATUKAL GAS PROPERTY. 139 3. Gauging Depreciation. — For the purpose of enabling corporations engaged in the production and transportation of natural gas to prop- erly gauge depreciation of investment in the field and main line divi- sions on account of depletion to be deducted each year in making their annual return of net income, the following methods are recommended : First. Producing Gas Area Laid Off. — That the producing gas area of said company be laid off in squares not exceeding one square mile, and that three months prior to September 30tb of each year, one or more representative wells be shut in in each square or territory, and that as of September 3'Oth an accurate gauge be taken of the rock pres- sure of said wells, and the decline in the average rock pressure from year to year shall be considered as the base of determining the exhaus- tion of deposit. For instance, a corporation may have eighty square miles of territory and the average rock pressure September 30, 1909, may have been six hundred pounds per square inch. On September 30, 1910, the average rock pressure may have been five hundred and forty pounds, or a decline of ten per cent, and this percentage is to be ap- plied as a basis of depreciation for the year 1910 on the cost of the field and main line divisions, less depreciation charged off prior to that date and any salvage value that may remain in the property. 8eco7id. ^^ Volume Basis.'' — If by reason of lack of area or for any other good and sufficient reason any corporation engaged in the pro- duction of gas s-hall prefer the "volume basis" as more aar required by the State board of equalization, report to said board upon such forms as may be prescribed by said board the valuation placed by him upon the prop- erty of any company subject to an assessment upon its franchise under the provisions of this act. Arbitrary Assessment in Case of Failure or Refusal to Report.— If any company mentioned in section 1 of this act shall fail or refuse to furnish to the State board of equalization within the time prescribed in this act the verified report provided for in this act, the State board of equalization must note such failure or refusal in the record of assess- ments for State taxes hereinafter in this act provided for, and must make an estimate of the amount of the gross receipts, gross premiums, value of the shares of capital stock, or value of the franchises, of such company and must assess the same at the amount thus estimated, which assessment shall be the assessment upon which the taxes upon the property or franchise of the company for such year shall be levied and collected as provided for in this act. And if in the succeeding year any such company shall again fail or refuse to furnish the verified re- port required by this act, the State board shall make an estimate of the amount of the gross receipts, gross premiums, value of the shares of capital stock, or value of the franchise of such company, which estimate shall not be less than twice the amount of the estimate made by said board in the previous year, and shall note such failure or re- fusal as above provided, and the said estimate so made shall be the as- sessment upon which the taxes upon the property or franchise of the company for such year shall be levied and collected as provided for in this act. In case of each succeeding consecutive failure or refusal the said board shall follow the same procedure until a true statement shall be furnished. Penalty for Failure or Refusal to Report. — Any company failing or refusing to make and furnish any report prescribed in this act or renderinsT a false or fraudulent report shall be guilty of a misdemeanor 11 162 HILLYER^S LEGAL MANUAL. and subject to a fine of not less than three hundred dollars and not exceeding five thousand dollars for each such offense. Penalty for False Report. — Any person required to make, render, siirn, or verify any report, who makes any false or fraudulent report, with intent to diefeat or evade the assessment required by this act to be made, shall be guilty of a misdemeanor, and shall for each such offense be fined not less than three hundred dollars and not more than five thousand dollars, or be imprisoned not exceeding one year in the county jail of the county where said report was verified, or be subject to both said fine and imprisonment, at the discretion of the court. Extension of Time for Filing Report. — The State board of equaliza- tion may, for good cause shown, by order entered upon its minutes, ex- tend for not exceeding thirty days, the time fixed in this act for filing any report herein provided for; provided, however, that for the year one thousand nine hundred and eleven the said board may extend the period herein mentioned for not exceeding sixty days. State Board to Meet for Assessment. — The State board of equaliza- tion must meet at the State capitol on the first Monday in March in each year, and continue in open session from day to day, Sundays and holidays excepted, until the first Monday in July. Betw^een the first Monday in March and the third Monday before the first Monday in July the board must assess and levy the taxes as and in the manner provided for in this act and in section 14 of article 13 of the constitu- tion of this State. Assessments, How Made. — The assessments must be made to the company, person, or association owning or operating the property sub- ject to said tax, or, in the case of banks, banking associations, savings and loan societies and trust companies, to the stockholders therein. Banks in Liquidation. — Provided, however, that in the case of banks in liquidation the assessment shall be made to the receiver, trustee or officer in charge of such liquidation, as the case may be, as the repre- sentative of the stockholders thereof. If the name of the owner is un- known to the board, such assessment must be made to unknown owners. Clerical errors occurring or appearing in the name of any company, person, association, or stockholder whose property is cor- rectly assessed, or in the making, or extension of any assessment upon the records of the State board of equalization, which do not affect the substantial rights of the taxpayer, shall not invalidate the assessment. Bank Waiver of Assessment to Individual Stockholders.— Provided, however, that if any bank shall by resolution of its board of directors, request the State board of equalization to assess to and in the name of such bank so requesting, the entire taxable value of all the shares of the capital stock of such bank, as determined by said State board, instead of assessing such shares to and in the name of the individual stockholders or shareholders owning the same, and if such bank shall promise that it will, upon being notified by said State board, of such assessment thereof to said bank, and of the amount of taxes to be paid upon such assessment, pay such taxes at the times when taxes assessed and levied under this act are due and payable, which request TAXATION FOR STATE PURPOSES. 163 to assess said bank and promise to pay said tax shall be in substan- tially the following form: Form of Waiver. — The State board of equalization is hereby in- structed to assess in the name of this bank and not to the individual stockholders or shareholders therein, the taxable value of all the shares of capital stock in this bank and such bank hereby promises to pay to the State treasurer the amount of the tax levied upon such assess- ment when such taxes are due and payable under the laws of this State. By (here insert title of official signing.) Enforcement Against Bank. — Then the State board may assess the capital stock to and in the name of such bank and said promise to pay the taxes shall be binding upon such bank and collection of such taxes from such bank may be enforced in the manner and by the same method as is provided for the collection of other taxes assessed and levied under this act. Board to Publish Notice of Completion of Assessment. — On the third Monday before the first Monday in July the said board shall publish a notice in one daily newspaper of general circulation published at the State capitol, in one daily newspaper of general circulation pub- lished in the city and county of San Francisco, and in one daily news- paper of general circulation published in the city of Los Angeles, that the assessment of property for State taxes has been completed, and that the record of assessments for state taxes will be delivered to the controller on the first Monday in July, and that if any company, per- son, or association is dissatisfied with the assessment made by the board, it may, at any time before the taxes thereon shall become due and payable, apply to the board to have the same corrected in any particular. Correction of Assessments. — The board shall have power at any time on or before the first Monday in July to correct the record of assessments for State taxes and may increase or decrease any assess- ment therein if in its judgment the evidence presented or obtained warrants such action. Record of Assessments for State Taxes. — The State board of equal- ization must prepare each year a book, in one or more volumes, to be called the ''record of assessments for State taxes," in which must be entered, either in writing or printing, or by both writing and printing, each assessment and levy made by said board upon the property and franchises mentioned in section 1 of this act, describing the property assessed, and such assessments shall be classified and entered, in such separate parts of said record as the board shall prescribe. Certifying to Assessment-roll. — On the first IMonday in July the secretary of the State board of equalization must deliver to the con- troller of State the record of assessments for State taxes, certified to by the chairman and secretary of the board, w^hich certificate shall be substantially as follows : "We, , chairman, and , secretary, of the State board of equalization of the State of California rto hereby certity that between the first Monday in March and the first 164 hillyer's legal manual. Monday in July, 19 , the State board of equalization made diligent inquiry and examination to ascertain all property and companies sub- ject to assessment and taxation for State purposes, as required by the constitution of this State; that said board has faithfully complied with all the duties imposed upon it by the constitution and laws of the, State of California; that said board has not imposed any unjust or double assessment throue:h malice or ill-will, or otherwise; nor allowed any company or property to escape a just assessment through favor or reward or otherwise." Failure to Certify to Record of Assessments. — But the failure to sub- scribe such certificate to such record of assessments for State taxes, or any certificate, shall not in any manner affect the validity of any as- sessment. Such record of assessments shall constitute the warrant for the controller to collect the taxes assessed and levied upon the prop- erty and franchises mentioned in section 1 of this act. Taxes, When Due and When Delinquent. — The taxes assessed and levied as provided in section 14 of article 13' of the constitution of this State, and in and by the provisions of this act, shall be due and pay- able on the first Monday in July of each year, and one-half thereof shall be delinquent on the sixth Monday after said first Monday in July at 6 o'clock P. M., and unless paid prior thereto, fifteen per cent shall be added to the amount thereof, and unless paid prior to the first Monday in February next thereafter at 6 o'clock P. M., an addi- tional five per cent shall be added to the amount thereof; and the un- paid portion, or the remaining one-half of said taxes shall become delinquent on the first Monday in February next succeedinor the day upon which they became due and payable, at 6 o'clock P. M. ; and if not paid prior thereto five per cent shall be added to the amount thereof; provided, that all taxes provided for or levied under this act which are not fully secured by real property are due and payable at the time the assessment is made. Taxes not Secured by Real Estate may be Collected on Assess- ment. — When in the opinion of the State board of equalization any of the taxes provided for in this section are not a lien upon real property sufficient to secure the payment of the taxes, said board may direct the controller, or his duly authorized representative, to collect the same at any time before the first Monday in August thereafter, and the controller may collect the taxes by seizure and sale of any property owned by the company against whom the tax is assessed. Sale of Property for Taxes. — ^The sale of any property so seized shall be made at public auction and of a sufficient amount of the property to pay the taxes, penalties and costs, and be made after one week's notice of the time and place of such sale given by publication in a newspaper of general circulation published in the county where the property seized is situate, or if there be no newspaper of general circulation published in such county, then by posting of such notice in three public places in such county. Contents of Notice. — Said notice shall contain a description of the property to be sold together with a statement of the amount of the taxes, penalties and costs due thereon and the name of the owner TAXATION FOR STATE PURPOSES. 165 of said property and a further statement that unless the taxes, pen- alties and costs are paid on or before the day fixed in said notice for such sale of said property, or so much thereof as may be necessary to pay said taxes, penalties and costs, said property will be sold in ac- cordance with law and said notice. Bill of Sale and Disposition of Residue of Property. — On payment of the price bid for any property sold, the delivery thereof with bill of sale executed by the controller vests the title in the purchaser. The un- sold portion of any property so seized, may be left at the place of sale at the risk of the owner. All the proceeds of any such sale in excess of the taxes, penalties, and costs, must be returned to the owner of the property sold, and until claimed must be deposited in the State treasury subject to the order of the owner thereof, his heirs or assigns. Controller to Publish Notice When Taxes are Due. — Within ten days after the receipt of the record of assessments for State taxes, the con- troller must begin the publication of a notice to appear daily for two weeks, in one daily newspaper of general circulation published at the State capital, in one daily newspaper of general circulation published in the city and county of San Francisco, and in one daily newspaper of general circulation published in the city of Los Angeles, specifying: Contents of Above Notice. — 1. That he has received from the State board of equalization the record of assessments for State taxes. 2. That the taxes therein assessed are due and payable on the first Monday in July and that one-half thereof will be delinquent on the sixth Monday after the first Monday in July at 6 o'clock P. M., and that unless paid to the State treasurer at the capitol prior thereto, fif- teen per cent will be added to the amount thereof, and unless paid prior to the first Monday in February next thereafter at 6 o'clock P. M., an additional five per cent will be added to the amount thereof; and that the remaining one-half of said taxes will become delinquent on the first Monday in February next succeeding the day upon which they became due and payable, at 6 o'clock P. M.; and if not paid to the State treasurer at the' capitol prior thereto, five per cent will be added to the amount thereof. Taxes a Lien. — The taxes levied under the provisions of this act shall constitute a lien upon all the property and franchises of every kind and nature belonging to the companies subject to taxation for State purposes, which lien shall attach on the first Monday in March of each year. Tax has Effect of a Judgment. — Every tax herein provided for has the effect of a judgment against the company, and every lien created by this act has the effect of an execution duly levied against all prop- erty of the delinquent; the judgment is not satisfied nor the lien re- moved until such taxes, penalties, and costs are paid, or the property sold for the payment thereof. Bankruptcy and Dissolution. — No final discharge in bankruptcy or decree of dissolution shall be made and entered by any court until all taxes, penalties, and costs due on assessments made under the pro- visions of this act shall have been paid and discharged. 166 Taxes to be Paid to State Treasurer. — All taxes assessed and levied as provided in this act shall be paid to the State treasurer, upon the order of the controller, without deduction for any taxes assessed and levied to pay the principal and interests of any bonded indebtedness mentioned in subdivision (e) of section 14 of article 13 of the con- stitution of this State, and the amount due to the cities, cities and counties, counties, towns, townships, and districts on account of said taxes assessed and levied for such bonded indebtedness shall be paid to said cities, cities and counties, counties, towns, townships, or dis- tricts in the manner hereinafter in this act provided. The controller must mark the date of payment of any tax on the record of assess- ments for State taxes. Controller to Receipt for Taxes. — ^He must give a receipt to the per- son paying any tax, or any part of any tax, specifying the amount of the assessment and the tax, or part of tax, paid, and the amount remaining unpaid, if any, w^ith a description of the property assessed ; provided, that the receipt for the second half of the taxes may refer, by number or in any other intelligible manner, to the receipt given for the first half of said taxes, in lieu of a description of the property assessed. Taxes Erroneously Collected. — Whenever any taxes, penalties, or costs collected and paid to the State treasurer under the provisions of this act, shall have been paid more than once, or shall have been erroneously or illegally collected, or when any taxes shall have been collected and paid pursuant to this act upon a computation erroneously made by reason of clerical mistake of the officers or employees of the State board of equalization, or shall have been computed in a manner contrary to law, the State board of equalization shall certify to the State board of control the amount of such taxes, penalties, or costs, collected in excess of what was legally due, from whom they were collected, or by whom paid, and if approved by said board of control, the same shall be credited to the company or person to whom it right- fully belongs, at the time of the next payment of taxes. Limitation of Time. — No claim for such credit shall be so audited, approved, allowed, or paid unless presented within one year after the payment sought to be refunded. Cancellation of Erroneous Assessment. — In case the assessment of any property or any company is duplicated upon the State assessment- roll, or there appears thereon the assessment of any company whose charter has been forfeited or right to do business in this State has been forfeited, or the assessment of any company which, for any reason, could not be legally assessed, the State board of equalization or the controller shall certify such fact to the State board of control and said board of control shall authorize the cancellation of such assessment. Protest of Taxes. — Any company, person or association claiming and protesting as herein provided that the assessment made against him or it by the State board of equalization is void in whole or in part may bring an action against the State treasurer for the recovery of the whole or any part of such tax, penalties or costs paid on such assess- ment upon the grounds stated in such protest, but no such action TAXATION FOR STATE PURPOSES. 167 may be brought later than the third Monday in February next follow- ing the day on which the taxes were due, nor unless such company, person or association shall have filed with the State controller at the time of payment of such taxes a written protest stating whether the whole assessment is claimed to be void, or if a part only, what part, and the grounds upon which such claim is founded ; and when so paid under protest the payment shall in no case be regarded as voluntary. Action to Recover Taxes. — Whenever under the provisions of this section an action is commenced against the State treasurer, a copy of the complaint and of the summons must T)e served upon the treas- urer, or his deputy. At the time the treasurer demurs or answers, he may demand that the action be tried in the superior court of the county of Sacramento, which demand must be granted. The Attorney General must defend the action. The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials, and appeals are ap- plicable to the proceedings herein provided for. A failure to begin such action within the time herein specified shall be a bar against the recovery of such taxes. Rendition of Judgment. — In any such action the court shall have power to render judgment for plaintiff for any part or portion of the tax, penalties or costs found to be void and so paid by plaintiff upon such assessment. Reassessment Provisions. — 1. Every assessment of property made after November 8, 1910, under the provisions of section 14, article 13, of the constitution and the provision of this act w^hich is, or may here- after be adjudged to be invalid by reason of any illegality, invalidity, or irregularity, declared or existing, in the assessment of such prop- erty, or in the mode provided for the assessment thereof, shall be re- made and the property reassessed and equalized for each year for which such assessment is invalid as aforesaid, and for the year for which the assessment of such property was invalid as aforesaid. Hew Made. — And such reassessment and equalization shall be made by the same officers and boards, at the same time or times, as are pre- scribed by law for the assessment and equalization of property, of the same classes or kinds as the property which hereby is required to be reassessed. How Entered. — The assessment and equalized assessment of such property shall be entered on the several assessment-rolls or books in the same manner that assessments of such property are or were required by law to be entered for the year or years for which such reassessments shall be made. Levy of Tax. — And there is hereby levied for State purposes the same rates of taxation for each of such respective years as were levied upon such property for each of said years for said state purposes. Procedure. — 2. All property authorized to be reassessed by this act shall be reassessed and equalized by the proper officers and boards at the value to which and to the person or corporation to whom or to which such property ought, for each of such years, to have been as- sessed, under such rules of notice and at the times and in the modes 168 hillyer's legal manual. as are prescribed for the assessment and equalization of like classes of property. Levy BJid Collection of Tax. — And the assessment and equalization thereof, and the levy and collection of taxes thereunder, shall be made by the proper officers at the time, upon like notice and in the manner now or hereafter provided by law for making assessments and equal- izing the same, and for the levy and collection of taxes on like classes of property. _ Delinquent Penalties — Credits Allowed. — And if the taxes so relevied shall become delinquent, there shall be added thereto and the amount thereof the same percentage as a penalty for such delinquency as is added to other delinquent taxes on like classes of property ; and such delinquent taxes and penalties added thereto shall be collected by the proper officers in the manner now or hereafter provided by law for the collection of de- linquent taxes and penalties upon like classes of property, the col- lectors of such taxes to allow as credits thereon all payments thereto- fore made on the tax as first levied. Limitation as to Actions. — 3. There shall be no limitation or limitations as to the time in which actions for the collections of taxes levied under this section may be commenced, and all the provisions of law now or here- after provided in respect to assessments, equalization, levy, and collec- tion of taxes shall, where applicable, apply to reassessments, equaliza- tion, and relevies and collections of taxes made under the provisions of this act. Controller to Send Notice of Delinquent Taxes. — Within ten days after the first Monday in February, the controller shall send by mail to the last known address of any company whose taxes are delinquent a notice of the amount of said taxes, penalties, and costs, and that if the said taxes, penalties, and costs are not paid on or before the Satur- day preceding the first Monday in March next thereafter at 6 o'clock P. M. of said day, the delinquent company if it be a domestic corpora- tion will forfeit its charter to the State, and that if the delinquent com- pany be a foreign corporation it will forfeit its right to do business in this State. Charter Forfeited for Delinquent Taxes. — If the taxes, penalties, and costs are not paid within the time specified in said notice, the con- troller shall, on said Saturday preceding the first Monday in March at 6 'clock P. M., of said day, mark on the record of assessments for State taxes opposite the assessment of the delinquent company the words ''charter forfeited to the State," if the delinquent company be a domestic corporation, and thereupon said charter shall be so for- feited, and if the delinquent company be a foreign corporation the words ''right to do business forfeited" and thereupon said right to do business shall be so forfeited. He shall at once report to the Secretary of State the name and number of charter of each corporation whose charter or right to do business has been forfeited for nonpayment of taxes, and the Secretary of State shall at once report the same to the Governor. Governor to Proclaim Forfeitures. — The governor shall forthwith issue his proclamation, declaring that the charters of such domestic TAXATION FOR STATE PURPOSES. 169 corporations have been forfeited and the right of such foreign cor- porations to do business in this State has been forfeited. Said proclamation shall be filed immediately in the office of the Secretary of State. Publication of Forfeiture List. — And immediately thereafter a copy of said proclamation shall be published in the manner provided by law in one issue of one daily newspaper of general circulation published at the State capital, of one daily newspaper of general circulation pub- lished in the city and county of San Francisco, and of one daily news- paper of general circulation published in the city of Los Angeles. The Secretary of the State shall thereupon transmit a certified copy of the proclamation to each county clerk in this State, who shall file the same in his office. Relief from Forfeiture. — Any such corporation making subsequent payment of all taxes, penalties, and costs due the State, and in addition thereto an amount equal to the taxes levied under this act for the year in which such forfeiture occurred, for each year subsequent to such forfeiture and to the time of such redemption, shall be relieved of such forfeiture. Duty of Controller and Secretary of State.— And the controller shall notify the Secretary of State thereof, and the Secretary of State shall annually on the first Monday in April transmit to the county clerk of each county in this State a list of the corporations so paying, and which have been relieved of such forfeiture, which list shall be by said county clerk filed in his office; provided, the rehabilitation of a cor- poration under the provisions of this act shall be without prejudice to any action, defense or right which accrued by reason of the original forfeiture ; and provided, that in case the name of any corporation which has suffered the forfeiture prescribed in this act, or a name so closely resembling the name of such corporation as will tend to de- ceive, has been adopted by any other corporation since the date of said forfeiture, then said corporation having suffered such forfeiture shall be relieved therefrom pursuant to the terms of this section 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 per- mitting such corporation to be revived or carry on any business under its former name. Resumption of Former Name, When Permitted. — And such corpora- tion shall have the right to use its former name or take such new name only upon filing and 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 of such corporation to take such new name or use its former name, as the case may be ; provided, however, that the Secretary of State shall not issue any certificate per- mitting any corporation to take or use the name of any corporation heretofore organized in this State, and which has not suffered a for- feiture prescribed by this act, or to make or use a name so closely resembling the name of such corporation heretofore organized in this State as will tend to deceive. The provisions of title IX, part III of the Code of Civil Procedure, in so far as they conflict with this section, are not applicable to corporations seeking revivor under this act. 170 hillyer's legal manual. Controller to Sue for Delinquent Taxes.— The controller may, on or before the thirtieth day of April next following said delinquency and forfeiture, bring an action in a court of competent jurisdiction in the county of Sacramento in the name of the people of the State of Cali- fornia, to collect any delinquent taxes, together with any penalties, or costs, which have not been paid in accordance with the provisions of this act and appearing delinquent upon the record of assessments for State taxes hereinbefore in this act provided for. The Attorney General must prosecute such action, and the provisions of the Code of Civil Pro- cedure relating to service of summons, pleadings, proofs, trials, and ap- peals are applicable to the proceedings herein provided for. May Attach. — In such action a writ of attachment may be issued, and no bond or affidavit previous to the issuing of said attachment is required. In the case of companies whose charters or right to do busi-. ness has been forfeited under the provisions of this act, service of sum- mons may be made upon the persons now provided for by law to be served as agents or officers of any of such companies and such persons shall be deemed to be the agents of such companies for all purposes necessary in order to prosecute such action. Payment of Tax. — Payment of the taxes and penalties, or amount of the judgment recovered in such action must be made to the State treas- urer. In such actions the record of assessments for State taxes, or a copy of so much thereof as is applicable in said action, duly certified by the controller, or by the secretary of the State board of equaliza- tion, showing unpaid taxes against any company, person or association assessed by the State board of equalization, is prima facie evidence of the assessment upon the property and franchises, the delinquency, the amount of the taxes, penalties, and costs due and unpaid to the State, and that the company, person, or association is indebted to the people of the State of California in the amount of taxes and penalties therein appearing unpaid, and that all the forms of law in relation to the as- sessment and levy of such taxes have been complied with. Unlawful to Continue Business After Forfeiture of Charter. — It shall be unlawful for any company, either domestic or foreign, which has not paid to the State all taxes, penalties and costs as in this act prescribed and levied, to exercise the powers of such company, or to transact any business in this State, after the Saturday preceding the first Monday in March following its delinquency. Penalty for Violation. — Each and every person exercising any of the powers of such delinquent company or transacting any business for or in behalf of such company after the Saturday preceding the first Monday in March following the delinquency of such company as provided in this act, except to settle the affairs of such company, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each day such violation of the law continues, which fine shall be paid into the general fund of the State treasury. Powers and Duties of State Board. — In addition to the powers and duties prescribed in the Political Code, it is the duty of the State board of equalization, and the said board shall have power, for carry- ing this act into effect : TAXATION FOR STATE PURPOSES. 171 1. Prescribe Forms. — To prescribe the forms upon which the reports required by sections 9, 12 and 14 of this act shall be made. 2. Inspect Property. — Whenever deemed necessary, to visit as a board, or by the individual members thereof, or to send its secretary or duly appointed representative to any portion of this State for the purpose of inspecting property and learning the value thereof, and of collecting information to enable it to justly assess and levy the taxes provided for in this act. 3. Summon Public Officials. — To call before it, or any member thereof, or before its secretary or duly appointed representative on such visit, any public officials, and to require him to produce any public record, papers or documents in their custody. 4. Issue Subpoenas. — To issue subpoenas for the attendance of wit- nesses or the production of books before the board, or any member thereof; which subpoenas must be signed by a member of the board, and may be served by any person. 5. Require Attendance of Witnesses and Production of Books. — To require any person having knowledge of the business of any of the companies mentioned in section 14 of article 13 of the constitution of this State, or having the custody of the books and accounts of such companies, to attend before the board or any member thereof, or be- fore the secretary or the duly appointed representative of said board and bring with him for inspection any books, or papers, of such com- pany in his possession or under his control, and to testify under oath touching any matter relating to the assessment to be made under this act. A member of the board, its secretary, or duly appointed repre- sentative is authorized to administer such oath. 6. Examine Books and Accounts. — Said board of equalization is hereby authorized and empowered to examine the books and accounts of all companies required by law to report to it and to employ an expert accountant or accountants to assist in the examination of the books and accounts of any such companies when in the judgment of said board the exigencies of the case may so require. 7. Unlawful for Members or Employees to Divulge Information. — It shall be unlawful for any member or ex-member of the State board of equalization, or for any agent employed by it, or for the controller, or ex-controller, or for any person employed by him or for any per- son who may at any time have obtained such knowledge from any of the foregoing officers or persons, to divulge or make known in any manner whatever not provided by law, any of the following items of information concerning the business affairs of companies reporting to the said board : (a) Any information concerning the business affairs of any com- pany which is gained during an examination of its books and accounts or in any other manner, and which information is not required to be reported to the State board of equalization in the reports or state- ments provided for in paragraphs numbered 1 to 10 of section 9 and paragraphs numbered 1 to 10 of section 14 of this act. (b) Any informiation, other than the assessment and the amount of taxes levied, obtained by the State board of equalization in accordance 172 hillyer's legal manual. with the provisions of this act, from any company other than any of those enumerated in sections 2, 3 and 4 of this act. (c) Any particular item or items of information relating to the disposition of its earnings contained in the report of a quasi-puhlic corporation which any such corporation may, by written communica- tion specifying the items and presented at the time when it files its report, request shall be treated as confidential. Governor may Disclose Information. — Provided, however, that if the Governor shall direct that any of the information herein referred to be made public, then it shall no longer be unlawful to divulge or make known the same. Penalties. — Any violation of the provisions of this subdivision shall be a misdemeanor and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or both, at the discretion of the court. County Auditors to Report Assessments of Real Estate of Banks. — On the second Monday in August of each year the auditor of each county must report to the State board of equalization, in addition to the items required to be so reported by him under section 3728 of the Political Code, the value of each piece of real estate other than mort- gage interests therein belonging to each bank in his county as assessed and equalized for ipurposes of county taxation. State Board to Equalize Such Assessments. — Whenever the State board of equalization is satisfied after investigation that any county assessor, or board of equalization, has assessed any real estate belong- ing to any bank above its full cash value and has thereby unjustly re- duced the amount of taxes due the State from said bank, said State board shall, under such rules of notice to the clerk of the board of su- pervisors of the 'County affected thereby as the said State board shall deem reasonable, equalize the assessed value of such real estate and shall upon completion of said equalization issue an order to said asses- sor or board of equalization and to the county auditor of the county in which said real estate is located, fixing the assessed value of said real estate. Equalized Value. — The value so equalized and fixed, and no other, shall be deemed the value, as assessed for county taxes, of such real estate, and the sole basis of taxation upon such real estate for county taxes. A copy of the order certified by the Secretary of the State board of equalization shall be prima facie evidence of the regularity of all proceedings of the board resulting in the action v^hich is the subject matter of the order. State Board to Equalize Assessments of Real Estate of Insurance Companies. — The State board of equalization shall immediately after the county and city assessments have been completed, ascertain the value of any real estate belonging to any insurance company as as- sessed and equalized for purposes of county and of city taxation. "Whenever the State board of equalization is satisfied after investiga- tion that any county, city and county, city, or district assessor, or board of equalization, has assessed any real estate belonging to any insurance company above its full cash value and has thereby un- TAXATION FOR STATE PURPOSES. 173 justly reduced the amount of taxes due the State from said insurance company, said State board shall, under such rules of notice to the clerk of the board of supervisors of the county or the proper officer of the city affected as the board shall deem reasonable, equalize the assessed value of such real estate and shall upon the completion of said equalization, issue an order to said assessor or board of equaliza- tion and to the county, city and county, city, or district auditor or clerk of the county, city and county, city, or district in which said real estate is located, fixing the assessed value of said real estate. Equalized Value. — The value so equalized and fixed, and no other, shall be deemed the value, as assessed for county, city and county, city, or district taxes, of such real estate, and the sole basis of taxa- tion upon such real estate, for county, municipal and district taxes. A copy of the order certified by the Secretary of the State board of equalization shall be prim.a facie evidence of the regularity of all pro- ceedings of the board resulting in the action which is the subject matter of the order. Assessors to Segregate on Assessment-roll. — Each county, city and county, city, and district assessor must segregate on his assessment- roll, as directed by the State board of equalization: 1. Assessment of Railroads as Made by State Board. — The assess- ments made by the State board of equalization, and apportioned to the county, city and county, city, town, township, or district, upon the franchises, roadway, roadbed, rails and rolling stock of all rail- roads operated in more than one county in this State under the pro- visions of the Political Code as the same existed and were in force on the seventh day of November in the year one thousand nine hun- dred and ten; and 2. Assessments of Public Service Corporations' Property Subject to Bond Tax. — The assessments made by said assessors of any other property enumerated in subdivisions (a), (b) and (d) of section 14 of article 13 of the constitution of this State, which is located in the county, or city and county, or any city, town, township, or district in which it is subject to taxation for paying the principal and inter- est of any bonded indebtedness created and outstanding by any city, city and county, county, town, township, or district prior to the eighth day of November in the year one thousand nine hundred and ten, as provided in subdivision (e) of section 14 of article 13 of the constitution of this State. Duplicate to be Sent to State Board. — Immediately upon comple- tion of the assessment and equalization of property for the purposes of taxation in each year the auditor or clerk of each county, city and county, city, town, or district must transmit to the State board of equalization a duplicate of that part of the assessment-roll contain- ing the assessments and apportionments referred to in paragraphs 1 and 2 of this section. State Board to Equalize Assessments Made for Bond Purposes. — Whenever the State board of equalization is satisfied after investiga- tion that any county, city, or other assessor, or board of equaliza- tion, has assessed for taxation to pay the principal and interest of 174 any bonded indebtedness created and outstanding by any county, city and county, city, town, township, or district prior to the eighth day of November in the year one thousand nine hundred and ten, as provided in subdivision (e) of section 14 of article 13 of the constitu- tion of this State, any of the property taxed exclusively for State purposes as provided in subdivisions (a), (b) and (d) of section 14 of article 13 of the constitution of this State, or has assessed for pur- poses of county, city and county, city, or district taxation the prop- erty other than the franchise of any company taxable for a franchise under subdivision (d) of said section and article of the constitution, above its full cash value and has thereby unjustly reduced the amount of taxes due the State on such property, said State board shall, under such rules of notice to the clerk of the board of supervisors of the county, or city and county, or to the city clerk of the city, affected thereby as the board shall deem reasonable, equalize the assessed value of such property, and shall issue an order to said assessor or board of equalization and to the county or city auditor or clerk of the county, city and county, or city in which the property is located, fixing the assessed value of such property. Equalized Value. — The value so equalized and assessed, and no other, shall be deemed the value of said property, and its assessment for taxes levied to pay the principal and interest of any such out- standing bonded indebtedness, and in the case of companies taxable for a franchise under said subdivision (d) of said section and article of the constitution shall be deemed the value of the said property, and its assessment for taxes for county, city and county, municipal and district purposes. Tax Rates for Bonds to be Separate from Other Rates.-^When mak- ing the tax levy and fixing the rates of taxation for county, city and county, city, town, tow^nship, or district purposes, the board of super- visors of any county, or city and county, and the corresponding authority in any city, having bonded indebtedness issued and out- standing on the eighth day of November in the year one thousand nine hundred and ten, shall fix the tax rate for such bonded indebted- ness separate and apart from all other tax rates, whether for subse- quent honded indebtedness or for other purposes. Same Tax Rate to Apply to All Property for Bond Purposes. — The county, city and county, or city auditor or clerk shall extend on the assessment-roll against the assessments segregated as herein pro- vided, the taxes necessary to pay the principal and interest of said bonded indebtedness at the same rate as said taxes for payment of principal and interest of said outstanding bonded indebtedness shall be levied upon the other classes of property within the same county, city and county, city, town, township, or district, and the amount of each such taxes shall be certified by said auditor or clerk to the con- troller and the amount so certified shall then be credited by the con- troller to the county, city and county, city, town, township, or district to which it is due; and said amount shall be paid by said controller to the treasurer of such county, or city and county as provided in section 29 of this act, and upon such payment said treasurer shall forthwith certify such fact to the tax collector who shall thereupon TAXATION FOR STATE PURPOSES. 175 mark upon the assessment-roll the date of payment and the words "paid by the State treasurer." The city clerk or auditor shall in the certificate mentioned in this paragraph also state the date when taxes in such city shall become delinquent. State to Pay Part of Principal and Interest of Outstanding Bond Debts. — The controller shall out of the taxes collected by him as pro- vided in this act credit to the fund created by an act of the thirty- ninth session of the legislature entitled: "An act appropriating money for the purpose of payment of that part of the principal and interest of any bonded indebtedness created and outstanding by anj^ city, city and county, county, town, township or district on the eighth day of November in the year one thousand nine hundred and ten, which is provided for in section 14 of article 13 of the constitution of this State, and as provided in an act of the thirty-ninth session of the legislature entitled 'An act to carry into effect the provisions of sec- tion 14 of article 13 of the constitution of the State of California as said constitution was amended November 8, 1910, providing for the separation of State from local taxation, and providing for the taxa- tion of public service and other corporations for the benefit of the State, all relating to revenue and taxation,' " the money due to each county, city and county, city, town, township, or district on account of taxes to pay the principal and interest of any bonded indebted- ness created and outstanding by any city, city and county, county, town, township or district, on the eighth day of November in the year one thousand nine hundred and ten. Controller to Settle in October and March. — The controller shall in the months of October and March in each year settle with the treas- urer of each county and city and county for the money collected by said controller under this section, for the moneys due said county or city and county and the townships and districts within such county or city and county, in the same manner as settlements are made be- tween the county or city and county treasurers and the controller as provided for in section 3866 of the Political Code. The controller shall at the same times, settle with each city and town for the moneys due such city or town for the purposes mentioned in this section, and when ready for such settlement shall notify the city or town treasurer of the amount of money due the city or town for said pur- poses, and that upon receipt of proper authority so to do, he will forward to said city or town treasurer a warrant for the amount thereof; provided, however, that upon receipt of notice from any such city or town treasurer that any bond issue matures for principal or interest before the date of such settlement, which notice shall state the amount thereof due from the State and the date of maturity, and that said amount due from the State is required in order to pay the same, the said controller must, before said date of maturit3% forward his warrant to such city or town treasurer in the manner above pro- vided for the amount ascertained by him to be due. The treasurer of the county or city and county shall forthwith, upon receipt by him of the moneys so hereinbefore directed to be paid by said controller, credit the amount so received by him to the county, city and county, 176 hillyer's legal manual. township or district, respectively entitled thereto, and pay the same in the manner provided by law. Excess Paid by State. — Any excess paid by the controller to a county, city and county, city, town, or to a county or city and county or any township or district, over and above the State's share of the amount actually expended by such county, city and county, city, town, township or district, to pay the interest and principal of said bonded indebtedness in any year, shall be repaid to the State in such manner as the controller shall direct. State to Reimburse Counties. — Until the year one thousand nine hundred and eighteen the State shall reimburse any and all counties which sustain loss of revenue by the withdrawal of railroad property from county taxation for the net loss in county revenue occasioned by the withdrawal of railroad property from county taxation in the manner, at the times, and in the amounts specified in an act of the thirty-ninth session of the legislature entitled "An act to provide for the reimbursement of counties in this State which sustain net loss of revenue by the Avithdrawal of railroad property from county taxation, under the provisions of section 14 of article 13 of the con- stitution of this State." State not to Pay County Treasurers' Expenses. — The provisions of section 3876 of the Political Code shall not apply to the settlements made with the State treasurer under sections 29 and 30' of this act, but the county board of supervisors may if it deem necessary allow the county treasurer the actual expenses incurred in collecting the money due the county from the State. Counties to Reimburse Loss to Districts. — The board of supervisors of each county shall in the month of September of each year deter- mine the amount of loss to each district in the county where loss is occasioned in such district by the withdrawal from local taxation of property taxed for State purposes only, and in the month of Decem- ber next thereafter shall reimburse such district from the general funds of the county for one-half of such loss, and in the month of May next thereafter shall reimburse such district from the general fund of the county for the remaining one-half of such loss. All Property in State Subject to Deficiency Tax. — ^Any tax required to be levied for State purposes as provided in subdivision (e) of sec- tion 14 of article 13 of the constitution as amended the eighth day of November in the year one thousand nine hundred and ten, to meet any deficiency in the State revenue shall be assessed, levied and col- lected on all property in the State, not exempt from taxation includ- ing the classes of property enumerated in this act, under the pro- visions of the Political Code relating to the assessment, levy and collection of State and county taxes as said provisions were in force on the seventh day of November in the year one thousand nine hundred and ten. Prior Laws not Repealed for Certain Purposes. — Nothing in this act shall be construed as repealing any laws in force prior to the eighth day of November in the year one thousand nine hundred and ten, relating to taxation, in so far as said laws may be necessary for TAXATION FOR STATE PURPOSES. 177 the assessment, levy, and collection of State, county, city and county, municipal or district taxes, or in so far as said laws may be necessary for the assessment, levy and collection of the taxes provided for in section 22 of article 4 of the constitution as amended on the eighth day of November in the year one thousand nine hundred and ten; or in so far as said laws may be necessary for the assessment, levy and collection of the taxes for State purposes, on all the property in the State, not exempt from taxation, to meet a deficiency in the revenues for the support of the State government, or to pay the principal and interest of any bonded indebtedness created and outstanding by any city, city and county, county, town, township, or district, both as provided in subdivision (e) of section 14 of article 13 of the constitu- tion as amended on the eighth day of November in the year one thou- sand nine hundred and ten. Basis and Findings on Increase of Tax Rates on Public Service Cor- porations, Provided for in Chapter 6, Laws of 1913. — In so far as the rates of taxation upon the property and franchises described and enumerated in section 14 of article 13 of the constitution of the State of California and in section 1 of the act of which this act is in part amendatory, differ from the rates of taxation upon such property and franchises as fixed and defined by this act, it is hereby declared to be the intent and purpose of the legislature, two-thirds of all the members elected to each of the two houses voting in favor thereof, by virtue of the authority conferred upon the legislature by sub- division f of section 14 of article 13 of the constitution to change the rates of taxation heretofore fixed and imposed by said section of the constitution and enumerated and specified in the act of which this act is amendatory to the rates fixed, determined, established and set forth by and in this act. This tax levy, and each and every of the percentages or rates of taxation herein and hereby determined, made, fixed and established to be paid by the persons, firms, companies and corporations specified, described or included in section 14 of article 13 of the constitution, are and have been determined, made, fixed and established after a full, complete, open and public investigation and hearing by and be- fore this legislature upon and respecting the value of each and all of the properties and franchises included within or enumerated in section 14 of article 13 of the constitution, and of all other and differ- ent property subject to taxation of any kind within the State of Cali- fornia, of which investigation and hearing every and all persons, firms, companies and corporations concerned therein or affected thereby had due notice; and at which investigation and hearing the legislature took oral and written evidence and at which hearing every and all persons, firms, companies and corporations concerned therein or affected thereby and who desired so to do, were given an oppor- tunity to and did appear and were heard and introduced evidence before this legislature respecting and showing the value of said prop- erties and franchises included within or enumerated in said section 14 of article 13 of the constitution and also respecting and showing the value of all other and different property subject to taxation of any kind within the State of California, and after the due considera- 12 178 tion of all of said evidence by this legislature and its ascertainment and determination therefrom and thereon of the value of said and all of said hereinbefore mentioned properties and franchises; and the percentages or rates of taxation herein and hereby determined, fixed and established have been and are determined, fixed and established, and have been and are based, upon the value of each, all and every of the properties and franchises included within or enumerated in said section 14 of article 13 of the constitution as ascertained and determined as aforesaid by this legislature and constitute and are the percentages or rates of taxation ascertained and determined by this legislature which when applied in the manner provided and required by law, do and will levy a tax upon said properties and franchises included w^ithin or enumerated in said section 14 of article 13 of the constitution in proportion to the value of the same and in proportion to the value of every and all other and different property subject to taxation of any kind within the State of California as ascertained and determined as aforesaid by this legislature. GENERAL INFORMATION IN REGARD TO STATE TAXES. (Legislation of 1913 will apply to assessment of 1914.) There are so many requests from taxpayers for information in re- gard to the new State taxes, especially franchise taxes, that it is deemed advisable to offer here this explanation. On November 8, 1910, the people of California amended the Con- stitution by adding section 14 to article 13 (generally known as Con- stitutional Amendment No. 1). This provided, in substance, two things, viz. : Gross Receipts Taxes. — First, that certain corporations, such as rail- roads, street railroads, car companies, gas and electric companies, ex- press, insurance, telegraph and telephone companies should be taken over by the State for taxation on their operative property for State purposes exclusively. These are generally referred to as the "with- drawn corporations. ' ' Their taxes are fixed at a certain rate per cent on their gross receipts, and such taxes cover both physical property and franchises. Franchise Taxes. — Second, the amendment provided that the fran- chises of all other corporations should also be taxed for State pur- poses, while all their other properties and the property of individuals are left to local taxation. To put it in a little different language, the publij3 service corpora- tions above named are taxed on all their possessions (except non- operative property) for State purposes alone, while other corpora- tions pay taxes to the State on their franchises only, and on all of their other property they pay taxes to the county, the municipality and the district. The exceptions to the above general statement are these: First, if from the special taxes thus provided the State does not secure the revenues necessary for its suppport, it may levy a deficiency tax on all STATE TAXES — GENERAL INFORMATION. 179 property, including that of the withdrawn corporations; second, by virtue of another constitutional amendment, also adopted in 1910, all property, including the withdrawn corporations, is liable, during the period of four years, to a State tax for the Panama-Pacific Exposi- tion; third, wherever public bond debts existed on November 8, 1910, the property of the withdrawn corporations is taxable to help pay interest and principal of such past bond debts, but the taxes so paid are deducted from the total amount paid in taxes for State purposes. Rate on Franchises. — The following is the provision of the Con- stitution relating to franchises : (d) "All franchises other than those expressly provided for in this section, shall be assessed at their actual cash value, in the man- ner to be provided by law, and shall be taxed at the rate of one per centum each year, and the taxes collected thereon shall be exclusively for the benefit of the State." What are Franchises. — To define the franchises referred to by the Constitution the legislature provided as follows in chapter 335, Stat- utes of 1911 : "These franchises shall include the actual exercise of the right to be a corporation and to do business as a corporation under the laws of this State and the actual exercise of the right to do business as a corporation in this State when such right is exercised by a corpora- tion incorporated under the laws of any other State or country," be- sides the right or privilege to exercise special franchises, as to main- tain wharves, ferries, or toll roads, or to use the public streets for mains, conduits, etc. Values, How Fixed. — With reference to the "manner" of assessing franchises, the legislature provided for an elaborate system of reports to be rendered by corporations, and then added this : "The State board of equalization shall ascertain and determine from the foregoing reports or from the best information it can obtain the actual cash value on the first Monday in March of each such fran- chise, and shall assess and levy the taxes thereon in accordance with the provisions of subdivision (d) of section 14 of article 13 of the Con- stitution of this State." In practice the State board of equalization assumes that every in- corporated concern possesses a franchise, and endeavors to ascertain its value and assess it accordingly. This value is arrived at from a study of the reports, aided by the "best information" which can be obtained from any other source, as the law requires. No Established Scale. — Many persons having in mind the corpora- tion license tax, which is scaled in proportion to authorized capital stock, and the federal corporation tax, which is fixed in proportion to net profits in excess of $5,000, assume that the State franchise tax must be based on a similar scale, but it is not so. The constitution makes the rate of tax one per cent on the value of the franchise, and the board of equalization considers the stock, bond debt, income, net profit, surplus, etc., only as aids in fixing the value of the franchise. In the same way, it considers the assessment of the physical proper- ties made by the county assessor. 180 County Assessor's Rule. — Before the adoption of the constitutional amendment many franchises were assessed by county assessors, who worked out a practice of deducting the value of the tangible prop- erty from the total value of the corporation and taking a certain por- tion of the difference as constituting the assessable value of the franchise. This rule the Supreme Court has upheld in such cases as Bank of California v. City and County of San Francisco, Crocker V. Scott, and City of Los Angeles v. Western Union Oil Co. So far as practicable, the State board of equalization has been guided by this rule. The law necessarily leaves much, in the fixing of franchise taxes, to an exercise of judgment. There are five members of the board of equalization, and although they work together, they may arrive by different methods at a common conclusion. This and the impossi- bility of remembering just how twenty thousand different taxes were fixed render it out of the question, in most instances, to answer an inquiry how a particular tax was computed. The law gives opportunity, during a period of three weeks preced- ing the first Monday in July, for any corporation to ascertain the amount of the proposed tax and to apply for correction of the same. In assessing foreign corporations the State board endeavors to as- certain the proportion of the total business which is done and the proportion of capital employed in California and to fix the tax in proportion. SYNOPSIS OF TAX LAWS. STATE TAXES. Public service corporations file sworn report of their operations for the year ending the preceding 31st day of December, with the State board of equalization within ten days after the first Monday in March. (Stats. 1913, p. 017.) Insurance Commissioner files report with State board of equaliza- tion on or before the last day of March. (Stats. 1911, p. 530.) Banks report to State board of equalization on first Monday in March or within ten days thereafter. (Stats. 1911, p. 530.) Secretary of State reports corporations to State board of equaliza- tion as required by the board. (Stats. 1911, p. 530.) Owners of franchises subject to taxation report to State board of equalization within ten days after first Monday in March. (Stats. 1913, p. 619.) Railroad companies report to State board of equalization on first Monday in April. (Pol. Code, 3664.) Assessors must report valuation of property of companies subject to franchise assessment at such time as the State board of equaliza- tion may require. (Stats. 1911, p. 530.) State board of equalization may extend the time for making reports not exceeding thirty days. (Stats. 1911, p. 530.) State board of equalization meets at the State Capitol on the first Monday in March and continues in open session until the third Mon- day in July. (Stats. 1913, p. 621.) SYNOPSIS OF TAX LAWS — STATE. 181 Action against State Treasurer for recovery of taxes illegally paid must be brought not later than the first Monday in June. (Pol. Code, 3669.) State board of equalization must assess and levy State taxes be- tween the first Monday in March and the third Monday before the first Monday in July. (Stats. 1913, p. 621.) State board of equalization publishes notice of completion of assess- ment on the third Monday before the first Monday in July. (Stats. 1913, p. 622.) State board of equalization assesses and levies taxes for State pur- poses under a, b, c, and d of section 14 of article 13 of State Constitu- tion, and determines deficiency, if any, between first Monday in March, 1914, and first Monday in July, 1914. (Stats. 1913, p. 1084.) State board of equalization delivers the record of assessment for State taxes to the controller on the first Monday in July. (Stats. 1913, p. 622.) State board of equalization may correct record of assessment for State taxes on or before the first Monday in July. (Stats. 1913, p. 622.) State taxes are due and payable on the first Monday in July. (Stats. 1911, p. 530.) One-half of State taxes is delinquent on the sixth Monday after the first Monday in July, at 6 P. M. (Stats. 1911, p. 530.) Second half of State taxes is delinquent on the first Monday in Feb- ruary at 6 o'clock P. M. (Stats. 1911, p. 530.) Assessors transmit copy of assessment-roll to State board of equal- ization on second Monday of July. (Pol. Code, 3655.) State board of equalization may direct controller to collect State taxes by seizure and sale at any time before the first Monday in Au- gust. (Stats. 1911, p. 530.) State board of equalization meets at Sacramento on third Monday in July. (Pol. Code, 3665.) State board of equalization meets at Sacramento on first Monday in August, and continues until the second Monday in September. (Pol. Code, 3692.) Property seized for State taxes may be sold upon one week's notice by publication or (if no newspaper) by posting. (Stats. 1911, p. 530.) State board of equalization fixes ad valorem tax for State purposes between first and second Mondays of September, 1914. (Stats. 1913, p. 1085.) State board of equalization determines rate of State tax between first and second Mondays of September. (Pol. Code, 3696.) State board of equalization transmits rate to County Auditors and Boards of Supervisors immediately. (Pol. Code, 3696.) Controller publishes notice of taxes within ten days after second Monday in October. (Pol. Code, 3668.) Controller must publish notice that taxes are payable, beginning within ten days after receipt of the record of assessments and continu- ing daily for two weeks. (Stats. 1911, p. 530.) Lien of taxes for State purposes attaches on the first Monday in March. (Stats. 1913, p. 622.) 182 HILLYER^S LEGAL MANUAL. Action for recovery of State taxes paid under protest must be brought not later than the third Monday in February next following. (Stats. 1913, p. 623.) Claim for credit for taxes paid upon erroneous computation must be made in one year. (Stats. 1913, p. 623.) Controller mails notices of delinquent State taxes within ten days after first Monday in February. (Stats. 1911, p. 530.) Delinquent corporations forfeit charters and right to do business on first Monday in March at 6 P. M. (Stats. 1911, p. 530.) Controller reports delinquent corporations to Secretary of State, Secretary of State reports to Governor, and Governor issues proclama- tion declaring forfeiture forthwith. (Stats. 1911, p. 530.) Secretary of State publishes proclamation and transmits certified copy to County Clerks immediately. (Stats. 1911, p. 530.) Secretary of State transmits to County Clerks list of rehabilitated corporations after nonpayment of franchise tax on the first Monday in April. (Stats. 1911, p. 530.) Controller may bring action to recover delinquent State taxes within sixty days after the first Monday in March. (Stats. 1911, p. 530.) Delinquent corporations not allowed to exercise powers after the Saturday preceding the first Monday in March. (Stats. 1913, p. 625.) Secretary of State notifies county clerks of corporations rehabili- tated after nonpayment of license tax, on first day of December. (Stats. 1913, p. 513.) Auditors report value of real estate belonging to banks to State board of equalization on second Monday in August. (Stats. 1911, p. 530.) State board of equalization equalizes assessment of real estate ow^ned by banks on reasonable notice to the clerk of the Board of Supervisors. (Stats. 1911, p. 530.) State board of equalization equalizes assessment of real estate be- longing to insurance companies upon reasonable notice to the clerk of the Board of Supervisors. (Stats. 1911, p. 530.) Auditor or clerk transmits to State board of equalization duplicate of part of assessment-roll containing assessment of railroad property where it is operated in more than one county, and public utility insur- ance and franchise assessments where property is subject to taxation for payment of bonded indebtedness, immediately after completion of assessment and equalization. (Stats. 1911, p. 530.) State board of equalization may equalize assessment of property taxed for State purposes upon reasonable notice to the clerk of the Board of Supervisors or City Clerk. (Stats. 1911, p. 530.) Controller settles with county and city treasurers for moneys due from State on account of bonded indebtedness, in October and March. (Stats. 1911, p. 530.) County Tax Collectors settle with State Controller and State Treas- urer between the 15th and 30th of May, and 15th and 30th of Decem- ber. (Pol. Code, 3866.) Auditors report to Controller and State Treasurer between the first and tenth of May, and first and tenth of December. (Pol. Code, 3868.) SYNOPSIS OF TAX LAWS — ^COUNTY. 183 COUNTY TAXES. Surveyor General and Tide Land Commissioners transmit list of land sold to County Assessors on or before first Monday in March. (Pol. Code, 3659.) County Recorder transmits abstract of mortgages and deeds of trust, etc., to County Assessor within ten days after first Monday in March. (Pol. Code, 3678.) Assessor assesses between first Monday in March, and first Monday in July. (Pol. Code, 3628.) Taxes are a lien from first Monday in March. (Pol. Code, 3628- 3717.) Property is assessed as of the first Monday in March. (Pol. Code, 3628.) Assessor completes his assessment-book on or before first Monday in July. (Pol. Code, 3652.) Boards of Supervisors meet as county boards of equalization on first Monday of July. (Pol. Code, 3672.) Corrected assessment-roll must be returned to the County Auditor on or before the first Monday in August. (Pol. Code, 3682.) Board of Supervisors fix tax rate and levy taxes on the third Mon- day in September. (Pol. Code, 3714.) County Auditor completes total valuation as soon as assessment-book is delivered to him by the clerk of the Board of Supervisors. (Pol. Code, 3727.) Assessors, District Attorneys and County Treasurers make annual settlement with Auditor on the first Monday of January. (Pol. Code, 3889.) Unsecured taxes on personal property and one-half taxes on real property delinquent last Monday in November at 6 P. M. (Pol. Code, 3668, 3756.) Second half of real property taxes is payable first Monday in Jan- uary. (Pol. Code, 3668.) Second half of real property taxes is delinquent last Monday in April at 6 P. M. (Pol. Code, 3668-3756.) Assessors and Tax Collectors may pay moneys to Treasurer daily. (Pol. Code, 4101a.) Tax Collector delivers delinquent tax list to Auditor on or before the last day of June. (Pol. Code, 3797.) Auditor delivers delinquent list to Tax Collector within three days thereafter. (Pol, Code, 3762.) Auditor transmits statement of property assessed and delinquent taxes to Controller within ten days after final settlement with Tax Collector. (Pol. Code. 3763.) Tax Collector publishes delinquent tax list on or before June 5th. (Pol. Code, 3764.) Notice of tax sale must be published once a week for three succes- sive weeks. (Pol. Code, 3766.) Tax sale must not be less than 21 or more than 28 days from time of first publication. (Pol. Code, 3766.) Deed to State is made after five years. (Pol. Code, 3785.) 184 Notice to holders of encumbrances must be mailed by Tax Collector at least ten days before the sale date. (Pol. Code, 37'69a.) Purchaser of property at delinquent tax sale, which has been sold to the State five years previously, has thirty days in which to make redemption. (Pol. Code, 3771.) When property is to be sold at public auction for nonpayment of taxes, the Tax Collector must mail copy of delinquent list to last as- sessed party within five days after first publication of the list. (Pol. Code, 3771.) Tax Collector must transmit statement of property, sold to the State, to the Controller immediately after the sale. (Pol. Code, 3772.) Property may be redeemed within five days after sale to the State or prior to resale by the State. (Pol. Code, 3780.) Tax Collector may seize and sell for payment of unsecured personal propertv taxes after one week's notice by publication or posting. (Pol. Code. 3792.) When State lands on which full purchase price has not been paid are sold for taxes and deed is filed with Surveyor General, the former possessor is preferred purchaser for six months. (Pol. Code, 3788, 3788a.) When correction of assessment increases tax, person assessed is entitled to five days' notice. (Pol. Code, 3881.) Publication of corrected delinquent list must be for same period as original publication, but not less than one week. (Pol. Code, 3883.) Tax collector furnishes Auditor with a printed list of lands sold for taxes within thirty days after sale. (Pol. Code, 3801.) Suit to recover taxes paid under protest must be brought within six months after payment. (Pol. Code, 3819.) County Auditor prepares and transmits duplicate statements to Controller and State board of equalization on second Monday in Au- grust. (Pol. Code, 3728-3729.) Auditor corrects assessment-book as soon as charges are received from State board of equalization. (Pol. Code, 3730.) Auditor delivers corrected assessment-book to Tax Collector on second Monday in October. (Pol. Code, 3732.) Auditor prepares duplicate statements and files w4th the Board of Supervisors and Controller on the third Monday in September. (Pol. Code, 3737.) Auditor furnishes assessor with blank personal property receipts on or before the first Monday in March. (Pol. Code, 3738.) Assessor returns unused personal property receipts to Auditor on first Monday in Auefust. (Pol. Code, 3738.) ' Auditor furnished report of propertv redeemed on or before the hour fixed by the Tax Collector for sale of property. (Pol. Code. 3739.) Personal property taxes secured bv real estate and one-half of real property taxes are payable on second Monday in October. (Pol. Code, 3746.) Tax Collector publishes tax notice within ten days after receipt of assessment-book. (Pol. Code. 3746.) Supervisors may make t?ixes payable in townships and cities by order made before the first Monday in October. (Pol. Code, 3748.) Tax notice must be published for two weeks. (Pol. Code, 3749.) SYNOPSIS OF TAX LAWS — COUNTY. 185 Tax Collector settles with Auditor for State and county taxes on the first Monday of each month. (Pol. Code, 3753.) Tax Collectors deliver assessment-book to Auditor on second Mon- day of December. (Pol. Code, 3758.) Auditor computes penalties and delivers assessment-book to Tax Collector within ten days thereafter. (Pol. Code, 3758.) Tax Collectors deliver assessment-book and delinquent tax list to Auditor on third Monday in May. (Pol. Code, 3759.) Assessor may collect unsecured personal property taxes by seizure and sale, from the time of assessment to the first Monday in August. (Pol. Code, 3821.) Tax Collector must mail notice of deficiency in personal property tax collected by Assessor, at least fifteen days before commencement of action for the recovery thereof. (Pol. Code, 3825.) The Assessor must settle with the Auditor and Treasurer on the first Monday of each month. (Pol. Code, 3826.) Auditor must state account to the Assessor and make demand for uncollected taxes within fifteen days after the first Monday of August. (Pol. Code, 3831.) Assessor must pay Treasurer amount of uncollected taxes which should have been collected within fifteen days after demand by Auditor. (Pol. Code, 3831.) Resale of lands sold to the State for taxes must be made after notice by publishing (or posting when there is no newspaper) for at least three successive weeks. (Pol. Code, 3897.) Notice of such resale must be mailed to party assessed last before the sale, within five days from the first publication. (Pol. Code, 3897.) Interest is charged by the State at seven per cent from the first day of July following delinquency. (Pol. Code, 3897.) Tax Collectors must report sales by the State to Assessor within ten days after the sale. (Pol. Code, 3898.) Transfer to the university of lands acquired by tax sales upon which a mortgage exists in favor of the regents thereof may be made upon three weeks ^ notice and not less than four or more than eight weeks after first publishing or posting. (Pol. Code, 3898a.) Tax Collector must execute deed to regents within ten days after date specified in notice. (Pol. Code, 3898a.) Action to question the title of regents to such property must be brought within two years. (Pol. Code, 3898a.) Incorporated cities and towns, lighting, water and irrigating dis- tricts requiring it, must make request for certified copy of portion of assessment-book on or before the first Monday in March. (Pol. Code, 3653.) Assessor must furnish certified copy of portion of assessment-book to cities, towns, lighting, water and irrigation districts requesting it, on or before the third Monday in July. (Pol. Code, 3653.) Assessor must furnish personal property list to cities, towns, light- ing, water and irrigation districts requesting it, on the first Monday of each month. (Pol. Code, 3653.) Board of supervisors determines district losses by withdrawals from local taxation of property taxed for State purposes only in September (Stats. 1911, p. 530), and reimburses them for one-half of such loss in December, and one-half in May. (Stats. 1911, p. 530.) 186 hillyer's legal manual. Where county officers act for municipal corporations, requesting ordinance must be filed with the Auditor on or before the first Monday in February. (Stats. 1913, p. 441.) Where portions of municipal corporations have different rates of taxation, trustees must file description of boundaries with auditor be- fore the first Monday in July. (Stats. 1913, p. 442.) Trustees must fix tax rates not later than last Tuesday in August. (Stats. 1913, p. 443.) POLL TAX. Poll tax must be collected by Assessor between the first Monday in March and the first Monday in August at the rate of $2.00, and be- tween the first Monday in August and last Monday in December at the rate of $3.00. (Pol. Code, 3839, 3840.) Treasurer must print, number and sign blank $2.00 poll tax receipts and deliver to Auditor before the third Monday in February and the $3.00 receipts before the first Monday in August. (Pol. Code, 3842, 3843.) Auditor must deliver $2.00 receipts to Assessor on demand after third Monday in February, and $3.00 receipts on demand after first Monday in August. (Pol. Code, 3845.) Sale of property for poll taxes may be made after three hours' verbal notice. (Pol. Code, 3846.) Assessor must settle with Auditor and Treasurer for poll tax on the first Monday of each month. (Pol. Code, 3853.) Assessor must return unused $2.00 poll tax receipts to Auditor and settle with Auditor and Treasurer on first Monday in August, and return $3.00 receipts to Auditor and settle with Auditor and Treasurer on the last Monday in December. (Pol. Code, 3854.) Assessor delivers delinquent poll tax to Auditor on first Monday in January. (Pol. Code, 3858.) Auditor delivers delinquent poll tax list to Tax Collector without delay after receiving it from the Assessor. (Pol. Code, 3858.) Unpaid poll tax is a lien on the first Monday in March. (Pol. Code, 3860.) CITY TAXES. Cities of the First Class: Levy— Fourth Monday of July. (Sec. 94, M C. A.) Existing laws applicable. (Sec. 286, M. C. A.) Cities of Second Class: Levy— First Monday of October. (Sec. 325, M. C. A.) Collected in same manner as county taxes. (Sec. 325, M. C. A.) Cities of Third Class: Lien from first Monday in March. (Sec. 533, M. C. A.) Method of collection provided by local ordinances. (Sec. 533, M. C. A.) Cities of Fourth Class: Assessment as of January 1. (Sec. 641, M. C. A.) Taxes equalized on first Monday in April. (Sec. 642, M. C. A.) Assessment-roll delivered to City Council first Monday in May. (Sec. 643, M. C. A.) Tax levied first Monday in May. (Sec. 644, M. C. A.) SYNOPSIS TAX LAWS — CITY TAXES. 187 Lien attaches first Monday in May. (Sec. 644, M. C. A.) Fiscal year begins January 1st. (Sec. 645, M. C. A.) Tax list delivered to City Collector, third Monday of May. (Sec. 645, M. C. A.) Taxes payable, third Monday of May. (Sec. 646, M. C. A.) Taxes delinquent, third Monday of June, 6 P. M., 5% added. (Sec. 647, M. C. A.) City Collector delivers delinquent list to City Clerk, first Monday in July. (Sec. 648, M. C. A.) City Clerk settles with Collector and delivers certified delinquent tax list to him three days thereafter. (Sec. 651, M. C. A.) ' City Collector publishes delinquent list on or before third Monday of July. (Sec. 651, M. C. A.) Tax sale takes place not less than fourteen nor more than twenty- one days from first publication of delinquent tax list. fSec. 651, M. C. A.) Delinquent tax list published three times a week for two succes- sive weeks. (Sec. 652, M. C. A.) Redemption within twelve months from date of purchase. (Sec. 661, M. C. A.) Cities of Fifth Class : Procedure fixed by local ordinance. (Sec. 773, M. C. A.) Lien attaches first Monday in March. (Sec. 773, M. C. A.) Redemption within five years. (Sec. 773, M. C. A.) Taxes equalized second Monday of August. (Sec. 774, M. C. A.) Cities of Sixth Class: Procedure provided by local ordinance. (Sec. 871, M. C. A.) Lien attaches first Monday in March. (Sec. 871, M. C. A.) Redemption period, five years. (Sec. 871, M. C. A.) Taxes equalized second Monday in August. (Sec. 872, M. C. A.) Where County Officers Act for Municipal Corporations: Certified copy of requesting ordinance must be filed with County Auditor on or before first Monday of February. (Stats. 1913, p. 442.) Description of boundaries of district must be filed on or before first Monday of July. (Stats. 1913, p. 442.) Tax rate must be fixed not later than last Tuesday of August. (Stats. 1913, p. 442.) Where County Officers Act for Freeholders of Charter Cities: Copy of requesting ordinance to be filed with Board of Super- visors on or before first Monday in February. (Stats. 1913, p. 500.) City Clerk to deliver to assessor statement of boundaries of ter- ritory to be assessed as soon as practicable after first Monday in March. (Stats. 1913, p. 501.) County Auditor transmits to City Council valuation of assessed property on or before second Monday in August. (Stats. 1913, p. 501.) City Clerk certifies tax rate to Auditor not later than September 1st. (Stats. 1913, p. 501.) Property sold redeemabljc at same time as that sold for county taxes. (Stats. 1913, p. 501.) 188 IIILLYER'S LEGAL MANUAL. H^3 is i i88S8|8 ii ! i-ii§ii§ 88SS8 lllll 88 i :8 lliil O O Q O O S O OOOOC 1 r-"aD"ic'Q in t 1 L-a « ift 00 • ^i ! 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CO eg to 1-1.©. M. in. 00 CO to •—.t-;. CO. f-^ to. CO. t-^ CO ©.•»f.co -i».t— .-i-.o oq as.^.-'r.'^. oo.i—.to.cs.'i'.^.ao eg i-; to e»i o.o\in.'<<.^^.©.co.© oo.^, ©.cg.in ei.oo. to" CO ^■*"^in"'*"co"vn"eg in"co"eg ^ao"co ^"•f"©"eg"ei »-r»n"-^ ci t^co"t— "lO ir"to*co"-»*"co"^*co to"a: ^" "O* co"©"oo"^ef-i«"w oD"aroo"cg x"in"»-rin co CO 11 r^eg -^f-ieg?-! -^ ^r-i-i ^^i-i »-i ei no cgin©co n.— -ri t-iFicgr^ e» eg^ : j: -e -c = ■ ^ js j= js j: •aaO'-«a>S'r5555♦rftOln5t-•^el©c^'xMel-N^eoc5l^coo^^^-i•^w^c?■£'£^r'£^-S^^♦S^x:^os c*5 in •^ JH^ ^mn-t in •* — coj ! «t 1 llsl iS^ll gll^ = &: i< ^.slll ^ol 'life il 111111^15^1 elg 11 1 lllll J ^ ANTI-TRUST ACT. 189 SHERMAN ANTI-TRUST ACT. ' (Act of July 2, 1890, 26 U. S. Stat. 209, U. S. Comp. Stats., p. 3200.) The Sherman Anti-Trust Act is entitled ''An Act to Protect Trade and Commerce Against Unlawful Restraints and Monopolies," and provides as follows: "§ 1. Trusts, etc., in the States in Restraint af Trade, etc., Il- legal — Persons Combining Guilty of Misdemeanor — Penalty. — Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with for- eign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or con- spiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punish- ments, in the discretion of the court. "§ 2. Persons Attempting to Monopolize, etc., Guilty of Misde- meanor — Penalty. — Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or per- sons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceed- ing one year, or by both said punishments, in the discretion of the court. "§ 3. Trusts, etc., in Territories or District of Columbia Illegal — Persons Engaged Therein Guilty of Misdemeanor — Penalty. — Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Terri- tory or Territories and any State or States or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or con- spiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punish- ments, in the discretion of the court. "§ 4. Jurisdiction of United States Circuit Courts — Prosecuting Officers — Procedure — Hearing, etc. — Temporary Restraining Order, etc. — The several circuit courts of the United States are hereby in- vested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of peti- tion setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complamed of 190 HILLYER^S LEGAL MANUAL. shall have been duly notified of such petition the court shall proceed, as soon as may be to the hearing and determination of the case ; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. **§ 5. Process — Summoning Other Parties — Subpoenas.— When- ever it shall appear to the court before which any proceeding under section 4 of the act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district -in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. ''§ 6. Trusts, etc., Property in Transit — Forfeiture, Seizure and Condemnation. — Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section 1 of this act, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the for- feiture, seizure, and condemnation of property imported into the United States contrary to law. ''§7. Damages — Litigation — Recovery. — Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in an}- Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attor- ney's fee. ''§8. 'Person' or 'Persons' Defined. — That the word 'person,' or 'persons,' wherever used in this act shall be deemed to include cor- porations and associations existing under or authorized by the laws of either the United States, or the laws of any of the Territories, the laws of any State, or the laws of any foreign country." CARTWRIGHT ACT. (Approved March 23, 1907. Stats. 1907, p. 984.) Title. — An act to define trust and to provide for criminal penalties and civil damages, and punishment of corporations, persons, firms, and associations, or persons connected with them, and to promote free competition in commerce and all classes of business in this State. § 1. A Trust Defined — Exception. — A trust is a combination of capital, skill or acts by two or more persons, firms, partnerships, cor- porations or associations of persons, or of any two or more of them for either, any or all of the following purposes: 1. To create or carry out restrictions in trade or commerce. 2. To limit or reduce the production, or increase the price of mer- chandise or of any commodity. SHERMAN ACT CARTWRIGHT ACT. 191 3. To prevent competition in manufacturing, making, transporta- tion, sale or purchase of merchandise, produce or any commodity. 4. To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any arti- cle or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this State. 5. To make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they shall bind or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or .fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article, commodity or transportation between them or them- selves and others, so as to directly or indirectly preclude a free and un- restricted competition among themselves, or any purchasers or con- sumers in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or trans- portation of any such article or commodity, that its price might in any manner be affected. Every such trust as is defined herein is declared to be unlawful, against public policy and void, provided that no agree- ment, combination or association shall be deemed to be unlawful or within the provisions of this act, the object and business of which are to conduct its operations at a reasonable profit or to market at a rea- sonable profit those products which cannot otherwise be so marketed, provided further, that it shall not be deemed to be unlawful, or within the provisions of this act, for persons, firms, or corporations, engaged in the business of selling or manufacturing commodities of a similar or like character, to employ, form, organize or own any interest in any association, firm or corporati(m, having as its object or purpose the transportation, marketing or delivery of such commodities. [Amend- ment approved March 20, 1909. Stats. 1909, p. 593. In effect imme- diately. ] § 2. Violation of Act. — ^For a violation of any of the provisions of this act by any corporation or association mentioned herein, it shall be the duty of the Attorney General or the district attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powders exercised by such corpora- tion or association, and for the dissolution of the same under the gen- eral statutes of the State. § 21/0. Agreements Permitted. — It shall be lawful to enter into agreements or form associations or combinations, the purpose and effect of which shall be to promote, encourage or increase competition in any trade or industry, or which are in furtherance of trade. [New section approved March' 20, 1909. Stats. 1909, p. 594. In effect immediately.] § 3. Foreign Gorporations Amenable — Duty of Secretary of State. Every foreign corporation, as well as every foreign association, exer- cising dJiy of the powers, franchises or functions of a corporation in 192 hillyer's legal manual. this State, violating any of the provisions of this act, is hereby denied the right and prohibited from doing any business in this State, and it shall be the duty of the Attorney General to enforce this provision by bringing proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the license of any such corporation or association heretofore authorized by him to do business in this State. § 4. Penalty for Violation of Act. — Any violation of either or all of the provisions of this act shall be and is hereby declared a con- spiracy against trade, and any person who maj^ become engaged in any such conspiracy or take part therein, or aid or advise in its com- mission, or who shall as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates, or furnish any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than five thousand ($5,000) dollars, or be im- prisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense. § 5. What Indictment Must Set Out. — In any indictment, informa- tion or complaint for any offense named in this act, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member of, acted with or in pursuance of it, or aided or assisted in carrying out its purposes, without giving its name or de- scription, or how, when and where it was created. § 6. Prosecutions, What to Prove — Books and Papers must be Pro- duced When Ordered. — In prosecutions under this act, it shall be sufficient to prove that a trust or combination, as defined herein, ex- ists, and that the defendant belonged to it, or acted for or in connec- tion with it, without proving all the members belonged to it, or proving or producing any article of agreement, or any written instru- ment on which it may have been based; or that it was evidenced by any written instrument at all. The character of the trust or combina- tion alleged may be established by proof of its general reputation as such. In case any court of record, or in vacation any judge of said court in which is pending any civil, criminal or other action or pro- ceeding brought or prosecuted by the Attorney General or any district attorney for the violation of any of the provisions of this act or in any action or proceeding for the violation of the law of this State, against conspiracy or combination in restraint of trade so orders, no person so ordered shall be excused from attending, testifying or pro- ducing books, papers, schedules, contracts, agreements or any other document in obedience to the subpoena or under the order of such court or any commissioner or referee appointed by said court to take testimony or any notary public or other person or officer authorized by the laws of this State to take depositions when the order made by such court or judge thereof includes a witness whose deposition is being taken before such notary public or other officer on the ground or for the reason that the testimony or evidence required of him may tend to criminate him or subject him to any penalty ; but no individual CARTWRIGHT ACT. 193 shall be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, before any such court, person or officer. § 7. Penalty, After Notice by Attorney General. — Each and every firm, person, partnership, corporation, or association of persons, who shall in any manner violate any of the provisions of this act, shall be for each and every day that such violations shall be committed or continued, after due notice given by the Attorney General or any district attorney, forfeit and pay the sum of fifty ($50) dollars, which may be recovered in the name of the people of the State of California, in any county where the offense is committed, or where either of the offenders resides; and it shall be the duty of the Attorney General, or the district attorney of any county on the order of the Attorney Gen- eral to prosecute for the recovery of the same. When the action is prosecuted by the Attorney General against a corporation or associa- tion of persons, he may begin the action in the Supreme Court of the county in which defendant resides or does business. § 8. Contracts in Violation of Act Void. — That any contract or agreement in violation of the provisions of this act, shall be absolutely void and shall not be enforceable either in law or equity. § 9. Provisions Cumulative. — That the provisions hereof shall be held cumulative of each other and of all other laws in any way affect- ing them now in force in this State. § 10. Trust Certificates not Lawful. — It shall not be lawful for any person, partnership, association or corporation, or any agent thereof, to issue or to own trust certificates, or for any person, part- nership, association or corporation, agent, officer, or employee, or the directors or stockholders of any corporation, to enter into any com- bination, contract or agreement with any person or persons, corpora- tion, or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees with the intent to limit or fix the price or les- sen the production and sale of any article of commerce, use or con- sumption, or to prevent, restrict or diminish the manufacture or out- put of any such article, and any person, partnership, association or corporation that shall enter into any such combination, contract or agreement for the purpose aforesaid shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be punished by a fine not less than fifty dollars, nor more than five thousand dollars. § 11. Persons Injured in Business by Trust may Sue. — In addi- tion to the criminal and civil penalties herein provided, any person who shall be injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any court having jurisdiction thereof in the county where the de- fendant resides or is found, or any agent resides or is found, or 13 194 hillyer's legal manual. where service may be obtained, without respect to the amount in con- troversy, and to recover twofold the damages by him sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not. § 12. ''Person" Defined. — The word ''person" or "persons" when- ever used in this act, shall be deemed to include corporations, partner- ships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. § 13. Labor not a Commodity. — Labor whether skilled or unskilled is not a commodity within the meaning of this act. [New section ap- proved March 20, 1909. Stats. 1909, p. 594. In effect immediately.] UNFAIR COMPETITION ACT. (Act of June 10, 1913. In effect August 10, 1913.) § 1. Unlawful to Discriminate Between Different Sections in Sale of Commodities. — It shall be unlawful for any person, firm or cor- poration, doing business in the State of California and engaged in the production, manufacture, distribution or sale of any commodity of general use or consumption, or the product or service of any public utility, with the intent to destroy the competition of any regular established dealer in such commodity, product or service, or to pre- vent the competition of any person, firm, private corporation, or municipal or other public corporation, who or which, in good faith, intends and attempts to become such dealer, to discriminate between different sections, communities or cities or portions thereof of this State, by selling or furnishing such commodity, product or service at a lower rate in one section, community or city, or any portion thereof, than in another, after making allowance for difference, if any, in the grade, quality or quantity, and for cost differences between such places due to distance from the point of production, manufacture or distribution and expense of distribution and operation. Act Does not Prevent Competitive Rate. — ^This act is not intended to prohibit the meeting in good faith of a competitive rate, or to prevent a reasonable classification of service by public utilities for the purpose of establishing rates. The inhibition hereof against lo- cality discrimination shall embrace any scheme of special rebates, col- lateral contracts or any device of any nature whereby such discrimi- nation is, in substance or fact, effected in violation of the spirit and intent of this act. Officers Responsible. — Any person, who, either as director, officer or agent of any firm or corporation or as agent of any person, violat- ing the provisions hereof, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm or corporation for whom or which he acts. In the prosecution of any person as officer, director or agent it shall be sufficient to allege CART WRIGHT ACT — UNFAIR COMPETITION ACT. 195 and prove the unlawful intent of the person, firm or corporation for whom or which he acts. § 2. Duty of Attorney General to Prosecute. — If complaint shall be made to the Attorney General that any corporation is violating section 1 of this act, he shall investigate such complaint and if, in his opinion, sufficient grounds exist therefor, he shall prosecute an action in the name of the people of the State of California in the proper court to annul the charter or revoke the license of such cor- poration to do business in this State, as the case may be, and to perma- nently enjoin such corporation from doing business in this State; and if in such action the court shall find that such corporation is violating this act, it may enjoin said corporation from doing business in this State for such time as the court shall order, or may annul the charter, or revoke the license of such corporation, and permanently enjoin it from transacting business in the State. § 3. Illegal Contract Defined. — Any contract, express or implied, made by any person, firm or corporation in violation of the provisions of section 1 of this act for the sale or furnishing of any commodity, product or service at a rate greater than the lowest rate charged therefor by such person, firm or corporation in any other section, com- munity or city in this State, after making allowance for the cost differences between such place and the place where under the con- tract such commodity, product or service is delivered or furnished and for difference, if any, in grade, quality or quantity, is declared to be an illegal contract, and no recovery thereon shall be had. § 4. Person Injured may Maintain Action. — Any person, firm, private corporation or municipal or other public corporation, may maintain an action to enjoin a continuance of any act or acts in violation of section 1 of this act and, if injured thereby, for the re- covery of damages. If, in such action, the court shall find that the defendant is violating section 1 of this act, it shall enjoin the de- fendant from a continuance thereof; it shall not be necessary that actual damage to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action shall be entitled to recover from the defendant three times the amount of the actual dam- ages, if any, sustained. i§ 5. Penalty. — Any person, whether as principal, agent, officer or director, for himself or for another person, or for any firm or cor- poration, or any corporation, who or which shall violate section 1 of this act, is guilty of a misdemeanor and upon conviction thereof, shall, if a person, be punished by a fine of not exceeding one thousand dol- larSj or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment, and, if a corporation, by a fine of not more than five thousand dollars. § 6. Constitutionality of Act. — If any section, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed this act, and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, sentences, clauses or 196 phrases be declared unconstitutional. The remedies herein prescribed are cumulative and in addition to the remedies prescribed by the public utilities act for discriminations by public utilities. If any con- flict shall arise between this act and the public utilities act, the latter shall prevail. § 7. Purpose of Act. — The legislature declares that the purpose of this act is to safeguard the public against the creation or perpetua- tion of monopolies and to foster and encourage competition, by pro- hibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. The act shall be liberally construed that its beneficial purposes may be subserved. BANK ACT OF CALIFORNIA. ARTICLE 1. General Provisions. § 1. Short Title. — This act shall be known as the ''bank act,'' and shall be applicable to all corporations specified in the next section. § 2. ''Bank" Defined.— The word "bank" as used in this act shall be construed to mean any incorporated banking institution which shall have been incorporated to conduct the business of receiving money on deposit, or transacting a trust business as herein defined. Doing a Commercial or Savings Bank Business Defined. — The so- liciting, receiving or accepting of money or its equivalent on deposit as a regular business shall be deemed to be doing a commercial or savings bank business whether such deposit is made subject to check or is evidenced by a certificate of deposit, a pass-book, a note, a receipt or other writing; provided, that nothing herein shall apply to or include money or its equivalent left in escrow or left with an agent, pending investment in real estate or securities for or on account of his principal. . Unlawful to Engage in Banking Business Except by Corporation. — It shall be unlawful for any corporation, partnership, firm or in- dividual to engage in or transact a banking business within this State except by means of a corporation duly organized for such purpose. Cla-sses. — ^Banks are divided into the following classes: (a) Savings banks ; (b) Commercial banks; and (c) Trust companies. § 3. Formation of Banking Corporations. — Corporations may be formed by any number of natural persons, not less in any case than three, under the laws of this State to conduct, as provided in this act, and not otherwise, any one or more or all of the businesses men- tioned in divisions (a), (b), and (c) of section 2, of this act. § 4. "Savings Bank" Defined. — The term "savings bank," when used in this act, means a bank organized for the purpose of accumu- lating and loaning the funds of its members, stockholders, and de- positors, and which may loan and invest the funds thereof, receive CALIFORNIA BANK ACT. 197 deposits of money; loan, invest and collect the same with interest; and may repay depositors with or without interest, and having power to invest said funds in such property, securities and obligations as may be prescribed by this act; and to declare and pay dividends on its general deposits, and a stipulated rate of interest on deposits made for a stated period or upon special terms. § 5. ''Commercial Bank" Defined. — The term ''commercial bank," when used in this act, means any bank authorized by law to receive deposits of money, deal in commercial paper or to make loans thereon, and to lend money on real or personal property, and to discount bills, notes, or other commercial paper, and to buy and sell securities, gold and silver bullion, or foreign coins or bills of exchange. § 6. "Trust Company" Defined.— The term "trust company," when used in this act, means any corporation which is incorporated under the laws of this State for the purpose of conducting the busi- ness of acting as executor, administrator, guardian of estates, assignee, receiver, depositary or trustee under appointment of any court or by authority of any law of this State, or as trustee for any purpose per- mitted by law. § 7. Assigned Capital of Foreign Banking Corporation.— No for- eign corporation shall transact a banking business in this State with- out first complying with all the requirements of the laws of this State relative to banks as defined in this act, and without having assigned to its business in this State the amount of paid-up capital and surplus required by this act for the transaction of such business within this State. No foreign banking corporation shall transact business in this State until such corporation has made the assignment of capital re- quired by this section and has received a certificate from the super- intendent of banks. Any foreign banking corporation transacting business in this State shall become subject to the supervision of the State superintendent of banks. Every foreign banking corporation, including those which were on January second, nineteen hundred thirteen, transacting business in this State, which receives any de- posits or transacts any other banking business or transacts its busi- ness in such a manner as might lead the public to believe that its business is that of a bank shall conduct all its business in accordance with the statutes governing incorporated banking institutions organ- ized under the laws of this State. Capital Assigned to be Kept Separate.— The capital of any such foreign banking corporation assigned to its business in this State and all funds and deposits of money received by any such corporation in this State or for or in connection with its business in this State and all accounts and transactions of said business transacted by any such foreign corporation in this State shall be kept separate and' apart from the general business, assets and accounts of such foreign cor- poration in the same manner as if the business of such foreign cor- poration conducted within this State was that of a separate and in- dependent corporation organized under the laws of this State for the purpose of doing a banking business and all of the provisions of this act affecting investments, loans of money, receiving deposits and con- 198 ducting business in any respect shall be deemed to apply to Such assigned capital, investments, loans, deposits, assets, funds and busi- ness in the same manner as if such assigned capital, investments, loans, deposits, assets, funds and business were that of such separate and independent corporation. Loans Based on Entire Capital and Surplus. — Provided, that loans may be made by any such foreign corporation based on its entire paid-up capital and surplus in case such foreign corporation shall have assigned to its business in this State a paid-up capital and sur- plus as above provided equal to twenty per centum of the deposit liability of such branch agency or office to residents of this State. Funds Appropriated to Security of Deposits. — Such funds and in- vestments or loans thereof shall be appropriated solely to the security and payment of such deposits, and shall not be mingled with the in- vestments of the capital stock or other money or property belonging to such corporation or be liable for the. debts or obligations thereof. All income received from the investment of said funds over and above such funds as may be paid to depositors as interest or shall be car- ried to the surplus fund, as provided in section 21 of this act, shall accrue as profits to the corporation and may be transferred to its general funds. Appointment of Superintendent of Banks as Agent for Service of Process. — No such foreign corporation shall transact any banking business in this State until it has executed and filed with the super- intendent of banks a written instrument appointing such superintend- ent or his successor in office, its true and lawful attorney, upon whom all process issued by authority of or under any law of this State may be served, with the same effect as if such corporation was formed under the laws of this State and had been lawfully served with pro- cess therein. Duty of Superintendent on Service of Process — Fee. — Such service upon such attorney shall be deemed personal service on such corpora- tion. The superintendent of banks shall forthwith forward by mail, postage prepaid, a copy of every process served upon him under the provisions of this section, addressed to the manager or agent of such corporation, at its principal place of business in this State. For each copy of process, the superintendent of banks shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of the service, to be recovered by him as a part of his tax- able costs if he succeed in the suit or proceeding. Trust Powers Forbidden — Foreign Trust Companies may Act as Executors, etc. — No foreign corporation shall have or exercise in this State the power to receive deposits of trust moneys, securities or other personal property from any person or corporation or any of the powers specified in section 6 of this act, nor have or maintain an office in this State for the transaction of, or transact, directly or indirectly, any such or similar business, except that a trust company incorporated in another State may be appointed and may accept appointment and may act in this State as executor of or trustee under the last will and testament of any deceased person, upon giving the bond required in CALIFORNIA BANK ACT. 199 such cases of individuals unless waived by the last will and testament making such appointment and by taking and subscribing an oath for faithful performance of such trust by the president, vice-president, secretary, manager or trust officer of said corporation; provided, that similar corporations organized under the laws of this State are per- mitted by law to act as such executor or trustee in the State where such foreign corporation was organized; and Superintendent Shall be Attorney of Foreign Corporation — Executor. Provided, further, that such superintendent of banks, for the time being, shall be the attorney of such foreign corporation qualifying or acting in this State as such executor or trustee, upon whom process against such foreign corporation may be served in any action or legal proceeding against such executor or trustee affecting or relating to the estate or property represented or held by such executor or trustee, or any act or default of such foreign corporation in reference to such estate or property. Duty of Corporation so Qualifying to File Copy of Articles of In- corporation. — And it shall be the duty of any such foreign corpora- tion so qualifying or acting to file in the office of said superintendent of banks a copy of its articles of incorporation, or of the statute chartering such corporation, certified by its secretary under its cor- porate seal, together with the postoffice address of its home office, and a duly executed appointment of said superintendent of banks as its attorney to accept service of process as above provided. Superintendent to Mail Papers. — And said superintendent of banks, when any such process is served upon him, shall at once mail the papers so served to the home office of such corporation ; and No Foreign Corporation Executor to Maintain Agency — Penalty. — Provided, further, that no foreign corporation having authority to act as executor of or trustee under the last will and testament of any deceased person shall establish or maintain, directly or indirectly, any branch office or agency in this State, or shall in any way solicit, directly or indirectly, any business as executor or trustee therein, and that for any violation of this proviso, the court having jurisdiction of such executor or trustee in said proceeding may in its discretion, revoke the right of such foreign corporation thereafter to act as ex- ecutor or trustee therein. Foreign Corporation may Lend Moneys not Part of Assigned Cap- ital. — Provided, that nothing in this act shall limit or affect the right of any foreign corporation doing a banking business in this State, to lend within the State, moneys of such corporation which do not form a part of the moneys, deposits or assets of such corporation assigned or belonging to its business in this State. § 8. Papers Accompanying Application for Certificate of Au- thority. — Every corporation at the time it applies for a certificate of authority to do a banking business, must file with the superintendent of banks a certified copy of its articles of incorporation, or of the statute chartering such corporation, a certified copy of its by-laws, and also a certified copy of all instruments amending or altering such articles of incorporation or charter or by-laws. Thereafter a certified 200 hillyer's legal manual. copy of each amendment or certificate shall likewise be so filed before such instrument takes effect. There must also be filed in the office of the superintendent of banks before he shall issue his certificate a cer- tified copy of the affidavit required by section 290'a of the Civil Code. Each certification required by the provisions of this section other than that of by-laws must be by the Secretary of State. § 9. Branch Banks, Approval of. — No bank in this State, or any officer or director thereof, shall hereafter open or keep an office other than its principal place of business, without first having obtained the written approval of the superintendent of banks to the opening of such branch office, which written approval may be given or withheld in his discretion, and shall not be. given by him until he has ascertained to his satisfaction that the public convenience and advantage will be promoted by the opening of such branch office. Capital. — Provided, that no bank or any officer or director thereof, shall open or maintain any such branch office unless the capital of such bank, actually paid in, in cash, shall exceed the amount required by this act by the sum of twenty-five thousand dollars for each branch office opened and maintained. Certificate of Authority — Fee. — Every bank, before it opens a branch office, shall obtain the certificate of authority of the superintendent of banks for the opening of each of said branch offices. The applicant shall pay for such certificate a fee of fifty dollars. Collection of Savings from School Children. — Provided, however, that, in order to encourage savings among the children of the schools of this State, a bank may, with the written consent of and under regulations approved by the superintendent of banks, and, in the case of public schools, by the board of education or board of school trustees of the city or district in which the school is situated, arrange for the collection of savings from the school children by the principal or teachers of such schools or by collectors. The principal, teacher or person authorized by the bank to make collections from the school children shall be deemed to be the agent of the bank and the bank shall be liable to the pupil for all deposits made with such principal, teacher or other person, the same as if the deposits were made by the pupil directly with the bank. Penalty for Violation. — Every bank and every such officer or director violating the provisions of this section shall forfeit to the people of the State the sum of one hundred dollars for every day during which any branch office hereafter opened shall be maintained without such written approval. § 10. Qualifications of Directors. — No person shall be eligible for election as director of a bank having a capital stock unless he is a stockholder of the bank, owning, in his own right, shares thereof of the par value of at least five hundred dollars ; and every person elected to be director who, after such election, shall cease to be the owner in his own right of the amount of such stock aforesaid, or shall hypothe- cate or in any way pledge such stock as security for any loan or debt shall immediately notify the superintendent of banks in writing of such sale or hypothecation and such director may be removed from CALIFORNIA BANK ACT. 201 the office of director by the superintendent of banks. If a bank be organized without capital stock, no person shall be eligible as a director thereof unless he is both a member and a depositor of such bank. § 11. Meetings — Oath. — The board of directors of a bank must hold a meeting at least once a month. Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such bank, and will not knowingly violate or willfully permit to be violated any of the provisions of law applicable to such bank, and that he is the owner in good faith and in his own right of shares of stock of the par value required by section ten of this act, subscribed by him or standing in his name on the books of the bank, and that the same to an amount equal to the par value of at least five hundred dollars, are not hypothe- cated or in any way pledged as security for any loan or debt. Such oath shall be subscribed by the director making it, certified by the officer before whom it is taken, and immediately transmitted to the superintendent of banks and filed and preserved in his office. § 12. Acts Forbidden to Those not Required to Report to Super- intendent. — No person, firm, company, copartnership or corporation, either domestic or foreign, not subject to the supervision of the super- intendent of banks, and not required, by the provisions of this act, to report to him, and which has not received a certificate to do a bank- ing business from the superintendent of banks, shall advertise ihat he or it is receiving or accepting money or savings, and issuing notes or certificates of deposit therefor, or shall make use of any office sign, at the place where such business is transacted, having thereon any artificial or corporate name, or other words indicating that such place or office is the place or office of a bank or trust company, that deposits are received there or payments made on check, or any other form of banking business transacted, nor shall any such person or persons, firm, company, copartnership or corporation, domestic or foreign, make use of or circulate any letter-heads, billheads, blank notes, blank receipts, certificates or circulars, or any written or printed, or partly written and partly printed, paper, whatever, having thereon any arti- ficial or corporate name or other word or words indicating that such business is the business of a bank, savings bank or trust company; nor shall any person, firm, company, copartnership or corporation, or any agent of a foreign corporation not having an established place of business in this State, solicit or receive deposits or transact business in the way or manner of a bank, savings bank or trust company, or in such a way or manner as to lead the public to believe that its business is that of a bank, savings bank or trust company. Nor shall any per- son, firm, company, copartnership or corporation, domestic or foreign, not subject to the supervision of the superintendent of banks, and not required by the provisions of this act to report to him, and which has not received from the superintendent of banks a certificate to do a banking business, hereafter transact business under any name or title which contains the word ''bank," or "banker," or ''banking," or "savings bank," or "savings" or "trust" or "trustee" or "trust company"; 202 Certain Building and Loan Associations Excepted. — Provided, that this section shall not apply to the corporate name of any building and loan association now or heretofore doing business in this State ; and provided, further, that any such association having in its corporate name words not clearly indicating the nature of its business shall, on all signs, letter-heads and advertising matter, state "This is a building and loan association," or words to that effect. Acts Permitted to Building and Loan Associations. — And provided, further, that any building and loan association may borrow money, issue investment certificates or evidences of indebtedness, stating the rate of interest and terms and conditions of repayment, and do such other business as may be authorized by the laws of the State relating to building and loan associations ; and provided, further, that no such association shall advertise or hold itself out to the public as a savings bank. Penalty for Violation. — Any person, firm, company, copartnership or corporation, domestic or foreign, violating any provision of this sec- tion shall forfeit to the State one hundred dollars a day for every day or part thereof during which such violation continues. Injunction. — Upon action brought by the superintendent of banks the court may issue an injunction restraining any such person, firm, company, copartnership or corporation from further using such words in viola'tion of the provisions of this section or from further transact- ing business in such a way or manner as to lead the public to believe that its business is that of a bank, savings bank or trust company dur- ing the pendency of such action and for all time and may make such other order or decree as equity and justice may require. § 12a. Every Person or Corporation Doing Certain Acts Enumerated must Comply With Bank Act. — Every person, firm, company, copart- nership or corporation, domestic or foreign, advertising that he or it is receiving or accepting money or savings, and issuing notes or certifi- cates of deposit therefor, or advertising that he or it is transacting the business of a bank, savings bank or trust company, or making use of any office sign at the place where such business is transacted, hav- ing thereon any artificial or corporate name, or other words indicating that such place or office is the place or office of a bank, or trust com- pany, or that deposits are received there or payments made on check, or that interest is paid on deposits, or that certificates of deposit, either with or without interest are being issued, or that any other form of banking business is transacted, and every person, firm, company, co- partnership or corporation, domestic or foreign, making use of or cir- culating any letter-heads, billheads, blank notes, blank receipts, cer- tificates or circulars, or any written or printed, or partly written and partly printed, paper, whatever, having thereon any artificial or cor- porate name, or advertising that such business is the business of a bank, savings bank or trust company, must have the proper capital stock paid in and set aside for the purpose of transacting such busi- ness, and must have received from the superintendent of banks, as provided for in this act, a certificate to do a banking business. CALIFORNIA BANK ACT. 203 Penalty for Violation. — Any person, firm, company, copartnership or corporation, domestic or foreign, violating any provision of this section shall forfeit to the State one hundred dollars a day for every day or part thereof during which such violation continues. Injunction. — Upon action brought by the superintendent of banks the court may issue an injunction restraining any such person, firm, company, copartnership or corporation from further violating any provision of this section, and may make such further order or decree as equity and justice may require. Authority to Examine. — Every person, firm, company, copartner- ship or corporation doing any of the things or transacting any of the business defined in this section, must transact such business according to the provisions of the bank act, and the superintendent of banks or his deputy or examiners shall have authority to examine the accounts, books and papers of every such person, firm, company, copartnership or corporation, domestic or foreign, in order to ascertain whether such person, firm, company, copartnership or corporation has violated or is violating any provisions of this section. Exception as to Building and Loan Associations. — Provided, that this section shall not apply to the corporate name of any building and loan association now or heretofore doing business in this State; and provided, further, that any such association having in its corporate name words not clearly indicating the nature of its business shall, on all signs, letter-heads and advertising matter, state: "This is a build- ing and loan association," or words to that effect; and provided, fur- ther, that any building and loan association may borrow money, issue investment certificates or evidences of indebtedness, stating the rate of interest and terms and conditions of repayment, and do such other business as may be authorized by the laws of the State relating to building and loan associations; and provided, further, that no such association shall advertise or hold itself out to the public as a savings bank. § 12b. Previously Admitted Foreign "Life Insurance and Trust Companies." — Nothing in this act shall be construed or held to apply to any corporation organized under the laws of any other State which is authorized by its charter or articles of incorporation to transact the business of life insurance and also to be known as and to transact busi- ness as a trust company and which shall have complied with the laws of this State affecting the transaction in this State of the business of life insurance by a foreign corporation and which shall have heretofore engaged in such business of life insurance in this State, in such manner as to forbid or prevent its making use of its corporate title in its life insurance business in this State in any such way and to any such extent as it might have made use of the same if this act had not been passed. § 12c. Certain Foreign Corporations not Engaged in Banking may Lend Money. — Any corporation organized under the laws of any country or State other than this State which has complied with all of the laws of this State pertaining to foreign corporations and is not engaged in the business of banking or receiving money on deposit in this State may lend money in this State and, for that purpose, may 204 maintain ofifices in this State, and sue and be sued in this State under its proper corporate name, notwithstanding any prohibitions contained in this act as to the use of any words in the name, signs or advertis- ing matter of corporations not under the supervision of the super- intendent of banks. § 13. [Repealed 1913.] § 14. Advertisement of Capital Stock — Statement. — No bank, or officer thereof, shall advertise in any manner, or publish any statement of the capital authorized or subscribed, unless it or he advertise and publish in connection therewith, the amount of capital actuall}^ paid up. No bank shall publish a statement of its resources or liabilities in connection with those of any other bank, unless such statement shall show the resources and liabilities of each bank separately; nor shall surplus and undivided profits be advertised as an aggregate. § 15. Unclaimed Deposits. — All amounts of money heretofore or hereafter deposited with any bank to the credit of depositors who have not made a deposit on said account or withdrawn any part thereof or the interest, and which shall have remained unclaimed for more than twenty years after the date of such deposit, or withdrawal of any part of principal or interest, and for which no claimant is known or the depositor cannot be found, shall, with the increase and proceeds thereof, be deposited with the State treasurer in the same manner and subject to the same distribution as provided for in section 1234 of the Code of Civil Procedure. Annual Statement of Unclaimed Deposits, and Deceased Deposit- ors. — The president or managing officer of every bank must, within fifteen days after the first day of January of every year, return to the superintendent of banks a sworn statement showing the names of de- positors known to be dead, or who have not made further deposits, or withdrawn any moneys during the preceding twenty years and at the same time it shall be the duty of the president or managing officer of every bank to furnish to the State controller a list of the names of all depositors to whom said moneys belong or to whom said bank owes the same. Such statement shall show in detail the following mat- ters, viz. : First — The name and last know^n place of residence or postoffice ad- dress of the person making such deposit ; Second — ^^The amount and date of such deposit and whether the same are in moneys or securities, and if the latter, the nature of the same; Third — The interest due on such deposit, if any, and the amount thereof; Fourth — The sum total of such deposit, together with the interest added thereto due from such bank on account of such deposit or deposits and interest thereon to such depositor, but nothing contained herein shall require any corporation or person renting lock boxes or safes in vaults for storage purposes to open or report concerning prop- erty stored therein. Such report itemized as aforesaid shall be signed by the person making the same and shall be sworn to before a person competent to administer oaths as a full, complete and truthful state- ment of each of the items therein contained. CALIFORNIA BANK ACT. 205 Biennial Statement. — The president or managing officer of every bank must, within fifteen days after the first day of January of every odd-numbered year, return to the superintendent of banks a sworn statement showing the names of depositors known to be dead, or who have not made further deposits, or withdrawn any moneys during the preceding ten years. Such statements shall show the amount of the account, the depositor's last known place of residence or postoffice address, and the fact of death, if known to such president or manag- ing officer. Publication of Biennial Statement. — Such president or managing officer must give notice of these deposits in one or more newspapers published in or nearest to the town or city where such bank has its principal place of business, at least once a week for four consecutive weeks, the cost of such publication to be paid pro rata out of such unclaimed deposits. Certain Deposits to be Omitted. — This section does not apply to any deposit made by or in the name of a person known to the president or managing officer to be living, or which, with the accumulation there- on, is less than fifty dollars. The superintendent of banks must in- corporate in his subsequent report such returns made to him as pro- vided in this section. Penalty for Default. — If any president or managing officer of any bank neglects or refuses to make the sworn statement required by this section, such bank shall forfeit to the State of California the sum of one hundred dollars a day for each day such default shall con- tinue. Any president or managing officer of any bank who violates any of the provisions of this section shall forfeit to the State of Cali- fornia the sum of one hundred dollars a day for each and every day such violation shall continue. Unclaimed Deposits in Transferred and Consolidated Bank. — For the purposes of this section all deposits received by any bank under the provisions of section 31 or section 31a of this act shall be deemed to have been deposited with such bank at the time the deposit was made with the bank from which the deposit was transferred; Deposit With State Treasurer. — Provided, that any bank which shall make any deposit with the State Treasurer in conformity with the pro- visions of this section shall not thereafter be liable to any person for the same and any action which may be brought by any person against any bank for moneys so deposited with the State Treasurer shall be defended by the Attorney General without costs to such bank. § 16. Deposit of Married Woman or Minor. — When any deposit with a bank shall be made by or in the name of any married woman or minor, the same shall be held for the exclusive right and benefit of such depositor, and free from the control or lien of all other persons, except creditors, and shall be paid, together with the dividends, if any, and interest, if any, thereon to the person in whose name deposits shall have been made, and the receipt or acquittance of such minor shall be a valid and sufficient release and discharge for such deposit, or any part thereof, to the bank. 206 hillyer's legal manual. Deposit in Trust for Another;— When any deposit with a bank shall be made by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust shall have been given in writing to such bank, in the event of the death of the trustee, the same or any part thereof, together with the dividends or interest, if any, thereon, may be paid to the person for whom the de- posit was made. Deposit by Joint Tenants.— When a deposit with a bank shall be made by any person in the names of such depositor and another person or persons, and in form to be paid to either or the survivor or survivors of them, such deposit thereupon and any additions thereto made by either of such persons upon the making thereof, shall become the prop- erty of such person as joint tenants, and the same, together with all interest thereon, shall be held for the exclusive use of the persons so named, and may be paid to either during the lifetime of all or any or to the survivor or survivors after the death of one or more of them, and such payments and the receipt or acquittance of the one to whom such paj^ment is made shall be valid and sufficient release and dis- charge to said bank for all payments made on account of such deposit. Deposits Under Five Hundred Dollars Paid Without Administra- tion. — The surviving husband or wife or the guardian of the estate of any insane or incompetent husband or wife of any deceased person, or, if no husband or wife is living, then the children or the guardian of the estates of any minor or insane or incompetent children of said decedent, or, if no children are living, then the father or mother or guardian of the estate of any insane or incompetent father or mother of such decedent, and if neither the father or mother is living, then the brothers and sisters or the guardian of the estates of any minor or insane or incompetent brothers and sisters of such decedent, may, without procuring letters of administration, collect of any bank any sum which said deceased may have left on deposit in such bank at the time of his or her death; provided, such deposit shall not exceed the sum of five hundred dollars. Affidavit and Receipt of Affiant. — Any bank, upon receiving an affidavit stating that said depositor is dead, and that affiant is the sur- viving husband or wife or the guardian of the estate of an insane or incompetent surviving husband or wife, as the case may be, of said decedent, or stating that decedent left no husband or wife, and that affiant is, or affiants are, the children, or the guardians of the estates of the minor, insane or incompetent children, as the case may be, of said decedent, or stating that decedent left neither husband, wife nor children, and that affiant is the father or mother, or the guardian of the estate of the insane or incompetent father or mother, as the case may be, of said decedent, or stating that the decedent left neither hus- band, wife, children, father nor mother, and that affiants are the brothers and sisters or the guardians of the estates of the minor, in- sane or incompetent brothers and sisters, as the case may be, of said decedent, and that the whole amount that decedent left on deposit in any and all banks of deposit of this State, does not exceed the sum of five hundred dollars, may pay to said affiant or affiants, any deposit CALIFORNIA BANK ACT. 207 of said decedent, if the same does not exceed the sum of five hundred dollars, and the receipt of such affiant is sufficient acquittance therefor. Letters of Guardianship. — Provided, however, that whenever the affidavit herein mentioned is made by any guardian it shall be accom- panied by a certified copy of the letters of guardianship issued to such guardian attached to a certificate of the clerk of the court having ap- pointed such guardian to the effect that the said letters of guardian- ship have not been revoked. § 17. List of Stockholders and Notice Showing Directors and Stock Held. — Every bank now in existence or hereafter organized shall keep in its offices, in a place accessible to the stockholders, depositors, and creditors thereof, and for their use, a book containing a list of stockholders in such corporation, and the number of shares of stock held by each; and every such bank shall keep posted in its office, in a conspicuous place, accessible to the public generally, a notice signed by the president or secretary, showing : 1. The names of the directors of such bank. 2. The number and the par value of the shares of stock held by each director. The entries on such book and such notice shall be made and posted within twenty-four hours after any transfer of stock, and shall be prima facie evidence against each director and stockholder of the number of shares of stock held by each. § 18. [Repealed 1913.] § 19. Aggregate of Paid-up Capital and S^urplus. — The aggregate of paid-up capital together with the surplus, of every commercial bank, must equal ten per centum of its deposit liabilities ; such deposit liabilities shall not be increased when such proportion of paid-up capital and surplus is wanting, and in no event shall said paid-up capital be less than the minimum paid-up capital provided by this act. Paid-up Capital, Surplus and Reserve Fund of Savings Bank. — Pro- vided, however, that the aggregate of paid-up capital and surplus of every savings bank having a capital stock, and the reserve fund of every savings bank without a capital stock, must equal the following percentages of its deposit liabilities : (a) Ten per centum of any amount up to and including tw^o million dollars. (b) Seven and one-half per centum of any amount in excess of two million dollars up to and including five million dollars. (c) Five per centum of any amount in excess of five million dollars up to and including fifteen million dollars. (d) Two and one-half per centum of any amount in excess of fif- teen million dollars up to and including forty million dollars. (e) One per centum of any amount in excess of forty million dol- lars. The deposits shall not be increased if such proportion of paid-up cp^^i+al and surplus or reserve fund to deposit liabilities is not main- tained. ■ I , 208 hillyer's legal manual. § 20. Depositary Bank Reserve. — Every commercial bank receiv- ing deposits as a depositary bank of other banks shall have at all times as its lawful money reserve an amount equal to twenty per centum of the aggregate amount of its deposits. Two-fifths of such reserve shall be in its own keeping in lawful money of the United States, or gold certificates or silver certificates of the United States.. The remaining three-fifths thereof may consist of moneys on deposit subject to call with any bank or banks in this State other than a sav- ings bank; or one-half of such three-fifths or any less portion thereof may consist of moneys on deposit subject to call with any bank or banks in the cities of New York, Chicago or St. Louis, other than a savings bank, and the balance of such three-fifths, of moneys on de- posit subject to call with any bank or banks in this State other than a savings bank. Reserve of Nondepositary Banks. — Every commercial bank not re- ceiving deposits as a depositary bank of other banks shall have at all times as its lawful money reserve, an amount equal to fifteen per centum of the aggregate amount of its deposits. Two-fifths of such reserve shall be in its own keeping in lawful money of the United States, or gold certificates or silver certificates of the United States. The remaining three-fifths thereof may consist of moneys on deposit subject to call with any bank or banks in this State other than a savings bank; or, one-half of such three-fifths or any less portion thereof may consist of moneys on deposit subject to call with any bank or banks in the cities of New York, Chicago or St. Louis, other than a savings bank, and the balance of such three-fifths, of moneys on deposit subject to call with any bank or banks in this State other than a savings bank. Impaired Reserve. — If the lawful money reserve of any bank shall be less than the amount required by this section, such bank shall not increase its liabilities by making any new loans or discounts, other- wise than by discounting bills of exchange on sight, or by paying any dividends from profits until the full amount of its lawful money reserve has been restored. Notice to Restore. — The superintendent of banks may notify any bank whose lawful money reserve shall be below the amount herein required, to restore such reserve ; and, if it shall fail for thirty days thereafter to restore such lawful money reserve, such bank shall be deemed insolvent and may be proceeded against under the provisions of this act; provided, that all deposits of money herein permitted or required shall comply with the provisions of section 43 of this act. § 21. Dividends. — The directors of any bank having a capital stock may, at certain times, and in such manner as its by-laws pre- scribe, declare and pay dividends to depositors and stockholders of so much of the profits of the bank, and of the interest arising from the capital, surplus and deposits, as may be appropriated for that purpose under its by-laws or under its agreements with depositors. Surplus. — ^But every such bank shall, before the declaration of any such dividend, carry at least one-tenth part of the net profits of the stockholders for the preceding half year, or for such period as is CALIFORNIA BANK ACT. 209 covered by the dividend, to its surplus, until such surplus shall amount to twenty-five per centum of its paid-up capital stock. Surplus may be Canverted into Capital. — The whole or any part of such surplus, if held as the exclusive property of the stockholders, may at any time be converted into paid in capital, in which event such surplus shall be restored in the manner above provided until it amounts to twenty-five per centum of the aggregate paid-up capital stock. Losses. — Subject to the provisions of section 19 of this act, any losses sustained by any such bank in excess of its undivided profits may be charged to and paid from its surplus, in which event such surplus shall be restored in the manner above provided, to the amount required by law; provided, however, that any bank which has in- vested any portion of its surplus in its bank premises, furniture and fixtures, vaults, or safe deposit vaults, and boxes necessary or proper to carry on its banking business shall not be permitted to charge any loss to that portion of its surplus so invested. A larger surplus may be created and nothing herein contained shall be construed as pro- hibitory thereof. The capital and assets of anj^ such bank are a security to depositors and stockholders, depositors having the priority of security over stockholders. § 21a. Preference. — No bank, banker, or bank officer, shall give preference to any depositor or creditor by pledging the assets of the bank as collateral security, except as otherwise authorized by law; provided that any commercial bank, or commercial department of a departmental bank, may borrow money for temporary purposes, and may pledge assets of said commercial bank, or commercial depart- ment of said departmental bank, not exceeding fifty per centum in excess of the amount borrowed, as collateral security therefor. Public Moneys not Construed as Borrowed Money. — ^Provided, that any public moneys, or postal savings moneys, deposited with any such bank under any provision of law, shall not be construed as ''bor- rowed money" within the meaning of this section. Restriction on Borrowing Power. — No bank shall at any time, with- out permission of the superintendent of banks, borrow an amount exceeding the amount of its paid-up capital stock and surplus at such time actually paid in and remaining undiminished by losses or other- wise. Partial Pajnnents upon Certificate of Deposit. — No bank shall make partial payments upon any certificate of deposit. Nonadmitted Assets. — In no case shall an overdraft of more than ninety days standing be allowed as an asset of any bank. Any debt due to any commercial bank, on which interest is past due and unpaid for the period of one year, unless the same is well secured, and is in process of collection, shall be considered a bad debt and shall be charged off to the profit and loss account at the expiration of that time. § 22. Bank may Combine Business of Bank and Trust Company but not Title Insurance. — Any corporation authorized by its articles of incorporation so to do, may combine the business of a commercial bank and savings bank and trust company, or any one or more or all 14 210 hillyer's legal manual. of them ; provided, that no corporation authorized to transact a trust business and which is also organized to engage in the business of title insurance, shall engage in or combine the business of a commercial bank or savings bank. § 23. Departmental Business — Segregation of Capital and Surplus. When a bank desires to do a departmental business, it shall first ob- tain the consent of the superintendent of banks, and in its application therefor, file a statement making a segregation of its capital and sur- plus for each department. Such capital and surplus, when so appor- tioned and approved by the superintendent of banks, shall be con- sidered and treated as the separate capital and surplus of such department as if each department was a separate bank. Thereafter a bank may, from time to time, with the previous consent and ap- proval of the superintendent of banks and subject to the provisions of section 19 of this act, change any segregation and apportionment of capital and surplus previously made and make a new segregation and apportionment of its capital and surplus. Capital Stock of Departmental Banks. — Every bank hereafter or- ganized doing a departmental business shall have paid up, in cash, capital stock as follows: (a) Population 5,000. — In any locality in which the population does not exceed five thousand persons, not less than twenty-five thousand dollars if it transacts both a commercial and savings business, or not less than one hundred twenty-five thousand dollars, if it transacts both a commercial and trust business, or not less than one hundred twenty- five thousand dollars if it transacts both a savings and trust business and not less than one hundred twenty-five thousand dollars if it trans- acts a commercial, savings and trust business. (b) Population More than 5,000, not Exceeding 25,000. — In any city in which the population is more than five thousand persons, but does not exceed twenty-five thousand persons, not less than fifty thousand dollars if it transacts both a commercial and savings business, or not less than one hundred fifty thousand dollars if it transacts both a commercial and trust business, or not less than one hundred fifty thousand dollars if it transacts both a savings and trust business, and not less than one hundred fifty thousand dollars if it transacts a commercial, savings and trust business. (c) Population More Than 25,000, not Exceeding 100,000.— In any city in which the population is more than 25,000 persons but does not exceed one hundred thousand persons, not less than one hundred thou- sand dollars, if it transacts both a savings and trust business, and not less than two hundred thousand dollars if it transacts both a commer- cial and trust business, or not less than two hundred thousand dollars if it transacts both a savings and trust business, and not less than two hundred thousand dollars if it transacts a commercial, savings and trust business. (d) Population More Than 100,000, not Exceeding 200,000.— In any city in which the population is more than one hundred thousand per- sons but does not exceed two hundred thousand persons, not less than two hundred thousand dollars, if it transacts both a commercial and CALIFORNIA BANK ACT. 211 savings business, or not less than four hundred thousand dollars if it transacts both a commercial and trust business, or not less than four hundred thousand dollars if it transacts both a savings and trust busi- ness, and not less than four hundred thousand dollars if it transacts a commercial, savings and trust business. (e) Population Exceeding 200,000.— In any city in which the popu- lation exceeds two hundred thousand persons, not less than three hun- dred thousand dollars if it transacts both a commercial and savings business, or not less than five hundred thousand dollars if it transacts both a commercial and trust business, or not less than five hundred thousand dollars if it transacts both a savings and trust business, and not less than five hundred thousand dollars if it transacts a commer- cial, savings and trust business. Excepted Banks. — The foregoing classification shall not apply to any bank already in existence which has received from the superin- tendent of banks a certificate to do a banking business; nor to any bank the location of which shall have been included by annexation or consolidation within the limits of a city of a class requiring a larger capitalization, but no bank thus excepted shall be permitted to estab- lish any new branch office as provided in section 9 of this act or to remove its place of business from the original limits of the city or township wherein it was located prior to such annexation or consolida- tion until it shall have the capital required of banks in such city not within said exception. Such excepted banks may not in any case decrease their capital stock but may increase the same in the manner provided by law to an amount either greater or less than that re- quired of banks in such city not within said exception. The capital stock referred to herein shall be increased from time to time and to the same extent as provided for in section 19 of this act. Population — How Determined. — For the purposes of this act, the population shown and determined by the last preceding federal census, or any subsequent census compiled and certified under any law of this State, shall be deemed to be the population of any city in which any such bank is to be organized. If the principal place of business of any bank so organized is located outside of the corporate limits of any city, then the population of that portion of the judicial township in which said bank is to have its principal place of business, which is not included within the boundaries of any municipal corporation, as such population is shown and determined by such federal or subse- quent official census, shall be the basis for classification under the provisions of this act. § 24. Certificate for Each Department — Fee. — Every bank, before it commences to do business or before it opens a new department and commences to transact business in or under such new department, shall obtain the certificate of the superintendent of banks for the opening of each of the departments specified. Each certificate herein provided for shall be given when the superintendent shall, by the ex- amination required by this act, have satisfied himself that the proper amount of cash has been paid in as capital and the provisions of this act complied with. The applicant shall pay for the certificate for each department a fee of fifty dollars. 212 hillyer's legal manual. § 25. Department Reserve.— Every bank shall maintain for each department a lawful money reserve equal in amount to that required by this act for the respective business conducted, and shall keep separate and distinct the lawful money reserve of any department from that of any other department. Deposits of Departments.— And all deposits made with other banks, whether temporary or otherwise, shall be assets of the respective de- partments by which they were made, and shall be so carried on the books of such other banks, and shall be repaid only upon the order of the department to whose credit they stand. No department shall receive deposits of any other department of the same corporation; except that a trust department may make deposits of trust or any other funds under its control with the commercial or savings depart- ment of the same corporation. Transfer from One Department to Another. — Provided, however, that any bank having departments shall have the right to sell and transfer any bonds, securities or loans from one department to another upon receipt of the actual value thereof, if such bonds, securities or loans are, under the provisions of this act, a legal investment for the department purchasing the same. § 26. Books of Account for Each Department. — ^Every bank hav- ing different departments shall keep separate books of account for each department of its business, and shall be governed as to all de- posits, reserves, investments and transactions relating to each depart- ment by the provisions in this act specifically provided for the re- spective kind of business. Investments. — It shall keep all investments relating to the savings department entirely separate and apart from the investments of its other department or departments. All Departments — One Building — ^Cash, Securities and Property of Departments not to be Mingled. — Every bank shall conduct the busi- ness of all its departments in one building, or in adjoining buildings, and shall keep entirely separate and apart in each department the cash, securities and property belonging to such department, and shall not mingle the cash, securities and property of one department with that of another § 27. Assets Held Solely for Depositors of Each Department. — All money and assets belonging to each department, whether on hand or with other banks, and the investments made, shall be held solely for the repayment of the depositors and other claimants of each such depart- ment, as herein provided, until all depositors and other claimants of each such department shall have been paid, and the overplus then remaining shall be applied to any other liabilities of such bank. § 28. Bank must Use Word ' ' Savings, " " Trust " or ' ' Commercial. ' ' Every bank in this State must, on all its window signs and in advertis- ing, and on letter-heads and other stationery on which its business is transacted, use the word ''savings" if it conducts a savings business, or the word ''trust" if it conducts a trust business, and the word "commercial" if it conducts a commercial business. CALIFORNIA BANK ACT. 213 § 29. Mutual Banks may Issue Capital Stock How. — ^Every cor- poration heretofore created under the laws of this State, doing a banking business therein, and which has no capital stock, may elect to have a capital stock, and may issue certificates of stock therefor, in the same manner as corporations formed under the provisions of part IV, title I, chapter I, article I, of the Civil Code, relating to the formation of corporations; provided, that no such corporation shall use or convert any moneys or funds theretofore belonging to it, or under its control, into capital stock; but such funds or moneys must be held and managed only for the purposes and in the manner for which they were created. Call for Meeting. — Before such change is made, a majority of the members of such corporation present at a meeting called for the pur- pose of considering the proposition whether it is best to have a capital stock, its amount, and the number of shares into which it shall be divided, must vote in favor of having a capital stock, fix the amount thereof, and the number of shares into which it shall be divided. Notice of Time and Place. — Notice of the time and place of holding such meeting, and its object, must be given by the president of such corporation by mailing notice of such meeting to each member of such corporation at his last Imown postoffice address at least ten days prior to the day fixed for such meeting, and by publication in some newspaper printed and published in the county, or city and county, in which the principal place of business of the corporation is situated, at least once a week for three successive weeks prior to the holding of the meeting. Certificate of Proceedings. — A copy of the proceedings of this meet- ing, giving the number of persons present, the votes taken, the notice calling the meeting, the proof of its publication, the amount of capital actually subscribed, and by whom, all duly certified by the president and secretary of the corporation, must be filed in the office of the Secre- tary of State and clerk of the county where the articles of incorpora- tion are filed. Thereafter such corporation is possessed of all the rights and powers, and is subject to all the obligations, restrictions, and limita- tions, as if it had been originally created with a capital stock. § 30. Safe Deposit Department. — Any bank may conduct a safe deposit department, but shall not invest more than one-tenth of its capital and surplus in such safe deposit department. § 31. Sale of Business. — Any bank may sell the whole of its busi- ness or the whole of the business of any of its departments to any other bank which may purchase such business after obtaining the consent of the stockholders of the selling and of the purchasing banks holding of record at least two-thirds of the issued capital stock of each of such corporations; such consent to be expressed either in writing executed and acknowledged by such stockholders and attached to the instrument of sale, or to a copy thereof, or by a vote at a stockholders' meeting of each of such banks called for that purpose. Agreement of Sale and Purchase.— The selling and purchasing banks must for such purposes enter into an agreement of sale and pur- chase, which agreement shall contain all the terms and conditions con- 214 hillyer's legal manual. nected with such sale and purchase. Such agreement shall contain proper provision for the payment of liabilities of the selling bank or of the department sold, and in this particular shall be subject to the approval of the superintendent of banks; and shall not be valid until such approval is obtained. Such agreement may contain provisions for the transfer of all deposits to the purchasing bank, subject, how- ever, to the right of every depositor of the selling bank to withdraw his deposit in full on demand after such transfer, irrespective of the terms under which it was deposited with the selling bank. Rights of Creditors, Depositors, Trustees and Beneficiaries of Trusts. The rights of creditors of the selling bank shall not in any manner be impaired by any such sale, nor shall any liability or obligation for the payment of any money due or to become due, or any claim or demand, in any manner, or for any cause existing against such selling bank or against any stockholder thereof, be in any manner released or impaired, and all the rights, obligations and relations of all the parties, creditors, depositors, trustees and beneficiaries of trusts shall remain unimpaired by the sale, but such bank to which the other shall sell all its business or all the business of any of its departments, shall succeed to all such relations, obligations, trusts and liabilities and be held liable to pay and discharge all such debts and liabilities and to perform all such trusts of the selling bank in the same manner as if such bank to which the other had sold had itself incurred the obligation or liability or as- sumed the relation of trust, and the stockholders of the respective cor- porations so entering into such agreement shall continue subject to all the liabilities, claims and demands existing against them as such at or before such sale. Notice. — Immediately after the execution of such agreement of sale and purchase notice thereof shall be published for at least four succes- sive weeks in a newspaper in each of the counties of the State in which either of such banks shall have its principal place of business. Limitation of Action. — Provided, however, that no action can be brought against such selling bank or any of its stockholders on account of an^ deposits so transferred after the expiration of one year from the last day of publication herein required. Affidavit Showing Publication. — An affidavit showing such publica- tion shall be filed in the office of the superintendent of banks within ten days after the last publication thereof. The affairs of such sell- ing bank, or selling department of a bank, shall remain subject to the provisions of this act. § 31a. Consolidation. — Any bank incorporated under the laws of this State may consolidate with one or more banks incorporated under the laws of this State, its capital stock, properties, trusts, claims, demands, contracts, agreements, obligations, debts, liabilities and assets of every kind and description, upon such terms and in such manner as may be agreed upon by their respective boards of directors, a copy of which agreement must be filed in the office of the superin- tendent of banks. Approval of Superintendent. — Provided, that such agreement shall be subject to the approval of the superintendent of banks and shall not be valid until such approval be obtained. CALIFORNIA BANK ACT. 215 Ratification. — Provided, further, that no such consolidation shall take effect until such agreement shall have been ratified and confirmed in writing by the stockholders of the respective banks holding of record at least two-thirds of the issued capital stock of their re- spective banks, or such agreement may be submitted to the stock- holders of each of such corporations at a meeting thereof to be called, upon notice specifying the time, place and object thereof, addressed to each stockholder at his last known postoffice address and deposited in the postoffice, postage prepaid, at least two weeks prior to the date fixed for said meeting, and published for at least two successive weeks, prior to the date of said meeting, in a newspaper in each of the counties of the State in which any of such banks shall have its principal place of business, and if such agreement shall be approved at each of such meetings of the respective stockholders separately by the vote or ballot of the stockholders owning at least two-thirds of the stock of each such bank, the same shall be the agreement of such banks. Articles of Incorporation and Consolidation. — In case of such con- solidation "articles of incorporation and consolidation" must be pre- pared, setting forth: First — The name of the new corporation; Second — The purpose for which it is formed ; Third — The place where its principal business is to be transacted; Fourth^The term for which it is to exist, which shall not exceed fifty years; Fifth — The number of its directors (which shall not be less than three) and the names and residences of the persons appointed to act as such until their successors are elected and qualified ; Sixth — The amount of its capital stock and the number of shares into which it is divided; Seventh — The amount of stock actually subscribed, and by whom; Eighth — The names of the constituent corporations. Articles must be Signed and Sealed. — Said articles of incorporation and consolidation must be signed and countersigned by the president and secretary of each constituent corporation and sealed with their corporate seals. Approval of Superintendent and Memoranda of Ratification. — There must be annexed thereto the approval of the superintendent of banks and memoranda of the ratification and confirmation thereof by the stockholders of each constituent corporation, which must be respectively signed and acknowledged by stockholders representing at least two-thirds of the capital stock of their respective corpora- tions. Filing. — When completed as aforesaid articles must be filed in the office of the county clerk of the county in which is located the prin- cipal place of business of the new corporation, and a copy of the arti- cles of incorporation and consolidation certified by such county clerk must be filed in the office of the Secretary of State, and a copy of the articles of incorporation and consolidation certified by said Secretary of State must be filed in the office of the superintendent of banks, and 216 hillyer's legal manual. also in the office of the county clerk of any county in which were filed the original articles of incorporation of either of the constituent cor- porations. Efifect of Consolidation. — And thereupon each constituent corpora- tion named therein must be deemed and held to have become extinct in all courts and places, and said new corporation must be deemed and held in all courts and places to have succeeded to all their several capital stocks, properties, trusts, claims, demands, contracts, agree- ments, assets, choses and rights in action of every kind and descrip- tion, both at law and in equity, and to be entitled to possess, enjoy, and enforce the same and every thereof, as fully and completely as either and every of its constituents might have done had no con- solidation taken place. Said consolidated or new corporation must also, in all courts and places, be deemed and held to have become subrogated to its several constituents and each thereof, in respect to all their contracts and agreements with other parties, and all their debts, obligations, and liabilities, of every kind and nature, to any persons, corporations, or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and be sued in its own name in any and every case in which any or either of its constituents might have sued or might have been sued at law or in equity had no such consolidation been made. Obligation of Contracts not Impaired by Consolidation. — Nothing in this section contained shall be construed to impair the obligation of any contract to which any of such constituents were parties at the date of such consolidation. All such contracts may be enforced by action or suit, as the case may be, against the consolidated cor- poration, and satisfaction obtained out of the property which, at the date of the consolidation, belonged to the constituent which was a party to the contract in action or suit, as well as out of any other property belonging to the consolidated corporation, and the stock- holders of each constituent corporation so entering into such agree- ment shall continue subject to all the liabilities, claims and demands existing against them at or before such consolidation to the same ex- tent as if the same had not been made. Right of New Corporation to Effect any Organic Change. — The right of said new corporation to increase or decrease its capital stock, to change the number of its directors, to amend its articles of incor- poration, to change its principal place of business, or its name, or to effect any other organic change shall be governed by the general cor- poration laws of this State and by the bank act, and the procedure to effect any such change shall be that defined by the general corpora- tion laws and the bank act. § 32. Trust Funds not to be Mingled or Carried as Reserve. — Any bank receiving trust funds in accordance with the provisions of this act relating to trust companies must not mingle such trust funds with the other assets of the corporation, except as otherwise provided in section 25 of this act, and such funds shall not be carried or counted as any part of the lawful money reserve provided for in this act. CALIFORNIA BANK ACT. 217 Penalty. — The officers of any bank who knowingly violate or con- sent to the violation of this provision shall be guilty of a felony. § 33. [Repealed 1913.] § 34. No Bank to Invest in or Loan on Its Own Capital Stock- Penalty. — No bank shall purchase or invest its capital or surplus or money of its depositors, or any part of either, in shares of its own capital stock; nor loan its capital or surplus or the money of its de- positors, or any part of either, on shares of its own capital stock, unless such purchase or loan shall be necessary to prevent loss to such bank on debts previously contracted in good faith. Every person or corporation violating any provision of this section shall forfeit to the people of the State twice the nominal amount of such stock. § 35. Certain Transactions Respecting Real Estate Securities and Contracts Forbidden. — ^No director, or officer, or employee, or con- trolling stockholder of any bank shall, directly or indirectly, for his own account, for himself, or as the partner or agent of others, sell or transfer, or cause to be sold or transferred to the bank of which he is a director, officer, employee, or controlling stockholder, any note or bond secured by any mortgage or trust deed on real estate or any contract arising from the sale of real estate in which such director, or officer, or employee, or controlling stockholder is personally or finan- cially interested, without the consent in writing of the superintend- ent of banks. Penalty. — Any director, or officer, or employee, or controlling stock- holder of any bank who knowingly violates or consents to the viola- tion of this provision shall be guilty of a felony. § 36. Underwriting and Guaranteeing Bond Issues — How Re- stricted. — No bank receiving deposits of money shall purchase, agree to purchase, underwrite or guarantee any bond issue in excess of five per centum of its assets, except bonds of the United States, of the State of California, of the cities and counties, counties or school dis- tricts of this State. § 37. Purchase of Stock of Corporations Forbidden — Stock Ac- quired to be Sold. — No bank shall purchase or invest its capital or sur- plus or money of its depositors, or any part of either, in the capital stock of any corporation unless the purchase or acquisition of such capital stock shall be necessary to prevent loss to the bank on a debt previously contracted in good faith. Any capital stock so purchased or acquired shall be sold by such bank within six months thereafter if it can be sold for the amount of the claim of such bank against it ; and all capital stock thus purchased or acquired must be sold for the best price obtainable by said bank within one year after such purchase or acquisition. Penalty. — Every person or corporation violating any provision of this section shall forfeit to the people of the State twice the nominal amount of such stock. § 38. False Entries, Omissions, False Statements, etc., by Directors, Officers or Agents. — A director, officer, agent or employee of any bank who. 218 hillyer's legal manual. First — Knowingly receives or possesses himself of any of its property otherwise than in payment for a just demand, and with intent to de- fraud, omits to make or to <»ause or direct to be made a full and true entry thereof in its bool^ and accounts ; or. Second — Concurs in omitting to make any material entry thereof ; or, Third — Knowingly concurs in making or publishing any written re- port, exhibit or statement of its affairs or pecuniary condition contain- ing any material statement which is false ; or, Fourth — Having the custody or control of its books, w^illfully refuses or neglects to make any proper entry in the books of such corporation as required by law% or to exhibit or allow the same to be inspected and extracts to be taken therefrom by the superintendent of banks, his chief deputy or any of his examiners, shall be guilty of a felony. § 39. Overdrafts and Receipt of Commission on Loans by Officers, Directors or Employees. — Any officer, director, agent, teller, clerk or employee of any bank who either. First — Knowingly overdraws his account with such bank, and thereby obtains the money, notes or funds of any such bank ; or. Second — Asks or receives or consents or agrees to receive any com- mission, emolument, gratuity or rew^ard, or any money, property or thing of value, for his own personal benefit, or of personal advantage, for pro- curing or endeavoring to procure for any person, firm or corporation any loan from, or the purchase or discount of any paper, note, draft, check or bill of exchange, by such bank, or for permitting any person, firm or corporation to overdraw any account with such bank, is guilty of a felony. § 40. Contracts Waiving Stockholders' Liability Void. — No bank mentioned in this act shall make any contract with any of its depositors whereby the stockholders' liability provided for by the constitution of this State is in any manner waived, and if any such contract shall be so made, such contract shall be void. § 41. Purchase of Obligation of Bank for Less Than Face Value.— No officer, director, agent, or other employee of any bank shall directly or indirectly, for his own personal benefit, purchase, or be interested in the purchase of any obligation of said bank for a less sum than shall appear upon the face of such obligation to be the value thereof. Every person violating any provision of this section, shall for each of- fense forfeit to the people of the State, three times the face value of any such obligation so purchased. § 42. Purchase of Assets of Bank for Less Than Current Market Value. — No officer, director, agent or other employee of any bank, shall directly or indirectly, for his own personal benefit, purchase, or be interested in the purchase of any of the assets of said bank for a less sum than the current market value thereof. Every person violating any provision of this section, shall, for each offense, forfeit to the people of the State, twice the nominal amount of any such assets so purchased. § 43. Depositary Bank, How Designated. — No bank shall deposit any of its funds in any other bank unless such other bank has been designated as a depositary for its funds by the vote of a majority of the directors, or trustees of 'the bank making the deposit, exclusive of the CALIFORNIA BANK ACT. 219 vote of any director who is an officer, director, or trustee of the deposit- ary so desig-nated; provided, however, that any bank may designate any other bank its depositary by vote of a majority of its directors, including the vote of any director or trustee who is an officer, director or trustee of the depositary so designated, if such bank has secured the previous approval of the superintendent of banks, which approval he may at any time revoke for proper cause. § 44. Loans Secured by Stock of Another Bank. — No bank shall hereafter make a loan secured by the stock of another bank, if by making such loan the total stock of such other bank held by such loaning bank as collateral will exceed in the aggregate twenty-five per centum of the capital stock of such other bank ; provided, that no loan upon the capital stock of any bank shall be made unless such bank has been in existence at least two years and has earned and paid a dividend upon its capital stock. Limit on Loans upon Capital Stock of Corporations. — And provided, further, that no bank may loan more than five per centum of its assets upon the capital stock of any corporation whatsoever as collateral security. § 45. Interest Unpaid, not Included in Profits. — Interest unpaid, although due or accrued, on debts owing to any bank, shall not be included in calculation of its profits previous to a dividend. § 46. Limit on Loans or on Investments in Single Bond Issue. — No bank shall invest or loan more than five per centum of its assets in any one bond issue, except bonds of the United States, of the State of Cali- fornia, of the counties, cities and counties, cities or school districts of this State. § 47. Loans by Commercial Banks on Real Estate. — No commercial bank shall, except for the purpose of facilitating the sale of property owned by the bank, make any loan on the security of real estate, unless it is a first lien and is either (1) Made for a period of time not exceeding six months and upon securit.y worth fifteen per centum more than the market value of the real estate taken as security ; or (2) Made for a period of time exceeding six months and not exceed- ing ten years and does not exceed sixty per centum of the market value of the real estate taken as security. No commercial bank shall loan in the aggregate more than thirty-five per centum of its assets on real estate loans of the character specified in subdivision 2 of this section. These provisions, however, shall not prevent any bank from taking another and immediately subsequent mortgage or deed of trust thereon when it already holds a first mortgage or deed of trust on such real estate, nor from accepting a second lien on real estate to secure the repayment of a debt previously contracted in good faith ; nor shall it prevent subsequent liens of any kind from being taken to secure the payment of a debt previously contracted in good faith when, in the judgment of the directors of such bank, such sub- sequent liens are necessary further to secure the payment of any debts and save such bank from loss. 220 hillyeb's legal manual. § 48. Examination of National Banks Receiving Deposits of State Banks. — Any national bank in this State receiving the deposits of any bank organized and conducting business under this act, must, at the request of the superintendent of banks, submit to an examination by him, or his duly appointed examiners, should the superintendent of banks in his discretion deem it necessary or desirable that such exam- ination be made; and the expense of such examination shall be paid b}^ such national bank; and if any such national bank shall refuse to permit such examination to be made by, or under the direction of, the superintendent of banks, then the superintendent of banks shall notify in writing every bank depositing its funds with such national bank, to wdthdraw its deposits therefrom, and all such banks shall comply with such order. § 49. No Bank Except Savings Banks and Banks Having Savings Department to Do Any Acts Restricted to Savings Banks. — It shall not be lawful for any commercial bank, individual, trust company, as- sociation, firm, stock company, copartnership or corporation, to adver- tise or put forth a sign as a savings bank, either directly or indirectly or in any way to solicit or receive deposits or to transact business in the way or manner of a savings bank, or advertise that he or it is receiving or accepting savings, or in any way which might lead the public to be- lieve that such deposits are received or invested under the same condi- tions or in the same manner as deposits in savings banks, except in the case of savings banks or banks having savings departments, subject to the provisions of this act. Penalty. — Any commercial bank, individual, trust company, associa- tion, firm, stock company, copartnership or corporation, violating any provision of this section shall forfeit to this State one hundred dollars a day for every day during which such violation continues. § 50. Bank to Post Last Certificate. — ^Every bank shall post in a conspicuous place in its banking-room or branch office the last certifi- cate obtained from the superintendent of banks under the provisions of either section 9 or 127 of this act. § 51. Deposit Until Further Order of Court. — Any court hav- ing appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary or trustee, upon the application of such executor, administrator, guardian, assignee, receiver, depositary or trustee, or upon the application of any person having an interest in the estate administered upon by such officer or trustee, after notice to other parties in interest as the court may direct, and after a hearing upon such application, may authorize such officer or trustee to deposit any money then in his hands as such officer or trustee or which may thereafter come into his hands, and until the further order of the court, in any bank organized under the laws of the State of California ; and upon such deposit being made, the officer or trustee so depositing the same shall thereafter and while such moneys remain on deposit in such bank, be relieved and discharged from all liability and responsibility there- for, and the bond required of such officer or trustee given upon his appointment shall be thereupon by said court reduced to such an amount as the Court may deem reasonable; such deposit shall be re- CALIFORNIA BANK ACT. 221 paid only upon the orders of said court, and shall be a preferred claim against such bank and be paid in. full before any other depositor of such bank shall have been paid. § 52. Check Certified to be Immediately Charged. — Whenever a check drawn on any bank is certified by any officer or employee of such bank, the amount thereof shall be immediately charged against the account of the person, firm or corporation drawing the same. Unlawful to Certify Check Unless Person Drawing has Deposit Equal to Amount in Check. — It shall be unlawful for any officer or employee of any bank to certify any check drawn upon such bank unless the person or firm or corporation drawing the check has on deposit with the bank at the time such check is certified, an amount of money subject to the payment of such check, equal to the amount specified in such check. Penalty. — Any officer or employee of any bank who shall willfully violate the provisions of this section, or shall resort to any device, or receive any fictitious obligations, directly or indirectly, in order to evade the provisions hereof, or who shall certify checks before the amount thereof shall have been regularly entered to the credit of the drawer, shall be guilty of a felony. § 53. Capital Stock — Par Value — Paid-up Value Indorsed on Cer- tificate — Preferred Stock. — The capital stock of any bank having a capital stock shall have a par value of at least one hundred dollars and the paid-up value shall be indorsed on the face of each certificate issued, which paid-up value shall be the same on all certificates issued. No bank shall have preferred stock. § 54. Real Estate not Necessary for Carrying Business must be Sold Within Five Years. — All real estate purchased by any bank at sales under pledges, mortgages or deeds of trust for its benefit for money loaned and such as may be conveyed to it by borrowers in satis- faction and discharge of loans made thereon and all other real estate owned or held by it, which is not necessary for carrying on its business, must be sold by such bank within five years after title thereto shall have vested in it by purchase or otherwise. Proceedings to Compel Sale of Real Estate Held in Violation of Law. — Parcels of such real estate not sold within said time may be pur- chased by any person wanting the same upon the conditions and pro- ceedings following: Petition. — The intending purchaser may file a petition in the su- perior court in and for the county wherein said real estate or any por- tion thereof is situated. Citation. — Upon the filing of such petition a citation shall be issued out of said court directed to the bank owning such real estate requiring such hank to show cause on a day certain which shall be not earlier than ten days after the service of such citation, why commissioners should not be appointed by said court for the purpose of appraising the value of the real estate described in the petition and of selling the same at public auc- tion under the provisions of this section. 222 Liens or Encumbrances. — If there shall be any liens or encum- brances of record against such real estate the person or persons holding such liens or encumbrances shall likewise be cited and the court shall in its final decree distribute the proceeds of such sale, if a sale thereof shall be made, according to the equities of the parties. Hearing. — If it shall appear at the hearing of such petition that the real estate therein sought to be purchased is held by such bank in violation of the provisions of this section or of the constitution of this State, the court shall appoint three commissioners to appraise the value thereof and sell the same at public auction at the county seat of the county wherein said real estate or any part thereof is located. Notice of Sale. — Notice of which said sale shall be given to the bank owning said real estate and to any other persons interested therein as shown by the records of such county at least ten days before the date of such sale and shall be published once a week for three successive weeks in some newspaper published in the county where such real estate or any part thereof may be located, or if no newspaper shall be published in such county, then in a newspaper published in some neighboring county. Such notice shall state the time and place of such sale and shall describe the real estate to be sold with common certainty and state the value thereof as fixed by the appraisement of such commissioners and state that no bid less than such appraised value will be received therefor. Sale. — No sale shall be made for an amount less than the appraised value of such real estate fixed by said commissioners, and in the event that no bid is received at such sale at least equal to said appraised value of said real estate no intending purchaser can institute the proceedings provided for in this section within one year thereafter. Conveyances and Releases. — In case of any sale made under the pro- visions of this section and of the refusal of any bank owning such real ostate or of any lienholder or encumbrancer to execute the conveyances or releases necessary or proper to vest the title of such bank, lienholder or encumbrancer in the purchaser thereof the court shall have power in such proceedings to direct said commissioners to execute such deeds, conveyances or releases upon the payment to them of the purchase price therefor. Fees. — The fees of such commissioners and cost of sale shall be fixed by the court, upon making such appointment, but the entire expense thereof shall not exceed one hundred dollars. Cost. — The cost of any such proceedings shall be borne by the in- tending purchaser if no sale shall be made, but if a sale shall be made the costs of such proceedings shall be borne by the purchaser of the property and the person who filed the petition and advanced the costs of such proceedings shall be reimbursed in case he shall not become such purchaser. Return of Sale. — All sales hereunder shall be returned to the court having jurisdiction of the matter in the same manner as in the case of sales, by commissioners, of real estate on foreclosure of mortgages. Power of Superintendent to Require Writing Down Value. — Noth- ing in this section contained shall be deemed to affect the power of the superintendent of banks to require the writing down of the value of CALIFORNIA BANK ACT. 223 real estate held by any bank, at any time, when such writing down shall be proper. § 55. Creation of Debt and Indebtedness Construed. — Receiving deposits, issuing certificates of deposit, checks and bills of exchange, and the like, in the transaction of the ordinary business of a bank, must not be construed to be the creation of debt within the meaning of the phrase "create debt" in section 309 of the Civil Code, nor of indebtedness within the meaning of the phrase ' ' the capital stock cannot be dimin- ished to an amount less than the indebtedness of the corporation" in sec- tion 359 of the Civil Code, except that no bank shall reduce its capital stock to an amount less than is required by this act to be maintained by such bank, or less than any indebtedness of such bank other than such deposits. "Real Estate," "Real Property," and "Personal Property" Con- strued. — The terms "real estate," or "real property," or "personal property," when used in this act shall have the meaning defined in, and shall be construed in accordance with the provisions of title I of part I of division second of the Civil Code. § 56. Banks Authorized to Join National Reserve Association. — Any bank organized and existing under the laws of this State is hereby authorized and empowered to join or associate itself with any "national reserve association of the United States" or branch thereof, or any plan now or hereafter created or established by act of Congress whether such banking or currency association or plan be created by Congress under the above or any other name. Nothing in this act shall prohibit any such bank- from joining or associating itself with any such association or plan or branch thereof nor from investing any part of its capital or sur- plus in the stock of such association, plan or branch thereof in accord- ance with the terms and provisions of such act of Congress; provided, however, that such investment shall in no case exceed the minimum amount required to join or associate itself with such association, plan or branch thereof. Any bank joining or associating itself with such association, plan or branch thereof shall be permitted to conform to and transact its business in accordance with the terms and provisions of such act of Congress creating the same and the rules and regulations of such association, plan or branch thereof, anything in this act to the contrary notwithstanding. ARTICLE II. Savings Banks. § 60. Paid-up Capital Stock. — Every savings bank hereafter or- ganized must have paid up in cash a capital stock of not less than (a) Population not Exceeding 5,000. — Twenty-five thousand dol- lars if its principal place of business is located in any locality the population of which does not exceed five thousand persons ; (b) Population More than 5,000, not Exceeding* 25,000. — ^Fifty thousand dollars if its principal place of business is located in any city the population of which is more than five thousand persons, but does not exceed twenty-five thousand persons; 224 hillyer's legal manual. (c) Population More Than 25,000, not Exceeding 100,000.— One hun- dred thousand dollars if its principal place of business is located in any city the population of which is more than twenty-five thousand persons but does not exceed one hundred thousand persons ; (d) Population More Than 100,000, not Exceeding 200,000.— Two hundred thousand dollars if its principal place of business is lo- cated in any city the population of which is more than one hundred thousand persons but does not exceed two hundred thousand persons ; (e) Population More Than 200,000.— Three hundred thousand dol- lars if its principal place of business is located in any city the population of which is more than two hundred thousand persons. Reserve Fund. — Excepting that any savings bank organized without capital stock must have a reserve fund of at least one million dollars. Certificate. — Until the capital stock or reserve fund hereinbefore required shall be actually paid in, the superintendent of banks shall refuse to issue the certificate required by this act. Excepted Banks. — The foregoing classification shall not apply to any savings bank already in existence which has received its certificate to do a banking business from the superintendent of banks ; nor to any bank the location of which shall have been included by annexation or consolidation within the limits of a city of a class requiring a larger capitalization, but no bank thus excepted shall be permitted to estab- lish any new branch office as provided in section 9 of this act or to remove its place of business from the original limits of the city or township wherein it was located prior to such annexation or consolida- tion until it shall have the capital required of banks in such city not within said exception. Such excepted banks may not in any case de- crease their capital stock but may increase the same in the manner provided by law to an amount either greater or less than that required of banks in such city not within said exception ; provided, that nothing herein shall be construed to affect the provisions of section 19 of this act relative to the proportion of capital and surplus to deposits or of section 23 of this act relative to the capital stock required of banks doing a departmental business. The provisions of section 23 of this act, as to population, shall apply to any bank organized under the pro- visions of this section. § 61. Investments Permitted to Savings Banks. — Any savin ss bank may purchase, hold and convey real or personal property as follows: 1. Bank Premises. — The lot and building in which the business of the bank is caried on; furniture and fixtures, vaults and safe deposit vaults and boxes necessary or proper to carry on its bankine business; .such lot and biiildins:, furniture and fixtures, vaults and safe deposit vaults and boxes shall not, in the aeeregate, be carried on the books of such bank as an asset to an amount exceeding its paid-up capital and surplus; and hereafter, the authoritv of a two-thirds vote of all of the directors shall be necessarv to authnriz^ the purchase of such lot and building, or the construction of such building. CALIFORNIA BANK ACT. 225 2. Security for Loans. — Such as may have been mortgaged, pledged or conveyed to it in trust for its benefit in good faith, for money loaned in pursuance of the regular business of the corporation. 3. Property Acquired Under Foreclosure and Taken in Satisfaction of Debt. — Such as may have been purchased at any sales under pledge, mortgage or deed of trust made for its benefit for money so loaned and such as may be conveyed to it by borrowers in satisfaction and dis- charge of loans made thereon. Personal Property. — No savings bank shall purchase, own, or sell personal property, except such as may be requisite for its immediate accommodation for the convenient transaction of its business, notes or bonds secured by trust deeds or mortgages on real estate bonds, securi- ties or evidences of indebtedness, public or private, gold or silver bullion and United States mint certificates of ascertained value, and evidences of debt issued by the United States. Bonds. — No savings bank shall purchase, own, hold or convey bonds, securities or evidences of indebtedness, public or private, except as follows: (a) Bonds of United States. — ^Bonds or interest bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and in- terest ; (b) Bonds of State of California. — Bonds of this State, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest; (c) Bonds of Any State. — Bonds of any State in the United States that has not, within five years previous to making such investment by such bank, defaulted in the payment of any part of either principal or interest ; (d) County, City or District Bonds. — ^Bonds of any county, city and county, city or school district of this State ; bonds of any perma- nent road division in any county issued in pursuance of the provisions of article IX chapter II ; title VI ; part III of the Political Code ; bonds of any sewer district, drainage district, reclamation district, protection district, or sanitary district organized under the laws of this State; and any irrigation district bonds which the law may now or hereafter authorize to be used as security for the deposit of public moneys; pro- vided, that the total amount of bonds so issued by any such sewer dis- trict, drainage district, protection district or sanitary district, does not exceed fifteen per centum of the value of the taxable property in said district as shown by the last equalized assessment-roll of the county in which said district is located ; and provided, further, that the total amount of bonds issued by any such irrigation district does not exceed sixty per centum of the aggregate market value of the lands within such district, and of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned or to be acquired or constructed with the proceeds of any of such bonds, by said district, such facts in reference to bonds of irrigation districts to be determined by a commission now or hereafter authorized by law to ascertain and report upon such facts. 15 226 HILLYER^S LEGAL MANUAL. (e) Bonds of County, City or Town, in Other State.— Bonds of any county, city and county, city or town, in any State of the United States other than the State of California, issued under authority of any law of such State, which county, city and county, city or town, had, as shown by the federal or State census next preceding such investment, a population of more than 20,000 inhabitants ; provided, however, that the entire bonded indebtedness of such county, city and county, city or town, including such issue of bonds does not exceed fifteen per centum of the value of the taxable property therein as shown by its last equalized assessment-roll; and provided, further, that such county, city and county, city or town, or the State in which it is located has not defaulted in payment of either principal or interest due upon any legally au- thorized bond issue within five years next preceding such investment. (f) (1) Bonds of Railroad Incorporated Under Laws of California. Bonds of any railroad corporation incorporated under the laws of the State of California and operating exclusively therein, provided said corporation has had, for its fiscal year next preceding such investment, net earnings, after payment of all maintenance charges, operating ex- penses and taxes, sufficient to pay the interest on all of its outstanding mortgage indebtedness; or (2) Bonds of Railroad Incorporated Under Laws of Other State. — Bonds of any railroad corporation incorporated under the laws of any other State in the United States, operating at least five hundred miles of standard gauge track exclusive of sidings; provided, said corpora- tion has had for its fiscal year next preceding such investment, net earn- ings, after the payment of all maintenance charges, operating expenses and taxes, amounting to at least one and one-half times the interest on all its outstanding mortgage indebtedness ; or (3) Bonds of Railroad Guaranteed by Raikoad. — ^Bonds of any railroad corporation, the payment of which has been guaranteed, both as to principal and interest, by a railroad corporation meeting the re- quirements of either subdivision (1) or (2) of paragraph (f) of this sec- tion ; the income of which latter corporation, together with the income of any corporation whose bonds it has guaranteed, shall have been suffi- cient to pay all its maintenance charges, operating expenses, taxes and interest on all its outstanding mortgage indebtedness and, in addition thereto, interest on the total outstanding mortgage indebtedness of any other corporation the payment of w^hich it has guaranteed, for the periods specified in the respective subdivisions of this paragraph relat- ing thereon ; provided, that the excess of income of any corporation whose bonds have been so guaranteed, over its maintenance charges, operating expenses, taxes and interest on its outstanding mortgage in- debtedness, shall not apply to or be included in determining the income so required. Income. — In determining the income of any corporation specified in paragraph (f) of subdivision 3 of this section, there shall be in- cluded the income of any corporation or corporations out of which it shall have been formed through consolidation or merger, and of any corporation or corporations, the entire business and income producing property of which the corporation issuing such bonds has wholly ac- quired. CALIFORNIA BANK ACT. 227 Mortgage or Deed of Trust. — All bonds authorized for investment by paragraph (f ) of subdivision 3 of this section must be secured by a mortgage or trust deed which is at the time of making such investment either a first mortgage or deed of trust, a refunding mortgage or deed of trust providing for the retirement of all prior lien mortgage debts of said corporation, or an underlying or divisional closed mortgage or trust deed of property which forms a part of the operating system of the cor- poration then owning said property. Receipts from Passenger Revenues. — No savings bank shall pur- chase the bonds of any railroad corporation deriving less than twenty per centum of its gross receipts from passenger revenues. "Railroad Corporation" Defined. — The term ''railroad corpora- tion" when used in paragraph (f) of subdivision 3 of this section shall have the meaning defined in the ''Public Utilities Act" approved De- cember 23, 1911. (g) Bonds of Public Utility Incorporated Under the Laws of California. — Bonds of any street railroad corporation; or of any gas; water; pipe-line; light; power; light and power; gas, light and power; electrical; telephone; telegraph; or telephone and telegraph corpora- tion or of any other "public utility" incorporated under the laws of the State of California ; and (1) Operating Exclusively in California. — Operating exclusively in the State of California, provided, said corporation has had, for its fiscal year next preceding such investment, net earnings, after the pay- ment of all maintenance charges, operating expenses and taxes, amount- ing to one and one-half times the interest on all its outstanding mort- gage indebtedness ; or (2) Operating in Part Within California. — Operating its property in part within the State of California, provided, said corporation has had, for each of its two fiscal years next preceding such investment, net earnings, after the payment of all maintenance charges, operating ex- penses and taxes, amounting to one and one-half times the interest on all of its outstanding mortgage indebtedness ; or (3) Guaranteed Bonds. — The payment of which is guaranteed, both as to principal and interest, by a public utility corporation meeting the requirements of either subdivision (1) or (2) of paragraph (g) of this section, the income of which latter corporation, together with the in- come of any corporation whose bonds it has guaranteed, shall have been sufficient to pay all its maintenance charges, operating expenses, taxes and interest on all its total outstanding mortgage indebtedness, and in addition thereto, interest on the total outstanding mortgage indebted- ness of any other corporation the payment of which it has guaranteed, for the period specified in the respective subdivisions of this paragraph relating thereto ; provided, that the excess of income of any corporation whose bonds have been so guaranteed, over its maintenance charges, operating expenses, taxes and interest on its outstanding mortgage in- debtedness shall not apply to or be included in determining tKe income so required. Income. — In determining the income of any corporation specified in paragraph (g) of subdivision 3 of this section, there shall be included 228 hillyer's legal manual. the income of any corporation or corporations out of which it shall have been formed through consolidation or merger, and of any corporation the entire business and income producing property of which the corpora- tion issuing such bonds has wholly acquired. Mortgage or Trust Deed. — All bonds authorized for investment by paragraph (g) of subdivision 3 of this section must be secured by a mortgage or trust deed which is at the time of making such investment ; either I. Closed. — A closed first mortgage or deed of trust ; or II. Containing Provisions Restricting Issuance of Further Bonds. — A first mortgage or deed of trust containing provisions restricting the issuance of further bonds until such time as the income of said corpora- tion shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to pay all maintenance charges, operating expenses, taxes and one and one-half times the inter- est on all its mortgage indebtedness then outstanding and on the ad- ditional bonds then proposed to be issued ; or III. Refunding. — A refunding mortgage or deed of trust providing for the retirement of all prior lien mortgage debts of said corporation, and restricting the issuance of further bonds until such time as the in- come of said corporation shall have been at least sufficient, during the twelve months next preceding the issuance of any additional bonds, to pay all maintenance charges, operating expenses, taxes and one and one-half times the interest on all its mortgage indebtedness then out- standing, and on the additional bonds then proposed to be issued; or IV. Underlying or Divisional Closed. — An underlying or divisional closed mortgage or trust deed of property w^hich forms a part of the operating system of the corporation then owning said property. In the case of bonds secured by an underlying or divisional closed mortgage or trust deed, the net income required by this section shall be based ex- clusively upon the income, maintenance charges, operating expenses, taxes and mortgage indebtedness of or against the property covered by such underlying or divisional closed mortgage or trust deed, or on the proper proportionate share of such property in the general income, maintenance charges, operating expenses, taxes and mortgage indebted- ness of the corporation then owning such property; provided, however, that if the payment of the bonds secured by such underlying or di- visional closed mortgage or trust deed shall be guaranteed or assumed by the corporation then owning the property securing the same, such bonds shall be legal investments for savings banks, if the net income of such corporation from all sources after paying all of its maintenance charges, operating expenses, taxes and mortgage indebtedness shall equal the amount herein required, notwithstanding any insufficiency of the income derived from the property covered by such underlying or divisional closed mortgage or trust deed to meet the requirements of this section. Certain Terms Defined. — The term ''street railroad corporation," *' pipe-line corporation," ''gas corporation," "electrical corporation," "telephone corporation," "telegraph corporation," "water corpora- tion," and "public utility," when used in paragraph (g) of subdivision CALIFORNIA BANK ACT. 229 3 of this section, shall each have the meaning defined in the ''Public Utilities Act" approved December 23, 1911. (h) Notes or Bonds Secured by First Lien upon Real Estate. — Notes or bonds secured by first mortgage or deed of trust or other first lien upon real estate, improved or unimproved; provided, that the en- tire note or bond issue shall not exceed sixty per centum of the market value of such real estate, or such real estate with improvements, taken as security; and provided, further, in case the said note or bond issue is created for a building loan on real estate, that at no time shall the entire outstanding note or bond issue exceed sixty per centum of the market value of the real estate and the actual cost of the improvements thereon taken as security. (i) Collateral Trust Bonds or Notes. — Collateral trust bonds or notes when secured by either: (1) Bonds Authorized for Investment. — Deposit of bonds author- ized for investment by this section, of a market value at least fifteen per centum in excess of the par value of the collateral trust bonds or notes issued; or (2) Bonds Authorized for Investment and Other Securities. — ^De- posit of bonds authorized for investment by this section, and other securities, of a combined market value at least twenty per centum in excess of the par value of the collateral trust bonds or notes issued ; provided, that the par value of said collateral trust bonds or notes shall in no case exceed the market value of that portion of the security represented by bonds authorized for investment hy this section. (j) Bonds Legal for Investment in New York or Massachusetts. — Bonds legal for investment by savings banks in the States of New York or Massachusetts; provided, however, that as to bonds of the character specified in paragraph (c) or (e) of subdivision 3 of this section, such bonds shall also conform to the requirements of either of such paragraphs. (k) Mortgage Certificates. — Certificates issued by a corporation organized under the laws of this State with a paid-up capital stock of not less than one hundred thousand dollars, evidencing and con- ferring participation to an indicated amount in a first mortgage on real estate and the debt secured thereby, and guaranteeing the pay- ment of the principal of the mortgage debt at its maturity or within some specified time thereafter and agreeing to pay interest on the amount of the participation at some specified rate, the mortgage how- ever and debt thereby secured to be assigned to a trust company and held by it as security for the payment of said mortgage certificates and for the performance of all conditions imposed thereby upon the corporation issuing the same ; provided, the said first mortgage in- debtedness shall not exceed sixty per centum of the market value of the real estate taken as security, and provided, further, that the trust company shall certify on each certificate that the aggregate amount of the certificates issued evidencing and conferring participation in any one such mortgage and mortgage debt does not exceed the principal of the said mortgage debt; but provided, nevertheless, that, unless such certificates are made legal investment for savings banks by other 230 hillyer's legal manual. law of this State, no savings bank shall purchase any such certificates until the corporation issuing the same has first obtained the written approval of the superintendent of banks to such certificates as an in- vestment for savings banks. The actual expense of investigating any issue of such certificates presented to the superintendent of banks for approval shall be paid by the corporation presenting the same, and the superintendent of banks, before making such investigation may require a cash deposit of such amount as he may deem necessary to cover such expense. The superintendent of banks may accept and act upon the opinions and appraisements of any title insurance or abstract company, attorneys or appraisers which may be presented by such corporation so applying, and the reports of any of the executive offi- cers of the corporation issuing such certificates, on any question of fact concerning or affecting such certificates, the security thereof, or the financial condition of the corporation issuing the same. In lieu of or in addition to such opinions, appraisements and reports, the su- perintendent of banks may, if he deems proper, have any or all such matters passed upon and certified to him by attorneys, appraisers or accountants of his own selection at the expense of the applicant. The superintendent of banks shall keep an official list of all issues of such certificates approved by him. Certificate of Confonnity After September 1, 1913. — No notes, bonds, or other securities, the payment of which is secured by any mortgage or deed of trust executed after September 1, 1913, shall be deemed to come within or conform to the requirements of either of paragraphs (f), (g) or (i) of subdivision 3 of this section, unless such notes, bonds or other securities shall, in the manner provided in this act, have been certified by the superintendent of banks, to come within and fully conform to the requirements of one or the other of said paragraphs. Legality of Investments Heretofore Lawfully Made not Affected. — The legality of investments heretofore lawfully made pursuant to the provisions of this section, or of any law of this State as it existed on and subsequent to July 1, 1909, shall not be affected by any amend- ments to this section or this act; nor shall any such amendments re- quire the changing of investments once lawfully made under this act. Bonds may be Carried at Investment Value. — Any bonds authorized by this section as a legal investment for savings banks may be carried on the books of said bank at their investment value, based on their market value at the time they were originally bought, unless the superintendent of banks shall require any or all of the bonds which may thereafter have a market value less than the original investment value to be written down to such new market value which shall be done gradually if practicable and in such manner as he may deter- mine ; or he may, by a plan of amortization to be determined by him, require such gradual extinction of premium as will bring such bonds to par at maturity. Bonds and Notes of Public Utilities. — No savings bank shall here- after purchase or loan money upon any bond, note or other evidence of indebtedness, issued by any ''public utility," subject to the juris- diction, regulation or control of the railroad commission of this State under the provisions of the ''Public Utilities Act," approved Decern- CALIFORNIA BANK ACT. 231 ber 23, 1911, unless each such bond, note or other evidence of indebted- ness was either: (a) Issued prior to the taking effect of the ''Public Utilities Act"; or (b) Issued under authority of the railroad commission, in accord- ance with the provisions of said act ; or (c) A note issued for a period not exceeding twelve months, in ac- cordance with the provisions of subdivision (b) of section 52 of said act. State not Liable for Any Act Hereunder. — No provision of this act, and no act, or deed, done or performed under or in connection there- with, and no finding made or certificate issued under any provision thereof, shall be held or construed to obligate the State of California to pay, or be liable for the payment of, or to guarantee in any manner whatsoever, the regularity or the validity of the issuance of any stock or bond certificate, or bond, note, or other evidence of indebtedness certified under any provision of this act, by the superintendent of banks, as being in conformity w4th the requirements of any paragraph of subdivision 3 of this section. § 61a. Investigation of Bond Issue. — The superintendent of banks shall have power, when any issue of bonds or securities is presented to him for that purpose, to investigate and ascertain whether such bonds or securities come within and fully conform to all the require- ments of paragraphs (f), (g), (h) or (i) of subdivision 3 of section 61 of this act, or of either of said paragraphs. He may also investi- gate and ascertain for what period of time, and upon what conditions, any franchise granted to or held by any corporation issuing any such bonds or securities will remain in force. Expense of Investigating. — The actual expense of investigating any issue of bonds or securities so presented shall be paid by the person or corporation presenting the same for investigation, and the superin- tendent of banks, before making such investigation may require a cash deposit of such amount as he may deem necessary to cover such expense. Opinions and Appraisements. — The superintendent of banks may ac- cept and act upon the opinions and appraisements of any attorneys or appraisers which may be presented by such person or corporation so applying, and the reports of any of the executive officers of the corpora- tion issuing such bonds or securities, on any question of fact concerning or affecting such bonds or securities, the security thereof, the franchise conditions herein mentioned, or the financial condition of the corpora- tion issuing the same. In lieu of or in addition to such opinions, ap- praisements and reports, the superintendent of banks may, if he deems proper, have any or all such matters passed upon and certified to him by attorneys, appraisers or accountants of his own selection at the ex- pense of the applicant. Certificate. — If the superintendent of banks shall find from such in- vestigation that the bonds or securities so presented come within and fully conform to all the requirements of any of said paragraphs of sub- division 3 of section 61 of this act, and is satisfied from such investiga- tion as to such franchise conditions, he shall so certify, otherwise a 232 certificate shall be refused. The superintendent of banks shall keep an official list of all bonds and securities certified by him. § 62. Savings Bank not to Deal in Real or Personal Property or Contract Liability. — No savings bank shall, directly or indirectly, deal or trade in real or personal property in any other case or for any other purpose than is authorized by this act, and shall not contract any debt or liability for any purpose whatever other than for deposits, except as in this section provided. May Pay Depositors by Draft. — Savings banks may pay regular de- positors, when requested by them, by draft upon deposits to the credit with their banks, and charge current rate of exchange for such drafts. May Borrow Money to Meet Immediate Demands of Depositors. — No savings bank shall borrow money, or pledge or hypothecate any of its securities, except to meet the immediate demands of its own depositors, and then only in pursuance of a resolution adopted by a vote of a majority of its board of directors, duly entered upon their minutes, wherein shall be recorded the ayes and nays upon each vote ; also with the written approval of the superintendent of banks, and he shall have the authority to fix the amount to be borrowed, and the term and rate of interest thereon; provided, however, that savings banks may, in the manner authorized by law, and without the written approval of the superintendent of banks, borrow the public moneys of the State, coun- ties, cities and counties, and towns and receive such public moneys on deposit; provided, also, that savings banks may in the manner author- ized by law, and without the written approval of the superintendent of banks, borrow postal savings moneys of the United States, and receive such postal savings moneys on deposit. § 63. Certificates of Deposit. — Savings banks may issue general cer- tificates of deposit, which are transferable, as in other cases, by in- dorsement and delivery; may issue, when requested by the depositor, special certificates, acknowledging the deposit by the person therein named of a specified sum of money, and expressly providing on the face of such certificate that the sum so deposited and therein named may be transferred only on the books of the bank; payment thereafter made by the bank to the depositor named in such certificate, or to his assignee named upon the books of the bank, or in case of death, to the legal representative of such person, of the sum for which such special certificate was issued, shall discharge the bank from all further liability on account of the money so paid. Time Certificates of Deposit. — All time certificates of deposit, is- sued by a savings bank, shall be subject to the same limitations and con- ditions as applied to other deposits, and notice thereof shall be given by the words "Subject to conditions of agreement with depositors" printed on the face of the certificate issued. § 64. Time and Conditions of Repayment — Notice. — Each savings bank must prescribe by its by-laws, or by contract with its depositors, the time and conditions on which repayment is to be made to depositors, except a^ in this act otherwise provided. In all cases the by-laws or contracts shall provide that notice of at least thirty days may, at the option of any such bank, be required to be given of intention to with- CALIFORNIA BANK ACT. 233 draw any deposit or part thereof, but whenever there is any call by depositors for repayment of a greater amount than the bank may have disposable for that purpose, the directors or officers thereof must not make any new loan or investment of the funds of the depositors or of earnings thereof until such excess of call has ceased. Reserve Fund. — The directors of any such bank having no capital stock shall, before the declaration of any dividend, carry at least one- tenth part of the net profits of such bank, for the preceding half year, or for the period covered by said dividend, to its reserve fund. Sub- ject to the provisions of section 19 of this act, any losses sustained by any such bank may be charged to and paid out of its reserve fund. A larger reserve fund may be created and nothing herein contained shall be con- strued as prohibitory thereof. The assets of any such bank are a se- curity to its depositors. Any such bank organized without capital stock, may provide by its by-laws for the disposal of any am-ount in its re- serve fund in excess of the amount required by section 19 of this act and may also provide for final disposal upon the dissolution of the bank of its reserve fund or the balance thereof remaining after payment of any losses of such bank. § 65. Loans to Directors or Officers or to Corporations of Which They may be Stockholders. — No loan shall be made, directly or in- directly, to any director or officer of any savings bank by such bank, or on the indorsement, surety or guaranty of any such officer or di- rector, except that loans may be made to any corporation in which any director or officer of such savings bank may own or hold a minority number of shares of stock, upon authorization of a majority of all the directors of such savings bank and the affirmative vote of all directors of such savings bank present at the meeting authorizing such loan; provided, however, that such loan shall in all other respects conform to and comply with all other provisions of this act. Such interested director or officer shall not vote or participate in any manner in the action of the board on such loan. Such authorization shall be entered upon the records or minutes of such savings bank. The fact of mak- ing such loan, the names of the directors authorizing such loan, the corporate name of the borrower, the name of each director or officer of such bank who is a member, stockholder, or director of the corpora- tion to which such loan is made, the amount of such loan, the rate of interest thereon, the time when the loan will become due, the amount, character and value of security given therefor and the fact of payment, when made, shall be forthwith reported in writing by the cashier or secretary of such savings bank to the superintendent of banks. Loans to Agents — Employees. — A loan may be made to any agent or employee, other than an officer or director, of any savings bank by such bank upon authorization of a majority of all the directors of such savings bank and an affirmative vote of all directors of such savings bank present at the meeting authorizing such loan; provided, however, that such loan shall in all respects conform to and comply with all other provisions of this act. Such authorization shall be entered upon the records or minutes of such savings bank. The fact of making such loan, the names of the directors authorizing such loan, the name of the borrower, the nature of his employment, the amount of such 234 hillyer's legal manual. loan, the rate of interest thereon, the time when the loan will be- come due, the amount, character and value of the security given therefor, and the fact of payment, when made, shall be forthwith reported in writing by the cashier or secretary of such savings bank to the superintendent of banks. Any officer or director of any savings bank, who knowingly procures a loan from such savings bank, contrary to the provisions of this section, shall be guilty of a felony. In case of the neglect or failure of the secretary or cashier of any such bank, to report to the superintendent of banks, as herein provided, any of the facts so required to be reported, the bank shall be liable therefor and shall forfeit to the people of the State of Cali- fornia twenty-five dollars per day for each day, or part thereof, dur- ing which such neglect or failure continues. § 66. Maximum Amount of Loans. — No savings bank shall here- after make any loans to any person, firm, copartnership or corporation to an amount exceeding, fifty per centum of the actual paid-up capital stock and surplus of such bank, or in the case of a bank organized without capital stock, to an amount exceeding fifty per centum of the reserve fund of such bank; provided, however, that any savings bank having a paid-up capital and surplus of less than fifty thousand dollars, but not less than twenty-five thousand dollars, may make any such loan on real estate security to an amount not exceeding twenty-five thousand dollars -and provided further, that any savings bank having a paid-up capital and surplus of less than twenty-five thousand dollars may make any such loan on real estate security to an amount not ex- ceeding its paid-up capital and surplus, if each such loan in all other respects conforms to the provisions of this act. The renewal or exten- sion of any loan heretofore legally made by any savings bank shall not be construed to be a "loan hereafter made" within the meaning of the provisions of this section. The legality of investments heretofore law- fully made pursuant to the provisions of this act as it existed on and subsequent to July 1, 1909, shall not be affected by the provisions of this section. For the purposes of this section an indorser or guarantor shall be deemed to be a borrower. !§ 67. 1. Conditions on Which Loans may be Made — Real or Per- sonal Property — ^Period. — No savings bank shall loan money except on adequate security of real or personal property, and no such loan shall be made for a period longer than ten years; provided, that no such loan shall be made on unsecured notes. 2. Bonds. — No savings bank shall invest or loan more than five per centum of its assets on any one bond issue, except bonds of the United States, of the State of California, bonds for which the faith and credit of the United States or of the State of California are pledged, or bonds of any county, city and county, city or school district in this state, or bonds of any irrigation district such as are legal for invest- ment by savings banks. 3. Market Value. — No savings bank shall loan money: (a) On bonds of the character specified in paragraphs (a), (b), (c), and (d), of subdivision 3 of section 61 of this act, CALIFORNIA BANK ACT. 235 unless such bonds shall have a market value at least ten per centum in excess of the amount loaned thereon; or, (b) On bonds of the character specified in paragraphs (e), (f) and (g) or on bonds or notes of the character specified in paragraph (i) of subdivision 3 of section 61 of this act, unless such bonds or notes shall have a market value at least fifteen per centum in excess of the amount loaned thereon ; or, (c) On bonds legal for investment by savings banks in the states of New York or Massachusetts, unless such bonds shall have a market value at least fifteen per centum in excess of the amount loaned thereon ; or, (d) On personal property unless such personal propertj^ shall have a market value at least fifty per centum in excess of the amount loaned thereon; or, (e) On other bonds, or on the capital stock of any corporation, un- less such bonds or stock shall have a market value at least fifty per centum in excess of the amount loaned thereon ; provided, however that no loan shall be made upon the capital stock of any bank unless such bank has been in existence at least two years and has earned and paid a dividend on its capital stock. 4. Real Estate. — No savings bank shall make any loan on the se- curity of real estate, except it be a first lien, and in no event to ex- ceed sixty per centum of the market value of any real estate taken as security except for the purpose of facilitating the sale of property owned by such savings bank; provided, that a second lien may be ac- cepted to secure the repayment of a debt previously contracted in good faith; and, provided, also, that any savings bank holding a first mort- gage or deed of trust on real estate may take or purchase and hold another and immediately subsequent mortgage or deed of trust thereon, but all such loans shall not exceed in the aggregate sixty per centum of the market value of the real estate securing the same; provided, further, that a savings bank may loan not to exceed ninety per centum of the face value of a note or bond secured by a first mortgage or deed of trust on real estate, but in no event shall any such loan exceed ninety per centum of .sixty per centum of the market value of the real estate covered by said mortgage or deed of trust. 5. Mining Stock. — No savings bank shall purchase, invest or loan its capital, surplus or the money of its depositors, or any part of either, in mining shares or stock. Any president or managing officer who knowingly consents to a violation of any provision of this section shall be guilty of a felony. § 68. Reserve. — Every savings bank or savings department of a bank, shall at all times maintain a lawful money reserve equivalent to four per centum of the aggregate amount of its deposits; one-half of such lawful money reserve shall be kept on hand in lawful money of the United States or gold certificates or silver certificates of the United States, and one-half may consist of bonds of the United States or of lawful money of the United States or gold certificates or silver certificates of the United States, on hand or on deposit subject to call with any reserve bank provided for in section 20 of this act ; provided, 236 hillyer's legal manual. however, that no savings bank or savings department shall be re- quired to maintain in its own keeping a lawful money reserve in excess of four hundred thousand dollars, and when such lawful money reserve in its own keeping reaches that amount, the balance of cash necessary to make up the four per centum may be kept on deposit subject to call with any reserve bank provided for in section 20 of this act. • No new loan shall be made during any deficiency in the lawful money reserve. Deposits With Commercial Banks. — Deposits with any commercial bank, or commercial department of a bank, on open account, to facili- tate business transactions, as provided in this section, shall be per- mitted, and shall not be construed as loans. Not more than five per centum of the deposits of any savings bank shall be deposited with any one bank, except with the consent of the superintendent of banks. Not more than fifteen per centum of the de- posits of any savings bank shall be deposited with all other banks, except with the consent of the superintendent of banks. Deposits of Other Banks. — No savings bank or savings depart- ment shall receive deposits of other banks other than savings deposits and such deposits shall not be treated or considered as a part of the lawful money reserve of such depositing bank; provided, that the sum so deposited shall not exceed ten thousand dollars. § 68y2. Deposit by Decedent or Public Administrator. — Where a decedent, at the time of his or her death, left moneys on deposit with a savings bank, it shall be lawful for any public administrator, who shall become the administrator of the estate, to allow such deposit to remain in said savings bank, and also, it shall be lawful for him to deposit therein to the account of said decedent, any and all moneys of said estate not required for the current expenses of administration. Such deposit, whether made by the decedent or a public administrator, shall relieve the public administrator from depositing the same with the count}^ treasurer. Moneys so deposited, whether by the decedent or by a public administrator, may be drawn upon demand without notice, upon the order of said administrator, countersigned by a judge of a superior court, w^hen required for the purpose of administration or otherwise. § 69. General Provision. — Every savings bank, and the business •of every savings department of every other bank, must be conducted under and in accordance with the provisions of this act. ARTICLE III. Commercial Banks. § 80. Commercial Bank Loans. — No commercial bank shall make any loans to any person, firm, copartnership or corporation, to an amount exceeding the following percentages of its capital stock actually paid in and surplus: 1. Unsecured Loans. — Ten per centum wnthout security, except where such capital stock and surplus is less than twenty-five thou- sand dollars, in which event an amount not to exceed twenty per CALIFORNIA BANK ACT. 237 centum of such capital stock and surplus may be loaned without se- curity, and where such capital stock and surplus is greater than twenty-five thousand dollars and does not exceed fifty thousand dollars, a sum not exceeding five thousand dollars may be loaned without security. Nothing herein shall prohibit any commercial bank from taking or receiving any kind, character or amount of security whatsoever, either real or personal, for the protection of any loan made under the provisions of this subdivision, but no such loan or any part thereof shall be considered or construed as a secured loan unless the whole thereof is loaned upon security worth at least fifteen per centum more than the amount of such loan; or, 2. Secured and Unsecured Loans. — ^Fifteen per centum, in addition to the amount that may be loaned under the provisions of subdivision one of this section, upon security worth at least fifteen per centum more than the amount of such loan so secured; provided, however, that a separate note or notes shall be taken for the unsecured loans and a separate note or notes shall be taken for the secured loans, and the secured and unsecured loans shall not be combined in any way within one note, or notes ; or, 3. Secured Loans Only. — Twenty-five per centum upon security worth at least fifteen per centum more than the amount of its loans so secured ; provided, however, that when secured loans to this amount or any amount in excess of fifteen per centum are made, then no un- secured loans shall be permitted in addition to such secured loans. Loans on Bills of Lading or Exchange, or Commercial Paper. — A commercial bank may buy from, or discount for, any person, firm, copartnership or corporation, or loan upon bills of lading or bills of exchange drawn in good faith against actual existing value an amount not exceeding seventy-five per centum of the paid-up capital and sur- plus of such bank ; and may also buy from or discount for any person, firm, copartnership or corporation, commercial or business paper actu- ally owned by the person, firm, copartnership or corporation nego- tiating the same, an amount not ex:ceeding twenty-five per centum of the paid-up capital and surplus of such bank; but the discount of bills of lading or bills of exchange drawn in good faith against actual existing value, and the discount of commercial or business paper actually owned by the person, firm, copartnership or corporation nego- tiating the same, shall not be considered as money borrowed by the person, firm, copartnership or corporation selling or discounting the same. § 81. Loans upon Securities of Corporations. — No loan shall be made by any commercial bank upon the securities of one or more corpora- tions, the payment of which is undertaken, in whole or in part, severally, but not jointly, by two or more individuals, firms, or cor- porations : (a) If the borrowers or underwriters be obligated absolutely or contingently to purchase the securities, or any of them, collateral to such loan, unless the borrowers or underwriters shall have paid on account of the purchase of such securities an amount in cash, or its equivalent, equal to at least twenty-five per centum of the several 2^8 amounts for which they remain obligated in completing the purchase of such securities; (b) If the commercial bank making such loan be liable, directly or indirectly, or contingently, for the repayment of such loan or any part thereof; (c) If its term, including any renewal thereof by agreement, ex- press or implied, exceed the period of one year ; (d) Or to an amount under any circumstances in excess of twenty- five per centum of the capital and surplus of the commercial bank making such loan. § 82. Capital Stock. — Every commercial bank hereafter organized must have paid up in cash a capital stock of not less than, (a) Not Exceeding 5,000. — Twenty-five thousand dollars if its prin- cipal place of business is located in any locality the population of which does not exceed five thousand persons ; (b) More Than 5,000, Not Exceeding 25,000.— Fifty thousand dol- lars if its principal place of business is located in any city the popula- tion of which is more than five thousand persons, but does not exceed twenty-five thousand persons; (c) More Than 25,000, not Exceeding 100,000.— One hundred thou- sand dollars if its principal place of business is located in any city the population of which is more than twenty-five thousand persons, but does not exceed one hundred thousand persons ; (d) More Than 100,000, not Exceeding 200,000.— Two hundred thousand dollars if its principal place of business is located in any city the population of which is more than one hundred thousand per- sons, but does not exceed two hundred thousand persons. (e) More Than 200,000.— Three hundred thousand dollars if its principal place of business is located in any city the population of which is more than two hundred thousand persons. Excepted Banks. — The foregoing classification shall not apply to any commercial bank already in existence which has received its certificate to do a banking business from the superintendent of banks ; nor to any bank the location of which shall have been included by annexation or con- solidation within the limits of a city of a class requiring a larger cap- italization, but no bank thus excepted shall be permitted to establish any new branch office as provided in section 9 of this act or to remove its place of business from the original limits of the city or township wherein it was located prior to such annexation or consolidation until it shall have the capital required of banks in such city not within said exception. Such excepted banks may not in any case decrease their capital stock but may increase the same in the manner provided by law to an amount either greater or less than that required of banks in such city not within said exception ; provided, that nothing herein shall be construed to affect the provisions of section 19 of this act relative to the proportion of capital and surplus to deposits or of section 23 of this act relative to the capital stock required of banks doing a departmental busi- ncvss. The provisions of section 23 of this act, as to population, .shall apply to any bank organized under the provisions of this section. CALIFORNIA BANK ACT. 239 § 83. Loans to Director, or Employee, or to Firm, or Corporation, of Which Director, Officer, or Employee is a Member, Stockholder, Director, or Employee. — No loan shall be made, directly or indirectly, to any officer of any commercial bank by such bank, or on the indorse- ment, surety, or guaranty of any such officer, except as hereinafter pro- vided in this section. Loans to any director, agent, or other employee, or to any firm, copartnership or corporation of which any director, offi- cer, agent or other employee is a member, stockholder, director, agent or other employee, or to any person, firm, copartnership or corporation on the indorsement, surety, or guaranty of any such director other than an officer, agent or other employee, can be made by any commercial bank only on authorization of, or confirmation within thirty days after mak- ing such loan, by a majority of all the directors of such bank and the affirmative vote of all directors of such bank present at the meeting authorizing or confirming such loan. Such interested director shall not vote or participate in any manner in the action of the board on such loan. The board of directors of any such bank may fix the total amount of credit that may at any one time during the twelve months next succeed- ing be given to any director, agent, or other employee, or to any firm, copartnership or corporation in which any director, officer, agent, or other employee is a member, stockholder, director, agent or other em- ployee, and any or all loans made within or up to the total amount of such authorized credit may at any time during said twelve months, be renewed from time to time, in whole or in part, by the officers of the bank without any further vote or action on the part of the board of directors. Each such authorization shall be entered upon the records or minutes of said bank. No director shall vote or participate in any manner in such action of the board fixing the total amount of credit that may at any one time be given to himself or to any firm, copartnership or corporation in which he is a member, stockholder, director, agent or other employee. Report of Such Loan. — The fact of making such loan, the name of the director authorizing such loan, the name of the director, agent, or employee, obtaining such loan, or the name of the firm, co- partnership or corporation in which such director, officer, agent, or employee is interested, obtaining such loan, the amount of such loan, the rate of interest thereon, the time when the loan will become due, the amount, character and value of security given therefor, if any, and the fact of payment when made, shall be forthwith reported in writing by the cashier or secretary of such bank to the superintendent of banks. In case of a loan so made without the previous authorization of the directors, the action of the board of directors, in confirming or refusing to confirm such loan within thirty days thereafter, shall be reported in the same manner. Penalty. — Any officer, director, agent, or employee of a commercial bank, who knowinglv procures a loan from such commercial bank con- trary to the provisions of this section, shall be guilty of a felony. In case of the nesrlect or failure of the secretary or cashier of any such bank to report to the superintendent of banks, as herein provided, any of the facts so required to be reported, the bank shall be liable therefor and shall forfeit to the people of the State of California, twenty-five dollars 240 per day for each day, or part thereof, during which such neglect or failure continues. § 84. Bank Premises. — No commercial bank shall invest an amount exceeding its paid-up capital and surplus in the lot and building in which the business of the bank is carried on, furniture and fixtures, vaults and safe deposit vaults and boxes necessary or proper to carry on its banking business; and hereafter the authority of a two-thirds vote of all the directors shall be necessary to authorize the purchase of such lot and building or the construction of such building. ARTICLE iV. Trust Companies. § 90. Trust Companies Defined — Capital Required. — Any corpora- tion which has been or shall be incorporated under the general cor- poration laws of this State, which is authorized by its articles of incorporation to act as executor, administrator, guardian of estates, as- signee, receiver, depositary or trustee, under appointment of any court or by authority of any law of this State, or as trustee for any purpose permitted by law, which has its principal place of business in a city in which the population does not exceed one hundred thousand persons and which has a capital of not less than one hundred thousand dollars actually paid in, in cash, assigned to or available for the purpose of con- ducting business in any such capacity, or trust business of any character permitted by law, and which has made with the State treasurer the deposit of money or securities of the character and in the amount re- quired by the terms of section 96 of this act, and which has received from the superintendent of banks the certificate of authority required by the terms of section 127 of this act, to transact such business, and any cor- poration which has been or shall be incorporated under the general cor- poration laws of this State, which is authorized by its articles of incorporation to act as executor, administrator, guardian of estates, as- signee, receiver, depositary or trustee, under appointment of any court or by authority of any law of this State, or as trustee for any purpose permitted by law, which has its principal place of business in a city in which the population exceeds one hundred thousand persons and which has a capital of at least two hundred thousand dollars actually paid in, in cash, assigned to or available for the purpose of conducting business in any such capacity, or trust business of any character permitted by law, and which has made with the State treasurer the deposit of money or securities of the character and in the amount required by the terms of section 96 of this act, and which has received from the superintendent of banks the certificate of authority required by the terms of section 127 of this act, to transact such business, may act, or may be appointed by any court to act, in any such capacity in like manner as an individual and when so qualified shall be known as a trust company. Powers. — Any such trust company may, as provided in this act, ac- cept or receive any deposit of money or personal property authorized, directed or permitted to be made with any such corporation by any court or law of this State, and may accept and execute any trust pro- CALIFORNIA BANK ACT. 241 vided for in this act, or permitted by any law of this State, to be taken, accepted or executed by an individual. Segregation of Capital in Cities of 100,000 and Under.— Any such trust company, if located in a city the population of which does not ex- ceed one hundred thousand persons must segregate that portion of its capital and surplus assigned to or available for its trust business and must apportion and set aside at least fifty thousand dollars of such paid-up capital as security for the faithful performance and execution of all private trusts accepted by it and must also apportion and set aside at least fifty thousand dollars of such paid-up capital as security for the faithful performance and execution of all court trusts accepted by it and whenever such trust company shall, under the provisions of sec- tions 96 and 98 of this act, be required to make the first additional de- posit of securities with the State treasurer, such trust company must also apportion and set aside an additional fifty thousand dollars of paid- up capital as security for the faithful performance and execution of all private trusts accepted by it and must also apportion and set aside an additional fifty thousand dollars of paid-up capital as security for the faithful performance and execution of all court trusts accepted by it. Segregation of Capital and Surplus in Cities of Over 100,000. — And any trust company, if located in a city, the population of which exceeds one hundred thousand persons, must segregate that portion of its capital and surplus assigned to or available for its trust business and must apportion and set aside at least one hundred thousand dollars of such paid-up capital as security for the faithful performance and execu- tion of all private trusts accepted by it and must also apportion and set aside at least one hundred thousand dollars of such paid-up capital as security for the faithful performance and execution of all court trusts accepted by it. Surplus not to be Apportioned as Security for Private Trusts. — Pro- vided, that no such trust company shall at any time be required to ap- portion and set aside any portion of its surplus as security for the faith- ful performance of such private trusts, nor shall it be prohibited from so doing. Amounts Apportioned, How Treated. — And provided, further, that the respective amounts of capital or capital and surplus so apportioned and set aside shall be treated in all respects as the separate capital or capital and surplus of each respective kind or class of business, as though the same were conducted by separate and distinct corporations, and each shall be kept, held, used and disposed of wholly for the exclusive benefit, protection and security of the respective classes of trust business to which the same were respectively so apportioned and set aside. Oaths and Affidavits. — In all eases in which it is required that an ex- ecutor, administrator, guardian of estates, assignee, receiver, depositary or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such cor- poration if such oath be taken and subscribed or such affidavit made by the president, vice-president, secretary, manager, trust officer, assistant trust officer or regularly employed attorney thereof, and such officer or 16 242 hillyer's legal manual. employee shall be liable for the failure of such trust company to perform any of the duties required by law to be performed by an individual actinpf in like capacity and subject to like penalties ; provided, any such appointment as guardian shall apply to the estate only, and not to the person. Powers of Foreign Corporation as Trustee of Bond Issue, etc. — No foreign eorporation shall have or exercise in this State the power to act as trustee under any mortgage, deed of trust, or other instrument secur- ing notes or bonds issued by any corporation excepting that a foreign corporation may be authorized to act, outside of the State of California, as cotrustee with any qualified trust company organized and doing busi- ness under the laws of this State, for the following purposes with refer- ence to bonds secured by mortgage or deed of trust of property in this State, and none other: (1) To deliver bonds, and receive payment therefor. (2) To deliver permanent bonds in exchange for temporary bonds of the same issue. (3) To deliver refunding bonds in exchange for those of a prior issue or issues. (4) To register bonds, or to exchange registered bonds for coupon bonds, or coupon bonds for registered bonds. (5) To pay interest on such bonds, and to take up and eancel coupons representing such interest payments. (6) To redeem and cancel bonds when called for redemption, or to pay and cancel bonds when due. (7) The certification of registered bonds for the purpose of exchang- ing registered bonds for coupon bonds. § 91. Deposits Subject to Order of Court. — Any court having jur- isdiction of any executor, administrator, guardian, assignee, receiver, depositary or trustee, upon the application of any such officer or trustee, or upon the application of any person having an interest in the estate or property administered by such officer or trustee, after such notice to the other parties in interest as the court may direct, and after a hearing upon such application, may authorize such officer or trustee to deposit any moneys then in his hands, or which may come into his hands there- after, until the further order of said court, with any such trust company, and upon deposit of such money, and its receipt and acceptance by such trust company, the said officer or trustee shall be discharged from fur- ther care or responsibilit.y therefor. Such deposit shall be paid out only upon the order of said court. § 92. Deposits by Public Administrator. — Any public administrator may deposit any or all moneys of any estate upon which he is admin- istering, not required for the current expenses of such administration, with any such trust company having its principal place of business in the county, or city and county, in which he is acting as such admin- istrator. Any court having jurisdiction of an estate being administered by a public administrator, may direct such administrator to deposit all or any part of the moneys of said estate with any such trust company. Such deposit shall relieve the public administrator from depositing with the county treasurer the moneys so deposited with such trust company. CALIFORNIA BANK ACT. 243 Moneys so deposited by a public administrator may be drawn, upon the order of such administrator, countersigned by a judge of the superior court, when required for the purposes of administration, or otherwise. § 93. Deposit of Property Subject to Order of Court. — Any court having jurisdiction of any estate in process of administration, or any other proceeding, may, on application of any person interested therein, or the person who has been selected by said court, or a judge thereof as executor, administrator, guardian, assignee, receiver, depositary or trus- tee, after such notice to the parties in interest as the court shall direct, or without notice if all parties in interest consent thereto, and a hearing on such application, order any executor, administrator, guardian, as- signee, receiver, depositary or trustee so selected or appointed, whether such person has duly qualified or not to deposit with any such trust com- pany, for safekeeping, such portion or all of the personal assets of said estate as the court shall deem proper, and upon such deposit being made, the court shall by an order of record reduce the bond to be given or theretofore given by such officer or trustee, so as to cover only the estate remaining in the hands of said officer or trustee; and the property so deposited shall thereupon be held by such trust company, under the order and direction of said court. § 94. Liability of Trust Company on Deposit Subject to Order of Court. — Such trust company shall not be required to give any bond or security in case of any appointment or deposit of moneys or other personal assets hereinbefore provided for, except as provided in this act, but shall be responsible for all investments which shall be made by it of the funds which may be intrusted to it for investment by such court, and shall be liable to the same extent as an individual, and as hereinafter provided. § 95. Interest upon Moneys Deposited by Order of Court. — Such trust company shall pay interest upon all moneys so deposited with it at such rate as may be agreed upon at the time of its acceptance of any such deposit, or as shall be provided by the order of court and agreed to by such trust company. § 96. Deposit With State Treasurer. — Any such trust company, if its principal place of business is situated in a city the population of which does not exceed one hundred thousand persons, before accepting any such appointment or deposit, shall deposit with the State treasurer, as herein provided, at least fifty thousand dollars as security for the faithful performance and execution of all court trusts accepted by it, and shall also deposit with the State treasurer at least fifty thousand dollars as security for the faithful performance and execution of all private trusts accepted by it, and whenever any such trust company shall, under the provisions of section 98 of this act, be required to make the first additional deposit of securities with the State treasurer, such trust company must also deposit w4th the State treasurer an additional fifty thousand dollars as security for the faithful performance and ex- ecution of all private trusts accepted by it; and any trust company if its principal place of business is situated in a city the population of which exceeds one hundred thousand persons, before accepting any such appointment or deposit, shall deposit with the State treasurer, as herein 244 HILLYER^S LEGAL MANUAL. provided at least one hundred thousand dollars, as security for the faith- ful performance and execution of all court trusts accepted by it, and shall also deposit with the State treasurer at least one hundred thousand dollars as security for the faithful performance and execution of all private trusts accepted by it. How Made. — Any such deposit may be made either in lawful money of the United States, or in securities of either or any of the following classes : (a) Bonds issued by the United States or by this State or by any county, city and county, city or school district therein ; (b) Bonds for the payment of which the faith and credit of the United States or of this State are pledged; (c) Notes or bonds secured by mortgage or deed of trust constituting a first lien on improved and productive real estate in the State of Cali- fornia; such improved real estate being at least double the amount of such lien. Approval of Securities. — Such money or securities shall be first ap- proved by the superintendent of banks, and, upon his written order, de- posited with the State treasurer for the respective purposes herein specified, and How Held. — Said treasurer shall give his receipt therefor, and there- after, subject to the provisions of this act, shall hold such deposits of money or security separately, each for the sole benefit of the beneficiaries of the class of trust business, for the security and protection of which the same was deposited, and said treasurer shall give his receipt therefor and the State shall be responsible for the custody and safe return of any money or securities so deposited. Exchange, Interest and Dividends. — Said securities or money so de- posited may, with the approval of the superintendent of banks, be withdrawn or exchanged from time to time for other like securities, or lawful money, receivable as aforesaid, and so long as the trust company so depositing said money or securities shall continue solvent, it shall have the right and shall be permitted by the State treasurer to receive the interest and dividends on any securities so deposited. Said secur- ities and money shall be subject to sale and transfer, and to the disposal of the proceeds by said State treasurer, only on the order of a court of competent jurisdiction and for the benefit respectively of the ben- eficiaries of that class of trust business for the security and protection of which the same were deposited. § 97. Mortgage of Bank Premises to State Treasurer. — ^Any such trust company, having a capital and surplus of two hundred thousand dol- lars or more apportioned and set aside as security for the faithful perfor- mance and execution of all court trusts accepted by it, as provided in this act, and which is wholly or in part invested in the lot and building in which its business is carried on, may be permitted by the superin- tendent of banks to mortgage such lot and building to the State treas- urer for such sum, up to its full market value, as the superintendent of banks may determine, and such mortgage may be deposited with said treasurer, and when so deposited it shall be included in the amount of CALIFORNIA BANK ACT. 245 securities herein required to be deposited with said treasurer as security for the faithful performance of all such court trusts. § 98. Additional Deposits With State Treasurer. — Whenever any trust company, the principal place of business of which is located in a city the population of which does not exceed one hundred thousand per- sons, receives from the court trusts accepted by it, trust funds, as herein defined, to the amount of five hundred thousand dollars, it shall forth- with notify in writing the superintendent of banks of such fact, and within thirty days thereafter shall deposit with the State treasurer ad- ditional money or securities of the character mentioned and defined in section 96 of this act, approved as therein provided, in the amount of fifty thousand dollars ; and whenever any trust company receives from court trusts such funds to the amount of one million dollars it shall fur- ther notify in writing the superintendent of banks of such fact and within thirty days thereafter shall deposit with the State treasurer ad- ditional money or securities of the character mentioned and defined in section 96 of this act, approved as therein provided, in the amount of fifty thousand dollars; and for each additional five hundred thousand dollars of such trust funds thereafter received by any trust company from court trusts a similar notification in writing shall forthwith be given to the superintendent of banks, and a further deposit in the amount of twenty-five thousand dollars of such money or securities, or of secur- ities provided for in section 97 of this act likewise approved, shall be made, within thirty days thereafter, by such trust company with said State treasurer. The treasurer shall give his receipt for any money or securities so deposited and each and all of said deposits of money or securities, shall be held by said State treasurer for the sole benefit of the beneficiaries of the class of business for the security and protection of which same were deposited. State Responsible. — The State shall be responsible for the custody and safe return of any money or securities so deposited with said State treasurer. Term "Trust Funds" Defined.— The term ''trust funds" when used in this section shall be deemed to mean and shall mean personal property and cash, whether received with the original trust property or as rent, income or proceeds thereof, or otherwise, in connection with the trust, and shall not be deemed to include and shall not include real property. Penalty. — Any trust company failing to comply with the provisions of this section shall forfeit to the State of California one hundred dol- lars a day for each day during which such failure or default shall con- tinue. Withdrawal of Securities. — Upon making a request in writing to the superintendent of banks, any such trust company shall be entitled to withdraw from the State treasurer, from time to time, a sufficient amount of such securities so that at all times the amount of such securi- ties so deposited shall conform to the requirements of this act, and so that at no time shall such trust company be required to have on deposit with the State treasurer an amount of securities in excess of the requirements of this act. Upon receiving such request in writ- ing, and satisfactory proof of the facts warranting such withdrawal, 246 hillyer's legal manual. it shall be the duty of the superintendent of banks to forthwith de- liver to the State treasurer a written order directing the withdrawal of said securities so as to conform with the provisions of this section, and it shall be the duty of the State Treasurer to comply with such written order. Acts Done Prior to Revocation of Certificate of Authority.— The validity or legality of any act or proceeding done or taken by any such trust company, relating to or in connection with the administra- tion of any such trusts, shall not be affected or impaired by the neglect or failure of such trust company, or of any officer or employee thereof, to comply with any of the provisions of this act, but all such acts and proceedings done or taken prior to the revocation of its certificate of authority to do such business by the superintendent of banks, under the provisions of this act, or the revocation by any court or judge thereof of the appointment, order or decree theretofore entered in such trust matter shall be as valid and effective for all purposes as if any such neglect or failure had not occurred. § 99. Evidence of Title— Fees.— When any part of the securities so deposited with the State treasurer consists of notes or bonds secured by mortgage or deed of trust, it shall be accompanied by a complete abstract of title or an unlimited certificate of title or a policy of title insurance prepared or issued by a person, company or corpora- tion designated or approved by the superintendent of banks and authorized by law or otherwise found by the superintendent of banks to be competent to issue such evidence of title, which shall be ex- amined and approved by or under the direction of said superintend- ent of banks. The fees for an examination of such evidence of title by counsel to be paid by the trust company making the deposit shall not exceed twenty dollars for each title examined, and the fee for each appraiser, not exceeding two, shall not exceed five dollars for each mortgage or deed of trust. § 100. [Repealed 1913.1 § 101. Trusts Classified. — ^For the purposes of this act, all trusts permitted to be accepted or executed by any such trust company, under any provision of this act are hereby classified and defined as either : (a) Court trusts ; or (b) Private trusts. Court Trust Defined. — A court trust is one in which any such trust company acts under appointment, order or decree of any court, as executor, administrator, guardian, assignee, receiver, depositary or trustee, or in w^hich it receives on deposit from a public administrator, under any provision of this act, or from any executor, administrator, guardian, assignee, receiver, depositary or trustee, under any order or decree of any court, money or property. Private Trust Defined. — Any other trust is a private trust. Private Trusts not Stibject to Inspection. — The inspection and su- pervision of the superintendent of banks shall extend only to court trusts as herein defined. Private trusts shall not be subject to the in- CALIFORNIA BANK ACT. 247 spection or supervision of the superintendent of banks, his attorneys, examiners or other assistants. Reports. — In making the reports to the superintendent of banks , required by this act, every trust company shall, in addition to the other facts to be reported by it, furnish only a list and brief descrip- tion of the court trusts held by it, the source of appointment thereto, the authority by v/hich the appointment or deposit was made, and the amount of real or personal property held by such trust company by virtue thereof. § 102. Discontinuance of Business. — Any corporation which de- sires to withdraw from and discontinue doing a trust business shall furnish to the superintendent of banks satisfactory evidence of its release and discharge from all the obligations and trusts hereinbefore provided for, and thereupon the superintendent of banks shall revoke his certificate of authority to do a trust business theretofore issued to such corporation, and the State treasurer shall return to said cor- poration all the securities deposited by such corporation and shall cancel any mortgage made by such corporation to said State treasurer as a part of such securities, and thereafter such corporation shall not be permitted to use and shall not use the word "trust" in its corporate name or in connection with its business. § 103. Secrecy. — Any trust company exercising the powers and performing the duties provided for in this act, shall, except as herein otherwise provided, keep inviolate all communications and writings made to or by said trustee touching the existence, condition, manage- ment and administration of any private trust confided to it; and no creditor or stockholder of any such trust company shall be entitled to disclosure or knowledge of any such communication or writing; provided, however, that the president, vice-president, manager, trust officer, secretary or regularly employed attorney of any such trust company shall be entitled to knowledge of any such communication or writing ; and provided further, that in any suit or proceeding touch- ing the existence, condition, management or administration of any such trust, the court wherein the same is pending may require dis- closure of any such communication or writing. § 104. [Repealed 1913.] § 105. Investment of Capital, Surplus and Trust Funds. — Every trust company shall, except as otherwise provided by law, invest its capital and surplus and any trust funds received by it in connection with its trust business, in accordance with the laws relative to the investment or loan of funds deposited with savings banks, unless a specific agreement to the contrary is made between the trust com- pany and the party creating the trust, or unless it is otherwise ordered by the court, in connection with any cotirt trust. § 106. Trust Company Doing Commercial or Savings Bank Busi- ness — Capital. — Any such trust company desiring to do, or doing, a commercial banking business or a savings bank business, or both, in addition to its trust business shall have actually paid up, in cash, the amount of capital provided in section 23 of this act. 248 HILLYER^S LEGAL MANUAL. Title Insurance Company Doing Trust Business — Capital. — Any title insurance company authorized by its articles of incorporation to do, or doing a trust business, in addition to its title insurance business, shall comply with all the requirements of any law governing trust companies, and shall have a capital stock actually paid in, in cash, of not less than two hundred thousand dollars, and in addition thereto, the capital stock required by law for doing a title insurance business! Such capital for each such department or class of business shall be increased from time to time in the same manner and to the same ex- tent as though each such department or class of business was con- ducted by a separate bank, trust company or title insurance company, instead of as separate departments or classes of business. Compliance With Act. — ^Any trust company and any title insurance company doing a departmental business as above provided shall com- ply with the provisions of this act governing each of such departments and with the provisions of any law governing each such class of busi- ness as to its deposits, reserve, surplus, investments and loans. § 107. Title Insurance and Trust Company — Supervision and Re- ports. — Any corporation doing a departmental business as a title in- surance company and as a trust company, shall, as to its trust department, be subject to the supervision and inspection of the super- intendent of banks, and as to its trust department must make all reports to the superintendent of banks required to be made by trust companies by the provisions of this act, and as to its trust department such corporation shall also be subject to, and shall have the benefit of all other provisions and requirements of this act applicable to trust companies, and shall also be subject to and shall have the benefit of all of the banking laws and rules and regulations of the banking de- partment of this State applicable to trust companies. The proportion- ate part of the State banking fund provided for by section 123 of this act, that shall be payable by such corporation, shall be based on the amount of capital and surplus of such corporation apportioned to its trust department. ARTICLE V. State Banking Department. § 120. Superintendent of Banks — ^Appointment, Salary, Oath and Bond. — There is hereby created a State banking department. The chief officer of such department shall be the superintendent thereof, and be known as the superintendent of banks. He shall be appointed by the governor, and shall hold office at the pleasure of the governor. He shall not, either directly or indirectly, be interested in any com- mercial bank, savings bank or trust company, or as an individual banker. He shall receive an annual salary of ten thousand dollars, to be paid monthly out of the State treasury on a warrant of the con- troller. He shall, within fifteen days from the time of notice of his appointment, take and subscribe to the constitutional oath of office, and file the same in the office of the Secretary of State, and execute to the people of the State a bond in the penal sum of fifty thousand dollars, with corporate surety or two or more sureties to be approved CALIFORNIA BANK ACT. 249 by the Governor of the State, conditioned for the faithful discharge of the duties of his office. § 121. Assistants and Compensation of. — The superintendent of banks shall employ a chief deputy, attorney and such examiners and other assistants as he may need to discharge in a proper manner the duties imposed upon him by law, none of which examiners or assist- ants or attorneys shall be interested in any bank in this State as di- rector, stockholder, officer or employee, and they shall perform such duties as he shall assign to them. He shall fix the compensation of the chief deputy, attorney, examiners and other assistants, which compensation shall be paid monthly on his certificate and on the war- rant of the controller out of the State treasury. Chief Deputy, Appointment, Oath, Experience, Bond. — The chief deputy shall within fifteen days from the time of his appointment take and subscribe to the constitutional oath of office and file the same in the office of the Secretary of State. No person shall be appointed a chief deputy who has not had at least three years' active banking experience, either as an executive officer or employee of some bank in this State. In case of the absence or inability to act, or vacancy in the office of the superintendent of banks for thirty consecutive days, the chief deputy shall execute to the people of the State a bond in the penal sum of fifty thousand dollars, with corporate surety or two sureties to be approved by the controller and treasurer of the State, conditioned for the faithful discharge of the duties of the superin- tendent while such deputy acts as superintendent, and upon filing such bond such deputy shall have all the power and duties of superin- tendent of banks, until the inability of the superintendent shall be removed, or until a new superintendent of banks shall have been ap- pointed by the Governor. Superintendent, Deputy or Examiner not to Become Indebted to Bank. — No superintendent of banks, chief deputy, or bank examiner, shall be or shall become indebted, directly or indirectly, either as bor- rower, indorser, surety, or guarantor, to any bank under his supervision or subject to his examination. ;§ 122. Office. — The superintendent of banks shall have his princi- pal office in the city of San Francisco, and may also have suitable rooms in the city of Los Angeles, wherein to conduct the business of the State banking department. The superintendent shall, from time to time, obtain the necessarj^ furniture, stationery, fuel, lights, and other proper conveniences for the transaction of such business; the expense of which shall be paid out of the State treasury on the cer- tificate of the superintendent and the warrant of the controller. § 123«. State Banking Fund. — ^A fund is hereby created to be known as the State banking fund, and out of said fund shall be paid all the expenses incurred in and about the conduct of the business of the banking department, including the salary of the superintendent, chief deputy, attorney, examiners and other assistants, traveling ex- penses, furnishing of rooms and rent. Each bank shall pay annually its share of eighty-seven thousand five hundred dollars, to be deter- mined by the proportion which the capital and surplus which shall 250 HILLYER^S LEGAL MANUAL. include all reserve and contingent funds, of any incorporated bank or the surplus, reserve and contingent funds of any bank organized without a capital stock bear to the capital, surplus, reserve and con- tingent funds in the aggregate of all such banks receiving certificates of authorization from the superintendent of banks, as shown by the last report of such bank to the superintendent of banks. All moneys col- lected or received by the superintendent of banks, under and by virtue of the provisions of this act, shall be by him delivered to the treasurer of the State, who shall deposit the same to the credit of said banking fund, and the unexpended balances of all moneys heretofore paid into the State treasury by any of the bank commissioners or the superin- tendent of banks, shall be retained and become a part of said fund; provided, however, that the superintendent shall have authority to re- tain in his possession and under his control the sum of five hundred dollars to be used by him as a revolving fund for the benefit of the State banking department until the end of the fiscal year at which time he shall make full settlement with the treasurer of the State. If any such bank shall fail to pay such charges as are herein required, the superintendent shall forthwith cancel the certificate of said bank. § 124. Examination. — Every bank and the trust department of every title insurance company doing a trust business, shall be subject to the inspection of the superintendent of banfe. The superintendent of banks, the chief deputy, or some competent person or persons to be appointed by the superintendent of banks, to be known as examiners, shall visit and examine every bank at least once each fiscal year. On every such examination inquiries shall be made by him as to the condi- tion and resources of the bank, the mode of conducting and managing its affairs, the action of its directors, the investment and disposition of its funds, the safety and prudence of its management, the security afforded to those by whom its engagements are held and whether the requirements of its articles of incorporation and the law have been com- plied with in the administration of its affairs, and as to such otlier matters as the superintendent may prescribe. Extra Examination. — Whenever, in the judgment of the superin- tendent of banks, the condition of any bank renders it necessary or expedient to make an extra examination or to devote any extraordinary attention to its affairs the superintendent of banks shall have authority to make any and all necessary extra examinations and to devote any necessary extra attention to the conduct of its affairs; and such bank shall pay for all such extra services rendered by the superintendent of banks at a price to be fixed by the superintendent of banks but not to exceed twenty dollars per day. Agency of Foreign Bank. — The superintendent of banks shall also have power to examine, or cause to be examined, every agency located in this State of any foreign bank or banking corporation, for the pur- pose of ascertaining whether it has complied with the laws of this State, and for such other purposes and as to such other matters as the super- intendent may prescribe. Power to Administer Oath. — The superintendent, chief deputy, and every such examiner shall have the power to administer an oath to any CALIFORNIA BANK ACT. 251 person whose testimony he may require on the examination of any bank, or on the examination of any agency of any foreign bank or"l)anking corporation, and to compel appearance and attendance of any such person for the purpose of any such examination. Appraisement of Securities of Doubtful Value. — When a bank shall have been examined by any examiner, and he finds securities therein which are, in his judgment, of doubtful value, he shall report the same to the superintendent of banks, who thereupon shall be authorized to employ appraisers at the expense of such bank to appraise said securi- ties, at a compensation to be fixed by the superintendent of banks. Auditor. — The superintendent of banks shall, whenever requested to do so by any bank, provide an auditor to make an audit of the affairs of such bank. The compensation for making such audit shall be paid by the bank direct to the person making the audit. Private Trust or Title Insurance Business. — Nothing herein shall be deemed to authorize or require the superintendent of banks to inspect or supervise the private trust business or title insurance business of any corporation doing a trust business. § 125. Examiner — Oath. — Every examiner appointed by the su- perintendent of banks shall, before entering upon the discharge of his duties, take the constitutional oath of office and cause the same to be filed in the office of the Secretary of State. No Examiner to be Appointed Receiver of Bank Examined. — No such examiner shall be appointed receiver of any bank whose books, papers and affairs he shall have examined pursuant to his appoint- ment. § 126. Neglect to Report Insolvency or Unsafe Condition. — If the chief deputy or any examiner shall have knowledge of the insolvency or unsafe condition of any bank mentioned in this act, and that it is unsafe or inexpedient to permit said bank to continue business, and shall neglect to forthwith report such fact in w^riting over his signa- ture to the superintendent of banks, he shall be guilty of felony. § 127. Grounds for Withholding Certificate of Authority. — No bank shall transact any business in this State without the written approval of the superintendent of banks, and without his written certificate stating that it has complied with the provisions of this act, and all the requirements of law, and that it is authorized to transact, within this State, the business specified therein; which certificate may be withheld by the superintendent of banks whenever he has reason to believe that the bank is being formed for any other than the legiti- mate objects contemplated by this act, or whenever he has reason to believe that the public convenience and advantage will not be pro- moted by the opening of such bank, or whenever he has reason to believe that the corporate name assumed by such bank, by reason of the use by it of any one or more of the words "commercial," "trust," or "savings," in conjunction with any other word or words, resembles so closely as to be likely to cause confusion, the name of any other bank previously formed under the laws of this State. Preliminary Examination. — Before issuing such certificate the su-. perintendent of banks shall examine, or cause an examination to be 252 hillyer's legal manual. made, in order to ascertain whether the requisite capital of such bank has been paid up in cash or the requisite reserve or surplus fund has been accumulated. When Bank may Commence Business. — The superintendent of banks shall not authorize such bank to commence business until it appears from such examination, or other evidence satisfactory to him, that the requisite capital has been, in good faith, subscribed and paid in, in cash, or that the requisite surplus or reserve fund has been accumu- lated or paid in, in cash, and until said bank shall have paid a fee of fifty dollars for each department to be operated by said bank. . § 128. Superintendent to Ascertain Character of Stockholders. — When the certified copy of articles of incorporation of any bank shall have been filed with the Secretary of State, and application made for the issuance of a certificate to do business as a bank, the superintend- ent of banks, provided he has not withheld granting his certificate for any of the reasons set forth in section 127 hereof, shall ascertain, from the best sources of information at his command, whether the character and general fitness of the persons named as stockholders are such as to command the confidence of the community in which such bank is proposed to be located. Issuance of Certificate of Authorization. — And, if so satisfied, he shall, within sixty days after such application has been made to him, issue, under his hand and ofiicial seal, the certificate of authori- zation required by this act. The superintendent of banks shall trans- mit a duplicate of such certificate of authorization to the county clerk of the county in w^hich the principal place of business of such bank is located, and he shall file the same in his office. The superin- tendent of banks shall also file a duplicate of such certificate in his own office. § 129. Bank Doing Departmental Business to Render Separate Report for Each Department. — Every bank doing a departmental business shall render to the superintendent of banks for each depart- ment conducted by it, a separate report showing in detail as required by section 130 of this act, the actual financial condition of such de- partment and shall at the time of furnishing said report separately publish the statement for each department as provided in section 132 of this act. § 130. Reports to Superintendent. — ^Every bank, organized under the laws of this State, shall, whenever required by the superintendent of banks, make a report in writing to him, verified by the oath of its president and its secretary or cashier, or two principal officers. Such reports shall show the actual financial condition of the bank making the report, at the close of any past day designated by the superin- tendent, and shall specify the following: 1. Capital Stock and Shares. — The amount of its capital stock and the number of shares into which it is divided. 2. Directors and Number of Shares. — The names of the directors and the number of shares of stock held by each. CALIFORNIA BANK ACT. 253 3. Capital Actually Paid, Surplus, Reserve and Other Funds. — The total amount of capital actually paid in, in cash, and the total amount of surplus, reserve and any other funds. 4. Amount Due Depositors. — The total amount due the depositors. 5. Other Liabilities. — ^The total amount and character of any other liabilities it may have. 6. Real Estate. — 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 ; also the market value of all other real estate held, whether acquired in settlement of loans or otherwise, the original cost to the bank, the date when acquired, the amount at which it stands debited on the bank books, in what counties situated, and in what name the title is vested, if not in the name of the bank itself. 7. Amount Loaned on Real Estate. — 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 itself disclose the name of the bank. 8. Bonds. — ^The amount invested in bonds, designating the name and amount of each particular kind. 9. Amount Loaned on Stocks and Bonds. — The amount loaned on stocks and bonds, designating each particular class and the amount thereof. 10. Amount Loaned on Other Securities. — The amount of money loaned on other securities, with a particular designation of each class and the amount loaned on each. 11. Money. — The amount and kind of money on hand or deposited in any other bank or place, with the name of the place where de- posited and the amount in each place. 12. Other Property or Money not Otherwise Enumerated. — Any other property held, or any amount of money loaned, deposited, in- vested or placed, not otherwise herein enumerated, and the place where situate and the value of said property, and the amount so loaned, deposited or placed. 13. Date of Last Directors' Examination. — The date on which ex- amination of the bank was last made by its board of directors and the date on which report of such examination was filed, as required by section 139 of this act. 14. Outstanding Loans. — The outstanding and unpaid amounts of any loans made by the bank, which under the provisions of either section 65 or 83 of this act are required to be reported to the superin- tendent of banks. 15. Overdrafts, etc. — Any overdrafts and any loans, investments, acts or omissions violative of or not in conformity with any provision of this act which may be specifically called for. Reports by Foreign Banks. — ^Every foreign corporation transacting the business of banking in this State shall make the report herein required as far as such report may relate to the affairs of such cor- 254 hillyer's legal manual. poratioii iii this State, and every foreign corporation must particularly render the report required by subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this section. Such report shall be made in writing and verified by the oath of one of its duly authorized officers or man- agers residing in this State. The oaths of the officers and the state- ments 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 con- tained is true. Any willful false statement in the premises shall be perjury and shall be punished as such. § 130a. Special Report. — In addition to the information obtained from the report required by the provisions of section 130 of this act, the superintendent of banks shall also have the power to require any bank to furnish a special report in writing, verified as required by section 130 of this act, whenever in his judgment such special report is necessary to inform him fully of the actual financial condition and affairs of such bank. Any willful false statement in the premises shall be perjury and shall be punished as such. § 131. Call for Reports. — The superintendent of banks shall call for the reports specified by section 130 of this act at least three times each year. The ''past day designated by the superintendent" of banks under the provisions of section 130 of this act shall be as nearly as possible the day designated by the comptroller of currency of the United States for reports of national banking associations. § 132. Published Statement. — At the time of furnishing such re- port to the superintendent of banks, every bank shall also publish a condensed statement of its financial condition, at least once, in some newspaper of general circulation, published in the city or town where its principal place of business is located, and, if no paper is published in such town, then in some newspaper of general circulation in the county where its principal place of business is located. Such published statement shall show the total amount of loans, the total amount of overdrafts, the total amount invested in bonds and other securities, the total amount due from banks, the total amount of checks and other cash items, the total amount of cash on hand, capital paid in, surplus funds; undivided profits, less expenses and taxes paid; due to other banks and bankers, due to trust companies and savings banks; in- dividual deposits subject to checks ; demand certificates of deposit ; time deposit; certified checks; cashier's checks Outstanding; and such other items as will show the actual financial condition of the bank making the report. § 133. Impairment or Reduction of Capital. — Whenever it shall ap- pear from the report of any bank, or the superintendent of banks shall have reason to believe that the capital of any bank is impaired or reduced below the amount required by law, it shall be the duty of the superintendent of banks and he shall have the power to examine said bank and ascertain the facts, and in case he finds such impairment or reduction of capital, he shall require such bank to make good the de- ficiency so appearing within sixty days after the date of such requisi- tion. CALIFORNIA BANK ACT. 255 Assessment to Repair Deficiency.— The directors of every such bank7 upon which such requisition shall have been made, shall levy an assess- ment upon the stock thereof to repair such deficiency, and shall cause notice of such requisition to be ^iven to each stockholder of the bank and of the amount of the assessment which he must pay for the pur- pose of making good such deficienc}^, by a written or printed notice mailed to such stockholder at his last known address or served per- sonally upon him. Sale. — If any stockholder shall refuse or neglect to pay the assess- ment specified in such notice within thirty days from the date of mailing or serving such notice as aforesaid, the directors of such bank shall have the right to sell to the highest bidder at public auction the stock of such stockholder, after giving a previous notice of such sale for ten days in a newspaper of general circulation published in the county where the prin- cipal place of bu-siness of such bank is located, and a copy of such notice of sale shall also be served on the owner of such stock by being served personally on him or by mailing to his last known address ten days before the day fixed for such sale. Private Sale. — Such stock may be sold at private sale and without such public notice ; provided, however, that before making such private sale thereof an offer in writing shall first be obtained and a copy thereof served upon the owner of record of the stock sought to be sold, either per- sonally or by mailing a copy of such offer to his last known address ; and if, after service of such offer, such owner shall still refuse or neglect to pay such as.sessment within two weeks from the time of the service of such offer, the said directors may accept such offer and sell such stock to the person making such offer, or to any other person or persons making a larger offer than the amount named in the offer submitted to the stock- holder ; but such stock shall in no event be sold for a smaller sum than the valuation put on it by the superintendent of banks in his determina- tion and requisition as to said assessment, nor for less than the amount of said assessment so called for and the expense of sale. Out of the avails of the stock so sold, the directors shall pay the amount of assessment levied thereon, and the necessary costs of sale, and the balance, if any, shall be paid to the person or persons whose stock has thus been sold. Outstanding" Certificate. — A sale of stock as herein provided shall effect an absolute cancellation of the outstanding certificate or certificates evidencing the stock so sold, and shall make the same null and void, and a new certificate shall be issued by the bank to the purchaser thereof. § 134. Order to Discontinue Violations or Unsafe Practices. — If it shall appear to the superintendent of banks that any bank has violated or failed to comply with the provisions of its articles of incorporation, or any law of this State, he may, by an order under his hand and official seal, which seal must be adopted by him, addressed to such bank, direct such bank to discontinue such violation and to comply with the law ; or, if it shall appear to the superintendent of banks that such bank is con- ducting business in an unsafe or injurious manner, he may, in like man- ner direct the discontinuance of any such unsafe or injurious practices. Order to Show Cause. — Such order shall require such bank to show cause, before the superintendent of banks, at the time and place to 256 HILLYER^S LEGAL MANUAL. be fixed by him, why said order should not be observed. If upon such hearing it shall appear to the superintendent of banks that such bank is conducting business in an unsafe or injurious manner, or is violating or failing to comply with the provisions of its articles of incorporation, or any law of this State, then the superintendent of banks shall make such order final, and such bank shall immediately comply with such order made by the superintendent of banks. Suit to Restrain Enforcement of Order. — Such bank shall have ten days after any such order is made final in which suit may be commenced to restrain enforcement of such order, and unless such action be so com- menced and enforcement of said order be enjoined within ten days, by the court in which such suit is brought, then such bank shall comply with such order. § 135. Superintendent may Call Meeting of Stockholders. — When- ever the superintendent of banks shall deem it expedient he may call a meeting of the stockholders of any bank organized under the laws of this State, by a personal notice of such meeting for fifteen days previous thereto. All necessary expense incurred in the serving of such notice shall be borne by the bank whose stockholders are required to convene. § 135a. Action to Procure Judgment Dissolving Corporation. — If the capital of any bank shall be impaired, or if any bank shall refuse to submit its books, papers and concerns to the inspection of any exam- iner, or if any ofiicer thereof shall refuse to be examined upon oath touch- ing the concerns of such bank, or if such bank shall violate the provisions of its articles of incorporation, or any law of this State, or if such bank shall suspend payment of its obligations, or if such bank shall conduct its business in an unsafe or unauthorized manner, or if from any exam- ination or report provided for by this act the superintendent of banks shall conclude that such bank is in an unsound or unsafe condition to transact the business for which it is organized, or that it is unsafe and inexpedient for it to continue business, an action to procure a judgment dissolving such corporation may be maintained by the superintendent of banks. § 136. Superintendent to Take Possession of Unsound Bank. — Whenever it shall appear to the superintendent of banks that any bank has violated the provisions of its articles of incorporation or any law of this State, or is conducting its business in an unsafe or unauthorized man- ner, or if the capital of any bank is impaired, or if any bank shall refuse to submit its books, papers and concerns to the inspection of any exam- iner, or if any officer thereof shall refuse to be examined upon oath touch- ing the concerns of any such bank or if any bank shall suspend payment of its obligations, or if from any examination or report provided for by this act the superintendent of banks shall have reason to conclude that such bank is in an unsound or unsafe condition to transact the business for which it is organized, or that it is unsafe and inexpedient for it to continue business, or if any bank shall neglect or refuse to observe any order of the superintendent of banks specified in sections 133 or 134 of this act, the superintendent of banks may forthwith take possession of the property and business of such bank and retain such possession until CALIFORNIA BANK ACT. 257 such bank shall resume business, or its affairs be finally liquidated as. herein provided. Notice of Taking Possession— Effect of. — On taking possession of the property and business of any such bank the superintendent of banks shall forthwith give notice of such fact to any and all banks, trust companies, associations and individuals, holding or in possession of. any assets of such bank. No bank, trust company, association or individual knowing of such taking possession by the superintendent of banks, or notified as aforesaid, shall have a lien or charge for any payment, advance or clear- ance thereafter made, or liability thereafter incurred against any of the assets of the bank of whose property and business the superintendent of banks shall have taken possession as aforesaid. Resumption. — Such bank may, with the consent of the superintendent of banks, resume business upon such conditions as may be approved by him. Authority to Collect Moneys. — Upon taking possession of the prop- erty and business of any such bank the superintendent of banks shall have authority to collect moneys due to such bank and do such other acts as are necessary to conserve its assets and business, and shall proceed to liquidate the affairs thereof as hereinafter provided. Bad or Doubtful Debts. — The superintendent of banks shall collect all debts due and claims belonging to it, and upon the order of the superior court may sell or compound any bad or doubtful debts. If a purchaser for any bad or doubtful debts cannot be obtained and it appears improb- able that recovery thereon can be had and that the costs of actions to enforce collection of the same would probably be lost, the court may direct that suits thereon need not be brought. Sales. — On like order he may sell any real or personal property of such bank on such terms as the court shall direct. Action to Enforce Stockholders^ Liability. — And may, if necessary to pay the debts of such bank, enforce the constitutional individual lia- bility of stockholders by action to be brought within three years after the date of his taking possession of the affairs of such bank. The superin- tendent of banks shall determine the necessity of such action and the amount necessary to recover from the stockholders to fully pay all lia- bilities of such bank. Such action may be in equity and against all stock- holders upon whom service of process in the State of California can be had, and the court may therein determine and provide for any equities as between the stockholders including the proportions of each stockholder to any surplus of money or assets that may remain after the payment of all liabilities and the expenses of liquidation. The superintendent of banks may also maintain an action against any stockholder residing out of the State or upon which service of process cannot be had within the State, in any court of the United States or of any State or country. Judgment may be Compromised. — Any judgment so obtained by the superintendent of banks against such or any of such stockholders w^hich is of doubtful value may be compromised and compounded by the super- intendent of banks on such terms and conditions as the superior court may direct or authorize. The superintendent of banks shall file a notice 17 258 of pendency of action in the county recorder's office of the county where such action is brought. Creditor may Elect to Maintain Action in His Individual Capacity. — At any time prior to the trial of any such action, any creditor may serve upon the superintendent of banks and file with the court wherein such action is pending," notice that he elects to maintain an action against the stockholders or any of them, in his individual capacity and thereupon the amount sued for in such action shall be reduced accordingly and such creditor shall not be entitled to share in the proceeds resulting from such action brought by the superintendent of banks. Powers of Superintendent on Liquidation. — ^For the purpose of ex- ecuting and performing any of the powers and duties hereby conferred upon him, the superintendent of banks may, in the name of the delin- quent bank or in his own name, prosecute and defend any and all suits and other legal proceedings and may, in the name of the delinquent bank or in his own name as trustee execute, acknowledge and deliver any and all deeds, assignments, releases and other instruments necessary and proper to effectuate any sale of real or personal property or sale or com- promise or compound authorized by order of the court as herein pro- vided; and any deed or other instrument, executed pursuant to the authority hereby given, shall be valid and effectual for all purposes, as though the same had been executed by the officers of the delinquent bank by authority of its board of directors. In case any of the real property so sold is located in a county other than the county in which the applica- tion to the court for leave to sell the same is made, the superintendent of banks shall cause a certified copy of the order authorizing or ratifying such sale to be filed in the office of the recorder of the county in which the said real property is located. Special Deputy Superintendents of Banks. — The superintendent of banks may, under his hand and official seal, appoint one or more special deputy superintendents of banks, as agent or agents, with the powers specified in the certificate of appointment hereinafter mentioned, to assist him in the duty of liquidation and distribution, the certificate of appoint- ment to be filed in the office of the superintendent of banks, and a cer- tified copy in the office of the clerk of the county in which the principal office of such bank is located. Certificate of Appointment. — The superintendent of banks may from time to time, by a certificate of appointment under his hand and official seal, specifying the powers conferred, authorize a special deputy super- intendent to perform such duties connected with such liquidation and distribution as the superintendent of banks may deem proper. Such cer- tificate of appointment shall be filed in the office of the superintendent of banks and a certified copy in the office of the clerk of the county in which the principal office of such bank is located. Counsel and Expert Assistance.— The superintendent of banks may employ such counsel and procure such expert assistance and advice as may be necessary in the liquidation and distribution of the assets of such bank, and for that purpose may retain such of the officers or employees of such bank as he may deem necessary. The superintendent of banks shall require from a special deputy superintendent and from such assist- CALIFORNIA BANK ACT. 259 ants such security for the faithful discharge of their duties as he ma^ deem proper. Notice to Present Claims. — The superintendent of banks shall cause notice to be given by advertisement, in such newspapers as he may direct, weekly for three consecutive months, calling on all persons who may have claims against such bank to present the same to the superintendent of banks, and make legal proof thereof at a place and within a time, not earlier than the last day of publication, to be therein specified. The superintendent of banks shall mail a similar notice to all persons whose names appear as creditors upon the books of the bank. Notice of Rejection. — If the superintendent of banks doubts the jus- tice and validity of any claim, he may reject the same, and serve notice of such rejection upon the claimant, either by mail or personally. An affidavit of the service of such notice which shall be prima facie evidence thereof shall be filed with the superintendent of banks. Action upon Rejected Claims. — Any action upon a claim so rejected must be brought within six months after such service. Claims Presented After Time. — Claims presented after the expiration of the time fixed in the notice to creditors shall be entitled to share in the distribution only to the extent of the assets in the hands of the super- intendent of banks equitably applicable thereto. Inventory. — Upon taking possession of the property and assets of any bank, the superintendent of banks shall make an inventory of the assets of such bank in duplicate, one to be filed in the office of the superintend- ent of banks, and one with the papers in said proceeding in the office of the clerk of the county in which the principal office of such bank is located. List of Claims Presented. — Upon the expiration of the time fixed for the presentation of claims the superintendent of banl'js shall make in duplicate a full and complete list of the claims presented, including and specifying such claims as have been rejected by him, one to be filed in the office of the superintendent of banks, and one with the papers in said proceeding in the office of the clerk of the county in which the principal office of such bank is located. Supplemental List of Claims. — Thereafter he shall make and file in said offices as above provided at least fifteen days before each application to the court for leave to declare a dividend a supplemental list of the claims presented since the last preceding list was filed, including and specifying such claims as have been rejected by him, and in any event he shall make and file as above provided such a list at least once every six months after the filing of the original list, as long as he shall remain in possession of the property and business of any such bank. Such in- ventory and list of claims shall be open at all reasonable times to inspec- tion. Compensation of Employees and Expenses of Liquidation. — The com- pensation of the special deputy superintendents, counsel and other em- ployees and assistants, and all expenses of supervision and liquidation, shall be fixed by the superintendent of banks and shall upon the certificate of the superintendent of banl^ be paid out of the funds of such bank in the hands of the superintendent of banks. All such expenses must be re- 260 hillyer's legal manual. ported by the superintendent of banks to the superior court of the county where the principal place of business of such bank is located and settled by such court upon notice to such bank. Deposit of Moneys Collected. — The moneys collected by the superin- tendent of banks shall be from time to time deposited in one or more State banks of deposit, savings banks or trust companies, and, in case of the suspension or insolvency of the depositary, such deposits shall be pre- ferred before all other deposits. Dividends. — ^At any time after the expiration of the date fixed for the presentation of claims the superior court may by order authorize the superintendent of banks to declare out of the funds remaining in his hands after the payment of expenses one or more dividends, and after the expiration of one year from the first publication of notice to creditors he may declare a final dividend, such dividends to be paid to such persons, and in such amounts, and upon such notice, as may be directed by the superior cou)'t of the county in which the principal office of such bank is located. Objectians to Claims. — Objections to any claim not rejected by the superintendent of banks may be made by any party interested by filing a copy of such objections with the superintendent of banks, who shall present the same to the superior court at the time of the next application to declare a dividend. The court to which such application is made shall thereupon dispose of said objections or may order a reference for that purpose, and should the objections to any claim be sustained by the court or by the referee, such claim shall not be allowed by the superintendent of banks until the claimant shall have established his claim by the judg- ment of a court of competent jurisdiction. The court must make proper provision for unproved or unclaimed deposits. Notice to Bailors to Remove Property. — Should any bank at the time the superintendent of banks takes possession of its property and business, have in its possession, as bailee for safekeeping and storage, any jewelry, plate, money, specie, bullion, stocks, bonds, securities, valuable papers or other valuable personal property or should it have rented an}^ vaults, safes or safe deposit boxes or any portion thereof for the storage of property of any kind, the superintendent of banks may at any time there- after cause to be mailed to the person claiming to be or appearing upon its books to be the owner of such property, or the person in whose name the safe, vault or box stands, a notice in writing in a securely closed, post- paid registered letter, directed to such person at his postofiice address as recorded upon its books, notifying such person to remove, within a period fixed by said notice and not less than sixty days from the date thereof, all such personal property and upon the date fixed by said notice, the contract, if any, between such person and bank for the storage of said property or for the use of the said safe, vault or box shall cease and deter- mine, and the amount of the unearned rent or charges, if any, paid by such person shall become a debt of the bank to said person. If the prop- erty be not removed within the time fixed by the notice, the superintend- ent of banks may make such disposition of said property as the superior court, upon application thereto, shall direct. Disposition of Contents of Safes, etc.— And the superintendent of banks may cause any safe, vault or box to be opened in his presence or in CALIFORNIA BANK ACT. 261 the presence of one of the special deputy superintendents of banks, and of a notary public not an officer or in the employ of the bank or of the super- intendent of banks, and the contents thereof, if any, to be sealed up by such notary public in a package upon which such notary public shall dis- tinctly mark the name and address of the person in whose name such safe, vault or box stands upon the books of the bank and shall attach thereto a list and description of the property therein; and the package so sealed and addressed, together with the list and description, may be kept by the superintendent of banks in one of the general safes or boxes of the bank until delivered to the person whose name it bears, or until otherwise disposed of as directed by the court. Application for Injunction Against Superintendent. — Whenever any such bank of whose property and business the superintendent of banks has taken possession as aforesaid, deems itself aggrieved thereby, it may, at any time within ten days after taking such possession, apply to the superior court in the county in which the principal office of such bank is located to enjoin further proceedings; and said court, after citing the superintendent of banks to show cause why further proceedings should not be enjoined, and hearing the allegations and proofs of the parties and determining the facts may, upon the merits, dismiss such applica- tion or enjoin the superintendent of banks from further proceedings, and direct him to surrender such business and property to such bank. Appeal. — An appeal as above provided shall operate as a stay of the judgment of the superior court, and no bond need be given if the appeal be taken by the superintendent of banks; but if the appeal be taken by such bank, a bond shall be given, as required by section 943> of the Code of Civil Procedure. Meeting of Stockholders to Determine Whether Superintendent shall be Continued as Liquidator. — Whenever the superintendent of banks shall have paid to each and every depositor and creditor of such bank whose claim or claims as such creditor or depositor shall have been duly proved and allowed, the full amount of such claims, and shall have made proper provision for unclaimed and unpaid deposits or dividends, and shall have paid all the expenses of the liquidation, the superintendent of banks shall call a meeting of the stockholders of such bank giving notice thereof thirty days in one or more newspapers published in the county where the principal office of such bank is located. At such meet- ing the stockholders shall determine whether the superintendent of banks shall be continued as liquidator and shall wind up the affairs of such bank, or whether an agent or agents shall be elected for that purpose, and in so determining the said stockholders shall vote by ballot, in person or by proxy, each share of stock entitling the holder to one vote, and the majority of the stock shall be necessary to a determination. Completion of Liquidation by Superintendent. — In case it is deter- mined to continue the liquidation under the superintendent of banks, he shall complete the liquidation of the affairs of such bank, and after paying the expenses thereof, shall distribute the proceeds among the stockholders in proportion to the several holdings of stock in such man- ner and upon such notice as may be directed by the superior court. Liquidation by Agent. — In case it is determined to appoint an agent or agents to liquidate, the stockholders shall thereupon select such agent 262 HILLYER^S LEGAL MANUAL. or agents by ballot, a majority of the stock present and voting, in person or by proxy, being necessary to a choice. Such agent or agents shall ex- ecute and file with the superintendent of banks a bond to the people of the State in such amount, and with such sureties and in such form as shall be approved by the superintendent of banks, conditioned for the faithful performance of all the duties of his or their trust, and thereupon the superintendent of banks shall transfer and deliver to such agent or agents all the undivided or uncollected or other assets of such bank then remain- ing in his hands ; and upon such transfer and delivery, the said superin- tendent of banks shall be discharged from any and all further liability to such bank and its creditors. Such agent or agents shall convert the assets coming into his or their possession into cash, and shall account for and make distribution of the property of said bank as is herein pro- vided in the case of distribution by the superintendent of banks, except that the expenses thereof shall be subject to the direction and control of a court of record of competent jurisdiction. Death, Removal or Refusal to Act of Agent. — In case of the death, removal, or refusal to act of any such agent or agents, the stockholders, on the same notice, to be given by the superintendent of banks upon proof of such death, removal or refusal to act being filed with him, and by the same vote hereinbefore provided, may elect a successor, who shall have the same powers and be subject to the same liabilities and duties as the agent originally elected. Dividends and Unclaimed Deposits Remaining Unpaid. — Dividends and unclaimed deposits remaining unpaid in the hands of the superin- tendent of banks for six months after the order for final distribution shall be by him deposited with the State treasurer in the same manner and subject to the same disposition as provided for in section 1234 of the Code of Civil Procedure. The superintendent of banks may pay over the moneys so held by him to the persons respectively entitled thereto upon being furnished satisfactory evidence of their right to the same. In cases of doubt or conflicting claims he may require an order of the superior court authorizing and directing the payment thereof. § 136a. Voluntary Liquidation. — Any bank which has ceased to do a banking business whether through voluntary action on its part or through expiration of its corporate existence, shall immediately liquidate its affairs and any unclaimed deposits or dividends shall be paid into the State treasury in the manner and for the purposes provided in section 136 of this act within six months after the date such bank ceased to con- duct a banking business, and in case the superintendent of banks shall have reason to conclude that the liquidation of such bank is not being safely or expeditiously conducted, he may take possession of the prop- erty of such bank and liquidate its affairs in the same manner as pro- vided in section 136 of this act. Whenever any bank of whose property the superintendent of banks had taken possession as aforesaid, deems itself aggrieved thereby, it may within the time and in like manner and effect as provided in section 136 of this act apply to the superior court to enjoin further proceedings. § 136b. Jurisdiction Vested in Superior Court of County.— In any action or proceeding brought under any provision of this act, exclusive CALIFORNIA BANK ACT. 263 original jurisdiction shall be vested in the superior court of the countj^ in which is located the principal place of business of the bank affected thereby, and all proceedings relating to the same matter, under any provision of this act, including proceedings for liquidation of the affairs of any such bank, shall be filed with and treated as a part of the record in such original proceedings, and all papers relating to any such action or proceeding, including the copy of certificate of appointment of any special deputy and the inventories required to be filed in the matter of any such liquidation, shall be filed with and made a part of the record of such original proceeding, without the payment of any additional fees therefor, and in any such action no damage may be awarded, but the action otherwise shall be tried and determined according to the pro- visions of the Code of Civil Procedure. § 137. 1. Voluntary Dissolution.— Any bank shall have the right, on application of the stockholders or members to apply to the superior court of the county wherein its principal place of business is situated, to dissolve said bank in the manner provided for in title VI, part III, of the Code of Civil Procedure. 2. Final Disposition of Unpaid Dividends. — At the expiration of four months after the settlement of the final account of the receiver of any bank appointed prior to July 1, 1909, any dividends due depositors, or other creditors, or stockholders of such bank and remaining unpaid or uncalled for and in the hands of such receiver may be paid by him into the treasury of the county in which such bank is situated which money shall be held in the treasury of said county, and at the same time it shall be the duty of such receiver to furnish to the county treas- urer of said county a list of names of all depositors or other persons to whom such money belongs or who are entitled thereto and thereupon such receiver shall be entitled to his discharge. 3. Order of Court. — The moneys referred to in subdivision 2 of this section shall be paid out on the order of the court appointing such re- ceiver. 4. Moneys to Escheat to State. — All moneys paid under subdivision 2 of this section, uncalled for within five years after being paid in, shall by operation of law, and without action had, escheat to the State. All moneys held by any county treasurer under subdivision 2 of this sec- tion, when such moneys have escheated to the State, as hereinbefore provided, shall be paid by the county treasurer into the State treasury, and thereafter only be drawn out in such manner as may be provided for by law for the estates of deceased persons escheated to this State. 5. Investment of Escheated Moneys. — The State board of control must invest such moneys in the same manner that the State school land fund is invested as provided by law\ But any claimant shall be en- titled to recover as herein provided only the principal so paid into the State treasury. § 138. Penalty for Failure to Report.— If any bank shall fail to make any report required by the provisions of section 130 or 130a of this act, within ten days from the day designated for the making thereof by the superintendent of banks, or to include therein any matter required by the provisions of either of said sections, it shall forfeit to the people 264 HILLYER^S LEGAL MANUAL. of the State the sum of one hundred dollars for each day that any such report shall be so delayed or withheld by the failure or neglect of such bank. On Failure to Report, Superintendent to Exajnine. — In the event of the failure of any such bank to make any such report required from it. the superintendent of banks may, in his discretion, immediately cause the books, papers and affairs of such bank to be examined at the expense of such bank. § 139. Examinations by Directors. — It shall be the duty of the board of directors of every bank to examine fully into the books, papers and affairs of the bank of which they are directors, and particularly into the loans and discounts thereof, with a special view to ascertain- ing the value and security thereof, and of the collateral securit}^, if any given, in connection therewith, and into such other matters as the superintendent of banks may require; such examination to be made at least once a year, but no such subsequent yearly examinations shall be made within three months of the next preceding examination. Such directors shall have power to employ such assistance in making such examinations as they may deem necessary. Report by Board of Directors. — ^Within ten days after the completion of such examination, a report in writing thereof, sworn to by the di- rectors making the same, shall be made by the board of directors of such bank, and placed on file with the records of said bank, and shall be subject to examination by the superintendent of banks. Contents of Report. — Such report shall particularly contain a state- ment of the assets and liabilities of the bank examined, as shown by its books, together with any deductions from the assets, or additions to liabilities, which such directors or committee, after such examina- tion, may determine to make. It shall also contain a statement, in de- tail, of loans, if any, which in their opinion are worthless or doubtful, together with their reasons for so regarding them ; also a statement of loans made on collateral security, which in their opinion are insuffi- ciently secured, giving in each case the amount of the loan, the name and market value of the collateral, if it has any market value, and, if not, a statement of that fact, and its actual value as nearly as possible. Such report shall also contain a statement of overdrafts, of the names and amounts of such as they consider worthless or doubtful, and a full statement of such other matters as affect the solvency and soundness of the bank. Extra Examination. — If the directors of such bank shall fail to make such examination or fail to cause it to be made, or shall fail to file such report of such examination in the manner and within the time specified, the superintendent of banks shall have authority to make or cause to be made an extra examination of such bank, at the expense of such bank. § 140. Report to Governor. — The superintendent of banks shall re- port during the month of October of each year, to the Governor, for sub- mission to the next ensuing session of the legislature : 1. Summary. — A summary of the state and condition of every bank required to report to him, and from which reports have been received the preceding year, with an abstract of the whole amount of capital re- CALIFORNIA BANK ACT. 265 turned by them, the whole amount of their debts and liabilities, and th^. total amount of means and resources, specifying the amount of specie held by them at the time of the last report to him, and such other in- formation in relation to such banks as, in his judgment, may be useful. 2. Banks Authorized. — A statement of all banks authorized by him to do business during the previous year, with their names and locations and dates of incorporation, and particularly designating such as have commenced business during the year. 3. Banks Closed. — A statement of the banks whose business has been closed during the year. 4. Amendments to Banking Law. — Any amendments to the banking law, w^hich, in his judgment, may be desirable. 5. Persons Employed — Receipts and Expenses. — The names and compensation of all persons employed by him, and the whole amount of the receipts and expenses of the department during the year. 6. Banks in Liquidation. — The names of banks placed in his hands in processs of liquidation, and the amount of dividends paid thereon. One Thousand Copies Printed. — Such report, and the usual number of copies for the use of the legislature, shall be printed and in readi- ness for distribution by the State Printer, and one thousand copies shall be printed for the use of the department, the expenses of which shall be charged among the general expenses of the department. § 141. 1. Bulletin Board. — The superintendent of banks shall keep in his office, in a place accessible to the general public, a bulletin board upon which he shall cause to be posted at noon on Friday of each week a detailed statement, signed by him or, in case of his absence from San Francisco or inability to act, by the deputy superintendent in charge, giving the following items of general information with regard to the work of the department since the preceding statement : (a) Applications. — The name of every bank that has filed in the banking department an application for authorization to commence business, its location and the date of filing of such application. (b) Authorizations. — The name and location of every bank au- thorized by the superintendent of banks to commence business, its capital, surplus, and the date of authorization. (c) Refusals. — The name of every bank to which a certificate of au- thorization has been refused by the superintendent of banks, and the date of notice of refusal. (d) Employees. — The name and residence of every person appointed by the superintendent of banks as a deputy, examiner or employee in the banking department, the title of the office to which appointed, the compensation paid, and the date of appointment. (e) Calls. — The date on which a call for a report by banks w^as is- sued by the superintendent of banks, and the day designated as the day with reference to which such report should be made. (f) Stockholders' Meetings. — The name and location of every bank whose creditors or depositors have been paid in full by the superin- tendent of banks and a meeting of whose stockholders shall have been called, together with date of notice of meeting and date of meeting. 266 (g) Banks Liquidated, or in Liquidation. — The name and location of every bank subject to the banking law whose affairs and business shall have been finally liquidated, or in course of liquidation. (h) Changes of Name. — The name and location of every bank which has applied for approval of a change of name, and the name proposed. 2. File. — Every such bulletin, after having been posted as aforesaid for one week, shall be placed on a file for such statements, to be kept in the office of the superintendent of banks. All such statements shall be public documents, and at all reasonable times shall be open to public inspection during usual banking hours. § 142. Report Prima Facie Evidence.— Every official report made by the superintendent and every report duly verified of an examination made, shall be prima facie evidence of the facts therein stated, for all purposes in any action or proceedings wherein such bank is a party. § 143. [Repealed 1913.] § 144. Penalties and Forfeitures. — ^Whenever by the terms of this act a penalty or forfeiture is imposed, the same shall be recovered in an action brought at the request of the superintendent of banks by the At- torney General, in the name of the people of the State, and the sum recovered shall be paid into the State banking fund and used in pay- ment of claims against the said fund. § 145. Bank Act — Controlling Effect of. — The powers, privileges, duties and restrictions conferred and imposed upon any corporation or individual existing and doing business under the laws of this State are hereby abridged, enlarged or modified as each particular case may re- quire to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters. Provisions Apply to All Banks Except Express Exception Made.^AU the provisions of this act shall apply with equal force and effect to all corporations which are now doing or which may hereafter do a banking business in this State, except where express exception or exemption may be made herein. Legality of Investments Heretofore Made. — The legality of invest- ments heretofore made, or title to property heretofore acquired or con- veyed through transactions heretofore had by any bank pursuant to any provision of law in force, when such investments were made or transac tions had, shall not be affected by the provisions of this act, except that any such investments made prior to July 1, 1909, when not complying with the provisions hereof, shall be changed to conform hereto ; but such change shall be made gradually and in such manner as to prevent loss or embarrassment in the business of such bank, or unnecessary loss or injury to the borrowers on such security. All Investments not in Conformity must be Written Off Prior to July 1, 1918. — Provided, further, that in any event, all investments and se- curities and excess in investments made prior to July 1, 1909, which are not in conformity with the provisions and spirit of this act and which have been acquired and are now held by any bank, must be written off as assets of such bank prior to July 1, 1918; and no bank holding any such investments or securities acquired prior to July 1, 1909, shall, CALIFORNIA BANK ACT — NATIONAL BANK ACT. 267 after July 1, 1918, be permitted to pay any dividends to its stocks holders until it shall have written off all such nonconforming invest- ments or securities ; and provided, further, that the legality of any in- vestments heretofore lawfully made, pursuant to the provisions of this act as it existed on and subsequent to July 1, 1909, shall not be affected by the provisions of this section. § 146. Acts in Conflict Repealed. — All acts, or parts of acts, in con- flict with this act are hereby repealed. § 147. In Effect.— This act shall take effect July 1, 1909. NATIONAL BANK ACT. (As Amended and Supplemented.) CHAPTER I. Bureau of the Comptroller of the Currency. 1. Bureau of the Comptroller of the Currency.— (§ 324.) There shall be in the Department of the Treasury a Bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of a national currency secured by United States bonds, and, under the general supervision of the Federal Reserve Board, of all Federal reserve notes, the chief officer of which bureau shall be called the Comptroller of the Currency and shall perform his duties under the general directions of the Secretary of the Treasury. 2. Comptroller of the Currency.— (§ 325.) The Comptroller of the Currency shall be appointed by the President, on the recom- mendation of the Secretary of the Treasury, by and with the advice and consent of the Senate, and shall hold his office for the term of five years, unless sooner removed b}^ the President, upon reasons to be communicated by him to the Senate ; and he shall be entitled to a salary of five thousand dollars a year. 3. Qualification of Comptroller of the Currency, Amount of Bond. (§ 326.) The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office; and he shall give to the United States a bond in the penalty of one hundred thousand dollars, with not less than two re- sponsible sureties, to be approved by the Secretary of the Treasury, conditioned for the faithful discharge of the duties of his office. 4. Deputy Comptroller of the Currency. — (§ 327.) There shall be in the Bureau of the Comptroller of the Currency a Deputy Comp- troller of the Currency, to be appointed by the Secretary, who shall be entitled to a salary of two thousand five hundred dollars a year and who shall possess the power and perform the duties attached by law to the office of Comptroller during a vacancy in the office or during the absence or inability of the Comptroller. The Deputy Comptroller shall also take the oath of office prescribed by the Con- stitution and laws of the United States, and shall give a like bond in the penalty of fifty thousand dollars. 268 5. Additional Deputy Comptrollers of the Currency. Act May 22, 1908 Deputy Comptroller, three thousand five hundred dollars ; Deputy Comptroller, three thousand dollars. 6. Clerks. — (§ 328.) The Comptroller of the Currency shall em- ploy, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the Comptroller shall direct. 7. Interest in National Banks Prohibited. — (§ 329.) It shall not be lawful for the Comptroller or the Deputy Comptroller of the Cur- rency, either directly or indirectly, to be interested in any associa- tion issuing national currency under the laws of the United States. 8. Seal of Comptroller of the Currency. — (§ 330.) [As amended 1875.] The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the Comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State. 9. Rooms, Vaults, and Furniture for Currency Bureau. — (§ 331.) There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury building for conducting the business of the Currency Bureau, containing safe and secure fireproof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable things belonging to his department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the business of his office. 10. (§ 332.) 11. Report of Comptroller.— (§ 333.) [As amended 1875.] The Comptroller of the Currency shall make an annual report to Congress, at the commencement of its session, exhibiting — First. A summary of the state and condition of every association from which reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstand- ing, and the total amount of means and resources, specifying the amount of lawful money held by them at the times of their several returns, and such other information in relation to such associations as in his judgment may be useful. Second. A statement of the associations whose business has been closed during the year, with the amount of their circulation redeemed and the amount outstanding. Third. Any amendment to the laws relative to banking by which the system may be improved and the security of the holders of its notes and other creditors may be increased. Fourth. A statement exhibiting under appropriate heads the re- sources and liabilities and condition of the banks, banking companies, and savings banks organized under the laws of the several States and NATIONAL BANK ACT. 269 Territories; such information to be obtained by the Comptroller from^ the reports made by such banks, banking companies, and savings banks to the legislatures or officers of the different States and. Territories, and, where such reports cannot be obtained, the deficiency to be sup- plied from such other authentic sources as may be available. Fifth. The names and compensation of the clerks employed by him, and the whole amount of the expenses of the banking department dur- ing the year. 12. Comptroller to Give Complete List of All Employees of the Office, Information About Failed Banks, Employees Under Re- ceivers, etc. Act April 28, 1902. — Provided, That for the fiscal year of nineteen hundred and two and thereafter, a full and complete list of all officers, agents, clerks, and other employees of the office of the Comptroller of the Currency, including bank examiners, receivers and attorneys for receivers, and clerks employed by such examiners and receivers, or any other person connected with the work of said office in Washington or elsew^here, w^hose salary or compensation is paid from the Treasury of the United States or assessed against or collected from existing or failed banks under their supervision or con- trol, shall be transmitted to the Secretary of the Interior in accord- ance w^ith the provisions of an act of Congress approved January twelfth, eighteen hundred and eighty-five, relating to the Official Reg- ister: And provided further. That the Comptroller of the Currency is hereby directed to include in his Annual Report to the Speaker of the House of Representatives, expenses incurred during each year, in liquidation of each failed national bank separately. 13. Number of Copies of Report to be Printed. Act of January 12, 1895. — (§ 73.) .... There shall be printed of the annual report of the Comptroller of the Currency, ten thousand copies ; one thousand for the Senate, two thousand for the House, and seven thousand for distribution by the Comptroller of the Currency. 14. Three Thousand Additional Copies Authorized to be Printed — Joint Resolution No. 25, March 4, 1907.— That section 73 of an act ''Providing for the public printing and binding, and the distribution of public documents," approved January 12, 1895, be, and the same is hereby, so amended as to authorize the printing annually hereafter of ten thousand copies of the annual report of the Comptroller of the Currency, for distribution by the Comptroller of the Currency, instead of seven thousand copies as heretofore. CHAPTER II. Organization and Powers. 15. The National Bank Act. Act June 20, 1879.— (§ 1.) An act entitled ''An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemp- tion thereof," approved June 3, 1864, shall hereafter be known as "the national bank act." 16. Formation of National Banking Associations. — (§ 5133.) As- sociations for carrying on the business of banking under this title may be formed by any number of natural persons, not less in any case 270 hillyer's legal manual. than five. They shall enter into articles of association, which shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with law, which the association may see fit to adopt for the regulation of its business and the conduct of its afl:airs. These articles shall be signed by the persons uniting to form the association, and a copy of them shall be forwarded to the Comptroller of the Currency, to be filed and pre- served in his office. 17. Requisites of Organization Certificate. — (§ 5134.) The per- sons uniting to form such an association shall, under their hands, make an organization certificate, which shall specifically state : First. The name assumed by such association; which name shall be subject to the approval of the Comptroller of the Currency. Second. The place where its operations of discount and deposit are to be carried on, designating the State, Territory, or district, and the particular county and city, town, or village. Third. The amount of capital stock and the number of shares into which the same is to be divided. Fourth. The names and places of residence of the shareholders and the number of shares held by each of them. Fifth. The fact that the certificate is made to enable such persons to avail themselves of the advantages of this title. 18. How Certificate shall be Acknov^ledged and Filed.— (§ 5135.) The organization certificate shall be acknowledged before a judge of some court of record, or notary public; and shall be, together with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to the Comptroller of the Currency, who shall record and carefully preserve the same in his office. 19. Corporate Powers of Association. — (§ 5136.) Upon duly mak- ing and filing articles of association and an organization certificate, the association shall become, as from the date of the execution of its organization certificate, a body corporate, and as such, and in the name designated in the organization certificate, it shall have power — First. To adopt and use a corporate seal. Second. To have succession for the period of twenty years from its organization, unless it is sooner dissolved according to the pro- visions of its articles of association, or by the act of its shareholders owning two-thirds of its stock, or unless its franchise becomes for- feited by some violation of law. Third. To make contracts. Fourth. To sue and be sued, complain and defend, in any court of law and equity, as fully as natural persons. Fifth. To elect or appoint directors, and by its board of directors to appoint a president, vice-president, cashier, and other officers, de- fine their duties, require bonds of them and fix the penalty thereof, dismiss such officers or any of them at pleasure, and appoint others to fill their places. Sixth. To prescribe, by its board of directors, by-laws not incon- sistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, NATIONAL BANK ACT. 271 its property transferred, its general business conducted, and th-e. privileges granted to it by law exercised and enjoyed. Seventh. To exercise by its board of directors, or duly author- ized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discount- ing and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title. But no association shall transact any business except such as is incidental and necessarily preliminary to its organization, until it has been authorized by the Comptroller of the Currency to commence the business of banking. 20. Increase of Capital Stock. Act May 1, 1886.— (§ 1.) See par. 39. 21. May Change Name and Location, How. Act May 1, 1886. — (§ 2.) Any national banking association may change its name or the place where its operations of discount and deposit are to be car- ried on, to an}^ other place within the same State, not more than thirty miles distant, with the approval of the Comptroller of the Currency, by the vote of shareholders owning two-thirds of the stock of such association. A duly authenticated notice of the vote and of the new name or location selected shall be sent to the office of the Comptroller of the Currency ; but no change of name or location shall be valid until the Comptroller shall have issued his certificate of approval of the same. 22. Debts not Affected by Change. Act May 1, 1886.— (§ 3.) All debts, liabilities, rights, provisions, and powers of the association under its old name shall devolve upon and inure to the association under its new name. 23. No Release from Liabilities. Act May 1, 1886.— (§ 4.) Noth- ing in this act contained shall be so construed as in any manner to release any national banking association under its old name or at its old location from any liability, or affect any action or proceeding in law in which said association may be or become a party or inter- ested. 24. National Banks Deemed Citizens of States in Which Located. Act August 13, 1888. — (§ 4.) All national banking associations es- tablished under the laws of the United States shall, for the purposes of all actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located ; and in such cases the circuit and district courts shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State. The provisions of this section shall not be held to affect the jurisdiction of the courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank. 272 25. Extension of Corporate Existence. Act July 12, 1882. — (§ 1.) That any national banking- association organized under the acts of February twenty -fifth, eighteen hundred and sixty-three, June third, eighteen hundred and sixty-four, and February fourteenth, eighteen hundred and eighty, or under sections 5133, 5134, 5135, 5136, and 5154 of the Revised Statutes of the United States, may, at any time within the two years next previous to the date of the expiration of its corporate existence under present law, and with the approval of the Comptroller of the Currency, to be granted, as hereinafter provided, extend its period of succession by amending its articles of association for a term of not more than twenty years from the expiration of the period of succession named in said articles of association, and shall have succession for such extended period, unless sooner dissolved by the act of shareholders owning two-thirds of its stock, or unless its. franchise becomes forfeited by some violation of law, or unless here- after modified or repealed. 26. Consent of Tv^o-thirds Necessary. Act July 12, 1882.— (§2.) That such amendment of said articles of association shall be authorized by the consent in writing of .shareholders owning not less than two-thirds of the capital stock of the association; and the board of directors shall cause such consent to be certified under the seal of the association, by the president or cashier, to the Comptroller of the Currency, accompanied b}- an application made by the president or cashier for the approval of the amended articles of association by the Comptroller; and such amended articles of association shall not be valid until the Comptroller shall give to such association a certificate under his hand and seal that the association has complied with all the provisions required to be complied with, and is authorized to have succession for the extended period named in the amended articles of association. 27. Special Examination of Bank and Issue of Certificate of Ap- proval by Comptroller. Act July 12, 1882.— (§ 3.) That upon the receipt of the application and certificate of the association provided for in the preceding section, the Comptroller of the Currency shall cause a special examination to be made, at the expense of the associa- tion, to determine its condition ; and if after such examination or otherwise, it appears to him that said association is in a satisfactory condition, he shall grant his certificate of approval provided for in the preceding section, or if it appears that the condition of said asso- ciation is not satisfactory, he shall withhold such certificate of ap- proval. 28. Status not Changed by Extension, Jurisdiction of Suits by or Against National Banks. Act July 12, 1882.— (§ 4.) That any asso- ciation so extending the period of its succession shall continue to enjoy all the rights and privileges and immunities granted and shall continue to be subject to all the duties, liabilities, and restrictions im- posed by the Revised Statutes of the United States and other acts having reference to national banking associations, and it shall con- tinue to be in all respects the identical association it was before the extension of its period of succession: Provided, however. That the NATIONx\L BANK ACT. 273 jurisdiction for suits hereafter brought by or against any association established under any law providing for national banking associations, except suits between them and the United States or its officers and agents, shall be the same as, and not other than, the jurisdiction for suits by or against banks not organized under any law of the United States which do or might do banking business where such national banking association may be doing business when such suits may be begun. And all laws and parts of laws of the United States incon- sistent with this proviso be, and the same are hereby, repealed. 29. Dissenting Shareholders may Withdraw. Act July 12, 1882. (§ 5.) That when any national banking association has amended its articles of association as provided in this act, and the Comptroller has granted his certificate of approval, any shareholder not assenting to such amendment may give notice in writing to the directors, within thirty days from the date of the certificate of approval, of his desire to withdraw from said association, in which case he shall be entitled to receive from said banking association the value of the shares so held by him, to be ascertained by an appraisal made by a committee of three persons, one to be selected by such shareholder, one by the directors, and the third by the first two; and in case the value so fixed shall not be satisfactory to any such shareholder, he may appeal to the Comptroller of the Currency, who shall cause a reappraisal to be made, which shall be final and binding; and if said reappraisal shall exceed the value fixed by said committee, the bank shall pay the expenses of said reappraisal, and otherwise the appellant shall pay said expenses; and the value so ascertained and determined shall be deemed to be a debt due, and be forthwith paid, to said shareholder, from said bank; and the shares so surrendered and appraised shall, after due notice, be sold at public sale, within thirty days after the final appraisal provided in this section: Provided, That in the organ- ization of any banking asvsociation intended to replace any existing banking association, and retaining the name thereof, the holders of stock in the expiring association shall be entitled to preference in the allotment of the shares of the new association in proportion to the number of shares held by them respectively in the expiring associa- tion. 30. Redemption of Circulating Notes Issued Prior to Extension. Act July 12, 1882. — (§ 6.) That the circulating notes of any associa- tion so extending the period of its succession which shall have been issued to it prior to such extension shall be redeemed at the treasury of the United States, as provided in section 3 of the act of June twentieth, eighteen hundred and seventy-four, entitled "An act fixing the amount of United States notes, providing for redistribution of national bank currency, and for other purposes," and such notes when redeemed shall be forwarded to the Comptroller of the Cur- rency, and destroyed, as now provided by law; and at the end of three years from the date of the extension of the corporate ex- istence of each bank the association so extended shall deposit lawful money with the Treasurer of the United States sufficient to redeem the remainder of the circulation which was outstanding at the date 18 274 of its extension, as provided in sections fifty-two hundred and twenty- two, fifty-two hundred and twenty-four, and fifty-two hundred and twenty-five of the Revised Statutes; and any gain that may arise from the failure to present such circulating notes for redemption shall inure to the benefit of the United States; and from time to time, as such notes are redeemed or lawful money deposited therefor as provided herein, new circulating notes shall be issued as provided by this act, bearing such devices, to be approved by the Secretary of the Treasury, as shall make them readily distinguishable from the cir- culating notes heretofore issued: Provided, however, That each bank- ing association which shall obtain the benefit of this act shall reim- burse to the treasury the cost of preparing the plate or plates for such new circulating notes as shall be issued to it. 31. Dissolution of Banks not Extending Period of Succession. Act July 12, 1882. — (§ 7.) That national banking associations whose corporate existence has expired or shall hereafter expire, and which do not avail themselves of the provisions of this act, shall be required to comply with the provisions of sections fifty-two hundred and twenty-one and fifty-two hundred and twenty-two of the Revised Stat- utes in the same manner as if the shareholders had voted to go into liquidation, as provided in section fifty-two hundred and twenty of the Revised Statutes; and the provisions of sections fifty-two hundred and twenty-four and fifty-two hundred and twenty-five of the Revised statutes shall also be applicable to such associations, except as modified by this act; and the franchise of such associations is hereby extended for the sole purpose of liquidating their affairs until such affairs are finally closed. 32. Re-extension of Corporate Existence. Act of April 12, 1902. That the Comptroller of the Currency is hereby authorized, in the manner provided by, and under the conditions and limitations of, the act of July 12, 1882, to extend for a further period of twenty years the charter of any national banking association extended under said act which shall desire to continue its existence after the expiration of its charter. 33. Power to Hold Real Property. — (§5137.) A national banking association may purchase, hold, and convey real estate for the follow- ing purposes, and for no others: First. Such as shall be necessary for its immediate accommodation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts pre- viously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it. But no such association shall hold the possession of any real estate under mortgage, or the title and possession of any real estate pur- chased to secure any debts due to it, for a longer period than five years. NATIONAL BANK ACT. 275 34. Requisite Amount of Capital.— (§ 5138.) [As amended 19(Xr] No association shall be organized with a less capital than one hundred thousand dollars, except that banks with a capital of not less than fifty thousand dollars may, with the approval of the Secretary of the Treas- ury, be organized in any place the population of which does not exceed six thousand inhabitants, and except that banks with a capital of not less than twenty-five thousand dollars may, with the sanction of the Secretary of the Treasury, be organized in any place the population of which does not exceed three thousand inhabitants. No association shall be organized in a city the population of which exceeds fifty thou- sand persons with a capital of less than two hundred thousand dollars. 35. Shares of Stock and Transfers.— (§ 5139.) The capital stock of each association shall be divided into shares of one hundred dollars each, and be deemed personal property, and transferable on the books of the association in such manner as may be prescribed in the by-laws or articles of association. Every person becoming a shareholder by such transfer shall, in proportion to his shares, succeed to all the rights and liabilities of the prior holder of such shares; and no change shall be made in the articles of association by which the rights, reme- dies, or security of the existing creditors of the association shall be impaired. 36. How Payment of the Capital Stock must be Made and Certi- fied. — (§5140.) At least fifty per centum of the capital stock of every association shall be paid in before it shall be authorized to com- mence business; and the remainder of the capital stock of such asso- ciation shall be paid in installments of at least ten per centum each, on the whole amount of the capital, as frequently as one installment at the end of each succeeding month from the time it shall be au- thorized by the Comptroller of the Currency to commence business; and the payment of each installment shall be certified to the Comp- troller, under oath, by the president or cashier of the association. 37. Proceedings if Shareholder Fails to Pay Installments. — (§ 5141.) Whenever any shareholder, or his assignee, fails to pay any installment on the stock when the same is required by the preceding section to be paid, the directors of such association may sell the stock of such delinquent shareholder at public auction, having given three weeks' previous notice thereof in a new^spaper published and of gen- eral circulation in the city or county where the association is located, or if no newspaper is published in said city or county, then in a news- paper published nearest thereto, to any person w^ho will pay the highest price therefor, to be not less than the amount then due thereon, with the expenses of advertisement and sale ; and the excess, if any, shall be paid to the delinquent shareholder. If no bidder can be found who will pay for such stock the amount due thereon to the association, and the cost of advertisement and sale, the amount previously paid shall be forfeited to the association, and such stock shall be sold as the directors may order, within six months from the time of such forfeit- ure, and if not sold it shall be canceled and deducted from the capital stock of the association. If any such cancellation and reduction shall 276 hillyer's legal manual. reduce the capital of the association below the minimum of capital required by law, the capital stock shall, within thirty days from the date of such cancellation, be increased to the required amount; in de- fault of which a receiver may be appointed, according to the provisions of section fifty-two hundred and thirty-four, to close up the business of the association. 38. National Banks may Increase Capital Stock. — (§ 5142.) Any association formed under this title may, by its articles of association, provide for an increase of its capital from time to time, as may be deemed expedient, subject to the limitations of this title. But the maximum of such increase to be provided in the articles of association shall be determined by the Comptroller of the Currency; and no in- crease of capital shall be valid until the whole amount of such increase is paid in, and notice thereof has been transmitted to the Comptroller of the Currency, and his certificate obtained specifying the amount of such increase of capital stock, with his approval thereof, and that it has been duly paid in a^ part of the capital of such association. 39. Increase of Capital Stock. Act May 1, 1886.— (§ 1.) That any national banking association may, with the approval of the Comp- troller of the Currency, by the vote of shareholders owning two-thirds of the stock of such association, increase its capital stock, in accordance with existing laws, to any sum approved by the said Comptroller, not- withstanding the limit fixed in its original articles of association and determined by said Comptroller; and no increase of the capital stock of any national banking association either within or beyond the limit fixed in its original articles of association shall be made except in the manner herein provided. 40. Reduction of Capital Stock. — (§5143.) Any association formed under this title maiy, by the vote of shareholders owning two- thirds of its capital stock, reduce its capital to any sum not below the amount required by this title to authorize the formation of associa- tions; but no such reduction shall be allowable which will reduce the capital of the association below the amount required for its out- standing circulation, nor shall any such reduction be made until the amount of the proposed reduction has been reported to the Comp- troller of the Currency and such reduction has been approved by the said Comptroller of the Currency and by the Federal Reserve Board, or by the organization committee pending the organization of the Federal Reserve Board. 41. Right of Shareholders to Vote — Proxies Authorized. — (§ 5144.) In all elections of directors, and in deciding all questions at meetings of shareholders, each shareholder shall be entitled to one vote on each share of stock held by. him. Shareholders may vote by proxies duly authorized in writing; but no officer, clerk, teller, or bookkeeper of such association shall act as proxy; and no shareholder whose lia- bility is past due and unpaid shall be allowed to vote. 42. Election of Directors.— (§ 5115.) The affairs of each associa- tion shall be managed by not less than five directors, who shall be elected by the shareholders at a meeting to be held at any time before the association is authorized by the Comptroller of the Cur- NATIONAL BANK ACT. 277 rency to commence the business of banking ; and afterward at meet- ings to be held on such day in January of each year as is specified therefor in the articles of association. The directors shall hold office for one year, and until their successors are elected and have qualified. 43. Requisite Qualification of Directors. — (§ 5146.) [As amended 1905.] Every director must, during his whole term of service, be a citizen of the United States, and at least three-fourths of the di- rectors must have resided in the State, Territory, or District in which the association is located for at least one year immediately preced- ing their election and must be residents therein during their contin- uance in office. Every director must own in his own right at least ten shares of the capital stock of the association of which he is a director, unless the capital of the bank shall not exceed twenty-five thousand dollars, in Avhich case he must own in his own right at least five shares of such capital stock. Any director who ceases to be the owner of the required number of shares of the stock, or who becomes in any other manner disqualified, shall thereby vacate his place. 44. Oath Required from Directors. — (§5147.) Each director, when appointed or elected, shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate, or will- ingly permit to be violated, any of the provisions of this title, and that he is the owner in good faith, and in his own right, of the num- ber of shares of stock required by this title, subscribed by him, or standing in his name on the books of the association, and that the same is not hypothecated, or in any way pledged, as security for any loan or debt. Such oath, subscribed by the direetor making it, and certified by the officer before whom it is taken, shall be immediately transmitted to the Comptroller of the Currency, and shall be filed and preserved in his office. 45. Filling Vacancies. — (§ 5148.) Any vacancy in the board shall be filled by appointment by the remaining directors, and any director so appointed shall hold his place until the next election. 46. Proceedings Where No Election is Held on the Proper Day. — (§ 5149.) If, from any cause, an election of directors is not made at the time appointed, the association shall not for that cause be dis- solved, but an election may be held on any subsequent day, thirty days' notice thereof in all cases having been given in a newspaper published in the city, town, or county in which the association is located; and if no newspaper is published in such city, town, or county, such notice shall be published in a newspaper published nearest thereto. If the articles of association do not fix the day on which the election shall be held, or if no election is held on the day fixed, the day for the election shall be designated by the board of directors in their by-laws, or otherwise; or if the directors fail to fix the day, shareholders representing two-thirds of the shares may do so. 47. Election of President of the Board.— (§ 5150.) One of the directors, to be chosen by the board, shall be the president of the board. 278 hillyer's legal manual. 48. Individual Liability of Shareholders. — (§ 5151.) The share- holders of every national banking association shall be held individ- ually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the ex- tent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares; except that share- holders of any banking association now existing under State laws, having not less than five millions of dollars of capital actually paid in, and a surplus of twenty per centum on hand, both to be deter- mined by the Comptroller of the Currency, shall be liable only to the amount invested in their shares; and such surplus of twenty per centum shall be kept undiminished, and be in addition to the surplus provided for in this title; and if at any time there is a deficiency in such surplus of twenty per centum, such association shall not pay any dividends to its shareholders until the deficiency is made good; and in case of such deficiency, the Comptroller of the Currency may compel the association to close its business and wind up its affairs under the provisions of chapter 4 of this Title. 49. Executors, Trustees, etc., not Personally Liable. — (§ 5152.) Persons holding stock as executors, administrators, guardians, or trustees shall not be personally subject to any liabilities as stock- holders ; but the estates and funds in their hands shall be liable in like manner and to the same extent as the testator, intestate, ward, or person interested in such trust funds would be, if living and com- petent to act and hold the stock in his own name. 50. National Banking Associations to be Depositaries of Public Moneys. — (§ 5153.) [As amended 1907.] All national banking asso- ciations, designated for that purpose by the Secretary of the Treas- ury, shall be depositaries of public money, under such regulations as may be prescribed by the Secretary ; and they may also be employed an financial agents of the government ; and they shall perform all such rea- sonable duties, as depositaries of public money and financial agents of the government, as may be required of them. The Secretary of the Treasury shall require the associations thus designated to give satisfac- tory security, by the deposit of United States bonds and otherwise, for the safekeeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as financial agents of the government: Provided, That the Secretary shall, on or before the first of January of each year, make a public statement of the securities required during that year for such deposits. And every asso- ciation so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid into the government for internal revenue, or for loans or stocks: Provided, That the Secretary of the Treasury shall distribute the deposits herein provided for, as far as prac- ticable, equitably between the different States and sections. 51. Interest on Public Deposits. Act May 30, 1908.— (§ 15.) That all national banking associations designated as regular depositaries of public money shall pay upon all special and additional deposits made by the Secretarj^ of the Treasury in such depositaries, and all such as- NATIONAL BANK ACT. 279 soeiations designated as temporary depositaries of public money shall pay upon all sums of public money deposited in such associations interest at such rate as the Secretary of the Treasury may prescribe, not less, however, than one per centum per annum upon the average monthly amount of such deposits : Provided, however, That nothing contained in this act shall be construed to change or modify the obligation of any association or any of its officers for the safekeeping of public money: Provided, further, That the rate of interest charged upon such deposits shall be equal and uniform throughout the United States. 52. Conversion of State Banks into National Banking Associations. (§ 5154.) Any bank incorporated by special law of any State of the United States or organized under the general laws of any State or of the United States and having an unimpaired capital sufficient to entitle it to become a national banking association under the provisions of the existing laws may, by the vote of the shareholders owning not less than fifty-one per centum of the capital stock of such bank or banking association, with the approval of the Comptroller of the Currency be converted into a national banking association, with any name approved by the Comptroller of the Currency: Provided, however, That said conversion shall not be in contraven- tion of the State law. In such case the articles of association and organization certificate may be executed by a majority of the directors of the bank or banking institution, and the certificate shall declare that the owners of fifty-one per centum of the capital stock have authorized the directors to make such certificate and to change or convert the bank or banking institution into a national association. A majority of the directors, after executing the articles of association and the organization certificate, shall have power to execute all other papers and to do whatever may be required to make its organization perfect and complete as a national association. The shares of any such bank may continue to be for the same amount each as they were before the conversion, and the directors may continue to be directors of the association until others, are elected or appointed in accordance with the provisions of the statutes of the United States. When the Comptroller has given to such bank or banking association a certificate that the provisions of this act have been complied with, such bank or banking association, and all its stockholders, officers and employees, shall have the same powers and privileges, and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed by the Federal Reserve Act and by the national bank- ing act for associations originally organized as national banking associations. 53. State Banks Having Branches. — (§ 5155.) It shall be lawful for any bank or banking association organized under State laws, and having branches, the capital being joint and assigned to and used by the mother-bank and branches in definite proportions, to become a national banking association in conformity with existing laws, and to retain and keep in operation its branches, or such one or more of them as it may elect to retain; the amount of the circulation redeemable at the mother- bank, and each branch, to be regulated by the amount of capital assigned to and used by each. 280 hillyer's legal manual. 54. Reservation of Rights of Associations Organized Under Act of 1863. — (§ 5156.) Nothing? in this title shall affect any appoint- ments made, acts done, or proceedings had or commenced prior to the third day of June, eighteen hundred and sixty-four, in or toward the organization of any national banking association under the act of Feb- ruary twenty-five, eighteen hundred and sixty-three; but all associations which on the third day of June, eighteen hundred and sixty-four, were organized or commenced to be organized under that act shall enjoy all the rights and privileges granted, and be subject to all the duties, lia- bilities, and restrictions imposed by this title, notwithstanding all the steps prescribed by this title for the organization of associations were not pursued, if such associations duly organized under that act. CHAPTER III. Obtaining and Issuing Circulating Notes. 55. What Associations are Governed by Chapters Two, Three, and Four. — (§ 5157.) The provisions of chapters two, three, and four of this title, which are expressed without restrictive words, as applying to ** national banking associations," or to ''associations," apply to all as- sociations organized to carry on the business of banking under any act of Congress. 56. Registered Bonds Intended by the Term "United States Bonds.^'--(§ 5158.) The term "United States bonds," as used through- out this chapter, shall be construed to mean registered bonds of the United States. 57. Deposit of Bonds Required Before Issue of Circulating Notes. — (§ 5159.) Every association, after having complied with the provisions of this title, preliminary to the commencement of the banking business, and before it shall be authorized to commence banking business under this title, shall transfer and deliver to the Treasurer of the United States any United States registered bonds, bearing interest, [to an amount not less than thirty thousand dollars and not less than one-third of the capital stock paid in.] Such bonds shall be received by the Treasurer upon deposit and shall be by him safely kept in his office, until they shall be otherwise disposed of, in pursuance of the provisions of this title. NOTE. — § 17. So much of the provisions of section fifty-one hun- dred and fifty-nine of the Revised Statutes of the United States, and section four of the act of June twentieth, eighteen hundred and seventy-four, and section eight of the act of July twelfth, eighteen hundred and eighty-two, and of any other provisions of existing statutes as require that before any national banking association shall be authorized to commence banking business it shall transfer and deliver to the Treasurer of the United States a stated amount of United States registered bonds is hereby repealed. (Act of Dec. 23, 1913.) 58. Panama Canal Bonds Have All Rights and Privileges Accorded to Other Two Per Cent Bonds of the United States. Act December 21, 1905. — That the tw^o per cent bonds of the United States au- thorized by section eight of the act entitled "An act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific NATIONAL BANK ACT. 281 oceans," approved June twenty-eight, nineteen hundred and two, shall have all the rights and privileges accorded by law to other two per cent, bonds of the United States, and every national banking associa- tion having on deposit, as provided b}^ law, such bonds issued under the provisions of said section eight of said act approved June twenty-eight, nineteen hundred and two, to secure its circulating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per cent each half year upon the average amount of such of its notes in circulation as are based upon the deposit of said two per cent bonds ; and such taxes shall be in lieu of existing taxes on its notes in circulation imposed by section fifty-two hundred and fourteen of the Revised Statutes. 59. Increase or Reduction of Deposit to Correspond With Capital. — (§ 5160.) The deposit of bonds made by each assocation shall be in- creased as its capital may be paid up or increased, so that every associa- tion shall at all times have on deposit with the Treasurer registered United States bonds to the amount [of at least one-third of its capital stock actually paid in.] And any association that may desire to reduce its capital, or close up its business and dissolve its organization, may take up its bonds upon returning to the Comptroller its circulating notes in the proportion hereinafter required, or may take up any excess of bonds beyond [one-third of its capital stock], and upon which no cir- culating notes have been delivered. 60. Exchange of Coupon for Registered Bonds.— (§ 5161.) To facilitate a compliance with the two preceding sections, the Secretary of the Treasury is authorized to receive from any association, and cancel, any United States coupon bonds, and to issue in lieu thereof registered bonds of like amount, bearing a like rate of interest, and having the same time to run. 61. Manner of Making Transfers of Bonds.— (§ 5162.) All trans- fers of United States bonds, made by any association under the provi- sions of this title, shall be made to the Treasurer of the United States in trust for the association, with a memorandum written or printed on each bond, and signed by the cashier, or some other officer of the asso- ciation making the deposit. A receipt shall be given to the association, by the Comptroller of the Currency, or by a clerk appointed by him for that purpose, stating that the bond is held in trust for the associa- tion on whose behalf the transfer is made, and as security for the re- demption and payment of any circulating notes that have been or may be delivered to such association. No assignment or transfer of any such bond by the Treasurer shall be deemed valid unless countersigned by the Comptroller of the Currency. 62. Registry of Transfers.— (§ 5163.) The Comptroller of the Cur- rency shall keep in his office a book in which he shall cause to be en- tered, immediately upon countersigning it, every transfer or assign- ment by the Treasurer, of any bonds belonging to a national banking association, presented for his signature. He shall state in such entry the name of the association from whose accounts the transfer is made, the name of the party to whom it is made, and the par value of the bonds transferred. 282 63. Notice of Transfer to be Given to Association Interested. — (§ 5164.) The Comptroller of the Currency shall, immediately upon countersigning and entering any transfer or assignment by the Treas- urer, of any bonds belonging to a national banking association, advise by mail the association from whose accounts the transfer is made, of the kind and numerical designation of the bonds, and the amount thereof so transferred. 64. Examination of Registry and Bonds. — (§5165.) The Comp- troller of the Currency shall have at all times, during office hours, access to the books of the Treasurer of the United States for the pur- pose of ascertaining the correctness of any transfer or assignment of the bonds deposited by an association, presented to the Comptroller to countersign; and the Treasurer shall have the like access to the book mentioned in section fifty-one hundred and sixty-three, during office hours,, to ascertain the correctness of the entries in the same ; and the Comptroller shall also at all times have access to the bonds on deposit with the Treasurer to ascertain their amount and condition. 65. Annual Examination of Bonds by Association. — (§ 5166.) Every association having bonds deposited in the office of the Treasurer of the United States shall, once or oftener in each fiscal year, examine and compare the bonds pledged by the association with the books of the Comptroller of the Currency and with the accounts of the associa- tion, and, if they are found correct, to execute to the Treasurer a cer- tificate setting forth the different kinds and the amounts thereof, and that the same are in the possession and custody of the Treasurer at the date of the certificate. Such examination shall be made at such time or times, during the ordinary business hours, as the Treasurer and the Comptroller, respectively, may select, and may be made by an officer or agent of such association, duly appointed in writing for that purpose ; and his certificate before mentioned shall be of like force and validity as if executed by the president or cashier. A duplicate of such certificate, signed by the Treasurer, shall be retained by the association. 66. General Provisions Respecting Bonds. — (§ 5167.) The bonds transferred to and deposited with the Treasurer of the United States, by any association, for the security of its circulating notes, shall be held exclusively for that purpose, until such notes are redeemed, except as provided in this title. The Comptroller of the Currency shall give to any such association powers of attorney to receive and appropriate to its own use the interest on the bonds which it has so transferred to the Treasurer; but such powers shall become inoperative whenever such association fails to redeem its circulating notes. "Whenever the market or cash value of any bonds thus deposited with the Treasurer is re- duced below the amount of the circulation issued for the same, the Comptroller may demand and receive the amount of such depreciation in other United States bonds at cash value, or in money, from the asso- ciatioin, to be deposited with the Treasurer as long as such depreciation continues. And the Comptroller, upon the terms prescribed by the Secretary of the Treasury, may permit an exchange to be made of any of the bonds deposited with the Treasurer by any association for other NATIONAL BANK ACT. 283 bonds of the United States authorized to be received as security for circulating notes, if he is of opinion that such an exchange can be made without prejudice to the United States; and he may direct the return of any bonds to the association which transferred the same, in sums of not less than one thousand dollars, upon the surrender to him and the cancellation of a proportionate amount of such circulating notes: Pro- vided, That the remaining bonds which shall have been transferred by the association offering to surrender circulating notes are equal to the amount required for the circulating notes not surrendered by such asso- ciation, and that the amount of bonds in the hands of the Treasurer is not diminished below the amount required to be kept on deposit with him, and that there has be^n no failure by the association to redeem its circulating notes, nor any other violation by it of the provisions of this title, and that the market or cash value of the remaining bonds is not below the amount required for the circulation issued for the same. 67. Withdrawal of Circulating Notes on Deposit of Lawful Money and Withdrawal of Bonds. Act June 20, 1874.— (§ 4.) That any association organized under this act, or any of the acts of which this is an amendment, desiring to withdraw its circulating notes, in whole or in part, may, upon the deposit of lawful money with the Treasurer of the United States in sums of not less than nine thousand dollars, take up the bonds which said association has oin deposit with the Treasurer for the security of such circulating notes ; which bonds shall be assigned to the bank in the manner specified in the nineteenth section of the Na- tional Bank Act, and the outstanding notes of said association, to an amount equal to the legal-tender notes deposited, shall be redeemed at the Treasury of the United States, and destroyed as now provided by law: Provided, That the amount of the bonds on deposit for circulation shall not be reduced below fifty thousand dollars. 68. Amount of Bonds Required to be on Deposit — Reduction of Amount or Retirement in Full of Circulating Notes. Act July 12,< 1882. — (§ 8.) That national banks now organized or hereafter organ- ized, having a capital of one hundred and fifty thousand dollars, or less, shall not be required to keep on deposit or deposit with the Treasurer of the United States, United States bonds in excess of one-fourth of their capital stock as security for their circulating notes ; but such banks shall keep on deposit or deposit with the Treasurer of the United States the amount of bonds as herein required. And such of those banks having on deposit bonds in excess of that amount are authorized to reduce their circulation by the deposit of lawful money as provided by law ; [pro- vided, that the amount of such circulating notes shall not in any case exceed ninety per centum of the par value of the bonds deposited as herein provided:] Provided further, That the national banks which shall hereafter make deposits of lawful money for the retirement in full of their circulation shall at the time of their deposit be assessed for the cost of transporting and redeeming their notes then outstanding, a sum equal to the average cost of the redemption of national bank notes during the preceding year, and shall thereupon pay such assessment. And all na- tional banks which have heretofore made or shall hereafter make de- posits of lawful money for the reduction of their circulation shall be 284i hillyer's legal manual. assessed and shall pay an assessment in the manner specified in section 3 of the act approved June 20, 1874, for the cost of transporting and redeeming their notes redeemed from such deposits subsequently to June 80, 1881. ()9. Withdrawal of Circulating Notes on Deposit of Lawful Money, and Withdrawal of Bonds — Not More Than Nine Millions to be De- posited During Any Calendar Month — Withdrawal of Additional Cir- culation on Deposit of Lawful Money or National Bank Notes. Act May 30, 1908.— (§ 10.) That section 9 of the act approved eTuly twelfth, eighteen hundred and eighty-two, as amended by the act ap- proved March fourth, nineteen hundred and seven, be further amended to read as follows: • "§ 9. That any national banking association desiring to withdraw its circulating notes, secured by deposit of United States bonds in the manner provided in section 4 of the act approved June twentieth, eighteen hundred and seventy-four, is hereby authorized for that purpose to deposit lawful money with the Treasurer of the United States and, with the consent of the Comptroller of the Ctirrency and the approval of the Secretary of the Treasury, to withdraw a propor- tionate amount of bonds held as security for its circulating notes in the order of such deposits : Provided, That not more than nine millions of dollars of lawful money shall be so deposited during any calendar month for this purp6se. "Any national banking association desiring to withdraw any of its circulating notes, secured by the deposit of securities other than bonds of the United States, may make such withdrawal at any time in like manner and effect by the deposit of lawful money or national bank notes with the Treasurer of the United States, and upon such deposit a proportionate share of the securities so deposited may be withdrawn: Provided, That the deposits under this section to retire notes secured by the deposit of securities other than bonds of the United States shall not be covered into the Treasury, as required by section 6 of an act entitled 'An act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other pur-, poses,' approved July fourteenth, eighteen hundred and ninety, but shall be retained in the Treasury for the purpose of redeeming the notes of the bank making such deposit." 70. Comptroller to Determine if Association can Commence Busi- ness. — (§ 5168.) Whenever a certificate is transmitted to the Comp- troller of the Currency, as provided in this title, and the association transmitting the same notifies the Comptroller that at least fifty per centum of its capital stock has been duly paid in, and that such asso- ciation has complied with all the provisions of this title required to be complied with before an association shall be authorized to commence the business of banking, the Comptroller shall examine into the condi- tion of such association, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each of its directors, and the amount of the capital stock of which each is the owner in good faith, and generally whether such association has com- plied with all the provisions of this title required to entitle it to en- NATIONAL BANK ACT. 285 gage in the business of banking; and shall cause to be made and attested by the oaths of a majority of the directors, and by the presi- dent or cashier of the association, a statement of all the facts neces- sary to enable the Comptroller to determine whether the association is lawfully entitled to commence the business of banking. 71. Certificate of Authority to Commence Banking to be Issued. — (§ 5169.) If, upon a careful examination of the facts so reported, and of any other facts which may come to the knowledge of the Comp- troller, whether by means of a special commission appointed by him for the purpose of inquiring into the condition of such association, or otherwise, it appears that such association is lawfully entitled to com- mence the business of banking, the Comptroller shall give to such association a certificate, under his hand and official seal, that such association has complied with all the provisions required to be com- plied with before commencing the business of banking, and that such association is authorized to commence such business. But the Comp- troller may withhold from an association his certificate authorizing the commencement of business, whenever he has reason to suppose that the shareholders have formed the same for any other than the legit- imate objects contemplated by this title. 72. Publication of Certificate.— (§ 5170.) The association shall cause the certificate issued under the preceding section to be published in some newspaper printed in the city or county where the association is located, for at least sixty days next after the issuing thereof; or, if no newspaper is published in such city or county, then in the news- paper published nearest thereto. 73. (§ 5171.) See par. 74. 74. Delivery of Circulating Notes. Act of March 14, 1900.— (§ 12.) That upon the deposit with the Treasurer of the United States, by any national banking association, of any bonds of the United States in the manner provided by existing law, such association shall be entitled to receive from the Comptroller of the Currency circulating notes in blank, registered and countersigned as provided by law, equal in amount to the par value of the bonds so deposited ; and any national banking associa- tions now having bonds on deposit for the security of circulating notes, and upon which an amount of circulating notes has been issued less than the par value of the bonds, shall be entitled, upon due application to the Comptroller of the Currency, to receive additional circulating notes in blank to an amount which will increase the circulating notes held by such association to the par value of the bonds deposited, such addi- tional notes to be held and treated in the same way as circulating notes of national banking associations heretofore issued, and subject to all the provisions of law affecting such notes : Provided, That nothing herein contained shall be construed to modify or repeal the provisions of sec- tion 5167 of the Revised Statutes of the United States, authorizing the Comptroller of the Currency to require additional deposits of bonds or of lawful money in case the market value of the bonds held to secure the circulating notes shall fall below the par value of the circulating notes outstanding for which such bonds may be deposited as security: And provided further, That the circulating notes furnished to national 286 banking associations under the provisions of this act shall be of the denominations prescribed by law, except that no national banking asso- ciation shall, after the passage of this act, be entitled to receive from the Comptroller of the Currency, or to issue or reissue or place in circu- lation, more than one-third in amount of its circulating notes of the denomination of five dollars: And provided further. That the total amount of such notes issued to any such association may equal at any time but shall not exceed the amount at such time of its capital stock actually paid in: And provided further, That under regulations to be prescribed by the Secretary of the Treasury any national banking asso- ciation may substitute the two per centum bonds issued under the pro- visions of this act for any of the bonds deposited with the Treasurer to secure circulation or to secure deposits of public money ; and so much of an act entitled *'An act to enable national banking associations to ex- tend their corporate existence, and for other purposes," approved July twelfth, eighteen hundred and eighty-two, as prohibits any national bank w^hich makes any deposit of lawful money in order to withdraw its circu- lating notes from receiving any increase of its circulation for the period of six months from the time it made such deposit of lawful money for the purpose aforesaid, is hereby repealed, and all other acts or parts of acts inconsistent with the provisions of this section are hereby repealed. 75. Printing Denominations and Form of the Circulating Notes. — (§ 5172.) [As amended May 30, 1908.] In order to furnish suitable notes for circulation, the Comptroller of the Currency shall, under the direction of the Secretary of the Treasury, cause plates and dies to be engraved, in the best manner to guard against counterfeiting and fraud- ulent alterations, and shall have printed therefrom, and numbered, such quantity of circulating notes, in blank, of the denominations of five dol- lars, ten dollars, twenty dollars, fifty dollars, one hundred dollars, five hundred dollars, one thousand dollars, and ten thousand dollars, as may be required to supply the associations entitled to receive the same. Such notes shall state upon their face that they are secured by United States bonds or other securities, certified by the written or engraved signatures of the Treasurer and Register and by the imprint of the seal of the Treasury. They shall also express upon their face the promise of the association receiving the same to pay on demand, attested by the signature of the president or vice-president and cashier. The Comptrol- ler of the Currency, acting under the direction of the Secretary of the Treasurj^ shall as soon as practicable cause to be prepared circulating notes in blank, registered and countersigned, as provided by law, to an amount equal to fifty per centum of the capital stock of each national banking association ; such notes to be deposited in the treasury or in the subtreasury of the United States nearest the place of business of each association, and to be held for such association, subject to the order of the Comptroller of the Currency, for their delivery as provided by law : Provided, That the Comptroller of the Currency may issue national bank notes of the present form until plates can be prepared and circulating notes issued as above provided: Provided, however. That in no event shall bank notes of the present form be issued to any bank as additional circulation provided for by this act." NATIONAL BANK ACT. 287 76. Charter Number to be Printed on Notes. Act June 20, 1874. — (§ 5.) That the Comptroller of the Currency shall, under such rules and regulations as the Secretary of the Treasury may prescribe, cause the charter numbers of the association to be printed upon all national bank notes which may be hereafter issued by him. 77. Distinctive Paper for Printing Notes. Act March 3, 1875. — (§ 1.) . . . . That the national bank notes shall be printed under the direction of the Secretary of the Treasury, and upon the distinctive or special paper which has been, or may hereafter be, adopted by him for printing United States notes. 78. Plates and Dies to be Under the Control of the Comptroller. — (§ 5173.) The plates and special dies to be procured by the Comp- troller of the Currency for the printing of such circulating notes shall remain under his control and direction, and the expenses necessarily incurred in executing the laws respecting the procuring of such notes, and all other expenses of the Bureau of the Currency, shall be paid out of the proceeds of the taxes or duties assessed and collected on the circu- lation of national banking associations under this title. 79. Examination of Plates and Dies.— .(§ 5174.) [As amended 1877.] The Comptroller of the Currency shall cause to be examined, each year, the plates, dies, bedpieces, and other material from which the national bank circulation is printed, in whole or in part, and file in his office annually a correct list of the same. Such material as shall have been used in the printing of the notes of associations which are in liquidation, or have closed business, shall be destroyed, under such regulations as shall be prescribed by the Comptroller of the Currency and approved by the Secretary of the Treasury. The expenses of any such examination or destruction shall be paid out of any appropriation made by Congress for the special examination of national banks and bank note plates. 80. Limit to Issue of Notes Under Five Dollars.— (§ 5175.) Not more than one-sixth part of the notes furnished to any association shall be of a less denomination than five dollars. After specie payments are resumed no association shall be furnished with notes of a less denomina- tion than five dollars. 81. (§ 5176.) Repealed. 82. (§ 5177.) Repealed. 83. Aggregate Amount of Circulating Notes not Limited. Act of January 14, 1875.— (§ 3.) That section 5177 of the Revised Statutes of the United States, limiting the aggregate amount of circulating notes of national banking associations, be and is hereby repealed; and each existing banking association may increase its circulating notes in accord- ance with existing law without respect to said aggregate limit ; and new banking associations may be organized in accordance with existing law without respect to said aggregate limit; and the provisions of law for the withdrawal and redistribution of national bank currency among the several States and Territories are hereby repealed. 84. (§ 5178.) Superseded. 85. (§ 5179.) Superseded. 86. (§ 5180.) Superseded. 87. (§ 5181.) Superseded. 288 88. For What Demands National Bank Notes may be Received. — (§ 5182.) After any association receivino: circulating notes under this title has caused its promise to pay such notes on demand to be signed by the president or vice-president and cashier thereof, in such manner as to make them obligatory promissorj^ notes, payable on demand, at its place of business, such association may issue and circulate the same as money. And the same shall be received at par in all parts of the United States in payment of taxes, excises, public lands, and all other dues to the United States, except duties on imports; and also for all salaries and other debts and demands owing by the United States to individuals, corporations, and associations within the United States, ex- cept interest on the public debt, and in redemption of the national cur- rency. 89. Issue of Post Notes, etc., Prohibited.— (§ 5183.) [As amended 187'5.] No national banking association shall issue post notes or any other notes to circulate as money than such as are authorized by the pro- visions of this title. 90. Destroying and Replacing Worn-out and Mutilated Notes. — (§ 5184.) It shall be the duty of the Comptroller of the Currency to receive worn-out or mutilated circulating notes issued by any banking association, and also, on due proof of the destruction of any such circu- lating notes, to deliver in place thereof to the association other blank circulating notes to an equal amount. Such worn-out or mutilated notes, after a memorandum has been entered in the proper books, in accord- ance with such regulations as may be established by the Comptroller, as well as all circulating notes which shall have been paid or surrendered to be canceled [shall be burned to ashes] in presence of four persons, one to be appointed by the Secretar}^ of the Treasury, one by the Comp- troller of the Currency, one by the Treasurer of the United States, and one by the association, under such regulations as the Secretary of the Treasury may prescribe. A certificate of [such burning] , signed by the parties so appointed, shall be made in the books of the Comptroller, and a duplicate thereof forwarded to the association whose notes are thus canceled. 91. Maceration of National Bank Notes. Act June 23, 1874 For the maceration of national bank notes . . . . ; and that all such issues hereafter destroyed may be destroyed by maceration instead of burning to ashes, as now provided by law; and that so much of sec- tions 24 and 43 of the National Currency Act as requires national bank notes to be burned to ashes is hereby repealed ; that the pulp from such macerated issue shall be disposed of only under the direction of the Secretary of the Treasury. 92. Organization of Associations to Issue Gold Notes.— (§ 5185.) [As amended 1875.] Associations may be organized in the manner pre- scribed by this title for the purpose of issuing notes payable in gold; and upon the deposit of any United States bonds bearing interest pay- able in gold with the Treasurer of the United States, in the manner prescribed for other associations, it shall be lawful for the Comptroller of the Currency to issue to the association making the deposit circulat- ing notes of different denominations, but none of them of less than five NATIONAL BANK ACT. 289 dollars, and not exceeding in amount eighty per centum of the par value of the bonds deposited, which shall express the promise of the associa- tion to pay them, upon presentation at the office at which they are issued, in gold coin of the United States, and shall be so redeemable. 93. Reserve Requirements for Gold Banks. — (§ 5186.) Every asso- ciation organized under the preceding section shall at all times keep on hand not less than twenty-five per centum of its outstanding circulation, in gold or silver coin of the United States; and shall receive at par in the payment of debts the gold notes of every other such association which at the time of such payment is redeeming its circulating notes in gold coin of the United States, and shall be subject to all the provisions of this title : Provided, That, in applying the same to associations organ- ized for issuing gold notes, the terms "lawful money" and "lawful money of the United States" shall be construed to mean gold or silver coin of the United States, and the circulation of such association shall not be within the limitation of circulation mentioned in this title. 94. Conversion of National Gold Banks into Currency Banks. Act February 14, 1880. — That any national gold- bank organized under the provisions of the laws of the United States, may, in the manner and sub- ject to the provisions prescribed by section 5154 of the Revised Statutes of the United States, for the conversion of banks incorporated under the laws of any State, cease to be a gold bank, and become such an asso- ciation as is authorized by section 5133, for carrying on the business of banking, and shall have the same powers and privileges, and shall be subject to the same duties, responsibilities, and rules, in all respects, as are by law prescribed for such associations: Provided, That all certifi- cates of organization w^hich shall be issued under this act shall bear the date of the original organization of each bank respectively as a gold bank. 95. Penalty for Issuing Circulating Notes to Unauthorized Associa- tions. — (§ 5187.) No officer acting under the provisions of this title shall countersign or deliver to any association, or to any other company or person, any circulating notes contemplated by this title, except in accordance with the true intent and meaning of its provisions. Every officer who violates this section shall be deemed guilty of a high misde- meanor, and shall be fined not more than double the amount so counter- signed and delivered, and imprisoned not less than one year and not more than fifteen years. 96. Penalty for Imitating Bank Circulation — Use of Same for Ad- vertising Purposes. — (§ 5188.) It shall not be lawful to design, en- grave, print, or in any manner make or execute, or to utter, issue, distribute, circulate, or use, any business or professional card, notice, placard, circular, hand-bill, or advertisement, in the likeness or sim- ilitude of any circulating note or other obligation or security of any banking association organized or acting under the laws of the United States which has been or may be issued under this title, or any Act of Congress, or to write, print, or otherwise impress upon any such note, obligation, or security any business or professional card, notice, or advertisement, or any notice or advertisement of any matter or thing whatever. Every person who violates this section shall be liable 19 290 HILLYER^S LEGAL MANUAL. to a penalty of one hundred dollars, recoverable one-half to the use of the informer. 97. Penalty for Mutilating Circulation. — (§ 5189.) Every person who mutilates, cuts, defaces, disfigures, or perforates with holes, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt, issued by any national banking association, or who causes or procures the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall be liable to a penalty of fifty dollars, recoverable by the association. ACT MAY 30, 1908, AUTHORIZING NATIONAL CURRENCY ASSO- CIATIONS, THE ISSUE OF ADDITIONAL NATIONAL BANK CIRCULATION, AND CREATING A NATIONAL MONETARY COMMISSION. 98. Formation of National Currency Associations — What Banks Eligible — Manner of Forming — Association to be Body Corporate and Exercise Powers as Such — But One Association in Any City — ^Members of Association to be Taken as Nearly as Convenient from State, Part of State, or Contiguous Parts of One or More States — Officers, How Selected — Powers of Officers and Executive Committee — By-laws to be Approved by the Secretary of the Treasury. — Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That national banking associations, each hav- ing an unimpaired capital and a surplus of not less than twenty per centum, not less than ten in number, having an aggregate capital and surplus of at least five millions of dollars, ma}^ form voluntary asso- ciations to be designated as national currency associations. The banks uniting to form such association shall, by their presidents or vice- presidents, acting under authority from the board of directors, make and file with the Secretary of the Treasury a certificate setting forth the names of the banks composing the association, the principal place of business of the association, and the name of the association, which name shall be subject to the approval of the Secretary of the Treasury. Upon the filing of such certificate the associated banks therein named shall become a body corporate, and b}^ the name so designated and approved may sue and be sued and exercise the powers of a body corporate for the purposes hereinafter mentioned : Provided, That not more than one such national currency association shall be formed in any city : Provided further. That the several members of such national currency association shall be taken, as nearly as conveniently may be, from a territory composed of a State or part of a State, or contiguous parts of one or more States : And provided further, That any national bank in such city or territory, having the qualifications herein pre- scribed for membership in such national currency association, shall, upon its application to and upon the approval of the Secretary of the Treasury, be admitted to membership in a national currency associa- tion for that city or territory, and upon such admission shall be deemed and held a part of the body corporate, and as such entitled to all the rights and privileges and subject to all the liabilities of an original NATIONAL BANK ACT. 291 member: And provided further, That each national currency associa- tion shall be composed exclusively of banks not members of any other national currency association. The dissolution, voluntary or otherwise, of any bank in such asso- ciation shall not affect the corporate existence of the association un- less there shall then remain less than the minimum number of ten banks: Provided, however. That the reduction of the number of said banks below the minimum of ten shall not affect the existence of the corporation with respect to the assertion of all rights in favor of or against such association. The affairs of the association shall be man- aged by a board consisting of one representative from each bank. By-laws for the government of the association shall be made by the board, subject to the approval of the Secretary of the Treasury. A president, vice-president, secretary, treasurer, and an executive com- mittee of not less than five members, shall be elected by the board. The powers of such board, except in the election of officers and making of by-laws, may be exercised through its ex-ecutive committee. 99. Conditions Under Which Banks Belonging to National Cur- rency Associations may Take Out Additional Circulation — Amount Limited to Seventy-five Per Cent of the Cash Value of the Securities and Commercial Paper Deposited — Issue of Additional Circulation on Deposit of State, City, Town, County, or Municipal Bonds Authorized to Extent of Ninety Per Cent of Their Market Value— The Banks and Assets of All Banks Members of Said Association Jointly and Severally Liable to the United States for the Redemption of Such Additional Circulation — Lien of United States Under Section 5230, Revised Statutes, Extended to Cover Assets of All Banks Belonging to the Association — Requirement of Additional Securities — When Asso- ciation may Sell Securities Deposited With It. — The national currency association herein provided for shall have and exercise any and all powers necessary to carry out the purposes of this section, namely, to render available, under the direction and control of the Secretary of the Treasury, as a basis for additional circulation any securities, in- cluding commercial paper, held by a national banking association. For the purpose of obtaining such additional circulation, any bank belonging to any national currency association, having circulating notes outstanding secured by the deposit of bonds of the United States to an amount not less than forty per centum of its capital stock, and which has its capital unimpaired and a surplus of not less than twenty per centum, may deposit with and transfer to the association, in trust for the United States, for the purpose hereinafter provided, such of the securities above mentioned as may be satisfactory to the board of the association. The officers of the association may thereupon, in behalf of such bank make application to the Comptroller of the Cur- rency for an issue of additional circulating notes to an amount not exceeding seventy-five per centum of the cash value of the securities or commercial paper so deposited. The Comptroller of the Currency shall immediately transmit such application to the Secretary of the Treasury with such recommendation as he thinks proper, and if, in the judgment of the Secretary of the Treasury, business conditions in the locality demand additional circulation, and if he be satisfied 292 hillyer's legal manual. with the character and value of the securities proposed and that a lien in favor of the United States on the securities so deposited and on the assets of the banks composing the association will be amply suffi- cient for the protection of the United States, he may direct an issue of additional circulating notes to the association, on behalf of such bank, to an amount in his discretion, not, however, exceeding seventy- five per centum of the cash value of the securities so deposited: Pro- vided, That upon the deposit of any of the State, city, town, county, or other municipal bonds, of a character described in section 3 of this act, circulating notes may be issued to the extent of not exceeding ninety per centum of the market value of such bonds so deposited: And provided further, That no national banking association shall be authorized in any event to issue circulating notes based on commercial paper in excess of thirty per centum of its unimpaired capital and surplus. The term "commercial paper" shall be held to include onl}^ notes representing actual commercial transactions, which when ac- cepted by the association shall bear the names of at least two respon- sible parties and have not exceeding four months to run. The banks and the assets of all banks belonging to the association shall be jointly and severally liable to the United States for the re- demption of such additional circulation; and to secure such liability the lien created by section 5230 of the Revised Statutes shall extend to and cover the assets of all banks belonging to the association, and to the securities deposited by the banks with the association pursuant to the provisions of this act; but as between the several banks com- posing such association each bank shall be liable only in the propor- tion that its capital and surplus bears to the aggregate capital and surplus of all such banks. The association may, at any time, require of any of its constituent banks a deposit of additional securities or commercial paper, or an exchange of the securities already on deposit, to secure such additional circulation; and in case of the failure of such bank to make such deposit or exchange the association may, after ten days' notice to the bank, sell the securities and paper already in its hands at public sale, and deposit the proceeds with the Treasurer of the United States as a fund for the redemption of such additional circulation. If such fund be insufficient for that purpose the associa- tion may recover from the bank the amount of the deficiency by suit in the circuit court of the United States, and shall have the benefit of the lien hereinbefore provided for in favor of the United States upon the assets of such bank. The association or the Secretary of the Treas- ury may permit or require the withdrawal of any such securities or commercial paper and the substitution of other securities or commer- cial paper of equal value therefor. 100. Redemption Fund Below Requirement — Duty of Treasurer of United States. — (§ 2.) That whenever any bank belonging to a na- tional currency association shall fail to preserve or make good its redemption fund in the Treasury of the United States, required by section 3 of the act of June twentieth, eighteen hundred and seventy- four, chapter three hundred and forty-three, and the provisions of this act, the Treasurer of the United States shall notify such national cur- rency association to make good such redemption fund, and upon the NATIONAL BANK ACT. 293 failure of such national currency association to make good such fund, the Treasurer of the United States may, in his discretion, apply so much of the redemption fund belonging to the other banks composing such national currency association as may be necessary for that pur- pose; and such national currency association may, after five days' notice to such bank, proceed to sell at public sale the securities de- posited by such bank with the association pursuant to the provisions of section 1 of this act, and deposit the proceeds with the Treasurer of the United States as a fimd for the redemption of the additional circulation taken out by such bank under this act. 101. What National Banks may Apply for Authority to Issue Addi- tional Circulation on Bonds Other Than United States Bonds — What Bonds will be Accepted for Such Additional Circulation. — (§ 3.) That any national banking association which has circulating notes outstand- ing, secured by the deposit of United States bonds to an amount of not less than forty per centum of its capital stock, and which has a surplus of not less than twenty per centum, may make application to the Comptroller of the Currency for authority to issue additional cir- culating notes to be secured by the deposit of bonds other than bonds of the United States. The Comptroller of the Currency shall trans- mit immediately the application, with his recommendation, to the secretary of the Treasury, who shall, if in his judgment business condi- tions in the locality demand additional circulation, approve the same, and shall determine the time of issue and fix the amount, within the limitations herein imposed, of the additional circulating notes to be issued. Whenever after receiving notice of such approval any such association shall deposit with the Treasurer or any assistant treasurer of the United States such of the bonds described in this section as shall be approved in character and amount by the Treasurer of the United States and the Secretary of the Treasury, it shall be entitled to re- ceive, upon the order of the Comptroller of the Currency, circulating notes in blank, registered and countersigned as provided by law, not exceeding in amount ninety per centum of the market value, but not in excess of the par value of any bonds so deposited, such market value to be ascertained and determined under the direction of the Secretary of the Treasury. The Treasurer of the United States, with the approval of the Secre- tary of the Treasury, shall accept as security for the additional circu- lating notes provided for in this section, bonds or other interest-bearing obligations of any State of the United States, or any legally author- ized bonds issued by any city, town, county, or other legally consti- . tuted municipality or district in the United States which has been in existence for a period of ten years, and which for a period of ten years previous to such deposit has not defaulted in the payment of any part of either principal or interest of any funded debt authorized to be contracted by it, and whose net funded indebtedness does not exceed ten per centum of the valuation of its taxable property, to be ascer- tained by the last preceding valuation of property for the assessment of taxes. The Treasurer of the United States, with the approval of the Secretary of the Treasury, shall accept, for the purposes of this section, securities herein enumerated in such proportions as he may 294 HILLYER^S LEGAL MANUAL. from time to time determine, and he may with such approval at any time require the deposit of additional securities, or require any asso- ciation to ehano:e the character of the securities already on deposit. 102. Legal Title of Bonds Deposited to Secure Additional Circu- lation — Assignment of Bonds by Treasurer to be Countersigned by the Comptroller of the Currency. — (§ 4.) That the legal title of all bonds, whether coupon or registered, deposited to secure circulating notes issued in accordance with the terms of section 3 of this act shall be transferred to the Treasurer of the United States in trust for the asso- ciation depositing them, under regulations to be prescribed by the Secretary of the Treasury. A receipt shall be given to the association by the Treasurer or any assistant treasurer of the United States, stat- ing that such bond is held in trust for the association on whose behalf the transfer is made, and as security for the redemption and payment of any circulating notes that have been or may be delivered to such association. No assignment or transfer of any such bond by the Treas- urer shall be deemed valid unless countersigned by the Comptroller of the Currency. The provisions of sections 5163, 5164, 5165, 5166, 5167 and sections 5224 to 5232, inclusive, of the Revised Statutes re- specting United States bonds deposited to secure circulating notes shall, except as herein modified, be applicable to all bonds deposited under the terms of section 3 of this act. 103. Additional Circulation, How Treated — Limit to Amount of Circulation Issued to Each Bank — Limit to Total Amount Outstanding Under This Act. — (§5.) That the additional circulating notes issued under this act shall be used, held, and treated in the same way as cir- culating notes of national banking associations heretofore issued and se- cured by a deposit of United States bonds, and shall be subject to all the provisions of law affecting such notes except as herein expressly modi- fied: Provided, That the total amount of circulating notes outstanding of any national banking association, including notes secured by United States bonds as now provided by law, and notes secured otherwise than by deposit of such bonds, shall not at any time exceed the amount of its unimpaired capital and surplus : And provided further, That there shall not be outstanding at any time circulating notes issued under the pro- visions of this act to an amount of more than five hundred millions of dollars. 104. Amount of Redemption Fund. — (§ 6.) That whenever and so long as any national banking association has outstanding any of the additional circulating notes authorized to be issued by the provisions of this act it shall keep on deposit in the Treasury of the United States, in addition to the redemption fund required by section three of the act of June twentieth, eighteen hundred and seventy-four, an additional sum equal to five per centum of such additional circulation at any time outstanding, such additional five per centum to be treated, held, and used in all respects in the same manner as the original redemption fund pro- vided for by said section three of the Act of June twentieth, eighteen hundred and seventy-four. 105. Equitable Distribution of Notes. — (§7.) In order that the distribution of notes to be issued under the provisions of this act shall be NATIONAL BANK ACT. 295 made as equitable as practicable between the various sections of the counT:ry, the Secretary of the Treasury shall not approve applications from associations in any State in excess of the amount to which such State would be entitled of the additional notes herein authorized on the basis of the proportion which the unimpaired capital and surplus of the national banking associations in such State bears to the total amount of unimpaired capital and surplus of the national banking associations of the United States : Provided, however, That in case the applications from associations in any State shall not be equal to the amount which the associations of such State would be entitled to under this method of distribution, the Secretary of the Treasury may, in his discretion, to meet an emergency, assign the amount not thus applied for to any applying association or associations in States in the same section of the country. 106. Secretary of the Treasiuy to Furnish Information as to the Value and Character of Securities. — (§8.)" That it shall be the duty of the Secretary of the Treasury to obtain information with reference to the value and character of the securities authorized to be accepted under the provisions of this act, and he shall from time to time furnish information to national banking associations as to such securities as would be acceptable under the provisions of this act. 107. (§ 9.) See par. 156. 108. (§ 10.) See par. 66. 109. (§ 11.) See par. 75. 110. Circulating Notes to be Redeemed in Lawful Money of the United States. — (§ 12.) That circulating notes of national banking associations, when presented to the Treasury for redemption, as pro- vided in section three of the act approved June twentieth, eighteen hun- dred and seventy-four, shall be redeemed in lawful money of the United States. 111. All Acts of the Comptroller of the Currency and Treasi^rer of the United States Under This Act to be Approved by the Secretary of the Treasury. — (S 13.) That all acts and orders of the Comptroller of the Currencv and the Treasurer of the United States authorized bv this act shall have the approval of the Secretary of the Treasury who shall have power, also, to make any such rules and regulations and ex- ercise such control over the organization and management of national currency associations as may be necessary to carry out the purposes of this act. 112. (§ 14.) See par. 120. 113. (§ 15.) See par. 51. 114. Expenses of Act. — (§ 16.) That a sum sufficient to carry out the purposes of the preceding sections of this act is hereby appropriated out of any money in the Treasury not otherwise appropriated. 115. Appointment of Monetary Commission. — (§ 17.) That a com- mission is hereby created, to be called the ''National Monetary Commis- sion," to be composed of nine members of the Senate, to be appointed by the presiding officer thereof, and nine members of the House of Repre- sentatives, to be appointed by the speaker thereof; and any vacancy on 296 the commission shall be filled in the same manner as the original appoint- ment. 116. Powers of Commission — Commission to Report to Congress. — (§ 18.) That it shall be the duty of this Commission to inquire into and report to Congress at the earliest date practicable, what changes are necessary or desirable in the monetary system of the United States or in the laws relating to banking and currency, and for this purpose they are authorized to sit during the sessions of recess of Congress, at such times and places as they may deem desirable, to send for persons and papers, to administer oaths, to summon and compel the attendance of witnesses, and to employ a disbursing officer and such secretaries, experts, stenographers, messengers, and other assistants as shall be neces- sary to carry out the purposes for which said commission was created. The commission shall have the power, through subcommittee or otherwise, to examine witnesses and to make such investigations and examinations, in this or other countries, of the subjects committed to their charge as they shall deem necessary. 117. Expenses of Commission. — (§ 19.) That a sum sufficient to carry out the purposes of sections seventeen and eighteen of this act, and to pay the necessary expenses of the commission and its members, is hereby appropriated, out of any money in the Treasury not otherwise appropriated. Said appropriation shall be immediately available and shall be paid out on the audit and order of the chairman or acting chair- man of said commission, which audit and order shall be conclusive and binding upon all departments as to the correctness "of the accounts of such commission. 118. When Act Expires by Limitation.— (§ 20.) That this act shall expire by limitation on the thirtieth day of June, nineteen hundred and fourteen. CHAPTER IV. Regulation of the Banking Business. 119. Place of Business. — (§ 5190.) The usual business of each na- tional banking association shall be transacted at an office or banking house located in the place specified in its organization certificate. 120. Reserve Cities and Reserve Requirements. — (§ 5191.) Every national banking association in either of the following cities: Albany, Baltimore, Boston, Cincinnati, Chicago, Cleveland, Detroit, Louisville, Milwaukee, New Orleans, New York, Philadelphia, Pittsburg, St. Louis, San Francisco, and Washington, shall at all times have on hand, in lawful money of the United States, an amount equal to at least twenty- five per centum of the aggregate amount of [its notes in circulation and] its deposits ; and every other association shall at all times have on hand, in lawful money of the United States, an amount equal to at least fifteen per centum of the aggregate amount [of its notes in circulation and] of its deposits. Whenever the lawful money of any association in any of the cities named shall be below the amount of twenty -five per centum of its [circulation and] deposits, and whenever the lawful money of any other association shall be below fifteen per centum of' its [circulation and] deposits, such association shall not increase its NATIONAL BANK ACT. 297 liabilities by making any new loans or discounts otherwise than by dis- counting^ or purchasing bills of exchange payable at sight, nor make any dividends of its profits until the required proportion, between the aggre- gate amount of its [outstanding notes of circulation and] deposits and its lawful money of the United Statas, has been restored. And the Comptroller of the Currency may notify any association, whose lawfiil money reserve shall be below the amount above required to be kept on hand, to make good such reserve; and if such association shall fail for thirty days thereafter so to make good its reserve of lawful money, the Comptroller may, with the concurrence of the Secretary of the Treas- ury, appoint a receiver to wind up the business of the association, as provided in section fifty-two hundred and thirty-four. 121. What may be Counted as Reserve.— (§ 5191.) Three-fifths of the reserve of fifteen per centum required by the preceding section to be kept, may consist of balances due to an association, available for the re- demption of its circulating notes, from associations approved by the Comptroller of the Currency, organized under the act of June three, eighteen hundred and sixty-four, or under this title, and doing business in the cities of Albany, Baltimore, Boston, Charleston, Chicago, Cin- cinnati, Cleveland, Detroit, Louisville, Milwaukee, New Orleans, New York, Philadelphia, Pittsburg, Richmond, Saint Louis, San Francisco, and Washington. Clearing-house certificates, representing specie or law- ful money specially deposited for the purpose, of any clearing-house as- sociation, shall also be deemed to be lawful money in the possession of any association belonging to such clearing-house, holding and owning such certificate, within the preceding section. 122. Lawful Money Reserve to be Determined by Deposits. Act June 20, 1874.— (§ 2.) That section thirty-one of "the national bank act" be so amended that the several associations therein provided for shall not hereafter be required to keep on hand any amount of money whatever, by reason of the amount of their respective circulations; but the moneys required by said section to be kept at all times on hand shall be determined by the amount of deposits in all respects, as provided for in the said section. NOTE. — § 20. So much of sections two and three of the act of June twentieth, eighteen hundred and seventy-four, entitled ''An act fixing the amount of United States notes, providing for a redistribution of the national bank currency, and for other purposes," as provides that the fund deposited by any national banking association with the Treas- urer of the United States for the redemption of its notes shall be counted as a part of its lawful reserve as provided in the act aforesaid, is hereby repealed. And from and after the passage of this act such fund of five per centum shall in no case be counted by any national banking association as a part of its lawful reserve. (Act of Dec. 23, 1913.) 123. No Reserve Need be Held Against Deposits of Public Money. Act May 30, 1908.~(§ 14.) That the provisions of section fifty-one hundred and ninety-one of the Revised Statutes, with reference to the reserves of national banking associations, shall not apply to deposits of public moneys by the United States in designated depositaries. 298 hillyer's legal manual. 124. Provisions for Redeeming Circulation — Five Per Cent — Re- demption Fund. Act June 20, 1874. — (§ 3.) That every association organized, or to be organized, under the provisions of the said act, and of the several acts amendatory thereof, shall at all times keep and have on deposit in the Treasury of the United States, in lawful money of the United States, a sum equal to five per centum of its circulation, to be held and used for the redemption of such circulation ; which sum shall be counted as a part of its lawful reserve, as provided in section two of this act; and when the circulating notes of any such associations, as- sorted or unassorted, shall be presented for redemption, in sums of one thousand dollars, or any multiple thereof, to the Treasurer of the United States, the same shall be redeemed in [United States notes] . All notes so redeemed shall be charged by the Treasurer of the United States to the respective associations issuing the same, and he shall notify them severally, on the first day of each month, or oftener, at his discretion, of the amount of such redemptions ; and whenever such redemptions for any association shall amount to the sum of five hundred dollars, such association so notified shall forthwith deposit with the Treasurer of the Umited States a sum in United States notes equal to the amount of its circulating notes so redeemed. And all notes of national banks, worn, defaced, mutilated, or otherwise unfit for circulation, shall, when re- ceived by any assistant treasurer, or at any designated depository of the United States, be forwarded to the Treasurer of the United States for redemption as provided herein. And when such redemptions have been so reimbursed, the circulating notes so redeemed shall be forwarded to the respective associations by which they were issued ; but if any of such notes are worn, mutilated, defaced, or rendered otherwise unfit for use, they shall be forwarded to the Comptroller of the Currency and de- stroyed and replaced as now provided by law : Provided, That each of said associations shall reimburse to the Treasury the charges for trans- portation and the costs for assorting such notes; and the associations hereafter organized shall also severally reimburse to the Treasury the cost of engraving such plates as shall be ordered by each association re- spectively; and the amount assessed upon each association shall be in proportion to the circulation redeemed, and be charged to the fund on deposit with the Treasurer: And provided further, That so much of section thirty-two of said national bank act requiring or permitting the redemption of its circulating notes elsew^here than at its own counter, except as provided for in this section, is hereby repealed. (See note to 122.) 125. Clerical Force for Redemption of Circulating Notes. Act March 3, 1875. — That to carry into effect the provisions of section three of the act entitled "An act fixing the amount of United States notes, providing for a redistribution of the national bank currency, and for other purposes," approved June twentieth, eighteen hundred and seventy-four, the Secretary of the Treasury is authorized to appoint the following force, to be employed under his direction, namely: In the OfBce of the Treasurer: .... In the Office of the Comptroller of the Currency And at the end of each month, the Secretary of the Treasury shall reimburse the Treasury to the full amount paid out under NATIONAL BANK ACT. 299 the provisions of this section by transfer of said amount from the deposit of the national banking association with the Treasury of the United States; and at the end of each fiscal year he shall transfer from said deposit to the Treasury of the United States such sum as may have been actually expended under his direction for stationery, rent, fuel, light, and other necessary incidental expenses which have been incurred in carrying into effect the provisions of the said section of the above-named act. 126. Additional Reserve Cities. Act of March 3, 1903, Amending Act of March 3, 1887.— (§ 1.) That whenever three-fourths in nam- ber of the national banfe located in any city of the United States having a population of twenty-five thousand people shall make application to the Comptroller of the Currency, in writing, asking that the name of the city in which such banks are located shall be added to the cities named in sections fifty-one hundred and ninety-one and fifty-one hundred and ninety-two of the Revised Statutes, the Comptroller shall have authority to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of its deposits, as provided in sections fifty-one hundred and ninety-one and fifty-one hun- dred and ninety-five of the Revised Statutes. 127. Disposition of Redemption Account. Act July 14, 1890. (§ 6.) That upon the passage of this act the balances standing with the Treasurer of the United States to the respective credits of national banks for deposits made to redeem the circulating notes of such banks, and all deposits thereafter received for like purpose, shall be covered into the Treasury as a miscellaneous receipt, and the Treasurer of the United States shall redeem from the general cash in the Treasury the circulating notes of said banks which may come into his possession sub- ject to redemption; and upon the certificate of the Comptroller of the Currency that such notes have been received by him and that they have been destroyed and that no new notes will be issued in their place, reim- bursement of their amount shall be made to the Treasurer, under such regulations as the Secretary of the Treasury may prescribe, from an appropriation hereby created, to be known as "national bank notes; redemption account," but the provisions of this act shall not apply to the deposits received under section three of the act of June twentieth, eighteen himdred and seventy-four, requiring every national bank to keep in lawful money with the Treasurer of the United States a sum equal to five per centum of its circulation, to be held and used for the redemption of its circulating notes; and the balance remaining of the deposits so covered shall, at the close of each month, be reported on the monthly public debt statement as debt of the United States bearing no interest. 128. Redemption of Lost or Stolen Notes, and of Notes not Prop- erly Signed. Act July 28, 1892.— That the provisions of the Revised Statutes of the United States, providing for the redemption of national bank notes, shall apply to all national bank notes that have been or may be issued to, or received by, any national bank, notwithstanding such notes may have been lost by or stolen from the bank and put in 300 hillyer's legal manual. circulation without the signature or upon the forged signature of the president or vice-president and cashier. 129. (§ 5193.) Repealed. 130. (§ 5194.) Superseded. 131. Place for Redemption of Circulating Notes to be Designated. — (§ 5195.) Each a.^sociatiou oryaiiized in any of the cities named in sec- tion fifty-one hundred and ninety-one shall select, subject to the ap- proval of the Comptroller of the Currency, an association in the city of New York, [at which it will redeem its circulating notes at par;] and may keep one-half of its lawful money reserve in cash deposits in the city of New York. [But the foregoing provision shall not apply to associations organized and located in the city of San Francisco for the purpose of issuing notes payable in gold. Each association not or- ganized within the cities named shall select, subject to the approval of the Comptroller, an association in either of the cities named, at which it will redeem its circulating notes at par.] The Comptroller shall give public notice of the names of the associations selected [at which re- demptions are to be made by the respective associations], and of any change that may be made of the association [at which the notes of any association are redeemed. Whenever any association fails either to make the selection or to redeem its notes as aforesaid, the Comp- troller of the Currency may upon receiving satisfactory evidence thereof appoint a receiver, in the manner provided for in section fifty-two hundred and thirty-four, to wind up its affairs.] But this section shall not relieve any association from its liability to redeem its circulating notes at its own counter, at par, in lawful money on demand. 132. National Banks not Required or Permitted to Redeem Their Circulating Notes Elsewhere Than at Their Own Counters. Act June 20, 1874. — (§ 3.) . . . . And provided, further, That so much of sec- tion thirty-two (section 5195, Revised Statutes) of said national bank act requiring or permitting the redemption of its circulating notes else- where than at its own counter, except as provided for in this section, is hereby repealed. 133. Additional Central Reserve Cities. Act March 3, 1887.— (§2.) That whenever three-fourths in number of the national banks located in any city of the United States having a population of two hundred thousand people shall make application to the Comptroller of the Currency, in writing, asking that such city may be a central reserve city, like the city of New York, in which one-half of the lawful money reserve of the national banks located in other reserve cities may be de- posited, as provided in section fifty-one hundred and ninety-five of the Revised Statutes, the Comptroller shall have authority, with the approval of the Secretary of the Treasury, to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, twenty-five per centum of its deposits, as provided in section fifty-one hundred and ninety-one of the Revised Statutes. 134. National Banks to Take Notes of Other National Banks at Par. — (§ 5196.) Every national banking association formed or exist- NATIONAL BANK ACT, 301 ing under this title, shall take and receive at par, for any debt or lia- bility to it, any and all notes or bills issued by any lawfully organized national banking association. But this provision shall not apply to any association organized for the purpose of issuing notes payable in gold. 135. Limitation upon Rate of Interest Which may be Taken. — (§ 5197.) Any association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located, and no more, except that where by the law of any State a different rate is limited for banks of issue organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under this title. When no rate is fixed by the laws of the State, or Territory, or District, the bank may take, receive, reserve or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. And the purchase, discount, or sale of a bona fide bill of exchange, pay- able at another place than the place of such purchase, discount, or sale, at not more than the current rate of exchange for sight drafts in addi- tion to the interest, shall not be considered as taking or receiving a greater rate of interest. 136. Penalty for Taking Unlawful Interests-Jurisdiction of Suits by or Against National Banks. — (§ 5198.) [As amended 1875.] The tak- ing, receiving, reserving, or charging a rate of interest greater than is allow^ed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representative, may recover back, in an action in the nature of an action of debt, the amount of the interest thus paid from the association taking or receiving the same; provided such action is commenced within two years from the time the usurious transac- tion occurred. That suits, actions, and proceedings against any asso- ciation under this title may be had in any circuit, district, or territorial court of the United States held within the district in which such asso- ciation may be established, or in any State, county, or municipal court in the county or city in which said association is located having juris- diction in similar cases. 137. Dividends. — (§ 5199.) The directors of any association may, semi-annually, declare a dividend of so much of the net profits of the association as they shall judge expedient; but each association shall, be- fore the declaration of a dividend, carry one-tenth part of its net profits of the preceding half year to its surplus fund until the same shall amount to twenty per centum of its capital stock. 138. Limitation of Liabilities Which may be Incurred by Any One Person, Company, etc. — (§5200.) [As amended 1906.] The total lia- bilities to any association, of anj^ person, or of any company, corpora- tion, or firm for money borrowed, including in the liabilities of a com- pany or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the amount of the capital stock of such 302 associations, actually paid in and unimpaired, and one-tenth part of its unimpaired surplus fund: Provided, however, That the total of such liabilities shall in no event exceed thirty per centum of the capital stock of the association. But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial or business paper actually owned by the person negotiating the same shall not be considered as money borrowed. 139. Associations must not Loan on or Purchase Their Own Stock. (§ 5201.) No association shall make any loan or discount on the se- curity of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith ; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; or, in default thereof, a receiver may be appointed to close up the busi- ness of the association, according to section fifty-two hundred and thirty-four. 140. Restriction on Bank's Indebtedness. — (§ 5202.) No national banking association shall at any time be indebted, or in any way liable, to an amount exceeding the amount of its capital stock at such time actually paid in and remaining undiminished by losses or otherwise, except on account of demands of the nature following : First. Notes of circulation. Second. Moneys deposited with or collected by the association. Third. Bills of exchange or drafts drawn against money actually on deposit to the credit of the association, or due thereto. Fourth. Liabilities to the stockholders of the association for divi- dends and reserve profits. Fifth. Liabilities incurred under the provisions of the Federal Reserve Act. The rediscount by any Federal reserve bank of any bills receivable and of domestic and foreign bills of exchange, and of acceptances authorized by this act, shall be subject to such restrictions, limitations, and regulations as may be imposed by the Federal Reserve Board. 141. Restriction upon Use of Circulating Notes. — (§ 5203.) No as- sociation shall, either directly or indirectly, pledge or hypothecate any of its notes or circulation, for the purpose of procuring money to be paid in on its capital stock, or to be used in its banking operations, or other- wise; nor shall any association use its circulating notes, or any part thereof, in any manner or form, to create or increase its capital stock. 142. Prohibition upon Withdrawal of Capital— Unearned Divi- dends Prohibited. — (§ 5204.) No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its capital. If losses have at any time been sustained by any such association, equal to or exceeding its undivided profits then on hand, no dividend shall be made ; and no dividend shall ever be made by any association, while it continues its banking operations, to an amount greater than its net profits then on hand, deducting therefrom NATIONAL BANK ACT, 303 its losses and bad debts. All debts due to any association, on which interest is past due and unpaid for a period of six months, unless the same are well secured, and in process of collection, shall be considered bad debts within the meaning of this section. But nothing in this sec- tion shall prevent the reduction of the capital stock of the association under section 5143. 143. Assessment for Failure to Pay Up Capital Stock or for Impair- ment of Capital. — (§ 5205.) [As amended 1876.] Every association which shall have failed to pay up its capital stock, as required by law, and every association whose capital stock shall have become impaired by losses or otherwise, shall, within three months after receiving notice thereof from the Comptroller of the Currency, pay the deficiency in the capital stock, by assessment upon the shareholders pro rata for the amount of capital stock held by each ; and" the Treasurer of the United States shall withhold the interest upon all bonds held by him in trust for any such association, upon notification from the Comptroller of the Currency, until otherwise notified by him. If any such association shall fail to pay up its capital stock, and shall refuse to go into liquidation, as provided by law, for three months after receiving notice from the Comptroller, a receiver may be appointed to close up the business of the association, according to the provisions of section 5234: And pro- vided, That if any shareholder or shareholders of such bank shall neglect or refuse, after three months' notice, to pay the association, as provided in this section, it shall be the duty of the board of directors to cause a sufficient amount of the capital stock of such shareholder or shareholders to be sold at public auction (after thirty days' notice shall be given by posting such notice of sale in the office of the bank, and by publishing such notice in a newspaper of the city or town in which the bank is located, or in a newspaper published nearest thereto) to make good the deficiency, and the balance, if any, shall be returned to such delinquent shareholder or shareholders. 144. Prohibition Aguinst Uncurrent Notes. — (§ 5206.) No associa- tion shall at any time pay out on loans or discounts, or in purchasing drafts or bills of exchange, or in payment of deposits, or in any other mode pay or put in circulation, the notes of any bank or banking associa- tion which are not, at any such time, receivable, at par, on deposit, and in payment of debts by the association so paying out or circulating such notes; nor shall any association knowingly pay out or put in circulation any notes issued by any bank or banking association which at the time of such paying out or putting in circulation is not redeeming its circu- lating notes in lawful money of the United States. 145. United States Notes not to be Held as Collateral.— (§ 5207.) No association shall hereafter offer or receive United States notes or national bank notes as security or as collateral security for any loan of money, or for a consideration agree to withhold the same from use, or offer or receive the custody or promise of custody of such notes as security, or as collateral security, or consideration for any loan of money. Any association offending against the provisions of this section shall be 304 iiillyer's legal manual. deemed pfiiilty of a misdemeanor, and shall be fined not more than one thousand doHars and a furtlier sum equal to one-third of the money so loaned. The officer or officers of any association who shall make any such loan shall be liable for a further sum equal to one-quarter of the money loaned; and any fine or penalty incurred by a violation of this section shall be recoverable for the benefit of the party bringing such suit. 146. Issue of Gold Certificates. Act July 12, 1882.— (§ 12.) That the Secretary of the Treasury is authorized and directed to receive de- posits of gold coin .... and issue certificates therefor Said certificates .... when held by any national banking association, shall be counted as part of its lawful reserve; and no national banking asso- ciation shall be a member of any clearing-house in which such certifi- cates shall not be receivable in the settlement of clearing-house balances : .... And the provisions of section 5207 of the Revised Statutes shall be applicable to the certificates herein authorized and directed to be issued. 147. Penalty for Falsely Certifying Checks.— (§ 5208.) It shall be unlawful for any officer, clerk, or agent of any national banking asso- ciation to certify any check drawn upon the association unless the per- son or company drawling the check has on deposit with the association, at the time such check is certified, an amount of money equal to the amount specified in such check. Any check so certified by duly author- ized officers shall be a good and valid obligation against the association; but the act of any officer, clerk, or agent of any association, in violation of this section, shall subject such bank to the liabilities and proceedings on the part of the Comptroller as provided for in section 5234. 148. Punishment for Falsely Certifying Checks. Act July 12, 1882. — (§ 13.) That any officer, clerk, or agent of any national bank- ing association w^ho shall willfully violate the provisions of an act en- titled "An act in reference to certifying checks by national banks, '^ approved March 3, eighteen hundred and sixty-nine, being section 5208 of the Revised Statutes of the United States, or who shall resort to any device, or receive any fictitious obligation, direct or collateral, in order to evade the provisions thereof, or w^ho shall certify checks before the amount thereof shall have been regularly entered to the credit of the dealer upon the books of the banking association, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof in any circuit or district court of the United States, be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, in the discretion of the court. 149. Penalty for Embezzlement, Abstraction, Willful Misapplication, False Entries, etc.— (§ 5209.) Every president, director, cashier, teller, clerk, or agent of any association, who embezzles, abstracts, or willfully misapplies any of the moneys, funds, or credits of the associa- tion; or who, without authority from the directors, issues or puts in NATIONAL BANK ACT. 305 circulation any of the notes of the association ; or who, without such au- thority, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment, or decree ; or who makes any false entry in any book, report, or statement of the association, with intent, in either case, to injure or defraud the asusociation or any other company, body politic or corporate, or any individual person, or to deceive any officer of the association, or any agent appointed to examine the affairs of any such association ; and every person who with like intent aids or abets any officer, clerk, or agent in any violation of this section, shall be deemed guilty of a misdemeanor, and shall be imprisoned not less than five years nor more than ten. 150. National Banks not Permitted to Make Contributions in Con- nection With Election to Political Office. Act January 26, 1907.— That it shall be unlawful for any national bank, or any corporation organ- ized b}^ authority of any laws of Congress, to make a money contribution in connection with any election to any political office. It shall also be unlawful for any corporation whatever to make a money contribution in connection with any election at which Presidential and Vice-Presi- dential electors or a Representative in Congress is to be voted for. or any election by any State legislature of a United States Senator. Every corporation which shall make any contribution in violation of the fore- going provisions shall be subject to a fine not exceeding five thousand dollars, and every officer or director of any corporation who shall con- sent to any contribution by the corporation in violation of the foregoing provisions shall upon conviction be punished by a fine of not exceeding one thousand and not less than two hundred and fifty dollars, or by im- prisonment for a term of not more than one year, or both such fine and imprisonment in the discretion of the court. 151. List of Shareholders. — (§ 5210.) The president and cashier of every national banking association shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in the association, and the number of shares held by each, in the office where its business is transacted. Such list shall be subject to the in- spection of all the shareholders and creditors of the association, and the officers authorized to assess taxes under State authority, during business hours of each day in which business may be legally transacted. A copy of such list, on the first Monday of July of each year, verified by the oath of such president or cashier, shall be transmitted to the Comptroller of the Currency. 153. Reports to Comptroller of the Currency. — (§ 5211.) [As amended 1877.] Every association shall make to the Comptroller of the Currency not less than five reports during each year, according to the form which may be prescribed by him, verified by the oath or affirma- tion of the president or cashier of such association, and attested by the signature of at least three of the directors. Each such report shall ex- hibit, in detail and under appropriate heads, the resources and liabilities 20 306 of the association at the close of business on any ipast day by him speci- fied; and shall be transmitted to the Comptroller within five days after the receipt of a request or requisition therefor from him, and in the same form in whieh it is made to the Comptroller shall be published in a newspaper published in the place where such association is established, or if there is no newspaper in the place, then in the one published nearest thereto in the same county, at the expense of the association; and such proof of publication shall be furnished as may be required by the Comptroller. The Comptroller shall also have power to call for special reports from any particular association whenever in his judg- ment the same are necessary in order to a full and complete knowledge of its condition. 153. Verification of Reports. Act February 26, 1881.— That the oath or affirmation required by section 5211 of the Revised Statutes, verifying the returns made by national banks to the Comptroller of the Currency, when taken before a notary public properly authorized and commissioned by the State in which such notary resides and the bank is located, or any other officer having an official seal, authorized in such State to administer oaths, shall be a sufficient verification as contem- plated by said section 5211 : Provided, That the officer administering the oath is not an officer of the bank. 154. Report of Dividends. — (§ 5212.) In addition to the reports required by the preceding section, each association shall report to the Comptroller of the Currencj'-, within ten days after declaring any divi- dend, the amount of such dividend, and the amount of net earnings in excess of such dividend. Such reports shall be attested by the oath of the president or cashier of the association. 155. Penalty for Failure to Make Reports. — (§ 5213.) Every asso- ciation which fails to make and transmit any report required under either of the two preceding sections shall be subject to a penalty of one hundred dollars for each day after the periods, respectively, therein mentioned, that it delays to make and transmit its report. Whenever any association delays or refuses to pay the penalty herein imposed, after it has been assessed by the Comptroller of the Currency, the amount thereof may be retained by the Treasurer of the United States, upon the order of the Comptroller of the Currency, out of the interest, as it may become due to the association, on the bonds de- posited with him to secure circulation. All sums of money collected for penalties under this section shall be paid into the Treasury of the United States. 156. Taxes Payable to the United States. — (§ 5214.) [As amended May 30, 1908.] National banking associations having on deposit bonds of the United States, bearing interest at the rate of tw^o per centum per annum, including the bonds issued for the construction of the Panama Canal, under the provisions of section 8 of "An act to pro- vide for the construction of a canal connecting the waters of the NATIONAL BANK ACT. 307 Atlantic and Pacific oceans," approved June twenty-eighth, nineteen hundred and two, to secure its circulating notes, shall pay to the Treas- urer of the United States, in the months of January and July, a tax of one-fourth of one per centum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of such bonds; and such associations having on deposit bonds of the United States bearing interest at a rate higher than two per centum per annum shall pay a tax of one-half of one per centum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of such bonds. National banking associations having circulating notes secured otherwise than by bonds of the United States shall pay for the first month a tax at the rate of five per centum per annum upon the average amount of such of their notes in circula- tion as are based upon the deposit of such securities, and afterwards an additional tax of one per centum per annum for each month until a tax of ten per centum per annum is reached, and thereafter such tax of ten per centum per annum, upon the average amount of such notes. Every national banking association having outstanding circulating notes secured by a deposit of other securities than United States bonds shall make monthly returns, under oath of its president or cashier, to the Treasurer of the United States, in such form as the Treasurer may prescribe, of the average monthly amount of its notes so secured in circulation; and it shall be the duty of the Comptroller of the Cur- rency to cause such reports of notes in circulation to be verified by examination of the banks' records. The taxes received on circulating notes secured otherwise than by bonds of the United States shall be paid into the Division of Redemption of the Treasury and credited and added to the reserve fund held for the redemption of the United States and other notes. 157. Half-yearly Return of Circulation [Deposits and Capital Stock] . (§ 5215.) In order to enable the Treasurer to assess the duties im- posed by the preceding section, each association shall, within ten days from the first days of January and July of each year, make a return, under the oath of its president or cashier, to the Treasurer of the United States, in such form as the Treasurer may prescribe, of the average amount of its notes in circulation [and of the average amount of its deposits, and of the average amount of its capital stock, beyond the amount invested in United States bonds] for the six months next preceding the most recent first day of January or July. Every asso- ciation which fails so to make such return shall be liable to a penalty of two hundred dollars, to be collected either out of the interest as it may become due such association on the bonds deposited with the Treasurer, or, at his option in the manner in which penalties are to be collected of other corporations under the laws of the United States. 158. Penalty for Failure to Make Return.— (§ 5216.) Whenever any association fails to make the half-yearly return required by the preceding section, the duties to be paid by such association shall be 308 hillyer's legal manual. assessed upon the amount of notes delivered to such association by the Comptroller of the Currency [and upon the highest amount of its de- posits and capital stock, to be ascertained in such manner as the Treas- urer may deem best]. 159. Enforcing Tax on Circulation. — (§ 5217.) Whenever an asso- ciation fails to pay the duties imposed by the three preceding sec- tions, the sums due may be collected in the manner provided for the collection of United States taxes from other corporations ; or the Treas- urer may reserve the amount out of the interest, as it may become due, on the bonds deposited with him by such defaulting association. 160. Refunding Excess Tax. — (§ 5218.) In all cases where an as- sociation has paid or ma}^ pay in excess of what may be or has been found due from it, on account of the duty required to be paid to the Treasurer of the United States, the association may state an account therefor, which, on being certified by the Treasurer of the United States, and found correct by the First Comptroller of the Treasury, shall be refunded in the ordinary manner by warrant on the Treasury. 161. No Tax to be Paid by Insolvent Banks. Act March 1, 1879.— (§ 22.) That whenever and after any bank has ceased to do business by reason of insolvency or bankruptcy, no tax shall be assessed or col- lected, or paid into the Treasury of the United States, on account of such bank, which shall diminish the assets thereof necessary for the full payment of all its depositors; and such tax shall be abated from such national banks as are found by the Comptroller of the Currency to be insolvent. 162. State Taxation.— (§ 5219.) Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assess- ing taxes imposed by authority of the State within which the associa- tion is located; but the legislature of each State may determine and direct the manner and place of taxing all the shares of national bank- ing associations located within the State, subject only to the two re- strictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by nonresidents of any State shall be taxed in the city or town where the bank is located, and not elsewhere. Nothing herein shall be construed to exempt the real property of associations from either State, county, or municipal taxes, to the same extent, according to its value, as other real property is taxed. CHAPTER V. Dissolution and Receivership. 163. Two-thirds Vote Required for Liquidation. — (§ 5220.) Any association may go into liquidation and be closed by the vote of its shareholders owning two-thirds of its stock. NATIONAL BxVNK ACT. 309 164. Notice of Voluntary Liquidation. — (§ 5221.) Whenever a vote is taken to go into liquidation it shall be the duty of the board of directors to cause notice of this fact to be certified, under the seal of the association, by its president or cashier, to the Comptroller of the Currency, and publication thereof to be made for a period of two months in a newspaper published in the city of New York, and also in a newspaper published in the city or town in which the association is located, or if no newspaper is there published, then in the newspaper published nearest thereto, that the association is closing up its affairs, and notifying the holders of its notes and other creditors to present the notes and other claims against the association for payment. 165. Deposit of Lawful Money to Redeem Circulation. — (§ 5222.) Within six months from the date of the vote to go into liquidation, the association shall deposit with the Treasurer of the United States, lawful money of the United States sufficient to redeem all its outstand- ing circulation. The Treasurer shall execute duplicate receipts for money thus deposited, and deliver one to the association and the other to the Comptroller of the Currency, stating the amount received by him, and the purpose for which it has been received; and the money shall be paid into the Treasury of the United States, and placed to the credit of such association upon redemption accoimt. 166. No Deposit Required for Consolidation. — (§ 5223.) An asso- ciation which is in good faith winding up its business for the purpose of consolidating with another association shall not be required to de- posit lawful money for its outstanding circulation; but its assets and liabilities shall be reported by the association with which it is in process of consolidation. 167. Reassignment of Bonds and Redemption of Notes of Liquidat- ing Banks. — (§ 5224.) [As amended 1875.] Whenever a sufficient de- posit of lawful money to redeem the outstanding circulation of an association proposing to close its business has been made, the bonds deposited by the association to secure payment of its notes shall be re- assigned to it, in the manner prescribed by section 5162. And there- after the association and its shareholders shall stand discharged from all liabilities upon the circulating notes, and those notes shall be re- deemed at the Treasury of the United States. And if any such bank shall fail to make the deposit and take up its bonds thirty days after the expiration of the time specified, the Comptroller of the Currency shall have power to sell the bonds pledged for the circulation of said bank, at public auction in New York City, and, after providing for the redemption and cancellation of said circulation, and the necessary expenses of the sale, to pay over any balance remaining to the bank or its legal representatives. 168. Duty of Treasurer, Assistant Treasurers, etc., to Return Notes of Failed or Liquidating Banks to Treasury for Redemption. Act June 20, 1874.— (§ 8.) And it shall be the duty of the Treasurer, as- 310 HILLYER^S LEGAL MANUAL. sistant treasurers, designated depositaries, and national bank deposi- taries of the United States to assort and return to the Treasury for redemption the notes of such national banks as have failed, or gone into voluntary liquidation for the purpose of winding up their affairs, and of such as shall hereafter so fail or go into liquidation. 1<)9. Destruction of Redeemed Notes. — (§ 5225.) [As amended 1877.] Whenever the Treasurer has redeemed any of the notes of an association which has commenced to close its affairs, under the five pre- ceding sections, he shall cause the notes to be mutilated and charged to the redemption account of the association; and all notes so redeemed by the Treasurer shall, every three months, be certified to and [burned] in the manner prescribed in section 5184. 170. Protest of Bank Circulation. — (§ 5226.) Whenever any na- tional banking association fails to redeem in the lawful money of the United States any of its circulating notes, upon demand of payment duly made during the usual hours of business, at the office of such as- sociation, or at its designated place of redemption, the holder may cause the same to be protested, in one package, by a notary public, unless the president or cashier of the association whose notes are pre- sented for payment [or the president or cashier of the association at the place at which they are redeemable] offers to waive demand and notice of the protest, and, in pursuance of such offer, makes, signs, and delivers to the party making such demand an admission in writing, stating the time of the demand, the amount demanded, and the fact of the nonpayment thereof. The notary public, on making such pro- test, or upon receiving such admission, shall forthwith forward such admission or notice of protest to the Comptroller of the Currency, re- taining a copy thereof. If, however, satisfactory proof is produced to the notary public that the payment of the notes demanded is re- strained by order of any court of competent jurisdiction, he shall not protest the same. When the holder of any notes causes more than one note or package to be protested on the same day, he shall not receive pay for more than one protest. 171. Bonds Forfeited if Circulation is Dishonored — Examination by Special Agent. — (§ 5227.) On receiving notice that any national banking association has failed to redeem any of its circulating notes, as specified in the preceding section, the Comptroller of the Currency, with the concurrence of the Secretary of the Treasury, may appoint a special agent, of whose appointment immediate notice shall be given to such association, who shall immediately proceed to ascertain whether it has refused to pay its circulating notes in the lawful money of the United States, when demanded, and shall report to the Comptroller the f«act so ascertained. If, from such protest, and the report so made, the Comptroller is satisfied that such association has refused to pay its circulating notes and is in default, he shall, within thirty days after he has received notice of such failure, declare the bonds deposited by NATIONAL BANK ACT. 311 such association forfeited to the United States, and they shall there- upon be so forfeited. 172. Suspension of Business After Default. — (§ 5228.) [As amended 187'5.] After a default on the part of an association to pay any of its circulating notes has been ascertained by the Comptroller, and notice thereof has been given by him to the association, it shall not be lawful for the association suffering the same to pay out any of its notes, dis- count any notes or bills, or otherwise prosecute the business of bank- ing, except to receive and safely keep money belonging to it, and to deliver special deposits. 173. Notice to Present Circulation for Redemption — Cancellation of Bonds. — (§ 5229.) Immediately upon declaring the bonds of an as- sociation forfeited for nonpayment of its notes, the Comptroller shall give notice, in such manner as the Secretary of the Treasury shall, by general rules or otherwise, direct, to the holders of the circulating notes of such association, to present them for payment at the Treasury of the United States ; and the same shall be paid as presented in lawful money of the United States; whereupon the Comptroller may, in his discretion, cancel an amount of bonds pledged by such association equal at current market rates, not exceeding par, to the notes paid. 174. Sale of Bonds at Auction — First Lien for Redeeming Circula- tion. — (§ 5230.) Whenever the Comptroller has become satisfied, by the protest or the waiver and admission specified in section 5226, or by the report provided for in section 5227, that any association has re- fused to pay its circulating notes, he may, instead of canceling its bonds, cause so much of them as may be necessary to redeem its out- standing notes to be sold at public auction in the city of New York, after giving thirty days' notice of such sale to the association. For any deficiency in the proceeds of all the bonds of an association, when thus sold, to reimburse to the United States the amount expended in paying the circulating notes of the association, the United States shall have a paramount lien upon all its assets ; and such deficiency shall be made good out of such assets in preference to any and all other claims whatsoever, except the necessary costs and expenses of administering the same. 175. Bonds may be Sold at Private Sale.— (§ 5231.) The Comp- troller may, if he deems it for the interest of the United States, sell at private sale any of the bonds of an association shown to have made default in paying its notes, and receive therefor either money or the circulating notes of the association. But no such bonds shall be sold by private sale for less than par, nor for less than the market value thereof at the time of sale ; and no sales of any such bonds, either pub- lic or private, shall be complete imtil the transfer of the bonds shall have been made with the formalities prescribed by sections 5162, 5163, and 5164. 312 176. Disposal of Redeemed Notes — Regulations for Redemption Records. — (§ 5232.) The Secretary of the Treasury may, from time to time, make such regulations respecting the disposition to be made of circulating notes after presentation at the Treasury of the United States for payment, and respecting the perpetuation of the evidence of the payment thereof, as may seem to him proper. 177. Redeemed Notes to be Canceled.— (§ 5233.) All notes of na- tional banking associations presented at the Treasury of the United States for payment shall, on being paid, be canceled. 178. Appointment and Duties of Receivers. — (§ 5234.) On becom- ing satisfied, as specified in sections 5226 and 5227, that any association has refused to pay its circulating notes as therein mentioned, and is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take pos- session of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct; and may, if necessary to pay the debts of such association, enforce the individual liability of the stockholders. Such receiver shall pay over all money so made to the Treasurer of the United States, subject to the order of the Comptroller, and also make report to the Comptroller of all his acts and proceedings. 179. Notice to Creditors of Insolvent Banks to Present Claims. — (§ 5235.) The Comptroller shall, upon appointing a receiver, cause notice to be given, by advertisement in such newspapers as he may direct, for three consecutive months, calling on all persons who may have claims against such association to present the same, and to make legal proof thereof. 180. Dividends — ^Distribution of Assets of Insolvent Banks. — (§ 5236.) From time to time, after full provision has been first made for refunding to the United States any deficiency in redeeming the notes of such association, the Comptroller shall make a ratable divi- dend of the money so paid over to him by such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction, and, as the proceeds of the assets of such association are paid over to him, shall make further dividends on all claims previously proved or adjudicated ; and the remainder of the proceeds, if any, shall be paid over to the shareholders of such association, or their legal representatives, in proportion to the stock by them respectively held. 181. When Bank may Enjoin Further Proceedings. — (§ 5237.) Whenever an association against which proceedings have been insti- tuted, on account of any alleged refusal to redeem its circulating notes NATIONAL BANK ACT. 313 as aforesaid, denies having failed to do so, it may, at any time within ten days after it has been notified of the appointment of an agent, as provided in section 5227, apply to the nearest circuit, or district, or territorial court of the United States to enjoin further proceedings in the premises; and such court, after citing the Comptroller of the Currency to show cause why further proceedings should not be en- joined, and after the decision of the court or finding of the jury that such association has not refused to redeem its circulating notes, when legally presented, in the lawful money of the United States, shall make an order enjoining the Comptroller, and any receiver acting under his direction, from all further proceedings on account of such alleged re- fusal. 182. Fees and Expenses. — (§ 5238.) All fees for protesting the notes issued by am' national banking association shall be paid by the person procuring the protest to be made, and such association shall be liable therefor ; but no part of the bonds deposited by such association shall be applied to the payment of such fees. All expenses of any preliminary or other examinations into the condition of any associa- tion shall be paid by such association. All expenses of any receiver- ship shall be paid out of the assets of such association before distribution of the proceeds thereof. 183. When Receiver may be Appointed. Act June 30, 1876. — (§ 1.) That whenever any national banking association shall be dis- solved, and its rights, privileges, and franchises declared forfeited, as prescribed in section 5239 of the Revised Statutes of the United States, or whenever any creditor of any national banking association shall have obtained a judgment against it in any court of record, and made ap- plication, accompanied by a certificate from the clerk of the court stat- ing that such judgment has been rendered and has remained unpaid for the space of thirty days, or whenever the 'Comptroller shall become satisfied of the insolvency of the national banking association, he may, after due examination of its affairs, in either case, appoint a receiver who shall proceed to close up such association, and enforce the personal liability of the shareholders, as provided in section 5234 of said stat- utes. 184. Creditor's Bill Against Shareholders. Act June 30, 1876.— (§ 2.) That when any national banking association shall have gone into liquidation under the provisions of section 5220 of said statutes, the individual liabilit}^ of the shareholders provided for by section 5151 of said statutes may be enforced by any creditor of such association, by bill in equity, in the nature of a creditor's bill, brought by such cred- itor on behalf of himself and of all other creditors of the association, against the shareholders thereof, in any court of the United States hav- ing original jurisdiction in equity for the district in which such associa- tion may have been located or established. 314 hillyer's legal manual. 185. Appointment, Qualification, and Duties of Shareholders' Agent. Act June 30, 1876, as Amended 1892, 1897.— (§ 3.) That whenever any association shall have been or shall be placed in the hands of a receiver, as provided in section 5234 and other sections of the Revised Statutes of the United States, and when, as provided in section 5236 thereof, the Comptroller of the Currency shall have paid to each and every creditor of such association, not including shareholders who are creditors of such association, whose claim or claims as such creditor shall have been proved or allowed as therein prescribed, the full amount of such claims, and all expenses of the receivership, and the redemption of the circulating notes of such association shall have been provided for by depositing lawful money of the United States with the Treasurer of the United States, the Comptroller of the Currency shall call a meet- ing of the shareholders of such association by giving notice thereof for thirty days in a newspaper published in the town, city or county where the business of such association was carried on, or if no newspaper is there published, in the newspaper published nearest thereto. At such meeting the shareholders shall determine whether the receiver shall be continued and shall wind up the affairs of such association, or whether an agent shall be elected for that purpose, and in so determining the said shareholders shall vote by ballot, in person or by proxy, each share of stock entitling the holder to one vote, and the majority of the stock in value and number of shares shall be necessary to determine whether the said receiver shall be continued, or whether an agent shall be elected. In case such majority shall determine that the said receiver shall be continued, the said receiver shall thereupon proceed with the execution of his trust, and shall sell, dispose of, or otherwise collect the assets of the said association, and shall possess all the powers and authority, and be subject to all the duties and liabilities originally conferred or im- posed upon him by his appointment as such receiver, so far as the same remain applicable. In case the said meeting shall, by the vote of a majority of the stock in value and number of shares, determine that an agent shall be elected, the said meeting shall thereupon proceed to elect an agent, voting by ballot, in person or by proxy, each share of stock entitling the holder to one vote, and the person who shall receive votes representing at least a majority of stock in value and number shall be declared the agent for the purposes hereinafter provided ; and whenever any of the shareholders of the association shall, after the election of such agent, have executed and filed a bond to the satisfaction of the Comp- troller of the Currency, conditioned for the payment and discharge in full of each and every claim that may thereafter be proved and allowed by and before a competent court, and for the faithful performance of all and singular the duties of such trust, the Comptroller and the re- ceiver shall thereupon transfer and deliver to such agent all the undi- vided or uncollected or other assets of such association then remaining in the hands or subject to the order and control of said Comptroller and said receiver, or either of them; and for this purpose said Comp- NATIONAL BANK ACT. 315 troller and said receiver are hereby severally empowered and directed to execute any deed, assignment, transfer, or other instrument in writ- ing that may be necessary and proper; and upon the execution and delivery of such instrument to the said agent the said Comptroller and the said receiver shall by virtue of this act be discharged from any and all liabilities to such association and to each and all the creditors and shareholders thereof. Upon receiving such deed, assignment, transfer, or other instrument, the person elected such agent shall hold, control, and dispose of the assets and property of such association which he may receive under the terms hereof for the benefit of the shareholders of such association, and he may, in his own name, or in the name of such association, sue and be sued and do all other lawful acts and things necessary to finally settle and distribute the assets and property in his hands, and may sell, compromise, or compound the debts due to such association, with the con- sent and approval of the circuit or district court of the United States for the district where the business of such association was carried on, and shall at the conclusion of his trust render to such district or circuit court a full account of all his proceedings, receipts, and expenditures as such agent, which court shall, upon due notice, settle and adjust such accounts and discharge said agent and the sureties upon said bond. And in case any such agent so elected shall refuse to serve, or die, resign, or be removed, any shareholder may call a meeting of the shareholders of such association in the town, city, or village where the business of the said association was carried on, by giving notice thereof for thirty days in a newspaper published in said town, city, or village, or if no news- paper is there published, in the newspaper published nearest thereto, at which meeting the shareholders shall elect an agent, voting by ballot, in person or by proxy, each share of stock entitling the holder to one vote, and when such agent shall have received votes representing at least a majority of the stock in value and number of shares, and shall have executed a bond to the shareholders conditioned for the faithful performance of his duties, in the penalty fixed by the shareholders at said meeting, with two sureties, to be approved by a judge of a court of record, and file said bond in the office of the clerk of a court of record in the county where the business of said association was carried on, he shall have all the rights, powers, and duties of the agent first elected as hereinbefore provided. At any meeting held as hereinbefore provided administrators or executors of deceased shareholders may act and sign as the decedent might have done if living, and guardians of minors and trustees of other persons may so act and sign for their ward or wards or cestui que trust. The proceeds of the assets or property of any such association which may be undistributed at the time of such meeting or may be subsequently received shall l)e distributed as follows: ''First. To pay the expenses of the execution of the trust to the date of such payment. "Second. To repay any amount or amounts which have been paid in by any shareholder or shareholders of such association upon and by 316 hillyer's legal manual. reason of any and all assessments made upon the stock of such associa- tion by the order of the Comptroller of the Currency in accordance with the provisions of the statutes of the United States; and ''Third. The balance ratably among such stockholders, in propor- tion to the number of shares held and owned by each. Such distribu- tion shall be made from time to time as the proceeds shall be received and as shall be deemed advisable by the said Comptroller or said agent." 186. Receiver may Purchase Property to Protect His Trust. Act March 29, 1886. — (§ 1.) That whenever the receiver of any national bank duly appointed by the Comptroller of the Currency, and who shall have duly qualified and entered upon the discharge of his trust, shall find it in his opinion necessary, in order to fully protect and benefit his said trust, to the extent of any and all equities that such trust may have in any propertj^ real or personal, by reason of any bond, mortgage, as- signment, or other proper legal claim attaching thereto, and which said property is to be sold under any execution, decree of foreclosure, or proper order of any court of jurisdiction, he may certify the facts in the case, together with his opinion as to the value of the property to be sold, and the value of the equity his said trust may have in the same, to the Comptroller of the Currency, together with a request for the right and authority to use and employ so much of the money of said trust as may be necessary to purchase such property at such sale. 187. Approval of Request. Act March 29, 1886.— (§2.) That such request, if approved by the Comptroller of the Currency, shall be, together with the certificate of facts in the case, and his recommendation as to the amount of money w^hich, in his judgment, should be so used and employed, submitted to the Secretary of the Treasury, and if the same shall likewise be approved by him, the request shall be by the Comptroller of the Currency allowed, and notice thereof, with copies of the request, certificate of facts and indorsement of approvals, shall be filed with the Treasurer of the United States. 188. Payment. Act March 29, 1886.— (§ 3.) That whenever any such request shall be allowed as hereinbefore provided, the said Comp- troller of the Currency shall be, and is, empowered to draw upon and from such funds of any such trust as may be deposited with the Treas- urer of the United States for the benefit of the bank in interest, to the amount as may be recommended and allowed and for the purpose for w^hich such allowance w^as made : Provided, however. That all payments to be made for or on account of the purchase of any such property and under any such allowance shall be made by the Comptroller of the Cur- rency direct, with the approval of the Secretary of the Treasury, for such purpose only and in such manner as he may determine and order. 189. Penalty for Violation of This Title— Forfeiture of Charter- Individual Liability of Directors. — (§5239.) If the directors of any national banking association shall knowingly violate, or knowingly per- mit any of the officers, agents, or servants of the association to violate any of the provisions of this title, all the rights, privileges, and fran- NATIONAL BANK ACT. 317 chises of the association shall be thereby forfeited. Such violation shall, however, be determined and adjudged by a proper circuit, district, or territorial court of the United States, in a suit brought for that pur- pose by the Comptroller of the Currency, in his own name, before the association shall be declared dissolved. And in cases of such violation every director w^ho participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person shall have sustained in consequence of such violation. 190. Appointment of Examiners — Compensation. — (§5240.) [As amended 1875.] The Comptroller of the Currency, with the approval of the Secretary of the Treasury, shall, appoint examiners who shall examine every member bank at least twice in each calendar year and oftener if considered necessary : Provided, however, That the Federal Reserve Board may .authorize examination by the State authorities to be accepted in the case of State banks and trust companies and may at any time direct the holding of a special examination of State banks or trust companies that are stockholders in any Federal reserve bank. The examiner making the examination of any national bank, or of any other member bank shall have powder to make a thorough examination of all the affairs of the bank and in doing so he shall have power to administer oaths and to examine any of the officers and agents thereof under oath and shall make a full and detailed report of the condition of said bank to the Comptroller of the Currency. 191. Limitation of Visitorial Powers. — (§ 5241.) No association shall be subject to any visitorial powers other than such as are authorized by this title, or are vested in the courts of justice. 192. Transfers, When Void — Illegal Preference of Creditors. — (§ 5242.) All transfers of the notes, bonds, bills of exchange, or other evidences of debt owing to any national banking association, or of de- posits to its credit ; all assignments of mortgages, sureties on real estate, or of judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its share- holders or creditors ; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner pre- scribed by this chapter, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void; and no attachment, injunction or execution, shall be issued against such association or its property before final judgment in any suit, action, or proceeding, in any State, count}^ or municipal court. 193. Use of the Title ''National."— (§ 5243.) All banks not or- ganized and transacting business under the national currency law^s, or under this title, and all persons or corporations doing the business of bankers, brokers, or savings institutions, except savings banks authorized by Congress to use the word ''national" as a part of their corporate name, are prohibited from using the word "national" as a portion of 318 the name or title of such bank, corporation, firm, or partnership; and any violation of this prohibition committed after the third day of Sep- tember, eighteen hundred and seventy-three, shall subject the party chargeable therewith to a penalty of fifty dollars for each day during which it is permitted or repeated. CHAPTER VI. Acts of a General Nature and Sections of the Revised Statutes, not Included in the National Bank Act, Affecting National Banks. 194. All Suits Under Banking Law in Which the United States or Any of Its Officers or Agents are Parties to be Conducted by District Attorneys Under the Supervision of the Solicitor of the Treasury. — (§ 380.) All suits and proceedings arising out of the provisions of law governing national banking associations, in which the United States or any of its officers or agents shall be parties, shall be conducted by the district attorneys of the several districts under the direction and super- vision of the Solicitor of the Treasury. 195. Jurisdiction of Circuit Courts to Enjoin Comptroller. — (§ 629.) [As amended 1875.] The circuit courts shall have original jurisdiction of all suits brought by any banking association estab- lished in the district for which the court is held, under the provisions of title ''The National Banks," to enjoin the Comptroller of the Cur- rency, or any receiver acting under his direction, as provided by said title. 196. Where Such Proceedings must be Brought.— (§ 736.) All pro- ceedings by any national banking association to enjoin the Comptroller of the Currency, under the provisions of any law relating to national banking associations, shall be had in the district where such association is located. 197. Sealed Certificates of Comptroller Competent Evidence. — (§ 884.) Every certificate, assignment, and conveyance executed by the Comptroller of the Currency, in pursuance of law^, and sealed with his seal of office, shall be received in evidence in all places and courts; and all copies of papers in his office, certified by him and authenticated by the said seal, shall in all cases be evidence equally with the originals. An impression of such seal directly on the paper shall be as valid as if made on wax or wafer. 198. Certified Copy of Organization Certificate as Evidence. — (§ 885.) Copies of the organization certificate of any national banking association, duly certified by the Comptroller of the Currency, and au- thenticated by his seal of office, shall be evidence in all courts and places within the jurisdiction of the United States of the existence of the association, and of every matter which could be proved by the pro- duction of the oris^inal certificate. NATIONAL BANK ACT. 319 TAX ON STATE BANK CIRCULATION. 199. Tax on Circulation.— (§ 3408.) There shall be levied, col- lected and paid, as hereafter provided. First Second Third. A tax of one-twelfth of one per centum each month upon the average amount of circulation issued by any bank, association, corpora- tion, company, or persons, including as circulation all certified checks and all notes and other obligations calculated or intended to circulate or to be used as money, but not including that in the vault of the bank, or redeemed and on deposit for said bank; and an additional tax of one-sixth of one per centum each month upon the average amount of such circulation, issued as aforesaid, beyond the amount of ninety per centum of the capital of any such bank, association, corporation, com- pany, or person. In the case of banks with branches, the tax herein provided shall be assessed upon the circulation of each branch severally, and the amount of capital of each branch shall be considered to be the amount allotted to it. 200. Circulation When Exempted from Tax.— (§ 3411.) Whenever the outstanding circulation of any bank, association, corporation, com- pany, or person is reduced to an amount not exceeding five per centum of the chartered or declared capital existing at the time the same was issued, said circulation shall be free from taxation ; and whenever any bank which has ceased to issue notes for circulation deposits in the Treasury of the United States, in lawful money, the amount of its out- standing circulation, to be redeemed at par, under such regulations as the Secretary of the Treasury shall prescribe, it shall be exempt from any tax upon such circulation. 201. (§§ 3412, 3413.) 202. Tax on Circulation of Banks Other Than National Banks. Act February 8, 1875. — (§ 19.) That every person, firm, association, other than national bank associations, and every corporation, State bank, or State banking association shall pay a tax of ten per centum on the amount of their own notes used for circulation and paid out by them. 203. Tax on Notes of State Banks, Municipal Corporations, etc., Used as Circulation and Paid Out by Banks. Act February 8, 1875. (§ 20.) That every such person, firm, association, corporation. State bank, or State i>anking association, and also every national banking association, shall pay a like tax of ten per centum on the amount of notes of any person, firm, association other than a national banking association, or of any corporation. State bank, or State banking asso- ciation, or of any town, city, or municipal corporation, used for circu- lation and paid out by them. 204. Banks ' Returns — Pa3mient of Tax Penalties. Act February 8, 1875. — (§ 21.) That the amount of such circulating notes, and of the tax due thereon, shall be returned, and the tax paid at the same time, 320 hillyer's legal manual. and in the same manner, and with like penalties for failure to return and pay the same, as provided by law for the return and payment of taxes on deposits, capital, and circulation imposed by the existing pro- visions of internal revenue law. 205. Semi-annual Return by Banks. — (§ 3414.) A true and com- plete return of the monthly amount of circulation [of deposits, and of capital], as aforesaid, and of the monthly amount of notes of persons, town, city, or municipal corporations. State banks, or State banking associations paid out as aforesaid for the previous six months, shall be made and rendered in duplicate on the first day of December and the first day of June, by each of such banks, associations, corporations, companies, or persons, with a declaration annexed thereto, under the oath of such person, or of the president or cashier of such bank, asso- ciation, corporation, or company, in such form and manner as may be prescribed by the Commissioner of Internal Revenue, that the same contains a true and faithful statement of the amounts subject to tax, as aforesaid ; and one copy shall be transmitted to the collector of the district in which any such bank, association, corporation, or company is situated, or in which such person has his place of business, and one copy to the Commissioner of Internal Revenue. 206. Failure to Make Return — Commissioner to Estimate. — (§ 3415.) In default of the returns provided in the preceding section, the amount of circulation [deposit, capital], and notes of persons, town, city, and municipal corporations, State banks, and State banking associations paid out, as aforesaid, shall be estimated by the Commis- sioner of Internal Revenue, upon the best information he can obtain. And for any refusal or neglect to make return and payment any such bank, association, corporation, company, or person so in default shall pay a penalty of two hundred dollars, besides the additional penalty and forfeitures provided in other cases. 207. State Banks Converted into National Banks — Returns, How- Made. — (§ 3416.) Whenever any State bank or banking association has been converted into a national banking association, and such na- tional banking association has assumed the liabilities of such State bank or banking association, including the redemption of its bills, by any agreement or understanding whatever with the representatives of such State bank or banking association, such national banking associa- tion shall be held to make the required return and payment on the circulation outstanding, so long as such circulation shall exceed five per centum of the capital before such conversion of such State bank or banking association. 208. Tax Provisions Restricted.— (§ 3417.) [As amended 1875.] The provisions of this chapter relating to the tax on the [deposits, capital and] circulation of banks and to their returns, except as con- tained in sections 3410, 3411, 3412, 3413, and 3416, and such parts of sections 3414 and 3415 as relate to the tax of ten per centum on cer- tain notes, shall not apply to associations which are taxed under and by virtue of title ''National Banks." NATIONAL BANK ACT. 321 209. Taxes on Insolvent Banks. Act March 1, 1879.— (§ 22.) That whenever and after any bank has ceased to do business by rea- son of insolvency or bankruptcy, no tax shall be assessed or collected, or paid into the Treasury of the United States, on account of such bank, which shall diminish the assets thereof necessary for the full payment of all its depositors; and such tax shall be abated from such national banks as are found by the Comptroller of the Currency to be insolvent; and the Commissioner of Internal Revenue, when the facts shall so appear to him, is authorized to remit so much of said tax against insolvent State and savings banks as shall be found to affect the claims of their depositors. TAX ON UNITED STATES AND NATIONAL BANK NOTES. 210. Obligations of United States Exempt from Taxation. — (§ 3701.) All stocks, bonds. Treasury notes, and other obligations of the United States shall be exempt from taxation by or under State or municipal or local authority. 211. National Bank Notes and Notes and Certificates of the United States Circulating as Currency Subject to State Taxation. Act August 13, 1894. — (§ 1.) That circulating notes of national banking associations and United States legal tender notes and other notes and certificates of the United States, payable on demand and circulating or intended to circulate as currency, and gold, silver, or other coin shall be subject to taxation as money on hand or on deposit under the laws of any State or Territory : Provided, That any such taxation shall be exercised in the same manner and at the same rate that any such State or Territory shall tax money or currency circulating as money within its jurisdiction. (§2.) That the provisions of this act shall not be deemed or held to change existing laws in respect of the taxation of national banking associations. 212. Restrictions on Notes Less Than One Dollar.— (§ 3583.) No person shall make, issue, circulate, or pay out any note, check, memo- randum, token, or other obligation for a less sum than one dollar, in- tended to circulate as money or to be received or used in lieu of lawful money of the United States; and every person so offending shall be fined not more than five hundred dollars or imprisoned not more than six months, or both, at the discretion of the court. LEGAL TENDER. 213. Foreign Coins. — (§ 3584.) No foreign gold or silver coins shall be a legal tender in payment of debts. 214. Gold Coin of the United States.— (§ 3585.) The gold coins of the United States shall be a legal tender in all payments at their nominal value when not below the standard weight and limit of toler- ance provided by law for the single piece, and when reduced in weight 21 322 below such standard and tolerance, shall be a legal tender at valuation in proportion to their actual weight. 215. (§ 3586.) Superseded. 216. Authorizing Coinage of Standard Silver Dollars and Making Them Legal Tender. Act of February 28, 1878.— (§ 1.) That there shall be coined at the several mints of the United States, silver dollars of the weight of 4121/2 grains Troy of standard silver .... ; which coins together with all silver dollars heretofore coined by the United States, of like weight and fineness, shall be a legal tender, at their nominal value, for all debts and dues, public and private, except where otherwise expressly stipulated in the contract. 217. Subsidiary Silver Coins. Act of June 9, 1879.— (§ 3.) That the present silver coins of the United States of smaller denominations than one dollar shall hereafter be a legal tender in all sums not ex- ceeding ten dollars in full payment of all dues public and private. 218. Minor Coins.— (§ 3587.) The minor coins of the United States shall be a legal tender, at their nominal value, for any amount not exceeding twenty-five cents in any one payment. 219. United States Notes.— (§ 3588.) United States notes shall be lawful money, and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports and interest on the public debt. 220. Demand Treasury Notes. — (§ 3589.) Demand Treasury notes authorized by the act of July 17, 1861, chapter 5, and the act of February 12, 1862, chapter 20, shall be lawful money and a legal tender in like manner as United States notes. 221. Interest-bearing Notes. — (§ 3590.) Treasury notes issued under the authority of the acts of March 3, 1863, chapter 73, and June 30, 1864, chapter 172, shall be legal tender to the same extent as United States notes, for their face value, excluding interest : Provided, That Treasury notes issued under the act last named shall not be a legal tender in payment or redemption of any notes issued by any bank, banking association, or banker, calculated and intended to cir- culate as money. 222. For What Demands National Bank Notes may be Received. — (§ 5182.) See par. 88. 223. Gold Certificates. Act July 12, 1882.— (§ 12.) That the Sec- retary of the Treasury is authorized and directed to receive deposits of gold coin with the Treasurer or assistant treasurers of the United States, in sums of not less than twenty dollars, and to issue certifi- cates therefor in denominations of not less than twenty dollars each, corresponding Avith the denominations of United States notes. The coin deposited for or representing the certificates of deposit shall be retained in the Treasury for the payment of the same on demand. Said certificates shall be receivable for customs, taxes, and all public dues, and when so received may be reissued; and such certificates, as also silver certificates, when held by any national banking association. NATIONAL BANK ACT. 323 shall be counted as part of its lawful reserve; and no national banking association shall be a member of any clearing-house in which such cer- tificates shall not be receivable in the settlement of clearing-house balances: Provided, That the Secretary of the Treasury shall suspend the issue of such gold certificates whenever the amount of gold coin and gold bullion in the Treasury reserved for the redemption of United States notes falls below one hundred millions of dollars ; and the pro- visions of section 5207 of the Revised Statutes shall be applicable to the certificates herein authorized and directed to be issued. GOVERNMENT DEPOSITARIES. 224. Duty of Disbursing Officers.— (§ 3620.) [As amended 1877.1 It shall be the duty of every disbursing officer having any public money intrusted to him for disbursement to deposit the same with the Treas- urer or some one of the assistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law, and draw for the same only in favor of the persons to whom payment is made, and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no Treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essen- tial to the public interest, specially authorize in writing the deposit of such public money in any other public depositary, or, in writing, authorize the same to be kept in any other manner and under such rules and regulations as he may deem most safe and effectual to facili- tate the payments to public creditors. 225. Provisions for Deposits by Certain Postmasters. — (§ 3847.) Any postmaster, having public money belonging to the Government, at an office within a county where there are no designated depositaries, treasurers of mints, or Treasurer or assistant treasurers of the United States may deposit the same, at his own risk and in his official capa- city, in any national bank in the town, city, or county where the said postmaster resides ; but no authority or permission is or shall be given for the demand or receipt by the postmaster, or any other person, of interest, directly or indirectly, on any deposit made as herein de- scribed; and every postmaster who makes any such deposit shall re- port quarterly to the Postmaster-General the name of the bank where such deposits have been made, and also state the amount which may stand at the time to his credit. 226. Penalty for Misapplication of Money-order Funds. — (§ 4046.) Every postmaster, assistant, clerk, or other person employed in or connected with the business or operations of any money-order office who converts to his own use, in any way whatever, or loans, or de- posits in any bank, except as authorized by this title, or exchanges for other funds, any portion of the money-order funds, shall be deemed guilty of embezzlement, and any such person, as well as every other person advising or participating therein, shall, for every such offense, 324 hillyer's legal manual. be imprisoned for not less than six months nor more than ten years, and be fined in a sum equal to the amount embezzled ; and any failure to pay over or produce any money-order funds intrusted to such person shall be taken to be prima facie evidence of embezzlement ; and upon the trial of any indictment against any person for such embezzlement it shall be prima facie evidence of a balance against him to produce a transcript from the money-order account books of the Sixth Auditor. But nothing herein contained shall be construed to prohibit any post- master depositing, under the direction of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any money-order or other funds in his charge, nor prevent his negotiating drafts or other evi- dences of debt through such bank, or through United States disbursing officer, or otherwise, when instructed or required to do so by the Post- master-General for the purpose of remitting surplus money-order funds from one postoffice to another ; to be used in payment of money-orders. Disbursing officers of the United States shall issue, under regulations to be prescribed by the Secretary of the Treasury, duplicates of lost checks drawn by them in favor of any postmaster on account of money- order or other public funds received by them from some other post- master. 227. National Banking Associations to be Depositaries of Public Moneys.— (§ 5153.) [As amended 1907.] See par. 50. 228. Penalty for Unauthorized Deposit of Public Money. — (§ 5488.) Every disbursing officer of the United States who deposits any public money intrusted to him in any place or in any manner, except as au- thorized by law, or converts to his own use in any way whatever, or loans with or without interest, or for any purpose not prescribed by law withdraws from the Treasurer or any assistant treasurer, or any authorized depositary, or for any purpose not prescribed by law trans- fers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so deposited, converted, loaned, withdrawn, transferred, or applied; and shall be punished by imprisonment with hard labor for a term not less than one year nor more than ten years, or by a fine of not more than the amount embezzled or less than one thousand dollars, or by both such fine and imprisonment. 229. Penalty for Unauthorized Receipt or Use of Public Money. — (§ 5497.) [As amended 1879.] Every banker, broker, or other person not an authorized depositary of public moneys, who knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or who uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law, and every president, cashier, teller, director, or other officer of any bank or banking association, who vio- lates any of the provisions of this section, is guilty of an act of em- NATIONAL BANK ACT. 325 bezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be punished as pre- scribed in section 5488 FORGERIES, FRAUDS, ETC. 230. Obligations of the United States Defined.— (§ 5413.) [As amended 1875, 1877.] The words "obligation or other security of the United States" shall be held to mean all bonds, certificates of indebted- ness, national bank currency, coupons. United States notes, Treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. 231. Forging or Counterfeiting United States Securities. — (§ 5414.) Every person who, with intent to defraud, falsely makes, forges, coun- terfeits, or alters any obligation or security of the United States shall be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than fifteen years. 232. Counterfeiting National Bank Notes. — (§ 5415.) Every per- son who falsely makes, forges, or counterfeits, or causes or procures to be made, forged, or counterfeited, or willingly aids or assists in falsely making, forging, or counterfeiting, any note in imitation of, or purporting to be in imitation of, the circulating notes issued by any banking association now or hereafter authorized and acting under the laws of the United States; or who passes, utters, or publishes, or at- tempts to pass, utter, or publish, any false, forged, or counterfeited note purporting to be issued by any such association doing a banking business, knowing the same to be falsely made, forged, or counterfeited, or who falsely alters, or causes or procures to be falsely altered, or willingly aids or assists in falsely altering any such circulating notes, or passes, utters, or publishes, or attempts to pass, utter, or publish as true, any falsely altered or spurious circulating note issue, or pur- porting to have been issued, by any such banking association, knowing the same to be falsely altered or spurious, shall be imprisoned at hard labor not less than five years nor more than fifteen years, and fined not more than one thousand dollars. 233. Using Plates to Print Notes Without Authority.— (§ 5430.) Every person having control, custody, or possession of any plate, or any part thereof, from which has been printed, or which may be pre- pared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, who uses such plate, or knowingly suffers the same to be used for the pur- pose of printing any such or similar obligation, or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof ; and every person who en- graves, or causes or procures to be engraved, or assists in engraving, any plate in the likeness of any plate designed for the printing of such 326 hillyer's legal manual. obligation or other security, or who sells any such plate, or who brings into the United States from any foreign place any such plate, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate be used for the printing of the obligations or other securities of the United States; or who has in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such obligation or other security has been printed, with intent to use such plate, or suffer the same to be used in forging or counterfeit- ing any such obligation or other security, or any part thereof; or who has in his possession or custody, except under authority from the Sec- retary of the Treasury or other proper officer, any obligation or other security, engraved and printed after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same ; and every person who prints, photographs, or in any other manner makes or executes, or causes to be printed, photographed, made, or executed, or aids in printing, photo- graphing, making, or executing any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or who sells any such engraving, photograph, print, or impression, except to the United States, or who brings into the United States from any foreign place any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States, or who has or retains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any sim- ilar paper adapted to the making of any such obligation or other secur- ity, except under the authority of the Secretary of the Treasury or some other proper officer of the United States, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not more than fifteen years, or by both. 234. Penalty for Passing Counterfeit Circulation. — (§ 5431.) Every person who, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States with intent to pass, publish, utter, or sell, or keeps in possession or conceals, with like intent, any falsely made, forged, coun- terfeited, or altered obligation, or other security of the United States, shall be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than fifteen years. 235. Penalty for Taking Unauthorized Impression of Tools. — (§ 5432.) Every person who, without authority from the United States, takes, procures, or makes, upon lead, foil, wax, plaster, paper, or any other substance or material, an impression, stamp, or imprint of, from, or by the use of, any bedplate, bedpiece, die, roll, plate, seal, type, or other tool, implement, instrument, or thing used or fitted, or intended to be used, in printing, stamping, or impressing, or in making other tools, implements, instruments, or things, to be used, or fitted or intended to be used, in printing, stamping, or impressing any kind NATIONAL BANK ACT. 327 or description of obligation or other security of the United States, now authorized or hereafter to be authorized by the United States, or circu- lating note or evidence of debt of any banking association under the laws thereof, shall be punished by imprisonment at hard labor not more than ten years, or by a fine of not more than five thousand dollars, or both. 236. Penalty for Having Such Impressions. — (§ 5433.) Every per- son who, with intent to defraud, has in his possession, keeping, custody, or control, without authority from the United States, any imprint, stamp, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument, or thing used, or fitted, or intended to be used for any of the purposes mentioned in the preced- ing section; or who, with intent to defraud, sells, gives, or delivers any such imprint, stamp, or impression to any other person, shall be punished b}^ imprisonment at hard labor not more than ten years, or by a fine of not more than five thousand dollars. 237. Penalty for Dealing in Counterfeit Circulation.— (§ 5434.) Every person who buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, or circulating note of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars, or both. 238. Issuing Circulation of Expired Associations, Penalty Therefor. (§ 5437.) In all cases where the charter of any corporation which has been or may be created by act of Congress has expired or may hereafter expire, if any director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the cor- poration for the purpose of paying or redeeming its notes and obliga- tions, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation whose charter has expired, or by any officer thereof, or purporting to have been made under authority derived therefrom, or if any person know- ingly aids in any such act, he shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not less than one year nor more than five years, or by both such fine and imprisonment. But nothing herein shall be construed to make it unlawful for any person, not being such director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose hereinbefore set forth, who has received or may hereafter receive such bill, note, check, draft, or other security, bona fide and in the ordinary transactions of business to utter as money and otherwise circulate the same. 328 hillyeb's legal manual. 239. Fraudulent Notes to be so Marked by United States Officers and Officers of National Banks. Act June 30, 1876. — (§ 5.) That all United States officers charged with the receipt or disbursement of pub- lic moneys, and all officers of national banks, shall stamp or write in plain letters the word ''counterfeit," "altered," or ''worthless," upon all fraudulent notes issued in the form of and intended to circulate as money which shall be presented at their places of business; and if such officer shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face value thereof. CURRENCY ACT, APPROVED MARCH 14, 1900. 240. Gold Dollar Declared to be Standard Unit of Value.— Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the dollar consisting of twenty-five and eight-tenths grains of gold nine-tenths fine, as estab- lished by section 3511 of the Revised Statutes of the United States, shall be the standard unit of value, and all forms of money issued or coined by the United States shall be maintained at a parity of value with this standard, and it shall be the duty of the Secretary of the Treasury to maintain such parity. 241. Secretary of Treasury to Set Apart and Maintain a Gold Re- serve of One Hundred and Fifty Million Dollars in Gold Coin and Bullion for the Redemption of United States Notes and Notes Issued Under Act of July 14, 1890 — May Sell Bonds to Replenish Reserve. — (§ 2.) That United States notes, and Treasury notes issued under the act of July fourteenth, eighteen hundred and ninety, when presented to the Treasury for redemption, shall be redeemed in gold coin of the standard fixed in the first section of this act, and in order to secure the prompt and certain redemption of such notes as herein provided it shall be the duty of the Secretary of the Treasury to set apart in the Treasury a reserve fund of one hundred and fifty million dollars in gold coin and bullion, which fund shall be used for such redemp- tion purposes only, and w^henever and as often as any of said notes shall be redeemed from said fund it shall be the duty of the Secretary of the Treasury to use said notes so redeemed to restore and main- tain such reserve fund in the manner following, to wit: First, by ex- changing the notes so redeemed for any gold coin in the general fund of the Treasury; second, by accepting deposits of gold coin at the Treasury or at any subtreasury in exchange for the United States notes so redeemed; third, by procuring gold coin by the use of said notes, in accordance with the provisions of section 3700 of the Revised Stat- utes of the United States. If the Secretary of the Treasury is unable to restore and maintain the gold coin in the reserve fund by the fore- going methods, and the amount of such gold coin and bullion in said fund shall at any time fall below one hundred million dollars, then it shall be his duty to restore the same to the maximum sum of one hun- dred and fifty million dollars by borrowing money on the credit of NATIONAL BANK ACT. 329 the United States, and for the debt thus incurred to issue and sell coupon or registered bonds of the United States, in such form as he may prescribe, in denominations of fifty dollars or any multiple thereof,- bearing interest at the rate of not exceeding three per centum per annum, payable quarterly, such bonds to be payable at the pleasure of the United States after one year from the date of their issue, and to be payable, principal and interest, in gold coin of the present stand- ard value, and to be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority; and the gold coin received from the sale of said bonds shall first be covered into the general fund of the Treasury and then exchanged, in the manner hereinbefore pro- vided, for an equal amount of the notes redeemed and held for ex- change, and the Secretary of the Treasury may, in his discretion, use said notes in exchange for gold, or to purchase or redeem any bonds of the United States, or for any other lawful purpose the public inter- ests may require, except that they shall not be used to meet deficiencies in the current revenues. That United States notes when redeemed in accordance with the provisions of this section shall be reissued, but shall be held in the reserve fund until exchanged for gold, as herein provided; and the gold coin and bullion in the reserve fund, together with the redeemed notes held for use as provided in this section, shall at no time exceed the maximum sum of one hundred and fifty million dollars. 242. Silver Dollar to Remain Legal Tender.— (§ 3.) That nothing contained in this act shall be construed to affect the legal tender qual- ity as now provided by law of the silver dollar, or of any other money coined or issued by the United States. 243. Divisions of Issue and Redemption Established. — (§ 4.) That there be established in the Treasurj^ Department, as a part of the office of the Treasurer of the United States, divisions to be designated and known as the division of issue and the division of redemption, to which shall be assigned, respectively, under such regulations as the Secretary of the Treasury may approve, all records and accounts relating to the issue and redemption of United States notes, gold certificates, silver certificates, and currency certificates. There shall be transferred from the accounts of the general fund of the Treasury of the United States, and taken up on the books of said divisions, respectively, accounts re- lating to the reserve fund for the redemption of United States notes and Treasury notes, the gold coin held against outstanding gold cer- tificates, the United States notes held against outstanding currency certificates, and the silver dollars held against outstanding silver cer- tificates, and each of the funds represented by these accounts shall be used for the redemption of the notes and certificates for which they are respectively pledged, and shall be used for no other purpose, the same being held as trust funds. 244. When Silver Dollars are Coined from Bullion Purchased Under Act of July 14, 1890, an Equal Amount of Treasury Notes to be Can- 330 hillyer's legal manual. celed and Silver Certificates Issued.^(§ 5.) That it shall be the duty of the Secretary of the Treasury, as fast as standard silver dollars are coined under the provisions of the acts of July fourteenth, eighteen hundred and ninety, and June thirteenth, eighteen hundred and ninety- eight, from bullion purchased under the act of July fourteenth, eigh- teen hundred and ninety, to retire and cancel an equal amount of Treasury notes whenever received into the Treasury, either by ex- change in accordance with the provisions of this act or in the ordinary course of business, and upon the cancellation of Treasury notes silver certificates shall be issued against the silver dollars so coined. 245. Issue of Gold Certificates— Issue of Gold Certificates Payable to Order.— (§ 6.) [As amended by acts of March 4, 1907, and March 2, 1911.] That the Secretary of the Treasury is hereby authorized and directed to receive deposits of gold coin with the Treasurer or any assistant treasurer of the United States in sums of not less than twenty dollars, and to issue gold certificates therefor in denominations of not less than ten dollars, and the coin so deposited shall be retained in the Treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and all public dues, and when so received may be re- issued, and when held by any national banking association may be counted as a part of its lawful reserve : Provided, That whenever and so long as the gold coin and bullion held in the reserve fund in the Treasury for the redemption of United States notes and Treasury notes shall fall and remain below one hundred million dollars the authority to issue certificates as herein provided shall be suspended: And pro- vided further. That whenever and so long as the aggregate amount of United States notes and silver certificates in the general fund of the Treasury shall exceed sixty million dollars the Secretary of the Treas- ury may, in his discretion, suspend the issue of the certificates herein provided for : And provided further. That of the amount of such out- standing certificates one-fourth at least shall be in denominations of fifty dollars or less : And provided, further. That the Secretary of the Treasury may, in his discretion, issue such certificates in denomina- tions of ten thousand dollars, payable to order: And provided further. That the Secretary of the Treasury may, in his discretion, receive, with the assistant treasurer in New York and the assistant treasurer in San Francisco, deposits of foreign gold coin at their bullion value in amounts of not less than one thousand dollars in value and issue gold certificates therefor of the description herein authorized: And provided further. That the Secretary of the Treasury may, in his discretion, re- ceive, with the Treasurer or any assistant treasurer of the United States, deposits of gold bullion bearing the stamp of the coinage mints of the United States, or the assay office in New York, certifying their weight, fineness, and value, in amounts of not less than one thousand dollars in value, and issue gold certificates therefor of the description herein authorized. But the amount of gold bullion and foreign coin so held shall not at any time exceed one-third of the total amount of gold NATIONAL BANK ACT. 331 certificates at such time outstanding.. And section 5193 of the Revised Statutes of the United States is hereby repealed. 246. Issue of Silver Certificates. — (§ 7.) That hereafter silver cer- tificates shall be issued only of denominations of ten dollars and under except that not exceeding in the aggregate ten per centum of the total volume of said certificates, in the discretion of the Secretary of the Treasury, may be issued in denominations of twenty dollars, fifty dol- lars, and one hundred dollars ; and silver certificates of higher denom- ination than ten dollars, except as herein provided, shall, whenever received at the Treasury or redeemed, be retired and canceled, and certificates of denominations of ten dollars or less shall be substituted therefor, and after such substitution, in whole or in part, a like volume of United States notes of less denomination than ten dollars shall from time to time be retired and canceled, and notes of denominations of ten dollars and upward shall be reissued in substitution therefor, with like qualities and restrictions as those retired and canceled. 247. Subsidiary Silver Coinage.— (§ 8.) That the Secretary of the Treasury is hereby authorized to use, at his discretion, any silver bullion in the Treasury of the United States purchased under the act of July fourteenth, eighteen hundred and ninety, for coinage into such denominations of subsidiary silver coin as may be necessary to meet the public requirements for such coin : Provided, That the amount of sub- sidiary silver coin outstanding shall not at any time exceed in the aggre- gate one hundred millions of dollars. Whenever any silver bullion purchased under the act of July fourteenth, eighteen hundred and ninety, shall be used in the coinage of subsidiary silver coin, an amount of Treasury notes issued under said act equal to the cost of the bullion contained in such coin shall be canceled and not reissued. 248. Recoinage of Uncurrent Subsidiary Silver Coin. — (§ 9.) That the Secretary of the Treasury is hereby authorized and directed to cause all worn and uncurrent subsidiary silver coin of the United States now in the Treasury, and hereafter received, to be recoined, and to reim- burse the Treasurer of the United States for the difference between the nominal or face value of such coin and the amount the same will pro- duce in new coin from any moneys in the Treasury not otherwise appro- priated. 249. (§ 10.) See par. 34. 250. Refunding of United States Bonds.— (§ 11.) That the Secre- tary of the Treasury is hereby authorized to receive at the Treasury any of the outstanding bonds of the United States bearing interest at five per centum per annum, payable February first, nineteen hundred and four, and any bonds of the United States bearing interest at four per centum per annum, payable July first, nineteen hundred and seven, and any bonds of the United States bearing interest at three per centum per annum, payable August first, nineteen hundred and eight, and to issue in exchange therefor an equal amount of coupon or registered bonds of the United States in such form as he may prescribe, in denominations of 332 fifty dollars or any multiple thereof, bearing interest at the rate of two per centum per annum, payable quarterly, such bonds to be payable at the pleasure of the United States after thirty years from the date of their issue, and said bonds to be payable, principal and interest, in gold coin of the present standard value, and to be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority: Provided, That such outstanding bonds may be received in exchange at a valuation not greater than their present worth to yield an income of two and one-quarter per centum per annum; and in consideration of the reduc- tion of interest effected, the Secretary of the Treasury is authorized to pay to the holders of the outstanding bonds surrendered for exchange, out of any money in the Treasury not otherwise appropriated, a sum not greater than the difference between their present worth, computed as aforesaid, and their par value, and the payments to be made here- under shall be held to be payments on account of the sinking fund created by section 3694 of the Revised Statutes : And provided further. That the two per centum bonds to be issued under the provisions of this act shall be issued at not less than par, and they shall be numbered consecutively in the order of their issue, and when payment is made the last numbers issued shall be first paid, and this order shall be followed until all the bonds are paid, and whenever any of the outstanding bonds are called for payment interest thereon shall cease three months after such call; and there is herebj^ appropriated out of any money in the Treasury not otherwise appropriated, to effect the exchanges of bonds provided for in this act, a sum not exceeding one-fifteenth of one per centum of the face value of said bonds, to pay the expense of preparing and issuing the same and other expenses incident thereto. • 251. (§ 12.) See par. 74. 252. (§ 13.) See par. 156. 253. International Bimetallism. — (§ 14.) That the provisions of this act are not intended to preclude the accomplishment of interna- tional bimetallism whenever conditions shall make it expedient and practicable to secure the same by concurrent action of the leading commercial nations of the world and at a ratio which shall insure per- manence of relative value between gold and silver. 254. (§1.) Act March 4, 1907. See par. 245. 255. Issue of Treasury Notes. — (§ 2.) That whenever and so long as the outstanding silver certificates of the denominations of one dollar, two dollars, and five dollars, issued under the provisions of section 7 of an act entitled ''An act to defi.ne and fix the standard of value, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for other purposes," approved March fourteenth, nineteen hundred, shall be, in the opinion of the Secretary of the Treasury insufficient to meet the public demand therefor, he is hereby authorized to issue United States notes of the denominations of one dollar, tw^o dollars, and five dollars, and upon NATIONAL BANK ACT. 333 the issue of United States notes of such denominations an equal amount of United States notes of higher denominations shall be retired and canceled: Provided, however, That the aggregate amount of United States notes at any time outstanding shall remain as at present fixed by law: And provided further, That nothing in this act shall be con- strued as affecting the right of any national bank to issue one-third in amount of its circulating notes of the denomination of five dollars, as now provided by law. 256. (§3.) See par. 50. 257. (§ 4.) See par. 67. TARIFF ACT APPROVED AUGUST 5, 1909. 258. Excise Tax on Corporations. — (§38.) (Superseded by income tax law of 1913. See p. 113, ante ) 259. Panama Canal Bonds^ — Additional Issue Authorized at Rate of Interest not to Exceed Three Per Cent Per Annum.— (§ 39.) That the Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time, as the proceeds may be required to defray expenditures on account of the Panama Canal and to reimburse the Treasury for such expenditures already made and not covered by previous issues of bonds, the sum of two hundred and ninety million five hundred and sixty-nine thousand dollars (which sum to- gether with the eighty-four million six hundred and thirty-one thou- sand nine hundred dollars already borrowed upon issues of two per cent bonds under section eight of the act of June twenty-eight, nine- teen hundred and two, equals the estimate of the Isthmian Canal Com- mission to cover the entire cost of the canal from its inception to its completion), and to prepare and issue therefor a coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of one hundred dollars, five hundred dollars, and one thousand dollars, payable fifty years from the date of issue, and bearing interest payable quarterly in gold coin at a rate not exceeding three per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority ; Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treas- ury not otherwise appropriated, to pay the expenses of preparing, ad- vertising, and issuing the same ; and the authority contained in section eight of the act of June twenty-eight, nineteen hundred and two, for the issue of bonds bearing interest at two per centum per annum, is hereby repealed. 334 hillyer's legal manual. 260. Panama Canal Bonds Issued Under Act of August 5, 1909, not Receivable as Security for the Issue of Circulating Notes to National Banks. — Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to insert in the bonds to be issued by him under section thirty-nine of an act entitled "An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes, ' ' approved August fifth, nineteen hundred and nine, a provision that such bonds shall not be receivable by the Treasurer of the United States as security for the issue of circu- lating notes to national banks; and the bonds containing such provision shall not be receivable for that purpose. ACT MARCH 2, 1911. 261. Certified Checks Drawn on National and State Banks Receiv- able for Duties on Imports and Internal Taxes. — Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That it shall be lawful for collectors of customs and of internal revenue to receive for duties on imports and internal taxes certified checks drawn on national and State banks, and trust companies during such time and under such regulations as the Secre- tary of the Treasury may prescribe. No person, however, who may be indebted to the United States on account of duties on imports or internal taxes who shall have tendered a certified check or checks as provisional payment for such duties or taxes, in accordance with the terms of this act, shall be released from the obligation to make ultimate payment thereof until such certified check so received has been duly paid ; and if any such check so received is not duly paid by the bank on which it is drawn and so certifying, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets of such bank; and such amount shall be paid out of its assets in preference to any or all other claims whatsoever against said bank, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such bank. § 2. That this act shall be effective on and after June first, nine- teen hundred and eleven. FEDERAL RESERVE ACT. Short Title. — The short title of this act shall be the ''Federal Re- serve Act." "Bank" Defined. — ^Wherever the word "bank" is used in this act, the word shall be held to include State bank, banking association, and trust company, except where national banks or federal reserve banks are specifically referred to. FEDERAL RESERVE ACT. 335 Definitions. — The terms ''national bank" and ''national banking association" used in this act shall be held to be synonymous and inter- changeable. The term "member bank" shall be held to mean any national bank, State bank, or bank or trust company which has become a member of one of the reserve banks created by this act. The term "board" shall be held to mean Federal Reserve Board; the term "district" shall be held to mean federal reserve district ; the term "reserve bank" shall be held to mean federal reserve bank. FEDERAL RESERVE DISTRICTS. § 2. Federal Reserve Cities and Districts. — As soon as practicable, the Secretary of the Treasury, the Secretary of Agriculture and the Comptroller of the Currency, acting as "The Reserve Bank Organiza- tion Committee," shall designate not less than eight nor more than twelve cities to be known as federal reserve cities, and shall divide the continental United States, excluding Alaska, into districts, each district to contain only one of such federal reserve cities. The deter- mination of said organization committee shall not be subject to review except by the Federal Reserve Board when organized : Provided, That the districts shall be apportioned with due regard to the convenience and customary course of business and shall not necessarily be coter- minous with any State or States. The districts thus created may be readjusted and new districts may from time to time be created by the Federal Reserve Board, not to exceed twelve in all. Such districts shall be known as federal reserve districts and may be designated by number. A majority of the organization committee shall constitute a quorum with authority to act. Organization Committee. — Said organization committee shall be authorized to employ counsel and expert aid, to take testimony, to send for persons and papers, to administer oaths, and to make investi- gation as may be deemed necessary by the said committee in deter- mining the reserve districts and in designating the cities within such districts where such federal reserve banks shall be severally located. Federal Reserve Bank. — The said committee shall supervise the organization in each of the cities designated of a federal reserve bank, which shall include in its title the name of the city in which it is situated, as "Federal Reserve Bank of Chicago." Acceptance of the Terms and Provisions. — ^Under regulations to be prescribed by the organization committee, every national banking asso- ciation in the United States is hereby required, and every eligible bank in the United States and every trust company within the District of Columbia, is hereby authorized to signify in writing, within sixty days after the passage of this act, its acceptance of the terms and pro- visions hereof. When the organization committee shall have desig- nated the cities in which federal reserve banks are to be organized, and fixed the geographical limits of the federal reserve districts, every national banking association within that district shall be required within thirty days after notice from the organization committee, to 336 hillyer's legal manual. subscribe to the capital stock of such federal reserve bank in a sum equal to six per centum of the paid-up capital stock and surplus of such bank, one-sixth of the subscription to be payable on call of the organization committee or of the Federal Reserve Board, one-sixth within three months and one-sixth within six months thereafter, and the remainder of the subscription, or any part thereof, shall be sub- ject to call when deemed necessary by the Federal Reserve Board, said payments to be in gold or gold certificates. Shareholders Responsible. — The shareholders of every federal reserve bank shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such bank to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions of this act. Bank Failing to Signify Acceptance. — Any national bank failing to signify its acceptance of the terms of this act within the sixty days aforesaid, shall cease to act as a reserve agent, upon thirty days' notice, to be given within the discretion of the said organization com- mittee or of the Federal Reserve Board. Noncompliance With or Violation of Act. — Should any national banking association in the United States now organized fail within one year after the passage of this act to become a member bank or fail to comply with any of the provisions of this act applicable thereto, all of the rights, privileges, and franchises of such association granted to it under the national bank act, or under the provisions of this act, shall be thereby forfeited. Any noncompliance with or violation of this act shall, how^ever, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the Federal Reserve Board, by the Comptroller of the Cur- rency in his own name before the association shall be declared dis- solved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this act, every director who participated in or assented to the same shall be held liable in his personal or individual capacity for all damages which said bank, its shareholders, or any other person shall have sus- tained in consequence of such violation. Dissolution shall not Impair Remedy. — Such dissolution shall not take away or impair any remedy against such corporation, its stock- holders or officers, for any liability or penalty which shall have been previously incurred. Public Subscription. — Should the subscriptions by banks to the stock of said federal reserve banks or any one or more of them be, in the judgment of the organization conunittee, insufficient to provide the amount of capital required therefor, then and in that event the said organization committee may, under conditions and regulations to be prescribed by it, offer to public subscription at par such an amount FEDERAL RESERVE ACT. 337 of stock in said federal reserve banks, or any one or more of them, as said committee shall determine, subject to the same conditions as to payment and stock liability as provided for member banks. Public Stock. — No individual, copartnership, or corporation other than a member bank of its district shall be permitted to subscribe for or to hold at any time more than $25,000 par value of stock in any federal reserve bank. Such stock shall be known as public stock and may be transferred on the books of the federal reserve bank by the chairman of the board of directors of such bank. United States Stock. — Should the total subscriptions by banks and the public to the stock of said federal reserve banks, or any one or more of them, be, in the judgment of the organization committee, insufficient to provide the amount of capital required therefor, then and in that event the said organization committee shall allot to the United States such an amount of said stock as said committee shall determine. Said United States stock shall be paid for at par out of any money in the Treasury not otherwise appropriated, and shall be held by the Secretary of the Treasury and disposed of for the benefit of the United States in such manner, at such times, and at such price, not less than par, as the Secretary of the Treasury shall determine. Voting Power. — Stock not held by member banks shall not be en- titled to voting power. Rules and Regulations. — The Federal Reserve Board is hereby em- powered to adopt and promulgate rules and regulations governing the transfers of said stock. Subscribed Capital. — No federal reserve bank shall commence busi- ness with a subscribed capital less than $4,000,000. The organization of reserve districts and federal reserve cities shall not be construed as changing the present status of reserve cities and central reserve cities, except in so far as this act changes the amount of reserves that may be carried with approved reserve agents located therein. The organization committee shall have power to appoint such assistants and incur such expenses in carrying out the provisions of this act as it shall deem necessary, and such expenses shall be payable by the Treas- urer of the United States upon voucher approved by the Secretarj^ of the Treasury, and the sum of $100,000, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, for the payment of such expenses. BRANCH OFFICES. § 3. Branch Banks. — Each federal reserve bank shall establish branch banks within the federal reserve district in which it is located and may do so in the district of any federal reserve bank which may have been suspended. Such branches shall be operated by a board of directors under rules and regulations approved by the Federal Reserve Board. Directors of Branch Banks. — Directors of branch banks shall possess the same qualifications as directors of the federal reserve banks. Four 22 338 of said directors shall be selected by the reserve bank and three by the Federal Reserve Board, and they shall hold office during the pleasure, respectively, of the parent bank and the Federal Reserve Board. Manager. — The reserve bank shall designate one of the directors as manager. § 4. Certificate Showing Geographical Limits of Districts. — When the organization committee shall have established federal reserve dis- tricts as provided in section 2 of this act, a certificate shall be filed with the Comptroller of the Currency showing the geographical limits of such districts and the federal reserve city designated in each of such districts. Application Blank. — The Comptroller of the Currency shall there- upon cause to be forwarded to each national bank located in each dis- trict, and to such other banks declared to be eligible by the organiza- tion committee which may apply therefor, an application blank in form to be approved by the organization committee^ which blank shall contain a resolution to be adopted by the board of directors of each bank executing such application, authorizing a subscription to the capital stock of the federal reserve bank organizing in that district in accordance with the provisions of this act. Organization Certificate. — When the minimum amount of capital stock prescribed by this act for the organization of any federal reserve bank shall have been subscribed and allotted, the organization com- mittee shall designate any five banks of those whose applications have been received, to execute a certificate of organization, and thereupon the banks so designated shall, under their seals, make an organiza- tion certificate which shall specifically state the name of such federal reserve bank, the territorial extent of the district over which the operations of such federal reserve bank are to be carried on, the city and State in which said bank is to be located, the amount of capital stock and the number of shares into which the same is divided, the name and place of doing business of each bank executing such certifi- cate, and of all banks which have subscribed to the capital stock of such federal reserve bank and the number of shares subscribed by each, and the fact that the certificate is made to enable those banks executing same, and all banks which have subscribed or may thereafter subscribe to the capital stock of such federal reserve bank, to avail themselves of the advantages of this act. Organization Certificate shall be Acknowledged, Authenticated and Filed. — The said organization certificate shall be acknowledged before a judge of some court of record or notary public; and shall be, together with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to the Comptroller of the Currency, who shall file, record and carefully preserve the same in his office. Powers. — Upon the filing of such certificate with the Comptroller of the Currency as aforesaid, the said federal reserve bank shall become FEDERAL RESERVE ACT. 339 a body corporate and as such, and in the name designated in such organization certificate, shall have power — Seal. — First. To adopt and use a corporate seal. Succession. — Second. To have succession for a period of twenty years from its organization unless it is sooner dissolved by an act of Congress, or unless its franchise becomes forfeited by some violation of law. Contracts. — Third. To make contracts. Suits. — Fourth. To sue and be sued, complain and defend, in any court of law or equity. Officers and Employees. — Fifth. To appoint by its board of direct- ors, such officers and employees as are not otherwise provided for in this act, to define their duties, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. By-Laws. — Sixth. To prescribe by its board of directors, by-laws not inconsistent with law, regulating the manner in which its general business may be conducted, and the privileges granted to it by law may be exercised and enjoyed. Incidental Powers. — Seventh. To exercise by its board of directors, or duly authorized officers or agents, all powers specifically granted by the provisions of this act and such incidental powers as shall be neces- sary to carry on the business of banking within the limitations pre- scribed by this act. Circulating Notes. — Eighth. Upon deposit with the Treasurer of the United States of any bonds of the United States in the manner pro- vided by existing law relating to national banks, to receive from the Comptroller of the Currency circulating notes in blank, registered and countersigned as provided by law, equal in amount to the par value of the bonds so deposited, such notes to be issued under the same con- ditions and provisions of law as relate to the issue of circulating notes of national banks secured by bonds of the United States bearing the circulating privilege, except that the issue of such notes shall not be limited to the capital stock of such federal reserve bank. No Bank shall Transact Business Until Authorized. — But no federal reserve bank shall transact any business except such as is incidental and necessarily preliminary to its organization until it has been author- ized by the Comptroller of the Currency to commence business under the provisions of this act. Board of Directors. — ^Every federal reserve bank shall be conducted under the supervision and control of a board of directors. Duties. — The board of directors shall perform the duties usually ap- pertaining to the office of directors of banking associations and all such duties as are prescribed by law. Discrimination. — Said board shall administer the affairs of said bank fairly and impartially and without discrimination in favor of or against any member bank or banks and shall, subject to the provisions of law and the orders of the Federal Reserve Board, extend to each 3-40 hillyer's legal manual. member bank such discounts, advancements and accommodations as may be safely and reasonably made with due regard for the claims and demands of other member banks. Members.- — Such board of directors shall be selected as hereinafter specified and shall consist of nine members, holding office for three years, and divided into three classes, designated as classes A, B, and C. Class A. — Class A shall consist of three members, who shall be chosen by and be representative of the stockholding banks. Class B. — Class B shall consist of three members, who at the time of their election shall be actively engaged in their district in commerce, agriculture or some other industrial pursuit. Class C. — Class C shall consist of three members who shall be desig- nated by the Federal Reserve Board. When the necessary subscrip- tions to the capital stock have been obtained for the organization of any federal reserve bank, the Federal Reserve Board shall appoint the class C directors and shall designate one of such directors as chairman of the board to be selected. Pending the designation of such chair- man, the organization committee shall exercise the powers and duties appertaining to the office of chairman in the organization of such federal reserve bank. No Senator or Representative shall be Member, Officer or Director.— No Senator or Representative in Congress shall be a member of the Federal Reserve Board or an officer or a director of a federal reserve bank. Directors of Class B. — No director of class B shall be an officer, director, or employee of any bank. Directors of Class C, — No director of class C shall be an officer, director, employee, or stockholder of any bank. Directors of Class A and Class B, How Chosen. — Directors of class A and class B shall be chosen in the following manner: Member Banks, Groups or Divisions. — The chairman of the board of directors of the federal reserve bank of the district in which the bank is situated or, pending the appointment of such chairman, the organization committee shall classify the member banks of the district into three general groups or divisions. Each group shall contain as nearly as may be one-third of the aggregate number of the member banks of the district and shall consist, as nearly as may be, of banks of similar capitalization. The groups shall be designated by number by the chairman. District Reserve Elector. — At a regularly called meeting of the board of directors of each member bank in the district it shall elect by ballot a district reserve elector and shall certify his name to the chairman of the board of directors of the federal reserve bank of the district. The chairman shall make lists of the district reserve electors thus named by banks in each of the aforesaid three groups and shall trans- mit one list to each elector in each group. Candidates for Director. — Each member bank shall be permitted to nominate to the chairman one candidate for director of class A and one FEDERAL RESERVE ACT. 341 candidate for director of class B. The candidates so nominated shall be listed by the chairman, indicating by whom nominated, and a copy of said list shall, within fifteen days after its completion, be furnished by the chairman to each elector. Preferential Ballot. — ^Every elector shall, within fifteen days after the receipt of the said list, certify to the chairman his first, second, and other choices of a director of class A and class B, respectively, upon a preferential ballot, on a form furnished by the chairman of the board of directors of the federal reserve bank of the district. Each elector shall make a cross opposite the name of the first, second, and other choices for a director of class A and for a director of class B, but shall not vote more than one choice for any one candidate. Election. — ^Any candidate having a majority of all votes cast in the column of first choice shall be declared elected. If no candidate have a majority of all the votes in the first column, then there shall be added together the votes cast by the electors for such candidates in the second column and the votes cast for the several candidates in the first column. If any candidate then have a majority of the electors voting, by adding together the first and second choices, he shall be declared elected. If no candidate have a majority of electors voting when the first and second choices shall have been added, then the votes cast in the third column for other choices shall be added together in like manner, and the candidate then having the highest number of votes shall be declared elected. An immediate report of election shall be declared. Class C Directors — "Federal Reserve Agent." — Class directors shall be appointed by the Federal Reserve Board. They shall have been for at least two years residents of the district for which they are appointed, one of whom shall be designated by said board as chairman of the board of directors of the federal reserve bank and as ''federal reserve agent." He shall be a person of tested banking experience; and in addition to his duties as chairman of the board of directors of the federal reserve bank he shall be required to maintain under regula- tions to be established by the Federal Reserve Board a local office of said board on the premises of the federal reserve bank. He shall make regular reports to the Federal Reserve Board, and shall act as its official representative for the performance of the functions conferred upon it by this act. He shall receive an annual compensation to be fixed by the Federal Reserve Board and paid monthly by the federal reserve bank to which he is designated. One of the directors of class C, who shall be a person of tested banking experience, shall be ap- pointed by the Federal Reserve Board as deputy chairman and deputy federal reserve agent to exercise the powers of the chairman of the board and federal reserve agent in case of absence or disability of his principal. Directors' Allowance. — Directors of federal reserve banks shall re- ceive, in addition to any compensation otherwise provided, a reason- able allowance for necessary expenses in attending meetings of their respective boards, which amount shall be paid by the respective federal 342 HILLYER^S LEGAL MANUAL. reserve banks. Any compensation that may be provided by boards of directors of federal reserve banks for directors, officers or employees shall be subject to the approval of the Federal Reserve Board. Committee may Call Meetings of Bank Directors. — The Reserve Bank Organization Committee may, in organizing federal reserve banks, call such meetings of bank directors in the several districts as may be necessary to carry out the purposes of this act, and may exercise the functions herein conferred upon the chairman of the board of directors of each federal reserve bank pending the complete organization of such bank. Term of Office. — At the first meeting of the full board of directors of each federal reserve bank, it shall be the duty of the directors of classes A, B and C, respectively, to designate one of the members of each class whose term of office shall expire in one year from the first of January nearest to date of such meeting, one whose term of office shall expire at the end of two years from said date, and one whose term of office shall expire at the end of three years from said date. Thereafter every director of a federal reserve bank chosen as herein- before provided shall hold office for a term of three years. Vacancies. — Vacancies that may occur in the several classes of directors of federal reserve banks may be filled in the manner provided for the original selection of such directors, such appointees to hold office for the unexpired terms of their predecessors. STOCK ISSUES— INCREASE AND DECREASE OF CAPITAL. § 5. Capital Stock. — The capital stock of each federal reserve bank shall be divided into shares of $100 each. Increase. — The outstanding capital stock shall be increased from time to time as member banks increase their capital stock and surplus or as additional banks become members, and may be decreased as mem- ber banks reduce their capital stock or surplus or cease to be members. Shares of Member Banks. — Shares of the capital stock of federal reserve banks owned by member banks shall not be transferred or hypothecated. When a member bank increases its capital stock or sur- plus, it shall thereupon subscribe for an additional amount of capital stock of the federal reserve bank of its district equal to six per centum of the said increase, one-half of said subscription to be paid in the manner hereinbefore provided for original subscription, and one-half subject to call of the Federal Reserve Board. A bank applying for stock in a federal reserve bank at any time after the organization thereof must subscribe for an amount of the capital stock of the federal reserve bank equal to six per centum of the paid-up capital stock and surplus of said applicant bank, paying therefor its par value plus one- half of one per centum a month from the period of the last dividend. When Capital Stock Increased. — When the capital stock of any federal reserve bank shall have been increased either on account of the increase of capital stock of member banks or on account of the increase in the number of member banks, the board of directors shall FEDERAL RESERVE ACT. 343 cause to be executed a certificate to the Comptroller of the Currency showing the increase in capital stock, the amount paid in, and by whom paid. When Capital Stock Reduced. — When a member bank reduces its capital stock it shall surrender a proportionate amount of its holdings in the capital of said federal reserve bank, and when a member bank voluntarily liquidates it shall surrender all of its holdings of the capital stock of said federal reserve bank and be released from its stock sub- scription not previously called. Cancellation of Shades. — In either case the shares surrendered shall be canceled and the member bank shall receive in payment therefor, under regulations to be prescribed by the Federal Reserve Board, a sum equal to its cash-paid subscriptions on the shares surrendered and one-half of one per centum a month frotu the period of the last div- idend, not to exceed the book value thereof, less any liability of such member bank to the federal reserve bank. § 6. If Member Bank Insolvent. — If any meftiber bank shall be declared insolvent and a receiver appointed therefor, the stock held by it in said federal reserve bank shall be canceled, without impairment of its liability, and all cash-paid subscriptions on said stock, with one- half of one per centum per month from the period of last dividend, not to exceed the book value thereof, shall be first applied to all debts of the insolvent member bank of the federal reserve bank, and the balance, if any, shall be paid to the receiver of the insolvent bank. Certificate Showing Reduction. — Whenever the capital stock of a federal reserve bank is reduced, either on account of a reduction in capital stock of any member bank or of the liquidation or insolvency of such bank, the board of directors shall cause to be executed a cer- tificate to the Comptroller of the Currency showing such reduction of capital stock and the amount repaid to such bank. DIVISION OF EARNINGS. § 7. Annual Dividend. — After all necessary expenses of a federal reserve bank have been paid or provided for, the stockholders shall be entitled to receive an annual dividend of six per centum on the paid-in capital stock, which dividend shall be cumulative. Franchise Tax. — After the aforesaid dividend claims have been fully met, all the net earnings shall be paid to the United States as a fran- chise tax, except that one-half of such net earnings shall be paid into a surplus fund until it shall amount to forty per centum of the paid-in capital stock of such bank. Net Earnings Derived by the United States. — The net earnings derived by the United States from federal reserve banks shall, in the discretion of the Secretary, be used to supplement the gold reserve held against outstanding United States notes, or shall be applied to the reduction of the outstanding bonded indebtedness of the United States under regulations to be prescribed by the Secretary of the Treasury. 344 hillyer's legal manual. Should a federal reserve bank be dissolved or go into liquidation, any surplus remaining, after the payment of all debts, dividend require- ments as hereinbefore provided, and the par value of the stock, shall be paid to and become the property of the United States and shall be similarly applied. Exemption from Taxation. — Federal reserve banks, including the capital stock and surplus therein, and the income derived therefrom shall be exempt from federal, State, and local taxation, except taxes upon real estate. § 8. Conversion of State Banks.— Section 5154, United States Re- vised Statutes, is hereby amended to read as follows: Any bank incorporated by special law of any State or of the United States or organized under tlie general laws of any State or of the United States and having an unimpaired capital sufficient to entitle it to become a national banking association under the provisions of the existing laws may, by the vote of the shareholders owning not less than fifty-one per centum of the capital stock of such bank or banking association, with the approval of the Comptroller of the Currency be converted into a national banking association, with any name approved by the Comptroller of the Currency : Provided, however, That said con- version shall not be in contravention of the State law. In such case the articles of association and organization certificate may be executed by a majority of the directors of the bank or banking institution, and the certificate shall declare that the owners of fifty-one per centum of the capital stock have authorized the directors to make such certificate and to change or convert the bank or banking institution into a national association. A majority of the directors, after executing the articles of association and the organization certificate, shall have power to execute all other papers and to do whatever may be required to make its organization perfect and complete as a national association. The shares of any such bank may continue to be for the same amount each as they were before the conversion, and the directors may con- tinue to be directors of the association until others are elected or ap- pointed in accordance with the provisions of the statutes of the United States. When the Comptroller has given to such bank or banking association a certificate that the provisions of this act have been com- plied with, such bank or banking association, and all its stockholders, officers, and employees, shall have the same powers and privileges, and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed by the Federal Reserve Act and by the national banking act for associations originally organized as national banking associations. STATE BANKS AS MEMBERS. § 9. State Bank may Subscribe to Stock of Federal Reserve Bank. Any bank incorporated by special law of any State, or organized under the general laws of any State or of the United States, may make appli- cation to the reserve bank organization committee, pending organiza- FEDERAL RESERVE ACT. 345 tion, and thereafter to the Federal Reserve Board for the right to sub- scribe to the stock of the federal reserve bank organized or to be organized within the federal reserve district where the applicant is located. The organization committee or the Federal Reserve Board, under such rules and regulations as it may prescribe, subject to the provisions of this section, may permit the applying bank to become a stockholder in the federal reserve bank of the district in which the applying bank is located. Whenever the organization committee or the Federal Reserve Board shall permit the applying bank to become a stockholder in the federal reserve bank of the district, stock shall be issued and paid for under the rules and regulations in this act pro- vided for national banks which become stockholders in federal reserve banks. By-laws for Government of Applications by State Banks. — The organ- ization committee or the Federal Reserve Board shall establish by-laws for the general government of its conduct in acting upon applications made by the State banks and banking associations and trust companies for stock ownership in federal reserve banks. Such by-laws shall require applying banks not organized under federal law to comply with the reserve and capital requirements and to submit to the ex- amination and regulations prescribed by the organization committee or by the Federal Reserve Board. Capital of Applying Bank. — No applying bank shall be admitted to membership in a federal reserve bank unless it possesses a paid-up unimpaired capital sufficient to entitle it to become a national banking association in the place where it is situated, under the provisions of the national banking act. Prohibitions, Rules and Regulations. — Any bank becoming a mem- ber of a federal reserve bank under the provisions of this section shall, in addition to the regulations and restrictions hereinbefore provided, be required to conform to the provisions of law imposed on the na- tional banks respecting the limitation of liability which may be in- curred by any person, firm, or corporation to such banks, the prohibi- tion against making purchase of or loans on stock of such banks, and the withdrawal or impairment of capital, or the payment of unearned dividends, and to such rules and regulations as the Federal Reserve Board may, in pursuance thereof, prescribe. Officers, Agents, and Employees. — Such banks, and the officers, agents, and employees thereof, shall also be subject to the provisions of and to the penalties prescribed by sections 5198, 5200, 5201, 5208, and 5209, of the Revised Statutes. Reports. — The member banks shall also be required to make reports of the conditions and of the payments of dividends to the comptroller, as provided in sections 5211 and 5212, of the Revised Statutes, and shall be subject to the penalties prescribed by section 5213 for the failure to make such report. Suspension for Noncompliance. — If at any time it shall appear to the Federal Reserve Board that a member bank has failed to comply 346 with the provisions of this section or the regulations of the Federal Reserve Board, it shall be within the power of the said board, after hearing, to require such bank to surrender its stock in the federal reserve bank ; upon such surrender the federal reserve bank shall pay the cash-paid subscriptions to the said stock with interest at the rate of one-half of one per centum per month, computed from the last dividend, if earned, not to exceed the book value thereof, less any liability to said federal reserve bank, except the subscription liability not previously called, which shall be canceled, and said federal reserve bank shall, upon notice from the Federal Reserve Board, be required to suspend said bank from further privileges of membership, and shall within thirty days of such notice cancel and retire its stock and make payment therefor in the manner herein provided. The Federal Reserve Board may restore membership upon due proof of compliance with the conditions imposed by this section. FEDERAL RESERVE BOARD. § 10. Federal Reserve Board Members. — ^A Federal Reserve Board is hereby created which shall consist of seven members, including the Secretary of the Treasury and the Comptroller of the Currency, who shall be members ex officio, and five members appointed by the Presi- dent of the United States, by and with the advice and consent of the Senate. Five Appointive Members. — In selecting the five appointive mem- bers of the Federal Reserve Board, not more than one of whom shall be selected from any one federal reserve district, the President shall have due regard to a fair representation of the different commercial, industrial and geographical divisions of the country. The five mem- bers of the Federal Reserve Board appointed by the President and confirmed as aforesaid shall devote their entire time to the business of the Federal Reserve Board and shall each receive an annual salary of $12,000, payable monthly together with actual necessary traveling expenses, and the Comptroller of the Currency, as ex-officio member of the Federal Reserve Board, shall, in addition to the salary now paid him as Comptroller of the Currency, receive the sum of $7,000 annually for his services as a member of said board. Members Ineligible to Office in Member Bank. — The members of said board, the Secretary of the Treasury, the Assistant Secretaries of the Treasury, and the Comptroller of the Currency shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank. Qualifications. — Of the five members thus appointed by the President at least two shall be persons experienced in banking or finance. One shall be designated by the President to serve for two, one for four, one for six, one for eight, and one for ten years, and thereafter each member so appointed shall serve for a term of ten years unless sooner removed for cause by the President. Governor and Vice-Govemor. — Of the five persons thus appointed, one shall be designated by the President as governor and one as vice- FEDERAL RESERVE ACT. 347 governor of the Federal Reserve Board. The governor of the Federal Reserve Board, subject to its supervision, shall be the active executive officer. Offices. — The Secretary of the Treasury may assign offices in the Department of the Treasury for the use of the Federal Reserve Board. Oath of Office. — Each member of the Federal Reserve Board shall within fifteen days after notice of appointment make and subscribe to the oath of office. Assessment. — The Federal Reserve Board shall have power to levy semi-annually upon the federal reserve banks, in proportion to their capital stock and surplus, an assessment sufficient to pay its estimated expenses and the salaries of its members and employees for the half year succeeding the levying of such assessment, together with any deficit carried forward from the preceding half year. First Meeting of Reserve Board. — The first meeting of the Federal Reserve Board shall be held in Washington, District of Columbia, as soon as may be after the passage of this act, at a date to be fixed by the Reserve Bank Organization Committee. - Chairman. — The Secretary of the Treasury shall be ex-officio chair- man of the Federal Reserve Board. No Member to be Officer or Director of Bank. — No member of the Federal Reserve Board shall be an officer or director of any bank, banking institution, trust company, or federal reserve bank nor hold stock in any bank, banking institution, or trust company; and before entering upon his duties as a member of the Federal Reserve Board he shall certify under oath to the Secretary of the Treasury that he has complied with this requirement. Vacancies. — Whenever a vacancy shall occur, other than by expira- tion of term, among the five members of the Federal Reserve Board appointed by the President, as above provided, a successor shall be appointed by the President, with the advice and consent of the Sen- ate, to fill such vacancy, and when appointed he shall hold office for the unexpired term of the member whose place he is selected to fill. The President shall have power to fill all vacancies that may hap- pen on the Federal Reserve Board during the recess of the Senate, by granting commissions which shall expire thirty days after the next session of the Senate convenes. Powers Vested in Secretary of the Treasury. — Nothing in this act contained shall be construed as taking away any powers heretofore vested by law in the Secretary of the Treasury which relate to the su- pervision, management, and control of the Treasury Department and bureaus under such department, and wherever any power vested by this act in the Federal Reserve Board or the federal reserve agent appears to conflict with the powers of the Secretary of the Treasury, such powers shall be exercised subject to the supervision and control of the Secretary. Annual Report. — The Federal Reserve Board shall annually make a full report of its operations to the Speaker of the House of Repre- 348 hillyer's legal manual. sentatives, who shall cause the same to be printed for the information of the Congress. Section 324 of the Revised Statutes of the United States shall be amended so as to read as follows: ''There shall be in the Department of the Treasury a bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of national currency secured by United States bonds and, under the general su- pervision of the Federal Reserve Board, of all federal reserve notes, the chief officer of which bureau shall be called the Comptroller of the Currency and shall perform his duties under the general direc- tions of the Secretary of the Treasury. § 11. Powers. — The Federal Reserve Board shall be authorized and empowered : (a) Examinations. — To examine at its discretion the accounts, books and affairs of each federal reserve bank and of each member bank and to require such statements and reports as it may deem necessary. Weekly Statements. — The said board shalL publish once each week a statement showing the condition of each federal reserve bank and a consolidated statement for all federal reserve banks. Such state- ments shall show in detail the assets and liabilities of the federal reserve banks, single and combined, and shall furnish full informa- tion regarding the character of the money held as reserve and the amount, nature and maturities of the paper and other investments owned or held by federal reserve banks. (b) Rediscount. — To permit, or, on the affirmative vote of at least five members of the reserve board to require federal reserve banks to rediscount the discounted paper of other federal reserve banks at rates of interest to be fixed by the Federal Reserve Board. (c) Suspension of Reserve Requirements. — To suspend for a period not exceeding thirty days, and from time to time to renew such sus- pension for periods not exceeding fifteen days, any reserve require- ment specified in this act: Provided, That it shall establish a grad- uated tax upon the amounts by which the reserve requirements of this act may be permitted to fall below the level hereinafter specified : Graduated Tax. — And provided further, That when the gold reserve held against federal reserve notes falls below forty per centum, the Federal Reserve Board shall establish a graduated tax of not more than one per centum per annum upon such deficiency until the re- serves fall to thirty-two and one-half per centum, and when said reserve falls below thirty-two and one-half per centum, a tax at the rate increasingly of not less than one and one-half per centum per annum upon each two and one-half per centum or fraction thereof that such reserve falls below thirty-two and one-half per centum. The tax shall be paid by the reserve bank, but the reserve bank shall add an amount equal to said tax to the rates of interest and discount fixed by the Federal Reserve Board. (d) Issue and Retirement of Federal Reserve Notes. — To supervise and regulate through the bureau under the charge of the Comptroller FEDERAL RESERVE ACT. 349 of the Currency the issue and retirement of federal reserve notes, and to prescribe rules and regulations under which such notes may be delivered by the comptroller to the federal reserve agents applying therefor. (e) Reserve and Central Reserve Cities. — ^To add to the number of cities classified as reserve and central reserve cities under existing law in which national banking associations are subject to the reserve requirements set forth in section 20 of this act ; or to reclassify exist- ing reserve and central reserve cities or to terminate their designation as such. (f) Suspension of Officer or Director of Federal Reserve Bank. — To suspend or remove any officer or director of any federal reserve bank, the cause of such removal to be forthwith communicated in writing by the Federal Reserve Board to the removed officer or direc- tor and to said bank. (g) Doubtful or Worthless Assets. — To require the writing off of doubtful or worthless assets upon the books and balance sheets of federal reserve banks. (h) Suspension of Federal Reserve Bank. — To suspend, for the vio- lation of any of the provisions of this act, the operations of any federal reserve bank, to take possession thereof, administer the same during the period of suspension, and, when deemed advisable, to liquidate or reorganize such bank. (i) Safeguarding of Collateral, Bonds, Federal Reserve Notes. — To require bonds of federal reserve agents, to make regulations for the safeguarding of all collateral, bonds, federal reserve notes, monej^ or property of any kind deposited in the hands of such agents, and said board shall perform the duties, functions, or services specified in this act, and make all rules and regulations necessary to enable said board effectively to perform the same. (j) General Supervision. — To exercise general supervision over said federal reserve banks. (k) Permit to Act as Trustee, Executor, Administrator. — To grant by special permit to national banks applying therefor, when not in contravention of State or local law, the right to act as trustee, execu- tor, administrator, or registrar of stocks and bonds under such rules and regulations as the said board may prescribe. (1) Attorneys, Experts, Assistants, Clerks. — To employ such attor- neys, experts, assistants, clerks, or other employees as may be deemed necessary to conduct the business of the board. Salaries and Fees. — All salaries and fees shall be fixed in advance by said board and shall be paid in the same manner as the salaries of the members of said board. All such attorneys, experts, assistants, clerks, and other employees shall be appointed without regard to the provisions of the act of January 16, 1883 (volume 22, United States Statutes at Large, page 403), and amendments thereto, or any rule or regulation made in pursuance thereof: Provided, That nothing 350 hillyer's legal manual. herein shall prevent the President from placing said employees in the classified service. FEDERAL ADVISORY COUNCIL. § 12. Members. — There is hereby created a Federal Advisory Council, which shall consist of as many members as there are federal reserve districts. Each federal reserve bank by its board of directors shall annually select from its own federal reserve district one mem- ber of said council, who shall receive such compensation and allow- ances as may be fixed by his board of directors subject to the approval of the Federal Reserve Board. Meetings. — The meetings of said advisory council shall be held at Washington, District of Columbia, at least four times each year, and oftener if called by the Federal Reserve Board. The council may in addition to the meetings above provided for hold such other meet- ings in Washington, District of Columbia, or elsewhere, as it may deem necessary, may select its own officers and adopt its own methods of procedure, and a majority of its members shall constitute a quorum for the transaction of business. Vacancies. — Vacancies in the council shall be filled by the respective reserve banks, and members selected to fill vacancies, shall serve for the unexpired term. Power. — The Federal Advisory Council shall have power, by itself or through its officers, (1) to confer directly with the Federal Reserve Board on general business conditions; (2) to make oral or written representations concerning matters within the jurisdiction of said board; (3) to call for information and to make recommendations in regard to discount rates, rediscount business, note issues, reserve con- ditions in the various districts, the purchase and sale of gold or securities by reserve banks, open-market operations by said banks, and the general affairs of the reserve banking system. POWERS OF FEDERAL RESERVE BANKS. § 13. Deposits. — Any federal reserve bank may receive from any of its member banks, and from the United States, deposits of current funds in lawful money, national bank notes, federal reserve notes, or checks and drafts upon solvent member banks, payable upon present- ation ; or, solely for exchange purposes, may receive from other federal reserve banks deposits of current funds in lawful money, national bank notes, or checks and drafts upon solvent member or other federal reserve banks, payable upon presentation. Discount. — ^Upon the indorsement of any of its member banks, w4th a waiver of demand, notice and protest by such bank, any federal reserve bank may discount notes, drafts, and bills of exchange aris- ing out of actual commercial transactions; that is, notes, drafts, and bills of exchange issued or drawn for agricultural, industrial, or com- mercial purposes, or the proceeds of which have been used, or are FEDERAL RESERVE ACT. 351 to be used, for such purposes, the Federal Reserve Board to have the right to determine or define the character of the paper thus eligible for discount, within the meaning of this act. Nothing in this act contained shall be construed to prohibit such notes, drafts, and bills of exchange, secured by staple agricultural products, or other goods, wares, or merchandise from being eligible for such discount; but such definition shall not include notes, drafts, or bills covering merely investments or issued or drawn for the purpose of carrying or trading in stocks, bonds, or other investment securities, except bonds and notes of the Government of the United States. Maturity. — Notes, drafts, and bills admitted to discount under the terms of this paragraph must have a maturity at the time of discount of not more than ninety days: Provided, That notes, drafts, and bills drawn or issued for agricultural purposes or based on livestock and having a maturity not exceeding six months may be discounted in an amount to be limited to a percentage of the capital of the federal reserve bank, to be ascertained and fixed by the Federal Reserve Board. Acceptances. — Any federal reserve bank may discount acceptances which are based on the importation or exportation of goods and which have a maturity at time of discount of not more than three months, and indorsed by at least one member bank. The amount of accept- ances so discounted shall at no time exceed one-half the paid-up capital stock and surplus of the bank for which the rediscounts are made. Restriction.— The aggregate of such notes and bills bearing the signature or indorsement of any one person, company, firm, or cor- poration rediscounted for any one bank shall at no time exceed ten per centum of the unimpaired capital and surplus of said bank; but this restriction shall not apply to the discount of bills of exchange drawn in good faith against actually existing values. Any member bank may accept drafts or bills of exchange drawn upon it and growing out of transactions involving the importation or exportation of goods having not more than six months sight to run • but no bank shall accept such bills to an amount equal at an.y time in the aggregate to more than one-half its paid-up capital stock and surplus. Limit of Indebtedness.— Section 5202 of the Revised Statutes of the United States is hereby amended so as to read as follows : No national banking association shall at any time be indebted, or in any way liable, to an amount exceeding the amount of its capital stock at such time actually paid in and remaining undiminished by losses or other- wise, except on account of demands of the nature following: First. Notes of circulation. Second. Moneys deposited with or collected by the association. Third. Bills of exchange or drafts drawn against money actually on deposit to the credit of the association, or due thereto. Fourth. Liabilities to the stockholders of the association for divi- dends and reserve profits. 352 hillyer's legal manual. Fifth. Liabilities incurred under the provisions of the Federal Re- serve Act. Rediscount Subject to Restrictions. — The rediscount by any federal reserve bank of any bills receivable and of domestic and foreign bills of exchange, and of acceptances authorized by this act, shall be subject to such restrictions, limitations, and regulations as may be imposed by the Federal Reserve Board. OPEN-MARKET OPERATIONS. § 14. Cable Transfers, Bankers' Acceptances and Bills of Ex- change. — Any federal reserve bank may, under rules and regulations prescribed by the Federal Reserve Board, purchase and sell in the open market, at home or abroad, either from or to domestic or foreign banks, firms, corporations, or individuals, cable transfers and bankers' acceptances and bills of exchange of the kinds and maturities by this act made eligible for rediscount, with or without the indorsement of a member bank. Powers. — Every federal reserve bank shall have power : (a) To deal in gold coin and bullion at home or abroad, to make loans thereon, exchange federal reserve notes for gold, gold coin, or gold certificates, and to contract for loans of gold coin or bullion, giv- ing therefor, when necessary, acceptable security, including the hy- pothecation of United States bonds or other securities which federal reserve banks are authorized to hold; (b) To buy and sell, at home or abroad, bonds and notes of the United States, and bills, notes, revenue bonds, and warrants with a maturity from date of purchase of not exceeding six months, issued in anticipation of the collection of taxes or in anticipation of the receipt of assured revenues by any State, county, district, political subdivision, or municipality in the continental United States, includ- ing irrigation, drainage and reclamation districts, such purchases to be made in accordance with rules and regulations prescribed by the Federal Reserve Board; (c) To purchase from member banks and to sell, with or without its indorsement, bills of exchange arising out of commercial transactions, as hereinbefore defined; (d) To establish from time to time, subject to review and deter- mination of the Federal Reserve Board, rates of discount to be charged by the federal reserve bank for each class of paper, which shall be fixed with a view of accommodating commerce and business ; (e) To establish accounts with other federal reserve banks for ex- change purposes and, with the consent of the Federal Reserve Board, to open and maintain banking accounts in foreign countries, appoint correspondents, and establish agencies in such countries wheresoever it may deem best for the purpose of purchasing, selling, and collecting bills of exchange, and to buy and sell with or without its indorsement, through such correspondents or agencies, bills of exchange arising out of actual commercial transactions which have not more than ninety FEDERAL RESERVE ACT. 353 days to run and which bear the signature of two or more responsible parties. GOVERNMENT DEPOSITS. § 15. General Fund of Treasury. — The moneys held in the general fund of the Treasury, except the five per centum fund for the redemp- tion of outstanding national bank notes and the funds provided in this act for the redemption of federal reserve notes may, upon the direction of the Secretary of the Treasury, be deposited in federal reserve banks, which banks, when required by the Secretary of the Treasury, shall act as fiscal agents of the United States ; and the revenues of the gov- ernment or any part thereof may be deposited in such banks, and dis- bursements may be made by checks drawn against such deposits. No Public Funds Deposited in Any Bank not Belonging to the Sys- tem. — No public funds of the Philippine Islands, or of the postal savings, or any government funds, shall be deposited in the continental United States in any bank not belonging to the system established by this act: Provided, however, That nothing in this act shall be con- strued to deny the right of the Secretary of the Treasury to use mem- ber banks as depositaries. NOTE ISSUES. § 16. Federal Reserve Notes. — Federal reserve notes, to be issued at the discretion of the Federal Reserve Board for the purpose of making advances to federal reserve banks through the federal reserve agents as hereinafter set forth and for no other purpose, are hereby authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in gold on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or in gold or lawful money at any federal reserve bank. Application. — Any federal reserve bank may make application to the local federal reserve agent for such amount of the federal reserve notes hereinbefore provided for as it may require. Collateral. — Such application shall be accompanied with a tender to the local federal reserve agent of collateral in amount equal to the sum of the federal reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall he notes and bills, accepted for rediscount under the provisions of section 13 of this act, and the federal reserve agent shall each day notify the Federal Reserve Board of all issues and withdrawals of federal reserve notes to and by the federal reserve bank to which he is accredited. The said Federal Reserve Board may at any time call upon a federal reserve bank for additional security to protect the federal reserve notes issued to it. Eeserves. — Every federal reserve bank shall maintain reserves in gold or lawful money of not less than thirty-five per centum against its deposits and reserves in gold of not less than forty per centum 23 354 HILLYER^S LEGAL MANUAL. against its federal reserve notes in actual circulation, and not offset by- gold or lawful money deposited with the federal reserve agent. Notes, How Paid Out and Returned. — Notes so paid out shall bear upon their faces a distinctive letter and serial number, which shall be assigned by the Federal Reserve Board to each federal reserve bank. Whenever federal reserve notes issued through one federal reserve bank shall be received by another federal reserve bank they shall be promptly returned for credit or redemption to the federal reserve bank through which they were originally issued. No federal reserve bank shall pay out notes issued through another under penalty of a tax of ten per centum upon the face value of notes so paid out. Notes Presented for Redemption at the Treasury. — Notes presented for redemption at the Treasury of the United States shall be paid out of the redemption fund and returned to the federal reserve banks through which they were originally issued, and thereupon such federal reserve bank shall, upon demand of the Secretary of the Treasury, reimburse such redemption fund in lawful money or, if such federal reserve notes have been redeemed by the Treasurer in gold or gold certificates, then such funds shall be reimbursed to the extent deemed necessary by the Secretary of the Treasur}^ in gold or gold certificates, and such federal reserve bank shall, so long as any of its federal reserve notes remain outstanding, maintain with the Treasurer in gold an amount sufficient in the judgment of the Secretary to provide for all redemptions to be made by the Treasurer. Federal reserve notes received by the Treasury, otherwise than for redemption, may be ex- changed for gold out of the redemption fund hereinafter provided and returned to the reserve bank through which they were originally issued, or they may be returned to such bank for the credit of the United States. Federal reserve notes unfit for circulation shall be returned by the federal reserve agents to the Comptroller of the Cur- rency for cancellation and destruction. Deposit in Treasury for Redemption of Federal Reserve Notes.— The Federal Reserve Board shall require each federal reserve bank to maintain on deposit in the Treasury of the United States a sum in gold sufficient in the judgment of the Secretary of the Treasury for the redemption of the federal reserve notes issued to such bank, but in no event less than five per centum; but such deposit of gold shall be counted and included as part of the forty per centum reserve here- inbefore required. Right to Grant or Reject Application. — The board shall have the right, acting through the federal reserve agent, to grant in whole or in part or to reject entirely the application of any federal reserve bank for federal reserve notes; but to the extent that such application may be granted the Federal Reserve Board shall, through its local federal reserve agent, supply federal reserve notes to the bank so applying, and such bank shall be charged with the amount of such notes and shall pay such rate of interest on said amount as may be established by the Federal Reserve Board, and the amount of such federal reserve FEDERAL RESERVE ACT. 355 notes so issued to any such bank shall, upon delivery, toi^'cther with such notes of such federal reserve bank as may be issued under section 18 of this act upon security of United States two per centum govern- ment bonds, become a first and paramount lien on all the assets of such bank. Federal Reserve Bank may Reduce Liability. — Any federal reserve bank may at any time reduce its liability for outstanding federal reserve notes by depositing, with the federal reserve agent, its federal reserve notes, gold, gold certificates, or lawful money of the United States. Federal reserve notes so deposited shall not be reissued, ex- cept upon compliance with the conditions of an original issue. Redemption of Notes. — The federal reserve agent shall hold such gold, gold certificates, or lawful money available exclusively for exchange for the outstanding federal reserve notes when offered by the reserve bank of which he is a director. Upon the request of the Secretary of the Treasury the Federal Reserve Board shall require the federal reserve agent to transmit so much of said gold to the Treasury of the United States as may be required for the exclusive purpose of the redemption of such notes. Federal Reserve Bank may Substitute Collateral. — Any federal re- serve bank may at its discretion withdraw collateral deposited with the local federal reserve agent for the protection of its federal reserve notes deposited with it and shall at the same time substitute therefor other like collateral of equal amount with the approval of the federal reserve agent under regulations to be prescribed by the Federal Reserve Board. Notes for Circulation — Form and Tenor. — In order to furnish suit- able notes for circulation as federal reserve notes, the Comptroller of the Currency shall, under the direction of the Secretary of the Treas- ury, cause plates and dies to be engraved in the best manner to guard against counterfeits and fraudulent alterations, and shall have printed therefrom and numbered such quantities of such notes of the denomina- tions of $5, $10, $20, $50, $100, as may be required to supply the federal reserve banks. Such notes shall be in form and tenor as directed by the Secretary of the Treasury under the provisions of this act and shall bear the distinctive numbers of the several federal reserve banks through which they are issued. Notes Held for Delivery. — When such notes have been prepared, they shall be deposited in the Treasury, or in the subtreasury or mint of the United States nearest the place of business of each federal reserve bank and shall be held for the use of such bank subject to the order of the Comptroller of the Currency for their delivery, as pro- vided by this act. Expenses Incidental to Issue and Retirement. — The plates and dies to be procured by the Comptroller of the Currency for the printing of such circulating notes shall remain under his control and direction, and the expenses necessarily incurred in executing the laws relating 356 to the procuring of such notes, and all other expenses incidental to their issue and retirement, shall be paid by the federal reserve banks, and the Federal Reserve Board shall include in its estimate of ex- penses levied against the federal reserve banks a sufficient amount to cover the expenses herein provided for. Examination of Plates, Dies, and so Forth. — The examination of plates, dies, bedpieces, and so forth, and regulations relating to such examination of plates, dies, and so forth, of national bank notes pro- vided for in section 5174 Revised Statutes, is hereby extended to include notes herein provided for. Appropriation. — Any appropriation heretofore made out of the gen- eral funds of the Treasury for engraving plates and dies, the purchase of distinctive paper, or to cover any other expense in connection with the printing of national bank notes or notes provided for by the act of May 30, 1908, and any distinctive paper that may be on hand at the time of the passage of this act may be used in the discretion of the Secretary for the purposes of this act, and should the appropriations heretofore made be insufficient to meet the requirements of this act in addition to circulating notes provided for by existing law, the Secre- tary is hereby authorized to use so much of any funds in the Treasury not otherwise appropriated for the purpose of furnishing the notes aforesaid: Provided, however, That nothing in this section contained shall be construed as exempting national banks or federal reserve banks from their liability to reimburse the United States for any ex- penses incurred in printing and issuing circulating notes. Deposit from Member Banks or Federal Reserve Banks. — Every federal reserve bank shall receive on deposit at par from member banks or from federal reserve banks checks and drafts drawn upon any of its depositors, and when remitted by a federal reserve bank, checks and drafts drawn by any depositor in any other federal reserve bank or member bank upon funds to the credit of said depositor in said reserve bank or member bank. Charges. — Nothing herein contained shall be construed as prohibit- ing a member bank from charging its actual expense incurred in col- lecting and remitting funds, or for exchange sold to its patrons. The Federal Reserve Board shall, by rule, fix the charges to be collected by the member banks from its patrons whose checks are cleared through the federal reserve bank and the charge which may be im- posed for the service of clearing or collection rendered by the federal reserve bank. Regulations Governing Transfer of Funds and Clearing-house. — The Federal Reserve Board shall make and promulgate from time to time regulations governing the transfer of funds and charges therefor among federal reserve banks and their branches, and may at its dis- cretion exercise the functions of a clearing-house for such federal reserve banks, or may designate a federal reserve bank to exercise such functions, and may also require each such bank to exercise the functions of a clearing-house for its member banks. FEDERAL RESERVE ACT. 357 § 17. Certain Laws Repealed. — So much of the provisions of sec- tion 5159 of the Revised Statutes of the United States, and section 4 of the act of June 20, 1874, and section 8 of the act of July 12, 1882, and of any other provisions of existing statutes as require that before any national banking associations shall be authorized to commence banking business it shall transfer and deliver to the Treasurer of the United States a stated amount of United States registered bonds is hereby repealed. REFUNDING BONDS. § 18. Application to Sell United States Bonds Securing Circulation. After two years from the passage of this act, and at any time during a period of twenty years thereafter, any member bank desiring to retire the whole or any part of its circulating notes, may file with the Treasurer of the United States an application to sell for its account, at par and accrued interest. United States bonds securing circulation to be retired. Quarterly List of Applications — Board may Require Reserve Banks to Purchase Bonds. — The Treasurer shall, at the end of each quarterly period, furnish the Federal Reserve Board with a list of such applica- tions, and the Federal Reserve Board may, in its discretion, require the federal reserve banks to purchase such bonds from the banks whose applications have been filed with the Treasurer at least ten days before the end of any quarterly period at which the Federal Reserve Board may direct the purchase to be made : Provided, That federal reserve banks shall not be permitted to purchase an amount to exceed $25,000,000 of such bonds in any one year, and which amount shall include bonds acquired under section four of this act by the federal reserve bank. Allotment. — Provided further. That the Federal Reserve Board shall allot to each federal reserve bank such proportion of such bonds as the capital and surplus of such bank shall bear to the aggregate capi- tal and surplus of all the federal reserve banks. Manner of Purchase. — ^Upon notice from the Treasurer of the amount of bonds so sold for its account, each member bank shall duly assign and transfer, in writing, such bonds to the federal reserve bank pur- chasing the same, and such federal reserve bank shall, thereupon, deposit lawful money with the Treasurer of the United States for the purchase price of such bonds, and the Treasurer shall pay to the mem- ber bank selling such bonds any balance due after deducting a suffi- cient sum to redeem its outstanding notes secured by such bonds, which notes shall be canceled and permanently retired when redeemed. Banks Purchasing Permitted to Take Out Notes. — The federal re- serve banks purchasing such bonds shall be permitted to take out an amount of circulating notes equal to the par value of such bonds. Bank to Receive Notes Equal to Par of Bonds Deposited. — Upon the deposit with the Treasurer of the United States of bonds so purchased", or any bonds with the circulating privilege acquired under 358 section four of this act, any federal reserve bank making such deposit in the manner provided by existing law, shall be entitled to receive from the Comptroller of the Currency circulating notes in blank, regis- tered and countersigned as provided by law, equal in amount to the par value of the bonds so deposited. Such notes shall be the obliga- tions of the federal reserve bank procuring the same, and shall be in form prescribed by the Secretary of the Treasury, and to the same tenor and effect as national bank notes now provided by law. They shall be issued and redeemed under the same terms and conditions as national bank notes except that they shall not be limited to the amount of the capital stock of the federal reserve bank issuing them. One Year Grold Notes ajid Thirty Year Three per Centum Gold Bonds. — Upon application of any federal reserve bank, approved by the Federal Reserve Board, the Secretary of the Treasury may issue, in exchange for United States two per centum gold bonds bearing the circulation privilege, but against which no circulation is outstanding, one year gold notes of the United States without the circulation privilege, to an amount not to exceed one-half of the two per centum bonds so tendered for exchange, and thirty year three per centum gold bonds without the circulation privilege for the remainder of the two per centum bonds so tendered: Provided, That at the time of such exchange the federal reserve bank obtaining such one year gold notes shall enter into an obligation with the Secretary of the Treasury bind- ing itself to purchase from the United States for gold at the maturity of such one year notes, an amount equal to those delivered in exchange for such bonds, if so requested by the Secretary, and at each maturity of one year notes so purchased by such federal reserve bank, to pur- chase from the United States such an amount of one year notes as the Secretary may tender to such bank, not to exceed the amount issued to such bank in the first instance, in exchange for the two per centum United States gold bonds; said obligation to purchase at maturity such notes shall continue in force for a period not to exceed thirty years. Treasury Notes^ — Form. — For the purpose of making the exchange herein provided for, the Secretary of the Treasury is authorized to issue at par Treasury notes in coupon or registered form as he may prescribe in denominations of $100, or any multiple thereof, bearing interest at the rate of three per centum per annum, payable quarterly, such Treasury notes to be payable not more than one year from the date of their issue in gold coin of the present standard value, and to be exempt as to principal and interest from the payment of all taxes and duties of the United States except as provided by this act, as w^ell as from taxes in any form by or under State, municipal, or local authorities. United States Bonds — Tenor and Effect. — And for the same purpose, the Secretary is authorized and empowered to issue United States gold bonds at par, bearing three per centum interest payable thirty years from date of issue, such bonds to be of the same general tenor and effect and to be issued under the same general terms and conditions as ' FEDERAL RESERVE ACT. 359 the United States three per centum bonds without the circulation privilege now issued and outstanding. Bonds in Exchange for One Year Gold Notes. — Upon application of any federal reserve bank, approved by the Federal Reserve Board, the Secretary may issue at par such three per centum bonds in exchange for the one year gold notes herein provided for. BANK RESERVES. § 19. Demand Deposits. — Demand deposits within the meaning of this act shall comprise all deposits payable Avithin thirty days, and time deposits shall comprise all deposits payable after thirty days, and all savings accounts and certificates of deposit which are subject to not less than thirty days' notice before payment. Reserves. — When the Secretary of the Treasury shall have officially announced, in such manner as he may elect, the establishment of a federal reserve bank in any district, every subscribing member bank shall establish and maintain reserves as follows : Bank not in a Reserve or Central Reserve City. — (a) A bank not in a reserve or central reserve city as now or hereafter defined shall hold and maintain reserves equal to twelve per centum of the aggregate amount of its demand deposits and five per centum of its time de- posits, as follows : In its vaults for a period of thirty-six months after said date five- twelfths thereof and permanently thereafter four-twelfths. In the federal reserve bank of its district, for a period of twelve months after said date, two-twelfths, and for each succeeding six months an additional one-twelfth, until five-twelfths have been so deposited, which shall be the amount permanently required. For a period of thirty-six months after said date the balance of the reserves may be held in its own vaults, or in the federal reserve bank, or in national banks in reserve or central reserve cities as now defined by law. After said thirty-six months' period said reserves, other than those hereinbefore required to be held in the vaults of the member bank and in the federal reserve bank, shall be held in the vaults of the member bank or in the federal reserve bank, or in both, at the option of the member bank. Bank in a Reserve City. — (b) A bank in a reserve city, as now or hereafter defined, shall hold and maintain reserves equal to fifteen per centum of the aggregate amount of its demand deposits and five per centum of its time deposits, as follows : In its vaults for a period of thirty-six months after said date six- fifteenths thereof, and permanently thereafter five-fifteenths. In the federal reserve bank of its district for a period of twelve months after the date aforesaid at least three-fifteenths, and for each succeeding six months an additional one-fifteenth, until six-fifteenths have been so deposited, which shall be the amount permanently required. 360 hillyer's legal manual. For a period of thirty-six months after said date the balance of the reserves may be held in its own vaults, or in the federal reserve bank, or in national banks in reserve or central reserve cities as now defined by law. After said thirty-six months' period all of said reserves, except those hereinbefore required to be held permanently in the vaults of the member bank and in the federal reserve bank, shall be held in its vaults or in the federal reserve bank, or in both, at the option of the member bank. Bank in a Central Reserve City. — (c) A bank in a central reserve city, as now or hereafter defined, shall hold and maintain a reserve equal to eighteen per centum of the aggregate amount of its demand deposits and five per centum of its time deposits, as follows : In its vaults six-eighteenths thereof. In the federal reserve bank seven-eighteenths. The balance of said reserves shall be held in its own vaults or in the federal reserve bank, at its option. Federal Reserve Bank may Receive as Reserves Eligible Paper. — Any federal reserve bank may receive from the member banks as reserves, not exceeding one-half of each installment, eligible paper as described in section 14 properly indorsed and acceptable to the said reserve bank. Reserve Deposits Kept in State Bank. — If a State bank or trust company is required hy the law of its State to keep its reserves either in its own vaults or with another State bank or trust company, such reserve deposits so kept in such State bank or trust company shall be construed, within the meaning of this section, as if they were reserve deposits in a national bank in a reserve or central reserve city for a period of three years after the Secretary of the Treasury shall have officially announced the establishment of a federal reserve bank in the district in which such State bank or trust company is situate. Deposit With Nonmember Bank. — Except as thus provided, no mem- ber bank shall keep on deposit with any nonmember bank a sum in excess of ten per centum of its own paid-up capital and surplus. No member bank shall act as the medium or agent of a nonmember bank in applying for or receiving discounts from a federal reserve bank under the provisions of this act except by permission of the Federal Reserve Board. Reserve may be Checked Against. — The reserve carried by a mem- ber bank with a federal reserve bank may, under the regulations and subject to such penalties as may be prescribed by the Federal Reserve Board, be checked against and withdrawn by such member bank for the purpose of meeting existing liabilities. No New Loans Until Reserve Restored. — Provided, however, That no bank shall at any time make new loans or shall pay any dividends unless and until the total reserve required by law is fully restored. Estimating Reserves. — In estimating the reserves required by this act, the net balance of amounts due to and from other banks shall be FEDERAL RESERVE ACT. 361 taken as the basis for ascertaining the deposits against which reserves shall be determined. Balances in reserve banks due to member banks shall, to the extent herein provided, be counted as reserves. Banks in Alaska or Outside Continental United States. — National banks located in Alaska or outside the continental United States may remain nonmember banks, and shall in that event maintain reserves and comply with all the conditions now provided by law regulating them; or said banks, except in the Philippine Islands, may, with the consent of the reserve board, become member banks of any one of the reserve districts, and shall, in that event, take stock, maintain reserves, and be subject to all the other provisions of this act. § 20. Act of June 20, 1874, Repealed in Part. — So much of sections 2 and 3 of the act of June 20, 1874, entitled ''An act fixing the amount of United States notes, providing for a redistribution of the national bank currency, and for other purposes," as provides that the fund deposited by any national banking association with the Treasurer of the United States for the redemption of its notes shall be counted as a part of its lawful reserve as provided in the act aforesaid, is hereby repealed. And from and after the passage of this act such fund of five per centum shall in no case be counted by any national banking association as a part of its lawful reserve. BANK EXAMINATIONS. § 21. Examiners. — Section 5240, United States Revised Statutes, is amended to read as follows : The Comptroller of the Currency, with the approval of the Secre- tary of the Treasury, shall appoint examiners who shall examine every member bank at least twice in each calendar year and oftener if con- sidered necessary. Examination by State Authorities. — Provided, however. That the Federal Reserve Board may authorize examination by the State au- thorities to be accepted in the case of State Banks and trust com- panies and may at any time direct the holding of a special examina- tion of State banks or trust companies that are stockholders in any federal reserve bank. Powers and Duties of Examiners. — The examiner making the ex- amination of any national bank, or of any other member bank, shall have power to make a thorough examination of all the affairs of the bank, and in doing so he shall have powder to administer oaths and to examine any of the officers and agents thereof under oath and shall make a full and detailed report of the cond-ition of said bank to the Comptroller of the Currency. Salaries of Bank Examiners. — The Federal Reserve Board, upon the recommendation of the Comptroller of the Currency, shall fix the salaries of all bank examiners and make report thereof to Congress. Expense of Examinations. — The expense of the examinations herein provided for shall be assessed by the Comptroller of the Currency upon 362 hillyer's legal manual. the banks examined in proportion to assets or resources held by the banks upon the dates of examination of the various banks. Special Examination. — In addition to the examinations made and conducted by the Comptroller of the Currency, every federal reserve bank may, with the approval of the federal reserve agent or the Federal Reserve Board, provide for special examination of member banks within its district. The expense of such examinations shall be borne by the bank examined. Such examinations shall be so con- ducted as to inform the federal reserve bank of the condition of its member banks and of the lines of credit which are being extended by them. Every federal reserve bank shall at all times furnish to the Federal Reserve Board such information as may be demanded con- cerning the condition of any member bank within the district of the said federal reserve bank. No Bank Subject to Visitatorial Powers. — No bank shall be subject to any visitatorial powers other than such as are authorized by law, or vested in the courts of justice or such as shall be or shall have been exercised or directed by Congress, or by either House thereof or by any committee of Congress or of either House duly authorized. Examination of Federal Reserve Bank. — The Federal Reserve Board shall, at least once each year, order an examination of each federal reserve bank, and upon joint application of ten member banks the Federal Reserve Board shall order a special examination and report of the condition of any federal reserve bank. § 22. Loan or Gratuity to Bank Examiner. — No member bank or any officer, director, or employee thereof shall hereafter make any loan or grant any gratuity to any bank examiner. Any bank officer, director, or employee violating this provision shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding one year or fined not more than $5,000, or both ; and may be fined a fur- ther sum equal to the money so loaned or gratuity given. Any ex- aminer accepting a loan or gratuity from any bank examined by him or from an officer, director, or employee thereof shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding one year or fined not more than $5,000, or both ; and may be fined a fur- ther sum equal to the money so loaned or gratuity given; and shall forever thereafter be disqualified from holding office as a national bank examiner. No Examiner shall Perform Other Service for Compensation. — No national bank examiner shall perform any other service for compensa- tion while holding such office for any bank or officer, -director, or em- ployee thereof. Fee, Commission, Gift, in Connection With Transaction of Bank. — Other than the usual salary or director's fee paid to any officer, direc- tor, or employee of a member bank and other than a reasonable fee paid by said bank to such officer, director, or employee for services rendered to such bank, no officer, director, employee, or attorney of FEDERAL RESERVE ACT. 363 a member bank shall be a beneficiary of or receive, directly or indi- rectly, any fee, commission, gift, or other consideration for or in connection v^^ith any transaction or business of the bank. No examiner, public or private, shall disclose the names of borrowers or the collateral for loans of a member bank to other than the proper officers of sucL bank without first having obtained the express per- mission in writing from the Comptroller of the Currency, or from the board of directors of such bank, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or of either House thereof, or any committee of Congress or of either House duly authorized. Any person violat- ing any provision of this section shall be punished by a fine of not exceeding $5,000 or by imprisonment not exceeding one year, or both. Except as provided in existing laws, this provision shall not take effect until sixty days after the passage of this act. § 23. Stockholders' Liability. — The stockholders of every national banking association shall be held individually responsible for all con- tracts, debts, and engagements of such association, each to the amount of his stock therein, at the par value thereof in addition to the amount invested in such stock. The stockholders in any national banking association who shall have transferred their shares or reg- istered the transfer thereof within sixty days next before the date of the failure of such association to meet its obligations, or with knowl- edge of such impending failure, shall be liable to the same extent ag if they had made no such transfer, to the extent that the subsequent transferee fails to meet such liability, but this provision shall not be construed to affect in any way any recourse which such shareholders might otherwise have against those in whose names such shares are registered at the time of such failure. LOANS ON FARM LANDS. § 24. Conditions. — Any national banking association not situated in a central reserve city may make loans secured by improved and unencumbered farm land, situated within its federal reserve district, but no such loan shall be made for a longer time than five years, nor for an amount exceeding fifty per centum of the actual value of the property offered as security. Any such bank may make such loans in an aggregate sum equal to twenty-five per centum of its capital and surplus or to one-third of its time deposits and such banks may continue hereafter as heretofore to receive time deposits and to pay interest on the same. Board may Add to List of Cities in Which Banks not Permitted to Make Farm Loans. — The Federal Reserve Board shall have power from time to time to add to the list of cities in which national banks shall riot be permitted to make loans secured upon real estate in the manner described in this section. § 25. Application to Establish Branches in Foreign Countries. — Any national banking association possessing a capital and surplus of 364 hillyer's legal manual. $1,000,000 or more may file application with the Federal Reserve Board, upon such conditions and under such regulations as may be prescribed by the said board, for the purpose of securing authority to establish branches in foreign countries or dependencies of the United States for the furtherance of the foreign commerce of the United States, and to act, if required to do so, as fiscal agents of the United States. Such application shall specify, in addition to the name and capital of the banking association filing it, the place or places where the banking operations proposed are to be carried on, and the amount^ of capital set aside for the conduct of its foreign busi- ness. The Federal Reserve Board shall have power to approve or to reject such application if, in its judgment, the amount of capital proposed to be set aside for the conduct of foreign business is in- adequate, or if for other reasons the granting of such application is deemed inexpedient. Information Concerning the Condition of Branches. — Every national banking association which shall receive authority to establish foreign branches shall be required at all times to furnish information con- cerning the condition of such branches to the Comptroller of the Cur- rency upon demand, and the Federal Reserve Board may order special examinations of the said foreign branches at such time or times as it may deem best. Accounts of Foreign Branch. — Every such national banking associa- tion shall conduct the accounts of each foreign branch independently of the accounts of other foreign branches established by it and of its home office, and shall at the end of each fiscal period transfer to its general ledger the profit or loss accruing at each branch as a separate item. § 26. Parity Provision. — All provisions of law inconsistent with or superseded by any of the provisions of this act are to that extent and to that extent only hereby repealed: Provided, Nothing in this act contained shall be construed to repeal the parity provision or pro- visions contained in an act approved March 14, 1900 entitled "An act to define and fix the standard of value, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for other purposes," and the Secretary of the Treas- ury may for the purpose of maintaining such parity and to strengthen the gold reserve, borrow gold on the security of United States bonds authorized by section 2 of the act last referred to or for one-year gold notes bearing interest at a rate of not to exceed three per centum per annum, or sell the same if necessary to obtain gold. When the funds of the Treasury on hand justify, he may purchase and retire such outstanding bonds and notes. § 27. National Currency Associations, Additional National Bank Circulation, and National Monetary Commission. — The provisions of the act of May 30, 1908, authorizing national currency associations, the issue of additional national bank circulation, and creating a Na- tional Monetary Commission, which expires by limitation under the FEDERAL RESERVE ACT. 365 terms of such act on the 30th clay of June 1914, are hereby extended to June 30, 1915, and sections 5153, 5172, 5191, and 5214, "of the Re- vised Statutes of the United States, which were amended by the act of May 30, 1908, are hereby re-enacted to read as such sections read prior to May 30, 1908, subject to such amendments or modifications as are prescribed in this act: Tax Rates. — Provided, however. That section 9 of the act first referred to in this section is hereby amended so as to change the tax rates fixed in said act by making the portion applicable thereto read as follows: National banking associations having circulating notes secured other- wise than by bonds of the United States, shall pay for the first three months a tax at the rate of three per centum per annum upon the average amount of such of their notes in circulation as are based upon the deposit of such securities, and afterward an additional tax rate of one-half of one per centum per annum for each month until a tax of six per centum per annum is reached, and thereafter such tax of six per centum per annum upon the average amount of such notes. § 28. Reduction of Capital Stock. — Section 5143 of the Revised Statutes is hereby amended and re-enacted to read as follows: Any association formed under this title may, by the vote of shareholders owning two-thirds of its capital stock, reduce its capital to any sum not below the amount required by this title to authorize the forma- tion of associations; but no such reduction shall be allowable which will reduce the capital of the association below the amount required for its outstanding circulation, nor shall any reduction be made until the amount of the proposed reduction has been reported to the Comp- troller of the Currency and such reduction has been approved by the said Comptroller of the Currency and by the Federal Reserve Board, or by the organization committee pending the organization of the Federal Reserve Board. § 29. If Part of Act Adjudged Invalid. — If any clause, sentence, paragraph, or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 30. Right to Amend, Alter, or Repeal. — The right to amend, alter, or repeal this act is hereby expressly reserved. Approved, December 23, 1913. 366 hillyer's legal manual. BANKS IN CALIFORNIA. Alameda — 90. 98^ — Alameda National. 9^ — Alameda Savings. 100 — Citizens' National. 101 — Citizens' Savings. Alhambra — 90. 242 — Alhambra Savings. 241— First National. 244 — Alhambra National Bank. Alturas— 90. 501 — First National. Alvarado — 90. 540 — Bank of Alameda County. Anaheim — 90. 370 — American Savings. 751 — Anaheim National. 368— First National. 369 — German American. 763 — Southern County. ' Anderson — 90. 541 — Bank of Anderson. Angels Camp — 90. 542 — Calaveras County Bank. Antioch— 90. 485 — ^Antioch Bank of Savings. 483— Bank of Antioch. 484— First National. Arbuckle— 90. 543— Bank of Arbuckle. Areata — 90. 544 — ^Bank of Areata. 782 — Areata Savings Bank. 793— First National. Arlington — 90. 545 — Citizens '. Arroyo Grande — 90. 546 — ^Bank of Arroyo Grande. Artesia. 547 — ^First National. Atwater — 90. 721 — Merced Security Savings. BANKS IN CALIFORNIA. 367 Auburn — 90. 391 — ^Auburn Savings. 390— First National. 389— Placer County. Azusa — 90. 454 — Azusa Valley Savings. 453 — First National. 455 — United States National. Bakersfield— 90. 619— First Bank of Kern. 139— First National. 141 — National Bank of Bakersfield. 138 — Producers' Savings. 140--Security Trust. Banning — 90. 548 — First National. Beaumont — 90. 549 — Bank of Beaumont. Benicia — 90. 550— People's Bank. Berkeley— 90. 41 — Berkeley Bank of Savings and Trust Co. 44 — Berkeley National. 42. — ^First National. 45 — Homestead Savings. 668— South Berkeley. 43 — ^University Savings. 687— West Berkeley. Biggs— 90. 551 — Sacramento Valley. Bigpine — 90. 552 — Inyo County. Bishop — 90. 471 — Inyo County. 472 — Owens Valley. Black Diamond — See Pittsburg. Blythe— 90. 554— Palo Verde Valley. Brawley— 90. 509— First National. 508 — Imperial Valley Savings. Brea— 90. 735— La Habra Valley. Brentwood — 90. 781— Bank of Brentwood. 368 hillyer's legal manual. Burbank— 90. 720— Burbank Savings. 556— First National. 791 — Farmers & Merchants' Bank. Burlingame — 90. 557 — Bank of Burlingame. Butte City— 90. 558 — Sacramento Valley. Byron— 90. 559— Bank of Tracy. Calexico— 90. 518 — Calexico National. 519— First National. Calistoga — 90. 560 — Oalistoga National. Cambria — 90. 561 — Bank of Cambria. Campbell— 90. 562— Bank of Campbell. Carpenteria — 90. 69S — Commercial Savings. Cedarville— 90. 563 — Surprise Valley. Centerville- 90. 564 — Bank of Centerville. Ceres- 90. 565 — Bank of Ceres. Chico — 90. 304— Bank of Chico. 305 — Butte County National. 306 — Butte County Savings. 307— First National. Chino— 90. 757 — Chino Savings. 566— First National. Chowchilla— 90. 592— Bank of Chowchilla. Chula Vista— 90. 742— Chula Vista State. 567— People's State. Claremont — 90. 764 — Claremont National. 568— First National. Cloverdale— 90. 569 — Bank of Cloverdale. BANKS IN CALIFORNIA. 369 Clovis— 90. 738— First National. 570— First State. CoachellBr— 90. 767— First National. Coalinga^90. 291— Bank of Ooalinga. 292— First National. Colfax— 90. 571— Colfax Bank. Colton— 90. 300— Oolton National. 299— First National. Colusa— 90. 443 — ^Colusa County. 444 — First Savings. 704— First National. Compton — 90. 498 — Citizens ' Savings. 499— First National. 789 — Farmers & Merchants' Bank of Compton. Concord— 90. 525— Bank of Concord. 526— First National. 759— San Ramon Valley. Corcoran — 90. 534 — First National. 535 — First Savings. Coming^ — 90. 572^ — Bank of Corning. 755 — Tehama County Savings. Corona — 90. 318— Citizens' Bank. 320 — Corona National. 319— First National. Coronado— 90. 573 — ^Bank of Commerce and Trust Co. Covina— 90. 434 — Covina National. 433 — Covina Valley Savings. 432^First National. Crescent City— 90. 482— Bank of Cfescent City. 481 — Del Norte County. Crockett— 90. 574 — ^Bank of Pinole. 24 370 hillyer's legal manual. Crows Landing — 90. 536 — Bank of Newman. 537— First National. Cucamonga — 90. 575 — ^First National. Danville— 90. 57G — San Ramon Valley. Davis— 90. 577— Bank of Yolo. 796— Bank of Davis. Delano — 90. 578 — First National. Denair — 90. 726 — Commercial. Dinuba^-90. 697 — Dinuba Savings. 494 — First National. 495 — United States National. Dixon — 90. 514— Bank of Dixon. 515 — ^First National. 724 — Northern Solano Savings. Dorris— 90. 579— Butte Valley State. Dos Palos— 90. 707— Bank of Dos Palos. 580— Bank of Los Banos. Downey — 90. 418 — Bank of Downey. 417 — ^Los Nietos Valley. Ducor— 90. 768— First National. Dunsmuir — 90. 581— State Bank of Dunsmnir. Durham— 90. 771 — Commercial. Dutch Flat— 90. 5S2— W. & P. Nicholls. Eagle Rock— 90. — Eagle Rock. East Auburn — See Auburn. East San Diego— 90. 773— East San Diego State. BANKS IN CALIFORNIA. 371 El Cajon— 90. 583^ — Cuyamaca State. El Centro— 90. 436— El Centro National. 435— First National. 744 — Security Savings. Elk Grove— 90. 584— Bank of Elk Grove. Elmhurst— 90. 254 — Bank of San Leandro. El Monte— 90. 585 — First National. 786— Southern County. El Segundo— 90. 719— El Segundo State. Elsinore— 90. 586 — Consolidated Bank. Emeryville — 90. 587--First National. Escalon— 90. 743— Escalon State. Escondido — 90. 460 — Escondido National. 462 — Escondido Savings. 461— First National. 463 — ^Home Savings. Esparto — 90. 783— Bank of Esparto. Etna Mills— 90. 588— Scott Valley. Eureka— 90. 14G— Bank of Eureka. 147— First National. 145 — Home Savings. 143— Humboldt County. 144 — Savings Bank of Humboldt County. Exeter— 90. 729— Citrus Bank. 589— First National. Fair Oaks— 90. 590— Fair Oaks Bank. Fallbrook— 90. 591 — Citizens ' Commercial. Femdale— 90. 504 — Femdale. 505 — Russ Williams Banking Go. 372 HILLYER^S LEGAL MANUAL. Fillmore— 90. 592— Fillmore State. 799 — Farmers & Merchants \ Folsom— 90. 593— Bank of Folsom. Forestville— 90 594 — Analy Savings. Fort Bidwell. 595— Bank of Fort Bidwell. Fort Bragg— 90. 381— First Bank of Savings. 380— First National. 734 — ^Fort Bragg Commercial. Fort Jones— 90. 539— Mt. Shasta Banking Co. 538— Scott Valley Bank. Fortuna^90. 596 — Bank of Fortuna. Fowler— 90. 597— First National. 775— Fowler National. Fresno — 90. 89 — Bank of Central California. 87 — Farmers' National. 88— First National. 90 — Fresno National. 94— Fresno Savings. 95 — Industrial. 91 — People's Savings. 92 — Union National. Fruitvale— See Oakland. Fullerton— 90. 430 — Farmers and Mechants' National. 429— First National. 431 — Fullerton Savings. Gait— 90. 736— Bank of Gait. Gardena — 90. 761 — Citizens' State Savings. 598— Gardena Bank & Trust Co. Garden Grove — 90. 599 — Bank of Garden Grove. Geyservllle — 90. 600 — Bank of Geyserville. BANKS IN CALIFORNIA. 373 Gilroy— 90. 378— Bank of Gilroy. 722— First National. 379 — Gilroy Savings & Loan. Glendale— 90. 359— Bank of Glendale. 358— First National. 794— Glendale Savings. Glendora— 90. 441 — First National. 442 — ^First Savings. 440 — Glendora Bank. Gonzales — 90. 601 — Bank of Gonzales. Grass Valley— 90. 276— Citizens'. 277— Nevada County. Greenville— 90. 716— Indian Valley. Gridley— 90. 493— Gridley State. 492— Rideout. Grimes — 90. — Colusa County Bank. Guadaloupe — 90. 602 — Bank of Santa Maria. Guerneville — 90. 603 — Bank of Guerneville. Gustine— 90. 604 — Bank of Los Banos. — Bank of Gustine. Halfmoon Bay— 90. 605 — Bank of Halfmoon Bay. Hanford— 90. 259 — Farmers & Merchants' National. 261- First National. 263— Hanford National. 260 — Hanford Savings. 264 — People's Savings. 262— The Old Bank. Hardwick— 90. 787— First National. Hayward — 90. 355 — Bank of Hayward. 356 — ^Farmers & Merchants'. 374 hillyer's legal manual. 694— First National. 357 — Hayward Bank of Savings. Healdsburg— 90. 730 — Farmers & Merchants' Savings. 415 — ^First National. 416 — Healdsburg National. 752 — Healdsburg Savings. Hemet— 90. 490— Bank of Hemet. 491 — ^Farmers & Merchants'. Hermosa Beach — 90. 780— First Bank of Hermosa Beach. Highgrove — 90. 606 — Bank of Highgrove. Highland— 90. 607— First Bank of Highland. HoUister— 90. 392— Bank of Hollister. 395 — First National. 394 — Hollister Savings. 393 — Savings & Loan Bank of San Benito County. Hollywood— 90. 250 — Citizens ' Savings. 248— First National. 247 — Hollywood National. 249 — Hollywood Savings. Holtville— 90. 523— First National. 524— Holtville Bank. Hopland— 90. 608— Bank of Hopland. Hueneme — 90. 609 — Bank of Hueneme. Hughson— 90. 610 — Bank of Hughson. Huntington Beach — 90. 516^ — ^First National. 517 — Savings Bank of Huntington Beach. Huntington Park — 90. 611 — Bank of Huntington Park. Hynes— 90. 612— First National. Imperial — 90. 465^ — Farmers & Merchants'. 464— First National. BANKS IN CALIFORNIA. 375 Independence — 90. 613— Owens Valley. Inglewood — 90. 448 — Citizens ' Savings. 447— First National. lone— 90. 614 — Sacramento Valley Bank & Trust Co. Irvington — 90. 615 — Bank of Alameda County. Jackson — 90. 616 — Bank of Amador County. Jamestown — 90. 765^ — First Bank of Jamestown. 749 — ^Union National. Kennet— 90. 718 — First Savings Bank of Shasta County. Kerman — 90. 618— First National. Kern — See Bakersfield. King City— 90. 620— Monterey County. Kingsburg — 90. 532— First National. 533 — Kingsburg Bank. La Jolla^90. 621 — Southern Trust & Savings Bank. Lakeport — 90. 511 — Bank of Lake. 510 — Farmers' Savings. La Mesa — 90. 622— Bank of La Mesa. Lancaster — 90. 756— Bank of Lancaster. 762 — Farmers & Merchants'. Lankershim — 90. 623 — Bank of Lankershim. Laton — 90. 624— First National. Le Grand— 90. 792— Le Grand Bank. Lemoore — 90. 488 — Bank of Lemoore. 489— First National. 376 HILLYER^S LEGAL MANUAL. Lincoln — 90. 625— Bank of Lincoln. Lindsay — 90. 423— First National. 424 — Lindsay National. 425 — ^Lindsay Savings. Live Oak— 90. 727— Rideout. Livermore — 90. 412 — Farmers & Merchants' National. 411 — ^First National. 409 — ^Livermore Savings. 410 — ^Livermore Valley Savings. Lockeford— 90. 626 — Union Safe Deposit Bank. Lodi— 90. 360— Bank of Lodi. 362 — ^Central Savings. 361— First National. Loleta— 90. 627— Bank of Loleta. Lompoc — 90. 449 — Bank of Lompoc. 450 — Farmers & Merchants' Savings. 451 — Lompoc Valley. 452 — ^Lompoc Valley Savings. Long Beach — 90. 118— City National. 117 — Exchange National. 119 — Farmers & Merchants'. 113— First National. 115 — Long Beach Savings Bank & Trust Co. 112 — National Bank of Long Beach. Loomis — 90. 784 — Bank of Loomis. Lordsburg — 90. 496— First National. 49'7 — State Bank of Pomona. Los Angeles^ — 16. 66— Bank of Italy. 56 — California Savings. 10 — Central National. 11 — Citizens' National. 14 — Citizens' Trust & Savings. 68 — City and County. BANKS IN CALIFORNIA. 377 17 — Commercial National. 53— Eagle Rock. 1 — Farmers & Merchants' National. 58^ — ^Federal Bank. 3 — ^First National. 52 — German-American Trust & Savings. 63 — Globe Savings. 65 — Hellman Commercial Trust & Savings. 71— Highland Park. 60 — Home Savings. 61 — International Savings & Exchange. 70 — Los Angeles Hibernian Savings. 73— Los Angeles Title & Trust Co. 54 — Los Angeles Trust & Savings. 5 — Merchants' National. 9 — National Bank of California. —Oil & Metal Bank & Trust Co. 51 — Security Trust & Savings. — Southern Trust Co. 72— Title Guarantee & Trust Co. - 74— Title Insurance & Trust Co. 67— Traders' Bank. 18 — United States National. 75 — Yokohama Specie Bank, Ltd. Los Banos — 90. 521 — Bank of Los Banos. 522— First National. Los Gatos— 90. 628 — Bank of Los Gatos. 710— First National. . Loyalton — 90. 629— Sierra Valley. Madera — 90. 382^ — Commercial National. 383— First National. 731 — Madera Savings. Mantecar— 90. 712— First State. Maricopa — 90. 340 — Bank of Maricopa. 341— First National. Martinez — 90. 407— Bank of Martinez. 408 — First National Bank of Contra Costa County. Marysville — 90. 231— Decker Jewett & Co. Bank. 378 hillyer's legal manual. 233 — Northern California Bank of Savings. 232— Rideout. Maxwell— 90. 706 — Colusa County. Mayfield— 90. 630— Mayfield Bank & Trust Co. McCloud— 90. 631— McCloud National. McFarland— 90. 795 — First National. Melrose — 90. 632— Bank of Fruitvale. Mendocino — 90. 633 — Mendocino Bank of Commerce. Merced— 90. 337 — Commercial Savings. 779 — Farmers & Merchants' National. 338— First National. 336 — Merced Security Savings. Mill Valley— 90. 63-4^Bank of Mill Valley. Milpitas— 90. 701 — Bank of Milpitas. Modesto— 90. 296 — Farmers & Merchants'. 294— First National. 293— Modesto. 297--Modesto Savings. 298 — Security Savings Bank of Stanislaus County. 295 — Union Savings. Moneta^90. 635 — Moneta Commercial and Savings. Monrovia— 90. 315 — American National. 312— First National. 314 — Granite Savings. 313 — Monrovia Savings. Montague^-90. 636 — Montague Banking Co. Montebello— 90. 747— Montebello State. Monterey — 90. 267— Bank of Monterey. 258— First National. BANKS IN CALIFORNIA. 379 700 — Monterey Savings. — Monterey County Bank. Morgan Hill— 90. 637— Bank of Morgan Hill. Mountain View — 90. 638 — Farmers & Merchants' State. 778— First National. Napa— 90. 226— Bank of Napa. 228— First National. 225— Jas. H. Goodman & Co. Bank. 227 — Napa Savings. National City— 90. 753— National City State. 639— People's National. Needles— 90. 323— Bank of Needles. 324 — Monaghan & Murphy Bank. Nevada City— 90. 366— Citizens'. 367— Nevada County. Newcastle — 90. 640 — Bank of Newcastle. Newman — 90. 506 — Bank of Newman. 507 — First National. Newport Beach — 90. 641 — State Bank of Newport. Niles— 90. 642— Niles State. Nordhoff— 90. 643— Ojai State. Norwalk— 90. 644— Bank of Norwalk. Novato— 90. 798— Novato Bank. Oakdale— 90. 750 — Commercial State. 486— First National. 487 — Stanislaus County Savings. Oakland— 90. 14 — Bank of Commerce. 12— Bank of Fruitvale. — Bank of Germany. — Bank of San Leandro. 380 hillyer's legal manual. 4 — Central National. 9 — Central Savings. 11 — Citizens' Bank of Fruitvale. 5 — Farmers* & Merchants' Savings. 3 — ^First National. 15— First Trust & Savings. 18 — Fugazi Banca Popolare Operaria Ital 8^ — Harbor. 1 — Oakland Bank of Savings. 7— Security Bank & Trust Co. 6 — State Savings. 17 — Twenty-third Avenue. 2 — Union Savings. 10— West Oakland Bank. Oak Park— 90. 645— Citizens' Bank. Ocean Park— 90. 335— First National. 334 — Merchants' Commercial & Savings. 333— Ocean Park. Oceanside — 90. 527— Bank of Oceanside. 527— First National. Ontario— 90. 289— Euclid Savings. 288— First National. 290 — Ontario National. Orange — 90. 351 — ^First National. 349 — National Bank of Orange. 350 — Orange Savings Bank. 352^ — Security Savings. Orland— 90. 512— Bank of Orland. 513 — Orland Savings. 788— First National. Orosi— 90. 646 — National Bank of Orosi. Oroville— 90. 303 — Bank of Oroville, Savings. 769— Bank of Hideout Smith & Co. 302— First National. 301 — Rideout Smith National. Oxnard — 90. 372— Bank of A. Levy, Inc. 373 — Oxnard Savings. 371— First National. BANKS IN CALIFORNIA. 381 Pacific Grave— 90. 387— Bank of E. Cooke Smith. 388— Bank of Pacific Grove. Palms— 90. 732— Citizens 'State. Palo Alto— 90. 278— Bank of Palo Alto. 279— First National. Parlier— 90. 713— First National. Pasadena— 90. 75 — Citizens' Savings. 70 — Crown City National. 69— Crown City Savings & Trust Co. 63— First National. 71 — National Bank of Commerce. 64 — Pasadena National. 67 — Pasadena Savings & Trust Co. 74 — Security National. 72 — State Bank of Pasadena. 73^ — Union National. 66 — Union Trust and Savings. Paso Robles— 90. 456— Citizens'. 457— First National. Patterson — 90. 696 — Bank of Patterson. Perns— 90. 647— Bank of Perris. Petaluma — 90. 221 — California Savings. 220 — Petaluma National. 219 — Petaluma Savings. 222 — Petaluma Swiss-American. 218 — Sonoma County National. Pinole— 90. 648— Bank of Pinole. Pittsburg— 90. 553 — Contra Costa County. Placentia — 90. 702— Placentia National. Placerville— 90. 422-aa — Mierson Banking Co. Planada— 90. 723— Bank of Planada. 382 HILLYER^S LEGAL MANUAL. Pleasanton — 90. 466 — Bank of Pleasanton. 467— First National Bank. 790 — Amador Valley Savings. Point Arena — 90. 649^ — Bank of Point Arena. Point Reyes— 90. 650 — Bank of Tomales. Pomona — 90. 178 — American National. 177— First National. 179— Savings Bank & Trust Co. 180 — State Bank of Pomona. Porters ville — 90. 365— First National. 364— Pioneer. Princeton — 90. 737 — Bank of Princeton. Puente — 90. 651 — First National. Quincy — 90. 652 — Plumas County. Ramona — 90. 698 — State Bank of Ramona. Red Bluff— 90. 321— Bank of Tehama County. 711_Red Bluff National. Redding— 90. 717 — First Savings Bank of Shasta County. 316 — Northern California National. 703 — Redding National. 317 — Redding Savings. Redlands — 90. 174 — Citizens' National. 171 — First National. 170 — Redlands National. 177 — Savings Bank of Redlands. 173 — ^Union Savings. Redondo Beach — 90. 346_Farmers' & Merchants' National. 347 — First National. 348 — Redondo Savings. BANKS IN CALIFORNIA. 383 Redwood City— 90. 374 — First National of San Mateo County. 377 — Redwood City Commercial. 375 — San Mateo County Savings. 376— Savings & Trust Co. of San Mateo Co. Reedley— 90. 419— First National. 420— Reedley National. Rialto— 90. 653— First National. Richmond— 90. 202— Bank of Richmond. 204— First National. 203-— Mechanics'. 205 — Richmond Savings. Rio Vista— 90. 654— Bank of Rio Vista. Ripon— 90. 655 — Bank of Ripon, Rivera— 90. 656 — Rivera State. Riverdale— 90. 709— First National. Riverside— 90. — Citizens ' Bank of Arlington. 124 — Citizens ' National. 122— First National. 125 — National Bank of Riverside. 123 — Riverside Savings Bank & Trust Co. 126 — Security Savings. Roseville— 90. 657 — Roseville Banking & Trust Co. Sacramento — 90. 33 — California National. 39 — California Savings. 35 — Capital Banking & Trust Co. 38 — Capital National. — Citizens ' Bank of Oak Park. 34 — ^Farmers & Merchants' Savings. 3'6— Fort Sutter National. 30— National Bank of D. 0. Mills & Co. 40^ — Nippon Bank. 32' — People's Savings. 31 — Sacramento. 37 — Sacramento Valley Bank & Trust Co. 384 hillyer's legal manual. Salinas— 90. 310— First National. 30O — Monterey County. 308— Salinas City. 311 — Salinas Valley Savings. San Anselmo — 90. 658 — First Bank of San Anselmo. San Bernardino — 90. 132— California State. 219 — Farmers' Exchange National. 133 — San Bernardino County Savings. 130 — San Bernardino National. 131 — Savings Bank of San Bernardino. San Diego— 90. 55 — American National. 50 — Bank of Commerce & Trust Co. 54 — Blockman Commercial Savings. 56 — Citizens ' Savings. 49 — First National. 59 — Marine National. 53 — Merchants' National. 52 — San Diego Savings. 57 — Southern Trust & Savings. 60 — United States National. 58 — University Avenue. San Dimas— 90. 659— First National. 699 — San Dimas Savings. San Fernando — 90. 660— Fixst National. 758 — San Fernando National. San Francisco — 11. 24 — American National. 17 — Anglo & London Paris National. 73— Anglo-California Trust Co. 3 — Bank of British North America. 1 — Bank of California, National Association. 35— Bank of Italy. 76 — Bank of Daniel Meyer, Inc. 27 — ^^Canadian Bank of Commerce. 72 — Canton. 62 — Columbus Savings & Loan Society. 21 — Crocker National. 7 — Donohoe-Kelly Banking Co. 71— First Federal Trust Co. 8 — First National. 65 — French-American Bank of Savings. BANKS IN CALIFORNIA, 385 69 — Fugazi Banca Popolare Operaria Italiana. 55 — German Savings & Loan Society. 53 — Hibernia Savings & Loan Society. 54 — Hongkong & Shanghai Banking Corporation. 56 — Humboldt Savings. 30 — International Banking Corporation. 31 — Italian- American. 60 — Marine Trust and Savings. 26 — Mercantile National. 64 — Mercantile Trust Co. of San Francisco. 34 — Merchants' National. 66 — Mission. 70 — Mission Savings.' 59 — Mutual Savings. 68 — Portuguese-American. 52 — Savings Union Bank & Trust Co. 57 — Security Savings. 67 — Seaboard National. 61— Union Trust Co. 16 — Wells-Fargo Nevada National. 74 — Western Metropolis Savings. 58~-Yokohama Specie Bank, Ltd. Sanger — 90. 740 — Commercial. 661— First National. San Jacinto — 90. 662— First National. 695 — First Savings. San Jose — 90. 77 — Bank of San Jose. 83— Bank of Italy. 78— First National. 82— Garden City Bank & Trust Co. 79 — San Jose Safe Deposit Bank. 80 — Security Savings. 81 — Security State. San Leandro — 90. 325 — Bank of San Leandro. 327— First National. 705 — San Leandro State. San Luis Obispo — 90. 237— Andrews Banking Co. 236 — Commercial. 238— Union National. San Mateo— 90. 284— Bank of Italy. 285 — National Bank of San Mateo. 25 386 hillyer's legal manual. San. Miguel— 90. 770— Citizens'. San Pedro— 90. 207— Bank of San Pedro. 210 — Citizens' Savings. 208— First National. 211 — Harbor City Savings. 209— State Bank of San Pedro. San Rafael— 90. 215— Bank of San Rafael. 214 — Marin County National. 216 — Marin County Savings. Santa Ana — 90. 188 — California National. 186 — ^Farmers & Merchants' National. 183— First National. 187 — ^Home Savings. 184 — Orange County Savings & Trust Co. 185 — Santa Ana Savings. Santa Barbara — 90. 159— Central. 157 — Commercial. 155 — First National. 156— Santa Barbara County National. 158 — Santa Barbara Savings & Loan. Santa Clara — 90. 287 — Mission. 286— Santa Clara Valley. Santa Cniz— 90. 165— City Savings. 164 — First National. 167— People's. 166 — People's Savings. 162— Santa Cruz Bank of Savings & Loans. 163 — Santa Cruz County National. Santa Maria — 90. 396 — Bank of Santa Maria. 398— First National. 397 — ^Valley Savings. Santa Monica— 90. 191— Bank of Santa Monica. 192— Merchants' National. —Merchants' Commercial & Savings Bank of Ocean ParK. Santa Paula— 90. 400 — Farmers & Merchants'. 399— First National. 401— Santa Paula Savings. BANKS IN CALIFORNIA. 387 Santa Rosa — 90. 198^ — Exchange. 195 — Santa Rosa. 197 — Santa Rosa National. 196 — Savings Bank of Santa Rosa. 199 — Union Trust Savings. Saratoga — 90. — Saratoga State Bank. Saticoy— 90. 715 — Farmers & Merchants'. Sausalito — 90. 663 — Bank of Sausalito. Sawtelle— 90. 402 — Bank of Santa Monica. 403— Citizens' State. Scotia— 90. 664r— First National. Sebastopol- 90. 468 — Analy Savings. 469— First National. 470 — Sebastopol Savings. Selma— 90. 774 — Farmers ' Savings. 426— First National. 427 — Selma National. 428 — Selma Savings. Sherman — 90. 665 — Bank of Sherman. Sierra Madre — 90. 666 — First National. Soledad— 90. 746— Salinas City. Solbang— 90. 772— Santa Ynez Valley. Sonoma — 90. 754— First National. 667 — Sonoma Valley. Sonora — 90. 414 — First National. 413 — Tuolumne County. South Berkeley — See Berkeley. South Pasadena — 90. 266— First National. 265 — South Pasadena Savings. 388 hillyer's legal manual. South San Francisco — 90. 669 — Bank of South San Francisco. Springville — 90. 785 — Pioneer Bank. St. Helena— 90. 437— Bank of St. Helena. 438 — Carver National. 439— Savings Bank of St. Helena. Stirling City— 90. 671— Stirling City Bank. Stockton — 90. 109 — Commercial & Savings. 107 — ^Farmers & Merchants'. 105— First National. 104 — San Joaquin Valley. 106 — Stockton Savings. 103^ — Stockton Savings and Loan Society. 108 — ^Union Safe Deposit. Strathmore — 90. — Pioneer Bank. Suisun— 90. 529— Bank of Suisun. 531 — Solano County Savings. 530— First National. Sunnyvale — 90. 672— Bank of Sunnyvale. Susanville — 90. 673 — ^Bank of Lassen County. 739 — ^Lassen Industrial. Sutter Creek— 90. 674 — Bank of Amador County. Taft— 90. 708— First National. Tehachapi — 90. 676— Bank of Tehachapi. Temecula^90. 803— Citizens' Bank. Terra Bella— 90. 677— First National. Tomales — 90. 678— Bank of Tomales. Torrance — 90. 800— First National. feANKS IN CALIFORNIA. 3^9 Tracy— 90. 468— Bank of Tracy. 469— West Side. Trapico— 90. 679--First National. Tulare— 90. 354 — First National. 3'53— National Bank of Tulare. — Savings Bank of Tulare. Turlock— 90. 445 — Commercial. 446— People's State. Tustin— 90. 725— First National. Ukiah— 90. 404— Bank of Ukiah. 405^ — Commercial. 406 — Savings Bank of Mendocino County. Upland— 90. 386 — Citizens' Savings. 384 — Commercial National. 385— First National. Vacaville— 90. 473— Bank of Vacaville. 474 — First National. 475 — ^Vacaville Savings. Vallejo— 90. 151 — First National. 152 — First Savings. 150 — ^Vallejo Commercial. Valley Ford— 90. 680 — Dairyman's Bank. Van Nuys— 90. 728— First National. Venice — 90. 733— First National. 766— Ocean Park. 681 — ^Venice Savings. Ventura — 90. 344 — First National. 345 — Home Savings. 342 — National Bank of Ventura. 343^ — Ventura Savings. Visalia— 90. 271— Citizens'. 390 hillyer's legal manual. 269— First National. 267— National Bank of Visalia. 270 — Producers ' Savings. 268 — Visalia Savings. Walnut Creek— 90. 760— First National. 682— San Ramon Valley. Walnut Grove— 90. 683— Bank of Alex Brown. Wasco— 90. 745— Bank of Wasco. Watsonville— 90. 280— Bank of Watsonville. 282— Pajaro Valley National. 281 — Pajaro Valley Savings. 283 — Watsonville Savings. Watts— 90. 684— Los Nietos Valley. Weaverville — 90. 685— Trinity County. Weed— 90. 686— First National. West Berkeley — See Berkeley. Wheatland— 90. 688— Farmers'. Whittier— 90. 272— First National. 275 — Home Savings. 273— Whittier National. 274 — Whittier Savings. Williams— 90. 689— Bank of Williams. Willits— 90. 690— Bank of Willits. Willow— 90. 476— Bank of Willow. 477 — First National. 478 — Glenn County Savings. Wilmington— 90. 691— First National. Winters— 90. 503— Citizens'. 502— First National. 714 — Savings Bank of Winters. BANKS — CIVIL SERVICE. 391 Woodlake— 90. 777 — First National. Woodland— 90. 328— Bank of Woodland. 330— Bank of Yolo. 332— First National. 331 — Home Savings. 329 — ^Yolo County Savings. Yreka— 90. 480 — ^First Savings Bank of Siskiyou County. 479 — Siskiyou County Bank. Yuba City— 90. 692— First National. 748 — Savings Bank of Sutter County. CIVIL SERVICE. (Constitutional Provision.) When the term of any officer or commissioner is not provided for in this constitution, the term of such officer or commissioner may be declared by law; and, if not so declared, such officer or commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years; provided, however, that in the case of any officer or employee of any municipality governed under a legally adopted charter, the provisions of such charter with refer- ence to the tenure of office or the dismissal from office of any such officer or employee shall control; and provided further, that the term of office of any person heretofore or hereafter appointed to hold office or employment during good behavior under civil service laws of the State or of any political division thereof shall not be limited by this section, (Article XX, section 16. Adopted October 10, 1911.) CIVIL SERVICE ACT. [Approved June 16, 1913. In effect August 10, 1913.] § 1. "Commission." — First. The term "commission" as used in this act means the "state civil service commission" herein created, and the term "commissioner" as used in this act means one of the three members of that commission, all unless such terms are plainly used with some other meaning. "Position." — Second. The terms "position" and "positions" as used in this act include all offices and employments under State author- ity, whether there be any salary or other compensation or emolument connected therewith, except offices held by elective officers as such and also except the militia and all offices and employments as now or here- 392 hillyer's legal manual. after provided by virtue of or under article 8 of the constitution of the State, and except cqunty and township offices and employments. "Appointing Power." — Third. The term "appointing power" as used in this act includes all persons whether acting singly or in con- junction with others in any way whatsoever, either by nomination or confirmation or as a board or commission or otherwise, in selecting anyone to hold any position as that term is so used in this act. "Appointment." — ^Fourth. The term "appointment" as used in this act includes all means of selecting and employing anyone to hold any position as that term is so used in this act. § 2. Civil Service Commission Created. — There is hereby created a commission known as the "State civil service commission" which shall consist of three commissioners but which may continue to act after being fully eonstituted if there is not more than one vacancy in such commission. The commission shall be first constituted by three com- missioners appointed for terms ending July 1, 1914, July 1, 1916, and July 1, 1917, respectively, and the succeeding terms shall each be for a period of four years. The governor shall appoint all commissioners including those who fill unexpired terms. Any commissioner may be removed by concurrent resolution of both houses of the legislature adopted by a two-thirds vote of each house. Salary. — The commissioners shall each receive a salary of three thou- sand dollars per annum, which shall be paid at the same time and in the same manner as the salaries of State officers are paid, and the commissioners shall also be paid necessary traveling expenses incurred in the performance of their duties. The total and items of all ex- penditures and obligations made, authorized and incurred by the com- mission shall not exceed the sums appropriated therefor by law. § 3. Employees. — The commission shall employ a chief examiner and secretary, which offices may be combined, and such other employees as it may deem necessary or proper to carry out the purposes of this act. Their compensation shall be fixed by the commission, and they may be paid necessary traveling expenses incurred in the discharge of their duties. The duties of the chief examiner, secretary and other employees shall be prescribed by the commission, subject to the provi- sions of this act. It shall be the duty of the secretary to keep the minutes of the meetings of the commission and perform such other ser- vices as may be assigned him by the commission. The commission may select suitable persons to assist in examinations under its direction. The compensation of such assistants shall not exceed five dollars per day, except in the case of special and expert examiners employed in the preparation of questions and rating of candidates; and when the per- sons so selected are in the official service of the State it shall be deemed a part of their official duty to serve as such assistants without additional compensation. § 4. Headquarters. — The commission is authorized to secure in the city of Sacramento suitable and convenient rooms and accommodations CIVIL SERVICE ACT. 3^3 and cause the same to be furnished, heated and lig^hted, for carrying on the work of the commission and the commission may order the neces- sary stationery, postage stamps, and official seal and other articles to be supplied and the necessary printing to be done for its official use. § 5. Duties. — The commission shall: Classify and Grade Positions. — First. Classify positions to be held under State authority in accordance with the provisions of this act and in accordance with the duties attached to such positions. The commis- sion shall grade all positions within each class with respect to salaries, to the end that like salaries shall be paid for like duties. Such classes and grades may from time to time be amended, added to, consolidated or abolished by the commission, but persons holding positions under the original classification or grade shall not be affected thereby. Hold Examinations. — Second. Hold examinations to determine the merit, efficiency and fitness of applicants, for positions, and prepare properly classified eligible lists from applicants so examined. All ques- tions for examinations shall be prepared under the supervision of the commission or chief examiner and delivered to the examining board or to the candidates by one of the commissioners or chief examiner or by an examiner specially designated to perform such service. Enforce Act. — Third. Enforce the provisions of this act and pre- scribe, and enforce suitable rules and regulations for carrying the same into eft'ect and from time to time amend and repeal the same. Minutes. — Fourth. Keep minutes of its own proceedings, and records of its examinations and other official actions. Efficiency Records. — Fifth. Records of individual efficiency of hold- ers of positions in performing their duties shall be established in all offices and places of employment affected by this act. Such records shall be made by the appointing power, unless otherwise directed by the commission, and under and in accordance with such rules and regu- lations as the commission may prescribe, and a copy of such records shall be filed with the commission. The commission shall investigate all such efficiency records and may make its own records, and shall rate upon such records the item of "ascertained merit" in examinations for promotion. The commission shall establish and enforce rules and regulations under which records of unsatisfactory service may lead to reduction in grade and compensation of the person holding the position concerned, and shall further provide for the manner in which persons falling below the standards of efficiency fixed by its rules and regula- tions may be removed from their positions by the commission proceed- ing substantially as provided in this act and with the same effect as in case of removals by the appointing power. Make Investigations. — Sixth. Make investigations concerning and report upon all matters touching the enforcement and effect of the pro- visions of this act and the rules and regulations prescribed thereunder; inspect all State institutions, offices, places of employment and services affected by this act, and ascertain whether this act and all such rules 394 HILLYER^S LEGAL MANUAL. and regulations are obeyed. Such investigation may be made by any commissioner, or chief examiner, or by any other authorized agent of the commission. In the course of such investigation any commissioner, or chief examiner or such other authorized agent of the commission, or the secretary of the commission, shall have power to administer oaths, subpoena and require the attendance in this State of witnesses and the production thereby of books, papers, documents and accounts appertain- ing to the investigation but not requiring the attendance of witnesses either with or without books, papers, documents or accounts unless re- siding within the same county or within thirty miles of the place of attendance. Rules Governing Hearings. — Seventh. All hearings and investiga- tions before the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor any commissioner, nor the chief examiner nor such other authorized agent of the commission shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony before the commission or any commissioner, or the chief examiner or such other authorized agent of the commission shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission. Superior Court may Compel Witnesses to Attend. — The superior court in and for the county, or city and county, in which any inquiry, inves- tigation, hearing or proceeding may be held by the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission shall have the power to compel the attendance of wit- nesses, the giving of testimony and the production of books, papers, documents and accounts, as required by any subpoena issued by the commission, or any commissioner, or such other authorized agent of the commission or the secretary. The commission, or the commissioner, or the chief examiner or such other authorized agent of the commission before whom the testimony is to be given or produced, in case of the l*efusal of any witness to attend or testify or produce any papers re- quired by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of such books, papers, documents or accounts, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce such books or papers or documents or ac- counts required by the subpoena, before the commission, or the com- missioner, or the chief examiner, or such other authorized agent of the commission, in the matter named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce such books or papers or documents or CIVIL SERVICE ACT. 395 accounts before the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission. The court, upon the petition of the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission, or such commissioner, or the chief exam- iner or such other authorized agent of the commission. Order Directing Witness to Appear. — A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission, or any commissioner, or the chief examiner or other authorized agent of the commission or the secretary, the court shall thereupon enter an order that said witness appear before the commission, or such commissioner, or the chief ex- aminer or any other authorized agent of the commission at the time and place fixed in said order, and testify or produce the required books, papers, documents, and accounts, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not be construed to impair or interfere with the power of the commission, or a commis- sioner, or the chief examiner, or any such other authorized agent of the commission to enforce the attendance of witnesses and the production of books, papers, documents and accounts. Depositions. — The commission, or any commissioner, or the chief examiner or such other authorized agent of the commission may, in any investigation or hearing before the commission, or any commissioner, or the chief examiner or such other authorized agent of the commission, cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this State and to that end may compel the attendance of witnesses and the production of books, papers, docu- ments and accounts. Witness not Excused from Testifying. — No person shall be excused from testifying or from producing any book, paper, document or account in any investigation or inquiry by or hearing before the com- mission, or any commissioner, or the chief examiner or such other authorized agent of the commission, when ordered to do so, upon the ground that the testimony or evidence, book, paper, document or account required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have testified or produced documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained 396 shall be construed as in any manner giving to any person immunity of any kind otherwise than herein expressly provided. Biennial Report. — Eighth. Make a biennial report to the governor for transmission to the legislature, showing the action of the commis- sion, including all the rules and regulations adopted by it during such period and those that are in force at the time of making such report, information as to exempted positions as required by this act and the effects of this act and of all proceedings under it and any suggestions the commission or any commissioner may deem practical for the more effectual accomplishment of the purposes of this act. Meetings. — Ninth. Meet at Sacramento as often as the needs of the public service may require, and at such other places as the commission may designate. A majority of the members of the commission shall constitute a quorum. § 6. Duty of State Officers to Aid in Carrying Act into Effect. — It shall be the duty of all persons subject to the authority of the State in that behalf (including all State officers and employees and all State institutions of every kind and character) to aid in all proper ways in carrying into effect the provisions of this act and the rules and regu- lations prescribed from time to time thereunder and especially, at the request of the commission, to allow the commission the reasonable use of public buildings and to heat and light the same for the purposes of making examinations of applicants and investigations as provided by this act. Everyone subject to the authority of the State in that behalf shall afford to the commission and its members and employees all rea- sonable facilities and give inspection of all books, papers, documents and accounts applying or in any way appertaining to any and all offices subject to the authority of the State in that behalf, and shall also pro- duce said books, papers, documents and accounts, and shall attend and testify when required to do so by the commission or any commissioner, or the chief examiner, or the secretary or any other authorized agent of the commission. The attorney general shall advise and assist the commission and the district attorneys of the counties shall prosecute vio- lations of this act. The commission may employ special counsel. § 7. Appointments to be Under Act. — The appointing power in all cases not excepted or exempted under the provisions of this act, or by virtue of the provisions of the constitution of the State, shall fill posi- tions by appointment, including cases of transfers, reinstatements, pro- motions and reductions, in strict accordance with the provisions of this act and the rules and regulations prescribed from time to time hereunder, and not otherwise. Positions Excepted. — Except only and to the extent that the ap- pointing power otherwise requests as hereinafter provided, the posi- tions held in the following specified classes are excepted from such method of appointment : CIVIL SERVICE ACT. 397 First — Appointees of the legislature and one person holding a posi- tion having a confidential relation, Avhether as secretary or clerk or stenographer to each such appointee. Second — Appointees of the governor and one person holding a posi- tion having a confidential relation vrhether as secretary or clerk or stenographer to each such appointee. Third — The chief deputy of and also one person holding a position having a confidential relation whether as secretary or clerk or stenog- rapher to an elective office. Fourth — The secretary or executive officer, or both, and also the attorney and one stenographer of any board or commission appointed by the legislature or governor or elected by the electors, and all sten- ographers in the superior and appellate courts. Fifth — The assistant and deputies of the attorney general and all special attorneys for boards and officers. Sixth — The members of the appointing board of and any chief in any legislative reference or counsel bureau and one person holding a confi- dential relation to each such chief. Seventh — One warden for each of the State prisons. Eighth — One superintendent for each of the State reformatories, State hospitals or other State charitable or correctional institutions; also the parole officers for the State prisons, Preston School of Industry and Whittier State School. Ninth — Persons employed by the University of California and the State normal schools, and the teaching force of the elementary, sec- ondary, trades and technical schools. Tenth — Persons engaged in work done by co-operation between the State and federal governments. Eleventh — The State librarian, the chief deputy or assistant State librarian and also one person holding a position having a confidential relation to the State librarian, and appointees under provisions for court, law, teachers, school and county libraries. Twelfth — The secretary, chief accountant and children's agents of the State board of control. Thirteenth — The employees of the State railroad commission. Fourteenth — Superintendents, chiefs, and heads of departments. All provided that at any time any vacancy in any position in any of the above specified fourteen excepted classes may be filled by the ap- pointing power in the manner provided by this act, in which case the person appointed shall hold, during the tenure of office of said appoint- ing power, such position under the tenure of good behavior and subject to the provisions of this act as if that position had not been so ex- cepted, but upon such appointee ceasing to hold such position that position shall be open as in such excepted class. Upon such appointee ceasing to hold such office by reason of the termination of the tenure of office of said appointing power, said appointee shall be restored to place upon the eligible lists in accordance with such rules and regula- tions as the commission may prescribe in that behalf. 398 iiillyer's legal manual. Declaring Positions Exempt. — Any position subject to the provisions of this act may be declared exempted by resolution passed by concur- rence of the three commissioners. Such resolution shall state sepa- rately the reasons for each exemption. Not more than one appointment shall be made to or under any position, covered by such resolution unless permission to appoint a different number is given therein. Any exception thus made may be terminated at any time by resolution of the commission. Appointments to exempted positions shall be re- ported immediately to the commission. The names of each exempted position and the names of the incumbent and the reason for each ex- emption shall be stated in the biennial reports of the commission. § 8. Rules for Classification of Positions. — Within three months after the commission is constituted, it shall make rules for the classifi- cation of positions to be held under State authority to be provided by this act, and, subject to the provisions of this act; such rules shall govern appointments, transfers, reinstatements, promotions, reductions and removals, and examination of applicants, and the commission may amend such rules from time to time. Such rules shall be printed for public distribution. § 9. Method of Making Appointments. — Subject to the special pro- visions in this act as to laborers, appointments shall be made to all positions that are not filled by promotion, reinstatement, transfer or reduction, under the provisions of this act and the rules in pursuance thereof, by the appointing power: Said appointing power shall notify the commission of any vacancy to be filled, stating the duties of the position. The commission shall then certify to the appointing power the names and addresses of the three persons standing highest on the eligible list for the class or grade to which the position belongs; but in case there be less than three on such eligible list, the commission shall certify the number thereon; and the appointing power shall fill the position by the appointment of one of the persons certified by the commission therefor. The term of eligibility shall be fixed for each eligible list at not less than one year. Appointments shall be made from the eligible list most nearly appropriate for the position to be filled, and a new list shall be created for a stated position or a group of positions only when there is no appropriate list existing from which appointment may be made. No person shall be appointed under any title not appropriate to the duties to be performed, and no person shall be assigned to perform the duties of any other position than that which he legally holds, except by consent of the commission. Appointments for Probationary Period. — ^All appointments shall be for a probationary period to be fixed by the commission but not to exceed six months. Unless such appointee shall have been dismissed within such probationary period by the appointing power, for reasons stated in writing and filed with the commission, his appointment shall become permanent subject to the provisions of this act as to removals, suspensions and changes. Discharged probationers may by unanimous CIVIL SERVICE ACT. 399 vote of the commission be restored to the list of eligibles for certifica- tion to any position within their class other than the one from which they were rejected. § 10. Character of Examinations. — The examinations shall be prac- tical in their character, and shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharo:e the duties of the positions they seek. Applicants for posi- tions in the mechanical trades and occupations may, in the discretion of the commission, be rated solely on experience and physical qualifi- eations which may be determined by such evidence and in such manner as the commission may direct; and such applicants may be submitted to such further tests as the commission may require. Preliminary Requirements. — The commission shall prepare lists of preliminary requirements and subjects of examinations for the several positions, and shall publish its rules and regulations and such informa- tion and advertise such examinations in such manner as the nature of the examination may require. The commission, except as may be otherwise provided in the case of laborers, shall require an applicant to file in its office, in accordance with its rules and regulations, a rea- sonable length of time before the date of examination, a formal application filled out in his own handwriting. Application Blanks.— Blank forms of such applications shall be fur- nished by said commission without charge to all persons requesting the same. The commission may require in connection with applications, including laborers, such certificates of citizens, physicians, public officers or others having knowledge of the applicant, as the good of the service may require. May Refuse to Examine. — The commission may refuse to examine, or after examination to certify as eligible, anyone who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit to perform the duties of the position to which he seeks appointment, or who is addicted to the habitual use of intoxi- cating beverages to excess; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct ; or who has been dis- missed from the public service for delinquency or misconduct; or who has intentionally made a false statement of any material facts, or prac- ticed, or attempted to practice, any deception or fraud in his application, in his examination, or in securing his eligibility. Any person appointed to a position under the provisions of this act who has secured his place on the eligible list through fraud shall be removed by the commission from his position and shall not thereafter be eligible for examination for any position under the provisions of this act except by unanimous permission of the commission. May Require Bond. — When the position to be filled involves fiduciary responsibility, the appointing power may require the appointee to fur- 400 iiish a reasonable bond or other security, and shall notify the commis- sion of the amount and necessary details thereof. § 11. Temporary Appointments. — When there is no eligible list from which a position ma.y be filled, the appointing power may, with the consent of the commission, fill such position by temporary appoint- ment, and such temporary appointment shall not continue for a longer period than three months, nor shall successive temporary appointments be made to the same position under this section without the previous consent of the commission, and in no case shall any person hold a posi- tion under such successive temporary appointments for a longer period than six months without the unanimous consent of the commission. § 12. Emergency Appointments. — The commission shall establish rules and regulations under which emergency appointments may be made when those on the eligible lists are not immediately available, and for the time for which such emergency appointments shall be valid ; and may fix a different time for different counties or cities and coun- ties of the State. § 13. Promotions. — Vacancies in positions shall be filled, so far as practicable by promotion from among persons holding positions in a lower grade of the department, office or institution in which the vacancy exists. Promotions shall be based upon merit and competition and upon the superior qualifications of the person promoted as shown by his records of efficiency. For the purposes of this section an in- crease in the salary or other compensation of any person holding an office or position within the scope of the rules and regulations in force hereunder beyond the limit fixed for the grade in which such office and position is classified, shall be deemed a promotion. The commissions may authorize the transfer of any person legally holding a position to a similar position in the same class or grade, and may provide for the reinstatement within one year of persons separated from positions without fault or delinquency on their part, if within that time there is need for their services. No promotion, transfer or reinstate- ment shall be made from a position in one class to a position in another class, nor shall a person be transferred to or reinstated in a position for original entrance to which there is required by this act or the rules and regulations thereunder an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person. § 14. Tenure of Office. — The tenure of everyone holding a position under the provisions of this act shall be during good behavior, but any such person may be removed for any of the following causes: (a) Incompetency, or inefficiency. (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or of fellow employees, a viola- tion of the provisions of this act or of the rules and regulations of the commission or any other failure of good behavior. The appointing power that could fill such positions under the provisions of this act if CIVIL SERVICE ACT. 401 vacant or the commission may remove, as hereinafter provided, for such cause. Written Charges — Public Hearing. — The appointing power in so pro- ceeding must furnish to the person holding such position written charges setting forth such ground fior removal and file copy with the commission and allow the accused a reasonable time and opportunity to file with the commission and furnish to said appointing power written answer and explanation and thereafter said appointing power shall publicly hear and determine such charges after reasonable notice to the accused and the commission of the time and place of said hearing and affording the accused an opportunity at such hearing to present whatever competent evidence the accused may desire in defense. In case of charges pre- sented by or to the commission, it shall proceed in like manner. Judgment not Subject to Review. — A judgment of removal, in writ- ing, setting forth the findings of said appointing power after such hear- ing and filed with the commission, shall be final and effect such re- moval and shall not be subject to review by any other tribunal, except that in case of proceedings against the same person before both the appointing power and the commission the judgment against the accused by either the appointing power or the commission shall con- trol a judgment by the other in favor of the accused. Suspension. — Such appointing power may from time to time peremp- torily suspend, with loss of salary or other compensation during such suspension, such person for such cause, and without trial, but only upon written charges so furnished to such person and filed with the commission and with the privilege to such person to so furnish to the appointing power and file with the commission written answer and ex- planation, but such suspension or total suspensions by that appointing powder of that person shall not exceed thirty days. Either the appoint- ing power or the commission may transfer charges to the other for action or investigation. § 15. Emplojnnent of Laborers. — The commission shall provide by rule for the employment of laborers in the labor class in the order of priority of application for employment. There shall be separate lists of applicants for different kinds of labor, and the commission may provide separate labor registration lists for departments, institutions, districts or localities. The commission may require an applicant for registration to pass such examination as they may deem proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience. The commission shall establish such time as it may deem expedient for the duration of eligible lists in the labor class. § 16. Reports of Appointees, etc. — It shall be the duty of each appointing power to report to the commission forthwith upon each appointment the name of the appointee, the title or character of the position, the date of the commencement of such service, and the salary 26 402 hillyer's legal manual. or compensation therefor, and to report from time to time, and upon the date of official action in, or knowledge of each case, any separation of the person from the position, or other changes, and such other in- formation as the commission may require in order to keep the roster hereinafter mentioned. Official Roster. — The commission shall keep in its office an official roster of all persons holding positions under the provisions of this act and shall enter thereon the name of each and every person who has been appointed to, promoted, reduced, transformed, reinstated or re- moved from or left any position and require such evidence as it may deem satisfactory as to whether such person was appointed to, pro- moted, reduced, transferred, reinstated or removed from such position in accordance with the provisions of this act and the rules and regu- lations of the commission thereunder and as to when and why and how such person was otherwise separated from such position. The official roster shall show opposite, or in connection with, each name, the date of appointment, promotion, reduction, transfer or reinstatement, the compensation of the position, the date of commencement of service and change in or separation from position and when and why and how there was such change or separation. Names of Persons now Holding Positions to be Certified to Commis- sion. — The names of all persons holding positions at the time of the taking effect of this act wiiich if vacant would be filled under the pro- visions of this act shall be certified to the commission by the appointing power that could then so fill such position if vacant, and such names shall be entered in said roster, and thereupon shall be deemed ap- pointed under the provisions of this act and persons then holding such positions who have served in such positions a less period than one year and more than sixty days from the date of the classification of such positions as required by this act shall be deemed to be serving the pro- bationary period, and persons who have served in such positions for less than such sixty days shall be deemed temporary appointees. § 17. Commission to Certify to Pay-rolls Before Controller Issues Warrant. — It shall be unlawful for the controller or other fiscal officer of the State to draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other disbursing officer of the State for the payment of, or for the treasurer or other disbursing officer to pay any salary or compensation to anyone holding any posi- tion under the provisions of this act unless the estimate, pay-roll or account for such salary or compensation, containing the name of the person to be paid, shall bear the certificate of the commission that the persons named in such estimate, pay-roll or account are holding posi- tions as provided by this act and the rules and regulations prescribed thereunder. Any sums paid contrary to the provisions of this section may be recovered from anyone making such appointment in violation of the provisions of this act and of the rules and regulations prescribed thereunder or from any officer signing, or countersigning, or authoriz- CIVIL SERVICE ACT. 4:03 ing the signing or countersigning of any warrant for the payment of the same, and from the sureties on his official bond in an action in any court of competent jurisdiction of this State maintained by a citi- zen resident therein, who is assessed for and is liable to pay, or within one year before the commencement of such action has paid, a tax therein. All moneys recovered in any action brought under the pro- visions of this section must, when collected, be paid into the treasury of the State, except that the plaintiff in any such action shall be enti- tled to receive for his own use the taxable costs of such action. § 18. Penalty for False Marking, Grading, etc., of Persons Exam- ined. — Any commissioner or examiner, or any person who shall will- fully by himself or in co-operation with one or more persons, defeat, deceive or obstruct any person in respect to his or her right of exam- ination or registration, according to any rules or regulations prescribed pursuant to the provisions of this act, or w^ho shall willfully and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined, registered, or certified, pursuant to the provisions of this act, or aid in so doing, or who shall willfully make any false representation concerning the same, or concerning the person examined, or who shall willfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, regis- tered, or certified, or to be examined, registered, or certified, or who shall personate any other person, or permit or aid in any manner any other person to personate him, in connection wuth any examination or registration or application or request to be examined or registered, shall be deemed guilty of misdemeanor. § 19. Soliciting from Persons on Eligible List Prohibited. — No offi- cer, agent, clerk, or employee under the government of the State shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatever, from anyone on the eligible lists or holding any position under the provisions of this act. Political Assessment, Subscription or Contribution. — Every officer, agent, clerk or employee under the government of the State who may have charge or control in any building, office, or room occupied for any purpose of said government is hereby authorized to prohibit the entry of any person, and he shall not permit any person to enter the same, for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or contribution, and no person shall enter, or remain in any said building, office or room, or send or direct any letter or other notice thereto, for the purpose of giving notice of, demanding, or colleeting a political assessment, subscription or contribution, nor shall any person therein give notice of, demand, col- lect or receive, any such assessment, subscription or contribution con- trary to the provisions of this section. 404 HILLYER'S LEGAL MANUAL. § 20. Promise of Advancement for Political Influence Prohibited. — No one, while holding any public office, or in nomination for, or while seeking a nomination or appointment for, any public office, shall use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated) in the way of conferring upon any person, or in order to secure or aid any person in securing any position under the provisions of this act, either in nomination, confirmation, promotion, or increase in salary, or as to any change in any such position, upon a consideration or condition that the vote or political influence or action of the last-named person, or any other, shall be given or used in behalf of any candidate, officer, or party, or upon any other corrupt condition or consideration. And no one, being a public officer, or in nomination for, or while seeking nomination or appointment for any public office or having or claiming to have any authority or influence (whether then possessed or merely anticipated) for the securing or holding of or as to affecting any posi- tion under the provisions of this act, shall use, or promise or threaten to use, any such authority or influence, directly or indirectly, in order to coerce or persuade the vote or political action of any person on the eligible lists or holding any position under the provisions of this act § 21. No Salary to Persons Appointed in Violation of Act. — No salary, compensation or other emolument shall be paid to anyone appointed to or retained in any position in violation of this act. Any officer approving or paying such salary shall be liable for such sum on his official bond. Whenever the commission shall notify the audit- ing officer that any position has been filled in violation of this act or any of the rules and regulations thereunder, no demand for the salary or compensation or other emolument of such position shall be approved or paid except upon the order of a court of competent jurisdiction. § 22. Appointing Power must Pay Persons Accepting Appointment in Good Faith. — ^Any person acting in good faith in accepting appoint- ment or employment contrary to the provisions of this act or of the rules and regulations prescribed thereunder, shall be paid by the appointing power the compensation promised by or on behalf of the appointing power or in case no compensation is so promised then the actual value of any service rendered, and the expense incurred in good faith under such attempted appointment or employment, and shall have a cause of action against the appointing power for such sum or sums and for the costs of action. No public officer shall be reimbursed by the State or any of its instrumentalities for any sum so paid or recovered in such action. § 23. Political and Religious Recommendation. — No recommenda- tion or question or inquiry under the authority of this act shall relate to the political or religious opinions or affiliations of any person, and no appointment or change in or removal from any position under the provisions of this act shall be in any manner affected or influenced by such opinions or affiliations. CIVIL SERVICE ACT AND RULES. 405 § 24. Witness Fees. — Witnesses and officers to subpoena and secure the attendance of witnesses before the commission, or any com- missioner, or the chief examiner or other authorized agent of the commission, shall be entitled to the same fees as are allowed witnesses in civil cases in courts of record. Such fees need not be prepaid, but the controller shall draw his warrant for the payment of the amount thereof when the same shall have been certified to by the commission and duly proved by affidavit or otherwise to the satisfaction of the controller. § 25. Penalty. — Any person willfully violating any of the provi- sions of this act shall be guilty of a misdemeanor. § 26. Repealing Clause. — All acts and parts of acts inconsistent with this act are hereby repealed in so far as they are inconsistent with the provisions of this act. § 27. Appropriation. — There is hereby appropriated the sum of fifty thousand dollars for carrying into effect the provisions of this act, and for defraying the expenses of the commission during the bien- nial term of 1913-1914. GENERAL RULES OF THE STATE CIVIL SERVICE COMMISSION. RULE 1. APPLICANTS. § 1. Qualifications. — Applicants must be citizens of the United States, actual residents of California and at least twenty-one years of age, except in the case of messengers, who must be at least sixteen years of age, and clerks and stenographers, who must be at least eighteen years of age. § 2. Character and Fitness. — Every applicant must be of good char- acter, of temperate habits, and in all respects physically competent to perform the duties of the position applied for. RULE 2. APPLICATIONS. § 1. All applications must be made upon official blanks furnished by the Commission and filled out as therein directed. Separate appli- cations shall be made for — (a) Positions as laborers; (b) Positions in the trades and other skilled occupations ; (c) Positions requiring clerical, professional or scientific qualifica- tions. § 2. Applicants to Present Credentials. — ^Wherever written exam- inations are required, each applicant whose applications have been approved shall be notified through the post office of the time and place of the examination, and such notice shall be the credential of the applicant to take the examination. 406 hillyer's legal manual. § 3. Labor Applications. — ^Applicants for laborers* positions must not be over sixty years of age. Laborers shall be appointed according to priority of application, but all such applicants shall be examined as to age, residence, physical condition and experience, and must be found to be in good physical condition and with the capacity to per- form hard manual labor. Separate lists of applicants shall be miade for laborers for Sacra- mento, San Francisco, and Los Angeles. The names of those laborers on the list for Sacramento shall be drafted for positions nearest Sacra- mento ; names of those laborers on the list for San Francisco shall be drafted for positions nearest San Francisco; and the names of those laborers on the list for Los Angeles shall be drafted for positions nearest Los Angeles. "When any of these lists become exhausted, names can be certified from the other lists. All applications for laborers' positions must be on forms furnished by the Commission and shall take precedence according to their receipt in the office of the Commission at Sacramento ; each applica- tion being given a serial number in the order of its receipt by the Commission. RULE 3. APPLICATIONS NOT TO BE RETURNED. Applications and accompanying vouchers not returned for correc- tion shall remain on file in the office of the Commission and in no circumstance will be returned to applicants. RULE 4. EXAMINATIONS. § 1. Examinations to be Free. — All examinations shall be conducted under the supervision of the Commission without any cost or expense to any applicant, except for a medical certificate or examination when required. § 2. Questions Placed Under Seal After Approval. — All examina- tion questions shall be first approved by the Commission. The exam- ination questions after approval shall be securely sealed with the official seal of the Civil Service Commission. The seal shall not be broken until the beginning of the examination and then only in the presence of all the candidates at the examination and the authorized agent of the Civil Service Commission. § 3. Explanations. — ^All necessary explanations will be made to the whole class. No question will be explained to any individual candi- date. Examiners are fobidden to explain the meaning of, or to make remarks relating to, any question that may assist in its solution. § 4. Conversation During Examinations. — ^Communication between candidates during examination is strictly forbidden. § 5. Leaving the Examination-room. — ^During an examination no candidate will be permitted to leave the room, except in case of extreme necessity, and then only with a representative of the Commission. A luncheon recess may be allowed, however, at the direction of the Commission. CIVIL SERVICE RULES. 407 § 6. Limit of Time. — The limit of time prescribed for such exam- ination will be stated before the examination and shall begin to run when announcement is made by the examiner in charge. § 7. Helps. — Candidates are forbidden to receive aid from a fel- low candidate or to use helps in any form. Before the commencement of an examination candidates Avill be required to hand to the examiner any printed or written matter in their possession that might serve to aid them in the examination. Evidence of copying or collusion may result in the cancellation of examination papers and the debarment of the candidate from future examinations. Copies of the questions in the examination may not be made or taken from the examination-room. § 8. Rating of Examinations. — ^All examinations shall be rated on a scale of 100, and the relative weights of the different subjects, in- cluding experience, shall be determined by the Commission at the time of the announcement of the examination. § 9. Rating of Examination Papers. — Where written examinations are required they shall be so managed that no examination papers will disclose the name or identity of any applicant until all the examination papers shall have been marked. So far as practicable, questions on different subjects of examination shall be answered on separate sheets and all the answers on a given subject shall be rated by the same examiner. Where the number of examiners will permit, the answers shall be redistributed by subjects for review by other examiners after being rated in the first instance. Each candidate must write his name and address upon a declaration sheet which must have printed upon it a serial number, to be known as his examination number. The candidate shall mark upon each examination sheet his examina- tion number only. When the examination papers have been rated the declaration sheet shall be unsealed and the examination papers as- signed to the proper name of the person who wrote them. § 10. Identification Marks. — Any candidate in any examination who places an identification mark upon his examination papers, other than his serial number, may be deprived of all benefits under such examination. The following are marks of identification within the meaning of this rule : Name or address of the candidate ; any assumed or fictitious name or address ; any initials, lines or other characters that might in- dicate the identity of the candidate. § 11. Marking and Grading of Papers — Relative Weights, and Method of Determining Average Percentage. — The relative weight of each subject shall be fixed and announced by the Commission and all examination papers shall be marked and graded under the regulations of the Commission. When during the marking and grading of the papers it becomes apparent that a candidate, whose papers have been partially marked, would receive a general average percentage less than the minimum percentage for eligibility fixed by the Commission, or if the candidate receives less than the minimum percentage required by the Commission on a given subject, then such candidate shall be 408 hillyer's legal manual. considered as having failed and the marking of his papers need not be completed. The different subjects in each examination are given relative weights according to their importance. Those weights represent the value of each subject in the whole examination. The method of obtaining the average percentage of the examination is as follows: Multiply the rating obtained in each subject by the relative weight of that subject, add the products, and divide the sum of the products by the sum of the relative weights. The quotient thus obtained will be the average percentage for that examination. § 12. Minimum Standing. — Candidates shall be required to obtain a general average of not less than 70% in order to pass an examination. § 13. Notice of Result of Examinations. — As soon as the marking and grading of the papers shall have been completed and the eligible registers established, each candidate shall be notified through the post- office of his general average percentage and relative standing obtained upon examination. Where the marking of the examination papers has not been com- pleted because the candidate has failed in any given subject, he shall be notified of that fact. RULE 5. ELIGIBLE REGISTERS. § 1. Successful candidates shall be enrolled upon the register of eligibles in the order of their general average percentage upon ex- amination without regard to priority of application or examination, except that two or more candidates receiving the same percentage shall be enrolled according to priority of application. § 2. Successful candidates may be enrolled upon two or more eligible registers at the same time. RULE 6. CERTIFICATIONS. § 1. Vacancies. — Whenever a vacancy is to be filled the appoint- ing power shall notify the Commission of that fact, stating the duties of the position. § 2. Three Names to be Certified. — The Commission shall then certify to the appointing power the names and addresses of three persons who stand highest on the eligible list for the class or grade to which the position belongs. In case there are less than three upon such eligible list, the Commission shall certify the number thereof and the appointing power shall fill the position by the appointment of one of the persons certified by the Commission. If an appointing power have at the same time more than one vacancy in the same class and grade to be filled, the Commission shall certify in the manner previously set forth as many names as there are va- cancies and two names in addition to the total number of such vacancies if there be that number of names on the register. The appointing power shall fill the first vacancy by the selection of one of the highest three elig^ibles so certified. The second and any CIVIL SERVICE RULES. 409 succeeding vacancy shall be filled, in like manner by selection in turn from the highest three remaining names. If, in any case indicated, there be no additional name or names on the register, or if the number of names which can be certified or vrhich are finally available for appointment be less than the number specified in this rule but at least equal to the number of vacancies to be filled, then the required selection shall be made from the names certified and available. § 3. Next in Rank After Waiver. — Whenever an eligible has been certified to the appointing power, and such eligible waives appoint- ment, the Secretary shall forthwith notify the appointing power of such waiver and certify the next highest eligible, whereupon said next highest eligible shall have the same standing as though originally certified. § 4. New Positions. — Whenever a new position is created, the appointing power who may fill such position shall immediately make requisition upon the Civil Service Commission for an eligible to fill the position, and shall at the same time furnish the Civil Service Com- mission with a detailed statement of the duties attached to said posi- tion. It shall then be the duty of the Civil Service Commission to classify said position and to certify eligibles in accordance with the provisions of section 2 of this Rule. § 5. Examination Papers to be Forwarded With Certification. — Upon certifying eligibles to any appointing power to fill a vacancy, the examination papers of the eligibles shall be transmitted with the notice of certification if required by the appointing power. Within ten days thereafter all examination papers must be returned to the Commission by the appointing power. RULE 7. FAILURE TO RESPOND. § 1. Any eligible who fails to respond within a reasonable time after notice has been sent him to report for duty will be stricken from the eligible register, unless, within thirty days from the date of the notice sent him, he presents reasons satisfactory to the Commission for his failure to report. When the eligible resides in the city from which the notice has been sent, three days shall be deemed a reasonable time in which to respond. When the eligible resides in some other city or county, the time con- sumed in transmission of the letter to his place of residence and return shall be added to the three days. § 2. Any eligible who fails to respond within a reasonable time after any notice sent him by the Commission requiring an answer will be stricken from the eligible register, but may be restored if at any time during the period of his eligibility he presents reasons satisfac- tory to the Commission for his failure to respond. RULE 8. DECLINATION AND WAIVER OF CERTIFICATION. § 1. An eligible may at any time have his name temporarily with- drawn from the eligible register upon giving reasons in writing satis- 410 HILLYER'S LEGAL MANUAL. factory to the Commission, and may be restored thereto at the dis- cretion of the Commission upon making application in writing during the period of his eligibility. § 2. An eligible may, when his name is reached for appointment to a temporary position, waive certification without losing his position upon the eligible register. A temporary position is one that will last for less than six months. § 3. Whenever an eligible has indicated in his application for ap- pointment the locality or institutions in which he will accept employ- ment, he may decline certification to positions in other localities or institutions, without losing his position upon the eligible register. An eligible may decline appointment after certification without los- ing his position upon the eligible register for any reason satisfactory to the Civil Service Commission. In the event of an absolute refusal of a permanent position by an eligible for reasons that are not satisfactory to the Civil Service Com- mission, his place upon the eligible register shall be declared vacant and his name shall be removed therefrom. The Commission may in its discretion, however, restore his name to the eligible register for the remaining period of his eligibility upon his written application therefor. RULE 9. APPOINTMENTS. § 1.. Probationer. — A probationer is one in office more than sixty days previous to classification by the Civil Service Commission, Novem- ber 14, 1913, and also less than a year previous to August 15, 1913i; or one who having been certified and appointed after examination has been employed less than six months. The probationary period for any appointment is hereby fixed at six months. § 2. Permanent Appointments. — A permanent appointee is one who was in office August 15, 1913, and who had been employed for more than one year previous to that date, or one who, having been a pro- bationer, has served more than the required probationary period of six months. § 3. Temporary Appointments. — A temporary appointee is one who has been appointed to office after August 15, 1913, without examina- tion, and with the previous consent of the Commission. Whenever a position is to be filled, the appointing power must make application in writing to the Civil Service Commission to fill the same by the certification of three eligibles in accordance with section 12 of the Civil Service Act. When there are no eligibles from Avhich to fill the position, the Civil Service Commission may authorize the appointing power to fill such positions by temporary appointment at least not exceeding ninety days from the date of appointment. Until such permission has been given, no authority exists in the appointing power to make a temporary appointment. Pending the holding of examinations for the various positions in the State Civil Service, it will be necessary for positions to be filled by CIVIL SERVICE RULES. 411 temporary appointment. All contemplated appointments for at least three months should be included in the request for certification of eligibles to the appointing power. The Civil Service Commission v^^ill then pass on the applications and notify the appointing power in writ- ing of the certification of eligibles, or of its permission to make tem- porary appointments. If the permission is granted, then, and not until then, the appointing power may make legal appointments. Upon making the appointment it will be incumbent upon the appoint- ing power to notify the Commission, naming the appointee, the title and character of the position, the date of commencement of service, and salary or compensation thereof, as required by section 16 of the Civil Service Act. § 4. Emergency Appointments. — Emergency appointments are those made notwithstanding there may be an eligible list, for the reason that eligibles are not immediately available. In certain departments of the State men are employed and discharged almost daily, but they are at such great distance from the heads of their departments that in some cases word cannot be got either to or from them for several days. In order to prevent the stoppage of public business when the necessity of making short-time appointments exists, permission is hereby granted to the appointing power in any department of the State Civil Service to make emergency appointments for not more than fifteen days. The name of the appointee, the duties, the position, the nature of the emergency and the further data required by section 16, of the Civil Service Act must be mailed to the State Service Com- mission. "Where the appointing power is sufficiently near Sacramento to make application for a temporary appointment w4th the previous consent of the Commission, a resort to emergency appointments will be deemed an abuse of the privilege of this rule. Emergency appointments may not be continuous. RULE 10. REPORT OF APPOINTMENT. Whenever the names of three eligibles have been certified to the ap- pointing power to fill a vacancy, it shall be the duty of the appointing power to make the appointment forthwith. It shall also be the duty of the appointing power to make immediate report to the Commission of the fact of appointment. RULE 11. EFFICIENCY RECORDS. In all offices and places of employment subject to the Civil Service Act, the appointing power shall make records of the individual ef- fieney of holders of positions in performing their duties, and shall file such records monthly with the Civil Service Commission on or before the fifth day of the month for the calendar month preceding. The efficiency records shall be rated upon: 1st. Quality — meaning the ability of an employee to perform the task to which he or she is assigned, and the degree of ex- cellence attained in its performance. 412 hillyer's legal manual. When temperamental qualities determine the usefulness of em- plojsees, as in the case of teachers in a reform school, or nurses in an institution, ''temperamental aptitude" shall be rated under "quality." 2d. Quantity — meaning amount of work done. 3d. Discipline — including treatment of the public, treatment of fel- low employees, sobriety, and obedience to rules. 4th. Attendance — including absence and punctuality. Quality, quantity, and discipline shall be rated on a percentage basis. The grading shall be as follows: For excellent or exceptional work 90 — 100 For good or thoroughly satisfactory work 80 — 90 For fair or not wholly satisfactory work 70 — 80 For poor or unsatisfactory work 70 and below Eighty-five (85%) per cent is arbitrarily taken by the Civil Service Commission as the marking for an average employee doing thoroughly satisfactory work. ^ The records for attendance shall be a statement of the number of times tardy, the number of days or parts of days absent. Where markings above 90 or below 70 are reported, an explanation should accompany, stating briefly the reason therefor. The Civil Ser- vice Commission retains the right to investigate such ratings before entering it upon its records. If the net efficiency of any employee falls below 70 for any one month, the Secretary of the Commission may file a charge for ineffi- ciency against such employee with the Civil Service Commission. If such charge is filed, it shall be the duty of the Civil Service Commis- sion to try the said employee for inefficiency. If, after such trial, it shall find the rating to be just, the Civil Service Commission shall enter judgment, removing the said employee from the Civil Service of the State of California, and his name shall be stricken from the list of eligibles. In case the net efficiency of any employee shall fall below 80 con- tinuously for three months, the Commission may reduce the salary or grade of such employee. The efficiency records of any office or department shall be made upon a letter-size form, at the left of which shall be a column for the names of the employees in the said office or department arranged alphabeti- cally. In the first column to the right of the names shall be written the name of the position; in the second column the salary paid; in the third column shall be rated the attendance, and it shall be in a double subcolumn, in the first subcolumn of which shall be recorded the number of times tardy, and in the second subcolumn shall be recorded the number of days absent; in the fourth column shall be rated discipline ; in the fifth column shall be rated quality of work ; in the sixth column shall be rated the quantity of work ; and three and one-half inch columns shall be left at the extreme right for the use of the Civil Service Commission. CIVIL SERVICE RULES. 413 The appointing power shall require the immediate supervisor of the persons whose efficiency records are being made up to certify to the appointing power, the record for the quantity and quality of work, discipline and attendance. From the record thus transmitted to the appointing power or its authorized agent by the said immediate supervisor, the appointing power or its authorized agent shall cause to be made the entries in the efficiency records to be submitted to the Civil Service Commission. A copy of said record shall be kept in the office of the appointing power. RULE 12. LEAVE OF ABSENCE. Upon application to the Civil Service Commission, a civil service ap- pointee may be granted a leave of absence for a period of more than one month and not to exceed six months without prejudice to his status, provided such application shall have first been approved by the ap- pointing power in the department in which the applicant is employed. The appointing power may grant a leave of absence to a eivil service employee for thirty days or less without first securing the approval of the Civil Service Commission. RULE 13. ABSENCE WITHOUT LEAVE. § 1. Absence from duty without leave for any time will be con- sidered good cause for dismissal. § 2. Absence from duty without leave for ten consecutive days shall be deemed a resignation from the service by the absentee, and upon the report of such absence by the appointing power to the Civil Service Commission the absentee shall be removed from the service of the State and the fact of removal shall be entered in the official roster ; provided, that if at any time within thirty days the person so absent- ing himself shall make satisfactory explanation to the Civil Service Commission of the cause of his absence, he shall be restored to his position. RULE 14. REDUCTION IN FORCE. Whenever for lack of work, or funds, or for purposes of retrench- ment, or other causes, it becomes necessary to reduce the number of employees in a given class, the employees in that class shall be laid off according to their records of efficiency as established under the Rules and Regulations of the Civil Service Commission, the least effi- cient to be laid off first. Any employee who has been laid off and has received not less than eighty per cent on his efficiency record shall be restored to the eligible register according to his original examination; or, in case the employee was a permanent employee or a probationer on November 14, 1913, then his eligibility shall be rated according to the length of employ^ ment, the oldest employees in point of service being rated highest. The period of eligibility, in all cases, shall begin to run from the date of restoration to the eligible register. If no efficiency records have been required at the time of the reduc- tion in force, lay-offs may be made in the discretion of the appointing 414 power, provided that permanent employees shall not be laid off while work is being performed by probationers or temporary employees of a character for which the permanent employee is fitted. If efficiency records have been required and the employee has re- ceived less than eighty per cent therein, he shall not be restored to the eligibility register. Preference shall always be given to the oldest employees in length of service in recertification after lay-offs. RULE 15. TRANSFER. Transfers, as provided by section 13 of the Civil Service Act, may be made by the appointing power only with the. previous consent of the Civil Service Commission. Persons holding positions in the service of the State on August 15, 1913, who are under the, protection of the Civil Service Law, may be assigned to any other positions which they are capable of filling, pro- vided such transfer shall be recommended by the appointing power and approved by the Civil Service Commission. Eligibles appointed after examination to fill a position in a given class may not be transferred to positions in another class. RULE 16. REINSTATEMENT. Any person may within one year be reinstated to any position from which he has been separated without fault or delinquency on his part upon petition to and favorable action by the Civil Service ComTaission. RULE 17. PROMOTION. § 1. Method of Promotion. — Vacancies in positions, unless filled by reinstatement or transfer, shall be filled as far as practicable by pro- motion from among persons holding positions in the next lower grade of the department, office or institution in which the vacancy exists. An increase of salary beyond the grade of the position occupied shall be deemed a promotion. Promotion shall be based upon merit determined by competitive ex- amination and by the superior qualifications of the person promoted, as shown by his record of efficiency. Applicants for promotional ex- amination shall register in the office of the Commission at least three days before the date fixed for the examination. The recommendation of the appointing power, with reasons for the recommendation, shall be a factor in all promotional examinations, and shall be given a rating to be determined by the Commission upon the announcement of the examination. Whenever a vacancy is to be filled by promotion, and the number of applicants in the next lower grade who present themselves for ex- amination are so few that in the judgment of the Commission the good of the public service requires that such promotion shall be open to all employees in the lower grade of that class, it shall so declare and notify all employees in such lower grades that such examination will CIVIL SERVICE RULES. 415 be held and of their eligibility, and shall proceed to hold an original competitive examination to such positions. RULE 18. TRIALS AND DISMISSALS. § 1. Charges under section 14 of the Civil Service Act may be made by the appointing power or its representative, the Civil Service Commission or its representative, or any citizens. Such charges shall be tried either by the appointing pov^er of the Civil Service Commission, and shall be instituted by serving upon the defendant a written complaint setting forth the grounds for removal with such particularity as shall enable the defendant to understand clearly the charges made against him, and filing with the Civil Ser- vice Commission a copy thereof. Within ten days after service upon him of the complaint, the defend- ant shall file with the Commission and furnish to the prosecutor a written answer thereto. The appointing power, in case the charges are to be heard by it, shall then notify the defendant and the Civil Service Commission of the time and place of hearing of said charges, and in case the Civil Service Commission shall hear said charges, it shall notify the defend- ant and the prosecutor of the time and place of hearing said charges. The time of hearing shall not be less than five nor more than ten days from the service upon the prosecutor of the answer of the de- fendant. The defendant at such hearing shall have opportunity to present whatever competent evidence he may desire in his own defense and shall have the right to be represented by counsel. Failure to file an answer within the time allowed shall be construed as an admission of the truth of the charges by the defendant, and judgment of re- moval shall be entered forthwith and filed with or by the Commission. Either the appointing power or the Commission may transfer charges to the other for action or investigation. § 2. The hearing of charges may be by the Commission, any Com- missioner, chief examiner or any other agent of the Commission as it may direct, or the appointing power. § 3. Any Civil Service appointee dismissed from employment after trial shall be removed forthwith from all eligible lists and shall not be eligible for examination thereafter without the consent of the Com- mission. Any eligible or appointee convicted of a felony shall be dis- missed from the service of the State and shall have his name stricken from all eligible registers. RULE 19. REGULAR AND SPECIAL MEETINGS. Regular meetings shall be held on the first Tuesday of every month in the office of the Commission at the State Capitol, Sacramento, at 9 o'clock A. M. Special meetings may be called at any time by the President or by a a majority of the Commissioners, provided forty-eight hours' notice 416 of such special meeting be given to all members of the Commission. A notice of each special meeting shall state the business for which said meeting is called, but any other business may be transacted at such meeting. Ordinary parliamentary rules shall govern the delib- erations of the Civil Service Commission. RULE 20. PUBLIC INSPECTION. All the books, records, answers and papers pertaining to examina- tions or other proceeding shall be open to the inspection of any citizen. RULE 21. AMENDMENTS TO RULES. The rules of the Civil Service Commission may be amended at any meeting. GENERAL INSTRUCTIONS FOR THE FORMATION OF NEW BUILDING AND LOAN ASSOCIATIONS. Plan of Fomiation. — Associations may be formed on either of the three following plans : — First. — Mutual associations in the old form with withdrawable stock, both installment and full paid. Second. — Mutual associations under section 648a of the Civil Code with withdrawable membership shares, both installment and full paid, having a paid-up or ultimate matured installment value of $100 or $200 per share, with all the rights, powers and privileges, and subject to all the restrictions and liabilities provided for shares of authorized capital stock of similar classes. Third. — Associations with a guarantee capital, and also authorized to issue membership shares or certificates, both installment and full paid, as provided for in section 648a of the Civil Code. Articles of Incorporation. — The ordinary forms of articles of incor- poration may be used, but the second, sixth and seventh subdivisions of the articles must be practically in the following forms, depending upon the plan of organization. Statement of Purposes. — The purposes for which formed, irre- spective of the style of incorporation, should conform to the follow- ing as regards the "second*' subdivision: ''Second: The purposes for which it is formed are: To encourage industry, frugality, home-building and savings among its sharehold- ers, members and others; the accumulation of savings; the loaning to its shareholders, members and others of the money or funds so accumu- lated, with the profits and earnings thereon, and the repayment to each of his savings and profits whenever they have accumulated to the full par value of the shares or certificates, or at any time when he shall desire the same or when the corporation shall desire to repay the same, in the manner provided by law or as may be provided in the by-laws; and it is also formed for all the purposes and with all the BUILDING AND LOAN ASSOCIATIONS. 417 powers, rights and privileges specified in sections 633 to 648a, in- clusive, of Title XVI, Part IV, Division I of the Civil Code of the State of California." Capital. — // formed with a gxmrantee capital, the sixth subdivision is : ''Sixth: That the amount of the capital stock of said corporation is thousand ( ) dollars, and the number of shares into which it is divided is (......), of the par value of one hundred (100) dollars each, all of which, when issued, shall be set apart as a fixed, permanent and guarantee capital." Mutual Plan. — If formed on the mutual plan without capital stock of any kind, then the sixth subdivision should read as follows : ' ' Sixth : That this corporation is formed without capital stock, and the working capital shall be accumulated by the issue of membership shares, units or certificates having a paid-up or ultimate matured in- stallment value of $100 each, and entitled to all the rights, powers and privileges, and subject to all the restrictions and liabilities provided in Title XVI, Part IV, Division I of the Civil Code, for shares of author- ized capital stock of similar classes." If formed in this manner the ''seventh" subdivision should read in part as follows : "Seventh: That the number of said membership shares which have actually been subscribed is , and that the ultimate matured value of said membership shares as subscribed is dollars, and the following are the names of the persons by whom the same have been subscribed, to wit:" Name. — Before preparing the articles of incorporation, the name selected should be submitted to the Secretary of State with the re- quest that he advise if such name is available. The words "savings," "trust" or "trustee" must not be used as a part of any name selected. Approval of Articles. — After the articles of incorporation are pre- pared and before being executed a copy must be submitted to this office for approval. Approval of By-laws. — After the articles of incorporation have been executed and filed and the certificate of incorporation received from the Secretary of State, the board of directors named should proceed to organize for business and arrange for the adoption of a code of by-laws for the government of the association. Such by-laws, after being prepared, must be submitted to this office for approval and only such that are approved by this office can be adopted. Application for License. — The by-laws being adopted, a copy of the articles of incorporation certified by the secretary as being correct, and a copy of the by-laws as adopted, certified in the same manner, must accompany the application to this office for a license. With that application there must be filed with this office a list of the sub- scribers to the capital stock or to the shares, giving the names and the amount subscribed by each. 27 418 hillyer's legal manual. ' Paid-in Capital. — ^If formed with a guarantee capital, the amount of such capital authorized should not be less than $10,000, and the amount of such actually paid in should not be less than fifty per cent or $5,000. Subscription to Mutual Shares. — If formed on the mutual plan, either with shares of capital stock, withdrawable, or with membership shares, the amount of such subscriptions must show a bona fide sub- scription of not less than five hundred installment shares with a monthly payment thereon of not less than fifty cents, thereby insur- ing at least a monthly income from that source of not less than $250. Issuance of License — Fees. — These conditions being complied with and being found satisfactory, a license will be issued for the current calendar year, the minimum payment for which for the full year or for ten months or more will be $10. For an unexpired portion of a year less than ten months, the payment required by law is $1 per month for the unexpired portion, payable in advance. INDUSTRIAL ACCIDENTS— EMPLOYER'S LIABILITY. (Constitutional Provision.) The legislature may by appropriate legislation create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment irrespective of the fault of either party. The legislature may provide for the settlement of any disputes arising under the legis- lation contemplated by this section, by arbitration, or by an industrial accident board, by the courts, or by either any or all of these agencies, anything in this constitution to the contrary notwithstanding. (Arti- cle XX, section 21. Adopted October 10, 1911.) WORKMEN'S COMPENSATION INSURANCE AND SAFETY ACT. § 1. Act, How Cited. — This act shall be known, and may be cited, as the "workmen's compensation, insurance and safety act," and shall apply to the subjects mentioned in its title. § 2. Terms Construed. — The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows : (1) Commission. — The term "commission" means the industrial accident commission of the State of California. (2) Commissioner. — The term "commissioner" means one of the members of the commission. (3) Compensation. — The term "compensation" means compensation under this act and includes every benefit or payment conferred by INDUSTRIAL ACCIDENTS. 419 sections 12 to 36, inclusive, of this act upon an injured employee, or in the event of his death, upon his dependents, without regard to neg- ligence. (4) Damages. — The term ''damages" means the recovery allowed in an action at law as contrasted with compensation under this act. (5) Person. — The term ''person" includes an individual, firm, vol- untary association or a corporation. (6) Insurance Carrier. — The term "insurance carrier" includes the state compensation insurance fund herein created and any private company, corporation or mutual association authorized under the laws of this State to insure employers against liability for compensation under this act. (7) Compensation Provisions. — The phrase "compensation provi- sions of this act" means and includes sections 12 to 35, inclusive, of this act. (8) Safety Provisions. — The phrase "safety provisions of this act" means and includes sections 51 to 72, inclusive, of this act. (9) Gender. — Whenever in this act the singular is used the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included. § 3. Powers, Duties and Functions of Commission — Term — Salary — Oath. — There is hereby created a board to consist of three members who shall be appointed by the governor from the State at large and which shall be known as the "industrial accident commission" and shall have the powers, duties and functions hereinafter conferred. Within thirty days prior to the first day of January, 1914, the gov- ernor shall appoint the three members of said commission, one for the term of two years, one for the term of three years and one for the term of four years. Thereafter, the term of office of each commissioner shall be four years. Vacancies shall be filled by appointment in the same manner for the unexpired term. Each commissioner shall receive an annual salary of five thousand dollars. Each commissioner shall before entering upon the duties of his office, take and subscribe the constitutional oath of office. § 4. Chairman— Quorum — Act of Majority Deemed Act of Commis- sion, — The commission shall organize by choosing one of its members as chairman, A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power or authority of the commission. A vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exercise all the power and authority of the commission. The act of the majority of the commis- sion, w^hen in session as a commission, shall be deemed to be the act of the commission, but any investigation, inquiry or hearing, which the commission has power to undertake or to hold, may be undertaken or held by or before any member thereof or any referee appointed by the 420 hillyer's legal manual. commission for that purpose, and every finding, order, decision, or award made by any commissioner or referee, pursuant to such inves- tigation, inquiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be deemed to be the finding, order, decision or award of the commission. § 5. Seal. — The commission shall have a seal, bearing the following inscription: ''Industrial accident commission State of California, seal." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal. § 6. Office in San Francisco and Los Angeles. — The commission shall keep its principal office in the city and county of San Francisco, and shall also keep an office in the city of Los Angeles, and shall provide itself with suitable rooms, necessary office furniture, stationery and other supplies. For the purpose of holding sessions in other places, the commission shall have power to rent temporary quarters. § 7. Powers. — The commission shall have full power and authority: (1) Attorney. — To appoint as its attorney an attorney at law of this State, who shall hold office at the pleasure of the commission. It shall be the right and the duty of the attorney to represent and appear for the people of the State of California and the commission in all actions and proceedings involving any question under this act or under any order or act of the commission and, if directed so to do by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved ; to commence, prosecute and expe- dite the final determination of all actions or proceedings, civil or criminal, directed or authorized by the commission; to advise the commission and each member thereof, when so requested, in regard to all matters in connection with the jurisdiction, powers or duties of the commission and members thereof; and generally to perform all duties and services as attorney to the commission which may be re- quired of him. (2) Secretary. — To appoint, and it shall appoint, a secretary, who shall hold office at the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the pro- ceedings of the commission, to issue all necessary processes, writs, warrants and notices which the commission is required or authorized to issue, and generally to perform such other duties as the commission may prescribe. The commission may also appoint such assistant secretaries as may be necessary and such assistant secretaries may perform any duty of the secretary, when so directed by the commission. (3) Manager of State Compensation Insurance Fund — Bond. To appoint a manager of the state compensation insurance fund who shall hold office at the pleasure of the commission. It shall be the duty of such manager to manage, supervise and conduct, subject to the general direction and approval of the commission, the business INDUSTRIAL ACCIDENTS. 421 and af¥airs of the state compensation insurance fund and to perform such other duties as the commission may prescribe. Before entering on the duties of his office, he must give an official bond in the sum of $50,000, and take and subscribe to an official oath. Said bond must be approved by the commission, by written indorsement thereon, and be filed in the office of the secretary of state. (4) Superintendent of Department of Safety. — To appoint a super- intendent of the department of safety, who shall hold office at the pleasure of the commission, and who shall perform such duties as the commission shall prescribe. (5) Other Employees. — To employ such other assistants, officers, experts, statisticians, actuaries, accountants, inspectors, referees and other employees, as it may deem necessary to carry out the provisions of this act, or to perform the duties and exercise the powers conferred by law upon the commission. § 8. Salaries and Compensation — Expenses. — All officers and em- ployees of the commission shall receive such compensation for their services as may be fixed by the commission and shall hold office at the pleasure of the commission and shall perform such duties as are im- posed on them by law or by the commission. The salaries of the mem- bers of the commission, its attorney, secretary and assistant secretary, as fixed by law or the commission, shall be paid in the same manner as are the salaries of other State officers. The salary or compensation of every other person holding office or employment under the commis- sion, as fixed by law or by the commission, shall be paid monthly, after being approved by the commission, upon claims therefor to be audited by the state board of control. All expenses incurred by the commis- sion pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the members thereof, its officers and employees, incurred while on business of the commission, either within or without the state, shall, unless otherwise provided in this act, be paid from the funds appropriated for the use of the commission, after being approved by the commis- sion, upon claims therefor to be audited by the board of control; pro- vided, however, that no such expenses incurred outside of the state shall be allowed unless prior authorization therefor be obtained from the board of control. § 9. Apportionment Between Departments. — In all cases in which salaries, expenses or outgoings of one department under the jurisdic- tion of the commission are expended in whole or in part on behalf of another department the commission may apportion the same between such departments. § 10. Blank Forms— Minutes— Book of Awards.— The commission shall cause to be printed and furnished free of charge to any employer or employee, or other person, such blank forms as it shall deem requisite to facilitate or promote the efficient administration of this 422 hillyer's legal manual. act; it shall provide a book in which shall be entered the minutes of all its proceedings, a book in which shall be recorded all awards made by the commission and such other books or records as it shall deem requisite for the proper and efficient administration of this act ; all such records to be kept in the office of the commission. § 11. Further Powers. — The commission shall also have power and authority : (1) Fees. — To charge and collect the following fees: for copies of papers and records not required to be certified or otherwise authenti- cated by the commission, ten cents for each folio ; for certified copies of official documents and orders filed in its office or of the evidence taken on proceedings had, fifteen cents for each folio, (2) Reports and Pamphlets. — To publish and distribute in its dis- cretion from time to time, in addition to its annual report to the gov- ernor of the State, such further reports and pamphlets covering its operations, proceedings and matters relative to its work as it ma}^ deem advisable. (3) Charges for Publications. — To fix and collect reasonable charges for publications issued under its authority. (4) Disposition of Fees. — The fees charged and collected under this section shall be paid monthly into the treasury of the State to the credit of the "industrial accident fund" and shall be accompanied by a detailed statement thereof. § 12. Conditions of Compensation. — (a) Liability for the compen-. sation provided by this act, in lieu of any other liability whatsoever, shall, without regard to negligence, exist against an employer for any personal injury sustained by his employees by accident arising out of and in the course of the employment and for the death of any such employee if the injury shall proximately cause death, in those cases where the following conditions of compensation concur: (1) Where, at the time of the accident, both the employer and em- ployee are subject to the compensation provisions of this act. (2) Where, at the time of the accident, the employee is performing service growing out of and incidental to his employment and is acting within the course of his employment as such. (3) Where the injury is proximately caused by accident, either with or without negligence, and is not so caused by the intoxication or the willful misconduct of the injured employee. (b) Right — Exclusive When. — Where such conditions of compen- sation exist, the right to recover such compensation pursuant to the provisions of this act, shall be the exclusive remedy against the employer for the injury or death except that when the injury was caused by the employer's gross negligence or willful misconduct and such act or failure to act causing such injury was the personal act or failure to act on the part of the employer himself, or if the employer be a partnership on the part of one of the partners, or if a INDUSTRIAL ACCIDENTS. 423 corporation, on the part of an elective officer or officers thereof, and such act or failure to act indicated a willful disregard of the life, limb, or bodily safety of employees, any such injured employee may, at his option, either claim compensation under this act or maintain an action at law for damages. (c) Where Conditions Do not Concur. — In all other cases where the conditions of compensation do not concur, the liability of the em- ployer shall he the same as if this act had not been passed. § 13. Term "Employer." — The term "employer" as used in sec- tions 12 to 35, inclusive, of this act shall be construed to mean: The state, and each county, city and county, city, school district and all public corporations therein, and every person, firm, voluntary asso- ciation, and private corporation, (including any public service corpo- ration) who has any person in service under any appointment or contract of hire, or apprenticeship, express or implied, oral or writ- ten, and the legal representatives of any deceased employer. § 14. Term * * Employee. ' ' — The term ' ' employee ' ' as used in sections 12 to 35, inclusive, of this act shall be construed to mean : every person in the service of an employer as defined by section 13 hereof under any appointment or contract of hire or apprenticeship, express or implied, oral and written, including aliens and also including minors, but exclud- ing any person whose employment is both casual and not in the usual course of the trade, business, profession or occupation of his employer, and also excluding any employee engaged in farm, dairy, agricultural, viticultural or horticultural labor, in stock or poultry raising or in household domestic service. § 15. Schedule of Compensation. — Where liability for compensa- tion under this act exists such compensation shall be furnished or paid by the employer and be as provided in the following schedule : (a) Treatment, Supplies and Apparatus. — Such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches and apparatus, as may reasonably be re- quired at the time of the injury and within ninety days thereafter, to cure and relieve from the effect of the injury, the same to be provided by the employer, and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the employee in providing the same. (b) Disability Indemnity. — 1. If the accident causes disability, a disability indemnity which shall be payable for one week in advance as wages on the fifteenth day after the injured employee leaves work as a result of the injury, and thereafter on the employer's regular pay- day, but not less frequently than twnce in each calendar month, unless otherwise ordered by the commission, subject, however, to the follow- ing limitations: (1) If the period of disability does not last longer than two weeks from the day the employee leaves work as the result of the injury, no disability indemnity whatever shall be recoverable. 424 (2) If the period of disability lasts lonti^er than two weeks from the day the employee leaves work as the result of the injury, no disability indemnity shall be recoverable for the first two weeks of such dis- ability. 2. Measure of Indemnity. — The disability indemnity payable shall be as follows: (1) Temporary Total Disability. — If the accident causes temporary total disability, sixty-five per cent of the average weekly earnings during the period of such disability; (2) Temporary Partial Disability. — If the accident causes tempo- rary partial disability, sixty-five per cent of the weekly loss in wages during the period of such disability ; (3) Temporary Disability at Times Total and at Times Partial.— If the temporary disability caused by the accident is at times total and at times partial, the weekly disability indemnity during the periods of each such total or partial disability shall be in accordance with paragraphs (1) and (2) of this subdivision respectively; (4) Aggregate Indemnity for Temporary Disability. — Paragraphs (1), (2) and (3) of this subdivision shall be limited as follows: aggre- gate disability indemnity for a single injury causing temporary dis- ability shall not exceed three times the average annual earnings of the employee, nor shall the aggregate disability period for such tempor- ary disability in any event extend beyond two hundred forty weeks from the date of the accident. (5) Permanent Disability. — If the accident causes permanent dis- ability, the percentage of disability to total disability shall be deter- mined and the disability indemnity computed and allowed as follows: for a ten per cent disability, sixty-five per cent of the average weekly earnings for a period of forty weeks; for a twenty per cent disability, sixty-five per cent of the average weekly earnings for a period of eighty weeks; for a thirty per cent disability, sixty-five per cent of the average weekly earnings for a period of one hundred twenty weeks ; for a forty per cent disability, sixty-five per cent of the aver- age weekly earnings for a period of one hundred sixty weeks; for a fifty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred weeks; for a sixty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks; for a seventy per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks, and thereafter ten per cent of such weekly earnings during the remainder of life ; for an eighty per cent dis- ability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks, and thereafter twenty per cent of such weekly earnings during the remainder of life; for a ninety per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks and thereafter thirty per cent of such weekly earnings during the remainder of life ; for a hundred per INDUSTRIx\L ACCIDENTS. 425 cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks and thereafter forty per cent of such weekly earnings during the remainder of life, (6) Permanent Disabilities Intermediate to Foregoing Schedule. — The indemnity for permanent disabilities intermediate to those fixed by the foregoing schedule shall be computed and allowed as follows: if under seventy per cent, sixty-five per cent of the average weekly earnings for four weeks for each one per cent of disability ; if seventy per cent or over, sixty-five per cent of the average weekly earnings for two hundred forty weeks and thereafter one per cent of such weekly earnings for each one per cent of disability in excess of sixty per cent to be paid during the remainder of life. (7) Nature of Injury — Disfigurement — Occupation and Age. — In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occu- pation of the injured employee and his age at the time of such injury. (8) Total Incapacity Due to Illness Resulting from Injury. — Noth- ing contained in the foregoing schedule of permanent disability indemnity shall be held to limit the amount of compensation recover- able for any such permanent injury during any period of total inca- pacity due to illness resulting from that injury, but any sum so received shall be deducted from the compensation payable in accord- ance with the said schedule. (9) Permanent Disabilities Conclusively Presumed to be Total. — The following permanent disabilities shall be conclusively presumed to be total in character: Loss of both eyes or the sight thereof; loss of both hands or the use thereof ; an injury resulting in a practically total paralysis; an injury to the brain resulting in incurable imbecil- ity or insanity. In all other cases, permanent total disability shall be determined in accordance with the fact. 3. Death of Employee not to Affect Accrued and Unpaid Compensa- tion. — The death of the injured employee shall not affect the liability of the employer under subsections (a) and (b) of this section, so far as such liability has accrued and become payable at the date of the death, and any accrued and unpaid compensation shall be paid to the dependents, if any, without administration, or if there are no depend- ents, to the personal representatives of the deceased employee or other person entitled thereto, but such death shall be deemed to be the termination of the disability. (c) Death Benefit. — If the accident causes death, either with or without disability, a death benefit which shall be payable in install- ments equal to sixty-five per cent of the average weekly earnings of the deceased employee, upon the employer's regular pay-day, but not less frequently than twice in each calendar month, unless otherwise ordered by the commission, which death benefit shall be as follows: (1) Where Deceased Employee Leaves Persons Wholly Dependent. — In case the deceased employee leaves a person or persons wholly depend- 426 hillyer's legal manual. ent upon him for support, the death benefit shall be a sum sufficient, when added to the disability indemnity which, at the time of death has accrued and become payable, under the provisions of subsection (b) hereof, to make the total disability indemnity and death benefit equal to three times his average annual earnings, such annual earn- ings to be taken at not less than three hundred and thirty-three dol- lars and thirty-three cents nor more than one thousand six hundred and sixty-six dollars and sixty-six cents. (2) Where Deceased Employee Leaves No Person Wholly Depend- ent but Persons Partially Dependent. — In case the deceased employee leaves no person wholly dependent upon him for support, but one or more persons partially dependent therefor, the death benefit shall be such percentage of three times such average annual earnings of the employee as the annual amount devoted by the deceased to the sup- port of the person or persons so partially dependent bears to such average annual earnings; provided, that the death benefit shall not be greater than a sum sufficient, when added to the disability indem- nity which, at the time of the death, has accrued and become payable under the provisions of subsection (b) hereof to make the total dis- ability indemnity and death benefit equal to three times his average annual earnings, such average annual , earnings to be taken at not less than three hundred and thirty-three dollars and thirty-three cents nor more than one thousand six hundred and sixty-six dollars and sixty- six cents. (3) Where Deceased Employee Leaves No Person Dependent. — If the deceased employee leaves no person dependent upon him for sup- port, the death benefit shall consist of the reasonable expense of his burial not exceeding one hundred dollars and such further death benefit as may be provided by law. (d) Payment to Discharge Employer. — Payment of compensation! in accordance with the order and direction of the commission shall dis- charge the employer from all claims therefor. § 16. Limitation of Proceedings. — (a) Unless compensation is paid or an agreement for its payment made within the time limited in this section for the institution of proceedings for its collection, the right to institute such proceedings shall be wholly barred. (b) The periods within which proceedings for the collection of com- pensation may be commenced as follows: (1) For Collection of Disability Indemnity. — ^Proceedings for the collection of the benefit provided by subsection (a) of section 15 or for the collection of the disability indemnity provided by subsection (b) of said section 15 must be commenced within six months from the date of the accident, except as otherwise provided in this act. (2) For Collection of Death Benefit. — Proceedings for the col- lection of the death benefit provided by subsection (c) of said sec- lion 15 must be commenced within one year from the date of death, and in any event within two hundred forty weeks from the date of INDUSTRIAL ACCIDENTS. 427 the accident, and can only be maintained when it appears that death ensued within one year from the date of the accident, or that the accident causing death also caused disability which continued to the date of the death and for which a disability indemnity was paid, or an agreement for its payment made, or proceedings for its collection commenced within the time limited for the commencement of proceed- ings for the recovery of the disability indemnity. (e) Time, How Extended. — The payment of thb disability indemnity or death benefit, or any part thereof, or agreement therefor, shall have the effect of extending the period within which proceedings for its collection may be commenced, six months from the date of the agree- ment or last payment of such disability indemnity or death benefit or any part thereof. (d) Minor or Incompetent to Act by Guardian or Trustee. — If an injured employee, or in the case of his death, one or more of his dependents, shall be a minor or incompetent at any time when any right or privilege accrues to such person under the provisions of this act, a general guardian, appointed by the court or a guardian ad litem or trustee appointed by the commission or a commissioner may, on behalf of any such person, claim and exercise any such right or privilege with the same force and effect as if no such disa- bility existed; and no limitation of time provided by this act shall run against any such minor or incompetent unless and until such guardian or trustee is appointed. (e) Refusal to Submit to Treatment. — No compensation shall be payable in respect of the death or disability of an employee if his death is caused, or if and so far as his disability is caused, continued, or aggravated, by an unreasonable refusal to submit to medical treat- ment, or to any surgical treatment, the risk of which ]s, in the opinion of the commission, inconsiderable in view of the seriousness of the injury. (f) Later Injury. — The fact that an employee has suffered a previ- ous disability, or receives compensation therefor, shall not preclude him from compensation for a later injury, or his dependents from compensation, shall not, in the absence of any agreement, be construed pensation for the later injury, or death resulting therefrom, his average annual earnings shall be fixed at such sum as will reasonably represent his annual earning capacity at the time of the later injury. (g) Payment not Admission of Liability or Waiver of Claim. — Any payment, allowance or benefit received by the injured employee during the period of his incapacity, or by his dependents in the event of his death, which by the terms of this act was not then due and pay- able or when there is any dispute or question concerning the right to compensation for death resulting therefrom, but in determining com- to be an admission of liability for compensation on the part of the employer, or the acceptance thereof as a waiver of any right or claim which the employee or his dependents may have against the employer, 428 hillyer's legal manual. but any sneh payment, allowance or benefit may be taken into account by the commission in fixinpf the amount of the compensation to be paid. § 17. (a) Average Weekly Earnings One Fifty-second of Average Annual Earnings. — The average weeklj^ earnings referred to in section 15 hereof shall be one fifty-second of the average annual earnings of the employee; in computing such earnings his average annual earnings shall be taken at not less than three hundred and thirty-three dollars and thirty-three cents, nor at more than one thousand six hundred and sixty-six dollars and sixty-six cents and between said limits shall be arrived at as follows : (1) If Employee has Worked in Same Employment. — If the injured employee has worked in the same employment, whether for the same employer or not, during substantially the whole of the year immedi- ately preceding his injury, his average annual earnings shall consist of three hundred times the average daily earnings, wage or salary which he earned as such employee during the days when so employed. (2) If Employee has not so Worked in Such Employment. — If the injured employee has not so worked in such employment during substantially the whole of such immediately preceding year, his average annual earnings shall consist of three hundred times the average daily earnings, wage or salary which an employee of the same class, working substantially the whole of such immediately preceding year, in the same or a similar kind of employment, in the same or a neighboring place, earned during the days w^hen so employed. (3) Where for Any Reason Foregoing Methods cannot be Applied. — In every case where for any reason the foregoing methods of arriving at the average annual earnings of the injured employee cannot reason- ably and fairly be applied, such annual earnings shall be taken at such sum as, having regard to the previous earnings of the injured employee, and of other employees of the same or most similar class working in the same or most similar employment, in the same or neighboring locality, shall reasonably represent the average annual earning capacity of the injured employee at the time of the injury in the kind of employment in which he was then working, or in any employment similar thereto. (b) Board, Lodging, Fuel — Special Expenses. — In determining such average weekly earnings, there shall be included the market value of board, lodging, fuel and other advantages received by the injured em- ployee, as part of his remuneration and which can be estimated in money, but such average weekly earnings shall not include any sum which the employer paid to the injured employee to cover any special expenses entailed on him by the nature of his employment. (c) Injured Employee a Minor. — If the injured employee is a minor, and his incapacity, whether total or partial, is permanent, his average w^eekly earnings shall be deemed, within the limits fixed, to be the weekly sum, that under ordinary circumstances he would probably be able to earn, after attaining the age of twenty-one years, in the occupa- INDUSTRIAL ACCIDENTS. 429 tion in which he was employed at the time of the injury, if he had not been injured. § 18. Weekly Loss in Wages. — The weekly loss in wages referred to in section 15 hereof shall consist of the difference between the average w^eekly earnings of the injured employee, computed according to the provisions of said section, and the weekly amount which the injured employee, in the exercise of reasonable diligence, will probably be able to earn during the disability, to be determined in view of the nature and extent of the injury. In computing such probable earnings due re- gard shall be had to the ability of the injured employee to compete in an open labor market. § 19. (a) Conclusively Presumed Dependent. — The following shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (1) Wife. — A wife upon a husband with whom she was living at the time of his death. (2) Husband. — A husband upon a wife upon whose earnings he is partiall}^ or wholly dependent at the time of her death. (3) Child. — A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning), upon the parent with whom he or they are living at the time of the death of such parent or for whose maintenance such parent was legally liable at the time of his death, there being no surviving dependent parent. (b) Other Cases. — In all other cases, questions of entire or partial dependency and questions as to who constitute dependents and the extent of their dependency shall be determined in accordance with the fact, as the fact may be at the time of the death of the employee. (c) Relation. — No person shall be considered a dependent of any de- ceased employee unless a member of the family of such employee or unless such person bears to such employee the relation of husband or wife, child, adopted child or stepchild, father or mother, father in law or mother in law, grandfather or grandmother, brother or sister, nephew or niece. (d) 1. Persons Wholly Dependent Receive Entire Death Benefit. — If there is one or more persons wholly dependent for support upon a deceased employee, such person or persons shall receive the entire death benefit, and any person or persons partially dependent shall re- ceive no part thereof, unless otherwise ordered by the commission. 2. Death Benefit Divided Among Those Wholly Dependent. — If there is more than one such person wholly dependent for support upon a deceased employee, the death benefit shall be divided equally among them, unless otherwise ordered by the commission. 3. Death Benefit Divided Among Persons Partially Depend- ent. — If there is more than one person partially dependent for support 430 hillyer's legal manual. upon a deceased employee, and no person wholly dependent for support, the amount allowed as the death benefit shall be divided among the persons so partially dependent in proportion to the relative extent of their dependency, unless otherwise ordered by the commission. (e) Trustee. — The death benefit shall be paid to such one or more of the dependents of the deceased, or to a trustee appointed by the com- mission, or a commissioner, for the benefit of the person or persons entitled, as may be determined by the commission, and the commission may, anything in this act contained to the contrary notwithstanding, apportion such benefits among the dependents in proportion to their respective needs and as may be just and equitable, and may order pay- ment to a dependent subsequent in right, or not otherwise entitled, upon good cause being shown therefor. The person to whom the death ben- efit is paid for the use of the several beneficiaries shall apply the same in compliance with the findings and directions of the commission. § 20. Notice in Writing of Accident. — No claim to recover com- pensation under this act shall be maintained unless within thirty days after the occurrence of the accident which is claimed to have caused the injury or death, notice in writing, stating the name and the address of the person injured, the time and the place where the accident occurred, and the nature of the injury, and signed by the person injured or someone in his behalf, or in case of his death, by a dependent or someone in his behalf shall be served upon the employer; provided however, that actual knowledge of such accident and injury on the part of such employer, or his managing agent or superintendent in charge of the work, upon which the injured employee was engaged at the time of the injury, shall be equivalent to such service; and pro- vided, further, that the failure to give any such notice, or any defect or inaccuracy therein, shall not be a bar to recovery under this act if it is found as a fact in the proceedings for the collection of the claim that there was no intention to mislead or prejudice the employer, and that he was not in fact misled or prejudiced thereby. § 21. (a) Examination by Physician. — Whenever in case of injury the right to compensation under this act would exist in favor of any employee, he shall, upon the written request of his employer, submit from time to time to examination by a practicing physician, who shall be provided and paid for by the employer, and shall likewise submit to examination from time to time by any physician selected by the com- mission or any member or referee thereof. (b) Order for Examination. — The request or order for such examina- tion shall fix a time and place therefor, due regard being had to the convenience of the employee and his physical condition and ability to attend at the time and place fixed. The employee shall be entitled to have a physician provided and paid for by himself present at any such examination. So long as the employee, after such written request of the employer, shall fail or refuse to submit to such examination or shall INDUSTRIAL ACCIDENTS. 431 in any way obstruct the same, his right to begin or maintain any pro- ceeding for the collection of compensation shall be suspended, and if he shall fail or refuse to submit to such examination after direction by the commission, or any member or referee thereof, or shall in any way obstruct the same, his right to the weekly indemnity which shall accrue and become payable during the period of such failure, refusal or obstruction, shall be barred. Any physician who shall make or be pres- ent at any such examination may be required to testify as to the re- sults thereof. § 22. Time ajid Place of Hearing. — Upon filing with the commission by any party in interest of an application in writing stating the gen- eral nature of any dispute or controversy concerning compensation, or concerning any right or liability arising out of, or incident thereto, jurisdiction over which is vested by this act in the commission, a time and place shall be fixed for the hearing thereof, which shall be not less than ten days nor more than forty days after the filing of such application. The person filing such application shall be known as the applicant and the adverse party shall be known as the defendant. A copy of said application, together with a notice of the time and place of hearing thereof, shall forthwith be served upon all adverse parties and may be served either as a summons in a civil action or in the same manner as any other notice that is authorized or required to be served under the provisions of this act. A notice of the time and place of hearing shall also be served upon the applicant. § 23. Answer. — If any defendant desires to disclaim any interest in the subject matter of the claim in controversy, or considers that the application is in any respect inaccurate or incomplete, or desires to bring any fact, paper or document to the attention of the commission as a defense to the claim, or otherwise, he must within five days after the service of the application upon him, file with or mail to the com- mission his answer setting forth the particulars in which the application is inaccurate or incomplete, and the facts upon which he intends to rely. A copy of such answer must be forthwith served upon all adverse parties. § 24. (a) Pleadings — Hearing. — No pleadings, other than the appli- cation and answer shall be required. The hearing on the application may be adjourned from time to time and from place to place in the discretion of the commission. Either party shall have the right to be present at any hearing, in person or by attorney or by any other agent, and to present such testimony as shall be pertinent under the plead- ings, but the commission may, with or without notice to either party, cause testimony to be taken, or inspection of the premises where the injury occurred to be made, or the time-books and pay-roll of the em- ployer to Ve examined by any commissioner or any referee appointed by the commission, and may from time to time direct any employee claiming compensation to be examined by a regular physician ; the tes- 432 hillyer's legal manual. timony so taken and the results of any such inspection or examination to be reported to the commission for its consideration. (b) Stipulation. — The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the com- mission. The commission may thereupon make its findings and award based upon such stipulation, or may in its discretion, set the matter down for hearing and take such further testimony or make such fur- ther investigations as may be necessary to enable it to completely de- termine the matter in controversy. § 25. (a) Findings and Award. — After final hearing by the com- mission, it shall, w^ithin thirty days, make and file (1) its findings upon all facts involved in the controversy and (2) its award which shall state its determination as to the rights of the parties. (b) Award. — The commission in its award may fix and determine the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability indemnity to be paid and order payment thereof during the continuance of such disabilit3^ (c) Nominal Indemnity. — If, in any proceeding under sections 12 to 35, inclusive, of this act, it is proved that an accident has happened for which the employer would be liable to pay compensation if disability had resulted therefrom, but it is not proved that any incapacity had resulted, the commission may, instead of dismissing the application, award a nominal disability indemnity, if it appears that disability is likely to result at a future time. (d) Order, Decision or Award Rescinding, Altering or Amending Prior Order, Decision or Award. — The commission shall have continu- ing jurisdiction over ail its orders, decisions and awards made and en- tered under the provisions of sections 12 to 35, inclusive, of this act and may at any time, upon notice, and after opportunity to be heard is given to the parties in interest, rescind, alter or amend any such order, decision or award made by it upon good cause appearing there- for; provided, that no award of compensation shall be rescinded, altered or amended after two hundred forty-five weeks from the date of the accident. Any order, decision or award rescinding, altering or amending a prior order, decision or award shall have the same effect as is herein provided for original orders, decisions or awards. § 26. (a) Judgment. — Any party affected thereby may file a certi- fied copy of the findings and award of the commission with the clerk of the superior court for any county, or city and county, and judgment must be entered by the clerk in conformity therewith immediately upon the filing of such findings and award. (b) Judgment-roll. — The certified copy of the findings and aw^ard of the commission and a copy of the judgment shall constitute the judg- ment-roll. The pleadings, all orders of the commission, its original INDUSTRIAL ACCIDENTS. 433 findino^s and award, and all other papers or documents filed in the cause shall remain on file in the office of the commission. (c) Stay af Execution. — The commission, or any member thereof, may stay the execution of any judgment entered upon an award of the commission, upon good cause appearing therefor and upon such terms and conditions as may be. imposed. A certified copy of such order shall be filed with the clerk entering such judgment. (d) Satisfaction of Judgment. — Satisfaction of a judgment entered upon the award of the commission may be entered in the manner pro- vided by law fo-r the satisfaction of judgment. When a judgment is satisfied in fact, otherwise than upon an execution, the commission may, upon motion of either party or of its own motion, order the entry of satisfaction of the judgment to be made, and upon filing a certified copy of such order with the said clerk, he shall thereupon enter such satisfaction. § 27. Review. — The order, findings, decisions or awards of the commission made and entered under sections 12 to 35, inclusive, of this act may be reviewed by the courts specified in sections 84 and 85 hereof and within the time and in the manner therein specified and not otherwise. § 28. Fees — Costs — Interest. — ^No fees shall be charged by the clerk of any court for the performance of any official service required by this act, except for the docketing of awards as judgments and for certified copies of transcripts thereof. In all proceedings under this act before the commission, costs as between the parties shall be allowed or not in the discretion of the commission, and the commission may in its discretion, where payments of compensation have been unreason- ably delayed, allow the beneficiary thereof interest thereon, at not to exceed one and one-half per cent per month, during such period of delay. § 29. (a) Assignments. — No claim for compensation shall be assign- able before payment, but this provision shall not affect the survival thereof, nor shall any claim for compensation, or compensation awarded, adjudged or paid, be subject to be taken for the debts of the party entitled to such compensation, except as hereinafter provided. (b) Lien. — The commission may fix and determine and allow as a lien against any amount to be paid as compensation: (1) Attorney's Fee. — A reasonable attorney's fee for legal services pertaining to any claim for compensation or application filed therefor and the reasonable disbursements in connection therewith. (2) Expenses. — The reasonable expenses incurred b}^ or on behalf of the injured employee and for which the employer is liable under the provisions of subsection (a) of section 15 hereof, (3) Burial Expenses. — The reasonable burial expenses of the de- ceased employee, not to exceed the sum of one hundred dollars. 28 434 (c) Notice to Employer of Lien. — If notice in writing be given to the employer setting forth the nature and extent of any claim, that may be allowed as a lien, the said claim shall be a lien against any amount thereafter to be paid as compensation, subject to the determination of the amount and approval thereof by the commission. The commission may, in its discretion, order the amount of such claim as fixed and allowed by it paid directly to the person entitled, either in a lump sum or in installments. (d) Reasonable Amount. — No claim or agreement for the legal ser- vices or disbursements mentioned in paragraph (1) of subsection (b) hereof, or for the expense mentioned in paragraph (2) of said subsec- tion (b), in excess of a reasonable amount, shall be valid or binding in any respect. (e) Preference. — A claim for compensation for the injury or death of any employee, or any award or judgment entered thereon, shall have the same preference over the other unsecured debts of the employer as is given by law to claims for wages. Such preference shall be for the entire amount of compensation to be paid, but this section shall not impair the lien of any previous award. § 30. Liability of Principals and Contractors — Other Than Immedi- ate Employer. — The liability of principals and contractors for compen- sation under this act, when other than the immediate employer of the injured employee, shall be as follows: (a) Principal, General Contractor and Intermediate Contractor Liable. — The principal, any general contractor and each intermediate contractor who undertakes to do, or contracts with another to do, or to have done, any work, shall be liable to pay to any employee in- jured while engaged in the execution of such work, or to his depend- ents in the event of his death, any compensation which the immediate employer is liable to pay. (b) Separate Application. — The person entitled to such compensa- tion shall have the right to recover the same directly from his immedi- ate employer, and in addition thereto the right to enforce in his own name, in the manner provided by this act, the liability for compensa- tion imposed upon other persons by this section, either by making such other persons parties to the original application or by filing a separate application; provided, however, that payment in whole or in part of such compensation by either the immediate employer or other person shall, to the extent of such payment, be a bar to recovery against the other by any person entitled to such compensation. (c) Subrogation. — When any person, other than the immediate em- ployer, shall have paid any compensation for which he would not have been liable independently of this section, he shall, unless he caused the injury, be entitled to recover the full amount so paid from the person primarily liable therefor. INDUSTRIAL ACCIDENTS. 435 (d) Limitations. — The liability imposed by this section upon such principal, general contractor and intermediate contractor shall be subject to the following limitations: (1) Injury on Premises. — Such liability shall exist only in cases where the injury occurred on or in or about the premises on which the princi- pal, general contractor or intermediate contractor has undertaken to exe- cute any w^ork, or when such premises or work are otherwise under his control or management. (2) Compensation Insurance. — Such liability shall not exist in the event that the immediate employer, or other person primarily liable for the compensation shall, previous to the happening of such accident, have taken out, and maintained in full force and effect, compensation insurance with any insurance carrier, covering his full liability for compensation to the injured person or his dependents. (3) Stay of Execution. — The commission may, in its discretion, order that execution against the principal, general contractor and any intermediate contractor, be stayed until execution against the imme- diate employer shall be returned unsatisfied. § 31. Subrogation of Employer to Rights of Employee. — The mak- ing of a lawful claim against an employer for compensation under this act for the injury or death of his employee shall operate as an assign- ment to the employer of any right to recover damages which the injured employee, or his personal representative, or other person, may have against any other party for such injury or death, and such em- ployer shall be subrogated to any such right and may enforce in his own name the legal liability of such other party. The amount of compensation paid by the employer, or the amount of compensation to which the injured employee or his dependents is entitled, shall not be admissible in evidence in any action brought to recover damages, but any amount collected by the employer, under the provisions of this section, in excess of the amount paid by the employer, or for which he is liable, shall be held by him for the benefit of the injured employee or other person entitled. § 32. (a) Contract Exempting Employer. — No contract, rule or regulation shall exempt the employer from liability for the compen- sation fixed by this act, but nothing in this act contained shall be construed as impairing the right of the parties interested to settle, subject to the provisions herein contained, any liability which may be claimed to exist under this act on account of such injury or death, or as conferring upon the dependents of any injured employee any interest which such employee may not divert by such settlement or for which he, or his estate, shall, in the event of such settlement by him, be accountable to such dependents or any of them. (b) Settlement Agreement. — The compensation herein provided shall be the measure of the responsibility which the employer has assumed for injuries or death that may occur to employees in his employment 436 hillyer's legal manual. when subject to the provisions of this act, and no release of liability or settlement agreement shall be valid unless it provides for the pay- ment of full compensation in accordance with the provisions of this act or until and unless it shall be approved by the commission. (c) Award Based upon Settlement Agreement. — A copy of any such release or settlement agreement signed by both parties shall forthwith be filed with the commission. When such release or settlement agree- ment is filed with the commission and approved by it, the commission may of its own motion, or on the application of either party, without notice, enter its award based upon such release or settlement agree- ment. (d) Contents of Settlement Agreement. — Every such release or set- tlement agreement shall be in writing, duly executed and attested by two disinterested witnesses, and shall specify the date of the accident, the average weekly wages of the employee, determined according to section seventeen hereof, the nature of the disability, whether total or partial, permanent or temporary, the amount paid or due and unpaid to the employee up to the date of the release or agreement or death, as the case may be, and, if any, the amount of the payment or benefits then or thereafter to be made, and the length of time that such pay- ment is to continue. In case of death there shall also be stated in such release or settlement agreement the date of death, the name of the widow, if any, the name and ages of all children, if any, and the names of all other dependents, if any, and whether such dependents be total or partial, and the amount paid or to be paid as a death benefit and to whom such payment is to be made. § 33. (a) Commutation. — At the time of making its award or at any time thereafter the commission on its own motion, either with or without notice, or upon application of either party with due notice to the other, may in its discretion, commute the compensation payable under this act to a lump sum, if it appears that such commutation is necessary for the protection of the person entitled thereto, or for the best interest of either party, or that it will avoid undue expense or hardship to either party, or that the employer has sold or otherwise disposed of the greater part of his assets, or is about to do so, or that the emploj^er is not a resident of this state, and the commission may order such compensation paid forthwith or at some future time. (b) Amount of Commuted Payment. — The amount of the commuted payment shall be determined in accordance with the following provi- sions : (1) Temporary Disability. — If the accident causes temporary disa- bility, the commission shall estimate the probable duration thereof and the probable amount of the temporary disability indemnity pay- able therefor in accordance with the provisions of section 15 hereof and shall fix the lump sum payable at such amount so determined. INDUSTRIAL ACCIDENTS. 437 (2) Permanent Disability or Death. — If the accident causes perma- nent disability or death, the commission shall fix the total amount of the permanent disability indemnity or death benefit payable therefor in accordance with the provisions of said section 15 and shall estimate the present value thereof, assuming interest at the rate of six per cent per annum, disregarding the probability of the beneficiary's death in all cases except where the percentage of permanent disability is such as to entitle the beneficiary to a life pension, and then taking into consideration the probability of the beneficiary's death only in esti- mating the present value of such life pension. (c) Lump Sum Deposit — Pajnnents by Trustee. — The commission in its discretion may order the lump sum payment, determined as herein- before provided, paid directly to the injured employee or to his de- pendents, or deposited with any savings bank or trust company author- ized to transact business in this State, that will agree to accept the same as a deposit bearing interest at not less than four per cent, per annum, or the commission may order the same deposited with the state com- pensation insurance fund. Any such amount so deposited, together wdth all interest thereon, shall thereafter be held in trust for the injured employee, or in the event of his death, for his dependents, who shall have no further recourse against the employer. Payments from said fund, when so deposited, shall be made by the trustee only in the same amounts and at the same times as fixed by the order of the commission and until said fund and interest thereon shall be exhausted. In the appointment of the trustee preference shall be given, in the discretion of the commission, to the choice of the injured employee or his dependents. Upon the making of such payment, the employer shall present to the commission a proper receipt evidencing the same, exe- cuted either by the injured employee or his dependents, or by the trus- tee, and the commission shall thereupon issue its certificate in proper form evidencing the same, and such certificate, upon filing with the clerk of the superior court in which any judgment upon an award may have been entered, shall operate as a satisfaction of said award arid shall fully discharge the employer from any further liability on account thereof. § 34. (a) Insurance not Affected. — Nothing in this act shall affect the organization of any mutual or other insurance company, or any existing contract for insurance or the right of the employer to insure in mutual or other companies, in whole or in part, against liability for the compensation provided for by this act; or, to provide by mutual or other insurance, or by arrangement with his employees, or other- wise, for the payment to such employees, their families, dependents or representatives, of sick, accident or death benefits, in addition to the compensation provided for by this act. (b) Liability not Reduced by Insurance. — Liability for compensation shall not be reduced or affected by any insurance, contribution, or other benefit whatsoever due to or received by the person entitled to 438 HILLYER'S LEGAL MANUAL. such compensation, except as otherwise provided by this act, and the person so entitled shall, irrespective of any insurance or other contract, except as otherwise provided in this act, have the right to recover such compensation directly from the employer, and in addition thereto, the right to enforce in his own name, in the manner provided in this act, either by making the insurance carrier a party to the original application or by filing a separate application, the liability of any in- surance carrier, which may, in whole or in part, have insured against liability for such compensation; provided, further, that payment in whole or in pari of such compensation by either the employer or the insurance company shall, to the extent thereof, be a bar to recovery against the other of the amount so paid ; and provided, further, that as between the employer and the insurance company, payment by either directly to the employee, or to the person entitled to compensation, shall be subject to the conditions of the insurance contract between them. (c) Insurance Policy. — Every contract insuring against liability for compensation, or insurance policy evidencing the same, must contain a clause to the effect that the insurance carrier shall be directly and primarily liable to the employee and, in the event of his death, to his dependents, to pay the compensation, if any, for which the employer is liable ; that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier ; that jurisdiction of the employer shall, for the purpose of this act, be jurisdiction of the insurance car- rier and that the insurance carrier shall in all things be bound by and subject to the orders, findings, decisions or awards rendered against the employer under the provisions of this act. (d) Lien of Employee. — Such policy must also provide that the em- ployee shall have a first lien upon any amount which shall become ow4ng on account of such policy to the employer from the insurance carrier and that in case of the legal incapacity or inability of the employer to receive the said amount and pay it over to the employee or his dependents, the said insurance carrier may and shall pay the same directly to the said employee or his dependents, thereby discharg- ing to the extent of such payment the obligations of the employer to the employee, and such policy shall not contain any provisions relieving the insurance carrier from payment when the employer becomes in- solvent or is discharged in bankruptcy, or otherwise, during the period that the policy is in operation or the compensation remains owing. (e) 1. Assumption of Liability by Insurance Carrier and Substitu- tion. — If the employer shall be insured against liability for compensa- tion with any insurance carrier, and if after the happening of any accident such insurance carrier shall serve or cause to be served upon any person claiming compensation against such employer a notice that it has assumed and agreed to pay the compensation, if any, for which the employer is liable, and shall file a copy of such notice with the INDUSTRIAL ACCIDENTS. 439 commission, such employer shall thereupon be relieved from liability for compensation to such claimant and the insurance carrier shall, without notice, be substituted in place of the employer in any proceed- ing theretofore or thereafter instituted by such person to recover such compensation, and the employer shall be dismissed therefrom. Such proceeding shall not abate on account of such substitution but shall be continued against such insurance carrier. 2. Notice by Employer of Liability of Insurance Carrier. — If at the time of the happening of an accident for which compensation is claimed, or may be claimed, the employer shall be insured against lia- bility for the full amount of compensation payable, or that may become payable, the employer may serve or cause to be served upon any person claiming compensation on account of the happening of such accident and upon the insurance carrier a notice that the insurance carrier has, in its policy contract or otherwise, assumed and agreed to pay the compensation, if any, for which the employer is liable, and may file a copy of such notice with the commission. If it shall thereafter appear to the satisfaction of the commission that the insurance carrier has, through the issuance of its contract of insurance or otherwise, assumed such liability for compensation, such employer shall thereupon be relieved from liability for compensation to such claimant and the insurance carrier shall, after notice, be substituted in place of the employer in any proceeding theretofore or thereafter instituted by such person to recover such compensation, and the employer shall be dis- missed therefrom. Such proceeding shall not abate on account of such substitution, but shall be continued against such insurance carrier. (f) Subrogation of Insurance Carrier. — Where any employer is in- sured against liability for compensation with any insurance carrier and such insurance carrier shall have paid any compensation for which the employer was liable, or shall have assumed the liability of the em- ployer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name. § 35. (a) Limited Compensation Policy. — If any insurance policy shall be issued covering liability for compensation, which policy shall contain any limitation as to the compensation payable, such limitation shall be printed in the body of such policy in bold-face type and in addition thereto the words ''limited compensation policy" shall be printed on the top of the policy in bold-faced type not less than eighteen point in size. (b) Optional Provisions. — No insurance carrier shall insure against the liability of the employer for damages recoverable at law by the injured employee under the optional provisions contained in section 12 hereof, and any insurance carrier liable to any such injured em- ployee for compensation upon the payment of the same shall have the same option given by said section 12 to such employee and shall be fully subrogated to his rights, and may enforce such liability for dam- 440 hillyer's legal manual. ages against the employer in its own name, anything in the insurance contract to the contrary notwithstanding. § 36. State Compensation Insurance Fund. — There is hereby created and established a fund to be known as the "state compensation insur- ance fund," to be administered by the industrial accident commission of the State, without liability on the part of the State beyond the amount of said fund, for the purpose of insuring employers against liability for compensation under this act and insuring to employees and other persons the compensation fixed by this act for employees and their dependents. § 37. (a) How Constituted. — The State compensation insurance fund shall be a revolving fund and shall consist of such specific appro- priations as the legislature may from time to time make or set aside for the use of such fund, all premiums received and paid into the said fund for compensation insurance issued, all property and securities acquired by and through the use of moneys belonging to said fund and all interest earned upon moneys belonging to said fund and depos-' ited or invested, as herein provided. (b) How Applicable. — Said fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of the salaries and other expenses to be charged against said fund in accord- ance with the provisions contained in this act. (c) Intent of Legislature. — Said fund shall, after a reasonable time during which it may establish a business, be fairly competitive with other insurance carriers, and it is the intent of the legislature that said fund shall ultimately become neither more nor less than self-supporting. § 38. (a) Jurisdiction Over Fund. — The commission is hereby vested with full powder, authority and jurisdiction over the State com- pensation insurance fund and may do and perform any and all things whether herein specifically designated, or in addition thereto, which are necessary or convenient in the exercise of any power, authority or jurisdiction over said fund in the administration thereof, or in con- nection with the insurance business to be carried on by it under the provisions of this act, as fully and completely as the governing body of a private insurance carrier might or could do. (b) Powers of Commission in Connection With Fund. — The commis- sion shall have full power and authority, and it shall be its duty, to fix and determine the rates to be charged by the State compensation insurance fund for compensation insurance, and to manage and con- duct all business and affairs in relation thereto, all of which business and affairs shall be conducted in the name of the State compensation insurance fund, and in that name, without any other name or title, the commission may : (1) Suits. — Sue and be sued in all the courts of the state in all actions arising out of any act, deed, matter or thing made, omitted, entered into, done, or suffered in connection with the State compensation insur- INDUSTRIAL ACCIDENTS. 441 ance fund, the administration, management or conduct of the business or affairs relating thereto. (2) Contracts. — Make and enter into contracts of insurance as herein provided, and such other contracts or obligations relating to the State compensation insurance fund as are authorized or permitted under the provisions of this act. (3) Investments. — Invest and reinvest the moneys belonging to said fund as hereinafter provided. (4) Business and Affairs. — Conduct all business and affairs, relating to the State compensation insurance fund, whether herein specifically designated or in addition thereto. (c) Delegation of Powers. — The commission may delegate to the manager of the State compensation insurance fund, or to any other officer, under such rules and regulations and subject to such conditions as it may from time to time prescribe, any of the powers, functions or duties, conferred or imposed on the commission under the provisions of this act in connection with the State compensation insurance fund, the administration, management and conduct of the business and affairs relating thereto, and the officer or officers to whom such delegation is made may exercise the powers and functions and perform the duties delegated with the same force and effect as the commission, but sub- ject to its approval. (d) Commission not Personally Liable. — The commission shall not, nor shall any commissioner, officer or employee thereof, be personally liable in his private capacity for or on account of any act performed or contract or other obligation entered into or undertaken in an official capacity, in good faith and without intent to defraud, in connection with the administration, management or conduct of the State compen- sation insurance fund, its business or other affairs relating thereto. § 39. Powers of Manager. — In conducting the business and affairs of the State compensation insurance fund, the manager of the said fund or other officer to whom such power and authority may be dele- gated by the commission, as provided by subsection (c) of section 38 hereof, shall have full power and authority: (1) To Enter into Contracts. — To enter into contracts of insurance, in- suring employers against liability for compensation and insuring to em- ployees and other persons the compensation fixed by this act. (2) To Sell Annuities. — To sell annuities covering compensation benefits. (3) To Decline to Insure. — To decline to insure any risk in which the minimum requirements of the commission with regard to construc- tion, equipment and operation are not observed, or which is beyond the safe carrying of the State compensation insurance fund, but shall not have power or authority, except as otherwise provided in this subdi- vision, to refuse to insure any compensation risk tendered with the premium therefor. 442 (4) To Reinsure. — To reinsure any risk or any part thereof. (5) To Inspect and Audit Pay-rolls. — To inspect and audit, or cause to be inspected and audited the pay-rolls of employers applying for in- surance against liability for compensation. (6) To Make Rules and Regulations. — To make rules and regulations for the settlement of claims against said fund and to determine to whom and through whom the payments of compensation are to be made. (7) To Contract for Treatment. — To contract with physicians, sur- geons and hospitals for medical and surgical treatment and the care and nursing of injured persons entitled to benefits from said fund. § 40. (a) Commission to Determine Rates With Regard to Hazards. It shall be the duty of the commission to fix and determine the rates to be charged hy the State compensation insurance fund for compensation insurance coverage as herein provided, and such rates shall be fixed with due regard to the physical hazards of each industry, occupation or employment and, within each class, so far as practicable, in accord- ance Avith the elements of bodily risk or safety or other hazard of the plant or premises or work of each insured and the manner in which the same is conducted, together with a reasonable regard for the acci- dent experience and history of each such insured, and the means and methods of caring for injured persons, but such rates shall take no account of the extent to which the employees in any particular estab- lishment have or have not persons dependent upon them for support, (b) Basis of Rates. — The rates so made shall be that percentage of the pay-roll of any employer which, in the long run and on the average, shall produce a sufficient sum, when invested at three and one-half per cent interest : (1) To carry all claims to maturity; that is 'to say the rates shall be based upon the ''reserve" and not upon the "assessment" plan; (2) To meet the reasonable expenses of conducting the business of such insurance ; (3) To produce a reasonable surplus to cover the catastrophe hazard. § 41. Kinds of Contracts — Temporary Cover — Cancellation. — The insurance contracts entered into between the State compensation insur- ance fund and persons insuring therewith may be either limited or unlimited and issued for one year or, in the form of stamps or tickets or otherwise, for one month or any number of months less than one year, or for one day or any number of days less than one month, or during the performance of any particular work, job or contract; pro- vided, that the rates charged shall be proportionately greater for a shorter than for a longer period and that a minimum premium charge shall be fixed in accordance with a reasonable rate for insuring one person for one day. Nothing in this act shall be construed to prevent any person applying for compensation insurance from being covered temporarily until the application is finally acted upon, or to prevent the insured from surrendering any policy at any time and having re- turned to him the difference between the premium paid and the INDUSTRIAL ACCIDENTS. 443 premium at the customary short term for the shorter period which such policy has already run. The State compensation insurance fund may at any time cancel any policy, after due notice, upon a pro rata basis of premium repayment. § 42. Policies Including Employers. — The State compensation in- surance fund may issue policies, including with their employees, employers who perform labor incidental to their occupations, and in- cluding also members of the families of such employers engaged in the same occupation, such policies insuring to such employers and working members of their families the same compensations provided for their employees, and at the same rates; provided, that the estimations of their wage values, respectively, shall be reasonable and separately stated in and added to the valuation of their pay-rolls upon which their premium is computed. Such policies may likewise be sold to self- employing persons and to casual employees, who, for the purpose of such insurance, shall be deemed to be employees within the meaning of sections 12 to 35, inclusive, of this act. § 43. Treasurer Custodian of Fund. — The treasurer of the State shall be custodian of all moneys and securities belonging to the State compensation insurance fund, except as otherwise provided in this act, and shall be liable on his official bond for the safekeeping thereof. All moneys belonging to said fund collected or received by the commission, or the manager of the State compensation insurance fund, under and by virtue of the provisions of this act, shall be delivered to the treasurer of the State or may be deposited to his credit in such bank or banks throughout the State as he may, from time to time, designate, and such moneys when so delivered or deposited shall be credited by the treas- urer to the said fund and no moneys received or collected on account of such fund shall be expended or paid out of such fund without first passing into the State treasury and being drawn therefrom as provided in this act. In like manner there shall be delivered to the treasurer all securities belonging to said fund which shall be held by him until otherwise disposed of as provided in this act. § 44. (a) Monthly Estimate of Current Disbursements. — The com- mission shall submit each month to the State board of control an esti- mate of the amount necessary to meet the current disbursements from the State compensation insurance fund during each succeeding calendar month and, when such estimate shall be approved by the State board of control, the controller is directed to draw his warrant on said fund in favor of said commission for such amount, and the treasurer is authorized and directed to pay the same. (b) Monthly Account. — At the end of each calendar month the com- mission shall account to the State board of control and the State con- troller for all moneys so received, furnishing proper vouchers therefor. (c) Semi-annual Valuation. — During the months of January and of July of each year the State board of control or the commission shall 444 hillyer's legal manual. cause a valuation to be made of the properties and securities which have been acquired and which are held for said fund, and shall report the results of the same to the state controller, whose duty it shall be to keep a special ledg:er account showing all of the assets pertaining to the state compensation insurance fund. In the controller's general ledger this fund account may be carried merely as a cash account, like other accounts of funds in the state treasury, and therein only the actual cash coming into the state compensation insurance fund shall be credited to such fund. § 45. (a) Investments. — The commission shall cause all moneys in the state compensation insurance fund, in excess of current require- ments, to be invested and reinvested, from time to time, in the securi- ties now or hereafter authorized by law for the investment of funds of savings banks. (b) Estimate of Amount Required for Investment. — The commission shall, from time to time, submit to the state board of control an esti- mate of the amount required by it for investment, which estimate shall be accompanied by a full description of the kind and character of the investments to be made and, when such estimate shall be approved by the state board of control, the controller is directed to draw his war- rant on the state compensation insurance fund in favor of the commis- sion for such amount and the treasurer is authorized and directed to pay the same. (c) Account. — At the end of each calendar month the commission shall account to the said board of control and the state controller for all moneys so received, furnishing proper vouchers therefor. (d) All moneys in said fund, in excess of current requirements and not otherwise invested, may be deposited by the state treasurer from time to time in the banks authorized by law to receive deposits of pub- lic moneys under the same rules and regulations that govern the de- posit of other, public funds and the interest accruing thereon shall be credited to the state compensation insurance fund. § 46. Public Corporation may Insure. — Each county, city and county, city, school district or other public corporation, within the state, may insure against its liability for compensation, with the state com- pensation insurance fund and not with any other insurance carrier unless such fund shall refuse to accept the risk when the application for insurance is made, and the premium therefor shall be a proper charge against the general fund of each such political subdivision of the state. § 47. Public Officers to Transmit Applications. — When the premium rates for insurance in the state compensation insurance fund shall have been established the commission shall furnish schedules of rates and copies of the forms of policy to the commissioner of labor, to the clerk and to the treasurer of every county, city and county, and city in the state, and it shall be the duty of every public officer to whom the fore- INDUSTRIAL ACCIDENTS. 445 going may be furnished to fill out and transmit to the manager of the state compensation insurance fund applications for compensation insur- ance in such fund and to receive and transmit to said manager all premiums paid on account of any policy issued or applied for. § 48. Quarterly Reports.^The commission shall each quarter make to the governor of the- state, reports of the business done by the state compensation insurance fund during the previous quarter, and a state- ment of the fund's resources and liabilities, and it shall be the duty of the state board of control to audit such reports and to cause an ab- stract thereof to be published one or more times in at least two news- papers of general circulation in the state. The commission shall like- wise make to the state insurance commissioner all reports required by law to be made by other insurance carriers. § 49. Misrepresenting Pay-roll — Penalty. — Any employer who shall willfully misrepresent the amount of the pay-roll upon which his pre- mium under this act is to be based shall be liable to the state in ten times the amount of the difference in premium paid and the amount the employer should have paid had his pay-roll been correctly com- puted, and the liability to the state under this section shall be enforced in a civil action in the name of the state compensation insurance fund and any amount so collected shall become a part of said fund. § 50. Misrepresenting Pay-roll — Punishment. — Any person who willfullj^ misrepresents any fact in order to obtain insurance at less than the proper rate for such insurance, or in order to obtain any pay- ments out of such fund, shall be guilty of a misdemeanor. § 51. Terms Construed. — The following terms, as used in sections 51 to 72, inclusive, of this act, shall, unless a different meaning is plainly required by the context, be construed as follows : (1) Place of Employment. — The phrase ''place of employment" shall mean and include every place, whether indoors or out or under- ground, or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or busi- ness is carried on, or where any process or operation directly or indi- rectly related to any industry, trade, work or business, is carried on, and where any person is directly or indirectly employed by another for direct or indirect gain or profit, but shall not include any place where persons are employed solely in farm, dairy, agricultural, viticul- tural or horticultural labor, in stock or poultry raising or in household domestic service. (2) Employment. — The term "employment" shall mean and in- clude any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture in which any person may be engaged, except where persons are employed solely in farm, dairy, agricultural, viticul- tural or horticultural labor, in poultry or stock raising or in household domestic services. 446 (3) Employer. — The term '* employer" shall mean and include every person, lirm, voluntary association, corporation, officer, agent, manager, representative or other person having control or custody of any em- ployment, place of employment or of any employee. (4) Employee. — The term ''employee" shall mean and include every person who may be required or directed by any employer, in consider- ation of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment. (5) Order. — The term ''order" shall mean and include any decision, rule, regulation, direction, requirement or standard of the commission or any other determination arrived at or decision made by such com- mission under the safety provisions of this act. (6) General Order. — The term "general order" shall mean and in- clude such order made, under the safety provisions of this act, as applies generally throughout the state to all persons, employments or places of employment, or all persons, employments or places of employ- ment of a class under the jurisdiction of the commission. All other orders of the commission shall be considered special orders. (7) Local Order. — The term "local order" shall mean and include any ordinance, order, rule or determination of any board of supervisors, city council, board of trustees or other governing body of any county, city and county, city or of any school district or other public corpora- tion, or an order or direction of any other public official or board or department upon any matter over which the industrial accident com- mission has jurisdiction. (8) Safe and Safety.— The terms "safe" and "safety" as applied to an employment or a place of employment shall mean such freedom from danger to the life or safety of employees as the nature of the employ- ment will reasonably permit. (9) Safety Device and Safeguard. — The terms "safety device" and "safeguard" shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger. § 52. Employer to Protect Employees. — Every employer shall fur- nish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein, and shall furnish and use such safety devices and safeguards, and shall adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and place of employment safe, and shall do every other thing reason- ably necessary to protect the life and safety of such employees. § 53. Employment or Place of Employment to be Safe. — No em- ployer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safe- guards or fail to adopt and use methods and processes reasonably ade- quate to render such employment and place of employment safe, and INDUSTRIAL ACCIDENTS. 447 no such employer shall fail or neglect to do every other thing reason- ably necessary to protect the life and safety of such employees/ and no such employer shall occupy or maintain any place of employment that is not safe. § 54. Construction of Place of Employment. — No employer, owner or lessee of any real property in this state shall construct or cause to be constructed any place of employment that is not safe. § 55. Interference With Protective Device by Employee. — No em- ployee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or pro- cess adopted for the protection of any employee in such employment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees. § 56. Supervision by Commission. — The commission is vested with full power and jurisdiction over, and shall have such supervision of, every employment and place of employment in this state as may be necessary adequately to enforce and administer all laws and all law- ful orders requiring such employment and place of employment to be safe, and requiring the protection of the life and safety of every em- ployee in such employment or place of employment. § 57. Protective Powers of Commission. — The commission shall have power, after a hearing had upon its own motion or upon com- plaint, by general or special orders, rules or regulations, or otherwise : (1) To Prescribe Methods of Protection. — To declare and prescribe what safety devices, safeguards or other means or methods of protec- tion are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. (2) To Fix Standards of Protection. — To fix such reasonable stand- ards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life and safety of employees in employments and places of employment. (3) To Fix Standards for Construction. — To fix and order such rea- sonable standards for the construction, repair and maintenance of places of employment as shall render them safe. (4) To Require Any Other Act. — To require the performance of any other act which the protection of the life and safety of employees in employments and places of emploj^ment may demand. (5) To Prescribe Form of Reports.— To declare and prescribe the general form of industrial accidents reports, the accidents to be re- ported and the information to be furnished in connection therewith, 448 HILLYER^S LEGAL MANUAL. and the time within which such reports shall be filed. Nothing in this act contained shall be construed to prevent the commission from re- quiring supplemental accident reports. § 58. Notice of Hearing for Purpose of Considering General Safety- Order. — Upon the fixing of a time and place for the holding of a hearing for the purpose of considering and issuing a general safety order or orders as authorized by section 57 hereof, the commission shall cause a notice of such hearing to be published in one or more daily newspapers of general circulation published and circulated in the city and county of San Francisco, and also in one or more daily newspapers of general cir- culation published and circulated in the county of Los Angeles, such newspapers to be designated by the commission for that purpose. No defect or inaccuracy in such notice or in the publication thereof shall invalidate any general order issued by the commission after hearing had. § 59. Order to Render Employment or Place of Employment Safe. "Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that any employment or place of employ- ment is not safe or that the practices or means or methods or opera- tions or processes employed or used in connection therewith are unsafe, or do not afford adequate protection to the life and safety of employees in such employments and places of employment, the commission shall make and enter and serve such order relative thereto as may be neces- sary to render such employment or place of employment safe and protect the life and safety of employees in such employments and places of employment and may in said order direct that such addi- tions, repairs, improvements or changes be made and such safety de- vices and safeguards be furnished, provided and used, as are reason- ably required to render such employment or place of employment safe, in the manner and within the time specified in said order. § 60. Time for Compliance. — The commission may, upon applica- tion of any employer, or other person affected thereby, grant such time as may reasonably be necessary for compliance with any order, and any person affected by such order may petition the commission for an extension of time, which the commission shall grant if it finds such an extension of time necessary. § 61. Summary Investigation. — Whenever the commission shall learn or have reason to believe that any employment or place of em- ployment is not safe or is injurious to the welfare of any employee it may, of its own motion, or upon com^plaint, summarily investigate the same, with or without notice or hearings, and after a hearing upon such notice as it may prescribe, the commission may enter and serve such order as may be necessary relative thereto, anything in this act to the contrary notwithstanding. § 62. Compliance With Orders. — Every employer, employee and other person shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or pre- INDUSTRIAL ACCIDENTS. 449 scribed by the commission in connection with the matters herein speci- fied, or in any way relating to or affecting safety of employments or places of employment, or to protect the life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation. § 63. Review by Courts. — The orders of the commission, general or special, its rules or regulations, findings and decisions, made and entered under the safety provisions of this act, may be reviewed by the courts specified in sections 84 and 85 of this act and within the time and in the manner therein specified and not otherwise. § 64. Standard of Safety to be Construed With Local Order. — Nothing contained in this act shall be construed to deprive the board of supervisors of any county, or city and county, the board of trustees of any city, or any other public corporation or board or department, of any power or jurisdiction over or relative to any place of employ- ment; provided, that whenever the commission shall, by order, fix a standard of safety for employments or places of employment, such order shall, upon the filing by the commission of a copy thereof with the clerk of the county, city and county, or city to which it may apply, establish a minimum requirement concerning the matters cov- ered by such order and shall be construed in connection with any local order relative to the same matter and to amend or modify any re- quirement in such local order not up to the standard of the order of the commission. § 65. Further Powers. — The commission shall have further power and authority: (1) Museums of Safety. — To establish and maintain museums of safety and hygiene in which shall be exhibited safety devices, safe- guards and other means and methods for the protection of the life and safety of employees, and to publish and distribute bulletins on any phase of this general subject. (2) Lectures. — To cause lectures to be delivered, illustrated by stereopticon or other views, diagrams or pictures, for the information of employers and their employees and the general public in regard to the causes and prevention of industrial accidents, occupational dis- eases and related subjects. (3) Advisers. — To appoint advisers who shall, without compensa- tion assist the commission in establishing standards of safety and the commission may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers. § 66. Rules Conclusively Presumed Reasonable. — Everjr order of the commission, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this act shall be admissible as evidence in any prosecution for the violation of any of the said provisions and shall, in every such prosecution, be 29 450 conclusively presumed to be reasonable and lawful and to fix a reason- able and proper standard and requirement of safety, unless, prior to the institution of the prosecution for such violation or violations, pro- ceedings for a rehearing thereon or a review thereof shall have been instituted as provided in sections 81 to 85, inclusive, of this act and not then finally determined. § 67. Penalty for Violation of Safety Provision — Burden of Proof. Every employer, employee or other person who, either individually or acting as an officer, agent or employee of a corporation or other per- son, violates any safety provision contained in sections 52, 53, 54 or 55 of this act, or any part of any such provision, or who shall fail or refuse to comply with any such provision or any part thereof, or who, directly or indirectly, knowingly induces another so to do is guilty of a misdemeanor. In any prosecution under this section it shall be deemed prima facie evidence of a violation of any such safety provi- sion, that the accused has failed or refused to comply with any order, rule, regulation or requirement of the commission relative thereto and the burden of proof shall thereupon rest upon the accused to show that he has complied with such safety provision. § 68. Continuing Violation. — Every violation of the provisions con- tained in section 52, 53, 54, or 55, of this act, or any part or portion thereof, by any person or corporation is a separate and distinct offense, and, in the case of a continuing violation thereof, each day's continu- ance thereof shall constitute a separate and distinct offense. § 69. Accident Prevention Fund. — All fines imposed and collected under prosecutions for violations of the provisions of sections 51 to 72 inclusive of this act, shall be paid into the state treasury to the credit of the ''accident prevention fund," which fund is hereby created. § 70. Divulging Confidential Information. — It shall be unlawful for any member of the commission, or for any officer or employee of the commission, to divulge to any person not connected with the ad- ministration of this act any confidential information obtained from any person, concerning the failure of any other person to keep any place of employment safe, or concerning the violation of any order, rule or regulation issued by the commission. Any member of the commis- sion or any officer or employee of the commission divulging such con- fidential information shall be guilty of a misdemeanor. § 71. (a) Report of Accident. — Every employer of labor, and every insurance carrier, is hereby required to file with the commission, under such rules and regulations as the commission may from time to time make, a full and complete report of every accident to an employee arising out of or in the course of his employment and resulting in loss of life or injury to such person. Such reports shall be furnished to the commission in such form and such detail as the commission shall from time to time prescribe, and shall make specific answers to all ques- tions required by the commission under its rules and regulations. Any INDUSTRIAL ACCIDENTS. 451 such employer or insurance carrier who shall furnish such report shall be exempt from furnishing any similar report or reports authorized or required under the laws of this state. (b) Filling" Blanks. — Every employer or insurance carrier receiving from the commission any blanks with directions to fill out the same shall cause the same to be properly filled out so as to answer fully and correctly each question propounded therein; in case he is unable to answer any such questions a good and sufficient reason shall be given for such failure. (c) Information to be Secret. — No information furnished to the com- mission by an employer or an insurance carrier shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or pro- ceeding. Any officer or employee of the commission who, in violation of the provisions of this subsection, divulges any information shall be guilty of a misdemeanor. § 72. (a) Investigating Cause of Accidents. — The commission shall investigate the cause of all industrial accidents occurring within the state in any employment or place of employment, or directly or indi- rectly arising from or connected with the maintenance or operation of such employment or place of employment, resulting in personal injury or death and requiring, in the judgment of the commission, such in- vestigation; and the commission shall have the power to make such orders or recommendations with respect to such accidents as may be just and reasonable, provided that neither the order nor the recom- mendation of the commission, nor any accident report filed with the commission, shall be admitted as evidence in any action for damages or any proceeding to recover compensation, based on or arising out of such injury or death. (b) Right to Enter Place of Employment. — For the purpose of mak- ing any investigation which the commission is authorized to make under the provisions of this section, or for the purpose of collecting statistics or examining the provisions made for the safety of employees, any member of the commission, inspector or other person designated by the commission for that purpose, may enter any place of employ- ment. (c) Obstructing Commission. — Any employer, insurance carrier or any other person who shall violate or omit to comply with any of the provisions of this section, or who shall in any way obstruct or hamper the commission, any commissioner or other person conducting any investigation authorized to be undertaken or made by the commission, shall be guilty of a misdemeanor. § 73. (a) Jurisdiction. — All proceedings for the recovery of com- pensation, or concerning any right or liability arising out of or in- cidental thereto, or for the enforcement against the employer or an insurance carrier of any liability for compensation imposed upon him by this act in favor of the injured employee, his dependents or any 452 third person, or for the determination of any question as to the dis- tribution of compensation among dependents or other persons or for the determination of any question as to who are dependents of any deceased employee, or what persons are entitled to any benefit under the compensation provisions of this act, or for obtaining any order which by this act the commission is authorized to make, shall be in- stituted before the commission, and not elsewhere, except as otherwise in this act provided, and the commission is hereby vested with full power, authority and jurisdiction to try and finally determine all such matters, subject only to the review by the courts in this act specified and in the manner and within the time in this act provided, (b) Orders, Rules, Findings, and Awards — Presumed Lawful. — All orders, rules and regulations, findings, decisions and awards of the commission in conformity with law shall be in force and shall be prima facie lawful; and all such orders, rules and regulations, find- ings, decisions and awards shall be conclusively presumed to be reason- able and lawful, until and unless they are modified or set aside by the commission or upon a review by the courts in this act specified and within the time and in the manner herein specified. § 74. (a) Notice, Order or Decision — How Served. — Any notice, order or decision required by this act to be served upon any person or party either before, during or after the institution of any proceeding before the commission, may be served in the manner provided by chapter V, title XIV of part II of the Code of Civil Procedure of this state, unless otherwise directed by the commission or a member there- of, in which event the same shall be served in accordance with the order or direction of said commission or member thereof. (b) Power to Serve Process. — The secretary, assistant secretary and the inspectors appointed by the commission shall have all of the powers conferred by law upon peace officers to carry weapons, make arrests and serve warrants and other process in any county or city and county of this state. (c) Service on Public Corporation. — Any such notice, order or de- cision affecting the state or any city and county, city, school district or public corporation therein, shall be served upon the same officer, officers, person or persons, upon whom the service of similar notices, orders or decisions is authorized by law. § 75. Further Powers. — The commission shall have full power and authority : (1) Rules of Practice. — To adopt reasonable and proper rules of practice and procedure; (2) Minors and Incompetent Persons. — To regulate and provide the manner, and by whom, minors and incompetent persons shall appear and be represented before it; (3) Trustees or Guardians ad Litem. — To appoint a trustee or guard- ian ad litem to appear for and represent any such minor or incompetent INDUSTRIAL ACCIDENTS. 453 upon such terms and conditions as it may deem proper; and such guardian or trustee must give a bond in the same form and of the same character required by law from a guardian appointed by the courts and in such an amount as the commission or a commissioner may fix and determine, such bond to be approved by the commission or a commissioner, and such guardian or trustee shall not be dis- charged from liability until he shall have filed an account with the commission or with the probate court and such account shall have been approved. The trustee or guardian shall be entitled to receive such compensation for his services as shall be fixed and allowed by the commission or by the probate court; (4) Joinder. — To provide for the joinder in the same proceeding of all persons interested therein, whether as employer, insurance carrier, employee, dependent, creditor or otherwise ; (5) Notices. — To regulate and prescribe the kind and character of notices, where not otherwise prescribed by this act, and the service thereof; (6) Proofs and Evidence. — To regulate and prescribe the nature and extent of the proofs and evidence. § 76. (a) Reference. — The commission may by order entered upon its minutes, upon the agreement of the parties, upon the application of either, or of its own motion, and either with or without notice, direct and order a reference in the following cases: (1) To Try Issues and Report. — To try any or all of the issues in any proceeding before it, whether of fact or of law, and to report a finding, order, decision or award to be based thereon. (2) To Ascertain Fact or Make Decision. — To ascertain a fact necessary to enable the commission to determine any proceeding before it or to make any order, decision or award that the commission is au- thorized to make under this act, or that is necessary for the information of the commission. (b) Referees. — The commission may appoint one or more referees in any proceeding, as it may deem necessary or advisable, and may refer separate matters arising out of the same proceeding to different referees. It may also, in its discretion, appoint general referees who are residents of the county or city and county for which they are ap- pointed and who shall hold office during the pleasure of the commis- sion. Any referee appointed by the commission shall have such powers, jurisdiction and authority as is granted under the law, by the order of appointment and by the rules of the commission and shall receive such salary or compensation for his services as may be fixed by the commission. (c) Objection. — Any party to the proceeding may object to the ap- pointment of any person as referee upon any one or more of the grounds specified in section 641 of the Code of Civil Procedure and such objection must be heard and disposed of by the commission. Affidavits may be read and witnesses examined as to such objections. 454 hillyer's legal manual. (d) Oath. — Before enterin» upon his duties, the referee must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and determine the allegations and evidence of the parties in relation to the matters in the reference, and to make just findings and report according to his understanding. (e) Findings. — The referee must report his findings in writing to the commission within twenty days after the testimony is closed. Such report shall be made in the form prescribed by the commission and shall include all matters required to be included in the order of reference or by the rules of the commission. The facts found and conclusions of law must be separately stated. (f) Action on Report. — ^Upon the filing of the report of the referee, the commission may confirm, adopt, modify or set aside the same or any part thereof and may, either w4th or without further proceedings, and either with or without notice, enter its order, findings, decision or award based in whole or in part upon the report of the referee. § 77. (a) Rules of Evidence — Informality. — All hearings and in- vestigations before the commission or any member thereof, or any referee appointed thereby, shall be governed by this act and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission nor any member thereof nor any referee appointed thereby shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, rule or regulation made, approved or confirmed by the commission. (b) Depositions. — The commission or any member thereof or any party to the action or*proceeding may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state, and to that end may compel the attendance of witnesses and the production of books, documents, papers and accounts. ■ § 78. Witnesses. — The commission and each member thereof, its sec- retary and referees, shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state. Each witness who shall appear, by order of the commission or a member thereof, or a referee appointed thereby, shall be entitled to receive, if demanded, for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed, unless otherwise ordered by the commission. When any witness who has not been required to attend at the request of any party is subpoenaed by the commission his fees and mileage may be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. Any INDUSTRIAL ACCIDENTS. 455 witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commis- sion, member thereof, or referee as directed in the subpoena. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. § 79. Authority of Superior Court — Contempt. — The superior court in and for the county, or city and county, in which any inquiry, in- vestigation, hearing or proceeding may be held by the commission or any member thereof or referee appointed thereby, shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, including books, accounts and documents, as re- quired by any subpoena issued by the commission or member thereof or referee. The commission or the member thereof or the referee, before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers re- quired by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been givren of the time and place of attendance of said witness, or the production of said papers, and that the witness has been subpoenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, or has refused to answer questions propounded to him in the course of such proceed- ing, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission. The court, upon the petition of the commission or such member thereof or referee, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the commission, member thereof or referee. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or member thereof or referee, the court shall thereupon enter an order that said witness appear before the commission or member thereof or referee at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not be construed to impair or interfere with the power of the commission or a member thereof to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. 456 § 80. (a) Power, Authority and Jurisdiction. — The commission is hereby vested with full power, authority and jurisdiction to do and perform any and all things, whether herein specifically designated, or in addition thereto, which are necessary or convenient in the exercise of any power, authority or jurisdiction conferred upon it under this act. (b) Power to Issue Writs — Process. — The commission and each member thereof shall have power to issue writs of summons, warrants^ of attachment, warrants of commitment and all necessary process in proceedings for contempt, in like manner and to the same extent as courts of record. The process issued by the commission or any member thereof shall extend to all parts of the State and may be served by any persons authorized to serve process of courts of record, or by any person designated for that purpose by the commission or any member thereof. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for the fees of witnesses. § 81. (a) Rehearing. — ^Any party or person aggrieved directly or indirectly by any final order, decision, award, rule or regulation of the commission, made or entered under any provision contained in this act, may apply to the commission for a rehearing in respect to any matters determined or covered by such final order, decision, award, rule or regulation and specified in the application for rehearing within the time and in the manner hereinafter specified, and not otherwise. (b) No Action in Court Unless Application Made. — No cause of action arising out of any such final order, decision or award shall accrue in any court to any person until and unless such person shall have made application for such rehearing, and such application shall have been granted or denied; provided, that nothing herein contained shall be construed to prevent the enforcement of any such final order, decision, award, rule or regulation in the manner provided in this act. (c) Application. — Such application shall set forth specifically and in full detail the grounds upon which the applicant considers said final order, decision, award, rule or regulation is unjust or unlawful, and every issue to be considered by the commission. Such application must be verified upon oath in the same manner as required for verified pleadings in the courts of record and must contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. The applicant for such rehearing shall be deemed to have finally waived all objections, irregularities and il- legalities concerning the matter upon which such rehearing is sought other than those set forth in the application for such rehearing. (d) Answer. — ^A copy of such application for rehearing shall be served forthwith on all adverse parties, if any, and any such adverse party may file an answer thereto within ten days thereafter. Such answer must likewise be verified. If there are no adverse parties, INDUSTRIAL ACCIDENTS. 457 such application may be heard ex parte or the commission may re- quire the application for rehearing to be served on such parties as may be designated by it. (e) Proceeding on Rehearing^. — Upon filing of an application for a rehearing, if the issues raised thereby have theretofore been adequately considered by the commission, it may determine the same by confirm- ing without hearing its previous determination, or if a rehearing is necessary to determine the issues raised, the commission shall order a rehearing thereon and consider and determine the matter or matters raised by such application. Notice of the time and place of such re- hearing shall be given to the applicant and the adverse parties, if any, and to such other persons as the commission may order. (f) Decision After Rehearing. — If after such rehearing and a con- sideration of all the facts, including those arising since the making of the order, decision or award involved, the commission shall be of the opinion that the original order, decision or award or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change or modify the same. An order, decision or award made after such rehearing, abrogating, changing or modifying the original order, decision or award shall have the same force and effect as an original order, decision or award, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order, decision or award, unless so ordered by the commission. An application for a rehearing shall be deemed to have been denied by the commission unless it shall have been acted upon within thirty days from the date of filing; provided, however, that the commission may upon good cause being shown therefor, ex- tend the time within which it may act upon such application for re- hearing for not exceeding thirty days. § 82. (a) Rehearing of Order Awarding or Denying Compensa- tion — Grounds. — ^At any time within twenty days after the service of any final order or decision of the commission awarding or denying compensation, or arising out of or incidental thereto, any party or parties aggrieved thereby may apply for such rehearing upon one or more of the following grounds and upon no other grounds: (1) Excess of Powers. — That the commission acted without or in excess of its powers. (2) Fraud. — That the order, decision or award was procured by fraud. (3) Insufficient Evidence. — That the evidence does not justify the finding of fact. (4) New Evidence. — That the applicant has discovered new evi- dence, material to him, and which he could not, with reasonable diligence have discovered and produced at the hearing. (5) Insufficiency of Findings. — That the findings of fact do not support the order, decision or award. 458 HILLYER^S LEGAL MANUAL. (b) Right of Commission to Review. — Nothing contained in this section shall, however, be construed to limit the right of the commis- sion, at any time within two hundred forty-five weeks from the date of its award, and from time to time, after due notice and upon the application of any party interested, to review, diminish or increase, within the limits provided by this act, any compensation awarded upon the grounds that the disability of the person in whose favor such award was made has either increased or diminished or terminated. § 83. (a) Rehearing of Any Other Order — Grounds. — At any time within twenty days after the service of any other final order, decision, rule or regulation made by the commission under the provisions of this act, any party or parties, person or persons aggrieved thereby or otherwise affected, directly or indirectly, may apply for such re- hearing upon one or more of the following grounds and upon no other grounds : (1) Excess. — That the commission acted without or in excess of its powers. (2) Fraud. — That the order or decision was procured by fraud. (3) Unreasonableness. — That the order, decision, rule or regulation is unreasonable. (b) Right of Commission to Adopt New Standards. — Nothing con- tained in this section shall be construed to limit the right of the commis- sion, at any time and from time to time, to adopt new or different rules or regulations or new or different standards of safety, or to abrogate, change or modify any existing rule, regulation, or standard, or any part thereof, or to deprive the commission of continuing jurisdiction over the same or to prevent the enforcement in the manner provided by this act, of any rules, regulations or standard of the commission, or any part thereof, when so adopted, or changed, or modified. § 84. (a) Certiorari. — Within thirty days after the application for a rehearing is denied, or, if the application is granted, within thirty days after the rendition of the decision on the rehearing, any party affected thereby may apply to the Supreme Court of this State or to the District Court of Appeal of the appellate district in which such person resides, for a writ of certiorari or review (hereinafter referred to as a writ of review) for the purpose of having the lawfulness of the original order, decision or aw^ard or the order, decision or award on rehearing inquired into and determined. (b) Return. — Such writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the commission to certify its record in the case to the court. On the return day the cause shall be heard in the court unless for good cause the same be continued. No new or additional evidence may be intro- duced in such court but the cause shall be heard on the record to the commission as certified to by it. The review shall not be extended further than to determine whether or not: INDUSTRIAL ACCIDENTS. 459 (1) Excess. — The commission acted without or in excess of its powers. (2) Fraud. — The order, decision or award was procured by fraud. (3) Unreasonableness. — The order, decision, rule or regulation is unreasonable. (4) Whether Findings Support Decision. — If findings of fact are made, whether or not such findings of fact support the order, decision or award under review. (c) Findings and Conclusions Conclusive. — The findings and conclu- sions of the committee on questions of fact shall be conclusive and final and shall not be subject to review ; such questions of fact shall in- clude ultimate facts and the findings and conclusions of the commission. The commission and each party to the action or proceeding before the commission shall have the right to appear in the review proceeding. Upon the hearing the court shall enter judgment either affirming or modifying or setting aside the order, decision or award. (d) Proceedings in the Courts — Jurisdiction to Review — Mandamus. The provisions of the Code of Civil Procedure of this State relating to writs of review shall, so far as applicable and not in conflict with this act, apply to proceedings in the courts under the provisions of this section. No court of this State (except the Supreme Court and the District Courts of Appeal to the extent herein specified) shall have jurisdiction to review, reverse, correct or annul any order, decision or award of the commission or to suspend or delay the operation or exe- cution thereof, or to restrain, enjoin or interfere with the commission in the performance of its duties; provided, that a writ of mandamus shall lie from the Supreme Court or the District Courts of Appeal in all proper cases. § 85. (a) Effect of Filing Application for Rehearing.— The filing of an application for a rehearing shall have the effect of suspending the order, decision, award, rule or regulation affected, in so far as the same applies to the parties to such application, unless otherwise ordered by the commission, for a period of ten days, and the commission may, in its discretion and upon such terms and conditions as it may by order direct, stay, suspend or postpone the same during the pendency of such rehearing. (b) Stay of Proceedings on Review. — The filing of an application for, or the pendency of, a writ of review, shall not of itself stay or suspend the operation of the order, decision, award, rule or regula- tion of the commission subject to review, but the court before which such application is filed may, in its discretion, stay or suspend in whole or in part the operation of the order, decision, award, rule or regula- tion of the commission, subject to review upon such terms and condi- tions as it may by order direct. § 86. (a) Rule of Construction. — Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally con- strued by such court. 460 hillyer's legal manual. (b) Constitutionality. — If any section, subsection, subdivision, sen- tence, clause or phrase of this act is for any reason held to be uncon- stitutional, such decision shall not affect the validity of the remain- inor portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases is declared unconstitutional. (c) Employers Engaged in Interstate Commerce. — This act shall not be construed to apply to employers or employments which, according to law, are so engaged in interstate commerce as not to be subject to the legislative power of the State or to employees injured while they are so engaged, except in so far as this act may be permitted to apply under the provisions of the constitution of the United States or the acts of Congress. § 87. (a) Election to Come Under This Act. — Any employer, hav- ing in his employment any employee not included within the term ^'employee" as defined by section 14 of this act or not entitled to com^ pensation under this act, and any such employee, may, by their joint election, elect to come under the compensation provisions of this act in the manner hereinafter provided. (b) Election on Part of Employer. — Such election on the part of the employer shall be made by filing with the commission a written statement to the effect that he accepts the compensation provisions of this act, which, when filed, shall operate, within the meaning of sec- tion 12 of this act, to subject him to the compensation provisions of this act, and of all acts amendatory thereof, for the term of one year from the date of filing, and thereafter without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file in the office of the commission a notice in writing that he withdraws his election. Such acceptance shall not be held to include employees whose employment is both casual and not in the usual course of the trade, business, profession or occupation of the employer, unless expressly mentioned therein. (c) Employee Deemed to have Accepted. — Any employee in the ser- vice of any such employer, shall be deemed to have accepted, and shall, within the meaning of section 12 of this act, be subject to the com- pensation provisions of this act, and of any act amendatory thereof, if, at the time of the accident for which liability is claimed : (1) The employer charged with such liability is subject to the com- pensation provisions of this act, whether the employee has actual notice thereof or not ; and (2) Such employee shall not, at the time of entering into his contract of hire, have given to his employer notice in writing that he elects not to be subject to the compensation provisions of this act; or, in the event that such contract of hire was made in advance of the election INDUSTRIAL ACCIDENTS — LAW AND RULES. 461 by the employer, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such employer for thirty days after the employer has filed his election. § 88. Report to the Governor. — The commission shall, not later than the first day of December of each calendar year, subsequent to the year 1913, make a report to the governor of the State covering its entire operations and proceedings for the previous fiscal year, with such suggestions or recommendations as it may deem of value for public information. Such report shall be printed and a copy thereof furnished to all applicants within this State. § 89. Appropriation. — The sum of one hundred eighty-seven thou- sand four hundred seventy dollars is hereby appropriated out of any money in the State treasury, not otherwise appropriated, to be used by the industrial accident commission in carrying out the purposes of this act, and the controller is hereby directed to draw his warrant on the general fund from time to time in favor of said industrial accident commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same. § 90. Acts Repealed. — All acts or parts of acts inconsistent with this act are hereby repealed. § 91. Not Voted Active. — The compensation provisions of this act shall not apply to any injury sustained prior to the taking effect thereof. § 92. Act in Force 1914. — This act shall take effect and be in force on and after the first day of January, A. D. 1914. RULES OF THE INDUSTRIAL ACCIDENT BOARD OF CALIFORNIA. The following rules went into effect under the provisions of chapter 399, Laws 1911, and will probably be the basis of new rules by the new commission under the act of 1913. Rule I. Preliminary.— Chapter 399, Laws 1911, may be cited as the "Employers' Liability Act," and these rules as the "Industrial Acci- dent Board Rules." All words and phrases used in these rules shall have the same meaning as is given to the same words and phrases in sections 3 to 31 of the "Employers' Liability Act." Rule n. Office of Industrial Accident Board. — The office of the In- dustrial Accident Board is hereby established at room 907, Royal Insurance Building, Pine and Sansome streets, San Francisco. Such office shall be open during such hours as are fixed by law for the transaction of public business. The board may from time to time hold public sessions in such other places in the State as convenience may require. 462 hillyer's legal manual. Rule III. Posting" of Notices. — Employers shall immediately post, and keep posted, all notices required to be posted by the Industrial Accident Board, in conspicuous places in their offices and works, where such notices are most likely to be seen and read by their employees. Rule IV. Reports. — Employers anl physicians attending injured employees shall, within ten days after the happening of an accident causing a loss of industrial time lasting more than one week, make a full report thereof to the Industrial Accident Board. In any case where a compromise of liability for accident is made directly by the employer and employees, a full report of such compromise shall be immediately made by the employer to the Industrial Accident Board. Rule V. Parties to Proceedings. — When a controversy arises con- cerning any matter over which the Industrial Accident Board has jurisdiction, any party to the controversy may apply to the board for relief. The party making such application shall be known as the *' applicant." All other persons necessary to enable the board effec- tively and completely to adjudicate upon and settle all questions involved, shall be made parties (to the application and shall be known as the ''respondents." An application on behalf of the dependents of a deceased workman for the settlement of a controversy may be made by the legal personal representatives (if any) of the deceased workman on behalf of such dependents or by the dependents themselves. All such dependents shall be joined in the application either as applicants or respondents. An application for the settlement of a controversy respecting medi- cal attendance or the burial expense of a workman who leaves no dependents shall be made by the legal representatives (if any) of the deceased workman. If there are no such personal representatives, the application may be made by any creditor to whom any such expenses are due, and all other such creditors known as the applicant must be joined as respondents. If the amount awarded is not sufficient for the payment of such expenses in full, it shall be divided in proportion to the respective amounts found to be due. Rule VI. Joinder of Parties. — ^AU persons may be joined as appli- cants in whom any right to any relief in respect of or arising out of the same transaction or series of transactions is alleged to exist. All persons may be joined as respondents against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative, and the board will of its own motion order that any addi- tional party or parties be joined, when it deems their presence neces- sary. Rule VII. Pleadings. — (1) Application. The applicant shall file a w^ritten application for relief Avith the Industrial Accident Board, con- taining the names of all parties, a general statement of the claim in controversy, the facts relating thereto, and of the relief sought to be obtained. The board will thereupon fix a time and place for the hear- ing thereof, which shall not be more than forty (40) days after such INDUSTRIAL ACCIDENTS^RULES. 463 filing and will serve a copy of such application, together with the notice of hearing, upon each adverse party. Either party shall have the right to be present at any hearing, in person or by attorney or any other agent, and present such testimony as shall be pertinent to the controversy. (2) Answer. When any respondent desires to disclaim any inter- est in the subject matter of the claim in controversy, or considers that the application is in any respect inaccurate or incomplete or desires to bring any fact, paper or document to the attention of the board as a defense to the claim or otherwise, he must, within ten days after the service of the application, file with or mail to the board his answer, setting forth the particulars in which the application is inaccurate or incomplete and the facts upon which he intends to rely. A copy thereof must likewise be served upon each party to the proceedings. Any material allegation contained in the application and not contro- verted in the answer will be deemed to be admitted. Rule Vm. Service of Pleadings. — Any pleading or document may be served either by delivering to and leaving with the person to be served, a copy thereof, or by mailing to such person, by United States registered mail a copy thereof in a sealed envelope, with the postage thereon fully prepaid, addressed to such person at his last known place of business or residence. "Where a pleading or document is served by mail, it shall, unless the contrary be proved, be deemed to have been served, at the time when the letter containing the same would have been delivered in the ordi- nary course of post. Proof of such mailing shall be prima facie proof of service. Rule IX. Awards. — An award may be rendered in favor of or against any one or more of the applicants or respondents, according to their respective rights and liabilities. In every award the compensa- tion to be paid to each person shall be set forth separately. Rule X. Examiner. — Whenever convenience may require, the In- dustrial Accident Board will appoint an examiner, whose duty it shall be to aid the board in making settlements between employers and employees, conduct investigations, take testimony, and to make report of any and all matters relating to the claim in controversy to the board. The board may at any time, and with or without notice to either party, cause testimony to be taken, or any other investigation to be made. Rule XI. Depositions. — Depositions may be taken before any notary public or other officer authorized to administer oaths, and, when so taken, used upon any hearing where the convenience of the witnesses requires. Such depositions shall be taken upon notice in the same manner as in courts of records. Rule XII. Stenographic Reporter. — Either party may, upon pay- ment of the costs attendant thereon, require that the testimony pro- 464 HILLYER'S LEGAL MANUAL. duced at any hearing be taken down and transcribed by a shorthand reporter. Rule XIII. Amendments. — The board, or any member thereof, may at any time, with or without notice, upon good cause shown, permit any amendment to any pleading or open up any default. The board may amend or modify or vacate any order or award upon motion of either party or upon its own motion. The moving party shall serve upon all other parties to the proceeding a notice of such motion five days prior to the time when the same is to be heard, unless otherwise ordered by the board or a member thereof. Rule XrV. Extension of Time. — The board, or any member thereof, may, either w^th or without notice, grant extensions of time within which to comply with any rule upon good cause shown, and may like- wise grant adjournments of hearings. Rule XV. Stipulations. — Parties to a controversy may stipulate the facts in writing, and the board may thereupon make its order or award based upon such stipulation. Rule XVI. Exceptions. — At any hearing had before the board, or before any examiner appointed by it, a note shall be made of any question of law raised or exception taken and of the facts in evidence in relation thereto. Rule XVn. Appeals. — ^Any party aggrieved may, within thirty (30) days from the date of the award, file with the Industrial Accident Board an application, in writing, for a review of such award, stating generally the grounds upon which a review is sought, the points upon which he relies, and the facts in evidence relating thereto. A copy of such application shall at the same time be served by the appellant upon all adverse parties. The adverse party or parties may, within ten (10) days thereafter, file with the board an answer to such application for review, stating generally his objections, his points, and the facts in evidence in relation thereto. The board will thereupon prepare and certify a transcript of the testimony taken and transmit the same, to- gether with all documents and papers on file in the matter, to the Superior Court. It is hereby ordered that the foregoing rules be, and the same are, adopted as the rules governing the Industrial Accident Board, and for the regulation of practice, and that the same go into effect forthwith. San Francisco, October 25, 1911. INSTRUCTIONS AND SCHEDULES. General Notice. — The Rules and Instructions, Rates and Classifica- tions, given herewith take effect January 1, 1914. In every manual there must be, of necessity, opportunities for improper classification, and for the evasion of the true spirit of the manual. The fund must rely upon its representatives to apply the manual fairly and equitably INDUSTRIAL ACCIDENTS — INSTRUCTIONS. 465 to the conditions encountered in the solicitation of business. An effort to assign a risk to some manual classification, which may be misin- terpreted to cover it, is improper, and will not be approved by the fund. Representatives are requested to seek a manual classification which most fairly and adequately represents the hazard involved in the risk. No perversion of the classification or evasion of the requirements of this manual will be permitted. General Instructions. — Representatives of the fund should read very carefully the rules, classifications, and rates contained in this manual. No deviation or alteration will be permitted, except as they are promul- grated officially by the fund. When changes in this manual are made, agents will be notified as promptly as possible, and they shall there- upon enter such changes herein, and be governed thereby. Representatives must be especially careful to see that every portion of the application or proposal for insurance is correctly prepared, as this is the basis of the insurance contract, and any inaccuracy or uncer- tainty as to the nature of the risk may lead to serious misunderstand- ing and result in dissatisfaction to the assured, to the fund and to its representatives. Classifications shall be stated as in the manual, and an estimate of pay-roll, with the proper premium rate, shall appear in all applications or proposals. Residences, Farms and Estates. — For employees in connection with residences, farms or estates the following rates shall apply: Residences: For each ''chauffeur," see classification. For each 'coachman," see classification. For each "gardener," "choreman," or "general laborer," $6 per annum. For each "house servant," $4 per annum. For intermittent labor (meaning occasional employment of persons for general labor) a blanket charge of $7 per annum. Farms: For all employees including house servants a rate of $1.50 for each $100 of actual cash wages exclusive of board and lodging. Estates: For each "chauffeur," see classification. For each "coachman," see classification. For each "farm laborer," see classification. For each "gardener," "ehoreman," or "general laborer," $6 per annum. For each "house servant," $4 per annum. For intermittent labor (meaning occasional employment of persons for general labor) a blanket charge of $7 per annum. Minimum Premiums. — A minimum premium is an expression of the lowest premium amount for w^hich a single risk can be w^ritten and carried for any period. Where the actual premium computed at the rates is less than the minimum premium the minimum premium shall be the controlling premium for the policy, but where the actual pre- mium computed at the rates is more than the minimum premium, the actual premium shall control. In the event of the cancellation of any 30 466 hillyer's legal manual. policy of insurance or contract with the policy-holder according to its terms, if the minimum premium expressed in the policy is the con- trolling premium, cancellation shall be upon the basis of the minimum and in accordance with the rules respecting cancellation. In the case of any risk classified in any schedule except the Contract- ors' Schedule, where work is performed away from shop or plant, the assured shall be instructed in all such cases that a separate record of pay-roll must be kept and proper rates applied thereto in accordance with the rates and classifications contained in the Contractors* Schedule. Rates. — The rates cover the entire obligation of compensation for bodily injuries imposed by Chapter 176, Laws of 1913, State of Cali- fornia, including the obligation for statutory medical aid provided in paragraph (a) of section 15, It is not permissible to write a compen- sation coverage policy including statutory medical aid. The rates are based on the average hazard in each classification, omitting, however, the hazard involved in any part thereof, for which provision for separate rating has been made. In applying these rates to particular risks, additions or deductions will be made according as the physical inspection of each such risk shows it to be above or below the average for which the rate was formed. The fund further reserves the right to arbitrarily or specifically rate any risk which may, in the opinion of the fund, require such arbitrary or specific rating. Medical Aid. — Paragraph (a) of section 15 of the compensation law provides that an injured employee shall be furnished such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches and apparatus, as may reasonably be required at the time of the injury and thereafter during the disability, but not exceeding ninety days, to cure and relieve from the effects of the injury, the same to be provided by the employer; and in case of his neglect or refusal seasonably to do so the employer to be liable for the reasonable expense incurred by or on behalf of the employee in providing the same. This provision is a part of the compensation plan. Compensation rates include this obligation. Compensation coverage cannot be written to exclude this obligation. Pay-roll. — The employer who desires to insure his workmen's com- pensation obligation must cover all its operations and include all pay- roll of any nature at the proper rates. The term "pay-roll" shall be understood to mean any form of remuneration received by an em- ployee of any character or grade, whether such remuneration is in the form of wages, salaries, allowances, bonuses, board, store certificates, contract price for piece-work, or any other consideration moving from the employer to the employee as a part of the contract of employment. The pay-roll shall not, however, include special reward for meritorious achievement, for discovery, nor pure gratuities, nor the results of voluntary profit-sharing arrangements, provided these or any of them INDUSTRIAL ACCIDENTS — INSTRUCTIONS. 467 are no part of the contract of employment, or actual consideration therefor. Executive Officers. — "Executive Officers" shall mean those officers of a corporation commonly styled as president, vice-president, secre- tary or treasurer, and shall include, in addition thereto, any other executive officers enumerated in and employed by the charter or any regularly adopted by-law of the corporation and who are elected or appointed and empowered by the directors. Employers may be practically classed in three divisions: individual, copartnership and corporation. An individual employer obtains his remuneration from his business in the form of profits rather than wages, and his remuneration forms no part of that remuneration which furnishes the basis for premium computation under these rules. A copartnership employer represents an arrangement under which each of the partners draws his compensation out of the business theoreti- cally under the form of undivided profits, but practically in an agreed amount known in business as "drawing account" of partner. This remuneration of the various members of a copartnership, no matter how many there may be, does not become a part of the remuneration which furnishes the basis for premium computation. These conditions find no equivalent where the employer is a corpo- ration, and it is and should be the effort of those devising just and equitable rules for premium distribution to bring all risks to the same level, so far as the character of the employer is concerned, leaving differentials entirely to operations rather than to organization. In the actual transaction of business the executive officers of a cor- poration as above defined are in most respects quite like the members of a copartnership as regards the contract of employment. As respects the remuneration of executive officers as above defined the fund will exclude entirely such remuneration from the pay-roll to w^hich premium rates shall apply, as in this manual provided, or will, at the option of the applicant, include such executive officers within the compensation coverage and no premium charge will be made upon any portion of the earnings of any executive officer in excess of $1,666.66 per annum; that amount shall be arbitrarily considered the annual earnings of each executive officer for the purposes of compen- sation coverage, but this rule shall not apply to other employees or to persons other than executive officers as above defined. Clerical Office Employees. — It is permissible to state separately in the schedule the remuneration of office employees in strictly clerical duties, and apply thereto the rates provided in this schedule. Teams. — Where teams are owned or used by an employer the drivers, helpers, and all other employees, either permanently or temporarily employed in connection with such teams shall be included at their actual earnings in the pay-rolls reported. The rate for compensation insurance shall be $1.50 for each $100 of wages, except the following classifications: "Boilers (steam) installation of," "Millwrights," 468 HILLYER^S LEGAL MANUAL. ''Safe Movers," ''Iron Workers" and "Scrap Iron and Junk Dealers," for which the rates for the classifications in the Contractors' Schedule shall apply. Also except for coal dealers and logging and lumbering operations, for which the compensation rates of the classifications "Coal Merchants — receiving or shipping by water or by land and water," "Coal Merchants — receiving or shipping by land but not by water" and "Logging and Lumbering operations with transportation of logs to mill (not including operation of logging railroad)" shall apply. Where teams, including drivers, are employed under a contract with the owner of such team for a compensation, only a portion of which is the actual pay-roll of the drivers, one-third of the actual amount paid for such teams under the contract with the owner shall be con- sidered as the pay-roll of the drivers, and included in the policy- holder's pay-roll to which the compensation rate is applicable. In some occupations involving the use of teams it is the practice of employers to temporarily engage helpers w^ho are paid by the job or by the hour and discharged when the particular undertaking is ended These employers are usually known as "roustabouts" or "lumpers." There is no continuity of employment, nor is there regular periodical employment. A roustabout or lumper employed upon a job to-day may never be employed again or may be employed frequently or in- frequently at irregular intervals. The question whether or not this constitutes casual employment which is excluded from the operation of the compensation law is a serious one, but in view of the probable intention of the legislature, it seems reasonable to assume that although such emplojonent is in a sense casual, it is in connection with the regu- lar business operation of the employer and should not be so regarded. The provision respecting casual employment was intended for applica- tion in other directions, such, perhaps, as the employment of an ex- pressman to deliver a package or a boy to run an errand, something not constantly occurring and not really a part of an employer's regu- lar business. Employees of this character should be included at their actual earnings in the pay-rolls reported. Adjacent States. — For drivers of teams operated in states adjacent to and also in the State of California, the home address of the assured being outside of the limits of the State of California, compensation coverage may be provided, while in the State of California, for $7.50 per driver. Under no circumstances is this rule to apply to teams stabled or located in the State of California, even though they may operate a portion of the time in other States. Loading and Unloading. — The employees engaged in loading and unloading must be covered by compensation coverage in accordance with these rules. Drivers are to be covered at the rate provided for drivers, subject to the exceptions to that rate, and helpers and all others are to be covered in accordance with the classifieation which describes the operation undertaken. For example, the unloading of structural iron is covered as to employees at the structural iron rate. INDUSTRIAL ACCIDENTS — INSTRUCTIONS. 469 Chauffeurs. — "Chauffeurs" shall mean for the purposes of these rules those engaged in the driving of mechanically propelled vehicles customarily used upon the highways, but not including vehicles oper- ated upon tracks. Chauffeurs may be covered under the rules appli- cable to drivers, but the minimum rate for a chauffeur shall be one- half per cent of his actual pay-roll. This rule applies to chauffeurs both of commercial cars and those engaged in driving private and pleasure cars. Chauffeurs, including those privately employed upon pleasure cars, can only be covered for compensation when their actual pay-roll is included with the regular business of the employer, or, if the employer has no other business pay-roll, a separate policy may be issued to cover the compensation to one or more chauffeurs, in which event the premium rate shall be as above provided. If the chauffeur lives in the household of the employer, or is boarded or supported by him under any arrangement which makes the cost of such board or support a part of his actual earnings, then his cash wages shall be in- creased by an amount equal to fifty per cent thereof, and such total amount shall be considered and reported as actual pay-roll. No policy upon chauffeurs privately employed apart from the regular business operations of the employer shall be issued for compensation unless the employer shall warrant that he has no other person in his employ, either in his business or in his household, except those included in his policy. Limited and Unlimited Insurance. — The rates given are for unlimited compensation insurance, but the fund reserves the right to decline to insure any risk in which the minimum requirements of the industrial accident commission with regard to construction, equipment and opera- tion are not observed, or which is beyond the safe carrying of the State compensation insurance fund. The fund further reserves the right to decline to grant unlimited in- surance on any risk which, in the opinion of the fund, includes a catastrophe hazard beyond the safe carrying of the State compensation insurance fund. All classifications appearing in this manual marked with a dagger (t) cannot be written for unlimited insurance without authorization by the management. If accepted for limited insurance only, the limit for any one accident or disaster shall not exceed fifteen thousand dollars ($15,000), or such an amount less than that sum which, in the opinion of the management, shall be necessary to bring the risk within the safe carrying of the State compensation insurance fund. For limited compensation insurance the fund may, at its discretion, allow a reduction from the net rate of ten per cent thereof, or such other percentage reduction as may appear to be warranted. Additional Interests. — Two or more employers engaged in a common enterprise involving a common pay-roll may obtain compensation coverage without additional charge because of the additional interests involved, it being understood that there is but one obligation for com- pensation. 470 HILLYER^S LEGAL MANUAL. Draughtsmen. — It is permissible to state separately in the schedule the reniuiieration of draughtsmen engaged in strictly office duties and apply thereto the rates provided in the manual for clerical office em- ployees. In the case of draughtsmen supervising, apply the rates applicable to the hazard in connection with which such draughtsmen are employed. CONTRACTORS^ SCHEDULE. Minimum Premium, $3.00. Blasting. — ^Policies written upon classifications in this schedule marked with an asterisk (*) and expressed to exclude blasting, may be written to cover blasting by the use of the manual classification, rules, and rates therefor. The insured must be instructed in all cases where the separate blasting rate applies, that the amount of blasting pay-roll expended, as defined under this classification, must be separately kept and reported. Railroads. — The rates in this schedule include the construction, main- tenance, and operation by policy-holders of temporary work roads in connection with the work insured, provided such roads are constructed, maintained, and operated exclusively for the prosecution of the work covered by the insurance; that such construction, maintenance and operation is wholly by means of employees of the assured carried on his pay-roll, and that such railroad has no connection with or entry upon the tracks of any other railroad. If conditions are not as above stated, then all pay-rolls engaged in the operation of the road, but not in its construction or maintenance, must be separately kept, stated under the classification, and at the rates provided for railroads in the Miscellaneous Schedule. This entire rule applies only to the Contractors' Schedule, and not otherwise. Classijacation. Rate Additions to, alteration and repair of insured's existing building or plants (not maintenance of equipment covered as manu- facturing operation), excluding the erection or demolition of structural steel or of any fabricated iron or steel product or structure, or the construction of servers, tunnels, shafts, or subways (only to be written in connection with compensation coverage insurance policies covering manufacturing plants) 6 12 Advertising Sign Mfrs. — Erection and repairing only (to cover only, during actual performance of the work) 4 37 Architects, supervising 3 94 Arms — (Heavy ordinance) Erecting 6 12 *Artesian Well Drillers (No blasting) 2 62 Asphalt Layers — Street or sidewalk (including yards and shops) . 2 45 Autogenous Welding (Oxyacetylene) 9 19 Automatic Sprinkler — Erection or installation 2 62 SCHEDULE. 471 Rate Bells, installation of (Tower bells) 3 50 Bill Posters (No erection or repair of signs) 2 62 fBlasting — Pay-roll to include the whole compensation of all em- ployees engaged in the storage, handling, or use of explosives, and all men employed wholly or in part in work preparatory to blasting, such as loading, capping, connecting and firing (policy to be limited when issued to cover blasting only) . . .25 00 *Blast Furnaces — Erecting and repairing and relining (No blast- ing) 9 19 Boat Builders — Constructing canal boats, scows and barges ex- clusively 3 94 Boat Builders — Iron or steel, where staging or scaffolding is used, not otherwise classified (Including shop and yard work) ... 6 56 Boat Builders — Wood, where staging, or scaffolding is used, not otherwise classified (Including shop and yard work) 5 95 Boat Buildersi — Constructing or repairing small yachts, sailboats or rowboats exclusively, wood or metal, not exceeding forty feet over all (Including shop and yard work) 1 75 Boat Builders^ — Constructing or repairing small yachts, sailboats or rowboats exclusively, wood or metal, not exceeding one hundred and fifty feet over all (Including shop and yard work) 3 06 Boiler Scalers 4 37 Boilers (Steam) — Installation of, and construction of necessary concrete or masonry foundations 4 37 Boilers, taking from one place to another 3 50 Brewery Vats (Within breweries, both metal and wood — Installa- tion of (See rates, ''Millwrights, erecting and repairing ma- chinery ") *Bridge Building — Masonry other than concrete (No blasting) . . 7 44 *Bridge Building— Metal (No blasting) .12 25 Bridge Building— Wood (No blasting) 7 44 Building — Office or mercantile, contractors for janitor work, in- cluding cleaning and caretaking, also the operation of the elevators, heating, lighting and power apparatus on the prem- ises 2 62 fBuilding Movers — Other than wooden 10 41 fBuilding Movers — Wooden buildings 9 19 fBuilding — Raising, shoring buildings, removing walls and found- ations, columns and piers, and rebuilding same 10 41 Buildings, Portable — Erection of 3 50 Cabinet Work. See "Carpenters, interior trim." Cable (Electric), placing of same in conduits or subways 3 06 tCaisson Work for building foundations; pay-roll to include that of all employees working under air pressure and all others engaged in or upon the caissons or the apparatus connected therewith 9 19 tCaisson Work for bridges and other subaqueous work; pay-roll to include that of all employees working under air pressure 472 Rate and all others engaged in or upon the caissons or the appara- tus connected therewith 11 03 •Canal Excavating (No blasting) 7 00 *Canal Lock Construction exclusively, with or without excavation (No blasting) 8 75 Carpenters — Construction work (Not bridge building) 4 37 Carpenters — Interior trim and cabinet work only, (This classifi- cation does not cover general carpenter work) 2 45 Carrier Systems inside of mercantile building only — Installation and repair of (Gravity, penumatic or power) 2 36 t*Cellar Excavation (No caisson, or subaqueous work), including digging holes and filling them with concrete for foundation for buildings (No blasting) (refer to executive office if unlim- ited insurance is desired) 6 12 Chimney Construction — Stone, brick, or concrete, not structural iron or steel (See Masonry Work, building chimneys only) *Clay Digging (No canal, sewer or cellar excavation, or under- ground mining) (No blasting) 4 37 Cleaning and renovating stone fronts of buildings 7 00 Clearing of land, removing of stumps and grading for agricultural purposes exclusively, with or without blasting 2 80 t Concrete Erection — Unit system, construction of concrete col- umns, beams, roofs, walls and floors in sections, including subsequent erection and placing of same (Refer to executive office if unlimited insurance is desired) 7 87 tConcrete Mixers (Mechanical), operating of (Refer to executive office if unlimited insurance is desired) 9 19 t*Concrete Work: Bridge Building — Pay-roll to include those en- gaged in making, setting up and taking down of frames, scaffolds and false work (No caisson work, no blasting) (Refer to executive office if unlimited insurance is desired) . . 9 19 t*Concrete Work: Building (Not grain elevators), reinforced con- crete construction, with self-bearing floors or other horizontal surfaces or parts, constructed by means of reinforced con- crete. Pay-roll to include those engaged in making, setting up and taking down of frames, scaffolds and false work (No blasting) (Refer to executive office if unlimited insurance is desired) 9 10 t*Concrete Work, Buildings (Not grain elevators), concrete con- struction, without reinforcement, either monolithic in form or by means of blocks, in which floors, beams, and horizontal bearing surfaces are not of reinforced or self-bearing con- crete. Pay-roll to include those engaged in making, setting up and taking down of frames and false work (No blasting) (Refer to executive office if unlimited, insurance is desired) 6 12 •Concrete Work: Culverts (See Bridge or Building Foundations) (No blasting). INDUSTRIAL. ACCIDENTS — CONTRACTORS ' SCHEDULE. 473 Rate ^Concrete Work: Dams. See Waterworks (No blasting). Concrete Work : Floors or pavements of artificial stone or con- crete, not reinforced or self -bearing 2 45 Concrete Work: Foundations for buildings. Pay-roll to include those engaged in making, setting up and taking down frames, scaffolds and false work, excluding all work in tunnels, sub- ways or caissons, for which use proper classifications and rates 5 25 Concrete Work: Foundations for piers, or abutments for bridges (Not concrete bridges), retaining walls, water conduits (no tunneling), and other structures (not buildings, bridges or dams). Pay-roll to include those engaged in making, setting up and taking down frames, scaffolds and false work, exclu- ding all work in tunnels, subways or caissons, for which use proper classifications and rates 6 12 t Concrete Work: Grain Elevators. Pay-roll to include those en- gaged in making, setting up and taking down frames, scaf- folds and false work (Refer to executive office if unlimited insurance is desired) 9 10 Conduits, already constructed underground (placing electrical cable or wire therein) 3 06 ^Conduits for electric wires — Construction work (No blasting) . . 5 25 ^Contractors building wooden or frame private residences, flats, apartments, flats with stores underneath, one-story stores and stores with offices above, private stables and private garages, exclusively and buildings not mercantile or factory, all not exceeding three stories and basement in height, in- cluding jobbing work connected therewith (No blasting). Not available for coverage in a policy which also covers other classes of building construction 3 32 NOTE. — This classification does not include the erection of churches, theaters or buildings intended for State, county or municipal use, such as courthouses, city halls or capitol build- ings. ^Contractors building private residences, flats, apartments, flats with stores underneath, one-story stores and stores with offices above, private stables and private garages exclusively, and buildings not mercantile or factory, all not exceeding three stories and basement in height, where outside walls above foundations are wholly or in part of masonry or con- crete, including jobbing work connected therewith (no blast- ing). Not available for coverage in a policy which also covers other classes of building construction 4 20 NOTE. — This classification does not include the erection of churches, theaters or buildings intended for State, county or municipal use, such as courthouses, city halls or capitol build- ings. 474 hillyer's legal manual. Kate Contractors, General — Where all work is subcontracted, or where contractor performs work involving more than one manual classification: (a) For watchmen and time-keepers only 4 37 (b) For superintendent, watchmen and cleaners 4 37 (c) Officers and employees supervising work 4 37 NOTE. — Superintendence only cannot be insured except at the highest rated manual classification for any direct work in- volved. Conveyors — Coal and ash, installation of (in connection with power and manufacturing plants) 7 44 Conveyors and Hoisting Apparatus — Coal and ore, installation of in connection with docks) 11 03 Coppersmiths (away from shop) 6 12 Coppersmiths — Installing and erecting appliances, copper and other sheet metals, wholly inside buildings not in course of construction 2 62 Cornices and Skylights, repairing and erecting 6 12 Corrugated Iron Buildings — Erecting on or covering buildings already constructed (No structural steel work) 6 12 Cranes and Derricks — Installation of 7 44 Crib Work 6 12 *Dams — See Waterworks (No blasting). Decorators, interior and exterior — Hanging flags and bunting for conventions and celebrations 4 81 Decorators — Within buildings only 2 01 ♦Diamond Drilling (No blasting) 2 62 *Ditch Digging — Irrigation or drainage only. (No sewer or canal building, no blasting) 3 76 Divers 11 37 Door, window frame or sash, erecting and repair — Metal or metal covered 2 62 Dredging — By floating dredges 5 25 Drilling Work — Prospecting for ore (No shaft sinking, no blast- ing) 2 62 Driving of wells for salt mining 2 62 fDry Docks — Construction of (No blasting) 7 35 tDry (floating) Docks — Construction of 5 69 fDry Docks — Operating docks and repairing of vessels only (No construction of docks) 9 62 Dumbwaiters — Installation of 3 32 Electrical apparatus, erection and repair work only, including the making of service connections and the installation of equip- ment in power plants, excluding erection of poles and string- ing of wires 3 06 Electrical equipment, installation and repairs, within buildings, and on buildings incidental to inside work, including the SCHEDULE. 475 Rate making of service connections for such work, excluding the installation of equipment in power plants 2 01 Electric Light and Power Companies — Construction of transmis- sion lines not intended for local distribution 6 56 Electric Light and Power Companies — Construction work exclu- sively with erection of poles 6 56 Elevators (Passenger or freight), erecting 6 12 Elevators (Passenger or freight), repairing only 3 50 Elevator Gates^ — Installation of safety gates 2 62 Engines (Steam) — Installation of 4 37 t Excavating for bases of dams, retaining walls and bridge found- ations — No caisson work or cellar excavation (Refer to ex- ecutive office if unlimited insurance is desired) 6 12 Farm Machinery — Erecting, repairing, testing and demonstrating 3 50 Fences — Wood, stone, metal or concrete, construction of 2 36 Fire Alarms — Municipal systems, construction of 5 25 Fire Escapes — Erecting and repairing 9 10 Fire inspection of mercantile and manufacturing plants and simi- lar risks 2 19 Fireproof Construction — By means of w^ire lathing and concret- ing, excluding roofs, floors and horizontal surfaces 6 12 Fireproof Construction — Reinforced or suspended concrete floors. See "Concrete Work: Buildings, reinforced concrete construction," etc. Fireproof Doors and Shutters — Erecting and repairing inside of buildings exclusively 2 62 Fireproof Doors and Shutters — Erecting and repairing outside of buildings 9 10 Fireproof Tiles — Construction and repair 6 12 Floor surfacing by machines operated by electricity 2 45 Fumigation of buildings 1 14 Furnaces (Heaters or stoves) — Putting together and setting up in private residences only 2 01 Galvanized Iron and Sheet Iron Workers — Erecting and repair- ing (No tank erection) 6 12 Gas Machines, Acetylene — Installation in country residences, churches and factories 3 50 Gas, steam and hot-water apparatus, fitters and installation of ventilating plants (shop and outside). Must include shop pay-roll, if any 2 01 *Gas Works — Laying of mains and connections (No tunneling or blasting). Rates include gas explosion, inhalation or asphyxiation 5 25 General Contractors. See "Contractors, general." Glaziers (Away from shop) 2 19 Grading Land — No canal or cellar excavation, excluding railroad construction and road or street making (No quarrying or blasting) 3 06 476 HILLYER^S LEGAL MANUAL. Rate Gravity Chutes — Erection of 4 37 Hod Hoists — Installation, operation and removal of hod elevator and construction hoists 7 87 Hot-house Erection 2 63 House Furnishing (Not otherwise classified) — Installation of . . 87 Iron and Steel Lock Gates — Construction and installation 10 94 tiron "Work — Erecting steel and iron frame structures (No bridge building) 12 25 Iron "Work — Erecting balconies, fire-escapes, railings, staircases, coal chutes, iron shutters (Outside of buildings) 9 10 Iron Work — Placing iron or steel store fronts as alterations of existing building (No new construction) 9 19 Iron, Ornamental. See Ornamental brass, bronze and iron works within buildings — Erecting . Jetty and breakwater building 6 12 Jobbing "Work on Buildings, other than private residences, exclud- ing iron and steel frame erection and the demolition of build- ings 5 25 Ladders — Installation of, in buildings, together with rollers and tracks for same 2 36 Lamplighters 2 39 ^Landscape Garden Work (No blasting) 2 80 Lathers 2 19 Leather Belting — Installation and repair 3 06 Lightning Rods — Erecting 6 12 Light Prisms — Erecting and repairing (except in pavements and grade floors) 7 87 Light Prisms — In pavements and grade floors, erecting and re- pairing 2 45 Locksmiths^ — Repairing, fitting and installing locks in completed buildings (Including shop and outside work) 1 14 Mail Chutes in office buildings — Installation of 2 36 Mailing Machines — Installation of. See "Millwrights." Mantel Setters and Repairers 1 75 Marble and Stone Setters — Inside construction 1 75 *Marble and Stone Setters — Away from shop (No blasting) 6 12 Marble and Stone Work — Decoration in place only 4 37 Marine Railway — Construction of 5 69 fMarine Railway — Handling boats, displacement 80 tons or less. . 2 80 fMarine Railways — Handling boats, displacement over 80 tons. . 6 12 f *Masonry Bridges — Other than concrete (No blasting) 7 44 t*Masonry Work — Building chimneys only (No structural iron or steel) (No blasting) 9 80 *Masonry Work — (Not otherwise classified) (No blasting) 6 12 Masonry work in connection with sewers should take the sewer rate and not the "Masonry Work (Not otherwise classified) " rate. This rate to be applied, irrespective of whether the General Contractor subcontracts the masonry work or does it himself. INDUSTRIAL ACCIDENTS — CONTRACTORS ' SCHEDULE. 477 Rate Mausoleums, Monuments and Mortuary Work — Erecting only. ... 4 81 Merry-go-rounds, Swings and other similar circular, movable amusement devices — Dismantling, removing, erecting and re- pairing 7 00 Metal Ceiling Work — Installation away from shop 2 19 Metallic Lathing 2 79 Millwrights^ — Erecting and repairing machinery 3 50 Mosaic Work — Floors only, within buildings 1 49 Mural Decorations and setting stained glass windows in churches and public buildings 2 01 Office Furniture and Fixtures — Metal, erection of 1 92 Oil Producing — Including the driving of wells and putting raw product in vessels or pipe-lines for transportation 2 62 Ornamental brass, bronze and iron work within buildings — Erect- ing 5 25 Owners engaged in construction work, or for whom construction work is being done. See "Contractors, General." Oxy acetylene Welding (Autogenous welding) 9 19 Packers — Packing and unpacking furniture and other household utensils. See rates Warehouse and Store Schedule, "Storage furniture." Teams — Policy must also be carried to cover moving operations. Painting and Decorating (Away from shop) 4 81 Painting and Decorating — Interior work exclusively (Away from shop) 2 01 Paper-hangers 2 01 Parquet Floor Laying 1 49 Paviors (Not otherwise classified), including shop and yard 2 45 Pile-drivers — Including timber wharf building thereon, if any . . 6 12 Pile-driving for building foundations 6 12 Plaster Board — Erecting away from shop 2 19 Plaster Block (Not fireproof tile). Partitions, erection of, inside of buildings 2 19 Plasterers 2 19 Plumbers (Including house connections). Must include shop pay- roll, if any 2 01 Pneumatic Tubes — Installation of, including construction of con- duits and manholes, and care and maintenance of same (no blasting) 5 25 Portable Bakers' Ovens — Installation or removal 2 36 Portable Buildings — Erection of 3 50 Pumps — Erection or installation 3 50 ^Railroad Construction — Steam (no blasting, tunneling or bridge building), including incidental culverts not more than 10-foot span and steam shovel work 6 12 •Railroad Construction — Steam (no blasting, tunneling or bridge building), including incidental culverts not more than 10-foot span (no steam shovel). (Not available for division of pay- roll) 4 81 478 hillyer's legal manual. Rate ♦Railroad Construction — Electric, horse or cable, with or without installation of electric equipment or pole lines connected therewith, including incidental culverts not more than 10-foot span ; interurban lines exclusively (no blasting, tunneling or bridge building). (Not available for division of pay-roll) ... 4 81 *Railroad Construction — Electric, horse or cable, with or without installation of electric equipment or pole lines connected therewith, including incidental culverts not more than 10-foot span ; urban lines entirely within the corporate limits of any one city or town (no blasting, tunneling or bridge building). (Not available for division of pay-roll) 4 11 Railroad Construction — Electric, horse or cable (not including third rail system). Laying or relaying of rails exclusively. (Not available for divided pay-rolls) 4 11 Railroad Construction — Electric — Rail joint welding in street by molten metal or electricity 8 75 Railroad Signal erection or installation (not including operation of railroad) 5 25 *Refrigerating Company — Excavation and laying and repair of pipe-lines (no blasting) 5 25 Refrigerating Machinery — Installation of 3 50 Riggers — Ship or boat 4 55 fRiggers — Not ship or boat 9 10 *Road or Street Making (no quarrying), including incidental cul- verts not more than 10-foot span (no blasting) 3 06 Roofers^ — Using exclusively felt, paper, pitch or any bituminous material, with or without a finished surface of gravel, slag or flat tile (not overlapping) 4 81 Roofers, not otherwise classified 6 12 Safe Movers 10 50 Safety Tread^ — Erection and installation 2 89 Salt Mining — Including driving wells 2 62 t*Salvage Operations — In buildings previously damaged by fire, all operations incidental thereto, including handling, storing and distributing goods (no blasting) 12 25 *Sand and Gravel Diggers — (No canal, sewer or cellar excavation or grading ; no blasting) 4 37 Sand Excavation by means of suction dredges, including loading and unloading at docks, wharves and elsewhere 4 37 Scaffolds — Installation, operation and removal of 7 87 NOTE. — This classification is available only to concerns en- gaged in installing and leasing scaffolds to contractors, includ- ing the operation and removal of same when work has been completed. t*Scrap Iron and Junk Dealers — Away from shop (no blasting) (refer to executive office if unlimited insurance is desired) . .12 25 tSewer Building— No limit of depth 11 03 t Sewer Building — Maximum depth of excavation 7 feet at any point. (Not available for division of pay-roll) 9 10 INDUSTRIAL ACCIDENTS — CONTRACTORS^ SCHEDULE. 479 Rate Masonry work in connection with sewers should take the sewer rate and not the ''Masonry Work (not otherwise classified)" rate. This rate to be applied irrespective of whether the Gen- eral Contractor subcontracts the masonry work or does it himself. Sewer Cleaning — Done by inserting a cylinder at one manhole and connecting it with rods from the next manhole and draw- ing it through the sewer, taking out the sediment in buckets.. 6 12 *Sewage Disposal Plants — Construction of, for private houses, in- stitutions or hotels, and not connected with public sewers (no blasting) 6 12 *Sewage Disposal Plants, public — Not sewer construction or blast- ing 7 44 f^Shaft Sinking .12 25 Ship or Boat Builders — Wood, where staging or scaffolding is used, not otherwise classified (including shop and j^ard work) 5 95 Ship or Boat Builders — How, where staging or scaffolding is used. not otherwise classified (including shop and yard work) 5 95 Shipwrights — Repairing vessels or the machinery therein, while afloat or upon a dry dock 7 87 Showcases, outside — Erection and installation of 2 01 Shutter Erecting and Repairs — Metal or metal covered 9 10 Sidewalk calking 2 36 Sign (Advertising) Mfrs. — Erecting and Repairing (to cover only during actual performance of the work) 4 37 Sign Painting or Lettering — In buildings or structures 2 36 Sign Painting or Lettering — On buildings or structures 4 29 Silo Erecting— Metal (no blasting) 12 60 Silo Erecting— Wood 7 44 Slaters — Away from shop 6 12 t*Smokestacks and Chimneys (Metal) — Erecting (No blasting) . .11 03 t Smokestacks and Chimneys — Lining of ^ 11 03 *Snow and Ice — Removing (No blasting) . 3 50 Soap Dispensers — Installation and Inspection 1 14 Soda Water Fountains — Installation and repair 2 01 Staff Workers — Erecting buildings or structures 7 26 Stairbuilding (wooden) 2 80 *State or Municipal Road or Street Making, including culverts not exceeding 10-foot span, excluding quarrying or blasting. This classification to include the setting up and taking down of road-making equipment and appliances at the place of work and the operation of road-making machinery or ve- hicles, with or without horses, or other draft animals; also the operation of trucks, traction engines and steam rollers or other vehicles (Not automobiles) in connection with the work of transporting material, merchandise and equipment to and from the place of work. The wages of all drivers, helpers and others engaged in connection therewith to be included in the pay-roll and subjected to the rates. If teams are hired 480 Rate by contract, including drivers, then 50 per cent of the con- tract price of the teams shall be accepted in lieu of drivers' wages 3 06 For quarrying charge upon the pay-roll engaged, the rates given in the manual for ''Quarries (not lime or cement)." Blasting not involved in quarrying operations, charge manual rate. Statuary, in connection with mausoleums, monuments or mortu- ary work — Erection only 4 81 Steam Heating — Laying of mains and connections 5 25 Steam Pipes or Boilers — Applying cork, asbestos and other non- conducting materials to same 2 01 Street Cleaners 2 62 *Street or Road Making — (No quarrying) Including incidental culverts not more than 10-foot span (No blasting) 3 06 tSubways' — ^For passenger and freight traffic — Open cut or cut and cover 12 25 tSubways — ^For passenger and freight traffic — Tunneling only. . .12 25 *Tank or Gas Holders (Metal)— Erecting (No blasting) 11 03 Tank (Wood) Builders— Erecting 7 44 Tank (Metal) — Erecting, within buildings exclusively 7 87 Telegraph or Telephone — Construction exclusively 5 25 Telescopes — Erecting 2 01 Theater Stage Rigging — Setting up ornamental, architectural and theater iron work and all mechanical effects over stages of theaters, including hanging of signs, setting stairways, iron beams and lintels, all included in the operation of stage rig- ging 7 00 Thermostats — Installation of 2 01 Threshing Machines and Shellers — Operation of 5 25 Tile Work — For decorative floors, wainscoting and interior deco- ration 1 75 Tinsmiths — Away from shop 6 12 Traction Harvester, Threshing Machine and Farm Machinery — Operation of 5 25 Trees— Pruning, spraying, repairing, trimming and fumigating, outside limits of towns and cities 4 37 Trees — Pruning, spraying, repairing, trimming and fumigating, in towns and cities 4 37 Truck Pointing (Not available for division of pay-roll). This classification to apply to contractors doing this work exclu- sively 7 00 fTunneling (including all work to completion) 12 25 fTunnel Lining only, masonry concrete (for previously driven tunnels otherwise completed by other contractors). (This classification not available if lining is done by contractors constructing tunnel) 6 12 Upholsterers — Away from shop 87 INDUSTRIAL ACCIDENTS — CONTRACTORS — BAKERS. 481 Rate Vacuum Cleaning — By means of portable air suction cleaning ma- chines — Rate to be charged on all wages, including drivers. . 2 01 Vacuum Cleaning Systems — Installation of 2 01 Vaults, Fire and Burglar Proof — Construction and installation ... 5 69 Vaults, Prison vaults and cells 9 19 Waterproofing cellars and foundations 2 36 Waterproofing in or on structures (Not bridges) by means of felt, paper, burlap or pitch (No roofing and no subaqueous work) 2 36 f* Waterworks — Erection of stand-pipes and water-towers (No blasting) 11 03 ^Waterworks — Construction of pumping stations, dams and res- ervoirs (No blasting) 6 12 ^Waterworks — Laying of mains and connections (No blasting).. . 5 25 Weather Strips, in windows and doors — Installation of 1 49 Windmill Erecting 6 12 Window Calking 7 00 Window Cleaning 6 12 Window Cleaning Devices — Installation of outside buildings. ... 7 00 Window Frames (Metal) — Setting in buildings 2 62 Window Opening Devices — Installation of 2 36 Wire Work (Interior) — Erection only, excluding ornamental brass, bronze or iron work 2 36 t*Wreckers — Marine, including salvage operations (No blasting). 7 00 f* Wreckers — Not marine (No blasting) 12 25 BAKERS, CONFECTIONERS, ETC., SCHEDULE. Minimum Premium, $1.50. Adding sugar to cocoa by means of automatic mixer, including packing and labeling of product (Not available for division of pay-roll) 157 Bakers (Bread, biscuit and cracker) 1 31 Baking Powder Mfrs 1 31 Candy Mfrs 1 57 Chewing Gum Mfrs 1 31 Chocolate Mfrs 1 31 Cocoa Mfrs 1 31 Confectionery Mfrs 1 57 Cracker Mfrs 1 31 Ice Cream Mfrs 1 31 Licorice Mfrs 1 31 Macaroni Mfrs 131 Pure Food Mfrs. (No milling) 1 31 Yeast Mfrs 1 31 31 482 hillyer's legal manual. CHEMICAL PAINT AND DRUG SCHEDULE. Minimum Premium, $1.50. Rate Acid Mfrs. (Not otherwise classified) 3 33 Aerated Water Mfrs 3 70 Alcohol and Acetic Acid Mfrs 1 49 Alum Mfrs 2 22 Anunonia Mfrs 3 33 Aniline and Alizarine Mfrs 2 40 Arsenic Mfrs 3 33 Assayers and Analytical Chemists (Not available for division of pay-roll), shop work only 2 31 Benzine Mfrs .*. 3 70 Bleaching Powder Mfrs 2 22 Boiler Preservative Compounds Mfrs 1 05 Borax Mfrs 2 22 Camphor Mfrs 1 49 Capsule (Gelatine) Mfrs 1 05 Carbonic Acid Gas Mfrs 3 70 Chemical Mfrs. (Not otherwise classified) 3 33 Color (Dry) Mfrs 1 05 Creosote Mfrs 2 22 Dental Material Mfrs 1 05 Disinfectant Mfrs 3 33 Drug Mfrs. (Grinding medicines) 1 05 Essential Oils— Distillation of 1 05 Extract (Dyewood) Mfrs 2 40 Extract (Tanning)' Mfrs 2 40 Flavoring Extract Mfrs 1 05 Hydrogen and Oxygen Mfrs 3 70 Lead (Red) Mfrs 3 24 Lead (White) Mfrs 3 24 Medicinal Extract Mfrs 1 05 Mineral Water Mfrs 3 70 Paint ]\rfrs. (No lead mfg.) 1 05 Patent Medicine Mfrs 1 05 Perfumery and Flavoring Essence Mfrs 1 05 Pharmaceutists 1 05 Pharmaceutical Goods Mfrs. (Bandages, porous plasters, and like fabrics, not otherwise classified) 1 05 Puttv Mfrs 1 05 Saltpetre Mfrs 2 22 Soda Ash Mfrs 2 22 Soda-bicarbonate Mfrs 1 05 Sulphur Mfrs 3 33 Tartaric Acid, Mfrs 1 49 Varnish Mfrs 3 33 INDUSTRIAL ACCIDENTS — CHEMICALS, COACHES, ELECTRIC. 483 Rate Vitriol Mfrs 3 33 Whiting Mfrs 1 05 Wood Preservative Mfrs 2 22 Wool Extract Mfrs. (Lanoline) 1 57 COACH, CARRIAGE AND WAGON SCHEDULE. Minimum Premium, $1.88. Stamping — All rates in this schedule include stamping hazard, if any. Automobile Body (Metal or wood) Mfrs 2 25 Automobile Mfrs 1 2.6 NOTE. — This classification applies only to concerns turning out automobiles as finished products, including the manu- facturing of such parts as they may manufacture themselves, with assembling and finishing of automobiles, and is not appli- cable to concerns engaged in the manufacture of specific parts, such as motors, bodies, castings and the like. Automobile Mfrs. (Assembling of manufactured parts only) (not available for division of pay-roll) 99 Axle (Wood) Mfrs 2 25 Baby Carriage Mfrs 99 Car (railroad) Mfrs. (No steel cars) 4 05 Carriage, Coach and Wagon Mfrs. (Not manufacturing railroad cars) 1 17 Carriage, Coach and Wagon Mfrs. (Assembling of manufactured parts only) — Not available for division of pay-roll 90 Railroad Car Mfrs. (No steel cars) 4 05 Wheel (Wood) Mfrs 2 25 ELECTRIC SCHEDULE. Minimum Premium, $3.00. Electric Light and Power Companies — Operation, maintenance, extension of lines, and making of service connections 6 94 Electric Light and Power Companies — Operation, maintenance, extension of lines and making of service connections, oper- ating no power plant — Power purchased from others. Add 50 per cent to manual rates. Electric Light and Power Companies — ^Transmission lines not for local distribution 6 94 Electric Light and Power Companies — OflSce employees not ex- posed to operating hazard 65 Telegraph and Telephone Companies — Operation, maintenance, extension of lines and making of service connections 5 55 484 Rate Telegraph and Telephone Companies — Office and exchange em- ployees only 65 If manufacturing or mercantile plants insured at the manu- facturing or mercantile rates applicable thereto are engaged in the generating of electricity and supplying the same or any part thereof to other plants or buildings, the manufactur- ing or mercantile rate applicable to the plant or location covered shall be applied to all pay-rolls in that plant, includ- ing the pay-roll engaged in the generation and distribution of the electric current, and in addition thereto there shall be charged as an extra rate upon that portion of the pay-roll actually engaged in the generation and distribution of electric current, including the maintenance of the equipment, a rate equal to 50 per cent of the rates stated in the Electric Schedule under the classification "Electric Light and Power Companies." This rule shall not apply to public service or public utilities plant nor to any plant having for its sole or principal purpose the generation and distribution of electric current. NOTE. — Any construction work in connection with any risk insured under the Electric Schedule to be included at the rate for operation, maintenance and extension of lines. LEATHER AND SHOE SCHEDULE. Minimum Premium, $1.50. Bag Mfrs. — Traveling, portmanteau and valise 99 Baseball Mfrs. 81 Boot and Shoe Mfrs 65 Boot and Shoe Pattern Mfrs. (not available for division of pay-roll) 1 44 Counter, Heel and Sole Cutters — Entire pay-roll to be included without division, except that manual rate may be applied to office pay-roll 1 80 Counter, Heel and Sole Cutters — No hand-fed dinking or stamp- ing machines, operated by mechanical power 1 44 Curriers 1 62 Cut Sole Mfrs. — Entire pay-roll to be included without division, except that manual rate may be applied to office pay-roll 1 80 Cut Sole Mfrs. — No hand-fed dinking or stamping machines, operated by mechanical power 1 44 Cutting Upper Leather — Handwork only 1 44 Degreasing Skins — Being a process of removing grease from skins, both tanned and untanned, by means of a naphtha medium 6 75 Embossed Leather Mfrs 4 05 INDUSTRIAL ACCIDENTS — LEATHER AND SHOE, ETC., SCHEDULES. 485 Rate Enamel Leather Mf rs. ...;...; 1 62 Glove Mfrs. (leather) 65 Glove Dressers 1 35 Harness and Saddle Mfrs 1 53 Leather Belting Mfrs 1 08 Leather Board Mfrs. (from leather scraps) 1 80 Leather Dressers 1 80 Leather Embossing 4 05 Leather Wearing Apparel and Novelties 90 Mail Bag or Pouch Mfrs 1 08 Morocco Dressers 1 80 Patent Leather Mfrs 1 62 Pocketbook Mfrs 1 08 Shoe and Boot Mfrs 65 Shoe Stock Mfrs. — Entire pay-roll to be included without divi- sion, except that manual rate may be applied to office pay- roll 180 Shoe Stock Mfrs. — No hand-fed dinking or stamping machines operated by mechanical power. 1 44 Slipper Mfrs 65 Tanners 1 62 Trunk Mfrs. (leather) 2 70 Wool Pullers — Consisting of washing the wool on the hide under high water pressure. Operation of a machine which removes all burrs and impurities from the wool, also a fleshing ma- chine which removes the extra particles from the hide, the above process being preparatory to tanning 1 62 LUMBER SCHEDULE. Minimum Premium, $1,88. Bark Mills 4 81 Bark Peeling 4 81 Box Mfrs. — No machinery 1 66 Box Mfrs.— Steam 2 96 Box Mfrs.— Cigar 1 66 Box Mfrs. (wire bound) — No manufacturing of lumber used in constructing such boxes 2 03 Cooperage Stock Mfrs. — Heads, hoops, staves, etc 4 81 Excelsior Mfrs 4 81 Lath Mfrs 4 81 Last Block Mfrs 2 96 Logging and Lumbering Operations with transportation of logs to mill (not including operations of logging railroad) 4 16 Logging Railroad — Operation and maintenance of, not including accidents to passengers (including maintenance and exten- sion of existing lines) 11 20 486 hillyer's legal manual. Rate Lumber-yard Employees (Commercial yards only) no mill hazard 2 40 Lumber Yard Employees (not commercial yard) — To take high- est rate for any mill connected therewith. Packing Case Mfrs. — No machinery 1 66 Packing Case Mfrs.— Steam 2 96 Planing and Moulding Mills 3 42 Sash, Door and Blind Mfrs. (including outside employees solicit- ing and measuring only) 3 42 Sawmills (Including all employees whose duties require their presence in the mill) .' 4 81 Shingle Mfrs 4 81 Stave Mfrs 4 81 Veneer Mfrs 4 81 Woodyard Employees handling wood exclusively (Commercial yard only) — No mill hazard 2 40 MEAT PACKING HOUSE AND STOCKYARD SCHEDULE. Minimum Premium, $1.50. Cattle Dealers (Not operating stockyards ; not shipping) 4 53 Livestock Shippers 6 47 Packing-houses (No handling of livestock or slaughtering) 2 90 Packing-houses — Including handling of cattle and slaughtering: Annual Pay-roll of $100,000 or less 3 24 Annual Pay-roll in excess of $100,000 4 53 Pork Packers (See Packing-houses). Refrigerator Cars — Loading and unloading of, and caring for freight in cars during transit 2 83 Sausage Mfrs 2 90 Sausage Case Mfrs 2 90 Slaughtermen 5 83 Stockyards with railroad entry with or without slaughtering 6 47 METAL SCHEDULE. Minimum Premium, $1.50. Stamping. — The term "stamping" as used in this manual applies • whenever metals are cut, shaped, pressed or stamped by steam or other mechanical power, and the feeding of the material is done by hand, but not automatically. Classifications in this schedule marked with a star (*) do not include stamp- ing within the rate named, while all other classifications not INDUSTRIAL ACCIDENTS — MEAT AND METAL SCHEDULES. 487 Kate so marked include the stamping incidental to the process de- scribed in the classification. Where stamping is to be separately rated and charged for, as it must be in the classi- fications marked with a star (*), the pay-roll of operatives employed in the work as above defined shall be kept separate from the general pay-roll, and a premium rate charged thereon of 16 50 Acetylene Gas Machine Mf rs 2 16 xidding Machine Mfrs 1 05 Aerated and Soda Water Apparatus Mfrs 2 16 Aeroplane Mfrs., including overhauling and repairing in shop and outside, excluding operation and demonstration 2 16 Agate and Enamel Ware Mfrs 6 94 Aluminum Ware Mfrs., from sheet aluminum (No rolling-mill or smelting operations) 3 33 Anchor Mfrs 2 52 Annunciator Mfrs 1 14 Arms (Small arms) Mfrs. (Not charging shells) 1 14 Arms (Heavy ordnance) Mfrs 2 52 Autogenous Welding (Oxy acetylene process) shop only 5 18 Automatic Slot or Vending Machines, Mfrs. of (Including installa- tion in place, repairs and taking down) 1 80 Automobile Engine Mfrs. : With foundry 2 25 Without foundry 1 80 Automobile Frame Mfrs 3 51 Automobile Lamp and Lantern Mfrs. — Available only to manu- facturers who solely manufacture automobile lamps and lanterns. This classification not to be used for purpose of divided pay-roll 2 07 Automobile Radiator Mfrs 1 22 Automatic Sprinkler Mfrs 1 22 Axe Mfrs.— With foundry 2 25 Axe Mfrs.— Without foundry 1 80 Axle (Metal) Mfrs 2 25 Babbitt Metal Mfrs 1 80 *Badge (Metal) Mfrs 1 80 Battery (Storage) Mfrs. (Manufactured from lead plates) 4 44 Bedstead Mfrs. (Metal) 1 80 Bedstead (Metal) — Assembling manufactured parts only (No stamping) 1 22 Bell Foundry 2 25 Bicycle and Bicycle Parts Mfrs. (Including the assembling of bicycles) 1 14 Blacksmiths — (Not shoeing). No division of pay-roll between those shoeing and not shoeing 1 80 Blacksmiths — Shoeing. No division of pay-roll between those shoeing and not shoeing 4 53 488 hillyer's legal manual. Rate Blacksmiths — Shoeing (Including leading or driving animals of customers to and from shop) 4 53 Boilermakers 5 18 Bolt and Nut Mfrs 1 80 Boot and Shoe Machinery Mfrs. (Exclusively) 1 62 Brass Foundry 2 25 Brass Goods Mfrs 1 80 Brass or Copper — Rolling sheets, drawing wire or tubing, cold process 4 44 Bridge Works 7 77 Button (Metal) Mfrs 1 80 Cable (Wire) Mfrs 3 88 Can Mfrs 8 32 Carbureter Manufacturing exclusively 1 89 Card Clothing Mfrs 1 22 Carriage Dashes and Carriage Tops Mfrs. (Not wooden) 1 53 Car Wheel Mfrs 5 36 Cash Register Mfrs 1 05 Cast Iron Pipe Mfrs 4 16 Chain Mfrs 2 52 Chandelier Mfrs 1 80 Clock Mfrs 87 Coffin and Casket (Metal) 3 24 Confectioners ' Machinery Mfrs 1 62 Copper and Zinc Goods Mfrs. (No rolling-mill, no smelting) .... 1 80 Coppersmiths 1 80 Cotton Gin Machinery Mfrs 1 62 Cutlery (Not safety razor) Mfrs 1 98 Cutting Dies Mfrs 1 22 Decorative Wire Mfrs. (No wire drawing) 1 62 Drop Forging Works (Not hardware) 2 52 Electric Apparatus Mfrs 1 80 Electric Crane Mfrs 4 53 Electric Fixtures Mfrs 1 80 Electric Welding — Shop only 5 18 Elevator Mfrs 2 25 Enamel and Agate Ware Mfrs 6 94 Eyelet Mfrs 87 Feed Water Heaters Mfrs 2 25 Feeders and Fire Iron Mfrs 2 25 File Mfrs 1 89 Fire Engine Mfrs 2 34 Fireproof Equipment Mfrs. — Including herring-bone, expanded metal products, metal furniture, filing equipment and wood working 3 15 Foundry (Not otherwise classified) 2 52 Foundry— Bell 2 25 Foundry — Iron 2 52 INDUSTRIAL ACCIDENTS METAL SCHEDULE. 489 Rate. Foundry — Steel castings 2 52 Forging Work — Handwork only (No machinery) 1 80 Forging Work — Steam 2 52 Furnace Mf rs. — House heaters 1 80 Galvanized Iron Works — Shop 1 80 Galvanizing or Tinning Sheet (Metal) — Exclusively (Not manu- facturing sheet metal or metal goods) 1 80 Gas and Steam Fitters — Shop only 1 80 Gas or Gasoline Engine Mfrs. — (Not automobile) Including en- gines for boats not exceeding 150 horse-power 2 34 Gas Engine Ignition Apparatus Mfrs. (Not available to Gas Engine Mfrs.) 1 14 Gas and Electric Fixtures Mfrs 1 80 Gas Holders 3 60 Gas Machines — Acetylene 2 16 Gas Meter Mfrs 1 62 Gauges and Valves Mfrs 1 14 Gear Grinding and Manufacturing 1 71 Gold Leaf Mfrs 87 Gum Vending Machine Mfrs 1 80 Gun, Rifle and Pistol Mfrs. (Not charging shells) 1 14 ^Hardware (Builders) Mfrs. — Butt hinges, locks, door bolts, window catches, lifts and such other light hardware as is used exclusively for the trim of buildings 1 14 *Hardware (Carriage) Mfrs. (Not otherwise classified) 1 14 *Hardware (Saddlery) Mfrs. (Not otherwise classified) 1 14 Horse Shoe Mfrs 1 80 Ignition Apparatus for gas engine mfrs. (Not manufacturing gas engines) 1 14 Instrument (Professional or scientific) Mfrs 87 Iron and Steel Works— Shop. See ''Steel Works." Iron Foundry 2 52 Jewelry Mfrs 61 *Label (Metal) Mfrs 1 80 Lamp and Lampshade Mfrs. (Metal work, including plating). See "Lamp and Lantern Mfrs." *Lamp and Lantern Mfrs 5 55 ^Lampshade Mfrs 1 80 Lawn Mower Mfrs 1 62 Lead Works — Sheet, pipe, shot (No smelting) 3 24 *Lock Mfrs 1 14 Locomotive Works 3 15 Loom-harness, Cop-tube and Shuttle Mfrs 1 14 Loom Mfrs 1 14 Machine Shops — With foundry 2 25 Machine Shops — Without foundry 1 80 Magnet Mfrs 1 22 *Mail Box Mfrs 1 62 490 Rate Mailing Machine Mf rs 1 80 Malleable Iron Works 2 52 Marine Engine Mfrs. — Not more than 150 horse-power (No divi- sion of pay-roll) — With foundry 2 25 Without foundry 1 80 Marine Engine Mfrs. — More than 150 horse-power (No division of pay-roll) 3 24 Mattress (Wire) Mfrs 1 80 Metal Ceiling Mfrs 3 24 Metal Goods Mfrs. (Not otherwise classified) 6 47 Metal Screen Mfrs. (Window or door) 1 80 Metal Spinning (Not available for division of pay-roll) 1 80 Mining and Milling Machinery Mfrs. (Including crushers and rolls, slime classifiers, jigs and transmission machinery) 4 53 Motorcycle and Motorcycle Parts Mfrs. (Including the assembling of motorcycles) 1 14 Musical Instrument Mfrs. (Metal) 1 14 Nail and Spike Mfrs 1 80 Needle Mfrs 87 Numbering Machine Mfrs 1 05 Nut and Bolt Mfrs 1 80 *Oil Stove Mfrs 1 44 Ornamental Iron Works. See ''Iron and Steel Works — Shop." Oxyacetylene Welding (Autogenous welding) — Shop only 5 18 Patent Metal Mfrs. (i. e., rolling of metal into thin sheets for wrapping tobacco, chewing gum) 1 44 Pen Mfrs 87 Phonograph Mfrs 1 05 Piano Plates Mfrs., exclusively — Including pattern shops and fin- ishing (Not available for division of pay-roll) . 1 62 Piano Wire Mfrs. (Not wire drawing) 1 62 Picture Wire Mfrs. (Not wire drawing) 1 62 Pin Mfrs 87 Pipe (Cast iron) Mfrs 4 16 Pistol Mfrs. (Not charging shells) 1 14 Plumbers — Shop only 1 80 Plumbers' Supplies Mfrs 1 80 Printing Press Mfrs 53 Projectile, Steel or Case Mfrs. (No loading or testing with explo- sives) 3 24 Pulley Block (Metal) Mfrs 1 62 Pump Mfrs , 2 16 Radiator (For automobiles) Mfrs 1 22 Radiator Mfrs 1 80 Razor Mfrs. (Not safety razors) 1 44 Razor (Safety) Mfrs 2 43 Revolver Mfrs. (Not charging shells) 1 14 Road Roller Mfrs 4 53 INDUSTRIAL ACCIDENTS — METAL SCHEDULE. 491 Rate Sad Iron Mfrs. C'Flatirons") 1 80 Safe Mfrs 4 53 Saw Mfrs 1 14 Scale Mfrs 1 14 Screw Mfrs 1 14 Sculptors — Statuary and ornamental work in bronze, including moulding and casting 1 35 Sewing Machine Mfrs. (Exclusively) 1 14 *Sheet Iron Stoves (Oil or gas) 1 44 Sheet Metal Workers. See "Galvanized Iron Workers." Shot Works 3 24 Shovels, Spades, Scoops and Hoes and Gardening Tools Mfrs 1 80 Silo Builders— Shop only 3 60 Silverware Mfrs 87 Skate Mfrs 1 05 Slot Machine Mfrs 1 80 Soda Water Apparatus Mfrs 2 16 Speedometer with or without Odometer, for use on vehicles, includ- ing installation of same away from factory 1 62 Spring Bed Mfrs 1 80 Spring Mfrs. (Not railroad car springs) 1 80 Sprinkler (Automatic) Mfrs 1 22 Stamping (Tin and metal) Works 16 50 Stationary Engines — Steam or gasoline (Not otherwise classified) Mfrs. — Not more than 150 horse-power — No division of pay- roll—With foundry 2 25 Without foundry 1 80 Stationary Engines — Steam or gasoline (Not otherwise classified) — More than 150 horse-powder 3 24 Steam and Air Pressure Gauge Mfrs 1 14 Steam Packing Mfrs. (Metal) 1 80 Steam Radiator Mfrs 1 80 Steam Road Roller Mfrs 4 53 Steam Shovels, Dredges and Ballast Unloader Mfrs 4 53 Steel Freight-cars, Pressed Steel Truck Frames and Bolster Mfrs. 5 18 Steel Works : Steel Works — Open hearth, Bessemer and crucible, or open hearth and Bessemer — Casting ingots and puddling or bloom- ' ing mill operations 6 94 Steel Works — Crucible — Casting ingots and puddling or bloom- ing mill operations. (This classification not available for divided pay-roll purposes) 5 18 Rolling Mills — Operated in connection with steel works, rolling products of every description, including rod mill 5 18 Rolling Mills — Operated in connection with steel works, rolling products of every description (No rod mill) 4 25 Rolling Mills — Rolling of brass, copper and other soft metals (No iron or steel rolling work, no bar manufacturing, no blast furnace, converter or casting of steel) 2 52 492 Kate Rolling-mills — Rolling of rods only (no blast furnace, converter or casting of steel). This classification not available for divided pay-roll purposes 6 94 Rolling-mills — Rolling of metal plates and sheets only, includ- ing dipping for galvanizing purposes (no blast furnace, con- verter or casting of steel). This classification not available for divided pay-roll purposes 4 25 Rolling-mills — Rolling of bars only (no blast furnace, converter or casting of steel). This classification not available for divided pay-roll purposes 3 42 Tin and Terne Plate Rolling from tin plate bars, including dip- ping (no tin plate bar manufacturing and no blast furnace, converter or casting of steel) 2 52 Iron and Steel Works — Shop — Fabricating and assembling struc- tural iron and steel (no blast furnace, converter or casting of steel, or rolling-mill) 7 77 Iron and Steel Works — Shop — Fabricating, assembling and manu- facturing railings, balconies, fire-escapes, stair cases, mail chutes, iron shutters and other iron work (not structural iron or steel), and ornamental brass, bronze and iron work (no blast furnace, converter or casting of steel, or rolling-mill) . . 3 24 Iron and Steel Works — Shop — Manufacturing ornamental brass, bronze and iron work exclusively (no blast furnace, con- verter or casting of steel or rolling-mill). This classification not available for divided pay-roll purposes 2 25 *Stencil Mfrs 1 05 Stove Mfrs. (not sheet iron) 1 14 *Stove Mfrs. (sheet iron) 1 44 Structural Iron and Steel Works. See ''Iron and Steel Works." Sword Mfrs 1 80 Tack Mfrs 1 35 *Tag, Check and Label (metal) Mfrs 1 80 Tank Builders— Shop only 3 60 Telegraph and Telephone Apparatus Mfrs 1 05 Telescope Mfrs 87 Textile Machinery Mfrs 1 62 Thermometer Mfrs 1 62 Thermostat Mfrs 1 62 Tin Can Mfrs 8 32 Tin Foil Mfrs 1 44 Tin Plate Mfrs. See ''Steel Works." Tin Plate Rolling and Dipping. See "Steel Works." Tinsmith Shop (not otherwise classified) 1 80 Tool Mfrs. (not mfg. machinery) (not otherwise classified) 1 05 Toy (metal) Mfrs ."^ 6 94 Tube (metal) Mfrs 3 60 Type Founders 1 62 Typesetting Machine Mfrs 1 05 Typewriter Mfrs. 1 05 INDUSTRIAL ACCIDENTS METAL AND MILLING SCHEDULES. 493 Rate Vacuum Cleaner Mfrs 1 62 Valve and Gauge Mfrs 1 14 Ventilator Mfrs 1 80 Voting Machine Mfrs 1 62 Watch Mfrs 61 Watch Case Mfrs 87 Water Meter Mfrs 1 62 Water-tower Mfrs. — Shop only 4 53 Water Wheel (metal) Mfrs 2 25 Weighing Machine Mfrs 1 80 Welding (electric or autogenous) (Oxyacetylene process) — Shop only 5 18 Wheel (metal, automobile) Mfrs 1 80 Wheel (metal, car) Mfrs 5 36 Wheelbarrow (metal) Mfrs 3 24 Windmill (metal) Mfrs '. 4 53 Wire Basket and Cage Mfrs 1 62 Wire Cloth Mfrs 1 14 Wire (decorative) Mfrs. (no wire drawing) 1 62 Wire Drawing Works 4 44 Wire (dress form) Mfrs 1 62 Wire Fence Mfrs. (no wire drawing) 1 80 Wire Nail Mfrs 1 80 Wire, Piano Wire Mfrs. (no Avire drawing) 1 62 Wire, Picture Wire Mfrs. (no wire drawing) 1 62 Wire Rope Mfrs 4 44 Wrought Iron Pipe Mfrs 4 44 Zinc and Copper Goods Mfrs. (no rolling-mill, no smelting) 1 80 MILLING SCHEDULE. Minimum Premium, $1.50. Corn-mills 3 05 Flour-mills 3 05 Grist-mills 3 05 Hominy-mills . 3 05 Millers (not otherwise classified) 3 05 Oatmeal Mills 3 05 Pure Food Mfrs. (including milling) 3 05 Rice-mills 3 05 494 MINING (EXCEPT COAL) SCHEDULE. Minimum Premium, $3.00. Blasting. — All rates in this schedule include blasting, if any. Construction, Reconstruction, Maintenance and Repair. — All rates in this schedule include the construction, reconstruction, maintenance and repair of all buildings or structures used or maintained in connec- tion with mining operations, if done by employees of the assured or employees of a contractor whose pay-roll is included in the pay-roll of the assured. General. — The office force and the employees of the commissary stores may be written at the clerical office force rate for manufacturing plants in connection with mining risks. Rate tClay or Shale Mines— Shafts, tunnels or drifts 7 86 tClay or Shale Mines — Surface (no shafts, tunnels or drifts) 7 86 tCopper Mines 7 86 fFeldspar Mines 7 86 tGold Mines 7 86 tGraphite Mines 7 86 tGypsum Mines 7 86 flron Mines — Shafts, tunnels or drifts 9 80 flron Mines — Surface (no shafts, tunnels or drifts) 7 86 fLead Mines 7 86 tLead and Zinc Mines — Milling, prospecting and shaft sinking, including installation of machinery and erection, construction and repair of premises and/or plant 7 86 fManganese Mines 7 86 fMica Mines 7 86 fNickel Mines 7 86 fOre Mines (not otherwise classified) — Shafts, tunnels or drifts. 9 80 fOre Mines — Surface (no shafts, tunnels or drifts) (not other- wise classified) 7 86 Ore Mines — Prospecting and exploring only (no development or operation), excluding prospecting by means of diamond drilling, jumper or drop drilling, or any work in shafts, tun- nels or drifts 6 75 fPhosphate Mines 7 86 fRock Salt Mining and Quarrying 7 86 tSilica Mines 8 32 tSilver Mines 8 32 tSulphur Pyrites Mines 7 86 tTalc Mines 7 86 INDUSTRIAL ACCIDENTS, MINING AND MISCELLANEOUS SCHEDULES. 495 MISCELLANEOUS SCHEDULE. Minimum Premium, $1.50. Stamping. — All rates in this schedule include stamping hazard, if any. Blasting. — Policies written upon classification in this schedule marked with an asterisk (*) and expressed to exclude blasting, may be written to cover blasting by the use of the manual classification, rules and rates therefor. The insured must be instructed in all cases where the separate blasting rate applies, that the blasting pay-roll expended, as defined under this classification, must be separately kept and reported. If a premium is charged for blasting, and no blasting is done, the minimum premium shall be retained. Railroad Hazard. — For railroads in connection with manufacturing plants, if insured plant does not supply motive power, no separate charge for railroad hazard. If insured plant supplies motive power, and railroad is entirely upon the premises covered by the policy, no separate charge for railroad hazard. If cars are moved by steam cap- stan or drum, not itself movable, no separate charge for railroad hazard. Logging railroads shall not be considered as entirely upon the prem- ises of the insured. Subject to the foregoing, upon all risks in connection with which a railroad is operated, a separate pay-roll of all employees engaged in the operation, maintenance and repair of such railroad shall be ren- dered and subjected to the premium rate required in this manual. Rate Abdominal Truss Mfrs 1 14 t Acetylene Gas Tank Charging Stations 16 65 Advertising Novelties and Sign Mfrs. (not metal, celluloid or glass) 1 89 Agricultural Implement Mfrs 3 24 Analytical Chemists, including shop work and work performed away from shop , . . 8 15 Appraisers of Buildings and Machinery 1 14 Artificial Limb Mfrs 1 57 Asbestos Goods Mfrs 2 16 Asphalt Works — Shop and yards only 3 15 Auditors, Accountants and Systematizers — Clerical office force, traveling auditors, accountants and office systematizers 21 Factory Cost Systematizers 87 Automobile Salesroom (no garage or repair shop; no movement of cars except by hand) — Entire compensation of salesmen and clerical force to be included 63 Awning and Tents Mfrs. — Shop and erecting 2 52 Bean — Sorting and picking 1 19 Beet Sugar Mfrs ,. 3 60 496 hillyer's legal manual. Rate Blacking (shoe) Mfrs 1 57 Black Lead Mfrs 2 52 Bone and Ivory Turners 2 52 Bone-workers (not cleaning or trimming in connection with pack- ing-houses) 2 52 Bottling Works (no bottling under pressure) 2 52 Bottlers — Bottling under pressure 4 50 Breweries — With or without bottling 2 25 Buffing Wheel Mfrs.— Cloth or leather only 1 49 Building Material Dealers — Yard work only (no second-hand materials or lumber-yard) 2 70 Building Material Dealers — Yard work only — Second-hand mate- rial. See ''Junk Dealers." Butchers' Supplies Mfrs 3 60 Button Mfrs. (not metal or celluloid) 1 75 Cab Companies — Stable hazard only 4 05 Cables — Insulation of, for electrical purposes 1 75 Canneries (no can mfg.) 3 15 Carbon Mfrs. (not electro-chemical process) 2 52 Carbon Black Mfrs 2 70 Carpet Cleaning or Beating Works 3 60 tCartridge Mfrs 16 50 Caterers 1 14 Celluloid Goods Mfrs. — From sheets of celluloid or compositions containing celluloid (no celluloid mfg.) 3 60 tCellulose Mfrs 6 47 *Cemetery Companies (no blasting) 1 89 Chair Seats Mfrs. — From prepared fibre only 1 31 Charcoal Dealers (no furnaces) 1 49 Cider Mfrs 1 57 Circular Loom Mfrs. — Flexible piping for electric wires 1 75 Cleaners and Dyers 3 60 Coal Billet and Briquette Mfrs 2 52 Coal Merchants — Receiving or shipping by water or by land and water 4 14 Coal Merchants — Receiving or shipping by land but not by water \ 2 70 Cocoa Fibre Mfrs 2 16 Coeoanut Shredding and Drying 1 98 Coffee Manipulators or Cleaners (not grinders or roasters) 1 05 Coffee Roasters and Grinders 1 05 Compressed Food Mfrs. — Tablet form only 1 05 Cord and Binder Twine Mfrs. (not cordage) 2 16 Cordage Mfrs 3 60 Cotton Compressing and Ginning 2 88 Cotton Packing for Steam Engines Mfrs 1 75 Crayon Mfrs 1 57 Creamery and Dairy Supplies Mfrs 2 52 Crematories — Operating 2 70 INDUSTRIAL ACCIDENTS — MISCELLANEOUS SCHEDULE. 497 Rate Culm (slack or coal refuse) Washing 2 52 Curled Hair Mfrs 1 89 Dextrines Mfrs 6 47 Diamond Cutters and Setters 61 Distilling 3 15 Draughtsmen (engaged strictly in that profession), office duties only. See rates "Clerical Office Employees." Drivers. See rules entitled ''Teams." Dry Battery Mfrs. — Including zinc containers and metal parts, with stamping, if any 2 88 Dry Battery Mfrs. (not making zinc containers or metal parts) . . 1 98 Dyers and Cleaners . 8 60 Egg Drying 1 57 Electric Insulators, Lava Tips and Slate Pencil Mfrs 1 89 Elevated Railroad 7 40 Emery Cloth Mfrs 1 49 Emery or Carborundum Wheel Mfrs 2 52 Enamel Cloth Mfrs 1 98 Express Companies — Including loading and unloading operations, but excluding accidents caused by horses and vehicles (no contract liability) 2 52 Eyeglass and Spectacle Mfrs 61 *Farm Laborers (no blasting) 1 50 Fertilizer Mfrs. (no reduction of garbage or offal) . 2 70 Fibre Mfrs. — For mats and matting 3 60 fFiremen — Paid or volunteer 6 94 fFire Patrol and Salvage Corps 4 32 Fireproof Door and Shutter Mfrs. — AVood covered with sheet metal 3 15 fFireworks Mfrs. (no exhibition work) 16 50 Fish Curers, Packers and Dealers (no vessel hazard or ice harvest- ing) not available for division of pay-roll 1 57 Fishing Tackle Mfrs 1 49 Florists — Cultivating and gardening (not to cover away from insured 's premises) 1 31 Fountain Pen Mfrs 87 Fruit Evaporators 1 57 Fruit (dried) Packers (not fruit evaporators) (excluding box factories) 87 Fur Goods Mfrs. (not preparing skins) 52 Fur Mfrs. — Preparing skins 1 75 fFuse Mfrs ^ 16 50 Garbage Works — Reduction or incineration of garbage or offal. . 7 40 Garbage Collectors — Refuse and ashes (excluding teams and not employed in garbage reduction or fertilizer plants) 2 16 Gas Works — Operating of gas-house, maintenance of existing works and mains, and making of house connections (com- pensation coverage includes gas explosion, inhalation or asphyxiation) 2 25 32 498 hillyer's legal manual. Rate Gelatine Mfrs 1 40 Gilding and Electroplating 1 57 Glucose Mfrs : 6 47 Glue Mfrs 1 57 Gold Platers 1 57 Graphite Mfrs. (not mfrs. of artificial graphite, for which see Ore Reduction Schedule) 2 52 Hair Goods Mfrs. (not otherwise classified) 1 98 Hair (Human) Goods Mfrs '. 1 31 Hatters (Fur) Mfrs 70 Horse Dealers — Including exhibitions and delivery of horses .... 6 47 Ice (Artificial) Mfrs 3 60 Ice Companies — Harvesting and storing 5 55 Ice-cream Freezer Mfrs 2 70 Ice Dealers (no harvesting) 3 60 Incandescent Lamp Mfrs 1 05 Ink (Printing) Mfrs 1 57 Ink (Writing) Mfrs 1 31 Irrigation Works — Operating and maintenance, including ordi- nary extension of laterals 2 70 Isinglass (Fish Glue) Mfrs 1 57 Isinglass (Mica) Mfrs 1 14 Ivory Turners 2 52 Jams, Jellies and Preserves — Preparing 1 14 Jewelry Box Mfrs 1 14 Lamp Black Mfrs 2 52 Lapidaries 61 Laundries (not available for division of pay-roll) 3 78 Laundry (no machinery) doing hand work exclusively (not avail- able for division of pay-roll) 1 05 Laundry — Wet wash (not available for division of pay-roll) .... 1 40 Lead (Black) Mfrs 2 52 Lens Mfrs 61 Life Floats Mfrs 1 40 Linoleum and Cork Carpet Mfrs 3 15 Livery and Boarding Stables — Within the building walls only (not selling) 5 09 Lumber Dealers, Coal Merchants, Building or other Material Dealers — Receiving or shipping by water or by land and water 4 14 Lumber Dealers, Coal Merchants, Building or other Material Dealers — Receiving or shipping by land but not by water. . 2 70 Mailing and Addressing Companies 70 Match Mfrs. (excluding lumbering and saw-mill operations) 3 60 Metal Polish Mfrs. (no can mfg.) 1 57 Mica — Preparation of, for electrical insulation 1 75 Military Goods Mfrs. (no metal stamping) 1 57 Milk (Powdered) Mfrs 1 14 Mirror Mfrs. — Silvering and beveling only 1 14 INDUSTRIAL ACCIDENTS — MISCELLANEOUS SCHEDULE. 499 Rat6 Molasses and Syrup Mfrs 2 52 Moving Pictures^ — Employees in buildings, yards or outside, representing scenes for moving pictures (not operating mov- ing picture shows) 6 47 Mucilage Mfrs 1 57 Municipal Risks — All employees engaged in strictly clerical duties 17 Municipal Risks — All employees not engaged in manual labor and not engaged in clerical office duties, and not otherwise classi- fied (this classification includes such employees as those en- gaged in laboratory work, inspectors of the board of health, electrical inspectors, building inspectors and similar occupa- tions) 1 85 Municipal Sewage Disposal Plants^ — Operation only (construction work to be covered separately at manual rates for the proper classification) 2 52 Mustard-mills 87 News Agents (same classification and rates as Express Com- panies) 2 52 Nickel Platers and Finishers 1 57 Nurserymen (not to cover away from insured's premises) 1 31 Nuts — Handling, cleaning and shelling 1 05 Oakum Mfrs. 1 57 Oil Cloth (all kinds) Mfrs 3 15 Oil Distributing Companies 2 25 Omnibus Companies^ — Inside stable walls only (not selling) 5 09 Optical Goods Mfrs 61 Painters — In shop 2 07 Painters — In shop — Painting automobile and carriage bodies only (not available for division of pay-roll) 1 05 Paste Mfrs 1 14 Peanut handling, cleaning, sorting and storing 1 05 Phonograph Record Mfrs 1 05 Phosphate Works (no mining) 2 70 Photographers — Outside work (not producing moving pictures) . 3 15 Photographic Sensitive Films and Dry Plates — Manufacturing and development of negatives only 1 05 Photographic Supplies Mfrs 1 05 Pickle Mfrs 1 57 Piping (flexible, not metal, for interior work in buildings to carry electric wires) Mfrs 1 75 Plaster Statuary and Ornaments^ — Manufacturing from wooden moulds 1 14 Pneumatic Tube Companies — Operation only 1 31 Policemen 5 09 Poultry Food Mfrs 2 97 Printers' Rollers Mfrs 1 75 Produce Dealers — Buying, packing or otherwise preparing for shipment and transportation to centers for distribution, gen- 500 Rate eral produce, using stores or buildings temporarily for receiv- ing, packing and shipping, but operating no warehouses and employing no means of transportation except teams (teams to be written under separate policy at manual) 1 98 fRailroad Hazard — Mfrs.' and Contractors' risk 11 20 t Railroad — Steam, operation of same, including ordinary main- tenance and repair of road-bed. Such roads when not more than 50 miles long, not interstate, when used for transporta- tion of passengers and freight, and when operated with grades not to exceed 100 feet to the mile, may be written for compensation coverage only, the pay-roll to include all employees, not excepting office men 11 20 Roofing Felt — Preparation of (not mfg., not paper) 1 75 Rope Mfrs 3 60 Salesmen (Outside), Collectors and Messengers who use a vehicle drawn by animals or propelled by mechanical powder in the performance of their duties shall be classified and rated either as drivers or chauffeurs, in accordance with the rules provided in the manual. Salesmen (Outside), Collectors and Messengers who do not per- form their duties upon any vehicle except public vehicles, and who are not exposed to the mechanical hazard of the risk 21 Sales Stables — Including exhibition and delivery of horses 6 47 Salt Mfrs. (not mining or sinking wells) 1 89 tSalvage Corps and Fire Patrol 4 32 Seed Merchants — Including the operation of seed sorting machin- ery 1 19 Sewage Disposal Plants — Care and maintenance of, excluding new construction work 2 52 Shoe and Harness Blacking Mfrs 1 57 Silver Platers 1 57 Size Mfrs 1 57 Spice Mills. 87 Sporting Goods Mfrs 1 05 Stablemen — Inside stable walls only (not selling) 5 09 Starch Mfrs * 6 47 Steam Heating or Power Companies (no electricity or construc- tion) , Operation of plant only 3 15 Stock Farms — Operating 1 57 Stones, Precious — Cutting, setting and polishing. See "Lap- idaries." Storage Yards for Wagons and Trucks. See ''Stablemen." Stove Polish Mfrs 1 57 Street Railroad Companies — Cable 7 40 Street Railroad Companies — Electric, all systems, not interurban 5 55 Street Railroad Companies — Dummy engines 11 10 Street Railroad Companies — Electric, interurban 13 87 Sugar Refiners — Including all incidental work 3 60 Surveying and Inspecting Engineer Work — Including sharpening of stakes and other shop work incident to surveying and in- INDUSTRIAL ACCIDENTS — MISCELLANEOUS, OILS, ETC., SCHEDULES. 501 Rate spection of construction operations (no actual construction operations of any description and no supervising or superin- tending of construction operation) not available for division of pay-roll 2 70 Tar Mfrs 2 52 Taxidermist 1 14 Thermometers — Clinical (no glass manufacturing or metal work- ing) 70 Tortoise Shell Goods Mfrs. — From natural tortoise shell exclus- ively 1 05 Tortoise Shell Novelties — Manufactured from real or imitation tortoise shell 1 14 Towel and Toilet Articles — Distributing (excluding laundry and teams hazard) 2 16 Truckmen 1 50 Twine (Binder) and Cord Mfrs. (not cordage) 2 16 Undertakers 1 75 Upholsterers (not furniture or cabinet makers) 87 Vinegar Mf gr 1 57 Washer (all kinds) Mfrs 2 34 Waterworks — Operating only (no construction work) 2 25 Welsbach Incandescent Mantle Mfrs 1 57 Whalebone Goods Mfrs 1 31 Whip Mfrs 1 05 Window Curtain Roller Mfrs 1 98 Wine Mfrs 1*57 Wire Insulation for Electrical Purposes 1 75 Wood Preserving and Fireproofing 5 18 OILS, ETC., SCHEDULE. Minimum Premium, $1.50. Axle Grease Mfrs 1 75 Butter and Butterine Mfrs 1 31 Candle Mfrs 1 75 Castor Oil Mfrs 2 62 Cheese Mfrs 1 31 Cod Liver Oil Mfrs 2 62 Cold Cream Mfrs 1 14 Condensed Milk Mfrs 1 49 Cottolene Mfrs 2 62 Cottonseed Oil Mfrs. — Including refining 6 12 Cottonseed Oil Refiners — Refining only (no manufacturing or ex- pressing of oil) 2 62 Creameries 1 31 Dairies 1 31 Fat Rendering. See ''Grease Mfrs." 502 HILLYER^S LEGAL MANUAL. Rate Gasoline Mf rs 3 50 Glycerine Mfrs 1 49 Grease Mfrs 1 75 Lard Refiners 1 75 Linseed Oil Mfrs 3 50 Oil Cake Mfrs 2 62 Oil (Petroleum) Refiners (not gasoline) 2 62 Oil (Fish) Mfrs 2 62 Oil (Lard) Mfrs 2 62 Oil (Tallow) Mfrs 2 62 Oil (Vegetable) Mfrs 2 62 Oleomargarine Mfrs 1 31 Soap Powder Mfrs 1 75 Soap Mfrs 1 75 Tallow Chandlers 1 75 Wax Mfrs 131 ORE REDUCTION AND CONCENTRATION SCHEDULE. Minimum Premium, $1.88. Aluminum Smelting 2 97 Blast Furnaces 9 00 Carbide of Calcium Mfrs 5 40 Carborundum Mfrs 3 15 Charcoal Mfrs 2 43 Coke Burners 2 16 Copper Refiners (no ore reduction) 2 25 Copper Smelters 2 97 Gold Reduction 2 97 Gold Refiners (no ore reduction) 2 25 Gold Smelters 2 97 Graphite and Pure Carbon (artificial) Mfrs 2 70 Iron Smelters 9 00 Lead Smelters 2 97 Metal Matte 2 97 Ore Crushers 3 15 Ores — ^Concentrating and amalgamating 3 15 Quartz-mills 3 15 Silver Reduction 2 97 Silver Refiners (no ore reduction) 2 25 Silver Smelters 2 97 Smelters (not otherwise classified) 9 00 Smelters — By electric process 2 97 Tin Smelters 2 97 Zinc Smelters 2 97 INDUSTRIAL ACCIDENTS — ORE AND PAPER SCHEDULES. 503 PAPER SCHEDULE. Minimum Premium, $1.50. Rate Bag Mf rs. : Paper only (No paper-making) 1 14 Paper only — With paper-making 1 66 Bond Paper Mfrs. (As ''Writing Paper"). Box Mfrs.: Mfrs. of Folding Paper Boxes only (No paper-making) 1 40 With paper-making 2 40 Mfrs. of Solid Paper Boxes (No paper-making) 2 19 With paper-making 2 96 Bristol Board Mfrs. (As "Cardboard"). Building and Roofing Paper Mfrs. (No paper-making) 1 75 Carbon Paper Mfrs. (No paper-making) 87 Carpet Lining and Pads Mfrs. (No paper-making) 1 31 Cardboard Mfrs. (No pulp-mill) 2 50 With pulp-mill (As ''Pulp and Paper Mfrs."). Cheek Mfrs. (As "Tag, Check or Label"). Cigarette Paper Mfrs. (As "Paper Mfrs.") Cork Paper Mfrs. (No paper manufacturing) 96 Corrugated Paper Mfrs. (As "Paper Mfrs.") Dress Pattern Mfrs.: Paper only — Including designers, draughtsmen, cutters and all clerical force (No paper-making) 70 Envelope Mfrs. (As "Stationery"). Fiber Goods Mfrs. (No fiber-making) 2 50 Fly-paper Mfrs. (No paper making) 96 Imitation Leather Mfrs. (As "Wall-paper Mfrs."). Indurated Fiber Mfrs. (As "Pulp and Paper Mfrs."). Label Mfrs. (As "Tag, Check or Label Mfrs."). Lace and Ornamental Paper Mfrs. (No paper-making) 96 Ledger Paper Mfrs. (As "Writing Paper Mfrs."). Music-rolls (For piano players, perforated paper) Mfrs. (No paper-making) 70 Oiled, Paraffined or Waxed Paper Mfrs. (No paper making) 96 Paper Mfrs. — All kinds except writing paper and cardboard (No saw or barking mills, and no sulphite or other fibrous pulp making) 3 24 With saw or barking mills, but no sulphite or other fibrous pulp- making 3 88 Paper and Pulp Mfrs. (As "Pulp and Paper Mfrs."). Paper Board Mfrs. (No pulp-mill) 2 50 With pulp-mill (As "Pulp and Paper Mfrs."). Paper Coating and Finishing 1 14 Paper Cutting — For packing purposes 96 Papier Mache Goods Mfrs. (No paper or wood pulp-making, no car wheels) 2 50 504 Rate Playing Cards Mfrs. (No paper or cardboard making) 96 Pulp and Paper Mfrs. (No saw or barking mills, and no sulphite or other fibrous pulp-making) 3 24 With saw or barking mills, but no sulphite or other fibrous pulp-making 3 88 Pulp Liquor Mfrs. — Treatment of pulp-mill waste for commercial use as road binder and saturator (Not available to Pulp Mfrs.) 2 19 Pulp-mills — Ground wood pulp only. Pulp-mills — Ground wood pulp only, from ''pulp wood" to "lap" (No saw or barking mills) 3 24 Ground wood pulp only, including saw or barking mills.... 3 88 Sulphite or other fibrous pulp processes, with saw and barking mills, if any 5 18 Sand Paper Mfrs. (No paper-making) 1 49 Stationery Mfrs. (No paper-making) 79 Straw Board Mfrs. (As ''Pulp and Paper Mfrs."). Tag, Check or Label Mfrs. — Paper or cardboard only (No paper- making) 1 14 Tissue Paper Mfrs. (Not toilet paper) (As "Pulp and Paper Mfrs."). Toilet Paper Mfrs. (As "Pulp and Paper Mfrs."). Wallpaper Mfrs. — Paper-making only (As "Pulp and Paper Mfrs."). Designing, Printing and Finishing only (No paper-making) .... 87 Writing Paper Mfrs 1 14 POTTERY AND GLASS SCHEDULE. Minimum Premium, $1.50. Bottle Mfrs 87 Brick Mfrs. — Including construction and reconstruction of sheds and kilns if done by assured 's employees, also including clay digging and quarrying (No underground mining) 2 62 fBrick Mfrs. — Including construction and reconstruction of sheds and kilns if done by assured 's employees, also including underground mining 3 94 Cathedral and Art Glass Window Mfrs. — With or without glass- making 79 China Decorating — Including firing (No manufacturing) not available for division of pay-roll 79 China Mfrs 35 Concrete Hollow Block Mfrs 1 49 Doll (Bisque or china) Mfrs 52 fEarthenware (Tiling, Gas Retorts, Sewer Pipe and Drain-pipe) Mfrs. (No underground mining) 2 19 Earthenware (Tiling, Gas Retorts, Sewer Pipe and Drain-pipe) Mfrs. (Including underground mining) 3 94 INDUSTRIAL ACCIDENTS — POTTERY AND PRINTING SCHEDULES. 505 Rate Earthenware (Household utensils and art objects) Mfrs 35 Fire-clay Products Mfrs. (No underground miuing) 2 19 tFire-clay Products Mfrs. (Including underground mining) 3 94 Glass (Plate or window) Mfrs. (No quarrying or excavating) . . 2 19 Glass Mfrs. (No plate or window glass manufacturing) 87 Glass (Gut) Mfrs 79 Glass Eye Mfrs ; 52 Glass Sign Mfrs. (No glass-making) 1 05 Marl Mfrs. (Including digging, hauling, drying and grinding) . . 3 06 Mirror Mfrs. (No glass-making) 1 14 Peat Fuel Mfrs 3 06 Pipe— Clay (Tobacco) Mfrs 52 Plate or Window Glass Mfrs. (No quarrying or excavating) .... 2 19 Porcelain Ware Mfrs 35 Potteries — Flower pots, art and household utensils only (No sewer or drain-pipe, no mining or excavating) 35 Potteries (Tiling, Gas Retorts, Sewer and Drain-pipes) Mfrs. (No underground mining) 2 19 fPotteries (Tiling, Gas Retorts, Sewer and Drain-pipes) Mfrs. — Including underground mining 3 94 Stone China Mfrs •. 35 Terra Cotta Mfrs. — Art terra cotta for decorative purposes (No mining or excavating) ; this classification does not include the manufacture of terra cotta for structural use, whether decorative or otherwise 35 Terra Cotta Mfrs. (No underground mining) 2 19 fTerra Cotta Mfrs. — Including underground mining 3 94 Tile (For Decorating Purposes) Mfrs. (No mining or excavating) 35 Tile (Roof and Drainage) Mfrs. (No underground mining) .... 2 19 jTile (Roof and Drainage) Mfrs. — Including underground min- ing 3 94 PRINTING SCHEDULE. Minimum Premium, 75c. Artists, Designers, Proof-readers, Editors, Reporters, Advertis- ing and Circulation Solicitors and Clerical Office Force — Classification available for division of pay-roll to newspaper offices, printers and publishers 16 Bookbinders 87 Electrotypers 87 Engravers 87 Hand Printers 87 Lithographers 87 Newspaper Offices 87 Photo Engravers 87 Printers — Hand 87 Printers — Steam 87 Publishers 87 506 hillyer's legal manual. RUBBER AND COMPOSITION GOODS SCHEDULE. Minimum Premium, $1.50. Rate Button (Celluloid) Mfrs 2 25 tCelluloid Mfrs 9 00 Comb (Hard Rubber, no Celluloid) Mfrs 1 53 tComposition Goods containing celluloid 9 00 tCorraline Mfrs 9 00 tFibroid Mfrs 9 00 Gutta-Percha Mfrs 1 80 tLignoid Mfrs 9 00 Rubber Belting Mfrs , 1 80 Rubber Boot and Shoe Mfrs 1 80 Rubber Cement Mfrs 1 80 Rubber Goods Mfrs. — Not otherwise classified 2 25 Rubber Garments Mfrs. (No rubber-mill) 1 80 Rubber Reclaiming Operations, — Including loading and unload- ing materials and products to and from cars and wagons. . . 4 68 Rubber Reclaiming Operations — Including loading and unload- ing materials and products to and from cars and wagons (No benzine, naphtha or gasoline used) 3 15 Rubber Stamp Mfrs ' 90 Rubber Tire Mfrs 2 70 Vulcanized Rubber Mfrs 2 70 Waterproofing Cloth 1 80 STEVEDORE SCHEDULE. Minimum Premium, $3.00. Additional Interest. — Policies issued upon stevedores under this schedule may be extended to cover a named steamship company, em- ploying such stevedores, the insurance being limited to the care and defense of suits and to the payment of premiums upon forthcoming bonds, in the event of libel. The undertaking shall be limited to in- juries resulting solely from the operations of the stevedore covered by the policy, and the policy shall contain no obligation to pay any re- sulting judgment against the steamship company. Additional rate for this coverage on both policies shall be 10 per cent of the manual rates for the classification involved. If, in addition to the extension described above, the policy shall be further extended to cover the payment of judgment against the steam- ship company, within the limit of the policy, additional rate for such coverage on Comp. policies shall be 25 per cent of the manual rates applicable to the classification involved. The foregoing rule is only available when the policy of the stevedore is carried in the fund. INDUSTRIAL ACCIDENTS — RUBBER, STEVEDORE, ETC., SCHEDULES. 507 Rate Grain Elevator — Floating (Operating only) 4 62 Roustabouts — River and sound steamboats (Not sea-going or lake vessels) 4 62 Steamship Agents — Wharf employees — Clerks and tallymen only when all stevedore work is let out by contract 78 Steamship Agents — Wharf employees — Clerks and tallymen only when stevedoring work is done by insured 78 Steamship Agents — Wharf employees — Stevedores and freight handlers 7 40 Stevedores or Lumpers — Handling general freight — Sea-going and lake vessels 7 40 Stevedores or Lumpers — Handling ore and coal or either of them exclusively 7 40 Stevedores or Lumpers — River and Sound steamers 4 62 Weighers on DockS' — When no stevedore work is done by insured 78 STONE SCHEDULE. Minimum Premium. — For all risks in this Schedule involving any quarry work, with or without blasting, $3.00. For all other classi- fications, $1.88. Pay-roll. — All employees in or about any quarry, or quarry opera- tions, including foremen, teamsters, scabblers, drillers and laborers (but not including stone-cutting outside of quarry), as well as all con- cerned in blasting operations, shall be included in the quarry pay-roll and at the full quarry rate. Employees engaged in stone-cutting on the quarry banks or adjacent thereto but who do not enter the quarry may be classified and rated as provided in this schedule for a stone-yard. Stripping pay-roll in connection with marble and stone quarries is incidental to the quarry and should take the quarry rate. It is not proper to divide the pay-roll and apply a lower rate to the stripping operations. Blasting. — All rates in this schedule include blasting, if any. Adamant Plaster Mfrs. (No quarrying) 3 15 Barytes Mfrs. (No quarrying) 2 52 Cement Mfrs. (No quarrying) 5 04 f Cement Mfg. and Quarrying — With or without blasting 6 30 t Cement Quarries — With or without blasting 7 65 Emery Works — Crushing and grinding only (No quarrying) .... 2 52 Flint and Spar Grinders (No quarrying) 2 52 Grindstone Mfrs. (No quarrying) 2 25 Hone and Oil Stone Mfrs 2 16 Lime Burners (No quarrying) 3 15 fLime Quarries — With or without blasting 7 65 fLime Quarries — With or without, blasting, including stone crushing 6 30 508 hillyer's legal manual. Rate Lithographic Stone Mfrs. (No quarrying) 1 80 Lithoid Mfrs. (No quarrying) 1 80 Mantel (Marble or Slate) Mfrs. (No quarrying) 1 35 Marble Cutters and Polishers (No quarrying) 1 35 Millstone Mfrs. (No quarrying) 2 25 Mortar Mfrs. (No quarrying) 3 15 Plaster-mills (No quarrying) 3 15 Plaster Mixing or Staff Mfrs. — Mixing dry plaster with hair (No crushing or grinding) 2 43 t Quarries — With or without blasting bluestone, granite or mar- ble for monumental or building purposes (No quarrying for dam or bridge work) 6 30 t Quarries (Not lime or cement) with or without blasting (Not otherwise classified) 8 10 Sewer Pipe Mfrs. (Reinforced concrete only) — Including all men on ground engaged in manufacturing (No laying of pipes) . . 2 25 Silica, grinding (No quarrying) 2 52 fSlag, excavating of, and loading on cars — With or without blast- ing 9 80 Slate Mfrs. (No quarrying) 1 98 t Slate Quarries — With or without blasting 7 20 Soapstone Mfrs. (No quarrying) 1 80 t Stone Crushers (Not lime stone) — Including quarrying — With or without blasting 6 75 Stone Crushers (No quarrying) 3 15 Stone-cutters and Polishers — Yard work only 1 35 Stone Yard (No quarrying) — Including stone-fitters sent out from yard to fit stones properly on job (No setting of stone) 1 98 NOTE. — If employees sent out from stone yards to fit cut stones properly on job, also set the stones, the entire pay-roll of such fitters and setters shall be included under and rated the same as "Marble and Stone Setters." See Contractors' Schedule. Talc Mills (No quarrying) 2 25 TEXTILE SCHEDULE. Minimum Premium, $1.50. Absorbent Cotton Mfrs 1 05 Artificial Feather and Flower Mfrs 52 Awning and Tent Fabric Mfrs. — Shop only (No manufacturing of wooden pegs or iron frames) 1 57 NOTE. — This classification not to be used for division of pay-roll purposes and not to be used if assured engages in erection of awnings and tents. Where both shop and outside operations are involved, see "Awning and Tent Mfrs. — Shop and erect- ing,^' Miscellaneous Schedule. Badge (Silk or worsted) Mfrs 87 Bag (Burlap, Sacking) Mfrs. — Weaving 2 10 INDUSTRIAL ACCIDENTS — STONE AND TEXTILE SCHEDULES. 509 Rate Bag Mf rs. — Sewing only 87 Bleacheries 1 75 Bonnet Frame Mfrs. (No wire manufacturing) 52 Braid Mfrs. (Not embroidery mfrs.) 87 Bunting Mfrs 87 Burlap and Sack Mfrs 2 10 Calico Printers 1 57 Canvas Belting Mfrs 1 57 Caps, Mfrs. of — Cloth only — Sewing machine risk 52 Carding and Fulling Mills 87 Carpet Mfrs 87 Cloak Mfrs 52 Clothing Mfrs 52 Cloth Spongers 1 31 Collar and Cuff Mfrs. — Including laundry 44 Corset Mfrs 52 Cotton Batting Mfrs 4 72 Cotton Spinners 79 Cotton Weavers 79 Dressmakers 52 Duck Cloth Mfrs 1 57 Dyers of Textiles — New goods (Not ''Dyers and Cleaners") 1 75 Embroidery Mfrs 52 Feather Pillow Mfrs 63 Feather and Flower (Artificial) Mfrs 52 Felting Mfrs 1 57 Finishers of Textiles^ — New goods (Same as "Dyers"). Flax-mills 1 57 Fringe and Braid Mfrs. (Not embroidery mfg.) 87 Fulling-mills 87 Fur Goods Mfrs. (Not preparing skins) 52 Furnishing Goods Mfrs 52 Garment Mfrs. See ''Clothing Mfrs." Glove and Mitten (Silk, Woolen or Thread) Mfrs 63 Hair Cloth Mfrs 1 31 Handkerchief Mfrs.^No weaving 52 Hat (Straw) Mfrs 52 Hat (Not Straw) Mfrs. — Including moulding and manufactur- ing of felt 70 Horse Blanket Mfrs 1 57 Hose (Cotton) Mfrs 1 57 Hosiery Mfrs 70 Hosiery Mfrs. — From cop yarn (No yarn mfg.) 58 Jute Mfrs 3 15 Knitting Mills 70 Knitting Mills — From cop yarn (No yarn mfg.) 58 Lace Mfrs 52 Linen Mfrs 70 Mat and Matting Mfrs 1 31 510 hillyer's legal manual. Rate Mattress Mfrs. (No spring or wire work or excelsior mfg.) .... 1 40 Mercerizing Cotton Goods 1 75 Millinery Mfrs 52 Necktie Mfrs 52 Net — Not wire (No cordage or twine making) 96 Plush and Velvet Goods Mfrs 70 Quilt Mfrs 96 Ribbon Mfrs 44 Rug Mfrs 87 Sail Makers 87 Shade Cloth Mfrs 1 57 Shirt Mfrs. — Including laundry 44 Shoddy Mfrs 4 72 Shoe String Mfrs 87 Silk Mfrs 44 Silk Thread Mfrs 44 Steam Packing Mfg. — Not metal 1 75 Straw Hat Mfrs 52 Stuff and Woolen Dyers — In connection with textile mfrs 1 75 Suspender Mfrs 87 Tailors 52 Thread (Cotton or Linen) Mfrs 70 Thread (Silk) Mfrs 44 Typewriter Ribbon Mfrs 87 Umbrella Mfrs 1 05 Upholstery Fabric Mfrs 79 Upholstery Trimmings Mfrs 79 Wadding and Waste Mfrs 4 72 Webbing Mfrs. — Elastic or nonelastic 87 Wicking Mfrs 1 05 Window Shade and Cloth Mfrs. — Making and mounting 61 Wool-combers 1 05 Wool Extract Mfrs. — Chemical separation of wool from cotton. . 1 75 Wool-spinners — Excluding shoddy mfrs 79 Wool-weavers — Excluding shoddy mfrs 79 Woolen Dyers — In connection with textile mfrs 1 75 Yarn Finishing (no manufacturing of yarn) — Putting silk finish on and winding on spools 52 Yarn Mfrs 79 TOBACCO SCHEDULE. Minimum Premium, $1.50. Cigar and Cigarette Mfrs 52 Tobacco (Chewing, Smoking, Plug and Fine Cut) Mfrs 63 Tobacco (Snuff) Mfrs 63 Tobacco Mfrs. — Not otherwise classified 63 INDUSTRIAL ACCIDENTS — TOBACCO, VESSEL, ETC., SCHEDULES. 511 VESSEL SCHEDULE. Minimiun Premium, $1.50. Rates in this schedule include the collision hazard. Policies will not be issued to exclude collision hazard. Rate tBargemen and Lightermen 5 00 jBarge and Canal Boatmen — Crews only (no loading and unload- ing) 4 00 f Ferry Companies 4 00 t Fishing Vessels — Including fish curing, packing and dealing. . 4 00 tOcean and Coastwise Sailing Vessels 4 00 fOcean and Coastwise Steamers 4 00 f Ocean and Coastwise Tugboats — Towing 4 50 fRiver and Sound Steamers and Sailing Vessels 4 50 t Supply Boats — Supplying water or gasoline for shipping 4 50 WAREHOUSE AND STORE SCHEDULE. Minimum Premium, $1.75. Agricultural Implement Stores (no manufacturing) 1 10 Apartment Hotel and Hotel Apartment — Excluding laundry. ... 1 31 Apartment Houses 1 31 Asylums — Including pay-roll of entire staff — Excluding injuries to patients due to negligence of professional attendants 1 31 Athletic Clubs ' 1 31 Auctioneers — To cover wherever goods are auctioned 1 31 Barbers 52 Barbers' Supplies (no manufacturing) 52 Bathing-house Employees 1 66 Baths — Excluding injuries to customers due to negligence of pro- fessional attendants 1 31 Billiard and Bowling Halls 2 89 Billiard Halls (no bowling alleys) 1 92 Bowling Halls 3 76 Bottles (Second-hand), Dealers in 4 55 Butchers — Meat or provision stores (no manufacturing, slaughter- ing or rendering) 61 Butchers' Supplies (no manufacturing) 61 Carriage Repositories and Salesrooms 52 Clerical Office Employees in manufacturing plants 21 Clerical Office Employees — Not in manufacturing plants 16 NOTE. — It being understood that this classification shall in- clude only those whose duties are confined to keeping the books of the assured, conducting correspondence, or engaged wholly in the office where such books are kept or correspon- dence conducted, and who have no duty of any other nature in or about the assured 's premises. 512 hillyer's legal manual. Rate Clothing Stores — Wholesale or retail — With or without manu- facturing 52 Club-houses — Not athletic, country or yacht club 65 Cold Storage Warehouses 2 19 Colleges — Except pay-roll of professors and teachers — All em- ployees engaged in care, custody and maintenance of premises, including elevator attendants 1 31 Clerical Office Employees 16 Cotton and Woolen Clipping — New goods only — Dealers in, and baling (not rag and paper stock dealers) 1 31 Counter Lunch Room 1 31 Country Clubs 1 31 Dentists 52 Department Stores 65 NOTE. — This classification shall also apply to five and ten cent stores, or stores advertising merchandise for sale at a maxi- mum or minimum stated price. Dry-goods Stores (no manufacturing) 61 Exhibitions — Agricultural, horticultural or industrial, in parks or other ground inclosures: Employees engaged in the care, custody and maintenance of premises, excluding those engaged in the operation of merry- go-rounds, swings, roller coasters and other amusement devices .• 1 14 Employees engaged in the care, operation and maintenance of merry-go-rounds, swings, roller coasters and other amuse- ment devices 15 14 Exposition Building Employees 1 14 Furniture Dealers — Store only 52 Glass Merchants — Including operations of bending, grinding, bevelling and silvering plate glass 87 Grain Elevators (Line) — Including any or all of the following operations: Dealers in coal and wood, wire fencing, agri- cultural implements, hay, grain and feed and lumber yard. 1 75 Grain Elevators — Line or terminal 2 19 Hardware Stores (no maufacturing) 52 Hay, Straw and Feed Dealers 1 31 Hide and Leather Dealers 1 31 Hospitals — Including pay-roll of entire staff — Excluding injuries to patients due to negligence of professional attendants .... 61 Hospitals — Veterinary 5 25 Hotels — Excluding laundry 87 Importers and Dealers in Goat and Sheep Skins 61 Iron Merchants^ — Not junk or scrap iron or hardware dealers ... 1 31 Jewelry Stores — Wholesale or retail or both — All employees 44 Junk Dealers — Shop and yard 10 50 Ladies' Hairdressing and Manicuring 52 Leather and Hide Dealers (no mfg.) 52 Machinery Dealers — Store only (no manufacturing) 1 10 INDUSTRIAL ACCIDENTS WAREHOUSE SCHEDULE. 513 Kate Malt Houses 1 75 Marketmen — Including meat and provision store (no manufactur- ing, slaughtering or rendering) 61 Mercantile or Manufacturing Premises variously occupied by per- sons other than the owner, not otherwise classified (owner's risk only) 1 75 Milk Dealers — Store or depot only 61 Office Buildings: Pay-roll to include elevator attendants and all other employees engaged in care, custody and maintenance of premises 1 31 Clerical Office Employees 16 Paper and Rag Stock Dealers — Handling new paper waste from publishers, printers, lithographers, etc., or handling new cloth clippings from manufacturing establishments (no handling of junk, old rags or old paper) 2 36 Photographers — Studio work (not producing moving pictures) . . 52 Poultry Dealers — Wholesale or retail — Including killing of poul- try 61 Professors and Teachers in Schools and Colleges (not veterinary nor manual training) 16 Professors, Teachers and Assistants — Manual training schools. . . 87 Professors, Teachers and Assistants — Veterinary colleges 87 Public Libraries : All employees engaged in care, custody and maintenance of premises, including elevator attendants 1 31 Librarians, assistant librarian and all clerical assistants 16 Public Museums of Art or Natural History: All employees engaged in care, custody and maintenance of premises, including elevator attendants 1 31 Curator, assistant curator and all clerical assistants 16 Public Picture Galleries: All employees engaged in care, custody and maintenance of premises, including elevator attendants 1 31 Curator, assistant curator and all clerical assistants 16 Rag and Paper Stock Dealers 8 75 Real Estate Employees — Outside of office, including collectors (no construction work) 87 Restaurants 87 Retail Stores — Not otherwise classified 35 Rubber Stock Dealers^ — Receiving, handling, baling and shipping old rubber stock 2 19 Rubber Tire Dealers — Sale, repair and vulcanizing, including ad- justments of tires to vehicles away from premises of assured. 2 19 Schools — Except pay-roll of professors and teachers — All em- ployees engaged in care, custody and maintenance of prem- ises, including elevator attendants 1 31 Clerical Office Employees 16 33 514 Rate Schools and Colleges — Employees engaged in care and mainte- nance of buildings and grounds, excluding farm and con- struction operations 1 31 Clerical Office Employees 16 Scrap Iron Dealers — Shop and yard 10 50 Ship Chandler Stores (no manufacturing) 52 Shooting Galleries — Not rifle ranges 3 27 Skating-rinks — Ice or roller 1 14 Skins (Goat and Sheep) Importers and Dealers 61 Storage (Cold) 2 19 Storage (Baled Cotton) 2 19 Storage (Furniture) 1 31 Storage (Grain) 2 19 Storage (General Merchandise) — Not otherwise classified 2 19 Store Risks (Retail) — Exclusively— Not otherwise classified .... 35 Store Risks (Wholesale) — Not otherwise classified 52 Store Risks (Wholesale and Retail) — Not otherwise classified... 44 Tailor Store (Wholesale or retail) — Including cutting — With or without manufacturing 44 Tenements: All employees engaged in care, custody and maintenance of premises, including elevator attendants 1 31 Clerical Office Employees 16 Theater Companies — Rate applicable to players or entertainers only : (a) For operas, dramas and comedies 61 (b) For vaudeville, burlesque, farce, continuous performance and moving pictures 1 40 Theater Employees — Including executives or managers (not stage managers), box office employees, ushers and others not em- ployed upon the stage 61 Theater Employees with stage duties 1 40 Tobacco Rehandlers 52 Warehouse (Private) — Used exclusively for storing surplus stock of the assured, and covered in connection with store or other sales place, to take the rate of such store or sales • place — Not applicable to any form of warehousing or storing for which specific rates are made in this schedule. Warehousemen (General Merchandise) — Not otherwise classified 2 19 Picture Frame Mf rs 2 43 Wholesale Store — Not otherwise classified 52 Wholesale and Retail Stores — Not otherwise classified 44 Wholesale or Retail Poultry Dealers — Including killing of poultry 61 Wine and Spirit Merchants 87 Wine and Spirit Merchants (Retail) (no bar on premises) — Liquor sold in packages only 87 Wool Merchants — Office and warehouse 61 INDUSTRIAL ACCIDENTS — WAREHOUSE AND WOOD SCHEDULES. 515 Rate Yacht Clubs 1 31 Y. M. C. A. and Y. W. C. A. Institutions. — Pay-roll must include 'all teaching, preaching and operative force 44 WOOD SCHEDULE. Minimum Premium, $1.88. Barbers' Supplies — Including furniture manufacturing 2 25 Barrel Mfrs. — Making heads, hoops, staves, etc., and assembling. 4 05 Barrel Mfrs. — Not making heads, hoops, staves, etc., assembling only 2 43 Barrel (Wood Veneer) Mfrs 4 05 Baseball Bat Mfrs 2 16 Basket (Willow Ware) Mfrs 1 35 Basket (Wood Veneer) Mfrs 4 05 Basket (Wood Veneer) Mfrs. (not manufacturing veneer or using machinery) 2 43 Bedstead (Not metal) Mfrs 2 25 Beehive Mfrs 2 25 Bellows Mfrs 2 25 Bent Wood Mfrs 1 80 Billiard-table Mfrs. — Including setting up at place of delivery. . 2 25 Block (Pulley) Mfrs 2 70 Bobbin and Spool (Wood) Mfrs 2 43 Broom Mfrs. (No sawmill) 72 Broom Mfrs. (With sawmill) 2 70 Brush Mfrs. (No sawmill) 72 Brush Mfrs. (With sawmill) 2 70 Cabinet Works (Factory or factory and store) 2 25 Cane (Walking) Mfrs I 80 Canoe (Wood) Builders — Shop only 2 25 Carpenters — Shop only 2 25 Carriage Woodwork Mfrs. See rates "Wood Turners." Chair Mfrs 1 80 Coffin and Casket (Wood) Mfrs 2 25 Coopers — Making heads, hoops, staves, etc., and assembling. ... 4 05 Coopers — Not making heads, hoops, staves, etc., assembling only. 2 43 Cork-cutting Works 2 88 Crutch Mfrs 1 80 Fishing Rod Mfrs 1 53 Furniture (Factory or Factory and Store) — Mfg. and finishing. . 2 25 Furniture, Chair and Cabinet Works — Assembling of manufac- tured parts and finishing only (on premises where no machin- erv is employed) 1 35 Oolf Clubs Mfrs 1 53 Hat Block Mfrs 2 70 Hot House Mfrs. — Shop only 2 25 House (Portable) Mfrs. — Shop only 2 25 516 Rate Incubator Mf rs 2 25 Joiners — In shop 2 25 Keg Mfrs. — Making heads, hoops, staves, etc., and assembling.. 4 05 Keg Mfrs. — Not making heads, hoops, staves, etc., assembling only 2 43 Kindling Wood Mfrs 3 24 Ladder Mfrs 2 25 Last Mfrs 2 43 Lead Pencil Mfrs 99 Mantel (Wood) Mfrs.— Shop only 2 25 Mast and Spar Mfrs. — Shop only 3 60 Musical Instrument Mfrs. (Wood) 81 Organ (Cabinet or Parlor) Builders — Including the setting up at the place of delivery — Not available for division of pay-roll. 81 Organ (Pipe for Churches) Builders — Including the setting up at the place of delivery 2 43 Pail Mfrs 3 24 Parquet Flooring Mfrs. — Shop only 2 25 Pattern and Model (Wood) Mfrs 2 43 Peg and Skewer (Wood) Mfrs 2 25 Piano Mfrs. — Including the setting up at the place of delivery. . 81 Piano Action Mfrs 81 Piano Forte Case Mfrs 81 Piano Keys Mfrs 81 Piano Mfrs. — Assembling of parts only 81 Piano Players (Automatic) — Manufacturing, installing and re- pair 81 Picture Frame Mfrs. (Not operating moulding mill or manufac- turing mouldings) .- 1 80 Picture Frame Mfrs. (No power machinery) 1 08 Pipe Mfrs.— Wood (Tobacco) 1 44 Pulley Block (Wood) Mfrs 2 70 Pump (Wood) Mfrs 2 25 Pyrographic Goods Mfrs 2 25 Rattan Goods Mfrs 1 35 Refrigerator Mfrs. — Shop only 2 25 School Supplies Mfrs 2 25 Screen Mfrs. (Window^ or door) 2 25 Shade Roller Mfrs. (Including assembling) 1 80 Showcase Mfrs 2 25 Spar and Mast Mfrs.— Shop only 3 60 Spool (Wood) Mfrs 2 43 Tank (Wood) Builders— Shop only 3 60 Toy (Wood) Mfrs 2 43 Trunk (Wood) Mfrs. — Including metal frames and fittings 3 24 Tub Mfrs 3 24 Turners (Wood) 2 70 Veneer Package Mfrs. — Fruit and vegetable baskets, butter dishes, etc., made from veneer (Not veneer mfrs.) 2 70 INDUSTRIAL ACCIDENTS M IN INC! LAWS. 517 Rate Veneer Seat Mfrs. (Not veneer mfrs.) 2 70 Washboard Mfrs 2 43 Washing Machine and Clothes Wringers M Frs 2 70 Weather Strip Mfrs. — Window or door 2 16 Wheelbarrow (Wood) Mfrs 2 52 Willow Ware Mfrs 1 35 Windmill (Wood) Mfrs.— Shop only 2 43 AVindow Blind and Wood Shade Mfrs 2 70 Woodenware Mfrs. — Not otherwise classified 2 70 Wood Heel Mfrs 2 25 Wood Mantel Mfrs 2 25 Wood Tank Builders— Shop only 3 60 Wood Turners 2 70 UNITED STATES MINING LAWS. Mineral Lands Reserved. — In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. (R. S. 2318.) Mineral Lands Open to Purchase by Citizens. — All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations 'prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable, and not in- consistent with the laws of the United States. (R. S. 2319.) Length of Mining Claims upon Veins or Lodes. — Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, hereto- fore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eigh- teen hundred and seventy-two, whether located by one or more per- sons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface ; nor shall any claim be limited by any mining regulation to less than twenty- five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other. (R. S. 2320.) Proof of Citizenship. — Proof of citizenship, under this chapter, may consist, in the case of an individual, of his own affidavit thereof; in 518 HILLYER^S LEGAL MANUAL. the ease of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, by filing of a certified copy of their charter or certificate of incorporation. (R. S. 2821.) Locators' Rights of Possession and Enjoyment — Extralateral Rights. The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with State, Territorial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to su-ch outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downw^ard course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. (R. S. 2322.) Owners of Tunnels, Rights of. — Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface ; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. (R. S. 2323.) Regulations Made by Miners — Locations, How Marked — Records — Defaulting Co-owners — Money Expended on Tunnel — Assessment Period Commences January 1st Succeeding Date of Location. — The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of UNITED STATES MINING LAWS. 519 a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the 1st day of January, eighteen hundred and seventy-five, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, pro- vided that the original locators, their heirs, assigns, or legal repre- sentatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section his interest in the claim shall become the property of his co-owners who have made the required expenditures. (R. S. 2324.) Where a person or company has or may run a tunnel for the purpose of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act ; and such person or company shall not be re- quired to perform work on the surface of said lode or lodes in order to hold the same. (18 Stats, at Large, 315.) Provided, that the period within which the work is required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, Anno Domini eighteen hundred and seventy-two. (21 Stats. at Large, 61.) Patents for Mineral Lands, How Obtained — ^Application for Patent by Agent. — A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, as- 520 hillyer's legal manual. sociation, or corporation authorized to locate a claim under this chap- ter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, .and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this appli- cation, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claim- ant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of pub- lication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists ; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. (R. S. 3925.) Provided, that where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits : And provided, that this section shall apply to the applications now pending for patents to mineral lands. (21 Stats, at Large, 61.) Adverse Claim, Proceedings on — Adverse Claim Verified by Agent — Affidavit of Citizenship. — Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons UNITED STATES MINING LAWS. 521 making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to de- termine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment-roll with the register of the land office, together with the certificate of the surveyor general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are en- titled to separate and different portions of the claim, each party may pay for his portion of the claim with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment-roll to the Com- missioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever. (R. S. 2326.) The adverse claim required by section twenty-three hundred and twenty-six of the Revised Statutes may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated ; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or the State or Territory where the adverse claimant may then be, or before any notary public of such State or Territory. (22 Stats, at Large, 49.) Applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any State or Territory. (22 Stats, at Large, 49.) Description of Mining Vein or Lode Claims — Patents to Con- form to Official Monuments — Monuments to Govern Descriptions. — The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of 522 HILLYER^S LEGAL MANUAL. the public survey, but need not conform therewith ; but wh'ere patents have been or shall be issued for claims upon unsurveyed lands, the surveyors general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and surveyors general in executing subsequent patent sur- veys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any con- flict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monu- ments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (R. S. 2327.) Pending Applications — Existing Rights. — Applications for patents for mining claims under former laws now pending may be prose- cuted to a final decision in the General Land Office ; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this chapter; and all patents for mining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen hundred and sev- enty-two. (R. S. 2328.) Conformity of Placer Claims to Surveys, Limit of. — Claims usually called "placers," including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceed- ings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the pub- lic lands. (R. S. 2329.) Subdivisions of Ten-acre Tracts — Maximum of Placer Locations. Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide pre-emption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. (R. S. 2330.) UNITED STATES MINING LAWS. 523 Conformity of Placer Claims to Surveys, Limitation of Claims. — Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands ; and where by the segrega- tion of mineral lands in any legal subdivision a quantity of agri- cultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes. (R. S. 2331.) What Evidence of Possession, etc., to Establish a Right to a Pat- ent. — Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time pre- scribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such pos- session and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim ; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. (R. S. 2332.) Proceedings for Patent for Placer Claim, etc. — Pajrtnent. — W^here the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the bound- aries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim and twenty-five feet of surface on each side thereof. The remainder of the placer claim or any placer claim not embracing any vein or lode claim shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings ; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not in- clude an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof. (R. S. 2333.) Surveyor General to Appoint Surveyors of Mining Claims — Ex- penses of Survey, How Paid — Sworn Statement. — The surveyor 524 hillyer's legal manual. general of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining- claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for pub- lication, he may designate any newspaper published in a land dis- trict where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the sub- ject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the Gen- eral Land Office. (R. S. 2334.) Verification of Affidavits — Notice of Taking Testimony on Contest. All affidavits required to be made under this chapter may be veri- fied before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certi- fied by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. (R. S. 2335.) Where Veins Intersect or Unite. — Where two or more veins inter- sect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the purposes of the. convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R. S. 2336.) Patents for Nonmineral Lands, Mill Sites, etc. — Where nonmin- eral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, I UNITED STATES MINING LAWS. 525 such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz-mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section. (R. S. 2337.) What Conditions of Sale may be Made by Local Legfislature. — As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may pro- vide rules for working mines, involving easements, drainage, and other necessary means to their complete development ; and those con- ditions shall be fulh^ expressed in the patent. (R. S. 2338.) Vested Rights to Use of Water for Mining — Right of Way for Canals. — Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknow^l- edged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. (R. S. 2339.) Patents, Pre-emptions, and Homesteads Subject to Vested and Accrued Water Rights. — All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested -and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recog- nized by the preceding section. (R. S. 2340.) Mineral Lands in Which No Valuable Mines are Discovered Open to Homesteads. — Wherever, upon the lands heretofore designated as mineral lands, which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or per- sons who have declared their intention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agri- cultural lands, the settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter five of this Title, re- lating to "Homesteads." (R. S. 2341.) 526 Mineral Lands, How Set Apart as Agricultural Lands. — Upon the survey of the lands described in the preceding section, the Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, and be sub- ject to all the laws and regulations applicable to the same. (R. S. 2342.) Additional Land Districts and Officers, Power of the President to Provide. — The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public conven- ience in executing the provisions of this chapter. (R. S. 2343.) Provisions of This Chapter not to Affect Existing Rights. — Noth- ing contained in this chapter shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws. (R. S. 2344.) Grant of Lands to States or Corporations not to Include Mineral Lands. — No act passed at the first session of the Thirty-eighth Con- gress, granting lands to States or corporations to aid in the construc- tion of roads or for other purposes, or to extend the time of grants made prior to the thirtieth day of January, eighteen hundred and sixty-five, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act, or acts, making the grant. (R. S. 2346.) Citizens of Colorado, Nevada, and the Territories and All Other Mining Districts Authorized to Fell and Remove Timber on the Pub- lic Domain for Mining and Domestic Purposes. — All citizens of the United States and other persons, bona fide residents of the State of Colorado, or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, au- thorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees grow- ing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the under- growth growing upon such lands, and for other purposes : Provided, the provisions of this act shall not extend to railroad corporations. (20 Stats, at Large, 88.) It shall be the duty of the register and the receiver of any local land office in whose district any mineral land may be situated to as- certain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, UNITED STATES MINING LAWS. 527 within their respective land districts; and, if so, they shall immedi- ately notify the Commissioner of the General Land Office of that fact ; and all necessary expenses incurred in making such proper ex- aminations shall be paid and allowed such register and receiver in making up their next quarterly accounts. (20 Stats, at Large, 88.) Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secre- tary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hun- dred dollars, and to which may be added imprisonment for any term not exceeding six months. (20 Stats, at Large, 88.) Costs Where Action Brought and Title not Established in Either Party. — If, in any action brought pursuant to section twenty-three hundred and twenty-six of the Revised Statutes, title to the ground in controversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claim- ant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title. (21 Stats, at Large, 505.) Reservation in Patents for Right of Way for Ditches and Canals Con- structed. — In all patents for lands hereafter taken up under any of the land laws of the United States or on entries or claims validated by this act west of the one hundredth meridian it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States. (26 Stats, at Large, 371.) Town Sites on Mineral Lands Authorized — Reservoir Sites — Lands Entered Under the Mineral Laws not Included in Restriction to Three Hundred and Twenty Acres. — Town site entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When min- eral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be sub- ject to such recognized possession and the necessary use thereof, and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto : Provided, that no entry shall be made by such mineral vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral vein applicant. (26 Stats, at Large, 1095.) Reservoir sites located or selected and to be located and selected under the provisions of "An act making appropriations for sundry 528 civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other pur- poses," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construc- tion and maintenance of reservoirs, excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs, and that the provisions of ^'An act making appropria- tions for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes," which reads as follows, viz.: ''No person who shall after the passage of this act enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws." shall be con- strued to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not include lands entered or sought to be entered under mineral land laws. (26 Stats, at Large, 1095.) Entry of Lands Chiefly Valuable for Building Stone Under th« Placer Mining Laws. — Any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in rela- tion to placer mineral claims : Provided, that lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this act. (27 Stats, at Large, 348.) Mining Laws Extended to Saline Lands.— All unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer mining claims: Provided, that the same per- son shall not locate or enter more than one claim hereunder. (31 Stats. at Large, 745.) REGULATIONS. NATURE AND EXTENT OF MINING CLAIMS. 1. Classes of Mining Claims.— Mining claims are of two distinct classes: Lode claims and placers. LODE CLAIMS. 2. Status of Lode Claims Enlarged by Extralateral Right. The status of lode claims located or patented previous to the tenth day of ^lay, 1872, is not changed w^ith regard to their extent along the lode or width of surface; but the claim is enlarged by sections 2322 and 2328, by investing the locator, his heirs or assigns, with the right to follow, upon the conditions stated therein, all veins, lodes, or ledges, the top or apex of which lies inside of the surface lines of his claim. UNITED STATES MINING REGULATIONS. 529 3. Possessory Right, How Limited. — It is to be distinctly understood, however, that the law limits the possessory right to veins, lodes, or ledges, other than the one named in the original location, to such as were not adversely claimed on May 10, 1872, and that where such other vein or ledge was so adversely claimed at that date the right of the party so ad- versely claiming is in no way impaired by the provisions of the Revised Statutes. 4. Who may Locate — Length of Claim Along Course of Vein. — From and after the 10th of May, 1872, any person who is a citizen of the United States, or who has declared his intention to become a citizen, may locate, record, and hold a mining claim of fifteen hundred linear feet along the course of any mineral vein or lode subject to location; or an association of persons, severally qualified as above, may make joint location of such claim of fifteen hundred feet, but in no event can a location of a vein or lode made after the tenth day of May, 1872, exceed fifteen hundred feet along the course thereof, whatever may be the number of persons composing the association. 5. Lateral Extent of Claim. — With regard to the extent of surface ground adjoining a vein or lode, and claimed for the convenient working thereof, the Revised Statutes provide that the lateral extent of loca- tions of veins or lodes made after May 10, 1872, shall in no case exceed three hundred feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited by any mining regula- tions to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the 10th of May, 1872, may render such limitation necessary ; the end lines of such claims to be in all cases parallel to each other. Said lateral measurements cannot extend beyond three hundred feet on either side of the middle of the vein at the surface, or such distance as is allowed by local laws. For example: four hundred feet cannot be taken on one side and two hundred feet on the other. If, however, three hundred feet on each side are allowed, and by reason of prior claims but one hundred feet can be taken on one side, the locator will not be restricted to less than three hundred feet on the other side; and when the locator does not determine by exploration where the middle of the vein at the surface is, his discovery shaft must be assumed to mark such point. 6. Maximum Size of Lode Claim. — By the foregoing it will be per- ceived that no lode claim located after the 10th of May, 1872, can exceed a parallelogram fifteen hundred feet in length by six hundred feet in width, but whether surface ground of that width can be taken depends upon the local regulations or State or Territorial laws in force in the several mining districts ; and that no such local regulations or State or Territorial laws shall" limit a vein or lode claim to less than fifteen hundred feet along the course thereof, whether the location is made by one or more persons, nor can surface rights be limited to less than fifty feet in width unless adverse claims existing on the 10th of May, 1872, render such lateral limitation necessary. 34 530 hillyer's legal manual. 7. Defining Location. — Locators cannot exercise too much care in de- fininir tlitMr locations at the outset, inasmuch as the law requires that all records of mininpr locations made subsequent to May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim. 8. Necessity for Discovery. — No lode claim shall be located until after the discovery of a vein or lode within the limits of the claim, the object of which provision is evidently to prevent the appropriation of presumed mineral ground for speculative purposes, to the exclusion of ho7ia fide prospectors, before sufficient work has been done to determine whether a vein or lode really exists. 9. Location — Discovery Work — Contents of Notice. — The claimant should, therefore, prior to locating his claim, unless the vein can be traced upon the surface, sink a shaft or run a tunnel or drift to a suffi- cient depth therein to discover and develop a mineral-bearing vein, lode, or crevice ; should determine, if possible, the general course of such vein in either direction from the point of discovery, by which direction he will be governed in marking the boundaries of his claim on the surface. His location notice should give the course and distance as nearly as practicable from the discovery shaft on the claim to some permanent, well-known points or objects, such, for instance, as stone monuments, blazed trees, the confluence of streams, point of intersection of well- known gulches, ravines, or roads, prominent buttes, hills, etc., which may be in the immediate vicinity, and which will serve to perpetuate and fix the locus of the claim and render it susceptible of identification from the description thereof given in the record of locations in the district, and should be duly recorded. 10. Location Notice, Additional Data — Marking Corners. — ^In addi- tion to the foregoing data, the claimant should state the names of adjoin- ing claims, or, if none adjoin, the relative positions of the nearest claims ; should drive a post or erect a monument of stones at each comer of his surface ground, and at the point of discovery or discovery shaft should fix a post, stake, or board, upon which should be designated the name of the lode, the name or names of the locators, the number of feet claimed, and in which direction from the point of discovery, it being essential that the location notice filed for record, in addition to the foregoing description, should state whether the entire claim of fifteen hundred feet is taken on one side of the point of discovery, or whether it is partly upon one and partly upon the other side thereof, and in the latter case, how many feet are claimed upon each side of such discovery point. 11. Location Notice, Recording. — The location notice must be filed for record in all respects as required by the State or Territorial laws and local rules and regulations, if there be any. 12. Annual Labor. — In order to hold the possessory title to a mining claim located prior to May 10, 1872, the law requires that ten dollars UNITED STATES MINING REGULATIONS. 531 shall be expended annually in labor or improvements for each 07ie hun- dred feet in length along the vein or lode. In order to hold the pos- sessory right to a location made since May 10, 1872, not less than one hundred dollars' worth of labor must be performed or improvements made thereon annually. Under the provisions of the act of Congress approved January 22, 1880, the first annual expenditure becomes due and must be performed during the calendar year succeeding that in which the location was made. Where a number of contiguous claims are held in common, the aggregate expenditure that would be necessary to hold all the claims, may be made upon any one claim. Cornering locations are held not to be contiguous. 13. Relocation, When Permitted. — Failure to make the expenditure or perform the labor required upon a location made before or since May 10, 1872, will subject a claim to relocation, unless the original lo- cator, his heirs, assigns, or legal representatives have resumed work after such failure and before relocation. 14. Necessity for Annual Labor Terminates With Entry. — Annual expenditure is not required subsequent to entry, the date of issuing the patent certificate being the date contemplated by statute. 15. Notice to Delinquent Co-owner. — Upon the failure of any one of several co-owners to contribute his proportion of the required expendi- tures, the co-owners, who have performed the labor or made the im- provements as required, may, at the expiration of the year, give such delinquent co-owner personal notice in writing, or notice by publica- tion in the newspaper published nearest the claim for at least once a week for ninety days ; and if upon the expiration of ninety days after such notice in writing, or upon the expiration of one hundred and eighty days after the first new^spaper publication of notice, the delin- quent co-owner shall have failed to contribute his proportion to meet such expenditures or improvements, his interest in the claim by law passes to his co-owners who have made the expenditures or improve- ments as aforesaid. Where a claimant alleges ownership of a forfeited interest under the foregoing provision, the sworn statement of the pub- lisher as to the facts of publicatioii, giving dates and a printed copy of the notice published, should be furnished, and the claimant must swear that the delinquent co-owner failed to contribute his proper propor- tion within the period fixed by the statute. TUNNELS. 16. Rights of Tunnel Proprietors to Blind Lodes. — The effect of sec- tion 2323, Revised Statutes, is to give the proprietors of a mining tun- nel run in good faith the possessory right to fifteen hundred feet of any blind lodes cut, discovered, or intersected by such tunnel, which were not previously known to exist, within three thousand feet from the face or point of commencement of such tunnel, and to prohibit other parties, after the commencement of the tunnel, from prospecting for and making locations of lodes on the line thereof and within said dis- 532 hillyer's legal manual. tance of three thousand feet, unless such lodes appear upon the surface or were previously known to exist. The term ''face," as used in said section, is construed and held to mean the first working face formed in the tunnel, and to signify the point at which the tunnel actually enters cover; it being from this point that the three thousand feet are to be counted upon which prospecting is prohibited as aforesaid. 17. Notice of Tunnel Location, How Given. — To avail themselves of the benefits of this provision of law, the proprietors of a mining tunnel will be required, at the time they enter cover as aforesaid, to give proper notice of their tunnel location by erecting a substantial post, board, or monument at the face or point of commencement thereof, upon which should be posted a good and sufficient notice, giving the names of the parties or company claiming the tunnel right ; the actual or proposed course or direction of the tunnel, the height and width thereof, and the course and distance from such face or point of commencement to some permanent well-known objects in the vicinity by which to fix and determine the locus in manner heretofore set forth applicable to loca- tions of veins or lodes, and at the time of posting such notice they shall, in order that miners or prospectors may be enabled to determine whether or not they are within the lines of the tunnel, establish the boundary lines thereof, by stakes or monuments placed along such lines at proper intervals, to the terminus of the three thousand feet from the face or point of commencement of the tunnel, and the lines so marked will define and govern as to specific boundaries within which prospecting for lodes not previously known to exist is prohibited while work on the tunnel is being prosecuted with reasonable diligence. 18. Recording Notice of Tunnel Location and Sworn Statement. — A full and correct copy of such notice of location defining the tunnel claim must be filed for record wdth the mining recorder of the district^ to which notice must be attached the sworn statement or declaration of the owners, claimants, or projectors of such tunnel, setting forth the facts in the case ; stating the amount expended by themselves and their predecessors in interest in prosecuting work thereon; the extent of the work performed, and that it is bona fide their intention to prosecute work on the tunnel so located and described with reasonable diligence for the development of a vein or lode, or for the discovery of mines^ or both, as the case may be. This notice of location must be duly re- corded, and, with the said sworn statement attached, kept on the re- corder's files for future reference. PLACER CLAIMS. 19. Discovery. — But one discovery of mineral is rec^uired to support a placer location, whether it be of twenty acres by an individual, or of one hundred and sixty acres or less by an association of persons. 20. Placer Entries for Building Stone.— The act of August 4, 1892. extends the mineral land laws so as to bring lands chiefly valuable for building stone within the provisions of said law by authorizing a placer UNITED STATES MINING REGULATIONS. 533 entry of such lands. Re^sters and receivers should make a reference to said act on the entry papers in the case of all placer entries made for lands containing stone chiefly valuable for building purposes. Lands reserved for the benefit of public schools or donated to any State are not subject to entry under said act. 21. Oil Location Entries.— The act of February 11, 1897, provides for the location and entry of public lands chiefly valuable for petroleum or other mineral oils, and entries of that nature made prior to the passage of said act are to be considered as though made thereunder.^ 22. Ten-acre Tracts are Legal Subdivisions.— By section 2330 au- thority is given for subdividing forty-acre legal subdivisions into ten- acre tracts. These ten-acre tracts should be considered and. dealt with as legal subdivisions, and an applicant having a placer claim which con- forms to one or more of such ten-acre tracts, contiguous in case of two or more tracts, may make entry thereof, after the usual proceedings, without further survey or plat. 23. [Omitted.] 24. Ten-acre Tracts, How Described. — A ten-acre subdivision may be described, for instance if situated in the extreme northeast of the sec- tion, as the ''NE. i of the NE. i of the NE. i" of the section, or, in like manner, by appropriate terms, wherever situated; but, in addition to this description, the notice must give all the other data required in a mineral application, by which parties may be put on inquiry as to the land sought to be patented. The proofs submitted with applications must show clearly the character and extent of the improvements upon the premises. 25. Proof of Improvements. — The proof of improvements must show their value to be not less than five hundred dollars and that they were made by the applicant for patent or his grantors. This proof should consist of the affidavit of two or more disinterested witnesses. The annual expenditure to the amount of $100, required by section 2324, Revised Statutes, must be made upon placer as well as lode locations. 26. Application must Disclose Known Lodes Included in Claim. — Applicants for patent to a placer claim, who are also in possession of a known vein or lode included therein, must state in their application that the placer includes such vein or lode. The published and posted notices must also include such statement. If veins or lodes lying within a placer location are owned by other parties, the fact should be dis- tinctly stated in the application for patent and in all the notices. But in all cases, whether the lode is claimed or excluded, it must be sur- veyed and marked upon the plat, the field-notes and plat giving the area of the lode claim or claims and the area of the placer separately. An application which omits to claim such known vein or lode must be con- strued as a conclusive declaration that the applicant has no right of possession to the vein or lode. "Where there is no known lode or vein, the fact must appear by the affidavit of two or more witnesses. 534 27. Location Never to Exceed One Hundred and Sixty Acres.— By section 2330 it is declared that no location of a placer claim, made after July 9, 1870, shall exceed one hundred and sixty acres for any one per- son or association of persons, which location shall conform to the United States surveys. 28. Conformation to Public Surveys. — Section 2331 provides that all placer mining claims located after May 10, 1872, shall conform as nearly as practicable with the United States system of public land surveys and the rectan^lar subdivisions of such surveys, and such locations shall not include more than twenty acres for each individual claimant. 29. Maximum Locations Permissible. — The foregoing provisions of law are construed to mean that after the ninth day of July, 1870, no location of a placer claim can be made to exceed one hundred and sixty acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow ; and that from and after May 10, 1872, no location can exceed twenty acres for each individual participating therein ; that is, a location by two persons can- not exceed forty acres, and one by three persons cannot exceed sixty acres. 30. Marking Placer Locations. — The regulations hereinbefore given as to the manner of marking locations on the ground, and placing the same on record, must be observed in the case of placer locations so far as the same are applicable, the law requiring, however, that all placer mining claims located after May 10, 1872, shall conform as near as practicable with the United States system of public land surveys and the rectangular subdivisions of such surveys, whether the locations are upon surveyed or unsurveyed lands. When Conformity not Required. — Conformity to the public land sur- veys and the rectangular subdivisions thereof will not be required where compliance w^ith such requirement would necessitate the placing of the lines thereof upon other prior located claims or where the claim is sur- rounded by prior locations. The Same. — Where a placer location by one or two persons can be en- tirely included within a square forty-acre tract, by three or four persons within two square forty-acre tracts placed end to end, by five or six persons within three square forty-acre tracts and by seven or eight persons within four square forty-acre tracts, such locations will be re-, garded as within the requirements where strict conformity is imprac- ticable. Policy of Government as to Shape of Locations. — Whether a placer location conforms reasonably with the legal subdivisions of the public surveys is a question of fact to be determined in each case and no location will be passed to patent without satisfactory evidence in this regard. Claimants should bear in mind that it is the policy of the Gov- ernment to have all entries whether of agricultural or mineral lands as compact and regular in form as reasonably practicable, and that it will not permit or sanction entries or locations which cut the public UNITED STATES MINING REGULATIONS. 535 domain into long narrow strips or grossly irregular or fantastically shaped tracts. (Snow Flake Fraction Placer, 37 L. D. 250.) REGULATIONS UNDER SALINE ACT. 31. Single Locations Only Permitted. — Under the act approved Jan- uary 31, 1901, extending the mining laws to saline lands, the provisions of the law relating to placer mining claims are extended to all States and Territories and the district of Alaska, so as to permit the location and purchase thereunder of all unoccupied public lands containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, with the proviso, "That the same person shall not locate or enter more than one claim hereunder." 32. Application for Entry or Patent Limited to One Location. — Rights obtained by location under the placer mining laws are assignable, and the assignee may make the entry in his own name; so, under this act a person holding as assignee may make entry in his own name : Provided, he has not held under this act, at any time, either as locator or entry- man, any other lands ; his right is exhausted by having held under this act any particular tract, either as locator or entryman, either as an individual or as a member of an association. It follows, therefore, that no application for patent or entry, made under this act, shall embrace more than one single location. 33. Oath Accompanying Application for Patent. — In order that the conditions imposed by the proviso, as set forth in the above paragraph, may duly appear, the application for patent must contain or be accom- panied by a specific statement under oath by each person whose name appears therein that he never has. either as an individual or as a mem- ber of an association, located or entered any other lands under the provisions of this act. The application for patent should also be ac- companied by a showing under oath, fully disclosing the qualifications as defined by the proviso, of the applicants' predecessors in interest. (As amended June 4, 1912.) PROCEDURE TO OBTAIN PATENT TO MINERAL LANDS. LODE CLAIMS. 34. Survey, Plat and Field-notes.— The claimant is required, in the first place, to have a correct survey of his claim made under authority of the surveyor general of the State or Territory in which the claim lies, such survey to show with accuracy the exterior surface boundaries of the claim, which boundaries are required to be distinctly marked by monuments on the ground. Four plats and one copy of the original field-notes in each case will be prepared by the surveyor-general; one plat and the original field-notes to be retained in the office of the sur- veyor general ; one copy of the plat to be given the claimant for posting upon the claim; one plat and a copy of the field-notes to be given the claimant for filing with the proper register, to be finally transmitted by that officer, with other papers in the case, to this office, and one plat 536 HILLYER^S LEGAL MANUAL. to be sent by the surveyor treneral to the register of the proper land dis- trict, to be retained on his files for future reference. As there is no resident surveyor general for the State of Arkansas, applications for the survey of mineral claims in said State should be made to the Com- missioner of this office, who, under the law. is ex officio the United States surveyor general. (See instructions of July 29, 1911, p. 67.) 35. Survey and Plat must be Filed After Recording of Location Notice. — The survey and plat of mineral claims required to be filed in the proper land office with application for patent must be made subse- quent to the recording of the location of the claim (if the laws of the State or Territory or the regulations of the mining district require the notice of location to be recorded), and when the original location is made by survey of a United States mineral surveyor such location survey cannot be substituted for that required by the statute, as above indicated. 36. Number of Survey — Connection Survey — Two Mile Limit. — The surveyors general should designate all surveyed mineral claims by a progressive series of numbers, beginning with survey No. 37, irrespective as to whether they are situated on surveyed or unsurveyed lands, the claim to be so designated at date of issxiing the order therefor, in ad- dition to the local designation of the claim; it being required in all cases that the plat and field-notes of the survey of a claim must, in addi- tion to the reference to permanent objects in the neighborhood, describe the locus of the. claim with reference to the lines of public surveys by a line connecting a corner of the claim with the nearest public corner of the United States surveys, unless such claim be on unsurveyed lands at a distance of more than two miles from such public comer, in which latter case it should be connected with a United States mineral monu- ment. Such connecting line must not be more than two miles in length, and should be measured on the ground direct between the points, or calculated from actually surveyed traverse lines if the nature of the country should not permit direct measurement. If a regularly estab- lished survey corner is within two miles of a claim situated on unsur- veyed lands, the connection should be made with such corner in prefer- ence to a connection \wth a United States mineral monument. The connecting line or traverse line must be surveyed by the mineral sur- veyor at the time of his m^aking the particular survey and be made a part thereof. 37. Report of Survey. — {a) Promptly upon the approval of a mineral survey the surveyor general will advise both this office and the appropriate local land office, by letter (Form 4-286), of the date of approval, num- ber of the survey, name and area of the claim, name and survey number of each approved mineral survey with which actually in conflict, name and address of the applicant for survey, and name of the mineral sur- veyor who made the survey; and will also briefly describe therein the locus of the claim, specifying each legal subdivision or portion thereof, when upon surveyed lands, covered in whole or in part by the survey; UNITED STATES MINING REGULATIONS. 537 but hereafter no segregation of any such claim upon the official town- ship survey records will be made until mineral entry has been made and approved for patent, unless otherwise directed by this office. Procedure on Applications for Agricultural Entry Where Patent Ap- plications for Mineral Claims Have Been Filed. — (&) Upon application to make agricultural entry of the residue of any original lot or legal subdivision of forty acres, reduced by mining claims for which patent applications have been filed and which residue has been already re- allotted in accordance therewith, the local officers will accept and ap- prove the application as usual, if found to be regular. When such an application is filed for any such original lot or subdivision, reduced in available area by duly asserted mining claims but not yet reallotted accordingly, the local officers will promptly advise this office thereof; and will also report and identify any pending application for mineral patent affecting such subdivision which the agricultural applicant does not desire to contest. The surveyor general will thereupon be advised by this office of such mining claims, or portions thereof, as are proper to be segregated, and directed to at once prepare, upon the usual draw- ing-paper township blank, diagram of amended township survey of such original lot or legal forty-acre subdivision so made fractional by such mineral segregation, designating the agricultural portion by appro- priate lot number, beginning with No. 1 in each section and giving the area of each lot, and will forthwith transmit one approved copy to the local land office and one to this office. In the meantime the local officers will accept the agricultural application (if no other objection appears), suspend it with reservation of all rights of the applicant if continuously asserted by him, and upon receipt of amended township diagram wdll approve the application (if then otherwise satisfactory) as of the date of filing, corrected to describe the tract as designated in the amended surve3^ Application for Segregation of Agricultural and Mineral Lands, Pro- cedure on. — (c) The register and receiver will allow no agricultural claim for any portion of an original lot or legal forty-acre subdivision, where the reduced area is made to appear by reason of approved sur- veys of mining claims and for which applications for patent have not been filed, until there is submitted by such agricultural applicant a satis- factory showing that such surveyed claims are in fact mineral in char- acter; and applications to have lands asserted to be mineral, or mining locations, segregated by survey, with the view to agricultural appropria- tion of the remainder, will be made to the register and receiver for submission to the Commissioner of the General Land Office, for his consideration and direction, and must be supported by the affidavit of the party in interest, duly corroborated by two or more disinterested persons, or by such other or further evidence as may be required in any ease, that the lands sought to be segregated as mineral are in fact min- eral in character; otherwise, in the absence of satisfactory showing in any such case, such original lot or legal subdivision will be subject to agricultural appropriation only. When any such showing shall be 538 hillyer's legal manual. found to be satisfactory and the necessary survey is had, amended town- ship diairram will be required and made as prescribed in the preceding section. 38. Contents of Survey of Mining Claim. — The following particulars should be observed in the survey of every mining claim : (1) The exterior boundaries of the claim, the number of feet claimed along the vein, and, as nearly as can be ascertained, the direction of the vein, and the number of feet claimed on the vein in each direction from the point of discovery or other well-defined place on the claim should be represented on the plat of survey and in the field-notes. (2) The intersection of the lines of the survey with the lines of con- flicting prior surveys should be noted in the field-notes and represented upon the plat. (3) Conflicts with unsurveyed claims, where the applicant for survey does not claim the area in conflict, should be shown by actual survey. (4) The total area of the claim embraced by the exterior boundaries should be stated, and also the area in conflict with each intersecting survey, substantially as follows: Acres. Total area of claim 10.50 Area in conflict with survey No. 302 1.56 Area in conflict with survey No. 948 2.33 Area in conflict with Mountain Maid lode mining claim, unsur- veyed 1.48 It does not follow that because mining surveys are required to exhibit all conflicts with prior surveys the areas of conflict are to be excluded. The field-notes and plat are made a part of the application for patent, and care should be taken that the description does not inadvertently exclude portions intended to be retained. The application for patent should state the portions to be excluded in express terms. 39. Posting Plat and Notice — Contents of Notice. — The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, the number of the survey, the mining district and county, and the names of adjoining and conflicting claims as shown by the plat survey. Too much care cannot be exer- cised in the preparation of this notice, inasmuch as the data therein are to be repeated in the other notices required by the statute, and upon the accuracy and completeness of these notices will depend, in a great measure, the regularity and validity of the proceedings for patent. 40. Filing Copy of Plat, Field-notes, Notice, and Affidavit of Posting. After posting said plat and notice upon the premises, the claimant will file with the proper register and receiver a copy of such plat and the field-notes of survey of the claim, accompanied by the affidavit of at least two credible witnesses that such plat and notice are posted con- spicuously upon the claim, giving the date and place of such posting; UNITED STATES MINING REGULATIONS. 539 a copy of the notice so posted to be attached to and form a part of said affidavit. 41. Sworn Statement Accompanying Field-notes. — Accompanying the field-notes so filed must be the sworn statement of the claimant that he has the possessory right to the premises therein described, in virtue of a compliance by himself (and by his grantors, if he claims by purchase) with the mining rules, regulations, and customs of the mining district, State, or Territory in which the claim lies, and with the mining laws of Congress; such sworn statement to narrate briefly, but as clearly as possible, the facts constituting such compliance, the origin of his posses- sion and the basis of his claim to a patent. The vein or lode must be fully described, the description to include a statement as to the kind and character of mineral, the extent thereof, whether ore has been extracted and of what amount and value and such other facts as will support the applicant's allegation that the claim contains a valuable mineral deposit. Description of Vein or Lode. — The attention of the department hav- ing been called to the last clause of paragraph 41 of the mining regu- lations, the department made the following ruling of June 11, 1909 : "It seems that the expression, 'the extent thereof,' is being construed as meaning that the applicant must affirmatively show by proof of ex- ploration that the vein exists in fact throughout the whole length of the claim. "This construction of the paragraph is erroneous. By the words quoted it was intended to require the claimant to show the existence of a vein in such workings as he relied on to establish a discovery. By the extent of the vein was meant its size and quality as disclosed. That being done, the presumption exists that the vein extends on its strike throughout the whole length of the claim as located. "The sole purpose of that part of paragraph 41 quoted was to enable the land department to know, so far as applicant can reasonably show, the definite facts upon which the right to the patent is predicated so as to determine whether a valuable mineral deposit exists in the land claimed." 42. Certified Copy of Location Notice — Abstract of Title. — This sworn statement must be supported by a copy of each location notice, certified by the legal custodian of the record thereof, and also by an abstract of title of each claim certified by the legal custodian of the records of transfers, or by a duly authorized abstracter of titles. The certificate must state that no conveyances affecting, or purporting to affect, the title to the claim or claims appear of record other than those set forth. Supplemental Abstract. — Outside of the District of Alaska, the ap- plication for patent will be received and filed if the abstract is brought down to a day reasonably near the date of the presentation of the ap- plication and shows full title in the applicant who must as soon as practicable thereafter file a supplemental abstract brought down so as to include the date of the filing of the application. Publication will not 540 iiillyer's legal manual. be ordered until the showing as to title is thus completed and the local land officers are satisfied that full title was in the applicant on the day of the filinj? of the application. Abstract in Alaska. — In the District of Alaska the application for patent will be received and filed and the order for publication issued if the abstract showing full title in the applicant is brought down to a day reasonably near the date of the presentation of the application. A sup- plemental abstract of title brought down so as to include the date of the filing of the application must be furnished prior to the expiration of the sixty-day period of publication. Rcliahility of Abstract. — No certificate from an abstracter or abstract company will be accepted until approval by the Commissioner of the General Land Office of a favorable report of the chief of field division, or United States district attorney whose division or district embraces the lands in question, as to the reliability and responsibility of such abstracter or company. 43. Lost or Destroyed Records. — In the event of the mining records in any case having been destroyed by fire or otherwise lost, affidavit of the fact should be miade, and secondary evidence of possessory title vrill be received, which may consist of the affidavit of the claimant, supported by those of any other parties cognizant of the facts relative to his location, occupancy, possession, improvements, etc. ; and in such case of lost records, SiTiy deeds, certificates of location or purchase, or other evidence which may be in the claimant's possession and tend to establish his claim, should be filed. 44. Approval for Publication When Refused — Appeal. — Before ap- proving for publication any notice of an application for mineral patent, local officers will be particular to see that it includes no land which is embraced in a prior or pending application for patent or entry, or for any land embraced in a railroad selection, or for which publication is pending or has been made by any other claimants, and if, in their opinion, after investigation, it should appear that notice of a mineral application should not, for this or other reasons, be approved for pub- lication, they should formally reject the same, giving the reasons there- for, and allow the applicant thirty days for appeal to this office under the Rules of Practice. (As amended August 9, 1911.) Notice to Railroads. — Local officers will give prompt and appropriate notice to the railroad grantee of the filing of every application for mineral patent which embraces any portion of an odd-numbered section of surveyed lands within the primary limits of a railroad land grant, and of every such application embracing any portion of unsurveyed lands within such limits (except as to any such application which em- braces a portion or portions of those ascertained or prospective odd- numbered sections only, within the limits of the grant in Montana and Idaho to the Northern Pacific Railroad Company, which have been classi- fied as mineral under the act of February 26, 1895, without protest by the company within the time limited by the statute or the mineral classification whereof has been approved). UNITED STATES MINING REGULATIONS. 541 Protest hy Railroad. — Should the railroad grantee file protest and apply for a hearing- to determine the character of the land involved in any such application for mineral patent, proceedings thereunder will be had in the usual manner. Protest and Appeal Where Railroad Lands Listed or Selected. — Any application for mineral patent, however, which embraces lands pre- viously listed or selected by a railroad company will be dispOvSed of as provided by the first section of this paragraph, and the applicant af- forded opportunity to protest and apply for a hearing or to appeal. Notice to Railroad — Burden of Proof Where Lands Unsurveyed. — Notice should be given to the duly authorized representative of the rail- road grantee, in accordance with rule 17 of Practice. When the claims applied for are upon unsurveyed land, the burden of proving that they are situate Avithin prospective odd-numbered sections will rest upon the railroad. Proof of Service of Notice. — Evidence of service of notice should be filed with the record in each case. 45. Publication of Notice of Application. — Upon the receipt of these papers, if no reason appears for rejecting the application, the register will, at the expense of the claimant (who must furnish the agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such' application for the period of sixty days in a newspaper published nearest to the claim, and will post a copy of such notice in his office for the same period. When the notice is published in a weekly newspaper, nine consecutive inser- tions are necessary ; when in a daily newspaper, the notice must appear in each issue for sixty-one consecutive issues. In both cases the first day of issue must be excluded in estimating the period of sixty days. 46. Contents of Notice. — The notices so published and posted must embrace all the data given in the notice posted upon the claim. In addition to such data the published notice must further indicate the locus of the claim by giving the connecting line, as shown by the field- notes and plat, between a corner of the claim and a United States mineral monument or a corner of the public survey, and thence the boundaries of the claim by courses and distances. 47. Character of Newspaper. — The register shall publish the notice of application for patent in a paper of established character and general circulation, to be by him designated as being the newspaper published- nearest the land. 48. Certificate of Surveyor General. — The claimant at the time of filing the application for patent, or at any time within the sixty days of pub- lication, is required to file with the register a certificate of the surveyor general that not less than five hundred dollars' worth of labor has been expended or improvements made, by the applicant or his grantors, upon each location embraced in the application, or if the application embraces several contiguous locations held in common, that an amount equal to five hundred dollars for each location has been so expended upon, 542 HILLYER^S LEGAL MANUAL. and for the benefit of, the entire group ; that the plat filed by the claim- ant is correct; that the field-notes of the survey, as filed, furnish such an accurate description of the claim as will, if incorporated in a patent, serve to fully identify the premises, and that such reference is made therein to natural objects or permanent monuments as will perpetuate and fix the locus thereof: Provided, that as to all applications for patents made and passed to entry before July 1, 1898, or which are by protests or adverse claims prevented from being passed to entry before that time, where the application embraces several locations held in com- mon, proof of an expenditure of five hundred dollars upon the group will be suflficient, and an expenditure of that amount need not be shown to have been made upon, or for the benefit of, each location embraced in the application. 49. Surveyor General's Certificate, upon What Based. — The surveyor general may derive his information upon which to base his certificate as to the value of labor expended or improvements mad-e from the mineral surveyor who makes the actual survey and examination upon the premises, and such mineral surveyor should specify with partic- ularity and full detail the character and extent of such improvements, but further or other evidence may be required in any case. 50. Indorsement of Certificate. — It will be convenient to have this certificate indorsed by the surveyor general, both upon the plat and field-notes of survey filed by the claimant as aforesaid. 51. Affidavits of Publication and Posting. — After the sixty days^ period of newspaper publication has expired, the claimant will furnish from the office of publication a sworn statement that the notice was published for the statutory period, giving the first and last day of such publication, and his own affidavit showing that the plat and notice afore- said remained conspicuously posted upon the claim sought to be pat- ented during said sixty days' publication, giving the dates. 52. Payment for Land, Affidavit of Charges and Fees — Issuance of Patent. — Upon the filing of this affidavit the register will, if no adverse claim was filed in his office during the period of publication, and no other objection appears, permit the claimant to pay for the land to which he is entitled at the rate of five dollars for each acre and five dollars for each fractional part of an acre, except as otherwise provided by law, the receiver issuing the usual receipt therefor. The claimant will also make a sworn statement of all charges and fees paid by him for publication and surveys, together with all fees and money paid the register and receiver of the land office, after which the complete record will be forwarded to the Commissioner of the General Land Office and a patent issued thereon if found regular. 53. Protest Against Patent, Grounds of — Who may Protest. — ^At any time prior to the issuance of patent protest may be filed against the pat- enting of the claim as applied for, upon any ground tending to show that the applicant has failed to comply with the law in any matter essential to a valid entry under the patent proceedings. Such protest UNITED STATES MINING REGULATIONS. 543 cannot, however, be made the means of preserving a surface conflict lost by failure to adverse or lost by the judgment of the court in an adverse suit. One holding a present joint interest in a mineral location included in an application for patent who is excluded from the application, so that his interest would not be protected by the issue of patent thereon, may protest against the issuance of a patent as applied for, setting forth in such protest the nature and extent of his interest in such location, and such a protestant will be deemed a party in interest entitled to appeal. This results from the holding that a co-owner excluded from an application for patent does not have an "adverse" claim within the meaning of sections 2325 and 2326 of the Revised Statutes. (See Tur- ner v. Sawyer, 150 U. S. 578-586.) 54. Application by Trustee. — Any party applying for patent as trustee must disclose fully the nature of the trust and the name of the cestui que trust; and such trustee, as well as the beneficiaries, must furnish satisfactory proof of citizenship ; and the names of beneficiaries, as w^ell as that of the trustee, must be inserted in the final certificate of entry. 55. Annual Expenditure not Involved on Application for Patent. — The annual expenditure of one hundred dollars in labor or improve- ments on a mining claim, required by section 2324 of the Revised Stat- utes, is solely a matter between rival or adverse claimants to the same mineral land, and goes only to the right of possession, the determination of which is committed exclusively to the courts. 56. Effect of Failure to Prosecute Application.— The failure of an applicant for patent to a mining claim to prosecute his application to completion, by filing the necessary proofs and making payment for the land, within a reasonable time after the expiration of the period of publication of notice of the application, or after the termination of ad- verse proceedings in the courts, constitutes a waiver by the applicant of all rights obtained by the earlier proceedings upon the application. 57. Completion After Adverse Claim Filed. — The proceedings neces- sary to the completion of an application for patent to a mining claim, against which an adverse claim or protest has been filed, if taken by the applicant at the first opportunity afforded therefor under the law and departmental practice, will be as effective as if taken at the date when, but for the adverse claim or protest, the proceedings on the application could have been completed. PLACER CLAIMS. 58. Patents for Placers, When No Survey Necessary. — The proceed- ings to obtain patents for placer claims, including all forms of mineral deposits excepting veins of quartz or other rock in place, are similar to the proceedings prescribed for obtaining patents for vein or lode claims; but where a placer claim shall be upon surveyed lands, and conforms to legal subdivisions, no further survey or plat w411 be re- quired. Where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands. 544 hillyer's legal manual. 59. Proceedings for Patent — Price of Placer Claims. — The proceed- ings for obtaining patents for veins or lodes having already been fully given, it will not be necessary^ to repeat them here, it being thought that caireful attention thereto by applicants and the local officers will enable them to act understandingly in the matter, and make such slight modifications in the notice, or otherwise, as may be necessary in view of the different nature of the two classes of claims; the price of placer claims being fixed, however, at two dollars and fifty cents per acre or fractional part of an acre. 60. Additional Recitals Necessary. — In placer applications, in addi- tion to the recitals necessary in and to both vein or lode and placer ap- plications, the placer application should contain, in detail, such data as will support the claim that the land applied for is placer ground containing valuable mineral deposits not in vein or lode formation and that title is sought not to control watercourses or to obtain valuable timber but in good faith because of the mineral therein. This state- ment, of course, must depend upon the character of the deposit and the natural features of the ground, but the following details should be cov- ered as fully as possible: If the claim be for a deposit of placer gold, there must be stated the yield per pan, or cubic yard, as shown by prospecting and development work, distance to bedrock, formation and extent of the deposit, and all other facts upon which he bases his alle- gation that the claim is valuable for its deposits of placer gold. If it be a building stone or other deposit than gold claimed under the placer laws, it must describe fully the kind, nature, and extent of the deposit, stating the reasons why same is by him regarded as a valuable mineral claim. He will also be required to describe fully the natural features of the claim ; streams, if any, must be fully described as to their course, amount of water carried, fall within the claim; and he must state kind and amount of timber and other vegetation thereon and adaptability to mining or other uses. If the claim be all placer ground, that fact must be stated in the application and corroborated by accompanying proofs; if of mixed placers and lodes, it should be so set out, with a description of all known lodes situated within the boundaries of the claim. A specific declaration, such as is required by .section 2333, Revised Statutes, must be furnished as to each lode intended to be claimed. All other known lodes are, by the silence of the applicant, excluded by law from all claim by him, of whatsoever nature, possessory or otherwise. While this data is required as a part of the mineral surveyor's report under paragraph 167, in case of placers taken by special survey, it is proper that the application for patent incorporate these facts under the oath of the claimant. Inasmuch as in case of claims taken by legal subdivisions, no report by a mineral surveyor is required, the claimant, in his application in addition to the data above required, should describe in detail the shafts, cuts, tunnels, or other workings claimed as improvements, giving their UNITED STATES MINING REGULATIONS. 545 dimensions, value, and the course and distance thereof to the nearest corner of the public surveys. As prescribed by paragraph 25, this statement as to the description and value of the improvements must be corroborated by the affidavits of two disinterested witnesses. Applications awaiting entry, whether published or not, must be made to conform to these regulations, with respect to proof as to the character of the land. Entries already made will be suspended for such addi- tional proofs as may be deemed necessary in each case. Local land officers are instructed that if the proofs submitted in placer applications under this paragraph are not satisfactory as show- ing the land as a whole to be placer in character, or if the claims imjDinge upon or embrace watercourses or bodies of water, and thus raise a doubt as to the bona fides of the location and application, or the character and extent of the deposit claimed thereunder, to call for further evidence, or if deem,ed necessary, request the specific at- tention of the Chief of Field Service thereto in connection with the usual notification to him under the circular instructions of April 24, 1907, and suspend further action on the application until a report thereon is received from the field officer. MILL SITES. 61. Mill Sites must be Nonmineral. — Land entered as a mill site must be shown to be nonmineral. Mill sites are simply auxiliary to the work- ing of mineral claims, and as section 2337, which provides for the patenting of mill sites, is embraced in the chapter of the Revised Stat- utes relating to mineral lands, they are therefore included in this circular. 62. Application and Patent for Mill Site. — To avail themselves of this provision of law, parties holding the possessory right to a vein or lode claim, and to a piece of nonmineral land not contiguous thereto for mining or milling purposes, not exceeding the quantity allowed for such purpose by section 2337, or prior laws, under which the land was ap- propriated, the proprietors of such vein or lode may file in the proper land office their application for a patent, under oath, in manner already set forth herein, which application, together with the plat and field- notes, may include, embrace, and describe, in addition to the vein or lode claim, such noncontiguous mill site, and after due proceedings as to notice, etc., a patent will be issued conveying the same as one claim. The owner of a patented lode may, by an independent application, secure a mill site if good faith is manifest in its use or occupation in connection with the lode and no adverse claim exists. 63. Survey and Price Per Acre. — Where the original survey includes a lode claim and also a mill site the lode claim should be described in the plat and field-notes as "Sur. No. 37, A," and the mill site as *'Sur. No. 37, B," or whatever may be its appropriate numerical designation; the course and distance from a corner of the mill site to a corner of the 35 546 HILLYER^S LEGAL MANUAL. lode claim to be invariably given in such plat and field-notes, and a copy of the plat and notice of application for patent must be conspicuously posted upon the mill site as well as upon the vein or lode claim for the statutory period of sixty da^-s. In making the entry no separate receipt or certificate need be issued for the mill site, but the whole area of both lode and mill site will be embraced in one entry, the price being five dollars for each acre and fractional part of an acre embraced by such lode and mill site claim. 64. Patent for Mill Site by Nonowner of Lode. — In case the owner of a quartz-mill or reduction works is not the owner or claimant of a vein or lode claim the law permits him to make application therefor in the same manner prescribed herein for mining claims, and after due notice and proceedings, in the absence of a valid adverse filing, to enter and receive a patent for his mill site at said price per acre. 65. Testimony as to Nonmineral Character. — In every case there must be satisfactory proof that the land claimed as a mill site is not mineral in character, which proof may, where the matter is unquestioned, con- sist of the sworn statement of two or more persons capable, from ac- quaintance with the land, to testify understandingly. CITIZENSHIP. 66. Charter of Corporation to be Filed — Affidavit and Power of At- torney When Association Unincorporated. — The proof necessary to es- tablish the citizenship of applicants for mining patents must be made in the following manner: In case of an incorporated company, a cer- tified copy of their charter or certificate of incorporation must be filed. In case of an association of persons unincorporated, the affidavit of their duly authorized agent, made upon his own knowledge or upon informa- tion and belief, setting forth the residence of each person forming such association, must be submitted. This affidavit must be accompanied by a power of attorney from the parties forming such association, au- Ihorizing the person who makes the affidavit of citizenship to act for them in the matter of their application for patent. 67. Affidavit of Citizenship by Individual. — In case of an individual or an association of individuals who do not appear by their duly au- thorized agent, the affidavit of each applicant, showing whether he is a native or naturalized citizen, when and where born, and his residence,, will be required. 68. Contents When Naturalized or Intention Declared. — In case an applicant has declared his intention to become a citizen or has been naturalized, his affidavit must show the date, place, and the court before which he declared his intention, or from which his certificate of citizen- ship issued, and present residence. 69. Affidavit, Before Whom Taken.— The affidavit of the claimant as to his citizenship may be taken before the register or receiver, or any other officer authorized to administer oaths within the land districts^ or, if the claimant is residing bej-ond the limits of the district, the affi- UNITED STATES MINING REGULATIONS. 547 davit may be taken before the clerk of any court of record or before any notary public of any State or Territory. 70. Testimony, Where Taken.— If citizenship is established by the testimony of disinterested persons, such testimony may be taken at any place before any person authorized to administer oaths, and whose official character is duly verified. 71. Entries — When Allowed — Subsequent Transfers. — No entry will be allowed until the register has satisfied himself, by careful examina- tion, that proper proofs have been filed upon the points indicated in the law and official regulations. Transfers made subsequent to the filing of the application for patent will not be considered, but entry will be allowed and patent issued in all cases in the name of the applicant for patent, the title conveyed by the patent, of course, in each instance inuring to the transferee of such applicant where a transfer has been made pending the application for patent. 72. Mineral Entries, How Numbered. — The mineral entries will be given the current serial numbers according to the provisions of the circular of June 10, 1908, whether the same are of lode or of placer claims or of mill sites. 73. Duty of Register in Sending Up Papers. — In sending up the papers in a case the register must not omit certifying to the fact that the notice was posted in his office for the full period of sixty days, such certificate to state distinctly when such posting was done and how long continued. The schedule of papers, form 4-252f, should accom- pany the returns with all mineral applications and entries allowed. POSSESSORY RIGHT. 74. Title by Adverse Possession.— The provisions of section 2332, Re- vised Statutes, will greatly lessen the burden of proof, more especially in the case of old claims located many years since, the records of which, in many cases, have been destroyed by fire, or lost in other ways during the lapse of time, but concerning the possessory right to which all con- troversy or litigation has long been settled. 75. Proof Required. — When an applicant desires to make his proof of possessory right in accordance with this provision of law, he will not be required to produce evidence of location, copies of conveyances, or abstracts of title, as in other cases, but will be required to furnish a duly certified copy of the statute of limitation of mining claims for the State or Territory, together with his sworn statement giving a clear and succinct narration of the facts as to the origin of his title, and like- wise as to the continuation of his possession of the mining ground cov- ered by his application ; the area thereof ; the nature and extent of the mining that has been done thereon ; whether there has been any opposi- tion to his possession, or litigation with regard to his claim, and if so, when the same ceased; whether such cessiation was caused by com- promise or by judicial decree, and any additional facts within the 548 hillyer's legal manual. claimant's knowledge having a direct bearing upon his possession and bona fides which he may desire to submit in support of his claim. 76. Certificate of Court.. — There should likewise be filed a certificate, under seal of the court having jurisdiction of mining cases within the judicial district embracing the claim, that no suit or action of any character whatever involving the right of possession to any portion of the claim applied for is pending, and that there has been no litigation before said court affecting the title to said claim or any part thereof for a period equal to the time fixed by the statute of limitations for mining claims in the State or Territory as aforesaid other than that which has been finally decided in favor of the claimant. 77. Corroborative Testimony. — The claimant should support his narrative of facts relative to his possession, occupancy, and improve- ments by corroborative testimony of any disinterested person or per- sons of credibility who may be cognizant of the facts in the case and are capable of testifying understandingly in the premises. ADVERSE CLAIMS. 78. Adverse Claim, Where Filed — How Verified. — An adverse claim must be filed with the register and receiver of the land ofiice where the application for patent is filed or with the register and receiver of the district in which the land is situated at the time of filing the adverse claim. It must be on the oath of the adverse claimant, or it may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated. 79. Verification by Agent. — Where an agent or attorney in fact veri- fies the adverse claim^ he must distinctly swear that he is such agent or attorney, and accompany his affidavit by proof thereof. 80. Where Made. — The agent or attorney in fact must make the affi- davit in verification of the adverse claim within the land district where the claim is situated. 81. Contents of Adverse Claim. — The adverse claim so filed must fully set forth the nature a*nd extent of the interference or conflict; whether the adverse party claims as a purchaser for valuable considera- tion or as a locator. If the former, a certified copy of the original location, the original conveyance, a duly certified copy thereof, or an abstract of title from the office of the proper recorder should be fur- nished, or if the transaction was a merely verbal one he will narrate the circumstances attending the purchase, the date thereof, and the amount paid, which facts should be supported by the affidavit of one or more witnesses, if any were present at the time, and if he claims a locator he must file a duly certified copy of the location from the office of the proper recorder. 82. Plat — When Necessary. — In order that the ^'hotmdaries'^ and ^^extent^^ of the claim may be shoAvn, it will be incumbent upon the adverse claimant to file a plat showing his entire claim, its relative situation or position with the one against which he claims, and the UNITED STATES MINING REGULATIONS. 549 extent of the conflict: Provided, however, that if the application for patent describes the claim by legal subdivisions, the adverse claimant, if also claiming by legal subdivisions, may describe his adverse claim in the same manner without further survey or plat. If the claim is not described by legal subdivisions, it will generally be more satisfactory if the plat thereof is made from an actual survey by a mineral sur- veyor, and its correctness officially certified thereon by him. 83. Notice of Filing by Register or Receiver. — ^Upon the foregoing being filed within the sixty days' period of publication, the register, or in his absence the receiver, will immediately give notice in writing to the parties that such adverse claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction to determine the question of right of posses- sion, and to prosecute the same with reasonable diligence to final judg- ment, and that, should such adverse claimant fail to do so, his adverse claim will be considered waived and the application for patent be al- lowed to proceed upon its merits. 84. Stay of Proceedings. — When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon ; and thereafter all proceedings on the application for patent will be stayed, with the exception of the completion of the publication and posting of notices and plat and the filing of the necessary proof thereof, until the controversy shall have been finally adjudicated in court or the adverse claim waived or withdrawn. 85. Certified Copy of Judgment-roll. — Where an adverse claim has been filed and suit thereon commenced within the statutory period and final judgment rendered determining the right of possession, it will not be sufficient to file with the register a certificate of the clerk of the court setting forth the facts as to such judgment, but the successful party must, before he is allowed to make entry, file a certified copy of the judgment-roll, together with the other evidence required by Section 2326, Revised Statutes. 86. Order of Dismissal. — Where such suit has been dismissed, a cer- tificate of the clerk of the court to that effect or a certified copy of the order of dismissal will be sufficient. 87. Relinquishment not Accepted. — After an adverse claim has been filed and suit commenced, a relinquishment or other evidence of aban- donment of the adverse claim will not be accepted, but the case must be terminated and proof thereof furnished as required by the last two paragraphs. 88. Certificate Where Suit not Commenced. — Where an adverse claim has been filed, but no suit commenced against the applicant for patent within the statutory period, a certificate to that effect by the clerk of the State court having jurisdiction in the case, and also by the clerk 550 HILLYER^S LEGAL MANUAL. of the district court of the United States for the district in which the claim is situated, will be required. (Amended, November 6, 1912.) APPOINTMENT OF SURVEYORS FOR SURVEY OF MINING CLAIMS AND CHARGES. 89. Maximum Charges for Newspaper Publications. — Section 2334 provides for the appointment of surveyors to survey mining claims, and authorizes the Commissioner of the General Land Office to establish the rates to be charfjed for surveys and for newspaper publications. Under this authority of law the following: rates have been established as the maximum charges for newspaper publications in mining- eases: (1) Where a daily newspaper is designated the charge shall not ex- ceed seven dollars for each ten lines of space occupied, and where a weekly newspaper is designated as the medium of publication five dollars for the same space will be allowed. Such charge shall be ac- cepted as full payment for publication in each issue of the newspaper for the entire period required by law. It is expected that these notices shall not be so abbreviated as to curtail the description essential to a perfect notice, and the said rates established upon the understanding that they are to be in the usual body type used for advertisements. (2) For the publication of citations in contests or hearings involv- ing the character of lands the charges shall not exceed eight dollars for five publications in weekl.v newspapers or ten dollars for publica- tions in daily newspapers for thirty days. 90. Mineral Surveyors — Appointment and Bond. — The surveyors-gen- eral of the several districts will, in pursuance of said law, appoint in each land district as many competent surveyors for the survey of min- ing claims as may seek such appointment, it being distinctly understood that all expenses of these notices and surveys are to be borne by the mining claimants and not by the United States. The statute provides that the claimant shall also be at liberty to employ any United States mineral surveyor to make the survey. Each surveyor appointed to sur- vey mining claims before entering upon the duties of his office or appointment shall be required to enter into a bond of not less than $5,000 for the faithful performance of his duties. 91. Deposit for Survey. — With regard to the platting of the claim and other office work in the surveyor general's office, that officer will make an estimate of the cost thereof, which amount the claimant will deposit with any assistant United States treasurer or designated deposi- tary in favor of the United States Treasurer, to be passed to the credit of the fund created by "individual depositors for surveys of the public lands," and file with the surveyor general duplicate certificates of such deposit in the usual manner. 92. Surveyors for Each Mining District. — The surveyors general will endeavor to appoint surveyors to survey mining claims so that one or more may be located in each mining district for the greater convenience of miners. UNITED STATES MINING REGULATIONS. 551 93. Duties of Surveyor — Not Allowed to Prepare Papers. — The usual oaths will be required of these surveyors and their assistants as to the correctness of each survey executed by them. The duty of the surveyor ceases when he has executed the survey and returned the field-notes and preliminary plat thereof with his report to the surveyor general. He will not be allowed to prepare for the mining claimant the papers in support of an application for patent, or otherwise perform the duties of an attorney before the land office in connection with a mining claim. The surveyors general and local land officers are expected to report any infringement of this regulation to this office. 94. Exorbitant Charges. — Should it appear that excessive or exorbi- tant charges have been made by any surveyor or any publisher, prompt action will be taken with the view of correcting the abuse. FEES OF REGISTERS AND RECEIVERS. 95. Fees. — The fees payable to the register and receiver for filing and acting upon applications for mineral land patents are five dollars to each officer, to be paid by the applicant for patent at the time of filing, and the like sum of five dollars is payable to each officer by an adverse claimant at the time of filing his adverse claim. (Section 2238, Rev. Stats., par. 9.) [Paragraphs 96, 97, and 98 omitted.] HEARINGS TO DETERMINE CHARACTER OF LANDS. 99. Rules of Practice. — The Rules of Practice in cases before the United States district land offices, the General Land Office, and the Department of the Interior will, so far as applicable, govern in all cases and proceedings arising in contests and hearings to determine the char- acter of lands. 100. Mineral Lands Withheld from Entry as Agricultural Lands. — Public land returned by the surveyor general as mineral shall be with- held from entry as agricultural land until the presumption arising from such a return shall be overcome by testimony taken in the manner here- inafter described. 101. Hearings. — Hearings to determine the character of lands: (1) Lands returned as mineral by the surveyor-general. When such lands are sought to be entered as agricultural under laws which require the submission of final proof after due notice by publi- cation and posting, the filing of the proper nonmineral affidavit in the absence of allegations that the land is mineral will be deemed sufficient as a preliminary requirement. A satisfactory showing as to character of land must be made when final proof is submitted. In case of application to enter, locate, or select such lands as agri- cultural, under laws in which the submission of final proof after due publication and posting is not required, notice thereof must first be 552 HILLYER^S LEGAL MANUAL. given by publication for sixty days and posting in the local office dar- ing the same period, and affirmative proof as to the character of the land submitted. In the absence of allegations that the land is mineral, and upon compliance with this requirement, the entry, location, or selection will be allowed, if otherwise regular. (2) Lands returned as agricvMural and alleged to be mineral in char- acter. Where as against the claimed right to enter such lands as agricul- tural it is alleged that the same are mineral, or are applied for as mineral lands, the proceedings in this class of cases will be in the nature of a contest, and the practice will be governed by the rules in force in contest cases. [Paragraphs 102 to 104 omitted.] 105. Testimony on Hearing as to Mineral Character. — At hearings to determine the character of lands the claimants and witnesses will be thoroughly examined with regard to the character of the land ; whether the same has been thoroughly prospected; whether or not there exists within the tract or tracts claimed any lode or vein of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, or other valuable deposit which has ever been claimed, located, recorded, or worked; whether such work is entirely abandoned, or whether occa- sionally resumed; if such lode does exist, by whom claimed, under what designation, and in which subdivision of the land it lies ; whether any placer mine or mines exist upon the land; if so, what is the character thereof — whether of the shallow surface description, or of the deep cement, blue lead, or gravel deposits; to what extent mining is carried on when water can be obtained, and what the facilities are for obtaining water for mining purposes; upon what particular ten-acre subdivisions mining has been done, and at what time the land was abandoned for mining purposes, if abandoned at all. In every case, where practicable, an adequate quantity or number of representative samples of the alleged mineral-bearing matter or material should be offered in evidence, with proper identification, to be considered in connection with the record, with which they will be transmitted upon each appeal that may be taken. Testimony may be submitted as to the geological formation and development of mineral on adjoining or adjacent lands and their relevancy. 106. Testimony on Hearing — As to Agricultural Character. — The tes- timony should also show the agricultural capacities of the land, what kind of crops are raised thereon, and the value thereof; the number of acres actually cultivated for crops of cereals or vegetables, and within which particular ten-acre subdivision such crops are raised; also which of these subdivisions embrace the improvements, giving in detail the extent and value of the improvements, such as house, barn, vineyard, orchard, fencing, etc., and mining improvements. 107. Should Show Date When Existence of Minerals First Known. The testimony should be as full and complete as possible; and in UNITED STATES MINING REGULATIONS. 553 addition to the leading points indicated above, where an attempt is made to prove the mineral character of lands which have been entered under the agricultural laws, it should show at what date, if at all, valuable deposits of minerals were first known to exist on the lands. 108. Survey to Segregate Agricultural and Mineral Lands. — ^When the case comes before this office, such decision will be made as the law and the facts may justify. In cases where a survey is necessary to set apart the mineral from the agricultural land, the proper party, at his own expense, will be required to have the work done by a reliable and com- petent surveyor to be designated by the surveyor general. Application therefor must be made to the register and receiver, accompanied by de- scription of the land to be segregated and the evidence of service upon the opposite party of notice of his intention to have such segregation made. The register and receiver will forward the same to this office, when the necessary instructions for the survey will be given. The sur- vey in such case, where the claims to be segregated are vein or lode claims, must be executed in such manner as will conform to the require- ments in section 2320, Revised Statutes, as to length and width and parallel end lines. 109. Survey to be Sworn to. — Such survey when executed must be properly sworn to by the surveyor, either before a notary public, United States commissioner, officer of a court of record, or before the register or receiver, the deponent's character and credibility to be properly certi- fied to by the officer administering the oath. 110. Verification by Surveyor General. — Upon the filing of the plat and field-notes of such survey with the register and receiver, duly sworn to as aforesaid, they will transmit the same to the surveyor general for his verification and approval, who, if he finds the work correctly per- formed, will furnish authenticated copies of such plat and description both to the proper local land office and to this office, made upon the usual drawing-paper township blank. The copy of plat furnished the local office and this office must be a diagram verified by the surveyor general, showing the claim or claims segregated, and designating the separate fractional agricultural tracts in each 40-acre legal subdivision by the proper lot number, beginnino^ with No. 1 in each section, and giving the area in each lot, the same as provided in paragraph 37 in the survey of mining claims on sur- veyed lands. 111. Effect of Decision That Land is Mineral. — The fact that a cer- tain tract of land is decided' upon testimony to be mineral in character is by no means equivalent to an award of the land to a miner. In order to secure a patent for such land, he must proceed as in other cases, in accordance with the foregoing regulations. Blank forms for proofs in mineral cases are not furnished by the General Land Office. 554 FOREST RESERVATIONS. Forest Reservations, When to be Established. — All public lands here- tofore designated and reserved by the President of the United States under the provisions of the act approved March 3, 1891, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall be as far as practicable controlled and administered in accordance with the follow- ing provisions: No public forest reservation shall be established, except to improve and protect the forest within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a con- tinuous supply of timber for the use and necessities of citizens of the United States ; but it is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricul- tural purposes, than for forest purposes. (30 Stats, at Large, 34, 35, 36.) Use of Timber, etc., by Settlers, etc. — The Secretary of the Interior may permit, under regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for fire- wood, fencing, buildings, mining, prospecting, and other domestic pur- poses, as may be needed by such persons for such purposes ; such tim- ber to be used within the State or Territory, respectively, where such reservations may be located. Egress and Ingress of Settlers Within Reservations, etc. — Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of such reservations, or from crossing the same to and from their property or homes ; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, in- cluding that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations. Restoration of Mineral or Agricultural Lands to the Public Domain. — Upon the recommendation of the Secretary of the Interior, with the approval of the President, after sixty days' notice thereof, published in two papers of general circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral UNITED STATES MINING REGULATIONS. 555 lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained. MINERAL LANDS WITHIN NATIONAL FORESTS. 114. Mineral Lands in Forest Reserves Subject to Location. — The act of June 4, 1897, provides that ''any mineral lands in any forest reserva- tion which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry," notwithstanding the reservation. This makes mineral lands in the forest reserves s 888 8 SS?2 ?! 8 : '•■ ei '■ '■ 5 : ii '■■ 8 ; 888 8 •is i i i S : ; 8 8 S§ : : III ?5S^ 888 8 j 8 8«S 8 88 8 8 8 :8 s ^5355 ;^ sa s s^ ?; :2 Jli ': 8 :-5 -J 8 888 8 88 8 8 8 : : 1 : 1; l|S2 888 g8« i n P) .4; 0* i :5S|Sl Ills ill's ai ii^l ill 1 Hi ia : ill fa • c : .a •gi ■ S 6 • >>! 1 1- -"1 fill 11 -PI - 3 "ad El I It ?8 688 HILLYER'S LEGAL MANUAL. Table III. — Rates fixed by the Commissioner of Pensions for certain disabilities not specified by law. Per month. Anchylosis of shoulder $12 00 Anchylosis of elbow 10 00 Anchylosis of knee 10 00 Anchylosis of ankle 8 00 Anchylosis of wrist 8 00 Loss of sight of one eye 12 00 Loss of one eye 17 00 Nearly total deafness of one ear 6 00 Total deafness of one ear 10 00 Slight deafness of both ears 6 00 Severe deafness of one ear and slight of the other 10 00 Nearly total deafness of one ear and slight of the other 15 00 Total deafness of one ear and slight of the other 20 00 Severe deafness of both ears 22 00 Total deafness of one ear and severe of the other 25 00 Deafness of both ears existing in a degree nearly total 27 00 Loss of palm of hand and all the fingers, the thumb remaining. . 17 00 Loss of thumb, index, middle, and ring fingers 17 00 Loss of thumb, index, and middle fingers 16 00 Loss of thumb and index finger 12 00 Loss of thumb and little finger 10 00 Loss of thumb, index, and little fingers 16 00 Loss of thumb 8 00 Loss of thumb and metacarpal bone 12 00 Loss of all the fingers, thumb and palm remaining 16 00 Loss of index, middle, and ring fingers 16 00 Loss of middle, ring, and little fingers . 14 00 Loss of index and middle fingers 8 00 Loss of little and middle fingers 8 00 Loss of little and ring fingers 6 00 Loss of ring and middle fingers 6 00 Loss of index and middle fingers 6 00 Loss of index finger 4 00 Loss of any other finger without complications 2 00 Loss of all the toes of one foot 10 00 Loss of great, second, and third toes 8 00 Loss of great toe and metatarsal 8 00 Loss of great and second toes 8 00 Loss of great toe 6 00 Loss of any other toe and metatarsal 6 00 Loss of any other toe 2 00 Chopart's amputation of foot, with good results 14 00 Pirogoff 's modification of Syme's 17 00 Small varicocele 2 00 Well-marked varicocele 4 00 Inguinal hernia, which passes through the external ring 10 00 PENSION TABLES. 689 Per month. Inguinal hernia, which does not pass through the external ring.$ 6 00 Double inguinal hernia, each of which passes through the ex- ternal ring 14 00 Double inguinal hernia, one of which passes through the ex- ternal ring and other does not 12 00 Double inguinal hernia, neither of which passes through the ex- ternal ring 8 00 Femoral hernia 10 00 Section 4699, Revised Statutes, provides that the rate of $18 per month may be proportionately divided for any degree of disability es- tablished for which section 4695 makes no provision. The act of August 27, 1888, provides a $30 rate for total deafness and authorizes the Secretary of the Interior to grant such proportion thereof in cases of partial deafness as he may deem equitable. Act January 15, 1903, increases rate for total deafness to $40. Rates on partial degrees not affected. The act of March 2, 1895, provides that "all pensioners now on the rolls, who are pensioned at less than six dollars per month, for any degree of pensionable disability, shall have their pensions increased to six dollars per month ; and that, hereafter, whenever any applicant for pension would, under existing rates, be entitled to less than six dollars for any single disability or several combined disabilities such pensioner shall be rated at not less than six dollars per month: Provided, also, that the provisions hereof shall not be held to cover any pensionable period prior to the passage of this act, nor authorize a rerating of any claim for any part of such period, nor prevent the allowance of lower rates than six dollars per month, according to the existing practice in the Pension Office in pending cases covering any pensionable period prior to the passage of this act." Table IV. — Miscellaneous rates. INVALID. Indian wars : Per month. Acts July 27, 1892, June 27, 1902, and May 30, 1908. ... $ 8 00 Mexican War : Act Jan. 27, 1887 8 00 Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivors. . 12 00 Act Mar. 3, 1903, all survivors 12 00 Act Feb. 6, 1907— At 62 years 12 00 At 70 years 15 00 At 75 years or over 20 00 Civil War: Act June 27, 1890, in its original form, and also as amended by the act of May 9, 1900 6 00-12 00 44 690 Act Feb. 6, 1907— Per month. At 62 years $12 00 At 70 years 15 00 At 75 years or over 20 00 Army nurses : Act Aug. 5, 1892...- 12 00 Navy service pensions: Sec. 4756, R. S., for 20 years' service, one-half the pay of rating at discharge. Sec. 4757, R. S., for 10 years' service, not to exceed the rate for total disability. WIDOWS AND MINORS. Revolutionary War: Act Mar. 9, 1878, widows only $8 00 Act Mar. 19, 1886, widows only 12 00 War of 1812 : Act Mar. 9, 1878, widows only 8 00 Act Mar. 19, 1886, widows only 12 00 Indian wars: Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows only $8 00 Act April 19, ^908, section 1, widows only 12 00 Mexican War: Act Jan. 29, 1887, widows only 8 00 Act Apr. 19, 1908, section 1, widows only 12 00 Civil War : Sec. 4702, R. S., widows and minors, same rates as in Table I. Act Mar. 19, 1886, widows and minors 12 00 Act June 27, 1890, in its original form, and as amended by the act of May 9, 1900 8 00 Act Apr. 19, 1908 12 00 From and after July 25, 1866, a widow is entitled, under the provi- sions of section 4703, Revised Statutes, to the sum of $2 per month additional on account of each legitimate minor child of the deceased soldier or sailor, in her care and custody, until such child reaches the age of 16 years. Where the widow has died, remarried, or has no title, the minor children under 16 years of age succeed to the widow's rights. In claims under the act of June 27, 1890, both in its original and amended forms, the additional pension of $2 per month is granted. In addition provision is made in said act for the continuance of pension granted to an insane, idiotic, or otherwise physically or mentally help- less minor child, during its life or during the period of disability. This proviso is applicable to minors' claims under any statute. PENSIONS — POSTAL SERVICE. 691 DEPENDENT RELATIVES. Per month.. Sec. 4707, R. S., in its original form, and as amended by sec- tion 1, Act June 27, 1890, same rates as in Table I. Act Mar. 19, 1886 $12 00 POSTAL SERVICE. ORGANIZATION. Congress. — Congress is the ruling head of the United States post- office. It defines the limits of what can and cannot be done, leaving to the Postoffice Department the duty of formulating regulations and organizing the machinery by which its will may be carried out. Postmaster General. — The executive head of the postoffice system is the Postmaster General. Assisting him, and, under him, controlling the different branches of the service, are the four Assistant Postmasters General. Advising him is the Assistant United States Attorney Gen- eral for the postoffice, a member of the Department of Justice ; and checking his accounts is the Auditor for the postoffice, a member of the Treasury Department. Attached to his own office is the Chief In- spector, through whom, and the Inspection Division, he keeps in touch with the whole fabric of the system. Postoffice Department. — These offices form what is known as the Postoffice Department as distinguished from the postoffice service at large. First Assistant Postmaster General. — The First Assistant Postmaster General handles the appointment of postmasters, the establishment of new offices, the establishment and control of free delivery (carrier delivery), the general supervision of postoffice employees, their appoint- ment and separation from the service, their pay-rolls and the allow- ances for expenditures in the various postoffices. Second Assistant Postmaster General. — The Second Assistant Post- master General handles the Railway Mail Service and all its employees, the relation of the Department to all modes of transportation, and the foreign mails. Third Assistant Postmaster General. — The Third Assistant Post- master General handles the finances, the stamps, their manufacture, sale and redemption, the money order system, the registry system, the postal savings system, and all matters of classification, including the second-class privilege for newspapers and the use of the permit privi- lege, or payment of postage in money, for third-class matter, and par- cel post packages. Fourth Assistant Postmaster General. — The Fourth Assistant Post- master General handles the supplies of the Department, the Dead Letter Division, the rural delivery and rural carriers, the control and estab- lishment of rural routes, and the control and establishment of star (mostly stage) routes. 692 hillyer's legal manual. Assistant Attorney General. — The Assistant Attorney General for the Postoffice Department handles all questions involving the construction of the postal laws and regulations, questions of lotteries, of prohibitive and unmailable matter, of scurrilous, obscene or defamatory matter, and of the delivery of mail in dispute. Chief Clerk.— The Chief Clerk of the Postoffice Department attached to the Postmaster General's office handles all matters of general in- formation. Auditor and Chief Inspector. — The Auditor and the Chief Inspector, except in special cases, deal only with the service. Publications. — The Chief Clerk of the Postoffice Department also handles the distribution of such publications, maps and guides as the Postoffice Department issues for the information of the public. These publications include: Post route maps of the different states containing the location of all postoffices and mail routes, with such other information as is appro- priate. The Postal Guide, an annual publication with twelve monthly sup- plements, containing lists of all postoffices and general information re- garding the service. This is furnished for $3 a year, which includes the annual guide and all supplements. The annual guide alone may be purchased for twenty-five cents. Parcel Post maps, showing the different units of area and zone lines for the regular postoffice desired (see parcel post zone system) and the Parcel Post Guide, showing the unit of area in which each postoffice is located. General information regarding the parcel post system is also included. Both are issued for seventy-five cents, the map alone for forty cents and the guide for thirty-five cents. Postoffices. — Postoffices are divided into first, second, third and fourth class offices. The first, second and third classes are known as Presidential postoffices, their postmasters being appointed by the Presi- dent, the appointment being confirmed by the United States Senate. Fourth-class postmasters are appointed by the Postmaster-General with- out confirmation. The division into classes is determined by the receipts of the office. Every large postoffice is divided generally into a division of finance, of money orders, of dispatch of mail, of delivery of mail, and of regis- try of mail, with an executive division controlling all. Parcel post is included in the dispatch and delivery. The postal savings system is included in the department of finance. When large enough, postoffices are supplemented by stations desig- nated as regular and contract stations. A regular station is always designated by a letter or a name. A contract station is designated by a number. Regular stations are equipped to transact all classes of postoffice business. The work is handled by regular employees of the postoffice. Contract stations are handled by persons not regularly em- POSTAL SERVICE. 693 ployed by the Department, who are under special contract to conduct the station, presumably in connection with their other business, for a fixed sum per year. Contract stations are intended to be a convenience only. They handle no ordinary mail and do no postal savings business. They sell stamps (ordinary, special and postal savings), register mail, issue money orders, and, when specially designated, do a parcel post business. Except under special arrangement they do no foreign money order business. It is obvious that when transacting postoffice business of any par- ticular nature, or involving any special knowledge of the service, pa- trons should go to a regular station or to the main office. Postoffices may be established wherever the Postmaster General deems expedient. A postoffice will not be established in a bar-room or in any room directly connected therewith, and mail must not be opened or delivered in any room in which liquor is sold at retail, except in the case of a drug-store where liquor is sold for medicinal purposes only. Postoffices must not be allowed to become resorts for loungers or disorderly persons, or the scenes of disputes or controversies. When- ever necessary, postmasters are instructed to call on the civil authori- ties to preserve order and if this call be disregarded the office will be closed. Smoking may be prohibited in the lobbies. In large post- offices it is usually the custom to forbid persons to watch callers at the general delivery windows. Postmasters. — Postmasters are independent of each other. They are advised and controlled by the Postoffice Inspector in charge of the dis- trict and the Superintendent of the Railway Mail Service division in which they are, but their responsibility lies directly to the Postoffice Department. Postmasters must be citizens or must have declared their intention to become citizens, and they must live in the city or town in which their office is located. They may deliver mail arriving after 9 P. M., but they are not obliged to do so. They are forbidden to give out any information regarding mail or addresses. They are warned not to give information concerning mail matter over the telephone unless the voice be recognized, and even then they do so at their own risk. They are forbidden to give any testimonial, recommendation or indorsement and they are not allowed to try mechanical devices sub- mitted for experimental purposes by persons outside the service, unless by permission of the Department. They are responsible for their offi- ces until their successors have been installed. Their sureties may ex- amine their accounts but must not examine mail or addresses in their care. MAIL MATTER. Mail. — The first business of the postal system is to handle mail. Mail may be designated generally into two classes — domestic and for- eign. Each branch has its own peculiar regulations but there are some matters that are common to both. These will be considered first. The special regulations for each will be taken up under separate headings 694 hillyer's legal manual. under the designations "Domestic" and ** Foreign." The parcel post system will be taken up by itself. Inviolability of Seal. — No postofifice inspector, postmaster, or any other persons connected with the postal service, except those employed for that purpose in the Division of Dead Letters, in Washington, D. C, has authority to break the seal of any sealed matter passing through the mails. Preparation of Mail. — There are many ways in which mail may be prepared for posting which, without adding cost or trouble to the sender, will greatly assist the postoffice in handling the mail, and con- sequently will insure for it a quicker dispatch. All mail should be legibly addressed to street and number, if pos- sible, or to a box number, and to postoffice and State. All mail should bear the address of the sender. This should be upon the front of the envelope, preferably in the upper left-hand corner, and a request to return it in a certain number of days, not less than three, in case it be found impossible to deliver it. It takes time to search for a return card on the back of an envelope ; also it is often overlooked. Advertising matter must not be printed upon an envelope in such a manner as to encroach on the space necessary for a clear and legible postmark or address. Stamps should be placed on the upper right-hand corner of the en- velope. To place them elsewhere means that they will not be canceled by the mechanical canceling machines in use in large offices, and will cause annoyance to the clerks and delay to the mail by making it necessary that they be specially canceled by hand. There should be space on the address side for all permissible notations of the postoffice, such as rating, carriers' notations for failure to de- liver, etc., and any words necessary for forwarding or return. Newspapers and periodicals must be wrapped in such a manner that the wrappers can be removed and replaced without destroying or injur- ing their inclosures. Third-class matter must be placed either under band, upon a roller, upon boards, in a case open at one side or end, in an unsealed envelope, or wrapped so as to be easily examined ; or it may be tied with a string. Address cards and all printed matter in the form of an unfolded card may be mailed without band, envelope, fastening or fold. When matter is so w^rapped as to prevent examination it may be subject to the first- class rate. Stickers bearing a resemblance to postage stamps in their ordinary form, or bearing numerals, are forbidden on all classes of matter, either on the address side or on the reverse side. Stickers that have no re- semblance to stamps and do not bear numerals may be placed upon the back or reverse side of mail matter. As a matter of fact it is better not to use stickers at all. Many foreign countries forbid them alto- gether. In all cases directions for transmission, delivery, forwarding or re- turn shall be deemed a part of the address. POSTAL SERVICE. 695 Upon matter of the third class the sender may write his own name, occupation, residence, or business address, preceded by the word *'From," and may make marks other than by written or printed words to call attention to any word or passage in the text, and may correct any typographical errors. A simple manuscript dedication or inscription not of the nature of personal correspondence may be placed upon the blank leaves or cover of a book, or photograph, or printed matter. Also, on third class or parcel post, on the package, wrapper or envelope, or on the tag or label attached thereto, there may be placed either in writing or other- wise the words ''Please do not open until Christmas," or words to that eftect. Post mail early; three or four times a day at least. Put a return address on everything. Keep large mailings faced. If addressed from mailing lists, tie them up in towns, using twine or rubber bands, or envelope boxes. If made up from the register of voters, tie them up in precincts. Bring large mailings to the nearest regular station. It delays them, and other mail, to crowd them into street letter boxes. Do not use too much moisture in sealing envelopes or they will stick together, and will be missent. A large percentage of the cases of mis- sending and of delay are due to the fact that the envelope has adhered to another, oozing paste, and has gone to the address on the upper envelope before being separated. Use standard size envelopes unless their use is impossible. Window Envelopes. — Mail may be inclosed in window envelopes when they conform to the following conditions : The window shall be not larger than 5I/2 inches by 1% inches, and must not occupy any space within 1% inches of the top or % of an inch from the bottom or ends ; the windows shall not be colored and shall be made or located so as to be as transparent as possible. (These two provisions will be effective January 1, 1914.) Window envelopes must bear the return cards of the senders ; a complete address must be exposed, and the address must be legible or the envelopes will be laid aside for treatment after the dis- position of other mail. Should the address not be legible on close scru- tiny the envelopes will be returned to the senders. Nothing but the address should show through the window. To insure legibility in the address the inclosure should be of white paper and the address should be written or printed in black ink or typewritten with an unfaded ink ribbon so there will be a strong con- trast between the inclosure and the address. Letters Opened by Mistake. — A letter that has been opened inad- vertently or upon a wrong delivery should be indorsed ''Opened by Mistake," with the name of the one so opening it. Such letters may be returned to the writer without additional charge of postage when they bear a card or return request. Postmasters are not allowed to open letters to ascertain the name and address of the writer. Unmailable Matter. — Unmailable matter includes all matter which is by law, regulation or treaty stipulation prohibited from being trans- 696 HILLYER^S LEGAL MANUAL. mitted in the mails, or by reason of inelisfible, incorrect or insufficient address, it is found impossible to forward to destination. Unmailable matter is divided into the following classes: a. Matter which is insufficiently prepared to entitle it to be dis- patched in the mails. b. Matter without address or so incorrectly, insufficiently or ineli- gibly addressed that it cannot be transmitted to its destination; c. Matter which from its harmful nature is forbidden to be in the mails. Among these are poisons, explosives or inflammable articles, vinous, spirituous and malt liquors ; and matter liable to decomposition. (See Parcel Post — Unmailable). d. Obscene matter. This embraces every obscene, lewd or lascivious, and every filthy book, pamphlet, picture or paper, writing, print, or other publication of an indecent character; every article or thing de- signed or intended for the prevention of conception or to procure an abortion; every article or thing adapted or intended for any indecent or immoral use; every written or printed card, circular, book, pam- phlet, advertisement or notice of any kind giving information, directly or indirectly, where, how% or from whom, or by what means any of the hereinbefore mentioned matters, articles or things may be obtained or made. It will be noted that this matter is unmailable whether sealed or exposed to view. e. Every letter upon the outside of the envelope of which, or postal card upon which, or any outside cover or wrapper upon which indecent, lewd, obscene or lascivious delineations, epithets, terms or language, may be printed or written ; or upon which there is anything written or printed of an obscene, libelous, insulting, scurrilous, defamatory or threatening character or calculated by the terms or language or style of display and obviously intended to reflect injuriously upon the char- acter or conduct of another. It will be noted this refers only to such matter as is unsealed or exposed to view. f. Letters and circulars known to be concerning lotteries, so-called gift concerts or similar enterprises offering prizes, or concerning schemes devised or intended to deceive and defraud the public for the purpose of obtaining money under false pretenses. g. Publications violating copyrights granted by the United States. h. Postal cards or letters bearing upon their outside evidence of being a request for a past due account ; otherwise, dunning letters or cards. Cards calling for accounts due in the future, such as statements, notices of dues for fraternal orders, etc., before due and delinquent, are permissible. Card notices of suit containing the names of both parties and the date of trial, are mailable. i. Cards bearing particles of glass, metal, mica, sand, tinsel, or other similar substances, are unmailable except when inclosed in envelopes or when treated in such manner as w^ill prevent the objectionable sub- stances from being rubbed off or injuring persons handling the mails. This applies also to all classes of mail matter as well as to post cards. POSTAL SERVICE. 697 j. Lotteries, and all matter pertaining to them, are prohibited. This includes newspapers that advertise lotteries, or run news accounts of lotteries, or lottery drawings. This prohibition, however, has so far been confined only to newspapers offered for transportation through the mails — the mailing editions. The postoffice does not interfere with edi- tions that are sold on the street, delivered by carrier or transported by means other than the mails. k. Collection agency mail bearing any evidence of its character, ex- cept a single return card of the regulation size, is prohibited ; and even when otherwise not objectionable, if the envelope be of lurid or con- spicuous color, it is unmailable. It has been held that an envelope bearing an eye over the collection agency's return card, also shackles and chains, and the representation of a prison cell, is unmailable. Also the Department has ruled that a collection agency's return card must not be printed on an envelope in a manner unnecessarily conspicuous or in a type larger than ordinarily used for a return request. Lotteries. — A lottery is a contest or an opportunity to win a prize, the prize being awarded in any manner in which chance is an essential element, or in which there is any uncertainty, either as to who will win, or what particular prize will be won by any particular contestant. This includes all guessing contests, raffles and drawings or contests where a matter of judgment may supply the element of chance, as in limerick or poetry contests. Card parties, where prizes are awarded, and where a fee for entrance or for play is charged, are lotteries. Endless chain enterprises designed for the sale or disposition of mer- chandise or other things of value are held to embrace the elements of a lottery, also they are held to be fraudulent. It has also been held that an endless chain prayer, containing a threat of retribution should the chain be broken and the prayer not continued, is unmailable. Fraud Orders. — Fraud orders are issued by the Postoffice Department against any person or firm using the mails for an illegal purpose. Mail addressed to a person or firm against whom a fraud order has been issued will not be delivered. It will be returned to the sender marked "Fraudulent," or in default of a return address it will be sent to the Dead Letter Office in Washington, D. C. Money orders drawn in favor of such persons or firms will not be cashed for them. Advertisements of persons or firms against whom a fraud order has been issued will not be permitted in newspapers car- ried through the mails. Rulings. — Postmasters are not allowed to give any opinion or ruling as to the mailability of any matter under these regulations. Matters of this kind must be taken up with the Postoffice Department. Delivery of Mail. — The aim of the postal service is to deliver mail, not to hold it, so it is deemed that as soon as a letter is placed in the care of the service the addressee has a definite right to have it deliv- ered to him, and a good reason must be assigned before delivery to 698 him or his accredited representative can be prevented. Therefore, regulations are to be construed with a view to facilitate delivery rather than to hamper it. It is the treneral rule that the responsibility of the postoffice ceases when mail is delivered as addressed or at the place of usual delivery. Regulations Governing Delivery. — In general, the regulations gov- erning delivery are as follows: To Individuals. — Mail is supposed to be delivered to the person ad- dressed, or to someone known to be a responsible agent for him, such as a relative, a known servant, someone in possession of his residence or place of business, or someone bearing his written order or evidence of authority to act for him. In Care. — Delivery may be made either to the addressee or to the one in whose care the mail is addressed. An address "in care of" does not of itself give the right to open mail by the one in whose care it is addressed. To Husband and Wife. — Neither husband nor wife can control de- livery of mail addressed to the other. When so instructed, the post- master must refuse to deliver letters to the husband which are addressed to the wife, or those to the wife which are addressed to the husband. In the absence of instructions to the contrary, the wife's letters may be placed in the husband's box or delivered to him with his own letters unless they be known to live separately. To Minors. — Where minor children reside with their parents, the father, or if he be dead, the mother generally is entitled to direct the disposition of mail matter addressed to such minors, and unless the minors be under guardianship, may authorize another to receive mail matter addressed to them, although they be not residing with the parent ; and postmasters will deliver mail accordingly, requiring direc- tions in writing if deemed necessary. In the absence of directions from the parent or guardian, or one authorized to control a minor, mail matter may be delivered to such minor. When a minor is not depend- ent upon a parent for maintenance and support, and does not reside with a parent or guardian, he has the right to control his own corre- spondence. To Students. — At colleges and similar institutions where students have been placed in charge of the principal by their parents or guard- ians, and where the rules of the institution provide that the principal shall have control of mail addressed to such students as are minors, delivery will be made in accordance with the order of the principal. If, however, the principal has no authority from the parent or guardian to control mail of the children placed under his care (which authority is understood by an acceptance of the rules, that being one), the deliv- ery must not be made to the principal against the wishes of the scholar. For Deceased Persons. — Mail addressed to a deceased person must be delivered to his legal representative. In default of such, delivery may POSTAL SERVICE. 699 be made to a surviving husband or wife unless there be other claim- ants, in which case the matter must be referred to the Department. Mail addressed to a deceased minor may be delivered to the parent or guardian, or if there be such, to the surviving husband or wife. In Apartment Houses.— Mail will be delivered to private mailing boxes in an apartment house, or to some responsible person on the lower floor, who will accept and care for all mail coming to the house. It will not be delivered above the first floor. In Hotels. — Mail is considered properly delivered when left at the hotel office. In Dispute. — When mail is claimed by more than one addressee, it is *'in dispute." The postmaster will then refuse to deliver such mail to anyone, but will hold the mail pending the appointment of a disin- terested party by the disputants, to whom the mail can be delivered and w^ho will turn it over to the proper party. In default of the ap- pointment of such disinterested party within thirty days, he shall mark *'In dispute" all mail received for the disputed address, such mail as bears a return address being returned to the senders, and the remainder being sent to the Dead Letter Office. Also, a statement of the case will be submitted to the Postoffice Department for decision, or the post- master will await the decision or order of a court. As Addressed. — In all cases of dispute or similarity of name, where more than one address is involved, the address shall govern, and mail shall be delivered at the street number to which it is addressed. Thus mail in dispute, addressed to a certain firm indefinitely, that is, not to street and number, shall not be delivered except as set forth, but when each disputant shall establish a street address of his own, mail ad- dressed to such street address is presumed to have been intentionally so addressed, and will be delivered to the street address it bears. To Business Firms. — Mail for a business firm may be delivered at the office of the firm or to anyone apparently in charge. It may be deliv- ered to any officer of a corporation, or to any partner in a copartner- ship. Its delivery may be controlled by any officer of a corporation, entitled to use the seal, generally the president or secretary, or both, or by any member of a copartnership. By Title. — When addressed to "President," ''Secretary," ''Superin- tendent," etc., it will be delivered to the person holding that office at the usual place of delivery, regardless of the name of the person ad- dressed. To Agents. — Mail addressed to persons as agent will be delivered to the person holding such position when the agency is of some public matter or of the business of some corporation, but not when the agency is merely of an individual or firm. Priority of Name. — In case two firms of the same or similar names, claim mail addressed by name only, it shall be delivered to the one longest using the name in question. 700 hillyer's legal manual. To Receivers or Assignees. — Mail will be delivered to the assignee or receiver of a firm, corporation or individual when the instrument of assignment authorizes such delivery, and a copy is filed with the post- master; or when the order of court appointing such receiver directs him to receive it ; or when the assignor consents that he shall receive it ; or when the assignor has not resumed business under the same name, so that he may have correspondence not relating to business or property under assignment; or when the receiver has been appointed to take charge of, continue, or wind up the business of an existing corporation. Mail matter addressed to a firm or person under assignment shall be delivered to the assignor when it reasonably appears that the matter does not relate to the business assigned ; or when the assignor has not consented to the delivery to the assignee ; or when the order of court directs that it shall be delivered to the assignor. On Agreement. — When parties interested in mail matter agree as to its delivery, and instruct the postmaster as to whom he shall deliver it, he will deliver accordingly until his instructions have been changed by mutual consent of the parties, or until instructed to do so by order of court. Under Sale. — Where a business is sold, delivery of mail will be made according to the agreement entered into by the parties. In default of such agreement, the postmaster will make delivery according to the directions of the vendor, or the plain provisions of the contract of sale, but he must not construe contracts or determine rights. In the absence of directions by the vendor, or any provisions in the contract of sale, delivery will be made to the addressee. The authority of the vendee to receive mail is not revocable by the vendor if there be a right to the mail in the vendee. On Order. — Any number of persons may employ an agent and give him a written order on the postmaster for their mail. Mail for such parties and mail addressed in care of such parties will be delivered to the agent named, responsibility of the postmaster ceasing on such delivery. Under Suit. — Where mail is the subject of suit, the postmaster will deliver it according to the decree of the court. To Fictitious Addresses. — Mail addressed to fictitious- persons or firms, to initials or to no particular person or firm, unless directed to be delivered at a designated place as a postoffice box, street and number, or to the care of a certain person or firm within the delivery of the postoffice cannot be delivered. Whenever a postmaster has reason to believe that a street or number, designated place, box or address in care of another, is being used by anyone for conducting under a fictitious address, correspondence forbidden circulation in the mails, he must at once report it to the Postoffice Department. A person engaged in a legitimate business may adopt a business name and when duly identified may receive his mail, registered or ordinary, by that name as well as by his proper name. POSTAL SERVICE. 701 To Diseased and Infected Houses. — Mail matter addressed to houses containing cases of contagious diseases may be sent to the addressees by the hands of some responsible person known to the postmaster. He will refuse to receive mail from such houses. Sunday Delivery. — By act of Congress postoffices are closed on Sun- day except for special delivery mail and mail for hotels, newspapers and newspapers for news agents. Also, under certain circumstances the general public may get mail by making application therefor. In making this application, the postoffice of origin must be given and the letter described as closely as possible so that it can be found in the mails with the least possible expenditure of time. The application for Sunday mail must be accompanied by a special delivery stamp for each piece of mail desired. This stamp will be affixed to the piece of mail and it will be delivered by special delivery messenger as addressed or to any address that may be given for delivery in the request for Sunday mail. These requests for Sunday mail must be indorsed ''Application for Sunday mail" so that they may be readily found in the mail for the postmaster and may not lie over until the following Monday if his office be closed on Sunday. Also, they should be in the postoffice early Saturday evening in order to give the clerks ample time in which to locate the mail and prepare it for delivery. This applies to box hold- ers and general delivery patrons as well as to patrons served by carrier. Debtors' Mail. — A postmaster has no right to withhold the delivery of mail on the ground that the addressee is indebted to him. Prisoners' Mail. — A letter addressed to a person imprisoned to await trial upon indictment or pending indictment should be delivered in accordance with the order of the person addressed. In the absence of an order the mail may be delivered to the sheriff or officer having charge of the prisoner. To Several Persons. — Mail matter addressed to several persons may be delivered to any one of them. Methods of Delivery.^— There are five ways in which the Postoffice Department effects delivery of mail. These are : Free delivery (by city carriers) ; special delivery (by special messengers) ; general delivery, box delivery, and delivery on rural routes by rural carriers. Free Delivery. — ^Free delivery is the term applied by the Department to the delivery of mail by city carriers. Under the regulations, letter carriers shall be employed at every incorporated city containing a population of 50,000, and they may be employed at other cities or to\vns containing a population of not less than 10,000, or at any postoffice which produced a gross revenue for the preceding fiscal year of not less than $10,000. Applications for the establishment of free delivery should be ad- dressed to the First Assistant Postmaster General. They should give the population of the city according to the last United States census, and the gross revenue of the office for the preceding fiscal year. It is also required that the streets upon which the carriers will be employed 702 HILr.YER's LEGAL MANUAL. shall be graded and lighted, that there shall be good sidewalks; that the houses shall be numbered and the names of the streets posted up, and that mail receptacles shall be provided, or slots shall be cut in the doors, so that delivery may not be delayed. Letter-carriers. — Carriers are assigned to definite routes and fixed schedules. They may not deviate from either. Their hours of work are limited to eight, and these eight must be completed within ten hours from the time they report for duty. They are forbidden to loiter or lose time on their routes, to enter houses, except places of business and then they may go only a reasonable distance from the entrance, and must not go above the street floor. They are not allowed to give in- formation about mail or addresses. They are responsible for the exer- cise of all due and reasonable care in the delivery of their mail, and they are expected to use discretion in the case of evident mistakes. They may purchase stamps and register mail for patrons on their routes when to do so will not unduly delay them or interfere with the service on their districts. They are not compelled to enter where vicious dogs are kept, or where there is contagious disease. They are expected to be civil, prompt, courteous and obliging at all times. The service will protect them from insult and assault by statutes that provide a fine and im- prisonment for the offender. They are not allowed to put mail under a door unless written instructions have been given to that effect. They are not allowed to deliver mail to patrons when meeting them on their routes. They are supposed to deliver all mail at a known place of business or residence. Unless there is a private mailing box or a slot in the door, or written orders have been given to slip mail under the door, and this is possible, a carrier on finding a place closed will return all the mail for that address to his station and take it out again on a subsequent trip. If in doubt, he will insist on proper identification before delivering mail. A definite address will generally govern his delivery of mail, but need not do so if he has reason to suspect error. Special Delivery. — Special delivery is furnished at all offices and will insure the delivery of mail immediately upon its receipt. At offices not free delivery offices, special delivery will be made at any point within a mile of the postoffice. At free delivery offices special delivery service will be given to any point within the delivery of the office. By regulation the hours of special delivery are set at from 7 A, M. to 11 P, M., 11 P. M. being the closing time of the special delivery office and not of the special delivery of letters. All letters arriving before 11 P. M, will be delivered that night. Special delivery service is given for a fee of ten cents in stamps, either the special delivery special stamp or ordinary stamps, these in addition to the necessary postage on the mail. Should ordinary stamps be affixed to the mail matter it is neces- sary to indorse it ''Special Delivery"; otherwise the extra fee will be taken as an intention to register the piece and it will be registered. The fee for special delivery gives the piece but one attempt at such delivery. If for any reason the attempt at special delivery fails, the POSTAL SERVICE, 703 piece will be placed in the ordinary mail and be delivered by carrier or general delivery, as the case may be, as soon as possible. Special delivery mail forwarded before special delivery treatment has been given it, will be delivered by special delivery at the office to which it has been forwarded. If given special delivery at the office of address it will not be given special delivery treatment elsewhere. The signa- ture of the addressee or his agent or some responsible person who will deliver it to him is a necessary part of the delivery of special delivery mail. (See Sunday Delivery.) Box Delivery. — The use of a box is restricted to the renter thereof and those connected with him in a family or business way. Mail addressed to members of the household of a box-holder, includ- ing visitors, servants, and transient and temporary boarders, or in his care, and mail for confidential or official employees may be placed in his box. A firm renting a box may have placed therein all mail addressed to its name and mail addressed to any of its official employees. By the con- sent of all the members of a firm, any member thereof may have mail addressed to himself or members of his family deposited in the box assigned to its use. Where a box is rented by a corporation, association, or society, mail for its officials. may be placed therein. Mail matter addressed to students and employees at a college, semi- nary, or school, who board therein, or to inmates or employees of any public institution, may be placed in the box rented by such college, school, or institution, if consistent with the usage and rules thereof. Mail addressed to guests or transient boarders at a hotel or board- ing house, should be placed in the box assigned to such hotel or house, or to the proprietor thereof. Mail addressed to merely the number of a box may be delivered to the holder thereof so long as no improper or unlawful business is con- ducted in this manner. Bills and circulars must not be placed in boxes by postmasters for themselves personally, or anyone else, without payment of regular postage thereon. Postmasters may hand out mail from lock boxes or drawers where the holder or such person as ma}^ be authorized to take the mail has for- gotten the key or cannot open the box and when such applicant is known or can be identified. Postmasters will keep careful scrutiny over the list of box-holders in order that a box be not used for an unlawful purpose. A postmaster will require identification of an applicant for a box and will make care- ful inquiry as to the nature of his business. The locks on all boxes surrendered, when locks are used, are changed before the boxes are rented again in order that the new box-holder may be protected from the use of any keys the former box-holder may have retained in his possession. 704 hillyer's legal manual. General Delivery. — General delivery is the most uncertain method of delivering mail and, in a free delivery office, should not be resorted to except under the most exceptional circumstances. When callers are not known they must be prepared to identify them- selves. Rural Routes. — Rural routes are established on petition of those pa- trons living along or near the roads over which it is desired the route shall operate. A route of twenty-four miles or more should have one hundred families upon it, and one of a shorter length should have a proportionate number of deliveries. The road over which the route is to be established must be in good condition, free from gates (except automatic gates) and must be bridged over every stream not fordable at all ordinary seasons. Service will generally be performed daily ex- cept Sundays, but may be reduced to a tri-weekly service when the number of patrons or a decrease in the amount of mail handled makes such reduction advisable. All routes must start from a postoffice. Persons living within a quarter of a mile of a postoffice from which a route starts will not be given service on the route unless by specific instructions from the Department. When such postoffice is an incorpo- rated city or town rural delivery will not be established within the limits of that town. Persons residing within the corporate limits of a city where free delivery is in operation may be served by rural carrier. All persons served by rural carriers must place boxes of an approved design — weatherproof and properly safeguarded against depredations. Rural delivery is governed by the same rules as govern other deliveries. Undelivered Mail. — Mail matter found undelivered at the address on the envelope is placed in the general delivery and held there a certain length of time awaiting possible request for it. At the end of that time first-class mail is advertised, a fee of one cent being charged for such advertisement upon delivery of the mail. Lists of advertised letters are kept on view at all postoffices. First-class mail remaining undelivered after advertisement is sent to the Dead Letter Office at Washington, D. C, where it is opened and if the contents furnishes in- formation as to the address of the sender it is forwarded to him for delivery. Undelivered matter of the second class is destroyed or under a recent ruling of the Postoffice Department, in the case of magazines or newspapers of general interest, it may be given to charitable institu- tions, hospitals, etc., the publisher being notified that the address to which it is coming is an undeliverable one. Undelivered mail matter of the third class, unless of obvious value, is destroyed. If of obvious value and it bears the address of the sender, or even if not of obvious value and it bears the address of the sender with a guarantee to pay return postage, the sender will be notified that it is being held and it will be handled according to his order. Return of Mail to Sender. — Undelivered matter of the first class (ex- cept single postal cards and post cards) bearing the name and address of the sender without a return request specifying the number of days, POSTAL SERVICE. 705 will not be advertised but will be returned to the sender at the expira- tion of five days if intended for delivery by city or rural carrier, ten days if intended for general delivery service at an office having city carrier service, fifteen days from offices not having city carrier service unless intended for delivery by rural carrier. If the mail bears a stated number of days in which the sender desires return (not less than three days being allowed), the mail will be re- turned at the expiration of that time. Unpaid, misdirected, unmailable and unclaimed domestic postal cards and post cards, deposited for local delivery, shall be returned to the sender when they bear his card address. All other undeliverable domestic cards shall be held for reclamation two weeks and then, if not delivered, shall be destroyed. Undeliverable postal cards and post cards of foreign origin shall be sent to the Dead Letter Office. Undeliverable matter of the second and third classes may be returned, but only after the postage for such return shall have been paid. The rate of postage for the return of third-class matter is the same as that chargeable when it was first mailed. For second-class matter, it is one cent for every four ounces or fraction thereof. An unclaimed letter bearing the card of a hotel, school, or college, or other public institution printed upon the envelope as an advertisement, will not be returned unless the card include a definite printed or writ- ten request for a return. Backstamping. — Backstamping to show the time of receipt of mail for delivery has been discontinued. It has been found that the time consumed in such work is not compensated by the benefits accruing. Collection of Mail. — The collection of mail is made from street boxes and from chute boxes in large buildings. It is governed by regulations that aim to cut down as low as possible the interval of time between the collection of the boxes and the deposit of the collection in the dispatch- ing office. The collector, therefore, is not allowed to loiter, lose time, or deviate from his route or schedule. Collectors may accept mail for dispatch handed to them in the street if it does not overload or delay them. They are forbidden to give any information regarding the mail which they collect, and are not allowed to give back to any one mail claimed to have been wrongly posted or addressed. They may inform an inquirer what time the mail from a particular box will reach the dispatching office, and may receive such a description of wrongly posted or misaddressed mail as will enable them to identify the mail at the dispatching office, should they take it in themselves, and so be able to hand it to some one in charge with the . least delay. They may not go further than this. Mail Boxes. — Mail boxes are for the use of the public generally. They are not supposed to be used by any single person or firm to the ■exclusion of others. Large mailings must, therefore, be distributed among several boxes, or must be taken to the nearest regular station. 45 706 hillyer's legal manual. Mail boxes are placed wherever necessary, but with a due regard for the service in the vicinity and at large, and for the facility of collec- tion. A postmaster will not place a box in such a location as will cause unwarranted delay to the remainder of the collection route. Mail placed outside of a mail box is not in the care of the postoffice and the postmaster is not responsible for it. Such mail should be brought to the nearest regular station. Mail Chutes. — Mailing chutes and receiving boxes may be placed, subject to the approval of the postmaster, in public buildings, railroad stations, hotels of not less than five stories in height, business or office buildings of not less than four stories in height, and apartment houses comprising not less than fifty residential apartments. Buildings in which receiving boxes are or shall be located shall be open to the gen- eral public, without restriction, at all times during the hours prescribed for mail collections, in order to afford access to such receiving boxes for the deposit of mail matter therein. No receiving box with which a mailing chute is connected should be placed more than fifty feet from the main entrance of the building in w^hich located; and if in the judgment of the postmaster the efficient handling of the mails requires the placing of such box nearer to such entrance, it shall be so placed, and at such point as he may direct. No receiving box shall be placed elsewhere than on the ground floor of any building. Every mailing chute shall be made wholly of metal and glass, and so constructed that all portions of its interior may be easily reached by postal authorities, but not by other persons. It shall extend in a con- tinuously vertical line from the point of beginning to the receiving box, and be so placed as to be conveniently accessible throughout its entire length. In no case shall a mailing chute be placed behind an elevator screen or partition, or run through any part of a building to which the public is denied access. Authority to permit the installation of mailing chutes and receiving boxes conforming to these regulations is vested exclusively in the post- master. To him shall be submitted the contract and specifications for any proposed chute and box, with a plan of the building showing the contemplated location therein of the whole of such chute and the box connected therewith. If the postmaster approve such contract and specifications, and the location proposed, he shall indorse his approval upon such contract, and make report of his action to the Postoffice Department. Forwarding of Mail. — Letters prepaid at one full rate (two cents), parcels fully prepaid at the first-class rate, postal cards, private mailing cards (post cards), and official matter, may be forwarded from one post- office to another without additional charge. Mail matter of the third class and parcel post mail may be remailed or forwarded, but not until there has been prepaid additional postage thereon at the same rate at w^hich the matter was originally mailed. Prepayment must be made every time the matter is reforwarded. mi \ POSTAL SERVICE. 707 Matter of the second class (newspapers and magazines) may also be forwarded or remailed, but at the rate of one cent for each four ounces, or fraction thereof, prepaid. The changing of a street number to secure delivery at the postoffice of address is not regarded as forwarding and does not subject matter to additional postage. Requests to forward mail matter made by any other person than the addressee, or his lawful agent, or the person in whose care the matter is addressed, will be disregarded. The husband of addressee will be pre- sumed to be her agent when she has not directed her mail to be with- held from his control. A direction may be changed and matter reforwarded upon request as many times as may be necessary to reach the addressee. The address on all missent matter, which by the aid of a street direct- ory or other reliable books of reference it is reasonably certain can be delivered at another office, will be corrected and forwarded to such office. Mail received by a postmaster under cover with a request to post such mail in his office for delivery or for forwarding elsewhere, will be stamped, ''Received at under cover from the postoffice at " The stamps will be canceled and the mail forwarded in the ordinary manner after such indorsement. Registry of Mail. — Valuable matter may be registered for a fee of ten cents, paid by the special registry stamp or in ordinary stamps, this in addition to the necessary postage on the mail. Registered matter is sent through the mails in special equipment and is receipted for as it passes from hand to hand. A return receipt will be given to the sender if the registered piece upon being registered is indorsed ''Return Receipt Requested." Registered mail addressed "Deliver to Addressee Only" will be so delivered or returned to the sender. If no special directions be given the registered piece will be delivered as addressed, if possible, or if not, to some one known to be responsible or to be the agent of the addressee. House servants are not considered agents for the purposes of delivery. Registers will be delivered to anyone upon the order of the addressee unless such piece is indorsed "Deliver to Addressee Only." An indemnity of a maximum of $50 or the value of the parcel will be paid for loss, damage, or destruction to a register upon proper proof of loss. Registers may be forwarded upon the order of the addressee or upon the order of the sender. They must bear in addition to a legible and complete delivering address the name and address of the sender. Registered mail is subject to all regulations that apply to the mail- ability of ordinary mail. Withdrawal of Mail. — Mail matter may be withdrawn by the sender before dispatch from the office of mailing by making proper identifica- tion of himself as the sender, and of the particular piece of mail to be 708 hillyer's legal manual. withdrawn to the postmaster, who will then withdraw the piece of mail and return it to the sender, taking his receipt for it. After dispatch from the office of mailing, a piece of mail may be with- drawn upon telegraphic or mailed instructions of the postmaster at the office of mailing to the postmaster of delivery, or to the railway mail clerk who may handle the mail in transit. If by telegraph, the appli- cant for withdrawal must pay all expenses at the commercial rate, but the telegram must go over the name of the dispatching postmaster. The same is true in the case of a request for withdrawal sent by mail. The same identifications are required as in withdrawing mail before dispatch. Mail withdrawn will be returned to the postmaster at the office of dispatch for delivery to the sender. POSTAL SAVINGS SYSTEM. Purpose. — The Postal Savings System has been established to provide a safe depository for savings too small to be offered to a savings bank or held by persons that wish government protection for what money they have accumulated. Depositories. — Postal savings depositories have been established in all postoffices of any size, and in the larger offices the system has been extended to the stations as well. Opening Accounts. — No deposit of less than a dollar is received, nor is an account opened for less than a dollar. To provide a means for smaller savings a system of stamps and cards has been established, and these are kept on sale at all postal savings offices, and the stations attached to them. A postal savings card is sold for ten cents. This card bears nine spaces in each of Avhich may be placed a postal savings stamp that may be purchased for ten cents, the card and the nine stamps representing a possible saving of one dollar. This card and the nine stamps attached will be accepted at any postal savings depository either as a deposit of one dollar on an account already opened, or for the opening of a new account. Deposits. — Deposits are limited to one hundred dollars a month, and the total account allowed to stand in any name is five hundred dollars. The matter of increasing the limit of deposit at any one time or in any month, as well as the limit of five hundred dollars on any account, is now under consideration by the Postoffice Department. Bond System. — It is possible to increase the amount in the care of the government, however, by taking advantage of the postal savings bond system. These postal savings bonds are issued in amounts of twenty, fifty, one hundred and five hundred dollar denominations. Twice a year, in January and in July, these bonds are issued, and anyone may transfer his savings into bonds on application to his depository, the actual transfer being made in Washington, D. C. It is apparent there- fore that while an account may be limited to five hundred dollars, by taking advantage of the bond system there is practically no limit to the amount a person may have on deposit with the government. POSTAL SERVICE. 709 Form. — Postal Savings bonds are redeemable at their face value at any time by submitting them to the Postal Savings Department at Washington through any depository. They are issued in the form of coupon bonds or registered bonds. The registered bond may be as- signed and is valueless to anyone but the original ov^ner unless prop- erly assigned. A coupon bond may be realized upon by the holder. Interest. — Interest on bonds is paid at the rate of two and one-half per cent. Interest on deposits is paid at the rate of two per cent. In- terest on deposits is payable annually, that is one year from the first day of the month following the deposit. It is not compounded unless drawn and redeposited. Certificates. — Under the United States Postal Savings System no pass- books are used. Each deposit is represented by a certificate or certifi- cates, each of a fixed denomination. Certificates are issued in denom- inations of one, two, five, ten, twenty, fifty and one hundred dollars. In issuing certificates for a deposit a clerk must issue the smallest number of certificates that will properly cover the deposit. These cer- tificates may be cashed at any time at the office of deposit, and if the depositor is not within the jurisdiction of the office where his deposit is being carried, a means is provided whereby he may cash his certifi- cates by mail by application to the postmaster within whose jurisdiction he may be at the time. The redemption of the certificates however must be made through the office of deposit, so sufficient time for the transaction to be completed by mail must be allowed for. Amount Withdrawn. — Any amount in even dollars up to the limit of a deposit may be withdrawn at any time. A portion of the amount of any certificate in even dollars may be withdrawn, the difference being covered by the issue of a new certificate or certificates for the proper balance. Anyone may Open Account. — Anyone over ten years may open an account in a postal savings depository, and when opened such account is under the absolute control of the person in whose name it stands. A wife's account is independent of the control of a husband; a minor's account is independent of control of parent or guardian. An account must be opened by the depositor in person unless his presence is im- possible ; under such circumstances a means has been provided by which he may open an account by mail. Deposits and Withdrawals, How Made. — Deposits and withdrawals must be made in person, but if this be impossible a means has been pro- vided by which both deposits and withdrawals may be made by mail. Transfer. — Accounts may be transferred from the main postoffice in a city to any of its stations by making application for such transfer, but under present regulations it must be withdrawn and redeposited to transfer an account from one postoffice to another. Legal Process. — A postal savings account is not subject to any legal process whatever except the final decree of a court of competent juris- diction. It is not subject to attachment or garnishment of any kind, 710 hillyer's legal manual. nor in the case of the death of the depositor can it be controlled by his executors or his heirs unless under order of court. Security for Payment of Deposits.— The faith of the United States government is pled^^ed in security for the payment of deposits in the Postal Savings System, and any money in the possession of the govern- ment may be used for such payment should it be necessary to meet demands. MONEY ORDER SYSTEM. Purpose. — The United States Money Order System has been estab- lished for the transportation of money through the mails. The system may be divided into two parts — the domestic and the foreign. Money Orders on the Domestic Forms. — Money orders on the domes- tic forms and at the domestic rate of fees may be issued and made payable at any designated money order office in the United States (which includes Hawaii and Porto Rico) and its possessions, comprising the Canal Zone (Isthmus of Panama), Guam, the Philippines and Tutuila (Samoa) ; also in Bermuda, British Guiana, British Honduras, Canada, Cuba, Martinique, Mexico, Newfoundland, the U. S. Postal Agency at Shanghai (China), the Bahama Islands and certain other Islands in the West Indies: Antigua, Barbados, Domenica, Grenada, Jamaica, Montserrat, Nevis, St. Kitts, St. Lucia, St. Vincent, Trinidad and Tobago and the Virgin Islands. Domestic Fees.— The domestic fees are as follows : For orders from $ 0.01 to $ 2.50 3 cents 2.51 to 5.00 5 cents 5.01 to 10.00 8 cents 10.01 to 20.00 10 cents 20.01 to 30.00 12 cents 30.01 to 40.00 15 cents 40.01 to 50.00 18 cents 50.01 to 60.00 20 cents 60.01 to 75.00 25 cents 'V *' '' 75.01 to 100.00 30 cents Limit of Value. — The limit of value to each domestic money order is one hundred dollars, but there is no limit to the number of orders of this value, or orders aggregating any value, that may be purchased and sent. Where Payable. — A money order can be purchased for payment at a money order postoffice only. It cannot be drawn on a station of a postoffice nor on a place not actually a money order postoffice. Money Order Drawn upon Office Having Stations. — A money order drawm upon an office having stations may be cashed at the main office or any of its stations. Identification. — A money order may be paid on such identification as is usually required for the payment of a check. POSTAL SERVICE. 711 Indorsements. — It is negotiable to the extent of one indorsement ex- cept when the order is put through a bank, in which case it may pass through the banking system and bear as many bank indorsements as may be necessary, a bank indorsement for the purpose of effecting final payment not being considered as coming under the regulation limiting indorsements to one. A money order bearing the receipt of the payee is equivalent to a check indorsed in blank, and in general will be treated as such. As a matter of fact a money order may be treated exactly as a check is treated and in the same way may be used for the payment of bills, the settlement of accounts and for deposit in banks, both com- mercial and savings, so long as the payee is known. It frequently happens that, through ignorance of this facility in the negotiation of a money order, those holding them believe that money orders must be presented at a postoffiee for payment, and it is seldom, unless precau- tions to make themselves known have been taken beforehand, that payees can identify themselves without annoyance and trouble. It is not sufficient that the letter in which the money order was transmitted be submitted as a means of identification. A money order is seldom lost without the letter of transmittal also being lost, both falling into the hands of the finder at the same time. The postoffiee clerk paying a money order is personally responsible for the proper payment of the order, and he must make good any loss that his wrong payment may cause. Money Order Purchased but not Sent. — A money order purchased but not sent to the payee may be "repaid" to the remittitur or purchaser when presented at the office of issue under proper identification. Only the face value of the order will be repaid. The amount of the fee will be retained. Thus an order cashed at the office of issue is "repaid" and when cashed at the office of payment it is "paid." An order may be paid or repaid when the holder, remitter, payee or indorsee, is at an office other than the office of issue or the offi-ce of payment, by sending the order by mail to the proper office, the office of issue if he be the remitter and the office of payment if he be the payee or indorsee, Avith a request that a new order for the same amount, less the necessary fee for the new order, be drawn on the office in the jurisdiction of which he then resides, and payable to him. This new order will be forwarded to him and may be cashed in the usual way. The order must be prop- erly indorsed or receipted before being forwarded for this purpose. Duplicate Order. — When an order is lost application should be made to the office of issue by the remitter or to the office of payment by the payee, as the case may be, for a duplicate order. This duplicate order will be issued by the Money Order Department at Washington, D. C, after proper precautions have been taken to prevent the payment or repayment of the original order should it be found and presented for payment or repayment before or after the duplicate has been issued. A duplicate money order will be issued to either the remitter, the payee or the indorsee. 712 HILLYER^S LEGAL MANUAL. Indorsee. — The indorsee of an order stands in the same relation as the payee and may exercise all the rights of a payee. Warrant. — A money order remains valid for one year after the first day of the month following its issue. Should it be presented for payment or repayment after the lapse of that time application must be made for a ''warrant" to take its place. This application may be made at any money order office and the warrant will be issued at Washing- ton, D. C. Money Orders Lost. — Money orders are of no use to anyone but the remitter, the payee, or the indorsee, and if lost, the rightful owners will lose nothing, but will be able to recover full value through a dupli- cate, or, if a year has elapsed, through a warrant. Rules Apply to Foreign or International Orders. — In general the rules governing the payment, repayment, loss, etc., of domestic orders apply as well to foreign or international orders. Foreign Money Order. — The foreign money order system, through direct or indirect exchange, covers the transportation of money to nearly every country on the globe. International Money Orders. — International money orders may be issued and made payable in any of the following foreign coun- tries at a designated money order office: Apia (Samoa), Austria, Belgium, Bolivia, Chili, Costa Rica, Denmark, Egypt, France, Algeria and Tunis, Germany, Great Britain and Ireland, Greece, Republic of Honduras, Hongkong (China), Hungary, Italy (including San Marino), Japan, Liberia, Luxemburg, Netherlands, New South Wales, New Zealand, Norway, Peru, Portugal, Queensland, Russia, Salvador, South Australia, Sweden, Switzerland, Tasmania, Union of South Africa (which comprises the provinces of the Cape of Good Hope (for- merly Cape Colony), the Transvaal, the Orange Free State (for- merly Orange River Colony) and Natal (including Zululand), Uruguay and Victoria. International orders may also be sent to many places with which this country has no direct exchange, through other countries, information in regard to which will be given upon application. Fees on Money Orders. — The fees on money orders drawn on, or through any of the above-named countries are divided into classes as follows : When payable in or through Apia, Austria, Belgium, Bolivia, Costa Rica, Denmark, Egypt, Germany, Great Britain and Ireland, Honduras, Hongkong, Hungary, Italy, Japan, Liberia, Luxemburg, New South Wales, New Zealand, Peru, Portugal, Queensland, Russia, Salvador, South Australia, Switzerland, Tasmania, Union of South Africa, Uru- guay and Victoria: POSTAL SERVICE. 713 For orders from $ 00.01 to $ 2.50 10 cents 2.51 '' 5.00 15 cents 5.01 '' 7.50 20 cents 7.51 " 10.00 25 cents 10.01 " 15.00 30 cents 15.01 '' 20.00 35 cents 20.01 " 30.00 40 cents 30.00 '' 40.00 45 cents 40.01 '' 50.00 50 cents 50.01 " 60.00 60 cents 60.01 " 70.00 70 cents 70.01 '' 80.00 80 cents 80.01 " 90.00 90 cents 90.01 " 100.00 1 dollar When payable in or through any other foreign country the fees are ten cents on each $10 or fraction thereof. Direct Exchange. — Direct exchange is the term used to designate the system that deals directly with any particular country. Indirect Exchange. — Indirect exchange the system that deals with a particular country through the medium of another country with which the direct exchange is established. Blank Application. — In making application for a money order, either domestic or foreign, the remitter must fill out the blank application himself, and in as complete detail as possible. Postoffice clerks are not allowed to make out applications for money orders for patrons, or to assist them in any way except to give them all the information possible and such advice as the case warrants. POSTAGE AND CLASSIFICATION. Table. — The following table gives the rates of postage on first, second and third class domestic mail, with the character of each class of mail. Permissible additions to second and third class mail are treated under the head of preparation of mail. Parcel Post is treated separately. In this table is also given the features of the use of the ''permit" or privilege of paying postage on third-class matter and parcel post in money, and the use of the precanceled stamp on third-class matter and parcel post. Class. First. Bates. Two cents for each ounce or fraction thereof. Limit of weight four pounds. One cent for each ounce or fraction thereof. Limit of weight four pounds. One cent each. Includes. All sealed matter (except proprietary articles). All written matter produced by hand or typewriting, including car- bon copies. Drop letters mailed at noncarrier oflSces for local delivery, but not if delivered by rural carrier. Postal cards issued by the government and private post cards which conform to regulations. 714 HILLYER'S LEGAL MANUAL. Class. First. Second. Third. Seeds. Congressional Record. Permit Matter. Rates. Two cents each. One cent for each pound or fraction thereof. No limit to weight. One cent for each four ounces or fraction thereof. No limit to weight. One cent per copy. No limit to weight of lu.idles. Two cents per copy. No limit to weight. Free in. county. No limit to weight. One cent for each two ounces or fraction thereof. Limit of weight four pounds except for single books on which there is no limit. One cent for each two ounces. Limit of weight 11 pounds. One cent for each copy. Third Class one cent for each two ounces. Parcel Post one cent for each ounce up to four ounces. Over four ounces the parcel post rates apply. Includes. Reply postal cards issued by the gov- ernment. Newspapers and periodicals mailed by publishers and news agents to points other than place of mailing, except weekly papers, which are mailable to all domestic points at the pound rate. Pub- lications other than weeklies when ad- dressed to box or general delivery at mailing office are also mailable at the pound rate. Newspapers and periodicals mailed by others than publishers or news agents. This is the rate used by the general public. Newspapers other than weeklies (with- out regard to weight) and periodicals not exceeding two ounces in weight mailed by publishers or news agents for carrier de- livery at mailing office. Periodicals exceeding two ounces in weight mailed by publishers or news agents for carrier delivery at mailing office. Publications of the second class, one copy to each actual subscriber residing in the county where the same are printed in whole or in part, and published. Such papers, however, must not be delivered at letter carrier offices, or distributed by carriers unless postage is paid at the rate of one cent for each pound or frac- tion thereof. (The word "Newspaper" as used in the foregoing means publications issued as often as once a week, and the word "Periodical" refers to such as are pub- lished at greater intervals.) Books, circulars, photographs and other matter wholly in print, proofsheets, cor- rected proofsheets and manuscript copy accompanying the same. Also imitations of handwriting or typewriting produced by the mimeograph, multigraph or other similar process when mailed at a post- office window in lots of not less than twenty identical copies. Seeds, cuttings, bulbs, roots, scions and plants. Mailed in Washington as transient matter. If mailed by members or dele- gates to Congress, free under frank. Third-class or parcel post matter mailed in minimum lots of 2,000 identical pieces, permit having first been obtained from postmaster. POSTAL SERVICE. 715 Class. Precanceled Stamps. Official Matter. Franked Matter. Free Matter. Soldiers' and Sailors' Letters. Postal Savings System. Includes. Good for postage on transient second- class matter and third-class and parcel post packages mailed at a postoffice win- dow in lots of not less than 500 pieces at the office where precanceled. Bates. Second Class — One cent for each four ounces. Third Class — One cent for each two ounces. Parcel Post — One cent for each ounce up to four ounces. Over four ounces parcel post rates apply. Matter mailed by officers or bureaus of the Government (excepting members of Congress) relating to the business of the Government. Public documents mailed by the Vice-President, Senators or Repre- sentatives in Congress. Congressional Record or parts thereof mailed by members of Congress. Seeds sent by Secretary of Agriculture or by members of Congress receiving same from the Department of Agriculture for distribution. Also reports of that department. Correspondence not exceeding four ounces in weight (except when addressed to a government official) sent by the Vice-President, mem- bers and members-elect, delegates and delegates-elect of Congress on official business. All matter mailed by or addressed to Lucretia R. Garfield, Frances F. Cleveland or Mary Lord Harrison. Mail addressed to the Census Office, the Director of the Census, Assistant Director, Chief Clerk, Supervisor, Enumerators or Special Agents. One copy each of the annual reports required by the Secretary of the Interior and the Secretary of Agriculture from agricultural col- leges addressed to other agricultural colleges and to the Secretary of the Interior and the Secretary of Agriculture. Bulletins and reports of Agricultural Experiment Stations. Copyright matter addressed to the Register of Copyrights, Wash- ington. Letters written in point print or raised characters for the use of the blind. Books and other reading matter for the blind, containing no adver- tising or other matter sent by public institutions for the blind or by public libraries as a loan to blind readers or returned by such readers to the institutions referred to. Letters mailed by soldiers, sailors and marines when countersigned by an officer may be dispatched without postage being prepaid and only the single rate shall be collected on delivery. Matter pertaining to the business of the Postal Savings System is chargeable at the same rate as similar matter mailed by the public, except that the postage thereon, and registry fee, if any, shall be prepaid by special stamps prepared for the Postal Savings System. STAMPS AND STAMPED PAPER. Stamps. — Stamps are furnished by the Postoffice Department in the following denominations and forms : Ordinary Stamps. — One, two, three, four, five, ten, fifteen and fifty cent stamps, and one dollar and two dollar stamps. The eight and thirteen cent stamps are no longer issued and w411 become obsolete with the sale of those on hand. The same may be said of the special registry stamp. Parcel Post Stamps. — One, two, three, five, ten, fifteen, twenty, twenty-five, fifty and seventy-five cent and one dollar stamps. The 716 HILLYER^S LEGAL MANUAL. printing of these has also been discontinued, and no more will be on sale when the present supply has been sold out. Postal Savings Stamps.— Ten cent stamp and the ten cent card. Special Delivery Stamps. — Ten cent. Coils. — One, two and four cent stamps, 500 to the coil, perforated endwise and sidewise, and unperf orated ; one, two and four cent stamps, 1,000 to the coil, perforated, endwise and sidewise, and unperforated. A charge above the value of the stamps is made for the coiling, three cents for the coil of 500 stamps and six cents for the coil of 1,000. Books. — One cent stamps, 24 to the book, 25 cents. Two cent stamps, 12 to the book, 25 cents. Two cent stamps, 24 to the book, 49 cents. Two cent stamps, 58 to the book, 97 cents. Reply Coupons. — ^For five cents in the stamps of any foreign country in the Postal Union, 6 cents. Stamped Envelopes and Wrappers. — Stamped envelopes and news- paper wrappers will be furnished in sizes, denominations and prices, with or without return requests, in accordance with the following schedules: SIZE Denomi- Quality nation 2-ceiit. . . First 1-cent. . . First ]2-cent... First 2-cent... Second. . . 1-cent... First 2-cent. . . First 2-cent... Second... [5-cent. . . First. .... 2-cent. . . First 1-cent. . . First 2-cent. . . First 2-cent. . . Second. , . 5-cent... First 1-cent. . . Second . . . I 1-cent... Manila. . . 2-cent. . . First : j 2-cent... Second . . . 4-cent. . . First ' 1-cent. . . First (ung) 2-cent. . . First 4-cent. . . First 2-cent. . . First. \ 4-cent. . . First 2-cent. . . First (1-cent... First 12-cent... First fl-ceht... 2-cent... Manila. . . Manila. . . 1-cent... First 1-cent. . . Second. . . 2-cent. . . First 2-cent. . . Second. . . 2-cent. . . First \2-cent... Second. . . COLOR 1000 100 25 10 6 2 $20.92 $2. 10 $0.53 $0.21 $0.11 $0.05 10.92 1.10 .28 .11 .06 .03 20.92 2.10 .53 .21 .11 .05 20.80 2.08 .52 .21 .11 .05 10.96 1.10 .28 .11 .06 .03 20.96 2.10 .53 .21 .11 .05 20.84 2.09 .53 .21 .11 .05 50.96 5.10 1.28 .51 .26 .11 21.00 2.10 .53 .21 .11 .05 11.00 1.10 .28 .11 .06 .03 21.00 2 10 .S3 .21 .11 .06 20.88 2.09 .53 .21 .11 .05 51.00 5.10 1.28 .51 .26 .11 10.88 1.09 .28 .XI .06 .08 10.72 1.08 .27 .11 .06 .03 21.44 2.15 .54 .22 .11 .05 21.24 2.13 .54 .22 .11 .05 41.44 4.15 1.04 .42 .21 .09 11.56 1.16 .29 .12 .06 .03 21.56 2.16 .54 .22 .11 .05 41.56 4.16 1.04 .42 .21 .09 21.72 2.18 .55 .22 .11 .05 41.72 4.18 1.05 .42 .21 .09 20.88 2.09 .53 .21 .11 .05 11.04 1.11 .28 .12 .06 .03 21.04 2.11 .53 .22 .11 .05 10.72 1.08 .27 .11 .06 .03 21.24 2.13 .54 .22 .11 .05 11.08 1.11 .28 .12 .06 .03 10.96 1.10 .28 .11 .06 .03 21.08 2.11 .53 .22 .11 .05 20.96 2.10 .53 .21 .11 .05 21.08 2.11 .53 .22 .11 .05 20.92 2.10 .53 .21 .11 .05 No. 1— 2J^x5M... No. 2—Z}ix5H... No. 3— 3^x5%... No. 4— 3^x5%.. . No. 5— 3Kx6i\ . . . (The size most used) No. 6— 3Hx6,V... (Ungummed) No. 7— 3Kx8K... No. S—AVsxdH . . . No. 9— 4^x10^.. No. 10— 3i«,x45^.... No. ll^Jix5M . . . No. 12—5^x103^ . . No. 12.A-8 xl2 (Newsi^aper Wrappers) No. 13— 3Mx6M , . . No. 14— 35€x6iV... White only White or amber. . White or amber . . Buff or blue . . . . . White or amber . . White or amber . . Buff or blue White or amber. . White or amber . . White or amber . . White or amber . . Buff or blue White or amber. . White only Manila. White or amber . . Buff or blue White or amber. . White or amber. . White or amber. . White or amber . . White or amber . . White or amber . . White only White only White only Manila Manila White or amber . . Buff or blue White or amber. . Buff or blue White or amber . . Buff or blue $0.03 .02 .03 .03 .02 .03 .03 .06 .03 .02 .03 .03 .06 .02 .02 .03 .03 .05 .02 .03 .05 .03 .05 .03 ,02 .03 .02 .03 .02 .02 .03 .03 .03 .03 T*rices of Printed (Special-Request and Office-Request) Stamped Envelopes at a slight increase in price, ranging from $0.01 for quantities of 10 to $0.44 for quantities of 1,000 of the largest size Special Return Cards. — Special return cards, including the pur- chaser's name and address, will be printed on orders for five hundred POSTAL SERVICE. 717 or a multiple of five hundred envelopes. ''Special request" envelopes are only supplied to purchasers through the postoffice named in the return card. No advertisements or special device of any kind, nor the names of addressees, will be printed on stamped envelopes by the De- partment. The matter to be printed will be limited to (1) a request to return after a given number of days; (2) the name of the purchaser (individual, firm, corporation, institution, association, or society) ; (3) rural delivery route, postoffice box number, street address (in the case of city delivery postoffices only), or the name of a building and room number therein, or the names of intersecting streets, in lieu of a street address; (4) the names of postoffice or branch postoffice, county, and State. Any portion of the foregoing, except the name of the postoffice or branch postoffice and State, may be omitted, when de- sired by the purchaser of the envelopes, if the address to which unde- livered letters are returnable is not thereby made indefinite. The form of return request for stamped envelopes intended to inclose letters will be, "After five days, return to"; for envelopes intended to inclose third-class matter, "Postage for return will be sent on notice after five days to"; the number of days in either case to be not less than three. Postal Cards. Postal cards are made in the following denominations and sizes: No. 4. One cent, domestic, single; 3%x5% inches; No. 5. One cent, domestic, single; 3x5 inches; No. 6. One cent, domestic, reply ; 3i/4x5i/2 inches, each half ; No. 7. Two cent, foreign, single, 31/4x51/2 inches; No. f . Two cent, foreign, reply ; 31/0x5% inches, each half ; No. 4. One cent in sheets, 48 cards to the sheet, 31/2x5% or 3x5 inches. Postal cards may bear written, printed or other additions, as follows : The face of the card may be divided by a vertical line one-third of the distance from the left end of the card, the space to the right being used for the address only, the space to the left to be used for a message. Addresses may be either printed, written, or affixed at the option of the sender. Very thin sheets of paper may be attached to the card provided they completely adhere thereto. Such sheets may bear both writing and printing. Advertisements, illustrations, or reading may appear upon the back of the card and upon the left third of the face. The addition to the postal card of matter other than as herein re- ferred to will subject the card to postage according to the character of the message ; at the letter rate if wholly or partly in writing, or the third class rate of entirely in print. In either case the postage value of the stamp upon the card will not be impaired. Postal cards will be treated in all respects as sealed letters except that when undeliverable to the addressee they may not be returned to the sender. 718 HILLYER'S LEGAL MANUAL. Post Cards. Post cards or private mailing cards must conform to the following conditions: A post card must be an unfolded piece of cardboard not exceeding 3 9/16 inches by 5 9/16 inches or less than 2%x4 inches. It must in form and in quality and weight of paper be substantially like the Gov- ernment post card. It may be of any color not interfering with a legible address or postmark. It may or may not, at the option of the sender, bear at the top of the face the words ''Post Card." The face of the card may be divided by a vertical line, the left half to be used for a message ; that to the right for the address only. In other respects they are carried under the same regulations as affect postal cards. Sale of Stamps, Envelopes, etc. Stamps. — Stamps when sold over a counter or at a window will be laid face down when handed out to purchasers. Stamp clerks will not affix stamps to letters, parcels, etc., for patrons. Sales of Envelopes and Weapons.^In making sales of envelopes and wrappers in small quantities it is expected that postmasters will evince a proper spirit of accommodation, but they are not required to lose the fraction of a cent. Postmasters should provide themselves with minor coins and bills of small denomination sufficient to enable them to make change for purchasers of stamped paper; but if a postmaster cannot make change the applicant should tender the exact amount of his purchase. When the schedule price of a single envelope is three cents and that of a single wrapper is two cents, and both are purchased in the same transaction, four cents, and not five cents, will be charged, and the same principle applies to all similar sales of different sizes, quali- ties, or denominations. That is, where several envelopes of different styles are sold the postmaster will retain only the fraction of a cent on the whole purchase, and not on each envelope. Postmasters must not exchange postage stamps, postal cards or stamped envelopes or wrappers; nor will any of these be accepted in payment for the purchase of any stamp supplies. Postmasters are not allowed to solicit the sale of stamps so as to increase the sales of their offices. Mutilated or Abraded Coins or Currency. — In the sale of stamp sup- plies, foreign gold and silver coins, perforated, mutilated or abraded coins, or mutilated paper currency will not be accepted. An exception is made in the case of fractional silver or other minor coins worn by abrasion when the superscription thereon can still be distinguished. The "trade dollar" is not legal tender and should not be accepted as it will not be received by the United States Treasury as a deposit. Minor Coins Le^l Tender. — Minor coins — five, three and one cent pieces — are legal tender to the amount of twenty-five cents and frac- tional silver is legal tender up to ten dollars. POSTAL SERVICE. 719 REDEMPTION. Postage Stamps. — Postaoje stamps are not redeemable at all from the public. Uncanceled, Unserviceable and Spoiled Stamped Envelopes and Newspaper Wrappers. — Uncanceled, unserviceable and spoiled stamped envelopes and newspaper wrappers are redeemable at the value of the stamps, if submitted in substantially a whole condition, payment being made only in postage stamps or other stamped paper. Stamped envelopes bearing a printed return card or address may be redeemed only from the original purchaser. Postal Cards. — Uncanceled, unserviceable, and spoiled postal cards not treated by bronzing, enameling or other process of coating may be redeemed in postage stamps or other stamped paper only at 75% of their postage value when presented by the original purchaser. Parts or pieces of cards will not be redeemed. Each unused half of a reply postal card will be regarded as a single card. When the redemption value of the cards includes the fraction of a cent such fraction will accrue to the department. Reply Coupons will be redeemed at five cents apiece, their face value, payable in stamps or stamped paper. FOREIGN MAIL. Handling of Foreign Mail. — The handling of foreign mail is gov- erned by the rules of the Universal Postal Union, a form of organiza- tion among certain countries for the exchange of mail, the adjustment of the expense incident thereto, and the protection of mail matter. In general, so far as the public is concerned, foreign mail is handled exactly as is domestic mail. The principal difference lies in the classification and rates of postage, the special restrictions and prohi- bitions of the different countries, and the feature of custom duties involved in the transfer of merchandise through the mails to foreign countries. The matter of custom duties is confined mainly to foreign parcel post, but it applies as well to letters and samples of merchan- dise. Samples of Merchandise. — Samples of merchandise are assessed in the same manner as parcel post and the duty collected on delivery. Letters or Sealed Matter. — Letters or sealed matter, however, cannot be examined until they have been opened by the addressee. There- fore, when a sealed letter or package is received for delivery, the delivering office, or the office of arrival or exchange office, will mark it ''Supposed liable to customs"; the addressee will be notified to call at the office where it is being held, a customs officer will be summoned, delivery will be made to the addressee in the presence of the customs officer, and the addressee will break the seal, open the letter or pack- age, and the customs officer will then examine the contents and assess and collect the duty. This is only done when from the form or general character of a foreign letter or sealed package it is thought probable 720 HILLYER S LEGAL MANUAL. that it contains matter on which, from its nature or quantity, duty should be paid. Special Delivery of Foreign Mail. — The special delivery of foreign mail is provided for in the agreement of the Postal Union, but is made optional with the different countries, not all of them have taken ad- vantage of it. The United States has not adopted this feature for either incoming or outgoing foreign mail. Reply Coupons. — Reply coupons (see Stamps and Stamped Paper) may be inclosed in correspondence with foreign countries to pay post- age on a reply. These are good for their face value, five cents, in stamps of any foreign nation. Stickers. — Stickers of any kind either on front or back of foreign mail matter are forbidden on foreign mail addressed to the principal foreign countries. FOREIGN RATES AND CLASSIFICATION. Table. — The following table gives the classification, rates of postage and general characteristics of the foreign mail service, except Canada, Cuba, Mexico, Republic of Panama, U. S. Postal Agency at Shanghai, and U. S. Naval Hospital at Yokohama, Japan. Prepaymsnt of postage on ordinary letters and postal cards is optional; on registered articles and parcel post packages it is compulsory; on all other articles it must be at least partially prepaid. Double the amount of deficiency is collected upon delivery. Class. Letters. Postal Cards. Printed Matter. Bates. Five cents for the first ounce or fraction, three cents for each additional ounce or fraction. England, Ireland, Scot- land, Wales and Newfound- land, also Germany by DIRECT steamers which land the mails at German ports; two cents per ounce or fraction. Two cents each for single. Four cents each for double. One cent for each two ounces or fraction; limit four pounds six ounces. Remarks. No limit of weight or size. Stamps or forms of prepayment, cur- rent or obsolete, canceled or uncanceled, as well as printed matter constituting the sign of monetary value are subject to the letter rate. Post cards must not exceed 5% inches in length by 3 % inches in width nor be less than 4 inches in length and 2% inches in width and must be made of cardboard or paper. They must not be inclosed in an envelope. Post cards (so called) consisting of wood, leather, or material other than cardboard or paper, are subject to treat- ment as letters. An address label not exceeding 2 inches by % of an inch may be pasted on the address part of a post card. The following are considered as prints, and admitted as such at the reduced post- age applicable to "prints," viz.: News- papers and periodical works, printed books POSTAL SERVICE. 721 Clas8. Printed Matter. Commercial Papers. Samples Bates. (No limit of weight of a single printed book for Sal- vador.) The maximum size for prints is 18 inches in any direction, except that rolls of printed matter which do not exceed 30 inches in length and 4 inches in diameter may be sent by mail. Packages of printed mat- ter exceeding the limit of weight and size prescribed for prints may be sent by parcel post to those coun- tries with which the United States has a parcel post convention, subject to par- cel post rates and condi- tions. Five cents for the first ten ounces or less, and one cent for each additional two ounces or fraction. Limit of weight and size same as for prints. Two cents for the first four ounces or less, and one cent for each additional two ounces or fraction. Limit of weight, twelve ounces. BemarkB. Stitched or bound, pamphlets, sheets of music, visiting cards, address cards, proofs of printing with or without the manu- scripts relating thereto, papers with raised points for the use of the blind, engrav- ings, photographs and albums containing photographs, pictures, drawings, plans, maps, catalogues, prospectuses, announce- ments and notices of various kinds, whether printed, engraved, lithographed or autographed, and in general all im- pressions or reproductions obtained upon paper, parchment or cardboard, by means of printing, engraving, lithographing and autographing, or any other mechanical process easy to recognize, except the copying-press and the typewriter. Facsimile copies of manuscripts or typewriting obtained by a mechanical process (polygraphy, chromography, etc.), are assimilated to prints; but in order to pass at the reduced postage, they must be mailed at the postoffice windows, and in the minimum number of twenty per- fectly identical copies. "With the exception of cards, prints must be wrapped or inclosed so that the contents may be easily examined without damaging the cover. The following are considered as com- mercial papers, viz. : All instruments or documents written or drawn wholly or partly by hand, which have not the char- acter of an actual and personal corre- spondence, such as old letters and postal cards which have fulfilled their original object, papers of legal procedure, deeds of all kinds drawn up by public func- tionaries, way-bills or bills of lading, in- voices, the various documents of insur- ance companies, copies of or extracts from deeds under private signature, written on stamped or unstamped paper, scores or sheets of manuscript music, manuscript for publication, forwarded separately, original and corrected tasks of pupils, excluding all comment on the work, etc. Commercial papers must be under band or in an open envelope. Samples of merchandise must conform to the following conditions: must be placed in bags, boxes or removable en- velopes in such a manner as to admit of easy inspection. They must not have any salable value, nor bear any manu- 46 722 HILLYER^S LEGAL MANUAL. Class. Composite Packages. Bates. Limit of size, twelve inches by eight inches by four inches. When in the form of a roll, a package of samples may measure twelve inches in length and six inches in diameter. Remarks, script, other than the name or the social position of the sender, the address of the addressee, a manufacturer's or trade-mark, numbers, prices and indications relating to the weight, size and quantity to be disposed of, and words which are neces- sary to precisely indicate the origin and nature of the merchandise. Articles of glass, liquids, oils, fatty substances, dry powders, as well as live bees, are admitted to the mails as "samples" provided they are packed in the following manner: (a) Articles of glass must be packed solidly in boxes of metal or wood in a way to prevent all damage to other articles or the employees. (b) Liquids, oils and substances easily liquefiable must be inclosed in glass bottles hermetically sealed. Each bottle must be placed in a wooden box filled with spongy material sufficient to absorb the liquid in case the bottle should be broken. Finally, the box itself must be inclosed in a case of metal or wood with a screw top, or of strong and thick leather. If wooden blocks perforated to contain several vials or wooden mailing cases are used, measuring at least one- tenth of an inch in the thinnest part, lined with sufficient absorbing material and furnished with a lid, the blocks need not be inclosed in a second case. (c) Fatty substances, such as oint- ments, soft-soaps, resins, etc., must be inclosed in an inner cover (box, linen bag, parchment, etc.), which must be placed in a second box of wood, metal or strong, thick leather. (d) Dry powders must be placed — if coloring — in bags of leather, gummed cloth or strong oiled paper; and if not coloring, in boxes of metal, wood or card- board, which bags or boxes must be in- closed in a cloth or parchment bag. (e) Live bees must be inclosed in boxes which avoid all danger and per- mit examination of the contents. It is permitted to inclose in the same package, samples of mer- chandise, prints and commercial papers, but subject to the following conditions: (1) That each class of articles taken singly shall not exceed the limits which are applicable to it as regards weight and size. (2) That the total weight of the package must not exceed two kilograms (four pounds six ounces). That the minimum charge shall be five cents when the package contains commercial papers, and two cents when it consists of printed matter and samples. POSTAL SERVICE. 723 POSTAGE RATES ON ARTICLES FOR CANADA, CUBA, MEXICO, THE REPUBLIC OF PANAMA AND THE UNITED STATES POSTAL AGENCY AT SHANGHAI. Articles addressed for delivery in Canada, Cuba, Mexico and Re- public of Panama are subject to the same postage rates and conditions which would apply to them if they were addressed for delivery in the United States : Except that : (a) Letters and postal cards must be dispatched to Canada and Mexico if prepaid one full rate of postage and to Cuba and Panama even if they do not bear postage stamps. Other articles for Cuba and Panama will be dispatched if prepaid at least in part. (b) Packages of "prints" may weigh not to exceed four pounds, six ounces. (c) '^ Samples" and "commercial papers" may be sent subject to the postage rates and conditions applicable to similar articles in mails for foreign countries generally. (d) Plants, seeds, etc., mailed to Canada are subject to the postage rate of one cent an ounce. (e) Articles other than letters in their usual and ordinary form are excluded from the mails, unless they are so wrapped that their con- tents can be easily examined by postmasters and customs officers. Any article inclosed in an envelope, as the word "envelope" is generally used, without regard to its size, is considered to be "in the usual and ordinary form" of a letter. But unsealed packages may contain, in sealed receptacles, articles which cannot be safely transmitted in un- sealed receptacles ; provided, the contents of the closed receptacles are plainly visible or are precisely stated on the covers of the closed re- ceptacles and that the package is so wrapped that the outer cover can be easily opened. Second-class Matter for Canada. — The postage rate applicable in the United States to "second-class matter" addressed for delivery in Can- ada is one cent for each four ounces or fraction of four ounces, calcu- lated on the weight of each package and prepaid by means of postage stamps affixed; except that the postage rate to publishers and news agents applicable to legitimate daily newspapers issued as frequently as six times a week addressed to bona fide subscribers in Canada, is one cent a pound or fraction of a pound, to be paid at the office of mailing as second-class matter. Unmailable. — The following articles are unmailable under any con- ditions, viz. : All sealed packages, which, from their form and general appearance, evidently are not letters ; publications which violate the copyright laws of the country of destination; poisons, explosive or inflammable sub- stances; live or dead (not dried) animals, insects (except bees) and reptiles; fruits and vegetables which quickly decompose, and sub- stances which exhale a bad odor, lottery tickets or circulars ; all obscene or immoral articles, articles which may destroy or damage the mails, 724 HILLYER^S LEGAL MANUAL. or injure the persons handling them; and to Cuba and the Republic of Panama, liquids and fatty substances, except samples thereof. Merchandise for Canada and Cuba is sent as domestic parcel post limited to four pounds six ounces. Merchandise for Mexico and Panama may be sent as domestic par- cel post limited to four pounds six ounces, or by international parcel post up to eleven pounds for Panama and eleven pounds to some Mexi- can offices, four pounds six ounces to others. It is advisable to send parcels for Mexico and Panama by inter- national parcel post. They cannot be insured; but can be registered. United States Postal Agency at Shanghai, China. — Articles of every kind that are admitted to the domestic mails of the United States may be sent by mail for delivery in the city of Shanghai at the postage rate and under the conditions which apply to similar articles addressed for delivery in the United States. Letters for Shanghai specially addressed to go ''via Siberia" are sub- ject to Postal Union rates and conditions. United States Naval Hospital at Yokohama, Japan. — ^Articles mailed in the United States addressed to the officers and men of the United States Navy in the U. S. Naval Hospital at Yokohama, are subject to domestic rates and conditions. WITHDRAWAL. Withdrawing Mail. — The matter of withdrawing mail after it has reached a foreign country is also one which the countries of the Postal Union permit or not as they please. Some allow it and some do not. The withdrawal of mail from a foreign country that permits such Avithdrawal must be done by the sender through the postmaster at the dispatching office, who will take the matter up with the Second Assist- ant Postmaster-General in Washington, D. C. He will take such action as may be necessary and the mail will be returned to him for delivery to the sender. All expense for telegraph tolls, etc., will be borne by the sender. In making application for the withdrawal of mail from a foreign country, the particular piece of mail sought to be withdrawn must be properly identified, as in the case of a withdrawal of domestic mail. The legislation of Great Britain and the British Colonies (except Southern Rhodesia, Autigua, Bahamas, Barbados, Ceylon, Gold Coast, British Guiana, Jamaica, Zanzibar and the Australian Colonies), in- cluding Canada and British India ; also Haiti, the Dominican Republic, Republic of Colombia and the French establishments in Oceanica does not allow the senders of articles to withdraw them from the mails. Consequently senders cannot prevent the delivery of mail to the original addressees when dispatched for delivery to any one of these countries from the United States, nor from those countries and colonies to the United States. POSTAL SERVICE. 725 PARCEL POST. Domestic and Foreign. — In the Parcel Post System, as in other classes of mail, the line between domestic and foreign is sharply drawn. The system with foreign countries has been established for some years; the domestic system has been running only since January, 1913. In this short time, however, it has developed into a large and most im- portant part of the mail, and daily it is broadening out into an arm of the service that is distinct from all others, and is becoming of increasing value as it becomes more generally understood. Fourth-class Mail Only. — Under the act of Congress establishing the Parcel Post System it includes what under the old classification was fourth-class mail only. Therefore the present Parcel Post System does not include such articles as books, photographs, printed matter etc., that are third class, although it is probable that before long all such articles will be included in the general term ''merchandise," and will be accepted for shipment under the parcel post rates. Classification. — The classification of articles mailable as well as the weight limit, the rates of postage, zone or zones, and other conditions of mailability are under the control of the Postmaster-General, and if he shall find on experience that they are such as to prevent the ship- ment of articles desirable, or permanently to render the cost of the service greater than the receipts of the revenue therefrom, he is author- ized, subject to the consent of the Interstate Commerce Commission after investigation, to reform from time to time such classification, weight, limit, rates, zone or zones or conditions, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost. Weight and Measurement. — Under the present parcel post regula- tions any package of merchandise properly packed for mailing and not forbidden under the mail regulations, will be accepted for mailing up to the limit of eleven pounds in weight and up to a limit of size not above seventy-two inches in length and girth combined. In this matter of measurement it must be understood that a package must first be measured along its longest dimension in order to secure the length, and it then must be measured around its next largest dimen- sion in order to secure its girth. The two measurements added together must not exceed seventy-two inches. Thus a hat in its band- box must first be measured across the top of the bandbox, along the long diameter if it be oval, and then around top, bottom and sides. A spade must be first measured for its full length and to this must be added the measurement around the blade. A box twenty-four inches long and twelve inches on each side will measure just seventy-two inches under the parcel post regulations and will therefore be the limit in size. Zone System. — Parcel post rates are based upon what has been designated the "zone system," a system that assigns to each postofiice a definite relation to every other postoffice, with rates fixed according to the distance of one from the other. 726 In establishing this zone system the United States has been divided into ''units of area," each unit being thirty minutes of measurement or about thirty miles, to a side. This in space measurement is one- quarter of a degree, or one-quarter of the area formed by the intersec- tion of the parallels of latitude and the meridians of longitude. The zones are measured from the center of each one of these units. They are as follows : First Zone. — All territory included within the local delivery of any office ; the first zone rate to apply to all packages deposited at an office or on any of its rural routes for local delivery, or for delivery on any of the rural routes emanating from that office. Second zone — All territory outside the first zone and with a radius of one hundred and fifty miles. Third zone — ^All territory outside the second zone and included within a radius of three hundred miles. Fourth zone — All territory outside the third zone and included within a radius of six hundred miles. Fifth zone — All territory outside the fourth zone and included within a radius of one thousand miles. Sixth zone — All territory outside the fifth zone and included within a radius of one thousand four hundred miles. Seventh zone — All territory outside the sixth zone and included within a radius of one thousand eight hundred miles. Eighth zone — All territory outside the seventh zone. All units of area cut by a zone line drawn on the proper radius are considered wholly within the zone line that cuts them. Every postoffice in the United States is assigned, according to its geographical position, to one of these units of area. If therefore it be known in what unit of area a certain postoffice lies, it is only necessary to draw the zones to proper scale from the center of the unit to find out its relation to every other postoffice in the country. Maps showing all units of area and with zone lines drawn for any particular postoffice, together with a guide showing the unit of area in which every postoffice in the United States is located, can be had from the Postoffice Department for seventy-five cents. Rates and Postage. — Parcels weighing four ounces or less are mail- able at the rate of one cent for each ounce or fraction of an ounce, re- gardless of distance. Parcels weighing more than four ounces are mailable at the pound rates shown in the following table, a fraction of a pound being considered a full pound. POSTAL SERVICE. 727 The rates for the different zones are as follows: First- Second- Third- Fourth- Fifth- Sixth- Seventh- Eighth- Weight, zone zone zone zone zone zone zone zone rate. rate. rate. rate. rate. rate. rate. rate. 1 pound $0.05 $0.05 $0.07 $0.08 $0.09 $0.10 $0.11 $0.12 2 pounds 06 .06 .12 .14 .16 .19 .21 .24 3 pounds 06 .07 .17 .20 .23 .28 .31 .36 4 pounds 07 .08 .22 .26 .30 .37 .41 .48 5 pounds 07 .09 .27 .32 .37 .46 .51 .60 6 pounds 08 .10 .32 .38 .44 .55 .61 .72 7 pounds 08 .11 .37 .44 .51 .64 .71 .84 8 pounds 09 .12 .42 .50 .58 .73 .81 .96 9 pounds 09 .13 .47 .56 .65 .82 .91 1.08 10 pounds 10 .14 .52 .62 .72 .91 1.01 1.20 11 pounds 10 .15 .57 .68 .79 1.00 1.11 1.32 Packages up to four ounces 1 cent an ounce for all zones. 1st or 2d zone, limit of 20 pounds; 3d to 8th zone, inclusive, limit of 11 pounds. Other rates and zones unchanged. Rates Over Eleven Pounds. First Second First Second First Second Weight. Zone. Zone. Weight. Zone. Zone. Weight. Zone. Zone. 12 pounds $0.11 $0.16 15 lbs. $0.12 $0.19 18 lbs. $0.14 $0.22 13 pounds 11 .17 16 lbs. .13 .20 19 lbs. .14 .23 14 pounds 12 .18 17 lbs. .13 .21 20 lbs. .15 .24 The parcel post rate between any point in the United States and any point in the Hawaiian Islands, the United States Postal Agency at Shanghai, and any point in Alaska, and between any two points in Alaska, except for parcels weighing four ounces or less, on which the rate is one cent for each ounce or fraction thereof, shall be twelve cents for the first pound and twelve cents for each additional pound or fraction thereof. These rates also apply to parcels mailed in the United States for delivery in the Canal Zone, and to parcels between the Philippine Islands and any portion of the United States, including the District of Columbia and the several Territories and possessions. The eighth zone rate of postage, except on parcels weighing four ounces or less, on which the rate shall be as prescribed in section 3, shall apply to all parcels of fourth-class matter mailed in the United States for delivery in Canada, Mexico, Cuba, and the Republic of Panama: Provided (a). That as prescribed by existing special postal conventions with these countries such parcels shall not exceed two kilograms (4 lbs. 6 ozs.) in weight, and (b) that nothing in this section shall affect the dispatch of parcel post packages to Mexico and the Republic of Panama up to eleven pounds (5 kilograms) in weight under the existing parcel post conventions with these countries. Seeds, cuttings, bulbs, roots, scions, and plants are matter of the fourth class, notwithstanding that a special rate of postage (one cent for each two ounces or fraction thereof regardless of distance) applies thereto. The limit of weight is increased to eleven pounds by the par- cel post law, but no other change is made. Cut flowers, dried plants, and botanical specimens not susceptible of propagation are transmissible at parcel post rates. 728 Samples of wheat or other grain in its natural condition, potatoes, beans, peas, chestnuts, acorns, etc., when intended for planting, must be prepaid at the special rate of postage, but when intended to be used as food the parcel post rates apply. Any stamps are acceptable for the payment of postage on parcel post matter. If unpaid or insufficiently paid, a parcel shall be held for postage and the sender or the addressee will be notified of the proper amount of postage that must be forwarded to insure its dispatch or delivery. Parcels under four ounces may be dropped in a mail box, but parcels over four ounces in weight, and all insured parcels or parcels sent C. 0. D. must be brought to a postoffice or station and there handed to a window clerk assigned to the duty of handling parcel post. Parcels collected on star routes must be deposited in the next post- office at which the carrier arrives and postage charged at the rate from that office. Postmasters must examine parcels when presented for mailing to ascertain that the postage is fully prepaid. When any parcel offered for mailing is sealed or otherwise closed against inspection, or contains or bears writing not permissible, it is subject to postage at the first-class rate and shall be treated as first- class matter (except as provided in the case of proprietary articles in original packages, etc.) If such a parcel exceeds four pounds in weight it is unmailable. A parcel containing two or more classes of mail matter is chargeable with postage at the rate applicable to the highest class of matter in- closed. A parcel composed of two articles, one being matter of the third class and the other matter of the fourth class, is chargeable with postage at the fourth-class rate w^hen such postage is equal to or greater than that which would be chargeable if the third-class rate were applicable. However, when the postage on a parcel containing both third and fourth class matter amounts to more at the third-class than at the fourth-class rate, owing to the graduated zone rates, the parcel must be charged with postage at the third-class rate (one cent for each two ounces or fraction of two ounces), and in such case the parcel must not exceed four pounds in weight, unless it is a single book. Packages of merchandise packed according to parcel post regula- tions and unsealed will be accepted under a government frank up to a weight of eleven pounds. Insufficiently Prepaid Matter, etc. — Parcel post mail insufficiently prepaid, if the sender cannot be located, will be held for postage and the addressee notified. Matter which is insufficiently or illegibly addressed will be returned to the sender at the rate of postage originally paid. If the sender is unknown, the matter will be sent to the Divi- sion of Dead Letters, at Washington, D. C, or destroyed. Forwarding. — Parcels will be remailed or forwarded on payment of additional postage at the rate that would be charged if they were POSTAL SERVICE. 729 originally mailed from the forwarding office, the necessary stamps being affixed by the forwarding postmaster. Payment must be made each time a parcel is forwarded. Delivery. — The same rules for delivery, as set forth under "Mail Matter, Delivery," apply as well to parcel post as to other mail. Parcel post packages will be delivered as promptly as possible. If wrongly addressed an effort will be made to find the proper address at which they can be delivered, and if a forwarding order is on file the addressee will be notified that a parcel addressed to his old address is being held and that if the proper amount of postage be sent, the amount being designated, the parcel will be forwarded to him. If packages that contain matter that decays quickly, or that is otherwise perishable, or likely to become offensive, should be found undeliverable, the package will be destroyed, or if deemed proper, the postmaster may turn it over to some hospital, asylum, or other chari- table or reformatory institution. Parcels may be given the benefit of special delivery service under the usual special delivery rules. (See Special Delivery.) Prepaj-ation for Mailing. — Parcels must be prepared for mailing in such manner that the contents can be easily examined. A parcel must not be accepted for mailing unless it bears the name and address of the sender preceded by the word ''From." Special care should be used in packing parcels w^hich contain liquids, butter, eggs, or other matter easily injured in transit, or which if broken may damage other mail matter. Fragile articles, such as liquids, millinery, toys, musical instruments, etc., and articles consisting of wholly or in part glass, or contained in glass, must be securely packed, and attention should be called at the time of mailing to the fact that the package contains fragile matter, in order that it may be properly stamped ''Fragile," thus insuring special treatment in the mails. Perishable articles must be stamped at the office of mailing with the word "Perishable," in order that proper treatment may be given such mail. It is 'extremely important that parcels be packed in accordance with the directions outlined herein, as investigations of complaints of dam- age to parcels in the mail show, in most cases, that the damage is due to failure sufficiently and securely to wrap the parcels for safe trans- mission. Boxes to which the lids are nailed or screwed will be accepted, if with reasonable effort the lids may be removed for the purpose of examining the contents. Sewed Bags will be accepted, provided it is apparent that the con- tents thereof is wholly fourth-class matter. Medicines composed wholly or in part of poison or poisons, and anes- thetic agents, which are not outwardly or of their own force dangerous or injurious to life, health, or property, and not in themselves unmail- 730 able (see Mail Matter — Unmailable), when properly packed, will be accepted for mailins: from the manufacturer thereof, or dealer therein, to licensed physicians, surgeons, pharmacists, or dentists. Dangerous Articles otherwise admissible, which from their form or nature misrht dama Receiver. NOTICE OF APPLICATION TO PURCHASE UNDER TIMBER AND STONE LAWS. United States Land Office, ,19..., Notice is hereby given that , whose postoffice address is , Hid on the .... day of , 19 . . , file in this office his sworn statement and application No to purchase the quarter of section , township , range , M., and the timber thereon, under the provisions of the act of June 3, 1878, and acts amendatory, known as the "Timber and stone law," at such value as might be fixed by appraisement, and that, pursuant to such application, the land and timber thereon have been appraised, the timber estimated board feet, at $ per M, and the land $ , or combined value of the land and timber at $ ; that said applicant will offer final proof in support of his application and sworn statement on the .... day of , 19 . . , before , at Any person is at liberty to protest this purchase before entry, or initiate a contest at any time before patent issues, by filing a corroborated affidavit in this office, alleging facts which would defeat the entry. Register. Where notice is issued under section 19, the register will modify the blank so as to show^ the valuation placed on the land and the timber thereon was that made by the applicant when he filed his sworn state- ment, instead of being fixed by appraisement. TIMBER OR STONE ENTRY. DEPARTMENT OF THE INTERIOR. U. S. Land Office, , No. , Receipt No FINAL PROOF. I hereby solemnly swear that I am the identical , who presented sworn statement and application. No , for ., section , township , range , meridian ; that the land is valuable chiefly for its timber, and is, in its present condi- tion, unfit for cultivation ; that it is unoccupied and without improve- 782 HILLYER^S LEGAL MANUAL. ments of any character, except for ditch or canal purposes, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, coal, salines, or salt springs. ) (Sign here, -with full Christian name.) (PostofSce address.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; that I verily believe affiant to be a qualified appli- (Give full name and postoffice address.) lil cant and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the land district, this .... day of (Town.) (County and State.) 19.. (Official designation of officer.) [To be used only when sale is made under section 19 of the regulations approved November 30, 1908, and in sales under applications pending November 30, 1908.] DEPARTMENT OF THE INTERIOR. TIMBER OR STONE ENTRY. U. S. Land Office, TESTIMONY OF CLAIMANT. I, (give full Christian name), being duly called as a wit- ness in support of my application to purchase the , section , township , range , meridian, testify as follows : Question 1. What is your age, occupation, postoffice address, and where do you live? Answer Question 2. Are you a native-born citizen of the United States ; and, if so, in what State or Territory were you born? Are you married or single ? Answer Question 3. Are you the identical person who applied to purchase this land on the day of , 19 . . , and made the sworn state- ment required by law upon that day? Answer Question 4. Have you made a personal examination of each small- est legal subdivision of the land applied for? Answer PUBLIC LANDS TIMBER AND STONE. 783 Question 5. When, under what circumstances, and with whom was such examination made? Answer Question 6. How did you identify said land? Describe it fully. Answer Question 7. Is the land occupied, or are there any improvements on it? If so, describe them and state whether they belong to you. Answer Question 8. Is the land fit for cultivation, or would it be fit for cultivation if the timber were removed? Answer Question 9. What is the situation of this land, what is the nature of the soil, and what causes render the same unfit for cultivation? Answer Question 10. Are there any salines or indications of deposits of gold, silver, cinnabar, copper, coal, or other minerals on this land? If so, state what they are. Answer Question 11. Is the land valuable for mineral, or more valuable for any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone? (Answer each question.) Answer Question 12. From what facts do you conclude that the land is chiefly valuable for timber and stone? Answer Question 13. How many thousand feet, board measure, of lumber do you estimate that there is on this entire tract ? What is the stump- age value of same ? Answer Question 14. Are you a practical lumberman or woodsman ? If not, how do you arrive at your estimate of the quantity and value of lumber on the tract? Answer Question 15. What do you expect to do with this land and the timber w^hen you get title to it ? Answer Question 16. Do you know of any capitalist or company which has offered to purchase timber land in the vicinity of this entry? If so^ who are they, and how do you know of them? Answer Question 17. Has any person offered to purchase this land if you acquire title? If so, who, and for what amount? Answer 784 HILLYER^S LEGAL MANUAL. Question 18. Where is the nearest and best market i'or the timber on this land at the present time? Answer Question 19. What has been your occupation during the past year; where and by whom have you been employed, and at what compen- sation? Answer Question 20. How did you first learn about this particular tract of land, and that it would be a good investment to buy it ? Answer Question 21. Did you pay or agree to pay anything for this in- formation? If so, to whom, and the amount? Answer Question 22. Did you pay out of your own individual funds all the expenses in connection with making this filing, and do you expect to pay for the land with your own money? Answei Question 23. Where did you get the money with which to pay for this land, and how long have you had same in your actual possession? Answer Question 24. Have you kept a bank account during the past six months ? If so, where ? Answer Question 25. Have you sold or transferred your claim to this land since making your sworn statement, or have you directly or indirectly made any agreement or contract, in any way or manner, with any per- son whomsoever, by which the title which you may acquire from the government of the United States may inure in whole or in part to the benefit of any person except yourself? Answer Question 26. Do you make this entry in good faith for the appro- priation of the land and the timber thereon exclusively for your own use and not for the use or benefit of any other person ? Answer Question 27. Has any person other than yourself, or any firm, corpo- ration, or association any interest in the entry you are now making, or in the land or in the timber thereon? Answer Question 28. Have 3^ou since August 30, 1890, entered and acquired title to, or are you now claiming, under an entry made under any of the nonmineral public land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres? Answer (Sign here, with full Christian name.) I hereby certify that the foregoing deposition was read to or by deponent in my presence before deponent affixed signature thereto; that deponent is to me personally known [or has been satisfactorily PUBLIC LANDS TIMBER AND STONE. 785 identified before me by (give full name and postoffice ad- dress)] ; that I verily believe deponent to be a qualified claimant and the identical person hereinbefore described, and that said deposition was duly subscribed and sworn to before me, at my office, in (town), (county and State), within the land district, this day of , 19 . . . I further certify that I tested the accuracy of affiant's information and good faith in making the entry, by close and sufficient cross- examination of claimant and the witnesses, and am satisfied from such examination that the entry is made in good faith for entryman's own exclusive use and not for sale or speculation, nor in the interest of, nor for the benefit of, any other person or persons, firm, or corporation. (Ofl&cial designation of officer.) DEPARTMENT OF THE INTERIOR. TIMBER OR STONE ENTRY. U. S. Land Office, , TESTIMONY OF WITNESSES. I, , (give full Christian name), being duly called as a wit- ness in support of the application of , (give full Christian name), filed at the land office, to purchase the section , township , range , meridian, testify as follows : Question 1. What is your age, occupation, postoffice address, and where do you live? Answer Question 2. By whom were you employed during the last six months? Answer Question 3. Are you acquainted with the land above described by a personal examination of each of its smallest legal subdivisions? De- scribe the tract fully. Answer Question 4. When, with whom, and in what manner was such exam- ination made? Answer Question 5. Is it occupied or are there any improvements on it not made for ditch or canal purposes, or which were not made by, or do not belong to, the said applicant? Answer Question 6. Is it fit for cultivation? Answer Question 7. What causes render it unfit for cultivation? Answer 50 786 hillyer's legal manual. Question 8. Are there any salines or indications of deposits of gold, silver, cinnabar, copper, coal, or other minerals on this land? If so, state what they are. Answer Question 9. Is the land valuable for mineral, or more valuable for any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone? (Answer each question.) Answer Question 10. From what facts do you conclude that the land is chiefly valuable for timber or stone? Answer Question 11. How long have you known the applicant? Answer Question 12. What is his financial condition so far as you know? Answer Question 13. Do you know of your own knowledge that applicant has sufficient money of his own to pay for this land and hold it six months without mortgaging it? Answer Question 14. Do you know whether the applicant has, directly or indirectly, made any agreement or contract, in any way or manner, with any person whomsoever by which the title he may acquire from the government of the United States may inure in whole or in part to the benefit of any person except himself? Answer Question 15. Are you in any way interested in this application or in the land above described, or the timber or stone, salines, mines, or im- provements of any description thereon? Answer (Sign here, with full Christian name.) I hereby certify that the foregoing deposition was read to me by de- ponent in my presence before deponent affixed signature thereto; that deponent is to me personally known [or has been satisfactorily identi- fied before me by (give full name and postoffice address)] ; that I verily believe deponent to be a credible witness and the identical person hereinbefore described, and that said deposition was duly sub- scribed and sworn to before me, at my office, in (town), (county and State), within the land dis- trict, this .... day of , 19 . . . (Official designation of officer.) DESERT LAND REGULATIONS. 787 REGULATIONS GOVERNING ENTRIES AND PROOFS UNDER THE DESERT-LAND LAWS. Laws Governing Desert-land Entries. — 1. The laws, or portions of laws governing the making of desert-land entries, assignments thereof, and the proofs required, will be found printed in full herein, and are as follows: Act of March 3, 1877; March 3-, 1891; August 30, 1891; June 27, 1906 ; March 26, 1908 ; March 28, 1908 ; March 4, 1904, amend- ing section 2294, Revised Statutes of the United States; June 22, 1910; March 3, 1909; June 25, 1910; February 3, 1911. States and Territories in Which Desert-land Entries may be Made. — 2. The act of March 3, 1877, provided for the making of desert-land entries in the States and Territories of California, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, Arizona, and New Mexico. The act of March 3, 1891, ex- tended the provisions of the desert-land laws to Colorado. Lands That may be Entered as Desert Land. — 3. Lands which, by reason of a lack of rainfall, or of sufficient dampness in the soil, will not produce native grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual seasons, nor produce an agricultural crop of any kind in amount to make the cultivation thereof reasonably remunerative, and do not contain sufficient moisture to produce a natural growth of trees may be classed as desert in char- acter and, if surveyed and unappropriated, may be entered under the desert-land law. Unusual Rainfall. — Lands situated within a notoriously arid or desert region, and themselves previously desert within the meaning of the desert-land law, do not necessarily lose their character as desert lands merelv because on account of unusual rainfall for a few successive sea- sons their productiveness was increased and larger crops were raised thereon; and, under such circumstances, a strong preponderance of evidence will be required to take them out of the class of desert lands. The final proof, however, of one who makes desert entry of such lands will be closely scrutinized as to the sufficiency of his water supply and the adequacy of his ditches and laterals. Lands Which Border upon Bodies of Water. — While lands which border upon streams, lakes, and other bodies of water, or through or upon which there is any stream, body of water, or living spring, may not produce agricultural crops without irrigation, such lands are not subject to entry under the desert-land laws until the clearest proof of their desert character is furnished. Who may Make a Desert-land Entry. — 4. Any citizen of the United States, twenty-one years of age, or any person of that age who has declared his intention of becoming a citizen of the United States, and who can make the affidavit specified in paragraphs 8 and 9 of these regulations, can make a desert-land entry. Thus, a woman, 788 hillyer's legal manual. whether married or single, who possesses the necessary qualifications, can make a desert-land entry, and, if married, without taking into con- sideration any entries her husband may have made. Entrymen of Alien Birth. — At the time of making final proof, how- ever, entrymen of alien birth must have been admitted to full citizen- ship, which must be shown by a duly certified copy of the certificate of naturalization. Quantity of Land That may be Entered. — 5. Under the act of March 3, 1877, desert-land entries to the maximum of 640 acres were allowed, but by the act of March 3, 1891, the area that may be embraced in a desert entry was reduced to 320 acres as the maximum. This limita- tion must, however, be read in connection with the act of August 30, 1890, which limits to 320 acres, in the aggregate, the amount of land to which title may be acquired under all the public land laws, except the mineral laws. Hence, a person having initiated a claim under the homestead, timber and stone, pre-emption, or other agricultural land laws, or under all such laws, since August 30, 1890, say, to 160 acres in the aggregate, and acquired title to the land so claimed, or who is claiming such an area under subsisting entries at the date of his desert- land application, if otherwise qualified, may enter 160 acres of land under the desert-land laws. In other words, he may make a desert-land entry for such a quantity of land as, taken together with land acquired by him under the agricultural land laws, since August 30, 1890, and claimed by him under such laws, does not exceed 320 acres in the aggregate. It is to be noted, also, that the act of June 22, 1910, provides that desert-land entries made for lands withdrawn or classified as coal lands, or valuable for coal, shall not exceed 160 acres in area. Right of Entry Exhausted How. — A person's right of entry under the desert-land law is exhausted either by making an entry or by taking an assignment of an entry, in whole or in part, whether the maximum quantity of land, or less, is entered or received by assign- ment ; except, however, that under the act of March 26, 1908, if a per- son, prior to the passage of that act, has made an entry and has abandoned, lost, or forfeited the same, or has relinquished without receiving a valuable consideration therefor, such person may make a second entry. In such cases, however, it must be shown when the former entry was abandoned, lost, or forfeited, that it was not assigned, in whole or in part, canceled for fraud, or relinquished for a valuable consideration, and it must be so described by section, township, and range, or by date and number, as to be readily identified on the records of the General Land Office. The showing required must be by affidavit of applicant wherein the facts upon which is based his claim of right to make a second desert-land entry are set forth fully and in detail. This affidavit must be corroborated, as far as possible, by the affidavit of one or more persons having personal knowledge of the facts stated by applicant. Registers and receivers are authorized to allow a second desert-land entry in any case wherein it is shown that applicant is entitled to make such entry under the provisions of said act of March DESERT LAND REGULATIONS. ' 789 26, 1908. Otherwise the application will be noted on the district office records and forwarded to the General Land Office with appropriate recommendation. Land must be in Compact Form. — 6. Land entered under these laws should be in compact form, which means that it should be as nearly a square form as possible. Where, however, it is impracticable on account of the previous appropriation of adjoining lands, or on account of the topography of the country, to take the land in a compact form, all the facts regarding the situation, location, and character of the land sought to be entered, and the surrounding tracts, should be stated, in order that the General Land Office may determine whether, under all the circumstances, the entry should be allowed in the form sought. En- trymen should make a complete showing in this regard, and should state the facts and not the conclusions they derive from the facts, as it is the province of the Land Department of the Government to deter- mine whether or not, from the facts stated, the entry should be allowed. How Preference Right may be Acquired on Unsurveyed Land. — 7. Prior to the act of March 28, 1908, a desert-land entry could em- brace unsurveyed lands, but since the date of that act desert-land entries may not be made of unsurveyed lands. This act provides, how- ever, that if a duly qualified person shall go upon a tract of unsurveyed desert land and reclaim, or commence to reclaim, the same, he shall be allowed a preference right of ninety days after the filing of the plat of survey in the local land office to make entry of the land. To pre- serve this preference right the work of reclamation must be continued up to the filing of the plat of survey, unless the reclamation of the land is completed before that time, and in that event the claimant must con- tinue to cultivate and occupy the land until the survey is completed and the plat filed. A mere perfunctory occupation of the land, such as staking off the claim, or posting notices thereof on the land claimed, would not secure the preference right as against an adverse claimant, but occupation in entire good faith, accompanied by acts and works looking to the ultimate reclamation of the land, are necessary and re- quired. How to Proceed to Make a Desert-land Entry. — 8. A person who desires to make entry under the desert-land laws must file with the register and receiver of the proper land office a declaration, or applica- tion, under oath, showing that he is a citizen of the United States, or has declared his intention to become such citizen ; that he is twenty-one years of age or over; and that he is also a bona fide resident of the State or Territory in which the land sought to be entered is located. He must also state that he has not previously exercised the right of entry under the desert-land laws by making an entry or by having taken one by assignment ; that he has personally examined every legal subdivi- sion of the land sought to be entered; that he has not, since August 30, 1890, acquired title, under any of the agricultural land laws, to lands which, together with the land applied for, will exceed, in the aggregate, 320 acres; and that he intends to reclaim the lands applied for, by 790 conducting water thereon, within four years from the date of his application. This declaration must contain a description of the land, by lesfal subdivisions, section, township, and range. Terms of Application. — 9. Special attention is called to the terms of this application, as they require a personal knowledge by the entryman of the lands intended to be entered. The affidavit, which is made a part of the application, may not be made by an agent or upon infor- mation and belief, and the register and receiver must reject all appli- cations in which it is not made to appear that the statements con- tained therein are made upon the applicant's own knowledge, and that it was obtained from a personal examination of the lands. The blank spaces in the application must be filled in with a complete statement of the facts, showing the applicant's acquaintance with the land and how he knows it to be desert land. This declaration must be corrobo- rated by the affidavits of two reputable witnesses, who also must be personally acquainted with the land, and they must state the facts regarding the condition and situation of the land upon which they base the opinion that it is subject to desert entry. Entry of Lands Reclaimed Before Survey. — The statements in the blank form of declaration and accompanying affidavits, as to present character of the land, may be modified so as to show the facts, in any case wherein application is made for entry of lands reclaimed, or par- tially reclaimed, by applicant, before survey, under the provisions of the act of March 28, 1908 ; as to a former entry, in case application is made for a second entry under the provisions of the act of March 26, 1908, and as to the character of the land with respect to coal deposits in case application is made, under the provisions of the act of June 22, 1910, for lands withdrawn or classified as coal lands, or valuable for coal. Residence, Occupation, and Postoffice Address. — 10. Applicants and witnesses must in all cases state their places of actual residence, their business or occupation, and their postoffice addresses. It is not suffi- cient to name only the county or State in which a person lives, but the town or city must be named, also, and where the residence is in a city, the street and number must be given. It is especially important to claimants that upon changing their postoffice addresses they promptly notify the local officers of such change, for upon failure to do so their entries may be canceled upon notice sent to the address of record, but not received by claimant. The register and receiver will be careful to note the postoffice address on their records. Proofs, Affidavits and Oaths. — 11. The application and corroborating affidavits, and all other proofs, affidavits, and oaths of any kind whatso- ever, required by law to be made by applicants and entrymen and their corroborating witnesses, must be sworn to before the register or .re- ceiver of the land district in which the land is located, or before a United States commissioner, if the lands are within the boundaries of a State, or a commissioner of a court exercising federal jurisdiction, if in a Territory, or before a judge or clerk of a court of record, in the county, or land district, in which the land is situated. The only conditions DESERT LAND REGULATIONS. 791 permitting the taking of such evidence outside the proper land district is where the county in which the land is situated lies partly in two or more land districts, in which case such evidence may be taken any- where in the county. In case the application and affidavits are not made before either of the local officers, or in the county in which the land is located, they must be made before some of the officers above named, in the land district nearest to, or most accessible from, the land, which latter fact must be shown by affidavit of applicant. The decla- ration of applicant and the affidavits of his two witnesses must, in every instance, be made at the same time and place and before the same officer. Water Right. — 12. Persons who make desert-land entries, must acquire a clear right to the use of sufficient water to irrigate and re- claim the whole of the land entered, or as much of it as is susceptible of irrigation, and of keeping it permanently irrigated. Therefore, if a person makes an entry before he has taken steps to acquire water right, he does so at his own risk, because, ordinarily, one entry will exhaust his right and he will not be repaid the money paid at the time of making the entry. Map and Payment. — 13. At the time of filing his application with the register and receiver the applicant should also file a map, showing the plan by which he proposes to conduct water upon the land and the man- ner by which he intends to irrigate the same, and at the same time he must pay the receiver the sum of twenty-five cents per acre for the land applied for. The receiver will issue a receipt for the money, and the register and receiver will jointly issue a certificate showing the allow- ance of the entry. This application will be given its proper serial number at the time it is filed, and at the end of each month an abstract of collections under these laws will be transmitted to the General Land Office. Assignments. — 14. While by the act of March 3, 1891, assignments of desert-land entries were recognized, the Land Department, largely for administrative purposes, held that a desert-land entry might be assigned as a whole, or in its entirety, but refused to recognize the assignment of only a portion of an entry. The act of March 28, 1908, however, provides for the assignment of such entries, in whole or in part ; but this does not mean that less than a legal subdivision may be assigned. Therefore, no assignment, otherwise than by legal subdivi- sions, will be recognized. Entry by Assignment Equivalent to Making Entry. — 15. The act of March 28, 1908, also provides that no person may take a desert-land entry by assignment, unless he is qualified to enter the tract so assigned to him. Therefore, if a person is not a resident citizen of the State or Territory wherein the land involved is located, or, if he has made a desert-land entry in his own right, he cannot take such an entry by assignment. The language of the act indicates that the taking of an entry by assignment is equivalent to the making of an entry, and this 792 hillyer's legal manual. being so, no person is allowed to take more than one entry by assign- ment. The desert-land right is exhausted either by making an entry or l)y taking one by assignment. Practice Prior to March 28, 1908. — However, in view of the practice that obtained in the General Land Office prior to March 28, 1908, of recognizing the right of a person to make an entry, and also to take one or more entries by assignment, the aggregate area of the land em- braced in all such entries not exceeding 320 acres, such entries and assignments so made or taken will not now be disturbed. But all assignments and entries made subsequent to the approval of the act of March 28, 1908, must be governed by the terms of that act, which is held to mean that the desert -land right is exhausted, either by making an entry or by taking one by assignment. Said act provides that no assignment to, or for the benefit of, any corporation or associa- tion shall be authorized or recognized. Evidence of Assignment. — 16. As stated above, desert-land entries may be assigned, in whole or in part, and, as evidence of the assign- ment, there should be transmitted to the General Land Office the orig- inal deed of assignment, or a certified copy thereof. Where the deed of assignment is recorded, a certified copy may be made by the officer who has custody of the record. Where the original deed is presented to an officer qualified to take proof in desert-land cases, a copy certified by such officer will be accepted. Attention is called to the fact that copies of deeds of assignment certified by notaries public or justices of the peace, or, indeed, any other officers than those who are qualified to take proofs and affidavits of desert-land cases, will not be accepted. Affidavit. — An assignee must file, with his deed of assignment, an affi- davit showing his qualifications to take the entry assigned to him. He must show what entries have been made by, or assigned to, him under the agricultural laws, and he must also show his qualifications as a citi- zen of the United States, that he is twenty-one years of age or over, and also that he is a resident citizen of the State or Territory in which the land assigned to him is situated. In short, the assignee must possess the qualifications necessary to enter the land proposed to be assigned were it subject to entry. No Assignable Right Prior to Payment. — Desert-land entries are ini- tiated by the payment of twenty-five cents per acre, and no assignable right is acquired by the applicant prior to such payment. An assign- ment made on the day of such payment, or soon thereafter, is treated as suggesting fraud, and such cases will be carefully scrutinized. The provision of law authorizing the assignments of desert entries, in whole or in part, furnishes no authority to a claimant under said law to make an executory contract to convey the land after the issuance of patent, and to thereafter proceed with the submission of final proof in further- ance of such contract. Sale Before Final Payment. — The sale of the land embraced in an entry at any time before final payment is made must be regarded as an DESERT LAND REGULATIONS. 793 assignment of the entry, and in such cases, the person buying the land must show that he possesses all the qualifications required of an assignee. Assignment Papers. — The assignor of a desert-land entry may exe- cute the assignment papers wherever he may be before any officer au- thorized to take acknowledgments, but the assignee must execute the affidavit, and all other required oaths and affidavits, before some one of the officers specified and in the manner set out in paragraph 11 of this circular. Assignments Conclusive When Recognized. — No assignments of desert-land entries or parts of entries are conclusive until examined in the General Land Office and found satisfactory and the assignment recognized. When recognized, how^ever, the assignee takes the place of the assignor as effectually as though he had made the entry, and is subject to any requirement that may be made relative thereto. The assignment of a desert-land entry to one disqualified to acquire title under the desert-land law, and to whom, therefore, recognition of the assignment is refused by the General Land Office, does not of itself render the entry fraudulent, but leaves the right thereto in the assignor. Annual Proof. — 17. In order to test the sincerity and good faith of the claimant under the desert-land laws, and to prevent the reservation or segregation of tracts of public land in the interest of persons having no intention of reclaiming the land, but rather, by payment of the initial sum of twenty-five cents per acre, hoping to gain the use of the land for a number of years, Congress in the act of March 3, 1891, made the requirement that a map be filed at the initiation of the entry, show- ing the mode of contemplated irrigation and the proposed source of the water supply, and that there be extended yearly for three years from the date of the entry not less than one dollar for each acre of the tract entered, making a total of not less than three dollars per acre, in the necessary irrigation, reclamation, and cultivation of the land, in perma- nent improvements thereon, and in the purchase of water rights for the irrigation thereof, and that at the expiration of the third year a map or plan be filed showing the character and extent of the improvements placed on the claim. The said act, however, authorizes the submission of final proof at an earlier date than four years from the time the entrj^ is made in cases wherein reclamation has been effected and expenditures of not less than three dollars per acre have been made. Proof of these expenditures must be made before some officer authorized to adminis- ter oaths in desert-land cases. This proof, w^hich is known as yearly or annual proof, must be made by applicant, whose affidavit must be cor- roborated by affidavits of two reputable witnesses, all of whom must have personal knowledge that the expenditures were made for the purpose stated in the proof. Expenditures Accepted. — 18. Expenditures for the construction and maintenance of storage reservoirs, dams, canals, ditches, and laterals to be used by claimant for irrigating his land, for roads where they are 794 necessary, for erecting stables, corrals, etc., for digging wells, where the water therefrom is to be used for irrigating the land, and for level- ing and bordering land proposed to be irrigated will be accepted. Ex- penditures for fencing all or a portion of the claim may be accepted, in case it is clearly shown that the fence is necessary for the protection of a portion of the land being prepared for irrigation and cultivation or for the protection of canals, ditches, etc., thereon. Expenditures for surveying, for the purpose of ascertaining the levels for canals, ditches, etc., and for the first breaking or clearing of the soil may be accepted. Expenditures not Accepted. — Expenditures, for cultivation after the soil has been first prepared may not be accepted, because the claimant is supposed to be compensated for such work by the crops to be reaped as a result of cultivation. Expenditures for surveying the claim in order to locate the corners of same may not be accepted. The cost of tools, implements, wagons, and repairs to same, used in construction work may not be computed in the cost of construction. Expenditures for material of any kind will not be allowed unless such material has actually been installed or employed in and for the purpose for which it was purchased. For instance, if credit is asked for posts and wire for fences or for a pump or other well machinery, it must be shown that the fence has been actually constructed or the well machinery actually put in place. Annual proofs must contain itemized statements showing the manner in which expenditures were made. Expenditure for Interest in Irrigating Company. — No expenditure for stock or interest in an irrigating company, through which water is to be secured for irrigating the land, will be accepted as satisfactory annual expenditure until a special agent, or other authorized officer, has submitted a report as to the resources and reliability of the company, including its actual water right, and such report has been favorably acted upon by the department. The stock purchased must carry the right to water, and it must be shown that payment in cash has been made at least to the extent of the amount required in connection with the annual proof submitted, and such stock must be actually owned by the claimants at the time of the submission of final proof. A certificate of the secretary, or other qualified officer of the company involved, must be furnished, showing the extent of actual water appropriation by the company, to what extent water had been previously disposed of, quan- tity of water carried under the stock or interest purchased by the desert claimant, and a statement showing the previous ownership of the shares of stock forming the basis of proffered proof, and a description of the land in connection with which such stock has been previously issued or used. Circumstances in connection with stock which has been previously made the basis of proof or annual expenditure will be care- fully scrutinized and inquired into. Suspended Proofs. — Registers and receivers are instructed to care- fully examine all annual proofs filed and are authorized to suspend DESERT LAND REGULATIONS. 795 same, with notice to claimants to cure defects within thirty days, or to reject, subject to the usual right of appeal to the Commissioner of the General Land Office. These proofs are to be forwarded with the regular monthly returns. Notice to Submit Proof.— At the end of each year, if the required proof of actual expenditures has not been made, the register and re- ceiver will send the entryman notice and allow him sixty days in which to submit such proof. If the proof is not furnished as required, the fact that notice was served upon the claimant should be reported to the General Land Office, with evidence of service, whereupon the entry will be canceled. Registers and receivers should keep on hand a suffi- cient supply of blank forms used in notifying the entrymen that annual proofs are due, and they should send such notices whenever necessary, without waiting for instructions from the General Land Office. Proof may be Submitted as Soon as Expenditures Made. — 19. Noth- ing in the statutes or regulations should be construed to mean that the entryman must wait until the end of the year to submit his annual proof, because the proof may be properly submitted as soon as the expenditures have been made. Proof sufficient for the three years may be offered whenever the amount of three dollars an acre has been expended in reclaiming and improving the land, and thereafter annual proof will not be required. Final Proof. — 20. The entryman, his assigns, or, in case of death, his heirs or devisees, are allowed four years from date of the entry within which to comply with the requirements of the law as to reclamation and cultivation of the land and to submit final proof, but final proof may be made and patent thereon issued as soon as there has been expended the sum of three dollars per acre in improving, reclaiming, and irrigat- ing the land, and one-eighth of the entire area entered has been actu- ally cultivated with irrigation, and when the requirements of the desert- land laws as to water rights and the construction of the necessary reservoirs, ditches, dams, etc., have been fully complied with. The cul- tivation and irrigation of the one-eighth of the entire area may be had in a body on one legal subdivision or may be distributed over several subdivisions. When an entryman has reclaimed the land and is ready to make final proof, he should apply to the register and receiver for a notice of intention to make such proof. This notice must contain a complete description of the land and must describe the entry by giving the number thereof and the name of the entryman. If the proof is made by an assignee, his name, as well as that of the original entryman, should be stated. It must also show when, where, and before whom the proof is to be made. Four witnesses may be named in this notice, two of whom must be used in making the proof. Notice. — 21. This notice must be published once a week for five suc- cessive weeks in a newspaper of established character and general circulation published nearest the land, and it must also be posted in a conspicuous place in the local land office for the same period of time. 796 hillyer's legal manual. The date fixed for the taking of the proof must be at least thirty days after the date of first publication. Proof of publication must be made by the affidavit of the publisher of the newspaper or by some one au- thorized to act for him. The register will certify to the posting of the notice in the local office. Making Proof. — 22. At the time and place mentioned in the notice, and before the officer named therein, the claimant will appear with two of the witnesses named in the notice and make proof of the reclamation, cultivation, and improvement of the land. This proof may be taken by any one of the officers named in paragraph 11 hereof. All claimants, however, are advised that, whenever possible, they should make proof before the register or receiver, because by doing so, they may, in many instances, avoid such delay as results from the practice whereby proofs submitted before officers other than the register or receiver are fre- quently suspended for investigation by a special agent. Testimony. — The testimony of each claimant should be taken separate and apart from and not within the hearing of either of his witnesses, and the testimony of each witness should be taken separate and apart from and not within the hearing of either the applicant or of any other witness, and both the applicant and each of the witnesses should be required to state, in and as a part of the final proof testimony given by them, that they have given such testimony without any actual knowl- edge of any statement made in the testimony of either of the others. In every instance where, for any reason whatever, final proof is not sub- mitted within the four years prescribed by law, or within the period of an extension granted for submitting such proof, an affidavit should be filed by claimant, with the proof, explaining the cause of delay. Irrigation, Cultivation, and Water Rights — Reclamation and Improve- ment. — 23. The final proof must show specifically the source and volume of the water supply and how it was acquired and how maintained. The number, length, and carrying capacity of all ditches to and on each of the legal subdivisions must also be shown. The claimant and the wit- nesses must each state in full all that has been done in the matter of reclamation and improvement of the land, and must answer fully, of their own personal knowledge, all of the questions contained in the final-proof blanks. They must state plainly whether at any time they saw the land effectually irrigated, and the different dates on which they saw the land irrigated should be specifically stated. One-eighth Portion Irrigated. — 24. AYhile it is not required that all of the land shall have been actually irrigated at the time final proof is made, it is necessary that the one-eighth portion which is required to be cultivated shall also have been irrigated in a manner calculated to produce profitable results, considering the character of the land, the climate, and the kind of crops being grown. Main and Lateral Ditches. — Furthermore, the final proof must clearly show that all of the permanent main and lateral ditches necessary for the irrigation of all the irrigable land in the entry have been con- DESERT LAND REGULATIONS. 797 structed so that water can be actually applied to the land as soon as it is ready for cultivation. If there are any high points or any portions of the land, which for any reason it is not practicable to irrigate, the nature, extent, and situation of such areas in each legal subdivision must be fully stated. If less than one-eighth of a smallest legal subdivision is practically susceptible of irrigation from claimant's source of water supply, such subdivision must be relinquished. Actual Tillage.— 25. As a rule, actual tillage of one-eighth of the land must be shown. It is not sufficient to show only that there has been a marked increase in the growth of grass, or that grass sufficient to support stock has been produced on the land, as a result of irrigation. If, however, on account of some peculiar climatic or soil conditions, no crops except grass can be successfully produced, or if actual tillage will destroy or injure the productive quality of the soil, the actual production of a crop of hay, of merchantable value, will be accepted as sufficient compliance with the requirements as to cultivation. In such cases, however, the facts must be stated, and the extent and value of the crop of hay must be shown, and, as before stated, that same was produced as a result of actual irrigation. Steps Required by Laws of State for Securing Right to Water.— 26. The final proof must also show that the claimant has made the preliminary filings and taken such other steps as are required by the laws of the State or Territory in which the land is located, for the purpose of securing a right to the use of a sufficient supply of water to irrigate successfully all of the irrigable land embraced in his entry. It is a well-settled principle of law in all of the States and Territories in which the desert-land acts are operative, that actual application to a beneficial use of water appropriated from public streams measures the extent of the right to the water, and that failure to proceed with reasonable diligence to make such application to beneficial use, within a reasonable time, constitutes an abandonment of the right. The final proof, therefore, must show that the claimant has exercised such dili- gence as will, if continued, under the operation of this rule, result in his definitely securing a perfect right to the use of sufficient water for the permanent irrigation and reclamation of all of the irrigable land, in his entry. To this end, the proof must at least show that water, which is being diverted from its natural course and claimed for the specific purpose of irrigating the lands embraced in claimant's entry, under a legal right acquired by virtue of his own or his grantor's compliance with the requirements of the State or territorial laws governing the appropriation by individuals of the waters of public streams or other sources of supply, as shown by the record evidence of such right which accompanies the proof, has actually been con- ducted through claimant's main ditches to and upon the land; that one-eighth of the land embraced in the entry has been actually irri- gated and cultivated and that water has been brought to such a point on the land as to readily demonstrate that the entire irrigable area 798 hillyeb's legal manual, may be irrigated from the system and that he is prepared to distribute the water so claimed over all of the irrigable land in each smallest legal subdivision in quantity sufficient for practical irrigation as soon as the land shall have been cleared or otherwise prepared for cultivation. The nature of the work necessary to be performed in and for the prep- aration for cultivation of such part of the land as has not been irri- gated should be carefully indicated, and it should be shown that the said work of preparation is being prosecuted with such diligence as will permit of beneficial application of appropriated water within a reason- able time. Where No Final Adjudication of Water Right can be Secured. — 27. In those States where entrymen have made applications for water rights and have been granted permits, but where no final ad- judication of the water right can be secured from the State author- ities, owing to delay in the adjudication of the watercourses, or other delay for which the entrymen are in no way responsible, proof that the entrymen have done all that is required of them by the laws of the State, together with proof of actual irrigation of one-eighth of the land embraced in their entries, may be accepted. This modification of the rule that the claimant must furnish evidence of an absolute water right will apply only in those States where, under the local laws, it is abso- lutely impossible for the entryman to secure final title to his water right within the time allowed him to submit final proof on his entry, and in such cases the best evidence obtainable must be furnished. Where Final Proof not Made Within Four Years.— 28. Where final proof is not made within the period of four years, or within the period for which an extension of time has been granted, the register and re- ceiver should send the claimant a notice, addressed to him at his post- office address of record, informing him that he will be allowed ninety days in which to submit final proof. Should no action be taken within the time allowed, the register and receiver will report that fact, together with evidence of service, to the General Land Office, whereupon the entry will be canceled. Extension of Time in Submitting Proof Under Certain Conditions. — 29. Under the provisions of the act of March 28, 1908, the period of four years may be extended, in the dis<3retion of the Commissioner of the General Land Office, for an additional period not exceeding three years, if, by reason of some unavoidable delay in the construction of the irrigating works intended to convey water to the land, the entry- man is unable to make proof of reclamation and cultivation required within the four years. This does not mean that the period within which proof may be made will be extended as a matter of course for three years. The statute authorizes the Commissioner of the General Land Office to grant the extension, in his discretion, for such a period as he may deem necessary for the completion of the reclamation, not exceeding three years, but such applications for extension will not be granted unless it be clearly shown that the failure to reclaim and culti- DESERT LAND REGULATIONS. 799 vate the land within the regular period of four years was due to no fault on the part of the entryman, but to some unavoidable delay in the construction of the irrigation works, for which he was not respon- sible and could not have readily foreseen. Under no other condition is an extension of time to make final proof authorized, except in cases falling under section 5 of the act of June 27, 1906, pertaining to the entry of land w^ithin the limits of reclamation projects. Application for Extension. — An entryman who desires to make appli- cation for extension of time under the provisions of the act of March 28, 1908, should file with the register and receiver an affidavit setting forth fully the facts, showing how and why he has been prevented from making final proof of reclamation and cultivation within the regular period. This affidavit should be executed before one of the officers named in paragraph 11 of this circular and must be corrobo- rated by two witnesses who have personal knowledge of the facts, and the register and receiver, after carefully considering all of the facts, will forward the application to the General Land Office, with appro- priate recommendation thereon. Inasmuch as registers and receivers reside in their respective districts, they are presumed to have more or less personal knowledge of the conditions existing therein, and for that reason much weight will be given their recommendations. Payments — Fees. — 30. At the time of making final proof the claimant must pay to the receiver the sum of one dollar per acre for each acre of land upon which proof is made. This, together with the twenty-five cents per acre paid at the time of making the original entry, will amount to one dollar and twenty-five cents per acre, which is the price to bo paid for all lands entered under the desert-land law, regardless of their location. The receiver w411 issue a receipt for the money paid, and, if the proof is satisfactory, the register will issue a certificate in duplicate and deliver one copy to the entryman and forward the other co[)y to the General Land Office at the end of the month during which the certificate was issued. Final Certificate to Heirs or Devisees. — If the entryman is dead and proof is made by anyone for the heirs, no will being suggested in the record, the final certificate should issue to the heirs generally, without naming them; if by anyone for the heirs or devisees, final certificate should issue, in like manner, to the heirs or devisees. Final Proof on Entry Prior to Act of March 28, 1908.— When final proof is made on an entry made prior to the act of March 28, 1908, for unsurveyed land, if such proof is satisfactory, the register and receiver will approve the same and forward it to the General Land Office without collecting the final payment of one dollar an acre and without issuing final certificate. Fees for reducing the final proof testimony to writing should be collected and receipt issued therefor, if the proof is taken before the register and receiver. As soon as the land is surveyed they will call upon the entryman to make proof, in the form of an affidavit, duly corroborated, showing the legal subdivisions covered by his entry. 800 When this has been done the register and receiver will, in the absence of conflict or other objection, correct their records so as to make them describe the land by legal subdivisions, and, if final proof has been made and found satisfactory and no other objections exist, final papers should be issued upon payment of the proper amount. Fees and Comiuissions. — 31. No fees or commissions are required of persons making entry under the desert-land laws, except such fees as are paid to the officers for taking the affidavits and proofs. The only payments made to the government are the original payment of twenty- five cents an acre at the time of making the application and the final payment of one dollar an acre, to be paid at the time of making final proof. Where final proofs are made before the register or receiver in California, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, Arizona, Utah, Wyoming, and Montana they will be entitled to receive, jointly, twenty-two and one-half cents for each one hundred words of testimony reduced to writing ; in all other States they will be allowed fifteen cents per one hundred words for such service. The United States commissioners. United States court commissioners, judores. and clerks are not entitled to receive a greater sum than twenty-five cents for each oath administered by them, except that they are entitled to receive one dollar for administering the oath to each entryman and each final proof witness where final proof testimony has been reduced to writing by them. Contests and Relinquishments — Contests. — 32. Contests may be initi- ated against a desert-land entry for illegal inception, abandonment, or failure to comply with the law after entry. Successful contestants will be allowed a preference right of entry for thirty days after notice of the cancellation of the contested entry, in the same manner as in home- stead cases, and the register will give the same notice and is entitled to the same fee for notice as in other cases. However, see, in this connec- tion, the act of June 25, 1910. Relinquishments. — 33. A desert-land entry may be relinquished at any time by the party owning the same, and when relinquishments are filed in the local land office the entries will be canceled by the register and receiver in the same manner as in homestead, pre-emption, and other cases, under the first section of the act of May 14, 1880. Desert-land Entries Within a Reclamation Project. — 34. By section 5 of the act of June 27, 1906, it is provided that any desert-land entryman who has been or may be directly or indirect!}^ hindered or prevented from making improvements on or from reclaiming the lands embraced in his entry, by reason of the fact that such lands have been embraced within the exterior limits of any withdrawal under the reclamation act of June 17, 1902, will be excused during the continuance of such hin- drance from complying with the provisions of the desert-land laws. Persons Affected. — 35. This act applies only to persons who have been, directly or indirectly, delayed or prevented, by the creation of any reclamation project or by any withdrawal of public lands under the DESERT LAND REGULATIONS. 801 reclamation act, from improving or reclaiming the lands covered by their entries. Affidavit Showing Right to be Excused. — 36. No entryman will be excused under this act from a compliance with all of the requirements of the desert-land law until he has filed in the local land office for the district in which his lands are situated an affidavit showing in detail all of the facts upon which he claims the right to be excused. This affi- davit must show when the hindrance began, the nature, character, and extent of the same, and it must be corroborated by two disinterested persons, who can testify from their own personal knowledge. Engineer's Report. — 37. The register and receiver will at once for- ward the application to the engineer in charge of the reclamation pro- ject under which the lands involved are located and request a report and recommendation thereon. Upon the receipt of this report the register and receiver will forward it, together w^ith the applicant's affidavit and their recommendation, to the General Land Office, where it will receive appropriate consideration and be allowed or denied, as the circum- stances may justify. Extension of Time for Making Annual Proof. — 38. Inasmuch as entry- men are allowed one year after entry in which to submit the first annual proof of expenditures for the purpose of improving and reclaiming the land entered by them, the privileges of this act are not necessary in connection with annual proofs until the expiration of the years in which such proofs are due. Therefore, if at the time that annual proof is due it cannot be made, on account of hindrance or delay occasioned by a withdrawal of the land for the purpose indicated in the act, the appli- cant will file his affidavit explaining the delay. As a rule, however, annual proofs may be made, notwithstanding the withdrawal of the land, because expenditures for various kinds of improvements are allowed as satisfactory annual proofs. Therefore an extension of time for making annual proof will not be granted unless it is made clearly to appear that the entryman has been delayed or prevented by the with- drawal from making the required improvements; and, unless he has been so hindered or prevented from making the required improve- ments, no application for extension of time for making final proof will be granted until after all the yearly proofs have been made. Final Proof. — 39. An entryman will not need to invoke the privileges of this act in connection with final proof until such final proof is due, and if at that time he is unable to make the final proof of reclamation and cultivation as required by law, and such inability is due, directly or indirectly, to the withdrawal of the land on account of a reclamation project, the affidavit explaining the hindrance and delay should be filed in order that the entryman may be excused for such failure. Time not Computed. — 40. When the time for submitting final proof has arrived and the entryman is unable, by reason of the withdrawal of the land, to make such proof, upon proper showing, as indicated herein, 51 802 hillyer's legal manual. he will be excused, and the time during which it is shown that he has been hindered or delayed on account of the withdrawal of the land will not be computed in determining the time within which final proof must be made. Notice of Abandonment of Project. — 41. If after investigation the irrigation project has been or may be abandoned by the government, the time for compliance with the law by the entryman will begin to run from the date of notice of such abandonment of the project and of the restoration to the public domain of the lands which had been with- drawn in connection with the project. Reclamation Project Carried to Completion. — If, however, the recla- mation project is carried to completion by the government and a water supply has been made available for the land embraced in such desert- land entry, the entryman must comply with all the provisions of the act of June 17, 1902, and must relinquish all the land embraced in his entry in excess of 160 acres, and upon making final proof and complying with the terms of payment prescribed in said act of June 17, 1902, he shall be entitled to patent. Entryman may Proceed Independently. — 42. Special attention is called to the fact that nothing contained in the act of June 27, 1906, shall be construed to mean that a desert-land entryman who owns a water right and reclaims the land embraced in his entry must accept the conditions of the reclamation act of June 17, 1902, but he may proceed independently of the government's plan of irrigation and acquire title to the land embraced in his desert-land entry by means of his own system of irrigation. Entrymen Who Expect to Secure Water from the Government. — 43. Desert-land entrymen within exterior boundaries of a reclamation project, who expect to secure water from the government must relin- quish all of the lands embraced in their entries in excess of 160 acres whenever they are required to do so through the local land office and must reclaim one-half of the irrigable area covered by their water right in the same manner as private owners of land irrigated under a recla- mation project. Previous Rulings Vacated. — 44. All previous rulings and instruc- tions not in harmony herewith are hereby vacated. STATUTES. An Act to Provide for the Sale of Desert Lands in Certain States and Territories. Declaration — Appropriation of Water. — It shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his decla- ration to become such" and upon payment of twenty-five cents per acre — to file a declaration under oath with the register and the receiver DESERT LAND LAWS. 803 of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one half-section, by con- ducting water upon the same, within the period of four years there- after: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appro- priation ; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appro- priation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him : Provided, That no person shall be permitted to enter more than one tract of land and not to exceed 320 acres, which shall be in compact form. (26 Stat. L. 1095.) Desert Lands. — That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands within the meaning of this act, which fact shall be ascertained by proof of two or more credible wit- nesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. (19 Stat. Lf. 377.) States Affected. — That this act shall only apply to and take effect in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commis- sioner of the General Land Office. (19 Stat. L. 377.) Map. — That at the time of filing the declaration hereinbefore re- quired the party shall also file a map of said land which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections or fractional parts of sections of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improve- ments. (26 Stat. L. 1095.) 804 HILLYER^S LEGAL MANUAL. Expenditures — Proofs.— That no land shall be patented to any per- son under this act unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and pat- ented in the manner following: Within one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre dur- ing the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year with the register, proof, by the affidavits of two or more credible witnesses, that the full sum of one dollar per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid, the lands shall revert to the tjnited States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre : Provided, That proof be further required of the cultivation of one-eighth of the land. (26 Stat. L. 1095.) Rights Heretofore Accrued. — That this act shall not affect any valid rights heretofore accrued under said act of March 3, 1877, but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said act, in the same manner, upon the same terms and conditions, and subject to the same limitations, for- feitures, and contests as if this act had not been passed ; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said act, as amended by this act, so far as applicable; and all acts and parts of acts in comflict with this act are hereby re- pealed. (26 Stat. L. 1095.) Patent. — That at any time after filing the declaration, and within the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substan- tially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the additional sum of one dollar per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold, b}^ assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands ; but this section shall not apply to entries DESERT LAND LAWS. 805 made or initiated prior to the approval of this act : Provided, however, That additional proofs may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding act shall be subject to contest, as provided by the law relating to homestead cases, for illegal inception, abandonment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands and moneys paid there- for shall be forfeited to the United States. (26 Stat. L. 1095.) Entryman must be Resident Citizen. — That the provisions of the act to which this is an amendment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located. (26 Stat. L. 1095.) Entryman Hindered by Withdrawal or Irrigation Project. — Where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the act entitled ''An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the recla- mation of arid lands," approved June 17, 1902, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project, the time during which the desert-land entryman has been or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make im- provements or reclaim the land embraced within any such desert-land entry. (34 Stat. L. 520.) Abandonment of Project. — Provided, That if after investigation the irrigation project has been or may be abandoned by the government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands with- drawn in connection therewith, and credit shall be allowed for all ex- penditures and improvements heretofore made on any such desert -land entry of which proof has been filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry, the entryman shall there- upon comply with all the provisions of the aforesaid act of June 17, 1902, and shall relinquish all land embraced within his desert-land entry in excess of one hundred and sixty acres, and as to such one hundred and sixty acres retained, he shall be entitled to make final proof and obtain patent upon compliance with the terms of payment prescribed in said act of June 17, 1902, and not otherwise. But noth- ing herein contained shall be held to require a desert-land entryman 806 hillyer's legal manual. who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation act. (34 Stat. L. 520.) Second Desert-land Entry. — Any person who prior to the passage of this act has made entry under the desert-land laws, but from any cause has lost, forfeited, or abandoned the same, shall be entitled to the benefits of the desert-land law as though such former entry had not been made, and any person applying for a second desert-land entry under this act shall furnish the description and date of his former entry : Provided, That the provisions of this act shall not apply to any person whose former entry was assigned in whole or in part or can- celed for fraud, or who relinquished the former entry for a valuable consideration. (35 Stat. L. 48.) Entry of Desert Lands Restricted to Surveyed Public Lands. — From and after the passage of this act the right to make entry of desert lands under the provisions of the act approved March 3, 1877, entitled, ''An act to provide for the sale of desert lands in certain States and Terri- tories," as amended by the act approved March 3, 1891, entitled ''An act to repeal timber culture laws, and for other purposes," shall be restricted to surveyed public lands of the character contemplated by said acts, and no such entries of unsurveyed lands shall be allowed or made of record. (35 Stat. L. 52.) Preference Rigfht. — Provided, however. That any individual qualified to make entry of desert lands under said acts who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has re- claimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said acts, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office. (35 Stat. L. 52.) Assignment of Entry. — That from and after the date of the passage of this act no assignment of an entry made under said acts shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said acts of the land covered by the assigned entry, and such assignments may include all or part of an entry ; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized. (35 Stat. L. 52.) Extension of Time. — ^That any entryman under the above acts who shall show to the satisfaction of the Commissioner of the General Land Office that he has in good faith complied with the terms, requirements, and provisions of said acts, but that because of some unavoidable delay in the construction of the irrigating works, intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said acts, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion DESERT LAND LAWS. 807 of the Commissioner of the General Land Office, within which to fur- nish proof, as required by said acts, of the completion of said work. (35 Stat. L. 52.) RELIEF OF ASSIGNEES IN IMPERIAL COUNTY. Assignment Recognized. — Any person, other than a corporation, who has in ^ood faith heretofore acquired by assignment a desert-land entry, which entry is regular upon its face, in the belief that he was obtaining a valid title thereto, which assignment was accepted when filed at the local land office of the United States and recognized at the General Land Office as a proper transfer of such entry, shall be entitled to complete the entry so acquired, notwithstanding any contest that has been or may be filed against such entry, based upon a charge of fraud of which the assignee had no knowledge. Notice of Fraud. — Provided, however, That this act shall only apply to any person who at the time of receiving such assignment was with- out notice of any fraud in the entry assigned or in any annual proof made concerning the same. Patent to Assignee. — ^Provided, further, That patent shall not issue to any such assignee unless he shall affirmatively establish, bj^ his evi- dence, under oath, good faith and lack of notice of fraud, and by the testimony, under oath, of himself and at least two witnesses that expenditure in the total amount and cultivation and reclamation to the full extent required by law have been actually made and accom- plished : And provided, further. That nothing herein contained shall be construed to waive or avoid liability for any fraud or violation of the law on the part of the person committing the same. Persons Permitted to Complete Title Notwithstanding Contest. — That where a person having made entry under the desert-land law was thereafter permitted by the Land Department to hold another entry or entries by assignment, or where a person having previously perfected title under assignment of a desert-land entry, or having held land under assignment to the amount of three hundred and twenty acres or more at different times, was thereafter permitted by the Land Department to make an entry in his own right, or to hold other lands under assignment, such persons, or their lawful assignees, shall be, upon showing full compliance with all requirements of existing law as to expenditure, reclamation, and cultivation, permitted to complete title to the land now held by them, notwithstanding any contest that may have been or may hereafter be filed against the entry based upon the charge that the present claimant has exhausted his right under the desert-land law by reason of having previously made an entry or held land under an assignment as above detailed; Provided, however, That this section shall not be applicable to entries made or taken by assignment subsequently to November 30, 1908; Provided, further, That no person shall be entitled to the benefits of either the first or second section of this act who has heretofore acquired title to three 808 hundred and twenty acres of land under the desert-land laws; nor shall this act be construed to modify in any manner the provisions of the act of August 30, 1890 (Twenty-sixth Statutes, 391), and the seven- teenth section of the act of March 3, 1891 (Twenty-sixth Statutes, 1095), restricting the quantity of lands that may be acquired under the agricultural land laws. The provisions of this act shall apply to Imperial County, Califor- nia, only. (Act of June 25, 1910.) UNITED STATES LAND OFFICE— RULES OF PRACTICE. I. PROCEEDINGS BEFORE REGISTERS AND RECEIVERS. Rule 1. Initiation of Contests. — Contests may be initiated by any person seeking to acquire title to, or claiming an interest in, the land involved, against a party to any entry, filing, or other claim under laws of Congress relating to the public lands, because of priority of claim, or for any sufficient cause affecting the legality or validity of the claim, not shown by the records of the Land Department. Reference and Investigation. — Any protest or application to contest filed by any other person shall be forthwith referred to the Chief of Field Division, who will promptly investigate the same and recommend appropriate action. APPLICATION TO CONTEST. Rule 2. Contents of Application. — Any person desiring to institute contest must file, in duplicate, with the register and receiver, applica- tion in that behalf, together with statement under oath containing: (a) Name — Residence of Party. — Name and residence of each party adversely interested, including the age of each heir of any de- ceased entryman. (b) Description — Character of Land. — Description and character of the land involved. (c) Proceedings Pending. — Reference, so far as known to the appli- cant, to any proceedings pending for the acquisition of title to or the use of such lands. (d) Grounds of Contest. — Statement, in ordinary and concise lan- guage, of the facts constituting the grounds of contest. (e) Statement of Law and Facts. — Statement of the law under which applicant intends to acquire title and facts showing that he is qualified to do so. (f ) Good Faith. — That the proceeding is not collusive or speculative, but is instituted and will be diligently pursued in good faith. (g) Application to Prove. — Application that affiant be allowed to prove said allegations and that the entry, filing, or other claim be canceled'. LAND OFFICE RULES. 809 (h) Address. — Address to which papers shall be sent for service on such applicant. Rule 3. One Witness. — The statements in the application must be corroborated by the affidavit of at least one witness. Rule 4. Contest Without Reference. — The register and receiver may allow any application to contest without reference thereof to the com- missioner; but they must immediately forward eopy thereof to the Commissioner of the General Land Office, who will promptly cause proper notations to be made upon the records, and no patent or other evidence of title shall issue until and unless the case is closed in favor of the contestee. CONTEST NOTICE. Rule 5. Contest Notice. — ^The register and receiver shall act promptly upon all applications to contest and upon the allowance of any such application shall issue notice, directed to the persons adversely interested, containing : (a) Contents. — The names of the parties, description of the land in- volved, and identification, by appropriate reference, of the proceeding against which the contest is directed. (b) Direction to Answer. — Notice that unless the adverse party appears and answers the allegation of said contest within thirty days after service of notice the allegations of the contest will be taken as confessed. SERVICE OF NOTICE. Rule 6. How Served. — Notice of contest may be served on the ad- verse party personally or by publication. Rule 7. Personal Service. — Personal service of notice of contest may be made by any person over the age of eighteen years, or by registered mail; when served by registered mail, proof hereof must be accom- panied by postoffice registry return receipt, showing personal delivery to the party to whom the same is directed; when service is made per- sonally, proof thereof shall be by written acknowledgment of the person served, or by affidavit of the person serving the same, showing personal delivery to the party served; except when service is made by publication, copy of the affidavit of contest must be served with such notice. Rule 8. Abatement of Contest. — Unless notice of contest is person- ally served within thirty days after issuance of such notice and proof thereof made not later than thirty days after such service, or if ser- vice by publication is ordered, unless publication is commenced within ten days after such order and proof of publication is made not later than twenty days after the fourth publication, as specified in Rule 10, the contest shall abate : Provided, That if the defendant makes answer without questioning the service or the proof of service of said notice, the contest will proceed without further requirement in those par- ticulars. 810 HILLYER^S LEGAL MANUAL. SERVING NOTICE BY PUBLICATION. Rule 9. Notice by Publication. — Notice of contest may be given by publication only when it appears, by affidavit, by or on behalf of the contestant, filed within thirty days after the allowance of application to contest and within ten days after its execution, that the adverse party cannot be found, after due diligence and inquiry, made for the purpose of obtaining service of notice of contest within fifteen days prior to the presentation of such affidavit, of the postmaster at the place of address of such adverse party appearing on the records of the Land Office, and of the postmaster nearest the land in controversy and also of named persons residing in the vicinity of the land. Address of the Adverse Party. — Such affidavit must state the last address of the adverse party as ascertained by the person executing the same. Published Notice. — The published notice of contest must give the names of the parties thereto, description of the land involved, identification, by appropriate reference, of the proceeding against which the contest is directed, the substance of the charges contained in the affidavit of contest, and a statement that, upon failure to answer within twenty days after the completion of publication of such notice, the allegations of said affidavit of contest will be taken as confessed. Affidavit of Contest. — The affidavit of contest need not be published. Statement of Dates. — There shall be published with the notice a statement of the dates of publication. Rule 10. Service of Notice — Newspaper. — Service of notice by publication shall be made by publishing notice at least once a week for four successive weeks in some newspaper published in the county wherein the land in contest lies; and if no newspaper be printed in such county, then in a newspaper printed in the county nearest to such land. Copy by Registered Mail. — Copy of the notice, as published, together wdth copy of the affidavit of contest, shall be sent by the contestant, within ten days after the first publication of such notice, by registered mail, directed to the party for service upon whom such publication is being made, at the last address of such party as shown by the records of the Land Office, and also at the address named in the affidavit for publication, and also at the postoffice nearest the land. Copy Posted. — Copy of the notice, as published, shall be posted in the office of the register, and also in a conspicuous place, upon the land involved, such posting to be made within ten days after the first pub- lication of notice as hereinabove provided. Rule 11. Proof of Publication. — Proof of publication of notice shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher, or foreman, of the newspaper publishing the same, showing the publication thereof in accordance with these rules. LAND OFFICE RULES. 811 Proof of Posting. — Proof of posting shall be by affidavit of the per- son who posted notice on the land, and the certificate of the register as to posting in the local land office. DEFECTIVE SERVICE OF NOTICE. Rule 12. Contest not to Abate. — No contest proceeding shall abate because of any defect in the manner of service of notice in any case vrhere copy of the notice or affidavit of contest is shown to have been received by the person to be served ; but in such case the time to answer may be extended in the discretion of the register and receiver. ANSWER BY CONTESTEE. Rule 13. Time and Manner of Answering. — Within thirty days after personal service of notice and affidavit of contest as above provided, or, if service is made by publication, within twenty days after the fourth publication, as prescribed by these rules, the party served must file with the register and receiver answer, under oath, specifically meet- ing and responding to the allegations of the contest, together with proof of service of a copy thereof upon the contestant by delivery of such copy at the address designated in the application to contest, or personally in the manner provided for the personal service of notice of contest. Address for Service upon Party Answering. — Such answer shall con- tain or be accompanied by the address at which all notices or other papers shall be sent for service upon the party answering. FAILURE TO ANSWER. Rule 14. Affidavit Taken as Confessed — Upon the failure to serve and file answer as provided by Rule 13, the allegations of the contest affidavit will, on motion of contestant made within twenty days after the date the answer is required to be filed and before any answer is filed, be taken as confessed, or in case of failure of contestee to file answer and of contestant to file motion within the time prescribed, the allegation of the contest affidavit may be taken as confessed and judg- ment entered by the Commissioner of the General Land Office without the award of preference right to contestant. Due service of notice, either personally or by publication, as provided by Rule 8, must appear in all such cases. At the end of the period herein prescribed the reg- ister and receiver will forthwith forward the case, with recommenda- tion thereon, to the General Land Office and notify the parties by registered mail of the action taken. DATE AND NOTICE OF TRIAL. Rule 15. By Registered Letter. — ^Upon the filing of answer and proof of service thereof the register and receiver will forthwith fix time and place for taking testimony and notify all parties thereof by registered letter mail not less than twenty days in advance of the date fixed. 812 hillyer's legal manual. PLACE OF SERVICE OF PAPERS. Rule 16. Proof of delivery of papers required to be served upon the contestant at the place designated under clause (h) of Rule 2, in the application to contest, and upon any adverse party at the place designated in the answer, or at such other place as may be designated in writing by the person to be served, shall be sufficient for all pur- poses; and, where notice of contest has been given by registered mail, and the registry return receipt shows the same to have been received by the adverse party, proof of delivery at the address at which such notice was so received, shall, in the absence of other direction by such adverse party, be sufficient. Where a party has appeared and is represented by counsel, service of papers upon such counsel shall be sufficient. CONTINUANCE. Rule 17. When Granted. — Hearing may be postponed because of absence of a material witness when the party applying for continuance makes affidavit, and it appears to the satisfaction of the officer presid- ing at such hearing, that — (a) Matter Material. — The matter to which such witness would testify if present is material. (b) Diligence. — That proper diligence has been exercised to procure his attendance, and that his absence is without procurement or consent of the party on whose behalf continuance is sought. (c) Attendance can be had. — That affiant believes the attendance of said witness can be had at the time to which continuance is sought. (d) Delay. — That the continuance is not sought for mere purposes of delay. Rule 18. One Continuance Only. — One continuance only shall be allowed to either party on account of absence of witnesses, unless the party applying for further continuance shall, at the same time, apply for order to take the testimony of the alleged absent witnesses by deposition. Rule 19. When Refused. — No continuance shall be granted if the opposite party shall admit that the witness, on account of whose ab- sence continuance is desired, would, if present, testify as stated in the application for continuance. Continuances on Behalf of the United States. — Continuances will be granted on behalf of the United States when the public interest re- quires the same, without affidavit on the part of the Government. DEPOSITIONS AND INTERROGATORIES. Rule 20. When Taken. — Testimony may be taken by deposition when it appears by affidavit that — (a) Witness Resides More Than 50 Miles. — The witness resides more than 50 miles, by the usual traveled route, from the place of trial. LAND OFFICE RULES. 813 (b) Witness Without or About to Leave State.— The witness resides without, or is about to leave, the State or Territory, or is absent there- from. (c) Witness Unable, or will Refuse to Attend the Hearing.— From any cause it is apprehended that the witness may be unable to, or will refuse to, attend the hearing, in which case the deposition will be used only in the event personal attendance of the witness cannot be obtained. Rule 21. Affidavit for Taking Deposition — Interrogatories. — The party desiring to take deposition must serve upon the adverse party and file with the register and receiver, affidavit setting forth the name and address of the witness and one or more of the above-named grounds for taking such deposition, and that the testimony sought is material; which affidavit must be accompanied by proposed interroga- tories to be propounded to the witness. Rule 22. Cross-interrogatories. — The adverse party will, within ten days after service of affidavit and interrogatories, as provided in the preceding rule, serve and file cross-interrogatories. Rule 23. Commission. — After the expiration of ten days from the service of affidavit for the taking of deposition and direct interroga- tories, commission to take the deposition shall be issued by the register and receiver directed to any officer authorized to administer oaths within the county where such deposition is to be taken, which commis- sion shall be accompanied by a copy of all interrogatories filed. Notice of Taking Deposition. — Ten days' notice of the time and place of taking such deposition shall be given, by the party in whose behalf such deposition is to be taken, to the adverse party. Rule 24. Manner of Taking Deposition. — The officer before whom such deposition is taken shall cause each interrogatory to be written out, and the answer thereto inserted immediately thereafter, and said deposition, when completed, shall be read over to the witness and by him subscribed and sworn to in the usual manner before the witness is discharged, and said officer will thereupon attach his certificate to said deposition, stating that the same was subscribed and sworn to at the time and place therein mentioned. Rule 25. Return of Deposition. — The deposition, when completed and certified as aforesaid, together with the commission and interroga- tories, must be inclosed in a sealed package, indorsed with the title of the proceeding in which the same is taken, and returned by mail or express to the register and receiver, who will indorse thereon the date of reception thereof, and the time of opening said deposition. Rule 26. Certificate of Official Character. — If the officer designated to take the deposition has no official seal, certificate of his official char- acter under seal must accompany the return of the deposition. Rule 27. Deposition by Stipulation. — Deposition may, by stipula- tion filed with the register and receiver, be taken before any officer 814 authorized to administer oaths, and either by oral examination or upon written interrogatories. Rule 28. Testimony Before Commissioner. — Testimony may, by order of the repfister and receiver and after such notice as they may direct, be taken by deposition before a United States commissioner, or other officer authorized to administer oaths near the land in contro- versy, at a time and place to be designated in a notice of such taking of testimony. The officer before v^^hom such testimony is taken v^rill, at the completion of the taking thereof, cause the same to be certified to, sealed, and transmitted to the register and receiver in the like manner as is provided with reference to depositions. Rule 29. Charge for Examining Testimony. — No charge will be made by the register and receiver for examining testimony taken by deposition. Rule 30. Fees for Taking Testimony.— Officers designated to take testimony will be allowed to charge such fees as are chargeable for similar services in the local courts, the same to be taxed in the same manner as costs are taxed by registers and receivers. Rule 31. When Officer Designated cannot Act. — When the officer designated to take deposition cannot act at the time fixed for taking the same, such deposition may be taken at the same time and place before any other qualified officer designated for that purpose by the officer named in the commission or by agreement of the parties. Rule 32. Order for Taking Testimony. — No order for the taking of testimony shall be issued until after the expiration of time allowed for the filing of answer. TRIALS. Rule 33. Excluding Witnesses. — The register and receiver and other officers taking testimony may exclude from the trial all witnesses except the one testifying and the parties to the proceeding. Rule 34. Register and Receiver to Personally Direct Examination. The register and receiver will be careful to reach, if possible, the ex- act condition and status of the land involved in any contest, and will ascertain all the facts having any bearing upon the rights of parties in interest ; to this end said officers should, whenever necessary, per- sonally interrogate and direct the examination of a witness. Rule 35. Pre-emption Cases. — In pre-emption cases the register and receiver will particularly ascertain the nature, extent, and value of alleged improvements ; by whom made, and when ; the true date of the settlement of persons claiming; the steps taken to mark and secure the claim; and the exact status of the land at that date as shown upon the records of their office. Rule 36. Under Homestead and Other Laws. — In like manner, under the homestead and other laws, the conditions affecting the in- ception of the alleged right, as well as the subsequent acts of the respective claimants, must be fully and specifically examined. LAND OFFICE RULES. 815 Rule 37. Cross-examination.— Due opportunity will be allowed opposing claimants to cross-examine witnesses. Rule 38. Objections to Evidence.— Objections to evidence will be duly noted, but not ruled upon, by the register and receiver, and such objections will be considered by the commissioner. Officers before whom testimony is taken will summarily stop examination which is obviously irrelevant. Rule 39. Testimony to be Reduced to Writing.— At the time set for hearing, or at any time to which the trial may be continued, the testi- mony of all the witnesses present shall be taken and reduced to writing. Shorthand. — When testimony is taken in shorthand the stenographic notes must be transcribed, and the transcription subscribed by the witness and attested by the officer before whom the testimony was taken : Provided, however. That w^hen the parties shall, by stipulation, filed with the record, so agree, or when the defendant has failed to appear, or fails to participate in the trial, and the contestant shall in writing so request, such subscription may be dispensed with. Certificate. — The transcript of testimony shall, in all cases, be accompanied by certificate of the officer or officers before whom the same was taken showing that each witness was duly sworn before testifying, and, by affidavit of the stenographer who took the testi- mony, that the transcription thereof is correct. Rule 40. Demurrer to Evidence. — If a defendant demurs to the sufficiency of the evidence, the register and receiver will forthwith rule thereon. If such demurrer is overruled, and the defendant elects to introduce no evidence, no further opportunity will be afforded him to submit proofs. Ruling Thereon. — When testimony is taken before an officer other than the register and receiver, demurrer to the evidence will be received and noted, but no ruling made thereon, and the taking of evidence on behalf of the defendant will be proceeded with; the register and receiver will rule upon such demurrer when the record is submitted for their consideration. Effect of Ruling. — If said demurrer is sustained, the register and receiver will not be required to examine the defendant's testimony. If, however, the demurrer be overruled, all the evidence will be con- sidered and decision rendered thereon. Joint Report. — Upon the completion of the evidence in a contest pro- ceeding, the register and receiver will render joint report and opinion thereon, making full and specific reference to the posting and annota- tions upon their records. Rule 41. New Trial. — The register and receiver will, in writing, notify the parties to any proceeding of the conclusion therein, and that fifteen days will be allowed from the receipt of such notice to move for new trial upon the ground of newly discovered evidence, and that 816 HILLYER^S LEGAL MANUAL. if no motion for new trial is made, thirty days will be allowed from the receipt of such notice within which to appeal to the commissioner. NEW TRIAL. Rule 42. Newly Discovered Evidence. — The decision of the register and receiver will be vacated and new trial granted only upon the ground of newly discovered evidence, in accordance with the prac- tice applicable to new trials in courts of justice: Provided, however, That no such application shall be granted except upon showing that the substantial rights of the applicant have been injuriously affected. No Appeal from Order Granting New Trial. — No appeal will be allowed from an order granting new trial, but the register and receiver will proceed at the earliest practicable time to retry the case, and will, so far as possible, use the testimony theretofore taken without re- examination of same witnesses, confining the taking of testimony to the newly discovered evidence. Rule 43. Notice of Motion for New Trial. — Notice of motion for new trial, setting forth the grounds thereof, and accompanied by copies of all papers not alread}^ on file to be used in support of such motion, shall be served upon the adverse party, and, together with proof of service, filed with the register and receiver not more than fifteen days after notice of decision; the adverse party shall, within ten days after such notice, serve and file affidavits or other papers to be used by him in opposition to such motion. Rule 44. Review of Decision Thereof. — Motions for new trial will not be considered or decided in the first instance by the commissioner or the Secretary of the Interior, or otherwise than on review of the decision thereof by the register and receiver. Rule 45. Letter of Transmittal. — If motion for new trial is not made, or if made and not allowed, the register and receiver will, at the expiration of the time for appeal, promptly forward the same, with the testimony and all papers in the case, to the commissioner, with letter of transmittal, describing the case by its title, nature of the contest, and the land involved. The local officers will not, after forwarding of decision, as above provided, take further action in the case unless so instructed by the commissioner. FINAL PROOF PENDING CONTEST. Rule 46. Where Trial has Taken Place. — Where trial of a contest brought against any entry or filing has taken place, the entryman may submit final proof and complete the same, with the exception of pay- ment of the purchase money or commission, as the case may be; such final proof will be retained in the local ofiice, and, should the entry be adjudged valid, will, if satisfactory, be accepted upon payment of the purchase money or commissions, and final certificate will issue without further action on the part of the entryman, except the furnishing by LAND OFFICE RULES. 817 him, or in case of his death by his legal representatives, of nonaliena- tion affidavit. Fees for Reducing Testimony to Writing. — In such cases the party making the proof will at the time of submitting same be required to pay the fees for reducing the testimony to writing. APPEALS TO COMMISSIONER. Rule 47. Notice Thereof. — No appeal from the action or decision of the register and receiver will be considered unless notice thereof is served and filed with the local officers in the manner and within the time specified in these rules. Rule 48. How Served and Filed. — Notice of appeal from the de- cision of the register and receiver shall be served and filed with such register and receiver within thirty days after receipt of notice of decision: Provided, however, That when motion for new trial is pre- sented and denied, notice of such appeal shall be served within fifteen days after receipt of notice of the denial of said motion. Rule 49. Who may not Appeal. — No person w^ho has failed to an- swer the contest affidavit, or, having answered, has failed to appear at the hearing, shall be allowed an appeal from the final action or decision of the register and receiver. Rule 50. Contents of Notice. — Such notice of appeal must be in writing, and set forth in clear, concise language the grounds of the appeal; if such appeal be taken upon the ground of insufficiency of the evidence to justify the decision, the particulars of such insufficiency must be specifically set forth in the notice, and, if error of law is urged as a ground for such appeal, the alleged error must be likewise specified. Failure to Serve and File Notice of Appeal. — ^Upon failure to serve and file notice of appeal as herein provided the case will be closed. Rule 51. Failure to Move or Appeal in Time. — When any party fails to move for a new trial or to appeal from the decision of the register and receiver within the time specified, such decision shall, as to such party, be final and will not be disturbed except in case of — (a) Fraud or gross irregularity. (b) Disagreement in the decision between the register and receiver. No case will be remanded for any defect which does not materially affect the aggrieved party. Rule 52. Custody of Papers. — All documents received by the local officers must be kept on file and the date of filing noted thereon; no papers will, under any circumstances, be removed from the files or from the custody of the register and receiver, but access to the same, under proper regulations, and so as not to interfere with transaction of public business, will be permitted to the parties or their attorneys. 52 818 COSTS AND APPORTIONMENT THEREOF. Rule 53. Who must Pay. — A contestant claiming preference right of entry under the second section of the act of May, 14, 1880 (21 Stat. 140), must pay the costs of contest; in other cases each party must pay the cost of taking the direct examination of his own witnesses and the cross-examination on his behalf of other witnesses. The cost of noting motions, objections, and exceptions must be paid by the party on whose behalf the same are made. Rule 54. Accumulation of Costs. — Accumulation of excessive costs will not be permitted. When the officer before whom testimony is being taken shall rule that a course of examination is irrelevant, the same will not proceed except at the sole cost of the party insisting thereon and upon his depositing the amount reasonably sufficient to pay therefor. Rule 55. Where Party Contesting Establishes Right of Entry With- out Reference to Act of May, 1880. — Where a party contesting a claim shall by virtue of actual settlement and improvement establish his right of entry of the land in contest under the pre-emption, home- stead, or desert-land laws by virtue of settlement and improvement without reference to the act of May 14, 1880, the costs of contest will be imposed as prescribed in the second clause of Rule 53. Rule 56. Contest Fees or Costs Allowed. — The only costs of contest chargeable by registers and receivers are the legal fees for reducing testimony to writing. No other contest fees or costs will be allowed to or charged by those officers, directly or indirectly. Rule 57. Security for Costs. — Registers and receivers may at any time require either party to give security for costs, including expense of taking and transcribing testimony. Rule 58. Excess. — Upon the filing of the transcript of the testi- mony in the local office, any excess in the sum deposited as security for costs of transcribing testimony will be returned to the parties de- positing the same. Rule 59. Hearings on Behalf of Government. — When hearings are ordered on behalf of the Government, all costs incurred on its behalf will be paid from the proper appropriation, and when, upon the dis- covery of reason for suspension in the usual course of examination of entries and contest, hearings are ordered between contending parties, the costs will be paid as required by Rule 53.- Rule 60. When Collected. — The costs provided for by the preceding rules will be collected by the receiver when the parties are brought before him in obedience to the order for hearing. Rule 61. Statement of Costs. — The receiver will append to the report in each case a statement of costs, the amount actually paid by each of the parties, and the disposition thereof. Rule 62. Papers by Whom Prepared. — All notices and other papers not required to be served by the register and receiver must be pre- pared and served by the respective parties. LAND OFFICE RULES. 819 Rule 63. — Provision for Notices. — The register and receiver will re- quire proper provision to be made for such notices not specifically pro- vided for in these rules as may become necessary in the usual progress of the case to final decision. APPEAL FROM DECISION REJECTING APPLICATION TO ENTER PUBLIC LANDS. Rule 64. Duties of Local Officers. — To facilitate appeals from the action of local officers relative to applications to file, enter, or locate upon the public lands, the register and receiver will — (a) Indorse upon every rejected application the date of presenta- tion and reasons for rejection. (b) Promptly advise the party in interest of their action and of his right of appeal. (c) Note upon their records a memorandum of the transaction. Rule 65. Notice of Appeal. — The party agrieved will be allowed thirty days from receipt of notice in which to file notice of appeal in the local land office. The notice of appeal, when filed, will be for- warded to the General Land Office with full report upon the case, which should recite all the facts and proceedings had, and must em- brace the following particulars: (a) The original application, with reasons for the rejection thereof. (b) Description of the tract involved and statement of its status, as shown by the records of the local office. (c) Reference to all entries, filings, annotations, memorandum, and correspondence shown by the record relating to said tract and to the proceedings had. II. PROCEEDINGS BEFORE SURVEYORS GENERAL. Rule 66. Notices, Depositions, and Other Matters. — The proceed- ings in hearings and contests before surveyors general shall, as to notices, depositions, and other matters, be governed as nearly as may be by the rules prescribed for proceedings before registers and receiv- ers, unless otherwise provided by law. III. PROCEEDINGS BEFORE THE COMMISSIONER OF THE GEN- ERAL LAND OFFICE AND SECRETARY OF THE INTERIOR. EXAMINATION AND ARGUMENT. Rule 67. Notice of Order or Decision. — The commissioner will cause notice to be given to each party in interest whose address is known of any order or decision affecting the merits of the case or the regular order of proceedings therein. Rule 68. Additional Evidence.— No additional evidence will be ad- mitted or considered by the commissioner unless offered under stipu- 820 lations of the parties or in support of a mineral application or protest ; provided, however, that the commissioner may order further investi- gation made or evidence submitted upon particular matters to be by him specifically designated. Ex Parte Statements. — Affidavits or other ex parte statements filed in the office of the commissioner will not be considered in finally deter- mining any controversy upon the merits. Rule 69. Summary Action. — After receipt of the record by the commissioner thirty days will be allowed to expire before any action is taken thereon, unless, in the judgment of the commissioner, public policy or private necessity shall require summary action, in which event he will proceed at his discretion, first notifying the attorneys of record of his intention so to do ; provided, that where no appeal has been filed the case may be immediately considered and disposed of. Rule 70. Argument. — If brief is not filed before a case is reached in its order for examination, the argument will be considered closed, and no further argument or motion of any kind will be entertained, except upon application and .upon good cause appearing to the com- missioner therefor. Rule 71. Oral Argument. — In the discretion of the commissioner, oral argument may be presented, at a time to be fixed by him and upon notice to opposing counsel, which notice shall specify the time for such argument and the specific matter to be discussed. Except as herein provided, oral hearings or suggestions will not be allowed. REHEARINGS. Rule 72. Motion for Rehearing. — No motion for rehearing of any decision rendered by the Commissioner of the General Land Office will be allowed. MOTIONS. Rule 73. No Motion Entertained After Record Transmitted. — No motion shall be entertained or considered in any case after the record has been transmitted to a reviewing officer. Appeal in Ex Parte Cases. — In ex parte cases, where the entryman has been allowed by the commissioner to furnish additional evidence or to show cause, or, in the alternative, to appeal, both the evidence or showing and the appeal are filed, the commissioner shall pass upon the evidence or showing submitted, and, if found sufficient, note the appeal as closed. If such evidence or showing be found insufficient, the appeal will be forwarded to the Secretary as in other cases. APPEAL FROM THE COMMISSIONER TO THE SECRETARY. Rule 74. Appeal to Secretary of the Interior. — Except as herein otherwise provided, an appeal may be taken to the Secretary of the LAND OFFICE RULES. 821 Interior from the final decision of the commissioner in any proceeding relating to the disposal of the public lands and private claims. Rule 75. Where Paxty Affected Failed to Appeal from Decision of Local Officers. — No appeal shall be had from the action of the com- missioner affirming the decision of the local officers in any case where the party adversely affected shall have failed to appeal from the de- cision of said local officers. Rule 76. Notice of Appeal from Commissioner's Decision. — Notice of appeal from the commissioner's decision must be served upon the adverse party and filed in the office of the register and receiver or in the General Land Office within thirty days from the date of service of notice of such decision. Rule 77. Defective Appeal. — When the commissioner considers an appeal defective he will notify the party thereof ; and if the defect be not cured within fifteen days from the date of receipt of such notice, the appeal may be dismissed and the case closed. Rule 78. Order Directing Conmiissioner to Certify Proceedings. — In proceedings before the commissioner in which he shall decide that a party has no right to appeal to the Secretary, such party may apply to the secretary for an order directing the commissioner to certify said proceedings to the Secretary and suspend action until the Secretary shall pass upon the same; such application shall be in writing, under oath, and fully and specifically set forth the grounds upon which the same is made. Rule 79. Suspense of Action After Decision. — When the commis- sioner shall decide against the right of appeal he will suspend action on the case for twenty days from service of notice of such decision to enable the party against whom the decision is rendered to apply to the Secretary for an order certifying the record as hereinabove provided. Rule 80. Briefs. — The appellant will be allowed twenty days after service of notice of appeal within which to serve and file brief and specification of error, as provided by rule 50, the adverse party twenty days after service of such within which to serve and file reply thereto ; appellant will be allowed ten days after service of such reply within which to serve and file response : Provided, however, That if either party is not represented by counsel having offices in the city of Wash- ington, ten days in addition to each period above specified will be allowed within which to serve and file the respective briefs. No arguments otherwise than above provided shall be made or filed without permission of the Secretary or commissioner granted upon no- tice to the adverse party. Rule 81. Printed Arguments Preferred. — Examination of cases will be facilitated by filing arguments in printed form. 822 hillyer's legal manual. ORAL ARGUMENTS BEFORE THE SECRETARY. Rule 82. Oral Argument. — Oral argument in any case pending be- fore the Secretary of the Interior will be allowed, on motion, in the discretion of the Secretary, at a time to be fixed by him, after notice to the parties. The counsel for each party will be allowed only one- half an hour, unless an extension of time is ordered before the argu- ment begins. REHEARING OF SECRETARY'S DECISION. Rule 83. Motion for Rehearing. — A motion for rehearing of a cause by the Secretary of the Interior, together with all papers used in con- nection therewith, must be in writing, and must, together with evidence of service thereof on the adverse party, be filed with the Sec- retary of the Interior within thirty days after service of notice of the decision in said cause. Argument in Support. — Said motion must state concisely and spe- cifically the grounds upon which such rehearing is asked and may be accompanied by written argument in support thereof. No matters other than those specified will be considered. Reply to Motion. — The adverse party will be allowed fifteen days after the service of the motion upon him in which to serve and file with the Secretary of the Interior a reply to the motion. Transmission of Record. — In case no such motion be filed within the period above prescribed, the record will at once be transmitted to the Commissioner of the General Land Office for execution of the judgment of the Secretary. Like action will be taken immediately after the judgment of the Secretary on any motion for rehearing. Argument. — No oral argument will be allowed on any such motion, and this rule will be strictly adhered to. If the motion be granted, the Secretary will at once proceed to dispose of the case, or, in his discretion, if the motion, or the reply thereto, has been ac- companied by a request for oral argument in the event of its being granted, will set the cause down for oral argument. In any case, how- ever, if the motion be granted, the Secretary may set the cause down for oral argument. Judgment When Effective. — Nothing in this rule, however, shall pre- vent any judgment or order of the Secretary on appeal from becoming effective, in whole or in part, immediately or at any other time when and as directed in the judgment or order. MOTIONS FOR REVIEW AND REREVIEW. Rule 84. Abolished. — Motions for review and rereview are hereby abolished. SUPERVISORY POWER OF SECRETARY. Rule 85. Motion for Exercise of Supervisory Power. — Motion for the exercise of supervisory power will be considered only when accom- LAND OFFICE RULES. 823 panied by positive showing of extraordinary emergency or exigency demanding the exercise of such authority. Rules. — In proceedings before the Secretary of the Interior the same rules shall govern, in so far as applicable, as are provided for proceed- ings before the Commissioner of the General Land Office. Rule 86. Construction of Rules. — No rule here prescribed vshall be construed to deprive the Secretary of the Interior of any direct or supervisory power conferred upon him by law. ATTORNEYS. Rule 87. Oath. — Every attorney before practicing before the De- partment of the Interior must first file the oath prescribed by section 3478 of the Revised Statutes. Rule 88. Authority of Attorney. — In all cases where any party is represented by attorney such attorney will be recognized as fully con- trolling the same on behalf of his client, and service of any notice or other paper relating to such proceedings upon such attorney will be deemed notice to the party in interest. Where Party Represented by More Than One Attorney. — ^Where a party is represented by more than one attorney service of notice or other papers upon one of said attorneys shall be sufficient. Rule 89. Name and Postoffice Address. — No person hereafter ap- pearing as a party or attorney in any case shall be entitled to notice of any proceeding therein who does not, at the time of appearance, file in the office in which the case is pending a statement showing his name and postoffice address and the name and postoffice address of the party whom he represents. Rule 90. Attorney Allowed to Consult Records. — Any attorney in good standing employed, and whose appearance is regularly entered in any case pending before the department, will be allowed full oppor- tunity to consult the records therein, together with abstracts, field- notes, tract-books, and correspondence which is not deemed privileged and confidential. Rule 91. Inquiries Directed to Employee. — ^A^erbal or other inquiries by parties or counsel directed to any employee of the department, except the commissioner, assistant commissioner, or chief of division of the General Land Office, or the Secretary and Assistant Secretary, the Assistant Attorney General, or the first assistant attorney in the offices of the Secretary of the Interior, or with the consent of one or more of said officers, is expressly forbidden. Rule 92. Abuse of Privilege. — Abuse of the privilege of examining records of the department or violation of the foregoing rule by any attorney will be treated as sufficient cause for institution of disbar- ment proceedings. SERVICE OF NOTICES. Rule 94. Time. — Fifteen days, exclusive of the day of mailing, will be allowed for the transmission of notice or other papers by mail from 824 the General Land Office, except in case of notice of resident attorneys, in which case one day will be allowed. How Computed. — In computing time for service of papers under these rules of practice the first day shall be excluded and the last day included ; provided, however, that where the last day falls on Sunday or a legal holiday, such time shall include the next following business day. Rule 95. Proof of Service of Notice. — Notice of all motions and pro- ceedings before the commissioner or Secretary shall be served upon parties or counsel personally or by registered mail, and no motion will be entertained except on proof of service of notice thereof. Rule 96. Ex parte Proceedings. — Ex parte proceedings and proceed- ings in which the adverse party does not appear will, as to notice of decision, time for appeal, and filing of exceptions and arguments, be governed by the rules prescribed in other cases, so far as the same are applicable. In such cases the commissioner or Secretary may, pursu- ant to application and upon good cause being shown therefor, permit additional evidence to be presented for the purpose of curing defects in the proofs of record. INTERVENTION. Rule 97. Application. — No person shall be allowed to intervene in any case except upon application therefor, under oath, showing his in- terest therein. These Rules of Practice will be effective on and after February 1, 1911. PUBLIC UTILITIES LAW— CONSTITUTIONAL PROVISIONS. (Constitution, Art. XII.) § 17. Common Carriers. — All railroad, canal, and other transporta- tion companies are declared to be common carriers, and subject to legis- lative control. Any association or corporation, organized for the purpose, under the laws of this State, shall have the right to connect at the State line with railroads of other States. Every railroad com- pany shall have the right with its roads to intersect, connect with, or cross any other railroad, and shall receive and transport each the other's passengers, tonnage, and cars, without delay or discrimination. § 18. Limit on Interest of an Officer or Agent. — No president, director, officer, agent or employee of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, nor in the business of transportation as a common carrier of freight or passengers over the works OAvned, leased, controlled, or worked by such company, except such interest in the business of transportation as lawfully flows from the ownership of stock therein. PUBLIC UTILITIES. 825 § 19. Public Officers not to Receive Passes. — No railroad or other transportation company shall grant free passes, or passes or tickets at a discount, to any person holding any office of honor, trust, or profit in this State ; and the acceptance of any such pass or ticket, by a member of the legislature or any public officer, other than Railroad Commis- sioner, shall work a forfeiture of his office. § 20. Railroads or Other Common Carriers — Increase of Rates by. No railroad or other transportation company shall raise any rate of charge for the transportation of freight or passengers or any charge connected therewith or incidental thereto, under any circumstances whatsoever, except upon a showing before the railroad commission pro- vided for in this Constitution, that such increase is justified, and the decision of the said commission upon the showing so made shall not be subject to review by any court except upon the question whether such decision of the commission will result in confiscation of property. (Amendment adopted October 19, 1911.) § 21. Railroads and Other Transportation Companies — Discrimina- tion Forbidden. — No discrimination in charges or facilities for trans- portation shall be made by any railroad or other transportation company between places or persons, or in the facilities for the trans- portation of the same classes of freight or passengers within this State. It shall be unlawful for any railroad or other transportation company to charge or receive any greater compensation in the aggre- gate for the transportation of passengers or of like kind of property for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates. Provided, however, that upon application to the Railroad Commission provided for in this Constitu- tion such company may, in special cases, after investigation, be author- ized by such commission to charge less for longer than for shorter distances for the transportation of persons or "property and the Rail- road Commission may from time to time prescribe the extent to which such company may be relieved from the prohibition to charge less for the longer than for the shorter haul. The Railroad Commission shall have power to authorize the issuance of excursion and commutation tickets at special rates. Nothing herein contained shall be construed to prevent the Railroad Commission from ordering and compelling any railroad or other transportation company to make reparation to any shipper on account of the rates charged to said shipper being excessive or discriminatory, provided no discrimination will result from such reparation. (Amendment adopted October 10, 1911.) § 22. Railroad Commission, Powers and Duties. — There is hereby created a Railroad Commission which shall consist of five members and which shall be known as the Railroad Commission of the State of California. The commission shall be appointed by the governor from the State at large ; provided, that the legislature, in its discretion, may 826 hillyer's legal manual. divide the State into districts for the purpose of such appointments, said districts to be as nearly equal in population as practicable ; and provided further that the three commissioners in office at the time this section takes effect shall serve out the term for which they were elected, and that two additional commissioners shall be appointed by the grovernor immediately after the adoption of this section, to hold office during the same term. Upon the expiration of said term, the term of office of each commissioner thereafter shall be six years, except the commissioners first appointed hereunder after such expiration, one of whom shall be appointed to hold office until January 1, 1917, two until January 1, 1919, and two until January 1, 1921. Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term. Commissioners appointed for regular terms shall, at the begin- ning of the term for which they are appointed, and those appointed to fill vacancies, shall, immediately upon their appointment, enter upon the duties of their offices. The legislature shall fix the salaries of the commissioners, but pending such action the salaries of the commis- sioners, their officers and employees shall remain as now fixed by law. The legislature shall have the power, by a two-thirds vote of all mem- bers elected to each house, to remove any one or more of said commissioners from office for dereliction of duty or corruption or incompetency. All of said commissioners shall be qualified electors of this State, and no person in the employ of or holding any official rela- tion to any person, firm or corporation, which said person, firm or corporation is subject to regulation by said Kailroad Commission and no person owning stock or bonds of any such corporation or who is in any manner pecuniarily interested therein, shall be appointed to or hold the office of railroad commissioner. No vacancy in the commis- sion shall impair the right of the remaining commissioners to exercise all the powers of the commission. The act of a majority of the com- missioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hearing which the commission has powder to undertake or to hold may be undertaken or held by or before any commissioner designated for the purpose by the commission, and every order made by a commissioner so designated, pursuant to such inquiry, investigation or hearing, when approved or confirmed by the commission ordered filed in its office, shall be deemed to be the order of the commission. Said commission shall have the power to establish rates of charges for the transportation of passengers and freight by railroads and other transportation companies, and no railroad or other transportation com- pany shall charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or freight, or for any service in connection therewith, between the points named in any tariff of rates, established by said commission than the rates, fares and charges which are specified in such tariff. The commission shall have the further power to examine books, records and papers of PUBLIC UTILITIES. 827 all railroad and other transportation companies ; to hear and determine complaints against railroad and other transportation companies; to issue subpoenas and all necessary process and send for persons and papers; and the commission and each of the commissioners shall have the power to administer oaths, take testimony and punish for con- tempt in the same manner and to the same extent as courts of record; the commission may prescribe a uniform system of accounts to be kept by all railroad and other transportation companies. No provision of this Constitution shall be construed as a limitation upon the authority of the legislature to confer upon the Railroad Commission additional powers of the same kind or different from those conferred herein which are not inconsistent with the powers conferred upon the Railroad Commission in this Constitution, and the authority of the legislature to confer such additional powers is expressly declared to be plenary and unlimited by any provision of this Constitution. The provisions of this section shall not be construed to repeal in whole or in part any existing law not inconsistent herewith, and the *' Railroad Commission Act" of this State approved February 10, 1911, shall be construed with reference to this constitutional provision and any other constitutional provision becoming operative concurrently herewith. And the said act shall have the same force and effect as if the same had been passed after the adoption of this provision of the Constitution and of all other provisions adopted concurrently herewith, except that the three commissioners referred to in said act shall be held and construed to be the five commissioners provided for herein. (Amendment adopted October 10, 1911.) § 23. Public Utilities — Supervision and Regulation of. — Every pri- vate corporation, and every individual or association of individuals, owning, operating, managing, or controlling any commercial railroad, interurban railroad, street railroad, canal, pipe-line, plant, or equip- ment, or any part of such railroad, canal, pipe-line, plant or equipment within this State, for the transportation or conveyance of passengers, or express matter, or freight of any kind, including crude oil, or for the transmission of telephone or telegraph messages, or for the pro- duction, generation, transmission, delivery or furnishing of heat, light, water or power or for the furnishing of storage or wharfage facilities, either directly or indirectly, to or for the public, and every common carrier is hereby declared to be a public utility subject to such control and regulation by the Railroad Commission as may be provided by the legislature, and every class of private corporations, individuals, or asso- ciations of individuals hereafter declared by the legislature to be public utilities shall likewise be subject to such control and regulation. The Railroad Commission shall have and exercise such power and juris- diction to supervise and regulate public utilities, in the State of California, and to fix the rates to be charged for commodities fur- nished, or services rendered by public utilities as shall be conferred upon it by the legislature, and the right of the legislature to conf<;r powers upon the Railroad Commission respecting public utilities is 828 hereby declared to be plenary and to be unlimited by any provision of this Constitution. From and after the passage by the legislature of laws conferring powers upon the Railroad Commission respecting public utilities, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing bodies of the several coun- ties, cities and counties, cities and towns, in this State, or in any com- mission created by law and existing at the time of the passage of such laws, shall cease so far as such powders shall conflict with the powers so conferred upon the Railroad Commission ; provided, however, that this section shall not affect such powers of control over any public utility vested in any city and county, or incorporated city or town as, at an election to be held pursuant to laws to be passed hereafter by the legislature, a majority of the qualified electors voting thereon of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired; but if the vote so taken shall not favor the continuation of such powers they shall thereafter vest in the Railroad Commission as provided by law; and provided, further that where any such city and county or incor- porated city or town shall have elected to continue any powers respect- ing public utilities, it may, by vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the Rail- road Commission in the manner to be prescribed by the legislature ; or if such municipal corporation shall have surrendered any powers to the Railroad Commission, it may, by like vote, thereafter reinvest itself with such power. Nothing in this section shall be construed as a limi- tation upon any power conferred upon the Railroad Commission by any provision of this Constitution now existing or adopted concur- rently herewith. (Amendment adopted October 10, 1911.) § 24. Legislature to Enforce This Article. — The legislature shall pass all laws necessary for the enforcement of the provisions of this article. PUBLIC UTILITIES ACT. RAILROAD COMMISSION— GENERAL PROVISIONS. § 1. Short title. § 2. Definitions. § 3. Railroad Commission — Appointment — Term — Vacancies — Re moval. § 4. Attorney. § 5. Secretary — Assistant secretary. § 6. Additional officers and employees. § 7. Oath of office — Eligibility of commissioners and employees. § 8. Office of commission — Meetings — Official seal — Supplies and equipment. § 9. Quorum. § 10. Salaries and expenses. PUBLIC UTILITIES ACT. 829 § 11. Transportation for commissioners, officers and employees. § 12. Annual report. DUTIES OF PUBLIC UTILITIES. § 13. Charges — Service and facilities — Rules and regulations. § 14. Tariff schedules — Publication. § 15. Changes in schedules — Notice required. § 16. Concurrence in joint tariffs. § 17. Rates and fares as published to be charged — Exceptions. § 18. Filing of interstate tariffs. § 19. Preferences. § 20. Economies — Profit from to inure to public utility. § 21. Sliding scale of charges — Profit sharing. § 22. Discrimination between utilities inter se prohibited — Connect- ing lines. § 23. False billing, etc., by carrier or shipper — False claims for dam- ages. § 24. Long and short haul and service. § 25. Switch and spur connections. § 26. Foreign public utilities excluded. § 27. Fares and transfers on street railroads. § 28. Requests for information — Blanks — Copies of record. § 29. Reports. § 30. Compliance with commission's orders. POWERS AND DUTIES OF RAILROAD COMMISSION. § 31. Powers of commission. § 32. Charges to be fixed by commission. § 33. Joint rates and through routes on common carriers. § 34. Interstate rates. § 35. Service, equipment, facilities^ — To be fixed by the commission. § 36. Power of commission to order additions, improvements, changes. § 37. Power of commission to order changes in time schedules and running of additional cars and trains. § 38. Track connections. § 39. Switch and spur connections — Interchange switching to indus- trial tracks. § 40. Physical connections and joint rates — Telephone and telegraph corporations. ^ 41. Use of joint facilities. § 42. Health and safety — Safety devices. § 43. Grade crossings. ^ 44. Investigation of accidents — Reports to commission. § 45. Power of commission to provide rules for expediting traffic — • Express and telegraph rules and regulations. § 46. Power of commission as to service, etc., of public utilities. § 47. Valuation of property. § 48. Uniform system of accounts — Access to accounts, etc. § 49. Depreciation accounts. S'SO hillyer's legal manual. § 50. New construction — Franchises and privileges. § 51. Transfer of property, franchises, etc., transfers of stock. § 52. Approval of stocks and stock certificates, and bonds, notes and other evidence of indebtedness. PROCEDURE BEFORE RAILROAD COMMISSION AND COURTS. § 53. Rules for hearing — Informalities. § 54. Powers of commission as to process — Service. § 55. Witnesses — Attendance and fees — Depositions — Incrimination. § 56. Certified copies of papers filed to be evidence. § 57. Fees. § 58. Inspection of books, papers and documents. § 59. Production of books and records kept outside the State. § 60. Complaints. § 61. Hearings, orders and record — Recovery on decision. § 62. Public utility may complain. § 63. Increases in rates. § 64. Commission may change orders and decisions. § 65. Orders and decisions conclusive in collateral proceedings. § 66. Rehearings. § 67. Review. § 68. Suspension of commission's orders. § 69. Court proceedings — Preference. § 70. Physical valuation — Procedure. § 71. Excessive or discriminatory charges — Reparation. § 72. Commission shall enforce laws. § 73. Public utilities liable for damages. § 74. Effect of act on release of damages — Penalties cumulative. § 75. Summary proceedings. § 76. Penalties, violations by public utilities. § 77. Penalties, violations by officers, agents or employees of public utilities. § 78. Penalties, violations by corporations other than public utilities. § 79. Penalties, violations by persons other than officers, etc., of pub- lic utilities. § 80. Suits for penalties. § 81. Contempt proceedings. CONSTRUCTION— SAVING CLAUSE— APPROPRIATION- REPEAL. § 82. Effect of act on existing powers of any city and county, or incorporated city or town. § 83. Effect of act on pending actions and proceedings. § 84. Constitutionality. § 85. Interstate commerce. § 86. Appropriation. § 87. Repeal. § 88. Time of effect. (Approved December 23, 1911. Amended by chapter 553, approved June 14, 1913; effective August 10, 1913.) PUBLIC UTILITIES ACT. 831 § 1. Short Title.— This act shall be known as the ''Public Utilities Act" and shall apply to the public utilities and public services herein described and to the commission herein referred to. § 2. Definitions— Commission.— (a) The term ''commission," when used in this act, means the Railroad Commission of the State of Cali- fornia. (b) Commissioner.— The term "commissioner," when used in this act, means one of the members of the commission. (c) Corporation. — The term "corporation," when used in this act, includes a corporation, a company, an association and a joint-stock association. (d) Person. — The term "person," when used in this act, includes an individual, a firm and a copartnership. (e) Ti-ansportation of Persons. — The term "transportation of per- sons," when used in this act, includes every service in connection with or incidental to the safety, comfort or convenience of the person trans- ported and the receipt, carriage and delivery of such person and his baggage. (f) Transportation of Property. — The term "transportation of prop- erty," when used in this act, includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventila- tion, refrigeration, icing, dunnage, storage and handling, and the trans- mission of credit by express corporations. (g) Street Railroad. — The term "street railroad," when used in this act, includes every railway, and each and every branch or extension thereof, by whatsoever power operated, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within any city and county, or city or town, together with all real estate, fixtures and personal propert}^ of every kind used in con- nection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property; but the term "street railroad," when used in this act, shall not include a railway constitut- ing or used as a part of a commercial or interurban railway. (h) Street Railroad Corporation. — The term "street railroad corpo- ration," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any street railroad for compensation within this state. (i) Railroad. — The term "railroad," when used in this act, includes every commercial, interurban and other railway other than a street railroad, and each and every branch or extension thereof, by whatso- ever power operated, together with all tracks, bridges, trestles, rights of way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment, and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. 832 hillyer's legal manual. (j) Railroad Corporation. — The term ''railroad corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, own- ing, controlling:, operating or managing any railroad for compensation within this state. (k) Express Corporation! — The term ''express corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, en- gaged in or transacting the business of transporting any freight, mer- chandise or other property for compensation on the line of any com- mon carrier or stage or auto stage line within this state. (1) Conmion Carrier. — The term "common carrier," when used in this act, includes every railroad corporation; street railroad corpora- tion; express corporation; dispatch, sleeping-car, dining-car, drawing- room car, freight, freight line, refrigerator, oil, stock, fruit, car-loaning, car-renting, car-loading and every other car corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, operating for compensation within this state ; and every corporation or person, their lessees, trustees, receivers or trustees ap- pointed by any court whatsoever, owning, controlling, operating or managing any vessel regularly engaged in the transportation of per- sons or property for compensation upon the waters of this state or upon the high seas, over regular routes between points within this state. (m) Pipe-line. — The term "pipe-line," when used in this act, in- cludes all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the trans- mission, storage, distribution or delivery of crude oil or other fluid substances except water through pipe lines. (n) Pipe-line Corporation. — The term "pipe-line corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any pipe-line for compen- sation within this state. (o) Gas Plant. — The term "gas plant," when used in this act, in- cludes all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of gas (natural or manufactured) for light, heat or power. (p) Gas Corporation. — The term. "gas corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, con- trolling, operating or managing any gas plant for compensation within this state, except where gas is made or produced on and distributed by the maker or producer through private property alone solely for his own use or the use of his tenants and not for sale to others. (q) Electric Plant. — The term "electric plant," when used in this act, includes all real estate, fixtures and personal property owned. PUBLIC UTILITIES ACT. 833 controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of elec- tricity for light, heat or power, and all conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power. (r) Electrical Corporation.— The term ''electrical corporation,'* when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatso- ever, owning, controlling, operating or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property alone solely for his own use or the use of his tenants and not for sale to others. (s) Telephone Line. — The term "telephone line," when used in this act, includes all conduits, ducts, poles, wires, cables, instruments and appliances, and all other real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facili- tate communication by telephone, whether such communication is had with or without the use of transmission wires. (t) Telephone Corporation. — The term "telephone corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatso- ever, owning, controlling, operating or managing any telephone line for compensation within this state. (u) Telegraph Line. — The term "telegraph line," when used in this act, includes all conduits, ducts, poles, wires, cables, instruments and appliances, and all other real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate communication by telegraph, whether such communication is had with or without the use of transmission wires. (v) Telegraph Corporation. — The term "telegraph corporation," when used in this act, includes every corporation or person, their les- sees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any telegraph line for com- pensation within this state. (w) Water System. — The term "water system," when used in this act, includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures and appliances, and all other real es- tate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment or measurement of water for power, irrigation, reclamation or manu- facturing, or for municipal, domestic or other beneficial use. (x) Water Corporation. — The term "water corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, con- 53 834 hillyeb's legal manual. trolling, operating or managing any water system for compensation within this state. (y ) Vessel. — The term ' ' vessel, ' ' when used in this act, includes every species of water craft, by whatsoever power operated, which is owned, controlled, operated or managed for public use in the transportation of persons or property. (z) Wharfinger. — The term ''wharfinger," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees, appointed by any court whatsoever, owning, controlling, operating or managing any dock, wharf or structure used by vessels in connection with or to facilitate the receipt or discharge of freight or passengers for compensation within this state. (aa) Warehouseman. — The term ''warehouseman," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court w^hatsoever, owning, con- trolling, operating or managing any building or structure in which property is regularly stored for compensation within this state, in connection with or to facilitate the transportation of property by a common carrier or vessel, or the loading or unloading of the same, other than a dock, wharf or structure, owned, operated, controlled or managed by a wharfinger. (bb) Public Utility. — The term "public utility," when used in this act, includes every common carrier, pipe-line corporation, gas cor- poration, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger and w^arehouseman, where the service is performed for or the commodity delivered to the public or any portion thereof. The term "public or any portion thereof" as herein used means the public generally, or any limited portion of the public including a person, private corporation, municipality or other political subdivision of the State, for which the service is performed or to which the commodity is delivered, and whenever any common car- rier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger or warehouseman performs a service or delivers a com- modity to the public or any portion thereof for which any compensation or payment whatsoever is received, such common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corpora- tion, telegraph corporation, water corporation, wharfinger or ware- houseman is hereby declared to be a public utility subject to the juris- diction, control and regulation of the commission and the provisions of this act. Furthermore, when any person or corporation performs any service or delivers any commodity to any person or persons, pri- vate corporation or corporations, municipality or other political subdi- visions of the State, which in turn either directly or indirectly, mediately or immediately, perform such service or deliver such com- modity to or for the public or some portion thereof, such person or persons, private corporation or corporations and each thereof is hereby PUBLIC UTILITIES ACT. 835 declared to bo a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. § 3. Railroad Commission — Appointment — Term — ^Vacancies — Re- moval. — (a) The Railroad Commission shall consist of five members, who shall be appointed by the governor from the State at large ; provided, that the three commissioners in office on the 10th day of October, 1911, shall serve out the term for which they were elected, and that two additional commissioners shall be appointed by the governor to hold office during the same term. Upon the expiration of said term, the term of office of each commissioner thereafter shall be six years, ex- cepting that of the commissioners first appointed after the expiration of said term one shall be appointed to hold office until the first day of January, 1917, two until the 1st day of January, 1919, and two until the 1st day of January, 1921. The commissioners shall elect one of their number president of the commission. (b) Vacancy. — Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term. The legislature, by a two-thirds vote of all members elected to each house, may remove any one or more of said commissioners from office for dereliction of duty or corruption or incompetency. § 4. Attorney. — The commission shall have power to appoint as attorney to the commission an attorney at law of this State, who shall hold office during the pleasure of the commission. It shall be the right and the duty of the attorney to represent and appear for the people of the State of California and the commission in all actions and pro- ceedings involving any question under this act or under any order or act of the commission, and, if directed to do so by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence, prosecute and expedite the final determination of all actions, and proceedings directed or authorized by the commission; to advise the commission and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the commission and the members thereof; and generally to perform all duties and services as attorney to the commission which the commission may require of him. § 5. Secretary — Assistant Secretary. — The commission shall appoint a secretary, who shall hold office during its pleasure. It shall be the duty of the secretary to keep a full and true record of all proceedings of the commission, to issue all necessary proeoss, writs, warrants and notices, and to perform such other duties as the commission may pre- scribe. The commission may appoint an assistant secretary, who shall have all the powers conferred by law upon peace officers to carry weapons, make arrests and serve warrants and other process in any county or city and county of this State. The secretary and the assist- ant secretary shall have power to administer oaths, certify to all official 836 hillyer's legal manual. acts, and issue subpoenas for the attendance of witnesses and the pro- duction of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the State. § 6. Additional Officers and Employees. — The commission shall have power to employ, during its pleasure, such officers, experts, en- gineers, statisticians, accountants, inspectors, clerks and employees as it may deem neeessarj^ to carry out the provisions of this act or to per- form the duties and exercise the powers conferred by law upon the commission. § 7. Oath of Office — Eligibility of Commissioners and Employees. — Each commissioner and each person appointed to a civil executive office by the commission shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. Each com- missioner shall be a qualified elector of this state, and no person in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regu- lation by the commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed to or hold the office of commissioner or be appointed or employed by the commission ; provided, that if any such person shall become the owner of such stocks or bonds or become pecuniarily inter- ested in such corporation otherwise than voluntarily, he shall within a reasonable time divest himself of such ownership or interest ; failing to do so, his office or employment shall become vacant. § 8. Office of Commission — Meetings — Official Seal — Supplies and Equipment. — (a) The office of the commission shall be in the city and county of San Francisco. The office shall always be open, legal holi- days and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in said city and county of San Francisco, and may also meet at such other times and in such other places as may be expedient and necessary for the proper per- formance of its duties. For the purpose of holding sessions in places other than the city and county of San Francisco, the commission shall have power to rent quarters or offices, and the expense thereof and in connection therewith shall be paid in the same manner as other ex- penses authorized by this act. The sessions of the commission shall be public. (b) The commission shall have a seal, bearing the following inscrip- tion: ''Railroad Commission State of California." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal. (c) The commission is authorized to procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus and appliances, and the same shall be paid for in the same manner as other expenses authorized by this act. PUBLIC UTILITIES ACT. 837 § 9. Quorum. — A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. No vacancy in the commission shall impair the right of the remaining commission- ers to exercise all the powers of the commission. The act of a major- ity of the commissioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hear- ing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner designated for the purpose by the commission, and every finding, order or decision made by a commissioner so designated, pursuant to such investigation, in- quiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the finding, order or decision of the commission. § 10. Salaries and Expenses. — (a) The annual salary of each com- missioner shall be eight thousand (8,000) dollars. All officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees of the commission shall receive such compensation as may be fixed by the commission. The commissioners, attorney, secretary, rate expert and assistant secretary shall be civil executive officers and their salaries as fixed by law or the commission shall be paid in the same manner as are the salaries of other state officers. The salary or compensation of every other person holding office or employment under the commission shall be paid monthly from the funds appropriated for the use of the commission, after being approved by the commission, upon claims there- for to be audited by the board of control. (b) All expenses incurred by the commission pursuant to the pro- visions of this act, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers and employees, incurred while on business of the commission, shall be paid from the funds appropriated for the use of the commission, after being approved by the commission, upon claims therefor to be audited by the board of control. § 11. Transportation for Commissioners, Officers and Employees. — The commissioners and the officers and employees of the commission, shall, when in the performance of their official duties, have the right to pass, free of charge, on all railroads, cars, vessels and other vehicles of every common carrier, as said term is defined in this act, subject in w^hole or in part to control or regulation by the commission, betw^een points within this state, and such persons shall not be denied the right to travel upon any railroad, car, vessel or other vehicle of such common carrier, whether such railroad, car, vessel or other vehicle be used for the transportation of passengers or freight, and regardless of its class. § 12. Annual Report. — The commission shall make and submit to the governor on or before the first day of December of each year subsequent to the year 1912, a report containing a full and complete account of its transactions and proceedings for the preceding fiscal 838 year, together with such other facts, suggestions, and recommenda- tions as it may deem of value to the people of the state. § 13. Charges^Service and Facilities — Rules and Regulations. — (a) All charges made, demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful. (b) Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable. (c) All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable. § 14. Tariff Schedules — Publication. — (a) Every common carrier shall file with the commission and shall print and keep open to the public inspection schedules show^ing the rates, fares, charges and classifications for the transportation between termini within this state of persons and property from each point upon its route to all other points thereon ; and from each point upon its route to all points upon every other route leased, operated or controlled by it; and from each point on its route or upon any route leased, operated or controlled by it to all points upon the route of any other common carrier, whenever a through route and a joint rate shall have been established or ordered between any two such points. If no joint rate over a through route has been established, the schedules of the several carriers in such through route shall show the separately established rates, fares, charges and classifications applicable to the through transportation. The schedules printed as aforesaid shall plainly state the places be- tween which property and persons will be carried, and shall also con- tain the classification of passengers or property in force, and shall also state separately all terminal charges, storage charges, icing charges and all other charges which the commission may require to be stated, all privileges or facilities granted or allowed, and all rules or regula- tions which may in any wise change, affect or determine any part, or the aggregate of, such rates, fares, charges and classifications, or the value of the service rendered to the passenger, shipper or consignee. Subject to such rules and regulations as the commission may prescribe, such schedules shall be plainly printed in large type, and a copy thereof shall be kept by every such carrier readily accessible to and for in- spection by the public in every station or office of such carrier where passengers or property are respectively received for transportation, when such station or office is in charge of an agent, and in every station or office of such carrier where passenger tickets or tickets for sleep- PUBLIC UTILITIES ACT. 839 inor, parlor car or other train accommodations are sold or bills of ladin-g or waybills or receipts for property are issued. Any or all of such schedules kept as aforesaid shall be immediately produced by such carrier for inspection upon the demand of any person. A notice printed in bold type and stating that such schedules are on file with the agent and open to inspection by any person, and that the agent will assist any person to determine from such schedules any rates, fares, rules or regulations in force, shall be kept posted by the carrier in two public and conspicuous places in every such station or office. The form of every such schedule shall be prescribed by the commission and shall conform in the case of common carriers subject to the act of Congress entitled "An act to regulate commerce," approved Febru- ary 4, 1887, and the acts amendatory thereof and supplementary thereto, as nearly as may be to the form of schedules prescribed by the interstate commerce commission under said act. (b) Under such rules and regulations as the commission may pre- scribe, every public utility other than a common carrier shall file with the commission within such time and in such form as the commission may designate, and shall print and keep open to public inspection schedules showing all rates, tolls, rentals, charges and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or service. The rates, tolls, rentals and charges shown on such schedules when filed by a public utility as to which the commission by this act ac- quires the power to fix any rates, tolls, rentals or charges, shall not, within any portion of the territory as to which the commission acquires as to such public utility such power, exceed the rates, tolls, rentals or charges in effect on the 10th day of October, 1911; the rates, tolls, rentals and charges shown on such schedules, when filed by any public utility as to any territory as to which the commission does not by this act acquire as to such public utility such power, shall not exceed the rates, tolls, rentals and charges in effect at the time the commission acquires as to such territory and as to such public utility the power to fix rates, tolls, rentals or charges. Nothing in this section contained shall prevent the commission from approving or fixing rates, tolls, rentals or charges, from time to time, in excess of or less than those shown by said schedules. (c) The commission shall have power, from time to time, in its dis- cretion, to determine and prescribe by order such changes in the form of the schedules referred to in this section as it may find expedient, and to modify the requirements of any of its orders, rules or regula- tions in respect to any matter in this section referred to. § 15. Changes in Schedules — Notice Required. — Unless the commis- sion otherwise orders, no change shall be made by any public utility in any rate, fare, toll, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, fare, toll, rental, charge, classification or service, or in any privilege or facility, 840 hillyer's legal manual. except after thirty days' notice to the commission and to the public as herein provided. Such notice shall be given by filing with the. com- mission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force, and the time when the change or changes will go into effect. The commission, for good cause shown, may allow changes without requiring the thirty days' notice herein provided for, by an order specifying the changes so to be made and the time when they shall take effect, and the manner in which they shall be filed and pub- lished. When any change is proposed in any rate, fare, toll, rental, charge or classification, or in any form of contract or agreement or in any rule, regulation or contract relating to or affecting any rate, fare, toll, rental, charge, classification or service, or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission, by some character to be designated by the com- mission, immediately preceding or following the item. § 16. Concurrence in Joint Tariffs. — The names of the several pub- lic utilities which are parties to any joint tariff, rate, fare, toll, con- tract, classification or charge shall be specified in the schedule or schedules showing the same. Unless otherwise ordered by the com- mission, a schedule showing such joint tariff, rate, fare, toll, contract, classification or charge need be filed with the commission by only one of the parties to it ; provided, that there is also filed with the commis- sion in such form as the commission may require a concurrence in such joint tariff, rate, fare, toll, contract, classification or charge by each of the other parties thereto. § 17. Rates ajid Fares as Published to be Charged. — (a) 1. No common carrier subject to the provisions of this act shall engage or participate in the transportation of persons or property, between points within this state, until its schedules of rates, fares, charges and classifications shall have been filed and published in accordance with the provisions of this act. 2. Charges to be Uniform. — No common carrier shall charge, de- mand, collect or receive a greater or less or different compensation for the transportation of persons or property, or for any service in connection therewith, than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time : nor shall any such carrier refund or remit in any manner or by any device any portion of the rates, fares or charges so specified, except upon order of the commission as hereinafter provided, nor ex- tend to any corporation or person any privilege or facility in the transportation of passengers or property except such as are regularly and uniformly extended to all corporations and persons. 3. Exceptions. — No common caiTier subject to the provisions of this act shall, directly or indirectly, issue, give or tender any free ticket, free pass or free or reduced-rate transportation for passengers betw^een points within this state, except to its officers, agents, employees, attor- PUBLIC UTILITIES ACT. 841 neys, physicians and surgeons, and members of their families ; to min- isters of religion, traveling secretaries of railroad men's religious associations, or executive officers, organizers or agents of railroad employees' mutual benefit associations giving the greater portion of their time to the work of any such association ; inmates of hospitals or charitable or eleemosynary institutions, and persons exclusively en- gaged in charitable or eleemosynary work, and persons and property engaged or employed in educational work or scientific research or in patriotic work when permitted by the commission; to the executive officers of mercantile or promotion boards or bodies Avithin this state when traveling in the performance of duties affecting the advancement of the business of such boards or bodies, or the development of trade or industry within or without this state, when authorized by the com- mission; to hotel employees of season resort hotels, when authorized by the commission; to indigent, destitute and homeless persons and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the national homes or state homes for disabled volunteer soldiers and of soldiers' and sailors' homes, including those about to enter and those returning home after discharge ; to necessary caretakers, going and returning, of livestock, poultry, milk, fruit and other freight, under uniform and nondiscriminatory regulations; to employees of sleeping-car corporations, express corporations and telegraph and tele- phone corporations; to railway mail service employees. United States internal revenue officers, postoffice inspectors, customs officers and in- spectors and immigration inspectors when traveling in the course of their official duty; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the carrier is interested, persons injured in accidents or wrecks and physicians and nurses attending such persons; provided, that the term "employees," as used in this section, shall include furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of any such carrier, ex-employees traveling for the purpose of enter- ing the service of any such carrier, and the remains of persons dying while in the employment of any such carrier; and the term ''families," as used in this section, shall include the families of those persons here- tofore named in this proviso, and the families of persons killed, and the widows during widowhood and minor children during minority of persons who died while in the service of any such carrier; and pro- vided, further, that no free ticket, free pass or free or reduced-rate transportation shall be issued, given or tendered to any officer, agent or employee of a common carrier, who is at the same time a shipper or receiver of freight, or an officer, agent or employee of a shipper or receiver of freight, unless such officer, agent or employee devotes sub- stantially his entire time to the service of such carrier; and provided, further, that the members of the railroad commission, their officers and employees, shall be entitled, when in the performance of their official duties, to free transportation over the lines of all common carriers 842 hillyer's legal manual. within this state; and provided, further, that passenger transportation may issue to the proprietors and employees of newspapers and maga- zines and the members of their immediate families, in exchange for advertising space in such newspapers or magazines at full rates, subject however to such reasonable restrictions as the commission may impose. Nothing in this act contained shall be construed to prohibit the issue by express corporations of free or reduced-rate transportation for express matter to their officers, agents, employees, attorneys, physi- cians and surgeons, and members of their families, or the interchange of free or reduced-rate transportation for passengers or express matter between common carriers, their officers, agents, employees, attorneys, physicians and surgeons and members of their families, where such common carriers are subject in whole or in part to the jurisdiction of the commission or of the interstate commerce commission ; provided, that such express matter be for the personal use of the person to or for whom such free or reduced-rate transportation is granted, or of his family: nor to prohibit the issue of passes or franks by telegraph or telephone corporations to their officers, agents, employees, attorneys, physicians and surgeons, and members of their families, or the ex- change of passes or franks between such telegraph and telephone corporations or between such corporations and such common carriers, for their officers, agents, employees, attorneys, physicians and surgeons, and members of their families : nor to prevent the carrying out of con- tracts for free or reduced-rate passenger transportation heretofore made, founded upon adequate consideration and lawful when made: nor to prevent a common carrier from transporting, storing or hand- ling, free or at reduced rates, the household goods and personal effects of its employees, of persons entering or leaving its service, and of persons killed or dying while in its service. 4. Other Exceptions. — Every common carrier subject to the provi- sions of this act may transport, free or at reduced rates, persons or property for the United States, state, county or municipal governments, or for charitable purposes, or for patriotic purposes, or to provide relief in cases of general epidemic, pestilence or other calamitous visi- tation, and property to or from fairs or expositions for exhibit thereat ; also contractors and their employees, material or supplies for use or engaged in carrying out their contracts with said carriers, for construc- tion, operation or maintenance work or work incidental thereto on the line of the issuing carrier, to the extent only that such free or reduced- rate transportation is provided for in the specifications upon which the contract is based and in the contract itself. Common carriers may also enter into contracts with telegraph and telephone corporations for an exchange of service. (b) Commission may Establish Exceptions.— Except as in this section otherwise, provided, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals and charges applicable PUBLIC UTILITIES ACT. 843 to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility re- fund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals and charges so specified, nor extend to any corporation or person any form of contract or agreement or any rule or regulation or any facility or privilege except such as are regularly and uniformly extended to all corporations and persons; provided, that the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility. § 18. Filing of Interstate Tariffs. — Every common carrier and every telegraph and telephone corporation shall print and file or cause to be filed with the commission schedules showing all the rates, fares, tolls, rentals, charges and classifications for the transportation of persons or property or the transmission of messages or conversations between all points within this State and all points without the State upon its route, and between all points within this State and all points without the State upon every route leased, operated or controlled by it, and between all points on its route or upon any route, leased, operated or controlled by it within this State and all points without the State upon the route of any other common carrier or telegraph or telephone corporation, whenever a through route and joint rate shall have been established between any two such points. § 19. Preferences. — No public utility shall, as to rates, charges, ser- vice, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either as between localities or as between classes of service. The commission shall have the power to determine any question of fact arising under this section. § 20. Economies — Profit from to Inure to Public Utility. — Nothing in this act shall be taken to prohibit any public utility from itself profiting, to the extent permitted by the commission, from any econo- mies, efficiencies or improvements which it may make, and from dis- tributing by way of dividends, or otherwise disposing of, the profits to which it may be so entitled, and the commission is authorized to make or permit such arrangement or arrangements with any public utility as it may deem wise for the purpose of encouraging economies, efficiencies or improvements and securing to the public utility making the same such portion, if any, of the profits thereof as the commission may determine. § 21. Sliding Scale of Charges — Profit-sharing. — Nothing in this act shall be taken to prohibit a corporation or person engaged in the pro- duction, generation, transmission or furnishing of heat, light, water or power, or telegraph or telephone service, from establishing a sliding scale of charges; provided, that a schedule showing such scale of 844 charges shall first have been filed with the commission and such sched- ule and each rate set out therein approved by it. Nothing in this act shall be taken to prohibit any such corporation or person from entering into an agreement for a fixed period for the automatic adjust- ment of charges for heat, light, water or power, or telegraph or tele- phone service, in relation to the dividends to be paid to stockholders of such corporation, or the profit to be realized by such person ; pro- vided, that a schedule -showing the scale of charges under such arrange- ment shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service, as authorized by this act. § 22. Discrimination Between Utilities Inter Se Prohibited — Con- necting Lines. — (a) Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, tonnage and cars, loaded or empty, between the lines owned, operated, controlled or leased by it and the lines of every other common carrier, and shall make such interchange and transfer promptly without discrimination between shippers, passengers or carriers either as to compensation charged, service rendered or facilities afforded. Every railroad corporation shall receive from every other railroad corporation, at any point of connection, freight-cars of proper standard and in proper condition, and shall haul the same either to destination, if the destination be upon a line owned, operated or controlled by such railroad corporation, or to point of transfer accord- ing to route billed, if the destination be upon the line of some other railroad corporation. Joint Rates. — Nothing in this section contained shall be construed as in anywise limiting or modifying the duty of a common carrier to establish joint rates, fares and charges for the transportation of pas- sengers and property over the lines owned, operated, controlled or leased by it and the lines of other common carriers, nor as in any man- ner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges. (b) Connecting Telephone and Telegraph Companies. — Every tele- phone corporation and telegraph corporation operating in this state shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph corporation with whose line a physical connection may have been made. § 23. False Billing, etc., by Carrier or Shipper. — (a) No common carrier, or any officer or agent thereof, or any person acting for or employed by it, shall, by means of known false billing, classification, weight, weighing, or report of weight, or by any other device or means, assist, suffer or permit any corporation or person to obtain transporta- tion for any person or property between points within this State at less than the rates and fares then established and in force as shown PUBLIC UTILITIES ACT. 845 by the schedules filed and in effect at the time. No person, corpora- tion, or any officer, agent or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weigh- ing, false representation as to contents or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a common carrier or any of its officers, agents or employees, seek to obtain or obtain such transportation for such property at less than the rates then estab- lished and in force therefor. (b) False Claims for Damages. — No person or corporation, or any officer, agent or employee of a corporation, shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of an injury, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit or deposition, or upon any false, fictitious or fraudulent state- ment or entry, obtain or attempt to obtain any allowance, rebate or payment for damage, in connection with or growing out of the trans- portation of persons or property, or an agreement to transport such persons or property, whether with or without the consent or connivance of a common carrier or any of its officers, agents or employees; nor shall any common carrier, or any officer, agent or employee thereof, knowingly pay or offer to pay any. such allowance, rebate or claim for damage. § 24. Long and Short Haul and Service. — (a) No common carrier subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transportation of persons or of a like kind of property for a shorter than for a longer distance over the same line or route in the same direction, within this State, the shorter being included within the longer distance, or charge any greater compensation as a through rate than the aggregate of the intermediate rates ; but this shall not be construed as authorizing any such common carrier to charge or receive as great a compensation for a shorter as for a longer distance or haul. Upon application to the commission, such common carrier may, in special cases, after investi- gation, be authorized by the commission to charge less for a longer than for a shorter distance for the transportation of persons or prop- erty, and the commission may from time to time prescribe the extent to which such carrier may be relieved from the operation and require- ments of this section. (b) Long and Short Distance Messages. — No telephone or telegraph corporation subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction, within this State, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this act; 846 . hillyer's legal manual. but this shall not be construed as authorizing any such telephone or telegraph corporation to charge and receive as great a compensation for a shorter as for a longer distance. Upon application to the com- mission, a telephone or telegraph corporation may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which such telephone or telegraph corporation may be relieved from the operation and requirements of this section. § 25. Switch and Spur Connections. — (a) Every railroad corpora- tion, upon the application of any corporation or person, being a shipper or receiver or contemplated shipper or receiver of freight, for a con- nection between the railroad of such railroad corporation and any ex- isting or contemplated private track, tracks or railroad of such corpo- ration or person, shall make such connection and provide such switches and tracks as may be necessary for that purpose and deliver and re- ceive cars thereover; provided, that such connection is reasonably prac- ticable and can be installed and used without materially increasing the hazard of the operation of the railroad with which such connection is sought, and that the business w^hich may reasonably be expected to be received by such railroad corporation over such connection is sufficient to justify the expense of such connection to such railroad corporation. (b) Shippers to Construct Spurs. — Under the conditions specified in the proviso in subsection (a) hereof, every railroad corporation, upon the application of any corporation or person, being a shipper or re- ceiver or contemplated shipper or receiver of freight, shall construct upon its right of w^ay a spur or spurs for the purpose of receiving and delivering freight thereby, and shall receive and deliver freight thereby. § 26. Foreign Public Utilities Excluded. — No foreign corporation, other than those which by a compliance with the laws of this State are entitled to transact a public utility business within this State, shall henceforth transact within this State any public utility business, nor shall any foreign corporation which is at present lawfully transacting business within this state henceforth transact within this State any public utility business of a character different from that w^hich it is at present authorized by its charter or articles of incorporation to transact, nor shall any license, permit or franchise to own, control, operate or manage any public utility business or any part or incident thereof be henceforth granted or transferred, directly or indirectly, to any foreign corporation which is not at present lawfully transacting within this State a public utility business of like character; provided, that foreign corporations engaging in commerce with foreign nations or commerce among the several states of this Union may transact within this State such eommerce and intrastate commerce of a like character. § 27. Fares and Transfers on Street Railroads. — No street or inter- urban railroad corporation shall charge, demand, collect or receive PUBLIC UTILITIES ACT. 847 more than five cents for one continuous ride in the same general direc- tion within the corporate limits of any city and county, or city or town, except upon a showing before the commission that such greater charge is justified; provided, that until the decision of the commission upon such showing, a street or interurban railroad corporation may con- tinue to demand, collect and receive the fare in effect on October 10, 1911, or at the time the commission acquires as to such corporation the power to fix fares within such city and county, or city or town. Every street or interurban railroad corporation shall upon such terms as the commission shall find to be just and reasonable furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines within the same city and county, or city or town, not reached by the originating car. § 28. Requests for Information. — (a) Every public utility shall furnish to the commission in such form and such detail as the commis- sion shall prescribe all tabulations, computations and all other infor- mation required by it to carry into effect any of the provisions of this act, and shall make specific answers to all questions submitted by the commission. (b) Blanks. — Every public utility receiving from the commission any blanks with directions to fill the same shall cause the same to be properly filled out so as to answer fully and correctly each question propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure. (c) Copies of Records. — Whenever required by the commission, every public utility shall deliver to the commission copies of any or all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers and records in its possession or in any way relating to its prop- erty or affecting its business and also a complete inventory of all its property in such form as the commission may direct. (d) Divulging Information. — No information furnished to the com- mission by a public utility, except such matters as are specifically re- quired to be open to public inspection by the provisions of this act, shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. Any officer or employee of the commis- sion who, in violation of the provisions of this subsection, divulges any such information shall be guilty of a misdemeanor. § 29. Reports. — Every public utility shall annually furnish to the commission at such time and in such form as the commission may re- quire a report in which the utility shall specifically answer all ques- tions propounded by the commission upon or concerning which the commission may desire information. The commission shall have au- thority to require any public utility to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special reports concerning any matter about which the commission is 848 authorized by this or any other act to inquire or to keep itself informed, or which it is required to enforce. All reports shall be under oath when required by the commission. § 30. Compliance With Commission's Orders. — Every public utility shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the com- mission in the matters herein specified, or any other matter in any way relating to or affecting its business as a public utility, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation by all of its officers, agents and employees. § 31. Powers of Commission. — The railroad commission is hereby vested w4th power and jurisdiction to supervise and regulate every public utility in the State and to do all things, whether herein spe- cifically designated or in addition thereto, which are necessary and convenient in the exercise of such power and jurisdiction. § 32. Charges to be Fixed by Commission. — (a) "Whenever the com- mission, after a hearing had upon its own motion or upon complaint, shall find that the rates, fares, tolls, rentals, charges or classifications, or any of them, demanded, observed, charged or collected by any pub- lie utility for any service or product or commodity, or in connection therewith, including the rates or fares for excursion or commutation tickets, or that the rules, regulations, practices or contracts, or any of them, affecting such rates, fares, tolls, rentals, charges or classifications, or any of them, are unjust, unreasonable, discriminatory or preferen- tial, or in anywise in violation of any provision of law, or that such rates, fares, tolls, rentals, charges or classifications are insufficient, the commission shall determine the just, reasonable or sufficient rates, fares, tolls, rentals, charges, classifications, rules, regulations, practices or contracts to be thereafter observed and in force, and shall fix the same by order as hereinafter provided. (b) Powers of Commission in Investigations. — The commission shall have power, upon a hearing, had upon its own motion or upon com- plaint, to investigate a single rate, fare, toll, rental, charge, classifica- tion, rule, regulation, contract or practice, or any number thereof, or the entire schedule or schedules of rates, fares, tolls, rentals, charges, classifications, rules, regulations, contracts and practices, or any thereof, of any public utility, and to establish new rates, fares, tolls, rentals, charges, classifications, rules, regulations, contracts or practices, or schedule or schedules, in lieu thereof. § 33. Joint Rates and Through Routes on Common Carriers. — When- ever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rates, fares or charges in force over two or more common carriers, between any two points in this State, are unjust, unreasonable or excessive, or that no satisfactory through route or joint rate, fare or charge exists between such points, and that the public convenience and necessity demand the establishment of a through PUBLIC UTILITIES ACT. 849 route and joint rate, fare or charge between such points, the commis- sion may order such common carriers to establish such through route and may establish and fix a joint rate, fare or charge which will be fair, just, reasonable and sufficient, to be followed, charged, enforced, demanded and collected in the future, and the terms and conditions under which such through route shall be operated. The commission may order that freight moving between such points shall be carried by the different common carriers, parties to such through route and joint rate, without being transferred from the originating cars. In case the common carriers do not agree upon the division between them of the joint rates, fares or charges established by the commissioner over such through routes, the commission shall,, after hearing, by sup- plemental order, establish such division ; provided, that where any railroad which is made a party to a through route has itself over its own line an equally satisfactory through route between the termini of the through route established, such railroad shall have the right to re- quire as its division of the joint rate, fare or charge its local rate, fare or charge over the portion of its line comprised in such through route, and the commission may, in its discretion, allow^ to such railroad more than its local rate, fare or charge w^henever it will be equitable so to do. The commission shall have the power to establish and fix through routes and joint rates, fares or charges over common carriers and stage or auto stage lines and to fix the division of such joint rates, fares or charges. § 34. Interstate Rates. — The commission shall have the power to investigate all existing or proposed interstate rates, fares, tolls, charges and classifications, and all rules and practices in relation thereto, for or in relation to the transportation of persons or property or the transmission of messages or conversations, where any act in relation thereto shall take place within this State ; and w^hen the same are, in the opinion of the commission, excessive or discriminatory or in violation of the act of Congress entitled ^'An act to regulate com- merce," approved February 4th, 1887, and the acts amendatory thereof and supplementary thereto, or of any other act of Congress, or in conflict with the rulings, orders or regulations of the Interstate Com- merce Commission, the commission may apply by petition or other- wise to the Interstate Commerce Commission or to any court of com- petent jurisdiction for relief. § 35. Service, Equipment, Facilities to be Fixed by the Commission. Whenever the commission, after a hearing had upon its own motion or, upon complaint, shall find that the rules, regulations, practices, equipment, appliances, facilities or service of any public utility, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the commission shall determine the just, reasonable, safe, proper, adequate or sufficient rules, regulations, practices, equip- ment, appliances, facilities, service or methods to be observed, fur- 54 850 hillyer's legal manual. nished, constructed, enforced or employed, and shall fix the same by its order, rule or regulation. The commission shall prescribe rules and regulations for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any pub- lic utility, and, on proper demand and tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules. § 36. Power of Commission to Order Additions, Improvements, Changes. — Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that additions, extensions, repairs or improvements to, or changes in, the existing plant, equipment, ap- paratus, facilities or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, or that a new structure or structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the commission shall make and serve an order directing that such additions, extensions, repairs, improvements or changes be made or such structure or structures be erected in the manner and within the time specified in said order. If the commission orders the erection of a new structure, it may also fix the site thereof. If any additions, extensions, repairs, improve- ments or changes, or any new structure or structures which the com- mission has ordered to be erected, require joint action by two or more public utilities, the commission shall notify the said public utilities that such additions, extensions, repairs, improvements or changes or new structure or structures have been ordered and that the same shall be made at their joint cost, whereupon the said public utilities shall have such reasonable time as the commission may grant within which to agree upon the portion or division of cost of such additions, exten- sions, repairs, improvements or changes or new structure or structures, which each shall bear. If at the expiration of such time such public utilities shall fail to file with the commission a statement that an agree- ment has been made for a division or apportionment of the cost or ex- pense of such additions, extensions, repairs, improvements or changes, or new structure or structures, the commission shall have authority, after further hearing, to make an order fixing the proportion of such cost or expense to be borne by each public utility and the manner in which the same shall be paid or secured. § 37. Power of Commission to Order Changes in Time Schedules and Running of Additional Cars and Trains. — Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that any railroad corporation or street railroad corporation does not run a sufficient number of trains or cars, or possess or operate suffi- cient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same PUBLIC UTILITIES ACT. 851 at proper places, or does not run any train or trains, car or ears, upon a reasonable time schedule for the run, the commission shall have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars or to change the time schedule for the run of any train or car, or to change the stopping place or places thereof, or to make any other order that the commission may determine to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation. § 38. Track Connections. — Whenever the commission, after a hear- ing had upon its own motion or upon complaint, shall find that the public convenience and necessity would be subserved by having con- nections made between the tracks of any two or more railroad or street railroad corporations, so that cars may readily be transferred from one to the other, at any of the points hereinafter in this section speci- fied, the commission may order any two or more such corporations owning, controlling, operating or managing tracks of the same gauge to make physical connections at any and all crossings, and at all points where a railroad or street railroad shall begin or terminate or run near to any other railroad or street railroad. After the necessary fran- chise or permit has been secured from the city and county, or city or town, the commission may likewise order such physical connection, within such city and county, or city or town, between two or more railroads which enter the limits of the same. The commission shall by order direct whether the expense of the connections referred to in this section shall be borne jointly or otherwise. § 39. Switch and Spur Connections — Interchange Switching to In- dustrial Tracks. — (a) Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that application has been made by any corporation or person to a railroad corporation for a connection or spur as provided in section 25 of this act, and that the railroad corporation has refused to provide such connection or spur and that the applicant is entitled to have the same provided for him under said section 25, the commission shall make an order requir- ing the providing of such connection or spur and the maintenance and use of the same upon reasonable terms which the commission shall have the power to prescribe. Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to con- nect with the private track, tracks or railroad thereby connected with the railroad of the railroad corporation and to use the same or to use the spur so provided upon payment to the party or parties incurring the primary expense of such private track, tracks or railroad, or the connection therewith or of such spur, of a reasonable proportion of the cost thereof to be determined by the commission after notice to the interested parties and a hearing thereon; provided, that such connec- tion and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense. 852 HILLYER^S LEGAL MANUAL. (b) Power to Require Switching of Cars of Connecting Railroad. — The commission shall likewise have the power to require one railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to pre- scribe the terms and compensation for such service. § 40. Physical Connections and Joint Rates — ^Telephone and Tele- graph Corporations. — Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that a physical con- nection can reasonably be made between the lines of two or more tele- phone corporations or two or more telegraph corporations whose lines can be made to form a continuous line of communication, by the con- struction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience and necessity will be subserved thereby, or shall find that two or more telegraph or telephone corporations have failed to establish joint rates, tolls or charges for service by or over their said lines, and that joint rates, tolls or charges ought to be established, the commission may, by its order, require that such connection be made, except where the purpose of such connection is primarily to secure the transmission of local messages or conversations between points within the same city and county, or city or town, and that conversations be transmitted and messages trans- ferred over such connection under such rules and regulations as the commission may establish, and prescribe through lines and joint rates, tolls and charges to be made, and to be used, observed and in force in the future. If such telephone or telegraph corporations do not agree upon the division between them of the cost of such physical con- nection or connections or the division of the joint rates, tolls, or charges established by the commission over such through lines, the commission shall have authority, after further hearing, to establish such division by supplemental order. § 41. Use of Joint Facilities. — Whenever the commission, after a hearing had upon its own motion or upon complaint of a public utility affected, shall find that public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes or other equipment, or any part thereof, on, over, or under any street or highway, and belonging to another public utility, and that such use will not result in irreparable injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes, or other equipment or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms, and conditions or compensation for the same, the commission may by order direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for the joint use. If such use be directed, the public utility to whom the use is permitted shall be liable to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment for such damage as may result therefrom to the property of such owner or other users thereof. PUBLIC UTILITIES ACT. 853 § 42. Health and Safety— Safety Devices.— The commission shall have power, after a hearing had upon its own motion or upon com- plaint, by general or special orders, rules or regulations, or otherwise, to require every public utility to construct, maintain and (xperate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its em- ployees, passengers, customers, and the public, and to this end to pre- scribe, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliances, includ- ing interlocking and other protective devices at grade crossings or junctions and block or other systems of signaling, to establish uniform or other standards of construction and equipment, and to require the performance of any other act which the health or safety of its em- ployees, passengers, customers or the public may demand. § 43. Grade Crossings. — (a) No public road, highway or street shall hereafter be constructed across the track of any railroad corpo- ration at grade, nor shall the track or any railroad corporation be constructed across a public road, highway or street at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade, nor shall the track of a street railroad corporation be constructed across the track of a railroad corporation at grade, without having first secured the permission of the commission; provided, that this subsection shall not apply to the replacement of lawfully existing tracks. The com- mission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe. (b) Powers of Commission in Presenting Crossings. — The commis- sion shall have the exclusive power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each cross- ing of one railroad by another railroad or street railroad, and of a street railroad by a railroad, and of each crossing of a public road or highway by a railroad or street railroad and of a street by a railroad or vice versa, subject to the provisions of section 2694 of the Political Code, so far as applicable, and to alter or abolish any such crossing, and to require where, in its judgment, it would be practicable, a sepa- ration of grades at any such crossing heretofore or hereafter estab- lished and to prescribe the terms upon which such separation shall be made and the proportions in which the expense of the alteration or abolition of such crossings or the separation of such grades shall be divided between the railroad or street railroad corporations affected or between such corporations and the state, county, municipality or other public authority in interest. § 44. Investigation of Accidents — Reports to Commission.— The commission shall investigate the cause of all accidents occurring within this State upon the property of any public utility or directly or indi- rectly arising from or connected with its maintenance or operation, 854 hillyer's legal manual. resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable ; provided, that neither the order or recommendation of the commission nor any accident report filed with the commission shall be admitted as evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to. Every public utility is hereby required to file with the commission, under such rules and regulations as the commission may prescribe, a report of each accident so occurring of such kinds or classes as the commission may from time to time designate. § 45. Power of Commission to Provide Rules for Expediting Traffic. (a) The commission shall have power to provide by proper rules and regulations the time within which all railroad corporations shall fur- nish, after demand therefor, all cars, equipment and facilities neces- sary for the handling of freight in carload and less than carload lots, the time within which consignors or persons ordering cars shall load the same, and the time within which consignees or persons to whom freight may be consigned shall unload and discharge the same and receive freight from the freight-rooms, and to provide penalties to be paid for failure on the part of the railroad corporations, consignors and consignees to conform to such rules. Charges for demurrage shall be uniform so that the same penalty shall be paid by both shipper or consignee and railroad corporation for an equal number of cars for each day for which demurrage is charged. (b) Express and Telegraph Rules and Regulations. — The commission shall also have power to provide the time within which express pack- ages shall be received, gathered, transported and delivered at destina- tion, and the limits within which express packages shall be gathered and distributed and telegraph and telephone messages delivered with- out extra charge. § 46. Power of Commission as to Service, etc., of Public Utilities. — (a) The commission shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or ser- vice to be furnished, imposed, observed and followed by all electrical, gas and water corporations ; to ascertain and fix adequate and service- able standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the prod- uct, commodity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such product, commodity or service and for the measure- ment thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility. PUBLIC UTILITIES ACT. 855 (b) Right of Entry. — The commissioners and their officers and em- ployees shall have power to enter upon any premises occupied by any public utility, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this act, and to set up and use on such premises any apparatus and appliances neces- sary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examinations and tests. (c) Testing Measurements — Fees. — Any consumer or user of any product, commodity or service of a public utility may have any appli- ance used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the con- sumer or user, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance is found defective or incorrect to the disadvantage of the consumer or user, under such rules and regulations as may be prescribed by the commission. § 47. Valuation of Property. — The commission shall have power to ascertain the value of the property of every public utility in this State and every fact which in its judgment may or does have any bearing on such value. The commission shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every public utility. Acquisition of Public Utility by Municipality. — Any county, city and county, incorporated city or town or municipal water district may at any time file with the commission a petition setting forth the intention of said county, city and county, incorporated city or town or municipal water district to acquire under eminent domain proceedings, or other- wise, any existing public utility, and the lands, property and rights of any character whatsoever connected with such existing public utility, or any part or portion thereof. Said petition shall give a full and complete description of said public utility, lands, property and rights, or the parts or portions thereof it is so intended to acquire, and may pray that the commission fix and determine the just compensation which shall be paid by such county, city and county, incorporated city or town, or municipal water district, under the law, for said public utility and said lands, property and rights thereof, or the parts or por- tions thereof sought to be acquired. Or the legislative or other governing body of any such county, city and county, incorporated city or town, or municipal water district may file with the commission a petition setting forth its intention to initiate such proceedings as may be required under the law governing such county, city and county, incorporated city or town or municipal water district, for the purpose of submitting to the voters of said county, city and county, incorpo- rated city or town, or municipal water district a proposition to acquire under eminent domain proceedings, or otherwise, any existing public 856 hillyer's legal manual. utility and the lands, property and rights of any character whatsoever connected with such existing public utility, or any parts or portions thereof. Such petition shall give a full and complete description of the said public utility, lands, property, rights, or the parts or portions thereof concerning which it is so intended to initiate said proceedings as above described. Upon either of such petitions being filed, the commission shall proceed to fix and determine the just compensation that should be paid to the owner of such public utility and the lands, prop- erty and rights thereof, or any such parts or portions thereof, in the manner and in accordance with the provisions of section 70 of this act. In the case of the petition first above described, within sixty days after the commission shall have certified, in accordance with section 70, its findings as to the just compensation that should be so paid for such existing public utility and the lands, property and rights thereof, or any such parts or portions thereof, the said county, city and county, incor- porated city or town or municipal water district must commence an action in a court of competent jurisdiction and in a manner in accord- ance with the provisions of law, to take under eminent domain proceed- ings said existing public utility and the lands, property and rights thereof or any such parts or portions thereof, the value of which has been so fixed and determined as herein provided, unless the owner of such existing public utility and the lands, property and rights thereof, or any such parts or portions thereof, shall file a written stipulation consenting and agreeing to accept the compensation so fixed by the com- mission to be paid by the said county, city and county, incorporated city or town, or municipal water district for the taking of said existing public utility and the lands, property and rights thereof, or any such parts or portions thereof. Said county, city and county, incorporated city or town or municipal water district shall not be required to delay for more than twenty days after the said commission shall have so certi- fied its findings in accordance with said section 70, before commencing such proceedings in eminent domain. In the case of a petition of said legislative, or other governing body of any county, city and county, in- corporated city or town, or municipal water district, filed as above described, setting forth its intention to so initiate such proceedings for the purpose of so submitting a proposition to the voters of any such county, city and county, incorporated city or town or municipal water district, then within sixty days after the commission shall have certi- fied, in accordance with section 70, it findings as to the just compensa- tion that should be so paid for such existing public utility and the lands, property and rights thereof, or any such part or portion thereof, the said legislative or other governing body must so initiate such pro- ceedings, unless there be obtained a writ of review from the supreme court of the State of California, in accordance with the provisions of section 70 hereof, and if said writ of review be so obtained the time for the initiation of such proceedings shall be extended to not more than sixty days beyond the final decision of the supreme court upon such writ of review. If the people of any such county, city and county, PUBLIC UTILITIES ACT. 857 incorporated city or town, or municipal water district, shall thereafter, as required by the law governing such county, city and county, incor- porated city or town or municipal water district, vote in favor of any proposition to acquire under eminent domain proceedings or otherwise, said public utility, or the lands, property and rights thereof, or any such parts or portions thereof, then the said county, city and county, incorporated city or town, or municipal water district, shall, within sixty days after the people have so declared in favor of such acquisi- tion, commence an action in a court of competent jurisdiction, and in a manner in accordance with the provisions of law, to take under emi- nent domain proceedings said existing utility and the lands, property and rights thereof, or any such parts or portions thereof, the value of which has been so fixed and determined as herein provided, unless the owner of such existing public utility and the lands, property, and rights thereof, or any such parts or portions thereof, shall file a written stipulation consenting and agreeing to accept the compensation so fixed by the commission to be paid by the said county, city and county, incorporated city or town or municipal water district for the taking of said existing public utility and the lands, property and rights thereof, or any such parts or portions thereof. Said county, city and county, incorporated city or town, or municipal water district shall not be required to delay for more than twenty days after the said commission shall have so certified its findings, in accordance with said section 70, before commencing such proceedings in eminent domain; provided, however, that in any case where the law governing any such county, city and county, incorporated city or town, or municipal w^ater district permits such county, city and county, incorporated city or town, or municipal water district to commence and prosecute such proceedings in eminent domain prior to any such vote being had by the people, then the said county, city and county, incorporated city or town, or municipal water district whose legislative or other govern- ing body has so filed such a petition with the commission, as above described, may, within sixty days after the commission shall have certified, in accordance with section 70, its findings as to the just compensation that should be so paid for such existing public utility and the lands, property and rights thereof, or any such part or portion thereof, commence an action in a court of competent jurisdiction and m a manner and in accordance with the provisions of law, to take under eminent domain proceedings said existing public utility and the lands, property and rights thereof, or any such parts or portions thereof, the value of which has been so fixed and determined as herein provided, unless the owner of such existing public utility and the lands, property and rights thereof, or any such parts or portions thereof, shall file a written stipulation consenting and agreeing to accept the compensation so fixed by the commission to be paid by said county, city and county, incorporated city or town, or municipal water district for the taking of said existing public utility and the lands, property and rights thereof, or any such parts or portions thereof. 858 hillyer's legal manual. Said county, city and county, incorporated city or town, or municipal water district, shall not be required to delay for more than twenty days after the said commission shall have so certified its findings in accord- ance with said section 70, before commencing such proceedings in eminent domain. Completion of Purchase. — Whenever the owner of such existing public utility and such lands, property and rights thereof, or any such parts or portions thereof, shall file such a stipulation, the said county, city and county, incorporated city or town or municipal water district must proceed w^ith all due diligence to provide the necessary funds under the laws governing the providing of such funds, for paying to the owner of such existing public utility and such lands, property and rights thereof or any such parts or portions thereof, the amount fixed by the commission as the just compensation to be paid. Upon such compensation being paid to the owner of said existing public utility or the lands, property and rights thereof, or any such parts or portions thereof, the owner thereof shall make and execute to the said county, city and county, incorporated city or town or municipal water district a deed of grant, bargain and sale conveying all of the right, title and interest such owner has in the existing public utility and lands, prop- erty and rights thereof, or any such parts or portions thereof whose value has been so fixed as herein provided. And in default of such deed the commission is hereby empowered to execute such deed, as the trustee of said public utility and lands, property and rights thereof, or any such parts or portions thereof. Should the owner of such existing public utility and the lands, property and rights thereof, or such parts or portions thereof, fail to file such a written stipulation as above, the said county, city and county, incorporated city or town or municipal w^ater district must commence the action herein provided for within the time herein provided for. In such action the compensation fixed by the commission to be paid for such existing public utility and the lands, property and rights thereof, or any such parts or portions thereof, shall be deemed final and conclusive between the parties; and the court in which the action is pending, if it shall first decide that such county, city and county, incorporated city or town, or municipal water district has the right and power under the law to take the said existing public utility and the lands, property and rights thereof, or such parts or portions thereof, whose value has been so fixed as herein provided for, shall enter a decree in favor of the said county, city and county, incorporated city or town, or mimici- pal water district, as provided by law, fixing the amount that shall be paid as the .iust compensation for the taking of such existing public utility and the lands, property and rights thereof, or any parts or por- tions thereof, as the amount fixed and determined by the commission. The judgment shall include a provision, in substance, that said judg- ment is subject to modification on account of any unreasonable depre- ciation or deterioration in value of the property taken, or on account of any loss which might be suffered by the owner of said public utility PUBLIC UTILITIES ACT. 859 through his being required to properly take care of said property, as is hereinafter more fully provided for. If between the date of the filing of any such petition and the payment of the compensation to the owner of the public utility, the owner of the public utility shall permit the property taken to unreasonably depreciate or deteriorate in value, the said county, city and county, incorporated city or town or muni- cipal water district may file with the commission a petition setting forth that fact, and praying that the commission determine and fix the amount of said unreasonable depreciation or deterioration. The com- mission shall thereupon order a copy of said petition to be served upon the owner of said public utility with an order to within ten days appear before said commission and show cause why there should not be deducted from the amount of compensation to be paid an amount sufficient to cover said depreciation or deterioration. The commission shall on the day so fixed, unless for good cause the hearing is continued, proceed to ascertain whether there has been any such depreciation or deterioration, and if so, what amount should be deducted therefor from the compensation to be paid. Hearings shall be had in the same man- ner as provided in section 70 of this act. The commission shall there- upon certify to the court any amount which may be determined upon that should be so deducted from the compensation, and the court shall thereupon modify its judgment in order to conform with said ascer- tainment by said commission. If between the time when the judgment in condemnation has become final and the time of the payment of the compensation the owner of the public utility shall, in order to preserve the property, be required to suffer a loss, the said owner may file a petition with the commission setting forth this fact, and praying that the commission determine and fix the amount of the loss which the owner has so suffered. The commission shall thereupon order a copy of said petition to be served upon the said county, city and county, incorporated city or town or municipal water district, with an order to within ten days appear before said commission to show cause why there should not be paid, in addition to the amount of the judgment, an amount sufficient to compensate for the said loss. The commission shall on the day so fixed, unless for good cause the hearing is con- tinued, proceed to ascertain whether there has been any such loss, and if so, how much. The hearing shall be conducted as provided in sec- tion 70 of this act. The commission shall thereupon certify to the court any amount of loss so determined upon, and the court shall thereupon modify its judgment in order to conform with said ascer- tainment by the commission. Said amount of loss which may be so required to be paid to the owner of said utility shall not be considered as compensation for the property taken, but shall be considered as damages awarded for the loss so sustained by the owner of the utility. And the filing of any such petition by the owner of the utility shall not act as a stay of the decree in condemnation, but upon the payment of the amount fixed in the original decree in condemnation, the plaintiff shall be entitled to immediate possession of the property taken. The 860 findings of the commission fixing the just compensation to be paid or the amount that should thus be deducted from the judgment on ac- count of such unreasonable depreciation or deterioration, or that should thus be added to the judgment on account of said loss suffered, shall be subject to review by the supreme court of this state in the same manner and within the same time as other orders and decisions of the commission. Said writ of review may be issued at the instance of either the owner of the public utility or of the said county, city and county, incorporated city or town, or municipal w^ater district. Review. — Should a writ of review be obtained from the supreme court of the State of California in accordance with the provisions of section 70 hereof, the time for the filing of such suit in eminent domain by the said county, city and county, incorporated city or town or municipal water district shall be extended to not more than sixty days beyond the final decision of the supreme court upon such writ of review; or, should said writ of review be obtained prior to the vote by the people of said county, city and county, incorporated city or town or municipal water district upon any such proposition, then said sixty days period to be extended to not longer than sixty days after such vote is had. If the said county, city and county, incorporated city or town or municipal water district or the legislative or other governing body thereof shall fail to file such suit or proceed diligently to enforce the rights herein conferred and in the manner herein set forth, then upon written petition from the owner of such existing public utility setting forth said fact, the commission shall cause a notice of not less than ten days to be given to said county, city and county, incorporated city or toAvn or municipal water district to appear before said commission and show cause why an order should not be made by said commission, finding that the said county, city and county, incorporated city or town or municipal water district has failed to diligently pursue its rights hereby conferred, and determining that the findings of the said commission theretofore made as to the just com- pensation that should be paid for the existing public utility and the lands, property and rights thereof, or any such part or portion thereof, shall no longer be of any force or effect. And said notice shall include a copy of said written petition so filed by said owner of such existing public utility. If the commission shall determine that said county, city and county, incorporated city or town, or municipal water district, or the legislative or other governing body thereof, has so failed to either file such suit or to proceed diligently to enforce the rights herein con- ferred and in the manner herein set forth, the commission shall make and enter such an order as so petitioned for by the owner of such exist- ing public utility. Should the supreme court, upon a writ of review being obtained, decide that in any manner the commission has not law- fully pursued its power hereby conferred or conferred in this act, the supreme court shall make its findings and refer the matter back to the commission for correction or further action. Upon such writ coming down to the commission it shall proceed, as in the first instance, to cor- PUBLIC UTILITIES ACT. 861 rect its findings in the manner specified in the writ of review. Any- such county, city and county, incorporated city or town, or municipal water district must pay at such times in such amounts as may be directed by said railroad commission any extra costs which it might be necessary for said railroad commission to incur in order to comply with the requirements of this section. And the court, upon rendering any judgment in eminent domain, as herein provided for, may include therein the allowance of such costs as between the parties as is pro- vided for in the law of eminent domain of this State. The rights herein conferred upon any county, city and county, incorporated city or town or municipal water district or upon the legislative, or other governing body thereof, to so file with the commission a petition for the ascer- tainment of the just compensation that should be so paid for any such existing public utility and lands, property and rights thereof, or any such part or portion thereof, shall not be considered as an exclusive mode of procedure, but shall be considered as an alternative and cumu- lative procedure which may be followed by such county, city and county, incorporated city or town or municipal water district or the legislative or other governing body thereof, in addition to any other method of procedure provided for in law for the taking by said county, city and county, incorporated city or town, or municipal water dis- trict, of any such public utility or lands, property and rights thereof, or any such part or portion thereof, under eminent domain proceedings, in accordance with the law of this state ; and this act shall not be con- strued as repealing any law of this state providing for such eminent domain proceedings. § 48. Uniform System of Accounts — Access to Accounts, etc. — The commission shall have power to establish a system of accounts to be kept by the public utilities subject to its jurisdiction, or to classify said public utilities and to establish a system of accounts for each class, and to prescribe the manner in which such accounts shall be kept. It may also in its discretion prescribe the forms of accounts, records and memoranda to be kept by such public utilities, including the ac- counts, records and memoranda of the movement of traffic as well as the receipts and expenditures of moneys, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this act. The system of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the act of Congress entitled ''An act to regulate commerce," approved February 4th, 1887, and the acts amendatory thereof and supplementary thereto, with the systems and forms from time to time established for such corporations by the interstate commerce commission, but nothing herein contained shall affect the power of the commission to prescribe forms of accounts, records and memoranda covering information in addition to that re- quired by the interstate commerce commission. The commission may, after hearing had upon its own motion or upon complaint, prescribe by 862 HILLYER^S LEGAL MANUAL. order the aeeoimts in which particular outlays and receipts shall be entered, charged or credited. "Where the commission has prescribed the forms of accounts, records or memoranda to be kept by any public utility for any of its business, it shall thereafter be unlawful for such public utility to keep any accounts, records or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other State or of the United States, excepting such accounts, records or memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission. § 49. Depreciation Accounts. — The commission shall have power, after hearing, to require any or all public utilities to carry a proper and adequate depreciation account in accordance with such rules, regu- lations and forms of account as the commission may prescribe. The commission may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of each public utility. Each public utility shall conform its depreciation accounts to the rates so ascertained, deter- mined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the commis- sion may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund. § 50. New Construction. — (a) No street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation shall henceforth begin the construction of a street railroad, or of a line, plant or system, or of any extension of such street rail- road, or line, plant, or system, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction ; provided, that this section shall not be construed to require any such corporation to secure such certificate for an extension within any city and county or city or town within which it shall have theretofore lawfully commenced operations, or for an extension into territory either within or without a city and county or city or town, contiguous to its street railroad, or line, plant or system, and not theretofore served by a public utility of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business; and provided, further, that if any public utility, in constructing or extending its line, plant, or system, shall interfere or be about to interfere with the operation of the line, plant or system of any other public utility, already constructed, the commission, on complaint of the public util- ity claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions for the location of the lines, plants or systems affected as to it may seem just and reasonable, (b) Franchises and Privileges — Certificate of Public Convenience. — No public utility of a class specified in subsection (a) hereof PUBLIC UTILITIES ACT. 863 shall henceforth exercise any right or privilege under anj^ franchise or permit hereafter granted, or under any franchise or permit heretofore granted but not heretofore actually exercised, or the exer- cise of which has been suspended for more than one year, without first having obtained from the commission a certificate that public con- venience and necessity require the exercise of such right or privilege ; provided, that when the commission shall find, after hearing, that a public utility has heretofore begun actual construction work and is prosecuting such work, in good faith, uninterruptedly and with rea- sonable diligence in proportion to the magnitude of the undertaking, under any franchise or permit heretofore granted but not heretofore actually exercised, such public utility may proceed, under such rules and regulations as the commission may prescribe, to the completion of such work, and may, after such completion, exercise such right or privilege ; and provided, further, that this section shall not be con- strued to validate any right or privilege now invalid or hereafter becoming invalid under any law of this State. (c) Proceedings on Application for Certificate. — Before any certifi- cate may issue, under this section, a certified copy of its articles of incorporation or charter, if the applicant be a corporation, shall be filed in the office of the commission. Every applicant for a certifi- cate shall file in the office of the commission such evidence as shall be required by the commission to sihow that such applicant has received the required consent, franchise or permit of the proper county, city and county, municipal or other public authority. The commission shall have power, after hearing, to issue said certificate, as prayed for, or to refuse to issue the same, or to issue it for the construction of a portion only of the contemplated street railroad, line, plant or system, or extension thereof, or for the partial exercise only of said right or privilege, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require. If a public utility desires to exercise a right or privilege under a franchise or permit which it con- templates securing, but which has not as yet been granted to it, such public utility may apply to the commission for an order preliminary to the issue of the certificate. The commission may thereupon make an order declaring that it will thereafter, upon application, under such rules and regulations as it may prescribe, issue the desired certificate, upon such terms and conditions as it may designate, after the public utility has obtained the contemplated franchise or permit. Upon the presentation to the commission of evidence satisfactory to it that such franchise or permit has been secured by such public utility, the com- mission shall thereupon issue such certificate. § 51. Transfer of Property, Franchises, etc. — (a) No railroad cor- poration, street railroad corporation, pipe-line corporation, gas corpora- tion, electrical corporation, telephone corporation, telegraph corporation or water corporation shall henceforth sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or any part of its railroad, 864 hillyer's legal manual. street railroad, line, plant or system, necessary or useful in the perform- ance of its duties to the public, or any franchise or permit or any right thereunder, nor by any means whatsoever, direct or indirect, merge or consolidate its railroad, street railroad, line, plant or system, or franchises or permits or any part thereof, with any other public utility, without hav- ing first secured from the commission an order authorizing it so to do. Every such sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with the order of the commission authorizing the same shall be void. The permission and approval of the commission to the exercise of a franchise or permit under section 50 of this act, or the sale, lease, assignment, mortgage or other disposition or encumbrance of a franchise or permit under this section shall not be construed to revive or validate any lapsed or invalid franchise or permit, or to enlarge or add to the powers or privileges contained in the grant of any franchise or permit, or to waive any forfeiture. Nothing in this subsection contained shall be construed to prevent the sale, lease or other disposition by any pub- lic utility of a class designated in this subsection of property which is not necessary or useful in the performance of its duties to the public, and any sale of its property by such public utility shall be conclusively presumed to have been of property w^hich is not useful or necessary in the performance of its duties to the public, as to any purchaser of such property in good faith for value. (b) Acquisition and Transfer of Stock.— No public utility shall hereafter purchase or acquire, take or hold, any part of the capital stock of any other public utility, organized or existing under or by virtue of the laws of this State, without having been first authorized to do so by the commission. Every assignment, transfer, contract or agreement for assignment or transfer of any stock by or through any person or corporation to any corporation or otherwise in violation of any of the provisions of this section shall be void and of no effect, and no such transfer shall be made on the books of any public utility. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired. § 52. Approval of Stocks and Stock Certificates, and Bonds, Notes and Other Evidence of Indebtedness. — (a) The power of public utili- ties to issue stocks and stock certificates, and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this State is a special privilege, the right of supervision, regu- lation, restriction and control of w^hich is and shall continue to be vested in the State, and such pow-er shall be exercised as provided by law and under such rules and regulations as the commission may prescribe. (b) Conditions of Issue of Stock, Bonds and Notes. — A public utility may issue stocks and stock certificates, and bonds, notes and other evidences of indebtedness payable at periods of more than twelve months after the date thereof, for the following purposes and no others, namely, for the acquisition of property, or for the construe- PUBLIC UTILITIES ACT. 865 lion, completion, extension or improvement of its facilities, or for the improvement or maintenance of its service, or for the clischarjare or law- ful refunding of its obligations, or for the reimbursement of moneys actually expended from income or from any other moneys in the treas- ury of the public utility not secured by or obtained from the issue of stocks or stock certificates, or bonds, notes or other evidences of in- debtedness of such public utility, within five years next prior to the filing of an application with the commission for the required authoriza- tion, for any of the aforesaid purposes except maintenance of service and replacements, in cases where the applicant shall have kept its accounts and vouchers for such expenditures in such manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which such expenditure was made ; provided, that such public utility, in addition to the other requirements of law, shall first have secured from the commission an order authorizing such issue and stating the amount thereof and the purpose, or purposes to which the issue or the proceeds thereof are to be applied, and that, in the opinion of the commission, the money, property or labor to be procured or paid for by such issue is reasonably required for the purpose or purposes specified in the order, and that, except as otherwise permitted in the order in the case of bonds, notes or other evidences of indebtedness, such purpose or purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income. To enable it to determine whether it will issue such order, the commission shall hold a hearing and may make such additional inquiry or investiga- tion, and examine such witnesses, books, papers, documents and con- tracts and require the filing of such data as it may deem of assistance. The commission may by its order grant permission for the issue of such stocks or stock certificates, or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of its permission such condition or conditions as it may deem reasonable and necessary. The commis- sion may authorize issues of bonds, notes or other evidences of in- debtedness, less than, equivalent to or greater than the authorized or subscribed capital stock of a public utility corporation, and the provi- sions of sections 309 and 456 of the Civil Code of this State, in so far as they contain inhibitions against the creation by corporations of indebtedness, evidenced by bonds, notes or otherwise, in excess of their total authorized or subscribed capital stock shall have no appli- cation to public utility corporations. No public utility shall, without the consent of the commission, apply the issue of any stock or stock certificate, or bond, note or other evidence of indebtedness, or any part thereof, or any proceeds thereof, to any purpose not specified in the commission's order, or to any purpose specified in the commission's order in excess of the amount authorized for such purpose, or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof. A public utility may issue notes, for proper purposes and not in violation of any provision of this act 55 866 hillyer's legal manual. or any other act, payable at periods of not more than twelve months after the date of issuance of the same, without the consent of the commission, but no such note shall, in whole or in part, be refunded by any issue of stocks or stock certificates, or of bonds, notes of any term or character or any other evidence of indebtedness, without the consent of the commission. The commission shall have no power to authorize the capitalization of the ri2:ht to be a corporation, or to authorize the capitalization of any franchise or permit whatsoever or the right to own, operate or enjoy any such franchise or permit, in excess of the amount (exclusive of any tax or annual charge) actually paid to the State or to a political subdivision thereof as the consid- eration for the grant of such franchise, permit or right ; nor shall any contract for consolidation or lease be capitalized, nor shall any public utility hereafter issue any bonds, notes or other evidences of indebted- ness against or as a lien upon any contract for consolidation or merger. (c) Accounting for Proceeds. — The commission shall have the power to require public utilities to account for the disposition of the pro- ceeds of all sales of stocks and stock certificates, and bonds, notes and other evidences of indebtedness, in such form and detail as it may deem advisable, and to establish such rules and regulations as it may deem reasonable and necessary to insure the disposition of such pro- ceeds for the purpose or purposes specified in its order. (d) Unauthorized Issues. — All stock and every stock certificate, and every bond, note or other evidence of indebtedness, of a public utility, issued without an order of the commission authorizing the same then in effect shall be void, and likewise all stock and every stock certificate, and every bond, note or other evidence of indebtedness, of a public util- ity, issued with the authorization of the commission, but not conform- ing in its provisions to the provisions, if any, which it is required by the order of authorization of the commission to contain, shall be void ; but no failure in any other respect to comply with the terms or conditions of the order of authorization of the commission shall render void any stock or stock certificate, or any bond, note or other evidence of in- debtedness, except as to a corporation or person taking the same other- wise than in good faith and for value and without actual notice. (e) Penalty. — Every public utility which, directly or indirectly, is- sues or causes to be issued, any stock or stock certificate, or bond, note or other evidence of indebtedness, in nonconformity with the order of the commission authorizing the same, or contrary to the pro- visions of this act, or of the Constitution of this state, or which applies the proceeds from the sale thereof, or any part thereof, to any pur- pose other than the purpose or purposes specified in the commission's order, as herein provided, or to any purpose specified in the commis- sion's order in excess of the amount in said order authorized for such purpose, is subject to a penalty of not less than five hundred dollars nor more than twenty thousand dollars for each offense. (f ) Penalty. — Every officer, agent or employee of a public utility, and every other person who knowingly authorizes, directs, aids in, issues or PUBLIC UTILITIES ACT. 867 executes, or causes to be issued or executed, any stock or stock certi- ficate, or bond, note or other evidence of indebtedness, in noncon- formity with the order of the commission authorizing the same, or contrary to the provisions of this act, or of the Constitution of this state, or who, in any proceeding before the commission, knowingly makes any false statement or representation or with knowledge of its falsity files or causes to be filed with the commission any false state- ment or representation, which said statement or representation so made, filed or caused to be filed may tend in any way to influence the com- mission to make an order authorizing the issue of any stock or stock certificate, or any bond, note or other evidence of indebtedness, or which results in procuring from the commission the making of any such order, or who, with knowledge that any false statement or repre- sentation was made to the commission, in any proceeding, tending in any way to influence the commission to make such order, issues or executes or negotiates, or causes to be issued, executed or negotiated any such stock or stoek certificate, or bond, note or other evidence of indebtedness, or who, directly or indirectly, knowingly applies or causes or assists to be applied the proceeds or any part thereof, from the sale of any stock or stock certificate, or bond, note or other evi- dence of indebtedness, to any purpose not specified in the commission's order, or to any purpose specified in the commission's order in excess of the amount authorized for such purpose, or who, with knowledge that any stock or stock certificate, or bond, note or other evidence of indebtedness, has been issued or executed in violation of any of the provisions of this act, negotiates, or causes the same to be negotiated, shall be guilty of a felony. (g) No Guaranty by State. — No provision of this act, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of California to pay or guaran- tee, in any manner whatsoever, any stock or stock certificate, or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of this act. (h) Unauthorized Issues Void. — ^All stocks and stock certificates, and bonds, notes and other evidences of indebtedness issued by any public utility after this act takes effect, upon the authority of any articles of incorporation or amendments thereto or vote of the stock- holders or directors filed, taken or had, or other proceedings taken or had, previous to the taking effect of this act, shall be void, unless an order of the commission authorizing the issue of such stocks or stock certificates, or bonds, notes or other evidences of indebtedness shall have been obtained from the commission prior to such issue. The commission may by its order impose such condition or conditions as it may deem reasonable and necessary. § 53. Rules for Hearing — Informalities. — All hearings and investi- gations before the commission or any commissioner shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission 868 nor any commissioner shall be bound by the technical rules of evi- dence. No informality in any proceeding or in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission. § 54. Powers of Commission as to Process — Service. — The commis- sion and each commissioner shall have power to issue writs of sum- mons, subpoenas, warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in the like manner and to the same extent as courts of record. The process issued by the commission, or any commissioner, shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record, or by any person designated for that pur- pose by the commission or a commissioner. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses. § 55. Witnesses — Attendance and Fees. — (a) The commission and each commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the State. Each witness w^ho shall appear, by order of the commission or a commissioner, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness who has not been required to attend at the request of any party shall be subpoenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be re- quired to attend before the commission or commissioner, as directed in the subpoena. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action there- for instituted by the person to whom such fees are payable. No wit- ness furnished with free transportation shall receive mileage for the distance he may have traveled on such free transportation. (b) Refusal to Testify. — The Superior Court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held by the commission or any commissioner shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, including waybills, books, PUBLIC UTILITIES ACT. 869 accounts and documents, as required by any subpoena issued by the commission or any commissioner. The commission or the commis- sioner before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pend- ing, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been summoned in the manner pre- scribed in this act, and that the witness has failed and refused to at- tend or produce the papers required by the subpoena, before the com- mission or commissioner, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission. The court, upon the petition of the commission or such commissioner, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or a commissioner, the court shall thereupon enter an order that said witness appear before the commission or said com- missioner at the time and place fixed in said order, and testify or pro- duce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The remedy provided in this subsection is cumulative, and shall not be construed to impair or interfere with the power of the commission or a commis- sioner to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. (c) Depositions. — The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the Superior Courts of this State and to that end may com- pel the attendance of witnesses and the production of books, waybills, documents, papers and accounts. (d) Incrimination. — No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testi- mony or evidence, book, waybill, document, paper or account required of him may tend to incriminate him or subject him to penalty or for- feiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any fact, transaction, 870 hillyer's legal manual. matter or thing concerning which he shall, under oath have testified or produced documentary evidence ; provided, that no person so tes- tifying shall be exempt from prosecution or punishment from any perjury committed by him in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility im- munity of any kind. § 56. Certified Copies of Papers Filed to be Evidence. — (a) Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary or the assistant secretary under the official seal of the com- mission to be true copies of the originals, shall be evidence in like manner as the originals. (b) Recording Copies. — Every order, authorization or certificate is- sued or approved by the commission under any provision of sections 38, 39, 40, 41, 43, 50, 51, or 52 of this act shall be"^in writing and entered on the records of the commission. Any such order, authorization or certificate, or a copy thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secre- tary or the assistant secretary under the official seal of the commission to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county, or city and county, in which is located the principal place of business of any public utility affected thereby, or in which is situated any prop- erty of any such public utility, and such record shall impart notice of its provisions to all persons. A. certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with like effect. § 57. Fees. — The commission shall charge and collect the following fees : for copies of papers and records not required to be certified or otherwise authenticated by the commission, ten cents for each folio; for certified copies of official documents and orders filed in its office, fifteen cents for each folio and one dollar for every certificate under seal affixed thereto ; for certifying a copy of any report made by a public utility, two dollars; for each certified copy of the annual re- port of the commission, one dollar and fifty cents; for certified copies of evidence and proceedings before the commission, fifteen cents for each folio ; for certificate authorizing an issue of bonds, notes or other evidences of indebtedness, one dollar for each thousand dollars of the face value of the authorized issue or fraction thereof up to one million dollars, and fifty cents for each one thousand dollars over one million dollars and up to ten million dollars, and twenty-five cents for each one thousand dollars over ten million dollars, with a minimum fee in any case of twenty-five dollars; provided, that no fee need be paid on such portion of any such issue as may be used to guarantee, take over, refund, discharge or retire any bond, note or other evidence of indebtedness on which a fee has theretofore been paid to the commis- sion ; and provided, further, that if the commission modifies the amount PUBLIC UTILITIES ACT. 871 of the issue requested in any case and the applicant thereupon elects not to avail itself of the commission's authorization, no fee need be paid. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix rea- sonable charges for publications issued under its authority. All fees charged and collected under this section shall be paid, at least once each week, accompanied by a detailed statement thereof, into the treasury of the State to the credit of a fund to be known as the ''Rail- road Commission Fund," which fund is hereby created. § 58. Inspection of Books, Papers and Documents. — The commission, each commissioner and each officer and person employed by the com- mission shall have the right, at any and all times, to inspect the ac- counts, books, papers and documents of any public utility, and the commission, each commissioner and any officer of the commission or any employee authorized to administer oaths shall have power to ex- amine under oath any officer, agent or employee of such public utility in relation to the business and affairs of said public utility; provided, that any person other than a commissioner or an officer of the com- mission demanding such inspection shall produce under the hand and seal of the commission his authority to make such inspection; and provided, further, that written record of the testimony or statement so given under oath shall be made and filed with the commission. § 59. Office, Books and Records Within the State. — (a) Each public utility shall have an office in a county of this State in which its prop- erty or some portion thereof is located and shall keep in said office all such books, accounts, papers and records as shall be required by the commission to be kept within this State. No books, accounts, papers or records required by the commission to be kept within this State shall be at any time removed from the State except upon such con- ditions as may be prescribed by the commission. (b) Production of Books and Records Kept Outside the State. — The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this State at such time and place as it maj^ designate, of any books, accounts, papers or records kept by said public utility in any office or place without this State, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the com- mission or under its direction. § 60. Complaints. — Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public utility in- cluding any rule, regulation or charge heretofore established or fixed 872 HILLYER^S LEGAL MANUAL. by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission; provided, that no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water or telephone corporation, unless the same be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission, or other legislative body of the city and county, or city or town, if any, within which the alleged violation occurred, or not less than twenty-five con- sumers or purchasers or prospective consumers or purchasers, of such gas, electricity, water or telephone service. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided. The commission shall not be required to dismiss any complaint because of the absence of direct damage to the com- plainant. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation or person complained of. Service in all hearings, investigations and proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure of this State, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid. The commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the commis- sion shall find that public necessity requires that such hearing be held fit an earlier date. § 61. Hearings, Orders and Record — Recovery on Decision. — (a) At the time fixed for any hearing before the commission or a com- missioner, or the time to which the same may have been continued, the complainant and the corporation or person complained of, and such corporations or persons as the commission may allow to inter- vene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all neces- sary witnesses. After the conclusion of the hearing, the commission shall make and file its order, containing its decision. A copy of such order, certified under the seal of the commission, shall be served upon the corporation or person complained of, or his or its attorney. Said order shall, of its own force, take effect and become operative twenty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission. If an order can- not, in the judgment of the commission, be complied with within twenty days, the commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, PUBLIC UTILITIES ACT. 873 and may on application and for good cause shown, extend the time for compliance fixed in its order. A full and complete record of all proceedings had before the commission or any commissioner on any formal hearing had, and all testimony shall be taken down by a re- porter appointed by the commission, and the parties shall be entitled to be heard in person or by attorney. In case of an action to review any order or decision of the commission, a transcript of such testi- mony, together with all exhibits or copies thereof introduced and all information secured by the commission on its own initiative and con- sidered by it in rendering its order or decision, and of the pleadings, record and proceedings in the cause, shall constitute the record of the commission; provided, that on review of an order or decision of the commission, the petitioner and the commission may stipulate that a certain question or questions alone and a specified portion only of the evidence shall be certified to the supreme court for its judgment, whereupon such stipulation and the question or questions and the evi- dence therein specified shall constitute the record on review. § 62. Public Utility may Complain. — Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex parte by the commission or may be served upon any par- ties designated by the commission. § 63. Increases in Rates. — (a) No public utility shall raise any rate fare, toll, rental, or charge or so alter any classification, contract practice, rule or regulation as to result in an increase in any rate fare, toll, rental or charge, under any circumstances whatsoever, ex- cept upon a showing before the com^mission and a finding by the com- mission that such increase is justified. (b) Hearing and Suspension of Rates. — Whenever there shall be filed with the commission any schedule stating an individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation, not increasing or resulting in an increase in any rate, fare, toll, rental or charge, the commission shall have powder, and it is hereby given authority, either upon complaint or upon its own initia- tive without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, toll, rental, charge, classification, con- tract, practice, rule or regulation, and pending the hearing and the decision thereon such rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation shall not go into effect ; provided, that the period of suspension of such rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation shall not extend beyond one hundred and twenty days beyond the time when such rate, fare, toll, rental, charge, classification, contract, practice, rule or regu- lation would otherwise go into effect unless the commission, in its discretion, extends the period of suspension for a further period not 874. exceeding six months. On such hearing the commission shall estab- lish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules or regulations proposed, in whole or in part, or others in lieu thereof, which it shall find to be just and reasonable. All such rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules and regulations not so suspended shall, on the expiration of thirty days from the time of filing the same with the commission, or of such lesser time as the commission may grant, go into effect and be the established and effective rates, fares, tolls, rentals, charges, classi- fications, contracts, practices, rules and regulations, subject to the power of the commission, after a hearing had on its own motion or upon complaint, as herein provided, to alter or modify the same. § 64. Commission may Change Orders and Decisions. — The com- mission may at any time, upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions. § 65. Orders and Decisions Conclusive in Collateral Proceedings. — In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive. § 66. Rehearings. — After any order or decision has been made by the commission, any party to the action or proceeding, or any stock- holder or bondholder or other party pecuniarily interested in the pub- lic utility affected, may apply for a rehearing in respect to any matters determined in said action or proceeding and specified in the applica- tion for rehearing, and the commission may grant and hold such rehearing on said matters, if in its judgment sufficient reason therefor be made to appear. No cause of action arising out of any order or decision of the commission shall accrue in any court to any corpora- tion or person unless such corporation or person shall have made, before the effective date of said order or decision, application to the commission for a rehearing. Such application shall set forth specifi- cally the ground or grounds on which the applicant considers said decision or order to be unlawful. No corporation or person shall in any court urge or rely on any ground not so set forth in said applica- tion. Any application for a rehearing made ten days or more before the effective date of the order as to which a rehearing is sought, shall be either granted or denied before such effective date, or the order shall stand suspended until such application is granted or denied. Any application for a rehearing made within less than ten days before the effective date of the order as to which a rehearing is sought, and not granted within twenty days, may be taken by the party making the application to be denied, unless the effective date of the order is extended for the period of the pendency of the application. If any application for a rehearing be granted without a suspension of the PUBLIC UTILITIES ACT. 875 order involved, the commission shall forthwith proceed to hear the matter with all dispatch and shall determine the same within twenty days after final submission, and if such, determination is not made within said time, it may be taken by any party to the rehearing that the order involved is affirmed. An application for rehearing shall not excuse any corporation or person from complying with and obey- ing any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission may by order direct. If, after such rehearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission shall be of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the com- mission may abrogate, change or modify the same. An order or deci- sion made after such rehearing abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission. § 67. Review. — Within thirty days after the application for a re- hearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the Supreme Court of this State for a writ of certiorari or review (hereinafter referred to as a writ of review) for the purpose of having the lawfulness of the original order or decision or the order or decision on rehearing inquired into and determined. Such writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the commission to certify its record in the case to the court. On the return day, the cause shall be heard by the Supreme Court, unless for a good reason shown the same be continued. No new or additional evidence may be introduced in the Supreme Court, but the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether the commission has regularly pur- sued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the Constitution of the United States or of the State of California. The findings and conclusions of the commission on questions of fact shall be final and shall not be subject to review; such questions of fact shall include ultimate facts and the findings and conclusions of the com- mission on reasonableness and discrimination. The commission and each party to the action or proceeding before the commission shall have the right to appear in the review proceeding. Upon the hearing the Supreme Court shall enter judgment either affirming or setting aside the order or decision of the commission. The provisions of the Code of Civil Procedure of this State relating to w^rits of review shall, so far as applicable and not in conflict with the provisions of this act, 876 apply to proceedingrs instituted in the Supreme Court under the pro- visions of this section. No court of this State (except the Supreme Court to the extent herein specified) shall have jurisdiction to review, reverse, correct or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, re- strain or interfere with the commission in the performance of its official duties; provided, that the writ of mandamus shall lie from the Supreme Court to the commission in all proper cases. § 68. Suspension of Commission's Orders. — (a) The pendency of a writ of review shall not of itself stay or suspend the operation of the order or decision of the commission, but during the pendency of such writ, the Supreme Court in its discretion may stay or suspend, in whole or in part, the operation of the commission's order or decision. (b) Notice and Hearing. — No order so staying or suspending an order or decision of the commission shall be made by the Supreme Court otherwise than upon three days' notice and after hearing, and if the order or decision of the commission is suspended, the order sus- pending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage. (c) Suspending" Bond. — In case the order or decision of the com- mission is stayed or suspended, the order of the court shall not become effective until a suspending bond shall first have been executed and filed with, and approved by the commission (or approved, on review, by the Supreme Court), payable to the people of the State of Cali- fornia, and sufficient in amount and security to insure the prompt pay- ment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the com- mission, and of all moneys w^hich an}^ person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity or service in excess of the charges fixed by the order or decision of the commission, in case said order or decision is sustained. The Supreme Court, in case it stays or sus- pends the order or decision of the commission in any matter affecting rates, fares, tolls, rentals, charges or classifications, shall also by order direct the public utility affected to pay into court, from time to time, there to be impounded until the final decision of the ease, or into some bank or trust company paying interest on deposits, under such con- ditions as the court may prescribe, all sums of money which it may collect from any corporation or person in excess of the sum such cor- poration or person would have been compelled to pay if the order or decision of the commission had not been stayed or suspended. (d) Accounting for Overcharges Pending Review. — In case the Supreme Court stays or suspends any order or decision lowering any rate, fare, toll, rental, charge or classification, the commission, upon the execution and approval of said suspending bond, shall forthwith PUBLIC UTILITIES ACT. 877 require the public utility affected, under penalty of the immediate enforcement of the order or decision of the commission (pending the review and notwithstanding the suspending order), to keep such ac- counts, verified by oath, as may, in the judgment of the commission, suffice to show the amounts being charged or received by such public utility, pending the review, in excess of the charges allowed by the order or decision of the commission, together with the names and addresses of the corporations or persons to whom overcharges will be refundable in case the charges made by the public utility, pending the review, be not sustained by the Supreme Court. The court may, from time to time, require said party petitioning for a review to give additional security on, or to increase the said suspending bond, when- ever in the opinion of the court the same may be necessary to insure the prompt payment of said damages and said overcharges. Upon the final' decision by the Supreme Court, all moneys which the public utility may have collected, pending the appeal in excess of those authorized by such final decision, together with interest, in case the court ordered the deposit of such moneys in a bank or trust company, shall be promptly paid to the corporations or persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the commission. If any such moneys shall not have been claimed by the corporations or persons entitled thereto within one year from the final decision of the Supreme Court, the commission shall cause notice to such corporations or persons to be given by publi- cation, once a week for two successive weeks, in a newspaper of gen- eral circulation, printed and published in the city and county of San Francisco, and such other newspaper or newspapers as may be desig- nated by the commission, said notice to state the names of the corpora- tions or persons entitled to such moneys and the amount due each corporation or person. All moneys not claimed within three months after the publication of said notice shall be paid by the public utility, under the direction of the commission, into the State treasury for the benefit of the general fund. § 69. Court Proceedings — Preference. — All actions and proceedings under this act, and all actions or proceedings to which the commission or the people of the State of California may be parties, and in which any question arises under this act, or under or concerning any order or decision of the commission, shall be preferred over all other civil causes except election causes and shall be heard and determined in preference to all other civil business except election causes, irrespec- tive of position on the calendar. The same preference shall be granted upon application of the attorney of the commission in any action or proceeding in which he may be allowed to intervene. § 70. Physical Valuation — Procedure. — For the purpose of ascer- taining the matters and things specified in section 47 of this act, con- cerning the value of the property of public utilities, the commission may cause a hearing or hearings to be held at such time or times and place or places as the commission may designate. Before an}^ hearing 878 is had, the commission shall give the public utility affected thereby at least thirty daj^s' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the commission to inquire into the matters designated in this section and in said sec- tion 47 of this act, but this provision shall not prevent the commission from making any preliminary examination or investigation into the matters herein referred to, or from inquiring into such matters in any other investigation or hearing. All public utilities affected shall be entitled to be heard and to introduce evidence at such hearing or hear- ings. The commission is empowered to resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission. The commission shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced be- fore it which in its judgment have bearing on the value of the prop- erty of the public utility affected. Such findings shall be subject to review by the Supreme Court of this state in the same manner and within the same time as other orders and decisions of the commission. The findings of the commission so made and filed, when properly certified under the seal of the commission, shall be admissible in evi- dence in any action, proceeding or hearing before the commission or any court, in which the commission, the State or any officer, depart- ment or institution thereof, or amy county, city and county, munici- pality or other body politic and the public utility affected may be interested whether arising under the provisions of this act or other- wise, and such findings, when so introduced, shall be conclusive evi- dence of the facts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined. The commission may from time to time cause further hearings and investigations to be had for the purpose of mak- ing revaluations or ascertaining the value of any betterments, improve- ments, additions or extensions made by any public utility subsequent to any prior hearing or investigation, and may examine into all mat- ters which may change, modify or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings; provided, that such findings made at such supplemental hearings or investigations shall be consid- ered in connection with and as a part of the original findings except in so far as such supplemental findings shall change or modify the findings made at the original hearing or investigation. § 71. Excessive or Discriminatory Charges — Reparation. — (a) When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product or commodity fur- nished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an PUBLIC UTILITIES ACT. 879 excessive or discriminatory amount for such product, commodity or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection; provided, no discrimination will result from such repara- tion. (b) Compliance With Reparation Order. — If the public utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concern- ing excessive or discriminatory charges shall be filed with the commis- sion within two years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one year from the date of the order of the commission. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey an order or decision of the commission. § 72. Commission shall Enforce Laws. — It is hereby made the duty of the commission to see that the provisions of the Constitution and statutes of this State affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prose- cuted and penalties due the State therefor recovered and collected, and to this end it may sue in the name of the people of the State of California. Upon the request of the commission, it shall be the duty of the attorney general or the district attorney of the proper county or city and county to aid in any investigation, hearing or trial had under the provisions of this act, and to institute and prosecute actions or proceedings for the enforcement of the provisions of the Constitu- tion and statutes of this State affecting public utilities and for the punishment of all violations thereof. § 73. Public Utilities Liable for Damages. — (a) In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by the Constitution, any law of this State or any order or decision of the com- mission, such public utility shall be liable to the persons or corpora- tions affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was willful, the court may in addition to the actual damages award damages for the sake of example and by way of punishment. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any corporation or person. (b) No recovery as in this section provided shall in any manner effect a recovery by the State of the penalties in this act provided or the exercise by the commission of its power to punish for contempt. § 74. Effect of Act on Release of Damages. — (a) This act shall not have the effect to release or waive any right of action by the State, the commission, or any person or corporation for any right, penalty 880 hillyer's legal manual. or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this State. (b) Penalties Cumulative. — All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other pen- alty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person, or be a bar to the exercise by the commission of its power to punish for contempt. § 75. Summary Proceedings. — Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order, decision, rule, direction or requirement of the commis- sion, it shall direct the attorney of the commission to commence an action or proceeding in the Superior Court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides, in the name of the people of the State of California, for the purpose of hav- ing such violations or threatened violations stopped and prevented, either by mandamus or injunction. The attorney of the commission shall thereupon begin such action or proceeding by petition to such Superior Court, alleging the violation or threatened violation com- plained of, and praying for appropriate relief by way of mandamus or injunction. It shall thereupon be the duty of the court to specify a time, not exceeding twenty days after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer, or after answer, the court shall immedi- ately inquire into the facts and circumstances of the case. Such cor- porations or persons as the court may deem necessary or proper to be joined as parties, in order to make its judgment, order or writ effec- tive, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of ^iuandcbmus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from judgments of the Superior Court in other actions for mandamus or injunction. § 76. Penalties, Violations by Public Utilities. — (a) Any public utility which violates or fails to comply with any provision of the Constitution of this State of of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, PUBLIC UTILITIES ACT. 881 direction, demand or requirement or any part or provision thereof, of the commission, in a case in which a penalty has not hereinbefore been provided for such public utility, is subject to a penalty of not less than five hundred dollars nor more than two thousand dollars for each and every offense. (b) Each Day a Separate Offense. — Every violation of the provisions of this act or of any order, decision, decree, rule, direction, demand or requirement of the commission, or any part or portion thereof by any corporation or person is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense. (c) Act of Officer is Act of the Public Utility. — In construing and enforcing the provisions of this act relating to penalties, the act, omis- sion or failure of any officer, agent or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be and be deemed to be the act, omission or failure of such public utility. § 77. Penalties, Violations by Officers, Agents or Employees of Public Utilities. — Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any violation of any public utility of any provision of the Constitution of this State or of this act, or who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission, or who procures, aids or abets any public utility in its failure to obey, observe and com- ply with any such order, decision, rule, direction, demand or require- ment, or any part or provision thereof in a case in which a penalty has not hereinbefore been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceed- ing one year, or by both such fine and imprisonment. § 78. Penalties, Violations by Corporations Other Than Public Utilities. — Every corporation, other than a public utility, which vio- lates any provision of this act, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or require- ment, or any part or provision thereof, of the commission, in a case in which a penalty has not hereinbefore been provided for such corpora- tion, is subject to a penalty of not less than five hundred dollars nor more than two thousand dollars for each and every offense. § 79. Penalties, Violations by Persons Other Than Officers, etc., of Public Utilities. — Every person who, either individually, or acting as an officer, agent or employee of a corporation other than a public utility, violates any provision of this act, or fails to observe, obey or comply with any order, decision, rule, direction, demand or require- ment, or any part or portion thereof, of the commission, or who pro- cures, aids or abets any such public utility in its violation of this act, or in its failure to obey, observe or comply with any such order, 56 882 hillyer's legal manual. decision, rule, direction, demand or requirement, or any part or por- tion thereof, in a case in which a penalty has not hereinbefore been provided for such person, is guilty of a misdemeanor, and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprison- ment. § 80. Suits for Penalties. — Actions to recover penalties under this act shall be brought in the name of the people of the State of Cali- fornia, in the Superior Court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corpora- tion complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the attorney of the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the State in any such action, together with the costs thereof, shall be paid into the State treasury to the credit of the general fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order. § 81. Contempt Proceedings. — Every public utility, corporation or person which shall fail to observe, obey or comply with any order, decision, rule, regulation, direction, demand or requirement, or any part or portion thereof, of the commission or any commissioner shall be in contempt of the commission, and shall be punishable by the com- mission for contempt in the same manner and to the same extent as contempt is punished by courts of record. The remedy prescribed in this section shall not be a bar to or affect any other remedy prescribed in this act, but shall be cumulative and in addition to such other remedy or remedies. § 82. Efifect of Act on Existing Powers of Any City and County, or Incorporated City or Town. — This act shall not affect such powers of control over any public utility vested in any city and county or incorporated city or town as, at an election to be held pursuant to laws to be hereafter passed by the legislature, a majority of the qualified electors voting thereon of such city and county, or incor- porated city or town, shall vote to retain, and until such election such powers shall continue unimpaired in such city and county or incor- porated city or town ; but if the vote so taken shall not favor the continuation of such powers, they shall thereafter vest in the commis- sion; provided, that where any such city and county or incorporated city or town shall have elected to continue any powers respecting pub- lic utilities, it may, by a vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the commission in the manner to be prescribed by the legislature ; or if such municipal corporation shall have surrendered any powers to the commission, it may, by like vole, thereafter reinvest itself with such power. PUBLIC UTILITIES ACT. 883 § 83. Effect of Act on Pending Actions and Proceedings. — (a) This act shall not affect pending actions or proceedings brought by or against the people of the State of California or the commission, or by any other person or corporation under the provisions of chapters 20 or 386 of the Laws of 1911, but the same may be prosecuted and defended with the same effect as though this act had not been passed. Any investigation, hearing, or examination undertaken, commenced, instituted or prosecuted prior to the taking effect of this act may be conducted and continued to a final determination in the same manner and with the same effect as if it had been undertaken, commenced, instituted or prosecuted in accordance with the provisions of this act. All proceedings hitherto taken by the commission in any such investi- gation, hearing or examination are hereby ratified, approved, validated and confirmed and all such proceedings shall have the same force and effect as if they had been undertaken, commenced, instituted, and prosecuted under the provisions of this act and in the manner herein prescribed. (b) No Cause of Action to Abate. — No cause of action arising under the provisions of chapters 20 or 386 of the Laws of 1911 shall abate by reason of the passage of this act, whether a suit or action has been instituted thereon at the time of the taking effect of this act or not, but actions may be brought upon such causes in the same manner, under the same terms and conditions, and with the same effect as though said chapters had not been repealed. (c) Rules Continued in Force. — All orders, decisions, rules or regu- lations heretofore made, issued or promulgated by the commission shall continue in force and have the same effect as though they had been lawfully made, issued or promulgated under the provisions of this act. (d) Construction. — This act, in so far as it embraces the same sub- ject matter, shall be construed as a continuation of chapter 20 of the Laws of 1911, approved February 10, 1911, and chapter 386 of the Laws of 1911, approved April 6, 1911. § 84. Constitutionality. — If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsec- tions, sentences, clauses or phrases be declared unconstitutional. § 85. Interstate Commerce. — Neither this act nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several States of this Union, except in so far as the same may be per- mitted under the provisions of the Constitution of the United States and the acts of Congress. § 86. Appropriation. — All moneys which are paid into the State treasury by the commission under the provisions of section 57 of this 884 HILLYER^S LEGAL MANUAL. act, and credited to the railroad commission fund, are hereby appro- priated, to be used by the commission in carrying out the provisions of this act, and the controller is hereby directed to draw his warrant on said fund from time to time in favor of the commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same. § 87. Repeal. — The railroad commission act, approved February 10, 1911, and the act entitled *'An act to amend the railroad commis- sion act by amending section fifteen thereof relating to powers and duties of the railroad commission of the State of California, and to amend section thirty-seven thereof relating to free and reduced-rate transportation for freight and passengers," approved April 6, 1911, and all acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. § 88. Time of Effect.— This act shall take effect ninety days after the final adjournment of this session of the legislature. WATER COMPANIES ACT. (Approved April 30, 1913.) § 1. A public utility subject to control by railroad commission. § 2. Mutual company not a public utility. § 3. When a mutual company becomes a public utility. § 4. Regulation of utility. § 5. Limiting sale of water. § 6. Powers of railroad commission. § 7. Defining language of section 1. § 1. A Public Utility Subject to Control by Railroad Commission. — Whenever any person, firm or private corporation, their lessees, trus- tees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any water system within this State, sells, leases, rents or delivers water to any person, firm, private corporation, municipality or any other political subdivision of the State whatsoever, except as limited by section 2 hereof, whether under contract or otherwise, such person, firm or private corporation is a public utility, and subject to the provisions of the public utilities act of this State and the jurisdiction, control and regulation of the rail- road commission of the State of California. § 2. Mutual Company not a Public Utility. — Whenever any private corporation or association is organized for the purpose solely of deliv- ering water to its stockholders or members at cost, and delivers water to no one except its stockholders or members at cost, such private cor- poration or association is not a public utility, and is not subject to the jurisdiction, control or regulation of the railroad commission of the State of California. § 3. When a Mutual Company Becomes a Public Utility. — When- ever any private corporation or association organized for the purpose WATER COMPANIES ACT. 885 of delivering water solely to its stockholders or members at cost does deliver water to others than its stockholders or members for compensa- tion, such private corporation or association becomes a public utility and subject to the terms of the public utilities act and the jurisdic- tion, control and regulation of the railroad commission of the State of California. § 4. Regulation of Utility. — Whenever any private corporation or association is organized both for the purpose of delivering water to its stockholders or members at cost and to persons, firms, corporations, municipalities or other political subdivisions of the State in addition thereto, such private corporation or association is a public utility and subject to the provisions of the public utilities act and to the juris- diction, control and regulation of the railroad commission of the State of California. § 5. Limiting Sale of Water. — Whenever the railroad commission, after a hearing had upon its own motion or upon complaint, shall find that any water company which is a public utility operating within this State has reached the limit of its capacity to supply water and that no further consumers of water can be supplied from the system of such utility without injuriously withdrawing the supply wholly or in part from those who have theretofore been supplied by such cor- poration, the railroad commission may order and require that no such corporation shall furnish water to any new or additional consumers until such order is vacated or modified by the said commission. The commission shall likewise have the power after hearing upon its own motion or upon complaint, to require any such water company to allow additional consumers to be served when it shall appear that to supply such additional consumers will not injuriously withdraw the supply wholly or in part from those who theretofore had been supplied by such public utility. § 6. Powers of Railroad Commission. — The railroad commission shall have the power to require any and all water corporations to file with the commission a statement in writing defining and describing the lands and territory to be supplied by such corporation with water, and when such territory is described and defined in the articles of incorporation of any such corporation or in the places of designated use in the notices of appropriation under which the rights of such corporation to appropriated water are initiated in accordance with section 1415 of the Civil Code, and it shall appear either from said statement filed by such water corporation or from said articles of in- corporation or said notices of appropriation that such water corpora- tion has undertaken to supplj^ more consumers or a greater number of acres than it can adequately supply, the commission may require such corporation to limit the number of consumers or acres of land which it has undertaken to supply or which is set out in its articles of incorporation or notices of appropriation to such a limited number of consumers or acres of land as the commission shall find, after hearing, such water corporation maj- adequately supply. This provision does 886 not apply to territory or consumers which have once been served by said corporation, and as between consumers who have been voluntarily admitted to participate by the corporation in its supply of water or been required to be supplied by an order of the railroad commission, in times of shortage there shall be no priority or preference, and such corporation in times of shortage shall be required to apportion such supply ratably among its consumers. § 7. Defining Language of Section 1. — The language in section 1 of this act "whether under contract or otherwise" shall not be con- strued as authorizing a contract by a person or corporation defined herein as a public utility which shall in anywise deprive the State or the railroad commission or other competent authority of power to regulate the rates and service of any such public utility. FULL CREW ACT. (Approved May 27, 1913.) Title of act, full crew on all trains — Passenger trains. Main crew — Freight trains. Wrecking train crew. Previous service of employees. Violations — Misdemeanor. Train crews during strikes or walkouts. , Gasoline and electric train crews. § 1. Title of Act, Full Crew on All Trains — Passenger Trains. — It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this State to run or permit to be run, any passenger, mail or express train propelled or drawn by steam, electricity or other motive power that has not at least the following named employees thereon: one engineer, and one fireman for each steam locomotive where such train is propelled or drawn by steam, one electric motorman for each train where such train is propelled or run by electricity, and one motor or power control man for every train where said train is propelled by other motive power than steam or electricity, one conductor, one brakeman, one baggageman; provided, that upon any such train upon which baggage is not hauled and on gasoline motor cars, a baggage- man need not be employed; provided, further, that on any such train where four cars exclusive of railroad officers' private cars, or more than four cars are hauled, exclusive of railroad officers' private cars, two brakemen instead of one shall be employed. § 2. Main Crew — Freight Trains. — It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this state to run or permit to be run on any main track or branch line operating by it any freight or work train propelled by steam, electricity, or other motive power § 1. § 2, § 3. § 4. § 5. § 6. § 7. FULL CREW ACT. 887 that has not at least the following employees thereon : one engineer and one fireman for each steam locomotive where such train is pro- pelled or drawn by steam, one motorman for each train where such train is propelled or run by electricity, and one motor or power control man for every train where such train is propelled by motive power other than steam or electricity, one conductor and two brakemen; provided, that on any such train running on any track which attains a grade of one per cent or less than one per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars, four brakemen for seventy-six cars and an additional brakeman for every additional twenty-five cars; provided, further, that on any such train running on any track which attains a grade of more than one per cent and less than one and one-half per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars, and an additional brakeman for every twenty-five cars or fraction of twenty-five greater than twelve cars; provided, further, that any such train running on a track which attains a grade of more than one and one-half per cent, for a distance of more than one-half mile, there shall be three brakemen for fifty cars and an additional brakeman for every fifteen ears or fraction of fifteen greater than seven cars. § 3. Wrecking Train Crew. — It shall be unlawful for any common carrier by railroad in the State of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this State, to run or permit to be run any train propelled or drawn by steam, electricity or other motive power other than those trains described in sections 1 and 2 of this act that have not at least the following named employees thereon: one engineer and one fireman for each steam locomotive where such train is propelled by steam, one motorman for every train where such train is propelled or drawn by electricity and one motor or power control man for each train propelled by other motive power than steam or electricity, one conductor and one brakeman; provided, that nothing in this act contained shall apply to a locomotive or locomotives with- out cars ; nor to any relief or wrecking train in any case where a suffi- cient number of employees to comply with this section are not avail- able for service on such relief or wrecking train. § 4. Previous Service of Employees. — It shall be unlawful for any such common carrier to employ any person as a steam locomotive engineer who shall not have had at least three years' actual service as a steam locomotive fireman or one year's actual service as a steam locomotive engineer, or to employ any person as a conductor who shall not have had at least two years' actual service as a railroad brakeman on steam or electric railroad other than street railway, or one year's actual service as a railroad conductor, or to employ any person as a brakeman who shall not have passed the regular examination required by transcontinental railroads; provided, that nothing in this act con- tained shall apply to the running or operating of locomotives or motor power cars to and from trains at terminals by hostlers or to the run- ning or operating of steam locomotives or motive power cars to and 888 from engine-houses or to the doing of work on steam locomotives or motive power cars at shops or engine-houses. § 5. Violations — Misdemeanor. — Any violation of this act shall be a misdemeanor, and shall be punished by a fine not exceeding fivp hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. § 6. Train Crews During Strikes or Walkouts. — Nothing in this act contained shall apply to the operation of any train by said common carrier during times of strikes or walkouts, participated in by any of the hereinbefore mentioned employees of such common carriers. § 7. Gasoline and Electric Train Crews. — Nothing contained in this act shall be construed or be held to apply to gasoline motor cars operated exclusively on branch lines nor to trains of less than three cars propelled by electricity. HEADLIGHT ACT. (Approved June 4, 1913.) § 1. Time in which headlights must be installed. § 2. Penalty for violation of act. § 3. Kepeal. § 1. Time in Which Headlights must be Installed. — It shall be the duty of every railroad corporation, or receiver or lessee thereof, oper- ating any line of railroad in this state, within six months after the passing of this act, or within such additional time as may be prescribed by order of the railroad commission of California, after such railroad has made a proper showing of its inability to comply therewith, to equip all locomotive engines, used in the transportation of trains over said railroad, with electric or other headlights which will project sufficient light to enable the locomotive engineer to observe clearly a dark object the size of an average man, at a distance of not less than eight hundred feet on a dark, clear night while his train is running at a rate of speed not less than thirty miles per hour; provided, that this act shall not apply to locomotive engines regularly used in the switching of cars or trains; provided, further, that this act shall not appty to locomotive engines used exclusively between sunup and sun- down, nor going to or from repair shops when ordered in for repairs, nor to locomotive engines used on short lines or local lines where in the judgment of the railroad commission, the headlight herein pro- vided for is not necessary for the preservation of public safety. § 2. Penalty for Violation of Act. — Any railroad company, or re- ceiver or lessee thereof, doing business in the State of California, who shall violate the provisions of this act, shall be liable to the State of California for a penalty of not less than one hundred dollars, nor more than one thousand dollars, for each offense ; and suit shall be brought to recover such penalty in a court of competent jurisdiction, in th'e name of the people of the State of California, by the Attorney PIPE-LINE ACT. General or by the district attorney of any county in or through which said railroad may be operated. § 3. Repeal. — All acts and parts of acts in conflict with the pro- visions of this act are hereby repealed. PIPE-LINE ACT. (Approved June 4, 1913.) § 1. Defining pipe-lines. § 2. Defining unfair practice. § 3. Defining unreasonable contracts, etc. § 4. Defining ''unreasonable." § 5. Penalty for violation. § 6. Duty of Superior Court to prevent violation of act. § 7. Damages for injury to business by reason of violation of act. § 8. Definition of "person." § 9. Definition of "common carrier railroad." § 10. Definition of "oil pipe-line." § 11. Definition of term "oil pipe-line." § 12. Permission to become common carrier. § 13. Permit to procure license. § 14. Issuance of license — License fee. § 15. Monthly report of oil pumped through pipe-line. § 16. Examination of reports — Penalty. § 17. Penalty for violation of act by employees. § 18. Failure to pay license fee. § 19. License fee a lien on property. § 20. Exemption from monthly license fee. § 21. Validity of entire act not affected by unconstitutionality of part of act. § 1. Defining Pipe-lines. — ^Any and every contract, combination in form of trust or otherwise, or arrangement of any kind, implied, tacit or otherwise, or conspiracy between a common carrier railroad which is equipped for the transportation of crude oil, petroleum or the products thereof, or which has filed, or may lawfully be required to file, a schedule of rates with the railroad commission of California for such transportation, and which operates from or through any crude oil or petroleum producing field or fields or shipping points in the vicinity of any thereof, in the State of California, for a distance of thirty-five miles or more in the aggregate, either continuously or other- wise, to any refinery or refineries of crude oil or petroleum or any of the products thereof, or to or through any selling, marketing, consum- ing or shipping points or the vicinity of any thereof, for such crude oil or petroleum or any of the products thereof, and any oil pipe- line which is used or operated for the transportation of crude oil or petroleum or any of the products thereof, otherwise than as a common carrier, from or through the same, or any of the same oil or petroleum producing fields or shipping points or from the vicinity of any thereof, for a distance of thirty-five miles or more in the aggregate, either 890 continuously or otherwise, and to or through the same, or any of the same refining, selling, marketing or reshipping points or the vicinity of any thereof, and which last-mentioned transportation is accom- plished in whole or in part by such oil pipe-line, and whereby such oil pipe-line secures, or is enabled to secure, or attempts to secure, or tends to secure any unreasonable control or monopoly of the pur- chase, sale or transportation of such crude oil, petroleum or any of the products thereof, or is enabled to secure, or attempts to secure any unreasonable restraint on or over competition or trade in the purchase, sale or transportation of such crude oil, petroleum or of any of the products thereof, is hereby declared to be illegal. § 2. Defining Unfair Practice. — In any and every action or pro- ceeding under this act, whenever it shall appear to the court that any contract, combination, arrangement or conspiracy such as is described in section 1 hereof, exists, or that at the time of the commencement of such action or proceeding it did exist; and it further appears to such court that such oil pipe-line is constructed, in whole or in part, upon, over, under or along the right of way of such common carrier rail- road, continuously or otherwise, for a distance of five or more miles in the aggregate, with the permission, allowance or consent, actual, implied or otherwise, of such common carrier railroad, and that said oil pipe-line is owned or controlled, either directly or indirectly, by said common carrier railroad, or that such oil pipe-line and such com- mon carrier railroad have any common or interlocking owner or owners, or director or directors; and it further appears that said oil pipe-line is engaged in the business of purchasing, transporting and reselling such crude oil, petroleum or any thereof, or any of the prod- ucts thereof, or of purchasing and transporting the same, or any thereof, or of purchasing, transporting and refining the same, or any thereof, for sale, or of producing, transporting and reselling the same, or any thereof, or of producing, transporting and refining the same for sale from its own or leased ground, or otherwise, or of producing and transporting the same, or any thereof; and it further appears that the schedule of rates, or any of them, for the transportation of such crude oil, petroleum or any of the products thereof, filed by said common carrier railroad with the railroad commission of California, or that the rates, or any of them, published, fixed or charged by such common carrier railroad for such transportation of the same, or any of the same, are sufficiently high as compared with the actual cost of transportation between the same, or approximately or practically the same initial shipping, and the refining, selling, marketing, reshipping or terminal points, by such oil pipe-line, as to tend to prevent the transportation of such crude oil, petroleum or any of the products thereof, over or upon such common carrier railroad, or to tend to prevent competition in such transportation between such common car- rier railroad and such oil pipe-line, or to restrain such competition, or to tend to restrain competition among the producers of such crude oil, petroleum or any of the products thereof in the sale thereof, or of any of the same, or to tend to enable such oil pipe-line, either alone or PIPE-LINE ACT. 891 in conjunction with other oil pipe-lines, to restrain competition in the sale or the purchase of such crude oil, petroleum or the products thereof, either among the producers or the consumers thereof, or to tend to enable such oil pipe-line, either alone or in conjunction with other pipe-lines, to secure the control or the monopoly of the purchase of such crude oil, petroleum or the products thereof, or to fix the sell- ing price of any thereof at the oil fields or points of production of the same, or at the shipping points or at the vicinity of any thereof, or to secure the control or the monopoly of the transportation of such crude oil, petroleum or the products thereof from such oil fields or points of production, or from the shipping points or from the vicinity of any thereof, to such refining, selling or marketing points, or any thereof, then such contract, combination, arrangement or conspiracy is hereby declared to be an unfair practice, contrary to the public policy of the State of California, and the same shall and must be deemed by such court in all such actions or proceedings to be an unreasonable contract, combination, arrangement or conspiracy, in restraint of trade, and an unreasonable control or monopoly of the purchase, sale or transportation of such crude oil, petroleum or some of the products thereof, and an unreasonable restraint on or over com- petition and trade in the purchase, sale or transportation of such crude oil, petroleum or some of the products thereof, and the same shall and must be deemed illegal. § 3. Defining Unreasonable Contracts, etc. — In any and every ac- tion or proceeding under this act, whenever it shall appear to the court that any contract, combination, arrangement or conspiracy such as is described in section 1 hereof, exists, or that at the time of the commencement of such action or proceeding it did exist, and it fur- ther appears to such court that such oil pipe-line is constructed, in whole or in part, upon, over, under or along the right of way of such common carrier railroad, continuously or otherwise, for a distance of five or more miles in the aggregate, with the permission, allowance or consent, actual, implied or otherwise, of such common carrier railroad, and it appears that said oil pipe-line is engaged in the business of purchasing, transporting and reselling such crude oil, petroleum or any thereof, or any of the products thereof, or of purchasing and transporting the same, or any thereof, or of purchasing, transporting and refining the same, or any thereof, for sale, or of producing, trans- porting and reselling the same or any thereof, or of producing, trans- porting and refining the same for sale from its own or leased ground, or otherwise, or of producing and transporting the same, or any thereof; and it further appears that the schedule of rates, or any of them, for the transportation of such crude oil, petroleum or any of the products thereof, filed by said common carrier railroad with the railroad commission of California, or that the rates, or any of them, published, fixed or charged by such common carrier railroad for such transportation of the same, or any of the same, are sufficiently high as compared with the actual cost of transportation between the same, or approximately or practically the same initial shipping, and the re- 892 fining, selling, marketing, reshipping or terminal points, by such oil pipe-line, as to tend to prevent the transportation of such crude oil, petroleum or any of the products thereof, over or upon such common carrier railroad, or to tend to prevent competition in such transporta- tion between such common carrier railroad and such oil pipe-line, or to restrain such competition, or to tend to restrain competition among the producers of such crude oil, petroleum or any of the products thereof in the sale thereof, or of any of the same, or to tend to enable such oil pipe-line, either alone or in conjunction with other oil pipe- lines, to restrain competition in the sale or the purchase of such crude oil, petroleum or the products thereof, either among the producers or the consumers thereof, or to tend to enable such oil pipe-line, either alone or in conjunction with other pipe-lines, to secure the control or the monopoly of the purchase of such crude oil, petroleum or the products thereof, or to fix the selling price of any thereof at the oil fields or points of production of the same, or at the shipping points or at the vicinity of any thereof, or to secure the control or the monop- oly of the transportation of such crude oil, petroleum or the prod- ucts thereof from such oil fields or points of production, or from the shipping points or from the vicinity of any thereof, to such refin- ing, selling or marketing points, or any thereof, then such contract, combination, arrangement or conspiracy is hereby declared to be an unfair practice, contrary to the public policy of the State of Cali- fornia, and the same shall and must be deemed by such court in all such actions or proceedings to be an unreasonable contract, combina- tion, arrangement or conspiracy, in restraint of trade, and an unrea- sonable control or monopoly of the purchase, sale or transportation of such crude oil, petroleum or some of the products thereof, and an unreasonable restraint on or over competition and trade in the pur- chase, sale or transportation of such crude oil, petroleum or some of the products thereof, and the same shall and must be deemed illegal. § 4. Defining "Unreasonable." — The term ''unreasonable" where- ever used in this act means where the nature and extent of the con- trol or restraint is such that the matter becomes of public consequence or is injurious to the public welfare, or where the nature and extent of the business is such that the public needs some use in the same, and the control or restraint so exercised prevents, obstructs or in anywise hinders such use. § 5. Penalty for Violation. — Every person who shall hereafter make any such contract or arrangement or engage in any such combination or conspiracy, or shall hereafter continue to execute any such contract or arrangement, or to do or perform any act in furtherance of any such combination or conspiracy without having first procured the license hereinafter provided for, shall be deemed guilty of a misde- meanor, and on conviction thereof shall be punished by a fine not ex- ceeding five thousand dollars ($5,000) or by imprisonment not exceed- ing one year, or by both said punishments in the discretion of the court. PIPE-LINE ACT. 893 § 6. Duty of Superior Court to Prevent Violation of Act.— The several Superior Courts of the State of California are hereby vested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the counties and of the cities and counties of the State of California in their re- spective counties and in their respective cities and counties, under the direction of the attorney general of the State of California, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited, and may be brought in any county or city and county in which the defendant or any one of the defendants resides, or in which such un- lawful act or any overt act in pursuance of such unlawful contract, combination, arrangement or conspiracy was committed, or in which the defendant or any one of the defendants has his or its principal place of business. When the parties complained of shall have been duly notified of such petition, the court shall proceed, as soon as mav be, to the hearing and determination of the case; and pending such petition, and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. § 7. Damages for Injury to Business by Reason of Violation of Act. — Any person who shall be injured in his business or property by any other person or corporation or association of persons by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any Superior Court of the State of California in the county, or in the city and county, in which the defendant or any one of the defendants resides, or in which such unlawful act, or any overt act in pursuance of such unlawful contract, combination or conspirac.v was committed, or in which the defendant, or any one of the defend- ants, has his or its principal place of business, and such petitioner shall recover threefold the damages by him sustained and the costs of suit, including a reasonable attorney's fee. § 8. Definition of ''Person." — That the word ''person" wherever used in this act shall be deemed to include corporations and associa- tions existing under, or authorized by the laws of either the United States or the State of California, or of any of the Territories, or of any State or of any foreign country. § 9. Definition of "Common Carrier Railroad." — That the words "common carrier railroad" wherever used in this act, when the con- text so permits, shall be deemed to include any corporation, individual or association of individuals, either directly or indirectly owning, operating, managing or controlling, or participating, either directly or indirectly in the ownership, operation, management or control of any railroad which is operated as a common carrier within the State of California, or of any such railroad, any part of which is operated in the State of California; and the singular includes the plural. § 10. Definition of ' ' Oil Pipe-line. ' '—That the words ' ' oil pipe-lin.e ' ' wherever used in this act, when the context so permits, shall be deemed 894 hillyer's legal manual. to include any private corporation, individual or association of in- dividuals, either directly or indirectly owning, operating, managing or controlling any pipe-line or any part of any pipe-line for the trans- portation of crude oil, petroleum or any of the products thereof, or participating, either directly or indirectly, in the ownership, operation, management or control of any such pipe-line, or of any part of any such pipe-line ; and the singular includes the plural. § 11. Definition of Term ''Oil Pipe-line.''— That the term ''oil pipe- line" w^herever used in this act, when the context so permits, also in- cludes all of the instrumentalities by which crude oil, petroleum or any of the products thereof is transported by or through pipe-lines, in whole or in part. § 12. Permission to Become Common Carrier. — Any and every oil pipe-line used or operated or which is or has been used or operated for the transportation of crude oil or petroleum or any of the products thereof, not as a common carrier, under the conditions which are de- clared to be illegal by section 2 of this act, or under the conditions which are declared to be illegal by section 3 of this act, shall and must, before such use or operation is continued, and within thirty days after this act goes into effect, either file with the railroad commission of the State of California its written consent to transport crude oil, petroleum or the products thereof for hire to and for the public and as a common carrier and public utility, together with a schedule of rates for the -transportation of crude oil, petroleum and the products thereof as a common carrier and a public utility, in accordance with the provisions of the act known as the "Public Utilities Act" of the State of California, approved December 23, 1911; or failing to file such written consent to become a common carrier and public utility, together with such schedule of rates with said railroad commission, such oil pipe-line must, on or before the time herein specified for such filing, either cease to continue to so operate or to so transport crude oil, petroleum or any of its products otherwise than as a common carrier; or must file with the said railroad commission an application in writing for permission to procure a license from the Secretary of State permitting it to continue to so operate and to so transport crude oil, petroleum and the products thereof otherwise than as a common carrier and under the conditions prohibited by section 2 or section 3 of this act, as the case may be ; and its failure to comply with any of the provisions of this section of this act shall subject it to the penalty and punishment provided by section 5 of this act, and to the liabilities provided by any and every of the other sections of this act. But noth- ing contained in this act shall be construed to authorize or permit any contract, combination in form of trust or otherwise, or arrangement of any kind, implied, tacit or otherwise, or conspiracy such as is de- nounced or prohibited by sections 1, 2 and 3 of this act, or any of such sections, to be hereafter made or entered into, or if so hereafter un- lawfully made or entered into, to permit the same, or any of the same, to be executed or performed under a license, or otherwise, or at all. PIPE-LINE ACT. 895 § 13. Permit to Procure License. — The application by such oil pipe- line for a permit to procure a license as provided for in section 12 of this act, to permit it to continue to transport crude oil, petroleum or any of its products so as aforesaid, othe'rwise than as a common carrier, shall describe in a general way the oil pipe-line for the con- tinued maintenance and operation of which such license is desired, stating the terminal points of such oil pipe-line and the county and counties through which the same is constructed and maintained, and the aggregate number of miles thereof in each of such counties, and as nearly as may be, the places at which such oil pipe-line is con- structed or maintained over and along the right of way of such com- mon carrier railroad, and the approximate distance thereof at each of such places, and such application shall also set forth the name of the private corporation, individual or association of individuals own- ing, operating, managing or controlling, either directly or indirectly, such oil pipe-line and each and every part thereof. § 14. Issuance of License — License Fee. — The railroad commission may authorize in writing the Secretary of State to issue a license to such oil pipe-line ; and the license when so issued by the Secretary of State shall describe such oil pipe-line as the same is described in such application so filed with said railroad commission. At the time of procuring such license, the sum of two hundred fifty dollars ($250) must be paid to the Secretary of State by such licensee. § 15. Monthly Report of Oil Pumped Through Pipe-line. — Every oil pipe-line required to procure the license hereinbefore provided for shall file with the railroad commission of the State of California on or before the tenth daj^ of each calendar month, including and follow- ing the second calendar month after this act goes into effect, and in such form as said railroad commission shall require, a full, true and correct report showing the number of barrels (forty-two gallons to the barrel) of crude oil, petroleum or any of the products thereof which were transported through such pipe-line, or any part thereof, during the preceding calendar month. Such report shall be sub- scribed by such licensee or by its, his or their agent duly appointed in writing for such purpose, and shall be accompanied by the affidavit of such subscriber stating in substance and effect that he knows the contents thereof, and that he has had free access to the books and vouchers of such licensee relating to the same for the purpose of de- termining the truth of the statements contained therein, and that such statements, and each and all thereof are true, according to his best information and belief. Said railroad commission shall examine said sworn report, and if it shall have no reason to doubt the correct- ness of the same, shall, within not less than ten days thereafter, certify it to the Secretary of State, and thereupon there shall immediately become due and payable to the people of the State of California at the office of the Secretary of State, the sum of fifty cents ($.50) for each such barrel of crude oil, petroleum or any of the products thereof so transported through such oil pipe-line. The delivery of such cer- tified report by the railroad commission to the Secretary of State shall 896 hillyer's legal manual. be deemed notice as of the date of such filing to said licensee of the amount due as a license fee for such calendar month, under the pro- visions of this act. § 16. Examination of Reports— Penalty.— Whenever the railroad commission shall entertain any doubt of the correctness of such re- port so filed with it, said railroad commission may subpoena the sub- scriber of such sworn report, and require him to bring before the said commission the books and vouchers from wiiich he secured the in- formation set forth in said report, and may examine him under oath, and may subpoena such other witnesses and hear such other testimony in relation to such matter as it deems competent, material and relevant, and said commission shall proceed summarily in the matter and de- termine the true and correct number of such barrels of crude oil, petroleum or any of the products thereof which were so transported by such licensee through such oil pipe-line, and shall thereupon certify to the Secretary of State its findings of the number of such barrels, and thereupon there shall immediately become due and payable to the people of the State of California, at the office of the Secretary of State, the sum of fifty cents ($.50) for each of such barrels of crude oil, petroleum or any of the products thereof so transported through such oil pipe-line. The delivery of such certified finding by the railroad commission to the Secretary of State shall be deemed notice as of the date of such filing to said licensee of the amount due from such licensee as a license fee under the provisions of this act. The railroad com- mission may revoke the license of such licensee if, upon such hearing, it finds that any material statement contained in such sworn report is false, and that such falsity was known to such licensee at the time such report was filed with said railroad commission, or that said licensee had reason to believe at such time that such report was false in any particular, or if it finds that such licensee willfully aided or abetted the making of such false report, either directly or indirectly, in any manner whatsoever; and said railroad commission may there- upon direct the Secretary of State to revoke such license and pro- hibit him from renewing the same and from issuing any new license to such oil pipe-line within one year from the time the same was re- voked. § 17. Penalty for Violation of Act by Employees. — Every oil pipe- line, and every agent, attorney or employee of the same who know- ingly or willfully violates or fails to comply with, or who knowingly or willfully aids and abets any violation of any of the provisions of this act, or who knowingly and willfully fails to observe, obey or comply with any order, decision, rule, direction, demand or require- ment, or any part or provision thereof, of the said railroad commis- sion, or who knowingly, or willfully procures, aids or abets any fail- ure to observe, obey or comply therewith, is guilty of a misdemeanor and is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. PIPE-LINE ACT. 897 § 18. Failure to Pay License Fee.— Any failure on the part of anv licensee to pay within twenty (20) days after the same becomes due. the license fees or any portion thereof as required by and provided in the provisions of this act, shall operate to forfeit, ispo facto, such license, and to deprive such licensee of the right to continue to so transport, otherwise than as a common carrier, any crude oil, petroleum or any of the products thereof through such oil pipe-line. § 19. License Fee a Lien on Property.— The license fee, and each installment thereof, in this act provided for, upon the same becoming due, as herein provided, is hereby declared to be a lien upon the whole of the oil pipe-line, for the privilege of maintaining and operating which said license is procured, as described in the application for such license, from the time that such license fee, and each installment thereof becomes due and payable ; and such lien shall be enforceable in the same way that tax liens in the State of California are enforce- able, and by the same procedure in so far as the same is or can be made applicable hereto. § 20. Exemption from Monthly License Fee. — Any and every li- censee under this act who pays a license fee of not less than fifty cents ($.50) per barrel of forty-two (42) gallons each, to the State of Cali- fornia under any other law of this State for the privilege of transport- ing or of engaging, either directly or indirectly, in the business of transporting crude oil, petroleum or any of the products thereof through a pipe-line or pipe-lines, is hereby exempted and relieved from the payment of the monthly license fees herein provided for by this act. § 21. Validity of Entire Act not Affected by Unconstitutionality of Part of Act. — If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof irre- spective of the fact that any one or more sections, subsections, sen- tences, clauses or phrases be declared unconstitutional. 57 898 hillyer's legal manual. PIPE-LINE LICENSE ACT. (Approved June 4, 1913.) § 1. License required. § 2. Fee — Condition of license. § 3. Construction of pipe-lines. § 4. Application for license. § 5. Report to railroad commission of pumping. § 6. Railroad commission to check reports. § 7. Penalty — Fines. § 8. Action to begin for violating act. § 9. Failure to pay license. § 10. License fee a lien on property. ^11. License fee exemptions. § 12. Validity of act. § 1. License Required. — Every private corporation, individual or association of individuals owning, operating, managing or controlling, either directly or indirectly, or participating, either directly or indi- rectly, in the ownership, operation, management or control of any pipe-line or pipe-lines, or any part of any pipe-line or pipe-lines, plant or equipment for the transportation of crude oil or petroleum or of • any of the products thereof, or engaged, either directly or indirectly in the business of transporting by pipe-line or pipe-lines, in whole or in part, continuously or otherwise, crude oil or petroleum or any of the products thereof from producing points or from points at, in or near any oil field or oil fields to any refinery or refineries, or to any distributing point or points, or to any marketing points or points, or to the vicinity of any thereof for an aggregate distance of thirty-five or more miles, within the State of California, otherwise than as a common carrier, and which said pipe-line or pipe-lines, or any part thereof, or of such plant or equipment is constructed or maintained for any distance whatsoever across, along, over or under any public highway or public road within the State of California, is hereby re- quired within twenty days after this act goes into effect and before thereafter continuing or commencing to so transport, or to so engage in the business of transporting crude oil, petroleum or any of the prod- ucts thereof through any part of such pipe-line or pipe-lines for any distance whatsoever across, along, over or under any public highway or public road, to procure a license from the Secretary of State as hereinafter provided, permitting it, him or them to continue, or to commence and continue, to transport and to engage in the business of transporting crude oil, petroleum or any of the products thereof through such part or parts of such pipe-line or pipe-lines as is or are constructed or maintained for any distance whatsoever across, along, over or under any public highway or public road. § 2. Fee^ — Condition of License. — The Secretary of State is hereby authorized to issue licenses permitting private corporations, individuals or association of individuals to continue to own, operate, manage or PIPE-LINE LICENSE ACT. 899 control any pipe-line or pipe-lines already constructed and now being maintained for the transportation of crude oil, petroleum or any of its products, otherwise than as a common carrier across, along, over or under any public highway or public road within this State, to the extent only to which such pipe-line or pipe-lines is or are now already so constructed, operated and maintained, upon payment of a fee of two hundred and fifty dollars ($250) for each separate pipe-line so already constructed and maintained for any distance whatsoever across, along, over or under any public highway or public road for such length of time only as such licensee shall comply with all the provisions of this act and of any and every other act which may hereafter be en- acted in relation to the subject by the legislature of California; pro- vided, further, that the fees hereinafter required to be paid for such permit may hereafter be increased or diminished at any time as the legislature may determine. § 3. Construction of Pipe-lines.— The construction hereafter of any pipe-line or pipe-lines intended for the transportation of crude oil, petroleum or any of its products, otherwise than as a common carrier for an aggregate distance of thirty-five or more miles within this State, continuously or otherwise, by means of such pipe-line or pipe-lines, in whole or in part, for any distance whatsoever, across, along, over or under any public highway or public road within this State is de- clared to be contrary to public policy and is hereby expressly pro- hibited. § 4. Application for License. — The license herein provided for shall not be issued by the Secretary of State unless and until a written ap- plication therefor shall first be filed with him by the private corpora- tion, individual or association of individuals desiring to procure the same, which shall describe in a general way the pipe-line or pipe-lines for the maintenance and operation of which such license is desired, stating the terminal points of such pipe-line or pipe-lines and the county and counties through which the same is or are constructed and maintained, and the number of miles thereof in each of such counties, and as nearly as may be the point and points at which such pipe-line or pipe-lines is or are constructed and maintained across, along, over or imder any public highway or public road and the ap- proximate distance thereof in each instance, and which w^ritten applica- tion shall also set forth the name of the private corporation, individual or association of individuals owning, operating, managing or con- trolling, either directly or indirectly, such pipe-line or pipe-lines and each and every part thereof. And such license when issued shall describe such pipe-line or pipe-lines as described in such application. § 5. Report to Railroad Commission of Pumping. — Every private corporation, individual or association of individuals required to pro- cure the license hereinbefore provided for shall file with the railroad commission of the State of California on or before the tenth day of each calendar month, including and following the second calendar month after this act goes into effect, and in such form as said rail- road commission shall require, a full, true and correct report showing 900 the number of barrels (forty-two gallons to the barrel) of crude oil, petroleum or any of the products thereof which were transported through each and every such pipe-line so constructed, operated or maintained for any distance whatsoever across, along, over or under any public highway or any public road within this State during the preceding calendar month. Such report shall be subscribed by such licensee or by its, his or their agent duly appointed in writing for such purpose and shall be accompanied by the affidavit of such sub- scriber stating in substance and effect that he knows the contents thereof, and that he has had free access to the books and vouchers of such licensee relating to the same for the purpose of determining the truth of the statements contained therein, and that such state- ments, and each and all thereof, are true according to his best informa- tion and belief. Said railroad commission shall examine said report and if it shall have no reason to doubt the correctness of the same, shall, within not less than ten days thereafter, certify it to the Secre- tary of State, and thereupon there shall immediately become due and payable to the people of the State of California at the office of, and through, the Secretary of State, the sum of fift.y cents ($.50) for each such barrel of crude oil, petroleum or any of the products thereof so transported through such pipe-line or pipe-lines for any distance what- soever across, along, over or under such public highway or public road. Th^ delivery of such certified report by the railroad commission to the Secretary of State shall be deemed notice as of the date of such filing, to said licensee of the amount due as a, license fee for such calendar month under the provisions of this act. § 6. Railroad Commission to Check Reports. — Whenever the rail- road commission shall entertain any doubt of the correctness of such report so filed with it, said railroad commission may subpoena the subscriber of such report and require him to bring before said com- mission the books and vouchers from which he secured the informa- tion set forth in said report, and may examine him under oath, and may subpoena such other witnesses and hear such other testimony in relation to such matter as it deems competent, material and relevant, and shall proceed summarily in the matter and determine the true and correct number of such barrels of crude oil, petroleum or any of the products thereof which were so transported by said licensee through such pipe-line so constructed, operated or maintained for any distance whatsoever across, along, over or under any public highway or public road within this State, and shall thereupon certify to the Secretary of State its finding of the number of such barrels, and) thereupon there shall immediately become due and payable to the people of the State of California at the office of and through the Secretary of State, the sum of fifty cents ($.50) for each such barrel of such crude oil, petro- leum or any of the products thereof so transported. The delivery of such certified finding by the railroad commission to the Secretary of State shall be deemed notice as of the date of such filing to said licensee of the amount due as a license fee under the provisions of this act. The railroad commission may revoke the license of such licensee if, PIPE-LINE LICENSE ACT. 901 upon such hearing, it finds that any material statement contained in said sworn report is false and that such falsity was known to such licensee at the time such report was filed with said railroad commis- sion, or that said licensee had reason to believe at such time that such report was false, or that such licensee willfully aided or abetted the making of such false report, either directly or indirectly, in any man- ner whatsoever, and said railroad commission may thereupon refuse to authorize the Secretary of State to renew any such license, or to issue a new one to any private corporation, individual or association of individuals whose license has thus been revoked, within one year from the time same was revoked. § 7. Penalty — Fines. — Every individual and every member of any association of individuals, and every officer, agent, attorney or em- ployee of any private corporation, who knowingly and willfully vio- lates or fails to comply with, or who knowingly and willfully aids and abets any violation of any provision of this act, or who knowingly and willfully fails to observe, obey or comply with any order, decision, rule, direction, demand or requirement, or any part or provision thereof, of the said railroad commission, or who knowingly or willfully procures, aids or abets any failure to observe, obey and comply there- with, is guilty of a misdemeanor and is punishable by a fine not ex- ceeding one thousand dollars ($1,000) or by imprisonment in^ the county jail not exceeding one year, or by both such fine and imprison- ment. § 8. Action to Begin for Violating Act. — Whenever the railroad commission shall entertain the belief that any private corporation, in- dividual or association of individuals required by the provisions of this act to procure the aforesaid license, is transporting crude oil, petroleum or any of the products thereof, for any distance whatsoever, through any pipe-line now constructed and maintained across, along, over or under any public highway or public road within this State without having procured the license herein provided for, or has or is about to construct any pipe-line for the transportation of crude oil, petroleum or any of the products thereof for any distance whatsoever across, along, over or under any public highway or any public road within this State, it shall direct the attorney of the commission to commence an action or proceeding in the Superior Court in and for the county, or city and county, in which such pipe-line or any part thereof is so constructed or maintained, or has been or is about to be so con- structed, for any distance whatsoever, across, along, over or under any public highway or public road, or in the Superior Court in and for the county, or city and county, in which the private corporation, individual or association of individuals so transporting or threatening to con- struct a pipe-line or pipe-lines for the purpose of transporting crude oil, petroleum or any of the products thereof, maintain or maintains it, his or their principal place of business, and said action or proceed- ing shall be brought in the name of the people of the State of Cali- fornia for the purpose of having such violation or threatened violation of the provisions of this act stopped and prevented by mandamus. 902 HILLYER^S LEGAL MANUAL. injunction or other appropriate remedy, and for the purpose of recov- erino: a judg:ment for such damae^es as may have been incurred by the people of the State of California for such violation or threatened violation of the provisions of this act. It shall thereupon become the duty of the court to specify a time not exceeding twenty days after the service of the copy of the petition in which the private corpora- tion, individual or association of individuals complained of must an- swer such petition, and in the meantime, said private corporation, individual or association of individuals may be restrained by said court from continuing such violation or threatened violation of any of the provisions of this act. In case of default in the answer, or after the answer has been filed by such defendant or defendants, the court shall immediately hear and determine the case. Such private corpora- tion or individuals as the court may deem necessary or proper in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dis- miss the action or proceeding or direct that the writ of mandnmiis or injunction issue or be made perpetual as prayed for in the petition, or in such modified or other form as will give appropriate relief. An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from the judgments of the Superior Court in other cases involving mandamus or injunction. § 9. Failure to Pay License. — Any failure on the part of any licensee to pay within twenty days after the same becomes due, the license fees or any portion thereof as required by and provided in the provisions of this act, shall operate to forfeit, ipso facto, such license, and to deprive such licensee of the right to continue to transport any crude oil, petroleum or any of the products thereof through any part of any such pipe-line or pipe-lines for any distance whatsoever across, along, over or under any public highway or public road. § 10. License Fee a Lien on Property. — The license fee, and each installment thereof, in this act provided for, upon the same becoming due, as herein provided, is hereby declared to be a lien upon the whole of the pipe-line or pipe-lines and plant and equipment used in connec- tion therewith of which that part of such pipe-line, for the privilege of maintaining and operating which said license is procured, is a part as described in the application for such license, from the time that such license fee, and each installment thereof, becomes due and pay- able; and such lien shall be enforceable in the same way that tax liens in the State of California are enforceable, and by the same procedure in so far as the same is or can be made applicable hereto. § 11. License Fee — Exemptions. — Any and every licensee under this act who pays a license fee of not less than fifty cents ($.50) per barrel of forty-two gallons each to the State of California under any other law of this State for the privilege of transporting or of engaging, either directly or indirectly, in the business of transporting crude oil, petroleum or any of the products thereof through a pipe- PIPE-LINE CARRIERS ACT. 903 line or pipe-lines, is hereby exempted and relieved from the pa\'ment of the monthly license fees herein provided for by this act. § 12. Validity of Act. — If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more other sections, subsec- tions, sentences, clauses or phrases be declared unconstitutional. ACT DECLARING PIPE-LINES COMMON CARRIERS. (Approved June 4, 1913.) § 1. Definition. § 2. Pipe-line a common carrier. § 3. Public utility. § 4. Validity of act. § 5. Exemptions of act. § 1. Definition. — Every private corporation and every individual or association of individuals : (a) Owning, operating, managing or controlling any pipe-line or any part of any pipe-line, plant or equipment within the State of Cali- fornia for the transportation of crude oil or petroleum or the products thereof, either directly or indirectly, to or for the public, for hire, compensation or consideration of any kind, paid, given, extended or received, directly or indirectly, for such transportation, or engaged, directly or indirectly, in the business of so transporting the same ; or (b) Owning, operating, managing or controlling any pipe-line or any part of any pipe-line, plant or equipment for the transportation of crude oil, petroleum or the products thereof, directly or indirectly, to or for the public, for hire, compensation or consideration of any kind, paid or received, directly or indirectly, for such transportation, and which said pipe-line, plant or equipment is constructed or maintained upon, along, over or under any public highway, and in favor of whom the right of eminent domain exists; or (c) Owning, operating, managing or controlling, directly or in- directly, any pipe-line or pipe-lines, or any part of any pipe-line or pipe-lines, plant or equipment, or any pipe-line system or any part thereof, for the transportation, directly or indirectly, to or for the pub- lic, for hire or otherwise, of crude oil, petroleum or products thereof, and which said pipe-line, or pipe-lines, or plant or equipment, or sys- tem is, or are, constructed, operated or maintained across, upon, along, over or under the right of way of any railroad corporation or other common carrier required by law to transport crude oil, petroleum or products thereof as a common carrier; or (d) Owning, using, operating, managing or controlling, directly or indirectly, or participating in the ownership, use, operation, manage- ment or control, directly or indirectly, under lease, contract of pur- 904 hillyer's legal manual. chase, agreement to buy and sell, or other contractual or tacit agree- ment or arrangement of any kind or character whatsoever, of any pipe-line, or pipe-lines, or any part of any pipe-line, or pipe-lines, plant or equipment, or pipe-line system, or any part of any pipe-line system, for the transportation of crude oil, petroleum or the products thereof, of and from, or of, or from any oil field or place of production within the State of California, to any distributing, refining, or marketing cen- ter or reshipping point therefor within said State, whereby, or under, or through which, directly or indirectly, such corporation, or any cor- poration or association of corporations, or individual or association of individuals secures, or is enabled to secure, or attempts to secure, or tends to secure, the control of, or monopoly of the purchasing of, or the control of, or monopoly of the transportation of such crude oil, petroleum or the products thereof ; Is hereby declared to be a common carrier and subject to the pro- visions of the act known as the ''Public Utilities Act," approved December 23, 1911, § 2. Pipe-line a Common Carrier. — Every corporation organized and existing under the laws of the State of California or under the laws of any other State to transport, or to engage in the business of transporting, within the State of California, any crude oil, petroleum or the products thereof, or for the purpose of acquiring, constructing, leasing, owning, maintaining or operating, directly or indirectly, or of controlling or participating in the control of any pipe-line or pipe- lines with pumping station or stations, or other appurtenant equipment or plant constructed and maintained, or to be constructed or main- tained for the transportation of crude oil, petroleum or the products thereof, actually engaged or engaging in such operation or transpor- tation, directly or indirectly, or shares, directly or indirectly, in the business of such operation or transportation, is hereby declared to be a common carrier and subject to the provisions of the "Public Utilities Act" of the State of California, approved December 23, 1911. § 3. Public Utility. — ^Any pipe-line constructed, acquired, owned, operated, maintained, managed or controlled by any private corpora- tion or individual or association of individuals for any of the purposes or under any of the conditions specified in section 1 or section 2 of this act, is hereby declared to be a public utility and subject to the provisions of the "Public Utilities Act" of the State of California, approved December 23, 1911. § 4. Validity of Act. — If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub- sections, sentences, clauses or phrases be declared unconstitutional. § 5. Exemptions of Act. — The provisions of this act are not to be construed as applying to any corporation, individual or association of individuals where the nature and extent of their business is such that RAILROAD COMMISSION RULES. 905 the public needs no use in the same, and the conduct of the same is not a matter of public consequence. PERMISSION TO CONSTRUCT PIERS, WHARVES, ETC. Political Code, § 2906. — The boards of supervisors of every county in this State may, upon approval of the railroad commission, grant authority to any person or corporation to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough or arm of the sea, situate in or bounding their counties, respectively, with a license to take tolls for the use of the same for the term of twenty years. (Approved June 14, 1913.) RULES— CALIFORNIA RAILROAD COMMISSION. The following rules of practice and procedure were adopted by the Railroad Commission of the State of California in accordance with the provisions of section 53 of the Public Utilities Act : Rule 1. Definitions. — 1. The term "public utility," when used in these rules, includes every common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger and warehouseman, as those terms are defined in section 2 of the Public Utilities Act. 2. The term ''Commission," when used in these rules, means the Railroad Commission of the State of California. 3. The term ''formal proceeding," when used in these rules, means a proceeding which contemplates a hearing before the Commission or a commissioner sitting in a judicial or quasi-jvLdioAal capacity. A formal proceeding may be either (a) a complaint or (&) an application. 4. The term "complaint" when used in these rules, means a formal proceeding, whether brought upon the Commission's own motion or upon complaint of a third party, having for its object the rendition of an order or decision which can be enforced by the Commission. 5. The term "application," when used in these rules, means a formal proceeding brought by a public utility, for the purpose of securing the Commission's authorization or permission to perform an act. 6. The term "financial condition," when used in these rules with reference to an application, means the financial condition of the appli- cant as shown by a schedule or schedules annexed to the petition and properly referred to therein, and showing: (a) Amount and kinds of stock authorized. (&) Amount and kinds of stock issued and outstanding. (c) Terms of preference of all preferred stock, whether cumula- tive or participating, or on dividends or assets, or otherwise. (d) Brief description of each mortgage upon property of appli- cant, giving date of execution, name of mortgagor, name of mort- gagee or trustee, amount of indebtedness authorized to be secured thereby and amount of indebtedness actually secured. 906 (e) Number and amount of bonds authorized and issued, giv- ing name of the public utility which issued the same, describing each class separately, giving date of issue, par value, rate of inter- est, date of maturity and how secured. (/) Other indebtedness, giving same by classes and describing security, if any, with a brief statement of the devolution or as- sumption of any portion of such indebtedness upon or by any cor- poration or person, if the original liability has been transferred. (g) Amount of interest paid during prevous fiscal year and rate thereof, with amount paid at each rate, if different rates were paid; upon each issue of indebtedness. (h) Rate and amount of dividends paid during the five previous fiscal years and the amount of capital stock on which dividends were paid each year. ^ (i) Detailed statement of earnings and expenditures for and bal- ance sheet showing conditions at close of the last fiscal year, unless already filed with the Commission as part of the annual report, in which case a reference to the filing should be given. Rule 2. Sessions of Commission. — The office of the Commission shall be in San Francisco, California, and shall always be open, legal holidays and nonjudicial days excepted. The regular monthly session of the Commission shall be held in its office on the second Tuesday of every month at 10:30 o'clock A. M., at which time any person having business with the Commission may appear and be heard. The Com- mission will hold other sessions at San Francisco and elsewhere in the State of California at such times as it may designate. The sessions of the Commission shall be public. Rule 3. Secretary to Furnish Information. — The Commission's sec- retary will, upon request, advise as to the form of complaint, petition, answer or other documents necessary to be filed in any formal proceed- ing, and furnish such information from the files of the Commission as will conduce to a full presentation of material facts. Rule 4. Formal Proceedings — Greneral Matters Applicable to All. — 1. Address of Commission. All communications should be addressed to ** Railroad Commission of the State of California, San Francisco, Cali- fornia." 2. Case Numbers. The secretary shall assign to each formal pro- ceeding a number which the parties shall, before filing, place on all sub- sequent papers in such proceeding. 3. Form and Size of Papers Filed. All pleadings filed with the Commission in formal proceedings shall be printed or typewritten on one side of the paper only, and, as far as practicable, shall be upon paper 8% by 13 inches in size. Each line and page shall be numbered. 4. Amendments. The Commission may, in its discretion, allow any pleading to be amended or corrected or any omission therein to be sup- plied. RAILROAD COMMISSION RULES. 907 5. Subpoenas. Subpoenas requiring the attendance of a witness from any place in the State to any designated place of liearing, for the pur- pose of taking the testimony of such witness orally before the Com- mission or one or more commissioners may be issued by any commissioner or the secretary. Subpoenas for the production of books, accounts, papers, waybills and other documents (unless issued upon the Commission's own motion) will only be issued upon application in writing, stating, as nearly as possible, the books, accounts, papers, waybills or other documents de- sired to be produced. 6. Service of Papers. Personal service of papers in all hearings, investigations and formal proceedings pending before the Commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure of this State. Service may also be made by mailing in a sealed envelope, reg- istered, with postage prepaid, addressed to any party to such hearing, investigation or formal proceeding or to any person upon whom a sum- mons may be served in accordance with the provisions of the Code of Civil Procedure. If service is made by mailing, and an act is to be performed within a specified time after service, the time for the per- formance of the act shall begin to run at the time the registered letter is received. -When any party has appeared by attorney, service upon the attorne}^ will be deemed proper service upon such party. 7. Filing or Entry and Service of Orders. Each order, authoriza- tion or certificate made, issued or approved by the Commission shall be in writing and shall be filed with or entered on the records of the Com- mission, in accordance with the provisions of the Public Utilities Act, and a copy thereof, certified by the secretary under the seal of the Com- mission, shall be served upon or delivered to the corporation or person complained of, or the applicant, or his or its attorney. 8. Intervention. In any formal proceeding, the Commission may permit any corporation, association, body politic or person to intervene and be heard, after opportunity has been given to the party or parties to such proceeding to be heard on such intervention. Leave thus granted shall entitle the intervener to have notice of and to appear at the taking of testimony, to produce and cross-examine witnesses, and to be heard in person or by counsel on the argument. Rule 5. Complaints — Contents and Proceedings Up to Hearing. — 1. Who may Complain. Complaint may be made by the Commis- sion of its own motion or by any corporation or person, chamber of com- merce, board of trade, or any civic, commercial, mercantile, traffic, agri- cultural or manufacturing association or organization or any body politic or municipal corporation, by complaint in writing,, setting forth any act or thing done or omitted to be done by any public utility in violation, or claimed to be in violation, of any provision of law or of any order or rule of the Commission. 908 hillyer's legal manual. (a) Any public utility shall have the right to complain on any of the grounds upon which complaint may be made by other parties. 2. Contents of Complaint. Each complaint shall show the venue, ** Before the, Railroad Commission of the State of California," shall bear a heading showing the name of the complainant and the name of the defendant and shall state — (a) The full name and postoffice address of the complainant. (h) The full name and postoffice address of the defendant. (c) Fully, clearly and with reasonable certainty the act or thing done or omitted to be done, of which complaint is made, with a reference, where practicable, to the law, order or rule, and the sec- tion or sections thereof, of which a violation is claimed. (d) Such other matters or facts, if any, as may be necessary to acquaint the Commission fully with the details of the alleged vio- lation. 3. Signature of Complaint. (a) The complaint shall be signed by the complainant or his at- torney, if any, and shall show the name and postoffice address of such attorney and shall be verified. Complaints by unincorporated associations may be verified by any officer or director thereof. (h) Except upon its own motion, the Commission will entertain no complaint as to the reasonableness of any rates or charges of any gas, electrical, water or telephone corporation, other than a complaint of the corporation itself, unless the same be signed by the mayor or the president or the chairman of the board of trustees or a majoritj^ of the council, Commission, or other legislative body of the city and county, or city or town, if any, within which the alleged violation occurred, or not less than twenty-five consumers or purchasers or prospective consumers or purchasers of such gas, electricity, water or telephone service. 4. Copies to Accompany Complaint. At the time complainant files his original complaint, he must also file copies thereof equal in number to one more than twice the number of corporations or persons to be served. 5. Procedure of Commission on Filing of Complaint. Upon the filing of such complaint, the Commission shall immediately mail a copy thereof to the defendant or defendants and shall also examine the same to ascertain whether it establishes a prima facie case and conforms to these rules. At any time within five days after the receipt by a defend- ant of such copy of such complaint, he may, in writing, call the Com- mission's attention to any defects therein, but this privilege shall not in any wise, unless the Commission specifically so orders, extend "the time within which such defendant is required to satisfy the complaint or to answer. If the Commission is of the opinion that the complaint does not establish a prima facie case or does not conform to these rules, it shall notify the complainant or his attorney to that effect, and oppor- RAHiROAD COMMISSION RULES. 909 tunity may be given to amend the complaint within a specified time. If the complaint is not so amended within such time or such extension thereof as the Commission, for good cause shown, may grant, it will be dismissed. If the Commission is of the opinion that such complaint, either as originally filed or as amended, does establish a prima facie case and con- form to these rules, the Commission shall serve upon each corporation or person complained of, an order under the hand of its secretary and attested by its seal, accompanied by a copy of said complaint, directed to such corporation or person and requiring that the matter com- plained of be satisfied, or that the complaint be answered in writing within ten days from the date of service of such order, provided that the Commission may, in particular cases, require the answer to be filed within a shorter time. 6. Satisfaction of Complaint. If the defendant desires to satisfy the complaint, he may submit to the Commission, within the time allowed for the satisfaction or answer, a statement of the relief which he is will- ing to give. On the acceptance of this offer by the complainant and the approval of the Commission, no further proceedings need be taken. 7. Answer to Complaint. If satisfaction be not made as aforesaid, the corporation or person complained of must, within the time specified in the order or such extension thereof as the Commission, for good cause shown, may grant, file an answer to the complaint, with admission of service by complainant or his attorney indorsed thereon, or an affi- davit of service. The answer must contain a specific denial of such material allegations of the complaint as controverted by the defendant and also a statement of any new matter constituting a defense. If the answering party has no information or belief upon the subject suffi- cient to enable him to answer an allegation of the complaint, he may so state in his answer and place his denial upon that ground. The filing of an answer will not be deemed an admission of the sufficiency of the petition, but a motion to dismiss may be made at the hearing. Rule 6. Hearings and Rehearings — In All Formal Proceedings. — 1. When Hearings will he Given. Except as otherwise determined in specific cases, the Commission will grant a hearing in the following classes of cases : (a) When an order to satisfy a complaint or to make answer thereto has been made and the corporation or person complained of has not satisfied the cause of complaint. (Rule 5.) {b) When an application has been made in a formal proceeding. 2. Notice of Place of Hearing. (a) Notice of the day and hour of a hearing shall be served at least ten days before the time set therefor, unless the Commission shall find that public necessity requires the hearing to be held at an earlier date. Hearings shall be held in the office of the Com- mission in San Francisco unless elsewhere specified in the notice. 910 hillyer's legal manual. (6) In formal applications, the Commission may, in its discre- tion, give all other corporations or persons who may be affected thereby an opportunity to be heard, either by service upon them of a copy of the petition or by publication of the substance thereof, at the expense of the applicant, for such length of time and in such news- paper or newspapers as the Commission may designate. In such cases, the form of the notice must be submitted to the secretary of the Commission for approval, and proof of the publication thereof • must be filed with the secretary at or before the hearing. 3. Stipulation as to Facts. The parties to any proceeding or investi- gation before the Commission may, by stipulation in writing filed with the Commission or entered in the record, agree upon the facts or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evidence at the hearing. It is desirable that the facts be thus agreed upon whenever practicable. The Commission may in such cases require such additional evidence as it may deem necessary. 4. Procedure at Hearings. (a) Witnesses will be examined orally and under oath before the Commission or a commissioner unless the facts are stipulated or the Commission or commissioner otherwise orders. (&) The complainant must establish the facts upon w^hich he bases his complaint, unless the defendant admits the same or fails to answer the complaint. The defendant must likewise give evidence of the facts alleged in the answer, unless admitted by the complainant, and must fully disclose its defense at the hearing. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable and make such order thereon as the circumstances of the case may require. (c) If documentary evidence is offered, the Commission, in lieu of requiring the originals to be filed, may, in its discretion, accept cer- tified, or otherwise authenticated, copies of such documents or such portions of the same as may be relevant, or may require such evidence to be transcribed as part of the record. 5. Adjournments. Hearings may be adjourned from time to time by or at the direction of the Commission or a commissioner. 6. Bnefs. The Commission or a commissioner may require the sub- mJssion of briefs. 7. Investigations on Commission's Own Motion. The Commission may at any time, of its own motion, make investigations and order hear- ings into any act or thing done or omitted to be done by any public utility, which the Commission may believe is in violation of any pro- vision of law or of any order or rule of the Commission. It may also, through its own experts or employees, or otherwise, secure such evi- dence as it may consider necessary or desirable in any formal proceed- ing in addition to the evidence presented by the parties. 8. Rehearings. Any party to a formal proceeding or any stockholder or bondholder or other party pecuniarily interested in the public utility RAILROAD COMMISSION RULES. 911 affected may apply for a rehearing as to any matters determined hy the Commission and specified in the application for the rehearing, and the Commission may grant and hold such rehearing on said matters, if in its judgment sufficient reason therefor be made to appear. Such application shall set forth specifically the ground or grounds on which the applicant considers the Commission's decision or order to be unlaw- ful or erroneous. Rehearings must be asked for before the effective date of the decision or order complained of. In further respects, rehear- ings will be governed by the provisions of section 66 of the Public Utilities Act. Rule 7. Switch Connections and Spurs — Complaints for. — When complaint is made for the installation of a switch connection or spur, under the provisions of section 39 of the Public Utilities Act: 1. The complaint, in addition to the requirements of Rule 5, subd. 2, must state : (a) Character and amount of business which will probably be tendered at such connection or spur. (&) Length of track necessary to be built by defendant and the cost of the same. 2. "With the complaint shall be filed : (a) Map on scale of not less than 100 feet per inch, showing loca- tion of existing tracks; property lines; buildings and structures in the vicinity; and the location and length of the proposed switch connection or spur. Such map should be filed in triplicate ; one copy shall be on tracing linen unless waived by the Commission. Rule 8. Value of Property of Public Utilities. — Formal proceedings instituted by the Commission to ascertain the value of the property of a public utility shall be conducted as specified in section 70 of the Public Utilities Act. Whenever in any formal proceeding the value of the property or a portion thereof of a public utility becomes relevant and pertinent, the Commission may, through its own experts and em- ployees, or otherwise, investigate and ascertain such value. Rule 9. Applications — General Matters Applicable to All. — 1. Contents of Application. All formal applications must be by petition in writing, signed by the applicant and duly verified. The petition must set forth the full name and postoffice address of the applicant and must show the full name and address of its attorney, if any, and must contain the facts on which the application is based, with a request for the order, authorization, permission or certificate desired and a reference to the particular provision of law requiring or providing for the same. Three copies of the petition shall be filed with the original, except in ap- plications covered by Rules 17, 18, 19 and 20, in which cases the original petition alone need be filed. The petition must contain such further statements as may be required by any provision of law or of these rules and must show in detail com- pliance therewith. 912 hillyer's legal manual. If the applicant is a corporation, there must be annexed to the petition a certified or verified copy of its articles of incorporation or charter and all amendments thereof, except in applications covered by Rules 17, 18, 19 and 20. If maps or profiles are filed with the petition, they must always be filed in triplicate and one copy thereof shall be on trac- ing linen. 2. Documents Filed With Application. Whenever under these rules any map, profile, certificate, statement or other document is required to be filed with a petition and the same has theretofore been filed with the Commission, the petition may state the fact of such filing, with the date and the proceedings in which, or occasion on which, the filing was made. 3. Procedure of Commission on Filing Petition. Upon the filing of such petition, the Commission shall examine the same to see whether it establishes a prima facie case for action on the part of the Com- mission and conforms to these rules. If the petition fails in either of these respects, the Commission will give notice of the defects to the applicant, who may correct the same. If the petition be found to state a prima facie case and to comply with the rules, the Commission may make an order ex parte granting the application or will appoint a time and place for a hearing on the same, provided that a hearing shall always be held when provided for in the Public Utilities Act. Rule 10. Railroad Crossings — Applications for Construction, Alter- ation or Abolition of. — When application is made for the construction, alteration or abolition of crossings (1) of public roads, highways or streets by railroads, or (2) of railroads by public roads, highways or streets, or (3) of railroads by railroads, or (4) of railroads by street railroads, or (5) of street railroads by railroads, or (6) of public roads or highways by street railroads, or (7) of street railroads by public roads or highways, under the provisions of section 43 of the Public Utilities Act. 1. The petition, in addition to the requirements of Rule 9, must state : (a) If the application is for a crossing at grade, such facts, data and estimates of cost as tend to show that it is not reasonable or prac- ticable to effect a separation of grades. (&) Such safety device or other protection, if any, as the appli- cant may believe should be installed, with detailed information con- cerning the same. 2. With the petition shall be filed : {a) Map on scale of not less than 200 feet per inch, showing ac- curately the location of all tracks, buildings, structures, property lines, streets and roads in the vicinity of the proposed crossing. (&) Profiles showing ground lines and proposed grade lines of ap- proaches on such public roads, highways or streets, railroads or street railroads as may be afiPected by the proposed crossing. In case of a contemplated crossing of a railroad by a railroad, the profile of each railroad shall show the customary information for not less than one (1) mile on each side of the proposed crossing. RAILROAD COMMISSION RULES. 913 Rule 11. Safety Devices at Railroad Crossings — Applications for. — Whenever a railroad or street railroad desires to protect any crossing which it may have at grade with another railroad or street railroad, with an interlocking or other safety device, it may make application to the Commission for an order approving such device and directing its construction and also prescribing the division of the cost of construc- tion, maintenance and operation of the same. 1. The petition, in addition to the requirements of Rule 9, must state : (a) The kind of device proposed, with a description thereof and an estimate of the cost of its construction and operation. (&) The average number of trains of each class, and of cars in case of street railroads, operated daily over the crossing by each railroad over a period of not less than thirty (30) days. 2. ■ With the petition shall be filed : (a) Map on scale of not less than 100 feet per inch, showing the location of main tracks, the length and location of all switches, sidings and spur tracks, all buildings and obstructions to the view in the vicinity, the proposed location of tower, if any, and the proposed loca- tion of all derails, switches, signals and detector bars, which are proposed to be operated by the device. (6) A profile of each railroad or street railroad, showing the cus- tomary information for not less than one (1) mile on each side of the crossing, in case of railroads, and not less than 1,000 feet in case of street railroads, (c) Copies of such contracts or agreements, if any, as may have been entered into relating to the construction or protection of the crossing. Rule 12. New Construction or Extensions — Application for. — When application is made by a street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation for a certificate that the present or future public convenience or necessity re- quire, or will require a proposed new construction or an extension, in the cases specified in section 50a of the Public Utilities Act, 1. The petition, in addition to the requirements of Rule 9, must state : (a) The proposed location, route or routes, the method of construc- tion, and the names of all public utility corporations or persons with whom the proposed new construction or extension is likely to compete. (h) The facts showing the proposed new construction or exten- sion is or will be required by public convenience and necessity. (c) The manner, in detail, in which it is proposed to finance the proposed new construction or extension. 2. With the petition shall be filed : (a) Map to suitable scale, showing the location or route of the proposed new construction or extension with its relation to. other 58 914 hillyer's legal manual. public utilities with which the same is likely to compete, which map sliall contain all data necessary for a complete understanding of the situation. (h) When the consent, franchise or permit of a county, city and county, municipal or other public authority is necessary, a certified copy of the application therefor and of the ordinance or other docu- ment granting such consent, franchise or permit. If it is impossible to file a copy of the application, the facts rendering such filing im- possible shall he stated. Rule 13. Franchises and Permits — Applications for Permission to Exercise. — When application is made by a street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation for a certificate that public convenience and necessity re- quire the exercise of a right or privilege under a franchise or permit, in the cases specified in section 50& of the Public Utilities Act, 1. The petition, in addition to the requirements of Rule 9, must state : (a) The financial condition of the applicant as defined in Rule 1,6. (&) The facts showing the proceedings theretofore taken with reference to franchise or permit for which permission and approval are sought. (c) If the application is for permission to exercise a right or privilege under any franchise or permit granted prior to March 23, 1912, but not theretofore exercised, or the exercise of which has been suspended for more than one year, the reason why such right or privilege has not been exercised or has been suspended. (d) The facts showing that the exercise of such right or privilege under such franchise or permit is required by the public convenience and necessity. 2. With the petition shall be filed: (a) A certified copy of the written application to the proper county, city and county, municipal or other public authority for its consent, franchise or permit and of the ordinance or other document, if any has been secured, granting such consent, franchise or permit. If it is impossible to file a copy of the application, the facts rendering such filing impossible shall be stated. (6) Map to suitable scale, showing the streets, avenues and all other places and property in or upon or along which it is proposed to exercise such franchise or permit. 3. If a public utility desires to exercise a right or privilege under a franchise or permit which it contemplates securing, but which has not as yet been granted to it, such public utility may apply to the Commis- sion for an order preliminary to the issue of the certificate. The Com- mission will, in its discretion, thereupon make an order declaring that it will thereafter upon application issue the desired certificate, upon such terms and conditions as it may designate, after the public utility EAILROAD COMMISSION RULES. 915 has obtained the contemplated franchise or permit. Upon the presen- tation to the Commission of evidence satisfactory to it that such fran- chise or permit has been secured by such public utility, the Commission will thereupon issue such certificate. Rule 14. Sale, Lease, Assignment, Mortgage or Other Disposition of Property — Application for. — When application is made by a railroad corporation, street railroad corporation, pipe-line corporation, gas cor- poration, electrical corporation, telephone corporation, telegraph cor- poration or water corporation for an order authorizing the sale, lease, assignment, mortgage or other disposition of the whole or any part of its railroad, street railroad, line, plant or system, necessary or useful in the performance of its duties to the public, or any franchise or permit or any right thereunder, or by any means whatsoever, direct or indirect, the merger or consolidation of its property, franchises or permits or any part thereof, with any other public utility, in the cases specified in sec- tion 51a of the Public Utilities Act, 1. The petition must be made by all the parties to the proposed transaction, and, in addition to the requirements of Rule 9, must state: (a) The financial condition of each applicant, as defined in Rule 1, subd. 6. (&) In detail the reasons upon the part of each applicant for enter- ing into the proposed sale, lease, assignment, mortgage or other dis- position of such property, franchise or permit and all the facts war- ranting the same and showing that it is for the benefit of the public service. 2. With the petition shall be filed: {a) A copy of the proposed contract, agreement, lease or mort- gage, and if prior agreements have been made between the parties relating to the same subject matter, copies of such agreements must be filed with the petition or referred to as already on file with the Commission. Rule 15. Acquisition of Part or All of Capital Stock of Another) Utility — ^Applications for. — When application is made by any public utility for authorization to purchase or acquire, take or hold any part of the capital stock of any other public utility, under the provisions of section 51& of the Public Utilities Act, 1. The petition must be made by the public utility proposing to pur- chase, acquire, take or hold the stock, and in addition to the require- ments rf Rule 9, must state: (a) The financial condition of the applicant and of the corpora- tion whose stock is sought to be purchased, acquired, taken or held, as defined in Rule 1, subd. 6. (h) The reasons why the applicant desires to secure the stock, and the amount of the stock of the public utility affected already owned or held by applicant, if any. 916 HILLYER^S LEGAL MANUAL. (c) Price proposed to be paid for the stock, the terms of pay- ment with the market value thereof, the highest and lowest price during the period of at least one year prior to the application, and dividends, if any, paid for a period of five years. Rule 16. Stocks, Bonds, Notes and Other Evidences of Indebted- ness — Applications for Order Authorizing Issue of. — When application is made by any public utility for an order authorizing the issue of stock or stock certificates, or bonds, notes or other evidences of indebted- ness payable at periods of not more than twelve months after the date thereof, under the provisions of section 52 of the Public Utilities Act. 1. The petition, in addition to the requirements of Rule 9, shall state: {a) The financial condition of the applicant as defined in Rule 1, subd. 6, and a description of the railroad, street railroad, line, plant or system, and equipment of the applicant, with its original cost, where possible, and its cost to the applicant, and the amount of its stock held by other corporations and their names, and the kind of stock held by each. If it is impossible to state the original cost, the facts creating such impossibility shall be stated. (&) The amount and kind of stock, if any, which the public utility desires to issue, and, if preferred, the nature and extent of the prefer- ence: the amount of bonds, notes or other evidences of indebtedness, if any, which the public utility desires to issue, with terms, rate of interest, and whether and how to be secured. (c) The use to which the capital to be secured by the issue of such stock or stock certificates, or bonds, notes or other evidences of in- debtedness is to be put, with a definite statement of how much is to be used severally for the acquisition of property, the construction, com- pletion, extension or improvement of facilities, the improvement of service, the maintenance of service, the discharge or refunding of obligations, and the reimbursement of moneys actually expended from income or from any other moneys in the treasury, as provided by section 52 of the Public Utilities Act. (d) The property in detail which is to be acquired, with its value, a detailed description of the contemplated construction, completion, extension or improvement of facilities set forth in such a manner that an estimate of cost may be made, a statement of the character of the improvement of service proposed, and of the reasons why the service should be maintained from its capital. If it is proposed to discharge or refund obligations or to reimburse moneys actually ex- pended, a statement of the nature and description of such obligations and expenditures, including the par value of the obligations and the amount for which they were actually sold and the application of the proceeds and of the moneys expended, showing when, to whom and for what paid or applied. (e) Whether any contracts have been made for the acquisition of such property, or for such construction, completion, extension or improvement of facilities, or for the reimbursement of expenditures, RAILROAD COMMISSION RULES. 917 or for the disposition of any of the stock or stock certificates, or bonds, notes or other evidences of indebtedness which it is proposed to issue or the proceeds thereof, and if any contracts have been made, copies thereof shall be annexed to the petition. if) Whether any of the outstanding stock or stock certificates or bonds, notes or other evidences of indebtedness of the public utility have been issued or used in capitalizing the right to be a corpora- tion, or any franchise or permit, or the right to own, operate, or enjoy any such franchise or permit, or any contract for consolidation or lease, and, if so, the amount thereof and the franchise, right, con- tract or lease so capitalized. (g) If the stock or stock certificates are to be issued by a cor- poration formed by the merger or consolidation of two or more cor- porations, the petition shall contain a complete statement of the finan- cial condition of the corporations so to be merged or consolidated of the kind required by subdivision {a) hereinbefore set forth, and of their capital stock at the par value thereof. (h) Such other facts as may be pertinent to the application. 2. "With the petition must be filed: (a) A certificate or proposed certificate of proceedings at the meet- ing of directors and stockholders authorizing the issue of the desired securities with a copy of the mortgage, if any. (&) A certified list of the certificates of stock already outstanding, with the shares of stock represented by each certificate, and the amounts paid to the public utility on each certificate as originally issued, either in money, labor or property, stating the amount of each. (c) Maps, profiles, plans and plats of proposed property and con- struction showing — 1. In the case of railroads, including street railroads, all infor- mation required by the Commission's General Order No. 14. 2. In the case of other public utilities, such certified maps and plans as will indicate to the Commission the property to be acquired and the location, extent and character of the proposed construction. (d) Original deeds of property or certified copies thereof covered by proposed issue, with a detailed statement of its actual cost. (e) Certified copies of all contracts for the acquisition of proposed property and equipment and for construction, with plans and specifica- tions of such buildings and structures as may have been designed. (/) Complete inventory of all property and equipment proposed to be acquired, prepared upon or in accordance with blank forms and specifications prescribed by the Commission, and a statement of the cost thereof. ig) A certified statement of all cash bonuses and other donations of property received, if any. 3. If the application is granted, in whole or in part, the Commission's order will : 918 hillyer's legal manual. (a) Prescribe the purposes and amounts for which the issue au- thorized or the proceeds thereof may be used. (6) Direct the applicant to report under oath the sale or sales of the securities or obligations authorized, the terms and conditions of sale and the amounts realized therefrom. (c) Require the applicant to make a verified report at least every six months, showing in detail the use and application by it of the moneys so realized until such moneys shall have been fully expended. (d) Specify such condition or conditions and prescribe such terms as the Commission may deem reasonable and necessary to the exer- cise of its permission. Rule 17. Increases in Charges — ^Applications for Permission to Make. — When application is made by any public utility to raise any rate, fare, toll, rental or charge or so to alter any classification, con- tract, practice, rule or regulation as to result in an increase in any rate, fare, toll, rental or charge, under the provisions of section 20 of article 12 of the Constitution of this State or section 63a of the Public Utilities Act, 1. The petition, in addition to the requirements of Rule 9, must state : (a) The rates, fares, tolls, rentals or charges in effect and the in- creases which it is desired to make. These allegations may be made by reference to schedules accompanying the petition. (&) The reasons for the increase, to be stated in full, so that the Commission may clearly see the justification therefor. > 2. With the petition must be filed: (a) Such schedules or data, if any, as the Commission's tariff cir- culars or other applicable orders may, from time to time, specify. 3. If the Commission is satisfied with the showing so made, it may take action on the application ex parte; otherwise it may order a hear- ing and give notice thereof to such corporations or persons as it may consider necessary or desirable. Rule 18. Long and Short Haul: Thirty Day Notice Rule — ^Appli- cations for Relief from. — When application is made by a common car- rier for authorization to charge less for a longer than a shorter haul over the same line or route in the same direction, under the provisions of section 21 of article 12 of the Constitution of this State or of section 24a of the Public Utilities Act, or by a telegraph or telephone corpora- tion for authorization to charge less for a longer than for a shorter dis- tance service for the transmission of messages or conversation over the same line or route in the same direction, under the provisions of section 24& of the Public Utilities Act, or by any public utility to change a rate, fare, toll, rental, charge or classification, or a rule, regulation or con- tract relating to or affecting any rate, fare, toll, rental, charge, classifica- tion or service, in cases other than those covered by Rule 17, on less than thirty days' notice, under the provisions of section 15& of the Public Utilities Act, RAILROAD COMMISSION RULES. 919 1. The petition, in addition to the requirements of Rule 9, must state — (a) Such facts in connection with the matter and the reasons for the desired relief as may be specified from time to time in the Com- mission's tariff circulars or other applicable orders or instructions. 2. With the petition must be filed: (a) Such schedules or data, if any, as the Commission's tariff circulars or other applicable orders or instructions may, from time to time, specify. 3. If the Commission is satisfied with the showing so made, it may take action on the application ex parte; otherwise it may order a hearing and give notice thereof to such corporations or persons as it may con- sider necessary or desirable. Rule 19. Excessive or Discriminatory Charges — Applications for Permission to Refund. — When application is made by any public utility to make reparation to any shipper or consumer on account of th6 rates charged to said shipper or consumer being excessive or discrimina- tory, under the provisions of section 21 of article 12 of the Constitu- tion of this State, 1. The petition, in addition to the requirements of Rule 19, must state : (a) Such facts in connection with the matter as may be specified from time to time in the Commission's tariff circulars or other ap- plicable orders or instructions. 2. With the petition shall be filed: {a) Such admissions, undertakings or statements on the part of the applicant as the Commission's tariff' circulars or other applicable orders or instructions may, from time to time, specify. 3. If the Commission is satisfied with the showing so made, it may take action on the application ex parte; otherwise it may order a hearing and give notice thereof to such corporations or persons as it may con- sider necessary or desirable. Rule 20. Extensions of Time to File Required Reports, Statements or Data, or to Comply With Commission's Orders — ^Application for. — Whenever a public utility has been required by the Commission to file any report, statement or data or to comply with any other order of the Commission within a time specified, and for any reason is unable to do so within the time specified, it must, before the expiration of such time, file with the Commission an application for extension of time, in which event — 1. The petition shall set forth in detail: (a) What, if any, effort has been made by the applicant to pre- pare such report, statement or data or to comply with such order. (&) Any facts tending to show why the said report, statement or data cannot be filed or said order complied with within the time pre- scribed. 920 hillyer's legal manual. (c) Any other facts which may make an extension of time necessary or proper. (d) The further period of time deemed necessary by the applicant within which to make and file such report, statement or data or to comply with such order. 2. The Commission may direct a hearing upon said petition and in that event the applicant shall attend before the Commission or the com- missioner holding the hearing and produce such witnesses and docu- ments as the Commission may require. Rule 21. Other Applications. — All applications relating to matters over which the Commission has jurisdiction, and which are not gov- erned by any of the preceding rules, shall be made by petition, setting forth the name and address of the applicant and the matter with refer- ence to which the Commission's order, authorization or permission is desired. Thereupon the procedure shall be such as the Commission may prescribe. Rule 22. Deviations from Rules — ^Authorizations for. — In special cases, for good cause shown, the Commission may permit deviations from these rules in so far as it may find compliance therewith to be im- possible or impracticable. Rule 23. Amendment of Rules. — The rules may be amended at any regular session of the Commission. Rule 24. Forms Prescribed for Use. — The following forms may be used in cases to which they are applicable, with such modifications as the circumstances may render necessary: 1. Formal Complaint. 2. Formal Application. 3. Order to Satisfy or Answer a Complaint. 4. Answer. 5. Notice of Hearing on Complaint. 6. Published Notice of Hearing on Application. No. 1. Form of Formal Complaint. Before the Railroad Commission of the State of California. (Insert name of complainant). Complainant, vs. (Insert name of defendant). Defendant. I^No (To be inserted by the secretary of the Commission.) COMPLAINT. The complaint of (here insert full name of complainant) respectfully shows : (1) That (here state occupation and postoffice address of complain- ant). RAILROAD COMMISSION FORMS. 921 (2) That (here insert full name, occupation and postoffice address of defendant). (3) That (here insert fully, clearly and with reasonable certainty the act or thing done or omitted to be done which complainant claims con- stitutes a cause of complaint, with reference, where practicable, to the law, order or rule; and the section or sections thereof, of which a viola- tion is claimed). 'Wherefore, complainant asks (here state specifically the relief to which complainant believes he is entitled). Dated at , California, this .... day of , 191 .... > • • , (Complainant's name.) (Name and address of attorney, if any.) State of California, County of , — ss. (Insert name of complainant or other person qualified to verify), being first duly sworn, deposes and says: that he is the complainant in the action entitled as above; that he has read the foregoing complaint and knows the contents thereof; and that the same is true of his own knowledge, except as to matters which are therein stated on information or belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me, this .... day of 191 ... . Notary Public in and for the County of , State of California. No. 2. Form of Formal Application. Before the Railroad Commission of the State of California. In the Matter of the Application of (here insert name of applicant) for (here insert desired order, authorization, permission or cer- tificate, thus: "order authorizing issue of stocks and bonds"). APPLICATION. The petition of (here insert name of applicant) respectfully shows: 1. That (here insert principal place of business or postoffice address, character of business and territorial extent thereof, of applicant). 2. That (here insert fully, clearly and with reasonable certainty, the facts required by these rules and any additional facts which the appli- ^No (To be inserted by the secretary of the Commission.) 922 hillyee's legal manual, cant desires to state to show the relief which he desires and the facts on which it is based). Wherefore, petitioner aslfs that the Railroad Commission of the State of California (here state specifically the action which the applicant desires the Railroad Commission to take). Dated at , California, this day of ,191 Verification. (Petitioner's name.) (Name and address of attorney, if any.) No. 3. Form of Order to Satisfy or Answer a Complaint. Before the Railroad Commission of the State of California. (Insert name of complainant), Complainant, vs. ^No (Insert name of defendant), (To be insert Defendant. . Oommission.) ORDER TO SATISFY OR ANSWER. To (here insert name and address of defendant) : You are hereby notified that a complaint has been filed in the action entitled as above against you as defendant, and you are hereby ordered to satisfy the matters therein complained of or to answer said complaint in writing within ten (10) days from the service upon you of this order and the copy of said complaint which is hereunto attached. By order of the Railroad Commission. Dated at San Francisco, California, this .... day of , 191.... Secretary Railroad Commission of the State of California. (Railroad Commission Seal.) RAILROAD COMMISSION FORMS. 923 No. 4. Form of Answer to Formal Complaint. Before the Railroad Commission of the State of California. (Insert name of complainant), Complainant, (Insert name of defendant), Defendant. No. (To be inserted by the secretary of the Commission.) ANSWER. The above-named defendant, for answer to the complaint in this pro- ceeding, respectfully states: 1. That (here follow specific denials of such material allegations of the complaint as are controverted by the defendant and also a statement of any new matter constituting a defense. Continue numbering each succeeding paragraph). Wherefore, the defendant prays that the complaint be dismissed (or other appropriate prayer). (Verification.) (Name of defendant.) No. 5. Form of Notice of Hearing on Complaint. Before the Railroad Commission of the State of California. (Insert name of complainant). Complainant, (Insert name of defendant), Defendant. No. (To be inserted by the secretary of the Commission.) NOTICE OF HEARING. To (here insert names of all parties) : You and each of you are hereby notified that the Railroad Commis- sion of the State of California has set the above-entitled case for hearing before Commissioner on (day of week), the (day of month) day of (name of month), 191 , at o'clock M., in the office of the Commission, Room , Commercial Building, San Fran- 924 hillyer's legal manual. Cisco, California, at which time and place yon will be given an oppor- tunity to be heard. By order of the Railroad Commission. Dated at San Francisco, California, this .... day of , 191.... Secretary Railroad Commission of the State of California. (Railroad Commission Seal.) No. 6. Form of Published Notice of Hearing on Application. Before the Railroad Commission of the State of California. In the Matter of the Application of^ (here insert name of applicant) for (here insert desired order, authorization, permission or cer- tificate) . ^No. (To be inserted by the secretary of the Commission.) NOTICE OF HEARING. Notice is hereby given that the application of (name of applicant in full) for the (approval, determination, consent, permission, certificate or authorization) of the Railroad Commission of the State of California to (here state nature of consent asked) will be heard before Commis- sioner at the office of the Commission in the Commercial Building, San Francisco, California, on (day of week), the (day of month) day of (name of month), 191. . . ., at .... o'clock . . . .M. By order of the Railroad Commission. Dated at San Francisco, California, this .... dav of , 191.... Secretary Railroad Commission of the State of California. THE FEDERAL FOOD AND DRUGS ACTS. (June 30, 1906, as Amended August 23, 1912.) Manufacture of Food or Drug Which is Adulterated or Misbranded — Misdemeanor. — It shall be unlawful for any person to manufacture within any Territory or the District of Columbia any article of food or drug which is adulterated or misbranded, within the meaning of this act ; and any person who shall violate any of the provisions of this sec- tion shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall FEDERAL PURE FOOD ACT. 925 be sentenced to one year's imprisonment, or both such fine and im- prisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be fined not less than one thousand dollars or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court. Sale, Transportation, etc. — Article Intended for Export. — Sec. 2. That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Col- umbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or mis- branded, within the meaning of this act, is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall re- ceive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver to any other person, any such article so adulterated or misbranded within the meaning of this act, or any person who shall sell or offer for sale in the District of Columbia or the Territories of the United States any such adulter- ated or misbranded foods or drugs, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not ex- ceeding three hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, that no article sliall be deemed misbranded or adulterated within the provisions of this act when intended for export to any foreign country and prepared or packed aecording to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this act. . Rules and Regulations. — Sec. 3. That the Secretary of the Treas- ury, the Secretary of Agriculture, and the Secretary of Commerce and Labor shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of goods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or pro- duced, or which shall be received frpm any foreign country, or in- tended for shipment to any foreign country, or which may be sub- mitted for examination by the chief health, food, or drug officer of any 926 hillyer's legal manual. State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate com- merce, or for export or import between the United States and any foreign port or country. Exajninations of Foods and Drugs.— Sec. 4. That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such ex- amination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Duty of District Attorney. — Sec. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall re- port any violation of this act, or to whom any health or food or drug officer or agent of any State, Territory, or the District of Columbia shall present satisfactory evidence of any such violation, to cause ap- propriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. "Drug" and ''Food" Defined.— Sec. 6. That the term "drug," as used in this act, shall include all medicines and preparations recog- nized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery, or condi- ment by man or other animals, whether simple, mixed, or compound. What Deemed Adulterated. — Sec. 7. That for the purposes of this act an article shall be deemed to be adulterated: Drugs. — In case of drugs: First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation : Provided^ that no drug defined in FEDERAL PURE FOOD ACT. 927 the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold. Confectionery. — In the case of confectionery : If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug. Food. — In the case of food: First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. Second. If any substance has been substituted wholly or in part for the article. Third. If any valuable constituent of the article has been wholly or in part abstracted. Fourth. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed. Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Pro- vided, that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said j)re- servative shall be printed on the covering or the package, the provi- sions of this act shall be construed as applying only when said products are ready for consumption. Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. What Deemed Misbrajided. — Sec. 8. That the term ''misbranded," as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced. That for the purposes of this act an article shall also be deemed to be misbranded: Drugs. — In case of drugs: First. If it be an imitation of or offered for sale under the name of another article. 928 hillyer's legal manual. Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or aeetanilide, or any derivative or preparation of any such substances contained therein. Third. If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent. Food. — In the case of food: First. If it be an imitation of or offered for sale under the distinc- tive name of another article. Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or aeetanilide, or any derivative or preparation of any of such substances contained therein. Third. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regu- lations made in accordance with the provisions of section three of this act. Fourth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the sub- stances contained therein, which statement, design, or device shall be false or misleading in any particular : Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accom- panied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word ''compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale : Provided, FEDERAL PURE FOOD ACT. 929 that the term blend as used herein shall be construed to mean a mix- ture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only : And provided further, that nothing in this act shall be construed as requir- ing or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding. Guarajity. — Sec. 9. That no dealer shall be prosecuted under the provisions of this act w^hen he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act. Condemnation. — Sec. 10. That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this act, and is being transported from one State, Territory, District, or insular pos- session to another for sale, or, having been transported, remains un- loaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories, or in- sular possessions of the United States, or if it be imported frrm a foreign country for sale, or if it is intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this act or the laws of that jurisdiction: Provided, however, that upon the payment of the costs of such libel proceedings and the exe- cution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this act, or the laws of any State, Territory, District, or insular possession, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. o9 930 Examination of Samples of Imported Goods and Proceedings Against Such Goods. — Sec. 11. The Secretary of the Treasury shall deliver to the Secretary of Agriculture, upon his request from time to time, sam- ples of foods and drugs which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture, and have the right to introduce testimony, and if it appear from the ex- amination of such samples that any article of food or drug offered to be imported into the United States is adulterated or misbranded within the meaning of this act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into, or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secre- tary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, that the Secretary of the Treasury may deliver to the consignee such goods pending examination and deci- sion in the matter on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon; and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of exclud- ing them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond : And provided further, that all charges for storage, cartage, and labor on goods which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future im- portation made by such owner or consignee. "Territory" and '"Person" Defined.— Sec. 12. That the term ** Territory" as used in this act shall include the insular possessions of the United States. The word "person" as used in this act shall be construed to import both the plural and the singular, as the case de- mands, and shall include corporations, companies, societies and asso- ciations. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, com- pany, society, or association as well as that of the person. Act in Force. — Sec. 13. That this act shall be in force and effect from and after the first day of January, nineteen hundred and seven. FEDERAL PURE FOOD REGULATIONS. 931 RULES AND REGULATIONS FOR THE ENFORCE- MENT OF THE FOOD AND DRUGS ACT. GENERAL. Regulation 1. Short Title of the Act. — The act, ''For preventing the manufacture, sale or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes," approved June 30, 1906, shall be known and referred to as ''The Food and Drugs Act, June 30, 1906." Regulation 2. Original Unbroken Package — The term "original unbroken package" as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptable put up by the manufacturer, to which the label is attached, or which may be suit- able for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package. Regulation 3. Collection of Samples. — Samples of unbroken pack- ages shall be collected only by authorized agents of the Department of Agriculture, or by the health, food, or drug officer of any State, Territory, or the District of Columbia, when commissioned by the Sec- retary of Agriculture for this purpose. Samples, may be purchased in the open market, and, if in bulk, the marks, brands, or tags upon the package, carton, container, wrapper, or accompanying printed or written matter shall be noted. The col- lector shall also note the names of the vendor and agent through whom the sale was actually made, together with the date of the pur- chase. The collectors shall purchase representative samples. A sample taken from bulk goods shall be divided into three parts, and each shall be labeled with the identifying marks. If a package be less than 4 pounds, or in volume less than 2 quarts, three packages shall be purchased, when practicable, and the marks and tags upon each noted as above. When three samples are pur- chased, one sample shall be delivered to the Bureau of Chemistry or to such chemist or examiner as may be designated by the Secretary of Agriculture; the second and third samples shall be held under seal by the Secretary of Agriculture, who, upon request, shall deliver one of such samples to the party from whom purchased or to the party guaranteeing such merchandise. When it is impracticable to collect three samples, or to divide the sample or samples, the order of delivery outlined above shall obtain, and in case there is a second sample the Secretary of Agriculture may, at his discretion, deliver such sample to parties interested. AH samples shall be sealed by the collector with a seal provided for the purpose. Regulation 4. Methods of Analysis. — Unless otherwise directed by the Secretary of Agriculture, the methods of analysis employed shall 932 hillyer's legal manual. be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopoeia. Regulation 5. Hearings. — (a) When the examination or analysis shows that samples arc adulterated or misbranded within the meaning of this act notice of that fact shall be given in every case to the party or parties against whom prosecution lies under this act for the ship- ment or manufacture or sale of the particular product and such other interested parties as the Secretary of Agriculture may direct, and a date shall be fixed at which such party or parties may be heard before the Secretary of Agriculture or such other person as he may direct. The hearings shall be had at places designated by the Secretary of Agriculture most convenient for all parties concerned. These hear- ings shall be private and confined to ciuestions of fact. The parties interested therein may appear in person or by attorney and may submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. Interested parties may present proper interrogatories to analysts, to be submitted to and propounded by the Secretary of Agriculture or the officer conducting the hearing. Such privilege, however, shall not include the right of cross-examina- tion. The Secretary of Agriculture may order a re-examination of the sample or have new samples drawn for further examination. (&) If, after hearings held, it appears that a violation of the act has been committed, the Secretary of Agriculture shall give notice to the proper United States attorney. (c) Any health, food, or drug officer or agent of any State, Terri- tory, or the District of Columbia who shall obtain satisfactory evi- dence of any violation of the Food and Drugs Act, June 30, 1906, as provided by section 5 thereof, shall first submit the same to the Sec- retary of Agriculture in order that he may give notice and fix dates for hearings to the proper parties. Regulation 6. Publication. — (a) When a judgment of the court shall have been rendered there may be a publication of the findings of the examiner or analyst, together with the findings of the court. (&) This publication may be made in the form of circulars, notices, or bulletins, as the Secretary of Agriculture may direct, not less than thirty days after judgment. (c) If an appeal be taken from the judgment of the court before such publication, notice of the appeal shall accompany the publication. Regulation 7. Standards for Drugs. — {a) A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, without any further statement respecting its character, shall be re- quired to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopoeia or. National Formulary, official at the time. (&) A drug bearing a name recognized in the United States Pharma- copoeia or National Formulary, and branded to show a different stand- FEDERAL PURE FOOD REGULATIONS. 933 ard of strength, quality, or purity, shall not be regarded as adulterated if it conforms to its declared standard. Regfulation 8. Formulas — Proprietary Foods. — {a) Manufacturers of proprietary foods are only required to state upon the label the names and percentages of the materials used, in so far as the Secretary of Agriculture may find this to be necessary to secure freedom from adulteration and misbranding. (h) The factories in which proprietary foods are made shall be open at all reasonable times to the inspection provided for in Regulation 16. Regulation 9. Form of Guaranty. — (a) No dealer in food or drug products will be liable to prosecution if he can establish that the goods were sold under a guaranty by the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States from whom pur- chased. (&) A general guaranty may be filed with the Secretary of Agricul- ture by the manufacturer or dealer and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with the words ''Guaranteed by [insert name of guarantor] under the food and drugs act, June 30, 1906." (c) The following form of guaranty is suggested: I (we) the undersigned do hereby guarantee that the articles of foods or drugs manufactured, packed, distributed, or sold by me (us) [specifying the same as fully as possible] are not adulterated or mis- branded within the meaning of the food and drugs act, June 30, 1906. (Signed in ink.) [Name and place of business of wholesaler, dealer, manufacturer, jobber, or other party.] (d) If the guaranty be not filed with the Secretary of Agriculture as above, it should identify and be attached to the bill of sale, invoice, bill of lading, or other schedule giving the names and quantities of the articles sold. ADULTERATION. Regulation 10. Confectionery. — (a) Mineral substances of all kinds (except as provided in Regulation 15) are specifically forbidden in confectionery whether they be poisonous or not. (&) Only harmless colors or flavors shall be added to confectionery. (c) The term ''narcotic drugs" includes all the drugs mentioned in section 8, food and drugs act, June 30, 1906, relating to foods, their derivatives and preparations, and all other drugs of a narcotic nature. Regulation 11. Substances Mixed and Packed With Foods. — No substance may be mixed or packed with a food product which will re- duce or lower its quality or strength. Not excluded under this pro- vision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further process of manufacture. Regulation 12. Coloring, Powdering, Coating, and Staining.— (00"=>C>0010001 1 6) e<3 eo eoco mcocoo4e<5Mojeoojo)oiooiMeO'OK5iraoioiraoiou3»oioioioioioioioioioioioioio«MiftioioioioK50ioioi<>ioir5ioipm ooooooooooooooooooooooooooooooooooooooo^ooooooooooooooooooo ooooooooopooooioooooooooooo<^ooooo. ooomooioooooooomooooooooooo «o O) CO CO eccM eoeoeo«eo«eoojeoeocvieooai?40jeooJcO'*coc«eoe<3Ncor3Ne<5C»)C'ievJO.ieoeoeoini(5int--ioiniQirainiooir5if5>o«3»nioininQ«oinioi»ioiniraioira>oininioin>niraioi3 3?J ------- OOOOOOOOOO' OOOOOOOOOO' CM 2 00 (Stats. 1905, p. 468.) License fee, manufacturers of renovated butter within the state 1,000 00 Wholesale dealers 400 00 Retail dealers 50 00 Hotels, restaurants, boarding-houses, etc 10 00 State Land Office. See Surveyor General. State Registrar of Vital Statistics. ^ See State Board of Health. State Superintendent of Banks. See Superintendent of Banks. State Treasurer. (Stats. 1912, p. 639.) For the registration of every motorcycle, including the right of the owner thereof to operate the vehicle 2 00 For the registration of every automobile of less than twenty horse-power 5 00 For the registration of every automobile of twenty horse-power and above, but less than thirty horse-power 10 00 For the registration of every automobile of thirty horse-power and above, but less than forty horse-power 15 00 For the registration of every automobile of forty horse-power and above, but less than fifty horse-power 20 00 For the registration of every automobile of fifty horse-power and above, but less than sixty horse-power 25 00 For the registration of every automobile of sixty horse-power and above 30 00 For the registration of motor vehicles owned by or under the control of a manufacturer of or dealer in motor vehicles, if such persons operate upon the public highways not more than five automobiles 50 00 FEE TABLE. 1009 And for every automobile in excess of five so operated $10 00 For the registration of all of the motorcycles owned by or under the control of a manufacturer of or dealer in motor- cycles who does not manufacture or deal in automobiles, including five seals to be furnished with the certificates of registration 5 00 For the registration of every automobile and of the motor vehi- cles owned by or under the control of a manufacturer of or dealer in motor vehicles, who applies therefor during the period beginning with the first day of August and ending on the thirty-first day of December, in any year One-half of the foregoing fees For the substitution of the registration of an automobile for that of a vehicle previously registered 2 00 For the substitution of the registration of a motorcycle for that of a motorcycle previously registered 1 00 For every original chauffeur's license 2 00 For the renewal of any chauffeur's license to operate automo- biles 2 00 For every additional seal of registration or license 50 For every additional number plate furnished to replace such plates as have been lost or mutilated, or which are illegible and for every additional number plate furnished to a man- ufacturer of or dealer in motor vehicles whose business requires more than five pairs of such plates 75 For every additional seal furnished to replace such seals as have been lost or mutilated, or which are illegible, and for every seal furnished to a manufacturer of or dealer in auto- mobiles for use on motorcycles owned by or under the con- trol of such persons 50 Provided, however, that the State department of engineer- ing may furnish without charge copies of seals of registration and licenses to operate, and copies of other documents re- lating thereto, to officers of the State or of any court thereof or of a city or town therein. For issuing duplicate chauffeur's badge 1 00 Certified copy of bond of Secretary of State (Pol. C. 957) Same as other certified copies Superintendent of Banks. (Bank Act.) For examination of title of securities deposited with state treas- urer by trust companies not to exceed 20 00 For appraisement, per mortgage or deed of trust for each ap- praiser 5 00 For certificate of approval of branch office 50 00 For certificate of approval of department 50 00 For extra examination, per day, not to exceed 20 00 For copy of process to foreign corporations 2 00 64 1010 hillyer's legal manual. Superintendent of Schools — County. Receiving application for teacher's certificate, other than tem- porary (Pol. C. 1565) $2 00 Receiving application for renewal of teacher's certificate (Pol. C. 1565) 2 00 Superior Court. See County Clerk ; Jurors ; Sheriff ; Referees ; Receivers ; Witnesses. Supreme Court of California, Clerk of. (Pol. C. 752.) Filing transcript on appeal, civil cases XO 00 Filing petition for rehearing 2 50 Filing motion to dismiss appeal on clerk's certificate 2 50 Filing petition for writ of mandate 7 50 Filing petition for writ of review 7 50 Filing petition for writ of prohibition 7 50 Filing order extending time to file transcript 50 Certificate of admission as attorney and counselor 10 00 Filing each paper in writs of error to the Supreme Court of the United States 25 Making record in writs of error to the Supreme Court of the United States, per folio 10 Making copies of any record of document in his office (not taxed against parties to suit for any paper or copy of paper up to and including remittitur), per folio. 10 Comparing any document requiring a certificate, which was not printed or typewritten from the same type or at the same time as the original or which has not been corrected in all respects to conform therewith, per folio 05 Comparing any document requiring a certificate which was printed or typewritten from the same type or at the same time as the original and has been corrected in all respects to conform therewith, per folio 01 Administering oaths for verification of claims against State... Nil For other services. . . .The same fees as prescribed for notaries public Supreme Court United States, Marshal of. (U. S. Comp. Stats. 1901, p. 641.) For the service of any warrant — For each person on whom such service is made 1 00 For service of any attachment 1 00 For service of any summons 1 00 For service of any capias 1 00 For service of any writ, except execution, venire, or a sum- mons, or subpoena for a witness 1 00 Fees for all other services, the same as are allowed to other marshals. PEE TABLE. 1011 Surveyor General. For license to surveyor (Stats. 1907, p. 310) .$10 00 For duplicate license (Stats. 1907, p. 310) 5 00 (Pol. C. 501.) Certificate of purchase 3 00 Duplicate certificate of purchase 3 00 Patent 5 00 Duplicate of patent 5 00 Certifying contested case to Superior Court 10 00 Copies of papers, per folio 20 And for certificate with seal attached 1 00 Receiving and filing application to purchase public lands (Pol. C. 3574) 5 00 Tax Collector. For issuing license (Pol. C. 3364) 1 00 For services required to be performed in the formation, govern- ment and control of overflow district (Stats. 1911, p. 1397) No fees Treasurer. See State Treasurer. Trustees in Bankruptcy. (Bankruptcy Act, § 487.) Trustees in bankruptcy shall receive for their services 5 00 A commission on moneys disbursed or turned over to any person, and not exceeding — On the first $500 6% Over $500 and less than $1,500 4% Over $1,500 and less than $10,000 2% In excess of $10,000 1% In case of composition, not exceeding J of 1% on the amount to be paid to creditors on composition. Where the business is conducted by trustee, court may allow additional compensation by way of commissions upon the money disbursed or turned over, not exceeding — On the first $500 6% Over $500 and less than $1,500 4% Over $1,500 and less than $10,000 2% In excess of $10,000 1% In case of composition, not exceeding i of 1% on the amount to be paid to creditors on composition. University of California. (Stats. 1903, p. 259.) For registering fertilizer annually 50 00 For analysis of sample of guaranteed fertilizer 2 00 License fee on sale of fertilizers at over $8 per ton, for each ton 25 1012 hillyer's legal manual. For certificate of registration of manufacturer, importer, agent of, or dealer in insecticide, selling price of which is not less than i^ per pound annually (Stats. 1911. p. 1248) $ 1 00 For examination or analysis of samples for registered insecti- cide (Stats. 1911, p. 1248) 1 00 For registering nurse (Stats. 1905, p. 533) 5 00 For re-registration of nurse (Stats. 1905, p. 533) 1 OO U. S. Bureau of Patents. See Patent Office. U. S. Bureau of Pensions. See Pensions. U. S. Circuit Court of Appeals— Clerk. (Act of February 19, 1897. See Order, 169 U. S. 740.) Docketing case and filing the record 5 00 Transferring a case to the printed calendar 1 00 Entering an appearance 25 Entering a continuance 25 Filing a motion, order or other paper 25 Entering any rule or making or copying any record or 'other paper, for each one hundred words 20 Entering a judgment or decree 1 00 Every search of the records of the court, and certifying the same . . 1 00 Affixing a certificate and a seal to any paper 1 00 Receiving, keeping and paying money, in pursuance of any stat- ute or order of court, on the amount so received, kept and paid 1% Preparing the record for the printer, indexing the same, super- vising the printing, and distributing the copies, for each printed page of the record and index 25 Making a manuscript copy of the record, when required by the rules, for each one hundred words (but nothing in addition for supervising the printing) 20 Issuing a writ of error and accompanying papers or a mandate or other process 5 00 Filing briefs for each party appearing 5 00 Copy of an opinion of the court, certified under seal, for each printed page (but not to exceed $5 in the whole for any copy) 1 00 Attorney's docket fee 20 00 U. S. Commissioners. (Comp. Stats. 1901, p. 652.) Each United States Commissioner shall be entitled to the fol- low^ing named fees, and none other: Drawing complaint, with oath and jurat to same 50 Copy of complaint, w^th certificate to same 30 Issuing warrant of arrest 75 FEE TABLE. 1013 Issuing a commitment and making copy of same $1 00 Entering a return 15 Issuing a subpoena or subpoenas in any one case 25 For each necessary witness in addition to the first 05 Drawing a bond of defendant and sureties, taking acknowl- edgment of same and justification of sureties 75 Administering an oath (except to witness as to attendance and travel) 10 Eecognizance of all witnesses in a case, when the defendant or defendants are held for court 50 Transcript of proceedings, when required by order of court and transmission of original papers to court 60 Copy of warrant of arrest, with certificate to same, when defendant is held for court, and the original papers are not sent to court 40 Order in duplicate to pay all witnesses in a case — for first witness 30 And for each additional witness 05 And for the oath to each witness as to attendance and travel , 05 Hearing and deciding on criminal charges and reducing the testimony to writing when required by law or order of court, per day for the time necessarily employed 5 00 Provided, that not more than one per diem shall be al- lowed in a case, unless the account shall show that the hear- ing could not be completed in one day, when one additional per diem may be especially approved and allowed by the court : Provided, further, that not more than one per diem shall be allowed for any one day : Provided, further, that no per diem shall be allowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been committed to prison upon a final commitment, or has given bond or been recognized for his appearance at court, or when the defendant has been arrested on a capias or bench warrant, or was in custody under any process or order of a court of record. For the examination and certificate in case of application for discharge of poor convicts imprisoned for nonpay- ment of fine or fine and costs, and all services connected therewith, in a civil cause at law, in equity, or in ad- miralty, in pursuance of an order of the court 3 00 Taking and certifying depositions to file in civil cases, for each folio 1^ For each copy of the same furnished to a party on request, for each folio lO For issuing any warrant under the tenth article of the treaty of August 9, 1842, between the United States and the 1014 Queen of the United Kingdom of Great Britain and Ireland, against any parties charged with any crime or offense set forth in said article $2 00 Issuing any warrant under the provision of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington, November 9, 1843 ' 2 00 For hearing and deciding upon the case of any person charged with any crime or offense, and arrested under the provisions of said treaty or of said convention, per day for the time necessarily employed 5 00 For hearing and deciding a case under the Chinese exclusion laws (U. S. Comp. Stats. 1901, p. 1328) 5 00 U. S. District Court Clerk's Fees. (R. S., p. 840; U. S. Comp. Stats., p. 635.) Issuing and entering every process 2 00 Issuing and entering every commission 2 00 Issuing and entering every summons 2 00 Issuing and entering every capias 2 00 Issuing and entering every execution 2 00 Issuing and entering every warrant 2 00 Issuing and entering every attachment 2 00 Issuing and entering every writ, except a writ of venire, or a summons or subpoena for witness 2 00 Issuing a writ of summons 50 Issuing a writ of subpoena 50 Filing and entering every declaration 20 Filing and entering every plea, or other paper 20 Administering oath or affirmation, except to a juror 20 Taking an acknowledgment 50 Taking and certifying depositions to file, for each folio of one hundred words 50 Copy of such deposition furnished to a party on request, per folio 20 Entering any return, per folio 30 Entering any rule, per folio 30 Entering any order, per folio 30 Entering any continuance, per folio 30 Entering any judgment, per folio 30 Entering any decree, per folio. , 30 Entering any recognizance, per folio 30 Drawing any bond, per folio 30 Making any record, per folio 30 Making any certificate, per folio 30 Making return or report, per folio 30 Copy of any entry or record of any paper on file, per folio. ... 20 All other services on the trial or argument of a cause where issue is joined and testimony given 3 00 FEE TABLE. 1015 Making dockets and indexes, in a cause which is dismissed or discontinued, or where judgment or decree is made or ren- dered without issue $2 00 Taxing costs in a cause which is dismissed or discontinued, or where judgment or decree is made or rendered without issue.... •• 2 00 Making dockets and taxing costs, in cases removed by writ of error or appeal 2 00 Affixing the seal of the court to any instrument, when required 40 Every search for any particular mortgage, judgment or other lien 30 Searching the records of the court for judgments, decrees or other instruments constituting a general lien on real estate, and certifying the result of such search, for each person against whom such search is required to be made 30 Receiving, keeping and paying out money, in pursuance of any statute or order of court — on the amount so received, kept and paid 2% Traveling from the office of the clerk, where he is required to reside, to the place of holding any court required by law to be held, per mile going 10 Per mile returning 10 Attendance on court per day while in session 10 00 On admission of attorney to practice (U. S. Comp. Stats. 1905, p. 160) 2 00 (Bankruptcy Act, § 71.) Issuing certificate as to whether or not petition or discharge in bankruptcy has been filed The same fees allowed for certificates as to judgments (Bankruptcy Act, § 52.) As full compensation for services to each estate in bankruptcy except where not required from a voluntary bankrupt 10 00 U. S. Marshals. (R. S., § 829.) Service of any warrant 2 00 Service of any attachment 2 00 Service of an}^ summons 2 00 Service of any capias 2 00 Service of any other writ, except execution, venire or a sum- mons or subpoena for a witness 2 00 Keeping personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow. Serving venires and summoning twelve men as grand or petit jurors $4 00 or 33%ff each Where jurors are drawn by lot, by constables or other officers of corporate places, the marshal shall receive, for each jury, for the use of the officers employed in drawing and 1016 hillyer's legal manual. summoning the jurors and returning each venire $ 2 00 For his own services in distributing the venires 2 00 Fees for distributing and serving venires, drawing and sum- moning jurors by township officers, including the mileage chargeable by the marshal for each service, shall not at any court exceed 50 00 Holding a court of inquiry or other proceedings before a jury, including the summoning of a jury 5 00 Serving a writ of subpoena on a witness 50 Serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ. For making the service, seizing or levying on property, ad- vertising and disposing of the same by sale, setoff or otherwise according to law, receiving and paying over the money, the same fees and poundage as are or shall be al- lowed for similar services to the sheriffs of the State in which the service is rendered. Each bail bond 50 Summoning appraisers 50 Executing a deed prepared by a party or his attorney 1 00 Drawing and executing a deed 5 00 Copies of writs or papers furnished at the request of any party, per folio 10 Every proclamation in admiralty 30 Serving an attachment in rem or a libel in admiralty 2 00 Necessary expenses of keeping boats, vessels or other prop- erty attached or libeled in admiralty, not exceeding per day 2 50 When debt or claim in admiralty is settled by the parties without sale of the property, the marshal shall be entitled to a commissi on^- On the first five hundred dollars of the claim or decree. . 1% On the excess of any sum thereof over five hundred dol- lars i of 1% For sale of vessels or other property under process in admir- alty, or under order of a court of admiralty and for receiv- ing and paying over money — On any sum under five hundred dollars 2^% In excess of any sum over five hundred dollars li% Disbursing money to jurors and witnesses, and other expenses 2% Expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sum actually expended, not to exceed, in addition to his compensation for services and travel, per day 4 00 And for deputy 3 00 Every commitment or discharge of a prisoner 50 Transporting criminals, for himself and for each prisoner and necessary guard, per mile 10 FEE TABLE. 1017 Transporting criminals convicted of a crime in any district or territory where there is no penitentiary available for the confinement of convicts of the United States, to a prison in another district or territory designated by the Attorney General, the reasonable actual expense of trans- portation of the criminals, the marshal and the guards, and the necessary subsistence and hire. Attending the Circuit and District Courts, when both are in session, or either of them when only one is in session, and for bringing and committing prisoners and witnesses dur- ing the term, per day $ 5 00 Attending examinations before a commissioner, and bringing in, guarding and returning prisoners charged with crime, and witnesses, per day 2 00 For each deputy not exceeding two, necessarily attending, per day 2 00 Traveling from his residence to the place of holding court, to attend a term thereof, per mile for going only 10 Travel, in going only, to serve any process, in civil or criminal cases, to be computed from the place where the process is returned to the place of service, or when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others, per mile 06 Travel, in going only, to serve any warrant, same as above, per mile 06 Travel, in going only, to serve any attachment, same as above, per mile 06 Travel, in going only, to serve other writ, including writs of subpoena, same as above, per mile 06 When more than two writs of any kind required to be served in behalf of the same party on the same person might be served at the same time, the marshal shall be entitled to compensation for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit. In all cases where mileage is allowed to the marshal, he may elect to receive the same or his actual traveling ex- penses, to be proved on his oath, to the satisfaction of the court. From the estate where an adjudication in bankruptcy is made, except as otherwise provided, for the perform- ance of their service in proceedings in bankruptcy, the same fees, as they are entitled to receive for the perform- ance of the same or similar services in other cases in ac- cord with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals. (Bank- ruptcy Act, § 52.) 1018 hillyer's legal manual. (Bankruptcy Act, § 48.) Commissions on moneys disbursed or turned over to any person not exceeding on the first $500 6% Over $500 and less than $1,500 4% Over $1,500 and less than $10,000 2% In excess of $10,000 1% In case of composition, not exceeding i of 1% on the amount to be paid to creditors on composition. When marshal acts as mere custodian, and does not carry on the business of the bankrupt, not exceeding on the first $1000 2% On all above $1,000 i of 1% Where the business is conducted by a marshal, additional compensation by way of commissions upon moneys dis- bursed or turned over, or afterward realized by the trustee from property turned over in kind by the marshal to the trustee, not exceeding on the first $500 6% Over $500 and less than $1,500 4% Over $1,500 and less than $10,000 2% In excess of $10,000 1% In ease of composition, not exceeding J of 1% on the amount to be paid to creditors on composition. U. S. Supreme Court, Clerk of. (Rule XXIV, U. S. Supreme Court.) Docketing a case and filing and indorsing the transcript of the record $ 5 00 Entering an appearance 25 Entering a continuance 25 Filing a motion, order or other paper 25 Entering any rule, or for making or copying any record, or other paper, per folio, each 100 words 20 Transferring each case to a subsequent docket and indexing same 1 00 Entering a judgment or decree 1 00 Each search of the records of the court 1 00 Certificate and seal 2 00 Receiving, keeping and paying money in pursuance of any statute or order of court — on the amount so received, kept and paid 2% Admission to the bar and certificate under seal 10 00 Preparing record or transcript for the printer, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, per folio 15 Making a manuscript copy of the record, when required under Rule 10, but nothing in addition for supervising the print- ing, per folio 20 Issuing writ of error and accompanying papers 5 00 FEE TABLE. 1019 Mandate or other process $ 5 00 Filing briefs, for each party appearing 5 00 Copy of any opinion of the court, or any justice thereof, certi- fied under seal, for every printed page but not exceeding $5 in the whole for any copy 1 00 Witness' Fees. (Pol. C. 4300g.) Each day's actual attendance, when legally required to attend upon the Superior Court, per day, civil cases 2 00 Each day's actual attendance, when legally required to attend upon the Superior Court, per day, criminal cases 1 50 Mileage actually traveled, one way only, per mile 10 Each day's actual attendance, when legally required to attend be- fore a grand jury 1 50 Each mile actually traveled in attending as such witness before a grand jury, one way only 10 Each day's attendance upon a Justice's Court, in civil cases only, when legally required to attend, per day 1 00 Each mile actually traveled, in civil cases only, in a Justice's Court, in going only 10 Witnesses in civil cases may demand the payment of their mileage and fees for one day, in advance, and when so de- manded shall not be compelled to attend until the same shall have been paid. El Dorado. In criminal cases in the Superior Court (when necessary for the expenses of the witness) per diem 2 00 Mileage, one way 15 Inyo. Superior Court, per diem 2 00 Mileage, going only 20 Justice 's Court in civil cases only, per diem 2 00 Mileage going only (in civil cases only) 20 Before the Grand Jury, per diem 2 00 Mileage, going only 20 Stanislaus. In criminal cases and cases of dependent and delinquent persons, per diem 2 00 Mileage, one way 10 Tuolumne. (Pol. C. 4268.) Superior Court criminal cases (for indigent witnesses only), per diem 1 50 Mileage, one way only 10 1020 Witness' Fees — Federal Courts. (U. S. Comp. Stats. i901, p. 654.) For each day's attendance in court, or before any officer pursuant to law $1 00 And for going from his place of residence to the place of trial or hearing, per mile 05 And for returning, per mile 05 When a witness is subpoenaed in more than one cause be- tween the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attend- ance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation per day of 1 00 Witness' Fees — State Railroad Commission. For each day 's attendance 2 00 Mileage, each way 5 Witnesses — Compensation of Seamen Sent Home as. (Comp. Stat. 1901, p. 655.) There shaU be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea, or ocean, by any United States minister, charge d'affaires, consul, cap- tain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensa- tion, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding 1 00 For each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up, to his injury, by his being sent to the United States. When such seaman or person is transported in an armed vessel of the United States, no charge for sub- sistence or transportation shall be allowed. When he is transported in any other vessel, the compensa- tion for his transportation and subsistence, not exceeding in any case 50 A day, may be fixed by the court, and shall be paid to the captain of said vessel accordingly. No Fee. By any officer for anything connected with apprenticing homeless minor. (C. C. 268.) For filing statement or affidavit of committee or candidate voted for at public election. (Pol. C. 4301.) BOND RATES. 1021 For filing or swearing to any claim or demand against a county. (Pol. C. 4301.) Habeas corpus, etc. (Pol. C. 4297.) For administering or certifying to any request of National Guard. (Pol. C. 2106.) Recording certificates of births and marriages. (Pol. C. 3078.) No member of the legislature or State officer shall be charged for any search relative to matters appertaining to the duties of his office; nor shall he be charged any fee for a certified copy of any law or resolution passed by the legislature relative to his official duties. (Pol. C. 409.) Pension matters. (Pol. C. 4301.) Registration. (Pol. C. 1071.) On estates less than $75 for burial purposes. (C. C. P. 1726a.) RATE SCHEDULE OF BONDING COMPANIES FOR COURT, FIDUCIARY, INSOLVENCY AND PRO- BATE BONDS. Applicable to California. Rate for Bonds Required of Litigants. Appeal, attachment, certiorari, condemnation of land, costs, counter- replevin, damages, discharge of injunction, execution, forthcoming, gar- nishment, injunction, land damage, libelants, mandamus, petitioning creditors, postponement or adjournment of trial, release, removal of cause, replevin, right of way, stay of execution, stay of proceedings, stipulation for costs, stipulation for value, supersedeas, writ of error, writ of prohibition, or any bond to enable plaintiff or defendant to pur- sue the remedy of the courts, or staying or guaranteeing the payment of any recovery or relief, $5 per M per annum. To indemnify sheriff or marshal or other officer for seizure of prop- erty under writ of attachment, execution, replevin, etc., or under Federal Bankruptcy Act, $5 per M per annum. Minimum premium for all the above court bonds up to and including $500, $5 per annum. Minimum premium for bonds over $500, $10 per annum. On all court bonds premium is computed on the penalty of the bond; except that if an undertaking without penalty is given, premium com- puted on the estimated liability to be ascertained by adding to the amount of the value of the property, or of the judgment or claim, or other matter in controversy, two years' interest at six per cent (6%) per annum, and $250 probable costs. To release mechanics' liens which have been filed or to release lis pendens or to release or guarantee payment of lien of judgment, mort- gage or other liens existing on property, $10 per M per annum. Minimum premium for liens not exceeding $200, $5 per annum. Where the amount of liens exceeds $200, $10 per annum. 1022 HILLYER^S LEGAL MANUAL. Arrest in Civil Proceedings. Bonds to procure order of arrest, discbarge from arrest, bail, or jail liberties in civil actions only, $10 per M per annum — Minimum, $10. Bail Bonds in Criminal Proceedings. $20 per M per annum — Minimum $10. The premium of $20 per thousand for bail bonds in criminal proceed- ings shall cover such subsequent bail bonds or recognizances as may be required of the same principal for the same offense, and during the same year, provided the penalty thereof is not increased. Should the penalty of subsequent bonds be increased, the premium of $20 per thou- sand per annum shall be charged on such increase; and should it be diminished no abatement from the original premium shall be made there- for. Pure Food and Drugs Act. Adulteration, misbranding and other violations of the Pure Food and Drugs Act are misdemeanors; bonds for defendant prosecuted under this act, or for the release of goods seized under the act, are therefore criminal bail bonds, rated at $20 per M. Automobile Bail Bonds. $20 per M — Minimum, $10. Power of Attorney. Empowering automobilists to furnish bail bonds covering themselves, their immediate family, and their chauffeur : One power of attorney for any term not exceeding one year, $5. Two powers of attorney for any term not exceeding one year, $10. No refund to be made for nonuse or for short term. On all court bonds extending over one year an annual renewal pre- mium is charged at the same rate as the first premium. When bond is canceled, refund may be made from renewal premiums only of unearned premium at Western Union Short Rate Table. On all court bonds which expire within the first year, the first annual premium paid is deemed to be fully earned, and no rebate therefrom is made; except, however, as follows : Where bond in preliminary proceedings (as injunction, certiorari, mandamus or prohibition) has been given and in the same action or proceeding the writ or relief is made permanent, and another bond is required, if new bond is given within six months of the date of prelimi- nary bond, there may be applied to premium on new bond a refund of one-half the premium paid for preliminary bond, such refund, however, not to reduce net premium earned on preliminary bond below the amount of $10. Where bond has been given to stay execution of judgment pending permission to Appeal ; and within six months such permission to appeal is granted, and new bond on appeal is required in the same case, there may be applied to the payment of premium on the subsequent bond a BOND RATES. 1023 refund of one-half the premium paid on the former bond, such refund, however, not to reduce the net earned premium on the former bond below $10. Fiduciary and Insolvency Bonds. (For fiduciaries in administration, probate, decedent's estate, or orphan's estate, see p. 1027.) Rates on these bonds are computed on the penal sum named in the bond ; that is, on the amount of the bond irrespective of the amount of the estate or of any estimated liability under the bond. Receivers of National Banks appointed by the Comptroller of the Currency, $2.50 per M per annum. Receivers appointed in all State courts, and receivers in Federal courts except in proceedings under the Federal Bankruptcy Act, $5 per M per annum. Minimum premiums on bonds less than $1,000, $5 each; on bonds, $1,000 and upwards, $10 each. Receivers in bankruptcy appointed by the Federal bankruptcy court, and trustees in bankruptcy under the Federal Bankruptcy Act : On bonds up to $100,000, $3 per M per annum. Over $100,000 up to $250,000, $300 for the first $100,000 and $2 per M per annum on excess. Over $250,000 up to $500,000, $600 for the first $250,000 and $1.50 per M per annum on excess. Over $500,000, $975 for the first $500,000 and $1 per M per annum on excess. Minimum premiums on bonds for receivers and trustees appointed under Federal bankruptcy law: Bonds of $200 and under $2.50 each ; over $200 and less than $1,000, $5 each ; $1,000 and over, $10 each. Where a temporary fiduciary is succeeded by a permanent fiduciary (as where a receiver in bankruptcy is succeeded by a trustee in bank- ruptcy), the earned premium on the temporary fiduciary's bond for the period of liability may be computed at the Short Rate Table (p. 1027), subject to a minimum earned premium on bonds of $200 and less of $2.50 each, and for bonds over $200 of $5 each. Commissioners, masters or referees appointed by Federal or State courts for the sale of property under foreclosure, or for the sale of prop- erty for the benefit of creditors, in litigation or in liquidating or winding up proceedings, where such commissioners are not charged with the per- formance of any duties in the conduct of their trust, other than such sale and the distribution of its proceeds, $3 per M per annum — Minimum, $5 per annum for each appointee. Assignee or trustee for the benefit of creditors under State laws, and bonds given by survivor of partnership, $10 per M per annum — Mini- mum, $10 per annum. Where assignors for the benefit of creditors are petitioned into bank- ruptcy and the assigned estate is turned over to the custody of the Federal bankruptcy courts, if the assignee's account is approved and 1024 his bond released by the bankruptcy court, the amount allowed to him by such court for premium on his bond as assignee may be accepted as the minimum earned premium on such bond for the period of liability. If no premium is allowed the assignee by the bankruptcy court, then the minimum earned premium on his bond as assignee is $5 per thousand. On all bonds for the fiduciaries, receivers, assignees, or trustees in bankruptcy or insolvency extending over one year, an annual renewal premium is charged at the same rate as the first premium. When bond is canceled, refund may be made from renewal premiums only at Western Union Short Rate Table (p. 1027). Where such bond expires within the first year, the first annual premium paid is deemed to be fully earned, and no rebate therefrom is made ; except, however, as follows : Where the receivership or trust is closed and taken from the further custody of the court either by winding up and distribution to creditors, or by composition and settlement, or by the reassignment of the estate, no refund of unearned premium shall be made. Where a trust or receivership is retained in the custody of the court, but a different fiduciary is appointed to carry out the orders of the court, or the same fiduciary is appointed in a different capacity, or a temporary fiduciary is succeeded by a permanent fiduciary (as where a receiver in bankruptcy is succeeded by a trustee in bankruptcy), if the successor or permanent fiduciary is former or temporary fiduciary, bond may be computed at the Short Rate Table; no refund for unearned premium, however, shall be given which shall reduce the net earned premium below the minimum premiums herein given. The same rule applies where a receiver or other fiduciary is appointed to succeed himself in winding up the same estate and is required to give a new bond for that purpose. In any case where no bond is given by the successor or permanent fidu- ciary, no refund shall be made from the premium paid by the former or temporary fiduciary. Probate Bonds in Probate, Decedents', Orphans', or Incompetents' Estates. Rates on these bonds are computed on the penal sum named in the bond ; that is, on the amount of the bond irrespective of the amount of the estate, or of any estimated liability under the bond. Administrator, special administrator, administrator with the will an- nexed, administrator d. b. n., administrator to sell real estate, executor, general guardian, special guardian, guardian ad litem, guardian on sale of real estate, trustee under will or deed, or on sale of real estate, and commissioner for sale of real property : Bonds up to and including $10,000, $4 per M per annum. No premium less than $10 where the bond is in the amount of $1,000 or over. Where bond is less than $1,000, no premium less than $5. Bonds over $10,000, up to $100,000, $40 for the first $10,000, and $3 per M per annum on excess. No premium more than $300 for bond of $100,000 or less. Bonds over $100,000 up to $250,000, $300 for the first $100,000 and $2 per M per annum on excess. BOND RATES. 1025 Bonds over $250,000 up to $500,000, $600 for the first $250,000 and $1.50 per M per annum on excess. Bonds over $500,000, $975 for the first $500,000, and $1 per M per annum on excess. On all fiduciaries' bonds under this title extending over one year, an annual renewal premium is chartered in the amount of two-thirds the first premium. On all such bonds of less than $1,000, the minimum first pre- mium is $5, and the minimum annual renewal premium is $5. On all such bonds of $1,000 or more, the minimum first premium is $10, and the minimum annual renewal premium is $10. If premium for two or more years is paid in advance, the minimum premium herein given applies to the first year, and two-thirds thereof is the minimum premium for each subsequent year for which advance payment is made. On all fiduciaries' bonds under this title expiring within the first year, the first annual premium paid is deemed to be fully earned, and no rebate there- from is made, except, however, as follows : Where a fiduciary succeeds himself in a different capacity but retains custody of the same estate and is required to give new bond for his new appointment within less than a year of the date of execution or renewal of his first bond, the earned premium on the first bond may be computed in accordance with the short rate table, and there may be applied to the premium on the new bond a refund of the unearned premium paid for the first bond; such refund, however, not to reduce the premium earned on the first bond below $5 if the first bond is in the sum of $1,000 or less or below $10 if the first bond is in the sum of more than $1,000. Where the liability on the bond of a receiver, administrator, or other fiduciary has been reduced by competent evidence or by an order of a competent court, based on a legal distribution of the assets, or a portion of the assets of the estate, the renewal premium on the bond for the second and subsequent years may be reduced in the same proportion, unless there remains in the estate undistributed assets equal to the amount of the bond, in which case there is no other reduction of annual renewal premium than provided for in the rate table. No reduction, however, by reason of distributed assets or otherwise shall make the an- nual renewal premium so long as the bond or any part thereof remains in force, less than $5. Where a guardian is appointed for two or more minors in the same family, and entitled to a share of the same estate, and a separate bond is required to be given by him for each minor, the premium for the first and subsequent years is calculated upon the sum total of all the guard- ians' bonds thus required for the whole estate instead of a minimum charge for each separate bond. When a trustee gives separate bonds covering individual trusts created by one instrument, the premium thereon is computed on the sum total of such bonds. If two or more receivers, administrators, or other fiduciaries are appointed for the same estate and give a joint bond, there is charged a single premium computed on the penalty of such joint bond. 65 1026 Where two or more receivers, administrators or other fiduciaries are appointed for the same estate and each give separate bond, there is charged one full premium at regular rates computed on the penalty of one such bond; plus an additional charge of 15% of the regular pre- mium to be computed on the penalty of each additional bond required. Where separate bonds are thus given for joint fiduciaries of the same estate and are written in more than one surety company, agents arrange that the gross premium for all fiduciaries, computed according to this rule, are so divided that an equal amount thereof is charged on each fiduciary's bond. Where two or more receivers, administrators or other fiduciaries are appointed to jointly administer a receivership, estate or other trust, and one of such fiduciaries is a trust company or other corporation which by statute or charter is relieved from giving bond, the rate on the bonds given by those fiduciaries of whom bond is required is : For one bond covering one or more bonded fiduciaries acting jointly with a nonbonded trust company : 60 per cent of the regular first and renewal premiums. For two such individual fiduciaries, each giving separate bond, 30 per cent for each. For each one of three, 25 per cent. For each one of four or more, 20 per cent. Where a fiduciary is required to file an additional bond, the following rules are the guide as to the computation of premium: 1. Where the additional bond is of the same character as the first bond given by the fiduciary to qualify for his office, and is required simply because further assets of the estate have been discovered, premium is computed on the total amount of the first bond and the additional bond. Thus, if the first bond is $100,000, and further assets of the estate are discovered requiring an additional bond of $100,000, the premium of $300 having been paid on the first bond, premium on the second will be $200, being equivalent to total premium of $500 for a total penalty of $200,000. 2. Where new bond is required for the same fiduciary in the same estate, more than a year after his first appointment and therefore when the ''two-thirds rule" applies to renewal premium on his original bond, the '* two-thirds rule" will likewise apply to the first premium on the new bond. Where new" bond is given for a new appointee succeeding the first fiduciary, the ''two-thirds rule" shall not apply to the first pre- mium on the bond of the new appointee. The new appointment and new bond constitute a new risk, for which the regular first year's pre- mium shall be charged. 3. Where a fiduciary has given general bond to qualify for his office, and an additional bond is subsequently required for the sale of real property of the estate : a. If the fiduciary's first bond given to qualify him for his office is based on the total value of the estate, both real and personal property, the premium on any additional bond required of him for the sale of any SHORT RATES. 1027 such real property of the estate (already covered by his first bond) is one-half the regular rate. b. Where the fiduciary's first bond given to qualify him for his office is based only on the value of the personal property of the estate, or includes only rents and profits of the real property, and not the value of the fee of the real property, the premium on a bond subsequently required of him for the sale of real property of the estate is computed at regular rates for such bond as a separate and distinct risk. Such bond is not entitled to the benefit of the rule for a fiduciary succeeding him- self in a different capacity, nor is it entitled to have premiums computed upon it as an addition to the fiduciary's general bond. Refunding Bonds. Bonds given by a creditor or heir or distributee or legatee to an exec- utor or administrator to secure an advance payment of his interest in an estate prior to its final settlement: Rate, $10 per M flat for term of bond — Minimum, $10. Bonds Guaj-anteeing Against Decedent's Debts. Bonds running to purchasers of real estate of a decedent sold by heirs prior to the expiration of the time for presentation of claims against an estate : Rate, $10 per M flat for term of bond — Minimum, $10. Bonds Given by Heirs of an Estate. Partial distribution of decedent's estate, under sections 1658 and 1661, California Code of Civil Procedure: Rate, $10 per M flat for term of bond — Minimum, $5. SHORT RATE TABLE. (Western Union.) • day days 1 2 3 4 5 days 6 days 7 days 8 days Per cent of Annual Premium. 2 9 days 10 10 days 10 11 days 11 12 days 12 13 days 13 14 days 13 15 days 14 16 days 14 17 days 15 18 days 16 Per cent of Annual Premium. 19 days 16 20 days 17 25 days 19 30 days 20 35 days 23 40 days 26 45 days 27 50 28 55 days 29 60 days 30 65 days 33 70 days 36 75 days 37 80 days 38 85 days 39 90 days or 3 months 40 105 days 45 120 days or 4 months 50 1028 HILLYER^S LEGAL MANUAL. Per cent of Annual Premium. 135 Gays 55 150 days or 5 months 60 165 days 65 180 days or 6 months 70 195 days 73 210 days or 7 months 75 225 days 78 240 days or 8 months 80 Per cent of Annual Premium. 255 days 83 270 days or 9 months 85 285 days 88 300 days or 10 months 90 315 days 93 330 days or 11 months 95 360 days or 12 months 100 TITLE INSURANCE RATES. Amount of Policy. Up to $1000 Up to Up to Up to Up to Up to Up to Up to Up to Up to 1500 2000 2500 3000 3500 4000 4500 5000 5500 Premium. $15.00 to 15.00 17.50 to 20.00 20.00 to 25.00 22.50 to 30.00 25.00 to 30.00 27.50 to 35.00 30.00 to 35.00 32.50 to 40.00 35.00 to 40.00 37.50 to 45.00 Amount of Policy. Up to $6000 Up to 6500 Up to 7000 Up to 7500 Up to 8000 Up to 8500 Up to 9000 Up to 9500 Up to 10000 Over 10000 Premium. $40.00 to 45.00 42.50 to 50.00 to 50.00 to 55.00 to 55.00 to 60.00 to 60.00 to 65.00 60.00 to 65.00 Special rates 45.00 47.50 50.00 52.50 55.00 57.50 RULES UNITED STATES SUPREME COURT. Rule 1. Clerk. — 1. The clerk of this court shall reside and keep office at the seat of the National government, and he shall not practice, either as attorney or counselor, in this court, or in any other court, while he shall continue to be clerk of this court. 2. The clerk shall not permit any original record or paper to be taken from the courtroom or from the office, without an order from the court, except as provided by Rule 10. Rule 2. Attorneys and Counselors. — 1. It shall be requisite to the admission of attorneys or counselors to practice in this court that they shall have been such for three years past in the Supreme Courts of the States to which they respectively belong, and that their private and pro- fessional character shall appear to be fair. 2. They shall respectively take and subscribe the following oath or affirmation, viz. : I, , do solemnly swear (or affirm) that I will demean my- self, as an attorney and counselor of this court, uprightly, and according to law ; and that I will support the Constitution of the United States. Rule 3. Practice. — This court considers the former practice of the courts of king's bench and of chancery, in England, as affording outlines for the practice of this court; and will, from time to time, make such alterations therein as circumstances may render necessary. Rule 4. Bill of Exceptions. — The judges of the Circuit and District Courts shall not allow any bill of exceptions which shall contain the UNITED STATES SUPREME COURT RULES. 1029 charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But the party except- ing shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court. Rule 5. Process. — 1. hi Name of President. — All process of this court shall be in the name of the President of the United States, and shall contain the Christian names, as well as the surnames, of the parties. 2. Against State. — "When process at common law or in equity shall issue against a State, the same shall be served on the governor, or chief executive magistrate, and Attorney General of such State. 3, In Equity. — Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the defendant sixty days before the return day of the said process ; and if the defendant, on such service of the subpoena, shall not appear at the return day, the complainant shall be at liberty to proceed ex parte. Rule 6. Motions. — 1. I^i Writing. — All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion. 2. Argument of Motion. — One hour on each side shall be allowed to the argument of a motion,- and no more, without special leave of the court, granted before the argument begins. 3. Motion to Dismiss. — ^No motion to dismiss, except on special assign- ment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party. 4. Motions to Dismiss Writs of Error and Appeals. — All motions to dismiss writs of error and appeals, except motions to docket and dismiss under Rule 9, must be submitted in the first instance on printed briefs or arguments. If the court desires further argument on that subject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of the motion, with a copy of his brief of argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting the motion, in all cases except where the counsel to be noti- fied resides west of the Rocky Mountains, in which case the notices shall be at least thirty days. Affidavits of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly postpaid, at such time as to reach him by due course of mail, the three weeks or thirty days before the time fixed by the notice, will be regarded as prima facie evidence of service on counsel who reside without the Dis- trict of Columbia. On proof of such service, the motion will be con- sidered, unless, for satisfactory reasons, further time be given by the court to either party. 5. Motion to Affirm. — There may be united, with a motion to dismiss a writ of error or an appeal, a motion to affirm on the ground that, although 1030 the record may show that this court has jurisdiction, it is manifest the writ or appeal was taken for delay only, or that the question on which the jurisdiction depends is so frivolous as not to need further argument. 6. Argurmnts on Saturday — Motion Day. — The court will not hear arguments on Saturday (unless for special cause it shall order to the contrary), but devote that day to the other business of the court. The motion day shall be Monday of each week ; and motions not required by the rules of the court to be put on the docket shall be entitled to prefer- ence immediately after the reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of a case upon the docket. Rule 7. Law Library. — 1. Order to Take Books.— DwYmg the session of the court, any gentleman of the bar having a case on the docket, and wishing to use any book or books in the law library, shall be at liberty, upon application to the clerk of the court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a reason- able time, or when required by the clerk. It shall be the duty of the clerk to keep, in a book for that purpose, a record of all books so deliv- ered, which are to be charged against the party receiving the same. And in case the same shall not be so returned, the party receiving the same shall be responsible for and forfeit, and pay twice the value thereof, and also one dollar per day for each day 's detention beyond the limited time. 2. Clerk to Deposit Record in Every Case. — The clerk shall deposit in the law library to be there carefully preserved, one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, or arguments filed therein. 3. Marshal to Take Charge of Books. — The marshal shall take charge of the books of the court, together with such of the duplicate law books as Congress may direct to be transferred to the court, and arrange them in the conference-room, which he shall have fitted up in a proper manner ; and he shall not permit such books to be taken therefrom by anyone except the justices of the court. Rule 8. Writ of Error, Return and Record. — 1. Clerk to Make Re- turn. — The clerk of the court to which any error may be directed shall make return of the same, by transmitting a true copy of the record, and of the assignment of errors, and of all proceedings in the case, under his hand and the seal of the court. 2. Clerk to Transmit Opinion. — In all cases brought to this court, by writ of error or appeal, to review any judgment or decree, the clerk of the court by which such judgment or decree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case. 3. Complete Record to he Filed. — No case will be heard until a com- plete record, containing in itself and not by reference, all the papers, UNITED STATES SUPREME COURT RULES. 1031 exhibits, depositions, and other proceedings which are necessary to the hearing in this court, shall be filed. 4. Order for Safekeeping of Original Papers. — Whenever it shall be necessary or proper, in the opinion of the presiding judge in any Circuit Court, or District Court exercising Circuit Court jurisdiction, that orig- inal papers of any kind should be inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safekeeping, transporting, and return of such original papers as to him may seem proper, and this court will receive and consider such original papers in connection with the transcript of the proceedings. 5. Return Day. — All appeals, writs of error and citations must be made returnable not exceeding thirty days from the day of signing the citation, whether the return day fall in vacation or in term time, and be served before the return day. 6. Record in Admiralty. — The record in cases of admiralty and mari- time jurisdiction, when under the requirements of law the facts have been found in the court below, and the power of review is limited to the determination of questions of law arising on the record, shall be confined to the pleadings, the findings of fact, and conclusions of law thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of the case. Rule 9. Docketing Cases. — 1. Plaintiff in Error or Appellant to Docket Case. — It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time. But, for good cause shown, the justice or judge who signed the citation, or any justice of this court, may enlarge the time, by or before its expira- tion, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee, may have the cause docketed and dis- missed upon producing a certificate whether in term time or vacation, from the clerk of the court wherein the judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court. 2. Defendant in Error or Appellee may Docket. — But the defendant in error or appellee may, at his option, docket the case and file a copy of the record with the clerk of this court ; and if the case is docketed and a copy of the record filed with the clerk of this court by the plaintiff in error or appellant within the period of time above limited and prescribed by this rule, or by the defendant in error or appellee at any time there- after, the case shall stand for argument. 3. Appearance of Counsel. — ^Upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the party docketing the case shall be entered. 1032 hillyer's legal manual. 4. Period of Rule 8 Extended When. — In all cases where the period of thirty days is mentioned in Eule 8, it shall be extended to sixty days in writs of error and appeals, from California, Oregon, Nevada, Wash- ington, New Mexico, Utah, Arizona, Montana, Wyoming, North Dakota, South Dakota, Alaska, Idaho, Hawaii and Porto Rico, and to one hun- dred and twenty days from the Philippine Islands. Rule 10. Printing Records. — 1. Undertaking for Payment of Fees. — In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall enter into an undertaking to the clerk, with surety to his satisfaction, for the payment of his fees, or otherwise satisfy him in that behalf. 2. Cost of Printing Record. — The clerk shall cause an estimate to be made of the cost of printing the record, and of his fee for preparing it for the printer and supervising the printing, and shall notify to the party docketing the case the amount of the estimate. If he shall not pay it within a reasonable time, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such pay- ment the record shall not have been printed when a case is reached in the regular call of the docket, after March 1, 1884, the case shall be dismissed. 3. Twenty-five Copies. — Upon payment by either party of the amount estimated by the clerk, twenty-five copies of the record shall be printed, under his supervision, for the use of the court and of counsel. 4. Transcript for Printer. — In cases of appellate jurisdiction the origi- nal transcript on file shall be taken by the clerk to the printer. But the clerk shall cause copies to be made for the printer of such original papers, sent up under Rule 8, section 4, as are necessary to be printed; and of the whole record in cases of original jurisdiction. 5. Printing. — The clerk shall supervise the printing, and see that the printed copy is properly indexed. He shall distribute the printed copies to the justices and the reporter, from time to time, as required, and a copy to the counsel for the respective parties. 6. Refunded and Excess. — If the actual cost of printing the record, together vnth the fee of the clerk, shall be less than the amount estimated and paid, the amount of the difference shall be refunded by the clerk to the party paying it. If the actual cost and clerk's fee shall exceed the estimate, the amount of the excess shall be paid to the clerk before the delivery of a printed copy to either party or his counsel. 7. Cost of Printing Taxed. — In case of reversal, affirmance, or dis- missal, with costs the amount of the cost of printing the record and of the clerk's fee shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process. 8. Attachment to Compel Payment of Fees. — Upon the clerk's pro- ducing satisfactory evidence, by affidavit or the acknowledgment of the parties or their sureties, of having served a copy of the bill of fees due by them, respectively, in this court, on such parties or their sureties, an UNITED STATES SUPREME COURT RULES. 1033 attachment shall issue against such parties or sureties, respectively, to compel payment of said fees. 9. Clerk to Print Designated Farts of Record Only. — The plaintiff in error or appellant may, within ninety days after filing the record in this court, file with the clerk a statement of the errors on which he intends to rely, and of the parts of the record which he thinks necessary for the consideration thereof, and forthwith serve on the adverse party a copy of such statement. The adverse party, within ninety days thereafter, may designate in writing, filed with the clerk, additional parts of the record which he thinks material; and if, he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plain- tiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, the clerk shall print those parts only, and the court will consider nothing but those parts of the record, and the errors so stated. If at a hearing it shall appear that any material part of the record has not been printed, the writ of error or appeal may be dismissed, or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper. 10. Fees Comjnited on Record as Filed. — The fees of the clerk under Rule 24, section 7, shall be computed, as at present, on the folios in the record as filed, and shall be in full for the performance of his duties in the execution hereof. Rule 11. Translations. — Whenever any record transmitted to this court upon a writ of error or appeal shall contain any document, paper, testimony, or other proceedings in a foreign language, and the record does not also contain a translation of such document, paper, testimony, or other proceeding, made under the authority of the inferior court, or admitted to be correct, the record shall not be printed ; but the case shall be reported to this court by the clerk, and the court will thereupon remand it to the inferior court, in order that a translation may be there supplied and inserted in the record. Rule 12. Further Proof. — 1. Depositions. — In all cases where fur- ther proof is ordered by the court, the depositions which may be taken shall be by a commission, to be issued from this court, or from any Circuit Court of the United States. 2. In Admiralty. — In all cases of admiralty, and maritime jurisdic- tion, where new evidence shall be admissible in this court, the evidence by testimony of witnesses shall be taken under a commission to be issued from this court, or from any Circuit Court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon interrogatories, to be filed by the party applying for the commission, and notice to the opposite party or his agent or attorney, accompanied with a copy of the interrogatories so filed, to file the cross-interrogatories within twenty days from the service of such notice: Provided, however, that nothing in this rule shall pre- 1034 hillyer's legal manual. vent any party from giving oral testimony in open court in eases where by law it is admissible. Rule 13. Objections to Evidence in the Record. — In all cases of equity or admiralty jurisdiction, he.nrd in this court, no objection shall hereafter be allowed to be taken to the admissibility of any deposition, deed, grant, or other exhibit found in the record as evidence, unless objection was taken thereto in the court below and entered of record ; but the same shall otherwise be deemed to have been admitted by consent. Rule 14. Certiorari. — No certiorari for diminution of the record will be hereafter awarded in any case, unless a motion therefor shall be made in writing, and the facts on which the same is founded shall, if not admitted by the other party, be verified by affidavit. And all motions for certiorari must be made at the first term of the entry of the case; otherwise, the same will not be granted, unless upon special cause shown to the court, accounting satisfactorily for the delay. Rule 15. Death of a Party. — 1. Appearance hy Representatives — Suggestion of Death. — "Whenever, pending a writ of error or appeal in this court, either party shall die, the proper representatives in the per- sonalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the case shall be heard and determined as in other cases; and if such representatives shall not voluntarily become par- ties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within the first ten days of the ensuing term, the party moving for such order, if defendant in error, shall be en- titled to have the writ of error or appeal dismissed ; and if the party so moving shall be plaintiff in error, he shall be entitled to open the record, and on hearing have the judgment or decree reversed, if it be erroneous; Provided, however, that a copy of every such order shall be printed in some newspaper of general circulation within the State, Territory, or District from which the case is brought, for three suc- cessive weeks, at least sixty days before the beginning of the term of the Supreme Court then next ensuing. 2. Abatement. — When the death of a party is suggested, and the representatives of the deceased do not appear by the tenth day of the second term next succeeding the suggestion, and no measures are taken by the opposite party within that time to compel their appear- ance, the cases shall abate. 3. Writ of Error or Appeal Where No Representative Within the Jurisdiction of the Court Which Rendered Final Judgment or Decree. — When either party to a suit in a Circuit Court of the United States shall desire to prosecute a writ of error or appeal to the Supreme Court of the United States, from any final judgment or decree, ren- dered in the Circuit Court, and at the time of suing out such writ of error or appeal the other party to the suit shall be dead and have no UNITED STATES SUPREME COURT RULES. 1035 proper representative within the jurisdiction of the court which ren- dered such final judgment or decree, so that the suit cannot be re- vived in that court, but shall have a proper representative in some State or Territory of the United States, the party desiring such writ of error or appeal may procure the same, and may have proceedings on such judgment or decree superseded or stayed in the same man- ner as is now allowed by law in other cases, and shall thereupon pro- ceed with such writ of error or appeal as in other cases. And within thirty days after the commencement of the term to which such writ of error or appeal is returnable, the plaintiff in error or appellant shall make a suggestion to the court, supported by affidavit, that the said party was dead when the writ of error or appeal was taken or sued out, and had no proper representative within the jurisdiction of the court which rendered said judgment or decree, so that the suit could not be revived in that court, and that said party had a proper repre- sentative in some State or Territory of the tjnited States, and stating therein the name and character of such representative, and the State or Territory in which such representative resides ; and, upon such suggestion, he may, on motion, obtain an order that, unless such rep- resentative shall make himself a party within the first ten days of the ensuing term of the court, the plaintiff in error or appellant shall be entitled to open the record, and, on hearing, have the judgment or decree reversed, if the same be erroneous: Provided, however, that a proper citation reciting the substance of such order shall be served upon such representative, either personally or by being left at his residence, at least sixty days before the beginning of the term of the Supreme Court then next ensuing: And provided, also, that in every such case if the representative of the deceased party does not appear by the tenth day of the term next succeeding said suggestion, and the measures above provided to compel the appearance of such representa- tive have not been taken within time as above required, by the oppo- site party, the case shall abate: And provided, also, that the said representative may at any time before or after said suggestion come in and be made a party to the suit, and thereupon the case shall pro- ceed, and be heard and determined as in other cases. Rule 16. No Appearance of Plaintiff.— "Where no counsel appears and no brief has been filed for the plaintiff in error or appellant, when the case is called for trial, the defendant may have the plaintiff called and the writ of error or appeal dismissed, or may open the rec- ord and pray for an affirmance. Rule 17. No Appearance of Defendant.— Where the defendant fails to appear when the case is called for trial, the court may proceed to hear an argument on the part of the plaintiff and to give judgment according to the right of the case. Rule 18. No Appearance of Either Party. — When a case is reached in the regular call of the docket, and there is no appearance for either party, the case shall be dismissed at the cost of the plaintiff. 1036 hillyer's legal manual. Hule 19. Neither Party Ready at Second Term. — When a case is called for argument at two successive terms, and upon the call at the second term neither party is prepared to argue it, it shall be dismissed at the cost of the plaintiff, unless sufficient cause is shown for further postponement. Rule 20. Printed Arguments. — 1. Filing. — In all cases brought here on writ of error, appeal, or otherwise, the court will receive printed arguments without regard to the number of the case on the docket, if the counsel on both sides shall choose to submit the same within the first ninety days of the term; and, in addition, appeals from the court of claims may be submitted by both parties within thirty days after they are docketed, but not after the first day of April ; but twenty-five copies of the arguments, signed by attorneys or counselors of this court, must be first filed. 2. Printed Argument Equivalent to Appearance. — When a case is reached in the regular call of the docket, and a printed argument shall be filed for one or both parties, the case shall stand on the same footing as if there were an appearance by counsel. 3. Must he Filed Before Oral Argument. — When a case is taken up for trial upon the regular call of the docket, and argued orally in behalf of only one of the parties, no printed argument for the opposite party will be received, unless it is filed before the oral argument begins, and the court will proceed to consider and decide the case upon the ex parte argument. 4. No Brief Received, After a Case Argued. — No brief or argument will be received, either through the clerk or otherwise, after a case has been argued or submitted, except upon leave granted in open court after notice to opposing counsel. Rule 21. Briefs. — 1. Brief for Plaintiff in Error or Appellant. — The counsel for plaintiff in error or appellant shall file with the clerk of the court, at least six days before the case is called for argument, twenty-five copies of a printed brief, one of wiiich shall, on applica- tion, be furnished to each of the counsel engaged upon the opposite side. 2. Contents. — This brief shall contain, in the order here stated — (1) Statement of the Case. — A concise abstract, or statement of the case, presenting succinctly the questions involved and the manner in which they are raised. (2) Specification of the Errors. — A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeal the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be instructions given or in- structions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it. UNITED STATES SUPREME COURT RULES. 1037 (3) Brief of the Argument. — A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. When a statute of the State is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length. 3. Brief for Defendant in Error or Appellee. — The counsel for a de- fendant in error or an appellee shall file with the clerk twenty-five printed copies of his argument, at least three days before the case is called for hearing. His brief shall be of like character with that re- quired of the plaintiff in error or appellant, except that no specifica- tion of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted, 4. When No Assignment of Errors. — When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court ; and errors not speci- fied according to this rule will be disregarded ; but the court, at its option, may notice a plain error not assigned or specified. 5. When Plaintiff in Error or Appellant is in Default. — When, accord- ing to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion ; and when a defendant in error or an appellee is in default, he will not be heard, except on consent of his adversary, and by request of the court. 6. When No Oral Argument is Made for One of the Parties. — When no oral argument is made for one of the parties, only one counsel will be heard for the adverse party. Rule 22. Oral Arguments. — 1. Opinion and Closing. — The plaintiff or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross-appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument. 2. I'wo Counsel. — Only two counsel will be heard for each party on the argument of a case. 3. Time. — Two hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side, at their discretion ; Provided, always, that a fair opening of the case shall be made by the party having the opening and closing arguments. Rule 23. Interest. — 1. Where Judgment Affirmed. — In cases where a writ of error is prosecuted to this court, and the judgment of the in- ferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State where such judgment is rendered. 2. Damages. — In all cases where a writ of error shall delay the pro- ceedings on the judgment of the inferior court, and shall appear to 1038 hillyer's legal manual. have been sued out merely for delay, damages at a rate not exceeding ]0 per cent, in addition to interest, shall be awarded upon the amount of the judgment. 3. Decrees in Equity. — The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this court. 4. In Admiralty. — In cases in admiralty, damages and interest may be allowed if specially directed by the court. Rule 24. Costs. — 1. On Dismissal for Want of Jurisdiction. — In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of jurisdiction, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties. 2. In Cases of Affirmance. — In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court. 3. In Cases of Reversal. — In cases of reversal of any judgment or de- cree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be a part of such costs, and be taxable in that court as costs in the case. 4. Where United States a Party. — Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no cost shall be allowed in this court for or against the United States. 5. Mandate. — In all cases of the dismissal of any suit in this court, it shall be the duty of the clerk to issue a mandate, or other proper process, in the nature of a procedendo, to the court below, for the pur- pose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. 6. Bill of Items. — When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail. 7. Table of Fees. — In pursuance of the act of March 3, 1883, author- izing and empowering this court to prepare a table of fees to be charged by the clerk of this court, the following table is adopted : For docketing a case and filing and indorsing the transcript, five dollars. For entering an appearance, twenty-five cents. For entering a continuance, twenty-five cents. For filing a motion, order, or other paper, twenty-five cents. For entering any rule, or for making or copying any record or other paper, twenty cents per folio of each one hundred words. For transferring each case to a subsequent docket and indexing the same, one dollar. UNITED STATES SUPREME COURT RULES. 1039 For entering a judgment or decree, one dollar. For every search of the records of the court, one dollar. For a certificate and seal, two dollars. For receiving, keeping, and paying money in pursuance of any stat- ute or order of court, two per cent on the amount so received, kept, and paid. For an admission to the bar and certificate under seal, ten dollars. For preparing the record or a transcript thereof for the printer, in- dexing the same, supervising the printing and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, fifteen cents per folio. For making a manuscript copy of the record, when required under Rule 10, twenty cents per folio, but nothing in addition for supervising the printing. For issuing a writ of error and accompanying papers, five dollars. For a mandate or other process, five dollars. For filing briefs, five dollars for each party appearing. For every copy of any opinion of the court or any justice thereof, cer- tified under seal, one dollar for every printed page, but not to exceed five dollars in the whole for any copy. Rule 25. Opinion of the Court. — 1. To he Recorded. — All opinions delivered by the court shall, immediately upon the delivery thereof, be handed to the clerk to be recorded. And it shall be the duty of the clerk to cause the same to be forthwith recorded, and to deliver a copy to the reporter as soon as the same shall be recorded. 2. Original Opinions Filed. — The original opinions of the court shall be filed with the clerk of this court for preservation. 3. Printed Opinions. — Opinions printed under the supervision of the justice delivering the same need not be copied by the clerk into a book of records ; but at the end of each term the clerk shall cause such printed opinions to be bound in a substantial manner into one or more volumes, and when so bound they shall be deemed to have been recorded witliin the meaning of this rule. Rule 26. Call and Order of the Docket. — 1. Calling Cases for Argu- ment. — The court, on the second day in each term, will commence call- ing the cases for argument in the order in which they stand on the docket, and proceed from day to day during the term in the same order (except as hereinafter provided) ; and if the parties, or either of them, shall be ready when the case is called, the same will be heard; and if neither party shall be ready to proceed in the argument, the case shall go down to the foot of the docket, unless some good and satisfactory reason to the contrary shall be show^n to the court. 2. Ten Cases Called Each Day. — Ten cases only shall be considered as liable to be called on each day during the term. But on the coming in of the court on each day the entire number of such ten cases will be called, with a view to the disposition of such of them as are not to be argfued. 1040 HILLYER^S LEGAL MANUAL. 3. Criminal Cases. — Criminal cases may be advanced by leave of the court on motion of either party. 4. Cases Orwe Adjudicated. — Cases once adjudicated by this court upon the merits, and again brought up by writ of error or appeal, may be advanced by leave of the court on motion of either party. 5. Cases in Which the United States are Concerned. — Revenue and other cases in which the United States are concerned, which also involve or affect some matter of general public interest, may also by leave of the court be advanced on motion of the Attorney General. 6. Motions to Advance. — All motions to advance cases must be printed, and must contain a brief statement of the matter involved, with the reasons for the application. 7. No Other Case Taken Up Out of the Order. — No other case will be taken up out of the order on the docket, or be set down for any par- ticular day, except under special and peculiar circumstances to be shown to the court. Every case which shall have been called in its order and passed and put at the foot of the docket shall, if not again reached during the term it was called, be continued to the next term of the court. 8. Cases Involving the Same Question. — Two or more cases, involving the same question, may, by the leave of the court, be heard together, but they must be argued as one case. 9. Reinstatement. — If, after a case has been passed under circum- stances which do not place it at the foot of the docket, the parties shall desire to have it heard, they may file with the clerk their joint request to that effect, and the case shall then be by him reinstated for call ten cases after that under argument, or next to be called at the end of the day the request is filed. If the parties will not unite in such a request, either may move or take up the case, and it shall then be assigned to such place upon the docket as the court may direct. 10. Stipidation to Pass a Case. — No stipulation to pass a case without placing it at the foot of the docket will be recognized as binding upon the court. A case can only be so passed upon application made and leave granted in open court. Rule 27. Adjournments. — The court will, at every term, announce on what day it will adjourn at least ten days before the time which shall be fixed upon, and the court will take up no case for argument, nor receive any case upon printed briefs within three days next before the day fixed upon for adjournment. Rule 28. Dismissing Cases in Vacation. — Whenever the plaintiff and defendant in a writ of error pending in this court, or the appel- lant and appellee in an appeal, shall in vacation, by their attorneys of record, sign and file with the clerk an agreement in writing direct- ing the case to be dismissed, and specifying the terms on which it is to be dismissed as to costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter the case dismissed, and to give to either party requesting it a copy of the UNITED STATES SUPREME COURT RULES. 1041 agreement filed, but no mandate or other process shall issue without an order of the court. Rule 29. Supersedeas. — Supersedeas bonds in the Circuit Courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect, and answer all damages and costs if he failed to make his plea good. Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal; but in all suits where the property in contro- versy necessarily follows the event of the suit, as in real actions, re- plevin, and in suits on mortgages, or where the property is in the cus- tody of the marshal under admiralty process, as in case of capture or seizure, or where the proceeds thereof, or a bond for the value thereof,. is in the custody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the suit, and just damages for delay, and costs and interest on the appeal. Rule 30. Rehearing. — A petition for rehearing after judgment can be presented only at the term at which judgment is entered, unless by special leave granted during the term ; and must be printed and briefly and distinctly state its grounds, and be supported by certifi- cate of counsel; and will not be granted, or permitted to be argued, unless a justice who concurred in the judgment desires it, and a majority of the court so determines. Rule 31. Form of Printed Records and Briefs. — All records, argu- ments, and briefs, printed for the use of the court, must be in such form and size that they can be conveniently bound together, so as to make an ordinary octavo volume ; and, as well as all quotations con- tained therein, and the covers thereof, must be printed in clear type (never smaller than small pica) and on unglazed paper. Rule 32. Writs of Error and Appeals Under the Act of February 25, 1889, Chapter 236, or Under Section 5 of the Act of March 3, 1891, Chapter 517. — Cases brought to this court by writ of error or appeal, under the act of February 25, 1889, chapter 236, or under section 5 of the act of March 3, 1891, chapter 517, where the only question in issue is the question of the jurisdiction of the court below, will be advanced on motion, and heard under the rules prescribed by rule 6, in regard to motions to dismiss writ of error and appeals. Rule 33. Models, Diagrams, and Exhibits of Materials. — 1. Cus- tody of Marshal. — Models, diagrams, and exhibits of material forming part of the evidence taken in the court below, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the marshal of this court at least one month before the case is heard or submitted. 2. Must he Taken Away Within Ovc Month. — All models, diagrams and exhibits of material, placed in the custody of the marshal for the 66 1042 inspection of the court on the hearing of a case, must be taken away by the parties within one month after the case is decided. When this is not done, it shall be the duty of the marshal to notify the coun- sel in the case by mail or otherwise, of the requirements of this rule ; and if the articles are not removed within a reasonable time after the notice is given, he shall destroy them, or make such other dispo- sition of them as to him may seem best. Rule 34. Custody of Prisoners on Habeas Corpus. — 1. From Deci- sion Declining to Grant the Writ of Habeas Corpus. — Pending an appeal from the final decision of any court or judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not be disturbed. 2. From Decision Discharging the Writ. — Pending an appeal from the final decision of any court or judge discharging the writ after it has been issued, the prisoner shall be remanded to the custody from which he was taken by the writ, or shall, for good cause shown, be detained in custody of the court or judge, or be enlarged upon recognizance as hereinafter provided. 3. From Decision Discharging the Prisoner. — Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be enlarged upon recognizance, with surety, for the appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought to be required. Rule 35. Assignment of Errors. — 1. Plaintiff in Error or Appellant to File. — Where an appeal or a writ of error is taken from a District Court or a Circuit Court direct to this court, under section 5 of the act entitled **An act to establish Circuit Courts of Appeals and to define and regulate in certain eases the jurisdiction of the courts of the United States, and for other purpovses," approved March 3, 1891, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularity each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. When this is not done counsel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disre- garded, but the court, at its option, may notice a plain error not assigned. 2. Record to be Printed. — The plaintiff in error or appellant shall cause the record to be printed, according to the provisions of Sections 2, 3, 4, 5, 6, and 9, of Rule 10. Rule 36. Appeals and Writs of Error. — 1. When Allowed — Super- sedeas. — An appeal or a writ of error from a Circuit Court or a District UNITED STATES SUPREME COURT RULES. 1043 Court direct to this court, in the cases provided for in sections 5 and 6 of the act entitled "An act to establish Circuit Courts of Appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March 3, 1891, may be allowed, in term time or in vacation, by any justice of this court, or by any circuit judge within his circuit, or by any district judge within his district, and the proper security be taken and the citation signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal. 2. In Criminal Case — Bail. — Where such writ of error is allowed in the case of a conviction of an infamous crime, or in any other criminal case in which it will lie under said sections 5 and 6, the Circuit Court or District Court or any justice or judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed. Rule 37. Cases from Circuit Court of Appeals. — 1. Statement of Facts. — Where, under section 6 of the said act, a Circuit Court of Ap- peals shall certify to this court a question or proposition of law, concern- ing which it desires the instruction of this court for its proper decision, the certificate shall contain a proper statement of the facts on which such question or proposition of law arises. 2. Certified Copy of Record. — If application is thereupon made to this court that the whole record and cause may be sent up to it for its con- sideration, the party making such application shall, as a part thereof, furnish this court with a certified copy of the whole of said record. 3. Application to Require a Case to he Certified. — Where application is made to this court under section 6 of the said act to require a case to be certified to it for its review and determination a certified copy of the entire record of the case in the Circuit Court of Appeals shall be fur- nished to this court by the applicant, as part of the application. Rule 38. Interest, Costs and Fees. — The provisions of Rules 23 and 24 of this court, in regard to interest and costs and fees, shall apply to writs of error and appeals and reviews under the provisions of sections 5 and 6 of the said act. Rule 39. Mandates. — Mandates shall issue as of course after the ex- piration of thirty days from the day the judgment or decree is entered, unless the time is enlarged by order of the court, or of a justice thereof when the court is not in session, but during the term. RULES OF PRACTICE FOR UNITED STATES COURTS OF EQUITY. Rule 1. District Court Always Open for Certain Purposes — Orders at Chambers. — The District Courts, as courts of equity, shall be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all 1044 hillyer's legal manual. interlocutory motions, orders, rules and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein. Any District Judge may, upon reasonable notice to the parties, make, direct, and award, at Chambers or in the Clerk's office, and in vaca- tion as well as in term, all such process, commissions, orders, rules and other proceedings, whenever the s-ame are not grantable of course, ac- cording to the rules and practice of the court. Rule 2. Clerk's Office Always Open, Except, etc.— The Clerk's office shall be open during business hours on all days, except Sundays and legal holidays, and the Clerk shall be in attendance for the pur- pose of receiving and disposing of all motions, rules, orders and other proceedings which are grantable of course. Rule 3. Books Kept by Clerk and Entries Therein.— The Clerk shall keep a book known as "Equity Docket," in which he shall enter each suit, with a file number corresponding to the folio in the book. All papers and orders filed with the Clerk in the suit, all process issued and returns made thereon, and all appearances shall be noted briefly and chronologically in this book on the folio assigned to the suit and shall be marked with its file number. The Clerk shall also keep a book entitled ''Order Book," in which shall be entered at length, in the order of their making, all orders made or passed by him as of course and also all orders made or passed by the Judge in Chambers. He shall also keep an "Equity Journal," in which shall be entered all orders, decrees and proceedings of the court in equity causes in term time. Separate and suitable indices of the Equity Docket, Order Book and Equity Journal shall be kept by the Clerk under the direction of the court. Rule 4. Notice of Orders. — Neither the noting of an order in the Equity Docket nor its entry in the Order Book shall of itself be deemed notice to the parties or their solicitors ; and when an order is made without prior notice to, and in the absence of, a party, the Clerk, unless otherwise directed by the court or Judge, shall forthwith send a copy thereof, by mail, to such party or his solicitor and a note of such mail- ing shall be made in the Equity Docket, which shall be taken as suffi- cient proof of due notice of the order. Rule 5. Motions Grantable of Course by Clerk. — All motions and applications in the Clerk's office for the issuing of mesne process or final process to enforce and execute decrees; for taking bills pro con- fesso; and for other proceedings in the Clerk's office which do not require any allowance or order of the court or of a Judge, shall be deemed motions and applications grantable of course by the Clerk; but the same may be suspended, or altered, or rescinded by the Judge upon special cause shown. Rule 6. Motion Day. — Each District Court shall establish regular times and places, not less than once each month, when motions requir- UNITED STATES SUPREME COURT EQUITY RULES. 1045 ing notice and hearing may be made and disposed of; but the Judge may at any time and place, and on such notice, if any, as he may con- sider reasonable, make and direct all interlocutory orders, rulings and proceedings for the advancement, conduct and hearing of causes. If the public interest permits, the senior Circuit Judge of the circuit may dispense with the motion day during not to exceed two months in the year in any district. Rule 7. Process, Mesne and Final. — The process of subpoena shall constitute the proper mesne process in all suits of equity, in the first instance, to require the defendant to appear and answer the bill; and, unless otherwise provided in these rules or specially ordered by the court, a writ of attachment and, if the defendant cannot be found, a writ of sequestration, or a writ of assistance to enforce a delivery of possession, as the case may require, shall be the proper process to issue for the purpose of compelling obedience to any interlocutory or final order or decree of the court. Rule 8. Enforcement of Final Decrees. — Final process to execute any decree may, if the decree be solely for the payment of money, be by a writ of execution, in the form used in the District Court in suits at common law in actions of assumpsit. If the decree be for the per- formance of any specific act, as, for example, for the execution of a conveyance of land or the delivering up of deeds or other documents, the decree shall, in all cases, prescribe the time within which the act shall be done, of which the defendant shall be bound, without further service, to take notice ; and upon affidavit of the plaintiff, filed in the Clerk's office, that the same has not been complied with within the prescribed time, the Clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be dis- charged, unless upon a full compliance with the decree and the pay- ment of all costs, or upon a special order of the court, or a Judge thereof, upon motion and affidavit, enlarging the time for the perform- ance thereof. If the delinquent party cannot be found a writ of sequestration shall issue against his estate, upon the return of 7ion est inveiitusy to compel obedience to the decree. If a mandatory order, injunction or decree for the specific performance of any act or con- tract be not complied with, the court or a Judge, besides, or instead of, proceedings against the disobedient party for a contempt or by sequestration, may by order direct that the act required to be done, be done, so far as practicable, by some other person appointed by the court or Judge, at the cost of the disobedient party, and the act, when so done, shall have like effect as if done by him. Rule 9. Writ of Assistance. — When any decree or order is for the delivery of possession, upon proof made by affidavit of a demand and refusal to obey the decree or order, the party prosecuting the same shall be entitled to a writ of assistance from the Clerk of the court. Rule 10. Decree for Deficiency in Foreclosures, etc. — In suits for the foreclosure of mortgages, or the enforcement of other liens, a de- 1046 HILLYER^S LEGAL MANUAL. cree may be rendered for any balance that may be found due to the plaintiff over and above the proceeds of the sale or sales, and execution may issue for the collection of the same, as is provided in Rule 8 when the decree is solely for the payment of money. Rule 11.' Process in Behalf of and Against Persons not Parties. — 'Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, may enforce obedience to such order by the same process as if he were a party; and every person, not being a party, against whom obedience to any order of the court may be enforced, shall be liable to the same pro- cess for enforcing obedience to such orders as if he were a party. Rule 12. Issue of Subpoena — Time for Answer. — Whenever a bill is filed, and not before, the Clerk shall issue the process of subpoena thereon, as, of course, upon the application of tJie plaintiff, which shall contain the names of the parties and be returnable into the Clerk's office twenty days from the issuing thereof. At the bottom of the subpoena shall be placed a memorandum, that the defendant is re- quired to file his answer or other defense in the Clerk's office on or before the twentieth day after service, excluding the day thereof; otherwise the bill may be taken pro confesso. Where there are more than one defendant, a writ of subpoena may, at the election of the plaintiff, be sued out separately for each defendant, or a joint sub- poena against all the defendants. Rule 13. Manner of Serving Subpoena. — The service of all sub- poenas shall be by delivering a copy thereof to the defendant per- sonally, or by leaving a copy thereof at the dwelling-house or usual place of abode of each defendant, with some adult person who is a member of or resident in the family. Rule 14. Alias Subpoena. — ^Whenever any subpoena shall be re- turned not executed as to any defendant, the plaintiff shall be entitled to other subpoenas against such defendant, until due service is made. Rule 15. Process, by Whom Served. — The service of all process, mesne and final, shall be by the marshal of the district, or his deputy, or by some other person especially appointed by the court or Judge for that purpose, and not otherwise. In the latter case, the person serving the process shall make affidavit thereof. Rule 16. Defendant to Answer — Default — Decree Pro Confesso. — It shall be the duty of the defendant, unless the time shall be enlarged, for cause shown, by a Judge of the court, to file his answer or other defense to the bill in the Clerk's office within the time named in the subpoena as required by Rule 12. In default thereof the plaintiff may, at his election, take an order as of course that the bill be taken pro confesso; and thereupon the cause shall be proceeded in ex parte. Rule 17. Decree Pro Confesso to be Followed by Final Decree — Setting Aside Default. — When the bill is taken pro confesso the court may proceed to a final decree at any time after the expiration of thirty UNITED STATES SUPREME COURT — EQUITY RULES. 1047 days after the entry of the order pro confesso, and such decree shall be deemed absolute, unless the court shall, at the same term, set aside the same, or enlarge the time for filing the answer, upon cause shown upon motion and affidavit. No such motion shall be granted, unless upon the payment of the costs of the plaintiff up to that time, or such part thereof as the court shall deem reasonable, and unless the de- fendant shall undertake to file his answer within such time as the court shall direct, and submit to such other terms as the court shall direct, for the purpose of speeding the cause. Rule 18. Pleadings — Technical Forms Abrogated. — Unless other- wise prescribed by statute or these rules the technical forms of plead- ings in equity are abolished. Rule 19. Amendments Generally. — The court may, at any time, in furtherance of justice, upon such terms as may be just, permit any process, proceeding, pleading or record to be amended, or material supplemental matter to be set forth in an amended or supplemental pleading. The court, at every stage of the proceeding, must disregard any error or defect in the proceeding which does not affect the sub- stantial rights of the parties. Rule 20. Further and Particular Statement in Pleading may be Required. — A further and better statement of the nature of the claim or defense, or further and better particulars of any matter stated in any pleading, may in any case be ordered, upon such terms, as to costs and otherwise, as may be just. Rule 21. Scandal and Impertinence. — The right to except to bills, answers, and other proceedings for scandal or impertinence shall not obtain, but the court may, upon motion or its own initiative, order any redundant, impertinent or scandalous matter stricken out, upon such terms as the court shall think fit. Rule 22. Action at Law Erroneously Begun as Suit in Equity — Transfer. — If at any time it appear that a suit commenced in equity should have been brought as an action on the law side of the court, it shall be forthwith transferred to the law side and be there proceeded with, with only such alteration in the pleadings as shall be essential. Rule 23. Matters Ordinarily Determinable at Law, When Arising in Suit in Equity to be Disposed of Therein. — If in a suit in equity a matter ordinarily determinable at law arises, such matter shall be determined in that suit according to the principles applicable, with- out sending the case or question to the law side of the court. Rule 24. Signature of Counsel. — Every bill or other pleading shall be signed individually by one or more solicitors of record, and such signatures shall be considered as a certificate by each solicitor that he has read the pleading so signed by him ; that upon the instructions laid before him regarding the case there is good ground for the same ; that no scandalous matter is inserted in the pleading; and that it is not interposed for delay. 1048 hillyer's legal manual. Rule 25. Bill of Complaint— Contents.— Hereafter it shall be suffi- cient that a bill in equity shall contain, in addition to the usual caption : First, the full name, when known, of each plaintiff and defendant, and the citizenship and residence of each party. If any party be under any disability that fact shall be stated. Second, a short and plain statement of the grounds upon which the court's jurisdiction depends. Third, a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evi- dence. Fourth, if there are persons other than those named as defendants who appear to be proper parties, the bill should state why they are not made parties — as that they are not within the jurisdiction of the court, or cannot be made parties without ousting the jurisdiction. Fifth, a statement of and prayer for any special relief pending the suit or final hearing, which may be stated and sought in alternative forms. If special relief pending the suit be desired the bill should be verified by the oath of the plaintiff, or someone having knowledge of the facts upon which such relief is asked. Rule 26. Joinder of Causes of Action. — The plaintiff may join in one bill as many causes of action, cognizable in equity, as he may have against the defendant. But when there is more than one plaintiff, the causes of action joined must be joint, and if there be more than one defendant the liability must be one asserted against all of the material defendants, or sufficient grounds must appear for uniting the causes of action in order to promote the convenient administration of justice. If it appear that any such causes of action cannot be conveniently disposed of together, the court may order separate trials. Rule 27. Stockholder's Bill. — Every bill brought by one or more stockholders in a corporation against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plain- tiff was a shareholder at the time of the transaction of which he com- plains, or that his share had devolved on him since by operation of law, and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action, or the reason for not making such effort. Rule 28. Amendment of Bill as of Course. — The plaintiff may, as of course, amend his bill before the defendant has responded thereto, but if such amendment be filed after any copy has issued from the Clerk 's office, the plaintiff at his own cost shall furnish to the solicitor of record of each opposing party, a copy of the bill as amended, unless otherwise ordered by the court or judge. UNITED STATES SUPREME COURT — EQUITY RULES. 1049 After pleading filed by any defendant, plaintiff may amend only by consent of the defendant or leave of the court or Judge. Rule 29. Defenses — How Presented. — Demurrers and pleas are abolished. Every defense in point of law arising upon the face of the bill, whether for misjoinder, nonjoinder, or insufficiency of fact to constitute a valid cause of action in equity, which might heretofore have been made by demurrer or plea, shall be made by motion to dis- miss or in the answer; and every such point of law going to the whole or a material part of the cause or causes of action stated in the bill may be called up and disposed of before final hearing at the discretion of the court. Every defense heretofore presentable by plea in bar or abatement shall be made in the answer and may be separately heard and disposed of before the trial of the principal case in the discretion of the court. If the defendant move to dismiss the bill or any part thereof, the motion may be set down for hearing by either party upon five days' notice, and, if it be denied, answer shall be filed within five days thereafter or a decree pro confesso entered. Rule 30. Answer — Contents — Counterclaim. — The defendant in his answer shall in short and simple terms set out his defense to each claim asserted by the bill, omitting any mere statement of evidence and avoiding any general denial of the averments of the bill, but specifically admitting or denying or explaining the facts upon which the plaintiff relies, unless the defendant is without knowledge, in which case he shall so state, such statement operating as a denial. Averments other than those of value or amount of damage, if not denied, shall be deemed confessed, except as against an infant, lunatic or other person no7i coynpos and not under guardianship. The answer may be amended, by leave of the court or Judge, upon reasonable notice, so as to put any averment in issue, when justice requires it. The answer may state as many defenses, in the alternative, regard- less of consistency, as the defendant deems essential to his defense. The answer must state in short and simple form any counterclaim arising out of the transaction which is the subject matter of the suit, and may, without cross-bill, set out any setoff or counterclaim against the plaintiff which might be the subject of an independent suit in equity against him, and such setoff or counterclaim, so set up, shall have the same effect as a cross-suit, so as to enable the court to pro- nounce a final judgment in the same suit both on the original and cross-claims. Rule 31. Reply — When Required — When Cause at Issue. — Unless the answer assert a setoff or counterclaim, no reply shall be required without special order of the court or Judge, but the cause shall be deemed at issue upon the filing of the answer, and any new or affirma- tive matter therein shall be deemed to be denied by the plaintiff. If the answer include a setoff or counterclaim, the party against whom it is asserted shall reply within ten days after the filing of the answer, unless a lonojer time be allowed bv the court or Judge. If the counter- 1050 HILLYER^S LEGAL MANUAL. claim is one which affects the rights of other defendants they or their solicitors shall be served with a copy of the same within ten days from the filing thereof, and ten days shall be accorded to such defendants for filing a reply. In default of a reply, a decree p^'o confesso on the counterclaim may be entered as in default of an answer to the bill. Rule 32. Answer to Amended Bill. — In every case where an amend- ment to the bill shall be made after answer filed, the defendant shall put in a new or supplemental answer within ten days after that on which the amendment or amended bill is filed, unless the time is en- larged or otherwise ordered by a Judge of the court; and upon his default, the like proceedings may be had as a case of an omission to put in an answer. Rule 33. Testing SuiRciency of Defense. — Exceptions for insuffi- ciency of an answer are abolished. But if an answer set up an affirma- tive defense, setoff or counterclaim, the plaintiff may, upon five days' notice, or such further time as the court may allow, test the sufficiency of the same by motion to strike out. If found insufficient but amend- able tlie court may allow an amendment upon terms, or strike out the matter. Rule 34. Supplemental Pleading. — ^Upon application of either party, the court or Judge may, upon reasonable notice and such terms as are just, permit him to file and serve a supplemental pleading, alleg- ing material facts occurring after his former pleading, or of which he was ignorant when it was made, including the judgment or decree of a competent court rendered after the commencement of the suit determining the matters in controversy or a part thereof. Rule 35. Bills of Revivor and Supplemental Bills — Form. — It shall not be necessary in any bill of revivor or supplemental bill to set forth any of the statements in the original suit, unless the special circumstances of the case may require it. Rule 36. Officers Before Whom Pleadings Verified. — Every plead- ing which is required to be sworn to by statute, or these rules, may be verified before any Justice or Judge of any court of the United States, or of any State or Territory, or of the District of Columbia, or any Clerk of any court of the United States, or of any Territory, or of the District of Columbia, or any notary public. Rule 37. Parties Generally — Intervention. — Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute, may sue in his own name without joining with him the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs, and any person may be made a defendant who has or claims an in- terest adverse to the plaintiff. Any person may at any time be made a party if his presence is necessary or proper to a complete determina- UNITED STATES SUPREME COURT — ^EQUITY RULES. 1051 tion of the cause. Persons having a united interest must be joined on the same side as plaintiffs or defendants, but when anyone refuses to join, he may for such reason be made a defendant. Anyone claiming an interest in the litigation may at any time be permitted to assert his right by intervention, but the intervention shall be in subordination to, and in recognition of, the property of the main proceeding. Rule 38. Representatives of Class. — When the question is one of common or general interest to many persons constituting a class so numerous as to make it impracticable to bring them all before the court, one or more may sue or defend for the whole. Rule 39. Absence of Persons Who Would be Proper Parties. — In all cases where it shall appear to the court that persons, who might other- wise be deemed proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the court, or in- capable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in its discretion, proceed in the cause without making such persons parties; and in such cases the decree shall be without prejudice to the rights of the absent parties. Rule 40. Nominal Parties. — Where no account, payment, convey- ance, or other direct relief is sought against a party to a suit, not being an infant, the party, upon service of the subpoena upon him, need not appear and answer the bill, unless the plaintiff specially requires him to do so by the prayer ; but he may appear and answer at his option ; and if he does not appear and answer he shall be bound by all the pro- ceedings in the cause. If the plaintiff shall require him to appear and answer he shall be entitled to the costs of all the proceedings against him, unless the court shall otherwise direct. Rule 41. Suit to Execute Trusts of Will — Heir as Party. — In suits to execute the trusts of a will, it shall not be necessary to make the heir at law a party; but the plaintiff shall be at liberty to make the heir at law a party where he desires to have the will established against him. Rule 42. Joint and Several Demands. — In all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the court as parties to a suit concerning such demand all the persons liable thereto; but the plaintiff may proceed against one or more of the persons severally liable. Rule 43. Defect of Parties — Resisting Objection. — Where the de- fendant shall by his answer suggest that the bill of complaint is de- fective for want of parties, the plaintiff may, within fourteen days after answer filed, set down the cause for argument as a motion upon that objection only; and where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not at the 1052 hillyer's legal manual. hearing: of the cause, if the defendant's objection shall then be al- lowed, be entitled as of course to an order to amend his bill by adding parties; but the court shall be at liberty to dismiss the bill, or to allow an amendment on such terms as justice may require. Rule 44. Defect of Parties— Tardy Objection.— If a'^efendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by motion or answer taken the objection and therein specified by name or description the parties to whom the objec- tion applies, the court shall be at liberty to make a decree saving the rights of the absent parties. Rule 45. Death of Party— Revivor. — In the event of the death of either party the court may, in a proper case, upon motion, order the suit to be revived by the substitution of the proper parties. If the successors or representatives of the deceased party fail to make such application within a reasonable time, then any other party may, on motion, apply for such relief, and the court, upon any such motion may make the necessary orders for notice to the parties to be sub- stituted and for the filing of such pleadings or amendments as may be necessary. Rule 46. Trial — Testimony Usually Taken in Open Court — Rulings on Objections to Evidence. — In all trials in equit}^ the testimony of witnesses shall be taken orally in open court, except as otherwise pro- vided by statute or these rules. The court shall pass upon the ad- missibility of all evidence offered as in actions at law. When evidence is offered and excluded, and the party against whom the ruling is made excepts thereto at the time, the court shall take and report so much thereof, or make such a statement respecting it, as will clearly show the character of the evidence, the form in which it was offered, the objection made, the ruling, and the exception. If the appellate court shall be of opinion that the evidence should have been admitted, it shall not reverse the decree unless it be clearly of opinion that ma- terial prejudice will result from an affirmance, in which event it shall direct such further steps as justice may require. Rule 47. Depositions — To be Taken in Exceptional Instances.— The court, upon application of either party, when allowed by statute, or for good and exceptional cause for departing from the general rule, to be shown by affidavit, may permit the deposition of named wit- nesses, to be used before the court or upon a reference to a master, to be taken before an examiner or other named officer, upon the notice and terms specified in the order. All depositions taken under a stat- ute, or under any such order of the court, shall be taken and filed as follows, unless otherwise ordered by the court or Judge for good cause shown: Those of the plaintiff within sixty days from the time the cause is at issue ; those of the defendant within thirty days from the expiration of the time for the filing of plaintiff's depositions; and rebutting depositions by either party within twenty days after the time for taking original depositions expires. UNITED STxVTES SUPREME COURT EQUITY RULES. 1053 Rule 48. Testimony of Expert Witnesses in Patent and Trade- mark Cases. — In a ease involving the validity or scope of a patent or trademark, the District Court may, upon petition, order that the testimony in chief of expert witnesses, whose testimony is directed to matters of opinion, be set forth in affidavits and filed as follows: Those of the plaintiff within forty days after the cause is at issue; those of the defendant within twenty days after plaintiff's time has expired; and rebutting affidavits within fifteen days after the expira- tion of the time for filing original affidavits. Should the opposite party desire the production of any affiant for cross-examination, th,e court or Judge shall, on motion, direct that said cross-examination and any re-examination take place before the court upon the trial, and unless the affiant is produced and submits to cross-examination in com- pliance with sue granted, unless upon special cause shown to the court, accounting satisfactorily for the delay. Rule 19. Death of a Party. — 1. Whenever, pending a writ of error or appeal in this court, either party shall die, the proper representa- tives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted par- ties to the suit, and thereupon the case shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within sixty days, the party mov- ing for such order, if defendant in error, shall be entitled to have the writ of error on appeal dismissed, and if the party so moving shall be plaintiff in error, he shall be entitled to open the record, and on hear- ing, have the judgment or decree reversed, i£ it bo erroneous: Provided, however, that a copy of every such order shall be personally served on said representatives at least thirty days before the expiration of such sixty days. *See, also, Rule 16. RULES — UNITED STATES CIRCUIT COURT OF APPEALS. 1089 2. When the death of a party is suggested, and the representatives of the deceased do not appear within ten days after the expiration of such sixty days, and no measures are taken by the opposite party within that time to compel their appearance, the case shall abate. 3. When either party to a suit in a District Court of the United States shall desire to prosecute a writ of error or appeal to this court, from any final judgment or decree rendered in the District Court, and at the time of suing out such writ of error or appeal, the o,ther party to the suit shall be dead and have no proper representative within the jurisdiction of the court which rendered such final judgment or decree, so that the suit cannot be revived in that court, but shall have a proper representative in some State or Territory of the United States, or in the District of Columbia, the party desiring such writ of error or appeal may procure the same, and may have proceedings on such judg- ment or decree superseded or stayed in the same manner as is now allowed by law in other cases, and shall thereupon proceed with such writ of error or appeal as in other cases. And within thirty days after the filing of the record in this court the plaintiff in error or ap- pellant shall make a suggestion to the court, supported by affidavit, that the said party was dead when the writ of error or appeal was taken or sued out, and had no proper representative within the juris- diction of the court which rendered such judgment or decree, so that the suit could not be revived in that court, and that said party had a proper representative in some State or Territory of the United States, or in the District of Columbia, and stating therein the name and char- acter of such representative, and the State or Territory or District in which such representative resides; and upon such suggestion, he may on motion obtain an order that, unless such representative shall make himself a party within ninety days, the plaintiff in error or appellant shall be entitled to open the record, and, on hearing, have the judg- ment or decree reversed if the same be erroneous: Provided, however , that a proper citation reciting the substance of such order shall be served upon such representative, either personally or by being left at his residence, at least thirty days before the expiration of such ninety days : Frovided, also, that in every such case, if the representa- tive of the deceased party does not appear within ten days after the expiration of such ninety days, and the measures above provided to compel the appearance of such representative have not been taken within the time as above required, by the opposite party, the case shall abate: And provided, also, that the said representative may at any time before or after said suggestion come in and be made a party to the suit, and thereupon the case shall proceed, and be heard and deter- mined as in other cases. Rule 20. Dismissing Cases by Agreement. — Whenever the plaintiff and defendant in a writ of error pending in this court, or the appellant and appellee in an appeal, shall by their attorneys of record, sign and file with the clerk an agreement in writing directing the case to be 69 1090 hillyer's legal manual. dismissed, and specifying the terms on which it is to be dismissed, as to costs, and shall pay to the Clerk any fees that may be due to him, it shall be the duty of the Clerk to enter the case dismissed, and to give to either party requesting it a copy of the agreement filed; but no mandate or other process shall issue without an order of the court. Rule 21. Motions. — 1. All motions to the court shall be reduced to writing,* shall contain a brief statement of the facts and objects of the motion and shall be served upon opposing counsel at least five days before the day noticed for the hearing. 2. One-half hour on each side shall be allowed to the argument of a motion, and no more, without special leave of the court, granted before the argument begins. 3. No motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice as above has been given to the adverse party, or the counsel or attorney of such party. Rule 22. Parties not Ready. — 1. Where no counsel appears, and no brief has been filed for the plaintiff in erroi* or appellant, when the case is called for trial, the defendant may have the plaintiff called and the writ of error or appeal dismissed. 2. When the defendant fails to appear when the case is called for trial, the court may proceed to hear an argument on the part of the plaintiff, and to give judgment according to the right of the case. 3. Where a case is reached in the regular call of the docket, and there is no appearance for either party, the case shall be dismissed at the cost of the plaintiff in error or appellant. Rule 23. Printing Records. — 1. All records shall be printed under the supervision of the Clerk, and upon the docketing of the cause, he shall cause an estimate to be made of the expense of printing the record, and his fee for preparing it for the printer and supervising the printing, and shall notify the party docketing the case of the amount of the estimate. If the amount so estimated is not promptly paid over to the Clerk, and for want of such payment the record shall not have been printed when a case is reached for argument, the case shall be dismissed. 2. Upon payment of the amount estimated by the Clerk, thirty copies of the record shall be printed, under his supervision, for the use of the court and of counsel. 3. In cases of appellate jurisdiction the original transcript on file shall be taken by the Clerk to the printer. But the Clerk shall cause copies to be made for the printer of such original papers sent up under Rule 14, Section 4, as are necessary to be printed ; and the whole of the record in cases of original jurisdiction. 4. In all cases, including cases in which the record may have been printed under the Act of Congress approved February 13, 1911, or otherwise, the Clerk of this Court shall index the printed record, and *When typewritten, an original and three copies must be filed. RULES — UNITED STATES CIRCUIT COURT OF APPEALS. 1091 distribute the printed copies to the Judges and the reporter, and one or more printed copies to the counsel for the respective parties. 5. If the expense of printing and supervision shall be less than the amount estimated and paid, the Clerk shall refund the difference to the party paying same. If the expense is greater than the estimate the amount of such excess shall be paid to the Clerk before he shall file the printed record or deliver copies to the parties or their counsel. 6. In case of reversal, affirmance or dismissal, with costs, the amount paid for printing the record and of the Clerk's fee shall be taxed against the party against whom costs are given. 7. The plaintiff in error or appellant may, upon filing the record in this court, file with the Clerk a statement of the errors on which he intends to rely, and of the parts of the record which he thinks neces- sary for the consideration thereof, and forthwith serve on the adverse party a copy of such statement. The adverse party, within ten days thereafter, may designate, in writing, filed with the Clerk, additional parts of the record which he thinks material ; and, if he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plaintiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, or if such parts be dis- tinctly designated by stipulation of counsel for the respective parties, the Clerk shall print those parts only; arid the court will consider nothing but those parts of the record, and the errors so stated. If at the hearing it shall appear that any material part of the record has not been printed, the writ of error or appeal may be dismissed, or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused un- necessary parts of the record to be printed such order as to costs may be made as the court shall think proper. All statements and stipulations filed hereunder shall distinctly and accurately refer to the pages of the original certified record as well as the documents to be printed or omitted. 8. At the time of filing the record and docketing the cause coun- sel for the plaintiff in error or appellant in patent cases may furnish the Clerk with the copies of patent office drawings and specifications to be used as inserts, and the same, if in proper form and of conven- ient size, shall be used in printing the record. 9. In all cases, including cases in which the record may have been printed under the Act of Congress approved February 13, 1911, or otherwise, the fee of the Clerk of this court for performing the ser- vices herein required shall be twenty-five cents for each printed page of the record and index, as provided by law. Rule 24.* Briefs.— 1. The counsel for the plaintiff in error or appel- lant shall file with the Clerk of this court twenty copies of a printed *NoTE. — Briefs signed by counsel who are not members of the bar of this court or fully qualified under the provisions of Rule 7, will not be considered by the court. See, also, subd. 2 of Rule 26. 1092 hillyer's legal manual. brief, and serve upon counsel for the defendant in error or the ap- pellee one copy thereof, at least ten days before the case is called for argument. 2. This brief shall contain, in order here stated — (a) A concise abstract, or statement of the case; presenting suc- cinctly the questions involved, in the manner in which they are raised. (b) A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeal the specifications shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification shall set out the part referred to iotidem verbis, whether it be in instruc- tions given or in instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it. (c) A brief of the argument, exhibiting a clear statement of the pomts of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. When a statute of a state is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length. 3. The counsel for a defendant in error or an appellee shall file with the Clerk twenty printed copies of his brief and serve upon counsel for plaintiff in error or appellant one copy thereof, at least three days before the case is called for hearing. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of error shall be required, and no state- ment of the case, unless that presented by the plaintiff in error or appellant is controverted. 4. When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the re- quest of the court; and errors not specified according to this rule will Ye disregarded; but the court, at its option, may notice a plain error not assigned or specified. 5. When according to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion; and when a de- fendant in error or an appellee is in default he will not be heard, except on consent of his adversary and by request of the court. 6. When no counsel appears for one of the parties, and no printed brief or argument is filed, only one counsel will be heard for the ad- verse party but if a printed brief or argument is filed, the adverse party will be entitled to be heard by two counsel. Rule 25 * Oral Arguments. — 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of *See, also, Eules 35 and 36. RULES — UNITED STATES CIRCUIT COURT OF APPEALS. « 1093 the case. But when there are cross-appeals they shall be argued together as one case, and the plaintiff in the court below shall be en- titled to open and conclude the argument. 2. Only two counsel will be heard for each party on the argument of a case. 3. One hour on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the coun- sel on the same side at their discretion ; provided, always, that a fair opening of the case shall be made by the party having the opening and closing arguments. ^ Rule 26. Form of Printed Records, Arguments, Briefs, and Peti- tions for Rehearing. — 1. All records printed for the use of the court must be printed on unruled white writing paper, nine and one-quarter inches long and six and one-quarter inches wide. The printed page, exclusive of any marginal note, reference or running head, must be seven inches long and four inches wide, excepting in patent cases where counsel fnrnish to the clerk at the time of docketing the cause patent office drawings and specifications for insertion. In such cases the margin of the record may be sufficiently enlarged to accommodate such drawings and specifications. The record must be properly in- dexed. Pica double-leaded is the only mode of composition allowed. 2. All arguments, briefs, and petitions for rehearing, printed for the use of the court, must be printed on unruled white writing paper, nine and one-quarter inches long and six and one-quarter inches wide. The printed page, exclusive of any marginal note, reference or running head, must be seven inches long and four inches wide. Pica double- leaded is the only mode of composition allowed. Rule 27. Copies of Records and Briefs. — The Clerk shall carefully preserve in his office one copy of the printed record in every case sub- mitted to the court for its consideration, and of all printed motions, briefs and arguments filed therein. Rule 28. Opinions of the Court. — The original opinions of the court shall be filed with the Clerk of this court for preservation, and when so filed the same shall be deemed to have been recorded within the meaning of this rule. Rule 29.* Rehearing. — A petition for rehearing may be presented within thirty days after judgment. It must be printed, and briefly and distinctly state its grounds, and be supported by certificate of counsel that in his judgment it is well founded, and that it is not interposed for delay. Twenty printed copies must be filed with the Clerk of this court. Rule 30. Interest. — 1. In cases where a writ of error is prosecuted in this court, and the judgment of the inferior court is affirmed, the interest shall be calculated and levied from the date of the judg- 1094 HILLYER^S LEGAL MANUAL. ment below until the same is paid, at the same rate that similar judg- ments bear interest in the courts of the State or Territory where such judgment was rendered. 2. In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding ten per cent, in addition to interest, shall be awarded upon the amount of the judgment. 3. The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this court. 4. In cases in admiralty, damages and interest may be allowed, if specially directed by the court. Rule 31. Costs. — 1. In all cases where any suit shall be dismissed in this court costs shall be allowed to the defendant in error or ap- pellee, unless otherwise ordered by the court. 2. In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court. 3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, including the cost of the transcript from the court below, unless otherwise ordered by the court. 4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States. 5. When costs are allowed in this court it shall be the duty of the Clerk to insert the amount thereof in the body of the mandate, or other proper process sent to the court below, and annex to the same the bill of items taxed in detail. 6. In all cases certified to the Supreme Court or removed thereto by certiorari or otherwise, the fees of the Clerk of this court shall be paid before a transcript of the record shall be transmitted to the Supreme Court. 7. Upon the Clerk's producing satisfactory evidence, by affidavit or the acknowledgment of the parties or their sureties, of having served a copy of any bill of fees due by them, respectively, in this court, on such parties or their sureties, an attachment shall issue against such parties or sureties respectively to compel payment of said fees. Rule 32.* Mandate. — In all cases finally determined in this court, a mandate or other proper process in the nature of a procedendo shall, upon the payment of any costs due in the case, be issued, as of course from this court to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. Such mandate, if not stayed by the order of the court, shall be issued on the expiration of thirty days from the date of such final determination, *See, also. Eule 29. RULES — UNITED STATES CIRCUIT COURT OF APPEALS. . 1095 unless within said time a petition for rehearing be filed, in which case the mandate shall be stayed until five days after the determina- tion of such petition. Rule 33. Custody of Prisoners on Habeas Corpus. — 1. Pending an appeal from the final decision of any court or Judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not be dis- turbed. 2. Pending an appeal from the final decision of any court or Judge discharging the writ after it has been issued, the prisoner shall be re- manded to the custody from which he was taken by the w^rit, or shall, for good cause shown, be detained in custody of the court or Judge, or be enlarged upon recognizance, as hereinafter provided. 3. Pending an appeal from the final decision of any court or Judge discharging the prisoner, he shall be enlarged upon recognizance, with surety, for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. Rule 34. Models, Diagrams, and Exhibits of Material. — 1. Models, diagrams and exhibits of material forming part of the evidence taken in the court below, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the marshal of this court at least ten days before the case is heard or submitted. 2. All models, diagrams and exhibits of material placed in the cus- tody of the marshal for the inspection of the court on the hearing of a case must be taken away by the parties within one month after the case is decided. When this is not done it shall be the duty of the marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this rule; and, if the articles are not removed within a reasonable time after the notice is given, he shall destroy them or make such other disposition of them as to him may seem best. Rule 35. Assignment of Causes for Hearing. — 1. Thirty days prior to the opening of any calendar session of the court, the Clerk is di- rected to assign causes for hearing at the rate of one case for the first day of each term or session, and two cases per day for each of the ensuing court days of such term or session. Causes shall be grouped by States, and assignments made, so as to permit the hearing of causes from one State before the causes from the next State in order shall be called; causes from the Northern District of California shall be as- signed for hearing last. Any causes entitled by law to preference in hearing shall be first assigned and take precedence over other causes from the same State. 2. A stipulation to continue a case to the foot of the calendar or in any way change the day assigned for hearing, will not be recognized as binding upon the court, and no such change will be made except by order of the court for reasons shown. 3. Ten days before each calendar session of the court the Clerk shall prepare and cause to be printed a calendar of the causes as- signed for the approaching session. 1096 hillyer's legal manual. Rule 36. Terms and Sessions of the Court.— 1. One term of this court shall be held annually on the first Monday of October and ad- journed sessions on the first Monday of each month in the year. All sessions shall be held at San Francisco, unless otherwise specially or- dered by the court. 2. The October, February and May sessions shall be known as calendar sessions, and shall be sessions for the trial of all causes that shall have been placed upon the calendar in pursuance of Rule 35. 3. A term of this court shall be held annually in the city of Seattle, in the State of Washington, and in the city of Portland, in the State of Oregon. The Seattle term shall be held beginning upon the second Monday in September, and the term at Portland shall be held begin- ning upon the third Monday in September. All appeals and writs of error from the district courts for the Districts of Washington, the transcripts of which shall be filed in this court between the first day of April and the first day of August of each year, shall be heard at said annual term in the city of Seattle, unless it be stipulated by the parties thereto that they be heard at San Francisco. All other ap- peals and writs of error from said District Courts for those districts shall be heard at San Francisco, unless it be stipulated by the parties thereto that they be heard at said annual term in the city of Seattle. All appeals and writs of error from the District Court for the District of Oregon, the transcripts of which shall be filed in this court between the first day of April and the first day of August of each year, shall be heard at said annual term in the city of Portland, unless it be stipu- lated by the parties thereto that they be heard at San Francisco. All other appeals and writs of error from said District Court for that dis- trict shall be heard at San Francisco, unless it be stipulated b}^ the parties thereto that they be heard at said annual term in the city of Portland. Appeals and writs of error from the District Courts for the Districts of Idaho and Montana, and from the District Court of Alaska may, upon the stipulation of the parties thereto, be heard at the an- nual term to be held either at Seattle or Portland. Rule 37. Photograph of Chinese to be Attached to Bail Bond. — Whenever, in cases of deportation of Chinese, the defendant be ad- mitted to bail pending appeal, before the bond be approved and the party released from custody, a photograph of the defendant shall be attached to said bond. ADMIRALTY RULES — UNITED STATES CIRCUIT COURT OF APPEALS. 1097 RULES IN ADMIRALTY— CIRCUIT COURT OF APPEALS, NINTH CIRCUIT. Rule 1.* Appeals and New Pleadings. — An appeal to the Circuit Court of Appeals shall be taken by filing in the office of the Clerk of the District Court, and serving on the proctor of the adverse party a notice signed by the appellant or his proctor that the party appeals to the Circuit Court of Appeals from the decree complained of. The appeal shall be heard on the pleadings and evidence in the Dis- trict Court, unless the Appellate Court, on motion, otherwise order. Rule 2. Notice and Bond. — Sec. 1. When a notice of appeal is served, the appellant shall file in the Clerk's office of the District Court a bond for costs of the appeal, with sufficient surety in the sum of $250, conditioned that the appellant shall prosecute his appeal to effect and pay the costs, if the appeal is not sustained. Such security shall be given within ten days after filing the notice, or the appeal shall be deemed abandoned, and the decree of the court below enforced, unless otherwise ordered by a Judge of this court. Sec. 2. And if the appellant desires to stay the execution of the decree of the court below, the bond which he shall give shall be a bond with sufficient surety in such further sum as the Judge of the District Court or a Judge of this court shall order, conditioned that he will abide by and perform whatever decree may be rendered by this court in the cause, or on the mandate of this court by the court below. Sec. 3. The appellant shall, on filing either of such bonds, give notice of such filing, and of the names and residences of the sureties, and if the appellee, within two days, excepts to the sureties they shall justify, on notice, within two days after such exception. Rule 3. Review in Part Only. — The appellant may also, at his option, state in his notice of appeal that he desires only to review one or more questions involved in the cause, which questions must be clearly and succinctly stated ; and he shall be concluded in this behalf by such notice, and the review upon such an appeal shall be limited to such question or questions. Rule 4. Apostles on Appeal to Contain. — Sec. 1. The apostles, on an appeal to this court, shall, in cases where a general notice of appeal is served, consist of the following : (1) A caption exhibiting the proper style of the court and the title of the cause, and a statement showing the time of the commencement of the suit ; the names of the parties, setting forth the original parties and those who have become parties before the appeal, if any change *ThTs rule so far modifies Rule 11 of the General Rules that a petition for an appeal and the allowance thereof is not required in an admiralty case, nor is the assignment of errors required to be filed with notice of appeal. The assignment of errors must, however, be sent up to the appellate court with the apostles, as required in Rule 4 of the Admiralty Rules. (Kenney v. Louie, No. 939. Motion to dismiss appeal denied, May 6, 1903.) 1098 has taken place ; the several dates when the respective pleadings were filed, whether or not the defendant was arrested, or bail taken, or prop- erty attached, or arrested, and if so, an account of the proceedings thereunder; the time when the trial was had, and the name of the Judge hearing the same ; whether or not any question was referred to a commissioner or commissioners, and if so, the result of the proceed- ings and report thereon; the date of the entry of the interlocutory and final decrees ; and the date when the notice of appeal was filed. (2) All the pleadings, with the exhibits annexed thereto. (3) All the testimony and other proofs adduced in the cause. (4) The interlocutory decree and any order of the court which ap- pellant may desire to have reviewed on the appeal. (5) Any report of a Commissioner or Commissioners to which excep- tion may have been taken, with the order or orders of the court respect- ing the same, and the exceptions to the report, and so much of the testimony taken in the proceeding as may be necessary to a review of the exceptions. (6) All opinions of the court, whether upon interlocutory ques- tions or finally deciding the cause. (7) The final decree, and the notice of appeal; and (8) The assignments of error. Sec. 2. All other papers shall be omitted unless otherwise ordered by the Judge who heard the cause. Sec. 3. Where the appellant shall appeal specially and seek only to review one or more questions involved in the cause, the apostles ]^^y, hy stipulation between the proctors for the respective parties, contain only such papers and proceedings and evidence as are neces- sary to review the questions raised by the appeal. Rule 5.* Certifjring Records. — The appellants shall, within thirty days after giving notice of appeal, procure to be filed in this court the apostles certified by the Clerk of the District Court, or in case of a special appeal, the stipulated record, with the certification by the said Clerk of all papers contained therein on file in his office. Rule 6. If Appearance of Appellee not Entered. — If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand. Rule 7. New Allegations, etc. — ^Upon sufficient cause shown, this court, or any Judge thereof, may allow either appellant or appellee to make new allegations or pray different relief or interpose a new defense, or make new proofs. Application for such leave may be made at any time after the perfecting of the appeal to this court, and within fifteen days after the filing in this court of the apostles, and upon at least four days' notice to the adverse party or his attorney of record. ^See, also, General Eule 17. RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1099 Rule 8. New Pleadings — New Testimony. — ^If leave be granted to make new allegations, pray different relief or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such plead- ing be a libel, within twenty days answer on oath. If leave be given to take new testimony, the same may be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter-testimony within twenty days after such filing. Rule 9. New Testimony — How Taken. — Such testimony shall be taken by deposition before the Clerk of this court, or any United States Commissioner, or any Clerk of a District Court of the United States, or any Notary Public upon reasonable notice, in writing, given to the opposite party or his attorney of record, either in this court or in the court below, which notice must state the name or names of the witness or witnesses and the time and place of taking his or their deposition or depositions; or by commission issued out of this court with interrogatories annexed. Upon sufficient cause shown, the court may grant an open commission. Rule 10. Printing New Pleadings and Testimony. — If new plead- ings are filed or testimony taken in this court, the same shall also be printed and furnished by the Clerk, as in the 23d General Rule pro- vided. Rule 11. Motions. — All motions shall be made upon at least four days' notice. Rule 12. Extension of Time. — The time specified in the foregoing rules for any proceeding may be extended by order of a Judge of this court. These rules shall go into effect on the first Monday of October, 1900. RULES— UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA. ATTORNEYS AND COUNSELORS. Rule 1. Attorneys, Who Admitted.— No person shall be admitted to practice as an attorney or counselor in this court, unless he shall have been previously admitted in the Supreme Court of the United States, or the Supreme Court of this State, or the highest court of a sister State, or of an organized Territory of the United States. Satisfactory evidence of good moral character will be required. The applicant, upon his admission, shall sign the roll of attorneys and counselors, and take and subscribe the following oath, to wit: "I solemnly swear [or affirm] that I will support the Constitution of the United States ; that I will bear true faith and allegiance to the Government of the United States ; that I will maintain the respect due to the courts of justice and judicial officers; and that I will demean myself as an attorney and counselor of this court uprightly," 1100 hillyer's legal manual. Rule 2. Agreements must be in Writing. — No agreement between parties, or their attorneys, in relation to the proceedings or evidence in an action, will be regarded, unless the same is made in open court, and noted in its minutes, or is reduced to writing and subscribed by the party or attorney against whom it is alleged. Rule 3. Attorneys not Sureties, etc. — No officer or attorney of this court shall be accepted as security for costs, or as bail of any kind. Rule 4. Attorneys, When Witnesses, etc. — If the attorney or counsel of either party offers himself as a witness on behalf of his client, and gives evidence on the merits on the trial, he shall not argue the case, or sum it up to the jury, unless by consent of the opposite party, and permission of the Court. COMMON-LAW RULES. Rule 6. Commencement of Actions. — Actions shall be commenced by filing a complaint with the Clerk of the court. The summons shall be issued by the Clerk under the seal of the court, and be in substance similar to that used in the courts of this State, except that it shall bear teste of the judge of the court, and shall require the defendant to appear and file his plea, answer, or demurrer in the office of the Clerk of the court, within twenty days after the service of the summons upon him. Rule 7. Dismissal of Actions — Failure to Prosecute. — Whenever a complainant shall fail to have process issued upon any complaint here- after filed in this court, within one year after the filing thereof against any defendant named therein, who has not voluntarily made a general appearance in the action, or who shall fail to make a bona fide effort to procure service of summons upon such defendant within sixty days after the issuing thereof, such defendant may, upon due notice to the com- plainant, have said complaint dismissed for want of prosecution; but this rule shall not affect the right of the court to dismiss actions for want of prosecution in other proper cases. Rule 8. Service of Summons and Default. — Service of summons shall be made by the marshal of the district in person, or by his duly appointed deputy. A copy of the complaint and a copy of the summons, certified by the Clerk or the plaintiff's attorney, shall be served per- sonally upon each defendant ; and in case the defendant fails to appear and file his plea, answer, or demurrer, in conformity with the require- ments of the summons, the Clerk shall, on the written request of the plaintiff or his attorney — to be filed in the case — enter his default ; and thereafter the proceedings in the action shall be in conformity with the practice prescribed for the State courts by the statutes of the State in like cases. Rule 9. Matters of Abatement. — All matters in abatement shall be set up in a separate preliminary answer, in the nature of a plea in abatement, to which the plaintiff may reply or demur; and the issue so joined shall be determined by the court before the matters in bar are RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1101 pleaded. And when any matter in abatement, other than such as affects the jurisdiction of the court, shall be pleaded in the same answer with matter in bar, or to the merits, or simultaneously with an answer of matter in bar, or to the merits, the matter so pleaded in abatement shall be deemed to be waived. When the matter so pleaded in abatement consists of matters of fact, the plea or preliminary answer shall be sworn to. And when matters showing that the court has no jurisdiction, which might have been pleaded in abatement, are first developed during the proceedings in the cause upon the merits, the court will, upon its own motion, dismiss or remand the case and, in its discretion, tax the costs of such proceedings upon the merits, so far as is practicable to the party most in fault in not presenting such matters in some proper mode before proceeding upon the merits. Rule 10. Demurrers, Special Pleas, etc.. Certificate of Counsel. — No demurrer or special plea or answer to a complaint shall be allowed to be filed, unless accompanied by a certificate of counsel, that, in his opinion, it is well founded in point of law^ Rule 11. Schedules of Title Furnished. — In the trial of an action to recover lands or tenements, the attorneys for the respective parties, plaintiff and defendant, shall place in the hands of the court, before the trial, schedules of the documentary evidence of title, chronologically arranged, which they, respectively, propose to introduce as testimony. Rule 12. One Counsel to Examine Witness, Order of Proceedings, etc. — On trials of issues of fact, only one counsel on each side shall examine or cross-examine a witness, and only one counsel on each side shall sum up the cause, unless the court shall otherwise direct. The party having the affirmative shall be entitled to begin, and shall, before introducing his testimony, open his case by stating generally what he expects to prove. The other party may, either then or after the adverse party rests his testimony, state what he expects to prove. After the testimony is closed, the party holding the affirmative may address the jury, and shall, if desired by the opposite party, state his points and refer to his authorities, or be precluded from a reply ; the party holding the negative of the issue may then sum up his case, and the party holding the affirmative may close. Rule 13. Instructions to Jury, When must be Presented to Court. — In causes civil or criminal tried by a jury, any special charge or instruc- tions asked for by either party must be presented to the court in writing directly after the close of the evidence, and before any argument is made to the jury, or they will not be considered. Rule 14. Calling Parties.— It shall not be necessary to call the plaintiff's attorney in criminal cases; and in civil cases, and in criminal cases not charging a felony, it shall not be necessary to call either party before receiving the verdict of the jury. JUDGMENTS. Rule 15. Judgment-rolls Signed— Costs.— The Clerk or his deputy may tax costs in cases at law and in equity, and in actions at law sign judgment-rolls. 1102 Rule 16. Ibid., What to Embrace. — Immediately after entering the jiidfrment, the Clerk shall attach together and file the following papers, which shall constitute the judgment-roll: First — In case the complaint is not answered by any defendant, the summons, with the proof of service, the complaint, and a copy of the entry of the default of the defendant, and a copy of the judgment. Second — In all other cases the summons, pleadings, verdict of the jury, or finding of the court, referee, or commissioner; copies of orders sustaining or overruling demurrers, and of all orders relating to a change of the parties, and a copy of the judgment. The judgment-roll shall be made, signed by the Clerk or his deputy, and filed before judgment is docketed, or an execution issued thereon. The judgment shall be entered in the judgment-book, unless otherwise ordered by the court, as soon as practicable after having been rendered ; or in case of a jury trial, as soon as practicable after the rendition of the verdict. Proper entries of the judgment, under appropriate heads, shall be made by the Clerk in the docket-book kept by him immediately after the judgment-roll is filed. The docket-book shall have each page divided into columns, so as to exhibit at one view the dates of the judgments, their amounts, the executions sued out, the time of their issuing, the returns thereon, and the dates of satisfaction, with a column for miscellaneous matter. Rule 17. Memorandum of Costs. — The party in whose favor a judg- ment at law or decree in equity is rendered, and who claims his costs, shall, unless otherwise ordered by the court, within five days after the entry of judgment or decree, deliver to the Clerk of the court, and serve on the attorney or solicitor of the adverse party, a copy thereof, together with a notice of application to have the same taxed, a memorandum of his costs and necessary disbursements in the action or proceeding, distinctly specifying each item so that the nature of the charge can be readily understood; which memorandum shall be verified by the oath of the party, or his agent, attorney, or solicitor, or by the clerk of such attorney or solicitor, stating that the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding, and shall be accompanied by the evidence of service thereof, and of said notice, upon the attorney or solicitor of the adverse party. The notice shall specify the hour at which application to the Clerk to tax the costs will be made, and shall not be less than one nor more than three days from the date of the notice. Upon a failure to file such memo- randum, notice and evidence, the costs other than the Clerk's costs (which may be inserted in the judgment or decree without such memorandum) shall be deemed waived. In all cases where compensation is claimed for keeping personal prop- erty attached or taken on mesne process, the party delivering to the Clerk such memorandum of costs shall annex thereto a petition of the marshal under oath, fully setting forth the facts out of which such claim for compensation arose ; stating the character, amount, and value of the property attached or taken ; the facts showing the necessity for employ- ing a keeper, or renting a room, or other acts performed in keeping said 1103 property, and the reasonable necessary value of the services, in such manner that the court can determine from the facts the proper compen- sation to be allowed. And the said facts so set out may be controverted by the opposing party in the mode provided in Rule 18, and thereupon the Clerk shall allow and fix such amount as he shall deem reasonable as in the case of other items of costs, subject to appeal as in other cases provided in these rules. Rule 18. Taxation of Costs. — At the time specified in the notice, the party objecting to any item of costs contained in the said memoran- dum shall present his objections, either orally or in writing, specifying each item to which objection is made, and the ground of the objection, and file any affidavit, or other evidence relied on, if any there be, to support his objections, which evidence may be rebutted by other evidence. The Clerk shall thereupon proceed to tax the costs, and shall allow such items specified in said memorandum as are properly chargeable as costs, and shall include in the judgment or decree entered, any interest on the verdict or decision of the court from the time it was rendered. And he shall, within two days after the costs shall be finally taxed, insert the same in a blank left in the judgment or decree for the purpose, and shall make a similar insertion of the costs in the copies and docket of the judg- ment or decree. The taxation of costs made by the Clerk shall be final, unless modified on appeal, as provided in Rule 19. Rule 19. Retaxation of Costs. — An appeal from the decision of the Clerk, in the taxation of costs, may be taken to the court, or judge, orally, by either party, instanter, or by motion to retax upon written notice of not less than one nor more than two days, given and filed with the Clerk, within two days after the costs have been taxed in the Clerk's office, but not afterward. When taken upon notice, the notice of motion to retax shall particu- larly specify the rulings of the Clerk excepted to, and no others will be noticed on the hearing. The motion will be heard upon the same papers and evidence used before the Clerk. Rule 20. Sale of Real Estate Under Execution. — In the sale of real estate under execution issuing from this court, the marshal shall conform his proceedings to the directions of the laws of this State in force at the time of the sale in relation to the sale of real estate on execution, and, in addition to the certificate filed with the recorder of the county where the lands sold are situated, shall file a copy thereof with the Clerk of this court. Rule 21. Redemptions of Lands Sold Under Execution. — ^Redemp- tions of lands sold under execution out of this court may be made in the same manner, and with like efi'ect, and by the same persons, as prescribed by the laws of this State in force at the time of the sale. And the sales by the marshal shall be made subject to such redemption. EXCEPTIONS AND NEW TRIALS. Rule 22. Bills of Exceptions to Charge of Court, When and How Made. — The party excepting to the charge of the court to the jury must 1104 HILLYER^S LEGAL MANUAL. specify distinctly the several matters of law in the charge to which he excepts. Such matters of law, only, will be inserted in the bill of excep- tions, and allowed by the court. All exceptions to the charge of the court to the jury shall be specified in writing immediately on the conclu- sion of the charge, and handed to the court before the jury leave the box. The bill of exceptions must be prepared in form, and presented to the judge within ten days after verdict, and in default thereof, the excep- tions will be deemed waived. Rule 23. New Trials. — All notices of motions for new trials must be given within ten days after the rendition of the verdict, or the deci- sion sought to be set aside, and shall state generally the grounds of the motion, and whether it will be made on affidavits ; on the minutes of the court (which for the purposes of this rule shall be deemed to include the notes of the evidence taken by the judge, reporter, or other authorized person ; all other testimony in the case, and all rulings made and excepted to in the progress of the trial) and the pleadings and proceedings on file in the Clerk's office. Whether made upon the minutes of the court, and the pleadings and proceedings in the Clerk's office, or upon the ground of newly discovered evidence, or other grounds shown by affidavits, the motion shall be brought on for argument on the first succeeding ' ' motion day" of the term at which it can be heard, after giving notice; and in the latter cases a copy of the affidavits upon which the motion is based shall be served on the attorney of the adverse party two days before said motion day. Rule 24. General Verdicts Subject to Opinion of Court. — General verdicts may be taken subject to the opinion of the court, on a case to be prepared by the party in whose favor the verdict is taken, containing all the material evidence given at the trial. The case shall be prepared, and a copy served on the attorney of the adverse party, within ten days after taking the verdict, and afterward amended and settled within the time and in the manner prescribed by these rules for settling bills of exceptions. Rule 25. Exceptions, How Taken. — Where exceptions are taken, or there is a demurrer to evidence, the party shall not be required to pre- pare at the trial his bill of exceptions, or demurrer and statement of evidence, but shall merely reduce such exceptions to writing, or make a minute of the demurrer to the evidence, as the case may be, and deliver it to the judge. The bill or demurrer shall, within ten days after the termination of the trial, be drawn up, filed, and a copy be served on the attorney of the adverse party, who, within five days thereafter, may prepare, serve, and file amendments thereto ; and in default thereof, the right to propose amendments shall be deemed waived, in which case, within five days thereafter, the proposed bill may be presented by the moving party to the judge for allowance. If amendments are served and filed within the time allowed, they shall be deemed assented to by the party proposing the bill, and may, in like time and manner, be pre- sented to the judge for allowance, unless the said party, within three days after receiving a copy of such amendments, shall notify the oppos- RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1105 ing attorney of his dissent, and that at a time and place specified, not less than two nor more than five days distant, he will present the pro- posed bill and amendments to the judge for settlement, and in that case the bill shall be so presented. In all cases where a party proposing a bill of exceptions fails to present his bill, or bill and the proposed amend- ments, to the judge, for allowance or settlement, within the time limited as aforesaid, his bill of exceptions shall be deemed abandoned, and his right thereto waived. In case of the absence of the judge at the time for presenting a bill of exceptions for allowance or settlement, the party proposing it may, upon one day's notice to the opposing attorney, when amendments have been proposed, otherwise without notice, and within the times limited for so presenting it, direct the Clerk of the court to transmit by mail or express to the judge, for allowance or settlement, the proposed bill, or bill and amendments, as the case may be, together with such other papers as may be deemed necessary or convenient to the judge in settling the same ; and it shall be the duty of the Clerk, the expenses thereof having been first paid by the party, to forward the same to the judge, in pursuance of such directions, and to file a memorandum of his action, together with the date, among the papers in the case. Either party may transmit with such papers a memorandum, stating his points, and referring to such portions of the evidence or record as, in his judg- ment, may conduce to a correct settlement of the bill of exceptions; or, upon stipulation of the parties, the proposed bill and amendments may be retained by the Clerk, and be by him delivered to the judge upon his return. Rule 26. Notice of Motion to Stay Proceedings Pending Motion for New Trial. — When judgment has been entered upon the verdict, or other decision, notice shall be given to the adverse party of any motion to stay execution thereon. Rule 27. Motion for New Trial, etc., not to Delay Entry of Judg- ment. — A notice of motion for a new trial, or in arrest of judgment, shall not delay the entry and docketing of the judgment, except when proceedings are stayed by order of the court or one of the judges. If the motion be sustained, the judgment shall be set aside. Rule 28. No Arrest of Judgment After New Trial. — No motion in arrest of judgment shall be heard after a new trial once had ; but motions in arrest of judgment, and for a new trial, may, in the first instance, be simultaneously made. Rule 29. No Waiver. — A motion for a new trial shall not be deemed a waiver of any bill of exceptions taken; but a writ of error or appeal taken, pending a motion for new^ trial, or application for rehearing, shall be deemed a waiver of such motion or application. COMMISSIONS AND DEPOSITIONS. Rule 30. Depositions of Infirm Witnesses. — A rule to take the depo- sitions of ancient and infirm witnesses, to be read in evidence on the usual terms, is of course, and may be entered by the Clerk upon the 70 1106 request of either party, stipulatinti^ a reasonable written notice to the adverse party ; so of a rule for a commission to any of the United States. Rule 31. Ibid., Before Whom Taken. — Depositions may be taken before any of the commissioners of any court of the United States ; and commissions may be executed by any person qualified to take testimony according to the laws of the State to which the commission issues, or by any person or persons agreed on by the parties, or by such person or per- sons as, in the absence of any agreement, shall be designated by one of the judges of this court. The commission may be directed to one or three ; but no costs shall be taxed for the service of more than one com- missioner, unless both parties unite in requiring a greater number. Rule 32. Conmiissions, How Obtained. — Either party to a cause, wishing to sue out a commission, shall first file in the Clerk's office a copy of the interrogatories to be propounded to the witnesses, and shall give five days' notice to the adverse party, or his attorney, and serve on him a copy of the interrogatories and rule for commission ; and the cross- interrogatories shall be filed within five days after such notice and ser- vice. When such cross-interrogatories have been filed, the party filing them shall give notice thereof to the adverse party; and all objections or exceptions to the interrogatories filed must he made in writing. The interrogatories, when objected to hy either party, must he settled hy one of the judges hefore the commission is issued. At the expiration of five days from the filing of the interrogatories, if no objections or exceptions to them are filed, or, if filed, immediately after the same are settled, the commission shall issue with certified copies of the interrogatories at- tached, directed to such person or persons as shall be agreed on by the parties with the assent of one of the judges or of the Clerk, or in case of no written agreement by the parties, to some one authorized by these rules to execute it. Rule 33. Commission, How Opened. — When a commission is re- turned, it may be opened by the Clerk at any time, by consent in writing of the parties indorsed on the commission, or filed in the cause, or by order of one of the judges. The commission when returned shall be the property of both parties, and remain with the Clerk, to be used by either. Rule 34. Commissions, Exceptions to Execution of, etc. — On the return and opening of the commission, either party may give notice thereof to the opposite party, who shall, within ten days after service of such notice, file with the Clerk, and serve a copy thereof on the attorney of the adverse party, a specification of his exceptions, if he have any, to the execution of the commission, to the mode of swearing the witnesses, or to the acts or omissions of the commissioner, or of any other person or persons in or about the same. No exceptions on any of these grounds to the admissibility of the evidence so returned or filed, not included in such specifications, shall be taken on the trial of the cause; and in no case, where a deposition has been filed before the day on which the case is called for trial, shall an exception on any of said grounds be taken at the trial, unless it has been specified in writing and presented to the court for its decision before a jury is impaneled in the case. Provided, RULES — ^UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1107 that nothing herein shall be so construed as to sanction the reading of the answers of a witness, resident within one hundred miles of the place of trial. Rule 35. Ibid., Decisions on Exceptions. — In all cases of exceptions filed or specified as above, by either party, any party may, before the trial of the cause, on motion, obtain a decision of the court upon the sufficiency or insufficiency of the exceptions; and such decision shall not be reconsidered upon the trial ; but a bill of exceptions thereto shall be signed, if required, at the trial, in the same manner as if the decision had taken place during the trial. MOTIONS. Rule 36. Mondays Motion Days, etc. — Mondays shall be "Motion Days" on which will be heard ex parte motions; motions for judgments on special verdicts, agreed statements of facts, or otherwise; motions for new trials and injunctions ; and all other motions of which notice to the adverse party is required to be given. Upon reading and filing the notice of motion, with proof of due service thereof, and of copies of the papers upon which the motion is made, if no one appears to oppose it, the moving party shall be entitled to a decision of the motion. The affi- davits to be used by either party, before being read on the hearing, shall be respectively indorsed with the title of the cause and name of the attor- ney presenting them, and marked filed by the Clerk. Upon the decision of the motion, the Clerk shall attach together the notice and affidavits, and indorse the same as having been read on the hearing. The counsel succeeding shall prepare a draft of the order. On ' ' Law Days, ' ' and the first days of terms, the business usually assigned to those days shall take precedence of ordinary contested motions. Rule 37. Motions, Service of Papers, and Time. — When a written notice of motion is necessary, it shall be given five days before the time appointed for the heariiig ; but the court, or one of the judges, may by special order prescribe a shorter time. A copy of all papers to be used by the moving party, except those before on file in the Clerk's office, shall be served with the notice of motion. The notice shall specify the papers upon which the moving party will rely. Rule 38. Motion Days, Order of Proceedings. — On motion days the order of business, unless otherwise directed by the court, shall be as follows : 1st. Rendering decisions in such matters before submitted as are ready for decision. 2d. Ex parte motions. 3d. Contested motions. Attorneys having motions on motion days will hand to the Clerk a memorandum containing the title of the cause in which the motion will be made, and the name of the attorney moving; also designating it as **ex parte/* or "contested," as the case may be. The Clerk will make tw^o calendars from the memoranda so furnished, one oi"ex parte/* and 1108 the other of ** contested " motions, placing the motions on the calendar in the order in which they were received by him. The memoranda may be handed to the Clerk at any time during the week, and up to the open- ing of court on motion day. No motions will be heard, except those on the calendars, till the calendars are disposed of. CALENDAR. Rule 39. Calendar, When and How Made Up.— Five days before the commencement of every term the Clerk shall prepare two calendars, one of which, to be designated the ''Law Calendar," shall contain all causes pending before the court, and ready for argument on demurrer or exceptions to pleadings, whether causes at law or in equity ; the other — to be known as the ''General Trial Calendar" — ^shall contain all causes which are ready for hearing, or trial, whether the same are criminal causes, or civil causes at law, in equity, or on appeal, or writ of error. Causes in which issue is joined, or which are brought into this court on appeals, or writs of error, and which are in a condition to be heard before the calling of the "General Trial Calendar" on the first day of the term, will also be placed thereon as of course; but civil causes not in a condition to go upon the calendar before such call will only be put upon the "General Trial Calendar" by order of the court, upon motion on notice to the adverse party. Causes will be entered upon the "Law Calendar" at any time during the term, when at issue, or ready for argument. Rule 40. Special Calendars.— The "General Trial Calendar" shall be divided into special calendars, arranged in the following order: 1st. Of criminal causes. 2d. Of civil causes in which the United States is a party. 3d. Of other civil causes at law and in equity. The causes on each special calendar shall be arranged in the order of the dates of their issues ; and the Clerk shall indicate opposite each civil cause whether it is an action at law or in equity ; and in actions at law in which a stipulation waiving a jury has been filed, that fact shall be noted. Rule 41. General Trial Calendar When and How Called and Dis- posed of, etc. — The "General Trial Calendar" will be called on the first day of each term, and all causes be then set for trial for some particular day, continued for the term, or otherwise disposed of. Unless otherwise specially ordered, causes to be tried by a jury will be set together in the first part of the term ; and causes in which a jury is waived, and equity causes, will be set together in the latter part of the term. In order that causes may be properly set, counsel will be expected to file their stipula- tions in writing, waiving a jury before or at this call of the calendar; but a jury may be waived at any time by special leave of the court. Subject to the foregoing provisions, causes will be set for trial in the same order as that in which they stand on the "General Trial Calendar," unless, for special reasons, the court shall otherwise direct ; and all appli- cations for setting a cause out of its regular order, and to correct the RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1109 calendar, must be made on this call. Causes not answered to by either party on this call of the ''General Trial Calendar" will be continued for the term; and on the third call of a cause on the ''General Trial Calendar, ' ' without answer from either party, will be dismissed for want of prosecution. Rule 42. Law Calendar, When and How Disposed of, etc. — On the second day of each term, unless otherwise ordered by the court, and on each subsequent rule day of the term upon which the court is in session, the Law Calendar will be called and disposed of ; and such days shall be known in these rules as "Law Days." Upon the regular call of the law calendar, when no counsel appears to support a demurrer or exception, it will be overruled without any examination of the record ; and a motion for new trial, under like circumstances, will in like manner be denied. Rule 44. Absence of Parties When Cause Called, etc. — When a cause is regularly called for hearing or trial, if the complainant or plain- tiff fails to appear, or to proceed to a hearing or trial, unless for sufficient cause shown the court shall otherwise direct, the defendant may have the cause dismissed. If the defendant fails to appear, the plaintiff may proceed ex parte. If neither party appears, the cause may be continued or dismissed in the discretion of the court. MISCELLANEOUS EULES OF GENERAL APPLICATION. Rule 45. Copies of Pleadings Served. — A party filing a pleading other than a complaint, or bill in equity, must, within the time required to file the same, serve a copy thereof on the attorney, solicitor, or proctor of the adverse party. Rule 46. Pleadings, etc., How Engrossed, Paged, Numbered, In- dorsed, etc. — All pleadings, before being filed, shall have the pages and lines numbered in the margin. All pleadings and documents intended for the files of the court shall be on white paper known as "Legal Cap," of good quality, and either printed, or written in a plainly legible hand, or legibly typewritten, without erasures or interlineations, except slight corrections, which must be noted by the Clerk and attested by his initials before filing ; and each paper shall have legibly indorsed thereon the title of the cause, the character or title of the paper, and if a complaint, the character of the action, and the name of the attorney or attorneys. No pleading or document, which fails to conform to the requirements of this rule, shall be filed by the Clerk. APPLICATION TO AMEND PLEADINGS. Rule 47. Pleadings, How Amended, etc. — In cases at law or in equity, where the right to amend any pleading is not of course, the party desiring to amend shall serve with the notice of application to amend, an engrossed copy of the pleading, with the amendment incorporated therein, or a copy of the proposed amendment, referring to the page and line of the pleading where it is desired that the amendment shall be inserted; and, if the pleadings were verified, shall verify such amended 1110 hillyer's legal manual. pleading, or such proposed amendment, before the application shall be heard. Rule 48. Amended Pleadings Engrossed, etc. — Whenever a plead- ing has been amended, the pleading, as amended, shall be engro.ssed and filed, unless otherwise directed by the court, and a copy of the amend- ment, where it has not been already served with the notice of motion to amend, shall be served on the attorney of the adverse party. Rule 49. Parties Appearing in Person must Designate Place to Serve Papers. — In all cases in which a party shall appear in person, who is not an attorney, solicitor, or proctor of this court, or is a non- resident of this district, or who appears by an attorney, solicitor, or proctor who is a nonresident of this district, he shall indorse on his ap- pearance, or his first pleading filed, a designation of the place within the city of Los Angeles where notices are to be served on him ; and if he does not do so, a filing of any notice or paper in the case in the Clerk's office, with the papers in the case, shall be sufficient service. GUARDIANS AD LITEM. Rule 51. Guardian ad Litem, Who and When Appointed. — No per- son shall be appointed guardian ad litem, either upon the application of the infant or otherwise, unless he be the general guardian of the infant, or an attorney, or other officer of this court, or is fully compe- tent to understand and protect the rights of the infant ; has no interest adverse to that of the infant, and is not connected in business with the attorney or counsel of the adverse party; nor unless he be of sufficient pecuniary ability to answer to the infant for any damage which may be sustained for his negligence or misconduct in the defense of the suit. Rule 52. Ibid., Attorneys shall Act as. — ^Every attorney or officer of the court shall act as guardian ad litem of an infant defendant, when- ever appointed for that purpose by an order of the court. He shall examine into the circumstances of the case, so far as to enable him to make the proper defense, and shall be entitled to such compensation as the court may deem reasonable. Rule 53. Ibid., must Give Security, Where, etc. — No guardian ad litem shall receive any money, or property, or proceeds of sale of real estate, until he has given security by bond, conditioned for the faithful discharge of the duties of his trust, in double the amount of such prop- erty or money, with two or more sureties, who shall justify as in other cases. Said bond shall be approved by the judge, and filed with the Clerk. DEPOSITS OF MONEY IN COURT. Rule 54. Moneys Paid into Court, How Disposed of, etc. — All moneys brought into court shall be paid to the Clerk of the court, unless the court shall otherwise direct, and when not immediately paid to the party entitled, be deposited by said Clerk, in his name of office, with such depository as may be designated by law, or by the court, when no place is so designated. The amount so received, the purpose for which it was RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1111 paid into court, together with the fact of the deposit, as herein provided, shall be noted by the Clerk in the register of actions in the particular cause in which it is received. Rule 55. Orders on Depositories.— Orders on depositories for the payment of money out of court shall be signed by the Clerk, and counter- signed by a judge of the court. Rule 56. Records and Files not to be Taken from the Clerk's Oflace, etc. — No record or paper belonging to the files of the court shall be taken from the office or custody of the Clerk, except upon the special order of the court or judge, and a receipt from the party obtaining it, specifying the record or paper ; and no order will be made, except upon cogent reasons. Whenever it is necessary for a judge, master, examiner, commissioner, clerk, or other officer of the court to use, for purposes of the action, at places other than the clerk's office, courtroom, or judge's chambers, plead- ings or other papers which are ultimately to constitute a part of the judgment-roll, or of the record of a decree, certified copies thereof shall be furnished by the Clerk, and the expense taxed as costs in the case. Rule 57. Counsel must Prepare Orders, Judgments, etc. — The coun- sel obtaining any order, judgment, or decree, may be required by the Clerk to furnish a draft of the same. Rule 58. Instruments upon Which Judgments Entered, How Dis- posed of, etc. — In all cases in which a judgment or decree is entered upon a written instrument, the Clerk shall, at the time of entering the judgment or decree, note over his official signature, across the face of the instrument, the fact of the entry of the judgment, and its date, with the name of the court ; and thereafter, unless the instrument is canceled, or annulled, by the decree of the court, he may return it to the party entitled upon his request, and upon his filing in the cause a copy thereof, and of the memoranda thereon, certified by the Clerk to be a true copy. Rule 59. Orders of Course, When may be Entered, etc. — All rules which, by the practice of this court, either party is entitled to enter with- out special application to the court, may be entered as well in vacation as in term, and shall have the like effect as if entered in term. Rule 60. Briefs and Records, How Printed. — When briefs, points or records are printed, they shall be printed on unruled white writing paper, ten inches long by seven inches wide, with a margin on the outer edge of not less than two inches wide. The printed page, exclusive of any marginal note or reference, shall be seven inches long, and three and one-half inches wide. Small pica solid is the smallest letter and most compact mode of composition allowed. Rule 61. Bonds must have Affidavits or Sureties, etc. — No bond, or stipulation, or undertaking, will in any case be approved, unless it is accompanied by the affidavit of the sureties, that they are each residents and householders or freeholders within the district, and worth the amount specified therein over and above all their just debts and liabilities, exclu- sive of property exempt from execution, except that, where the amount 1112 exceeds three thousand dollars, they may state in their affidavits that they are severally worth amounts less than that expressed in the bond, stipulation, or undertaking, if the whole amount is equivalent to that of two sufficient sureties. Rule 62. Costs, Clerk may Require Deposits, etc. — Upon the com- mencement of an action, the Clerk shall be entitled to require from the plaintiff the payment of the fees for issuing process, with the necessary number of copies; and in addition thereto, a deposit of ten dollars as security for any further fees that may become chargeable against the plaintiff; and upon the entering of the appearance, or the filing of a demurrer, plea, answer, or other paper, on behalf of a defendant, or of defendants, where several appear or plead jointly, the Clerk shall be entitled to require from such defendant, or defendants, a similar deposit. At the termination of the cause, each party making a deposit as security for fees shall be entitled, upon demand, to receive back from the Clerk any balance due him, after deducting the amount of all fees and costs properly chargeable or recoverable against such party. If, at any time, the fees for service rendered either party shall exceed the deposit, the Clerk shall be entitled to payment therefor upon demand, and to decline to perform any further service for such party till a compliance with such demand. All costs, chargeable to either party, paid to the Clerk by the prevailing party, shall be entered as a part of any judgment for costs entered in his favor. In causes removed from State courts, and causes on appeal, or writ of error from the United States District Court, the like deposits may be required as in causes originally commenced in this court. CRIMINAL CASES. Rule 63. Impaneling and Challenging Jurors in Criminal Causes. — In all criminal trials, the designation, impaneling, and challenging of jurors shall conform to the laws of this State existing at the time, except as otherwise provided by Acts of Congress, or the rules of this court; but a juror shall be challenged, or accepted and sworn, in the case as soon as his examination is completed, and before the examination of another juror. Rule 64. Arrest on Indictment, Order of Course. — On filing an in- dictment found by the grand jury against a party not in custody or on bail, an order shall be entered as of course for a bench warrant, to be issued under the seal of the court, for the arrest of the persons indicted. Rule 65. Criminal Cases, Pleas or Misnomer Abolished, etc. — Pleas in abatement on the ground of misnomer are abolished. When the de- fendant is arraigned, he shall be informed that if the name by which he is indicted be not his true name, he must then declare his true name or be proceeded against by the name in the indictment. If he give no other name the court may proceed accordingly. If he alleges that another name is his true name, the court shall direct an entry thereof in the minutes of the arraignment; and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he was indicted. EULES — ^UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1113 EQUITY— INJUNCTIONS. Rule QQ. Failure to Prosecute — Bill Dismissed. — ^Within ninety days after the filing of a bill in equity in this court, the complainant in such bill shall cause process to be issued thereon, and make a bona fide effort to procure service of such process upon each defendant named in the bill who has not voluntarily made a general appearance in the case, and in default thereof, any defendant, who has not so appeared, upon due notice to the complainant, no good cause for the neglect appearing, shall be entitled to have the bill dismissed for want of prosecution. Rule 67. Injunctions, How Cause Against Shown. — On a motion for an injunction, the defendant may show cause against its allowance, either by plea, answer, or demurrer to the bill, or by parol exception to its legal sufficiency, or by depositions and affidavits disproving the equity on which the motion is founded. Rule 68. Further Proofs, When not Admissible. — Further proofs will not be heard on behalf of the complainant, in reply to defendant's answer and proofs responsive to the case made by the bill and accom- panying proofs of complainant ; but the complainant may be allowed, in the discretion of the court, to rebut new affirmative matter set up by the defendant constituting cause against the allowance of an injunction. FINES AND PENALTIES. Rule 76. Fines and Penalties, How Disposed of. — When a fine or penalty is paid into court, and the whole shall belong to the United States — or one-half shall belong to the government, and the other half thereof to any other party — the Clerk shall, as soon as practicable, under the direction of the court, pay to the proper depository the amount thereof belonging to the United States; and any person claim- ing any portion of such fine or penalty, as the discoverer or informer, or prosecutor of the offender incurring such fine or penalty, shall file with the Clerk of the court his affidavit and such other papers as he may think proper, showing his right to a moiety of such fine or penalty ; and thereupon, on notice to the parties interested, and the United States District Attorney, or in such manner as the court may direct, the court will make the proper order for payment to the parties entitled thereto. Rule 77. Under Internal Revenue Act. — In cases arising under the act ''To Provide Internal Revenue," etc., the person so claiming shall file, with such affidavit and papers, the written consent of the Collector of Internal Revenue of the district in which such fine or penalty was incurred, that a moiety shall be paid to such claimants — or shall show, by affidavit, that a copy of such affidavit and papers, with a notice of the application for distribution and payment, has been served on such collector, and on the United States District Attorney, five days before the time noticed for making such application. But, in special circum- stances, the court may direct such other notice or proceedings as the exigencies of the case may require. 1114 REMOVAL OF ACTIONS FROM STATE COURTS. Rule 78. Proceedings on Removal of Causes from State Courts. — Whenever an action is removed to this court from a State court in pursuance of any act of Congress, the proper papers may be filed, as of course, at the time authorized by law; and thereupon the Clerk shall enter the action upon his register, and thenceforth the proceed- ings therein shall be the same as if said suit had been originally com- menced in this court, and the same proceedings had been taken in such suit in this court, as shall have been had therein in said State court prior to its removal. But the plaintiff in such action may, as of course, amend his complaint, or bill, within five days after the time designated by law for filing the papers in this court, and in that case the defend- ant shall have ten days after service of a copy of the amended com- plaint, or bill, to plead thereto. If the complaint, or bill, be not so amended within the time herein limited, the defendant may, within five days after the expiration of such time, plead to the original complaint, or bill; or, if he has already pleaded to the same in the State court, amend his said pleading, as of course. But this rule shall not be so construed as to authorize the substitution or addition of a new and wholly different cause of action from that transferred from the State court. Whenever the papers in a case removed from a State court have not been filed in this court, at the day appointed by law, the party thereafter filing the papers shall give notice thereof to the adverse party, and such adverse party shall, after such notice, have the time allowed in this rule to enter his appearance in this court and plead, or amend his pleading. Rule 79. Filing of Transcript on Removal. — Whenever the proper proceedings have been perfected in a State court to remove a case from such court to this court, pursuant to any statute of the United States, either party may at any time thereafter, as of course, file the transcript required by law in this court, and serve written notice of such filing upon the adverse party or his attorney; and upon filing in this court satisfactory evidence of the service of such notice, the Clerk shall enter the action upon his register, and thenceforth the provisions of Rule 78 of this court shall be applicable thereto ; and the same proceedings may be thereafter had as if the transcript had been filed by the party remov- ing the case at the time prescribed by law. BANKRUPTCY. Rule 1. — Checks or warrants drawn pursuant to Number 29 of the General Orders in Bankruptcy, adopted and established by the Supreme Court of the United States, November the 29th, 1898, shall be countersigned by the referee having jurisdiction of the case to which the moneys so drawn against belong. Copies of this rule and of said General Order shall be furnished by the Clerk of this court to each depository within the district. Rule 9. It is Ordered, that the Referees in Bankruptcy of said court be, and are hereby vested with jurisdiction in all bankruptcy cases RULES — UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT. 1115 within the limits of their respective counties, to perform all the duties conferred on courts of bankruptcy, which Referees may be required or authorized to perform; except as otherwise provided by General Order in Bankruptcy, No. 12. Rule 11. The Clerk shall deliver to the referee a copy of the order of reference, or transmit the same by mail to the referees having their offices outside of the city of Los Angeles, and thereafter all proceed- ings, except such as are required by the bankruptcy act, to be had before the judge, shall be had before the referee, who shall fix the time when and the place where he will act upon the matters arising in the case. Rule 12. The petition for a discharge, or for a confirmation of a composition, must be filed with the Clerk of the court. There must also be presented therewith a report or certificate of the referee, to whom said case shall have been referred, that the bankrupt has in all things conformed to the requirements of the act, and that he has com- mitted none of the offenses and done none of the things prohibited in b of section 14, of the act, and that he is, in the opinion of the referee, entitled to his discharge. Rule 13. The order to show cause why a discharge should not be granted may be entered by the Clerk, or his deputy, and notice, stating the time and place of the hearing, must be given, as provided in section 58, of the act, as amended June 25, 1910, to all known creditors and other persons in interest, by mail, and publication once, at least thirty (30) days prior to said hearing. If no creditor or other party in interest appears and opposes, the discharge shall be granted. In case a creditor or other party in interest desires to oppose the granting of the discharge, he shall appear on the return day, and thereafter file a verified specification of the ground of his opposition, as provided in General Order 32. ADMIRALTY. Notice of Seizures and of Time and Place of Hearing. — The notice of seizures and of the time and place appointed for trial, and of the time assigned for the return of the process and hearing of the cause, required by section 923, R. S., and by Admiralty Rule 9, shall be published three times in some daily or weekly newspaper of general circulation in the city in which said trial or hearing will be had, and the first publication thereof shall be made not less than fourteen days before the day as- signed for such trial or hearing, and said notice shall also be posted in a public manner at or near the place of trial or hearing, at least four- teen days prior to the time thereof. 1116 RULES— SUPREME COURT AND DISTRICT COURTS OF APPEAL— CALIFORNIA. (Adopted January 16, 1912. In effect March 18, 1912.) Rule 1. Admission of Attorneys. — 1. Applicants for license to prac- tice as attorneys and counselors will be examined in open Court, by the Court authorized by law to act in that behalf, and at such regular times as such Court shall fix. Until further order the examination will be based upon the following books: Blackstone 's "Commentaries," Kent's "Commentaries," Greenleaf's "Evidence" (first volume),. Story's "Equity Jurisprudence," Gould's "Pleading," Lube's "Equity Pleading," Parsons on "Contracts," Pomeroy's "Introduc- tion to Municipal Law," Code of Civil Procedure, Civil Code, Constitu- tions of the United States and of the State of California. Persons applying for admission, whether upon examination or motion, must personally appear in Court at the time the application for admission is made. No applicant wull be examined unless there shall have been filed with the Clerk of the Court, before the day on which the applica- tion is made, a certificate signed by at least two attorneys of the Court, each of whom shall have been regularly engaged in practice as such attorney for at least four years next theretofore, stating, in sub' stance, that they have, and that each of them has, carefully and dili- gently examined the applicant touching the qualifications of such applicant in point of learning in the law; that it satisfactorily ap- peared to them, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the character of the attainments of the applicant, and also stating that, in their opinion, the" applicant possesses the requisite qualifications in point of learning in the law to be entitled to be admitted to practice. 2. Fee. — The fee for license must in all cases be deposited with the Clerk of such Court before the application is made, to be returned to the applicant in case of rejection. 3. Rejection. — Applicants must apply for examination to the Dis- trict Court of Appeal of the Appellate District in which they reside. Provided, that a person may make application and be examined and admitted in another Appellate District upon filing with his applica- tion a written statement showing good cause therefor, satisfactory to the Court to which he applies, accompanied by the written consent of the Presiding Justice of the Appellate District in which he resides. No person rejected shall be at liberty to renew his application in any Court earlier than six months after such rejection. Rule 2. Transcript. — 1. The appellant in a civil action shall within forty days after an appeal is perfected, except as hereinafter stated, RULES — SUPREME COURT OF CALIFORNIA. 1117 serve and file the transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the Clerk of the Court from which the appeal is taken. If a proceeding is pending for the settlement of a bill of exceptions or statement which may be used in support of such appeal, the time aforesaid shall not begin to run until the settled and authenticated statement or a bill of exceptions has been filed. When a party appealing from a judgment has given notice of motion for a new trial before perfecting said appeal, the time aforesaid shall not begin to run until the motion for a new trial has been decided, or the proceeding therefor dismissed. If the transcript for use on appeal is prepared under the provisions of section 953a of the Code of Civil Procedure and a notice is filed by the appellant re- questing a transcript of the phonographic report, the time for filing the transcript of the record on appeal shall not begin to run until such phonographic report is approved and certified by the judge or until the proceeding to obtain the same has been terminated in the Court below by dismissal or otherwise. An appeal from a judgment and from any order denying a new trial of the issue may in all cases be presented in the same transcript. 2. Evidence of Service. — Written evidence of the service upon the adverse part}^ of the transcript shall be filed therewith. 3. Extension of Time. — The time above limited may be extended by order, based on stipulation or afiidavit, showing good cause therefor. 4. Briefs. — Thirty days after the filing of the transcript, the appel- lant shall file with the Clerk his printed points and authorities, with proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the Superior Court. Within thirty days after the service of appellant's points and authorities, the respondent shall serve and file his printed points and authorities; and v/ithin ten days after service of respondent's points the appellant may serve and file a reply. In criminal cases the appellant shall file his points and authorities (with proof of service of a copy thereof on the Attorney General) within ten days after the filing of the transcript. The Attorney Gen- eral shall serve and file his points and authorities within ten days after service upon him of the appellant's points, and within five days thereafter the appellant may serve and file a reply. Such points and authorities may be either printed or typewritten. 5. E tension of Time on Briefs. — The time above limited for filing points and authorities shall not be extended except by order of the Court upon stipulation of the parties, or an affidavit showing good cause therefor. No brief shall be filed after oral argument except by special order. 6. Twenty-one Copies of Transcript and Points to he Filed. — The party wishing to file any printed paper shall prepare the oris^inal and twenty copies thereof. If such paper is to be filed in the District Court of Appeal, the original and three copies shall be filed therein, and the remaining seventeen copies shall be simultaneously delivered 1118 to the Clerk of the Supreme Court. If it is to be filed in the Supreme Court, the original must be accompanied by the twenty copies, unless it is an application to the Supreme Court for the hearing of a cause decided by the District Court of Appeal, in which case the party shall deliver to the Clerk of said District Court one copy for each Justice of said Court and file the original and seventeen copies in the Supreme Court. Papers not required to be printed are subject to these pro- visions if they are, in fact, printed. If not printed, they must be in typewriting, and (except as provided in the next succeeding para- graph) three copies must be filed with the original. A carbon copy must not be used for the original. In civil cases appealed under the provisions of sections 953a, 953b and 953c of the Code of Civil Procedure, and in criminal cases ap- pealed under the provisions of sections 1246, 1247, 1247a and 1247b of the Penal Code, the record upon appeal shall be prepared and transmitted to the Court to which the appeal is taken, in accordance with said sections; and no further copies of such record shall be re- quired. When such appeal is taken to the Supreme Court, or has been trans- ferred thereto from a District Court of Appeal, the record shall be kept in the San Francisco office of the Clerk of the Supreme Court. 7. Disposition of Papers. — Copies of all printed papers, points and briefs filed in any matter appealed, must be deposited with the Clerk of the Court from which the appeal is taken; and the copies so de- posited shall, by said Clerk, be delivered to the Judge who presided at the trial of the cause in the lower court. 8. Orders Extending Time. — The Chief Justice is authorized in the name of the Supreme Court to make orders in conformity to the stipu- lation of the parties, extending time for filing records and briefs ; and in other matters of mere routine pending in the Supreme Court. An order indorsed on the stipulation in the following form is sufficient : ''So ordered by the Court C. J." It is desirable that all stipulations should be expressed in terms as brief as may be consistent with clarity. The Chief Justice is also authorized in the name of the Court to make orders in State causes extending time to file briefs on application of the Attorney General. The presiding justices of the three District Courts of Appeal shall have similar authority as to causes pending in their respective courts. Rule 3. Indorsement on Transcript. — There must be indorsed upon the cover of the printed transcript the name of the county from which the appeal is taken, and also the name of the Judge of the Superior Court whose decision is presented for review and the names and addresses of the attorneys representing the parties to the appeal. Rule 4. Calendar for Oral Argument. — Thirty days before the com- mencement of a regular session the Clerk shall, unless otherwise ordered by the Court, place on the calendar for oral argument all cases which have been continued for such argument, and also, in the order RULES — SUPREME COURT OP CALIPORNIA. 1119 in which the transcripts were filed, all cases in which points and au- thorities are on file, and also all motions and original proceedings pending and not under submission. Cases in certiorari shall, after the record is brought up by the return, be subject to the same rules with respect to argument and submission as cases on appeal. Rule 5. Dismissal of Appeal. — 1. If the transcript of the record or appellant's points and authorities be not filed within the time pre- scribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion. If the respondent shall not file his points and authorities within the time allowed there- for, the cause may be submitted for decision upon the motion of the appellant, on notice thereof to the respondent. 2. If an appeal is attempted to be taken after the time limited by law, and papers are filed, either in the trial Court or in an Appellate Court, in pursuance of such attempt, such purported appeal may be dismissed on motion of respondent, supported by certificate of affi- davits, or both, as provided in Rule 6. Rule 6. Certificate of Clerk on Motion to Dismiss. — 1. On motion to dismiss an appeal for a failure to file the transcript within the pre- scribed time, there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment or order appealed from, the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears; the fact and date of filing an undertaking on appeal and that the same is in due form; the fact and time of the settlement of the bill of exceptions, or state- ment on appeal or reporter's transcript prepared under section 953a of the Code of Civil Procedure, if there be any the names of the attor- neys of the respective parties ; and also that the appellant has received a duly certified transcript, or that he has not requested the clerk to certify to a correct transcript of the record, or, if he has made such a request, that he has not paid the fees therefor, if the same have been demanded. 2. Affidavits. — On motion to dismiss the appeal on any other ground than the failure to file transcript within the prescribed time, the moving papers shall consist of the certificate of the Clerk of the Court below, as to any of the matters above mentioned, or of affidavits, or both such certificate and affidavits. 3. Service of Moving Papers. — Copies of the moving papers, except the transcript, shall be served with notice of the motion. Rule 7. Form of Transcript. — 1. All transcripts of record, except in criminal cases and civil cases coming under the provisions of section 953a of the Code of Civil Procedure shall be printed on unruled white writing paper, ten inches long by seven inches wide, with a margin 1120 on the outer edge not less than two inches wide. The printed pages, exclusive of any marginal note or reference shall be seven inches long and three and one-half inches wide. The folios, embracing ten lines each, shall be numbered from the commencement to the end, and the numbering of the folio shall be printed on the left margin of the page. Small pica, solid, is the smallest letter and most compact mode of com- position allowed. 2. Transcripts on appeal in civil cases, prepared" under section 953a of the Code of Civil Procedure, and the papers and transcript of the proceedings required to be sent to the Appellate Court in crim- inal cases, must be typewritten and the paper and the backs for bind- ing the same must not exceed ten inches in length and eight inches in width. The leaves must be bound together on the left-hand side in volumes of convenient size. The papers required to be sent by the Clerk under section 1246 of the Penal Code, and, in civil cases under section 953a, the papers constituting the ordinary judgment-roll, are here designated as the *' Clerk's Transcript," and the certified tran- scriptions of the phonographic reporter's notes required by section 1247a of the Penal Code, and by section 953a in civil cases are here designated as the '^ Reporter's Transcript." The respective papers in the Clerk's Transcript must be placed in chronological order, and if it is bound with the Reporter's Transcript, it must come first in order. The pages of the Clerk's Transcript and those of the Reporter's Tran- script must be numbered separately by consecutive numbers. The lines of each page must be numbered separately and consecutively. An index of each transcript must be inserted in the beginning thereof, referring to each document and to the page beginning the examination, cross-examination, redirect, and recall of each witness. Rule 8. Index and Arrangement of Transcript. — The pleadings, proceedings, and statement shall be chronologically arranged in the transcript, and each transcript shall be prefaced with an alphabetical index, specifying the page of each separate paper, order, or proceed- ing, and of the testimony of each witness; and the transcript shall have at least one blank flysheet cover. The chronological arrange- ment of the several parts of the transcript, and a strict compliance with the other requirements of this rule will be exacted of the appel- lant or party filing the record in all cases, whether objection by the opposite party be made or not ; and for any failure or neglect in these respects, which is found to obstruct the examination of the record, the appeal may be dismissed. Rule 9. Maps. — Whenever a map or survey or photograph forms a part of the transcript, it shall not be necessary to furnish more than one copy thereof, which shall be annexed to the transcript filed with and certified by the Clerk, and reference thereto shall be made in the other copies. Rule 10. Penalty for Nonconformity With Rules. — No transcript, or other paper or document, \vhieh fails to conform to the require- ments of these rules shall be filed by the Clerk. RULES — SUPREME COURT OF CALIFORNIA. 1121 Rule 11. Transcript, Service and Certificate. — Before the printed transcript is filed, a copy thereof shall be served upon the adverse party, and if there be more than one adverse party appearing by dif- ferent attorneys, upon the attorney of each party so appearing. If a party shall present to the attorney of the adverse party a transcript on appeal, in a civil cause, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect or refuse to join in such certificate, or, if deemed incorrect, shall neglect or refuse, for the same time, to serve upon the party making the request a written statement of the particulars in which the transcript is incorrect, or, upon the presentation of the transcript corrected in the particulars thus specified, shall still neglect or refuse for a period of two days to join in such certificate, the costs of procuring the certificate to such transcript from the Clerk of the proper Court shall be taxed against the party whose attorney so neglects or refuses. Rule 12. Clerk may Print Transcripts and Certify to Same. — 1. The written transcript, in civil causes, authenticated in the mode pre- scribed by Rule 11, together with sufficient funds to pay the expenses of printing the same, may be transmitted to the Clerk of the Court to which the appeal is taken. The Clerk, upon the receipt thereof, shall file the same and cause the transcript to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript furnished to him by the party; and said certificate shall be prima facie evidence that the same is correct. The said printed copy so certified shall also be filed, and constitute the record of the cause in said Court, subject to be corrected by reference to the written transcript on file. Printed copies thereof shall be furnished, as provided in Rule 2 ; and the Clerk shall also im- mediately transmit, by mail or express, copies to the attorneys of the adverse parties, and note such service on the original. 2. Points Where Clerk Prints Record. — The time for filing points and authorities, in cases where the record is printed by the Clerk, shall commence to run from the filing of the printed copy of the transcript. Rule 13. Cost of Printing. — The expense of printing transcripts on appeal in civil causes and pleadings, affidavits, or other papers constituting the record in original proceedings upon which the case is heard, required by these rules to be printed, shall be allowed as costs, and taxed in bills of costs in the usual mode. Rule 14. Suggestion of Diminution of Record. — For the purpose of correcting any error or defect in the transcript, either party may sug- gest the same in writing, and upon good cause shown, obtain an order that the proper Clerk certify to the Court in which the case is then pending, the whole or part of the record, as may be required, or may produce the same duly certified without such order. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion, except when a certified 71 1122 copy of the omitted record is produced at the time, must be accom- panied by an affidavit showing the existence of the error or defect alleged. Rule 15. Exceptions to Transcript. — Exceptions or objections to the transcript, statement, the bond or undertaking on appeal, the notice of appeal, or to its service, or any technical exception or objec- tion to the record in civil cases, affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken and notified to the appellant, in writing, at least five days before the hearing, or they will not be regarded; and when so noted, it shall be the duty of the appellant to present and file at the hearing of the cause such additional record, certificate, or other matter, if such there be, to re- move or answer the objection or exception so taken; otherwise such objection or exception, if well taken, shall prevail. Rule 16. Suggestion of Death of Party. — Upon the death, or other disability, of a party, pending an appeal, his representative shall be substituted in the suit, by proper proceedings for that purpose in the trial Court. Upon suggestion thereof and the presentation of a cer- tified copy of the order of substitution made by the trial Court, a like order of substitution will be made in the Court in which the case is pending on appeal, and the cause shall proceed as in other cases. Rule 17. Calendar. — Criminal causes shall be placed at the head of the calendar, and shall be followed by such other causes as are pre- ferred by law. Other causes shall be arranged on the calendar of the respective courts, as the Chief Justice of the Supreme Court, or the Presiding Justice of the District Court of Appeal, respectively, may direct. Rule 18. Printing of Points, etc. — In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper and in the same style and form (except the num- bering of the folios in the margin), as is prescribed for the printing of transcripts. Rule 19. Oral Argument. — No more than one counsel upon a side will be heard upon the oral argument, except when otherwise ordered ; but each defendant, or intervener, who appeared separately in the Court below may be heard through his own counsel, unless the Court other- wise order. The counsel for each party shall be allowed only one hour, unless an extension of time is ordered before the argument begins. Rule 20. Regular Sessions— Motions— Time of Notice.— 1. For the purpose of hearing motions of which notice is required to be given, the Supreme Court will be in session at San Francisco on the first Monday of each month at 10 o'clock A. M., except when the regular sessions at Sacramento and Los Angeles are held during the week beginning on that day. Motions may also be presented and submitted on the first day of each regular session of said Court at Sacramento and Los Angeles. RULES — SUPREME COURT OF CALIFORNIA. 1123 2. Each District Court of Appeal shall be in session for the hear- ing of causes at such times and for such periods as such Court may, by order, direct. Each of said Courts shall, by general order, pro- vide for a regular session for said purpose to be held at least once in each quarter. For the purpose of hearing motions, each District Court of Appeal shall be in session on the fourth Monday in each month at 10 o'clock A. M. 3. In all cases where notice of a motion is necessary, unless for good cause shown the time is shortentd by the Court or by the Chief Justice or Presiding Justice thereof, the notice shall be ten days. Rule 21. Opinion Transmitted With Remittitur. — When a case on appeal or certiorari is finally decided, a certified copy of the opinion in the case shall be transmitted with the remittitur, to the Court below, or to the tribunal whose record is reviewed. Rule 22. Copy for Service in Habeas Corpus. — Any person apply- ing for a writ of habeas corpus shall furnish with the petition a copy thereof for service upon the party to whom the writ shall be ad- dressed. Such copy shall be delivered to the officer with the writ for service, and shall be by him delivered to the party on whom service is made, with the writ. Rule 23. Costs. — In civil cases the Clerk shall not be required to remit the final papers until the costs are paid. In all cases in which the judgment or order appealed from is reversed or modified, and the order of reversal or modification contains no directions as to the costs of appeal, the Clerk will enter upon the record, and insert in the re- mittitur, a judgment that the appellant recover the costs of appeal. Rule 24. Dismissal of Appeal on Stipulation. — An appeal or writ of error may be dismissed at any time, upon and in accordance with the written stipulation of the attorneys of record of the respective parties. Such stipulation shall be accompanied by a certificate of the Clerk of the Court below, showing the names of attorneys of the re- spective parties and the date and character of the judgment or order appealed from. Upon and in accordance with such stipulation, and upon order of the Court, the Clerk shall enter such dismissal, and the remittitur shall issue thereon in accordance with the terms of such stipulation. Rule 25. Inspection of Original Papers. — When the inspection of an original paper, which was offered in evidence in the Court below, is shown to be necessary to a correct decision of the appeal, the Court may order the Clerk of the Court below to transmit such original paper, if in his possession, to the Clerk of the Court ; and if such paper be in the possession of a party to the action, he may produce the same on the hearing of the cause, or he may, upon motion and notice of the adverse party, be required to produce such paper on the hearing of the cause; and in default thereof, the Court will intend the paper to be, in all respects, as alleged by the opposite party. Rule 26. Reasons for Original Application to the Court to be Stated. — 1. When any application is made to the Supreme Court, or 1124 hillyer's legal manual. to a District Court of Appeal, for a writ of mandamus, certiorari, pro- hihition, procedendo, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and such application might have been lawfully made to a lower Court in the first instance, the affidavit or petition, in addition to the necessary matter requisite by the rules of law to support the application, shall also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from the Appellate Court to which such appli- cation is made, and not from such lower Court. The sufficiency or insufficiency of such circumstances, so set forth in that behalf will be determined by the Court in awarding or refusing the application. In case any Court, Judge, or other officer, or any board, or other tribunal in the discharge of duties of a public character, be named in the appli- cation as respondent, the affidavit or petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings. 2. Memorandum, of Authorities. — All ex parte applications for the issuance of writs in the exercise of original jurisdiction shall be type- written or printed, and filed with the Clerk of the Court to which such application is made, and the same shall be accompanied by a memo- randum of points and authorities in support of the application. 3. Return and Issuance of Writ. — Upon the return day of the alternative writ, the respondent may make return, either by demurrer or by answer, or by both. If the return be by demurrer alone and the demurrer is not sustained, the writ will be ordered to issue with- out leave to answer over, 4. Stay of Proceedings. — When an application is made for an alter- native writ, an order staying the proceedings of any Court or officer, until the return of the writ, will not be made unless due notice of the application for the writ shall have been given to all the parties inter- ested in the proceedings. Rule 27. Settlement of Bills of Exceptions on Death of Judge. — When the Judge before whom an action was tried is dead, or has been removed from office, or resigns, any unsettled bill of exceptions, or statement on motion for new trial therein, may be settled and certi- fied by his successor in office ; or, if he be disqualified, by a Judge of the same or an adjoining county. And when the Judge before whom an action was tried becomes disqualified, or is absent from the State, such bill of exceptions or statement may be settled and certified before a Judge of the same or an adjoining county. Rule 28. Rehearings and Opinions. — 1. All orders of the Supreme Court granting rehearings, or for hearing in bank causes decided in Departments, or for hearing in the Supreme Court after decision in a District Court of Appeal, shall be signed by the members of the Court assenting thereto, and filed with the Clerk. 2. Opinions Within Ninety Days After Submission. — Every opinion of the Supreme Court which shall have received the assent of a suffi- RULES — SUPREME COURT OF CALIFORNIA. 1125 eient number of the members of the Court to order the judgment therein directed, shall be filed within ninety days after the submission of the cause in which such opinion is written. 3. Filing of Opinions. — Opinions of the Supreme Court will be kept in the office of the Clerk in San Francisco. If the opinion is in a case submitted in another District, a certified copy thereof shall imme- diately be transmitted to the Clerk's office of such District, and there kept on file. Rule 29. Authentication of Papers. — In all cases of ,appeal from the orders of the Superior Courts, the papers and evidence used or taken on the hearing of the motion must be authenticated by incor- porating the same in a bill of exceptions, except where another mode of authentication is provided by law. Rule 30. Applications for Rehearing. — 1. Applications for a re- hearing of a cause by the Court rendering the judgment therein must be filed and a copy served on the adverse party, within twenty days after the judgment is pronounced. The adverse party may file an answer thereto not less than two days before the expiration of the time within which the rehearing can be granted. 2. The submission of a cause to a Department of the Supreme Court without oral argument shall be deemed to be a waiver of an oral argu- ment of the same in bank, if for any reason the same is thereafter ordered to be heard in bank; and when the order that the cause be heard in bank is made, the same shall be at once submitted for deci- sion, unless otherwise ordered by the Court. 3. Applications after a judgment of a District Court of Appeal has become final, for an order that the cause be heard and determined by the Supreme Court, must be accompanied by a copy of the opinion of the District Court of Appeal, showing the date of the filing thereof, and must be filed and a copy served on the adverse party, within ten days after the judgment of the District Court of Appeal has become final therein. The adverse party may file an answer thereto not less than ten days before the time for making such order for hearing in the Supreme Court will expire. 4. The time herein prescribed shall not be extended, and the Clerk must not file any such application or answer after the time therefor has expired. In civil cases such applications and answers must be printed. Rule 31. Applications for the Transfer of Causes. — Applications, before judgment, to have a cause pending in a Department of the Su- preme Court heard in bank, or to transfer a cause from the Supreme Court to a District Court of Appeal, or from a District Court of Appeal to the Supreme Court, or to another District Court of Appeal, must set forth briefly the questions involved in the cause and the reasons why it should be heard by the Court in bank, or transferred as re- quested, and must be made before the submission of the cause in the Court in which it is pending. 1126 hillyer's legal manual. Rule 32. Transfer of Appeals not Taken to the Proper Court. — When a District Court of Appeal decides that the appeal should have been taken to another District Court of Appeal or to the Supreme Court, it shall make an order to that effect, and the Clerk of such Court shall immediately transmit to such other Court all papers in the cause on file in his office, including the opinion of the Court upon which such order was made, and thereupon such cause shall be deemed to be duly transferred to the proper Court, according to such order, without further proceeding. Rule 33. Transfer of Causes, Records and Papers. — 1. When the Judges of a District Court of Appeal fail to agree on a judgment in any cause, and their opinions have been forwarded to the Supreme Court, thereupon, of its own motion, or upon suggestion of either party in open Court or in Chambers, the Supreme Court will order such cause transferred to the Supreme Court, or to another District Court of Appeal, to be there heard and determined. The order may be made by the Chief Justice, in the name of the Court. 2. When a cause is transferred to the Supreme Court, or to a Dis- trict Court of Appeal, for any cause except that it was appealed to the wrong Court, the Clerk of the Supreme Court must immediately send a certified copy of the order to the Court in which the cause was pending, unless it was pending in the Supreme Court. If it is trans- ferred from the Supreme Court, the Clerk must immediately send to the Court to which it is transferred all the written papers, all exhibits, and the original and three copies of all printed papers on file in such cause in his office, and must preserve the remaining printed copies for subsequent disposition. If it is transferred from one District Court of Appeal to another, or to the Supreme Court, the Clerk of the Court from which it is transferred must, on receipt of a copy of the order of transfer, send to the Court to which it is transferred all papers and records on file in said cause in his office, if the order is made before judgment ; if such order is made after judgment he must send all writ- ten papers and the original of all printed papers. The Clerk of the Supreme Court must also send to the Court to which the cause is transferred, if it is a District Court of Appeal, a certified copy of the order of transfer, and if the order is made upon a failure to agree upon a judgment, the opinions of the Judges, which have been forwarded to the Supreme Court. Rule 34. Remittiturs and Disposition of Copies. — 1. When a judg- ment of a District Court of Appeal becomes final therein, the remittitur shall not be issued until after the lapse of thirty days thereafter, unless otherwise ordered. 2. At the expiration of said thirty days, if no order for hearing has been made by the Supreme Court, the Clerk of the District Court of Appeal shall forthwith send to the Secretary of the Supreme Court, a copy of the opinion of the District Court of Appeal upon which such final judgment was given. RULES — SUPREME COURT OF CALIFORNIA. 1127 3. Thereupon the seventeen copies of the printed papers in such cause which are, in accordance with these rules, in the custody of the Supreme Court, shall be distributed as required by law and as ordered by said Court. 4. When a judgment of the Supreme Court, in a cause filed after these rules take effect, has become final, seventeen copies of the printed papers must be distributed as provided in subdivision 3 hereof. 5. When a cause, pending at the time these rules take effect, is, or has been, transferred to a District Court of Appeal for decision, there shall be sent to such District Court of Appeal all the written papers on file and the original and three copies only of the printed papers on file. If such cause is thereafter ordered to the Supreme Court or to another District Court of Appeal, all of said papers shall be transmitted to the Court to which the cause is transferred. Rule 35. Service on Attorney General Where State or County is Interested. — In all criminal cases, and in all other cases where the State or any officer thereof in his official capacity is a party, and in all cases to which any county may be a party, unless the interest of the county is adverse to the State or to some officer thereof acting in his official capacity, no transcript on appeal or brief on behalf of the State or of such county or officer whom the Attorney General is empowered to represent, shall be received or filed without proof of the service of such transcript or brief upon the Attorney General. On such tran- script or brief there shall not be printed the name of any person as attorney for the State or for such county or officer of the State, other than the name of the Attorney General, without an order of the Court or the written consent of the Attorney General first obtained. Rule 36. Bills of Exceptions in Criminal Cases. — 1. When a party in a criminal case desires to have a ruling therein reviewed on appeal, and no statutory method is provided for making such ruling a part of the record, he may present to the Judge who made the ruling, or his successor, a bill of exceptions, exhibiting such ruling and the necessary explanations, after serving a copy thereof on the adverse party. The adverse party may present to such Judge amendments thereto, after serving the same on the other party. The bill may be presented within thirty days after the ruling and amendments thereto within ten days after service of the proposed bill. The bill must thereupon be settled by the Judge, upon three days' notice to the parties, within sixty days after the ruling complained of, and when so settled it shall become a part of the record on appeal in such case. The Judge may, for good cause, shorten the respective periods hereby fixed. 2. Upon appeal, copies of such bill of exceptions shall, if requested by the appellant, be forwarded to the proper Appellate Court, as in case of other papers constituting the record on appeal. Rule 37. Transcript on Hearing in Supreme Court After Decision by District Court of Appeal.— -When a petition is filed in the Supreme Court for hearing of a cause decided by a District Court of Appeal. 1128 hillyer's legal manual. in which the transcript is prepared and filed as prescribed in sections 953a, 953b and 953c, of the Code of Civil Procedure, or in a criminal case, the Clerk of the Supreme Court shall immediately send notice that such petition has been filed to the Clerk of the District Court of Appeal in which the case was decided, who shall forthwith transmit to the Clerk of the Supreme Court the transcript of the record filed in such case. If the petition is not granted the Clerk of the Supreme Court shall return such transcript to the Clerk of the proper District Court of Appeal. If it is granted, such transcript shall be filed by the Clerk of the Supreme Court. Ordered, That the foregoing Rules be and the same are hereby adopted as the rules for the government of the Supreme Court and District Courts of Appeal of the State of California, and for the regu- lation of practice therein, and that they take effect on the eighteenth day of March, A. D. 1912, and that thereupon the Rules heretofore made be abrogated. January 16, 1912. Attest : B. Grant Taylor, Clerk. W. H. BEATTY, Chief Justice. F. M. ANGELLOTTI, Justice. LUCIEN SHAW, Justice. W. G. LORIGAN, Justice. HENRY A. MELVIN, Justice. M. C. SLOSS, Justice. F. W. HENSHAW, Justice. RULES OF PRACTICE— SUPERIOR COURT— SAN FRANCISCO. GENERAL. Rule 1. Departments. — The Superior Court will ordinarily hold as many sessions at the same time as there are Judges of the Court ; and for such purpose, and for the purpose of a more convenient classifica- tion and distribution of business, said Court is hereby divided into twelve Departments, numbered from one to twelve, inclusive. The presiding Judge shall from time to time designate certain de- partments of the Court for the hearing and disposition of criminal cases and proceedings, and shall designate one or more departments for matters of probate and guardianship, to which such matters in the first instance shall be assigned. All other Departments shall transact the general civil business of the Court, including such cases originally assigned to the probate De- partment as may be reassigned or transferred by the presiding Judge. Rule 2. Assignment and Transfer of Civil Cases. — All civil actions, matters and proceedings, except probate and guardianship matters, shall be assigned equally as may be among the several general civil Departments by the presiding Judge. Whenever the proper dispatch RULES — SUPERIOR COURT OF SAN FRANCISCO. 1129 of business shall so require, any case, if ready for trial, may, at the request of the Judge before whom, it is pending, be transferred to an- other Department by the presiding Judge. Rule 3. Drawing of Grand Jurors. — It shall be the duty of the pre- siding Judge to preside in person over the drawing and impanelment of all Grand Juries required by law or by the public interests to be drawn. Grand Jurors must in all cases be drawn from the list of Grand Jurors selected by the Judges of this Court, unless the Grand Jury box containing the names of jurors so selected shall be exhausted, without securing a Grand Jury. Rule 4. Motions — Where Made. — All motions connected with any case, whether ex parte or on notice, if made in open Court, shall be made in the Department to which the case has been assigned. If made at Chambers, all motions must be made to the Judge of that De- partment to which the case has been assigned, except in case of his absence or inability to act; and in such case the reason for applying to any other Judge must be shown. No m^otion or argument will be heard or entertained unless made by a duly licensed attorney of this Court. Rule 5. Law and Motion Days — Ex Parte Motions. — One day in each week shall be set apart by order of each Department to be known as ''Law and Motion Day." The Law and Motion Calendar shall con- tain all actions in which an issue of law is pending, motions for new trial and motions for judgments on the pleadings, on agreed statements of facts, or upon the findings of the Court or the report of a Referee ; also, all contested motions of which notice has been given to the Reg- ister Clerk on or before noon of the preceding day. Ex parte motions will be in order each day at the beginning of Court, but not afterward while the Court is engaged in the trial of a cause or the hearing of an argument. Rule 6. Notice of Motion — Service of Papers. — Where by statute, or by these rules, notice of motion is required to be given, copies of all papers to be used by the moving parties (except pleadings and other records of Court) shall be served with the notice of the motion. Copies of all counter-affidavits must be served before the hearing. The notice of motion shall specify the papers to be used by the mov- ing party and the grounds of the motion. An order to show cause shall be deemed a notice of motion within the meaning of this rule. Rule 7. Application for an Order Refused. — When an application for an order has been made to a Judge or to the Court, and refused in whole or in part, or granted conditionally or on terms, and a subse- quent application upon an alleged different state of facts shall be made, it shall be shown by affidavit what application was before made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown ; and, for the omission to comply with this requirement, any order made on such subsequent ap- plication may be revoked or set aside. 1130 Rule 8. Manner of Making Motions. — The manner of making mo- tions shall be as follows: 1. The moving party shall read the moving papers, or state the con- tents thereof. 2. The party opposing shall then read or state the con- tents of his opposing papers. 3. The counsel for the moving party shall then make his argument, to be followed by the counsel of the opposing party ; and the counsel for the moving party may, in the dis- cretion of the Court, reply. Not more than twenty minutes shall be allowed counsel on each side for argument of a demurrer or motion, except on motions for a new trial. The time may be extended in the discretion of the Court upon application before the commencement of the argument. Rule 9. Indorsements. — ^ITpon the hearing of any motion, the affi- davits used by either party shall be indorsed by the Clerk, "Used on the hearing," and filed. Rule 10. Order of Publication of Summons to be Filed. — Whenever an order of publication of summons is made, the order must be filed with the Clerk, within twenty-four hours after the same is made, and the publication of the summons under any such order must be com- menced within thirty days from the date of the order. Failure to pub- lish within the time specified in this order shall ipso facto vacate the order. Rule 11. Requisites of Cost Bill and of Objections Thereto. — A memorandum of costs, filed under the provisions of Section 1033, Code of Civil Procedure, must particularly specify the items of disburse- ments claimed ; and, where witness fees are included, the names of the witnesses must be set forth, w^ith dates of attendance on the Court. A notice of motion to retax costs must specify the items in the costs bill objected to and the grounds of objection thereto. Rule 12. Motion to Strike Out. — The party moving to strike out any portion of a pleading shall, in the notice of motion, distinctly specify the page and lines, or parts of lines, asked to be stricken out ; and such notice of motion must be served and filed within the statutory time to plead. And the pendency of a motion to strike out any por- tion of a pleading shall not enlarge the time to answer or demur with- out an order of the Court or a Judge thereof. Rule 13. Requirements as to Documents for Filing — Indorsements. All pleadings, petitions, statements and bills of exceptions, before being filed or served, shall be paged and lines numbered, and in all cases of more than one distinct cause of action, defense or counter- claim, the same shall not only be separately stated, but plainly num- bered. All documents and pleadings intended for the files of the Court shall be on white writing paper or legal cap, of good quality, and without interlineations unless noted by the Clerk at the time of filing ; and all matter shall be printed or written only on one side of the paper. All copies served shall correspond with the original in paging and lines. The office address by street and number of the attorney RULES — SUPERIOR COURT OF SAN FRANCISCO. 1131 appearing for a party filing any complaint, answer or demurrer, or notice of special appearance, must be indorsed upon such pleading or notice, if such attorney have an office in this city and county; other- wise, the name and place of residence of such attorney must be, in like manner, indorsed upon such pleading or notice. The character of the action shall be indorsed upon all complaints. Rule 14. Extension of Time. — No order extending the time within which any act is required by law to be done shall be made which, by its terms or in connection with any other order or orders or any stipu- lation, shall operate to extend such time more than thirty days beyond the time given by law. In case the time, within which any act is required by law to be done, is extended by stipulation, no extension of time shall afterward be granted by the Court or a Judge, which when added to the time already given by stipulation shall exceed thirty days; and the order shall correctly show upon its face the extensions of time previously given. Every such order shall be filed and served before 10 o'clock A. M. on the next judicial day. No extension of time exceeding two days shall be allowed by any Judge of this Court in cases pending in a department of the Court other than his own. Only one extension of time shall be thus granted, and any second application for time must be made either to the Judge in whose Department the case is pending, or in case of his sickness or absence, to the presiding Judge, and good cause therefor must be shown. Orders extending time for making or serving notice of a motion must specify the motion intended. When by order of the Court or by stipulation the time to plead has been extended ten days, no additional time exceeding two days shall be granted, except to answer. When a demurrer to a complaint is overruled, the time allowed for answering shall not exceed ten days, except upon showing good cause for granting further time. Rule 15. Application to Amend Pleadings. — In cases where the right to amend any pleading is not of course, the party desiring to amend (except when the application is made during the trial of a cause) shall serve, with the notice of application to amend, a copy of the pleading, with the amendment incorporated therein, or a copy of the proposed amendment, referring to the page and line of the plead- ing where it is desired that the amendment be inserted; and, if the pleadings were verified, shall verify such amended pleading or such proposed amendment before the application shall be heard. Rule 16. Substitution of Party in Case of Death or Other Dis- ability. — Upon the written suggestion of the death or other disability of a party to any pending action, by his legal representative or by any party to the action, an order shall be made substituting such repre- sentative on the record. 1132 A copy of said order shall be served on all parties to the action before any further proceedings are had therein. Rule 17. Jury in Equity Cases — When. — In equity cases and in all other cases where the right to a jury trial is not guaranteed by the law, if either party shall desire a jury trial, such party shall, after issue joined, give notice of a motion, to be made upon the pleadings, that the whole issue, or any specified questions of fact involved therein, be tried by a jury. With the notice of motion shall be served a copy of the questions of fact proposed to be submitted to the jury for trial, and in proper form to be incorporated in the order settling the issues to be tried by a jury. No suit or matter in equity, or other suit or matter in which the right to a trial by jury is not guaranteed by law, will be tried by a jury, unless the issues in such cause or matter have been settled as required by this rule. Rule 18. Setting Causes for Trial. — The Court may specially set causes for trial upon the written stipulation of the parties, or stipula- tion made in open court, or upon application of either party after two days' notice to the other party. Rule 19. Jury Fees. — Each party to the action not waiving a jury shall, at such time as may be by the Court directed, deposit jury fees with the Sheriff. The jurors shall be paid out of the moneys deposited, except where the amount recovered is less than three hundred dol- lars. If, in any trial in a civil action, a jury be for any cause dis- charged without finding a verdict, the fees of the jury shall be paid by the party not waiving a jury, but may be recovered as costs if such party afterward obtains a judgment. Any party or parties waiving a jury in the manner provided by law shall not be required to deposit jury fees as herein provided. (In effect July 1, 1908.) Rule 20. Proposed Instructions to Juries. — (a) Instructions re- quested by any party must be presented to the Court before the intro- duction of evidence. In the exercise of a sound discretion, however, the Court may, up to the time that the argument commences, grant an application for permission to present additional proposed instructions. (b) Each proposed instruction shall be typewritten on legal cap sheets of blank paper of uniform size. (c) One sheet shall contain the title of the Court and cause, with the designation "Proposed Instructions to the Jury" filled in, and be signed by the counsel. (d) The sheets shall not be numbered by the parties. (e) The proposed instructions shall not be numbered by the parties. (f) Each proposed instruction shall begin at the top of a sheet. (g) Each proposed instruction must relate to one subject only. (h) The sheets shall be placed in a cover, properly indorsed, and secured by a temporary fastening. And RULES — SUPERIOR COURT OF SAN FRANCISCO. 1133 (i) The proposed instructions shall be handed to the Judge person- ally, and thereupon a copy thereof delivered to the other party or par- ties to the action or proceeding. (j) All instructions to juries will be settled between Court and coun- sel before argument to jury begins. Rule 21. Agreements Between Parties or Their Attorneys. — No agreement or consent between the parties or their attorneys, in respect to the proceedings in a cause, the purport of which is disputed or denied, will be regarded by the Court, unless the same shall have been made or assented to in open Court and entered in the minutes, or unless the evidence thereof shall be in writing, subscribed to by the party against whom the same may be alleged, or by his attorney. Rule 22. Order of Examination of Witnesses and Summing Up on Trial of Issues of Fact. — On trial of issues of fact only one counsel on each side shall examine or cross-examine a witness, unless the Court shall otherwise direct. The party having the affirmative shall be entitled to begin, and shall, before introducing his testimony, open his case by stating generally what he expects to prove. The other party may then state what he expects to prove. After the testimony is closed, the party holding the affirmative may address the jury, and shall, if desired by the opposite party, read and refer to his authorities and state his points ; the party holding the negative of the issue may then sum up his case, and the party holding the affirmative may close. Not more than one hour on each side will be allowed for the argu- ment of a cause, unless the Court shall otherwise order. Rule 23. When Counsel not to Argue or Sum Up to the Jury. — If the attorney or counsel of either party offers himself as a witness on behalf of his client, and gives evidence on the merits, on the trial, he shall not argue the case or sum it up to the jury, unless by consent of the opposite party or permission of the Court. Rule 24. Counsel to Furnish Form of Decree and of Proposed Find- ings. — The counsel obtaining any order, judgment or decree shall be required to furnish the form of the same. Immediately on the termination of the trial of a case before the Court, or earlier if directed by the Court, the respective parties shall furnish the Court with the form of proposed findings of facts. Rule 25. Order Staying Proceedings to be Served. — ^Any order to stay proceedings shall be served within forty-eight hours from the time when made, or the same shall become inoperative, unless the Judge making the order shall otherwise direct. Rule 26. Writ of Attachment— How Issued.— The Clerk shall in- dorse upon every affidavit and undertaking filed to procure a writ of attachment, pursuant to the Code of Civil Procedure, the hour and minute of the day such affidavit and undertaking are filed, and the writ shall be issued thereon according to such indorsement. 1134 hillyer's legal manual. Rule 27. Undertaking on Attachment. — The undertaking required before issuing a writ of attachment, in any action, shall be in an amount equal to at least one-half of the amount claimed by the com- plaint, but it may be increased or diminished by the Court, upon proper notice, for cause shown. Rule 28. Filing of Order and Affidavit of Arrest.— The Sheriff shall file with the Clerk a return containing copies of the affidavit and order on which any arrest is made, within ten days after the arrest. Rule 29. Divorce Proceedings. — In all cases of divorce, the at- torney appearing for a defendant not personally served within the jurisdiction shall file with the Clerk satisfactory evidence to the Court of his authority to act for such defendant. In cases of default, when the case is referred to a Referee or Com- missioner to take the testimony, the Referee or Commissioner shall cross-examine the witnesses fully, and report such cross-examination in full. Rule 30. Testimony in Divorce Cases. — No officer of the Court with whom the proceedings in an action of divorce are filed, or before whom the testimony is taken, nor any clerk of such office, either before or after the termination of the suit, shall permit a copy of any of the tes- timony, or of the substance thereof, to be taken or to be inspected or read by any person other than a party, or the attorney or counsel of a party, who has appeared in the case, without a special order of the Court. Rule 31. Cancellation of Instruments by Clerk. — In all cases in which a judgment is entered upon a written instrument, the Clerk shall, at the time of entering judgment, note over his official signature, across the face of the instrument the fact of the entry of the judgment and its date, with the name of the Court, and return the instrument to the party in whose favor judgment is rendered. Rule 32. Guardian of Infant Defendant. — Every attorney of the Court shall act as guardian of an infant defendant whenever appointed for that purpose by an order of the Court. He shall examine into the circumstances of the case so far as to enable him to make the proper defense, and shall be entitled to such compensation as the Court may deem reasonable. Rule 33. Referee, Commissioner, or Bond of Guardian ad Litem. — No Referee, Commissioner, or guardian ad litem shall receive any money or property, unless the order of his appointment specifically confers upon him power to receive such money or property; and no order shall be made in any case conferring such power until he has given security by bond conditioned for the faithful discharge of the duties of his trust, in double the amount of such property or money, with two sureties, who shall justify as in other cases. Said bond shall be approved by the Judge of the Court before whom the cause is pend- ing, or the presiding Judge, and filed with the Clerk. RULES — SUPERIOR COURT OF SAN FRANCISCO. 1135 In default of such bond, all such money shall be deposited with the Clerk of the Court, and shall be by said Clerk deposited with the County Treasurer as in other cases. Rule 34. Termination of Life Estate or Homestead. — ^For the rule of procedure in actions in disposition of homesteads, under Section 1723, C. C. P., see Probate Rule 19. Rule 35. Commissions and Interrogatories. — The party desiring to issue a commission shall, within five days after the order allowing a commission, present the direct interrogatories desired to be pro- pounded to the Judge for settlement and allowance, and shall give no- tice of such presentation two days prior thereto, naming therein the day, hour and place where the same will be presented; and, if the opposite party desires to have cross-interrogatories propounded, he shall prepare the same and notice the same, upon a notice of two days, for settlement within five days after the direct interrogatories have been settled and allowed. If notice of the settlement of cross-interrogatories shall not be given, as aforesaid, the right to join in the commission shall be deemed waived. Rule 36. Stipulation Concerning Rules. — ^I^arties may by stipula- tion waive any right secured to them by these rules except as herein- after provided, tut such rules as are prescribed to facilitate the convenient dispatch of the court's business cannot be suspended by such stipulation. Rule No. 33, providing for the giving of security by guardians, com- missioners, etc., shall in no case be modified or suspended. Rule 37. The Selection, Drawing and Impanehnent of Trial Jurors. 1. In the month of January of each year the Judges shall select the names of at least twenty-four hundred persons to serve as trial jurors in the Superior Court for the ensuing year. Each Judge shall person- ally select one-twelfth of the required number. The duty of selection must not be delegated to any other person. Each Judge shall deliver to the presiding Judge the list of names selected by him, duly certified to be a list personally selected by him. The lists shall then be attached together and filed in the office of the County Clerk. 2. Upon receiving the lists, the Clerk shall write down the names contained thereon, on separate pieces of paper of the same size, shape and appearance ; fold each piece so as to conceal the name thereon and deposit the slips in the ''trial jury box," after having taken therefrom and destroyed the names remaining over from the last preceding year. Said box shall be kept locked. There shall be but one key for the same, which must be kept in the custody of the presiding Judge, who shall deliver the same to the Judges of the different departments when- ever necessary for the transaction of the business of the Court. 3. Whenever the business of any department shall require the attend- ance of a trial jury, and no jury is in attendance, the Court through the Judge of said Department shall make an order directing a trial 1136 hillyer's legal manual. jury to be drawn and summoned to attend before the Court in such department. The order shall specify the number of jurors to be drawn, and the time at which the jurors are to attend. The *' trial jury box" must then be brought into the Department by the Clerk and opened by the Judge presiding in the Department. Thereupon the Clerk shall proceed, in the presence of the Court, to draw the names of jurors from the box and conduct the drawing pursuant to the re- quirements of the Code of Civil Procedure. 4. Whenever the names of trial jurors for any Department shall have been drawn pursuant to the provisions of Subdivision 3, the Clerk shall deliver a certified list of the jurors so drawn to the Sheriff, who must serve written notice upon each of them to attend the Court in the Department and at the time specified by the Court. The Sheriff shall not, nor shall any of his deputies, excuse any juror from attending. If the Sheriff or any of his deputies shall intentionally fail to serve any juror with notice, or advise or induce a juror not to attend or shall falsely return that a juror cannot be found, he shall be deemed guilty of contempt of court. 5. When the jurors have appeared in obedience to the notice served upon them by the Sheriff, none shall be excused unless for good cause shown. Applications for excuse will not be heard in Chambers or at any place other than in open Court, while the Court is in session. All excuses and reasons therefor and the names of the jurors excused shall be entered by the Clerk in his minutes. 6. A Judge of one Department will not request a Judge of another department to excuse a juror from serving. 7. No official, deputy official, or other person, shall request a Judge of this Court to excuse from jury duty any person whose name has been drawn as a juror. 8. Those jurors who have not been excused shall constitute the reg- ular panel of the department. The Clerk shall write their names upon separate slips of paper of uniform size, shape and color ; fold such slips so that the names are concealed and so that no slip can be identified or distinguished from another, and then, in the presence of the Court, deposit the slips in the "department jury box," lock the same and deliver the key to the Judge presiding in the Department, who shall be the exclusive custodian of the same. 9. Whenever a jury case is called for trial, the Judge shall open the ''department jury box"; the Clerk of the Court shall thereupon shake the box, and draw the names of the jurors therefrom one at a time until the jury is completed. After each name is drawn from the box, the Clerk must shake the box so as to thoroughly mix the slips therein before taking out another name. The drawing of names of jurors shall be done by the Clerk in the immediate view and under the sur- veillance of counsel engaged in the trial of the case. 10. All notices served by the Sheriff on jurors pursuant to the re- quirements of Subdivision 4 and Section 225, C. C. P., shall have printed thereon Section 201, C. C. P., and Subdivisions 4, 5, 6, and 7 of this rule. RULES — SUPERIOR COURT OF SAN FRANCISCO. 1137 Rule 38. Papers on Appeal — When to be Filed — Dismissal. — In all Civil Cases appealed to this Court, the papers on appeal shall be filed with the Clerk within forty (40) days after the undertaking on ap- peal is filed with the Clerk of the Justices' Court. If not so sent up and filed within the time above limited, the respondent may move to dismiss the appeal, after giving two days' written notice to the appel- lant, and thereupon said appeal shall be dismissed unless said papers be actually on file at the time said motion is called for hearing. In that event said motion shall be denied, but the Court may impose terms. Rule 39. Bonds by Corporations as Sole Surety. — No undertaking or bond executed by a corporation as sole surety will be hereafter ap- proved unless a copy of the certificate issued to such corporation by the Insurance Commissioner of this State be filed with the Clerk of this Court, together with a copy of the authority of the officer or agent executing the same. In all cases the restrictions, prohibitions, obliga- tions, conditions and requirements as to the justification enforced under or imposed by the laws of other States upon surety corporations of this State will be imposed and enforced in like manner upon cor- porations of such other States before they will be accepted as sureties in any action or proceeding in this Court. Attorneys Requested not to be Sureties. — It is the request of the Court that no practicing attorney of this Court, or municipal or county or city and county officer, shall be received as surety on any bond or undertaking to be approved by this Court or a Judge thereof in any proceeding in this Court. Rule 40. Certificate of Counsel to Accompany Demurrer. — ^All de- murrers will be accompanied by a certificate of counsel that the de- murrer is not filed for delay, and in the opinion of counsel is well taken by point of law ; provided that in the absence of such certificate, or if the Court shall believe that the demurrer was filed for delay, costs will be imposed in the amount of Ten ($10.00) Dollars, as a con- dition for leave to answer. Rule 41. Chamber Business. — ^For the purpose of transacting busi- ness designated by Section 166 of the Code of Civil Procedure as busi- ness that may be transacted in Chambers, each Judge of the Superior Court shall attend, in Chambers, or in open Court, at least fifteen min- utes in advance of the time set for the regular sessions of such Court on each day. The members of the bar are requested to transact busi- ness designated by Section 166 of the Code of Civil Procedure during the time above fixed for hearing the same in advance of the regular sessions of the Court, in order that the Court and persons having busi- ness before it may not be unnecessarily delayed in taking up and disposing of matters appearing on the regular daily calendars of the Courts. 72 1138 hillyer's legal manual. PROBATE. Rule 1. Counsel Fees. — Applications for allowance of counsel fees must be made in Court, and will not be heard in Chambers. Attorneys are required to present with their applications a summarized and veri- fied statement in writing of services rendered. This should be filed and preserved as a record in the proceeding. This statement should be a condensed narrative of substantial sier- vice rendered, and not a mere skeletonized semblance, and it should be verified by the attorney himself. Notice should also be given to all parties in interest. The time for passing upon such applications is on the occasion of settlement of accounts of administrator or executor or guardian. Rule 2. Appointment of Appraisers. — In the matter of the appoint- ment of appraisers, attorneys may nominate to the Court for appoint- ment one person, and no more, subject to the Court's approval. Rule 3. Admonition to Appraisers. — The attention of appraisers is especially called to the provisions of the law governing them in the discharge of their duty. (Part 3, Title 11, Chapter 4, Article 1, Code of Civil Procedure.) The compensation of appraisers is limited to $5 for every day actually and necessarily employed in the appraisement. No ''constructive" charge will be allowed. In case no charge be made and compensation is waived that fact must be noted in the return of the appraisers. See Statutes 1893, pp. 196, 197; C. C. P., sec. 1444. In all proper cases the discretion of the Court may be invoked to appoint competent appraisers to act without compensation. Rule 4. An Itemized Account Necessary. — The attention of ap- praisers is also directed especially to the necessity of making an itemized account of their charges and disbursements. Day and date must be given in every instance. It is enjoined upon the appraisers appointed by the Court, to preserve data in detail of their charges and annex the same to their report. Rule 5. Appointment of Special Administrators. — Application for letters of special administration will be heard only in open Court, upon petition, and such notice as may be practicable must be given in all cases. Rule 6. Provision for Payment of Stenographer. — No case will be reported by the official stenographer except upon request of counsel and upon proper provision for payment of per diem and costs of tran- scribing. Rule 7. Family Allowance and Homestead Applications. — Appli- cation for family allowance or for selecting or setting apart a home- stead will be heard only after notice of a specially appointed day of hearing previously fixed by order- of Court ; which notice shall be not less than three days as to family allowance applications, and not less than ten days as to applications for homesteads. The manner of notice shall be (1) by posting, as provided with respect to an application for the settlement of an account, and also (2) by written notice served upon the attorney for the administrator RULES — SUPERIOR COURT OF SAN FRANCISCO. 1139 or executor, and upon the attorney of any person who has appeared or given notice of appearance (by an attorney) in the estate as heir, legatee, devisee, next of kin, or creditor, or as otherwise interested. The notice, other than posting shall be governed by the rules pre- scribed in sections 1010 to 1015 of the Code of Civil Procedure. {Kearney vs. Kearney, 72 Cal. 593.) Rule 8. Form of Orders to be Approved by Opposing Parties. — In all contested cases, whether or not adverse pleadings are filed, where the contestant or opposing party appears by attorney, the order of Court — unless it be a minute order only — shall as to its form be ap- proved hy the attorney of the contestant or party opposing; other- wise, the matter of the form shall be argued or the objections pre- sented without argument as the Court may direct. Rule 9. Notice Required of AH Applications — Exceptions. — No ap- plication for an order or a decree — whether ordinarily deemed an ex parte matter or otherwise — shall be heard except upon the written notice of the hearing first given to the attorney of every person who has appeared or given notice of appearance (by an attorney) in the estate, as heir, legatee, devisee, next of kin, or creditor, or as otherwise inter- ested ; and this enumeration shall include the administrator or executor when he is not the applicant. The period of said notice shall be de- termined by the Court in each case, and with an endeavor to uni- formity as to cases of the same kind or class. This rule shall not apply to applications for orders of publication of notice to creditors or decrees establishing that due and legal notice to creditors has been given, or orders fixing a day of hearing of an application, or decree of final discharge, or orders similar in character. Rule 10. Rules of C. C. P., 1010-1015, to be Applied in All Cases.— The provisions of Sections 1010 to 1015 shall govern and must be followed in all cases as to every person claiming to be interested in an estate or guardianship matter who has appeared by attorney or has given notice of appearance by attorney. This rule of practice will not be dispensed with in any case ; nor shall the rule be suspended in any instance except upon good cause appearing to the Court, founded upon affidavit specifying the particular facts and reasons, and such other evidence as the Court may require. Rule 11. Requirements as to Sureties on Bonds. — In all cases where bonds are required (by the statute or order of Court), the pro- posed sureties must appear before the Judge and be examined by him as to their status and sufficiency ; or an affidavit by each of them must be presented and passed upon, which affidavit shall set forth such par- ticulars as to their assets and the values thereof as may be prescribed by the Court. Rule 12. Notice as to Applications for Special or General Letters. All applications for special or general letters of administration must give the special address of any heir resident of San Francisco and if such special address is not known that fact must be stated. Before 1140 general or special letters are granted it must be shown to the Court that such locally resident heir has had notice of the application. Rule 13. Requirements as to Particularity of Inventory and Ap- praisement. — Where land inventoried is improved, particulars as to the nature and description of the improvements must be given (e. g., ''The improvements on said parcel of realty consist of a two-story frame dwelling with basement known as No. street")- The land and the improvements thereon must be separately valued, and the total of the separate values carried out as the appraisement of the land and premises. Where land is unimproved that fact must be stated. Where there is a mortgage existing against property (real or per- sonal) that fact, with the amount, name of the mortgagee, and date and place of recordation must be stated. Moneys belonging to a de- cedent must be identified by a statement as to the custody of the same, and if deposited in bank, the name of the bank with the exact title or designation of the deposit account. Rule 14. Filing of Affidavit as to Notice to Creditors. — When pub- lication of notice to creditors is completed, the administrator or ex- ecutor must file without delay the affidavit of such publication re- quired by law (C. C. P., sees. 2010, 2011, cum sec. 1492.) Rule 15. Particularities as to Accounts and Final Accounts. — In all accounts, or in a report accompanying the same, it should appear whether or not moneys received by the administrator or executor, or coming under his control, have been deposited in any savings bank (or other bank giving interest on moneys deposited) ; or otherwise invested at interest; and if not, the reasons therefor. In this con- nection any existing investments of the decedent at the time of his death should be stated and described, and the changes or transforma- tions of same (if any). Interest, dividends, or income received or declared on property sub- sequent to the decedent's death should not be stated in a lump sum only, but particulars of the same should be given, namely: (1) the date of receipt of each separate item of interest, dividend or other income (such as rents), (2) for what period, (3) upon what particu- lar property, and (4) from whom received. In all final accounts (C. C. P., sec. 1634), whether or not a peti- tion for distribution is filed therewith, the legal commissions of the administrator or executor must not be stated in the aggregate only, but the particulars of the calculation proving such aggregate sum must be set forth. For example: ''Legal Commissions of Administrator (or Executor) upon the total 'amount of estate accounted for'^ (C. C. P., sec. 1618), $21,000 as follows: 1 For commissions of administrators under present law see page 975. RULES — SUPERIOR COURT OF SAN FRANCISCO. 1141 7 per cent on $ 1,000.00 $ 70.00 5 per cent on 9,000.00 450.00 4 per cent on 10,000.00 400.00 3 per cent on 1,000.00 30.00 $21,000.00 $950.00 $950.00 Amount of estate, $903,011.37. On $ 1,000.00 @ 7 per cent $ 70.00 On 9,000.00 (5) 5 per cent 450.00 On 10,000.00 0) 4 per cent ' 400.00 On 30,000.00 (§) II/2 per cent 450.00 On 50,000.00 (a) 1 per cent 500.00 On 803,011.37 @ 1/2 per cent 4,015.05 Commissions, $5,885.05 Distributed in kind ; half commissions on all estate above $20,000.00" Rule 16. As to Disbursement Items in Accounts. — Each item of dis- bursement in every account should indicate the number of the voucher for such item, the particular voucher to bear the corresponding number. Rule 16a. Notice to be Given Treasurer of the Hearing of Matters Involving the Inheritance Tax. — Written notice of the hearing of peti- tions for partial distribution and for final distribution shall be given to the Treasurer of the City and County of San Francisco at least five days prior to the hearing thereof in all estates where no appraisement has been had und^er the provisions of the inheritance tax act, approved March 20, 1905, and proof of the giving of such notice shall be made before such hearing is had; unless the receipt of the Treasurer evi- dencing payment of said tax is produced at such hearing. Rule 17. Bonds on Partial Distribution to be Filed. — Bonds given and approved on partial distribution (C. C. P., sees. 1661, 1663), or a copy thereof certified as correct by the attorney for the admin- istrator or executor, should be filed in the matter of the estate imme- diately after approval, as a record for the information and protection of the Court and persons interested (C. C. P., sec. 1662; end of sec. 1663). Rule 18. Requisite of Proper Service of "Citations.*' — In all proceedings upon which ''Citations" are required to be issued, the service of the issued citation must be accompanied by service of a copy of the petition, application, or other paper upon which the issu- ance of the "Citation" is founded or ordered. Rule 19. Rules 9, 10, and 12 as Applicable to Specific Sections of Probate Statutes — Notice as to Accounts of Trustees — ^Disposition of Life Estates and Homesteads — Petitions for Letters of Guardianship of Minors or Incompetents — Restoration to Capacity. — In the proceed- 1142 HILLYER^S LEGAL MANUAL. ings provided for in Sections 1699, 1723, 1747, 1763 and 1766 of the Code of Civil Procedure, the Court requires and will exact in addition to the statutory notice, the service of written notice as prescribed in Rules 9, 10, and 12 hereinabove, which rules shall be deemed ap- plicable to said proceedings under C. C. P., Sections 1699, 1723, 1747, 1763 and 1766, and for the purposes of this Rule the petition or initia- tive paper in such proceeding shall set forth the name and special address (so far as known or ascertainable) of every person interested in such proceeding who is a resident of the City and County of San Francisco, in furtherance of any special statutory requirement. Rule 20. Requisites upon Applications for Decree of Discharge. — Application for a decree of final discharge (C. C. P., sec. 1697), or other discharge, must be accompanied by the written receipts of the distributees of the estate, or other parties entitled, the payment or delivery of the property to whom is the basis of the application. The signatures to such receipts must be authenticated by a subscribing witness, or acknowledged before an official authorized to take acknowl- edgments of writings ; reserving the necessity in any given case of such special proof of the fact of payment as may be required by the Court. Such receipts must be filed at the time of filing the decree. Such appli- cations must also be accompanied by the original order or decree under which the payments or delivery of property were made ; provided, how- ever, that where such order or decree distributes real property, and nothing more, the requirements of this rule may not or may be ap- plicable as shall appear to the Court. Rule 21. Guardianship Proceedings — Rules 13, 15, 16, and 20, as Applicable to Guardianships. — The requirements of Rules 13, 15, 16, and 20, above, apply as to Inventories and Appraisements, and Account- ings, and Applications for Discharge, in guardianship proceedings (C. C. P., sec. 1754, subds. 1, 3; sees. 1758, 1773, 1774, 1794, 1795, 1799, 1801, 1802, 1805, 1808) ; excepting that the provision of Rule 15 as to "com- missions" of an administrator or executor does not apply to guardians (C. C. P., sec. 1776). Rule 22. Rules 8-11, 17-19, as Applying to Guardianships. — Rules 8 to 11, 17 to 19, shall apply to guardianship proceedings (C. C. P., sees. 1747-1810), unless the theory of any of such rules shall in the particular case appear to be inapplicable. (C. C. P., sec. 1808.) Rule 23. Interest on Deposits by Public Administrator. — When- ever the Public Administrator deposits the money of any estate upon which he is administering with any corporation authorized to do business under the act of April 6, 1901, and the act of 1897 amenda- tory thereof (Amendments and Statutes of 1897, p. 424), he shall, at the time of opening his account with such corporation, make an agreement with the corporation that such money shall bear interest at the rate currently paid by savings banks of the City and County of San Francisco upon ordinary deposits, subject to such reasonable con- RULES — SUPERIOR COURT OF SAN FRANCISCO. 1143 ditions to be approved by the Court as may be required by such corporation. REQUIREMENTS OF CERTAIN ORDERS IN PROBATE. It is recommended to practitioners in probate to set out in their orders admitting a will to probate or appointing an administrator a brief description of the property, segregating the real from the per- sonal estate. Where land is improved, the nature and description of the improve- ments should be given (e. g., ''The improvements on said parcel of realty consist of a two-story frame dwelling with basement known as No Street"). The value of the improvements thereon should be separately estimated, and the total of the separate values carried out as the estimated value of the land and premises. Where land is unimproved, that fact should be stated. Where there is a mortgage existing against property (real or personal), that fact, with the amount, name of the mortgagee, and date and place of recordation should be stated. Money belonging to a decedent should be identified by a statement as to the custody of the same, and if deposited in bank, the name of the bank with the exact title or designation of the deposit account. In all orders of sale and confirmation, as well as in orders appoint- ing an executor or administrator, the names of the witnesses examined should be recited and the names of the attorney or attorneys actually appearing at the hearing should be inserted in the orders. The name and office address of the attorney or attorneys of record should also be indorsed on each paper filed. CRIMINAL. Rule 1. Bonds. — Hereafter, in this department of the Superior Court, bonds will be approved only in open Court or in Chambers, and during the hours that the Court is in session. When any bond is sub- mitted for approval, the sureties must be present and the Judge exam- ine them. In case any surety proposed is not personally known to the Judge of the Court, satisfactory evidence of his identity must he fur- nished. In all cases the testimony of the sureties upon their examina- tion touching their qualifications as sureties will be taken down in shorthand by the official reporter of the Court and reduced to writing, and, if the bond is approved, must be signed by the sureties. The bond must be in the usual form and must contain a sufficient description of the property of the sureties, a statement of its value, and a statement as to whether there are any encumbrances upon it or not. Rule 2. • Motions. — Motions for new trial or in arrest of judgment must be made on the day fixed by the Court in rendering judgment in the case. Rule 3. Motion to Reduce Grade of Ofifense.— The Supreme Court of this State has held that, when the testimony in a criminal case 1144 hillyer's legal manual. has been taken down and returned by the committing magistrate, the responsihility is thrown upon the District Attorney to determine therefrom the offense to he charged. People vs. Lee Ah Chuck, 66 Cal. 665; People vs. Vierra, 67 id. 234 ; People vs. Giancoli, 74 id. 646. It thus appearing to be the plain duty of the District Attorney to determine from the testimony taken at the preliminary examination, a7id in advance of the filing of an informxition, what offense has been committed, the Court will not hereafter entertain any motion to reduce the grade of the offense of which any person stands charged, whether the same he a higher or lower grade of offense than that for which the accused person has heen held to answer hy the committing magistrate, but, on the contrary, law matters excepted, will send every case to a jury upon the charge preferred in the information, save only when the accused person has pleaded ' ' guilty as charged. ' ' RULES— SUPERIOR COURT— LOS ANGELES COUNTY. Rule 1. Departments. — The Superior Court will, ordinarily, hold as many sessions at the same time as there are Judges of the court; and for such purpose, and for the purpose of the more convenient classification and distribution of the business, the court is hereby divided into twelve Departments, and the Judges thereof are assigned to the several Departments as follows : Department One J. P. Wood Department Two James C. Rives Department Three Frederick W. Houser Department Four Frank C Finlayson Department Five Nathaniel P. Conrey Department Six Charles Monroe Department Seven Gavin W. Craig Department Eight Curtis D. Wilbur Department Nine Walter Bordwell Department Ten George H. Hutton Department Eleven Frank R. Willis Department Twelve Paul J. McCormick Rule 2. Interchange of Judges. — The Judges of the Departments will interchange w^ith each other, or act for each other, on request, or on the failure of either one of the Judges to attend at the time the Department of the court in which he shall preside should be opened and held by such Judge. Rule 3. Organization of Business — 1. Presiding Judge. — The divi- sion of the business of this court among its various Departments shall be supervised by one of the Judges, who shall be known as the pre- RULES — SUPERIOR COURT OF LOS ANGELES. 1145 siding Judge. The presiding Judge shall serve for the term of one year, commencing on the first day of May of each year, and the Judges of this court shall serve as such presiding Judge in the following order: George H. Hutton until May 1st, 1912, and thereafter in turn in the order herein enumerated, viz. : Frank R. Willis, Paul J. Mc- Cormick, J. P. Wood, James C. Rives, Frederick W. Houser, Frank G. Finlayson, Nathaniel P. Conrey, Charles Monroe, Gavin W. Craig, Curtis D. Wilbur, Walter Bordwell, George H. Hutton. The names of new Judges shall be added to the above list alphabetically in the order of their accession to the bench. Any Judge may be relieved from the duty of so serving as presiding Judge upon his application to and consent of a majority of the Judges. As cases are filed the presiding Judge shall assign them to appro- priate Departments of the court. He shall keep watch over the condition of the trial calendars of the court and shall readjust the assignment of causes at issue, at or before the time of trial thereof, in such manner as best to dispose of the business. He shall attend in Chambers during the business hours of each day for the purpose of hearing applications for ex parte orders and to dis- pose of such other preliminary matters as should properly come before a presiding Judge. If the presiding Judge be absent from his Cham- bers on any account, he shall call upon some other Judge of the court to attend there in his place. With the assistance of the other Judges, and beginning not later than the first of December of each year, he shall diligently prepare the necessary lists of jurors to be chosen by the court in January. The presiding Judge shall hear proof offered in any cause and order judgment therein, where default has been entered, except those for divorce, annulment of marriage, or separate maintenance, regardless of the number of the Department to which such action may have been assigned. The presiding Judge shall hear all inquests of lunacy and such hearings shall take place at the county hospital. 2. Meetings of Judges. — ^From time to time at his own instance or on request of any other Judge, the presiding Judge shall call together the Judges of the court for the discussion of such questions as may arise with reference to the mode of disposition of the court's business. 3. Assignment of Business. — In the assignment of business the fol- lowing rules shall be observed, in so far as the same are consistent with the public interest, namely: To Department 2 all proceedings in probate, and all proceedings for the adoption of minors. To Departments 11 and 12 shall be assigned all criminal business, including writs of habeas corpus in all criminal matters, which shall be divided as equally as practicable between said Departments; pro- videdf however, that all writs of habeas corpus in matters growing out 1146 HILLYER^S LEGAL MANUAL. of the juvenile court law or involving the custody of infants, shall be returnable before Department 8, excepting habeas corpus writs in cases of children growing out of custodial orders of Departments 2 or 6, which shall be returnable before said Departments, respectively. All applications for approval of appointments of humane officers and others, as provided in section 607f of the Civil Code, shall be made to the Judge of Department 8. All proceedings under the laws of this state dealing with dependent or delinquent children shall be heard in Department 8, which is hereby designated as the "Juvenile Court." All actions for divorce and annulment of marriage and actions for maintenance and all proceedings therein, shall be assigned to Depart- ment 6. All other business of the court shall be distributed as equally as may be among the several remaining Departments. 4. Criminal Cases. — All informations in criminal cases shall be de- livered by the District Attorney to the presiding Judge before filing and the presiding Judge shall designate which of the two criminal Departments such cases shall be assigned to ; all files in cases of appeal from inferior courts shall be transmitted to the presiding Judge by the clerk as soon as they are received, and the presiding Judge shall assign such appeals for hearing in the same manner as other criminal cases are assigned. 5. Attendance of Juries. — Civil actions in which a jury has been de- manded shall be assigned, or reassigned, for trial to a Department in which a jury shall be in attendance. For the trial of civil causes a jury shall be kept in attendance in one Department only, except when required in the probate Department for the trial of contested probate matters, and except also when otherwise specially ordered. A jury may be called by the Judge of the probate Department when- ever required for the trial of contested matters arising in such Depart- ment. Trials of other civil causes by jury shall be had for a period of six months in one Department, and then such trials shall be had for a like period in the next numbered Department, in rotation, except in Departments 2, 6, 8, 11 and 12, and the Department of the presiding Judge. Commencing with the first day of May, 1912, such trials by jury shall be had in Department 9 for a period of six months, and thereafter each Department in rotation shall hear such cases for a like period of six months. For the trial of civil causes, excepting contested probate matters, a new term trial jury shall be drawn at least once every thirty days. 6. Naturalization. — ^For the purpose of complying with the federal laws concerning naturalization, the court hereby names and establishes the first, second and fourth Thursdays of each month as the days on which final action will be had on petitions for naturalization ; provided, that no such final action will be had within thirty days before the hold- ing of any general election within the jurisdiction of this court. All RULES — SUPERIOR COURT OF LOS ANGELES. 1147 applications for naturalization will be set down for hearing in the Department of the presiding Judge. Rule 4. Jury Trials. — In any action or proceeding, other than a criminal action or proceeding, the party desiring a trial by jury must at the time of the setting of the action or proceeding for trial, deposit with the clerk the sum of twenty-four dollars, to be held subject to the order of the court and to be used for the payment of jury fees. If such sum of money be not deposited at the time specified, trial by jury shall be deemed to have been waived and the court will pro- ceed to trial without a jury. If more than one day is occupied by a jury trial, the court shall, at the beginning of each day's session after the first day, require the party demanding the jury to make a further deposit with the clerk of twenty-four dollars and such further sum as may he necessary to satisfy any mileage fees that may he owin^ to the jurors, except the mileage fees due on account of the attendance of such jurors at the first day of the trial, which last-mentioned fees shall be paid by the county. A failure to make the deposits required by this rule shall be deemed to be a waiver of the right to a jury trial and where such a failure to make such deposits occurs after the trial by jury has commenced, the jury shall be excused from further attendance and the trial shall proceed without a jury; Provided, however, that this rule, so far as the time expressed herein for the making of the first deposit is made to work a waiver of a jury where there is a failure to make such deposit within the time so limited, shall not apply to proceedings specified in Section 1716, Code of Civil Procedure. Rule 5. Instructions to Jury. — In causes tried by jury any instruc- tions asked for by either party must be presented to the court at or before the close of the evidence, and before any argument is made to the jury. Rule 6. Grand Jury. — A grand jury shall be drawn and impaneled in December of each year in the Department of the presiding Judge. Rule 7. Preliminary Restraining Orders. — Applications for re- straining orders must be made to the presiding Judge, and he will as- sign the cause to the proper Department for further hearing. Rule 8. Motions. — All motions connected with any action, when upon notice, if made in open court, shall be made in the department in which the action is pending, unless otherwise ordered. Rule 9. Ex Parte Motions. — Ex parte motions, except in probate matters, shall be made to the presiding Judge. Rule 10. Law and Motion Day. — Monday shall be the law and mo- tion day in the several Departments of this court, and the clerks shall, on every Saturday, make up the law and motion calendar for each Department. Rule 11. Notice of Motions. — 1. Where, by statute, or by these rules, notice of motion is required to be given, copies of all papers to be used by the moving party (except pleadings and other records 1148 hillyer's legal manual. of the court, and papers in possession of the opposite party), shall be served and filed with the notice of motion. 2. The notice of motion shall specify the papers to be used by the moving party and the grounds of the motion. 3. An order to show cause shall be deemed a notice of motion within the meaning of this rule. 4. A notice of motion to tax costs shall specify the papers to be used on the motion, the items of the cost bill objected to, and the grounds of the objection, as in the case of other motions. 5. Notice of motion must be filed with the clerk at least the day before that on which the motion is to be heard ; but when time of notice is shortened to less than one day, it must be filed immediately after service. 6. Upon the hearing of any motion, the affidavits used by either party shall be filed by the clerk. Rule 12. Failure to Appear. — Upon the regular call of the law and motion calendar, if no counsel appears to support a demurrer or mo- tion, the same may be heard by the court on demand of opposing counsel. Rule 13. Orders Extending Time. — No order extending time within which any act is required by law to be done shall be made, which, by its terms or in connection with any other order or orders or any stipulation, shall operate to extend such time more than thirty days beyond the time given by law. In case the time, within which any act is required by law to be done, is extended by stipulation, no extension of time shall afterward be granted by the court or a Judge, which, when added to the time already given by stipulation, shall exceed thirty days; and the order shall correctly show upon its face the extensions of time previously given. Every such order shall be served and filed before 10 o'clock A. M. of the next judicial day. No extension of time exceeding two days shall be allowed by any Judge, except the presiding Judge, in cases pending in any Depart- ment other than that in which he presides, unless the Judge of the said Department is absent from the county; and, provided in no case shall any order be made by any Judge of this court extending the time of a party to demur to any pleading, except upon good cause shown by afiidavit. Rule 14. Motions — By Whom Made. — No order of any kind shall be made or entered by any Judge of this court unless upon the per- sonal motion of a member of the bar authorized to appear in this court, except by the Judge upon his own motion, or upon the application of a party appearing in propria persona. Rule 15. Amendments to Pleadings. — When a pleading shall be amended during the progress of a trial and a new issue shall be raised thereby, the opposite party may have a reasonable time to plead thereto or to take such action as may be necessary and a continuance, RULES — SUPERIOR COURT OF LOS ANGELES. 1149 if necessary, unless otherwise ordered, shall be at the cost of the party amending. Rule 16. Verification of Pleadings. — In all cases of verification of pleadings it shall be made plainly to appear from the pleading itself and by the verification taken in connection therewith, what matters are sworn to on information and belief and what matters are sworn to on the knowledge of the affiant. Rule 17. Setting Cases for Trial. — Civil actions at issue may be set for trial in the respective Departments where they are pending, upon motion of a party, upon five days' w^ritten notice of such motion to the adverse party, or on motion based upon stipulation of the parties. Such notice must be noticed for, and will be heard only at the open- ing of court at the time the law and motion calendar is called, and will not be granted unless it first appears that the calendar fee has been paid, and that the required notice has been given ; provided that the order may be made ''by consent" expressed as required by Rule 18. Not later than the hour for the closing of the Clerk's office on the last legal day preceding the day on which a motion to set an action for trial is to be made, there must be handed to the Clerk of the Department in which the action is pending a memorandum containing the title and number of the case, and other matters of information required to be set forth on the blank form furnished by the Clerk. At the regular hour for calling the law and motion calendar, the Clerk will deliver all such cards, arranged in the order of their receipt, to the Judge, who will thereupon call such cases and set them for trial. If no appearance is made for either party on the first call of a motion to set a case for trial, such motion will be dismissed, and a new notice of motion shall be required to be given before any such cause is set for trial. Rule 18. Orders by Consent. — Whenever any order or ruling is made "by consent," it must be upon consent of all the attorneys of all the parties affected thereby, expressed in open court, and entered on the minutes, or upon written stipulation of all such attorneys, made and filed in the action. Such minute entries shall show the names of all the attorneys actually in court at the time of the order. Should any order be made in violation of this rule, it shall be vacated upon ex parte motion. Rule 19. Testimony in Divorce Cases. — No phonographic reporter, or officer of the court with whom the proceedings in an action for di- vorce are filed, or before whom the testimony is taken, nor any clerk of such officer, either before or after termination of the suit, shall, without a special order of the court or Judge, permit a copy of any of the testimony, or of the substance thereof, to be taken to be in- spected or to be read by any person other than a party or the attorney of a party to the action. 1150 hillyer's legal manual. Rule 20. Cancellation of Instruments. — In all cases in which a judgment is rendered upon a written instrument, the Clerk shall, unless otherwise ordered, at the time of entering judgment, note over his official signature across the face of the instrument, the fact of the entry of the judgment and its date, with the title of the court, and return the instrument to the party in whose favor judgment is ren- dered. Rule 21. Guardians ad Litem. — Any attorney of the court shall act as guardian ad litem for a defendant whenever appointed for that purpose by an order of the court. He shall examine into the circum- stances of the case so far as to enable him to make a proper defense and shall be entitled to such compensation as the court may deem reasonable. Rule 22. Time to Answer or Amend After Demurrer. — When a de- murrer to a complaint or cross-complaint shall be upon the law and motion calendar and no one shall appear in support of the same and the demurrer shall be overruled, or if in any case the court, in overrul- ing a demurrer, shall decide that the same is frivolous, the party de- murring shall not be given leave to answer, except on the payment of ten dollars to the opposite party, and the time to answer in such case shall be limited to five days. In all other cases upon the over- ruling of a demurrer to a, complaint, the party demurring shall be allowed ten days in which to answer, unless otherwise ordered by the court. When a demurrer to a pleading shall be sustained, the ad- verse party shall have ten days in which to amend, unless otherwise ordered by the court. Rule 23. Attorney not to be Surety. — No practicing attorney of this court shall be received as surety on any bond or undertaking to be approved by this court or any Judge thereof in any proceedings of this court. Rule 24. Reporters' Fees. — 1, Unless otherwise specially ordered, the per diem fee of the phonographic reporter, in all contested cases called for trial must be advanced and paid to the Clerk for the re- porter on the first call of the case each day of the trial, one-half of such fees to be advanced and paid by the plaintiff, and the other half by the defendant ; provided, that if the contesting party fails to appear at the trial, the whole of such fees shall be paid by the plaintiff or other party appearing; and provided, further, that if there be any intervener, or any party other than the plaintiff and defendant, or two or more actions shall be tried together, the court or Judge thereof shall in such case or cases, fix the proportion of such fees to be ad- vanced and paid by the parties respectively; and when so fixed each of such parties shall advance and pay his proportion so fixed. 2. In actions of divorce on default and in all other actions and proceedings when so ordered by the court, the testimony shall be taken by the reporter, and his fees therefor shall be paid in advance. RULES — SUPERIOR COURT OF LOS ANGELES. 1151 Rule 25. Custody of Papers. — No papers on file in the office of the Clerk of this court shall be allowed to be taken from the Courthouse, except exhibits, which, upon order of a Judge of the court, may be taken from the files upon there being left in their places certified copies thereof; provided, that in cases where default has been entered against a party exhibits offered in making proof against such default- ing party may be withdrawn without leaving certified copies thereof upon order of the Judge of the Department where the matter has been heard; and provided, further, that exhibits in any case may be withdrawn without there being left certified copies thereof, upon order of a Judge of the court, where a written stipulation is filed signed by all of the attorneys representing the parties, consenting to the making of such order. Rule 26. Stipulations. — All stipulations between counsel affecting proceedings in either Department, unless made in open court, and en- tered in the minutes thereof, or reduced to writing and signed by all of the attorneys of the parties to be bound thereby, shall be disre- garded. Rule 27. Appeals. — In any civil action appealed from an inferior court, if the transcript and papers are not filed in the Clerk's office, and six dollars paid to the Clerk as a deposit for the costs, within thirty days after the uotice of appeal and undertaking on appeal are filed in such inferior court, such appeal will be dismissed on motion made upon notice to the appellant. Rule 28. Publication of Summons. — In any application for an order to publish summons, if the residence is known and stated in the affi- davit, the affiant must also give the information upon which such statement of residence is made, and if the information is contained in a letter such letter must be attached to the affidavit. In such case, the applicant may, in his affidavit, suggest the name of a newspaper which he believes to be the one most likely to give notice to the de- fendant; but if he does so, he must also state in his affidavit the rea- sons why such newspaper will most likely give notice to the person to be served. If the facts so stated do not satisfy the court, or if the residence of a defendant is unknown, the court or Judge will select for such publication a newspaper printed and published in the county of Los Angeles, and having a substantial circulation, which the Judge believes will be most likely to give notice to the defendant. In addition to any other affidavit used on such application, there must be an affidavit of the plaintiff, unless the plaintiff is a corporation or a person under legal disability. Whenever the order directs mailing a copy of summons and com- plaint to a defendant, the order shall name the person who is to mail said documents. On the envelope inclosing such copy of summons and complaint there shall be written or printed directions for the return of the same to the sender, if not delivered by the postoffice de- partment to the party addressed. All such documents shall be sent 1152 HILLYER^S LEGAL MANUAL. as registered packages, and the return card of the postoffice depart- ment shall be filed with the papers in the case. Whenever any such package shall be returned without delivery to the party addressed, the same shall be filed with the papers in the case. The cost of postage on such packages shall be paid by the plaintiff and chargeable as costs. Rule 29. Trial of Default Divorce Cases. — Motions to set default divorce cases for hearing shall be heard at the regular calling of the law and motion calendar; provided, however, that in such cases the cards required to be delivered to the Department Clerk under the pro- visions of Rule 17, must be so delivered to such Clerk not later than the time of the closing of the Clerk's office on the last legal day pre- ceding the day upon which the law and motion calendar is to be called. Rule 30. Application to Advance Divorce Cases. — All applications to set or advance the hearing of divorce cases, either default or con- tested, must be made in open court at the time of calling the law and motion calendar. Rule 31. Proof of Personal Service in Default Cases. — Upon the hearing of defaults in divorce cases where personal service is made in this county by any person other than the sheriff, such person must be, produced as a witness by the plaintiff. Rule 32. Motions to Strike Out. — The party moving to strike out any portion of a pleading shall, in the notice of motion distinctly specify the page and lines or parts of lines, or paragraphs, asked to be stricken out. Rule 33. Continuances. — When any motion or demurrer is regu- larly placed on the law and motion calendar, and on call there is no appearance, the matter will be continued one week. If such matter is thus called three times without being presented, the same will be dropped from the calendar, and will not be reinstated unless by order of the court upon good cause shown therefor. Rule 34. Requirements as to Documents for Filing. — All pleadings, petitions, statements and bills of exceptions, before being filed or served, shall be printed or written on good white paper of legal cap size, with numbered lines, bound at the top and paged at the bottom; but statements and bills of exceptions may be printed or written either on paper or legal cap size as above provided, or on paper eight inches by ten inches in size, with numbered lines, bound at the side and paged in the upper right-hand corner. In all cases where more than one distinct cause of action, defense or counterclaim is intended to be stated, the same shall not only be separately stated, but also plainly numbered. Said pleadings, petitions, statements and bills of excep- tions shall be without interlineations unless noted by the clerk at the time of filing; and shall be printed or written upon only one side of the paper. All copies served shall correspond with the original in paging and lines. The office address of the attorney appearing for a RULES — SUPERIOR COURT OF LOS ANGELES. 1153 party filing any complaint, answer or demurrer, or notice of special appearance, must be indorsed upon such pleading or notice. The character of the action shall be indorsed upon all complaints and the nature of the paper upon all other documents. Provided, however, that nothing herein contained shall be deemed to prohibit the use of printed blanks furnished by the Clerk of this court. Rule 35. Size of Paper for Reporters' Transcripts. — ^All reporters' transcripts shall be written or printed on paper ten inches in length and eight inches in width, with the lines numbered at the left-hand side and paged on the upper right-hand corner; the same being bound together on the left-hand side in volumes of convenient size. Rule 36. Application for an Order Refused. — When an applica- tion for an order has been made to a Judge or to the court, and re- fused in whole or in part, or granted conditionally or on terms, and a subsequent application upon an alleged different state of facts shall be made, it shall be shown by affidavit what application was before made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown; and, for a failure to comply with this requirement, any order made on such subsequent application, may be revoked or set aside on ex parte motion. Rule 37. Counsel Fees. — All applications for compensation for extraordinary services rendered in probate proceedings must be ac- companied by an itemized statement of services rendered. Rule 38. Life Estates, Homesteads and Community Property. — In all proceedings under Section 1723 of the Code of Civil Procedure, where the petition filed prays for a decree terminating a life estate or for a vesting in the surviving spouse of a homestead, notice of the hearing thereof shall be given by posting notices for at least ten days before the hearing, in at least three public places in the county, one of which must be at the place where the court is held, which notice must contain the name of the decedent, the name of the applicant, the description of the property, the date, the book and page of the record of the instrument under which relief is sought. In cases where a decree is prayed for declaring property of a de- ceased wife to be community property and vesting the same in the surviving husband, the petition must state the name and residence of each of the persons who would be an heir at law of the separate property of the deceased wife and a statement of all creditors' claims against the deceased wife, with the name and residence of each cred- itor, and notice thereof shall be given by the personal service of a citation upon all persons residing within this State named, and shown by the petition filed to be interested therein, including creditors, at least ten days prior to the hearing of said petition, and by the publi- cation of a notice thereof, and in like form as is required herein for the termination of a life estate or homestead, for at least thirty days 73 ^^^ hillyeb's legal manual. coun? ^^^ ^'^^^^S, in a newspaper of general circulation in the • f^"!! ^^' ^^y'"*"*^ Out of Treasury.— When money has been paid 7no,/ '""^°.*^ treasury under the provisions of Sections 1691 and lfiq^fn^°irQ"fi i^^ ^^**/ treasury under the provisions of Sections 1693 and 1696, of the Code of Civil Procedure, and a person claims the same or a part thereof, a petition must be filed bv the claimant, for an order on the treasury for payment. Such petition must be placed on the calendar for hearing, and, unless otherwise ordered, notice of the hearing must be given in the same manner as upon the hearing ot a final account. Rule 40. Surety Company Bonds— No bonds or undertakings with ZmT ZL'^V'^^'f i^"'*'™' S'^''" pursuant to the provisions of Sections 1056 et seq. of the Code of Civil Procedure, shall be accepted or approved in any case, unless, at the time such bond or undertaking IS presented for approval, there shall be on file in the office of the Clerk ot this court : iI'T^~t fPy- *."'y certified by the proper authority, of the char- ter or articles of incorporation of such surety, showing the power of such corporation to become surety on such bond or undertaking- Seeond-A copy, duly certified by the proper authority, and at- tested by the seal of the corporation, of the transcript of record of tTfaZ \ l""^ T ^"tl^orizing the person or persons purport- ing to execute such undertaking or bond for and in behalf of such corporation, to act in the premises; Third— The certificate, or a copy thereof, duly certified, of the msurance commissioner of the State of California, dated wiihin one tZJ °^% \^ presentation of such bond for approval, which cer- tificate shall, by Its terms, authorize and empower such corporation to do business m the State of California, and shall certify that such e^r.ZlZ A ^''''"^f* *° '^' ^°^^^«"°^ commissioner satisfactory si^ih hnn/ ''■'' ?J''*'"* corporation, legally qualified to furnish sucli bonds as require the approval of a Superior Court, or of a Jud-e of the Superior Court, within this State. the fact tf+r*^ °'' "•^'^•^'•t'lkiug wi" be approved or accepted unless the tact of the execution of such bond or undertaking by the officer or agent of the corporation purporting to become surety on such bond or undertaking shall be duly attested and acknowledged before an i^Z ^"thonzed to take and certify acknowledgments^ Which cer sSa nre o ''"''/• 'f^' "^°'*"' °* '^' "^''^ "^ «g«°t to be the signature of said officer or agent; provided, however, that such notarial certificate shall not be required when the bond shall be exe te the sam ''^ """"^ ''^""^^ '" *^® presence of the Judge approv- mo^e'^thtn f^fZ^^^'T''^'''''' ^""^"^ Cases.-There shall be not ZZ f n\ ^ "^f J examiners to serve at inquests of lunacy who shall be appointed by the Judges of the court. Upon such ex I RULES — SUPERIOR COURT OF LOS ANGELES. 1155 aminers being appointed in the manner prescribed by law, a list of their names shall be arranged in alphabetical order, and from such list there shall be selected from time to time, in the order in which their names appear upon such list, unless otherwise specially ordered, two of such examiners to serve at each day's examination held. Such examiners shall be notified on the day preceding any such hearing that their attendance will be required, and should any examiner fail to attend through any cause he shall not be called again until his name is reached in the regular order of rotation as hereinbefore pre- scribed to be followed. Rule 42. Phonographic Reporters Pro Tempore for Superior Courts; Their Appointment, Duties and Compensation. — Sec. 1. Phonographic reporters pro tempore may be appointed from time to time by a majority of the Judges. Such reporters shall have the same qualifications and pass the same examination required by law for official reporters of Superior Courts, and shall receive the same com- pensation as is provided for official reporters. Such reporters shall be listed by the secretary of the Court in the order of their appoint- ment. Sec. 2. All vacancies in the position of official reporter, either in the several departments or in extra sessions, shall be filled from the list of reporters pro tempore in the order of their priority on such list. See. 3. When an official reporter is absent from his Department, with the permission of the court, or the Judge of the Department to which he is assigned, or requires assistance for furnishing daily tran- script or other transcript required on short notice, he may call upon another official reporter for such assistance, if one is available. When no official reporter is available, and not otherwise, such assignment shall be made from the list of reporters pro tempore in the manner provided in Sec. 4 of this rule, until an official reporter is available. Sec. 4. To equitably carry out the above provisions, the secretary of the court shall keep an assignment register, showing where all official reporters are on duty, and when and Avhere reporters pro tempore have been assigned to duty under this rule. Any official re- porter not employed may register in this assignment register. When no official reporter is available such assignments may be made by the secretary of the court from the list of reporters pro tempore in the order of their priority on such list. No reporter pro tempore shall receive a second assignment until all other reporters pro tempore have been tendered an assignment. The assignment register shall be open to the Judges and all official reporters and reporters pro tempore. Sec. 5. When an official reporter or reporter pro tempore assists another reporter in reporting a case he shall share equally with such reporter in the per diem fee, and shall receive the entire compensation for such portion of the transcript as he furnishes, but in no case shall a reporter receive compensation by way of commission or otherwise in or for any case in which he is not himself actually engaged. 1156 Rule 43. Phonograph Reporters for Superior Courts, Their Ap- pointment and Duties. — All phonograph or shorthand reporters of the Superior Courts shall hereafter be appointed or discharged by a writ- ten order signed by a majority of the Judges of said court and not otherwise. Such reporters must have the qualifications and have passed the examination provided for in Section 270 in the C. C. P. He must perform the duties as defined in Section 269 of the C. C. P. and he must attend to those duties in the manner prescribed in Sec- tion 271 of the C. C. P. and subscribe to the oath of office pursuant to Section 272 of the C. C. P. Pursuant to this rule, the following persons who have already submitted to the test of competency and taken the oath of office and have been heretofore appoinled to the position of phonographic reporters of this court are assigned to the departments set opposite their names, to wit: Reporter in Dept. 1 E. C. Thompson Reporter in Dept. 2 Leo Longley Reporter in Dept. 3 Monroe H. Coulee Reporter in Dept 4 N. H. Peterson Reporter in Dept. 5 Henry Henderson Reporter in Dept. 6 W. N. Tiffany Reporter in Dept 7 J. A. Vaughn Reporter in Dept. 8 1. Benjamin Reporter in Dept. 9 Edwin M. Williams Reporter in Dept. 10 J. J. Petermichel Reporter in Dept. 11 B. N. Smith, Jr. Reporter in Dept. 12 John H. Chilcote Reporter in Dept. Ex. Sess. 1 — Reporter assigned to presiding judge. Pursuant to the foregoing rules the following have passed the re- quired examination and have been appointed official reporters pro tern. and assigned as foUow^s: L. J. Girvin, assigned to assist in Department 12; J. B. Doyle, as- signed to Extra Session 2; Charles E. Welch, assigned to Extra Ses- sion 3; Charles H. Magee, assigned to Extra Session 4; Alonzo M. Haynes, unassigned. RULES— JUSTICES' COURT— SAN FRANCISCO. Rule 1. Filing and Custody of Pleadings. — All pleadings and papers required to be filed in said Court shall for that purpose be pre- sented to the €lerk, who shall there and then mark the same filed, and note the filing of such pleading or paper in the docket of said Court, under the title of the cause or proceeding wherein the same is filed, and, after the filing thereof as aforesaid, the same shall remain on file in the office of the Clerk, and shall not be taken therefrom, except on appeal, or by order of one of the Justices of said Court, and all persons are hereby prohibited from removing them or any of them from the office of said Clerk, and no person shall be allowed to inspect RULES — JUSTICES* COURT OF SAN FRANCISCO. 1157 or handle them or any of them unless by consent of the Clerk, and in his immediate presence. Rule 2. Manner of Pleading. — ^At any time before the expiration of the time named in the summons within which the defendant is re- quired to answer, the defendant shall be at liberty to enter a special appearance for the purpose of objecting to any irregularity of the proceedings in any respect, and shall state the grounds of his objec- tions briefly in writing, which said objections shall be determined by the Justice before the hearing of the cause upon its merits. Rule 3. Demurrer and Answer. — When a demurrer to a pleading is sustained, the pleading may be amended within such time, not exceeding two days, as the Court may allow, and such amended plead- ing may be answered or demurred to within such time as the Court may allow, not exceeding two days. When the demurrer to the com- plaint is overruled, the defendant must answer forthwith, or in such timo as the Court may allow, not exceeding two days, except in cases of unlawful detainer; in such cases the defendant must answer forth- with. When a demurrer to an answer is overruled the action must proceed as if no demurrer had been interposed. Rule 4. Day of Trial. — ^When all the parties served with process shall have appeared, or some of them have and the remaining defend- ants have made default, the default of such defendants may be entered by the Justice before whom the case is pending, and upon application of either party fix a day for the trial of said cause, and notice of the setting of said cause for trial shall be given to the adverse party. Rule 5. Precedence of Cause on Trial. — ^A cause on trial shall take precedence of a cause specially set. Rule 6. Calendar of Court. — The Clerk shall prepare and compile a daily calendar of this Court, and enter the same in a book provided for that purpose. Said book or calendar shall be so kept as to show for each day the causes specially set for trial by the order of any of the Justices. Rule 7. Transfers. — In all cases transferred from one Justice to another for trial, as provided for by Section 833 of the Code of Civil Procedure, such transfer shall not be deemed a postponement of the trial, but the cause shall be reassigned and the trial proceed the same as if no transfer had been made. Rule 8. Papers Presented for Filing. — ^All papers and pleadings presented to the Clerk of the Court and required to be filed in any action shall be properly indorsed with the title and number of the cause, and must bear the name and address of the attorney or person appearing. Rule 9. Service of Pleadings. — In all cases wherein a written an- swer, demurrer, or notice of special appearance is filed, the party so filing the same shall serve a copy thereof upon the attorney for the 1158 hillyer's legal manual. adverse party, provided such adverse party is represented by an at- torney whose office is in the City and County of San Francisco, and, if not so represented, no service need be made; otherwise the same may be stricken out on motion upon notice to be given within such time as may be fixed by the Court, and in case defendant presents an oral answer said defendant must notify the plaintiff or his attor- ney of such fact, leaving his address. Rule 10. Statement of Appeal on Questions of Law. — The state- ment and amendments thereto, as provided for by Section 975 of the Code of Civil Procedure, may be served upon the opposite attorney by delivering a copy thereof, but, unless such service is so made, the party preparing the statement, after having filed the same with the Clerk, and had such filing entered and indorsed, shall serve said state- ment upon the opposite attorney on the same day, who shall prepare his amendments thereto, and shall, Avithin ten days after the receipt of such statement, file his amendments with the Clerk, and, after having such filing entered and indorsed, shall on the same day serve the said amendments with the statement upon the opposite attorney, who shall within five days thereafter give written notice of settlement before the Justice who tried said action, or the amendments shall be deemed to be accepted. The notice shall not be less than two days nor more than five days. After settlement the statement shall be engrossed by the moving party and filed within five days, Rule 11. Setting Aside Default. — All applications for setting aside defaults, and relief as provided for by Section 859 of the Code of Civil Procedure, shall be heard and determined by the Justice who tried the cause, or his successor. Rule 12. Taxation of Costs. — Unless the costs are taxed at the time of the rendition of judgment the prevailing party, by consent, may within two days thereafter serve upon the adverse party or his attor- ney, and file with the Clerk of said Court, a written memorandum of his costs and disbursements verified by himself or his' attorney, which shall not embrace the percentage allowed by law. Within two days after the service of such bill, or memorandum of costs, the oppo- site party may give notice to move the Justice before whom said cause was tried, upon a two days' notice in writing, to the adverse party or his attorneys, to retax such costs. Rule 13. Stipulations. — No agreement or consent between the par- ties or their attorneys in respect to the proceedings in a cause will be regarded by the Court, unless the same shall have been made in open Court and entered, or unless the evidence thereof shall be in writing subscribed by the party against whom the same may be alleged, or by his authority. Rule 14. Jury Trials. — The party demanding a jury trial shall de- posit with the Clerk of said Court twenty-four dollars as security for the payment of the fees of said jury, and until such deposit is made RULES — POLICE COURT OF SAN FRANCISCO. 1159 the right to a trial by jury shall be deemed to be waived. The fees of said jury must be deposited at the beginning of each day of such trial. Rule 15. Payment of Fees. — Before any trial shall proceed the plaintiff shall pay in advance the trial fee, and procure the papers from the Clerk, who shall not deliver the same until said trial fee shall have been paid. Upon the hearing of a demurrer, the papers must be presented to the Justice, who shall not hear or determine said demurrer until the trial fee is paid. Rule 16. Signing of Orders. — No orders will be signed or affidavits taken by any of the Justices during the progress of any trial or argu- ment. Such orders must be presented when the Court is not in session, or before the commencement of a trial at 10 A. M. or 2 P. M. All ex parte motions must be made at the above time. Rule 17. Transfer of Causes. — When a cause has been regularly assigned to a Justice, the same shall not be reassigned by the presiding Justice without the consent of the Justice to whom it was originally assigned, except in cases wherein an affidavit of prejudice has been filed in conformity with the Code regulating such procedure. Rule 18. Service of Notice. — Causes at issue may be set for trial upon the application of either party, and all orders setting causes for trial must be served on the adverse party at least two days before said day of trial. All notices of motions must be served at least two days before the hearing of said motion. RULES— POLICE COURT— SAN FRANCISCO. Rule 1. Numbering and Assignment of Cases. — Commencing July 1, 1911, all cases shall be numbered in regular rotation, felonies com- mencing at F. 1 and misdemeanors at M. 1, and they shall be assigned in regular rotation to the respective Departments of the court. Reassignment. — When the calendars have been made up in the morning and sent to the respective departments, the Bond and War- rant Clerk shall immediately be informed as to the last number used in each series, and he shall number the complaints and warrants in regular rotation in accordance with this rule. No one shall have any authority to change the number of a, case, or alter the assignment of a case, without an order signed by all of the Judges of the court, provided that the Presiding Judge may transfer any case from one De- partment to another with the consent of the Judges from whom and to whom it is to be so transferred. Assignments Where Judge is Absent. — In case of the absence of any Judge for a period of more than three days from any cause, or in case of the adjournment of any court for vacation, the numbers regularly belonging to that Judge or Department shall be assigned in rotation to the other Departments then in session during the period of such 1160 HILLYER^S LEGAL MANUAL. absence or adjournment. Where several defendants are jointly charged with any offense, but one number shall be used for all such, and in the event that jury trials arc demanded in such cases the Judge in whose department they may be shall report the fact to the Pre- siding Judge, who shall cause a reassignment of the cases to be made in numerical order among the Departments of the court. Rule 2. Warrants not Issued Before 11 A. M. — In order that the conduct of the business of the court may be expedited and the dis- turbance incident to the issuance of warrants may be curtailed, war- rants will not be issued prior to 11 o'clock A. M. on any day, except in cases of great or exceptional urgency. The "Warrant and Bond Clerk will so inform all persons applving for warrants. ^ CHA.S. L. WELLER, Judge of the Police Court, Dept. 1. JOHN J. SULLIVAN, Judge of the Police Court, Dept. 2. E. P. SHORTALL, Judge of the Police Court, Dept. 3. DANIEL C. DEASY, Judge of the Police Court, Dept. 4. RULES— ATTORNEY GENERALr-LEAVE TO SUE. In conformity with the practice heretofore followed by this office in so-called "leave to sue" cases, the follow^ing rules have been adopted for the guidance of those who may desire to sue in the name of the people upon the relation of a private person: Rule 1. Application for "Leave to Sue."— The relator will submit to this office his application for "leave to sue," accompanied by: Original Verified Cor^plaint. — {a) Original verified complaint, to- gether with a copy thereof; Points and Authorities. — (&) Points and authorities showing why proposed action should be brought in the name of the people ; Notice to Defendant. — (c) A notice directed to defendant to the effect that relator is about to apply for leave to sue in the action therein named, and that defendant may, within ten days from the date of ser- vice of such notice, show cause, if any he have, why such "leave to sue" should not be granted. Proof of Service upon Defendant. — (c?) Proof of service of such ap- plication, complaint, points and authorities, and notice upon the de- fendant or defendants. Rule 2. Defendants to Show Cause. — Defendants will be allowed ten days (or such further time as may be granted) in which to show cause why the application for "leave to sue" should not be granted. Rule 3. Relator to Reply. — Relator will then be allowed five days (or such further time as may be granted) in which to reply to the showing thus made by defendants. RULES — ATTORNEY GENERAL. 1161 Rule 4. Proof of Service. — ^Proof of service should accompany all papers submitted to this office under Rules 1, 2 and 3. Rule 5. Undertaking. — If the application for ''leave to sue'* be granted, the relator must, within ten days after receiving notice of the granting of such leave (unless further time be granted), present to this office an undertaking executed to the State of California in the sum of five hundred dollars, with two good and sufficient sureties, to the effect that the relator will pay any judgment for costs and dam- ages that may be recovered against the plaintiff, and all costs and ex- penses incurred in the prosecution of the said action. The said bond shall be indorsed by a Judge of the Superior Court of the county wherein the action is to be brought, to the effect that if the bond were presented to said Judge he would accept the sureties therein named for the amount of the undertaking. Rule 6. "Leave to Sue" Filed With the Clerk.— Upon receipt of said undertaking so executed in proper form, the Attorney General will transmit, in writing, to the relator, "leave to sue" in the name of the people, which "leave to sue" should be filed with the Clerk of the court simultaneously with the filing of the complaint. Rule 7. Complaint Filed. — The complaint filed in the action shall be a copy of the proposed complaint hereinbefore referred to, changed or amended as the Attorney General shall suggest or direct, and the relator shall not thereafter in any way change, amend, or alter the said complaint without first consulting the Attorney General. Rule 8. Attorney General may Withdraw, Discontinue, Dismiss or Assume Management. — The Attorney General may at all times, at any and every stage of the said suit, withdraw therefrom and discontinue or dismiss the same, as to him may seem fit and proper ; or may, at his option, assume the management of said cause at any stage thereof. Rule 9. Relator must Inform Office of Every Proceeding. — The re- lator must immediately inform this office of the date of the filing of the complaint, and of the court number thereof, and shall thereafter notify this office without delay, of every proceeding had, motion made, paper filed, or thing done in the action, or in relation thereto, and must send to this office, promptly a copy of every paper or document filed by any of the parties to the action, and when service of any paper in said action is made on the relator by the opposing party, the relator shall secure an additional copy of such paper, which additional copy shall be at once forwarded to this office.^ 1 The attention of counsel is especially directed to Rule No. 9, and their strict compliance therewith is earnestly requested. The Attorney General is required to keep a complete record of all proceedings, and cannot do so unless the Rule referred to is continuously observed. 1162 HILLYER^S LEGAL MANUAL. RULES— FOR PAROLING OF PRISONERS. (Adopted September 27, 1909.) Rule 1. Record of Prisoners.— It shall be the duty of the wardens of the respective prisons at San Quentin and at Folsom to keep a full and accurate record of each prisoner therein confined who may be eligible to parole under the provisions of the law. This record shall include a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and the advantages and opportunities of education, moral training, employment, etc., en- joyed before arrest by said prisoner ; also a personal record showing, so far as possible or practicable, his conduct, demeanor, diligence at labor, and progress in education while confined in such prison; and also a per- centage table, indicating the said record of each prisoner, using 100 as a maximum. No prisoner whose record shall not have shown 100 per cent for six (6) consecutive months shall be eligible to parole. Rule 2. Report on Applicants. — Before considering any case for parole, the board will require the written report, recommendation, and opinion of the warden, captain of the yard, and physician at San Quentin, and of the warden, captain of the guard, physician, and turnkey at Folsom, in the cases of prisoners in their respective prisons. Such officers shall report the general conduct and habits of the prisoner, and the probability, in their judgment, of his remaining on parole without violating the law. It shall be the duty of such officers to obtain all the information possible of the antecedents of each and every applicant for parole, together with such statements of the crime committed by the prisoner, and such advice and opinion concerning the advisability of granting a parole, as can be obtained from the judge who tried the case, the district attorney, and counsel for defense. It shall be the duty of such officers to examine into each and every application for parole, and present to the board all available data at as early a date as possible, together with any and all papers, documents, and records necessary for a proper and full consideration of each application, as provided by these rules. It shall be the duty of such officers to carefulh^ examine and scrutinize the records and percentage tables provided for in Rule 1, presenting such records and tables of each eligible prisoner to this board in tabulated form, and indorsing the same as correct and true, or other- wise, as their knowledge and judgment may determine. Rule 3. Deposit and Guaranty of Employment. — No prisoner shall be released on parole until satisfactory evidence shall have been fur- nished in writing, that employment will be given such prisoner by some responsible and reputable person, or that he will engage in some re- spectable business for himself. No prisoner shall be released on parole until there shall have been deposited by, or on his behalf, with the warden of the prison in which the prisoner is confined, the sum of $25.00. In the event of the violation by said prisoner of any of the conditions PAROLE RULES. 1163 of his parole, the said sum of $25.00, and the whole thereof, shall be forfeited by the depositor thereof and shall be retained by said warden to be used in defraying the expense of arresting and recommitting paroled prisoners who violate the conditions of their parole. The moneys thus forfeited shall constitute a fund to be known as the "parole expense fund" and shall be expended for the purposes last above named when authorized by a majority of the board; such expenditures to be made by checks signed jointly by the warden and the clerk of the prison to which such expenditures respectively pertain. In all cases where no such violations occur the entire amount shall be refunded to the depositor on return of receipt, properly indorsed, after final discharge of said paroled prisoner. In no case shall any prisoner be released on parole unless there is, in the judgment of the board, reasonable ground to believe that he will, if paroled, live and remain at liberty without Tiolating the law, and that his release is not incompatible with the welfare of society, nor perversive to the ends of justice. Rule 4. Notice of Intention. — Each applicant shall cause to be published, at least once a week for two successive weeks, in a news- paper of general circulation, published in the county in which he was convicted, if such newspaper be published, the fact that he intends to apply for parole ; and no application shall be considered by this board until the statement of the publisher, with copy of notice attached, shall have been filed. If no newspaper b€ published in the county, the notice shall be published in a newspaper in an adjoining county. Rule 5. Half Term must be Served. — No application for parole shall be filed by the clerk until the prisoner shall have served one-half his sentence, unless for some extraordinary reason the same shall have been recommended in writing by the warden, with his reasons there- for, and ordered filed by the affirmative vote of at least four members of the board. Rule 6. Order of Hearings. — Applicants for parole shall be placed on a calendar in the order of the date on which the completed papers are filed with the clerk, and such applications shall be heard in such order, and in no case shall an application be heard out of order. Rule 7. Argument and Solicitation. — No attorney shall be heard in behalf of any prisoner ; nor shall an oral argument be allowed. All facts which may be thought to entitle a prisoner to parole shall be stated in writing and filed with the clerk. No oral solicitation of any kind will be permitted. Rule 8. Attorneys. — Each applicant must file with his application a statement of all sums of money which he has paid or promised to pay directly or indirectly to any attorney or other person for assistance in preparation of papers or other cause, or that any other person has paid or promised to pay in his behalf. It is unnecessary to have at- torneys in parole cases, and the board will discourage the practice. Rule 9. Life Termers. — Life termers, and those who have served eight years, solid time, shall be placed on a separate calendar, and 1164 HILLYER^S LEGAL MANUAL. their applications shall be considered in the order in which they are filed with the clerk. Rule 10. Vote Necessary for Parole. — It shall require the affirma- tive vote of four members of the board to grant a parole or ticket-of- leave, whose names shall be signed to the certificate of parole. Rule 11. Rehearings. — When an application for parole shall be de- nied the applicant shall not again become eligible to parole until the expiration of one year from the date of such denial, except that a re- hearing of such application may be had within such year if recom- mended by the warden in writing with his reasons for such recom- mendation. Rule 12. Reports of Paroled Prisoners. — ^Every paroled prisoner shall be required to subscribe in a book, to be kept for the purpose, his signature. Every paroled prisoner shall report in writing, over his signature, to the parole officer in San Francisco on the first day of every month until released by law. Said report shall be countersigned by the person in whose employ the paroled prisoner may be at the time, if employed by another. In addition to reporting to the said parole officer every paroled prisoner shall also report to either a chief of police, a sheriff of a county, a justice of the peace, a constable, or such other person as the board may designate, in such a manner and at such times as the board may prescribe in each particular case. Said prisoner shall make such additional reports as the board in each par- ticular case may require. Rule 13. Violations of Parole and Forfeiture of Credits. — Every paroled prisoner shall be liable to be retaken and again confined within the prison for any violation of the conditions of his parole, or for any reason that shall be satisfactory to the board; and for any violation of the conditions of his parole, or of any of these rules, or any rules of this prison, the paroled prisoner may forfeit all or any part of his credits, at the sole discretion of the board. Rule 14. Credits of Paroled Prisoners. — The board shall have the power to determine whether a paroled prisoner shall be allowed his credits, to be deducted from his term of sentence, or shall forfeit his credits, for any offense which would cause his credits to be forfeited if confined in prison. Rule 15. Amendments. — No alteration or amendment shall be made to these rules and regulations, unless at least four members of the board vote therefor, and no one of these rules shall be suspended with- out the unanimous consent of the board when at least four members are present. ELECTION STATISTICS. 1165 OFFICIAL VOTE— GENERAL ELECTION— NOVEM- BER, 1912. STATE AND COUNTY VOTE. Voting Precincts in Total Total California, Vote Cast, Registra- Vote Oast, Counties. 1912. 1910. tion, 1912. 1912. Alameda 286 35,692 92,835 69,700 Alpine 5 76 105 91 Amador 27 2,144 3,600 2,656 Butte 84 5,991 12,807 9,447 Calaveras 34 2,399 3,997 3,281 Colusa 26 2,095 3,458 2,981 Contra Costa 54 5,741 12,822 8,938 Del Norte 8 794 1,177 906 El Dorado 35 2,031 3,778 2,841 Fresno 142 13,413 30,054 21,748 Glenn 20 1,629 3,672 2,604 Humbaldt 69 6,202 13,289 9,033 Imperial 27 226 5,304 3,577 Inyo 28 1,449 2,296 1,720 Kern 86 6,669 18,396 11,597 Kings 28' 3,091 5,740 4;i8i6 Lake 19 1,464 2.673 2,286 Lassen 25 l,2a5 2,040 1,522 Los Angeles 727 68,430 259,115 168,064 Madera ' 29 1,757 3,618 2,644 Marin 46 4,288 8,190 6,727 Mariposa 21 1,052 1,721 1,274 Mendocino 64 4,748 8,750 6,032 Merced 36 2,907 6,014 4,553 Modoc 23 1,256 2,382 1,837 Mono , 8 415 539 400 Monterey 51 4,840 9,846 7,862 Napa 30 4,306 7,926 6,106 Nevada 46 3,302 5,716 4,248 Orange 59 6,447 17,369 11,420 Placer 54 3,501 6,639 4,551 Plumas 23 1,110 2,647 1,896 Eiverside 76 6,017 13,770 10,592 Sacramento 105 12,293 29,552 20,056 San Benito 124 1,942 3,735 2,787 San Bernardino 26 9,338 22,617 16,304 San Diego 146 9,481 30,041 22,933 San Francisco 464 59,724 134,688 105,646 San Joaquin 83 8,955 19,978 14,496 San Luis Obispo. 43 4,270 7,897 5,906 San Mateo 42 4,983 9,399 7,512 Santa Barbara 60 4,880 10,864 7,637 Santa Clara 132 ll,671 34,146 24,209 Santa Cruz 50 4,591 9,428 7,526 Shasta 55 3,844 7,310 4,911 Sierra 21 993 1,514 1,215 Siskiyou 66 3,906 7,503 5,204 Solano 35 6,029 10,873 8,525 Sonoma 91 9,106 20,330 14,990 Stanislaus 54 4,498 11,536 8,276 Sutter 23 1,635 2,909 2,192 Tehama 44 2,583 5,269 3,658 Trinity 24 999 1,580 1,063 Tulare 86 6,667 13,998 10,599 Tuolumne 30 2,508 4,016 2,869 Ventura 32 3,619 6,672 5,109 Yolo 22 3,589 5,560 4,219 Yuba 29 2,102 3,668 2,614 Totals 4^283 393,893 987,368 707,776 1166 HILLYER^S LEGAL MANUAL. ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES. A.J. Wallace. Thomas F. Annie E. K. Republican Griffin. W. M. Boyd. Bidwell. Counties. Progressive. Democrat. Socialist. Prohibition. Alameda 31,542 24,418' 9,332 1,160 Alpine 36 34 2 Amador 684 1,622 135 57 Butte 3,365 4,028 930 489 Calaveras 750 1,869 399 66 Colusa 810 1,760 111 84 Contra Costa 3,539 3,290 1,300 181 Del Norte 376 323 104 40 El Dorado 776 1,613 278 49 Fresno 8,839 8,891 2,278 590 Glenn 906 1,325 126 67 Humboldt 3,609 2,887 1,781 177 Imperial 1,420 1,295 446 193 Inyo 431 806 305 77 Kern 3,647 5,569 1,300 182 Kings 1,419 1,967 406 156 Lake 649 1,118 266 123 Lassen 559 644 148 34 Los Angeles 75,593 55,110 19,895 8,190 Madera 943 1,154 226 89 Marin 2,750 2,849 733 68 Mariposa 306 689 138 17 Mendocino 2,237 2,507 752 141 Merced 1,571 1,978 441 228 Modoc 608 941 119i 45 Mono 106 182 67 11 Monterey 3,081 3,392 557 301 Napa 2,432 a,662 478 126 Nevada 1,381 1,851 648 111 ' Orange 5,143 4,406 896 852 Placer 1,913 1,823 481 125 Plumas 762 742 236 30 Riverside 5,146 2,963 1,036 834 Sacramento 7,534 9,869 1,553 213 San Benito 1,054 1,253 179 74 San Bernardino 6,202 5,835 1,901 1,233 San Diego 7,922 9,731 2,873 1,139 San Francisco 38,610 48,953 12,354 1,158 San Joaquin 4,314 7,969 995 426 San Luis Obispo 2,373 2,248 704 214 San Mateo 2,825 3,246 827 80 Santa Barbara 3,395 2,819 619 357 Santa Clara 10,868 9,173 2,068 824 Santa Cruz 3,059 2,875 892 323 Shasta 1,636 2,040 938 54 Sierra 483 515 133 13 Siskiyou 1,740 2,465 633 104 Solano 3,353 3,650 78] 169 Sonoma 5,806 6,500 1,494 367 Stanislaus 3,143 3,127 749 864 Sutter 846 1,063 79 65 Tehama 1,218 1,595 388 168 Trinity 343 461 182 9 Tulare 4,283 4,293 1,233 265 Tuolumne 755 1,459 363 38 Ventura 2,055 2,108 426 169 Yolo 1,352 2,239 301 113 Yuba 1,132 1,242 186 34 Totals 283,610 283,436 79,201 23,366 ELECTION STATISTICS. 1167 FOR REPRESENTATIVES IN CONGRESS. First Congressional District. Edward H. William I. G. Joseph Counties. Hart. Kent. Zumwalt. Bredsteen. Republican. Progressive, Democrat. Socialist. Bel Norte 143 354 228 66 Humboldt 1,495 3,264 2,128 1,506 Mendocino 1,268 1,802 1,857 542 Glenn 412 739 1,141 82 Butte 1,566 2,799 3,169 704 Lake 321 635 866 194 Colusa 347 926 1,408 64 Yuba 373 , 968 1,062 129 Sutter 515 585 845 51 Sonoma 2,554 5,313 4,718 1,088 Marin 1,591 2,956 1,334 466 Totals 10,585 20,341 18,756 Second Congressional District. Frank M. John E. Counties. Rutherford. Raker. Republican. Democrat. Modoc 230 1,368 Siskiyou 1,122 2,858 Trinity 206 620 Shasta 892 2,753 Lassen 176 1,096 Tehama 725 2,115 Plumas 372 1,147 Sierra 363 606 Nevada ^ 1,656 1,782 Placer 1,433 2,184 El Dorado 655 1,611 Amador 696 1,392 Calaveras 719 1,766 Alpine 30 51 Tuolumne 618 1,445 Mariposa 285 673 Totals 10,178 23,467 Third Congressional District. Gilbert C. F. McMillan Counties. Curry. Ross. Republican. Democrat. Yolo 1,666 1,449 Napa 3,020 1,446 Sacramento 12.056 3,546 Solano 4,287 1,977 Contra Costa 4,141 1,788 San Joaquin 5,890 4,991 Totals 31,060 15,197 Fourth Congressional District. Julius Bert Counties. Kahn. Schlesinger. Republican. Democrat. San Francisco 25,515 14,884 Totals 25,515 14,884 5,090 4,892 J. C. Williams. Socialist. 70 481 123 628 82 291 180 104 475 383 225 122 302 1 267 84 3,818 William L. Wilson. Socialist. 430 551 1,883 960 1,440 1,258 6,52i Norman W. Pendleton. Socialist. 5.090 1168 HILLYEE S LEGAL MANUAL. FOR REPRESENTATIVES IN CONGRESS— Continued. Fifth Congressional District. John I. Stephen V. E. L. Counties. Nolan. Costello. Reguin. Republican. Democrat. Socialist. San Francisco 27,902 18,516 6,962 Totals 27,902 18,516 6.962 Counties. Alameda Sixth Congressional District. Joseph R. Knowland. Republican. 35,219 Totals 35,219 Hiram A. Luttrell. Democrat. 4,135 4,135 J. Stitt Wilson. Socialist. 26,234 26,234 Seventh Congressional District. James Carson Counties. Needham. Republican. Stanislaus 3,375 Merced * 1,482 Madera 573 Fresno 8,054 Kings ,. . 1,810 Tulare 4,048 Kern 3,652 Totals 22,994 Eighth Congressional District. Everis A. Counties. Hayes. Republican. San Mateo 3,324 Santa Cruz 2,664 Santa Clara 11,708 San Benito 957 Monterey , 3,271 San Luis Obispo 2,355 Santa Barbara 3,409 Ventura 2,173 Totals 29,861 Ninth Congressional District. Charles W. Thomas H. Counties. Bell. Kirk. Republican. Democrat. Los Angeles 28,845 14,571 Totals 28,845 14,571 Tenth Congressional District. William D. George Counties. Stephens. Ringo. Republican. Democrat. Los Angeles 43,637 17,890 Totals 43,637 17,890 Denver S. Church. J. S. Cato. Democrat. Socialist. 2,649 970 1,835 485 1,446 213 8,657 2,516 1,47» 364 3,680 1,315 4,007 1,308 23,752 20,620 7,171 James B, Robert Holohan. Whitaker. Democrat. Socialist. 2,294 839 2,955 1,091 6,610 3,146 1,081 263 2,709 781 1,688 796 1,851 737 1,432 472 8,125 Ralph L. George S. Cri swell. Yarnall. Socialist. Prohibition. 11,123 6,510 11,123 6,510 Fred C. Emory D. Wheeler. Martindale, Socialist. Prohibition. 17,126 2,995 17,126 2,995 ELECTION STATISTICS. 1169 FOR REPRESENTATIVES IN CONGRESS— Continued. Eleventh Congressional District, Samuel C. William Noble Asa Helen M. Counties. Evans. Kettner. Richardson. Btoddard. Republican. Democrat. Socialist. Prohibition. Mono 169 93 47 16 San Bernardino 5,294 . 4,541 2,119 1,323 Inyo •. 465 694 259 41 Eiverside 5,649 2,158 1,019 705 Orange 4,443 3,320 896 1,110 San Diego 4,426 12,759 2,355 1,327 Imperial 980 1,257 364 320 Totals 21,426 24,822 7,059 4,842 SUPERIOR JUDGES. Alameda County. (Two to be elected.) William H. Donahue 38,593 F. B. Ogden 45,825 James P. Montgomery 16,069 Kobert M. Koyce 12,766 Fresno County. (Two to be elected.) H. Z. Austin 11,874 Herbert F. Briggs 7,973 Geo. E. Church 8,163 Geo. L. Warlow 8,032 Scattering 2 Kings County. (One to be elected.) M. L. Short 2,969 H. S. Hampton 16 Los Angeles County. (Five to be elected.) James C. Rives 111,389 Paul J. McCormick 109,463 Charles Wellborn 94,427 Frederick W. Houser 89,703 John N. York 76,595 J. W. Summerfield 57,672 G. Bay Horton 55,136 George H. Hutton 35,171 William Frederickson 21,454 Fred H. Taft 13,220 Scattering 1,888 Marin County. (One to be elected.) Unexpired term — Edgar T. Zook 5,323 74 Madera County. (One to be elected.) W. M. Conley A, W. JVederick Scattering , Modoc County. (One to be elected.) Unexpired term — Clarence A. Raker Scattering , Riverside County. (One 10 be elected.) F. E. Densmore T. S. Nightingale Scattering , San Bernardino County. (One to be elected.) Ben j. F. Bledsoe Scattering San Diego County. (One to be elected.) Albert Schoonover W. A. Sloane Scattering , San Francisco County. (Four to be elected.) James V. Cofifey . . Daniel C. Deasy Thomas F. Graham Wm. P. Lawlor Edmund P. Mogan Emil Pohli Edward P. Shortall Lucy Goode White 1,782 116 16 1,450 25 5,976 3,163 2 5,343 12 8,385 10,530 119 66,763 37,706 71,443 54,980 60,968 6,160 54,310 12^84 1170 HILLYER'S LEGAL MANUAL. SUPERIOR JUDGES— Continued. San Joaquin County. (One to be elected.) C. W. Nortou 10,307 14 Scattering Shasta County. (One to be elected.) ,r. E. Barber 3,621 J. G. Estep 30 Tulare County. (One to be elected.) J. A. Allen 5,482 Alfred Daggert 3,230 L. N. Atwood 119 Scattering 3 FOR SENATORS. First Senatorial District — Del Norte, Humboldt, Trinity, Tehama. William Kehoe (Rep.) 5,064 H. P. Andrews (Dem.) 4,901 E. W. Weldon (Soc.) 2,329 Scattering 5 William Kehoe's plurality, 163. Third Senatorial District — Plumas, Sierra, Nevada, Placer, El Dorado. E. S. Birdsall (Rep.) 6,303 John A. Livingston (Dem.) 4,383 A. M. Clark (Soc.) 1,833 E. S. Birdsall's majority, 87. Fifth Senatorial District — Napa, So- lano. B. F. Rush (Rep.) 6,248 Joseph Walsh (Dem.) 4,854 Alonzo Smith Knight (Soc.) 1,261 B, F. Rush's majority, 133. Seventh Senatorial District — Sacra- mento. O. G. Hopkins (Rep.) 6,966 P. C. Cohn (Dem.) 9,162 Andrew Johnson (Soc.) 1,610 P. C. Cohn's majority, 586. Ninth Senatorial District — Marin, Con- tra Costa. Sumner Crosby (Rep.) 5,269 James C. Owens (Dem.) 6,691 R. Leonhart (Soc.) 1,862 J. C. Owen's plurality, 1,422. Thirteenth Senatorial District — Ala- meda. Edw. K. Strobridge (Rep.) 5,529 Benjamin F. Mason (Dem.) 2,032 C. A. Tobey (Soc.) 1,858 Edw. K. Strobridge's majority, 1,639. Fifteenth Senatorial District — Ala- meda. A. H. Breed (Rep.) 14,309 Richard B. Bell (Dem.) 5,356 Harold French (Soc.) 3,805 A. H. Breed's majority, 5,148. Seventeenth Senatorial District — Mon- terey, San Luis Obispo. Alonzo E. Bunker (Rep.) 4,002 A. E. Campbell (Dem.) 6,890 A. M. Rayl (Soc.) 1,043 A. E. Campbell's majority, 1,845. Nineteenth Senatorial District — San Francisco. Edward I. Wolfe (Rep.) 5,499 Edwin E. Grant (Dem.) 5,594 W. S. Vanderburgh (Soc.) 574 Scattering 1 Grant's plurality, 95. Twenty-first Senatorial District — San Francisco. Fred C. Gerdes (Rep.) 8,833 Joseph J. McShane (Dem.) 5,857 Emil Liess (Soc.) 2,737 Fred C. Gerdes' majority, 239. Eleventh Senatorial District — San Twenty-third Senatorial District — San Mateo, San Benito, Santa Cruz. William R. Flint (Rep.) 8,163 John H. Leonard (Dem.) 4,782 Ralph H. Smith (Soc.) 2,182 Scattering 1 William R. Flint's majority, 998. Francisco. Thos. F. Finn (Rep.) 4,420 James H. Ferren (Dem.) 1,696 Rollar Allen (Soc.) 1,510 Scattering 32 Thos. F. Finn's majority, 1,214. ELECTION STATISTICS. 1171 FOR SENATORS— Continued. Twenty-fifth Senatorial District — ^Ven- tura, Santa Barlsara. D. W. Mott (Rep.) 4,893 B. F. Thomas (Dem.) 4,517 Mina Dominguez (Soc.) 1,070 Scattering 2 D. W. Mott's plurality, 376. Twenty-seventh Senatorial District — Santa Clara. Frank H. Benson (Rep.) 6,045 AVilliam Edgar (Dem.) 3,532 W. W. Dunham (See.) 1,168 Scattering 3 Frank H. Benson's majority, 1,342. Twenty-ninth Senatorial District — ^Los Angeles. Henry H. Lyon (Rep.) 4,168 Stephen Monteleone (Dem.) 2,159 Carl K. Broneer (Soc.) 3,697 Scattering 9 Henry H. Lyon's plurality, 471. Thirty-first Senatorial District — Los Angeles. Edwin M. Butler (Rep.) 10,138 Joseph K. Tuttle (Dem.) 5,199 William Francis Ireland (Soc.) . . 4,674 Daniel B. Koeaig (Prohib.) 985 Scattering 21 Edwin M. Butler's plurality, 471. Thirty-third Senatorial District — Los Angeles. Prescott F. Cogswell (Rep.) 8,355 Frank D. Firey (Dem.) 5,165 J. B. Rutherford (Soc.) 1,707 Loring A. Pickering (Prohib.) . . . 2,727 Scattering 10 Prescott F. Cogswell's plurality, 3,190. Thirty-fifth Senatorial District — Los Angeles. Newton W. Thompson (Rep.) 7,570 Philip F. DodsoJi (Dem.) 5,140 Harry J. L. Atwood (Soc.) 4,957 Scattering ' 35 Newton W. Thompson's plurality, 2,430. Thirty-sixth Senatorial District — Los Angeles. William J. Can- (Ind.) 11.139 P. H. Quinn (Ind.) 3,720 Scattering 48 William J. Carr's majority, 7,371. Thirty-seventh Senatorial District — ^Los Angeles. William E. Brown (Rep.) 9,014 Herbert T. Muzzy (Dem.) 5,014 James R. Townsend (Soc.) 3,096 Scattering 7 William E. Brown's majority, 897. Thirty-ninth Senatorial District — ^River- side, Orange, Imperial. John N. Anderson (Rep.) 10,799 Louis Paul Hart (Dem.) 6,484 George Bauer (Soc.) 2,318 F. D. Ashleigh (Prohib.) 2,006 Scattering 4 John N. Anderson's plurality, 4,315. FOR MEMBERS OF First Assembly District — Del Norte, Siskiyou. L. F. Coburn (Rep.) 1,797 William B. Shearer (Dem.) 2,473 Otto L. Haese (Soc.) 899 Scattering 2 Coburn's majority, 676. Second Assembly District — Humboldt. H. C. Nelson (Rop.) 3,715 W. F. Harris (Dem.) 1,360 Gegrge Keeling (Soc.) 2,555 Scattering 1 Nelson's majority, 1,160. Third Assembly District — Shasta, Trin- ity. C. William White (Rep.) 2,223 THE ASSEMBLY. Timothy D. Goodman (Dem.) . . . 1,863 D. N, Cunningham (Soc.) 1,007 White's plurality, 360. Fourth Assembly District — Plumas, Lassen, Modoc, Sierra. A. F. Shartel (Rep.) 2,333 H. D. Semans (Dem.) 2,206 C. M. Goodhue (Soc.) 621 Scattering 1 Shartel's plurality, 127. Fifth Assembly District — Tehama, Glenn, Colusa. James King Kendrick (Rep.) .... 2,526 Harry Polsley (Dem.) 4,210 F. A. Hersey (Soc.) 578 Scattering 1 Polsley's majority, 1,105. 1172 hillyer's legal manual. FOR MEMBERS OF THE ASSEMBLY— Continued. Sixth Assembly District — Mendocino. Horace rremont Milliken (Rep.) . 1,860 T. J. Weldon (Dem.) 2,434 E. S. Scott (See.) 1,167 Scattering 2 Weldon's plurality, 574. Seventli Assembly District — Butte. G. 0. Miller (Rep.) John H. Guill, Jr. (Dem.) A. C. Mastellar (Soc.) William J. Van Orsdel (Prohib.) GuilPs plurality, 1,020. 2,479 3,499 868 662 Sut- Eighth Assembly District — Yuba, ter, Yolo. J. A. Murray (Rep.) 3,509 Lawrence H. Wilson (Dem.) 3,293 August Dahler (Soc.) 655 Murray's plurality, 216. Ninth Assembly District — Nevada, Placer. Edwin C. Gaylord (Rep.) 3,011 George B. Finnegan (Dem.) 3,628 Geo. Heffner (Soc.) 942 Finnegan's plurality, 617. Tenth Assembly District — Solano. Walter S. Thompson (Rep.) 2,131 W. S. Killingsworth, Sr. (Dem.). 3,027 Conrad Rump (Soc.) 727 C. J. Uhl (Ind.) 1,729 Killingsworth's plurality, 896. Eleventh Assembly District — Napa, Lake. Wallace Rutherford (Rep.) 2,752 James M. Palmer (Dem.) 3,676 James Mason (Soc.) 572 Scattering 2 Palmer's majority, 350. Twelfth Assembly District — Sonoma. James W. Hamilton (Rep.) 2,358 G. W. Libby (Dem.) 3,269 Richard Corbett (Soc.) 721 Libby's majority, 411. Thirteenth Assembly District — Sonoma. Lucien E. Fulwider (Rep.) 2,246 H. W. Slater (Dem.) 3,741 Niles F. Spencer (Soc.) 564 Scattering 5 Slater's majority, 926. Fourteenth Assembly District — Sacra- mento. J. M. Inman (Rep.) 4,373 D. E. Wiley (Dem.) 3,052 Howard Nealy Mitchell (Soc.) ... 871 Inman's majority, 450. Fifteenth Assembly District — Sacra- mento. J. Fontaine Johnson (Rep.) 3,592 Hugh B. Bradford (Dem.) 4,135 Herman Schoech (Soc.) 675 Bradford's plurality, 543. Sixteenth Assembly District — Amador, El Dorado, Alpine, Calaveras. F. G. Stevenot (Rep.) 2,701 Will A. Dower (Dem.) 4,207 D. W. Thorne (Soc.) 627 Scattering 1 Dower's majority, 878. Seventeenth Assembly District — Marin. Charles W. Byrnes (Rep.) 3,267 T. S. Malone (Dem.) 992 C. C. Edwards (Soc.) 1,621 Byxnes' majority, 654. Eighteenth Assembly District — Contra Costa. T. D. Johnston (Rep.) 3,694 Edw. M. Hasey (Dem.) 2,198 John Dahlstrom (Soc.) 1,336 Johnston's majority, 160. Nineteenth Assembly District — San Joaquin. Elisha R. Lawrence (Rep.) 1,517 J. W. Stuckenbruck (Dem.) 4,029 M. H. Steely (Soc.) 525 Stuckenbruck's majority, 1,987. Twentieth Assembly District — San Joa- quin. E. H. McGowan (Rep.) 2,616 W. C. Wall (Dem.) 3,257 R. A. Hawley (Soc.) 432 Wall's majority, 209. Twenty-first Assembly District — San Francisco. Walter A. McDonald (Rep.) 2,896 James W. Farrell (Dem.) 1,491 Isaac Sturza (Soc.) 1,030 McDonald's majority, 375. Twenty-second Assembly District — San Francisco. William P. Kennedy (Rep.) 1,495 John J. Ford, Jr. (Dem.) 1,680 Carl F. Loschenkohl (Soc.) 609 Ford's plurality, 185. Twenty-third Assembly District — San Francisco. James J. Ryan (Rep.) 2,105 John Joseph Bogue (Dem.) 1,981 Herman E. Doyal (Soc.) 1,624 Ryan's plurality, 124. ELECTION STATISTICS. 1173 FOR MEMBERS OF THE ASSEMBLY— Continued. Twenty-fourth Assembly District — San Francisco. William M. Collins (Eep.) 3,502 George M. Wilson (Dem.) 1,789 Louis I. Fortin (Soc.) 1,301 Collins' majority, 412. Twenty-fifth Assembly District — San Francisco. George M. Hench (Rep.) 3,052 William C. McCarthy (Dem.) 3,768 Michael F. Heaney (Soc.) 1,029 McCarthy's plurality, 716. Twenty-sixth Assembly Francisco. District — San William B. Bush (Rep.) 5,810 Ray Elric Brouillet (Dem.) 3,289 Mads Peter Christensen (Soc.) . . . 1,711 Bush's majority, 810. Twenty-seventh Assembly District— San Francisco. J. E. White (Rep.) 3,246 Edward P. Walsh (Dem.) 4,566 Helen Willsey Hall (Soc.) 615 Walsh's majority, 705. Twenty-eighth Assembly District — San Francisco. Wm. S. Scott (Rep.) 4,355 Walter T. Lyon (Dem.) 2,802 Lizzie Robe (Soc.) 755 Scott's majority, 798. Twenty-ninth Assembly District — San Francisco. George A. Wentworth (Rep.) 3,209 Ignatius A. Richardson (Dem.) . . . 3,381 K. J. Doyle (Soc.) 1,415 Scattering 2 Richardson's plurality, 172. Thirtieth Assembly District — San Fran- cisco. Edward J. D. Nolan (Rep.) 4,843 T. E. Strong (Dem.) 2,513 Thomas P. D. Gray (Soc.) 1,226 Scattering 3 Nolan's majority, 1,101. Thirty-first Assembly District — San Francisco. Milton L. Schmitt (Rep.) 4,875 George Douglas Wise (Dem.) 2,596 Adelheid Oswald (Soc.) 584 Schmitt's majority, 1,695. Thirty-second Assembly District — San Francisco. John Gillson (Rep.) 3,678 Arthur L. Shannon (Dem.) 3,757 Allen K. Gifford (Soc.) 696 Shannon's plurality, 79. Thirty-third Assembly District — San Fraficisco. Victor J. Canepa (Rep.) 2,363 John Angus Macaulay (Dem.) .... 1,804 Salvatore Schiro (Soc.) 400 Canepa's majority, 159. Thirty-fourth Assembly District — ^Ala- meda. A. A. Rogers (Rep.) 2,480 George Beck (Dem.) 2,698 O. A. Shaw (Soc.) 746 Beck's plurality, 218. Thirty-fifth Assembly meda. District — Ala- Alfred Morgenstern (Rep.) 4,397 E. D. Rue (Dem.) 1,653 E. A. Larkin (Soc.) 2,144 Morgenstern's majority, 600. Thirty-sixth Assembly meda. District — Ala- Frank M. Smith (Rep.) 3,892 Henry H. McPike (Dem.) 3,020 J. E. Cofer (Soc.) 2,016 Smith's plurality, 872. Thirty-seventh Assembly District — ^Ala- meda. William C. Clark (Rep.) 5,384 James K. Moffitt (Dem.) 2,203 P. B. Cowdery (Soc.) 1,149 Clark's majority, 2,032. Thirty-eighth Assembly District — ^Ala- meda. Daniel Ferguson (Rep.) 2,789 John R. Kelly (Dem.) 1,080 H. C. Tuck (Soc.) 1,300 Ferguson's majority, 409. Thirty-ninth Assembly District — Ala- meda. George Fitzgerald (Rep.) 3,156 J. W. McMannis (Dem.) 821 H. G. Strowenjans (Soc.) 2,270 Fitzgerald's majority, 65. 1174 hillyer's legal manual. FOR MEMBERS OF THE ASSEMBLY— -Continued. Fortieth Assembly District — Alameda. George Gelder (Rep.) 3 440 C. F. Fraser (Dem.) 1 75I W. M. Bartlett (Soc.) .[ 2'l59 Gelder's plurality, 1,281. Forty-first Assembly District^-Alameda. C C. Young (Rep.) 5,630 Wm. A. Powell (Dem.) 2 507 Elvina S. Beals (Soc.) 1^486 Young's majority, 1,637. Forty-second Assembly District — San Mateo. Henry Ward Brown (Rep.) 3,374 E J Crane (Dem.) 1 958 Hy. Meyer (Soc.) 896 Brown's majority, 1,520. Forty-third Assembly District— Santa Cruz. D. D. Bowman (Rep.) 2,663 John B. Maher (Dem.) , 2 566 Cora P. Wilson (Soc.) l'l90 Scattering [ ' 2 Bowman's plurality, 97. Forty-fourth Assembly District^Santa Clara. L. D. Bohnett (Rep.) 5 721 William M. Hines (Dem.) 3^897 Paul Lambert (Soc.) 1127 Scattering ' 5 Bohnett's majority, 692. Forty-fifth Assembly District — Santa Clara. 5;-^V??.^f^ ^^^P-) • • • 4,573 Elijah Miller (Dem.) 3 99,1 Jennie Arnott (Soc.) l'l02 Scattering ' ' 5 Hayes' plurality, 582. Forty-sixth Assembly District— Stanis- laus. W^alter H. Killam (Rep.) 1 948 David W. Tulloch (Dem.)... 3'o72 W. B. Harvey (Soc.) '641 S. C. Gibson (Prohib.) 1 473 Tulloch's plurality, 1,124.' ' Forty-seventh Assembly District — Mari- posa, Tuolumne, Inyo, Mono. Geo. A. Clarke (Rep.) 2,598 J. A. Van Harlingen (Dem.) 1,995 Mary M. McNeill (Soc.) 646 Scattering 2 Clarke's plurality, 603. Forty-eighth Assembly District — Mon- terey, San Benito. William Sandholdt, Jr. (Rep.) . . . 3,191 J. K. Alexander (Dem.) 4,806 S. G. Button (Soc.) 955 Scattering 2 Alexander's majority, 658. Forty-ninth Assembly District — Merced, Madera. George Marchbank (Rep.) 2,247 J. J. Griffin (Dem.) 2,961 O. H. Cole (Soc.) 743 Scattering 2 Griffin's plurality, 714. Fiftieth Assembly District — Fresno. W. P. Chandler (Rep.) 2,309 W. H. Kerr (Dem.) 1,774 Christian Christensen (Soc.) 749 Don A. Allen (Prohib.) 352 Scattering 4 Chandler's plurality, 535. Fifty-first Assembly District — Fresno. W. A. Sutherland (Rep.) 3,113 Henry Hawson (Dem.) 2,988 Walter Clifton (Soc.) 765 Scattering 1 Sutherland's plurality, 125. Fifty-second Assembly Fresno. District L. B. Cary (Rep.) 2,963 F. E. Jones (Dem.) 2,734 Dr. O. W. Osteinwand (Soc.) 186 Scattering 3 Gary's majority, 40. Fifty- third Assembly District — San Luis Obispo. A. B. Green (Rep.) 2,695 Mary Ella Ridle (Dem.) 1,471 J. M. Emmert (Soc.) 751 Green's majority, 473. Fifty-fourth Assembly District — King. R. A. Moore (Rep.) 1,639 J. W. Guiberson (Dem.) 1,664 C. J. Snyder (Soc.) 326 Guiberson's plurality, 25. Fifty-fifth Assembly District — Tulare. G. W. Wyllie (Rep.) 3,973 Aubrey M. Lumley (Dem.) 3,840 Peter Schulp (Soc.) 1,294 Wyllie's plurality, 133. ELECTION STATISTICS. 1175 FOR MEMBERS OF THE ASSEMBLY— Continued. Fifty-sixth Assembly District — Kern. Fred J. Crease (Rep.) 3,475 William E. Simpson (Dem.) 5,231 I. T. Sharp (Soc.) 1,101 . Simpson's majority, 655. Fifty-seventh Assembly District — San Bernardino. George H. Johnson (Eep.) 2,891 J. L. McMinn (Dem.) 2,230 L. Wm. Gurr (Soc.) 1,140 J. M. Hartley (Prohib.) 693 Johnson's plurality, 661. Fifty-eighth Assembly District — San Bernardino. James E. Cram (Eep.) .2,911 Evan G. Evans (Dem.) 1,962 Edward J. Eoher (Soc.) 755 S. T. Martin (Prohib.) 566 Cram's plurality, 919. Fifty-ninth Assembly District — Santa Barbara. C. L. Preisker (Eep.) 2,946 Henry C. Bagby (Dem.) 3,089 J. H. Hoback (Soc.) 505 Scattering 5 Bagby's plurality, 143. Sixtieth Assembly District — Ventura. Thomas G. Gabbert (Eep.) 2,104 W. E. Shepherd (Dem.) 1,738^ J. M.. Mathews (Soc.) 397 Gabbert's plurality, 366. Sixty-first Assembly District — Los Angeles. W. A* Eoberts (Eep.) 3,682 Daniel S. Hammack (Dem.) 2,365 P. D. Noel (Soc.) 1,656 Enoch A. Holtwick (Prohib.) 69fi Charles H. Eandall (Ind.) ....... 2,782 Scattering 5 Eoberts' plurality, 900. Sixty-second Assembly District — Los Angeles. Preman H. Bloodgood (Rep.) .... 4,755 Force Parker (Dem.) 2,392 Herman H. Holtkamp (Soc.) 1,220 Etta B. Taft (Prohib.) 488 Scattering t 2 Blo'odgood's majority, 653. Sixty-third Assembly District — Los Angeles. Henry Stanley Benedict (Eep.).. 7,117 John W. Satterwhite (Dem.) 3,202 Sallie E. Bowman (Soc.) 1,347 Wiley J. Phillips (Prohib.) 640 Scattering 12 Benedict's majority, 1,916. Sixty-fourth Assembly District — Los Angeles. Frank E. Woodley (Eep.) 5,440 Troy Edward Burns (Dem.) 3,082 L. Gilbert Wilhite (Soc.) 1,867 Scattering 3 Woodley's majority, 488. Sixty-fifth Assembly District — Los Angeles. J. Henry Baetz (Eep.) 1,182 J. Scott Allen (Dem.) 1,068 C. W. Kingsley (Soc.) 1,534 Scattering 2 Kingley's plurality, 352. Sixty-sixth Assembly District — Los Angeles. Thomas L. Ambrose (Eep.) 3,064 Benjamin F. Groves (Dem.) 1,902 William J. Coady (Soc.) 2,591 Scattering 24 Ambrose's plurality, 473. Sixty-seventh Assembly District — Los Angeles. Howard J. Fish (Eep.) 4,573 Clark McLain (Dem.) 1,583 Samuel C. Eamage (Soc.) 1,017 Gabrella T. Stickney (Prohib.).. 2,139 Scattering 2 Fish's plurality, 2,434. Sixty-eighth Assembly District Angeles. W. A. Johnstone (Eep.) Barnard Hartley (Dem.) E. B. Johnson (Soc.) Henry L. Kuhns (Prohib.) Scattering Johnstone's plurality, 2,046. Sixty-ninth Assembly District Angeles. -Los 3,956 1,645 689 1,910 2 Egbert J. Gates (Eep.) Fred A. Young (Dem.) B. E. Brainard (Soc.) Alice P. Woertendyke (Prohib.) Scattering Gates' plurality, 2,204. — Los 4,322 , 2,118 1,786 1,750 9 1176 hillyer's legal manual. FOR MEMBERS OF THE ASSEMBLY— Continued. Seventieth Assembly District — Los Angeles. John H. Strine (Rep.) 4,019 Charles L». Soyster (Dem.) 2,920 Charles H. Dodd (Soc.) 966 Jesse W. Robinson (Prohib.) 1,319 Strine's plurality, 1,099. Seventy-first Assembly District — Los Angeles. Elijah A. Emmons (Rep.) 3,187 Ed. O. Bailey (Dem.) 1,855 Alexander Kane (Soc.) 3,118 Lucy D. Wilhoite (Prohib.) 466 Scattering 8 Emmons' plurality, 69. Seventy-second Assembly District — ^Los Angeles. Arthur G. Kuck (Rep.) 6,024 T. B. Crane (Dem.) 3,348 A. M. Salyer (Soc.) 1,508 Newton Hogan (Prohib.) 925 Scattering 9 Kuck's majority, 234. Seventy- third Assembly District — Los Angeles. Howard A. Peairs (Rep.) ... 3,284 S. M. Smyser (Dem.) 1,870 George W. Downing (Soc.) 3,017 Horace J. Winslow (Prohib.) .... 591 Scattering 3 Peairs* plurality, 267. Seventy-fourth Assembly District — ^Los Angeles. Frank H. Mouser (Rep.) 3,002 Claud E. Sheckels (Soc.) 2,617 L. C. Haller (Soc.-Lab.) 786 Scattering 12 Mouser's plurality, 385. Seventy-fifth Assembly District — Los Angeles. Lvman Farwell (Rep.) 5,664 Emmet Wilson (Dem.) 3,154 Albert J. Peterson (Soc.) 1,209 Scattering 9 Farrell's majority, 1,292. Seventy-sixth Assembly District — Orange. Hans V. Weisel (Rep.) 4,450 I. D. Mills (Dem.) 3,420 J. H. Stewart (Soc.) 870 W. T. Mitchell (Prohib.) 969 Weisel's plurality, 1,030. Seventy-seventh Assembly District — Riverside. William H. Ellis (Rep.) 4,694 Robert M. Irving (Dem.) 2,336 S. S. Samuels (Soc.) 1,098 Joseph Jarvis (Prohib.) 928 Ellis' majority, 332. Seventy-eighth Assembly District — ^Im- perial. H. W. Morehouse (Rep.) 1,440 Jas. W. Glassford (Dem.) 1.108 J. W. Kramer (Prohib.) 193 Scattering 1 Morehouse's majority, 138. Seventy-ninth Assembly District — San Diego. E. C. Hinkle (Rep.) 6,864 Edward T. Lannon (Dem.) 3,307 Kasper Bauer (Soc.) 2,083 Irving H. Skinner (Prohib.) 612 Hinkle's majority, 862. Eightieth Assembly District — San Diego. Fred E. Judson (Rep.) 3,424 George C. Tyler (Soc.) 1,220 E. E. Lowe (Prohib.) 1,071 Scattering 1 Judson's majority, 1,132. ELECTION STATISTICS. 1177 CONSTITUTIONAL AMENDMENTS, INITIATIVE AND REFER- ENDUM PROPOSITIONS. S. C. A. No. S. To propose to the people of the State of Cali- fornia an amendment to section 16i, of article XI, of the con- stitution, relating to the deposit of moneys helonging to the state, etc. A. O. A. No. 8. To propose to the people of the State of Cali- fornia an amendment to the constitution of the state by amending section 7 of article IX thereof, relating to boards of education, free text-books, etc. Referendum Petition. An act to amend the Political Code of the State of California by adding two new sections thereto, to be numbered 4149e and 4149f, providing for the appointment of a registrar of voters. Totals Yes. No. Yes. No. Yes. No. 307,199 128,411 343,443 171,486 145,924 255,051 Eeferendum Petition. An act to amend section 4232 of the Political Code of California re- lating to the salaries and fees of officers in counties of the third class, etc. Yes. No. Beferendum Petition. An act to amend section 4013 of the Political Code of California rel- ative to the officers of a county, etc. Totals 135,303 Yes. 142,729 No. 246,818 Initiative Measure. Proposing to amend section 7 of article XI of the constitu- tion of the State of California, relating to the formation of consolidated city and county governments, etc. Yes. No. 174.076 280,465 Initiative Measure. An act to prohibit book- making and pool-selling, and to provide for the appointment of a state racing commission to grant licenses for horse racing, etc. Totals, Yes. 149,864 No. 353,070 Initiative Measure. Proposition to amend ar- ticle XIII of the con- stitution of the State of California by the adding of a new section to said article, to be designated and numbered as section 8 J of said article, relat- ing to taxation by coun- ties, cities and counties, cities, towns, districts and townships, etc. Yes. No. 169,321 243,959 3178 IIILLYER'S LEGAL MANUAL TABLE OF MUNICIPAL ELECTION DATES AND COMMENCEMENT OF OFFICIAL TERMS. Name. Alameda. Berkeley. Eureka. . Fresno. .. Year, .odd Grass Valley. Long Beach. . Los Angeles ^. Los Angeles pritnury. Marysville : • • • . Modesto ■ Monterey Nevada City Napa Oakland Palo Alto Pasadena; Petaluma. Pomona Richmond Richmond School. Riverside Sacramento. Salinas San Bernardino. . . San D'ego San Diego primary. San Francisco San Francisco primary. San .Jose San Luis Obispo. ....... Santa Barbara .". Santa Clara Santa Cruz Santa Monica. San Rafael. . . Santa Rosa. . . Stockton Vallejo Watson villa. . , Election. 2d Monday in April 1st and 4th Saturdays in April.... odd .3d Monday in June odd 2d Monday in April (quadrennially) odd . 3d Monday in May odd 2d Tuesday in November odd Secoird election 3 weeks later. 1st Tuesday ia June. odd 1st Tuesday in May odd .3d Monday in March even .2d and 4th Tuesdays in April odd .2d Monday in April odd . 1st Monday in May ann. .Ist Monday in May odd . 3d Tuesday in Apl-il odd .2d Monday in May .odd . Ist Thursday in April odd Primary election 3 weeks before. .2d Tuesday in June odd 1st Monday in April odd 2d Monday in May odd 1st Saturday in May even ..3d Tuesday in November. . , odd '1st Saturday in May and ann. 2d Saturday after official declara- tion of canvass. . 1st Monday in June ,..."..... odd .2d Monday in April odd , Tuesday after 1st Monday in April. odd , 2d Tuesday prec. gen'l municipal election. , 1st Tuesday after 1st Monday in November odd .Last Tuesday in September odd , 3d Monday in May even , 1st Monday in April '. . . .odd .1st Tuesday in December odd ..1st Monday in April ann. . Tuesday after Ist Monday in May. .odd and second Tuesday thereafter. .1st Tuesday in December odd , 2d Morday in April odd , 1st Tuesday in April even .1st and 3d Tuesdays in October, .even . 1st and 3d Tuesdays in April. . . . .'. .odd .2d Monday in May odd Official Term Begins. Year. 3d Monday in April odd July 1 odd 2d Monday in July odd First Monday after election odd 2d Monday in July odd 1st Monday after Jan. 1 even 1st Monday in July odd 1st Monday in April even 1st Monday in May odd 1st Monday in May odd Within 10 days after ejection. .. .ann. 1st Monday in June .odd July 1...; odd July 1 odd 1st Monday in May odd 1st Monday in July odd 1st Monday after election odd July 1 ....odd July 1 even 1st Monday in January even July 1 ann. 1st, Monday in July odd 2d Monday in May. . , odd 1st Monday in May odd 1st Monday after Jan. 1 even 1st Monday in July even Mav 15 • • odd I't Monday in January even 1st Monday in July ann. 1st Monday in July odd 1st Mondav in January ; even Monday after election odd 3d Tuesday in April even Ist Monday in January odd Tilly 1 odd Monday succeedirg election odJ SYNOPSIS OF ELECTION LAWS. State elections must be held on the first Tuesday after the first Monday in November in even-numbered years. (Pol. C. 1041.) Governor must issue election proclamation at least 30 days before a general election and 10 days before a special election. (Pol. C. 1053.) Board of Supervisors must publish and post Governor's proclamation at least 10 days before general or special election. (Pol. C. 1055.) Board of Supervisors may publish and post proclamation for special election to fill vacancv in legislature for not more than 5 days. (Pol. C. 1055.) Board of Supervisors must when a special election is called by them issue proclamation and publish and post in same manner as proclama- tions by Governor. (Pol. C. 1056.) Executive committee of political party must protest appointment of election commissioners in San Francisco, Avithin 10 days after appoint- ment. (Pol. C. 1075.) ELECTION LAWS. 1179 Election commissioners and secretary must qualify within 15 days after appointment. (Pol. C. 1076.) Naturalization must be completed 90 days before election. (Pol. C. 1083.) Voter must reside in county 90 days and precinct 30 days before election. (Pol. C. 1083.) New registration begins on January 1 in each even-numbered year. (Pol. C. 1094.) Registration closes 30 days before election. (Pol. C. 1094.) Old registration may be used for municipal and special elections held between January 1 and April 1 in even-numbered years. (Pol. C. 1094.) District registration must be permitted in San Francisco for 5 days immediately preceding the close of registration for September primary. (Pol. C. 1094.) Citation may issue to voter in San Francisco to correct former place of residence in former registrations within 10 days. (Pol. C. 1094.) Voter residing in lodgings may be cited to verify his vote on 5 days' notice. (Pol. C. 1094.) Certified copy of challenge lists of voters registered from lodgings must be mailed to inspectors at least 3 days before election. (Pol. C. 1094.) Naturalized citizen need not produce papers nor make affidavit of loss if he has registered in same county within 8 years. (Pol. C. 1097.) Registration affidavits must be preserved at least 5 years. (Pol. C. 1103.) County clerk must examine records of courts and ascertain persons whose registration must be canceled by reason of commission of crime, in the first week of September. (Pol. C. 1106.) County clerk must furnish registrars of voters with list of convic- tions before 1st day of September and registrar must cancel registra- tions in first week in September. (Pol. C. 1106a.) Clerk must bind affidavits of registration within 5 days after close of registration. (Pol. C. 1113.) Clerk must index register within 5 days thereafter. (Pol. C. 1115.) Clerk must deliver duplicate book of affidavits and 5 copies of index to precinct board before the day of election. (Pol. C. 1116.) Registration for municipal or special elections shall be in progress at all times except during the 30 days immediately preceding. (Pol. C. 1120.) Board of Supervisors or Election Commissioners must appoint elec- tion board and designate polling places 25 days before election. (Pol. C. 1131.) Names of election boards must be published for two successive issues, the last publication to be 1 week before election. (Pol. C. 1142.) Polls must be kept open from 6 A. M. to 7 P. M. (Pol. C. 1160.) Certificates of nomination required to be filed with the Secretary of State must be filed not more than 60 nor less than 35 days before election. (Pol. C. 1192.) 1180 HILLYER^S LEGAL MANUAL. Certificate of nomination required to be filed with county clerk or city clerk must be filed not more than 50 nor less than 20 days before election. (Pol. C. 1192.) Certificates of nomination must be preserved for 2 years. (Pol. C. 1191.) Arguments upon proposed constitutional amendments must be for- warded to Secretary of State within 1 year after adjournment of legis- lature. (Pol. C. 1195.) Secretary of State certifies propositions to be submitted to county clerks not less than 25 days before next ensuing election. (Pol. C. 1195.) Secretary of State furnishes county clerks with printed copies of amendments, statements and propositions for mailing, at least 30 days before election. (Pol. C. 1195.) County clerks mail proposed amendments and propositions and state- ments to voters at the same time as sample ballots. (Pol. C. 1195.) Request to Secretary to prepare a ballot title for constitutional amendment or proposition to be submitted must be filed with Secretary of State 130 days before the election. (Pol. C. 1197.) Secretary of State to transmit copy of proposed amendment or prop- osition to Attorney General forthwith. (Pol. C. 1197.) Attorney General provides and returns ballot title to Secretary of State within 10 days. (Pol. C. 1197.) Secretary of State to give notice of preparation and copy of ballot title to persons who have requested its preparation immediately on receipt thereof from the Attorney General. (Pol. C. 1197.) Objections to ballot title must be filed with Secretary of State within 10 days after mailing of notice and copy of ballot title by the Secre- tary of State. (Pol. C. 1197.) Secretary of State must forthwith file copy of question, ballot title and objections with Board of Title Commissioners. (Pol. C. 1197.) Board of Title Commissioners fixes hearing, notifies parties, holds hearing, prepares title, and certifies it to Secretary of State, all within 10 days from receipt of the objections by them. (Pol. C. 1197.) County clerk destroys unused ballots in his possession immediately upon arrival of hour for closing polls on day of election and files his affidavit thereof forthwith. (Pol. C. 1199.) No person shall occupy an election booth longer than 10 minutes. (Pol. C. 1207.) Mailing sample ballots must commence 10 days and be completed 5 days before election. (Pol. C. 1210.) Persons entitled to vote are entitled to two hours without deduction of pay. (Pol. C. 1212.) Judges of election must canvass the vote immediately upon closing of the polls. (Pol. C. 1252.) Election Board must post result of votes cast before it adjourns. (Pol. C. 1261.) Election Board must immediately transmit unsealed to the County Clerk copy of result. (Pol. C. 1261.) ELECTION LAWS. 1181 County Clerk or registrar must keep one list of voters and tally list and attached list open to inspection for six months. (Pol. C. 1262.) Rosters of Voters must be kept by County Clerk or registrar of voters for 1 year. (Pol. C. 1264.) County Clerk must keep ballots for 1 year. (Pol. C. 1265.) Board of Supervisors must meet to canvass returns on first Monday after election. (Pol. C. 1278.) Canvass must proceed from day to day and not less than 6 hours each day until completed. (Pol. C. 1281.) County Clerks must make out and deliver certificates of election immediately. (Pol. C. 1284.) County Clerks must transmit district returns to County Clerk of county first in alphabetical list of counties in district immediately. (Pol. C. 1286.) Clerk to whom district returns are forwarded must compile returns, make out and transmit certificate of election and forward statement to Secretary of State on the 20th day after election or sooner if all the returns are in. (Pol. C. 1287.) County Clerk must make out statement of vote for State officers, judicial officers other than Justices, members of State Board of Equal- ization, legislature, constitutional amendments and propositions to be voted on by the State at large, and transmit to Secretary of State immediately. (Pol. C. 1289.) Secretary of State must make out statement and estimate of vote and file with Governor immediately. (Pol. C. 1290.) Governor must issue commissions immediately after receipt of state- ment. (Pol. C. 1292.) Secretary of State must make out abstracts of vote for Governor and Lieutenant Governor and immediately mail one to the speaker-elect and deliver the other to a member elect of the legislature or hold- over senator. (Pol. C. 1294, 1295.) The person to whom the abstract is delivered must deliver it to the speaker on the second day after his election. (Pol. C. 1295.) The legislature must canvass the vote for Governor and Lieutenant- Governor and declare the result during the first week of the session. (PoL C. 1296.) County Clerk must make certified abstract of vote for presidential electors as soon as the statement of the vote for his county is entered on the records of the board of supervisors. (Pol. C. 1308.) The County Clerk must transmit the abstract of presidential returns to the Secretary of State without delay. (Pol. C. 1309.) The Secretary of State must estimate the vote and certify the result to the Governor on the last Monday of the month in which the election is held. (Pol. C. 1313.) The Governor must upon receipt of the certificate of the Secretary of State transmit to him certificates of election to the presidential election. (Pol. C. 1314.) The Governor must deliver to the electors a list of the names of the electors before the day of their meeting. (Pol. C. 1314.) 1182 The presidential electors meet at Sacramento on the second Monday in January next following their election at 2 P. M. (Pol. C. 1315.) Representatives in Congress are elected in the even-numbered years. (Pol. C. 1344.) The County Clerk makes abstract of vote for representative and transmits it without delay to the Secretary of State. (Pol. C. 1344, 1345.) On the 60th day after election or sooner if the returns from all the counties of any Congressional district are in, the Secretary of State estimates the vote and certifies the result to the Governor. (Pol. C. 1346.) The Governor transmits certificate of election to representatives on receipt of the certificate of the Secretary of State. (Pol. C. 1347.) Candidates voted for must file statement of election expenses within 15 days after day of election. (Stats. 1913, p. 596.) Treasurer of campaign committee must file statement within 15 days after day of election. (Stats. 1907, p. 671, § 2.) Claims payable by a campaign committee must be presented within 10 days after return of election and must be paid within 15 days after completion of the official canvass. (Stats. 1907, p. 671, §4.) Claims payable by a candidate must be presented within 10 days after day of election and paid within 12 days after day of election. (Stats. 1907, p. 671, § 4.) Instructions in use of voting machines must be given and notice of place of instruction published at least 20 days before the day of election. (Stats. 1913, p. 691.) Petition of new party for leave to participate in primary election must be filed with the Secretary of State on or before the 50th day before such primary election. (Stats. 1913, p. 1381.) August primary is held on the last Tuesday in Augfust. (Stats. 1913, p. 1382.) Primaries other than the August primary or May presidential primary are held on the Tuesday 3 weeks next preceding the election for which the primarj^ is held. (Stats. 1913, p. 1382.) County Clerks and registrars of voters transmit statement of regis- tration to Secretary of State on the 1st Monday in February, the Monday 50 days before the 1st Tuesday in May, 1st Monday in June and the Monday 50 days before the last Tuesday in August, in even- numbered years. (Stats. 1913, p. 1382.) Secretary of State sends county clerks and registrars notice of the offices for which candidates are to be nominated and the political parties qualified to participate therein at least 40 days before the August primary in even-numbered years. (Stats. 1913, p. 1382.) County clerks and registrars publish so much of Secretary of State 's notice as may be applicable to their county, and statement of number of members of county committee for each party within 10 days from receipt of notice from Secretary of State and make publication once in each week for two successive weeks. (Stats. 1913, p. 1382.) ELECTION LAWS. 1183 In August primary elections in odd-numbered years for city or city and county officers, city clerks or secretaries of legislative body, or registrars of voters publish notice of election once in each week for 2 successive weeks, the last publication to be not more than 40 nor less than 14 days before such primary election. (Stats. 1913, p. 1383.) In primary elections other than August primary city clerks or secre- taries publish notice 1 time not more than 40 and not less than 14 days before the primary. (Stats. 1913, p. 1383.) Nomination papers must be filed 40 days before August primary or May presidential primary and 20 days before any other primary. (Stats. 1913, p. 1383.) Appointment of verification deputies must be filed by candidate when petition is left for examination by county clerk. (Stats. 1913, p. 1383.) Verification deputies may obtain signatures not more than 70 nor less than 40 days before August primary or May presidential primary, (Stats. 1913, p. 1386.) Verification deputies may obtain signatures not more than 40 nor less than 20 days before primaries other than August and May presidential. (Stats. 1913, p. 1386.) Nomination papers required to be filed with Secretary of State must be left with county clerk for examination 40 days before August primary or May presidential primary. (Stats. 1913, p. 1389.) County clerks and registrars forward papers to Secretary of State 5 days after they are left for examination. (Stats. 1913, p. 1389.) Candidate must file statement at least 35 days before August or May presidential primary. (Stats. 1913, p. 1389.) Secretary of State apportions fees received by him among the coun- ties entitled thereto within 10 days after primary election. (Stats. 1913, p. 1393.) Secretary of State transmits certified nomination list to county clerks and registrars at least 30 days before August or May presidential primary. (Stats. 1913, p. 1393.) County clerk publishes notice once each week for 2 weeks prior to election. (Stats. 1913, p. 1394.) County clerk or registrar prepares sample ballots at least 20 days and mails them not more than 10 nor less than 5 days before election, (Stats. 1913, p. 1400.) Sample ballot must be furnished chairmen of county committees of participating parties and posted in office of county clerk or registrar forthwith. (Stats. 1913, p. 1400,) Polls must be kept open from 6 A. M. to 7 P. M. (Stats. 1913, p. 1401.) Canvassing boards meet on 1st Thursday after primary, (Stats. 1913, p, 1403.) Canvass must be completed not later than 6 P. M. on the 16th day following the primary. (Stats. 1913, p. 1403.) Statements of results must be filed and mailed immediately. (Stats. 1913, p. 1403.) 1184 hillyer's legal manual. Secretary of State compiles results not later than 25 days after primary. (Stats. 1913, p. 1404.) Secretary of State certifies names of candidates to county clerks and registrars not less than 30 days before November election. (Stats, 1913, p. 1405.) State conventions meet at Sacramento on the 3d Tuesday in Sep- tember in even-numbered years. (Stats. 1913, p. 1405.) State conventions make platform public not later than 6 P. M. of Thursday following. (Stats. 1913, p. 1405.) County clerks determine the number of county central committee men between the 1st and 2d Mondays of June preceding the primary. (Stats. 1913, p. 1405.) County Central Committees organize at the courthouse on the 2d Tuesday in September following the primary. (Stats. 1913, p. 1406.) Person entitled to withdraw from nomination must file request at least 30 days before election. (Stats. 1913, p. 1408.) Contest of primary election must be begun within 5 days after com- pletion of the canvass. (Stats. 1913, p. 1409.) Contestant must mail copy of affidavit to contestee on the day it is filed. (Stats. 1913, p. 1409.) County clerk must post notice of contest upon the filing thereof. (Stats. 1913, p. 1409.) County clerk must present affidavits and proof of posting to Superior Judge within 2 days after expiration of time for contests. (Stats. 1913, p. 1409.) Hearing of contest must be fixed for not less than 1 nor more than 3 days after presentation by county clerk. (Stats. 1913, p. 1409.) POPULATION OF CALIFORNIA BY DECADES. From Henry K. Norton's "Story of California." San Fran- Los An- San Sacra- State. Cisco. geles. Oakland. Diego. mento. 1780 600* 46 1790 970 140 1800 1,200 315 1810 2,130 365 1820 3,270 615 1830 4,250 300 1,000* • 1840 6,000t 280 1,800* ■ 1850 92,579 34,000* 1,610 6,820 1860 379,994 56,802 4,399 1,543 731 13,785 1870 560,247 149,473 5,614 10,500* 2,300* 16,283 1880 864,694 233,959 11,183 34,555 2,637 21,400 1890 1,208,130 298,997 50,395 48,682 16,159 26,386 1900 1,485,053 342,782 102,479 66,960 17,700 29,282 1910 2,377,549 416,912 319,198 150,174 39,578 44,696 *Estimated. tEstimated from 1841. POPXn^TION. 1185 POPULATION OF MINOR CIVIL DIVISIONS, 1910— CENSUS. [Township means Alameda County 246,131 Alameda township, coextensive with Alameda city 23,383 Brooklyn township, including ward 7 of Oakland city and part of San Leandro city 49,140 Oakland city in Brooklyn and Oakland townships 150,174 Eden township, including Hay- ward town and part of San Leandro city 11,515 Hayward town 2,746 Murray township, including Livermore town 4,137 Livermore town 2,030 Oakland township, including Albany, Berkeley, and Pied- mont cities and Emeryville town, and wards 1 to 6 of Oak- land city 147,199 Albany city 808 Berkeley city 40,434 Emeryville town 2,613 Piedmont city 1,719 Pleasanton township, including Pleasanton town 2,883 Pleasanton town 1,254 Washington township 7,874 309 309 Alpine County, Township 1 Amador County 9,086 Township 1, Jackson, including Jackson city 3,226 Jackson city 2,035 Township 2, lone 1,551 Township 3, Volcano 1,064 Township 4, Sutter Creek 2,047 Township 5, Plymouth 1,198 Butte County 27,301 Bidwell township 587 Chico township, including Chico city 11,775 Chico city 3,750 Concow township 961 Dayton township 739 Gridley township, including Gridley city 2,081 Gridley city 987 Hamilton township, including Biggs city 1,837 Biggs city 403 Honcut township 471 Humboldt township 119 Kimshew township 1,927 Mountain Spring township 256 Nelson township 178 75 judicial township.] Ophir township, including Oro- ville city Oroville city Oregon township Oro township Wyandotte township Calaveras County Township 1, San Andreas Township 2, Mokelumne Township 3, Murphys Township 4, Angels Township 5, Jenny Lind Colusa County Arbuckle township Colusa township, including Colusa town Colusa town Grand Island township Maxwell township Princeton township Stony Ford township Williams township Contra Costa County Township 1, including Mar- tinez town Martinez town Township 2 Township 3 Township 4 Township 5, including Concord town Concord town Township 6, including Black Dia- mond town Black Diamond town Township 7 Township 8, including Antioch town Antioch town Township 9 Township 10 Township 11, including Hercules and Pinole towns Hercules town Pinole town Township 12 Township 13 Township 14 Township 15, coextensive with Kichmond city Del Norte County Crescent township, including Crescent City Crescent City Klamath township Smith Eiver township 4,979 3,859 526 222 643 9,171 1,120 1,713 1,077 3,370 1,891 7,732 1,249 2,518 1,582 684 864 601 353 1,463 31,674 3,072 2,115 873 1,330 1,146 2,250 703 3,626 2,372 1,432 2,229 1,124 2,075 1,379 1,776 279 798 2,402 449 833 6,802 2,417 1,688 1,114 347 382 1186 HILLYER^S LEGAL MANUAL. El Dorado County 7,492 Coloma township 367 Cosumnes township 417 Diamond Springs township 708 Georgetown township 599 Greenwood township 373 Kelsey township 226 Lake Valley township 169 Mountain township 406 Mud Springs township 840 Placerville township, including Placerville city 2,775 Placerville city 1,914 Salmon Falls township 217 White Oak township 395 Fresno County 75,657 Township 1 1,388 Township 2 4,799 Township 3, including Fresno city 32,402 Fresno city 24,892 Township 4 includiug Fowler town 5,873 Fowler town 675 Township 5, including Selma town 4,843 Selma town 1,750 Township 6, including Coalinga city 7,851 Coalinga city 4,199 Township 7 4,271 Township 8 3,344 Township 9 including Kingsburg city 2,396 Kingsburg city 634 Township 10 1,661 Township 11 2,641 Township 12 660 Township 13 2,035 Township 14 1,493 Glenn County 7,172 Township 1 665 Township 2, including Orland town 1,571 Orland town 836 Township 3 445 Township 4, including Willows town 2,984 Willows town 1,139 Township 5 743 Township 6 224 Township 7 540 Humboldt County 33,857 Briceland township 308 Bucksport township 1,034 Eureka township, including Eureka city 13,763 Eureka city 11,845 Hydesville township 3,006 Klamath township 758 Mad River township, including Blue Lake town 1,111 Blue Lake town 607 Mattole township 507 Orleans township 265 Pacific township, including Fern- dale town 3,135 Ferndale town 905 Rohnerville township, including Fortuna town 2,600 Fortuna town 883 South Fork township 464 Table Bluff township 900 Trinidad township 1,502 Union township, including Ar- eata town 3,473 Areata town 1,121 Van Duzen township 439 Hoopa Valley Indian Reserva- tion 592 Imperial County 13,591 Brawley township, including Brawley city 2,218 Brawley city 881 Calexico township, including Calexico city 1,887 Calexico city 797 El Centro township, including El Centro city 2,500 El Centro city 1,610 Hanlon township, including Yuma Indian Reservation,... 1,000 Yuma Indian Reservation.. 669 Holtville township, including Holtville city 2,073 Holtville city 729 Imperial township, including Im- perial city 2,369 Imperial city 1,257 Laguna township 212 Old Beach township 489 Palo Verde township 63 Picacho township 396 Silsbee township 384 Inyo County 6,974 Township 1, including Bishop city 2,856 Bishop city 1,190 Township 2 900 Township 3 701 Township 4 1,338 Township 5 1,179 Kern County 37,715 Township 1 743 Township 2, including Tehachapi town 1,310 Tehachapi town 385 Township 3 2,756 Township 4 1,026 Township 5 1,097 POPULATION. 1187 Township 6, including Bakers- field city 16,451 Bakersfield city 12,727 Township 7 206 Township 8 253 Township 9 498 Township 10 3,150 Township 11 2,000 Township 12 1,952 Township 13 1,397 Township 14 424 Township 15 1,972 Township 16 2,480 Kings County 16,230 Armona township 2,177 Corcoran township 1,003 Lemoore township including Le- moore city 3,852 Lemoore city 1,000 Lucerne township, including Hanf ord city 9,198 Hanf ord city 4,829 Lake County 5,526 Township 1 889 Township 2 820 Township 3 1,134 Township 4, including Lakeport town . . . .' 1,465 Lakeport town 870 Township 5 1,218 Lassen County 4,802 Township 1, including Susanville town 982 Susanville town 688 Township 2 625 Township 3 1,256 Township 4 1,016 Township 5 923 Los Angeles County 504,131 Antelope township 1,047 Azusa township, including Azusa city 4,154 Azusa city 1,477 Ballona township, including In- glewood and Ocean Park cities 7,249 Inglewood city 1,536 Ocean Park city 3,119 Belvedere township 2,621 Burbank township, including Glendale city and part of as- sembly district 67 of Los Angeles city 12,255 Glendale city 2,746 Los Angeles city in Bur- bank, Cahuenga, and Los Angeles townships 319,198 Cahuenga township, including part of assembly district 74 of Los Angeles city 7,432 Los Angeles city (part of) . . 5,765 Calabasas township 492 Catalina township 670 Chatsworth Park township 299 Compton township, including Compton city 3,388 Compton city 922 Downey township 3,277 El Monte township, including Monrovia city 4,648 Monrovia city 3,576 Fairmont township 932 Gardena township 3,552 Lankershim township 848 Lexington township 1,886 Long Beach township, including Long Beach city 20,616 Long Beach city 17,809 Los Angeles township, including assembly districts 69 to 73, and 75 and parts of assembly districts 67 and 74 of Los Angeles city 313,104 Los Nietos township, including Whittier city 7,819 Whittier city 4,550 Malibu township, including Saw- telle city 6,282 Sawtelle city 2,143 Norwalk township 2,484 Pasadena township, including Arcadia, Pasadena, and Sierra Madre cities 36,195 Arcadia city 696 Pasadena city 30,291 Sierra Madre city 1,303 Puente township 1,030 Redondo township, including Hermosa Beach and Redondo Beach cities 5,016 Hermosa Beach city 679 Redondo Beach city 2,935 Rowland township, including Covina city 3,476 Covina city 1,652 San Antonio township, including Huntington Park, Vernon, and Watts cities 13,573 Huntington Park city 1,299 Vernon city 772 Watts city 1,922 San Fernando township 2,134 San Gabriel township, including Alhambra city 8,550 Alhambra city 5,021 San Jose township, including Claremont, Lordsburg, and Pomona cities 14,719 Claremont city 1,114 Lordsburg city 954 Pomona city 10,207 1188 HILLYER S LEGAL MANUAL. Santa Monica township, coex- tensive with Santa Monica city 7,847 Santa Monica city 7,847 Soledad township 1,887 South Pasadena township, coex- tensive with South Pasadena city 4,649 Madera County 8,368 Township 2 779 Township 3, including Madera city 4,320 Madera city 2,404 Township 4 2,148 Township 5 1,121 Marin County 25,114 Bolinas township 548 Nicasio township 479 Novato township 911 Point Eeyes township 465 San Antonio township 310 San Eafael township, including Larkspur, Ross, and San An- selmo towns, and San Rafael city 13,180 Larkspur town 594 Ross town 556 San Anselmo town 1,531 San Rafael city 5,934 Sausalito township, including Belvedere, Mill Valley, and Sausalito towns 8,137 Belvedere town 481 Mill Valley town 2,551 Sausalito town 2,383 Tomales township 1,084 Mariposa Counly 3,956 Township 1, including Hornitos town 622 Hornitos town 160 Township 2 779 Tjownship 3 630 Township 4 654 Township 5 1,271 Mendocino County 23,929 Anderson township 1,166 Arena township, including Point Arena city 1,753 Point Arena city 497 Big River township 3,531 Cuffey Cove township 862 Little Lake township, including Willits town 2,947 Willits town 1,153 Long Valley township 704 Potter Valley township, includ- ing Potter Valley town 694 Potter Valley town 576 Round Valley township 918 Sanel township 752 Tenmile River township, includ- ing Fort Bragg city 3,798 Fort Bra^g city 2,408 Ukiah township, including Ukiah city 5,141 Ukiah city 2,136 Westport township 1,047 Round Valley Indian Reserva- tion 616 Merced County 15,148 Township 1 568 Township 2, including Merced city 5,503 Merced city 3,102 Township 3, including Los Banos city 1,869 Los Banos city 745 Township 4 669 Township 5 2,838 Township 6 2,366 Township 7 1,335 Modoc County 6,191 Adin township 332 Alturas township, including Al- turas town 2,070 Alturas town 916 Bidwell township 605 Canby township 239 Cedarville township 985 Dewey township 472 Goose Lake township 709 Lake City township 462 Lookout township 317 Mono County 2,042 Antelope township 288 Benton township 364 Bodie township 698 Bridgeport township 312 Homer township 244 Masonic township 136 Monterey County 24,146 Alisal township, including Sali- nas city 5,076 Salinas city 3,736 Bradley township 442 Castroville township 1,442 Cholame township 485 Gonzales township 1,305 King City township 1,563 Monterey township, including Monterey city 6,833 Monterey city 4,823 Pacific Grove township, coex- tensive with Pacific Grove city 2,384 Pacific Grove city 2,384 Pajaro township 1,765 Peachtree township 478 San Antonio township 814 San Ardo township 365 Soledad township 1,194 POPULATION. 1189 Napa County 19,800 Hot Springs township, including Calistoga town 1,344 Calistoga town 751 Knox township 560 Napa township, including Napa city 12,047 Napa city 5,791 St. Helena township, including St. Helena town 3,057 St. Helena town 1,603 Yount township 2,792 Nevada County 14,955 Bloomfield township . 412 Bridgeport township 543 Eureka township 283 Grass Valley township, including Grass Valley city 6,251 Grass Valley city 4,520 Little York township 170 Meadow Lake township 2,308 Nevada township, including Nevada City 3,958 Nevada City 2,689 Rough and Ready township 747 Washington township 283 Orange County 34,436 Anaheim township, including Anaheim town 4,051 Anaheim town 2,628 Buena Park township 1,441 Fullerton township, including Fullerton citv 4,984 Fullerton city 1,725 Huntington Beach township, in- cluding Huntington Beach. city 1,058 Huntington Beach city 815 Los Alamitos township 499 Orange township, including Orange city 5,430 Orange city 2,920 San Juan township 967 Santa Ana township, including Newport Beach and Santa Ana cities 11,501 Newport Beach city 445 Santa Ana city 8,429 Westminster township 4,028 Yorba township 477 Placer County 18,237 Township 1, including Roseville city 3,316 Roseville city 2,608 Township 2 1,171 Township 3, including Auburn city 4,136 Auburn city 2,376 Township 4 886 Township 5 563 Township 6 265 Township 7 . 187 Township 8 192 Township 9, including Bocklin town 1,969 Rocklin town 1,026 Township 10, including Lincoln town 1,726 Lincoln town 1,402 Township 11 502 Township 12 249 Township 13, including Colfax city 1,063 Colfax city 621 Township 14 2,012 Plumas County 5,259 Beckwourth township 1,315 Goodwin township 294 Indian township 1,233 Mineral township 437 Plumas township 884 Quartz township 750 Seneca township 346 Riverside County 34,696 Beaumont township 1,113 Bergman township 326 Diamond township * 380 Elsinore township, including El- sinore city 960 Elsinore city 488 Hemet township, including Hemet city 2,392 Hemet city 992 Highgrove township 1,187 Indio township 899 Moreno township 523 Murrieta township 765 Palo Verde township 557 Perris township 1,454 Riverside township, including Riverside city 15,718 Riverside city 15,212 San Gorgonio township 1,387 San Jacinto township, including San Jacinto city 1,267 San Jacinto city 898 Temescal township, including Corona city 4,374 Corona city 3,540 Thermal township 632 West Riverside township 762 Sacramento County 67,806 Alabama township 598 American township 169 Brighton township 2,505 Center township 451 Cosumnes township 262 Dry Creek township 906 Franklin township 2,545 Georgiana township 1,675 1190 HILLYER'S LEGAL MANUAL. Granite township 2,506 Lee township 438 Mississippi township 1,225 Natoma township 208 Eiverside township 1,780 Sacramento city 44,696 San Joaquin township 2,236 Sutter township 5,607 San Benito County 8,041 HoUister township, including Hollister town 4,390 Hollister town 2,308 Panoche township 635 San Benito Township 822 San Juan township, including San Juan town 1,398 San Juan town 326 Tres Pinos township 796 San Bernardino County 56,706 Barstow township 1,066 Belleville township 374 Calzona township 97 Chino township, including Chino city 2,862 Chino city 1,444 Colton township, including Col- ton city 4,556 Colton city 3,980 Cucamonga township 2,340 Dale township 41 Hart township 40 Hesperia township 92 Highland township 3,820 Kelso township 136 Ludlow township 255 Mission township . 1,811 Needles township 3,067 Ontario township, including Ontario city 4,639 Ontario city 4,274 Oro Grande township 280 Kedlands township, including Eedlands city 11,448 Eedlands city 10,449 Rialto township 1,538 San Bernardino township, includ- ing San Bernardino city 14,648 San Bernardino city 12,779 Silver Lake township 135 Upland township, including Up- land city 2,554 Upland city 2,384 Vanderbilt township 149 Victor township 580 Yermo township 178 San Diego County 61,665 Alpine township 412 Bonsall township 236 Campo township 639 Coronado township, including Coronado city 1,482 Coronado city 1,477 Dehesa township 160 Del Mar township 536 El Cajon township 1,070 Encinitas township 555 Escondido township, including Escondido city 3,437 Escondido city 1,334 Fallbrook township 816 Jamul township 418 Julian township 608 Lakeside township 728 Lemon Grove township 826 Mesa Grande township 485 Mission township 2,411 National township, including Na- tional City 2,998 National City 1,733 Otay township 1,206 Pala township 354 Palomar township 134 Ramona, township 849 San Diego township, coextensive with San Diego city 39,578 San Diego city 39,578 San Luis Rey township, includ- ing Oceanside city 1,450 Oceanside city 673 Valley Center township 277 San Francisco County 416,912 San Francisco city, coextensive with San Francisc-o county. . .416,912 San Joaquin County 50,731 Castoria township 2,048 Dent township 1,985 Douglas township 1,405 Elkhorn township, including Lodi city 5,985 Lodi city 2,697 Elliott township 1,545 Liberty township 1,224 O'Neal township 9,116 Stockton township, coextensive with Stockton city 23,253 Tulare township 3,321 Union township 849 San Luis Obispo County. . . . 19,383 Arroyo Grande township 3,646 Cholame township 419 Morro township 2,255 Nipomo township 1,348 Paso Robles township, including Paso Robles city. . 2,382 Paso Robles city 1,441 Pozo township 354 Salinas township 877 San Luis Obispo township, in- cluding San Luis Obispo city. 5,326 San Luis Obispo city 5,157 San Miguel township 830 POPULATION. 1191 San Simeon township 1,028 Santa Margarita township 918 San Mateo County 26,585 Township 1, including South San Francisco city 9,173 South San Francisco city. . . 1,989 Township 2, including Burlin- game town and San Mateo city 8,659 Burlingame town 1,565 San Mateo city 4,384 Township 3, including Redwood city 5,814 Eedwood city 2,442 Township 4 1,923 Township 5 1,016 Santa Barbara County 27,738 Township 1 2,477 Township 2, coextensive with Santa Barbara city 11,659 Township 3 1,895 Township 4 1,388 Township 5 including Lompoc town 2,984 Lompoc town 1,482 Township 6 1,164 Township 7, including Santa Maria city 3,370 Santa Maria city 2,260 Township 8 850 Township 9 895 Township 10 1,056 Santa Clara County 83,539 Almaden township 755 Alviso township, coextensive with Alviso town 402 Alviso town 402 Burnett township, including Morgan Hill town 2,250 Morgan Hill town 607 Campbell township 1,992 Fremont township, including Mountain View town 3,267 Mountain View town 1,161 Gilroy township, including Gil- roy city 5,039 Gilroy city 2,437 Mavfield township, including Mayfield town 2,224 Mayfield town 1,041 Milpitas township 1,684 Palo Alto township, coextensive with Palo Alto city 4,486 Redwood township, including Los Gatos town 4,299 Los Gatos town 2,232 San Jose township, including East San Jose town and San Jose city 43,767 East San Jose town 1,661 San Jose city 28,946 Santa Clara township, including Santa Clara town 9,759 Santa Clara town 4,348 Saratoga township 1,756 Sunnyvale township 1,859 Santa Cruz County 26,140 Aptos township 961 Boulder Creek township, includ- ing Boulder Creek town 1,015 Boulder Creek town 544 Felton township 1,104 Branciforte township, including ward 7 and part of ward 6 of Santa Cruz city 4,064 Santa Cruz city in Branciforte and Santa Cruz townships... 11,146 Santa Cruz township, including wards 1 to 5, and part of ward 6 of Santa Cruz city 9,457 Soquel township 1,781 Watsonville township, including Watsonville city 7,758 Watsonville city 4,446 Shasta County 18,920 Township 1, Shasta 539 Township 2, Redding, including Redding city 3,972 Redding city 3,572 Township 3, Keswick, including Coram town 1,437 Coram town 666 Township 4, Igo 710 Township 5, Harrison Gulch .... 383 Township 6, Anderson 1,80] Township 7, Shingletown 782 Township 8, Millville 679 Township 9, Round Mountain . . . 815 Township 10, Burney Vallev 843 Township 11, Fall River ..\ 881 Township 12, Buckeye 1.479 Township 13, Sacramento River. . 1,078 Township 14, French Gulch 735 Township 15, Delta 2,786 Sierra County 4,098 Butte township 385 Downieville township 751 Forest township 725 Sierra No. 1 township 585 Sierra No. 2 township, including Loyalton town 1,261 Loyalton town 983 Table Rock township 391 Siskiyou County 18,801 Butte township, including Sisson town 1,188 Sisson town 636 Callahan township 510 Edgewood township 2,267 1192 HILLYER'S LEGAL MANUAL. Etna township, including Etna town 1,009 Etna town 518 Greenview township 602 Happy Camp township 377 Lake township, including Dorris town 2,131 Dorris town 214 Liberty township 708 Mott township, including Duns- muir town 2,071 Dunsmuir town 1,719 Mountain township 957 Oak Bar township 278 Scott River township 389 Scott Valley township, including Fort Jones town 798 Fort Jones town 316 Somes Bar township 248 Squaw Valley township 2,061 Table Eock township, including Montague town 651 Montague town 274 Yreka township, including Yreka town 2,556 Yreka town 1,134 Solano County 27,559 Benicia township, including Be- nicia city 2,739 Benicia city 2,360 Denverton township 260 Elmira township 494 Green Valley township 960 Maine Prairie township 205 Montezuma township 481 Rio Vista township, including Rio Vista town 1,628 Rio Vista town 884 Silveyville township, including Dixon town 1,853 Dixon town 827 Suisun township, including Fair- field and Suisun City towns. . 3,423 Fairfield town 834 Suisun City town 641 Tremont township 373 Vacaville township, including Vacaville town 3,005 Vacaville town 1,177 Vallejo township, including Vallejo city 12,138 Vallejo city 11,340 Sonoma County 48,394 Analy township, including Sebas- topol town 5,681 Sebastopol town 1,233 Bodega township 1,553 Cloverdale township, including Cloverdale town 1,733 Cloverdale town 823 Glen Ellen township 1,765 Knights Valley township 398 Mendocino township, including Healdsburg city 4,576 Healdsburg city 2,011 Ocean township 842 Petaluma township, including Petaluma city 8,787 Petaluma city 5,880 Redwood township 950 Russian River township 1,699 Salt Point township 865 Santa Rosa township, including Santa Rosa city 13,560 Santa Rosa city 7,817 Sonoma township, including Sonoma town 2,765 Sonoma town 957 Vallejo township 2,071 Washington township 1,149 Stanislaus County 22,522 La Grange township 552 Modesto township, including Modesto city 7,258 Modesto city 4,034 Newman township, including N ewman town 2,885 Newman town 892 Oakdale township, including Oakdale city 2,455 Oakdale city 1,035 Turlock township, including Tur- lock city 8,189 • Turlock city 1,573 Waterford township 1,183 Sutter County 6,328 Butte township 883 Nicolaus township 905 Sutter township 1,501 Vernon township 1,192 Yuba township, including Yuba City town 1,847 Yuba City town 1,160 Tehama County 11,401 Corning township, including Corning city 2,555 Corning city 972 Cottonwood township 439 Paskenta township 517 Red Bluflf township, including Red Bluff city 5,210 Red Bluff city 3,530 Sierra township 1,126 Tehama township, including Te- hama town 851 Tehama town 221 Vina township 703 Trinity County 3,301 Hay Fork township 689 Junction City township 606 POPULATION. 1193 Mad Eiver township 422 Trinity Center township 910 Weaverville township 674 Tulare County 36,440 Alila township 747 Alpaugh township 393 Angiola township 377 Ducor township 508 Exeter township 1,458 Farmersville township 1,050 Kaweah township, including Di- nuba town 4,667 Dinuba town 970 Lemon Cove township 949 Lindsay township, including Lindsay town 2,981 Lindsay town 1,814 Orosi township 2,246 Piano township, including Tule Eiver Indian Reservation 1,638 Tule River Indian Reserva- tion 148 Porterville township, coextensive with Porterville city 2,696 Springfield township 617 Tipton township 487 Tulare township, including Tu- lare City 4,819 Tulare city 2,758 Tule River township 1,825 Visalia township, including Vi- salia city 7,055 Visalia city 4,550 White River township 362 Woodville township 565 Tuolumne County 9,979 Township 1, including Sonora city 2,748 Sonora city 2,029 Township 2 1^276 Township 3 701 Township 4 2 236 Township 5 3^018 Ventura County 18,347 Fillmore township 2,138 Ojai township 1,100 Oxnard township, including Ox- nard city 5,962 Oxnard city 2,555 Santa Paula township, including Santa Paula city 3,347 Santa Paula city 2,216 Simi township 748 Ventura township, including Ventura city 5,052 Ventura city 2,945 Yolo County 13,926 Blacks township 421 Cacheville township 636 Capay township 855 Clarksburg township 895 Cottonwood township 528 Dunnigan township 333 Grafton township 770 Guinda township 543 Putah township 1,047 Washington township 1,785 Winters township, including Winters town 1,529 Winters town 910 Woodland township, including Woodland city 4,584 Woodland city 3,187 Yuba County 10,042 East Bear River township, in- cluding Wheatland town 936 Wheatland town 481 Fosters Bar township 381 Linda township 805 Long Bar township 416 Marysville township, including Marysville city 5,825 Marysville city 5,430 New York township 370 Northeast township 100 Parks Bar township 264 Rose Bar township 321 Slate Range township 333 West Bear River township 291 1194 HILLYER S LEGAL MANUAL. Population of Incorporated Places 1910, 1900 and 1890. OTT Ok town. Ooonty. ItlO 1900 1880 OTT 0» town. Coonty. 1910 1900 1890 Alameda '^ 2,628 1,124 t>96 1,121 2,360 40,434 403 1,190 1,565 797 751 3,760 1,444 1,114 823 4,1M •21 3,960 ''^ 703 666 972 3,540 827 214 1,610 ,Z 1,334 618 11,845 834 905 2,408 316 883 876 24,892 2,746 4,620 987 4,829 2,746 2,011 729 i;§? 1,636 870 694 l.COO 1,402 1,814 2,030 ni 17,809 954 319,198 745 2,232 983 2,404 2,115 5,430 1,041 3,102 2,551 tfrt 16,464 11,165 Montague town Siskiyou 2/4 4.923 607 1,161 6,791 1,733 2,689 892 445 1,035 150,171 3,119 673 4,274 2,920 836 3,869 4,486 30,291 1,441 6,880 i;n9 798 1,914 1,254 497 10,207 2,696 576 3,530 3,672 10,449 2,935 2,442 6,802 884 l.'i,212 1,026 2,608 556 44,090 1,603 3,736 1,531 12,7T9 39,578 416,912 898 28,946 326 3,471 5,157 4,384 V^ 11,659 4,348 11,146 2,200 7.847 2,216 7,817 2,383 2,143 1,233 1,750 1,303 036 957 2,029 \:Ul 23,253 688 2,758 1,573 2,136 2,384 1,177 11,340 2,945 772 4,550 4,446 1,922 481 4,550 1,153 1,139 910 3,187 1,134 1,160 •*jJ'P*'*',';"y Alameda Los Angeles Modoc MonSey Santa Clara Santa Clara Napa 1.748 1.602 ASracV.v.'.::::::::::::::: Altuns town Alvlsotown Santa Clara Najjaclty 3:250 4,395 SS^nSf.^::::: Los Angeles 674 636 National City San Diego l^ Newman town Stanislaus ArcadlAclty 2,060 863 4,8^6 434 2,751 13,214 1,595 ssxre'cur'"'" Orange Stanislaus 66,960 48,682 2.628 Ocean Park city Los Angeles San Diego San Bernardino.. ?M^t'^:::::::::::::::::: 5S;::::;;::::;: 330 722 Solano Alameda 2,36i 5,101 Oniario city 683 BlKSclly Orlandtown OrovUlecity Glenn !!!!!!!!!!! Butte iSS^D'^onutoi^;::::::::::: ^iJ^"f:::::;: Blue Lake town Pacific Grove city Monterey Santa Clara San Luis Obfapo! f^rSa!!!!!!!!! 1,411 9;ii7 1,224 3,871 1 336 E**" *"" 'Jl'y 4,882 San Mateo Imperial gx- Petalumaclty Piers town Yolo wSid"?y Yolo!!!"!!!"!!! Modestoclty Stanislaus Los Angeles!!!!!! 2,024 1,205 2,402 907 Yrcka town Siskivou i;ioo Sutter.!!!::!!!: FEDERAL GOVERNMENT. 1195 FEDERAL GOVERNMENT. President \^ OODROW WILSON, of New Jersey* Salary, $75,000. Vice-President.. THOMAS EILEY MARSHALL, of Indiana. .Salary, $12,000. THE CABINET. Arranged in the order of succession for the Presidency declared by Chapter 4, Acts of 49th Congress, 1st Session, and subsequent acts. Secretary of State — ^William Jennings Bryan, of Nebraska. Secretary of the Treasury — ^William Gibbs McAdoo, of New York. Secretary of War — Lindley M. Garri- son, of New Jersey. Attorney General — James Clark Mc- Eeynolds, of Tennessee, Postmaster Geteral — Albert Sidney Burleson, of Texas. The salaries of the Cabinet officers Secretary of the Navy — Josephus Dan- iels, of North Carolina. Secretary of Interior — Franklin Knight Lane, of California. Secretary of Agriculture — David Frank- lin Houston, of Missouri. Secretary of Commerce — William C. Redfield, of New York. Secretary of Labor — William Bauchop Wilson, of Pennsylvania, are $12,000 each. Counselor — John Bassett Moore, N. Y $7,500 Assistant Secretary — John E. Osborne, Wyo 5,000 Second Assistant Secretary — A. A. Adee, D. C 4,500 Third Assistant Secretary — Dud- ley Field Malone, N. Y 4,500 Dir. Consular Service. .Wilbur J. Carr, N. Y 4,500 Chief Clerk—Ben G. Davis, D. C 3,000 Solicitor— Joseph W. Folk, Mo. 5,000 Assistant Solicitor — Frederick Van Dyne, N. Y 3,000 Assistant Solicitor — Lester H. Woolsey, N. Y 3,000 Assistant Solicitor — Edwin M. Borchard, N. Y 3,000 Foreign Trade Adviser — Rrobert F. Rose, Mont 4,500 Foreign Trade Adviser — Wm. B. Fleming, Ky $4,500 THE DEPARTMENTS. State Department. Chf. Div. Latin-American Af- fairs— Boaz W. Long, N. M... 4,500 Ch. Div. Far Eastern Affairs — Ransford S. Miller, N. Y 4,500 Ch. Div. Near Eastern Affairs — Albert H. Putney, 111 3,000 Ch. Diplomatic Bureau — S. Y, Smith, D. C 2,250 Ch. Consular Bureau — Herbert C. Hengstlsr, 2,250 Ch. Indexes & Archives — ^John R, Buck, Me 2,100 Ch. Bureau Accounts — William McNeir, Mich 2,300 Ch. Bureau Rolls and Library — John A. Tonner, 2,100 Ch. Bureau Appointments — M. M. Shand, N. J 2,100 Ch. Bureau of Citizenship — Rich- ard W. Flournoy, Jr., Md 2,100 Ch. Div. of Information — John H. James, 3,000 Treasury Department. Assistant Secretary — Chas. S. Hamlin, Mass $5,000 Assistant Secretary — John S. Will- Assistant Secretary — Byron R. Newton, N. Y 5,000 Chief Clerk— Jas L. Wilmeth, Ark 4,000 Chief Appointment Div. — Jas, E, Harper, S. C $3,000 Ch. Bookkeeping Div. — Chaa. H. Miller, Mass 3,500 Chief Public Moneys Div. — E. B. Daskam, Ct 3,000 Chief Customs Div.— F. M. Hal- stead, Or 4,000 *Secretary to the President, Joseph P. Tumulty, of New Jersey ($7,500). 1196 hillyer's legal manual. Treasury Department — Continued. Ch. Loans & Cur. Div.— A. T. Huntington, Mass $3,500 Ch. Stationery & Pr'g. Div.— Fred F. Weston, la. ! 2,500 Supt. Mails— S. M. Gaines, Ky. . . 2,500 Ch. Revenue Cutter Service — E. P. Bertholf, N. J 5,000 Director of Mint — Geo. E. Rob- erts, la 5,000 Government Actuary — Joseph S. McCoy, N. J 2,250 Surgeon-General Public Health Service— Rupert Blue, S. C 5,000 Director Bur. Eng. & Printing — Jos. E. Ralph, 111 6,000 Supervising Architect — Oscar Wenderoth, N. Y , 6,000 Compt. of Treasury — Geo. E. Downey, Ind 6,000 Gen. Supt. Life-Saving Ser. — S. I. Kimball, Me 4,500 Auditor for Treasury — Will. E. Andrews, Neb 4,000 Auditor for War Dept. — Jas. L. Baity, Mo 4,000 Auditor for Int. Dept.— Robt. W. Woolley, Va 4,000 Auditor for Navy Dept. — Edward L. Luckow, Wis $4,000 Auditor for State, etc. — Edw. D. Hearne, Del 4,000 Auditor for P. O. Dept.— Chas. A. Kram, Pa 5,000 Treasurer of U. S. — John Burke, N. Dak 8,000 Assistant Treasurer 3,600 Register Treasury — Gabe E. Parker, Okla 4,000 Comp'r. of Currency . . . . 6,000 Commis. Internal Rev. — Wm, H. Osborn, N. C 6,000 Dep. Com. Internal Rev. — Robt. Williams, Jr., La 4,000 Dep. Com. Internal Rev. — Geo. M. Fletcher, La 3,600 Solicitor Internal Rev. — Flet. Maddox, Mont 5,000 Solicitor of Treasury — Wm. T. Thompson, Neb 4,500 Chief Secret Service — Wm. J. Flynn, N. Y 4,000 Chief Div. Special Agts.— J. W. Wheatley, D. C 4,500 War Department. Assistant Secretary — Henry S. Breckinridge, Ky $5,000 Assistant Chief Clerk — ^John C. Scofield, Ga 4,000 Chief of Staff — ^Major-Gen. Leon- ard Wood 8,000 Chief Clerk — Nathaniel Hershler, 111 2,000 Adjt.-Gen. — Brig.-Gen. George An- drews 6,000 Chief Clerk— Alonzo W. Shunk, Pa 2,000 Insp.-Gen. — Brig.-Gen. E. A. Gar- lington 6,000 Chief Clerk— John D. Parker, Va. 1,800 Judge- Adv.-Gen. — Brig.-Gen. Enoch H. Crowder.. 6,000 Chief Clerk and Solicitor— L. W. Call, Kail 2,500 Chief, Quartermaster Corps — Major-Gen. Jas, A. Aleshire. . . . 8,000 Assistant and Chief Clerk — ^^Chas. P. Daly, Kan 2,750 Surgeon-Gen. — Brig.-Gen. Geo. H. Torney ^ Chief aerk— John Wilson, N. J. . Ch. of Engineers — Brig.-Gen. Wm. H. Bixby Chief Clerk — Phineas J. Dempsey, Va : Chief of Ordnance — Brig.-Gen. Wm. Crozier Chief Clerk— John J. Cook, D. C. . Chief Signal Officer— Brig.-Gen. George P. Scriven Chief Clerk— Herbert S. Flynn, D. C Ch. Bu. In. Aff.— Brig.-Gen. Frank Mclntyre Chief Clerk — Louis V. Carmaek, Ky Officer Charge Pub. Bldgs.— Col. Wm. W. Harts Chief Clerk— E. F. Concklin, N. Y. Landscape Gardener — George E. Burnap 16,000 2,250 6,000 2,250 6,000 2,000 6,000 2,000 6,000 2,250 4,000 2,400 2,400 Navy Department. Assistant Secretary — Franklin D. Roosevelt $5,000 Chief Clerk— Frank S. Curtis 3,000 Pres. General Board — Admiral George Dewey 13,500 Chief Yards and Docks— Civil En- gineer, Homer R. Stanford $6,000 Chief Ordnance — Rear-Adm. Na- than C. Twinning 6,000 FEDERAL GOVERNMENT. 1197 Chief Supplies and Accounts — Pay master-Gen. T. J. Cowiet i,000 Chief Medicine and Surgery — Ciias. F. Stokest 6,000 Chief Construction and Repair — Ch. Constructor Richard M. Wattt 6,000 Ch. Navigation — Rear-Adm. Victor Blue 6,000 Ch. Steam Engineering — Rear- Adm. Robert S. Griflan 6,000 Judge-Adv.-Gen. — Capt. Robert L. Russell 5,000 Navy Department — Continued. Pres. Naval Exam. Board — Rear- Admiral Thomas B. Howard. .. .$8,000 Pres. Naval Retiring Board — Rear- Admiral Thomas B, Howard. . . . Ch. Intellig. Office — Capt. Thomas S. Rodgers 5,000 Supt. Naval Obs. — Capt. Jos. L. Jayne 5,000 Director Nautical Almanac — Prof. M. W. S. Eichelberger 4,500 Hydrographer — Com. Geo. F. Cooper 4,000 Comdt. Marine Corps — Maj.-Gen. W. P. Biddle 8,000 Chief Clerk — Merritt O. Chance, 111 Assistant Chief Clerk — Malcolm Kerlin, N. J 2,000 First Assistant P. M. G. — ^Daniel C. Roper, S. C 5,000 Second Assistant P. M. G. — Joseph Stewart, Mo 5,000 Third Assistant P. M. G. — Alex. M. Doekery, Mo 5,000 Fourth Assistant P. M. — James I. Blakslee, Pa 5,000 Dir, Postal Savings System — Car- ter B. Keene, Me 5,000 Asistant Attorney-Gen, — William H. Lamar, Md 5,000 Purchasing Agent — James A. Ed- gerton, N. J $4,000 Postoffice Department, 000 Appointment Clerk — George S. Paull, Ohio 2,000 Supt. Div. of Foreign Mails — Robert L. Maddox, Ky 3,000 Supt. Div. of Money Orders — Charles E. Matthews, Okla 3,500 Supt. Division of Postmasters' Appointments — Goodwin D. Ells- worth, N. C 3,000 Gen. Supt. Div. of Ry. M. S.— Alexander H. Stephens, Cal. . . . 4,000 Supt. Div. of Dead Letters — Mar- vin M. McLean, Tex 2,750 Chief Inspector — Joe P. Johnston, Mo 4,000 Disbursing Clerk — W. M. Mooney, Ohio 2,250 Interior Department. First Assistant Secretary — An- drieus A. Jones, N. Mex $5,000 Assistant Secretary — Lewis C. Lay- lin, Ohio 4,500 Chief Clerk — James I. Parker, Ind 4,000 Assistant Atty.-Gen. — Preston C. West, Okla 5,000 Commis. Land Office — Clay Tall- man, Nev 5,000 Assistant Commis. — Charles M. Bruce, Va 3,500 Commis. Pensions — Gaylord M. Saltzgaber, Ohio 5,000 First Deputy Com. of Pensions — Edward C. Tieman, Mo 3,600 Commis. Education — Phil'der P. Claxton, Tenn 5,000 Chief Clerk — Lewis A. Kalbach, Pa 2,000 Com. Ind. Affairs — Cato Sells, Tex $5,000 Assistant Commis. — Fred H. Ab- bott, Neb 3,500 Commis. Patents — Thomas Ewing, N. Y 5,000 First Assistant Commis. — Robert T. Frazier, Tenn 4,500 Assistant Commis. — Vacant 3,500 Chief Clerk Patents — Wm. F. Woolard, 111 3,000 Direc. Geol. Surv. — George Otis Smith, Me 6,000 Chief Clerk Geol. Survey — Henry C. Rizer, Kan 2,500 Direc. Reclamation Service — F. H. Newell, Pa 7,500 Direc. Bureau of Mines— Jos. A. Holmes, N. C 6,000 Chief Clerk — Van H. Manning, Miss 3,600 tRank of Rear-Admiral while holding said office. 1198 hillyer's legal manual. Depaxtment of Justice. Solicitor-Gen. — John W. Davis, W. Va $10,000 Assistant ro Atty.-Gen. — G^o. Car- roll Todd, N. Y 7,000 Assistant Attorneys-General — Jesse C. Adkins, D. C ; Sam- uel H. Thompson, Col.; Win- fred T. Denison, N. Y.; Ernest Knaebel, Col. ; Samuel J. Graham, Pa.j Preston C. West, Okla. ; Wm. H. Lewis and Charles W. Cobb 5,000 Assistant-Atty-Gen. P. O. Dept. — W. H. Lamar, Md 5,000 Solicitor State Dept. — Joseph W. Folk, Mo 5,000 Solicitor of Internal Revenue — Fletcher Maddox, Mont ^ Solicitor Dept. Commerce — Albert Lee Thurman, Ohio Sclicitor of the Treasury — Wm. T. Thompson, Neb Chief Clerk— O. J. Field, Kan Appointment Clerk — Charles B. Sornborger, Vt Atty. for Pardons — James A. Finch, N. Y Disbursing Clerk — James H. Mackey, Col Si.pt. of Prisons — Robt. V. La Dow, N. Y Solicitor of Dept. of Labor — John B. Densmore, Mont Department of Agriciilture. Assistant Secretary — Beverly T. Galloway, Mo $5,000 Chief Clerk— Robt. M. Reese, D. C 3,000 Sclicitor— Francis G. Caffey, N. Y. 5,000 Appointment Clerk — R. W. Rob- erts, 111 2,000 Chief Weather Bureau — Chas. F. Marvin, Ohio 6,000 Chief Bur. Animal Indust. — Dr. A. D. Melvin, 111 5,000 Director Experiment Stations — A. C. True, Ct 4,500 Chief Div. Publications — Jos. A. Arnold, Ind 3,250 Chief Div. Accounts — A. Zappone, D. C 4,000 Chief Bureau Soils— Milton Whit- ney, Md 4,000 Chief Forest Service — Henry S. Graves, Ct 5,000 Department Assistant Secretary — Edwin F. Sweet, Mich $5,000 Chief Clerk — ^George C. Havenner D. C 3,000 Disbursing Clerk — George Johan- nes, Ohio 3,000 Commis. Corporations — Joseph E. Davies, Wis 5,000 Chief Bureau of Foreign and Do- mestic Commerce — A. H. Bald- win, Ct 4,000 Comm. Lt.-H. Bureau — G. R. Put- nam, la 5,000 Director Census — ^Wm. J. Harris, Ga 6,000 Statistician — Leon M. Estabrook, Tex ^ Entomologist — L. O. Howard, N. Y Chemist — Dr. Carl L. Alsberg, Mass Chief Bureau Biological Survey — Henry W. Henshaw, Mass Direct. Public Roads— Prof. L. W. Page, Mass Statistical Scientist — G. K. Holmes, Mass Chief Bureau of Plant Industry — Wm, A. Taylor, Mich. Librarian — Miss C. R, Barnett, N. Y Chief, Office of Markets— Chas. J. Brand, 111.. Chief, Office of Information — Geo. W. Wharton, N. Y of Commerce. Sup. Coast & Geod. Survey — O. H. Tittmann, Mo ^ Sup. Insp.-Gen, Stbt. Serv. — Geo. Uhler, Pa Commissioner Fisheries — Hugh M. Smith, D. C Commis. Navigation — E. T. Cham- berlain, N. Y Director Bur, Standards — S. W. Stratton, 111 Ch, Div. Appointments — G. W. Leadley, N, Y Ch. Div, Supplies— W, W, Fowler. Ch. Div, Publications— Dan C. Vaughan, Ga 5,000 5,000 5,000 3,500 2,000 3,000 2,750 4,000 5,000 ^4,000 4,500 5,000 3,500 4,000 3,500 5,000 2,000 3,600 2,500 56,000 4,000 6,000 4,000 6,000 2,500 2,100 2.500 FEDERAL GOVERNMENT. 1199 Assistant Secretary — Louis F. Post, 111 $5,000 Solicitor — John B. Densmore, Mont 5,000 Chief Clerk — Robert Watson, Mass 3,000 Disbursing Clerk — George G. Box, N. Y 3,000 Commis.-Gen. Immigration — A. Caminetti, Cal 5,000 Department of Labor. Commis. Naturalization — Richard K. Campbell, Va $3,500 Commis. Labor Statistics — Royal Meeker, N. J 5,000 Ch. Children's Bureau — ^Julia O. Lathrop, 111 5,000 Ch. Div. Inform. — T. V. Powderly, Pa 3,500 President Civil Service Commis. — J. A. Mcllherny, La $4,500 Civil Service Commis. — Chas. M. Galloway, S. C 4,000 Civil Service Commis. — Herman W. Craven, Wash 4,000 Chief Examiner Civ. Ser. — George R. Wales, Vt 3,000 Secretary Civil Service. .John T, Doyle, N. Y 2,500 Public Printer — Cornelius Ford, N. J $5,500 Librarian of Congress — Herbert Putnam 6,500 Assistant Librarian — Appleton P. C. Griffin 4,000 Director-General Pan-American Union— John Barrett, D. C 5,000 Asst. Director — Francisco J. Yanes, Venez 3,000 Chief Clerk— Franklin Adams, Cal. 2,500 Interstate Commerce Commission. Edgar E. Clark, Iowa, Chairman. .$10,000 B. H. Meyer, Wis 10,000 Judson C. Clements, Ga 10,000 C. C. McCord, Ky 10,000 Charles A. Prouty, Vt $10,000 John H. Marble, Cal 10,000 James S. Harlan, HI 10,000 Secretary — Geo. B. McGinty, Ga. 5,000 Board of Indian Commissioners. Warren K. Morehead, Mass. Samuel A. Eliot, Mass. Frank Knox, N. H. Secretary to the Board — F. H. Abbott, Edward E. Ayer, 111. Washington, D. C. The board commissioned directly by the President serves without salary. Chair. — Geo. Vaux, Jr., Pa. Daniel Smiley, N. Y. Merrill E. Gates, D. C. William D. Walker, N. Y. Wm. H. Ketcham, D. C. UNITED STATES JUDGES OF THE NINTH JUDICIAL CIRCUIT. Judges of the United States Circuit Court of Appeals. Hon. Joseph McKenna, Circuit Justice. Hon. William B. Gilbert, Circuit Judge. Hon. Erskine M. Ross, Circuit Judge. Judges of the United Hon. Cornelius H. Hanford, District Judge. Hon. Olin Wellborn, District Judge. Hon. John J. De Haven, District Judge. Hon. Charles E. Wolverton, District Judge. Hon. Edward Judge. Hon. Frank S. S. Farrington, District Dietrich, District Judge. Hon. William W. Morrow, Circuit Judge. Hon. William H. Hunt, Circuit Judge. Frank D. Monckton, Clerk. States District Courts. Hon. William C. Van Fleet, District Judge. Hon. Robert S. Bean, District Judge, Hon. Frank H. Rudkin, District Judge. Hon. George M. Bourquin, District Judge. Hon. Edward E. Cushman, District Judge. 1200 hillyer's legal manual. STATE GOVERNMENT. LEGISLATIVE DEPARTMENT. MEMBERS OF THE SENATE— FORTIETH SESSION. 1913. Name. Poll- Dis- tics. trict. Anderson, John N R. 39th . Avey, J. L.* R. 30th. Beban, D. J.* R. 24th. Benson, Frank H R. 27th . Birdsall, E. S R. 3d.., Boynton, A. E.* R. 28th Breed, A. H R. 15th. Brown, William E R. 37th . Bryant, E. F.* R. 20th. Butler, Edwin M R. 31st. Caminetti, A.* D. 10th. Campbell, A. E D. 17th. Carr, William J R. 36th. Cart Wright, George W.* D. 26th. Cassidy, John J R. 22d . Cogswell, Prescott F R. 33d., Cohn, P. C D. 7th.. Curtin, J. B D. 12th. Finn, Thomas F R. 23d . , Flint, William R R. 11th. Gates, Lee C* R. 34th, Gerdes, Fred C R. 21st. Grant, Edwin E D. 19th . Hans, George J.* R. 14th. Hewitt, Leslie R.* R. 38th . Jones, Herbert L R. 28th. Juilliard, L. W.* D. 8th. . Kehoe, William R. 1st.. Larkins, R. 0.* R. 32d. . Lyon, Henry H R. 29th. Mott, D. W R. 25th. Owens, James C D. 9th. . Regan, D. P.* R. 18th. Rush, Benjamin F R. 5th. . Sanf ord, J. B.* D. 4th . . Shanahan, T. W. H.* D. 2d . . Strobridge, Ed. K R. 13th. Thompson, Newton W R. 35th. Tyrrell, Edward J.* R. 16th . Wright, Leroy A.* R. 40th . County. Address. . .Orange Santa Ana . .San Bernardino Redlands . .San Francisco 1243 Broadway . .Santa Clara San Jose . .Placer East Auburn . Butte Oroville . .Alameda. .3125 Webster street, Oakland . .Los Angeles 745 Whittier street . .San Francisco 305 North avenue . . Los Angeles 5300 Figueroa street . .Amador Jackson . .San Luis Obispo San Luis Obispo . .Los Angeles Pasadena . .Fresno Fresno ..San Francisco ....135 Seventh avenue . Los Angeles El Monte . .Sacramento Folsom . .Tuolumne Sonora . San Francisco 925 Howard street . .San Benito Hollister . Los Angeles 201 New High street . .San Francisco 2273 Mission St. ..San Francisco 2504 Clay street . .Alameda Fruitvale ..Los Angeles. 1212 South Alvarado street . .Santa Clara San Jose . .Sonoma Santa Rosa . . Humboldt Eureka . .Tulare Visalia ..Los Angeles. . .826 East Seventh street . .Ventura Santa Paula . .Contra Costa Richmond . .San Francisco 1213 Market street . .Solano Suisun . .Mendocino Ukiah , . Shasta Redding . .Alameda Hayward . .Los Angeles Alhambra . .Alameda. .961 Kirkham Street, Oakland . . San Diego San Diego MEMBERS OF THE ASSEMBLY— FORTIETH SESSION, 1913 Alexander, John K D. 48th Ambrose, Thomas L R. 66th Bagby, Henry C D. 59th Beck, George D. 34th Benedict, Henry S R. 63d. Bloodgood, F. H R. 62d. Bohnett, L. D R. 44th . Bowman, D. D R. 43d . Bradford, Hugh B D. 15th. Brown, Henry Ward R. 42d. Bush, William B R. 26th . *Holdover. . .Monterey Salinas . .Los Angeles. .1814 Pennsylvania avenue ..Santa Barbara Santa Maria . Alameda Livermore . ,Los Angeles 1739 Kingsley drive . Los Angeles Inglewood . .Santa Clara San Jose . .Santa Cruz Ben Lomond ..Sacramento Sacramento . .San Mateo Colma , .San Francisco 33 Diamond street STATE GOVERNMENT. 1201 MEMBERS OF THE ASSEMBLY— FORTIETH SESSION, 1913— Continued. Poll- Dis- Name. tics. Byrnes, Charles W R. Canepa, Victor J R. Cary, L. B R. Chandler, W. F R. Clark, William C R. Clarke, George A , . .R. Collins, William M R. Cram, James E R. Dower, Will A D. Ellis, William H R. Emmons, Elijah A R. Farwell, Lyman R. Ferguson, Daniel R. Finnegan, George B D. Fish, Howard J R. Fitzgerald, George R. Ford, John J., Jr D. Gabbert, Thomas G R. Gates, Egbert J R. Gelder, George R. Green, A. B R. Griffin, J. J D. Guiberson, J. W D. Guill, John H., Jr D. Hayes, D. R R. Hiukle, E. C R. Inman, J. M R. Johnson, George H R. Johnston, T. D R. Johnstone, W. A R. Judson, Fred E R. Killingsworth, W. S., Sr D. Kingsley, C. W S. Kuck, Arthur G R. Libby, G. W D. McCarthy, William C D. McDonald, Walter A R. Moorhouse, H. W R. Morgenstern, Alfred R. Mous€r, Frank H R. Murray, J. A R. Nelson, H. C R. Nolan, Edward J. D R. Palmer, James M D. Peairs, Howard A R. Polsley, Harry D. Richardson, I. A D. Roberts, W. A R. Ryan, James J R. Schmitt, Milton L R. Scott, William S R. Shannon, Arthur L D. Shartel, A. F R. Shearer, William B D. Simpson, William E D. Slater, H. W D. 76 trict. County. Address. 17th . . .Marin San Rafael 33d. . , .San Francisco 454 Union street. 52d Fresno Reedley oOth . . . Fresno Fresno 37th. . .Alameda. .53 Montecito street, Oakland 47th . . . Fnyo Bishop 24th. . San Francisco 268 Day street 58th... San Bernardino Highland 16th. . .Calaveras San Andreas 77th. . .Riverside Riverside 71st. . .Los Angeles 5863 Denver avenue 75th... Los Angeles 2908 Figueroa street 38th. . .Alameda. . . .65 Seventh street, Oakland 9th. . , .Nevada Nevada City 67th. . .Los Angeles Pasadena 39th. . .Alameda 1432 14th street, Oakland 22d San Francisco 801 Mendell street 60th . . . Ventura Ventura 69th. . .Los Angeles South Pasadena 40th. . .Alameda Berkeley 53d. . . .San Luis Obispo San Luis Obispo 49th. . .Merced Merced 54th. . .Kings Corcoran 7th Butte Chico 45th. . .Santa Clara San Jose 79th. . .San Diego San Diego 14th. . .Sacramento Sacramento 57th. . .San Bernardino San Bernardino 18th. . .Contra Costa Richmond 68th. . .Los Angeles San Dimas 80th. . .San Diego Escondido 10th. . Solano Vacaville 65th. . . Los Angeles 407 Daly street 72d. . . .Los Angeles . . . .2662 Vermont avenue 12th. . .Sonoma Sebastopol 25th. . .San Francisco 2897 Folsom street. 21st. . . San Francisco. . . .503 Minnesota street 78th . . . Imperial Heber 35th . . .Alameda Alameda 74th. . .Los Angeles 771 Maple avenue 8th ... Yolo ; Woodland 2d ... . Humboldt Eureka 30th. . .San Francisco 1338 McAllister street 11th. . .Napa Napa 73d.... Los Angeles.. 165 E. Thirty-sixth place 5th Tehama Red Bluff 29th. . .San Francisco. 3634 Seventeenth avenue 61st. . . Los Angeles. . .5327 Monte Vista street 23d. . . .San Francisco . . . .3252 Harrison street 31st. . . San Francisco . .460 Montgomery street 28th. . .San Francisco 427 Ninth avenue 32d. . . San Francisco 615 Post street 4th Modoc Alturas 1st Siskiyou Yreka 56th. . .Kern Bakerstield 13th. . .Sonoma Santa Rosa 1202 HILLYER^S LEGAL MANUAL. MEMBERS OF THE ASSEMBLY— FORTIETH SESSION, 1913— Continued. Poll- Dis- Name. tics, trict. County, Address. Smith, Frank M R. .36th. . .Alameda 1929 24th avenue, Oakland .Strine, John H R. 70th . . .Los Angeles Downey Stuckenbruek, J. W D. 19th . . .San Joaquin Acampo Sutherland, W. A R. 51st. . .Fresno Fresno Tulloch, David W D. 46th. . .Stanislaus Oakdale Wall, W. C D. 20th. . .San Joaquin Stockton Walsh, Edward P D. 27th. . .San Francisco 19 Beulah street Weisel, Hans V R. 76th . . .Orange Anaheim Weldon, T. J D. 6th Mendocino Ukiah White, C. William R. 3d Trinity Weaverville Woodley, Frank E R. 64th. . .Los Angeles 470 Hartford avenue Wyllie, G. W .R. 55th. . .Tulare ^. Dinuba Young, C. C R. 41st. . .Alameda Berkeley CONGRESSMEN. Name. District. Address. John E. Raker 1st Alturas, Modoc County, Cal. William Kent 2d Kentfield, Marin County, Cal. C. F. Curry 3d 1515 I street, Sacramento, Cal. Julius Kahn 4th 2712 Webster street, San Francisco, Cal. John L Nolan 5th 1402 Guerrero street, San Francisco, Cal. Joseph R. Knowland 6th 1543 Everett street, Alameda, Cal. Denver S. Church 7th 1338 N street, Fresno, Cal. Everis A. Hayes 8th Edenvale, Santa Clara County, Cal. Charles W. Bell 9th 726 St. John avenue, Pasadena, Gal. V '-^eDhens 10th. .1108 W. Twenty-seventh street, Los Angeles, Cal. William Kettner 11th 2965 Union street, San Diego, Cal. UNITED STATES SENATORS. George C. Perkins Oakland, Cal. John D. Works Los Angeles, Cal. JUDICIAL DEPARTMENT. SUPREME COURT. The terms of the Justices are twelve years. Permanent address: Wells-Fargo Building, Second and Mission streets, San Francisco. TERMS OF COURT, — The Supreme Court meets at the following places, viz.: At Wells-Fargo Building, Second and Mission streets, San Francisco, on the second Monday in January, and on the third Monday in July. At Bullard Block, Los Angeles, on the first Monday in April, and on the second Monday in October. At the State Capitol, Sacramento, on the first Monday in May, and on the sec- ond Monday in November. Name. Office. Term Ends. W. H. Beatty Chief Justice January, 1915 F. M. Angeliotti Associate Justice January, 1915 Lucien Shaw Associate Justice January, 1915 F. W. Henshaw Associate Justice January, 1919 Wm. G. Lorigan Associate Justice January, 1919 Henry A. Melvin Associate Justice January, 1923 M. C. Sloss Associate Justice January, 1923 STATE GOVERNMENT. 1203 Officers and Employees. Name. Office. Where Employed. C. P. Pomeroy Reporter Decisions San Francisco H. L. Gear Asst. Rep. Dec San Francisco H. C. Finkler Secretary San Francisco J. B. Dryden Secretary San Francisco W. J. Nicholson Phon. Reporter San Francisco F. S. Laflferty Phon. Reporter San Francisco A. W. Poole Bailiff San Francisco James M. Meredith Bailiff Los Angeles John F. Tyler Librarian San Francisco DISTRICT COURTS OF APPEAL. First Appellate District. Court meets at Wells-Fargo Building, Second and Mission streets, San Francisco. Name. Office. Term Ends. Thos. J. Lennon Presiding Justice January, 1923 Frank H. Kerrigan Associate Justice January, 1915 John E. Richards Associate Justice January, 1919 Officers and Employees. P. J. Hayselden Clerk Pleasure J. B. Martin Deputy Clerk of W. E. Tucker Phon. Reporter court. D. C. McGanney Bailiff Second Appellate District. Court meets at International Bank Building, Los Angeles. Name. Office. Term Ends. N. P. Conrey .Presiding Justice January, 1915 Victor E. Shaw Associate Justice January, 1923 William P. James Associate Justice January, 1919 Officers and Employees. W. D. Shearer Clerk Pleasure H. C. Lillie Deputy Clerk of J. H. Crumrine Reporter court. W. H. Morris Bailiff Third Appellate District. Court meets at State Capitol, Sacramento. Name. Office. t'^^^^'^^'io Norton P. Chipman Presiding Justice January, 1919 Elijah C. Hart Associate Justice January, 191o Albert G. Burnett Associate Justice January, 1923 Officers and Employees. W. M. Lowell Clerk Pleasure John T. Stafford Deputy Clerk of Charles H. Adams Phon. Reporter court. Geo. B. Donaldson Bailiff John O'Donnell Janitor 1204 hillyer's legal manual. EXECUTIVE DEPARTMENT. GOVERNOR. HIRAM W. JOHNSON Term ends January, 1915 Name. . Office. Alexander MeCabe Private Secretary Martin C. Madsen Executive Secretary Harriet B. Odgers Stenographer Office, State Capitol. UEUTENANT-GOVERNOR. ALBERT J. WALLACE Term ends January, 1915 SECRETARY OF STATE. FRANK C. JORDAN Term ends January, 1915 STATE CONTROLLER. JOHN S. CHAMBERS Term ends January, 1915 Office, State Capitol. STATE TREASURER. E. D. ROBERTS Term ends January, 1915 Office, State Capitol. ATTORNEY GENERAL. U. S. WEBB Term ends January, 1915 Name. Office. E. B. Power i . Assistant Raymond Benjamin Chief Deputy Malcolm C. Glenn Deputy Robt. W. Harrison Deputy J. H. Nourse Deputy George Beebe Deputy J. Charles Jones Deputy Offices, State Capitol, Sacramento; room 1212 Humboldt Bank Building, San Francisco. SURVEYOR GENERAL AND EX-OFFICIO REGISTER OF STATE LAND OFFICE. W. S. KINGSBURY Term ends January, 1915 Office, State Capitol. SUPERINTENDENT OF STATE PRINTING. FRIEND WM. RICHARDSON Term ends January, 1915 SUPERINTENDENT OF PUBLIC INSTRUCTION. EDWARD HYATT Term ends January, 1915 Office, State Capitol. CLERK OF SUPREME COURT. B. GRANT TAYLOR = Term ends January, 1915 THE ADJUTANT-GENERAL. E. A.- FORBES Term at pleasure of the Governor Office, State Capitol. STATE GOVERNMENT. 1205 Name. RAILROAD COMMISSION. OfBee. John M, Eshleman* President Harvey D. Loveland* *..'.'"'.'.'.'.".".*.' '.'.'.'.'.Commissioner Alex Gordon* .Commissioner Edwin O. Edgerton Commissioner Max Thelen Commissioner and Att'y of Board Charles R. Detrick Secretary Charles A. De Ligne Assistant Secretary R. A. Thompson Chief Engineer H. C. Hazzard Chief of Service Department L. R. Reynolds " Auditor H. H. Sanborn Rate Expert Ralph A. Sollars Official Reporter ^Elected, 1910. STATE BOARD OF ACCOUNTANCY. Appointed by the Governor, Term, four years. Name. Term Expires. Prentiss Maslin, President May 27, 1912 John Hoesch, Vice-President May 27, 1913 Thomas E. Atkinson, Secretary May 27, 1913 John Forbes " May 27, 1914 William Dolge December 12, 1915 Office of Secretary, 201 Sansome street, San Francisco. STATE BOARD OF AGRICULTURE. Appointed by the Governor. Term, four years. Term of office begins on the first day of Februar3\ The Board is classified into four classes of three mem- bers each, so that three members go out of office every year. (Stats. 1880, p. 49.) Name. Office. Term Expires. A. L. Scott President February 1, 191.5 Benjamin F. Rush Vice-President February 1, 19^16 C. j. Chenu General Superintendent. February 1, 1913 H. A. Jastro Member February 1, 1914 T. H. Ramsay Member February 1, 1914 Theodore Gier Member February 1, 1914 John M. Perry Member February 1, 1913 E. W. Howard Member February 1, 1913 George L. Warlow Member February 1, 1915 I. L. Borden Member February 1, 1915 C. W. Paine Member February 1, 1916 E. F. Mitchell Member February 1, 1912 Office, State Agricultural Building, Fair Grounds, Sacramento. DISTRICT BOARDS OF AGRICULTURE. (Stats. 1897, page 304; amended 1901, page 304; superseded and repealed and dis- tricts reorganized 1909, page 979.) Appointed by the Governor, eight for each district. Term, four years. Terms of all directors of the reorganized districts have expired and the Governor has not made appointments to fill, excepting in the Fourth, Sixth and Sixteenth districts. District fairs have not been held for several years, the Legis- lature failing to make any appropriations for this purpose. Districts having acting directors are: Fourth District. Jos. T. Grace, of Santa Rosa Term expires December 1, 1913 A. W. Foster, of San Rafael Term expires December 1, 191^ John P. Overton, of Santa Rosa Term expires December 1, 191^ Frank Muther. of Santa Rosa Term expires December 1, 1912 1206 hillyer's legal manual. Fourth District — Continued. H. M. LeBaron, of Valley Ford Term expires December 1, 1912 W. H. Armsden, Santa Eosa Term expires December 1, 1915 S. M. Augustine, San Eafael Term expires December 1, 1915 Allen B. Lemmon, Santa Rosa Term expires December 1, 1915 Sixth District. J. B. Lippincott, of Los Angeles Term expires January 9, 1916 Kate Reynolds, of Los Angeles Term expires January 9, 1916 Walker P. Stony, of Los Angeles Term expires December 1, 1912 G. A. Canfield, of Los Angeles Term expires December 1, 1916 Sixteenth District. Reginald W. Nuttall, of San Luis Obispo Term expires December 1, 1913 John Donovan, of Nipomo Term expires December 1, 1913 L. C. Routzahn, of Arroyo Grande Term expires December 1, 1912 W. H. Warden, of San Luis Obispo Term expires December 1, 1912 STATE BOARD OF ARCHITECTURE. Appointed by the Governor. Term, four years. (Stats. 1901, page 541.) For the purpose of examining applicants for certificates to practice archi- tecture in California, the State is divided into northern and southern districts, and five members of the board appointed from each district. Northern District. Office, 1039-1041 Phelan Building. San Francisco. The Northern District consists of all that portion of the State north of the northerly line of the counties of San Luis Obispo, Kern, and San Bernardino. William Curlett, of San Francisco, President. .. .Term expires November 26, 1914 Edgar A. Mathews, of San Francisco, Treas.. .Term expires November 26, 1914 J. Gather Newsom, of San Francisco Term expires November 26, 1914 Sylvain Schnaittacher, of San Francisco Term expires April 1, 1914 John Bakewell, of San Francisco Term expires June 8, 1916 Southern District. Office, 721 American Bank Building, Los Angeles. The Southern District consists of all of that portion of the State south of the northerly line of the counties of San Luis Obispo, Kern, and San Bernardino. John P. Krempel, of Los Angeles, President Term expires November 29, 1914 Frederick L. Roehrig, of Los Angeles, Secretary. .Term expires November 29, 1914 W. S. Hebbard, of San Diego Term expires November 29, 1914 Sumner P. Hunt, of Los Angeles Term expires November 29, 1914 Octavius Morgan, of Los Angeles Term expires November 29, 1914 STATE BANKING DEPARTMENT. Superintendent of Banks appointed by the Governor. Holds office at pleasure of Governor. (Stats. 1909, p. 87; amended 1911, p. 7.) Name, Office. W. R. Williams Superintendent of Banks F. H. Thatcher Chief Deputy A. A. De Ligne Attorney R. E. Dobbs Examiner F. W. Sinclair Examiner E. D. Elliott Examiner C. B. Wingate Examiner L. V. Shaw Examiner G. Schammel Examiner W. S. Martin Examiner STATE GOVERNMENT. 1207 Special deputy superintendents appointed to assist in handling the affairs of banks m process of liquidation: S. P. Young, San Francisco: Geo. M. Mitchell San Francisco; E. E. Trengrove, San Francisco; B. V. Moore, Los Angeles. Office, Postal Telegraph Building, San Francisco. COMMISSIONER OF BUILDING AND LOAN ASSOCIATIONS. Appointed by the Governor. Term at the pleasure of the Governor. (Stats. 1905, p. 659; 1907, p. 631; 1911, p. 607.) . Name. Office. George S. Walker Commissioner James L. Fields Secretary Office, 604-606 Call Building, San Francisco. TRUSTEES OF STATE BURIAL GROUND. Appointed by the Governor, to hold office at his pleasure. W. F. Knox, Jr Sacramento Preston L. Lykens Sacramento Vacancy: P. H. Eussell resigned January 16, 1903. SUPERINTENDENT OF CAPITOL BUILDING Al«) GROUNDS. Appointed by the Governor. Term at the pleasure of the Governor. (Stats. 1911, p. 572.) GEORGE G. RADCLIFF of Watsonville CAPITOL COMMISSIONERS. Hiram W. Johnson (E) Governor Frank C. Jordan (E) Secretary of State Edward D. Eoberts (E) State Treasurer Martin C. Madsen (E), Secretary STATE BOARD OF CHARITIES AND CORRECTIONS. Appointed by the Governor. Term, four years. (Stats. 1903, p. 482, as amended by Stats. 1911, c. 683.) Hiram W. Johnson, Governor, ex officio. Eabbi Martin A. Meyer, President, San Fran- cisco Term expires February 17, 1914 Carrie Parsons Bryant, Vice-President, • Los Angeles Term expires February 17, 1914 W. S. Tinning, Martinez Term expires February 17, 1912 John E. Haynes, M. D., Los Angeles Term expires February 17, 1916 Jessica B. Peixotto, Berkeley Term expires February 17, 1916 Rev. Charles A. Eamm, San Francisco Term expires June 30, 1915 Office of Board. 1007 Phelan Building, San Francisco. INSPECTORS OF CITRUS FRUIT SHIPMENTS. Appointed by the Governor. Term at pleasure of the Governor. (Stats. 1901, p. 663; amended Stats. 1903, p. 338.) BOARD OF COLTON HALL TRUSTEES. Appointed by the Governor. Term, four years. Name. " Term Expires. Frank Mattison, President April 12, 1907 Arthur Metz, Vice-President April 12, 1907 William Jacks, 'Treasurer April 12, 1907 STATE BOARD OF CONTROL. Appointed by the Governor. Term at pleasure of the Governor. (Stats. 1911, c. 349.) John Francis Neylan (E), Chairman Sacramento C. L. Seavey (E) Pasadena Freeman H. Bloodgood (R) San Francisco 1208 HILLYER^S LEGAL MANUAL. Accountancy Department. C. L. Avery Superintendent of Accounts H. S. Patterson Assistant Superintendent of Accounts Corning de Saules Assistant Superintendent of Accounts Geddes, J. A Accountant Office, State Capitol. CONSERVATION COMMISSION. Appointed by the Governor. Term at pleasure of the Governor. George C. Pardee, Chairman Oakland Francis Cuttle Riverside J. P. Baumgartner Santa Ana Office, Room 702 Mills Building, San Francisco. STATE DAIRY BUREAU. Appointed by the Governor. Term, four years. Tbe Board is classified so that the terms of office expire successively. (Stats. 1897, p. 68.) Name. Term Expires. E. P. Nissen July 1, 1911 M. T. Freitas July 1, 1912 J. R. Murphy July 1, 1913 F. W. Andreasen (R), Agent and Seeertary. Office, 25 California street, San Francisco. STATE BOARD OF DENTAL EXAMINERS. Appointed by the Governor. Term, four years. (Stats. 1901, p. 564.) Name. Term Expires. Leland D. Jones September 1, 1914 Frederick H. Houck September 1, 1914 Chas. E. Rice September 1, 1914 J. M. Blodgett, President September 1, 1914 C. A. Herrick, Secretary September 1, 1912 J. L. Pease, Treasurer September 1, 1913 G. Maurice Crow September 1, 1912 C. A. Litton September 1, 1914 Office of the secretary, Room 401, 133 Geary street, San Francisco. STATE DENTAL SURGEON. Appointed by the Governor. Term, four years. Leo. J. McMahon San Francisco Term expires December 19, 1916. ECLECTIC MEDICAL SOCIETY OF THE STATE OF CALIFORNIA. H. Vandre, M. D., President Ocean View Hannah-Scott Turner, M. D., First Vice-President Pomoua J. G. Tompkins, M. D., Second Vice-President Oakland H. Ford Scudder, Recording Secretary Redlands Ira A. Wheeler, M. D., Corresponding Secretary Healdsburg J. A. Munk, M. D., Treasurer .' Los Angeles Office of the president, 2935 San Jose avenue. Ocean View. STATE BOARD OF EDUCATION. Hiram W. Johnson, President Governor Edward Hyatt, Secretary Superintendent of Public Instruction Benjamin Ide Wheeler President of University of California Alexis F. Lange Professor of the Theory and Practice of Education, University of California Morris E. Dailey. President of State Normal School at San Jose Jesse F. Millspaugh President of State Normal School at Los Angeles Allison Ware President of State Normal School at Chico STATE GOVERNMENT. 1209 Edward L. Hardy President of State Normal School at San Diego Frederic L. Burk President of State Normal School at San Francisco Ednah A. Eich President of State Normal School at Santa Barbara C. L. McLane President of State Normal School at Fresno Office of secretary, State Capitol. DEPARTMENT OF ENGINEERING. (Stats. 1907, p. 215.) Advisory Board. Hiram W. Johnson Governor J. J. Dwyer President State Board of Harbor Commissioners F. W. Hatch General Superintendent of State Hospitals W. F. McClure State Engineer Charles D. Blaney. Burton A. Towne. N. D. Darlington. Consulting River Board. George W. Tatterson Stockson Alexander Gordon Sacramento E, S. Brown Sacramento M. J. Boggs Colusa W. J. Smith Vorden. Appointments. Name. Office. W. F. McClure State Engineer J. W. Woollett State Architect Paul M. Norboe Assistant State Engineer Jerome Newman Assistant State Engineer L. B. Luppen Mechanical Engineer Earle Freeman Secretary H. A. French Purchasing Agent C. F. Dean Architectural Designer E. D. Griffith Testing Engineer Edward Goodwin Engineer Draftsman Auditing Department. Name. Office. J. H. Clarke Auditor A. J. Adams Clerk N. E. White Clerk Also 3 Filing Clerks; 1 Blue Print Pressman; 3 Stenographers; 1 Porter; 1 Messenger. STATE BOARD OF EQUALIZATION. Elected by districts. Terms of incumbents end January, 1915. Name. Offi«e. John S. Chambers Controller and ex officio member Edward Eolkin Member of Board John Mitchell Member of Board, chairman Eichard E. Collins Member of Board Jeff McElvaine Member of Board T M Eby Secretary Prof. Carl C. Plehn Adviser Office, State Capitol. Meetings, second Monday each month, and continuous sessions from first Monday in March to second Monday in September. 1210 BOARD OF FISH AND GAME COMMISSIONERS. Appointed by the Governor, by and with the consent of the Senate. Term at pleasure of the Governor. Stats. 1869-70, p. 663; Pol. Code, §§ 368, 642, 643. F. M. Newbert, President, Sacramento Appointed August 3, 1911 M. J. Connell, Los Angeles Appointed February 1, 1909 Carl Westerfeld, San Francisco Appointed November 28, 1911 Ernest Schaeffle, Secretary, San Francisco Appointed November 29, 1911 Employees. Name. Office. J. S. Hunter Assistant in Charge of Game Conservation W. H. Shebley Superintendent of Hatcheries R. D. Duke Attorney Head office, San Francisco (734 Mills Building) . Under direction of Ernest Schaeffle, Secretary. Arthur M. Fairfield Assistant Secretary O. H. Reichling Claim Clerk Los Angeles office (510 Consolidated Realty Building) . Under direction of Commissioner M. J. Connell. Fresno office (347 Forsyth Building) . Under direction of Deputy A. D. Ferguson. Sacramento office (Forum Building). Under direction of Commissioner F. M. Newbert. DEPARTMENT OF FORESTRY. (Stats. 1905, p. 235.) State Board of Forestry. Hiram W. Johnson Governor Frank C. Jordan Secretary of State U. S. Webb Attorney General G. Morris Homans State Forester BOARD OF STATE HARBOR COMMISSIONERS. Appointed by the Governor, by and with the advice and consent of the Senate. Term at pleasure of the Governor. (Pol. Code, §§ 1002 and 2520.) Name. Office. J. J. Dwyer, President San Francisco John H. McCallum San Francisco Thomas S. Williams San Francisco Office and Employees. Name, Office. Leo V. Merle, Jr Secretary James Byrne, Jr Assistant Secretary Office, Ferry Building, San Francisco. HARBOR COMMISSIONERS FOR THE PORT OF EUREKA. Appointed by the Governor. Term, four years. (Pol. Code, §§ 2567-2572.) W. H. H. Heckman (R.), of Eureka, President Term expires April 5, 1916 Adolph Ohman (R.), of Eureka Term expires April 5, 1916 STATE GOVERNMENT. 1211 H. H. Woodcock (B.), of Eureka Term expires March 21, 1915 S. S. SilkAf^ood (R.), of Eureka, Harbormaster .Term expires July 6. 1915 Grace E. Campbell (E.), of Eureka, Secretary of the Board. Term expires July 6, 1913. Appointed by the Board. The Board is also empowered to employ from time to time an attorney. HARBOR COMMISSIONERS FOR THE BAY OF SAN DIEGO. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. It is provided that the terms of office of the Commissioners shall expire successively (Pol. Code, §§ 2575-2608.) F. R. Burnham, President Term expires January 19, 1915 C. H. Swallow, Secretary Term expires January 15, 1915 A. E. Roberts Term expires April S, 19^15 (Edgar Luce, Attorney.) T. M. Shaw, Harbormaster, appointed February, 1911. STATE BOARD OF HEALTH. Appointed by the Governor, by and with the consent of the Senate. Term of office, four years. (Stats. 1869-70, p. 329; Pol. Code, §§ 368, 369.) Name. Term Expires. Martin Regensburger, M. D., President September 7, 1914 W. LeMoyne Wills, M. D., Vice-President September 7, 1914 Wallace A. Briggs, M. D September 7, 1914 F. K. Ainsworth, M. D September 7, 1914 James H. Parkinson, M. D September 7, 1914 O. Stansbury, M. D.. September 7, 1914 Louis H. Roseberry Attorney Office, State Capitol. Members were appointed May 22, 1909, but not confirmed by Senate until September 7, 1910, term running from that date for four years. State Bureau of Vital Statistics. George D. Leslie Statistician Office, State Capitol. State Hygienic Laboratory. (At Berkeley.) Dr. W. A. Sawyer Director Dr. J. C. Geiger Assistant State Food and Drug Laboratory. (At Berkeley.) Name. Office. M. E. Jaffa, M. S Director A. R. Mehrtens Assistant The Attorney is appointed by the Governor. The Secretary and all others are appointed by the board. The office of the State Board of Health and of the State Bureau of Vital Statistics is at the State Capitol, Sacramento. The Hygienic Laboratory and the Pure Food and Drug Laboratory are located at the State University, Berkeley. 1212 CALIFORNIA HIGHWAY COMMISSION OF THE DEPARTMENT OF ENGINEERING. Consists of three Commissioners appointed by the Governor, to hold office at the pleasure of the Governor. (Stats. 1911, p. 823.) Name. Office, Burton A. Towne Commissioner Chas. D. Blaney Commissioner N. D. Darlington Commissioner Employees. Name. Office. Austin B. Fletcher Highway Engineer W. R. Ellis Secretary Office, Forum Building, Sacramento. HOMEOPATHIC MEDICAL SOCIETY OF THE STATE OF CALIFORNIA. Edgar R. Bryant, M. D., President 350 Post street, San Francisco W. J. Hawkes, M. D., First Vice-President Wright & Callender Building, Los Angeles Florella Estes, M. D., Second Vice-President. . . .Auditorium Building, Los Angeles Guy E. Manning, M. D., Secretary 391 Sutter street, San Francisco T. C. Low, M. D., Treasurer Auditorium Building, Los Angeles Directors: George H. Martin, M. D., Butler Building, San Francisco; Wm. Boericke, M. D., 391 Sutter street, San Francisco; Sidney Worth, M. D., 391 Stitter street, San Francisco; James W. Ward, M. D., 391 Sutter street, San Francisco; H, M. Bishop, M. D., Los Angeles. STATE COMMISSIONER OF HORTICULTURE. (See amended act, approved April 26, 1911.) Appointed by the Governor. Term ends October 21, 1915. A. J. Cook (R.), Claremont State Commissioner of Horticulture INDUSTRIAL ACCIDENT COMMISSION. Name. Term Expires. A. J. Pillsbury, Chairman August 31, 1915 Will J. French August 31, 1914 Harris Weinstock August 31, 1913 Employees. Name. Office. Aaron L. Sapiro Secretary Hugh Jeidell Statistician Office, Royal Insurance Building, San Francisco. INSURANCE COMMISSIONER. Appointed by the Governor, with the consent ■ of the State. Term, four years. Term of incumbent ends June 15, 1914. (Stats. 1868, p. 336. Re-enacted 1872, Pol. Code, 368, 568, 569. Stats. 1907, p. 141.) E. C. Cooper, Insurance Commissioner. Name. Office. H. F. Risbrough Deputy Insurance Commissioner J. W. Stetson Attorney Office, 602 Mutual Bank Building, San Francisco. STATE GOVERNMENT. 1213 BUREAU OF I*ABOR STATISTICS. Appointed by the Governor, February 28, 1911. Term, at pleasure of the Governor. (Stats. 1883, p. 27; 1889, p. 6; 1907, pp. 306, 307; 1909, p. 36; 1911, pp. 39, 1205.) John P. McLaughlin, of San Francisco Commissioner. Name. Office. John Kean Deputy Commissioner John J. Tobin Deputy Commissioner, Los Angeles. Henry H. Lyon Asst. Deputy Commissioner, Los Angeles H. A. Scheel Statistician Other appointments — Assistant stenographer and 4 Special Agents. Office, 807 Mechanics Building, 948 Market street, San Francisco. Los Angeles Office, Higgins Building. CALIFORNIA STATE LIBRARY. Board of Trustees appointed by the Governor. Term four years. (Pol. Code, §§ 2292 and 2293.) Charles S. Green (E.), Oakland, President Term expires February 28, 1912 Bradner W. Lee (R.), Los Angeles Term expires February 28, 1914 Allen B. Lemmon (R.), Santa Rosa Term expires February 28, 1914 R. M. Richardson (R.), Sacramento Term expires February 28, 1914 A. H. Hewitt (R.), Yuba City Term expires February 28, 1916 State Librarian. Appointed by Trustees. Term ends July, 1914. James L. Gillis of Sacramento. Name. Office. Milton J. Ferguson Assistant Librarian Laura Steffens Second Assistant Librarian Margaret Eastman Chief Deputy and in charge of Order Dept. Susan T. Smith Reference Librarian Eudora Garoutte Head of California Department Alice J. Haines Head of Documents Department Mabel R. Gillis Head of Books for Blind Department Harriet G. Eddy County Library Organizer Annie L. Blanchard Shelf Lister Annie Lowry In chai'ge of Periodicals and Binding Office, State Capitol. BOARD OF MEDICAL EXAMINERS OF THE STATE OF CALIFORNIA. Appointed by the Governor. Term, two years. (Stats. 1907, p. 252; 1909, p. 418.) Robert Campbell Los Angeles Fred F. Gundrun Sacramento Harry E. Alderson San Francisco W. W. Vanderburgh San Francisco William R. Maloney Los Angeles H. V. Brown Los Angeles H. Clifford Loos San Diego S. H. Buteau Oakland Charles B. Pinkham San Francisco Dain L. Tasker Los Angeles Office of the Board, room 929 Butler Building, Geary and Stockton Streets, San Francisco. 1214 hillyer's legal manual. MEDICAL SOCIETY, STATE OF CALIFORNIA. O. D. Hamlin, President Oakland C. S. Stoddard, First Vice-President Santa Barbara J. R. Walker, Second VicerPresident Fresno Philip Mills Jones, Secretary. Office, Butler Building, San Francisco. Councilors: C. G. Kenyon, San Francisco, chairman; T. C. Edwards, Salinas; E. N. Ewer, Oakland; John Kuser, Novate; Antrim Edgar Osborne, Santa Clara; George H. Kress, Los Angeles; George H. Aiken, Fresno; James H. Parkinson, Sacramento; John C. Spencer, San Francisco; H. A. L. Ryfkogel, San Francisco; F. M. Pottenger, Monrovia; C. Van Zwatenburg, Riverside. STATE MINERALOGIST. Appointed by the Governor. Term of incumbent expires November 25, 1915. Fletcher McNutt Hamilton. Name. Office. E. B. Preston Determinative Mineralogist Fred L. Lowell Curator W. W. Thayer Secretary Office, Ferry Building, San Francisco. TRUSTEES STATE MINING BUREAU. Appointed by the Governor. Term of office, four years. (Stats. 1893, p. 203; amended Stats. 1903, p. 113; Stats. 1907, p. 935.) John G. Fletcher (R.), of Oakland Term expires December 27, 1915 Henry E. Monroe (D.), of San Francisco Term expires July 8, 1916 Calvert Wilson (D.), of Los Angeles Term expires March 29, 1914 E. C. Hutchinson (R.), of San Francisco Term expires March 14, 1916 Office, Ferry Building, San Francisco. TRUSTEES OF STATE MINERAL CABINET. Appointed by the Governor, Term at pleasure of the Governor. Harris Weinstock (R.), of San Francisco Appointed October 29, 19Q0 J. A. Woodson (R.), of Sacramento Appointed April 2, 1887 George Pyburn (R.), of Sacramento Appointed April 2, 1887 State Mineral Cabinet is located at Crocker Art Gallery, Second and streets, Sacramento. BOARD OF MONTEREY CUSTOM-HOUSE TRUSTEES. Appointed by the Governor. Term, four years. (Stats. 1901, p. 516.) Name, Term Expires. Grant Towle, President January 31, 1912 William Sandholt, Secretary January 31, 1912 George S. Gould, Jr., Treasurer January 31, 1912 Frank Mattison January 31, 1914 Florence Porter Pfingst January 31, 1914 CALIFORNIA STATE BOARD OF EXAMINERS IN OPTOMETRY. Appointed by the Governor, Term, four years. (Stats. 1903, p. 285; amended Stats. 1907, p. 63; Stats. 1909, p. 775.) Name. Term Expires. John M. Forsyth, President December 8, 1915 J. M. Crawford, Secretary December 8, 1915 H. H. Weindieck '. December 8, 1915 Office of the Secretary, Fresno, Cal. STATE GOVERNMENT. 1215 OSTEOPATHIC ASSOCIATION OF THE STATE OF CALIFOENIA. Lester E. Daniels, D.O., President Sacramento Susan O. Harris, D.O., First Vice-President San Francisco Grace E. Hain, D.O., Second Vice-President .'.'.'.'.' Stockton C. A. Haines, D.O., Treasurer Sacramento Effie E. York, D.O., Secretary .'.'.'.San Francisco Office of the Secretary, 1479 Geary Street, San Francisco. PANAMA-CALIFORNIA EXPOSITION COMMISSION. Consists of three members appointed by the Governor and serving at the pleasure of the Governor. (Chap. 337, Stats. 1911.) Date. Name. Position. June 15, 1911. George W. Marston, Chairman Member Apr. 17, 1912. Kussell C. Allen-' Member June 15, 1911. Thomas O'Halloran Member *Vice L. J. Wilde, resigned. Office, Administration Building, San Diego. PANAMA-PACIFIC INTERNATIONAL EXPOSITION COMMISSION. Governor Hiram W. Johnson San Francisco Matt I. Sullivan, President San Francisco Chester H. Bowell Fresno Marshall Stimson Los Angeles Arthur Arlett Berkeley Name. Position. Florence J. O'Brien Secretary Leo S. Robinson Controller Office, Exposition Building, San Francisco. STATE BOARD OF PHARMACY. Appointed by the Governor. Term, four years. (Stats. 1905, p. 535; amended Stats. 1907, p. 766.) Name. Term Expires. J. O. McKown, President May 28, 1913 E. J. Molony, Treasurer May 28, 1913 Edward T. Off April 3, 1913 H. O. Bucker. April 3, 1913 Charles B. Whilden April 3, 1913 H. J. Finger May 28, 1913 G. M. Sutherland -April 3, 1913 Louis Zeh, of San Francisco, Secretary. Office of Board, Suite 909-10, Butler Building, Geary and Stockton streets, San Francisco. PILOT COMMISSIONERS. Appointed by the Governor, by and with the advice and consent of the Senate. Term at pleasure of the Governor. San Francisco, Mare Island, Vallejo and Benicia. Name. Office. Term Expires. Charles Mayor, Commissioner March 27, 1911 H. Z. Howard, Commissioner March 27, 1911 William T. Lewis, Commissioner March 27, 1912 Office, 311 Merchants' Exchange Building, San Francisco. 1216 HILLYER^S LEGAL MANUAL. Board of Pilot CJommissioners for the Harbor of San Diego. Appointed by the Governor to serve at his pleasure, not exceeding four years. (Stats. 1911, c. 102.) William E. Cushman, Commissioner March 29 1911 E. S. Potter, Commissioner March 29^ 1911 Mayor of city of San Diego is ex-officio member of Board. PORT WARDENS. Appointed by the Governor, by and with the advice and consent of the Senate. Term, four years. (There are four Port Wardens for the post of San Francisco, and one for every other port of entry within the State.) " (Pol. Code, §§ 368, 369, 2501.) San Francisco. Name. Office. . Term Expires, John Leale, Port Warden March 19, 1913 William H. Pratt, Port Warden Feb. 1, 1913 Thomas Wallace, Port Warden March 8, 1913 Office, 110 Market street, San Francisco. San Diego. A. J. Foster, Port Warden Feb. 1, 1913 San Pedro and Wilmington. (Now under control of city of Los Angeles.) Don. C. Fugitt, Port Warden Feb. 23, 1912 Office, City Hall, Los Angeles. RECLAMATION BOARD. Appointed by the Governor. Term, at the pleasure of the Governor. Three members. No pay. (Stats. 1911, Extra Session, p. 117.) Peter Cook, of Rio Vista Appointed May 8, 1912 V. S. McClatchy, of Sacramento Appointed May 8, 1912 W. T. Ellis, Jr., of Marysville Appointed May 8, 1912 M. C. Zumwalt A. G. Folger Geo. A. Atherton Louis H. Fraiikenheimer CALIFORNIA REDWOOD PARK COMMISSION. Appointed by the Governor. Term, four years. Composed of four members, with the Governor as ex-oflicio member. (Stats. 1911, p. 8.) Governor Hiram W. Johnson, ex-officio member. Name. Office. Term Expiree. H. L. Middleton, Commissioner February 9, 1915 A. A. Taylor, Commissioner February 9, 1915 Charles B. Wing, Commissioner February 9, 1915 Walker Thornton, Commissioner STATE GOVERNMENT. 121.7 COMMISSION FOR THE LOCATION AND CONSTRUCTION OF THE STATE REFORMATORY. Consists of five members appointed by the Governor. (Stats. 1911, p. 1088.) Hiram W. Johnson, Governor San Francisco Albert J. Wallace, Lieutenant Governor Los Angeles C. E. McLaughlin, Sacramento Appointed August 23, 1911 Earl A. Walcott, San Francisco Appointed August 23, 1911 B. P. Oliver, San Francisco Appointed August 23, 1911 STALLION REGISTRATION BOARD. (Stats. 1911, p. 1306.) Directors. A. L. Scott President Dr. Chas. Keane State Veterinarian George Robertson Secretary Office of Secretary, State Fair Grounds, Sacramento. BOARD OF SUTTER'S FORT TRUSTEES. Appointed by the Governor. Term, four years. (Stats. 1891, p. 25.) James M. Henderson (R.)> o^ Sacramento, President. . .Term expires August 1, 1915 Edward M. Lynch (R.), of Sacramento, Secretary, . . .Term expires March i9, 1911 George E. Bullock (R.), of Sacramento Term expires June 29, 1913 Henry Hahman (R.), of Santa Rosa Term expires June 29, 1913 Frederick T. Duhring (R.), of Sonoma Term expires June 29, 1913 Office, Sutter's Fort, Sacramento, Cal. CALIFORNIA STATE TRADES AND TRAINING SCHOOL. (Location to be selected.) Board of Trustees. Appointed by the Governor. Term, four years. (Stats. 1909, p. 887.) W. H. Metson, of San Francisco Term expires June 2, 1913 W. L. Crooks, of Benicia Term expires July 1, 1913 Commission to Select Site. Hiram W. Joiinson Governor Frank C. Jordan Secretary of State U. S. Webb Attorney General J. B. Curtin * State Senator E. L. Hawk Member of Assembly VETERANS' HOME OF CALIFORNIA. Board of Directors. Samuel W. Backus, of San Francisco Term ex^^ires July 1, 1913 Hugh M. Burke, of San Francisco Term expires July 1, 1913 W. H. Savage, of San Pedro Term expires July 1, 1913 Dr. G. Parker Dillon, of Sacramento Term expires July 1, 1915 E. B. Hinman, of Sacramento Term expires July 1, 1915 Hugh Hogan, of Oakland Term expires July 1, 1915 J. C. Currier, of San Francisco Term expires July 1, 191o Ofllcers of the Board in San Francisco. Samuel W. Backus ;. • • -President Hugh M. Burke Vice-President B. J. Scoville Assistant Secretary Office, Room 506 Macdonough Building, 333 Kearny Street, San Francisco. 77 1218 iiillyer's legal manual. Officers at the Veterans' Home. Name. Positiou. Gen. C. A. Woodruff, U. S. A. (retired) Conjmandant C. de Colmesnil Secretary and Treasure*- STATE VETERINARIAN. Appointed by the Governor. Term, four years. (Stats. 1899, p. 129; 1909, p. 431.) Name. Office. Term Expires. Dr. Charles Keane, State Veterinarian March 19, 1913 Dr. "Ward B. Eowland, Assistant State Veterinarian March 19, 1917 OflSice, State Capitol, Sacramento. STATE BOARD OF EXAMINERS IN VETERINARY MEDICINE. Appointed by the Governor. The act of 1909 provides that one member shall be appointed for one year; one for two years; one for three years; two for four years, and thereafter the term of office shall be four years. (Stats. 1909, p. 278.) Name. Office. Term Expires. Robert A. Archibald, President April 25, 1911 W. E. D. Morrison, Vice-President April 30, 1914 Otis A. Longley, Secretary April 25, 1911 David F. Fox, Treasurer June 10, 1913 Ward B. Eowland May 26, 1912 Office of Secretary, 616 I street, Fresno. STATE COMMISSION ON VOTING OR BALLOT MACHINES. (Stats. 1903, p. 262.) Hiram W. Johnson Governor Frank C. Jordan Secretary of State U» S. Webb Attorney General , Secretary. The following machines have received the approval of the Commissioners: United States Standard Voting Machine, Columbia Voting Machine, Dean Ballot Machine. STATE WATER COMMISSION. Consists of the Governor and State Engineer as ex-officio members, and three members appointed by the Governor. Term, four years. Of the three members first appointed one to serve one year, one to serve two years, one to serve three years. After that four years. S. C. Graham, of Los Angeles Term expires March 26, 1913 Harold T. Power, of Auburn Term expires March 26, 1914 Charles D. Marx, of Palo Alto Term expires March 26, 1915 Name. Office. Secretary Geo. W. Davis . . . .' Engineer Offices, State Capitol, Sacramento; Room 702, Mills Building, San Francisco. WOMEN'S RELIEF CORPS HOME ASSOCIATION OF CALIFORNIA. (Location of Home: Evergreen, Santa Clara County.) Board of Directors. Term of office, two years. (Stats. 1907, p. 702. Pol. Code, §§ 2210-2210g.) Cora A. Merritt, of San Mateo, President Term expires June 29, 1914 L. May Eley, of San Jose, Vice-President Term expires June 29, 1913 Sarah J. Farwell, of Oakland, Secretary '.Term expires June 29, 1914 STATE GOVERNMENT. 1219 Susan M. McFarlin Taylor, of Oakland, Treasurer Term expires June 29, 1913 Amanda Craker, of Santa Clara Term expires June 29, 19U Cora A. Fenner, of San Francisco Term expires June 29, 1914 H. Augusta Tozer, of San Francisco Term expires June 29, 1914 Jessie Brainard, of Petaluma Term expires June 29, 1913 Lettie M. Winans, of Petaluma Term expires June 29, 1913 Belle Donovan, of San Francisco Term expires June 29, 1913 Belle Pomeroy, of San Jose Term expires June 29, 1913 Advisory Board. C. Mason Kinne, Chairman. W. K. Thomas. E. S. Salomon. N. P. Chipmau. J. B. Lauck. E. L. Hawk. T. J. Stone. Office of Secretary, 469 Crescent street, Oakland. STATE CIVIL SERVICE COMMISSION. Charles Wesley Eeed, San Francisco. Term expires July 1, 1914 Edgar Williams, Redlands Term expires July 1, 1916 J. M. Hunter, Los Angeles Term expires July 1, 1917 RECREATIONAL INQUIRY COMMISSION. Grace Fernald, M. D Los Angeles James Edward Rogers San Francisco Bessie Stoddart Los Angeles August Vollmer Berkeley C. A. Stebbins, M. D Chico LEGISLATIVE COUNSEL BUREAU BOARD. John H. Guill, Jr., Chico -. Term expires September 17, 1915 William C. Clark, Oakland Term expires September 17, 1915 Newton W. Thompson, Alhambra Term expires September 17, 1915 Edwin E. Grant, San Francisco Term expires September 17, 1915 BOARD OF TRUSTEES OF THE HUMBOLDT STATE NORMAL SCHOOL. E. W. Haight, Fortuna Term expires September 18, 1914 Henry J. Bridges, Eureka Term expires September 16, 1915 Charlotte Gale, Eureka Term expires September 13, 1916 W. E. Cook, Eureka Term expires September 15, 1917 Rease M. Wiley, Areata Term expires September 15, 1917 INDUSTRIAL WELFARE COMMISSION. A. B. C. Dohrmann, San Francisco Term expires September 16, 1914 Walker Mathewson, San Jose Term expires September 16, 1914 Katherine Philips Edson, Los Angeles Term expires September 16, 1915 A. Bonheim, Sacramento Term expires September 16, 1916 Frank J. Murasky, San Francisco Term expires September 16, 1917 STATE BOARD OF VITICULTURAL COMMISSIONERS. H. F. Stoll, San Francisco, Member at Large Term expires August 30, 1915 O. J. Wetmore, San Francisco, Member at Large. . . .Term expires August 30, 1915 Paul Masson, San Jose, Member at Large Term expires August 30, 1917 Sheridan Peterson, Windsor, Member First District . .Term expires August 30, 1917 Frank T. Swett, Martinez, Member Second District. .Term expires August 30, 1917 Carl E. Bundscher, S. F., Member Third District. ..Term expires August 30, 1917 Secondo Guasti, L. A., Member Fourth District Term expires August 30, 1915 J. E. Beach, Fair Oaks, Member Fifth District Term expires August 30, 1917 Wyllie M. Giffen, Fresno, Member Sixth District. . .Term expires August 30, 1915 1220 hh^lyer's legal manual. COMMISSION OF IMMIGRATION AND HOUSING. Paul Scharenberg San Francisco Edward J. Hanna San Francisco Simon Lubin Sacramento Arthur H. Fleming Los Angeles Mary A. Gibson Los Angeles BOARD OF HARBOR COMMISSIONERS FOR THE PORT OF SAN JOSE. W. G. Alexander, San Jose Term expires September 8, 1915 W. M. Southeimer, San Jose Term expires September 8, 1916 Jno. D. Crummey, San Jose Term expires September 8, 1917 COMMISSION ON LOCATION AND PURCHASE OF SITE FOR CALIFORJOA SCHOOL FOR GIRLS. Mrs. C. M. Weyman, San Francisco Term expires by Law Mrs. Edgar German, Los Angeles Term expires by Law Mary Hamilton, Redlands Term expires by Law Mrs. D. G. Stephens, Santa Monica Term expires by Law STATE BOARD OF EDUCATION. E. P. Clark, Riverside Term expires August 29, 1914 L. E. Chenoweth, Bakersfield Term expires August 29, 1915 Agnes Ray, Oakland Term expires August 29, 1915 Charles Frank Stern, Eureka Term expires August 29, 1916 George W. Stone, Santa Cruz Term expires August 29, 1916 Mrs. O. Shepard Barnum, Los Angeles Term expires August 29, 1917 William H. Langdon, San Francisco Term expires August 29, 1917 EDUCATIONAL INSTITUTIONS. BOARD OF REGENTS OF UNIVERSITY OF CALIFORNIA. Ex Officio.* (Pol. Code, § 1426.) Hiram W. Johnson, of Sacramento, Governor and ex-officio President of the Board Albert J. Wallace, of Los Angeles Lieutenant-Governor Arthur H. Hewitt, of Yuba City Speaker of the Assembly Edward Hyatt, of Sacramento State Superintendent of Public Instruction A. Lowndes Scott, of San Francisco President State Agricultural Society Rudolph J. Taussig, of San Francisco President of the Mechanics' Institute Benjamin Ide Wheeler President of the University. Appointed by the Governor. Term, Sixteen Years. (Pol. Code, § 1426.) Edward A. Dickson, of San Francisco Term expires March 1, 1926 - - • - . -- - ^ ^^22 1914 1916 1924 1920 1918 1916 1914 1918 1920 1920 Philip E. Bowles, of San Francisco Term expires March 1 John A. Britton, of San Francisco Terra expires March 1 Rudolph J. Taussig, of San Francisco Term expires March 1 William H. Crocker, of San Francisco Term expires March 1 Frederick W. Dohrmann, of San Francisco Term expires March 1 Guy C. Earl, of Oakland Term expires March 1 A. W. Foster, of San Francisco Term expires March 1 Mrs. Phoebe Apperson Hearst, of San Francisco Term expires March 1 Isaias W. Hellraan, of San Francisco Term expires March 1 Garret W. McEnerney, of San Francisco Term expires March 1 James W. McKinley, of Los Angeles Term expires March 1 *Sections 353, 1425 and 1427 of the Political Code were amended in 1909, add- ing another ex-officio Regent in the person of the President of the Alumni Asso- ciation of the University of California, but the Board of Regents has declined to seat such a member, on the ground that it is in conflict with section 9, article IX, of the State Constitution. STATE GOVERNMENT. 1221 James K. Moffit, of San Francisco. Term expires March 1, 1924 Minnie Eshleman Sherman, of Fresno Term expires March 1, 1926 Charles S. Wheeler, of San Francisco Term expires March 1, 1912 Charles A. Ramm, of San Francisco Term expires March i; 1930 Officers of the Board of Regents. Hiram W. Johnson, Governor President of the Board Benjamin Ide Wheeler President of the University Victor H. Henderson Secretary T. W. Hellman, Jr., of San Francisco Treasurer Warren Olhey, Jr., of San Francisco Counsel Ralph P. Merritt Comptroller Standing Committees of the Board of Regents for the Year Ending June 30, 1912 Finance — Regents Earl, Foster, Britton, Moffitt, Taussig, and, as Member Emeritus, Regent Hellman. Grounds and Buildings — Regents Britton, Mrs. Hearst, Dohrmann, Bowles, and C. S. Wheeler. Agriculture — Regents Scott, Foster, Rowell, Hewitt, and Wallace. Medical Instruction — Regents Moffitt, Crocker, Dohrmann, Mrs. Hearst, and Rowell. Lick Observatory — Regents Dickson, McEnerney, Ramm, Budd, and Crocker. Wilmerding School — Regents Taussig, Earl, and Crocker. San Diego Marine Biological Laboratory — Regents McKinley, Wallace and Hyatt. Executive Committee — This committee consists of the Chairmen of all other com- mittees. HASTINGS COLLEGE OF THE LAW— UNIVERSITY OF CALIFORNIA, (Stats. 1877-78, p. 533.) Located in S?in Francisco. Founded by S. Clinton Hastings in 1878. Endowed by S. Clinton Hastings with $100,000, the State agreeing to pay seven per centum interest annually. Transferred to the Directors and to the Regents of the University in 1878. Directors. Hon. William H. Beatty, Chief Justice of the Supreme Court, ex-officio President of the Board of Sacramento Thomas L Bergin, Esq., Vice-President of San Francisco James M. Allen, Esq of San Francisco Perry Evans, Esq of San Francisco W. C. Van Fleet, Esq of San Francisco Hoyt D. Hastings, Esq of Sui^un Hon. Ralph C. Harrison of San Francisco Warren Olney, Jr., Esq of San Francisco Charles W. Slack, Esq of San Francisco MEDICAL DEPARTMENT, UNIVERSITY OF CALIFORNIA. Located in San Francisco. United with University April 1, 1873. CALIFORNIA COLLEGE OF PHARMACY, UNIVERSITY OF CALIFORNIA. Located in San Francisco. This college was the outgrowth of the California Pharmaceutical Society, and was incorporated August 5, 1872; affiliated with the University May 15, 1873. Officers. Gaston E. Bacon President Franklin Theodore Green Secretary and Dean Richard E. White .* Treasurer Directors. Gaston E. Bacon John H. Dawson James G. Munson Val Schmidt Isaac Tobriner Richard E. White Robert Alexander Leet 1222 hillyer's legal manual. SAN FRANCISCO INSTITUTE OF ART. (Formerly Mark Hopkins Institute of Art.) Officers and Employees of the San Francisco Art Association. < Directors. i Vanderlynn Stow James D. Phelan Josiah R. Howell Warren D. Clark Lorenzo P. Latimer Henry Heyman John I. Walter Charles Templeton Harry W. Seawell Joseph D. Redding Crocker Thomas M. Pennell Officers of the Board of Directors. Vanderlynn Stow President Josiah R. Howell First Vice-President Lorenzo P. Latimer Second Vice-President Henry Heyman Secretary John L Walter Treasurer STATE NORMAL SCHOOL, SAN JOSE. Established in 1862. Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. (Pol. Code, § 354.) Hiram W. Johnson Governor and ex-officio member of the Board Edward Hyatt Supt. of Public Instruction, and ex-officio member of the Board STATE NORMAL SCHOOL, LOS ANGELES. Established in 1882. i Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. (Pol. Code, section 354.) Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt. . . .Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. Richard Melrose July 1, 1914 Geo. I. Cochran July 1, 1913 James A. B. Scherer July 1, 1914 Edwin T. Earl July 1, 1913 Arthur Letts July 1, 1914 STATE NORMAL SCHOOL, CHICO. Established in 1889. Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. (Pol. Code, §354.) Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt. . . .Supt. of Public Instruction, and ex-officio member of the Board Allison Ware Secretary Name. Term Expires. George P. Morse •, July 1, 1916 F. M. Rutherford July 1, 1914 Clifford Coggins i July 1, 1913 Florence J. O'Brien July 1, 1914 John F. Ellison July 1, 1912 STATE GOVERNMENT. 1223 STATE NORMAL SCHOOL, SAN DIEGO. Established March 13, 1897. Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. Hiram W, Johnson Governor, and ex-officio member of the Board Edward Hyatt Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. Isidore B. Dockweiler July i^ 1912 Charles C. Chapman July l,' 1913 M. L. Ward July 1, 1914 Willard B. Thorp Ernest E. White Edith Husted, Secretary. STATE NORMAL SCHOOL, SAN FRANCISCO. Established, 1899. Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. (Pol. Code, § 3540 Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt. . . .Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. George E. Crothers Term expires July 1, 1916 James B. Davidson Joseph H, Thompson P. M. Fisher F. S. Brittain STATE NORMAL SCHOOL, FRESNO. Established 1911. Board of Trustees. Appointed by the Governor, by and with the advice and consent of the Senate. Term of office, four years. Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. James Curran May, 1913 H. Graff - May, 1914 M. B. Harris May, 1915 W. H. Langdon May, 1912 Irving Martin May. 1913 C. L. McLane, Secretary. 1224 hillyer's legal manual. STATE NORMAL SCHOOL OF MANUAL ARTS AND HOME ECONOMICS, SANTA BARBARA. Established in March, 1909. Board of Trustees. Appointed by the Governor. Term, four years. (Stats. 1909, c. 471, p. 795.) Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. Clio L. Lloyd April 26, 1913 Charles A. Edwards April 26, 1915 Jarret T. Richards April 26, 1915 Thomas R. Bard April 26, 1914 A. Bonnheim April 26, 1914 CALIFORNIA POLYTECHNIC SCHOOL, SAN LUIS OBISPO. Board of Trustees. Appointed by the Governor. Term, four years. (Stats. 1901, p. 115.) Hiram W. Johnson Governor, and ex-officio member of the Board Edward Hyatt. .. .Supt. of Public Instruction, and ex-officio member of the Board Name. Term Expires. Archibald McNeil, President October 3, 1914 Wm. Shipsey, Vice-President March 2, 1915 E. J. Wickson October 3, 1914 Edward Simpson March 2, 1915 Warren M. John June 7, 1916 CALIFORNIA INSTITUTION FOR THE DEAF AND THE BLIND. Established 1860. Board of Directors. Appointed by the Governor, by and with the advice and consent of the Senate. Term, four years. Name. Term Expires. George W. Reed, President , March 11, 1914 Walter J. Mathews, Vice-President February 1, 1913 Wiggington Creed March 25, 1913 Melvin C. Chapman March 25, 1913 J. Arthur Elston March 25, 1913 INDUSTRIAL HOME OF MECHANICAL TRADES FOR ADULT BLIND. Boaxd of Directors. Appointed by the Governor. Term at pleasure of Governor. John P. Irish, President Oakland J. W. Scott East Oakland Warren Olney, Sr Oakland Geo. E. Randolph Oakland H. C. Capwell Oakland STATE GOVERNMENT. 1225 STATE HOSPITALS. STATE COMMISSION IN LUNACY. Created in 1897. Amended Stats. 1903, p. 485. Reorganized Stats. 1909, pp. 56-78. Hiram W. Johnson, President Governor J'raiik C. Jordan 'V.'.V.V. Secretary of State U. S Webb . . Attorney General ±. W. Hatch, M. D General Superintendent of State Hospitals F. W. Hatch, M. D. (R.), General Superintendent of State Hospitals. Appointed by Governor. Term of office, four years; expires March 18, 1913. E. S. Birdsall, Secretary of Commission. Appointed by Commission. Term of office, four years. STOCKTON STATE HOSPITAL. Postoffice address, Stockton, California. Created April 30, 1851. Board of Managers. Appointed by the Governor. Term, four years. Stats. 1897, p. 316; 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78. Name. Term Expires. Charles D. Fontana, President May 27, 1913 F. J. Dietrich May 27, 1913 J. C. McLeod May 27, 1913 W. B. Nutter May 27, 1913 Dr. Ellis Harbert July 30, 1916 NAPA STATE HOSPITAL. Postoffice, Napa, California. Created March 27, 1872. Board of Managers. Appointed by the Governor. Term, four years. (Stats. 1897, p. 316; 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78.) Name. Term Expires. Emmett Phillips, President David Rutherford - . . • C. J. Corcoran September 10, 1&16 H. J. Weidenman January 16, 1916 AGNEWS STATE HOSPITAL. Postoffice address, Agnew, Santa Clara County, California. Created March 9, 1885. Board of Managers. Appointed by the Governor. Term, four years. (Stats. 1897, p. 316; 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78.) Name. Whence Appointed, Term Expires. Fred H. Bangs, President. . San Jose December 27, 1914 T. S. Montgomery San Jose December 28, 1914 Edward White Watsonville December 28, 1914 Horace Wilson San Francisco July 1, 1913 Duncan McPherson Santa Cruz December 7, 1914 L. M. Simonsen, Secretary and Treasurer, Board of Managers. 1226 hillyer's legal manual. SOUTHERN CALIFORNIA STATE HOSPITAL. Postoffice address, Patton, San Bernardino County, Cal. Created March 11, 1889. Board of Managers. Appointed by the Governor. Term, four years. (Stats. 1897, p. 316; 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78.) Name. Term Expires. E. P. Clarke, President April 15, 1915 A. B. Paddock April 15, 1915 H. McPhee December 10, 1914 Austin F. Park December 8, 1914 Lyman M. King, Secretary and Treasurer, Board of Managers. MENDOCINO STATE HOSPITAL. Postoffice address, Talmage, California. Created February 20, 1899. Board of Managers. Appointed by the Governor. Term, four years. (Stats. 1897, p. 316; 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78.) Name. Term Expires. W. A. S. Foster, President June 8, 1913 George D. Clark March 18, 1912 John L. McNab March 18, 1912 A. J. Fairbanks February 16, 1914 A. Hochheimer January 8, 1913 Charles F. Craig, Secretary and Treasurer, Board of Managers. SONOMA STATE HOME. (Formerly known as the California Home for the Care and Training of Feeble- Minded Children.) Postoffice address, Eldridge, California. Created March 18, 1885. Board of Managers. Appointed by the Governor. Term, four years. (Stats. 1903, p. 485. Reorganized, Stats. 1909, pp. 56-78.) Name. Term Expires. R. A. Poppe, President May 21, 1916 C. B. Haven August 28, 1914 Rev. A. C. Bane November 28, 1915 Percy S. King E. M. Norton May 21, 1916 F. A. Cromwell, Secretary and Treasurer, Board of Managers. PUNITIVE AND REFORMATORY INSTITUTIONS. STATE BOARD OF PRISON DIRECTORS. Appointed by the Governor, by and with the advice and consent of the Senate. (Const., art. X, § 1.) Term, 10 years. Dennis M. Duffy (R.), of San Francisco, President. .Term expires January 12, 1920 Tirey L. Ford (R.), of San Francisco Term expires January 12, 1914 Warren R. Porter (R.), of San Francisco Term expires January 12, 1916 Charles Sonntag (R.), of San Francisco Term expires January 12, 1918 Charles L. Neumiller (R.), of Stockton Term expires January 12, 1922 Clerk of Board, M. E. Noon. STATE GOVERNMENT. 1227 Parole Officers. Appointed by the State Board of Prison Directors. Term at Pleasure of the Board. Name. Office. Ed H. Whyte Parole Officer and State Agent Stanley Murray Assistant Parole Officer and State Agent E. W. Madden Assistant Parole Officer and State Agent George W. Conart Assistant Parole Officer and State Agent Office, Room 13, Ferry Building, San Francisco. STATE PRISON AT SAN QUENTIN, CALIFORNIA. Postoffice address, San Quentin, Marin County, California. Officers and Employees. Name. Office. James A. Johnston Warden STATE PRISON AT FOLSOM. Postoffice address, Bepresa, Sacramento County, California. Officers and Employees. Name. Office. J. J. Smith, Acting Warden WHITTIER STATE SCHOOL. Established March 11, 1889. Board of Trustees. Appointed by the Governor. Term, four years. No pay. (Stats. 1889, p. 111.) Name. Term Expires. Prescott F. Cogswell, President June 6, 1916 Benjamin F. Pearson May 3, 191o William E. McVey May 3, 191o Officers and Employees. Name. Office. Fred C. Nelles. Superintendent PRESTON SCHOOL OF INDUSTRY. Located near lone. Postoffice address, Waterman, Amador County, California. Board of Trustees. Appointed by the Governor. Term, four years. The board is classified so that the terms of office expire successively. (Stats. 1893, p. 39.) ^ . Name Term Expires. Arthur M. Seymour / * • ' : VV "^^""l* ?^' itv? C. N.Lathrop Appointed March 15, 1912 C. H.McKenney July 1, 191o Officers and Employees. Office. Calvin^Darrack Superintendent 1228 hillyer's legal manual. CLASSIFICATION OF COUNTIES OF CALIFORNIA. (Stats. 1911, p. 97.) Population Class. County. Census 1910. 1 Los Angeles — 500,000 and over 504,131 2 San Francisco — 400,000 under 500,000 416,912 3 Alameda— 200,000 under 400,000 246,131 4 Santa Clara— 80,000 under 200,000 83,539 5 Fresno— 75,000 under 80,000 75,657 6 Sacramento — 65,000 under 75,000 67,806 7 San Diego— 60,000 under 65,000 61,665 8 San Bernardino — 55,000 under 60,000 56,706 9 San Joaquin— 50,000 under 55,000 50,731 10 Sonoma— 40,000 und^r 50,000 48,394 11 Kern— 36,000 under 40,000 37,715 12 Tulare— 35,000 under 36,000 35,440 13 Riverside— 34,500 under 35,000 34,696 14 Orange— 34,000 under 34,500 34,436 15 Humboldt— 32,000 under 34,000 33,857 16 Contra Costa— 31,000 under 32,000 31,674 17 Santa Barbara— 27,700 under 31,000 27,738 18 Solano— 27,500 under 27,700 27,559 19 Butte— 27,300 under 27,500 27,301 20 San Mateo— 26,500 under 27,300 26,585 21 Santa Cruz— 26,000 under 26,500 26,140 22 Marin— 25,000 under 26,000 25,114 23 Monterey— 24,000 under 25,000 24,146 24 Mendocino— 23,000 under 24,000 23,929 25 Stanislaus— 22,000 under 23,000 22,522 26 Napa— 19,500 under 22,000 19,800 27 San Luis Obispo — 19,300 under 19,500 19,383 28 Shasta— 18,900 under 19,300 18,920 29 Siskiyou— 18,500 under 18,900 18,801 30 Ventura— 18,300 under 18,500 18,347 31 Placer— 18,000 under 18,300 18,237 32 Kings— 16,000 under 18,000 16,230 33 Merced— 15,000 under 16,000 15,148 34 Nevada— 14,000 under 15,000 14,955 35 Yolo— 13,700 under 14,000 13,926 36 Imperial— 13,000 under 13,700 13,591 37 Tehama— 11,000 under 13,900 11,401 38 Yuba— 10,000 under 11,000 10,042 39 Tuolumne— 9,500 under 10,000 9,979 40 Calaveras— 9,100 under 9,500 9,171 41 Amador— 9,000 under 9,100 9,086 42 Madera— 8,300 under 9,000 8,368 43 San Benito— 8,000 under 8,300 8,041 44 Colusa— 7,700 under 8,000 • 7,732 45 El Dorado— 7,400 under 7,700 7,492 46 Glenn— 7,000 under 7,400 7,172 47 Inyo— 6,500 under 7,000 6,974 48 Sutter— 6,300 under 6,500. , 6,328 49 Modoc— 6,000 under 6,300 6,191 50 Lake— 5,300 under 6,000 5,526 51 Plumas— 5,000 under 5,300 5,259 52 Lassen— 4,500 under 5,000 4,802 53 Sierra— 4,000 under 4,500 4,098 54 Mariposa— 3,500 under 4,000 3,956 55 Trinity— 3,000 under 3,500 3,301 56 Del Norte— 2,400 under 3,000 2,417 57 Mono— 2,000 under 2,400 2,042 58 Alpine— less than 2,000 309 COUNTY OFFICIALS. 1229 COUNTY OFFICIALS. STATUTOKY DEPUTIES, SALARIES, FEES AND COMMISSIONS. Figures as to the population of counties are taken from the United States census of 1910, and incorporated in the Political Code (§ 4005c) for the -purpose of classi- fication, as amended in Statutes of 1911, chapter 84, pages 97-101, inclusive, ALAMEDA COUNTY. Third class. County seat, Oakland. Area, 840 square miles. Office. Name of Officer. County Clerk John B. Cook Sheriff Frank Barnet Tax Collector James B. Barber Treasurer M. J. Kelly Recorder G. W. Bacon Auditor E. F. Garrison District Attorney W. H. L. Hines Assessor Charles F. Horner Superintendent of Schools George W. Frick Coroner Dr. C. L. Tisdale Public Administrator H. B. Mehrmann Surveyor P. A. Haviland Superior Judge F. B. Ogden Superior Judge William S. Wells Superior Judge T. W. Harris Superior Judge William H. Waste Superior Judge William H. Donahoe Superior Judge Everett J. Brown Court Commissioner ^ Clarence Crowell Super visoKS. Meetings held each Monday. John F. Mullins, Oakland, Chairman. D. J. Murphy, Livermore. . J. M. Kelley, Oakland. W. B. Bridge, Oakland. F. W. Foss, Berkeley. Police Judges. Geo. E. Samuels, Oakland City, Oak- Robert Edgar, Berkeley City, Berkeley. land. Mortimer Smith, Oakland City, Oak- R. B. Tappan, Alameda City, Alameda. land. ALPINE COUNTY. Fifty-eighth class. County seat, Markleeville. Area, 575 square miles. Office. Name of Officer. County Clerk, Auditor and Recorder Fred S. Dunlap Sheriff and Tax Collector Charles A. Grover Treasurer Charles M. Jackson District Attorney Otto K. Grau* Assessor William A. Dudley Superintendent of' Schools '.*.' Mrs. E. A. Grover Coroner and Public Administrator K. Heimsoth Surveyor A- ^' ^*®J^*'* Superior Judge I^ester T. Price ^Elected 1910. 1230 HILLYER^S LEGAL MANUAL. Supervisors. Supervisors' sessions held first Monday in January, April, July, October; third Monday in July and September. Ernest Scossa, Fourth District, Woodfords, Chairman. Chas. W. Barrett, First District, Mark- G. P. Merrill, Third District, Wood- leeville. fords. F. M. Rickey, Second District, Mark- R. W. Bassman, Fifth District, Freder- leeville. icksburg. John Heimsoth, Fifth District, Fredericksburg, Justice of the Peace. AMADOR COUNTY. Forty-first class. County seat, Jackson. Area, 586 square miles. Office. Name of Officer. County Clerk and Auditor John R. Huberty Sheriff and Tax Collector John S. Davis Treasurer George A. Gritton Recorder T. M. Ryan District Attorney William G. Snyder Assessor C. E, Jarvis Superintendent of Schools W. H. Greenhalgh Coroner and Public Administrator H. E. Potter Surveyor Gustavo Schrader Superior Judge Fred V. Wood Supervisors. Meet the first Monday of each month. Lawrence Burke, Plymouth, Chairman. John Strohm, First District, Jackson. L. H. Cook, Third District, Volcano. W. M. Amick, Second District, lone. D. A. Eraser, Fourth District, Sutter Creek. BUTTE COUNTY. Nineteenth class. County seat, Oroville. Area, 1,764 square miles. Offic(, Name of Officer. County ClerK C. F. Belding Chief Deputy County Clerk W. R. Riddle Sheriff J. B. Webber Tax Collector iS. S. Simon Treasurer J. C. Dooley Auditor and Recorder J. A. Tyler District Attorney George F. Jones Assistant District Attorney George F. Le Rossignol Assessor A. E. Morton Superintendent of Schools Minnie S. Abrams Coroner and Public Administrator John Wallace Surveyor M. C. Polk Superior Judge H. D. Gregory Court Commissioner W. H. White Supervisors. Board of Supervisors meet in regular session on the first Monday in each month. C. E. Porter, First District, Oroville, R. F. D. No. 2, Chairman. R. P. Holmes, Second District, Chico. D. H. Evans, Fourth District, Gridley. T. F. Whipple, Third District, Oroville, E. C. Wilson, Fifth District, Oroville, R. F. D. No. 3. R. F. D. No. 4. Police Judges. Jas. Lafferty, Ophir Township, Oroville. Richard White, Chico Township, Chico. COUNTY OFFICIALS. 1231 CALAVERAS COUNTY. Fortieth class. County seat, San Andreas. Area, 990 square miles. ^^««- * Name of Officer. County Clerk, Auditor and Eecorder A W Poe m^^"*'^ n* ■ : ''.'.'.'.'.*.*.'.'.'.*. Joshua Jones Tax Collector Louis Cademartori Treasurer W. H. SteflBer District Attorney john Hancock Assessor W. M. Nuner Superintendent of Schools Frank C. Wells Coroner and Public Administrator Jos. E. Prince Surveyor W.' S. Coulter Superior Judge John Hancock Superior Judge Fred V. Wood Court Commissioner Edward Casey Probation Officer Edward Casey Supervisors. Meetings of Supervisors held first Monday of each month. R. V. March, Burson, Chairman. J. E. Holland, Murphys. Edmund Stocker, Fosteria. James B. Lundy, San Andreas. W. N. Garland, Angels Camp. COLUSA COUNTY. Forty-fourth class. County seat, Colusa. Area, 1,080 square miles. Office. Name of Officer. County Clerk and Recorder W. J. King Sheriff CD. Stanton Tax Collector Ed W. Tennant Treasurer E. R. Graham Auditor J. F. Rich District Attorney Seth Millington Assessor A, F. Sutton Superintendent of Schools F. M. Rhodes Coroner and Public Administrator J. D. McNary Surveyor J. W. Kaerth Superior Judge H. M. Albery John B. Moore also acts as Police Judge for the town of Colusa. Supervisors. Meetings of board held first Monday of each month. T. D. Cain, College City, Chairman. P. V. Berkey, Colusa. H. H. Harlan, Williams. J. H. Kilgore, Colusa. J. F. Campbell, Colusa. CONTRA COSTA COUNTY. Sixteenth class. County seat, Martinez. Area, 750 square miles. Office. Name of Officer. County Clerk J. H. Wells Sheriff R. R- Veale Tax Collector M. W. Joost Treasurer L- N. Buttner Recorder M. H. Hurley Auditor A. N. Sullenger District Attorney A. B. McKenzie 1232 hillyer's legal manual. Assessor G. O. Meese Superintendent of Schools W. H. Hanlon Coroner C. L. Abbott Public Administrator C. E. Dale}' Surveyor Elam C* Brown Superior Judge .R. H. Latimer Supervisors. Regular meetings, first Monday in each month. J. H. Trythall, Fifth District, Antioch, Chairman. Warren H. McBride, Richmond. Vincent Hook, Third District, Concord. J. P. Casey, Second District, Port W. J. Buchanan, Fourth District, Pitts- Costa, burg. DEL NORTE COUNTY. Fifty-sixth class. County seat. Crescent City. Area, 1,546 square miles. Office. Name of Officer. County Clerk W. L. Nichols Sheriff A. J. Huffman Tax Collector W. T. Breen Treasurer D. W. Rice Auditor and Recorder N. G. McVay Assessor W. F. Malone District Attorney E. C. Hersch Superintendent of Schools J. M. Hamilton Coroner and Public Administrator J. A. Tyler Surveyor R. I>. Cooper Superior Judge J. L. Childs Court Commissioner Geo. W. Howe Supervisors. Board meets second Monday in each month. Frank V. Vincent, Third District, Smith River, Chairman. West Duley, First District, Crescent Thomas Peacock, Fourth District, Cres- City. cent City. W. W. McLaren, Second District, Cres- Frank Laduron, Fifth District, Crescent cent City. City. EL DORADO COUNTY. Forty-fifth class. County seat, Placerville. Area, 1,891 square miles. Office. Name of Officer. County Clerk and Auditor Ted C. Atwood Recorder Charles E, Marsh Sheriff and Tax Collector Chas. E. Hand Treasurer Guy E. Wentworth District Attorney Geo. H. Thompson Assessor ..George Rieber Superintendent of Schools S. B. Wilson Coroner and Public Administrator George Ruoff Surveyor Clifton H. Wildman Superior Judge N. D. Arnot Supervisors. Board meets first Monday in each month. J. J. Bayne, Coloma, Chairman. P. F. Morgan, Georgetown. John C. Akin, Placerville. J. S. Creighton, Smiths Flat. John Wall, Placerville. COUNTY OFFICIALS. 1233 FRESNO COUNTY. Fifth class. County seat, Fresno. Area, 5,696 square miles. Office. Name of Officer. County Clerk D. M. Barnwell Sheriff W. S. McSwain Tax Collector A. B. Smith Treasurer j. R. Hickman Kecorder R. N. Barstow Auditor , H. E. Barnum District Attorney M. F. McCormick, vice D. S. Church, resigned Assessor G. P. Cummings Superintendent of Schools •. E. W. Lindsay Coroner W. A. Bean Public Administrator Geo. R. Andrews Surveyor Scott McKay Superior Judge H. Z. Austin Superior Judge Geo. E. Church Supervisors. Regular meeting of board, first Monday of each month at 2 o'clock P. M. Chris. Jorgensen, Fresno, Chairman. J. B. Johnson, Ftesno. Thos. Martin, Fresno. M. D. Huffman, Fresno. W. A. Collins, Fresno. Herbert F. Briggs, Police Judge, City of Fresno, Fresno. Geo. B. Graham, City Justice, City of Fresno, Fresno. GLENN COUNTY. Forty-sixth class. County seat. Willows. Area, 1,460 square miles. Office. Name of Officer. County Clerk : W. H. Sale Sheriff and Tax Collector J. A. Bailey Treasurer J. W. Monroe Auditor and Recorder M. Golden District Attorney Claude F. Purkitt Assessor ; W. H. Markham Superintendent of Schools S. M. Chaney Coroner and Public Administrator Joseph M. Reidy Surveyor . Luther C. Stiles Superior Judge William M. Finch Supervisors. Meetings first Monday of each month. Law and motion day, every Monday. H. D. Wylie, Fifth District, Butte City, Chairman. P. O. Elbe, First District, Glenn. J. S. Sale, Third District, Winslow. David Brown, Second District, Orland. Seth W. Stanton, Fourth District, Nor- man. Town Recorder. L. P. Farnham, Willows. 78 1234 HUMBOLDT COUNTY. Fifteenth class. County seat, Eureka. Area, 3,507 square miles. Office. Name of Officer. County Clerk Geo. W. Cousins Sheriff R. A. Redmond Tax Collector J. M. Mellendy Treasurer j. E. Hodgson Eecorder .• T. W. Richmond Auditor T. K. Carr District Attorney Kenneth Newett, Jr. Assessor E.N. Tooby Superintendent of Schools George Underwood Coroner and Public Administrator .H. A. Hansen Surveyor Geo. W. Conners Superior Judge George D. Murray jrior Judge Clifton H. Connick Supervisors. Regular meetings, second Monday of each month. Geo. W. Williams, Second District, Fortuna, Chairman. George Hindley, First District, Fern- E. J. Frost, Fourth District, Eureka. dale. Rasmus Anderson, Fifth District, Ar- Daniel A. Baldwin, Third District, Blue cata. Lake. IMPERIAL COUNTY. Thirty-sixth class. County seat. El Centro. Area, 4,316 square miles. Office. Name of Officer. County Clerk Major S. Cook Sheriff Mobley Meadows Tax Collector J. V. Wachtel Treasurer J. S. Brown Auditor W. D. Garey Recorder John Norton Assessor .Wiley M. Weaver District Attorney P. D. Swing Superintendent of Schools L. E. Cooley Coroner F. W. Peterson Public Administrator . G. S. Helms Surveyor C. N. Perry Superior Judge Franklin J. Cole Court Commissioner F. G. Havens Supervisors. Meetings, first Monday in each month. John J. Carr, Chairman, Imperial, Cal. John E. Boyce, First District, Calexico. , Third District. Arthur Shepard, Second District, El W. F. Beal, Fourth District, Brawley, Centro. Cal. Ed E. Boyd, Holtville. Recorders. T. N. Blaise, Brawley. A. R. MacDonald, Holtville. C. W. Brown, Imperial City. R. L. Glasby, Calexico. I. Mavfield, El Centro. i COUNTY OFFICIALS. 1235 INYO COUNTY. Forty- seventh class. County seat, Independence. Area, 10,224 square miles. Office. Name of Officer. County Clerk, Auditor and Kecorder W. L. Hunter Sheriff V.'.V.c' a'. Collins Tax Collector C. I. Mac Farlane Treasurer A. P. Mairs District Attorney Frank C. Scherrer Assessor W. W. Yandell Superintendent of Schools , Mrs. M, A. Clarke Coroner and Public Administrator H. H. Robinson Surveyor B. E. Sherwin Superior Judge Wm. D. Dehy Supervisors. E. W. Thomas, Chairman, Third District. N. J. Cooley, First District. John Lubkin, Fourth District. W. R. Ford, Second District. Silas H. Reynolds, Fifth District. KERN COUNTY. Eleventh class. County seat, Bakersfield. Area, 8,159 square miles. Office. Name of Officer. County Clerk I. L. Miller Sheriff T. A. Baker Tax Collector Charles E. Day Treasurer Jeremiah Shields Recorder Charles A. Lee Auditor S. A. Woody District Attorney Rowen Irwin Assessor J. M. Jameson Superintendent of Schools Robert L. Stockton Coroner and Public Administrator W. A. McGinn Surveyor M. W. Bufl&ngton Superior Judge Jackson W. Mahon Superior Judge Milton T. Farmer Superior Judge Howard A, Peairs Court Commissioner T. F. Allen Supervisors. Meetings, first Monday of each month. H. A. Jastro, Chairman, Bakersfield. Chas. F. Bennett, First District, Cali- J. O. Hart, Third District, Bakersfield. ente. J. M, Bush, Fourth District, Bakers- L. F. Brit, Second District, Tehachapi. field, R. F. D. No. 2. KINGS COUNTY. Thirty-second class. County seat, Hanford. Area, 1,375 square miles. Office. Name of Officer. County Clerk Francis Cunningham Sheriff ;;-^ ?^ ^JI'"^'" Tax Collector M- B. Washburn Treasurer J^'V' f""^*™ Recorder J- ^- ^S^™»° Auditor • • V^u^V ^* District Attorney J- ^- ^' ^^^^^ 1236 Assessor G. W. Murray- Superintendent of Schools Nannie E. Davidson Coroner and Public Administrator J. C. Rice Surveyor A.J. Nielsen Superior Judge M. L. Short Court Commissioner Robt. W. Miller Supervisors. Regular meetings, first Monday in each month. J. E. Hall, Chairman, Hanford. Frank Blakeley, Lemoore. W. T. Vaughan, Hanford. J. M. McClellan, Hanford. A. F. Smith, Hanford. City Recorders. A. M. Ashley, Hanford Edward Erlanger, Lemoore. LAKE COUNTY. Fiftieth class. County seat, Lakeport. Area, 1,332 square miles. Office. Name of Officer. County Clerk Shaf ter Mathews Sheriff Lyon Eraser Tax Collector F. R. Farrier Treasurer P. T. Boone Recorder J. W. Beck Auditor B. J. Turner District Attorney C. M. Crawford Assessor Fred H. Merritt Superintendent of Schools Hettie Irwin Coroner and Public Administrator Mark Mathews Surveyor D. F. Mclntire Superior Judge M. S. Sayre Supervisors. Meetings, first Monday in each month. Thomas Patten, Chairman, Fourth District, Lakeport. T. A. Read, First District, Middletown. C. W. Phillips, Third District, Upper J. M. Adamson, Second District, Lower Lake. Lake. J. S. Kelsay, Fifth District, Kelseyville. LASSEN COUNTY. Fifty-second class. County seat, Susanville. Area, 4,750 square miles. Office. Name of Officer. County Clerk Geo. E. Bassett Sheriff A. C. Hunsinger Treasurer and Tax Collector W. W. Sharp Auditor and Recorder G. B. Bailey District Attorney G. P. Johnson Assessor N. V. Wemple Superintendent of Schools W. B. Philliber Coroner and Public Administrator A. K. Philbrook Surveyor Thad McKay Superior Judge H. D. Burroughs Court Commissioner Geo. N. McDow COUNTY OFFICIALS. 1237 SUPERVISOES. Sessions, first Monday in January, March, May, July; third Monday in September, and second Monday in November. George B. Leavitt, Chairman, Second District, Clinton. Geo. K McDow, First District, Susan- H. E. Wood, Fourth District, Bieber. ville. W. C. Brockman, Fifth District, Brock- J. H. McClelland, Third District, man. Standish. LOS ANGELES COUNTY. First class. County seat, Los Angeles. Area, 4,000 square miles. Office. Nj^me of Officer. County Clerk Harry J. Lelande Sheriff Wm. A. Hammel Tax Collector W. O. Welch Treasurer John N. Hunt Recorder Charles L. Logan Auditor Walter A. Lewis District Attorney J. D. Fredericks Assessor Ed. W. Hopkins Superintendent of Schools Mark Keppel Coroner Calvin Hartwell Public Administrator Frank Bryson Surveyor Ivory B. Noble Fish and Game Warden Ben W. Powers Superior Judge Frank G. Finlayson Superior Judge James C. Rives Superior Judge Frederick W, Houser Superior Judge Charles Wellborn Superior Judge Nathaniel P. Conrey Superior Judge Charles Monroe Superior Judge John W. Shenk Superior Judge Lewis R. Works Superior Judge Grant Jackson Superior Judge Willis W. Meyers Superior Judge Fred H. Taft Supervisors. Meetings, first Monday each week. R. W. Pridham, Chairman, 350 El Centro, South Pasadena. C. D. Manning, 1819 E. Colorado, Pasa- S, A, Butler, 601 Coronado street, Los flera. Angeles. R. H. Horton, 335 W. Twenty-seventh W. E. Hinshaw, 331 Seaside boulevard, street, Los Angeles. Long Beach. MADERA COUNTY. Forty-second class. County seat, Madera. Area, 2,140 square miles. Office. Name of Officer, County Clerk W. R. Curtain Sheriff S. W. Westfall Tax Collector C. F. Preciado Treasurer N. L. Borden Recorder W. A. Smith Auditor A. S. Honeycutt District Attorney W. H. Larew Assessor C. F. Bonner Superintendent of Schools Craig Cunningham Coroner and Public Administrator '. R. C. Jay Surveyor F. E. Smith Superior Judge W. M. Conley Court Commissioner R. E. Rhodes 1238 hillyer's legal manual. Supervisors. Meetings, first Monday in each month, except September, which is the third Monday. W. A. Ellis, O'Neals, Chairman. F. D. Brown, Minturn. J. P. Galeener, Madera. C. A. Clark, Madera. E. L. Wood, Raymond. MARIN COUNTY. Twenty-second class. County seat, San Rafael. Area, 516 square miles. Office. Name of Officer. County Clerk Robert E. Graham Sheriff J. J. Keating Recorder F. S. Holland Auditor E. J. Connell Treasurer T. J. Fallon Tax Collector J. A. Saunders Assessor P. H. Cochrane District Attorney Thomas P. Boyd Superintendent of Schools J. B. Davidson Coroner and Public Administrator F. E. Sawyer Surveyor ; George L. Richardson Superior Judge Edgar T. Zook Supervisors. Board meets the first Monday of each month. G. Pacheco, Chairman, Fifth District, Ignacio P. O. M. J. Pedrotti, First District, San C. J. Gardner, Third District, Mill Val- Rafael. ley. M. Burke, Second District, San Rafael. Henry Goudy, Fourth District, Tomales. MARIPOSA COUNTY. Fifty-fourth class. County seat, Mariposa. Area, 1,580 square miles. Office. Name of Officer. County Clerk W. E. Gallison Sheriff Robert A. Prouty Tax Collector D. E. Bertken Treasurer S. P. O. Counts Recorder and Auditor J. W. Pratt District Attorney R. B. Stolder Assessor F. A. Bondshu Superintendent of Schools John L. Dexter Coroner and Public Administrator D. E. Johnson Surveyor S. J. Harris Superior Judge J. J. Trabucco Supervisors. Regular meetings of board, first Monday in January, February, March, April, May, June, July, October; second Monday of November and December; third Monday of September. C. I. Mentzer, Coulterville, Chairman. T. M. Farnsworth, Mariposa. H. W. Cornett, Cathay. J. W. Collins, Hornitos. C. L. Bothe, Mariposa. COUNTY OFFICIALS. 1239 MENDOCINO COUNTY. Twenty-fourth class. County seat Ukiah. Area 3,400 square miles. Office. Name of Officer. County Clerk Hale McCowen Sheriff E. R. Byrnes Tax Collector W. S. Van Dyke Treasurer G. A. Johnson Recorder E. E. Holbrook Auditor Jennie J. Mathews District Attorney R. Duncan Assessor W. H. Gibson Superintendent of Schools L. W. Babcock Coroner and Public Administrator John Taylor Surveyor D. G. Redwine Superior Judge J. Q. White Court Commissioner J. C. Ruddock Supervisors. A. J. Fairbanks, Willits, Chairman. W. H. Ross, Fort Bragg. J. W. Harris, Hopland. F. W. Reynolds, Point Arena. E. M. Ford, Ukiah. MERCED COUNTY. Thirty-third class. County seat, Merced. Area, 1,750 square miles. Office. Name of Officer. County Clerk P. J- Thornton Sheriff S. C. Cornell Tax Collector W. H. Wegner Treasurer (>• W. Kibby Recorder C. B. Harrell Auditor I^. R- JoJ^!?^ District Attorney ^^ ». Shaffer Assessor ^- ^- Plough Superintendent' of Schools Margaret Sheehy Coroner and Public Administrator G- E. Nordgren Surveyor -A- E. Cowell Superior Judge E. K Rector Supervisors. Regular meetings of the Board of Supervisors, first Monday after the first day of January; first Monday of February, March, April, May, June, July, August; third Monday of September; first Monday after first Tuesday of November, and first Monday of December. T. H. Scandrett, Merged, Chairman. D. K. Thornton, Planada. H. G. Peck, Atwater. G. H. Whitworth, Newman. C. S. Cothran, Los Banos. MODOC COUNTY. Forty-ninth class. County seat, Alturas. Area, 4,097 square miles. ^^^^^^^0^^^^ ^ ,^^T\ r's. Smith County Clerk ^ ^ ^^^^^ Sheriff. • • • • • ^ L. Sloss Tax Collector g ^ Pepperdine Treasurer... r^ h. Ballard Recorder and Auditor 1240 hillyer's legal manual. District Attorney C. S. Baldwin Assessor D. E. Mulkey Superintendent of Schools Nettie B. Harris Coroner and Public Administrator .Thomas Frawley Surveyor Henry S. Hawkins Superior Judge Clarence A. Raker Supervisors. Meetings of the Board, first Monday in January, third Monday in February, first Monday in April, third Monday in May, first Monday in July, third Monday in August, first Monday in October, third Monday in November. J. B. Estes, Fourth District, Alturas, Chairman. Ira S. Cannon, Fifth District, Alin. Jesse Parman, Second District, Eagle- ville. John Wall, First District, Fort Bidwell. S. W. Miller, Third District, Willow Ranch. MONO COUNTY. Fifty-seventh class. County seat, Bridgeport. Area, 2,796 square miles. Office. Name of Officer. County Clerk, Auditor and Recorder Geo. Delury Sheriff J. P. Dolan Tax Collector ' James Glenn Treasurer J. W. Towle District Attorney P. R. Parker Assessor James Borland Superintendent of Schools Cordelia E. Hays Coroner and Public Administrator John J, Welch Surveyor Joseph Markert Superior Judge J. D. Murphey Supervisors. Meetings held first Monday of January, April, July, and third Monday in Sep- tember of each year. J. M. Donohue, Bodie, Chairman. M. P. Hayes, Bridgeport. Frank Pellissier, Benton. J. P. Hammond, Mono Lake. C. W. Rickey, Topaz. MONTEREY COUNTY. Twenty-third class. County seat, Salinas. Area, 3,450 square miles. Office. Name of Officer. County Clerk T. P. Joy Sheriff W. J. Nesbitt Tax Collector J. E. Hunter Treasurer James Taylor Recorder P. W. Soto Auditor Allen McLean District Attorney F. W. Sargent Assessor .W. J. Smith Superintendent of Schools A. J. Hennessy Coroner and Public Administrator J. A. Pell Surveyor Lou G. Hare Superior Judge B. V. Sargent COUNTY OFFICIALS. 1241 Supervisors. Regular meetings, first Monday in every month. Wm. Casey, Fourtli District, San Lucas, Chairman. J. L. Mann, First District, Watsonville. D. P. Talbott, Third District, King City. H. E. Abbott, Second District, Salinas. J. L. D. Roberts, Fifth District, Seaside. Police Judge. David Wallace, of Salinas City. NAPA COUNTY. Twenty-sixth class. County seat, Napa. Area, 800 square miles. Office. Name of Officer. County Clerk N. W. Collins Sheriff E. A. Kelton Tax Collector F. G. Easterby Treasurer W. A. Trubody Recorder and Auditor H. L. Gunn District Attorney Nathan F. Coombs Assessor ; Robert Corlett Superintendent of Schools Margaret M. Melvin Coroner and Public Administrator Walter S. Brownlee Surveyor O. H. Buckman Superior Judge Henry C. Gesf ord Court Commissioner Charles E. Trower Official Court Reporter H. B. Whitton Supervisors. Regular meeting of Board second Monday in each month. B. Bruck, St. Helena, Chairman. C. H. Wassum, Monticello. S. J. Webber, Yountville. W. F. Alexander, Napa. Jasper Partrick, Napa. NEVADA COUNTY. Thirty-fourth class. County seat, Nevada City. Area, 982 square miles. Office. Name of Officer. County Clerk and Auditor George Cougelan Sheriff H. R. Walker Tax Collector and Treasurer Thomas F. Hogan Recorder S. J. Clark District Attorney F. L. Abrogast Assessor H. C. Schroeder Superintendent of Schools R. J- Fitzgerald Coroner ^- ^^^^ Public Administrator Frank Kendrick Surveyor F. M. Miller Superior Judge" George L. Jones Supervisors. The Board of Supervisors meet on the first Monday of January, April, July and October. C. J. Miller, Second District, Grass Valley, Chairman. R. A. Eddy, First District, Nevada W. H. Davey, Fourth District, Rough Township, Nevada City. and Ready and Bridgeport Town- P. H. Brophy, Third District, Washing- ships, Smartsville. ton, Eureka and Bloomfield Town- John Fay, Fifth District, Meadow liake ships. North Columbia. and Little York Townships, Truckee. 1242 HILLYER^S LEGAL MANUAL. ORANGE COUNTY. Fourteenth class. County seat, Santa Ana. Area, 780 square miles. Office. Name of Officer. County Clerk W. B. Williams Sheriff C. E. Ruddock Tax Collector J. C, Lamb Treasurer J. C. Joplin Recorder George E. Peters Auditor Cal D. Lester District Attorney L. A. West Assessor James Sleeper Superintendent of Schools R. P. Mitchell Coroner and Public Administrator T. A. Winbigler Surveyor J. L. McBride Superior Judge Z. B. West Superior Judge W. H. Thomas Court Commissioner C. A. Kingston Supervisors. Supervisors' meeting, first Tuesday in each month. T. B. Talbert, Huntington Beach, Chairman. William Schumacher, Buena Park. H. E. Smith, Santa Ana. Fred W. Struck, Orange. Jasper Leek, Tustin. PLACER COUNTY. Thirty-first class. County seat. Auburn. Area, 1,484 square miles. i Office. Name of Officer. Assessor Charles Keena Auditor O. F. Seavey Coroner J. B. Bisbee County Clerk Marshall Z. Lowell District Attorney Geo. W. Hamilton Public Administrator J. G. Bisbee Recorder Ivan H. Parker Sheriff George McAulay Superintendent of Schools P. W. Smith Superior Judge J. E. Prewett Surveyor L. R. Warner Tax Collector Chas. Keena Treasurer George C. West Court Commissioner B. F. Gwynn Supervisors. Board of Supervisors meets first Monday, and Tuesday following, each month. Wm. Haman, First District, Roseville, Chairman. James J. Brennan, Second District, C. A. Geisendorfer, Fourth District, Loomis. Weimar. George P. Collins, Third District, C. D. McKinley, Fifth District, Forest Auburn. Hill. COUNTY 0FFICIA1.S. 1243 PLUMAS COUNTY. Fifty-first class. County seat, Quincy. Area, 2,361 square miles. Office. Name of Officer. County Clerk and Auditor H. P. McBeth Sheriff D. J. Robertson Tax Collector L. P. Mori Treasurer J. F. Spooner Recorder Leon L. Clough District Attorney M. C. Kerr Assessor P. A. Young Superintendent of Schools Mrs. M. A. Hail Coroner and Public Administrator John Donnenwirth Surveyor B. F. Barbee Superior Judge J. O. Moncur Supervisors. Regular meetings, first Monday, January, March, May, July, September, Novem- ber. H. G. DoTsch, Fourth District, Quincy, Chairman. Charles W. Hendel, Fifth District, H. J. Treleaven, Second District, Green- La Porte. ville. David Ramelli, First District, Portola. H. G. Porter, Third District, Twain. RIVERSIDE COUNTY. Thirteenth class. County seat, Riverside. Area, 7,008 square miles. Office. Name of Officer. County Clerk Arthur B. Pilch Sheriff Frank P. Wilson Tax Collector C R. Stibbens Treasurer D. G. Mitchell Recorder Isaac S. Logan Auditor George H. Brown District Attorney '. . - .Lyman Evans Assessor W. F. Montague Superintendent of Schools Raymond Cree Coroner C. S. Dickson Public Administrator William Polkinghorn Surveyor George M. Pearson Superior Judge Frank E. Densmore Supervisors. Regular meetings held first Wednesday after first Monday of each month. Karl S. Carlton, Riverside, Chairman. John Shaver, San Jacinta. J. T. Hammer, Corona. Thomas S. Flaherty, Riverside. J. A. Crane, Elsmore. Police Judges. George A. French, Riverside. Frank A. Beatty, City Recorder, Perris. O. P Hull, Corona. C P. Carter, City Recorder, Elsmore. J. F. Jones, Hemet. Wm. H. Gray, City Recorder, San W. A. Sewell, Beaumont. Jacinto. 1244 hillyer's legal manual. sacramento county. ilSixth class. County seat, Sacramento. Area, 988 square miles. Office. Name of Officer. County Clerk E. F. Pfund Sheriff Dave Ahern License and Tax Collector Chas. E. Trainor Treasurer W. K. Beard Eecorder C. A. Eoot Auditor L. P. Williams District Attorney Eugene S. Wachhorst Assessor Ed J. Kay Superintendent of Schools Minnie E. O'Neil Coroner William P. Gormley Public Administrator H. W. Leonard Surveyor Frank C. Miller Superior Judge J. W. Hughes Superior Judge Peter J. Shields Superior Judge C. N. Post Court Commissioner Jos. E. Pipher Supervisors. Board meets on the first Monday of each month, remains in session at least three days, and meets thereafter during the month as often as business requires. J. P. Kelley, 1106 E street. Sacra- J. A. Eussi, Folsom. mento. Thos. Jenkins, Florin. E. E. Callahan, 1914 Eighth street, C. E. Mahoney, 1613 Twenty-sixth Sacramento. street, Sacramento. Police Judge. Thomas H. Christiansen, Police Court, Sacramento, California. SAN BENITO COUNTY. Forty-third class. County seat, Hollister. Area, 1,476 square miles. Office. Name of Officer. County Clerk, Auditor, and Eecorder Elmer Dowdy Sheriff and Tax Collector J. J. Croxon Treasurer John Welch District Attorney Geo. W. Jean Assessor Geo. W. McConnell Superintendent of Schools W. J. Cagney Coroner and Public Administrator W. W. Black Surveyor A. M. McCray Superior Judge M. T. Dooling Supervisors. Meetings held first Monday of each month. J. F. Etcheverry, Fourth District, Tres Pinos, Chairman. T. H. French, First District, Hollister. G. A. Eenz, Third District, Hollister. W. S. Prescott, Second District, San A. T. Hain, Fifth District, Cook P. O. Juan Bautista. COUNTY OFFICIALS. 1245 SAN BERNARDINO COUNTY. Eighth class. County seat, San Bernardino. Area, 20,055 square miles. ^^<'«- Name of Officer. County Clerk Charles Post Auditor C. D. Van Wie Eecorder H. L. Allison Sheriff J. C. Ralphs Tax Collector L. A. Desmond Treasurer H. D. Sibley District Attorney r. B. Goodcell Assessor Frank P. Meserve Superintendent of Schools A. S. McPherron Coroner E. p. Fuller Public Administrator : H. D. Blakeslee Surveyor J. S. Bright, Jr. Superior Judge Frank F. Oster Superior Judge Benjamin F. Bledsoe Supervisors. Board meets in regular session each Monday in the month. Samuel Pine, Fourth District, Chino, Chairman. George E. Butler, First District, J. B. Glover, Third District, Redlands. Needles. S. V. Horton, Fifth District, Redlands, J. S. Jones, Second District, Etiwanda. R. F. D, No. 1. SAN DIEGO COUNTY. Seventh class. County seat, San Diego. Area, 4,207 square miles. Office. Name of Officer. County Clerk J. T. Butler Sheriff Fred M. Jenniiigs Tax Collector A. F. Cornell Treasurer John F. Schwartz Recorder John H. Ferry Auditor C. R. Hammond District Attorney H. S. Utley Assessor M. M. Moulton Superintendent of Schools Hugh J. Baldwin Coroner S. W. Bell Public Administrator P. J. Layne Surveyor George Butler Superior Judge W. R. Guy Superior Judge T. L. Lewis Superior Judge W. A. Sloane Superior Judge C. N. Andrews Supervisors. Meetings held first Monday in each month. Law and motion day, every Friday. G. F. Westfall, Fifth District, Fallbrook, Chairman. J P. Smith, First District, 3356 A Joseph Foster, Third District, Foster. street San Diego. T. J. Fisher, Fourth District, 840 Chas. H. Swallow, Second District, 795 Twelfth street, San Diego. Logan avenue, San Diego. 1246 hillyer's legal manual. SAN FRANCISCO (CITY AND COUNTY). First class. Area, 43 square miles. Executive Department. V Mayor. (Elected for term of four years.) Office in Temporary City Hall, Market street, above Eighth. Term of incumbent ends January, 1916. James Rolph, Jr., Mayor $6,000 Edward Eainey, Secretary 2^000 Auditor. Office in City Hall, McAllister street, opposite Hyde. (Elected for term of 4 years.) Term of incumbent ends January, 1916. Thomas F. Boyle $4,000 Deputy Auditor, John J. Boyle 2,400 Treasurer. Office, City Hall. Term ends January, 1914. John E. McDougald $4,000 Assessor. Temporary City Hall, Market street, near Eighth. Term expires January, 1916. John Ginty $8,000 Tax Collector. Office, Temporary City Hall, Market street, near Eighth. Term expires January, 1916. Edward E. Bryant $4,000 Coroner. • Office, 363 Fell street. Term expires January, 1916. T. B. W. Leland $4,000 Eecorder. Office, Hall of Eecords. Term expires January, 1914. Edmond Godchaux $4,000- Legislative Department. Board of Supervisors. Office, Temporary City Hall, Market street, near Eighth. President of Board James Rolph, Jr., Mayor. Regular Meeting Every Monday at 2 o'clock at City Hall, 1231 Market St. John S. Dunnigan, Clerk, City Hall, John W. Rogers, Chief Assistant. 1231 Market St.; Room 222. members. Paul Bancroft, 731 Market St. Charles A. Nelson, 1590 Underwood Cornelius J. Deasy, 287 Fair Oaks St. ^,^^^\ ^ ^r , r.-. tt n -.ooi at . -. T /^ m t, -.o-n AT •. Edward L. Nolan, City Hall, 1231 Mar- Andrew J. Gallagher, 13 v 9 Masonic -^^^ g^ j j } Ave. Henry Payot, 968 Ellis St. J. Emmet Hayden, 34 Market St. James E. Power, 2361 Bryant St. Fred L. Hilmer, 129 Davis St. Fred Suhr, Jr., 2919 Mission St. Oscar Hocks, 558 Guerrero St. Alexander T. Vogelsang, 14 Moutgom- Thomas Jennings, 440 Bryant St. ery St. William H. M.cCarthy, 156 Second St. John 0. Walsh, 117 Fair Oaks St. Ralph McLeran, 113 Clayton St. Successor to Geo. E. Gallagher, not Charles A. Murdock, 68 Fremont St. .appointed. COUNTY OFFICIALS. 1247 STANDING COMMITTEES. Electricity — Suhr, McCarthy, . Public Health — Walsh, , Murdock. Meets at call of chairman. Meets Wednesday at 10:30 A. M. Expositions— , McCarthy, Jen- p,,^y,^ Utilities — Vogelsang, Hilmer, nmgs, Vogelsang, Power. Bancroft, Hayden, Gallagher. Meets Finance — Jennings, McCarthy, Payot. Wednesday 2PM Meets Friday at 2:30 P. M. ^ , i- „, ,/' * ; „ ^ Fire-McLeran, Nelson, Deasy. Meets ^^^'' i^'J^^5f-;;^Y"^' "^^^^'o^''^^",' Thursday at 2 P. M. ifi?"^^'^', ^^allagher. Meets 2d and Judiciary -Nelson, McLeran, Vogel- 4th Tuesday at 3 P. M. sang. Meets at call of chairman. Publicity and Interurban Relations — Lands and Tunnels— Deasy, , Galla- Hayden, Hocks, Walsh. Meets at call gher. Meets Friday at 2 P. M. of chairman. Lighting and Rates — Nolan, Nelson, Streets and Sewers — McCarthy, Ban- Payot. Meets 2d and 4th Tuesday at croft, Suhr. Meets Thursday at 2 10 A. M. P. M. Police — Hocks, Hilmer, Nolan. Meets Supplies — Hilmer, Murdock, Hayden. Friday at 3:30 P. M. Meets Thursday at 3 P. M. Public Buildings — Bancroft, Payot, Mc- Telephones and Rates — Power, Hilmer, Leran. Meets Tuesday at 2 P. M. Hocks. Meets at call of chairman. Public Efficiency and Civil Service — Water Service and Rates — Gallagher, Murdock, Suhr, Walsh. Meets 1st Power, Deasy. Meets at call of and 3d Tuesday at 3 P. M. chairman. Judicial Department. Superior Court. Each Department has a Bailiff. DEPARTMENT NUMBER ONE. Temporary City Hall. Judge J- M, Seawell. (Term expires January, 1917.) Clerk Milton Hayes. Reporter A. L. Coombs. DEPARTMENT NUMBER TWO. Temporary City Hall. Judge F. J. Murasky. (Term expires January, 1917.) Clerk H. J. Jackson. Reporter J.L.Holland. DEPARTMENT NUMBER THREE. Temporary City Hall. Judge James M. Troutt. (Term expires January, 1917.) Clerk P. W. Lannon. Reporter G. W. Smith. DEPARTMENT NUMBER FOUR. Temporary City Hall. Judge John J. Van Nostrand. (Term expires January, 1915.) Clerk Eugene Levy. Reporter Frank L. Hart. DEPARTMENT NUMBER FIVE. Temporary City Hall. Judge John Hunt. (Term expires January, 1915.) Clerk David Creamer. Reporter W. H. Girvin. 1248 hillyer's legal manual. DEPARTMENT NUMBER SIX. Hall of Justice. Judge Frank H. Dunne. (Term expires January, 1915.) Clerk Frank Butler. Eeporter Luke Kavanaugh. DEPARTMENT NUMBER SEVEN. Temporary City Hall. Judge E. P. Mogan. (Term expires January, 1913.) Clerk Joseph Goddard. Reporter J. B. Olsen. DEPARTMENT NUMBER EIGHT. Temporary City Hall. Judge George A. Sturtevant. (Term expires January, 1915.) Clerk J. F. Mooney. Reporter Ernest J. Mott. DEPARTMENT NUMBER NINE. Temporary City Hall. Judge J. V. Coffey. (Term expires January, 1913.) Clerk Eugene F. Lacy. Reporter DEPARTMENT NUMBER TEN. Temporary City Hall. Judge Thomas F. Graham. (Term expires January, 1913.) Clerk Wm. H. McNulty. Reporter Roy Gallagher. DEPARTMENT NUMBER ELEVEN. Hall of Justice. Judge William P. Lawlor. (Term expires January, 1913.) Clerk J. J. Groom. Reporter Piatt B. Elderkin. DEPARTMENT NUMBER TWELVE. Hall of Justice. Judge George H. Cabaniss. (Term expires January, 1917.) Clerk J. H. Stevens. Reporter Angelo Byrne. DEPARTMENT NUMBER THIRTEEN. Temporary City Hall. Judge Franklin A. Griffin. Clerk Thos. R. Manning. Reporter Wm. H. Mead. DEPARTMENT NUMBER FOURTEEN. Temporary City Hall. Judge George E. Crothers. Clerk F. B. Lorigan. Reporter W. G. Smith. DEPARTMENT NUMBER FIFTEEN. Temporary City Hall. Judge Marcel E. Cerf. Clerk M. P. Burton. Reporter John F. Gallagher. COUNTY OFFICIALS. 1249 DEPARTMENT NUMBER SIXTEEN, Temporary City Hall. Judge Adolnhus E. Graupmer. Clerk M. Kragen. Keporter Stephen Potter. Secretary of Superior Courts, Thomas S. Mulvey. Clerks are appointed by the County Clerk, Bailiffs by the Sheriff, and Reporter by the Judge. Court Commissioners. Appointed by Judges of the Superior Court. Murray F. Vandall, J. H. Joachimsen, Frank W. Lawler, J. F. Tyler, Geo. D. Perry and Charles Samuels. Lunacy Commission. Approved by Judges of Superior Court. Doctors D. D. Lustig, Chas. C. Wadsworth, C, D. McGettigan, Theo. Rethers. Telephone Operator, Sara McKenna. Interpreters. Approved by Judges of Superior Court. B. M. Aguirre, A. Glover, J. A. Becsey, C. H. Gaffney, F. Demartini, L. Locke, V. Demartini, Robert Park. Justices' Courts. Temporary City Hall, 1231 Market street. Terms of incumbents end January, 1915. James G. Conlon, Room 431; Bernard J. Flood, Room 421; A. B. Treadwell, Presiding Judge, Room 417; A. T. Barnett, Room 418; and Charles E. A. Creighton, Room 423. Robert W. Dennis, Room 423, Clerk. Police Courts. Hall of Justice. Kearny and Washington streets. department number one. Pept. 1 — Judge Wiley F. Crist. (Term expires January, 1916.) department number two. Pept. 2 — Judge John J. Sullivan. (Term expires January, 1914.) department number three. jj^, 3— Judge Edward P. Shortall. (Term expires January, 1914.) department number four. Dept. 4 — Judge.. Daniel C. Deasy. (Term expires January, 1916.) Bailiffs are Police Officers. Legal Department. City Attorney. Percy V. Long Office, Temporary City Hall. (Term expires January, 1914.) District Attorney. Charles M. Fickert Office, Hall of Justice. (Term expires January, 1916.) Public Administrator. M. J. Hynes Office, 853 Phelan Building. (Term expires January, 1914.) County Clerk. H. I. Mulcrevy Office, Temporary City Hall. (Term expires January, 1916.) Sheriff. Frederick Eggers, Office, McAllister street and City Hall avenue. (Term expires January, 1916.) 7& 1250 Department of Public Works. Office, Temporary City Hall, Market street, near Eighth. Appointed by the Mayor. Timothy A. Reardon, President; Daniel G. Fraser, Adolf Judell. Frederick J. Churchill, Secretary. Public Library or Reading-room. Trustees of Library: Eustace CuUinan, President. Charles H. Bentley. Washington Dodge. ^- ^- Hale. James D. Phelan. f ^\^^f,^^'^^- Joseph O Connor. John H. Wise. Edward R. Taylor. James Rolph, Jr., Mayor, ex officio. Max C. Sloss. William R. Watson, Librarian. George A. Mullin, Secretary. Main Library, Hayes and Franklin streets. Branch Libraries: No. 1, 1207 Valencia street Miss N. A. Casey, Librarian No. 2, Sixteenth, near Market Miss M. Carson, Librarian No. 3, 1457 Powell street Miss M. Wordman, Librarian No. 4, 254 Fourth avenue Miss S. D. Morgan, Librarian No. 5, Page street, near Cole. ..Miss B. A, Goldman, Librarian No. 6, 2435 Sacramento street. .Miss M. L. Witcher, Librarian Parks and Commission. All Parks and Squares in the city and county. William M. Metson, President of Com- Sigmund Greenebaum, Commissioner. mission. A. B. Spreckels, Commissioner. Curtis H. Lindley, Commissioner. Superintendent of Parks, John Mc- Earl M. Cummings, Commissioner. Laren. Playground Commission. Southwest corner of Pine and Larkin streets. Rev. D. O. Crowley, President; John McLaren, Marshal Hale, J. C. Kirtick, Geo. E. Gallagher, Mrs. M. S. Hayward, Miss Agnes G. Regan. Board of Censorship. Room 638, City Hall. E. M. Hecht, President, Kohl Bldg. Mary Ashe Miller, 1595 Clay St. J. S. Webster, 125 Sutter St. W. P. Wobber, 1325 Sixth Ave. Peter Peshon, Police Department. Department of Public Health. General Office, 1085 Mission street near Seventh. Board of Health. — Arthur H. Barendt, President; Gaiy E. Manning, A. P. O'Brien, Lawrence Arnstein, Geo. B. Somers, Arthur M. Sharp, Frank J. Klimm. R. G. Broderick, Health Officer; William C. Hassler, Chief Sanitary Inspector. Department of Elections. City Hall, McAllister street, opposite Hyde. William McDevitt, President; Thomas V. Cator, J. K. Prior, Jr., John Hermann, C. J. Collins. J. H. Zemansky, Registrar of Voters and Secretary. Police Department. Hall of Justice, Kearny and Washington streets. Max J. Kuhl, President; Theo J. Roche, Jesse B. Cook, Thomas E. Shumate. D. A. White, Chief of Police; Charles F. Skelly, Secretary. COUNTY OFFICIALS. 1251 Fire Department. Temporary City Hall, Market street, near Eighth. Commissioners: A. J. Martin, President; James E. Dillon, Wm. H, Hammer Henry V. Brandenstein. Frank Kennedy, Secretary. ' Juvenile Court. Frank J. Murasky, Judge, 2344 Sutter street. Probation Committee. — Mrs. Edward L. Baldwin, Rev. D. O. Crowley Miss McKinstry, J. W. Lillienthal, James R. Pringle, R. E. Queen. ' ' J. C. Astredo, Secretary and Chief Probation Officer. Board of Education. City Hall, 1231 Market St. Regular meeting day, Tuesday 2 P. M. Regular meetings as a High School Board held on last Wednesday of each month. George E. Gallagher, President, 148 Alfred Roncovieri, Superintendent of Kearny St. Schools (ex officio, without right to A. A. D'Ancona, 739 Shrader St. vote), residence 2454 Vallejo St. Miss Sallie J. Jones, Arthur Apart- M. R. Norris, Acting Secretary, 1515 ments. Post and Jones Sts. Lake St. Mrs. Mary W. Kincaid, 2901 Pacific Ave. Civil Service Commissioners. Meet Monday, at 7:30 P. M., City Hall, 1231 Market St., Room 340. Matthew Brady, President, Mills Bldg. B. B. Rosenthal, 1522 Webster St. E. A. Walcott, Commonwealth Club, 153 James J. Maher, Chief Examiner and Kearny St. Secretary, 1007 Castro St. Sealer of Weights and Measures. Lawrence J. Dolan, Sealer Room 315, City Hall, 1231 Market St. San Francisco Municipal Band. John A. Keogh, Director Room 401, City Hall Public Pound. Office and Pound, Sixteenth and Alabama Sts. Matthew McCurrie Secretary SAN JOAQUIN COUNTY. Ninth class. County seat, Stockton. Area, 1,370 square miles. Office. Name of Officer. County Clerk Eugene D. Graham Sheriff W. H. Reicks Tax Collector and Treasurer W. C. Neumiller Recorder and Auditor ^^'x, o^Y/ District Attorney • •• • -^^ ^\J ®^" Assessor John W. Moore Superintendent of Schools John A. Anderson Coroner xt m \r n Public Administrator ''• J" I^'qS n^rj^dge-;;:::::;:::::::::-^ Superior Judge [' b. W. Norton Superior Judge 1252 hillyer's legal manual. Supervisors. Meetings of Supervisors, first Monday and Tuesday of each month. E. E. Tretheway, Stockton, Chairman. A. H. Wright, Stockton. C. L. Newton, Woodbridge. Geo. M. French, Stockton. Martin Ansbro, Banta. SAN LUIS OBISPO COUNTY. Twenty-seventh class. County seat, San Luis Obispo. Area, 3,500 square miles. ^^«6- Name of Officer. County Clerk P. j. Eodrigues Sheriff C. A. Younglove Tax Collector Eichard Leland Treasurer john Kelshaw Recorder D. F. Mahoney Auditor P. H. Murphy District Attorney Charles A. Palmer Assessor j. H. Hollister Superintendent of Schools W. S. Wight Coroner .'.'.' "c. W. Palmer Public Administrator Thomas Fogarty Surveyor A. F. Parsons Superior Judge , E. P. Unangst Supervisors. Regular meetings, first Monday of each month. E. W. Black, Fifth District, Chairman, Santa Margarita. J. E. Cliff, First District, Paso Robles. John Norton, Third District, San Luis Peter Tognazzini, Second District, Obispo. Cayucos. John Donovan, Fourth District, Nipomo. SAN MATEO COUNTY. Twentieth class. County seat. Redwood City. Area, 470 square miles. Office. Name of Officer. County Clerk Joseph 11. Nash Recorder > H. O. Heiner Sheriff J. H. Mansfield Tax Collector A. McSweeney Treasurer P. P. Chamberlain Auditor W. H. Underhill District Attorney Franklin Swart Assessor CD, Hayward Superintendent of Schools Roy W. Cloud Coroner and Public Administrator H. G. Plymire Surveyor James V. Neuman Superior Judge George H. Buck Supervisors. Regular meetings, first and third Mondays of each month. Wm. H. Brown, Second District, Chairman, San Mateo. John MacBain, Third District, Menlo D. E. Blackburn, Fifth District, Pesca- Park. dero. Jos. M. Francis, Fourth District, Half- Jas. T. Casey, First District, Colma. moon Bay. COUNTY OFFICIALS. 1253 SANTA BARBARA COUNTY. Seventeenth class. County seat, Santa Barbara. Area, 2,450 square miles. Office. Name of Officer. County Clerk C. A. Hunt Sheriff Nat Stewart Tax Collector Harry C, Sweetser Treasurer W. B. Metcalf Kecorder Mark Bradley Auditor S. B. Schauer Assessor ; Clio L. Lloyd District Attorney E. W. Squier Superintendent of Schools Miss M. V. Lehner Coroner and Public Administrator A. M. Ruiz Surveyor F. F. Flournoy Superior Judge S. E. Crow Court Commissioner Wm. G. Griffith Supervisors. Regular meeting of Board of Supervisors, first Monday in each month. H. J. Doulton, Chairman, Second District, Santa Barbara. H. S. Deaderick, First District, Car- C. K. Hardenbrook, Fourth District, pinteria. Lompoc. A. W. Conover, Third District, Goleta. F. C. Twitchell, Fifth District, Orcutt. SANTA CLARA COUNTY. Fourth class. County seat, San Jose. Area, 1,355 square miles. Office. Name of Officer. County Clerk H. A. Pfister Sheriff A. B. Langford Tax Collector W. A. January Treasurer E. W. Conant Recorder I>an J. Flannery Auditor W. F. Parker District Attorney A. M. Free Assessor Elizabeth H. Spitzer Superintendent' of Schools' '.'.'.'.'.'.'. !>• T. Sa^eman Coroner and Public Administrator ^ A } License Collector J. 5- V,*.T° Surveyor J- <>• McMillan Superior Judge John E Richards Superior Judge P- ^ G^jsbey Superior Judge J- «• ^^leh Supervisors. Regular meetings first Monday of each month. . H. M. Ayer, Chairman, Third District, San Jose. John Roll, Fourth District, Santa Clara. A. L. Hubbard, Second District, San F. E. Mitchell, Fifth District, Campbell. Jose. H. S. Hersman, First District, Gilroy. 1254 hillyer's legal manual. SANTA CRUZ COUNTY. Twenty-first class. County seat, Santa Cruz. Area, 425 square miles. Office. Name of Officer. County Clerk Harvey H. Miller Sheriff Howard V. Trafton Tax Collector J. F. Helms Treasurer W. H. Bias Recorder Harry C. Cooper Auditor Willett Ware District Attorney Benj. K. Knight Assessor W. A. Horton Superintendent of Schools C. S. Price Coroner and Public Administrator Louis H. Wessendorf Surveyor Arnold M. Baldwin Superior Judge Lucas F. Smith Supervisors. Board meets on first Monday in each month. E. J. Mattison, Chairman, Santa Cruz. J, A. Harvey, Santa Cruz. Joseph Ball, Felton. J. D, Esty, Soquel. S. C. Marcus,. Watsonville. Police Judges and Recorder. George F. Stanley, Police Judge of the City of Watsonville, Watsonville. City of Santa Cruz, Santa Cruz. W. S. Rogers, Town Recorder of the C. W. Bridgewater, Police Judge of the Town of Boulder Creek, SHASTA COUNTY. Twenty-eighth class. County seat. Redding. Area, 4,050 square miles. Office. Name of Officer. County Clerk S. N. Witherow Sheriff Jas. L. Montgomery Tax and License Collector S. C. Baker Treasurer L. M. Dennis Recorder A. L. Webb Auditor H. H. Shuflfleton District Attorney O. M. Chenoweth Assessor M. D. Lack Superintendent of Schools Lulu E. White Coroner and Public Administrator John Larkin Surveyor Robert L. Reading Superior Judge Chas. M. Head Superior Judge J. E. Barber Supervisors. Board meets first Monday after first day of January, March, May, July, Sep- tember and November. W. W. Sublett, Chairman, Ono. J. R. Hunt, Millville. Geo. H. Nutting, Anderson. W. M. Welsh, Kennett. Ferd Hurst, Redding. COUNTY OFFICIALS. 1255 SIERRA COUNTY. Fifty-third class. County seat, Downieville. Area, 957 square miles, ^ffi*'^- Name of Officer. County Clerk, Auditor and Recorder Henry E Quigley Sheriff and Tax Collector .'.'.'.*.*.. .Julius' .Johnson Treasurer E. L. Case District Attorney W. I. Redding Assessor W. .T. Copren Superintendent of Schools Belle Alexander Coroner and Public Administrator John Mayer Surveyor .".'.'.' .Mark N. Ailing Superior Judge Stanley A. Smith Supervisors. Regular meetings of board are held on the first Monday in January, April and July, and third Monday in September. Wm. D. Shafer, Downieville, Chairman. J. C. Brown, Table Rock. Samuel Devine, Sierra City. John F. Owens, Forest. W. E. Miller, Sierraville. SISKIYOU COUNTY. Twenty-ninth class. County seat, Yreka. Area, 6,078 square miles. Office. Name of Officer. County Clerk W. J. Neilon Sheriff Chas. B. Howard Tax and License Collector, Treasurer .7. E. Pashburg Recorder Eugene Dowling Auditor Robert Rankin District Attorney Frank W. Hooper Assessor John F. Fairchild Superintendent of Schools W. H. Parker Coroner and Public Administrator T. B. Davidson Surveyor H. J. Sarter Superior Judge James F. Lodge Court Commissioner Charles E. Johnson Supervisors. Regular meetings first Monday of each month. E. H. Kaupp, Chairman, Second District, Sisson. J. A. Glendenning, Fourth District, L. A. Lash, Third District, Yreka. Fort Jones. M. F. Barnum, Fifth District, Etna J. A. Ager, First District, Ager. Mills. Incorporated Towns. Etna Mills — M. J. Brumicage, Town Re- Montague — G. H. Chambers, Town Re- corder, corder. Fort Jones — G. G. Rantz, Town Re- Sisson — George H. Arens, Town Re- corder, corder. Yreka— L. W. Fauquier, Town Re- Dunsmuir — C. O. Clarke, Town Re- corder, corder. 1256 hillyer's legal manual. solano county. Eighteenth class. County seat, Fairfield. Area, 911 square miles. 0*Sce. Xame of Officer. County Clerk G. G. Halliday Sheriff J. J. McDonald Tax Collector and Treasurer George Weniger Recorder T. V. Corcoran Auditor Bert Sheldon District Attorney jos. M. Kaines Assessor E. E. Long Superintendent of Schools D. H. White Coroner and Public Administrator B. J. Klotz Surveyor E. N. Eager Superior Judge A. J. Buckles Supervisors. Board meets first Monday in each month. D. M. Fleming, Vallejo, Chairman. Julian B. Hoyt, Denverton. J. E. Glendon, Benicia. H. J. Widenmann, Vallejo. W. S. Godfrey, Vacaville. SONOMA COUNTY. Tenth class. County seat, Santa Eosa. Area, 1,540 square miles. Office. Name of Officer. County Clerk W. W. Felt, Jr. Sheriff J. K. Smith Tax Collector F. M. Collins Treasurer G. E. Murdock Eecorder F. G. Nagle Auditor C. A. Pool District Attorney C. F. Lea Assessor F. E. Dowd Superintendent of Schools Florence M. Barnes Coroner and Public Administrator F. L. Blackburn Surveyor T. B. McNamara Superior Judge Ernest Seawell Superior Judge Thos. C. Denny Court Commissioner J. M. Thompson Supervisors. Supervisors meet first Monday of each month. C. L. Patteson, Fourth District, Geyserville, Chairman. J. H. Weise, First District, Glen Ellen. Thos. J. Hutchinson, Third District, Lyman Green, Second District, Peta- Santa Eosa. luma. William King, Fifth District, Cazadero. Eecorders and City Clerks. W. P. Bagley, Recorder, Santa Eosa. H. B. Snyder, City Clerk, Santa Eosa. 1. S. Lewis, Eecorder, Cloverdale. C. B. Beaulieu, City Clerk, Cloverdale. G. E. Harrison, Eecorder, Sebastopol. J. S. Saunders, City Clerk, Sebastopol. C. H. Dillon, Police Judge, Petaluma. F. B. Singley, City Clerk, Petaluma. C. F. Eaymond, Eecorder, Healdsburg. Ed D. Eby, City Clerk, Healdsburg. James Campbell, Eecorder, Sonoma. H. W. Guttenberg, City Clerk, Sonoma. COUNTY OFFICIALS. 1257 STANISLAUS COUNTY. Twenty-fifth class. County seat, Modesto. Area, 1,486 square miles ^ ^^ffi^^f- , Name of Officer. County Clerk Hugh Benson ^heriff A. S. Dingley Tax Collector and Treasurer W. A. Downer Eecorder and Auditor *...'.'....*.,.. H. C Keeley District Attorney '..'.. .'.*.*.*.'.*.*.*. V.L. ' J. Maddux Assessor . Geo. A. Threlfall Superintendent of Schools Florence Boggs Coroner and Public Administrator W S. Bowker Surveyor '.'.**.'.*.*".'.'. E.' H. Annear Superior Judge L. W. Fulkerth Supervisors. J. J. McMahon, Modesto, Chairman. J. H. Clark, Oakdale. James E. Dunn, Salida. Vaughn D. Whitmor, Ceres. A. E. Clary, Newman. SUTTER COUNTY. Forty-eighth class. County seat, Yuba City. Area, 611 square miles. Office. Name of Officer. County Clerk D. D. Green Sheriff F. B. Noyes Tax Collector and Treasurer CD. O'Banion Eecorder and Auditor H. C. Flanery District Attorney Lawrence Schillig Assessor C. E. McQuaid Superintendent of Schools H. W. Heiken Coroner and Public Administrator P. W. Eowe Surveyor L. M. Bunce Superior Judge K. S. Mahon Supervisors. Eegular meetings first Monday of each month. J. C. Albertson, Third District, Meridian, Chairman. Samuel Gray, Fourth District, E. F. D. F. H. Graves, First District, Penning- No. 1, Yuba City. ton. F. J. Michel, Fifth District, Nicolaus. E. J. White, Second District Yuba City. TEHAMA COUNTY. Thirty-seventh class. County seat, Eed Bluff. Area, 3,200 square miles. ^ Office. Name of Officer. County Clerk, Auditor and Eecorder H. G. Kuhn Sheriff J. W. Boyd Tax Collector and Treasurer E. L. Sisson District Attorney W. A. Fish Assessor Louis Winter Superintendent of Schools Delia D. Fish Coroner and Public Administrator, P. O. Thomas, fills unexpired term of F. W. Decker, deceased. Surveyor :W. F. Luning Superior Judge John F. Ellison 1258 hillyer's legal manual. Supervisors. Board meets on first Monday in each month. G. W. Vestal, Second District, Eed Bluff, Chairman. H. C. Kauffman, Third District, Eed W. H. Samson, Fifth District, Corning. Bluff. Andrew Schafer, First District, Red A. G. Peake, Fourth District, Henley- Bluff, ville. TRINITY COUNTY. Fifty-fifth class. County seat, Weaverville. Area, 3,276 square miles. Office. Name of Officer. County Clerk, Auditor and Recorder R. L. Carter Sheriff and Tax Collector J. H. Boyce Treasurer J. W. Shuford District Attorney H. R. Given Assessor J. F. Tourtellotte Superintendent of Schools Minnie E. Aldrich Coroner and Public Administrator J. A. Wallace Surveyor T. J. Montgomery Superior Judge James W. Bartlett Supervisors. The Board of Supervisors meet on the first Thursday after the first Monday in the months of January, March, May, July, September and November. H. L. Lowden, "Weaverville, Chairman. J. R. Stoddard, Trinity Center. F. C. Meckel, Junction City. J. H. Kelley, Hayfork. E. J. Linck, Ruth. TULARE COUNTY. Twelfth class. County seat, Visalia. Area, 4,863 square miles. Office. Name of Officer. County Clerk Avon M. Coburn Sheriff W. W. Collins Tax Collector J. W. Fewell Treasurer Henry Newman Recorder Ira Chrisman Auditor W. A. Foucht District Attorney Frank Lamberson Assessor Thos. Blair Superintendent of Schools J. E. Buckman Coroner and Public Administrator L. C. Locey Surveyor Byron 0. Lovelace Superior Judge W. B. Wallace Superioi- Judge J. A. Allen Supervisors. Board of Supervisors meet on first Monday of each month. Law and motion day, every Monday. T. B. Twaddle, Tulare, Chairman. Robert Horbach, Porterville. J. H. Newman, Dinuba. A. C. Williams, Visalia. F. M. Singleton, Ducor. COUNTY OFFICIALS. 1259 TUOLUMNE COUNTY. Thirty-ninth class. County seat, Sonora. Area, 2,282 square miles. ^^«e. jfanjg of Officer. County Clerk and Auditor J. B. Doyle g^eriff '..'...'.['.'.'.['.'. iwi'liiam Sweeney Tax Collector E. S. Abbott Treasurer W. .J. Richards Recorder Richard Inch District Attorney Rowan Hardin Assessor j. B. Ryan Superintendent of Schools G. P. Morgan Coroner and Public Administrator C. H. Burden Surveyor '.'.Elbert E. Newell Superior Judge G. W. Nicol Supervisors. Board meets first Monday in each month. T. F. McGovern, Sonora, Chairman. A. S. McKenzie, Columbia. S. A. Ferreth, Groveland. J. J, Gibbs, Tuolumne. V. A. Aolari, Jamestown. VENTURA COUNTY. Thirtieth class. County seat, San Buenaventura. Area, 1,850 square miles. Office. Name of Officer. County Clerk J. B. McCloskey Sheriff E. G. McMartin Tax Collector T. William McGlinchey Treasurer H. E. Peck Recorder and Auditor J. L. Argabrite District Attorney • Don G. Bowker Assessor John A. Barry Superintendent of Schools James E. Reynolds Coroner and Public Administrator W. R. Gibson Surveyor E. E. Everett Superior Judge Robert M. Clarke Supervisors. Regular meetings, first Tuesday in each month. Law and motion day, every Monday. A. Camarillo, Camarillo, Chairman. T. S. Clark, Nordhoff. H. C. Henderson, Santa Paula. Frank S. Cook, Ventura. L. F. Roussey, Oxnard. '^ YOLO COUNTY. Thirty-fifth class. County seat. Woodland. Area, 1,017 square miles. Office. Name of Officer. County Clerk H. R. Saunders Sheriff and Tax Collector J. W. Monroe Treasurer Roy E. Cole Recorder H. Henigan Auditor R. P. Wallace District Attorney A. G. Bailey Assessor H. E. Harrison Superintendent of Schools May E. Dexter Henshall Coroner ' T. H. Kitto 1260 Public Administrator A. L. Parish Surveyor P. N. Ashley Probation Officer D. E. Jacobs Superior Judge N. A. Hawkins Supervisors. Meetings first Monday in each month at 1:30 P. M. M. H. Stitt, Guinda, Chairman. Wm. J. Leinberger, Broderick. P. B. Bdson, Grafton. W. O. Kussell, Davis. J. S. Scott, Woodland. YUBA COUNTY. Thirty-eighth class. County seat, Marysville. Area, 625 square miles. Office. Name of Officer. County Clerk J. F. Eastman Sheriff George H. Voss Assessor Tom E. Bevan Treasurer and Tax Collector W. P. Eich District Attorney E. T. Manwell Coroner J. K. Kelly Public Administrator F. E. Smith Superintendent of Schools W. P. Cramsie Auditor and Eecorder F. H. Greely Surveyor L. B. Crook Superior Judge Eugene P. McDaniel Supervisors. The board meets in regular session on the first Monday of each month. J. J. Casey, Fourth District, Brown's Valley, Chairman. Wm. J. Mellon, Fifth District, Chal- Phil J. Divver, Second District, Marys- lenge. . ville. Fred Koberts, First District, Marys- David Morrison, Third District, Wheat- ville. land. JUSTICES OP THE PEACE AND CONSTABLES. 1261 eS «5 c c dj J3 O 1^ c! «3 :S w ^ .a TS -= g --• -3 . 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McAnar Perry. 02 pq W x*^m « 1 W W 1 g ai pi; H 1 K H g W ^ M - c8 es 03 C cS « -: CQ CQ tC >^ <^ liillillliilill tifii i^lM-^^ll i il1l5 Sooooooooo^H^is:^ {scsescsesoj aia).t:.C: 00000 S lassPS' JUSTICES OF THE PEACE AND CONSTABLES. 1265 sill l^lllllilllfilll!£=g|^« a » |§W d 5 fe- 2 „• a -g i H^ Pu" ^' d d ^_ « 6 i I o- ^' < ^ ^ Q w d W t^ H fe 5- d H,- f4 aj hi ^ ^ Eh' S ^ o ^i Hi :« a> bo M "3 '^^■e -i«!cifl2^ «fe i^-S.2 -§«•- ^•oQ'^e, &. »«• nil !!l|l ^^ilill ll^ll^ |1l?i lilii 80 1266 CO ui « (U . . es • ^ S ^' o ^ Zl P' '-> •r ^ -i^ r1 C a) . s^ ^- H . -- C 5 ^ > -• >■• E-tO»H-5'dCo'^ •j-m -S hS*^ O.-3^£...C>H03e8£8eSH tn ^^<^»H-i JUSTICES OF THE PEACE AND CONSTABLES. 1267 o . fl • .« ci « w , , o c S c c J3 tA »-■ fe EH- ^- I « tH- 1^ S H g ^ ^ g ^ g H^ S O g- I o O S Pd ^ « ^. ^' ^- i fe ^ I c ^ cJ u2 hs" £ «■ hi cQ W pm ^ ^ M ^ ^ M tJ 't^ H ^ ^ hs" « H^ -ii d d H? »-i hJ B d t-i d 4 W o III. .LjiiLiJiiilliJii.f.^l 1 1,... ^'Slo o- 2 ol § § § « « ^-S S S3 i S|.$f.£f>o o § « § o o-| § aloo-o ,. §1 S3 .§^511 g'ltN I Is i|i« 11^^ ^lit^ ^ i^i^t I ^ w fe ^ Q «i ^ ^4 ^ d ^ I H i 1 I o ^ J- « M I ^ f^' s ^ I w s ^" w i w "^_ :^ W hi d ^? 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P^ f^ f^ 1272 hillyer's legal manual. ^ai tills isl lis S-R^^lli^ III. I ^ ^' -S i -2 5 « j' ^ w . ^ « ^ ^" « W c I H . pi -^ q w d ^- « 0) o 1^ Darrough Thompsoi McGovern Shallock. Conklin. Rivera. Ph d W w pq tn" S f5 . *fci 03 . Ha f> H d a ^ f> ^ w A^^'^'i^t B ^ ag.^ ^^ * S ^ a^^ -S ^ ".§^. g^i^^'^l .« a ^ H^ k4 d ? fe' ^ »? W w >-; ^ fi a o ee Eh CQ OQ 2^ OQ I i liJIslllls I si|| g Town, skenta. so Roble nngrove. 2 « ^^i a trolia zo. ilo. aole. ttsbur icenti icervi ee ca « ? ^' d W fe d 6 Hj' a o o a> o « i^ 2 -5 S !> £ •2 — . t3 > qj 0) M -1 -1 «^ 12; ^ « ;z; W rt p Q ^ « « ^ 12; ;§ «2 oJfl ^ "H o « g ^ 4S ^ d) H 02 CQ O W 02 i J c « c g — (S « ea <1 ; •-^wmwg'Wcsfe ^, W ^ ;§ d >; ?■ PI lf?^B!§ a ^ ^ . d ^ o ^? £ fe ^ w § ^ -5 & « 3 S ^ <1 M O I 02 ^* ^ S S ^< 0) w « « o .2 CQ s^-o p4 Eh tj W W 13 ^03 o PU O « g 2 S « S « S pq pq § O S M 02 ^ ^ p^ p; o o (f "^ 5 if S ^ "^ « i § .S 2 .2 « p? c^ p3 « p,^ « o p, U OQ 00 c§ ;§ Pi3 as. Andre Ardo. Benitc g E 1 s n 5 ^S^ ^ a 60 s c 1=1 a c c rt c fl a es CS 03 es OS OS j5 ^ « es m mm m 02 m CQ DC CQ QQ 1274 HILLYER^S LEGAL MANUAL. a s I "^ « § a; § s I f^ w ^ ^ H s ^ I ^ I w «• Ki w ^ > -^ o o ^ ^ 2 Sw)ihiQ{»ScQHj*Wfe6fSd!i6feHs'^4do2<^ ^ h? w d 6 ^ Hi Hs" ^ hi ^ Hi ^ Hi d Hi W ^' ^ ^q d ffl -< S ^ h,- W ►^j ^? Hi 5?; f/2 [£ fa «■ d »-ie8'-->^o3e8cSeSOt~ >- cS c3 c8 CSCSO,*' O oSvS p.r-.^»i^O.^.-.g ^jT O0C!Qa!a2a2o!^ O 02 oo 02 mcCh:;^ 02 02 ^ ^jcccofacCjjjoccoM oop- c ^ Juan, Juan Bautis Leandro. Lucas. Luis Obisp( Luis Rey. Mateo. Miguel. Pablo. Rafael. ^ 03 p C8 j: O OS o 5 5 ^^)^f^ f^ cS c3 c3 eS ^ S3 C C C fi C C 02 02 CC i32 02 02 ".■ ti OJ* O! 83 C 5 . k:5 Wtell wyer ott B Ima. lasta. erma erra errav Isbee, 03 03 o; .Q pCi •« ..^ -^ 0202iCCCa!02CQC»CO c» m JUSTICES OF THE PEACE AND CONSTABLES. 1275 P^ ^ d § a o- -I i g d §• g '? d I •§ ^- ? I .^ I d I d § d d d d I d -§ =3 .S -5 • .S » > g => S -« '« 2 "^ • « fr « c^ b "^ '^ •§ S c .5 &; d K Hi ;^ M >J ^ »^ ? ^ O a W H ^ Hi K >. c d § N S ^ ^ « E !>>»t>Pu^^^t>>> w CO "S) 3 cs o aj ►" 0^0^ 0) bo S 2 S Q h^ Eh a . o Q h^ H O ^^ 3 « I ^ I ^ ^ W W _g d^ 6 d 1^ o 13 . o » o 9 ^ o Q O CO ^ -^ « 1^ g <1 S« OJ C8 0) fl bo « •-=' •- f- fl 03 bo « « -S >s ^ d d i-s" ^ ^ d ^ < a " •3 o ® S. -S -^^' ® « '3 :s yi -5 fl fl a w P CS c3 ^ O Eh m cq H h^ ^ J tC li Id ;25 Eh Eh 50 r;^ ^ c^ ^ o d 03 C wag cc » 3 CC Eh H c8 a O cc J2; . Oi 03 O >> '2 - t> to 'd P< C3 <» .i3 O ^ ^1 ^ JH &H e &H Eh s « § « . pj ^ o 7:3 ,2 ?H ps fS S) f>> Eh Eh &H tH Eh K^ = P P P k f> f> « O Q 1 ^ ^ ^ I fm, cQ C6 ^ CS 1^ ^^^^ JUSTICES OF THE PEACE AND CONSTABLES. 1277 o W ^ « ^- d Sg ^. ^>:;;; il lillijllliii^ll illi^l I ai <^>^ ^ >H o !2; w M K t^ H »»^ .: CO • t: .r • ir e 1278 HILLYER^S LEGAL MANUAL. COMMISSIONERS OF DEEDS. Arizona — Frank Baxter, Yuma. Australia — David Fealy — Sydney. Colorado — Clarence S. Nettles, Denver. District of Oolumbia — Anson S. Taylor, Washington. Isaac R. Hitt, Washington. Jno. E. Mitchell, Washington. France — Wm. H. Pauling Enrich — Paris. Auguste Maley — Paris. Chas. G. Loeb — Paris. Lfeon Virclet — Paris. Germany — Eobt. Kuehnert — Berlin. Great Britain — Lucas D. Gray — Ballabay, Mon- aghan. County, Ireland. J. Cato Worsfold — London, Eng- land. J. Burke Hendry — London, Eng- land. Claude Basil Lumley — London, England. Geo. M. Melldowie — Belfast, Ire- land. Horatius Stuart — Edinborough, Scotland. Frederick Patterson Milligan — Edinborough, Scotland. Francis V. Darch — London. Sydney R. Pollard — London. Geo. W. Edwards — Liverpool, Eng- land. Jno. C. O'Carroll — ^Carrickmacross, Ireland. Allen E. Messer — London. Sydney H. Peddar — London. Thos. J. McGrath— Dublin. Chas. E. Murphy — Cookhill, Ire- land. Alexander T. Lang — Carricknia- • cross, Ireland. Alexander Bell Ferguson — Glas- gow. Wm. Woods — Clones, Ireland. Jno. Jos. Horgan — Cork, Ireland. James Henry Nelson Curtis — Sut ton (Surrey) Epsom and London. Hawaii — • Geo. A. Davis — Honolulu. Patrick Henry Burnette — Hono- lulu. J. T. Walker— Honolulu. Italy— Chas. McNamee — Rome. Massachusetts — Blanche I. Brackett, Boston. Jno. Dearborn, Maiden. Missouri — Harold Johnson, St. Louis. New Jersey — Jas. Teeling, Newark. Richard Stockton, Newark. New York — Samuel B. Goodale, New York. Jos. B. Braman, New York. Wm. F. Lett, New York. Wm. Johnson, New York. George H. Covey, New York. Irvin J. Weil, New York. Jno. J. Dwyer, New York. Ella F. Braman, New York. Oregon — Arthur P. Tift, Portland. Pennsylvania — Jno. S. Wurts, Philadelphia. Robt. W. Lloyd, Philadelphia. Elbert Williamson, Philadelphia Kinley J. Tener, Philadelphia. Thos. J. Hunt, Philadelphia. Ehodo Island — Edwin C. Potter, Providence. NOTARIES PUBLIC. 1279 NOTARIES PUBLIC. [The notaries public of California are numbered by the thousands. The accom- panying list contains one for each town except San Francisco. The notary given is usually the one whose commission has the longest to run.] ACAMPO— D. M. Denehy. ADIN— Geo. H. Knight. AGER — Judson A, Ager. AGNEW— T. T. Tourtillott. AGUA CALIENTE— Morris Levy. ALAMEDA— A. H. Breckwoldt. ALBION— Albert C. Hogan. ALDER POINT— Joseph F. McKnight. ALHAMBRA— Raymond W. Jarecki. ALLEN WORTH— Zebedee M. Hinds- man. ALPAUGH— H. L. Wilson. ALTADENA— James B. Eddie. ALTAVILLE — Monte Verila Lawrence. ALTON— Frank Luther. ALTURAS— A. F. Sharbel. AMADOR CITY— O. E. Martin. ANAHEIM— Richard Melrose. ANDERSON— J. 0. Bleichfeldt. ANGELS CAMP— A. Barry. ANNETT— James Miller. ANTIOCH— J. P. Abbott. APTOS— C. W. Hortsman. ARBUCKLE— J. W. Woodland. ARCATA — Thomas R. Emerson. ARLINGTON— Francis Pedley. ARROYO GRANDE— M. R. Swall. ARTESIA— Arthur E. E. Frampton. ATWATER— W. H. Osborne. AUBERY— C. P. Lewis George. AUBURN— Fred P. Tuttle, Jr. AVALON— W. M. LeFavor. AZUSA— G. E. Glover. BAGDAD— William J. Coopman. BAKERSFIELD— T. F. Allen. BALDWIN park:— William R. John- son. BALLARAT— H. L. S. Robinson. BANDSTOWN— Harry A. Valentine. BANGOR— M. M. Turner. BANNING— Charles T. Dyhre. BARKER— Geo. T. Shaw. BARSTOW— Eugene L. White. BAY POINT— A. N. Lofgren. BEAUMONT— E. J. Gillis. BELDEN— Clement N. M. Nallen. BELL — Presley Moore. BELVEDERE— Jos. S. Hawkins. BENICIA— J. S. Stevens. BEN LOMOND— Nellie T. Nicholson. BENTON— Samuel J. Alderman. BERKELEY— Floy Crane. BESWICK— W. C. Brown. BETTERAVIA— W. W. Stokes. BIEBER— Homer C. Jack. BIGGS— Nellie I. Carnduff. BIG OAK FLAT— Daniel Corcoran. BIG PINE— O. L. Anderson. BIRDS LANDING— Alexander W. Mc- Donald. BISHOP— W. M. Brooks. BLACXSBURG— F. M. Helmke. BLOOMINGTON— J. E. Blair. BLUE LAKE— Gus Perigot. BLY THE— Henry C. Downes. BOCA— S. E. Wagner. BODIE— 0. F. Hakes. BOLIN^^S- Joseph G. Petar. BOONEVILLE— T. E. Rawles. BONSAL— Geo. D. Stevens. BOULDER CREEK— W. B. Peery. BRAWLEY— M. G. Doud. BRAY— William J. Bray. BREA— A. J. Olsen. BRENTWOOD— R. G. Dean. BRICELAND— C. S. Thomas. BRIDGEPORT— Pat R. Parker. BRIDGWILL— M. Lue Ballard. BROOKD ALE— Alfred Delnoy. BROWN— Mary T. Haelsig. BROWNSVILLE— C. F. Harvey. BRUCEVILLE— Charles W. Peck. BUENA PARK— D. W. Hasson. BULLION— Harold M. Power. BURBANK— Charles E. Salisbury. BURLINGAME— J. M. Chrisman. BURKE— Sadie Dixon. BURNEY— A. W. Gale. BURRELL— F. F. Eaton. BURSON— Daniel M. Dyer. BUTTE CITi— George F. Le Rossignol. BYRON— F. A. Gaines. BYRON SPRINGS— L. R. Mead. CALEXICO— H. H. Griswold. CALISTOGA— C. W. Crouch. CALLAHAN— R. V. Hayden. CALWA — John C. Maloney. CALAVERAS — Henry A Cavagnaro. CAM ARILLO— Albert M. Meyer. CAMBRIA— W. M. Lyons. CAMINO— John B. Hughes. CAMPBELL— John F. Duncan. CAMP MEEKER— Cardine L. Morgan. CAMPO— Isabella M. Davies. CAMPO SECO— J. F. Paulk. CAPAY— Geo. W. Tandy. 1280 hillyeb's legal manual. CARMEL— J. W. Hand. CARPINTERIA— Thomas W. Ward. CASPAR— Fred W. Stickney. CASSELL— H. E. Williams. CASCADA— D. L. Roberts. CASTELLA— John O. Smythe. CASTROVILLE— S. Reed Williams. CAYUCAS— Jas. A. Girard. CAZADERO— W. B. Quigley. CEDARVILLE— L. N. Pabst. CEMENT— F. S. Saunders. CENTEEVILLE— Thomas C. Huxley. CERES— L. H. Whitmore. CHICO— J. D. March. CHINA FLAT— Albert W. Symmes. CHINESE CAMP— Sol. Morris. CHINO— Clyde Doyle. CHOWCHILLA— J. A. Perry, Jr. CHULA VISTA— T. B. Frost. CHU ALAR— Geo. P. Beck. CISCO— Ella M. Freeman. CLAREMONT— A. W. Richards. CLARKSBURG— G. H. Colby. CLAYTON— Gus L. Goethals. CLIO— J. N. Place. CLIPPER MILLS— W. J. Schultz. CLOVE'RDALE— Lewis Raymond Lam- bert. CLOVIS— E. S. Nevins. COACHELLA— H. A. Westerfield. COALINGA— Harry Herren. COARSEGOLD— H. A. Krohn. COFFEE— E. E. Pinkham. COLEGROVE— F. W. McCabe. COLFAX— Lee Gray. COLMA— Henry Ward Brown. COLTON— Fred O. Lewis. COLUMBIA— John W. Pitts. COLUSA— Seth Millington. COMPTON— E. E. Elliott. COMPTONVILLE— S. J. Fra&er. CONCORD— Wilfred L. Brown. CONEJO— Aaron B. Butler. COPPEROPOLIS— J. T. Baker. CORAM— George J. Hardy. CORCORAN— W. S. McCreary. CORDEIilA— A. H. Klahn. CORNING— C. S. Jobe. CORONA— John P. Key. CORONADO— J. Brooks. CORTE MADERA— W. A. James. COTTONWOOD— J. E. Dilley. COULTERVILLE— W. J. McCarthy. COURTLAND— C. E. Brunnell. COUTOLENE— J. M. Ellis. COVELO— Amos Dennis. COVINA— Lottie M. Merwin. COWELL— Elvin N. Leh. CRESCENT CITY— Ethel L. Howe. CRESSY— John M. Miller. CROCKETT— Hugh P. Edwards. CROWS LANDING— L. McAulay. CUCAMONGA— H. O. Ward. CUDDY'S RANCH— Florence L. Cuddy. DALY CITY— Fred T. Peterson. DANLY— Homer R. Scott. DANVILLE— F. A. Marshall. DARWIN— Mamie E. Reynolds. DAVENPORT— E. Valla. DAVIS— Forrest A. Plant. DECOTO— T. S. Fereira. DELANO— H. Hawley. DELTA— Edward Sanders. DEL NORTE— Ernett S. Husted. DENAIR— A. M. Morton. DEVOTO— Harriett Joyce. DINUBA— C. C. Threlkeld. DIXON— R. Moss. DOBBINS— Wm. Sonimons. DORRIS— M. Stitsen. DOS PALOS— Seibert Cain. DOWNEY— Arthur L. Darby. DOWNIEVILLE— James F. Hunt. DOYLE— F. J. Curley. DUCOR— Arthur L. Harris. DUNBAR— S. W. Jackson. DUNCAN'S MILLS— Jean Pyatt. DUNNIGAN— Frank Weidner. DUNSMUIR— Mason A. Bailey. . DURHAM— James M. Smith. DYERVILLE— R. E. Morton. EAGLEVILLE— John W. Taylor EAST AUBURN— G. E. Lukens. EAST OAKLAND— H. A. Thomas. EAST HIGHLANDS— Jesse Cadwal- lader. EAST SAN DIEGO— David H. Ryan. EAST WHITTIER— J. F. Hubbard. EDGEWOOD— A. C. Gridley. EL CAJON— Ina C. True. EL CENTRO— Allen P. Nuffer. EL DORADO— V. Arrasmith. ELDREDGE— R. I. Wickham. EL GRANADA— Geo. Croydon. ELIZABETH LAKE— Chas. Hahn. ELK— C. W. Walker. ELK CREEK— William Dodd. ELK GROVE— M. A. Mitchell. ELMHURST— A. F. Horstman. ELMIRA— F. H. Clark. EL MONTE— A. B. Edincott. EL PASO DE ROBLE'S— E. M. Ben- nett. EL PORTAL— B. K. Young. EL SEGUNDO— B. M. Kunston. ELSINORE— J. T. Kuhns. EMERYVILLE— B. R. Lane. EMPIRE— C. W. Caylor. ENCANTO — Joseph Ryan. ENCINITAS— T. W. Cozens. ESCALON— Andrew Kern. NOTARIES PUBLIC. 1281 ESCONDIDO— W. N. Bradbury. ESPAKTO— H. S. Dunlap. ESTUDILLO— William H. Willcox. ETNA — Marx Martins. ETNA MILLS— W. T. Young. EUGENE— D. E. Kelleher. EUREKA— Otto C. Gregor. EXETER— Fleetwood Bell. FAIRFIELD— K. L Jones. FAIR OAKS— Ida M. Palmer. FAIR PLAY— Minnie E. Allen. FAIRPORT— Fred Shaffer. FALLBROOK— W. M. Smelser. FALL RIVER MILLS— W. T. Dimick. FARALLONE— F. E. Hamlin. FARMINGTON— Berde M. Alders. FELLOWS— W. J. Hamilton. FERND ALE— Benjamin F. Hillier. FIELDS LANDING— Herbert R. In- skip. FILLMORE— John A. Galvin. FIREBAUGH— L. H. Stone. FOLSOM— James H. Burnham. FORBESTOWN— A. J. Batt. FOREST HILL— E. A. Garrison. FORESTVILLE— John M. Gwen. FORT BIDWELL— B. F. McCombs. FORT BRAGG— Amos Dennis. FORT JONES— A. Geo. Simas, Jr. FORTUNA— C. A. Eastman. FOWLED- J. R. Gould. FRENCH GULCH— George R. Simmons. FRESNO — C. W. Tackaberry. FRUITVALE— J. C. Holland. FULLERTON— W. D. Cokely. GALT— J. J. Campbell. GARBERVILLE— T. M. Tobin. GARDENA— O. C. Olds. GARDEN GROVE— J. D. Price. GARVANZA— Jennie M. Gilbert. GAZELLE— Edson L. Foulke. GEORGETOWN— Ernest W. Claresse. GEYSERVILLE— H. E. Black. GILROY— E. R. Green. GLENDALE— Joseph F. Lilly. GONZALES— John C. Lazier. GOSHEN— T. W. Blick. GRAFTON— Ralph E. Webb. GRASS VALEY— E. H. Armstrong. GREENFIELD — A. Curtis Anderson. GREENVILLE— W. W. Hall. GRIDLEY— T. J. Long. GRIMES— J. M. Dixon. GROVELAD— J. C. Ferari. GUADALOUPE— Stephen V. Campa- donico. GUERNSEY— Ed Dodd. GUERNEVILLE— I. McGuffin. GUINDA— Edwin W. Smith. GUSTINE— Geo. J. Ames. 81 HALF MOON BAY— John Pitcher. HAMILTON CITY— P. S. Quigley. HANFORD— B. D. Ainsworth. HAPPY CAMP— G. R. Humphreys. HARDWICK— V. J. Weant. HART— Milton Mundy. HAWES— R. F. Groom. HA WTHORNEr— Arthur H. Smithers. HAYFORK— Daisy M. Coumbs. HAYNES— C. S. Thompson. HAYWARDS— J. D. Armstrong. HEALDSBURG— Fred W. McConnell. HENLEYVILLE— Norman Todd. HESPERIA— Lawrence E. Smith. HERMON— J. G. Baird. HERALD— Frank A. Warren. HEMET— Chas. E. Goodhue. HERMOSA BEACH— Edwin B. Smith. HIGHGROVE— W. H. Ryan. HIGHLAND— J. Kienzman. HILLSBOROUGH— John A. Hrey. HILTS— L. E. Hagan. HOLLISTER— Maude Towle. HOLLYWOOD— Ray W. Hussey. HOLT— J. M. Bigger. HOLTVILLE— King 1j. Kendle. HOPLAND— Will Huntley. HORNBROOK— Raymond J. S. Barry. HONCUT— H. A. Brown. HORNITAS— William Adams. HUENEME— Edwin H. Wood. HUGHSON— William H. Barnes. HUNTINGTON BEACH— W. D. Seely. HUNTINGTON PARK— H. H. Mills. HUTTON— Frank Edwards. HYDEVILLE— R. M. Parsons. IMPERIALr-Geo. H. P. Shaw. INDEP'ENDENCE— William B. Hun- rod. INDIAN FALLS— Maud G. Goodhue. INDIO— H. E. Gard. INGLEWOOD— W. G. Brown. INYO— J. C. Farrar. lONE — Jacob Surface. IOWA HILL— Everett C. Macy. IRMA — Caroline M. Robertson. IRVINGTON— Thomas J. Power. IRWIN CITY— G. F. Brandon. ISLETON— Paul De Bach. JACKSON— James .T. Wright. JAMESTOWN— A. W. Nash. JENNYLTND — Tames M. Sinclair. JOHANNEISBURG- Lizzie B. Teagle. .TOHNSVILLE— Geo. L. Redstreak. JOLON — J. Alonzo Forbes. JULIAN— Edwin W. Parsons. KAWEAW— Geo. W. Hopping. KELLER— A. T. Smith. KELSEYVILLE— W. E. Hunt. 1282 hillyer's legal manual. KELrSO— W. L. Ames. KENNETT— Harry Donelly. KENTFIELD— J. E. Lewis. KENWOOD— Elmer W. Kilgore. KERMAN— Julian W. Hudson. KERNVILLE— Charles C. Taylor. KING CITY— John N. Besse. KING-SBURG— F. D. Rosendahl. KINGSBURY— O. E. Peterson. KLAU— Otto Wyss. KNOB— W. W. Markham. KORBEL^H. A. Baldwin. LA CANADA— H. E. White. LADOGA— J. A. Lovelady. LA GRANGE— J. A. Hammond. LAGUNA BEACH— Nathan Philbrook. LA HEBRA— F. R. Aldrich. LA JOLLA— John W. Schroeder. LAKEPORT— H. V. Keeling. LAKESIDE— J. H. Burtch. LAMANDA PARK— J. C. Lunprez. LA MESA— S. C. Grable. LA MESA SPRINGS— M. W. McNiel. LANCASTER— George H. Fuller, LANKERSHIM-^C. M. Wilcox. LAPORTE— Elizabeth Caya. LARKSPUR— W. H. Mahoney. LATHROP— J. H. Southwell. LATON— D. T. Eisenbray. LAWNDALE— H. D. Moseley. LAWS— J. H. Stoutenborough. LAYTONVILLE— A. L. Smith. LEE— W. H. Lillard. LE GRAND — Bessie Carmean. LEMON COVE— M. L. Moffatt. LEMOORE— Pete Caraseo. LENOX STATION— George H. Burton. LEWISTON— Charles Paulsen. LIKELY— J. A. Pierce. LINCOLN— Alfred E. Clark. LINDEN— C. N. Harrison. LINDSAY— J. T. Fuller. LITTLEROCK— F. K. Barton. LIVERMORE— W. G. Callahan. LIVEOAK— Justus A. Wilkinson. LIVINGSTON— J. L. E. Hitchcock. LLANADA— Stephen H. Langford. LOCKFORD— R. P. Barbour. LODI— J. W. Wagers. LOLETA— W. F. Dixon. LOOKOUT— George R. Walker. LOOMIS— A. S. Martindale. LOMA LINDA— S. S. Merrill. LOMPOC— A. G. Balaam. LONE PINE— J. C. Anton. LONG BEACH— Geo. A. Skinner. LORAINE— A. D. C. McKay. LORDSBURG— Edgar C. Kenyon. LOS ALAMITOS— Alfred W. Jones. LOS ALAMOS— A. Lesser. LOS ALTOS— E. D. Carothers. LOS ANGELES— Samuel Nixon Coul- ter. LOS BANCS— Stephen T. Galvin. LOS GATOS— D. H. Milligan. LOS MOLINOS— Clara Randolph. LOWER KLAMATH LAKE— George Edwin Bradnack. LOWER LAKE— Luke Evans. LOYALTON— Henry B. Neville. LUDLOW— E. A. Reinearth. MACDORE— Robert S. Green. MACDOEL— W. P. Vetter. MADERA — Robert L. Hargrove. MAGALIA— Levi Kohn. MANTECA— William H. Wall. MANZANAN— Ira L. Hatfield. MARICOPA— F. W. Train. MARIPOSA— R. B. Stolder. MARTINEZ— L. C. Brown. MARYSVILLE— H. A. Niemeyer. MASONIC— J. K. Weitfle. MAXWELL— George L. Harden. MAYFIELD— C. F. Wright. McCLOUD— J. A. Thomas. McFARLAND— Chester E. Lockwood. McKITTRICK— H. B. Phelan. MEADOW VALLEY— Harvey P. Rod- gers. MELROSE— John Brophy. MENDOCINO— Joseph N. Rea. MENDOTA— Isaac Meyer. MERCED— Frank H. Farrar. MERCED FALLS— Henry S. Minor. MERIDIAN— W. O. Wood. MICHIGAN BLUFF— H. L. Van Eman. MIDDLETOWN— J. L. Reid. MILLS COLLEGE— Fannie A. Madi- son. MILL VALLEY— James B. Chase. MILLVILLE— C. P. Dunham. MILTON— Frank Brown. MISSION SAN JOSE— E. W. Stein- metz. MODESTO— Grace Hansel. MOHAWK— J. M. Keckler. MOKELUMNE HILL — A. H. Me- Carty. MONTEBELLO— J. W. Van Orsdell. MONETA— E. M. Kaufman. MONO LAKE— A. E. Benedict. MONROVIA— W. H. Evans. MONTAGUE— G. H. Chambers. MONTE VISTA VALLEY— George C. Buck. MONTEREY— Charles Carr. MONTGOMERY CREEK — Herbert Boss. MONTICELLO— Bani V. Seribner. NOTARIES PUBLIC. 1283 MOOR PARK— E. C. Graham. MORGAN HILL^C. H. Barrett. MOSS BEACH— Annie G. Smith. MOUNTAIN RANCH— W. A. March. MOUNTAIN VIEW — William L. Camp. MURPHYS— James M. Stevens. NAPA— Nathan F. Coombs. NATIONAL CITY— Amelia H. Eddy. NEEDLES— Cubbage Wilford. NEIGHBORS— Jessie I. Bodkin. NEVADA CITY— F. T. Nilon. NEWARK— Arthur Theodore Biddle. NEWBERG— Thomas J. Smith. NEWCASTLE— George D. Kellogg. NEWHALL— J. F. Powell. NEW IDRIA— Henry W. Gould. NEWMAN— Charles B. Cleaves. NEW PINE CREEK— E. P. Branley. NEWPORT BEACH— Lew H. Wallace. NEWVILLE— H. P. Mitchell. NICOLAUS— T. J. Mulvaney. NILES— Edward A. Ellsworth. NIPONO— Tuanita Dana. NORDHOPF— John J. Burke. NORTHFORD— L. F. Franklin. NORTH FORK— J. E. Roberts. NORWALK— E. P. Truitt. NOVATA— M. F. Morrison. OAKDAx^E— George D. Avery. OAKLAi>lD— V. D. Stuart. OAKLEY— Joseph A. Jesse. OAK PARK— L. M. Skelley. OAK RUN— William Filers. OCCIDENTAL— Francis R. Harrison. OCEAN— Marvin W. Smith. OCEAN BEACH— Jas. A. Gilbert. OCEAN PARK— P. J. Dudley. OCEAN PARK HEIGHTS— Winifred W. Carberry. OCEANSIDE— George A. Lane. OIL CENTER— F. E. Smith. OLETA— William Brown. ONO— W. J, Hammans. ONO RANCH— J. F. Fry. ONTARIO— Archie D. Mitchell. ORANGE— W. H. H. Clayton. ORANGEVILLE^Olive J. Rothe. ORCUTT — Cook Farnum. ORICK— John G. Chapman. ORLAND— J. B. Hazelton. OROSI— H. L. Andrews. OROVILLE— A. C. Tucker. OTAY— C. V. Malone. OXNARD— E. S. Gardner. PACIFIC BEACH— Alfred R. Pease. PACIFIC GROVE— J. P. Pryor. PALA— Arthur T. Specs. PALA MAR— Griffith O. Hughes. PALMS— Irwin C. Butler. PALO ALTO— Thomas Monroe. PANOCHE— George Berg. PARADISE— J. A. Nunmely. PARKFIELD— John W. FretweU. PARLIER— J. F. Hayhurst. PASADENA— Jas. Wheeler Morin. PASKENTA— Myra S. Warmoth. PASO ROBLES— Brewer Lyman. PATTERSON— Albert Hell. PATTON— F. G. Wishard. PELTVILLE— Nanine Brown. PENRYN— W. W. Pippins. PEPPERWOOD— George R. Young. PERKINS— Charles M. Best. PERRIS— H. M. Harford. PERU— David Felsenthal. PESCADERO— Carl J. Coburn. PETALUMA— Hugh B. Logan. PETROLIA— James Hart. PIEDMONT— S. F. Pentethy. PIKE— L. W. Wood. PINCHOT— Charles Edwin Bosley. PINOLE— L. E. Hart. PISMO— Margaret M. Carroll. PLACENTIA— E. C. Hazzard. PLACER— Mary H. Wallace. PLACERVILLE— Clarke Howard. PLANADA— James W. Wilson. PLEASANTON— John R. Palmer. PLEASANTON GROVE — Mary O. Srite. PLEYTO— William Pinkerton. PLUMAS JUNCTION— L. B. Cole. PLYMOUTH— John Blower. PORTERVILLE— Geo. B. Crittenden. QUINCY— Edith I. Le Bourveneau. POINT ARENA— J. W. Kingren. POINT LOMA— J. F. Knoche. POINT REYES— John A. Bondeson. POMONA— W. D. Frederick. PORTOLA— Edward I. Lane. POTTER VALLEY— T. P. Hopkins. POUAY— Lewis E. Kent. PRATTVILLE— R. A. Coster. PRINCETON— F. M. Porter. PUENTE— Geo. C. Cross. PULGA— W. H. King. RAILROAD FLAT— Thomas W. Tay- lor. RAISIN— Nelle E. Flickenger. RAMON A— John P. Sutherland. RAMONA ACRES— Joseph T. Camp- bell. RANDSBURG — Josephine Montgom- ery. RANN ELS— Robert Turlong. RAYMOND— E. L. McCapes. REDDING— Charles A. Potter. 1284 HILLYER^S LEGAL MANUAL. BED BLUFF— E. Flennon. REDLAND— Fred A. Clark. REDONDO BEACH— Frank Perry. REDWOOD CITY— James T. O'Keefe. REEDLEY — Marion Denwen. REPRIS A— Charles F. Schwilk. REQUA— J. H. Laam. RIALTO— Louise H. Richard. RICHMOND— Mary A. Woods. RICHVALE— George A. Dennison. RIO DELL— H. D. Davis. RIO VISTA— A. R. Price. RIPON — A. R. Magruder. RIVERA— F. H. Tieskoctter. RIVERBANK— R. L. Evans. RIVERDALE^William Becker. RIVERSIDE— William T. Dunsmore. ROCKLIN— Lily Laird. ROHNERVILLE— George Patmore. ROSEVILLE— Arthur R. Green. ROSS— H. B. Field. RUST— A. C. Wagner. SACRAMENTO— S. Luke Howe. SALADA BEACH— Martin H. Law- son. SALINAS CITY— E. Kelly Eohn. SALSIG— Geneva R. Klinke. SAMOA— Frank P. Adams. SAN ANDREAS— Chester E. Nuland. SAN ANSELMO— James C. Michener. SAN ARDO— H. G. Towle. SAN BENITO— Harrby B. Leonard. SAN BERNARDINO— Grant Holcomb. SAN BRUNO— A. Hyde Green. SAN BUENAVENTURA— E. E. Mass. SAN DIEGO— Frank E. Atwood. SAN DUMAS— E. H. Kiefer. SAN FERNANDO— G. W. Switzer. SAN FRANCISCO— Jones, Richard H, Sonntag, Lincoln. Tyson, Robert J. Francee, Charles. Lawrence, M. I. Burnham, Edith. Leister, Henry B. Ballou, Addie L. McCue, Jane F. Ryan, E. B. Brown, J. D. Edelman, Charles. Fugazi, S. B. Brown, H. D. Saiz, Pedro. De Figuerrodo, V. L. Russ, R. R. Stanley, Charles T. Kerrigan, J. J. Brady, Matthew. Holton, Chas. R. SAN FRANCISCO— Continued. Harper, Henrietta. Brusie, M. A. Cantrell, R. J. Hobart, Harriett K. Levy, Eugene W. Denson, H. B. Anderson, L. H. Palmer, Sid. S. Furman, Alfred. Condon, L. H. Lane, Mark. Spencer, Alice. Thomas, Mary L. Cordy, John J. Smith, Ella L. MacDonald, A. H. Lyon, W. T. Tallant, George P. Reith, Charles E. Griffin, Gerald A. Nagle, A. J. Hasty, Anne F. Withoft, T. W. Sullivan, Harry F. Alverson, W. W. Dunlap, Boutwell. Gardner, Hortense. Hail, Leora. Cleveland, Maude J. Aronshon, Martin. Henry, A. J. Doneiin, Genevieve S. Horn, Harry L. Mason, James. Tyrrell, John R. Cook, J. W. Treat, R. B. Burnes, Thomas S. Bauer, Hamilton A. Towne, Percy E. Eggers, O. A. Pyburn, W. H. Duisenberg, Chas. F. Vernon, Howard. Judd, Gertrude M. Reeves, Judson W. Lapachet, B. P. Macomber, Lloyd. Burnett, Lester G. . Hess, W. T. Dibblee, Oliver. Hamilton, Nettie. McCallan, John. Brace, W. A, Cohn, Lyda. O'Connor, -Chas. D. Smith, H. E. W. Hall, Flora. Collins, H. V. Probasco, Geo. H. NOTARIES PUBLIC. 1285 SAN FKANCISCO— Continued. Murphy, John L. Wood, Baldwin. Doherty, Jas. W. Glover, Jas. G. Daggett, A. K. Eichards, D. B. Kennedy, P. J. Sessions, C. B. Oalmann, Julius. Cavalli, Geo. F. Sterling, Mattie G. Laidlaw, Etta. Simi, Hugh T. Trieou, Henry P. Healy, W. W. Bennett, Herbert. Williamson, Chester. Brierly, John J. Hench, George M. Smith, H. T. Cornell, J. R. Canepa, Victor J. Bush, William B. Ford, F. C. Hinds, H. C. Brown, R. M. Munday, Chalmer. Duncan, A. M. Beardeu, Louise. Owen, Frank L. SANGER— W. M. Barr. SAN GREGORIO— Samuel A. Barker. SANITARIUM— J. J. Wessels. SAN JACINTO— B. H. Crow. SAN JOSE— C. E. Kelsey. SAN JUAN— Rosalie L. Faix. SAN JUAN CAPISTRANO— Richard Egan. SAN LEANDRO— Emanuel S. Gomes. SAN LORENZO— George H. Vose. SAN LUCAS- Albert M. Trescony. SAN LUIS OBISPO— C. P. Kaetzel. SAN MARTIN— H. Robinson. SAN MIGUEI^-R. L. Perry. SAN PABLO— Stanley Allen. SAN PEDRO— A. G. Sepalveda. SAN QUENTIN— L. L. Stanley. SAN RAFAEL— George D. Shearer. SANTA ANA— Daniel A. Casey. SANTA BARBARA— E. L. Dreyfuss. SANTA CLARA— Julia Irene Roll. SANTA CRUZ— W. C. Hoffman. SANTA MARGARETA— Oliver S. Sel- lers. SANTA MARIA— T. R. Finley. SAN MATEO— M. J. Conway. SANTA MONICA— E. C. Wells. SANTA PAULA— W. Cloyd Snyder. SANTA ROSA— Clarence F. Lea. SANTA YNEZ— D. S. Brant. SANTA YSABEL^A. Mcintosh. SAN YSIDRA— Lorna D. Campbell. SATICOY— John A. Madison. SATTLEY— F. H. Turner. SAUSALITO— Belle Herzinger. ' SAWTELLE— C. D. Ballard. SAWYER'S BAR— Harry K. Tomkin. SCOTIA— M. Adaline Stewart. SEASIDE— Robert Mann. SEABASTOPOL— A. B. Swain. SEELEY— O. J. Hull. SELMA— D. S. Snodgrass. SESAME— Frieda L. Stahl. SHASTA— Thomas J. Edgecomb. SHERMAN— Thomas Feron. SHINGLE— Will H. Harvey. SHIRLEY— Sylvanus G. Gale, Jr. SIERRA CITY— Joel Champion. SIERRA MADRE— W. S. Andrews. SIERRAVILLE— Fred Blinman. SILVER LAKE— Gustave Brauer. SIMI — Wayne W. Montgomery. SISSON— Henry McGuiness. SITES— J. D. S. Taylor. SMARTSVILLE— A. G. Wheaton. SMITH RIVER— James Brooking. SNELLING— G. B. Neighbor. SOLDIERS HOME— Andrew H. Rod- gers. SOLEDAD — Emilio P. Giaccmazzi. SOLVANG— P. P. Hornsyld. SOMIS— Ray E. Haddock. SONOMA— Robert A. Poppe. SONORA— F. P. Otis. SOQUEL— W. E. Wheaton. SOULSBYVILLE— Garnett T. Barron. SOUTH BERKELEY— R. D. Parish. SOUTH PASADENA— A. C. Ona. SOUTH SAN FRANCISCO— F. A. Cun- ningham. SPENCERVILLE— Robert Shetterly. SPOONVILLE— Thomas S. Marlor. SPRECKELS— L. L. Putnam. STANDISH— Nettie Doyle. STANFORD UNIVERSITY — Eliza- beth A. Wright. STEGE— T. R. McClure. STEUARTS POINT— Archer H. Rich- ardson. STIRLING CITY— A. J. Storey. ST. HELENA— H. E. Randall. STEVINSON— David Larson. STOCKTON — George- W. Leistner. STONE CANYON— I. S. Slade. STONYFORD— A. D. Welton. STRATHMORE— E. E. Ridgway. SUGAR PINE— G. L. Woodson. SUISUN— E. D. Holly. SUMMERLAND— O. D. Payne. SUNLAND— William H. Nance. SUNNYSIDE— Charles C. Devert. 1286 hillyer's legal manual. SUNNYVALE— Alexander E. Sim. SUNOL—^Charles Trinningham. SUSANVILLE— W. G. Culbreth. SUTTER CITY— Sidney Mudgett. SUTTER CREEK— Minnie Provis. TAFT— Jean Bondie. TAHOE— Charles W. Nelson. TALLAC— Charles G. Celio, Jr. TALMAGE— Charles E. Wilson. TEHACHAPI— Philip Marx. TEHAMA— Geo. C. Simpson. TEMECULA— A. J. Eseallier. TEMPLETON — Leonard E. Quarn- storm. TERALTA— O. T. Moore. TERRABELLA— F. C. Rickey. THALHEIM— Norman B. Clarke. THERMAL— W. Moffatt Curry. TIBURON— A. F. Green. TILDEN— H. F. Springer. TIPTON— Laura M. Gwillin. TOLLHOUSE— J. E. Bretz. TOMALES^H. P. Bostick. TOPAZ— W. W. Cunningham. TOWLE— W. P. Sowden. TRACY — Parks Lewis Hutchinson. TRANQUILLITY— Richard Fush. TRES PINOS— L. Thornton. TRIMMER— C. N. Maxson. TRINIDAD— Thomas T. Tighe. TROPICO— N. C. Burch. TRUCKEE— C. F. McGlashan. TULARE— Hazel B. Ray. TUOLUMNE— John Bates. TURLOCK— William I. Titris. TUSTIN— Fred S. Coverrier. TWAIN— H. G. Porter. URIAH- E. L. Waldteufel. UPLANDS— A. H. Lawrence. UPPER LAKE— Amos Ogden. URBAN— J. C. Weybright. VACAVILLE— R. H. Piatt. VALLEJO— Wade H. Madrenz. VALLEY FORD— A. M. J. Badasci. VALLEY SPRINGS— Walter Holmes. VALONA— J. Emil Petersen. VAN NUYS— Lewis E. Bliss. VENICE— John W. Armstrong. VENTURA— Charles Barnard. VETERANS' HOME— Albert Brown. VICTORVILLE— H. J. Martin. VIDAI^H. R. Brownell. VINA — Walter Henderson. VISALIA— C. L. Bradley. VISITACION VALLEY— Romie Bur- nett Hutchison. VISTA— F. B. Richardson. VISTA GRANDE— Ellis C. Johnson. VOLCANO— Grace H. Ross. WALLACE— Reginald Dixon. WALNUT— Richard S. Persons. WALNUT CREEK— J. M. Stowe. WALNUT GROVEr— John S. Brown. WANAMUCA— M. W. Woodward. WASCO— H. E. Schmidt. WATERFORD— A. D. Cowden. WATSONVILLE— J. E. Gardner. WATTS— Frederick J. Rorke. WEAVERVILLE— H. R. Gwen. WEED— L. M. Hobson. WESTGATE— J. Marion Hill. WESTMINSTER— Alt Burlingame. WESTMORELAND— G. T. Wellcome. WEST POINT— Arthur R. Wilson. WESTVILLE— James G. Dodds. WHEATLAND— Minnie F. Anderson. WHITE RIVER— John C. Danner. WHITMORE— Mary Sheridan. WHITTIER^S. W. Barton. W^ILLIAMS— J. W. Crutcher. WILLITS— E. M. Whitney. WILLOWS— Elma Knock. WILLOW RANCH— Clara D. Strib- ling. WILMINGTON— Don C. Fohl. WINDSON— H. N. N. Latimer. WINTERS— Roy F. Wyatt. WINTHROP— E. A. Wilson. WINTON— A. L. Fast. WOODBRIDGE— J. H. Solkmore. WOODLAKE— Jessie Webb. WOODLAND— W. H. Grant. WOODSIDE— Andrew A. Neuman. WRIGHTS— W. H. Aiken. YERMA— J. M. Ullom. YOLO— L. W. Millsap. YORBA LINDA— Joseph N. Vanstrom. YORKVILLE— T. L. Hiatt. YOSEMITE— Nelson L. Salter. YOSEMITE VALLEY— W. D. Thorn- ton. YOUNTVILLE— Edward C. Starkey. YREKA— L. T. Coburn. YUBA CITY— Lawrence Schillig. ZABRISKIE— Hugh Eraser. ZUCAIPA— -E. M. Boyd. ATTORNEYS AT LAW. 1287 ATTORNEYS AT LAW. (From "Martindale's Directory" by Permission.) ALAMEDA, Alameda Co.— Berlin, F. A. Harrison, E. Henry, James, H. K. Johnson, E. E. Otis, E. M. St. Sure, A. F. Stone, Byron F. Tappan, R, B., Judge. Taylor, E. K. Taylor, M. S. Hynes, W. H. L. ALHAMBRA, Los Angeles Co.— Northrup, Wm. M. Pitzer, Sloane. ALTURAS, Modoc Co.— Baldwin, C. S., Dist. Atty. Bonner, E. C, Jamison & Wylie. Cornish & Robnett. Jamieson & Wylie. Raker, C. A., Supr. Judge. Shartel, A. F. Stewart, J. H. Rayer, J. E. ANAHEIM, Orange Co.— Ames, H. G. Melrose, Richard. Spencer, F. C. Tipton, W. S. Weissel & Dutton. ANGELS CAMP, Calaveras Co.— Snyder & Snyder. ANTIOCH, Contra Costa Co.— Abbott, J. P. Hartley, A. C. Ward, Matt. ARBUCKLE, Colusa Co.— McMullen, Chas. C. ARROYO GRANDE, San Luis Obispo Co.— Emmert, J. M. ARTESIA, Los Angeles Co.— Randall, Jay E. AUBURN, Placer Co,— Chamberlain, L. L. Fulweiler, Jno. M. Hamilton, Geo. W. Lardner, W. B. Lowell, A. C. Lukens, G. E. Prewett, J. E., Supr. Judge. Prewett, W. J. Robinson, A. K. Slade, W. H. Tabor, B. P. AUBURN, Placer Co.— Continued. Tuttle, Chas. A., Dist. Atty. Tuttle, F. P. Jr. Tuttle & Tuttle. AVALON, Los Angeles Co. — Stone, Chas. B. BAKERSFIELD, Kern Co.— Allen, T. E. Beaizley, W. B. Bennett, P. W., Supr. Judge. Borton, F. E. Brittain, E. F. Campbell, J. G. Clafin, C. L. Donovan, James. Dorsey, J. R. Emmons, E. J. Flournoy, Geo. Foster, E. L. Hamilton, C. C. Hastin, W. C. Irwin, Rowen. Kaye, W. W. McNamara, T. M. Mahon, J. W., Supr. Judge. Owen, Erwin W. Platz, M. S., City Atty. Scott, Thomas. Scott, Thos., Jr. Sears, C. N. Siemon, Alfred. Theile, Wm. Whitaker, G. E. BANNING, Riverside Co.— Wing, Geo. L. BEAUMONT, Riverside Co.— Atkins, C. L. Smoot, Kenneth R. White, W. S. BENICIA, Solano Co.— Cronin, J. R. Stevens, C. P. Stevens, J. S. BERKELEY, Alameda Co.— Atkinson, P. H. Bell, R. B. Brunk, H. W. Gary, P. M., Dep. Dist. Atty. Conklin, N. E. Cox, W. L. Dorn, F. W. Edgar, Robt. Elston, J. A. Ettinger, W. L. Graber, Thomas F. Greene, B. D. M. 1288 HILLYER S LEGAL MANUAL. BERKELEY, Alameda Co.— Continued. Haight, Geo. W. Hughes, G. L. Keyes & Martin. Koford, J. M. Light, John E. Minor, Wm. O. Nichols, E. E. O'Neil, J. M. Reed, T. D. Rice, S. J. Staats, Redmond C. Waste, W. H., Judge Supr. Ct. Wiley, Harley R. BIEBER, Lassen Co.— Bieber, N. BIGGS, Butte Co.— Carnduff, Frank F. BISHOP, Inyo Co.— Forbes, P. W. Hall, L. C. Smith, White. Swallow, A. H. BODIE, Mono Co.— Hakes, O. F. BRAWLEY, Imperial Co.— Birkhauser, Frank. Sebille, A. L. BRIDGEPORT, Mono Co.— Hays, C. L. Murphy, J. D., Supr. Judge. Parker & Parker. BURLINGAME, San Mateo Co.— Davis, John F. CALEXICO, Imperial Co.— Willard, F. P. CALTSTOGA, Napa Co., Billings, Addie M. Billings, E. M. Billings, M. E. Clark, Reese. CAMBRIA, San Luis Obispo Co.— Franklin, B. H. CARMEL, Monterey Co.— Newberry, F. D. CARRVILLE, Trinity Co.— Rose, M. P. CARTERS, Tuolumne Co.— Clayton, C. A. CEDARVILLE, Modoc Co.— Wylie, James. CENTERVILLE, Alameda Co.— Mattos, J. G. Jr. Miekle, B. C. CHICO, Butte Co- Bond, Lon. Crowder, C. L. CHICO, Butte Co.— Continued. Eggers, L. F. Hays, W. K. Henshaw, Park, Kennedy, G. R. Le Rosignol, G. F. Lusk, F. C. Nunn, S. J. Stebbins, Franklin F. Stilson, C. L. White, R. CHULA VISTA, San Diego, Co.— McCullough, J. H. Smith, E. T. CLAREMONT, Los Angeles Co.— Sanford, E. H. COALINGA, Fresno Co.— Crozier, H. R. Richmond, Hy. S. COLEVILLE, Mono Co.— Watkins, R. G. COLMA, San Mateo Co.— Brown, H. W. COLTON, San Bernardino Co.— Donovan, O. H. Hert, M. O., City Atty. McHargue, Robt. COLUSA, . Colusa Co.— . Albery, H. M., Judge. Arnold, P. B. Brown, U. W. Goad, J. W. King, Alva A. Maddux, J. W. Millington, S. Ragain, Ben. Rutledge, Thos. Weyand, Ernest. Zumwalt, I. G. CORONA, Riverside Co.— Clayson, Walter S. Freeman, G. R. Kelly, Loyal C. Stahl, H. K. CORONADO, San Diego Co.— Titus, Harry L. COVELO, Mendocino Co.— Rohrbough, Carter W. COVIN A, Los Angeles Co.— Pence, A. M. CRESCENT CITY, Del Norte Co.- Childs, J. L., Supr. Judge. Hersch, E. C. Howe, G. W. McNulty, James. Webb, G. A. ATTORNEYS AT LAW. 1289 DALE, San Bernardino Co. — Pierson, T. B. DEHESA, San Diego Co.— Owen, J. M. DINUBA, Tulare Co.— Chase, J. A. Edwards & Smith. Green, T. E. DIXON, Solano Co.— Marshall, F. F. DORRIS, Siskiyou Co.— Burns, Mark L. DOWNEY, Los Angeles Co.— Ardis, J. H. Rives, J. C, Judge Supr. Ct. DOWNIEVILLE, Sierra Co.— Hunt, James F. Smith, S. A., Supr. Judge. Wehe & Redding. DUNSMUIR, Siskiyou Co.— Garret, W. Ross. DUTCH FLAT, Placer Co.— Sowden, W. P. EL CENTRO, Imperial Co.— Birkhauser, Frank. Brown, C. L. Carson, Walter W. Cole, Franklin J., Supr, Judge. Conklin & Brown. Cox, W. E. Eshelman & Swing. Glassford, Jas. W. Hawkins, Chas. Larew, J. S. Noland, D. V. Ross, J. S. Shaw & Dyke. Sprague, Walter H. Wilson, W. I. ESCONDIDO, San Diego Co.— Malcolm, J. D. ETNA MILLS, Siskiyou Co. Marx, Martin. EUREKA, Humboldt Co.— Burnell, J. S. Burnell, L. M. Cairnes, J. J. Campbell, E. P. Connick, Clifton H., Supr. Judge. Coonan & Kehoe. Dickson, W. E. Ford, H. L. Frost, E. M. Gregor, Otto C. Hadley, W. T. S. Hill, A. W. Hunter, Geo. W. Kennedy, J. L. EUREKA, Humboldt Co.— Continued. Mahan & Mahan. Melendy, Jno. M. Monroe, A. J. Murray, Geo. D., Supr. Judge. Newett, K. Jr. Puter, L. F. Quinn, Irwin O. Quinn, J. F. Rolley, Geo. F. Ryan, Edw. J. Ryan, Pierce H. Sevier, D. Thatcher, A. J. Walling, Ernest. Way, A. W. Weaver & Clybourne. Wilson, E. W. FAIRFIELD, Solano Co.— Buckles, A. J., Supr. Judge. Devlin, R. Frank. Goodell, B. J. Goodman, W. U. Gregory, T. T. C. Harlan, Paul C. Hunnewell. R. F. Mclnnis, F. C. Raines, Joseph M., Dist. Atty. FERNDALE, Humboldt Co.— Blackburn, A. W. Hiller, B. F. FORT BRAGG, Mendocino Co.— Iverson, M. H. Peirsol, J. K. FORT JONES, Siskiyou Co.— Wetzel, Jacob P. FORTUNA, Humboldt Co.— Monroe, Harry P. FOWLER, Fresno Co. — Heubner, Francis C. Sprouse, J. W. FRESNO, Fresno Co.— Aitken, Irving P. Austin, H. Z., Supr. Judge. Barnard & Watters. Barnhill, Wm. A. Bernhard, J. P. Bonestell, C. K. Brewster, A. L. Briggs, Herbert F., Pol. Judge. Brown, F. W. Burns & Watkins. Carter, Royle A. Cartwright & Cashin. Church, Denver S., Dist. Atty. Church, Geo. E., Supr. Judge. Conn, W. A. Cook, F. E. Cory, L. L. 1290 HILLYER'S LEGAL MANUAL. FRESNO, Fresno Co.— Continuer]. Cosgrave, Geo. Cram, Willard G. Crichton, W. D. Curtin, Frank A. Dearing, Milton M. Drew & Drew. Dyar, Guy Ed. Edwards, E. D. Everts & Ewing. Ferguson, W. E. Fleming, William S. Foote, W. D. Gallagher, James. Gallagher, M. G. Graham, G. B. Harris, E. M. Harris, M. B. Harris, M. K. Hughawont, W. H. Hawson, Hy. Hayden, U. Grant. Hayhurst, L. B. Huebner, Francis C. Ingersoll, Thos. D. I. Johnston & Jones. Kauke, Frank. Kittrell, J. R. Klette, Ernest, City Atty. Lraning, Frank. McCormick, M. F., Dep. Dist. Atty. Martin, G. V. Ohonessian & Ohonessian. Reid & Jackaberry. Risley, E. W. Shishmarrian, John A. Short, F. H. Smith, L. H. Snow & Freeman. Sprouse, J. N. Strother & Aynesworth. Sutherland & Barbour. Thompson, W. P. Thomson, T. R. Traber & South. Tupper, H. C. Van Meter & Thedieek. Wallace, Miles. Warlow, Geo. L. Webb, J. R. Welsh, H. H. Williams & Beaumont. Winne, D. T. FRUITVALE, Alameda Co.— Rees, J. W. FULLERTON, Orange Co.— Allen, C. R. McFadden, T. L. Marks, E. J. GILROY, Santa Clara Co.— Crawford, E. D. Fitzgerald, W. G. GLENDALE, Los Angeles Co.— Baker, Fredk. Blodgett, Rush M. Dell, Sidney. Goode, R. E. McNutt, P. S. GLENDORA, Los Angeles Co.— Bidwell, Rolfe B., City Atty. GRASS VALLEY, Nevada Co.— Dibble, S. T. Hennessy, Jno. T. Jones, G. L., Supr. Judge. Larue, L. P. Mulroy, Jno., J. P. Snell, James. GRIDLEY, Butte Co.— Corkin, E. J. King, J. R. Long, R. C. GUERNEVILLE, Sonoma Co.— McGuffin, L HANFORD, Kings Co.— Brown, H. P. Cosper, E. T. Covert, J. G., Judge. Cunningham, F,, Supr. Ct. Clk. Irwin, J. L. C. Jacob, H. S. - Kilpatrick, F. E. McQuiddy, W. R. Miller, R. W. Phillips, D. L. Pryor, J. F. Russell, J. C. C. Short, M. L. HAYWARDS, Alameda Co.— Lemos, F. I. Murphy, T. M. HEALDSBURG, Sonoma Co.— Coffman, J. T. McConnell, F. W. Norton, E. M. Rose, J. W. HEMET, Riverside Co.— Clayton, J. M. Dukes, H. S. Moody, C. R. HENLEY, Siskiyou Co.— Barry, Raymond. HOLLISTER, San Benito Co.— Agnew, Gilmore. Bishop, R. P. Briggs, N. C. ATTORNEYS AT LAW. 1291 HOLLISTER, San Benito Co.— Con- tinued. Dooling, M. T., Supr. Judge. Hudner, John L. Jean & Moore, O'Donnell, Thos. E. Scott, H. W. Shaw, A. D. HOLLYWOOD, Los Angeles Co.— Helms, W. T. Herndon, W. F. Merrill, A. E. Morsman, W. W. Patterson, A. T. Winterer, E. HOLTVILLE, Imperial Co.— Griffin, James W. Hunter, E. E. Johnson, Edwin L. HUGHSON, Stanislaus Co.— Wickizer & Wickizer. HUNTINGTON BEACH, Orange Co.— Wettlin, David G. IMPERIAL, Imperial Co.— Brewer, H. W. Dyke, H. N. Farr, J^'. C. McPherin & Nichols. Shaw, G. H. P. INDEPENDENCE, Inyo Co.— Clark, Wm. J. Dehy, W., Judge Supr. Ct. Lamar, W. A. Scherer, Frank C. Wandell, Ben. H. Forbes, P. W. INGLEWOOD, Los Angeles Co.— Bloodgood, F. H. Ellis, L. B. INYO, Inyo Co.— Hays, Chas. L. IRVINGTON, Alameda Co.— Mattos, J. G. Jr. Poxvey, Thos. J. JACKSON, Amador Co.— Bole, R. C. Caldwell, J. W. Caminetti, A. Huberty, J. R., Co. Clk. McGee, W. J. Rose, W. L. Snyder, W. G., Dist. Atty. Spagnoli, D. B. Spagnoli, Ernest D. Vincini, C. P. JAMESTOWN, Tuolumne Co.— Peters, C. M. C. KELSEYVILLE, Lake Co.— Hunt, W. E. KENNETT, Shasta Co.— Donnelly, Harry. LA JOLLA, San Diego Co.— Mills, A. P. LAKEPORT, Lake Co.— Churchill, H. B. Crawford, C. M., Dist. Atty. Crawford, W. Keeling, H. V. Mclntire & Jourdain. Sayre, M. S., Supr. Judge. Witherspoon, H. E. Rigby, W. LA MESA, San Diego Co.— Stewart, N. A. Welch, Lester D. LANCASTER, Los Angeles Co.— Alston, L. C. LEMOORE, Kings Co.— Erlanger, Edw. Shore, G. E. Walker, F. J. LINDSAY, Tulare Co.— Conner, D. M. Fuller, J. T. LIVERMORE, Alameda Co.— Clarke & Clarke. Wood, Carl F. LODI, San Joaquin Co. — Ferdun, W. E. Percival, O. E. J. Steele, G. M. LOMPOC, Santa Barbara Co.— Bayley, B. F. Frick, J. F. Hardenbrook, C. Kelly. Meals, G. W. LONE PINE, Inyo Co.— Chilstrom, P. O. LONG BEACH, Los Angeles Co.- Bachman, G. L. Barker, S. G. Clock & Harriman. Cox, H. L. Daly, James. Daly, J. E. Denio & Hart. Downs, W. F. Haskell, Herbert M. Jones, Chas. D. Julian, W. B. Kapp, G. W. Knight, F. A. Lawson, A. C. Long, Hight &.Hoodenpyl. 1292 hillyer's legal manual. LONG BEACH, Los Angeles Co.— Con- tinued. Roberts, James J. Skinner, Geo. A. Snodgrass, R. L. Spicer, Geo. M. Underwood, Homer S. Whealton, L. R. LOS ANGELES, Los Angeles Co.— Abbott, A. J., 358 So. Spring St. Abbott, W. G., Temple Bldg. Ackerman, C. M., BuUard Blk. Adair, J. A., Amer. Bk. Bldg. Adams, D. M., Pacific Elec. Bldg. Adams, E. G., Copp Bldg. Adams, Frank S., Story Bldg. Adams, Geo. W., Central Bldg. Adams, Geo. P., Bullard. Adams, Adams & Binford. Adank, E. G., Capp Bldg. Adcock, Edw. G., Capp Bldg. Adcock, Robt. J., Bullard Bldg. Adler, Max, Wilson Bldg. Albee, Merton, Central Bldg. Alderson, Wm. A., Mchts. Tr. Bldg. Allen, Alfred W., Union Oil Bldg. Allen, Carroll, Title Ins. Bldg. Allen, E. Lee, 315 So. Hill St. Allen, M. T., Appl. Ct. Judge. Allen, W. S., Title Ins. Bldg. Allen & Brown, Exchange Bldg. Allender, F. W., Hellman Blk. Aim, A. G., Higgins Bldg. Amend & Amend, Story Bldg. Anderson, Louis A. Anderson & Anderson, Stimson Bldg. Andrevv^s, Lewis W., Union Oil ! Bldg. Andrews, W., California Bldg. Angell, H. J., Security Bldg. Angier, Iva J., Mer. Tr. Bldg. Appel, H. H., Bullard Blk. Arehbald, H. R., Citizens' Bk. Bldg. Archer, A. T., H. W. Hellman Bldg. Archej, R. T., Security Bldg. Archer, T. R., Mason Bldg. Ardis, J. H., Bullard Bldg. ' Armstrong, M. M., 122 W. 3d St. Arnold & Heatherby, Higgins Bldg. Arnoldy, Fred N., Title Ins. Bldg. Arnoldy & Rosecrans,. Title Ins. Bldg. Ashburn, A. W. Jr., Pacific Elec. Bldg. Atherholt, A. H., Capp Bldg. Atkinson, Chas,, International Bk. Bldg. Austin, F. C, Bullard Bldg. Avery, Russ, Laughlin Bldg. LOS ANGELES, Los Angeles Co.— Continued. A. T. Santa Fe Legal Dept., Kerckhoff Bldg. Avery & French, Suite 632, Laugh- lin Bldg. Bacon, E. E., 207 New High St. Bagley, C. L., Exchange Bldg. Bailie, Norman A., Title Ins. Bldg. Bainbridge, C. R., Amer. Bk. Bldg. Baird & Gerecht, Fay Bldg. Baker, Arthur G., Higgins Bldg. Baker, Fred., International Bk. Bldg. Baker, Ivan C, Laughlin Bldg. Ball, Thomas, Amer. Bk. Bldg. Ballard, .J. W., Douglas Bldg. Balmer, Benjamin, 405 So. Hill St. Bandini, Ralph, Title Ins. Bldg. Bank, Chas. A., Title Ins. Bldg. Banks, G. E., 1423 Carroll Ave. Barber, E. T. Jr., Tajo Bldg. Barclay, H. A., Frost Bldg, Barker, Donald, Title Ins. Bldg. Barneo, E. M., Thorpe Bldg. Barne^i, LeRoy D., Mchts. Tr. Bldg. Barnum, 0. S., Byrne Bldg. Barr, Levi D., Capp Bldg. Barry, Edmund D., Tr. & Sav. Bk. Bldg. Barstow, Alfred, H. W. Hellman. Barstow, H. M., Mchts. Tr. Bldg. Bartlett, Alfred L., Cham, of Com. Bldg. Bassett, Wilbur, Title Ins. Bldg. Batcheller, Chas. L., Security Bldg. Batzer, F. J., Broadway & Frank- lin St. Beach, S. E., California Bldg. Beach, W. H., Title Ins. Bldg. Beach & Petchner, Title Ins. Bldg. Beardsley, John, Title Ins. Bldg. Bearman, Wm. W., California Bldg. Bechtel, N. B. Becker, Tracy C, H. W. Hellman Bldg. Beckett, Jas. R. Beckham, G. F., Bullard Bldg. Beebe, George B., Douglas Bldg. Beecher, Daniel, Equitable Bk. Bldg. Behymer, Craig & Geoffrion, Bry- son Bldg. Bell, Jas. W., Asst. Co. Pros. Atty. Benedict, H. Stanley, 353 So. Hill St. Bennett, Jas. S., Hibernian Bldg. Benoist, Charles, Pac. Elec. Bldg. Benson, P. F., Severance Bldg. ATTORNEYS AT LAW. 1293 LOS ANGELES, Los Angeles Co.— Continued. Bentley, Ed. H. Bentley, G. W., Title Ins. & Tr. Bldg. Berkebile, Thos. A., Higgins Bldg. Bernhart, A. M. Berry, E. D. Bicksler, W. Scott, Title Ins. Bldg. Bicksler, Bennett, Dana & Blount, Title Ins. Bldg. Bilby, John E., Coulter Bldg. Binford, F. L., Lankershim Bldg. Binford, Lewis B., Central Bldg. Birehby, H. B. Bishop, Edw. T., Coulter Bldg. Bishop, J. E. Bittner, John H, Blackstock, N., Title Ins. Bldg. Blair, E. W., Dep. Dist. Atty. Blair, I. D., 129 No. Main St. Blakely, W. T., Henne Bldg. Blakeslee, E. I., Mason Opera Bldg. Blanchard, J. H., Temple Bldg. Blodget & Watkins, Stimson Bldg. Blumberg, David, San Fernando Bldg. Blythe, Minor L., Title Ins. Bldg. Boden, George A., California Bldg. Boland, W. P., Higgins Bldg. Bole, U. H. Borden, Frank L., Ferguson Bldg. Borden, Sheldon, Stimson Bldg. Bordner, E. O., Tr. Bldg. Bordwell, Walter, Supm. Judge. Bowen, Wm. a., Title Ins. Bldg. Bowen, W. M., Coulter Bldg. Bower, E. C, Hibernian Bldg. Bower, E. C, Jr., Hibernian Bldg. Bower, Leland S., Hibernian Bldg. Bowers, Walter L., Story Bldg. Bowman, D. E., Mason Bldg. Bowring & Hill, California Bldg. Boyer & Beach, California Bldg. Boys, John E., California Bldg. Bradner, B. J., Security Bldg. Brady, E. L., Stimson Bldg. Brady, J. L., Stimson Bldg. Breckenridge, John H., H. W. Hell- man. Breeze, C. Dean, Hibernian Bldg. Bretherton, C. H., H. W. Hellman Bldg. Bridges, H. F., Cham, of Com. Bldg. Britt, E. W., Title Ins. Bldg. Brooks, Luke B., Central Bldg. Brown, Edw. J., Bullard Blk. Brown, Edgar K., Consolidated Eealty Bldg. Brown, Henry, Exchange Bldg. LOS ANGELES, Los Angeles Co.— Continued. Brown, Lewis H., Citizens' Bk. Bldg. Brown, Luther G., California Bldg. Brown, Nat., Pac. Elec. Bldg. Brown, J. F. Bruster, F. M., Title Ins. Bldg. Bull, I. W., Central Bldg. Bulla, R. N., H. W. Hellman Bldg. Buren, Frank, 129V2 W. 1st St. Burke, Edmund B., Tr. & Sav. Bldg. Burke, W. M. Burnell, C. S., Coulter Bldg. Burnett, F. W., Citizens' Nat. Bk. Bldg. Burr, C. R., Cal. Bldg. Burnham, J. E., Bullard Bldg. Burrey, D. C, Bryson Bldg. Burris, J. T., Eet. Bush, George B., H. W. Hellman Bldg. Bush, Samuel T., Pac. Elec. Bldg. Buswell, George W. Butler, W. W., Amer. Bk. Bldg. Butterfield, H. K. Byrer, C. W., Higgins Bldg. Byrer & Monyeleone. Caldwell, A. A., Stimson Bldg. Call, J. H., Mchts. Tr. Bldg. Callahan, Jos. W,, Higgins Bldg. Camp, E. A., Kerckhoff Bldg. Campbell, Bert, Title Ins. Bldg. Campbell, K. B., California Bldg. Campbell, Thompson & Campbell. Campbell & Moore, 920 ^^ Security Bldg. Cannon, L. D., Higgins Bldg. Cardwell, L. L., 238 W. 1st St. Carpenter, Ingle, California Bldg. Carpenter, Samuel L., H. W. Hell- man Bldg. Carrick, E. V., Bullard Bik. Carrigan, J. W., Thorpe Bldg. Oarson, John E., 511-519, Wilcox Bldg. Carter, Dan F., Douglas Bldg. Carter, 0. B., Equitable Bk. Bldg. Carter, Kirby & Henderson, Equi- table Bk. Bldg. Case, Thomas K., Mchts. Tr. Bldg. Casebeer, A. J., H. W. Hellman Bldg. Cass, Phil., Story Bldg. Caswell, C. C. Cates, A. M., Bradbury Bldg. Cattern, F. A., Mason Opera Bldg. Ceruti, E. Burton, 500 Thorpe Bldg. 1294 HILLYER'S LEGAL MANUAL. LOS ANGELES, Los Angeles Co.— Continued. Chamberlain, Harry A., Security Bldg. Chambers, Wm., Wilcox Bldg. Chambers & Davis, Wilcox Bldg. Chandler, Chas. L., Exchange Bldg. Chandler, J. Paul, Title Ins. Bldg. Chapman, L. M., Coulter Bldg. Chapman, Ward, Coulter Bldg. Chase, Chas. W., 403 Wright Bldg. Chase, L. K., Title Ins. Bldg. Chase & Campbell, Title Ins. Bldg. Chase, Overton & Lyman, Wright & Callender Bldg. . Chase, Ealph A., Security Bldg. Chavez, E. V., Lankershim Bldg. Chellis, Burt, Higgins Bldg. Cheney, H. D., Central Bldg. Cheney, W. A., 645 So. Hill St. Cheroske, S. L., Douglas Bldg. Chesbro, Ray L., Bryson Bldg. Choate, Jas. Roy, Exchange Bldg. Choate, F. M. C, City Jail Bldg. Clairborne, Len, Wilson Bldg. Clapp, R. W., Exchange Bldg. Clark, James P., Grant Bldg. Clark, Oliver O., H. W. Hellman Bldg. Clark, W., Los Angeles Title, Tr. & Ins. Bldg. Clarke, George, Higgins Bldg. Clarke, Lucien J., Security Bldg. Clarke, Willard, 207 New High St. Clawson^ L. E., Exchange Bldg. Clewett, Howard S., Grant Bldg. Clotfelter, U., Kerckhoff Bldg. Cobb, V. J., Ferguson Bldg. Coberly, J. E., California Bldg. Cochran, J. W., Higgins Bldg. Coil, E. B., Title Ins. Bldg. Cole & Cole, Lankershim Bldg. Coleman, Wm., Higgins Bldg. Collier, Frank C, H. W. Hellman Bldg. Collier & Clark, 811 H. W. Hell- man Bldg. Collins, H. O., San Fernando Bldg. Collins, Wallace, Cham, of Com. Bldg. Congdon, R. P., Central Bldg. Conrey, N. P., Supm. Judge. Cook, G. P., Delta Bldg. Copp, A. J. Jr., Capp Bldg. Coverly, John, Title Ins. & Tr. Bldg. Coyne, D. Joseph, Laughlin Bldg. Coyne & Coyne, Laughlin Bldg. Craig, C. Elliott, Bryson Bldg. Craig, Gavin W., Supr. Judge. Craig, J. C, Bullard Bldg. LOS ANGELES, Los Angeles Co.— Continued. Craig, Volney H., Union Oil Bldg. Craig, William T., 731 Higgins Bldg. Crandall, Earl E., Amer. Bk. Bldg. Crawford, Clarence H., Story Bldg. Crawford, U. J., Byrne Bldg. Crawford, Samuel J., Interna- tional Bk. Bldg. Crawford, Wm., Bullard Bldg. Crawford, W. K., Ferguson Bldg. Creed, J. W., Douglas Bldg. Creighton, Telfair, Grosse Bldg. Crenshaw, Loreno, H. W. Hellman Bldg. Crouch & Crouch, Laughlin Bldg. Crowe, Frank A., Mchts. Tr. Bldg. Cruickshank, Lewis, Ferguson Bldg. Crump, Guy R., Title Ins. Bldg. Crutchcn, Albert, 718 Pac. El. Bldg. Cryer, G. E., Merchants Trust Bldg. Cryer, Geo. W., Asst. U. S. Dist. Atty. Culver, C. F., Union League Bldg. Culver, Richard J., Stimson Bldg. Culver & Allen, H. W. Hellman Bldg. Danziger, J. M., Security Bldg. Darden, C. S. (colored), Bryson Bldg. Darlington, Barton, Wilcox Bldg. Davidson, J. M., Mason Opera Bldg. Davies, W. H., Citizens' Natl. Bk. Bldg. Davis, A. E., 326 W. 3d St. Davis, Charles C, Wilcox Bldg. Davis, Charles S., Ferguson Bldg. Davis, F. E., Higgins Bldg. Davis, Geo. R., Security Bldg. Davis, Judson M., Grant Bldg. Davis, W. J., Bullard Bldg. Davis, Webster, Frost Bldg. Davis, Kemp & Post, Grant Bldg. Davis & Rush, 600 Bryson Bldg. Day, Wm. C, Byrne Bldg. Dean, Harry E.," -Title Ins. Bldg. De Garmo, G. Curtis, Title Ins. Bldg. De La Matyr, T. E., Byrne Bldg. De La Monte, J. H. Higgins Bldg. Deering, H. L., Exchange Bldg. Dehm, Wm. H., California Bldg. Delvan, G. E. Jr., German Bldg. Delmas & McPike, Tr. & Sav. Bldg. Del Vale, R. F., Lankershim Bldg. ATTORNEYS AT LAW. 1295 LOS ANGELES, Los Angeles Co.— Continued. Denis & Lowenthal, Wilcox Bldg. Dennis, A. E., Fay Bldg. Dennison, Edw. Dennison, John, Higgins Bldg. Desmond, Walter J., Consolidated Realty Bldg. Dexter & Ellis, 404 Grosse Bldg. Dillon, Henry C, International Bk. Bldg. Dillon, Jas. D., H. W. Hellman Bldg. Dillon, Richard J., Douglas Bldg. Dockweiler, Isidore B,, Douglas Bldg. Dodge, W. W., Hall of Records. Dodson, P. F., California Bldg. Doherty, Frank B., California Bldg. Dominguez, F. E., California Bldg. Donley, C. C. Donnell, B., Citizens' Natl. Bk. Bldg. Donnell, Homer, Citizens' Natl. Bk. Bldg. Donnell, J. A., Title Ins. Co. Bldg. Dougherty, P. B., California Bldg. Downing, G. E., Wilcox Bldg. Downing, Jos. Oscar, H. W. Hell- man Bldg. Doyle, W. P., Title Ins. Bldg. Drake, E. B., Title Ins. Bldg. Dryer, Geo. W., Amer. Bk. Bldg. Duffv, Sidney F., H. W. Hellman Bldg. Dufur, J. F. Duggan & Wisdom, Cham, of Com. Bldg. Duncan, Boaz, Wilcox Bldg. Duncan, H. B., Higgins Bldg. Duncan, H. W,, International Bk. Bldg. Duncan, W. W. Dunlap, F. E., Cham, of Com. Bldg. Dunlea, J. M., 2026 Fifth Ave. Dunnigan, H. L., Coulter Bldg. Dunnigan, R. A., Exchange Bldg. Dyer, Trusten P., Higgins Bldg. Dysert, Walter V., Homer Laugh- lin Bldg. Earle & McLaughlin, Delta Bldg. Eckman, Arthur W., California Bldg. Eckman & Hill, Higgins Bldg. Eddie, G. W., 326 W. 1st St. Edgerton, Calvin, 334 No. Boyle Ave. LOS ANGELES, Los Angeles Co.— Continued. Edmonds, Douglas L., Laughlin Bldg. Edwards, A. J., Douglas Bldg. Edwards, Le Roy M., H. W. Hell- man Bldg. Ellis, A. M., Coulter Bldg. Ely, Glen M., Tr. & Sav. Bldg. Emberson, A. L., International Bk. Bldg. Enns, C. M., Higgins Bldg. Ensign, E. J., H. W. Hellman Bldg. Enyeart & Holton, California Bldg. Esrey, D. R. Evans, Charles L., California Bldg. Evans, David, Douglas Bldg. Evans, W. E., H. W. Hellman Bldg. Eyer, C. B., 342 Consolidated Realty. Fairall, R. C, Citizens' Natl. Bk. Bldg. Fairbanks, F. C, Exchange Bldg. Fall, L. M., Frost Bldg. Farmer, E. L., Title Ins. & Tr. Co. Bldg. Farrow, W. W., Wilcox Bldg. Fellows, F. W., Exchange Bldg. Ferguson, M. M., Exchange Bldg. Ferguson, P., Douglas Bldg. Fette, Fred, International Bk. Bldg. Finch, J. C, Title Ins. Bldg. Finkenstein, M. J., Mchts. Tr. Bldg. Finlayson, F. G., Supr. Judge. Fish, Howard J., H. W. Hellman Bldg. Fisher, W. W., H. W. Hellman Bldg. Fiske, Jerome, California Bldg. Fitz Gerald & Barry, Tr. & Sav. Bldg. Fleming, A. P. Central Bldg. Fleming, E. J., H. W. Hellman Bldg. Fleming, J. L., Frost Bldg. Fleming, M. A., Fav Bldg. Flint, Frank P., Title Ins. Bldg. Flint, Grav & Parker, 1020 Title Ins. Bldg. Flores, A. J., Delta Bldg,. Folev, John H., Stimson Bldg. Foltz, Clara S., Mchts. Tr. Bldg. Forbes, Frank S., J. P., Court House. 1296 hillyer's legal manual. LOS ANGELES, Los Angeles Co.— 'Con;tinued. Ford, W. F., Story Bldg. Ford, Wm. J., Dep. Dist. Atty., Hall of Records. Forgy, E. W., California Bldg. Foster, A. H., Cham, of Com. Bldg. Fowler, F. M., Citizens' Natl. Bk. Bldg. Fraiser, M. P., Title Ins. Bldg. Frederick, S. San Pedro St. Nash, P. M, (colored), Bryson Bldg. Nefsky, D. W., 1619 Shatto St. Neighbors & Spraul, Cham, of Com. Bldg. Nelles, H. E., Wright & Callender^ Bldg. Nelson, G. M., I. W. Hellman. Bldg. Newby, Nathan, Wilcox Bldg. Newlin, G. E., Title Ins. Bldg. Newmire, Earl, San Fernando Bldg.. Newmire & Morris, San Fernando Bldg. Nichols, Ernest F., Bullard Bldg. Nimmo, Ray E., City Jail Bldg. Nolan, Edw. J., Douglas Bldg. Noleman, I. E., Bullard Bldg. Noleman & Smyser, Bullard Bldg. Noon, Ernest E., California Bldg.. North, John, Title Ins. Bldg. Norton, A. M., Consolidated Realty^ Bldg. Norton, Henry K., Security Bldg. ATTORNEYS AT LAW. 130; LOS ANGELES, Los Angeles Co.— 'Conitinued. Norton, R. H., 175 No. Spring St. Nutt, J. M., 1117 W. 24th St. O'Brien & Spaulding, Title Ins. Bldg. O'Connell, J. C, Douglas Bldg. O'Connell, J. H., International Bk. Bldg. O'Melveny, H. W., Title Ins. Bldg. O'Melveny, Stuart, Title Ins. Bldg. O'Melveny, Stevens & Milliken, Title Ins. Bldg. O'Neall, Grosvner P., Mer. Tr. Bldg. Odell, R. A., California Bldg. Odell, S. W., California Bldg. Ogden, Wm. B., Exchange Bldg. Orfila, A., Cham, of Com. Bldg. Overmyer, Geo. E., Byrne Bldg. Overton, Paul V,, 645 So. Hill St. Owen, T. R., Currier Bldg. Owings, J. A., Bryson Bldg. Page, Benjamin E., Mchts. Tr. Bldg. Page, Roger S., Wilcox Bldg. Palmer, W. F., Pac. Elec. Bldg. Pardue, Samuel H., Ferguson Bldg. Park, A. G., Stimson Bldg. Park, Frank, Stimson Bldg. Parker, W. P., Tr. & Sav. Bldg. Parker & Moote, H. W. Hellman Bldg. Parks, L. K., 914 Higgins Bldg. Parsons, Sidney J., Douglas Bldg. Parrott, K. K., Exchange Bldg. Patterson, H., Security Bldg. Payne, E. L., Douglas Bldg. Peairs & Shears, Higgins Bldg. Pearson, G. W., Bryson Bldg. Peck, Earl C, Equitable Sav. Bk. Bldg. Pendell, G. Roy, California Bldg. Pendleton, C. -J., Jr., Douglas Bldg. Pendleton, C. W., Douglas Bldg. Penn, C. B., Mchts. Tr. Bldg. Perdue, A. B., Fay Bldg. Perhner, Samuel, Union Oil Bldg. Perkins, E. L., California Bldg. Perkins & Tufts, California Bldg. Perry, F. L., Douglas Bldg. Petchner, W. C, Title Ins. Bldg. Petit, Henry G., California Bldg. Phelps, C. R., Story Bldg. Phelps, Wm. W., Mchts. Tr. Bldg. Pickit, Daniel, 203 No. Bway. Pierce, H. A., Fay Bldg. Pierce, Critchlow & Barrette, Hi- bernian Bldg. Piersori, Geo. M., H. W. Hellman Bldg. LOS ANGELES, Los Angeles Co.— Conitinued. Pillsbury, C. D., Mchts. Tr. Bldg. Polk, C'has. C, H. W. Hellman Bldg. Poole, J. F., California Bldg. Pope, J. D., Stimson Bldg. Poplin, H. L, 720 Story Bldg. Porres, A. G. Jr., Currie Bldg. Porter, F, M., Exchange Bldg. Porter, Morgan & Parrott, Ex- change Bldg. Porter & Sutton, Central Bldg. Post, C. A., Grant Bldg. Potter, Bernard, Title Ins. Bldg. Potter, Chas. F. & Isaac B., Title Ins. Bldg. Potter, Chas. G., Amer. Bk. Bldg. Potter, Daniel M., International Bk. Bldg. Potter, E. K., Severance Bldg. Powell, Jerry H., Title Ins. BlJg. Powell, John A., Title Ins. Bldg. Powers, J. E., 207 Bullard Blk. Pratt, Guy S., Ferguson Bldg. Prescott, Frank C, Cham, of Com. Bldg. Prescott, Frank C. Jr., Cham, of Com. Bldg. Preston, Fredk. A., California Bldg. Preston, I. H., Laughlin Bldg. Prutt, Drew, Douglas Bldg. Putnam, Chas. E., Douglas Bldg. Putnam, Osgood, Mchts. Tr. Bldg. Quinn, R. T., San Fernando Bldg. Randall, Jay E., Tr. & Sar. Bldg. Randall, Lewis B., Cham, of Com. Bldg. Randall, Bartlett & White, Cham, of Com. Bldg. Randall & Gaines, Cham, of Com. Bldg. Randall, M., 710 Bryson Bldg. Rapp, V. R«ach, Howard E., Higgins Bldg. Reagan, Edw. A., Federal Bldg. Redd, Jas. B., California Bldg. Redwine, H. G., Citizens' Natl. Bk. Bldg. Reed, M.. W. Kerckhoflf Bldg. Reeve, Sidney N., Court House. Reily, A. G., Union Oil Bldg. Reppy, Roy V., Title 'Ins. Bldg. Rex, Wm. H., 105 W. 6th St. Rheinschild, W\ M., San Fernando Bldg. Rhodes, Allin L., Title Ins. Bldg. Riccardi, C. V., International Bk. Bldg. Rice, P. r.. Stimson Bldg. 1302 HILLYER'S LEGAL MANUAL. LOS ANGELES, Los Angeles Co.— lOontiuued. Kichards, Chas. H., Amer. Bk. Bldg. Richards, F. W., Henne Bldg. Bichardson, Frank H., Mchts. Tr. Bldg. Richardson, George, Lankershim Bldg. Richardson, J. L., Hall of Records. Richardson, R. W., Central Bldg. Rickhard, J as. B., Tr. & Sav. Bldg. Riddle & Cheroske, 902-4 Higgins Bldg. Riddle & Smith, Higgins Bldg. Ridgway, T. C, H. W. Hellman Bldg. Riggins, Harley E., O. T. Johnson Bldg. Rittenhouse A. P., I. W. Hellman Bldg. Rivera, R. P., 302 Eq. Bldg. Rivers & Gates, Equitable Sav. Bk. Bldg. Rives, Jas. C, Supr. Judge, Court- house. Robertson, F. R., 224 Boyd St. Robertson, Howard, Mchts. Tr. Bldg. Robertson, W. A., Story Bldg. Robertson & Baird, Story Bldg. Robinson, Dudley W., Federal Bldg. Robinson, S. B., Central Bldg. Robinson, T. W., Hall of Records, Rodman, Willoughby, 2631 Orchard Ave. Rodgers, Earl, California Bldg. Rogers, Ernest E., California Bldg. Rollins, H. S., Bryson Bldg. Rose, A. H., Hibernian Bldg. Rose, H. H., Higgins Bldg. Rosebury, L. H., Security Bldg. Rosecrans, Leo M., Title Ins. Bldg. Rosenthal, Samuel, Citizens' Natl. Bk. jjidg. Rubin, I. R., 401-402 Citizens* Natl. Bk. Bldg. Rush, Jud. R., Bryson Bldg. Rutherford, N. R. Jr., Bryson Bldg. Ryckman, J. H., Higgins Bldg. Sackett, S. C. Sale, Henry T., Douglas Bldg. Salisbury, C. E., Story Bldg. Salisbury, Stewart, M. Tr. & Sav. Bldg. . Salzman, Maurice, Security Bldg. Sanders, G. L., Wilcox Bldg. Sanders, S. S., Bullard Bldg. San Pedro, L. A. & Salt Lake R. R., Pac. Elec. Bldg. LOS ANGELES, Los Angeles Co.— •Conitinued. Sansbury, Samuel. Sanson, Thomas A., Suite 827, Walter P. Story Bldg. Sargent, E. W., 133 No. Bway. Satterwhite, John, Lankershim Bldg. Scarborough & Bowen, B. F. Coul- ter Bldg. Schroder-Courtney Co., 827 Higgins Bldg. Schenck, P. W., Laughlin Bldg. Schlegel, John, H. W. Hellman Bldg. Schmidt, Herman C, Security Bldg. Schmidt, Reuben S., O. T. Johnson Bldg. Schmidt & Riggins, O. T. Johnson Bldg. Scholz, Charles, Equitable Sav. Bk. Bldg. Schoonmaker, O. P., Mchts. Tr. Bldg. Schoonover, R. W., Amer. Bk. Bldg. Schreider, Wm, Higgins Bldg. Schroeder, C. L., Higgins Bldg. Schultz, Cleveland, California Bldg. Schweitzer & Hutton, Coulter Bldg. Scott, Jonathan R., Union League Bldg. Scott, Joseph, Equitable Bk. Bldg. Scoville, H. F., Capp Bldg. Seabury, Wm. M., H. W. Hellman Bldg. Seaver, Byron D., Wilcox Bldg. Seaver, Frank R., Wilcox Bldg, Selby, Edw. M., Central Bldg. Selph, Ewald E., Amer. Bk. Bldg. Shankland & Chandler, Amer. Bk. Bldg. • Shannon, M, F., Hall of R-ecords. Sharp, Edgar, I. W. Hellman Bldg. Shaw, Hartley, Stimson Bldg. Shaw & Lucien, Jus. Supm. Ct. Shaw & Van Nostran, Bradbury Bldg. Shellis, Burt, Higgins Bldg. Shelton, James E., H. W. Hellman Bldg. Shelton, W. C, Hibernian Bldg. Shenk, J. W., Mchts. Tr. Bldg. Shepherd, F. M., Higgins Bldg. Shepherd & Alms, Higgins Bldg. Sheran, J. F., 917 51st PI. Sherer, A. J., Higgins Bldg. Sherer, Edward T., Title Ins. Bldg. Sherer & Wilson, Title Ins. Bldg. Sherman, W. H. A., California Bldg. Shinn, Clement L., Amer. Bk. Bldg. ATTORNEYS AT LAW. 1303 LOS ANOELES, Los Angeles Co.— Continued. Sibley, F. L., Pac. Elec. Bldg. Sidebottom, Earl E., Title Ins. Bldg. Silberberg, M. B., H. W. Hellman Bldg. Silent, C, Lankershim Bldg. Sims, J. H. Jr., 1012 Cal. Bldg. Slosson, L. B., Wright & Callender Bldg. Slosson, Mark H., Wright & Callen- der Bldg. Smith, Ansel, Citizens' Natl. Bk. Bldg. Smith, Chester, 238 W. 1st St. Smith, D. F., Amer. Bk. Bldg. Smith, E. H., Higgins Bldg. Smith, J. H., 501 Westmoreland Ave. Smith, Jos., Mason Opera Bldg. Smith, S. B., H. W. Hellman Bldg. Smith, Walter E., Douglas Bldg. Smith, Miller & Phelps, Mchts. Tr. Bldg. Smyser, S. M. Snell, W. L., Mchts. Tr. Bldg. Somerville, G. W., Harvard Blvd. So Belle, W. E., Ferguson Bldg. So Eelle & Cruickshank, Ferguson Bldg. Southern Cal. Edison Co., Legal Dept., 120 E. 4th St. Spalding, W. D., Exchange Bldg. Sparks, C. Kandall, Mason Opera Bldg. Sparling, Harvey, Amer. Bk. Bldg. Spaulding, L. P., Amer. Bk. Bldg. Spaulding & O'Brien, 1122 Title Ins. Bldg. Spencer, F. McD., Amer. Bk. Bldg. Spicer, Chas. C, H. W. Hellman Bldg. Spring, Fred J., California Bldg. Sproul, F. P., Cham, of Com. Bldg. Stafford, Frank W., City Jail Bldg. Stafford, John I., H. W. Hellman Bldg. Stafford, W. P., L. Bullard Bldg. Stahl, C. W., Cham, of Com. Bldg. Standefer, I. M. Stansbury & Schermerhorn, Hiber- nian Bldg. Stanton, L. B., Wilcox Bldg. Starr, M. M., Higgins Bldg. Steele, F. M., California Bldg. Steely, John S., Story Bldg. Steinhauer, Karl E., Title Ins. Bldg. Stephens, Albert Lee, Hibernian Bldg. LOS ANOELES, Los Angeles Co.— Conitinued. Stephens, Charles M., Temple Bldg. Stephens, H. G., Cham, of Com. Bldg. Stephens, Jess E., City Jail Bldg. Stephens & Stephens, Ferguson Bldg. Stephenson, F. A., Douglas Bldg^ Stepper, Arthur G., H. W. Hell- man Bldg. Sterry, N. S., Pac. Elec. Bldg. Stevens, Henry J., Title Ins. Bldg. Stevens, W. H., Citizens' Natl. Bk. Bldg. Stewart, Frank, Stimson Bldg. Stewart, Paul, Bradbury Bldg. Stewart, S. W., Bryson Bldg. Stewart, T. M., Bradbury Bldg. Stice, C. A., Bryson Bldg. Stick, John, Citizens' Natl. Bk. Bldg. Stimson, Marshall, Wright & Cal- lender Bldg. Stobbs, F. L., Thorpe Bldg. Storrs, H. E., 308 W. 1st St. Strong, Andrew M., H. W. Hell- man Bldg. Strong, Will A., Hibernian Bldg. Sturges, A. A., Bullard Bldg. Sturgeon, Berry, California Bldg. Stutsman, Marshall A., 238 West 1st St. Stutsman & Stutsman, California Bldg. Sullivan, Stephen L., 1043 W. 22d St. Summers, G. M. Sumner, C. E., Union Oil Bldg. Sumner, W. A., Union Oil Bldg. Sutphen, J. W., Union Oil Bldg. Swaffield & MunhoUand, Laughlin Bldg. Swanwick, J. W., Amer. Bk. Bldg. Sweeney, Robt., Title Ins. Bldg. Sweet, Charles I., Fay Bldg. Sweet, Geo. T., Fay Bldg. Taft, H. W., California Bldg. Taggert, J. D., Union Oil Bldg. Tanner, Taft & Odell, California Bldg. Tappaan, Clair S., Douglas Bldg. Tatum, J. T., H. W. Hellman Bldg. Taylor, E. E., H. W. Hellman Bldg. Taylor, G. L., Amer. Bk. Bldg. Taylor, W. R., Wilson Bldg. Taylor, Taylor Oscar. Wilcox Bldg. Taylor & Forgy, California Bldg. Teed, Freeman G., Title Ins. Bldg. 1304 hillyer's legal manual. LOS ANGELES, Los Angeles Co.— Oonitinued. Thatcher, Philip S., I. W. Hellman Bldg. Thomas, F. J., Fay Bldg. Thomas, Harold E., Story Bldg. Thompson, N. W., Title Ins. & Tr. Bldg. Thompson, R. G., Higgins Bldg. Thompson, W. B., 4901 Moneta Ave. Thompson & Thompson, Thorpe Bldg. Thomson, T. W., Johnson Bldg. Thomson & Spencer, Amer. Natl. Bk. Bldg. Thornton, T. C, Mason Opera Bldg. Thorpe, Spencer, Exchange Bldg. Thorpe & Hanna, Exchange Bldg. Tilden, Myror W., 333 So. Hill St. Tipton & Cailor, Cham, of Com. Bldg. Title Guaranty & Trust Co., Franklin & Broadway. Title & Trust Co., Spring Bldg. Titus, A. C. Titus, Frank T., Capp Bldg. Todd, R. A., International Bk. Bldg. Toland, T. O., Union Oil Bldg. Tolhurst, Lewis H., Douglas Bldg. Towner, C. C, Higgins Bldg. Townsend, Jas. R., Bradbury Bldg. Townsend & Graham, California Bldg. Trask, D. K., Cons. Realty Bldg. Trask, Norton & Brown, Cons. Realty Bldg. Tribit, C. H. Jr., Mchts. Tr. Bldg. Trippett, O. A., Coulter Bldg. Trist. Robt. N., West 4th St. Trowbridge, H. H., 120 E. 4th St. Trude, Fred J., H. W. Hellman Bldg. Truex, Art, I. W. Hellman Bldg. Tufts, W. L., California Bldg. Tuller, Walter K., Title Ins. Bldg. Turnbull, R. B. E., Title Ins. Bldg. Turner, R. A., Douglas Bldg. Tuttle, Edw. W., Higgins Bldg. Tyler, W. O., Germain Bldg. Tyrrell, Frank G., Suite 1117 Title Ins. Bldg. Tyrrell & Dougherty, Title Ins. Bldg. Ussher, P. E., Higgins Bldg. Vale & Crane, 1026 Story Bldg. Valentine, F. C, Amer. Bk. Bldg. Valentine & Newby, Wi],cox Bldg. LOS ANGELES, Los Angeles Co.— Conitinued. Van Cott, A. H., Kerckhoff Bldg. Vandiveer, H. D., 522 Security Bldg. Van Dyke, Henry S., Title Ins. Bldg. Van Nostrand, W. D., Bradbury Bldg. Van Pelt, W. G., Title Ins. Bldg. Van Pelt & North, Title Ins. Bldg. Van Steinberg, E. B., Stimson Bldg. Variel, R. H. F. Jr., L W. Hellman Bldg. Variel, Clarence, I. W. Hellman Bldg. Variel, Wm. J., Wright & Callen- der Bldg. Veitch, A. L., Hall of Records. Vermilyea, S. E., Hibernian Bldg. Visel & Visel, California Bldg. Wagoner, T. J., 554 No. W. Lake Ave. Walden, Frank W., Title Ins. Bldg. Walker, A. Lincoln, Laughlin Bldg. Walker, L M., Fay Bldg. Wall, Arnold E., Title Ins. Bldg. Walter, G. E., Bway. Central Bldg. Walter, Greer & Lovelers, 614 Broadway. Ward, S. C., Union Oil Bldg. Warden, C. D., 210 Mason Bl. Washburn, Harry B., 314 Wilcox Bldg. Waterman, Jesse, Wilcox Bldg. Waterman & Green, Wilcox Bldg. Watkins & Blodgett, Stimson Bldg. Weaver, W. K., Bradbury Bldg. Weaver & McKee, 512 Bradbury Bldg. Wehrle, E. F., Stimson Bldg. Weil, S. D., 200 New High St. Welch, B. P., Capp Bldg. Welch, H. L. Welch & Jeffray, Capp Bldg. Wellborn Chas., 1032 Security Bldg. Wellborn, Olin, Dist. Judge, Fed- eral Bldg. Wellborn & Wellborn, Security Bldg. Weller, D. R., Thorpe Bldg. Wellman, E. P., Amer. Bk. Bldg. Westover, Myron, Mchts. Natl. Bk. Bldg. Weyse, H. G., Grosse Bldg. ATTORNEYS AT LAW. 1305 LOS ANGELES, Los Angeles Co.— Comtinued. Wharton, L. E., Johnson Bldg. Wheeler, Henry 0. Jr., Fay Bldg. Wheeler & Sweet, Fay Bldg. White, Thos., Cham, of Com. Bldg. Whitham, G. L., Laughlin Bldg. Whittemore, C. O., Pac. Elec. Bldg. Whitworth, Walter, Byrne Bldg. Wickliffe, G. W., Thorpe Bldg. Wideman, Wallace, Mchts. Tr. Bldg. Widney, R. M,, 3308 So. Grand St. Wier, Harry M., 204 No. Bway. Wilbur, C. D., Supr. Judge. Wilder, J. K, H. W. Hellman Bldg. Williams, Chas. E., Title Ins. Bldg. Williams, E. S., Title Ins. Bldg. Williams, Gesner, Temple Bldg. Williams, Norman, Exchange Bldg. Williams, W. J., Exchange Bldg. Williams, Goudge & Chandler, Ex- change Bldg. Willis, Frank R., Supr. Judge. Willis & Robinson, Bryson Bldg. Wilson, Calvert, Wilcox Bldg. Wilson, Emmet, Title Ins. Bldg. Wilson, Geo. H., Higgins Bldg. Wilson, Horace S,, Wilcox Bldg. Wilson, R. G., 622 Laughlin Bldg. Winburn & Winburn, San Fer- nando Bldg. Winnett, Earl L., Wright & Cal- lender Bldg. Winterer, Edward, Wilcox Bldg. Wisdom, Earl L., Cham, of Com. Bldg. Wisler, H. M., Mchts. Tr. Bldg. Wisler & Horn, Mchts. Tr. Bldg. Wood, J. P., 1206 Fedora St. Wood, Walter J., Bullard Bldg. Woodard, B. P., Title Ins. Bldg. Woodman, Fred T., Mchts. Tr. Bldg. Woodruff, F. B., Grosse Bldg. Woodruff, Geo. H., Douglas Bldg. Woolwine, C. W., Pac. Elec. Bldg. Woolwine, Thos. L., Title Ins. Bldg. Works, J. D., H. W. Hellman Bldg. Works, Lewis R., H. W. Hellman Bldg. Works & Jordan, H. W. Hellman Bldg. Wright, Alfred, Van Nuys Bldg. Wright, Arthur, Currier Bldg. Wright, Foster C, Douglas Bldg. Wycoff, A. H., Amer. Bk. Bldg. LOS ANGELES, Los Angeles Co.— Continued. Wyvell, G. F., Mchts. Tr. Bldg. Wynn, C, I. W. Hellman Bldg. Yager, Thos. C, Higgins Bldg. Ybarra & Parker, Tr. & Sav. Bldg. Yeaman, Harvey, Stimson Bldg. York, J. M., Mason Bldg. York, John M., Mason Opera Bldg. York & York, Mason Opera Bldg. Young, E. R., Story Bldg. Young, Milton, K., H. W. Hellman Bldg. Young, Robert, Higgins Bldg. Zerbe, J. S., Story Bldg. LOS BANCS, Merced Co. Bickmore, Edw. LOS GATOS, Santa Clara Co. Bell, R. R. Butler, G. A. Jenkins, D. T. Milligan, D. H. Pearce, B. W. Robertson, R. F. LOYALTON, Sierra Co.— Neville, H. B. McKITTRICK, Kern Co.— Fox, Paul. MADERA, Madera Co.— Barcroft, Jos. Conley, W. M., Judge Supr. Ct. Curtin, W. R., Clk. Supr. Ct. Fee, F. A. Hargrove, R. L. Larew, W. H., Dist. Atty. Mordecai, G. W. Rhodes, Raleigh E. MARICOPA, Kern Co.— Bell, H. H. MARIPOSA, Mariposa Co.— Barnhart, Chas. Corcoran, John M. Stolder, R. B. Trabucco, J. J., Supr. Judge. Wall, J. A. MARKLEVILLE, Alpine Co.— Dunlap, Fred. S., Clk. Co. Ct. Grau, Otto K., Dist. Atty. Price, Lester T., Sup. Judge. MARTINEZ, Contra Costa Co.— Brown, C. C. Brown, L. C. Bray, A. F. Jones, M. R. Latimer, R. H., Supr. Judge. 1306 hillyer's legal manual. MARTINEZ, Contra Costa Co.— Con- tinued. McKenzie, A. B. Rodgers, J. E. Soto, A. J. Tinning, W. S. Tormey, Leo F. Wells, J. H., Co. Clk. Wight, R. H. Wyatt, Jno. O. B. MARYSVILLE, Yuba Co.— Belcher, Richard. Brittan & Raish. Carlin, W. H. Covillaud, C. J. Dinsmore, W. Eastman, J. F., Clk. Ct. Ebert, J. E. Greely, F. H., Co. Recorder. Johnson, W. S. McDaniel, E. P., Supr. Judge. Manwell, E. T., Dist. Atty. Sanford, J. A. Stanwood, E, B. Thomas, J. C. MAYFIELD, Santa Clara Co.— Carothers, E. D. Wright, Charles F. MENLO i^ARK. Linforth, W. H. MERCED, Merced Co.— Brickley, Henry. Croop, W. B. Farrar, Frank H. Fowler, B. F. Griffin, J. J. Henderson, F. W. Landram, H. K. Law, J. K. Mahon, Jack. Ostrander, F. G. Rector, E. N. Schino, L. J. Shaffer, Hal S. Thornton, P. J., Clk. Ct. M:ILL valley, Marin Co.— Chase, Jas. V. MODESTO, Stanislaus Co.— Benson, H., Clk. Supr. Ct. Brown, Richard A. Brown, W. J. Coldwell, T. A. Cross, J. M. Dennett, Lewis L. Jones, E. R. Fulkerth, L. W., Supr. Judge. Gailfus, C. R. Griffin, T. F. MODESTO, Stanislaus Co.— Continued. Griffin & Carlson. Hatton & Scott. Hawkins, J. Waldo. Hoover, F. O. Jennings, J. B., Pol. Judge. Jones, E. R. Maddux & Maddux. May, J. T. Needham, J. C. Rienienschneider & Yanckwich. Van Dusen, Jas. P. Walthall, J. M. West, J. S. Zander, Carl. Zion, E. H. Carlson, A. J., Modesto. Knox, R. G., Modesto. MONROVIA, Los Angeles Co.— Dunn, W. P. Robinson, D. W. Taylor, E. E. MONTEREY, Monterey Co.— Gould, G. S. Hudson, Treat & Martin. Carmel, M. Jorgensen, H. S. Mack, Silas W. Sandholt & Wolf. Willey, R. H. MORGAN HILL, Santa Clara Co.— Estes, G. K. MOUNTAIN VIEW, Santa Clara Co. Brown, W. W. Burns, R. V. Cooley, W. R. Frea, Arthur. NAPA, Napa Co.— Bell, E. S. Collins, N. W., Clk. €t. Coombs, F. L. Coombs, N. F., Dist. Atty. Gasford, H. C, Supr. Judge. Hull, A. J. .Johnston, Johnston & Johnston. King, P. S. Palmer, Jas. M. Jr. Riggins, C. N. Rutherford, W. T. Silva, F. M. Trower, C. E. Watson, A. A. Webber, E. L. York, J. T. NATIONAL CITY, San Diego Co.— Palmer, T. R. Pirkey, O. ATTORNEYS AT LAW. 1307 NEVADA CITY, Nevada Co.— Buckley, G. D. Coughlan, Geo., Co. Clk. Finnegan, Geo. B. Jones, Geo. L., Sup. Judge. Lindley, I. C. Nilon & Arbogast. Searls, Fred. Walling, J. M. NEWMAN, Stanislaus Co.— Whitby, G. A. Whithurst, G. A. NORWALK, Los Angeles Co.— Sproule, Frank. OAK DALE, Stanislaus Co.— Reeder, F. W. OAKLAND, Alameda Co.— Abbott, Carl H., Oakland Bk. of Sav. Bldg. Agnew, A. C, Oak. Bk. Sav. Bldg. Aiken, Benj. R., Realty Bldg. Aldrich, H. L., 812 Broadway. Aldrieh & Gentry, 802 Bway. Allen, John J., Union Sav. Bk. Bldg. Alvarado, H. V., Union Sav. Bk. Bldg. Andrews, W. A., 957 Bway. Angwin, Wm. S., 969 Bway. Bartlett, F. H., Union Sav. Bk. Bldg. Beardsley, Chas. A., Oakland Bk. of Sav. Bldg. Bell, R. F., 1255 Bway. Bell, Bell & Smith, 1st Nat. Bk. Bldg. Berlin, F. A., Central Bk. Bldg. Bingaman, J. W., Union Sav. Bk. Bldg. Black, P. C, Union Sav. Bk. Bldg. Bradley, T. M., U. S. Bk. Breed, H. L., 1102 Bway. Brown, E. J., Supr. Judge Court- house. Bruenn, Adolph, Bacon Bldg. Burpee, Walter J., Dep. Dist. Atty. Button, F. L., Bacon Bldg. Carey, Philip M., Dep. Dist. Atty. Carr, F. M., Security Bk. Bldg. Chapman & Trefetken, Oakland Bk. of Sav. Bldg. Chase, S. J., Oakland Bk. of Sav. Bldg. Clark, Leon A., Dep. Dist. Atty. Clark, Leonard S., 851 Jackson St. Clark, W. C, Union Sav. Bk. Bldg. Clarke & Clarke, Security Bk. Bldg. OAKLAND, Alameda Co.— Continued. Coffman, A. B,, Bacon Bldg. Cohen, A. H., 872 Bway. Colvin, C. L., 812 Bway. Colvin & Graber, 906 Bway. Craig, H. S., 1003 1/2 Bway. Creely, James H., 906 Bway. Crosby & Richardson, 1003V^ Bway. Crowell, Clarence, Union Sav. Bk. Bldg. Davis, W. R., Bacon Bldg. Dean, W. E., Bacon Bldg. Decoto, E. W., Bacon Bldg. De Frietas, F. L., 957 Bway. De Golia, D. C, Oakland Bk. ot Sav. Bldg. De Golia, Geo. E., Oakland Bk. of Sav. Bldg. De las Casas, J. B., 1715 Fruitvale Ave. Devere, C. W. Dibert, Jesse, Bacon Bldg. Dibert, P. C. Dibert & Stiefvater, Bacon Bldg. Dodge, C. G., Oakland Bk. of Sav. Bldg. Dolenty, F. X., 3815, Foothill Blvd. Donohue, D. G. Donohue, W. H., Dist. Atty. Donovan, W. J., 855 Bway. Du Brutz, F. V. Dunn, Walter R., 1020 Bway. Dutton, D. C, Oakland Bk. of Sav. Bldg. Earle, J. Jewett, Union Sav. Bk. Bldg. Eliassen, Edward R., Union Sav. Bk. Bldg. Elston, J. A., Oakland Bk. of Sav. Bldg. Elsworth, Jno. A. Encell, H. A., First Natl. Bk. Bldg. Engs, E. W., Union Sav. Bk. Bldg. Farnsworth, A. K., 1274 47th Ave. Fitch, J. R., Union Sav. Bk. Bldg. Fitzgerald & Abbott, Oakland Bk. of Sav. Bldg. Foote, M. M. Fountaine, P. A., Oakland Bk. of Sav. Bldg. Frank, J. N., Union Sav. Bk. Bldg. Freeman, E. A., 1218 34th Ave. Frick, A. L., Bacon Bldg. Fry, F. W., 906 Bway. Geary, Wm. R., 307 East 12th St. Gehringe, E. E.. Commercial Bldg. Gentry, W. H. H., 906 Bway. 1308 HILLYER^S LEGAL MANUAL. OAKLAND, Alameda Co.— Continued. Gibson & Woolner, First Natl. Bk. Bldg. Gill, C. M., Bacon Bldg. Gill, H. D., 969 Bway. Glasscock & Howard, 906 Bway. Glickman, Lewis, Oakland Bk. of Sav. Bldg. Goble, F. J., So. Berkeley Bk. Bldg. Goldsby, Z. N., Oakland Bk. of Sav. Bldg. Gordon, F. J., lOOSM. Bway. Graber, Thos. F., 906 Bway. Gray, T. S., 1003 % Bway. Griffith, H. B., First Natl. Bk. Bldg. Grijalva, W. P., 969 Bway. Gwilt, Jno. W., 906 Bway. Hagan, H. L., Bacon Blk. Hamilton, Milton S., Oakland Bk. of Sav. Bldg. Harford, Lyman, 3210 E. 14th St. Harris, T. W,, Supr. Judge. Harrison, Henry E., Alameda Sav. Bk. Bldg. Hayes & Farmer, 705 Union Sav. Bldg. Hennessey, Wm. J., Oakland Bk of Sav. Bldg. Henshaw, F. W., Supm. Judge. Hewitt, E. E., 855 Bway. Hicks, Hervey, First Natl. Bk, Bldg. Hill, W. L., Bacon Bldg. Holman & Manning, First Natl. Bk. Bldg. Hough, Rollo J., Security Bk. Bldg. Howard, Carey, 812 Broadway. Huffaker. E. Bacon Bldg. Huxley, T. C, Union Sav. Bk. Bldg. Hyde, F. A., 601 18th St. Hynes, W. H. L., Dep. Dist. Atty. Ingraham, Geo. A. (colored), 906 Bway. James, J. T., 978 Franklin St. Johnson, G. W., 3631 Georgia Ave. Johnson, H. A., 834 55th St. Johnson & Shaw, Union Sav. Bk. Bldg. Jones, George, 921 Bway. Jones, R. D., Security Bk. Bldg. Josselyn, J. S., Union Sav. Bk. Bldg. Kellogg, F. C, Oakland Bk. of Sav. Bldg. Kennedy, J. J., Oakland Bk. of Sav. Bldg. Kinsell, Dudley, Oakland Bk. of Sav. Bldg. Koenig, Max W., 878 Bway. OAKLAND, Alameda Co. — Continued. Kofford, Jos. S., Oakland Bk. of Sav. Bldg. Krenkel, J. F., Macdonough Bldg. Kroning, W. F., 812 Bway. Lake, F. W., 909 Linden St. Langen & Mendenhall, Bacon Bldg. Leach, A. P., Union Sav. Bk. Bldg. Leach, H. E., Union Sav. Bk. Bldg. Leet, L. C, Bacon Bldg. Long, J. J., 865 San Pab. Ave. Lukins, G. R., 1218 Bway. Luttrell, A. H., Bacon Bldg. McClymonds, Vance, Coml. Bldg. McDonald, J. J., 1206 Bway. McDonough, G. J., 906 Bwav. McKee, R. L., 855 Bway. McKee & Tashiera, Oakland Bk. of Sav. Bldg. McPike, H. C, Realty Syndicate Bldg. McVey, Jno. L., Bacon Bldg. Magnes, Irving, Union Sav. Bk. Bldg. Manning, L. D., First Natl. Bk. Bldg. Marcuse, Max, 828 Bway. Martin, H. L. Melvin, H. A., Supm. Judge. Merrill, Geo. B., Oakland Bk. of Sav. Bldg. Metcalf, G. D., First Natl. Bk. Bldg. Metcalf, Victor, Union Sav. Bk. Bldg. Michel, A., Bacon Bldg. Montague, A. A., First Natl. Bk. Bldg. Montgomery, J. P., Bacon Bldg. Morbio, P. A., 878 Bway. Moreland, W. W., 812 Bway. Morison, H. C, Bacon Bldg. Murcell, Chas., 927 Bway. Murdock, Alex., 957 Bway. Murphy, J. L., 1253 Webster St. Murphy, Martin, Courthouse. Myers, R. B., Bacon Bldg. Oak. Term. Ry. Law Dept., 911 Syn- dicate Bldg. O'Brien, W. S., Dep. City Atty. O'Brien & Gill, 969 Bway. Oliphant, D. D., First Nat. Bk. O'Neill, J. M. Ogden, F. B., Supr. Judge. Page, E. S., Bacon Bldg. Patterson, C. H., 969 Bway. Peirsol, H. J., Bacon Bldg. Phillips, L. E., Bacon Bldg. Powell, Wm. A., Coml. Bldg. ATTORNEYS AT LAW. 1309 OAKLAND, Alameda Co. — Continued. Pulcifer, H. W., Union Sav. Bk. Bldg. Quayle, Chas., Bacon Bldg. Quinn, Jas. C, SOth and Adeline. Eandall, J. C. (colored), lOOS^^ Bway. Eawson, F. L., Bacon Bldg. Kawson, M. L., 906 Bway. Reddall, T. A., Bacon Bldg. Reed, Black, Reed & Bingamon, Union Sav. Bk Bldg. Richardson, Geo. H., 1003% Bway. Richardson, G. N., Bacon Bldg. Richardson, J. B., Bacon Bldg. Rinehart, W. B., 1003 i/o Bway. Roberts, E. R., 1574 7th St. Robinson & Robinson, First Natl. Bk. Bldg. Rode, W. E., Bacon Bldg. Rose, J. J. Jr., Union Sav. Bk. Bldg. Rose, J. L., Bacon Bldg. Russell, J. F., Oakland Bk. of Sav. Bldg. Ryker, E. G., Security Bk. Bldg. St. Sure, A. F., Bacon Bldg. Samuels, G. E., Pol. Judge, Union Sav. Bk. Bldg. Samuels, M. J., Union Sav. Bk. Bldg. Sands, J. A., Oakland Bk. of Sav. Bldg. Satterwhite, W. T., Dep. Dist. Atty., Courthouse. Schroeder, H. G., First Natl. Bk. Bldg. Schwartz & Powell, Coml. Bldg. Scott, Jno. C, 10031/2 Bway. Scott, J. C, 1007 Bway. Sears, H. L., Union Sav. Bk. Bldg. Sech, Bunker & Cole, Syndicate Bldg. Shaw, G. N., Union Sav. Bk. Shepardson, Milton, 906 Bway. Shine, A. T., Oakland Bk. of Sav. Bldg. Sledge, L. Y. (colored), 555 7th Ave. Smith, M., Oakland Bk. of Sav. Bldg. Smith, Willard P., 801 Union Sav. Bk. Bldg. Snook & Church, Security Bk. & T. Co. Bldg. Sorensen, N. P., 1003% Bway. Stetson, J. W., 1206 Bway. Stetson & Koford, Oakland Bk. of Sav. Bldg. OAKLAND, Alameda Co.— Continued. Stocker & Holland, 13th, near Bway. Stout, H. A., First Natl. Bk. Bid?. Street, J. F., 1014 Bway. Street & Street, Macdonough Bldg. Swalley, A. E., Bacon Bldg. Tashiera, A. G., Oakland Bk. of Sav. Bldg. Tillman, T. C, Security Sav Bk. Bldg. Trefethan, E. E., Oakland Bk. of Sav. Bldg. Turner, Aaron, Security Sav. Bk. Bldg. Tuttle, F. P. Jr., 906 Bway. Tyrrel, E. J., Security Sav. Bk. Bldg. Van Hovenberg, A. A., 1319 Fruit- vale Ave. Yan Hovenberg, J. J., 969 Bway. Van Sickle, True, Oakland Bk. of Sav. Bldg. Walker, H. G., 906 Bway. Walker & Moreland, 906 Bway. Walsh, P. M., Security Sav. Bk. Bldg. Waste, W. H., Supr. Judge. Wells, W. S., Supr. Judge. White, C. G., 957 Bway. White, E. D., Security Bk. Bldg. Whitmore, Welles, Security Bk. Bldg. Whitney, F. E., 909 Bway. Williams, G. R., 969 Bway. Wilson, C. E., Union Sav. Bk. Bldg. Wise, H. D., Coml. Bldg. Witter, G. F., Central Bk. Bldg. Wittschen, T. P., Oakland Bk. of Sav. Bldg. Wood, C. F., Bacon Bldg. Wood, 0. R., 906 Bway. Woodburn, F. L., Bacon Bldg. Wyman, B. J., Pantages Bldg. Yule, John, 957 Bway. OASIS, Mono Co.— Froman, W. S. OCEAN PARK, Los Angeles Co.— Breden, M. A. Hanna, Byron C, City Atty. Hulbert, B. G. Lee, Wni. D. Susemihl, L. G. Tanner, Taft & Odell. OCEANSIDE, San Diego Co.— Hayes, C. Johnston, John, Korick, D. 1310 HILLYER S LEGAL MANUAL. ONTARIO, San Bernardino Co.— Burt, A. W. Jolliffe, E. H. Pollock, J. R. Warmer & Jones. Warmer, Ben J. ORANGE, Orange Co.— Bell, Fleetwood. Brown, Wm. M. B., City Atty. Davis, S. M. Hartwick, L. A. ORLAND, Glenn Co.— Clifton, R. L. ORVILLE, Butte Co.— Duncan, W. E. Jr. Gardner, Geo. E. Gray, C. Gray, J. C, Judge. Gregory, H. D. Jones, A. F. Jones, G. F. Leonard, Raymond A. McGee, John M. McGregor, J. A. OXNARD, Ventura Co.— Blackstoek, Chas. F. Gardner, E. S. Stewart, I. W. PACIFIC GROVE, Monterey Co.— Gould, George S. Mack, Silas W. PALO ALTO, Santa Clara Co.— Charles & Schneider, Malcolm, N. E. Rogers & Smith, W. R. Rogers, Walter, Thomas, M. H. PASADENA, Los Angeles Co.— B«ll, N. W. Bourne, M. Burns, E. E. Butler, M. B. Byrne, James E. Carr, Wm. J., City Atty. Gary, Geo. P. Chynoweth, H. W. Cosgrove, T. B. Cruikshank, Geo. Dunham, Frank C. Furlongs R. M. Geary, E. P. Gibb, Geo. A. Goodrich, J. A. Hahn, Edwin F. Hahn & Hahn. Harrah, A. M. Harrah, J. G. Hinds, Sam'l S. PASADENA, Los Angeles Co.— Con- tinued. Kelley, F. W. Knudson, C. O. McDonald, R. W., Pol. Judge. Merriam, J. H. Milliken, Edw. R. Morin, Jas. M. Porter & Sutton, Robinson, H. M. Rossiter, J. G. Rowe, G. J. Rowland, A. L. Sears, J. D. Simpson, C. M. Simpson, Moody & Simpson. Soale, Wilson H. Strang, Benj. C. Tanner, Taft & Odell, Ticknor & Carter. Willett, C. J. Wright, Bell & Ward. Wright, W. S. PASO ROBLES, San Luis Obispo Co.— Putnam, Chas. G. Greene, Carlton W. Webster, A. PETALUMA, Sonoma Co.— Cromwell, F. A. Denny, T. C, Superior Judge. Early, W. H. Fury, Chas. F. Green, Lyman. Hall, G. P., City Atty. Haskell, W. B. Johnson, Newton A. Howell, Fred S. Lippitt & Lippitt. Meyer, F. A. Rankin, L. E. PLACERVILLE, El Dorado Co.— Arnot, N. D., Supr. Judge. Bennett, M. P. Bray, W. F. Darling, A. Howard, Clarke, Irwin, F. Miller, J. P. G. Peters, C. E. Thompson, George H., Dist. Atty. Witmer, E. W. PLEASANTON, Alameda Co.— Donahue & Gale. Harris, T. W., Superior Judge. Palmer, Jno. R. PLYMOUTH, Amador Co.— Burgon, Geo. A. Ekel, John J. Orr, F. A. ATTORNEYS AT LAW. 1311 POMONA, Los Angeles Co.— Burnham, J. E. Gallup, J. A. Garret, W. A. Guerin & Guerin. Guerin, C. W. Hyatt, Frank H. Joos, .T. W. Molyneaux, F. A. Neeley, John H. Nichols, Allen P. Nichols & Pitzer. Tamlin, W. L. PORTEESVILLE, Tulare Co.— Boiler, J, F. Clarke, L. J. Lindsay, E. Lee. Murray, Geo. G. QUINCY, Plumas Co.— Boyle, J. A. Hughes, L. H. Kellogg, W. W. Kerr, Chas. E., Dist Atty. McLaughlin, J. D. Moncur, J. O., Supr. Judge. Peter, L. N. Wolfe, H. B. RAYMOND, Madera Co.— Lockton, David. RED BLUFF, Tehama Co.— Andrews, H. P. Cheatham, M. J. Coffman, P. H. Ellison, J. F., Supr. Judge. Fish, W. A., Dist. Atty. Gernon, N. A. Johnson, W. P. Ludeman, Arthur. McCoy, A. M. McCoy & Gans. Matlock, J. T. Jr. Pendleton, E. C. True, J. N. Wells, Jno. J. REDDING, Shasta Co.— Barber, J. E., Supr. Judge. Braynard, C. H. Bush, G. Carr, F. Chenoweth, Orr M. Estep, Jas. G. Frisbee, N. B. Head, C. M., Supr. Judge. Herzinger & Herzinger. Primm, F. P. R€id, D. G. Reid & Dozier. Shanahan, T. W. REDDING, Shasta Co.— Continued. Tillotson, W. D. Witherow, S. N., Clk. Ct. REDLANDS, San Bernardino Co.— Allen, Halsey W. Campbell, E. C. Chapman, C. E. Dewhirst, H, L. Field, K. H. Foster, A. M. Mclver, Peter G. Patterson, E. B. Pratt, Edgar G. Ruggles, Chas. A. Tisdale, Wm. M. Truesdell, C. E. REDONDO BEACH, Los Angeles Co. Perry, Frank L. REDWOOD CITY, San Mateo Co.— Buck, G. H., Supr. Judge. Fitzpatrick, E. F. Kincaid, Archer. Mansfield, Albert. Nash, Jos. H., Clk. Supr. Ct. O'Keefe, Jas. T. Ross & Ross. Swart, Franklin, Dist. Atty. Walker, H. W. RIALTO, San Bernardino Co.— Hodge, R. E. RICHMOND, Contra Costa Co.— Alvardo, H. V. Clark, C. A. De Lap, T. H. Grimm, Benj. H. Hall, D. J. Odell, C. A. Smith, Frank. Windrem, L. D. Windrem & Johnston. RIVERSIDE, Riverside Co.— Allen, T. M. Best, Raymond C. Benshoff, C. W. Carnahan, H. L. Collier & Craig. Cornish, A. D. Craig, H. H. Davison, W. C. Densmore, F. E., Supr. Judge. Drew, Asa W. Ellis, W. H. Estudillo, Miguel. Evans, Lyman, Dist. Atty. I'Tench, George A. Gill, L. Gray, Chas. R. Harger, K. D. Hibbard, H. C. Irving, W. G. 1312 hillyer's legal manual. RIVERSIDE, Riverside Co.— Continued. McFarland, L. L, Nightingale, T. S. North, R. L. Porteoiis, T. T. Potter, H. Purington & Adair. Sarau, Geo. Sanders, O. P. Strang, John R. Thompson, H. L. Webb, Holton, Winder, A. H. ROSEVILLE, Sacramento Co.— Gibson, J. B. ST. HELENA, Napa Co.— Nowland, J. A. SACRAMENTO, Sacramento Co.— Adams, J. W. Anderson, W. A. Aram, Eugene. Ashby, W. H. Atkinson, F. F., Dep. Dist. Atty. Baker, Chas. W. Bauer, John. Beckwith, Chas. M. Bidwell, C. H. S. Bliss, Chas. A. Bradford, H. B. Brown, J. Frank. Brown, J. Q. Burnett, A. G., Judge Ct. Appl. Busick, C. O. Butler & Swisler. Carleton, C. C. Carragher, W. J. Chipman, N. P., Judge Ct. Appl. Christiansen, T. H. Clarken, R. M. Cornell, J. D. Cothrin, Foye. Crocker, Chas. H. Dalton, Alfred Jr. Daly, J. S. De Ligne, A. A. De Ligne & Jones. Derby, H. S. Devlin, Wm, A. Devlin & Devlin. Downey & Pullen. Driver, B. F. Driver, P. S. Dunn, Cowan & Brand. Dunn, L. H. Dyas, W. G. Elliott, C. A. Farron, Sam'l E. SACRAMENTO, Sacramento Co.— Con- tinued. George & Hinsdale. George, W. F. Gett, William A. Glenn & Waring. Greene & Smith. Harber, Clinton E. Harris & March. Harris, Chas. B. Hart, A. L. Jr. Hart, E. C, Judge Ct. Appl. Hart & Pipher. Hart, S. R. Hatfield, L. T. Hatfield, Victor L. Henley, W. Holl & Holl. Hopkins, O. G. Howard, B. F. Howe, S. L. Howe, Wm. S. Hughes, J. R. Hughes, Jos. W., Supr. Judge. Inman, J. M. Jackson, E. R. Johnson, Grove L. Johnson, P. H. Johnson & Lemmon. Johnston, John W. Jones, C. T. Jones, J. Chas. Kleinsorge, William E. Larue, H. M. Jr. Latta, Wm. A. Leeper, Thos. B. McCurdy, A. H. McLaughlin, C. E., Judge. McKisick, R. T. Madison, A. J. March, John C. Mars, Frank L. Melteen, C. F. Metteer, C. F. Meredith & Landis. O'Brien, Frank J. Needham, Irving. Phipps, W. T. Pittman, W. B. Platnauer, Rafael. Post, C. N., Supr. Judge. Prewett, J. O. Renfro, W. P. Revnolds, A. B. Rullen, J. F. Sevmour & Yell. ATTORNEYS AT LAW. 1313 SACEAMENTO, Sacramento Co —Con- tinued. Shelley, Hoag & Leeper. Shields, P. J., Supr. Judge. Shinn, Robt. L. Shinn, A. L. Shinn & Shinn. Smith, Albert D. Soule, E. G. Soule, H. G. Swezy, C. E. Tabor, A. R. Thomas, C. W. Jr. Thomas, J. C. Tuttle, Chas. A. Wachhorst, E. S., Dist. Atty. Warhaftig, M. S. Wharton, Z. F. White, Miller, Needham & Harber. White, Clinton L. SALINAS, Monterey Co.— Alexander & Alexander. Andresen & Sargent. Andresen, J. A. Bardin, J. A. Browne, Maxwell. Coan, J. W. Daugherty, G. A. Daugherty & Lacey. Feliz, Fred P. Fontes, Frank. Lacey, C. F. Norris & Warth. Pence, W. M. Renison, Thos. Rosendale, C. B. Sargent, B. V. White, W. S. Zabala, P. E. SAN ANDREAS, Calaveras Co.— Dower, Will A. Hancock, John. McSorley, A. I., Supr. Judge. Reed, L H. Snyder & Snyder. Solinsky, F. J. Wehe, F. R. SAN ANSELMO, Marin Co.— Goddard, E. N. SAN BERNARDINO, San Bernardino Co.— Allison, C. L. Barnes, J. W. Bates & Hodge. Bledsoe, Benj., Supr. Judge. Bledsoe, R. E. Brown, John Jr. Campbell, Jno. L. 83 SAN BERNARDINO, San Bernardino Co. — Continued. Chase, Herbert H. Curtis & McNabb. Curtis, J. W. DaJey & Byrne. Daley, F. E. Duckworth, T. W. Frugillo, Albert D. Goodcell, R. B., Dist. Atty. Good^ell & Waters. Goodcell. H. Jr. Hartzel, Walter J. Haskell, C. C. Hellyer, Geo. W. Johnson, Geo. H. Katz, E. Leonard & Butt. Leonard, J. A. McHargue, Robt. M. Mack, J. L. Marks, C. H. Oster, F. F., Supr. Judge. Pittman, S. M. Stephenson, J. W. Swing, R, Willis & Gutherie. Willis, H. M. SAN DIEGO, San Diego Co.— Amos, A. Andrews, C. N. Andrews, Percy. Andrews, W. R. Bancroft, G. Barnes, Alexander J. Baxter, W. L. Binnard, M. Boone, L. L. Bowman, A. B. Briggs & Seavey. Brumbaek, A. M. & E. B. Bryan, Solon, J. P. Burch, Charles E. Burkhart, Y. C. Burr, L. L. Byrd, C. T. Capps, E. E. Carter, Geo. S. Casey, P. H. Chalk, D. D. Chambers, C. L. Chatterson, J. M. Clasen, F. J. Cleveland, D. Coffield, H. B. Collier, D. C. Jr. Comly, H. R. Conrad, Grant. Connell, Stephen. Cox, Ezra. 1314 HILLYER'S LEGAL MANUAL. SAN DIEGO, San Diego Co.— Con- tinued. Crouch & Harris. Cushman, W. K. Dadmun, L. E. Daney, Eugene. Daniel, H. B. Davin, E. L. Doolittle, H. E. Ecker, W. H. C. Egermayer, J. H. Estep, W. G. Fisher, G. W. Fleming, M. H. Forward, Chas. H. Francis, W. H. Francis, W. W. French, Arthur T. French, G. K. Garfield, G. W. Ginder, William E. Glidden & Hotchkiss. Gray, Gordon L. Guinon, M, F. Guy, W. E., Supr. Judge. Haines & Haines. Haines, A. Hammack, N, S. Harris, K. M, Hendrick, E. W. Heskett, F. H. Hizar, J. C. Hodge, Frank. Hoff, G. F. Hopkins, H, C, Dep. Dist. Atty. Hubbell, L. E. Humphrey, Wm, Ingle, Gordon. Johns, Wm. H. Johnson, Carl Alex. Jordan, A. D, Keating, J. E. Kendall, E. I, Kew, M. King, J. D. Kipp, Sylvester. Kipp, V. S. Kirby, L. E. Kirby & Eeed. Kirk, E. E. Lacey, Sherman. Lamme, E. H. Lamradid, Thomas. Lannon, Edw. T. Lreovy & Leovy. Leovy, Geo. J. SAN DIEGO, San Diego Co.— Con- tinued. Lewis, T. L., Supr. Judge. Lockwood, E. Luce, Sloane & Luce. McKes, C. W. McKee, E. D. Mahoney, D. V. Mannix, John B. Miller, G. L Mills & O'Farrell. Moody, H. L. Moore, J. H. Morganstern, A. J. Morrison, Wm. L. Mossholder, Mark P. Mossholder, E. P. Mossholder, W. J. Mouser, A. C. Mouser, H. S. Muir, Orin N. North, S. G. O'Farrell, Fred. O'Keefe, Jas. E. O'Neal, S. D. Olmstead, M. L. Owers, F. W. Palmer, H. H. Palmer, Tyndall. Peterson, E. W. Phillipi, J. B. Pickford, E. H. Pritchard, Chas. P. Puterbaugh, J. Quirk, James. Eamsdell, C. G. Eeed, T. Eiall, E. Eiley & Hubbell. Eippey, C. H. Eobbins, Marcus W. Eodgers, T. S. Eogers, W. J. Eoup, C. J. Eyan, Thomas. Sackett, S. A. Sayre, Hardy F. Scheld, H. W. Schoonover, Albert Schroeder, Otto. Seavey, E. L. Selleck, C. G. Shea, M. Shreve, Dorn & Shreve. Sloane, Harrison G. Sloane, W. A. Smith, E. F. ATTORNEYS AT LAW. 1315 SAN DIEGO, San Diego Co.— Con- tinued. Smith, Sam F. Sorenson, M. Soto, J. M. Sparks, H. H. Sparks, Ray. Spriggs, P. Stevens, Fred. Stevens, T. Summer, C. E. Swancara, Frank. Sweet, A. H. Swope, B. F. Taylor, D. G. Thomas, E. L. Thompson, Adam. Thorp, M. R. Titus, H. L. Titus, Horton. Torrance, E. S. Torrance, E. Swift. ' Tucker, J. Z. Utlev, H. S., Dist. Atty. Utt, L. J. Valenzuela, M. R, Van Winkle, C. H. Wadham & Cosgrove. Wadham, Jas. E. Walker, C. A. Ward & Ward. Ward, J. M. Ward, M. L. Watson, Geo. B. Weinberger, J, Welch, L. D. Wheeler, O. W. White, Guy C. Wright & Winnek. Wright, L. A. Wright, A. F. H. Wynn, C. H. Zastrom, L, H. SAN FRANCISCO, San Francisco Co.— Abbott, Wm. M., Holbrook Bldg.; Sutter 3200. Ach, Henry, 316 Balboa Bldg.; Kearny 29. Acker, N. A., Foxcroft Bldg.; Kearny 4289. Ackerman, I. C, Humboldt Bk. Bldg., Kearny 5859. Ackerman, L, S., Nevada Bk. Bldg.; Kearny 3825. Ackerman & Oppenheim, Humb. Bk. Bldg.; Kearny 5859. SAN FRANCISCO, San Francisco Co.— Conttinued. Acton, Wm. B., Merchants Ex. Bldg.;^ Sutter 2725. Adams, 'Annette A., Monad. Bldg.; Sutter 3388. Adams, C. A., Humboldt Bk. Bldg.; Douglas 275. Adams, C. F., Mills Bldg.; Douglas 238. Adams, E. M., 2777 Pine St. Adams & Adams, Humb. Bk. Bldg.; Douglas 275. Aikins, Broute M., Mills Bldg. Ainsworth, R. T., Mills Bldg., Sut- ter 1116. Aitken & Aitken, Monadnock Bldg.; Douglas 2522. Alexander, Jewel, Mills Bldg.; Kearny 752. Alexander, D. E., Pacific Bldg.; Douglas 1538. Alexander, J. E., Mills Bldg.; Sutter 1140. Alexander & O'Donnell, Pacific Bldg.; Douglas 1538. Allan, Thos. A., Alaska Coml. Bldg.; Sutter 2360. Allen, H. C, Mills Bldg.; Douglas 4188. Allen, E. O., Monadnock Bldg.; Kearny 2191. Allen, W. W. Jr., Humb. Bk. Bldg.; Douglas 1110. Ailing, Horatio, Mills Bldg.; Sutter 2054. Ames, B. F., 251 Kearny; Douglas 2430. Ames, Fisher, Pacific Bldg.; Doug- las 2780. Ames & Manning, Pacific Bldg. ; Douglas 2780. Andrews, W. S., Nevada Bank Bldg.; Douglas 715. Andros & Hengster, Kohl Bldg. ; Sutter 666. Anthony, H. M., Monadnock Bldg.; Kearny 1676. Anthony, Marc, 964 Market; Frank- lin 827. Antonovich, Wm. G., 604 Montgy. ; Douglas 1858. Appell, Geo., Clunie Bldg.; Sutter 2140. Armstrong, C. H., Phelan Bldg.; Douglas 1827. Armstrong, R. M. J., 250 Montgom- ery; Sutter 1250. Asher, H. K., French Bank Bldg.; Kearny 3405. 1316 HILLYER^S LEGAL MANUAL. SAN FKANCISCO, San Francisco Co.— Oonitinued. Asher, Meyerstein & McNutt, French Bank Blclg.; Kearny 3405. Asher, M., 522 Lyon; West 7321. Asher, M. L., Merchants Natl. Bk. Bldg.; Douglas 1787. Athearn, F. G., Balboa Bldg.; Sutter 2713. Atwood, C. G., Mills Bldg.; Douglas 1872. Austin, F. B., Flood Bldg.; Kearny 3160. Aydelotte, Wm. M., Hearst Bldg.; Sutter 640. Bacigalupi, Jas. A., Bk. of Italy Bldg.; Douglas 3470. Bacigalupi & Elkins, Bk. of Italy Bldg.; Sutter 1321. Bacigalupi & Elkins, Bk. of Italy Bldg., Sutter 1321. Bacon, W. E., Call Bldg.; Sutter 1443. Badt, Milton B., Chronicle Bldg.; Kearny 3340. Baer, Chas., Pacific Bldg.; Sutter 914. Bahrs, G. H., Humboldt Bk. Bldg.; Kearny 4670. Baldwin, A. E., Mills Bldg.; Sutter 1651. Baldwin, Lloyd, Mills Bldg.; Doug- las 799. Ball, A. E., Mills Bldg.; Douglas 1339. Ball, Byron, Pacific Bldg.; Sutter 530. Ballantine, J. A., Monadnock Bldg.; Kearny 621. Bancroft, Philip, Monadnock Bldg.; Kearny 972. Bar Assn., Pacific Bldg.; Douglas 1536. Baraty, G. L., Humboldt Bank Bldg.; Douglas 1321. Barber, O. T., Merchants Natl. Bk. Bldg.; Sutter 5010. Barendt, A. H., Mills Bldg.; Doug- las 1838. Barkley, G. S., Hewes Bldg.; Sutter 2338. Barnard, Archibald, Merchants Natl. Bk. Bldg.; Kearny 97. Barnett, A. T., City Hall; Market 3201. Barnett, John F., Mills Bldg, Kearny 4067. Barrett, E. T., Humboldt Bk. Bldg Douglas 5983. Barrett, John J., Flood Bldg Kearny 2960. SAN FEANCISCO, San Francisco Co.— Continued. Barrett, E. W., Humboldt Bk. Bldg.; Kearny 5861. Barrett & Thomas, Humboldt Bk. Bldg.; Kearny 5861. Barrows & Barrows, Mut. Bk. Bldg.; Kearny 3285. Barry, J. E., NW. Pine & Leides- dorff; Kearny 4011. Bartlett, Louis, Call Bldg. ; Kearny 5750. ■ Bates, Geo. E., 333 Kearny; Sutter 616. Bath, E. G., Mills Bldg.; Sutter 2054. Bauer, H. A., Merchants Ex. Bldg.; Sutter 2626. Baum, A. E., Mills Bldg.; Sutter 1768. Baumberger, E. J., Pacific Bldg.; Douglas 1857. Bayne, Eichard, Crocker Bldg., Kearny 4056. Beach, H. C, Standard Oil Bldg., Kearny 102. Beatty, H. N., Mills Bldg.; Douglas 1339. Becsey, Eoland, Call Bldg.; Kearny 4207. Bedford, W. W., Mechanics Bldg.; Douglas 3493. Beedy, Louis S., Alaska Coml. Bldg.; Kearny 3945. Belcher, E. A., Union League Club; Douglas 4540. Bell, F. v., Mills Bldg.; Sutter 46. Bell, Geo. L., Kohl Bldg.; Sutter 666. Bell, Golden W., Kohl Bldg. ; Sutter 666. Bell, Theodore, Crocker Bldg.; Douglas 259. Bellew, E. E., Call Bldg.; Douglas 4913. Benham, G. B., Hearst Bldg. Kearny 3485. Benjamin, P. ,L., Pacific Bldg. Douglas 602. Bennett, J. E., Humboldt Bk. Bldg. Douglas 3097. Berretta, J. W., Humboldt Bk Bldg.; Sutter 1056. Bergerot, P. A., French Bk. Bldg Kearny 1978. Bergin, T. L, 2012 Jackson; Fill- more 3345. Berry, F. L., Hall of Justice; Mar- ket 3201. Berry, Olin M., Merchants Natl. Bk. Bldg; Kearny 2734. ATTORNEYS AT LAW. 1317 SAN FEANCJSCO, San Francisco Co.— Conitinued. Bianchi, A. B., Monadnock Blrlg.; Douglas 2522. Bianchi, Jr., Eugene, Mechanics Inst. Bldg.; Kearny 4543. Biddle, J. H., Mills Bldg.; Sutter 1140. Bien, Jos. E., 209 Post: Kearny 2000. ^ Bien & Jackson, 209 Post; Kearny 2000. ^ Birnbaum, Milton, 273 Valencia; Market 10. Bishop, Tyndall, 311 California. Black, A. P., Mechanics Bank Bldg. ; Sutter 750. Blake, J. M., Mills Bldg.; Douglas 5990. ^ Blakeman, T. Z., 420 Phelan Bldg.; Kearny 4311. Blanchard, M. S., Foxcroft Bldg.; Douglas 1794. Bledsoe, A. J., Merchants Natl. Bk. Bldg.; Douglas 3077. Block, Benj., Foxcroft Bldg.; Doug- las 4996. Bloom, S., Foxcroft Bldg.; Douglas 745. Blum, Max, 255 California; Doug- las 950. Bluxome, Jos. F., Nevada Bk. Bldg. Kearny 833. Boalt, G. D., 1st Natl. Bank Bldg. Sutter 1036. Boardman, L. P., Crocker Bldg. Kearny 5548. Bogue, Samuel R., Mills Bldg. Douglas 5289. Boland, F. E., Sharon Bldg.; Sutter 4600. Bolton, A. E., Crocker Bldg. Kearny 2487. Booth, Wm. F., Foxcroft Bldg. Kearny 4289. Borland, Robt. H., Cal.-Pac. Bldg. Sutter 3144. Bosley, W. B., 445 Sutter; Franklin 140. Botts, E. J., Humboldt Bk. Bldg. Douglas 1110. Bourdette, J. W., Call Bldg. Kearny 4630. Bourdette & James, Call Bldg. Kearny 4630. Bowie, J. F., Nevada Bk. Bldg. Douglas 715. Boyer, J. H., Merch. Natl. Bk Bldg.; Douglas 832. Boynton, A. E., Alaska Coml. Bldg Sutter 2345. SAN FRANCISCO, San Francisco Co.— ■Conitinued. Boynton, C. C, Mills Bldg.; Kearny 4399. Brady, F. E., Mills Bldg.; Douglas 1707. Branagan, A. J., Underwood Bldg. Kearny 3154. Brand, Arthur, Pacific Bldg.; Doug las 3544. Brandenstein, H. U., Mills Bldg. Kearny 5758. Brandon, F. D., Hewes Bldg. Douglas 4896. Brandt, I. B. L., Mills Bldg. Douglas 1804. Brann, W. S., Monadnock Bldg. Kearny 5290. Bray, A. F. Jr., Nevada Bk. Bldg. Kearny 833. Breen, P. A., Chronicle Bldg. Kearny 3282. Breen & Kelly, Humboldt Bldg. Kearny 5740. Breeze, T. H., Mills Bldg.; Douglas 5289. Brennan & Lane, Kohl Bldg.; Kearny 783. Breslauer, T. L., Humboldt Bk. Bldg.; Sutter 2654. Bride, John R., Merch. Natl. Bk. Bldg.; Kearny 5126. Bridgford, E. A., Clunie Bldg.; Douglas, 4014. Briggs, H. F., Mills Bldg.; Sutter 1555. Brittain, F. S., Merch. Natl. Bk. Bldg.; Kearny 1221. Brobeck, W. I., Crocker Bldg.; Sut- ter 666. Brodsky, H. J., 91 Drumm; Kearny 4350. Brookman, Douglas, Coml. Bldg.; Sutter 2544. Brown, A. J., Foxcroft Bldg.; Sut- ter 2544. Brown, Chas. L., Pacific Bldg.; Sutter 914. Brown, F. D., Humboldt Bk. Bldg; Kearny 5861. Brown, I. I., Nevada Bk. Bldg.; Douglas 346. Brown & Baer, Pacific Bldg.; Sut- ter 914. Brownstone, L. H., Chronicle Bldg.; Kearny 3340. Brun & Fairchild, French Bk. Bldg. ; Douglas 3287. Brune, E. L., Chronicle Bldg.; Kearny 3876. Bryan, W. H., Monadnock Bldg.; Kearny 2487. 1318 HILLYER'S LEGAL MANUAL. SAN FBANCISCO, San Francisco Co.— Oonrtinued. Back, F. H. Jr., Chronicle Bldg.; Sutter 931. Bufford, C. M., Call Bldg.; Douglas 4232. Bull, F. P., Pacific Bldg.; Douglas 2623. Bunker, W. B., Crocker Bldg. ; Douglas 1668. Burbank, D. W., 1st Natl. Bk. Bldg.; Sutter 345. Burke, Andrew F., Flood Bldg.; Kearny 3116. Burks, L. E. Mills Bldg.; Kearny 4067. Burnett, J. M., Humboldt Bk. Bldg.; Sutter 1056. Burnett, Lester G., Humboldt Bk. Bldg.; Douglas 5447. Burnett, W. S., Newhall Bldg.; Kearny 2897. Burnett, W. W., Kohl Bldg.; Kearny 783. Busch, Geo. H., Merch. Natl. Bk. Bldg.; Sutter 2698. Bush, Saml. T., Monadnock Bldg.; Douglas 2602. Byington, L. F., Call Bldg.; Douglas 99. Byrne, L. D., Monadnock Bldg.; Kearny 2008. Cadwalader, B. L., 454 Montgomery St. Cahen, Adolf, Mills Bldg.; Douglas 826. Cailleaud, A. A., Mills Bldg.; Sutter 2311. Calahan, C. B., 1112 Market; Mar- ket 2993. Calden, G. C, 34 Ellis; Kearny 5410. Caminetti, A., Jr., Alaska Coml. Bldg. ; Sutter 940. Campbell, Archie, Pacific Bldg.; Sutter 2832. Campbell, D. Y., 260 California; Kearny 2576. Campbell, Ira A., Merch. Ex. Bldg.; Kearny 2897. Campbell, J. C, Mills Bldg.; Sutter 1720. Cannon, K. W., Holbrook Bldg.; Sutter 3200. Cannon, Wm. M., Holbrook Bldg.; Sutter 3200. Cantrell, E. W., First Natl. Bk. Bldg.; Sutter 2467. Carey, M. R., First Natl. Bk. Bldg.; Douglas 530. SAN FRANCISCO, San Francisco Co.— Continued. Carne, J. E., 3248 Mission; Mission 1328. Carr, Sterling, Holbrook Bldg.; Douglas 511. Casey, Hiram E., French Bk. Bldg. ; Kearny 3405. Cashman, W. E., Royal Ins. Bldg.; Kearny 4557. Casserly, J. B., Pacific Bldg.; Doug- las 1311. Castelhun, F. J., Hewes Bldg.; Douglas 1861. Cator, T. V., 3908 23d St.; Mission 3044. Caubu, W. P., Grant Bldg.; Market 5737. Cavagnaro, Jos. F., 604 Montgomery St.; Douglas 1858. Cavitt, W. C, Hearst Bldg. ; Sutter 1764. Cerf, Marcel E., City Hall; Douglas 1196. Chadbourne, H, F., Foxcroft Bldg.; Kearny 988. Chamberlain, W. H., Pacific Bldg.; Douglas 2638. Chapman, E. C, Mills Bldg.; Doug- las 2924. Chapman, I. F., Balboa Bldg.; Kearny 1555. Chapman, W. H., Foxcroft Bldg; Kearny 3319. Chappel, R. N., Pacific Bldg.; Doug- las, 231. Chester, T. W., Merch. Natl. Bk. Bldg.; Kearny 1221. Chickering, A. L., Merchants Ex. Bldg.; Kearny 2273. Chickering, W. H., Merchants Ex. Bldg.; Kearny 2273. Chickering & Gregory, Merchants Exch. Bldg.; Kearny 2273. Chloupek, E. L., Chronicle Bldg.; Kearny 3876. Choynski, Herbert, French Bk. Bldg.; Kearny 5879. Choynski, M. L., Merchants Exch. Bldg.; Kearny 3870. Chretien, J. M., Foxcroft Bldg.; Kearny 3319. Christie, Walter, Call Bldg.; Kearny 4658. Christin, Charles A., Foxcroft Bldg. ; Kearny 988. Clark, Geo., Mechanics Bank Bldg.; Sutter 750. Clark, W. P., Call Bldg.; Sutter 428. Clarke, F. E., Mills Bldg.; Douglas 3664. ATTORNEYS AT LAW. 1319 SAN FEANCISCO, San Francisco Co.— Continued. Clarke, F. M., Merch. Natl. Bk. Bldg.; Douglas 3666. Clarke & Kinsey, Merch. Natl. Bk. Bldg.; Douglas 3666. Clausen, E. A., Humboldt Bk. Bldg. ; Douglas 5983. Clay, W. H., Pacific Bldg.; Douglas 915. Clayberg & Whitmore, Pacific Bldg. ; Sutter 470. Cleary, Frank, Flood Bldg.; Kearny 3160. Clute, John F., Royal Ins. Bldg. Cobb, W. H., Humboldt Bk. Bldg.; Sutter 1935. Cochrane, J. W., Hearst Bldg.; Kearny 4645. Cofleey, E. J., Mills Bldg.; Douglas 1625. Coffey, J. v., Mills Bldg.; Douglas 1625. S ^ S Coghlan, J. P., 445 Sutter; Sutter 140. Coghlan, J. J., Royal Ins. Bldg.; Kearny 4557. Colby, W. E., Mills Bldg.; Sutter 1116. Colston, J. E., Pacific Bldg. ; Kearny 3510. Colton, A. O., Mills Bldg.; Douglas 1707. Colvin, F. M., Foxcroft Bldg.; Sut- ter 1798. Comte, A. Jr., 333' Kearny; Douglas 663. Conlan, J. G., City Hall; Market 3201. Conlin, E. F., Mills Bldg.; Douglas 191. Conlin, Henry, Pacific Bldg.; Doug- las 2638. Conly, W. H., 251 Kearny; Kearny 5547. Connolly, G. A., Mills Bldg.; Doug- las 1350. Coogan, A. J., Merchants Ex. Bldg.; Kearny 3870. Coogan, T. C, Merchants Ex. Bldg. Kearny 3870. Cook, Carroll, Chronicle Bldg. Douglas 90. Cook, Finlay, Cal.-Pac. Bldg.; Doug- las 523. Cook, Norman D., Pacific Bldg. Kearny 5966. Cook, Wm. H., Chronicle Bldg.; Douglas 90. Cooley, A. E., 1st Natl. Bk. Bldg. Sutter 345. SAN FRANCISCO, San Francisco Co.— Continued. Coonan, C, Merchants Natl. Bk. Bldg.; Douglas 520. Cooper, E. T., Crocker Bldg.; Kearny 3918. Cooper, J. A., Mills Bldg.; Kearny 4950. Corbet, Burke, Ist Natl. Bank Bldg.; Kearny 2875. Corbet & Selby, Ist Natl. Bk. Bldg.; Kearny 2875. Cormac, T. E. K., 268 Market Kearny 4590. Cornish, F. V., Underwood Bldg. Kearny 3154. Corson, H. L., Foxcroft Bldg. Douglas 3574. Cosby, Geo. F., Pacific* Bldg. Douglas 5405. Cosgrave, Dave, Merch. Natl. Bk Bldg.; Sutter 251. Costello, F. A., Phelan Bldg.: Kearny 556. Costello, S. v., Phelan Bldg. Kearny 556. Costello & Costello, Phelan Bldg. Kearny 556. Cothran, E. E., Russ Bldg. Douglas 5188. Cotton, A. R., Kohl Bldg.; Kearny 783. Countryman, R. H., Mills Bldg.; Sutter 508. Courneen, Peter F., Mechanics Bldg.; Douglas 3493. Cousins, W. G., Phelan Bldg.; Douglas 4330. Cowdery, J. F., Kohl Bldg.; Kearny 1778. Crabbe, J. H., Pacific Bldg. Craig, Chas. F., Humboldt Bk. Bldg.; Sutter 2040. Craig, J. Early, Clunie Bldg.; Kearny 715. Crane, A., Muirhead Bldg.; Kearny 615. Crawford, F. W., Popular Bk. Bldg.; Douglas 4392. Creed, W. E., Balboa Bldg.; Kearny 738. Creighton, C. E. A., New City Hall, Market 3201. Creswell, H. T., 209 Post; Kearny 1414. Crist, Wiley F., Russ Bldg. Kearny 1261. Crittenden, J. L., Mills Bldg. Douglas 5990. Crittenden, W. C, Clunie Bldg. Kearnv 617. 1320 HILLYER'S LEGAL MANUAL. SAN FKANCISCO, San Francisco Co — Continued. Crook, A. H., Merch. Natl. Bk. Bldg.; Douglas 4757. Cross, C. W., Balboa Bldg.; Kearny 4774. Cross, E. H., Mills Bldg.; Kearny 4310. Cross & Newburgh, Balboa Bldg.; Kearny 4774. Crothers & Crothers, Chronicle Bldg.; Kearny 25. Crowley, T. J., Chronicle Bldg.; Kearny 1706. Cruzan, Harold Ide, Call Bldg. Cullinan & Hickey, Phelan Bldg.; Sutter 92t). Cunha, E. A., Kohl Bldg. Curley, Jos. T., Pacific Bldg.; Douglas 3481. Curran, T. E., Mills Bldg.; Doug- las 1339. Curtin, D. A., Monadnock Bldg.; Kearny 2538. Cushing & Cushing, 1st Natl. Bk. Bldg.; Kearny 1836. Cutler, F. A., Crocker Bldg.; Kearny 4031. Cutten, Chas. P., 445 Sutter; Sut- ter 140. Daggett, A. K., Nevada Bk. Bldg.; Douglas 40. Dailey, John J., Cal.-Pac. Bldg.; Sutter 551. Dall, C. G., Balboa Bldg.; Kearny 738. Dam, C. L., Clunie Bldg.; Sutter 2140. Dam, F. H., Pacific Bldg.; Douglas 1223. D'Ancona, A. D., City Hall; Mar- ket 1612. Daniels, J. R., Foxcroft Bldg. Kearny 3227. Daniels, R. P., Monadnock Bldg. Kearny 3596. Dannenbaum, A. J., Pacific Bldg. Kearny 2817. Davidson, T. D., Flood Bldg. Kearny 3116. Davidson, W. W., 1028 Market Market 5267. Davies, W. E., Mechanics Inst. Bldg.; Kearny 4742. Davis, E. B., 200 Bush St. Davis, Geo. M., Mills Bldg.; Kearny 2692. Davis, H. H., Monadnock Bldg.; Douglas 1434. SAN FRANCISCO, San Francisco Co.— Continued. Davis, John F., Humboldt Bk. Bldg.; Douglas 3865. Davis, M. M., City Hall; Market 340. Deahl, J. L., Kohl Bldg.; Kearny 4678. Deal, W. E. F., Mills Bldg.; Doug- las 1829. Deal, W. G., Mills Bldg.; Douglas 1829. Deasy, D. C, Hall of Justice; Douglas 1350. Deering, F. D., Nevada Bk. Bldg.; Kearny 1675. Deering, J. H., City Hall; Market 3201. Deirup, J. A., Russ Bldg.; Kearny 1261. De Forest, J. G., Foxcroft Bldg.; Kearny 4451. De Journel, F., Phelan Bldg.; Douglas 3481. De Laveaga, J. V., Mills Bldg.; Douglas 4188. De Laveaga & Magee, Mills Bldg.; Douglas 4188. De Martini, W. J., Mills Bldg.; Sutter 429. Denicke, F. A., Nevada Bk. Bldg.; Kearny 833. Denman, Wm., Merchants Ex. Bldg.; Sutter 3725. Denson, H. B., First Natl. Bk. Bldg.; Sutter 345. Denson, S. C, First Natl. Bk. Bldg.; Sutter 345. Denson, Cooley & Denson, First National Bank; Sutter 345. Derby, S. H., Merchants Ex. Bldg.; Kearny 3182. Derham, Jos., Phelan Bldg.; Sutter 920. Dernham, Monte A., Mills Bldg.; Sutter 1555. Dessouslavy, A. P., French Bk. Bldg.; Kearny 1978. De Vail, A. M., Mills Bldg.; Doug- las 5990 Devlin, R. T., Mills Bldg.; Sutter 2225. Devlin, Devlin & Maddux, Mills Bldg.; Sutter 2225. Devoto, Richardson & Devoto, Foxcroft Bldg.; Douglas 1140. Dibble, Oliver, Mills Bldg.; Kearny 3819. Dibblee, A. J., Crocker Bldg.; Kearny 3299. ATTORNEYS AT LAW. 1321 SAN FRANCISCO, San Francisco Co.— Continued. Didion, Geo. N., Pacific Bldg. Douglas 1857. Dimmer, J., Monadnock Bldg. Kearny 4014. Dinkelspiel, H. G. W., Call Bldg. Kearny 4173. Diviny, T. M., 244 Kearny Kearny 734. Dobbins, B. W., Pacific Bldg. Douglas 1538. Dolan, J. J., Mutual Bk. Bldg. Kearny 3192. Dorn, C. D., Phelan Bldg.: Kearny 1995. Dorn, F. A., Phelan Bldg.; Kearny 1995. Dorn, N. A., Phelan Bldg.; Kearny 1995. Dorn, W. E., Hearst Bldg.; Doug- las 1719. Dorn, Winfield, Merchants Ex. Bldg.; Kearny 2273. Dorn & Dorn & Savage, Humboldt Bank Bldg.; Kearny 5861. Dorsey, J. W., Royal Ins. Bldg.; Kearny 4557. Dorsey "& Henderson, 201 San- some; Kearny 4557. Doud, Wm. E., 306 Bush; Douglas 3691. Dougherty, Geo. J., Phelan Bldg.; Kearny 5768. Douglas, C. N., 20 Montgomery; Douglas 5740. Douglass, L. B., Pacific Bldg.; Douglas 1538. Dow, W. A., Mills Bldg.; Douglas 2595. «> S Downing, W. S., Mills Bldg.; Kearny 1266. Dozier, Thos. B., 1st Natl. Bk. Bldg.; Kearny 1691. Draper, T. F., Nevada Bk. Bldg.; Kearny 713. Dreher, F. L., Bk. of Italy Bldg.; Douglas 2746. Drew, F. C, Balboa Bldg.; Doug- las 2746. Drown, W. N., Cal.-.Pac. Bldg.; Kearny 1435. Drown, Leicester & Drown, Cal.- Pae. Bldg.; Kearny 1435. Drum, J. S., S. F. Savings Union Bldg.; Kearny 4990. Duane, W. H., HeaY-st Bldg.; Sutter 2869. Duffy, D. M., Mills Bldg.; Douglas 763. SAN FRANCISCO, San Francisco Co.— Continued. Duke, R. D., Millg Bldg.; Douglas 1700. Dunand, L. F., Foxcroft Bldg,; Kearny 3319. Dunkley, L. P., Hearst Bldg.; Sutter 2271. Dunlap, Boutwell, 1st Natl. Bk. Bldg.; Kearny 2369. Dunn, Francis, Mills Bldg.; Doug- las 1339. Dunn, T. F., Grant Bldg.; Mar- ket 434. Dunne, Hon. F. H., 1907 Leaven- worth. Dunne, J. J,, Mills Bldg.; Douglas 3664. Dunne, P. F., Crocker Bldg.; Sut- ter 666. Du Py, Octave G., Merch. Ex. Bldg.; Kearnv 1480. Durbrow, C. W., Flood Bldg.; Kearny 3160. Duryea, F. A., 444 Market; Doug- las 2367. Dwyer, J. J., Hearst Bldg.; Doug- las 422. Earl, G. C, 233 Post; Sutter 3400. Eastin, C. W., Pacific Bldg.; Doug- las 3153. Eckhoff Wm. T., 20 Montgomery; Douglas 5740. Eells, C. P., 343 Sansome; Kearny 5713. Eells, H. K., Crocker Bldg.; Kearny 3918. Egan, G. C. W., Nevada Bk. Bldg.; Sutter 422. Ehrman, S. M., Nevada Bk. Bldg.; Kearny 941. Eickhoff, Henry, Mills Bldg.; Sut- ter 1116. Eisner, M. S., Russ Bldg.; Kearny 3249. Eisner, N. A., Crocker Bldg.; Kearny 433"0. Elkins, Luther, Merch. Natl. Bk. Bldg.; Douglas 520. Elkus, De Y., Bank of Italy Bldg.; Sutter 1321. Elliot. A. H., 34 Ellis; Kearny 5410. Elsworth, Oliver, Mills Bldg.; Douglas 3579. English, J. F., New City Hall; Market 3201. Epsteen, E. M., Chronicle Bldg.; Douglas 902. 1322 hillyer's legal manual. SAN FRANCISCO, San Frauciseo Co.— Continued. Erksine, H. W., Humboldt Bk. Bldg.; Kearny 673. Evans, Perry, Mills Bldg.; Doug- las 5289. Eversole, K. C, Mills Bldg.; Sut- ter 2835. Ey, Frank F., Pacific Bldg.; Sut- ter 530. Fairall, C. H., Balboa Bldg.; Doug- las 737. Fairchild, J. A., French Bk. Bldg. Douglas 3287. Fallon, J. P., Foxcroft Bldg. Kearny 4089. Fallon, F. J., Hotel Arlington Larkin 3800. Farry, Jos., Kohl Bldg.; Douglas 247. Feehan, J. B., Humboldt Bk. Bldg.; Sutter 1056. Fenton, F. L., Mills Bldg.; Sutter 2311. Fenton, J. E., Call Bldg.; Sutter 1846. Ferrari, Louis, Mech. Bk. Bldg.; Douglas 3379. Ferrell, G. D., Merch. Natl. Bk. Bldg.; Douglas 4757. Fickert, C. M., Kohl Bldg.; Kearny 783. Fillippini, J. V. B., French Bk. Bldg.; Kearny 3405. Finch, Fabius T., Hearst Bldg.; Douglas 5676. Finch & Melsted, Hearst Bldg.; Douglas 5676. Fink, Albert, Mills Bldg.; Douglas 246. Fink & White, Mills Bldg.; Doug- las 346. Finnell, Bush, Mills Bldg.; Sut- ter 1584. Firby, Thos. W., Mills Bldg.; Douglas 2684. Firebaugh, C. L., Flood Bldg.; Sut- ter 590 Fitch, Wm. C, Flood Bldg.; Kearny 3160. Fitzmaurice M. O., Mills Bldg.; Kearny 3094. Fitzpatrick & Greeley, Chron. Bldg.; Kearny 38-06. Flannery, J. C, Mills Bldg.; Doug- las 191. Fleming, John T., Humboldt Bk. Bldg.; Kearny 5859. Foley, A. B., Chronicle Bldg:; Kearny 1949. SAN FRANCISCO, San Francisco Co.— Con-tinued. Foley & Olivier, Chronicle Bldg.; Kearny 1949. Foley, E. A., Merch. Natl. Bk. Bldg.; Kearny 5126. Ford, Geo. K., Balboa Bldg.; Kearny 1555. Ford, Tirey L., Holbrook Bldg.; Kearny 2928. Forestell, Lewis P., Call Bldg.; Sutter 428. Forster, E. L., Mills Bldg.; Doug- las 294. Forsyth, Thos. W., Chronicle Bldg.; Kearny 3716. Foulds, E. J., Flood Bldg.; Kearny 3160. Fourtner, A. L., Mechanics Bldg.; Douglas 3379. Fox, F. St. J., Grant Bldg.; Mar- ket 5835. Frank, I. H., Merchants Ex. Bldg.; Kearny 4421. Frank, N. H., Merchants Ex. Bldg.; Kearny 4421. Eraser, L. K., Pacific Bldg.; Doug- las 2267. Fratessa, Paul P., Hearst Bldg.; Douglas 5676. Freidenrich, D., Italian- Am. Bldg.; Douglas 1614. Fritz, A. J., Call Bldg.; Douglas 99. Prohman, I., Kohl Bldg.; Kearny 3916. Frohman & Jacobs, Kohl Bldg.; Kearny 3916. Frost, C. A. S., Mills Bldg.; Kearny 1745. Fuhrman, A., 710 Hayes; Park 500. Gadsby, F. L., Balboa Bldg.; Kearny 29. Gale, C. P., Balboa Bldg.; Kearny 2928. Galvin, Stephen, Phelan Bldg.; Douglas 4330. Gardner, C. F., Pacific Bldg.; Douglas 1538. Garland, A. H., Bank of . Italy Bldg.; Douglas 3319. Gartlan, Jas., Mutual Bk. Bldg.; Kearny 5992. Gartland, J. B., City Hall; Market 505. Gaylord, R. B., Call Bldg.; Doug- las 4232. Gear, H. L., Hewes Bldg.; Kearny 3077. ATTORNEYS AT LAW. 1323 SAN FRANCISCO, San Francisco Co.— Continued. Geary, J. L. Jr., Mech. Inst. Bldg.; Kearny 4742. Geballe, Harry, Phelan Bldg.; Sut- ter 239. Geballe, Oscar, Phelan Bldg.; Sut- ter 239. Geballe & Geballe, Phelan Bldg.; Sutter 239. Gendotti, J. A., First Natl. Bk. Bldg.; Kearny 2369. ' Gendotti & Houston, 1st Natl. Bk. Bldg.; Kearny 2369. Getz, M. M., 45 Kearny; Douglas 2964. Gherini, A., Italian-Am. Bk. Bldg.; Douglas 1606. Gibbs, S. W., Monadnock Bldg.; Sutter 90. Gibson, Wm. M., Phelan Bldg.; Douglas 3191. Gillett, J. N., Underwood Bldg.; Kearny 4031. Gillett & Cutler, Underwood Bldg.; Kearny 4031. Gillis, K. €., Alaska Coml. Bldg.; Kearny 3945. Gillogley, R. W., Humb. Bk. Bldg.; Kearny 5936. Gish, J. D., Humboldt Bk. Bldg.; Douglas 971. Gleason, W. J., Foxcroft Bldg.; Douglas 1989. Glensor, H. W., Merchants Ex Bldg.; Kearny 3182. Goble, F. J., Merchants Inst. Bldg.; Sutter 549. Gogarty, H. H., Standard Oil Bldg.; Kearny 102. Goldaracena, O. M., 4 Columbus Ave.; Douglas 4392. Golden, F. J., Merch. Natl. Bk. Bldg.; Douglas 832. Golden, I. M., Mills Bldg.; Doug- las 5202. Goldman, H., Mills Bldg.; Doug- las 2699. Goldman, Richard S., 1st Natl. Bk. Bldg.; Sutter 1066. Godell, C. J., Alaska Coml. Bldg.; Sutter 2360. Goodfellow, Hugh, 343 Sansome; Kearny 5713. Goodfellow, Eells & Orrick, 343 Sansome; Kearny 5713. Goodrich, C. S., Alaska Coml. Bldg.; Douglas 2742. Goold, H. S., Monadnock Bldg.; Kearny 1676. SAN FRANCISCO, San Francisco Co.— Continued, Gorrill, W. H., First Natl. Bk. Bldg.; Kearny 1836. Gould, F. H., Merch. Natl. Bk. Bldg.; Kearny 4642. Gradwohl, M., Pacific Bldg.; Doug- las 3859. Grady, W. D., Russ Bldg.; Douglas 5252. Graham, Hon. Thos., 2368 Vallejo. Grant, Wm., Merch. Natl. Bk. Bldg.; Kearny 4642. Grau, Otto K., Chronicle Bldg.; Kearny 3876. Graupner, A. E., New City Hall; Market 3201. Graves, W. C, Merch. Natl. Bk. Bldg.; Kearny 1200. Gray, Chas. A., Mills Bldg.; Kearny 4950. Gray, R. S., Crocker Bldg.; Sutter 57. Greeley, J. J., Chronicle Bldg.; Kearny 3806. Greeley, Thos. F., Chronicle Bldg.; Kearny 3806. Green, H. L., Phelan Bldg.; Doug- las 4566. Green, Humphreys & Green, Hol- brook Bldg.; Sutter 367. Green, K. M., Holbrook Bldg. ; Sut- ter 367. Green, Hon. Milton J., Holbrook Bldg.; Sutter 367. Gregory, T. C, Alaska Coml. Bldg.; Sutter 2360. Gregory, Warren, Merchants Ex. Bldg.; Kearny 2273. Griffin, C. P., Pacific Bldg.; Kearny 4815. Griffin, F. A., Mills Bldg.; Doug- las 763. Griffin, J. D., Mills Bldg.; Sutter 4779. Guilfoyle, J. J. Jr., 3547 21st St. Gunther, E. W., Kohl Bldg.; Kearny 5390. Gunzendorfer, G., 127 Montgom- ery; Douglas 1333. Gutsch, Gustav, Holbrook Bldg.; Kearny 3855. Haber, Jos. Jr., Flood Bldg.; Sut- ter 590 Hadsell, D., Foxcroft Bldg.; Sutter 1525. Haines, M. L., Mills Bldg.; Doug- las 5349. Hall, Frederick W., Crocker Bldg.; Kearny 3365. 1324 HILLYER'S LEGAL MANUAL. SAN FRANCISCO, San Francisco Co.— Oonitinued. Hall, Gordon, Mills Bldg.; Doug- las 246. Halsey, Gerald C, Cal.-Pac. Bldg. Sutter 3228. Hamilton, W. H., Mills Bldg. Douglas 237. Hankins, H. J., Pacific Bldg. Douglas 1225. Hankins, S. J., Pacific Bldg. Douglas 1225. Hanley, J. M., Kohl Bldg.; Sutter 242. Hanlon, C. F., 504 Phelan Bldg.; Douglas 4330. Hansen, G., 354 Pine; Sutter 764. Hansen, J. H., Call Bldg.; Kearny 4657. Hanson, E. J., Nevada Bk. Bldg.; Douglas 346. Harding & Monroe, Cal.-Pac. Bldg. ; Sutter 3144. Harloe, J. D., French Bk. Bldg.; Kearny 5879. Harper, C. K., Monadnock Bldg.; Kearny 794. Harper, J. E., Hewes Bldg.; Sut- ter 4369. Harris, A. B., Royal Bldg.; Doug- las 1196. Harris, I., Hearst Bldg.; Kearny 233. Harris & Hees, Hearst Bldg. Kearny 233. Harrison, E. C, Mechanics Inst • Bldg.; Douglas 326. Harrison, Maurice E., Mech. Inst Bldg.; Douglas 326. Harrison, Ralph C, Mills Bldg. Douglas 799. Harrison, Robt., Clunie Bldg Kearny 669. Harrison, Richard C, Mills Bldg Douglas 799. Harrison, Robt. W., Humb. Bk Bldg.; Sutter 1935. Harron, Howard, Chronicle Bldg Kearny 5259. Hart, Henry H., City Hall; Mar ket 3201. Hart, W. H. H., Monadnock Bldg. Sutter 1385. Harwood, A. J., 14 Montgomery Douglas 523. Hassett, M. C, Foxcroft Bldg. Douglas 1989. Hatfield, G. J., Crocker Bldg.; Sut ter 666. Hathaway, B. F., Mills Bldg. Douglas 3164. SAN FRANCISCO, San Francisco Co.— Continued. Hathorn, Ralph L., Foxcroft Bldg. Douglas 1470. Hatton, Geo. F., Humb. Bk. Bldg. Douglas 1321. Haven, Thos. E., Balboa Bldg. Sutter 2713. Haven & Athearn, Balboa Bldg. Sutter 2713. Hawkins, Wm., Postoflace Bldg. Market 301. Hayden, T. E., Monadnock Bldg. Douglas 1218. Hayes, Wm. J., Pacific Bldg. Douglas 1225. Hayne, B. A., Clunie Bldg. Kearny 715. Hayne, Duncan, Clunie Bldg. Kearny 715. Healy, "Timothy, Humboldt Bk Bldg.; Sutter 4810. Heaney, John Wm., Mills Bldg. Douglas 238. Hebbard, J. C. B., Mills Bldg. Kearny 3094. Heggerty, C. J., Crocker Bldg. Kearny 4145. Heller, E. S., Nevada Bk. Bldg. Kearny 941. Heller, Powers & Ehrman, Nev Bk. Bldg.; Kearny 941. Henderson, C. B., 201 Sansome Kearny 4557. Henderson, J. W., Humb. Bk Bldg.; Douglas 1110. Hendricks, Scott, Mills Bldg. Sutter 1116. Hendrick&on, Wm. Jr., Shreve Bldg.; Douglas 3898. Heney, F. J., Phelan Bldg.; Kearny 5724. Hengstler, L. T., Kohl Bldg.; Sut- ter 666. Hennessy, F. J., Grant Bldg.; Mar- ket 3201. Henning, C, Hearst Bldg. ; Doug- las 2298. C1845. Henshall, R. P., Merch. Natl. Bk. Bldg.; Douglas 520. Hernan, M. H., Holbrook Bldg.; Sutter 3391. Herrin, Wm. F., Flood Bldg.; Douglas 3595. Herrington, Clayton. Humboldt Bldg.; Douglas 5983. Herron, W. F., Humboldt Bk. Bldg.; Douglas 3595. Hess. W. T., Hearst Bldg.; Kearny 233. ATTORNEYS AT LAW. 1325 SAN FRANCISGO, San Francisco Co.— Continued. Hewlett, Geo., Kohl Bldg.; Kearny 5390. Heynemann, A., 832 Mills Bldg Kearny 3977. Hickman, F. N., Russ Bldg.; Sut ter 2013. Hilborn, L. A., Crocker Bldg Kearny 3365. Hillebrandt, F. H., Mutual Bk Bldg.; Kearny 3271. Hillyer, Curtis, Chronicle Bldg Kearny 3716. Hinton, Guy, Pacific Bldg.; Doug las 5820. Hirshberg, D. S., Pacific Bldg Douglas 1899. Hobbs, H. W., Flood Bldg. Hobson, H. F., 525 Market; Doug- las 1676. Hodghead, Beverly L., Holbrook Bldg.; Sutter 1737. Hoefler, L. M., Cal.-Pac. Bldg. Douglas 523. Hoerchner, E. R., Phelan Bldg. Kearny 556. Hoey, John A., Clunie Bldg. Kearny 715. Hogan, John S., Foxeroft Bldg. Kearny 988. Hogevoll, S. T., Call Bldg.; Sutter 442. Hohfeld, K, Crocker Bldg.; Sutter 666. Hollingsworth, A. W., 3053 16th St.; Park 6882. Hollister, G. W., Monadnock Bldg.; Kearny 613. Holmes, W. G., 518 Montgomery; Douglas 1970. Holton, Chas. R., Merch. Natl. Bk. Bldg.; Kearny 5126. Horn, Harry L., 610 Montgomery; Kearny 2269. Home, Donald, Call Bldg.; Doug- las 4232. Horwitz, Louis, Pacific Bldg.; Douglas 5374. Houghton & Houghton, Merch. Ex. Bldg.; Kearny 1480. Houston, C. J.^ First Natl. Bk. Bldg.; Kearny 2369. How, Jared, Mills Bldg.; Sutter 2489. Hubbard, Wm. P., Mills Bldg.; Douglas 826. Hudson, Oscar, 472 Monadnock Bldg.; Douglas »648. Hudson, R. G., Balboa Bldg.; Douglas 726. SAN FRANCISCO, San Franciwo Co.— Continued. Hultraan, F. M., Mills Bldg.; Kearny 43^. Hume, W. T., Pacific Bldg.; Doug- las 3481. Humphrey, W. H., Ist Natl. Bk. Bldg.; Sutter 3227. Humphreys, A. S., 343 Sansome; Kearny 5713. Humphreys, Wm. P., Holbrook aldg.; Sutter 367. Hunt, R. G., Mills Bldg.; Douglas 3164. Hurd, N. H., 604 Montgomery. Husted, R. L., 2565 Mission; Mis- sion 8944. Hutchinson, J. K., Call Bldg,; Kearny 4339. Hutchinson, J. S., Call Bldg.; Kearny 4339. Hutton, H. W., Pacific Bldg.; Douglas 315. Jacks, L. T., Cal.-Pac. Bldg.; Sut- ter 551. Jackson, B. M., Pacific Bldg.; Sut- ter 2044. Jackson, O. E., Call Bldg. Jackson, Stanley, 209 Post Kearny 2000. Jackson, W. A., 607 Montgomery Douglas 3618. Jacobs, H. A., Humboldt Bldg. Kearny 5164. Jacobs, Meyer, Pacific Bldg. Kearny 2817. Jacoby, Albert, Mech. Bk. Bldg.; Douglas 3379. James, C. L., Call Bldg.; Kearny 4630. Jarman, A. H., Mech. Natl. Bk. Bldg. ; Douglas 520. Jeffress, M. G., Kohl Bldg.; Kearny 2356. Jenks, Livingston, Mills Bldg.; Douglas 691. Jerrett, W. H., Monadnock Bldg.; Kearny 4587. Joel, Arthur, Mills Bldg.; Douglas 1339. Johnson, A. L., Russ Bldg.; Kearny 1261. Johnson, Elliott, Balboa Bldg.; Kearny 1555. Johnson, H. W., Mills Bldg.; Doug- las 763. Johnson, J. F., Hewes Bldg.; Sutter 2338. Johnson, J. K., Mills Bldg.; Doug- las 3164. 1326 HILLYER S LEGAL MANUAL. SAN FRANCISCO, San Francisco Co.— Continued. Johnson, Roger, Mills Bldg.; Kearny 4310. Johnson, W. E., Phelan Bldg.; Kearny 5724. Johnson, W. P., Mills Bldg.; Doug- las 3164. Jonas, A. W., Monadnock Bldg.; Sutter 2471. Jones, J. R., Call Bldg.; Kearny 4173. Jordan, Rowe & Brann, Monad. Bldg.; Kearny 5290. Jordan, W. H., Monadnock Bldg.; Kearny 5290. Judkins, T. C, Mills Bldg.; Doug- las 2684. Jury, J. (t., Hearst Bldg.; Sutter 1632. Kahn, Julius, Merchants Ex. Bldg.; Kearny 3870. Kalloch, I. M., Grant Bldg.; Market 5853. Kalloch & Fox, Grant Bldg.; Mar- ket 5853. Karmel, I., Cal.-Pac. Bldg.; Sutter 551. Kaufman, Helen L., Pacific Bldg.; Kearny 1448. Kaufman, W. W., Mills Bldg.; Kearny 4644. Kaufman, Leo, Merch. Natl. Bk. Kearny 5769. Kazebeer, A. G., Mills Bldg.; Sut- ter 1436. Keane, A. C, Hearst Bldg.; Doug- las 5676. Keane, Geo. B., Hearst Bldg. Douglas 5676. Kearny, W. T., Monadnock Bldg. Douglas 1218. Keesling, F. V., Chronicle Bldg. Kearny 3876. Keleher, J. P., 444 Market; Doug las 340. Kelly, Frank, Montgomery Blk. Douglas 3735. Kennedy, J. B., Nevada Bk. Bldg. Douglas 715. Kennedy, Karl F., Sharon Bldg. Sutter 4650. Kennedy, L. J., Merchants Ex Bldg.; Douglas 715. Kent, Piatt, Standard Oil Bldg. Kearny 102. Keogh & Olds, Foxcroft Bldg. Kearny 3227. Keon, Hugh F. Jr., Chronicle Bldg. Kearny 3282. SAN FRANCISCO, San Francisco Co.— Continued. Kerrigan, Hon. Frank H., 3325 Clay St. • Keyes, A. D., Humboldt Bk. Bldg.; Kearny 673. Keyes, E. E., Call Bldg.; Kearny 5173. ' Keyes & Martin, Call Bldg.; Kearny 5173. Kidd, A. M., Balboa Bldg.; Kearny 738. Kierce, F. J., Call Bldg.; Kearny 4658. Kierulff, T. C.,, Foxcroft Bldg.; Douglas 2854. Kiler, W. H., Monadnock Bldg.; Sutter 782. Kimball, C. F., Grant Bldg.; Park 1902. Kimball, R. H., Merchants' Ex. Bldg.; Sutter 4635. King, Boswell F., Mills Bldg.; Sutter 1555. Kinsey, C. H., Merch. Natl. Bk. Bldg.; Douglas 3666. Kirk, Joseph, 444 Market; Douglas 340. Kittle, Allen I., Nevada Bk. Bldg. Kearny 1675. Kitts, Chas. W., Monadnock Bldg. Kearny 3596. Klingenberger, T. W., Mills Bldg. Douglas 1820. Knignt, E. D., Monadnock Bldg. Kearny 4014. Knight, "Saml., Sharon Bldg.; Sutter 4600. Knight & Heggerty, Crocker Bldg.; Kearny 4145. Knox, D. H., Call Bldg.; Douglas 492. Knox, Wm. C, Call Bldg.; Douglas 492. Knupp, Guy, Alaska Coml. Bldg.; Kearny 3945. KoUmyer, W. B., Monadnock Bldg.; Douglas 5424. Kuhl, Max J., Mchts. Natl. Bk. Bldg.; Kearny 1221. Lakin, E. D., Hibemia Bank; Mar- ket 871. Lamson, J, S., Monadnock Bldg.; Kearny 2008. Lanagan, Jas., Alaska Coml. Bldg.; Kearny 3945. Lande, E., Clunie Bldg.; Douglas 448. Lane, G. W., Nevada Bk. Bldg.; Sutter 232. ATTORNEYS AT LAW. 1327 SAN FRANCISCO, San Francisco Co.— Continued. Langdon, Wm. H., Call Bldg.; Kearny 5750. L/anghorne, J. P., Crocker Bldg.; Kearny 4056. Lansburgh, S. Laz, Orpheum Bldg.; Douglas 70. Lapachet, B. P., French Bk. Bldg.; Kearny 1993. Lastreto, E., Chronicle Bldg.; Kearny 1706. Latimer, J. M., Mills Bldg.; Sutter 517. Laumeister, C. F., Hearst Bldg.; Sutter 988. Lawlor, F. W., Pacific Bldg.; Doug- las 1933. Lawlor, Hon. W. P., ''The Family," 545 Powell; Sutter 800. Lawlor, John G., Mills Bldg.; Kearny 3819. Lazarus, S. J., Humboldt Bk. Bldg.; Kearny 5936. Leatherwood, R. L., Call Bldg.; Douglas 3463. Lederman, J. D., 354 Pine; Sutter 764. Lee, C. A., Foxcroft Bldg.; Kearny 2450. Leggett, Jos., 918 Dolores; Mission 53&. Leicester, J. F., Cal, Pac. Bldg. Kearny 1435. Lempke, H. D., Holbrook Bldg. Sutter 321. Lennon, L. C, Foxcroft Bldg. Kearny 2851. Lent & Humphrey, Mills Bldg. Douglas 1610. Leonard, E. M., Mills Bldg.; Doug- las, 1625. Lermen. J. J., Balboa Bldg.; Doug- las 89. Levey, E. C, Pacific Bldg.; Douglas 1372. Levey & Lipman, Pacific Bldg.; Douglas 1372. Levin, Harold, Chronicle Bldg.; Kearny 3895. Levy, David L., Mills Bldg.; Sutter 1720. Levy, E. W., Mills Bldg.; Douglas 140. Lewandowski, E. P., Crocker Bldg.; Sutter 2168. Lewis, J.M., Kohl Bldg.; Kearny 783. Lewis, R. F., Mills Bldg.; Douglas 799. SAN FRANCISCO, San Francisco Co.— Continued. Liechti, A. W., French Bk. Bldg.; Kearny 1993. Liess, Emil, Humboldt Bk. Bldg.; Douglas 3638. Lilienthal, McKinstry & Raymond, Flood Bldg.; Sutter 590. Lilienthal, J. W., Flood Bldg.; Sut- ter 590. Lillick, Ira S., Kohl Bldg.; Sutter 561. Lindley, C, H., Mills Bldg.; Sutter 1116. Lindley & Eickhoff, Mills Bldg., Sutter 1116. Lindsay, C. E. Hewes Bldg.; Sutter 2338. Linforth, W. H., Chronicle Bldg. Douglas 1&53, Lipman, G. M., Pacific Bldg.; Doug las 1372. Lister, H. B., Pacific Bldg.; Doug las 1415. Little, Ernest K., Foxcroft Bldg. Sutter 425. Locke. Wm. J., Pacific Bldg. Kearny 4054. Loeb, A. I., 816 Crocker Bldg. Douglas 5618. Loewy, Walter, Royal Ins. Bldg. Kearny 3899. Loewy, Wm., Royal Ins. Bldg. Kearny 3899. Loewy & Loewy, Royal Ins. Bldg. Kearny 3899. Lombard, Norman, Nevada Bk Bldg.; Sutter 766. Long, P. v.. New City Hall, Mar ket 3201. Lord, P. D. M., 260 California Kearny 2576. Lorigan, F. B., Crocker Bldg.; Sut ter 666. Louderback, Davis, 1222 Geary Franklin 579. Louderback, Harold, Merch. Ex Bldg.; Sutter 2626. Lovell, Chas. H., Nevada Bk Bldg.; Kearny 713. Lovey, L. W., Hearst Bldg.; Doug las 1719. Lucey, Jos. P., Nevada Bk. Bldg. Sutter 422. Lull, Geo., Phelan Bldg.; Sutter 920. Lyders, E., Mills Bldg.; Douglas 1335. Lyman, R. M., Mills Bldg.; Doug- "^las 3579. 1328 HILLYER'S LEGAL MANUAL. SAN FEANCISCO, San Francisco Co.— Continued. Lynch, E. J., Mills Bldg.; Douglas 1335. Lynch, C. W., Mutual Bank Bldg.; Kearny 3271. Lynch, Thos. B., Balboa Bldg.; Kearny 1154. Lyon, A. G., Balboa Bldg.; Sutter 4618. Lyon, Barnett, Monadnock Bldg.; Douglas 2602. Lyons, T. J., Pacific Bldg.; Sutter 1537. Macbeth, F. D., Mutual Bk. Bldg. Douglas 744. Mackenzie, J. A., Balboa Bldg. Douglas 726. Macomber, Lloyd, Humb. Bk Bldg.; Douglas 971. Madden, E. W., Mills Bldg.; Doug las 763. Madden, W. M., Crocker Bldg. Kearny 4145. Maddox, Knox, Monadnock Bldg Kearny 621. Maddux. Parker S., Mills Bldg Sutter 2225. Madison, F. D., Standard Oil Bldg Kearny 102. Magee, E. De Los, Mills Bldg Douglas 4188. Maguire, A. G., 281 Page; Park 5592. Maguire, J. G., Humboldt Bk. Bldg.; Douglas 923. Mahonev, D. I., 1112 Market; Market 3922. Maling, Walter B., Postoffice Bldg. ; Market 301. Maltman, J. W., Mills Bldg.; Kearny 4950. Mann, Kobt. L., Chronicle Bldg.; Douglas 2557. Mann, Seth, Merchants' Ex. Bldg.; Kearny 2724. Manning, J. E., Pacific Bldg.; Douglas 2780. Mannon, J. M., Jr., Merch. Ex. Bldg.; Kearny 2897. Mansfield, W. D., Merchants' Ex. Bldg.; Sutter 491. Mansfield & Newmark, Merch. Ex. Bldg.; Sutter 491. Manson, P. I., 410 Montgomery; Sutter 3434. Marcum, W. J., Merch. Natl. Bk. Bldg.; Kearny 5769. Marks, Chas. B., Kohl Bldg.; Kearny 2777. SAN FRANCISCO, San Francisco Co.- Continued. Marsh, J. A., Foxcroft Bldg.; Sut ter 1525. Mason & Locke, Pacific Bldg. Kearny 4954. Marshall, H. F., Hewes Bldg.; Sut ter 2665. Marshall, J. W., Nevada Bk. Bldg. Kearny 3825. Martin, E. J., Nevada Bk. Bldg. Sutter 4673. Martin, George J., Pacific Bldg. Douglas 1536. Martin, Leon E., Call Bldg. Kearny 5173. Mash, S. L., 580 Washington St. Mastick, Geo. H., Foxcroft Bldg.; Kearny 988. Mastick & Partridge, Foxcroft Bldg; Kearny 988. Mathews, H. W., 26 Montgomery; Kearny 4318. Maundrell, H. H., Monadnock Bldg.; Kearny 5290. Mayer, Jos. H., Mills Bldg. ; Doug- las 1510. Mayo, H. B., Pacific Bldg.; Douglas 305. Mazza, J. J., Bk. of Italy Bldg.; Douglas 2746. McAllister, Elliott, Nevada Bk. Bldg.; Kearny 833. McAuliffe, F. M., Nevada Bk. Bldg.; Kearny 941. McCahill, S. S., Balboa Bldg.; Douglas 4349. McCarthy, Paul A., Call Bldg.; Sut- ter 3379. McCaughey, J. W., Mills Bldg.; Douglas 1335. McClanahan, E. B., Merch. Ex. Bldg.; Kearny 3182. McClanahan & Derby, Merch. Ex. Bldg.; Kearny 3182. McClellan & McClellan, Merchants Natl. Bank Bldg.; Kearny 4585. MeCloskey, H. H., Crocker Bldg.; Kearny 4330. McColgan, D. A., Call Bldg.; Doug- las 2535. McConaughy, C. H., Clunie Bldg.; Sutter 2140. McCue, J. F., Mills Bldg.; Douglas 1707. McCulloch, Alex., Hibernia Bldg.; Market 871. McCurdy, Hugh, Pacific Bldg.; Kearny 3451. McCutchen, E. J., Merch. Ex. Bldg.; Kearny 2897. ATTORNEYS AT LAW. 1329 SAN FEANCISCO, San Francisco Co.— Continued. McCutcheon, Olney & Willard, Merchants' Ex. Bldg.; Kearny 2897. McDonald, Paul, Mercantile Tr. Bldg.; Kearny 601. McElroy, J. O., Call Bldg.; Douglas 99. McEnerney, G. W., Flood Bldg. Kearny 3116. McEnerney, Leo J., Balboa Bldg. Kearny 1154. McEvers, Greg S., Monadnock Bldg. Kearny 5290. McGahie, R. J., Mills Bldg.; Doug las 1510. McGee, J. A., Royal Ins. Bldg Douglas 356. McGee, ^m. J., Grant Bldg Market 79. McGowan, Frank, Humboldt Bk. Bldg.; Kearny 4670. McGowan, Geo. A., Bk. of Italy Bldg.; Kearny 3092. McGowan, R. H., Pacific Bldg.; Douglas 1311. McGowan & Worley, Bk. of Italy Bldg.; Kearny 3092. McGraw, E. W., West Coast Life Bldg.; Kearny 4011. Mcintosh, M. W., Monadnock Bldg.; Kearny 2397. McKannay, H. G., Bk. Italy Bldg.; Douglas 3470. McKee, J. C, Hearst Bldg.; Doug- las 5676. McKenzie, E. V., Humboldt Bk. Bldg.; Sutter 2896. McKeon, J. B., Merchants Ex. Bldg.; Kearny 2897. McKevitt, H. K., Hearst Bldg.; Douglas 2870. McKinley, Ben., P. 0. Bldg.; Mar- ket 301. McKinstry, J. C, Flood Bldg. ; Sut- ter 590. McKnight, R. W., Monadnock Bldg.; Douglas 1434. McLeod, Duncan, Mills Bldg., Douglas 2684. McMartin, W. H. R., Pacific Bldg.; Douglas 2431. McMillan, R. B., Kohl Bldg. McMurray, E. T., Balboa Bldg.; Kearny 724. McNab, John L., Humb. Bk. Bldg.; Sutter 4810. McNair, W. W., Merchants Ex. Bldg.; Sutter 1451. 84 SAN FRANCISCO, San Francisco Co.— Continued. McNulty, Fredk. W., Chronicle Bldg.; Sutter 931. McNutt, Maxwell, French Bk. Bldg.; Kearny 3405. McPike, H. H., 221 Sansome; Douglas 5687. Mee, J. H., Merchants Ex. Bldg.; Kearny 3151. Melander, Henry, Chronicle Bldg.; Kearny 3895. Melsted, l,. S., Hearst Bldg.; Doug- las 5676. Mering, E. B., Hearst Bldg.; Sut- ter 94. Merrill, J. A., Holbrook Bldg. Kearny 3442. Merrill, Geo. W., Monadnock Bldg. Sutter 3285. Merzbach, F. H., Russ Bldg. Kearny 1915. Methever, U. E., Phelan Bldg. Kearny 694. Metson, W. H., Balboa Bldg.; Doug las 726. Metzger, W. C, 251 Kearny Kearny 5547. Meyer, Jacob S., Balboa Bldg. Douglas 2657. Meyerstein, J. C, French Bk. Bldg.; Kearny 3405. Michael, H. E., 110 Sutter; Kearny 5879. Michael, M. F., Kohl Bldg.; Kearny 2777. Michelson, Albert, Call Bldg.; Sutter 428. Miller, A. E., 1018 Mission; Mar- ket 1927. Miller, H. B. M., Chronicle Bldg.; Kearny 3895. Miller & White, Crocker Bldg.; Kearny 5540. Minot, T. S., Mills Bldg.; Douglas 2126. Mize, E. J., 96 Bernal Ave.; Mis- sion 4083. Mogan, R. F., Phelan Bldg.; Kearny 5768. Molfino, A. A., Merch. Natl. Bk. Bldg.; Sutter 560. Molkenbuhr, S. W., Mills Bldg.; Douglas 2684. Molloy, Thos. S., Merch. Natl. Bk. Bldg.; Douglas 113. Monroe, H. E., Cal.-Pac. Bldg.; Sutter 3144. Montgomery, H. C. Mech, Inst. Bldg,; Sutter 143. 1330 HILLYER S LEGAL MANUAL. SAN FRANCISCO, San Francisco Co- Continued. Moody, R. R., Crocker Bldg.; Kearny 3305. Mooney, W. T., 259 Lisbon; Mis- sion 9542. Moore, A. A., Balboa Bldg.; Kearny 1555. •Moore, A. A. Jr., Balboa Bldg. Kearny 3999. Moore, Stanley A., Balboa Bldg. Kearny 1555. Moran, E. F., Monadnock Bldg. Douglas 1564. Moran, N. M., Nevada Bk. Bldg. Douglas 715. Morf, P. C, Holbrook Bldg.; Sut- ter 2096. Morris J. H., Mills Bldg.; Sutter 2054. Morris, Leon, Cal.-Pac. Bldg.; Doug- las 523. Morrison, A. F., Crocker Bldg.; Sutter 666. Morrison, Dunne & Brobeck, Crocker Bldg.; Sutter 666. Morrissey, W. H., Mechanics Bk. Bldg.; Kearny 5918. Morrow, R. H., Mills Bldg.; Doug- las 1700. Mott, E. J., Grant Bldg.; Market 79. Moulthrop, J. R., Monadnock Bldg.; Kearny 2008. Mueller, Carl W., 1046 Golden Gate Ave.; West 7617. Mueller, J. A., 20 Montgomery; Douglas 5740. Muller, P. J., Merchants Ex. Bldg.; Kearnv 2897. Murphy, D. C, 407 Mut. Bk. Bldg.; Kearny 4171. Murphy, F. J., 20 Montgomery, Douglas 5740. Murray, J. C, 221 Sansome; Doug- las 5687. ■ Myers, Edward, Monadnock Bldg.; Douglas 1490. Myers, Paul A., Monadnock Bldg.; Kearny 5424. Myrick & Deering, Nevada Bk. Bldg.; Kearny 1675. Nagle, J. L. & P. B., Hearst Bldg.; Kearny 4618. Nathan, L. E., 20 Montgomery; Douglas 5740. Nathan, M. A., Chronicle Bldg.; Kearny 3340. Nathanson, A. E., 1112 Market; Market 4147. SAN FRANCISCO, San Francisco Co.— Continued. Negrich, T. G., Humb. Bk. Bldg.; Kearny 4670. Nelson, Edmund, 26 Montgomery; Kearny 4779. Newburgh, A. S., Pacific Bldg.; Franklin 7591. Newburgn, Henry, Balboa Bldg.; Kearny 4774. Newmark, Milton, Merchants Ex.; Sutter 491. NichoUs, Thos. H., Foxcroft Bldg.; Douglas 1470. Nicholson, W. A. S., 1112 Market; Market 3922. Nightingill, F. W., Cal.-Pac. Bldg.; Sutter 3144. Norman, R. S., Clunie Bldg.; Doug- las 2818. Nourse, J. T., Humboldt Bk. Bldg.; Sutter 1935. Nowlin, Fassett & Little, Foxcroft Bldg.; Douglas 4112. Noyes, B., Mills Bldg.; Kearny 5725. Nuckolls, M., Humboldt Bldg. Douglas 275. Nunlist, W. A., Clunie Bldg. Douglas 4014. Nutting, F. P., Holbrook Bldg. Kearny 2191. Oakford, B. P., Flirst Natl. Bk. Bldg.; Kearny 925. O'Brien, E. A., Monadnock Bldg.; Kearny 3716. O'Brien, J. M., 354 Pine; Kearnv 4440. O'Brien, J. P., Mills Bldg.; Sut- ter 399. O'Brien, P. H., 444 Market; Doug- las 976. O'Callaghen, C. F., 26 Montgomery; Kearny 4779. O'Connor, Grover, Kohl Bldg.; Sut- ter 4839. O'Connor, Jos. T., Merchants Ex. Bldg.; Kearny 3870. O'Connor, Richard, 1st Natl. Bk. Bldg.; Sutter 1066. O'Connor, Thos. M., Humb. Bk. Bldg.; Sutter 2654. O'Connor & Schwartz, Kohl Bldg.; Sutter 4839. Oddie, C. M., Mills Bldg.; Douglas 2684. O'Doniiell, John, Pacific Bldg.; Douglas 1538. O'Donnell, Jos. E., Phelan Bldg.; Kearny 556. ATTORNEYS AT LAW. 1331 SAN FRANCISCO, San Francisco Co.-- Continued. O'Gara, John, 550 Mills Bldg.; Sut- ter 429. O'Gara & De Martini, Mills Bklg.; Sutter 429. Ogden, Marguerite, Monadnock Bldg.; Sutter 3388. O'Grady, A. L., Merch. Natl. Bk. Bldg.; Sutter 560. Olds, Lee M., Foxcroft Bldg.; Kearny 3227. Oliver, F. S., Humboldt Bk. Bldg.; Douglas 971. Oliver, J. M., Humboldt Bldg.; Kearny 5164. Olivier, P. T., Chronicle Bldg.; Kearny 1949. Olney, .Jesse, Humboldt Bk. Bldg.; Sutter 2969. Olney, Warren, Merch. Ex. Bldg.; Kearny 2897. Olney, Warren Jr., Merch. Ex. Bldg.; Kearny 2897. Olsen, J. A., Kohl Bldg.; Sutter 561. Oppenheim, M., Humboldt Bk. Bldg.; Kearny 5859. Oppenheimer, Leopold, Flood Bldg, Sutter 590. O'Rourke, J. P., Chronicle Bldg Park 906. Ornbaum, C. A., Pacific Bldg Douglas 2267. Ornbaum, Fraser & Lynch, Pac. Bldg.; Douglas 2267. O'Toole, J. J., Mills Bldg.; Sutter 1287. Orrick, W. H., 343 Sansome; Kearny 5713. Otis, E. M., Merchants Ex. Bldg.; Kearny 2724. Otis, Frank, Merchants Ex. Bldg.; Kearny 2724. Owen, Frank L., 502 California; Kearny 158. Owens, H. M., Mechanics Bldg.; Douglas 3493. Owens, R. C, Law Library, City Hall; Market 3201. Pagnuelo, Ernest, French Bk. Bldg.; Douglas 328. Palmer, Brooks, Foxcroft Bldg.; Douglas 1470. Palmer, T, E., Alaska Coml. Bldg.; Douglas 2742. Parcells, F. M., Balboa Bldg.; Kearny 2869. Pare, A. S., 10 3d St.; Sutter 608. SAN FRANCISCO, San Francisco Co.— Continued. Parks, Chas. J., Mechanics Inst. Bldg.; Sutter 514. Partridge, J. S., Foxcroft Bldg.; Kearny 988. Patton, C. L., Mechanics Inst. Bldg.; Kearny 4548. Pawlicki, T. E., Balboa Bldg.; Kearny 29. Payson, W. H., Call Bldg.; Kearny 5750. Peart, Hartley F., Humb. Bk Bldg.; Douglas 1321. Peck, J. S., Crocker Bldg.; Dong- las 1668. Peckham, R. F., Pacific Bldg. Kearny 5966. Peery, Chas. S., Pacific Bldg. Douglas 1311. Peixotto, E. D., Russ Bldg. Kearny 1915. Pemberton, B. E., First Natl. Bk Bldg.; Kearny 1691. Pemberton, J. E., First Natl. Bk Bldg.; Kearny 1691. Percy, J. A., Call Bldg.; Douglas 265. Perkins, T. A., Mills Bldg. Kearny 5266. Perry, A. W., Underwood Bldg. Douglas 1676. Perry, G. W., Mills Bldg.; Doug las 1510. Perry, Geo. O., Cal.-Pac. Bldg. Sutter 551. Perry, Raymond, Merch. Natl. Bk Bldg.; Sutter 2705. Perry, H. D., Merch. Natl. Bk Bldg.; Sutter 2705. Perry & Dailey, Cal.-Pac. Bldg. Sutter 551. Perry & Perry, Merch. Natl. Bk Bldg.; Sutter 2705. Picard, Albert, French Bk. Bldg.; Kearnv 1978. Pidwell,^J. T., Mills Bldg.; Kearny 3521. Pierson, H. L., Merch. Natl. Bk. Bldg.; Douglas 3648. Pigott, J. T., Alaska Coml. Bldg.; Douglas 2742. Pillsbury, E. S., Standard Oil Bldg.; Kearny 102. Pillsbury, H. D., Standard Oil Bldg.; Kearny 102. Pillsbury, Madison & Sutro, Stand- ard Oil Bldg.; Kearnv 102. Pinkham, C. A., Cal.-Pac. Bldg.; Kearny 1435. 1332 HILLYER S LEGAL MANUAL. SAJSr FRANCISCO, San Francisco Co.— Continued. Piper, Chas. E., Monadnock Bldg.; Sutter 3182. Pippy, Geo. H., Humboldt Bk. Bldg.; Sutter 1935. Placke, Gerhard F., 210 Montgom- ery; Douglas 691. Platshek, M. J., Pacific Bldg.; Douglas 2889. Plaw, A. B., Standard Oil Bldg.; Kearny 102. Plunkett, Wm. T., Mills Bldg.; Sutter 46. Pohli, Emil, Mills Bldg.; Sutter 1116. Polito, J. L., 2104 Market; Mar- ket 2247. Politzer, Jerome, Mills Bldg.; Sut- ter 1580. Pomeroy, €, P., Kohl Bldg.; Kearny 2777. Poore, F. T., Mills Bldg.; Douglas 294. Poorman, Samuel Jr., French Bk. Bldg.; Kearny 4394. Porter, R. C, Call Bldg.; Kearny 5750. Postel, W. F., Balboa Bldg.; Doug- las 89. Powell, H. A., Mills Bldg.; Doug- las 2595 Powell & Dow, Mills Bldg.; Doug- las 2595 Power, E. B., Humboldt Bk. Bldg.; Sutter 1935. Power, Neal, Mills Bldg.; Douglas 191. Powers, F. E., Grant Bldg.; Mar- ket 3201. Powers, F. H., Nevada Bk. Bldg.; Kearny 941. Pratt, Orville C, Flood Bldg.; Sut- ter 590. Prendergast, T. F., Chronicle Bldg.; Kearny 3895. Prescott, L. E., Russ Bldg.; Doug- las 236. Presley, G. J., Hearst Bldg.; Sut- ter 988. Price, G. E., Humboldt Bk. Bldg.; Douglas 2622. Pringle, J. R., Merchants Ex. Bldg.; Kearny 161. Pringle, Wm. B., Russ Bldg.; Douglas 208. Pringle, E. J., Sharon Bldg.; Sut- ter 4208. Pritehard, J. A., Mills Bldg.; Douglas 5202. SAN FRANCISCO, San Francisco Co.— Continued. Putnam, O., Clunie Bldg.; Kearny 617. Putnam & Van Wyck, Clunie Bldg.; Kearny 617. Quinlan, J. C, Hearst Bldg.; Doug- las 2870, J2870. Rafael, Jos., Phelan Bldg.; Doug- las 3481. Razeto, William, 460 Montgomery; Kearny 5149. Raymond, Albert, Flood Bldg.; Sutter 590. Read, E. W., Balboa Bldg.; Kearny 2137. Reardon, J. E., Holbrook Bldg.; Sutter 2026. Reddall, T. A., 971 Market; Sutter 2499. Redding, Jos. D., Crocker Bldg.; Sutter 96. Reddington, A. H., Mills Bldg.; Douglas 5289. Redman, L. A., Mills Bldg.; Kearny 752. Reed, Chas Wesley, Call Bldg.; Kearny 4657. Reeves, J. W., Call Bldg.; Kearny 5750. Reid & Dozier, First Natl. Bldg.; Keamy 1691. Reindollar, C. F., Clunie Bldg.; Douglas 4014. Reisner, J. G., Hewes Bldg.; Kearny 5130. Reyman, H. C, Italian- Am. Bldg.; Douglas 1614. Rice, E. W., Mills Bld^.; Sutter 1116. Richards, D. B., Monadnock Bldg.; Kearny 5290. Richardson, W. A., Clunie Bldg.; Douglas 1140. Richter, Erwin E., First Natl. Bk. Bldg.; Kearny 1836. Ricketts, A. H., 40 California; Douglas 5150. Riley, J. F., Pacific Bldg.; Douglas 2634. Riley, Stanislaus A., Mills Bldg.; Douglas 1707. Ringolsky, G. €., Call Bldg.; Kearny 448. Riordan, John H., Humb. Bk. Bldg.; Sutter 1935. Rixford, E. H., Cal.-Pac. Bldg.; Sutter 3228. Rixford, H. L., Cal.-Pac. Bldg.; Sutter 3228. ATTORNEYS AT LAW. 1333 SAN FRANCISCO, San Francisco Co- Continued. Bobbins, L. M., Crocker Bldg.; Douglas 135. Robinett, D. B., Humb. Bk. Bldg.; Kearny 4644. Robinson, Walter H., Holbrook Bldg.; Sutter 1483. Robinson, J. R., Foxcroft Bldg.; Sutter 2544, Robinson & Getz, 45 Kearny; Douglas 2964. Robison, Jas. L., Nevada Bk. Bldg.; Kearny 941. Roche, J. J., Foxcroft Bldg.; Kearny 3319. Roche, Theo. J., Humb. S. Bk. Bldg.; Kearny 5740. Rodda, A. G., Holbrook Bldg.; Sutter 1483. Romaine, Benjamin, Mills Bldg.; Douglas 3579. Rose, Wm. F., Foxcroft Bldg.; Douglas 1794. Rosenheim, Samuel, Chronicle Bldg.; Kearny 3895. Rosenshine, A. A., Mills Bldg.; Douglas 3164. Rosenstirn, Eric J., Holbrook Bldg.; Sutter 367. . Rosenthal, Ben., Grant Bldg.; Market 912. Rosenthal, Marcus, Balboa Bldg.; Douglas 2890. Ross, M. A., Mills Bldg.; Douglas 2376. Ross, P. v., Pacific Bldg.; Douglas 4228. Rothchild, Golden & Rothchild, Mills Bldg.; Douglas 5202. Rothchild, Walter, Flood Bldg.; Kearny 3116. Rothschild, Jos., Chronicle Bldg.; Kearny 3895. Rothschild, Rosenheim, Schooler & Miller, Chronicle Bldg.; Kearny 3895. Rouleau, O. A., 250 Montgomery; Douglas 569. Rowe, Purcell, Monadnock Bldg.; Kearny 5290. Russell, ' S. B., Merch. Natl. Bk. Bldg.; Sutter 27t)5. Rutledge, J. D., French Bk. Bldg.; Kearny 5879. Ryan, D. A., Hearst Bldg.; Doug- las 422. Ryan, Jas. W., Postoffice Bldg.; Market 301. SAN FRANCISCO, San Francisco Co.— Continued. Ryder, Ray W., 1st Natl. Bk. Bldg.; Sutter 3097. Ryder, W. B., Hibernia Bk.; Mar- ket 871. Saflfold, Ray P., 568 Golden Gate Ave.; Franklin 95. Sales, D. D., Holbrook Bldg. Douglas 259. Salomon, Sam, Phelan Bldg. Kearny 1362. Samter, Samuel M., Mills Bldg. Douglas 3164. Samuel, Oscar, Mills Bldg.; Doug las 789. Samuels, Jacob, Mills Bldg.; Doug las 789. Samuels Leon, Phelan Bldg. Kearny 5768. Samuels. M. L., Pacific Bldg. Douglas 304. Sanderson, A. A., Cal.-Pac. Bldg. Douglas 523. Sanderson, W. W., Mills Bldg. Douglas 1350. Sapiro, A. L., 1st Natl. Bk. Bldg. Sutter 1066. Sargent, G. C, Mechanics Inst. Bldg.; Sutter 1323. Savage, L. E., 964A Market Franklin 1577. Savage, T. J., Humboldt Bk Bldg.; Kearny 5861. Sawyer, F. W., Grant Bldg.; Mar ket 912. Sawyer, W. F., 333 Kearny Kearny 5743. Schernstein, F. C, Mills Bldg. Sutter 362. Schilling, Frank, Pacific Bldg. Douglas 3559. Schlesinger, Bert. C, Spreckels Bldg.; Kearny 5173. Schlesinger, Sydney, Phelan Bldg.; Sutter 239. Schmitt, Milton L., Ital.-Am. Bk. Bldg.; Douglas 1614. Schmulowitz, M., Merch. Natl. Bk. Bldg.; Douglas 520. Schooler, W. H.,' Chronicle Bldg.; Kearny 3895. Schottky, A. R., Mills Bldg.; Kearny 4390. Schuhl, F. J. Russ Bldg.; Kearny 1261. Schulte W. H., Pacific Bldg.; Douglas 1663. Schunck, D. E. von S.. Miss, Crocker Bldg.; Kearny 12«1. 1334 HILLYER^S LEGAL MANUAL. SAN FRANCISCO, San Francisco Co.— Continued. Schwab, Edwin, Crocker BIdg.; Sutter 666. Schwab, Robert, Mills Bldg.; Sut- ter 508. Schwartz C, Kohl Bldg.: Sutter 4839. Scott, J. W., Nevada Bk. Bldg.; Kearny 1675. Scrivner & Montgomery Meeh. Inst. Bldg.; Sutter 443. Sender, Eric G., 326 Mills Bldg.; Sutter 2387. Sea, Wm. Jr., Foxcroft Bldg.; Kearny 4089. Searles, Robt. M., Mills Bldg.; Sutter 1116. Seawell, Hon. J. M., 236 Cole; Pacific 1737. Seibert, D. K., Russ Bldg.; Kearny 3249. Seidenberg L., Mills Bldg.; Kearny 2692. Seidenberg & Davis, Mills Bldg, Kearny 2692. Selby, J. R., First Natl. Bk. Bldg, Kearny 2875. Selvage, Thos., 316 P. O. Bldg. Market 301. Sessions, C. B., Balboa Bldg, Douglas 4349. Sessions & McCahill, Balboa Bldg.; Douglas 4349. Sferlazzo, C, 4 Columbus Ave.; Kearny 630. Shadburne, Geo. D., Humb. Bk. Bldg.; Douglas 2622. Sharpstein, W. C, Mills Bldg.; Douglas 1027. Shaw, A. E., Claus Spreckels Bldg.; Sutter 77, Shay, Frank, Flood Bldg.; Kearny 3160. Sheehan, J. F., Hearst Bldg.; Sut- ter 454. Shepard, W. C, 3978 23d St.; Mis- sion 7402. Sheridan, T. J., Nevada Bk. Bldg.; Kearny 925. Shields, J. ]\f., French Bk. Bldg.; Kearny 1993. Shortridge, S. M., Chronicle Bldg.; Douglas 2176. Shryock, H. A., Mills Bldg.; Sut- ter 1768. Shuey, C. A., Merchants Ex. Bldg.; Kearny 2442. Shuman, J. F., Crocker Bldg.; Sut- ter 666. SAN FRANCISCO, San Francisco Co.— Continued. Shuman, P. L., Pacific Bldg.; Douglas 1732. Shurtleff, C. A., Foxcroft Bldg.; Kearny 4451. Silverstein, Bernard, Chronicle Bldg.; Kearny 3895. Simmons, W. M., Clunie Bldg.; Kearny 617. Sims, J. C, Call Bldg.; Kearny 4207. Sims, R. M., 464 California; Kearny 601. Sims, W. M., Kohl Bldg.; Kearny 3825. Skaife, A. C, Ins. Ex. Bldg.; Kearny 1452. Slack, C. W., Alaska Coml. Bldg.; Douglas 2742. Slikerman, H., Pacific Bldg.; Doug- las 3565. Slye, Jos., Phelan Bldg.; Douglas 5837. Smith, F. T., Standard Oil Bldg. Kearny 102. Smith, Grant H., Mills Bldg. Sutter 1116. Smith, J. L., Pacific Bldg.; Doug las I486. Smith, R. Mason, Mills Bldg Douglas 4080. Smith, W. H. Jr., Crocker Bldg Sutter 666. Smith, Willard P., Call Bldg Kearny 5750. Soderberg, N., Mills Bldg Kearny 3596. Solari, W. S., Hearst Bldg Kearny 233. Solinsky & Wehe, Monadnock Bldg.; Douglas 1484. Solomon & Wise, Sharon Bldg.; Douglas 1896. Solomons, L. L., Sharon Bldg.; Douglas 1896. Sonntag, L., Balboa Bldg.; Kearny 1153. Sooy, C. H., Mills Bldg.; Kearny 4314. Soto, R. M. F., Royal Ins. Bldg.; Kearny 4557. Spaulding, W. A., 233 Post; Sutter 3400. Spilman, J. S., 244 Kearny; Kearny 734. Stafford & Stafford, Grant Bldg.; Market 5737. Steiger, Geo. J. Jr., Ital.-Am. Bk.; Douglas 1606. ATTORNEYS AT LAW. 1335 SAN FRANCISCO, San Francisco Co.— Continued. Steinhart, J. H., Monadnock Bldg.; Sutter 2471. Stephens, Jas. A., Monadnock Bldg.; Kearny 3716. Stetson, H. N., Mills Bldg.; Kearny 4150. Stevens, Martin, Mills Bldg.; Sut- ter 2491. Stevick, Guy Le Roy, Ins. Ex. Bldg.; Kearny 1452. Stewart, Chas., Chronicle Bldg.; Douglas 90. Stewart, F, L., Monadnock Bldg.; Sutter 1208. Stewart, Geo. L., Hewes Bldg.; Sutter 4369. Stidger & Stidger, 628 Montgom- ery; Kearny 1379. Stoker, Geo. E., Merchants Ex. Bldg.; Sutter 1451. Stone, Byron F., Jr., Mills Bldg.; Sutter 46. Stone, L., Pacific Bldg.; Sutter 2832. Stoney, Donzel, Mills Bldg.; Sut- ter 1436. Stoney, Gaillard, 25*0 Montgomery; Kearny 5860. Stoney, Rouleau & Stoney, 250 Montgomery; Kearny 5860. Stratton, F. S., Mills Bldg. Kearny 4644. Stratton, Kaufman & Torchiana Mills Bldg.; Kearny 4644. Straub, Thos. J., Crocker Bldg. Kearny 3299. Straus, G., 604 Montgomery Kearny 3804. Strickler, E. G., Hearst Bldg. Kearny 3485. Stringham, F. D., Holbrook Bldg. Sutter 1737. Strong, C. A., Mills Bldg.; Douglas 1872. Strubel, Phil J., Mills Bldg.; Doug- las 4114. Sturtevant, Hon. Geo. A., City Hall; Market 3201. Sullivan, C. C, Standard Oil Bldg.; Kearny 102. Sullivan, E. D., 1st Natl. Bk. Bldg. ; Kearny 1830. Sullivan, F. J., 1017 Mission; Market 611. Sullivan, M. J., 34 Ellis; Kearny 5410. Sullivan, W. A., Humboldt Bk. Bldg.; Kearny 5740. SAN FRANCISCO, San Francisco Co.— Continued. Sullivan & Sullivan, Humb. Bk. Bldg.; Kearny 5740. Surr, Vincent, Merch. Natl. Bk. Bldg.; Kearny 4642. Susman, Leo H., 445 Sutter; Franklin 140. Sutro, Alfred, Standard Oil Bldg.; Kearny 102. Sutro, Oscar, Standard Oil Bldg.; Kearny 102. Sweasey, F. R., Humboldt Bk. Bldg.; Douglas 3638. Sweeny, Jas. P., Nevada Bk. Bldg.; Douglas 175. Sweigert, C. A., Merch. Natl. Bk. Bldg.; Douglas 2659. Symonds, H. C, Mills Bldg.; Sut- ter 46. Taf t, F. W., Merch. Natl. Bk. Bldg. ; Kearny 5769. Talbot, E. J., Mut. Sav. Bk. Bldg.; Kearny 3864. Taughter, J. L., Mills Bldg.; Doug- las 605. Tauszky, Edmund, Sharon Bldg.; Kearny 4800. Taafe, Jos. L., Phelan Bldg.; Kearny 5768. Taylor, Henry, Consular Bldg.; Douglas 1352. Taylor, H. W. B., Phelan Bldg.; Douglas 4330. Temple, W., Clunie Bldg.; Douglas 3896. Tevlin, J. F., Pacific Bldg.; Douglas 1933 Thayer, Ruf us B., Mech. Inst. Bldg. ; Sutter 514. Theisen, S. Jos., Balboa Bldg.; Doug- las 2890. Thelen, Max, Commercial Bldg.; Sutter 2260. Thomas, Geo. M., Chronicle Bldg.; Kearny 3597. Thomas, J. M., Call Bldg.; Kearny 4173. Thomas, Beedy & Lanagan, Alaska Commercial Bldg.; Kearny 3945. Thomas, Wm., Alaska Coml. Bldg.; Kearny 3945. Thompson, Chas. L., Pacific Bldg.; Douglas 5820. Thompson, W. J., Hewes Bldg. ; Sut- ter 2665. Thorn e. A., Mills Bldg.; Kearny 1266. Thornton, C, Monadnock Bldg. Thornton, J. T., Foxcroft Bldg.; Kearny 2851. 1336 hillyer's legal manual. SAN FRANCISrU3, San Francisco Co.— Continued. Thrasher, Gso. C, Pacific Bldg.; Douglas 2431. Thurman, J. D., Mills Bldg.; Doug- las 3164. Tiscornia, A. A., Monadnoek Bldg.; Sutter 528. Titus, Louis, Balboa Bldg.; Kearny 738. Titus, Cr(V3d & Dall, Balboa Bldg.; Kearny 738. Tobin & Tobin, Hibernia Bldg.; Market 871. Todd, C. E., 34 Ellis; Kearny 5410. Tomsky, Wm., 244 Kearny; Doug- las, 1106. Torchiaua, H. G. Van C, Mills Bldg.; Kearny 4644. Torregano, E. J., Board of Trade Bldg.; Douglas 976. Towle, 'jeo, W., 112 Market; Kearny 492. Towne, P. E., Chronicle Bldg.; Kearny 3282. Townsend, C. E,, Merchants Ex. Bldg.; Kearny 4455. Treadwell, E. F., Merchants Ex. Bldg.; Kearny 5505. Treat, A. J,, Monadnoek Bldg.; Kearny 5424. Treat. R. B., Crocker Bldg.; Doug- las 3442. Troy, Robert P., Call Bldg.; Sutter 116. Truman, I. J. Jr., Mills Bldg.; Douglas 357. Tuck, L. C, Nevada Bk. Bldg. ; Sut- ter 232. Tucker, W. E., Wells-Fargo Bldg.; Douglas 2029. turn Suden & turn Saden, Merchants Natl. Bank Bldg.; Douglas 193. Tuska, Wal. J., Mutual Bk. Bldg. Douglas 1214. Twamley, W. R., Pacific Bldg. Douglas 1538. Tyler, J. F., Wells-Fargo Bldg. Douglas 1934. Tyler, R. P., Humboldt Bank Bldg. Sutter 4810. Tyrrell, John R., Hewes Bldg.; Sut- ter 4369. Udell, Alva, 617 Montgomery St. Uldall, Martin, Phelan Bldg.; Doug- las 1827. U'Ren, M. T., Mechanics Inst. Bldg. ; Sutter 549. Utter, J. F., Hearst Bldg.; Kearny 3021. SAN FRANCISCO, San Francisco Co.— Continued. Van Ness, T. C. & T. C. Jr., Kohl Bldg.; Sutter 561. Van Wyck, Sidney M. Jr., Clunie Bldg.; Kearny 617. Van Zante, K., Mills Bldg.; Sutter 2225. Vecki, M., Chronicle Bldg.; Kearny 3597. Vrecki & Wythe, Chronicle Bldg, Kearny 3597. Vilas, M. S., Mills Bldg.; Douglas 1707. Vogelsang, A. T., Nevada Bk. Bldg. Douglas 346. Vogelsang & Brown, Nevada Bk, Bldg.; Douglas 346. Von Schrader, F. W., Call Bldg. Sutter 3190. Wakeman, E. H., Monadnoek Bldg. Douglas 5720. Walker, Jas. G. Jr., Mills Bldg. Sutter 1720. Wall, F. R., Merchants Ex. Bldg Kearny 394. Wallace, B. L., Mills Bldg.; Sutte 1580. Wallace & Politzer, Mills Bldg. Sutter 1580. Ward, Louis H., Mills Bldg.; Doug las 799. Wascerwitz, M. H., Call Bldg Kearny 448. Watson, W. W., Call Bldg.; Kearny 4157. Watt, J. A., Royal Ins. Bldg Kearny 5801. Weaver, G. E., Mills Bldg.; Sutter 1720. Webb, E. H., Mills Bldg.; Kearny 1266. Webb, J. J., Clunie Bldg.; Kearny 617. Webb, U. S., Humboldt Bk. Bldg.; Sutter 1935. Webb, W. C, Mills Bldg.; Kearny 1266. Webster, Bradford, Monadnoek Bldg.; Kearny 4014. Wehe, Frank R., Monadnoek Bldg.; Douglas 1485. Weil, A. L., Alaska Coml. Bldg.; Sutter 940. Weiler, A. B., Royal Ins. Bldg.; Douglas 1196. Welch, L. J., 1233 Market; Market 346. Weinmann, L. R., Kohl Bldg. ; Doug- las 3595. ATTORNEYS AT LAW. 1337 SAN FRANCISCO, San Francisco Co.— Continued. Weinmann, Wood & Cunha, Kohl Bldg.; Douglas 3595. Weir, John G., Mills Bldg.; Sutter 1720. Weiss, Wm. G., French Bk. Bldg. Kearny 5879. Welch, Geo. F., Phelan Bldg. Kearny 42. Welch, Geo. M., Phelan Bldg. Kearny 42. Welle, Chas. M., Russ Bldg.; Kearny 3249. West, J. J., Pacific Bldg.; Franklin 2945. West & de Journal, Phelan Bldg.; Douglas 3481. Westerfeld, Carl, Mills Bldg.; Doug- las 1700. Westlake, Elmer, Humb. Bk. Bldg.; Sutter 4511. Weyl, Bertin A., Pacific Bldg.; Kearny 2817. Wheeler, C. S., Nevada Bk. Bldg.; Douglas 713. Whipple, G. H., Merchants Ex. Bldg.; Kearny 2273. Whitcomb, F. R., Foxcroft Bldg.; Douglas 1889. White, B. G., Nevada Bk. Bldg.; Sutter 232. White, J. B., Nevada Bk. Bldg.; Kearny 941. White, J. E'., Monadnock Bldg.; Douglas 360. White, Thos. R., Mills Bldg.; Doug- las 246. White, Wm. K, 604 Montgomery St. Whited, J. M., 1st Natl. Bk. Bldg.; Kearny 925. Whiting, R. V., Monadnock Bldg.; Sutter 1208. Whittle, A. L., Crocker Bldg.; Sut- ter 666. Weil, S. C, Merchants Ex. Bldg.; Sutter 1439. Wight, Wilder, Balboa Bldg.; Kearny 1555. Wilbur, E. D., Holbrook Bldg.; Sut- ter 3391. Willard, C. W., Merch. Ex. Bldg.; Kearny 2897. Willard & Ferrell, Merch. Natl. Bk. Bldg.; Douglas 4757. Willeox, Geo. M., Hearst Bldg.; Sutter 3158. Williams, Evan, Merchants Ex. Bldg.; Kearny 2273. Williams, E. H., Phelan Bldg.; Kearny 2622. SAN FRANCISCO, San Francisco Co.— Continued. Williams, G. N., Lick Bldg.; Doug- las 402. Williams, J. T., French Bk. Bldg.; Kearny 5879. Williamson, W. F., Crocker Bldg.; Kearny 3299. Willis, W. H., Grant Bldg.; Market 79. Wilson, A. A., Mills Bldg.; Sutter 1720. Wilson, C. E., Mills Bldg.; Douglas 1872. Wilson, C. H., Balboa Bldg.; Kearny 2137. Wilson, E. M., Kohl Bldg.; Kearny 2357. Wilson, J. R., Mechanics Inst. Bldg.; Kearny 4742. Wilson, M. S., Nevada Bk. Bldg.; Kearny 713. Wilson, O. C, MiUs Bldg.; Douglas 5349. Wilson & Haines, Mills Bldg. ; Doug- las 5349. Wilson & Wilson, Nevada Bk. Bldg.; Kearny 713. Wise, O. I., First Natl. Bk. Bldg.; Sutter 1066. Wise, Sapiro & O'Connor, First Natl. Bk. Bldg.; Sutter 1066. Wise, W. A., Sharon Bldg.; Douglas 1896. Wittenmeyer, L. A., Balboa Bldg.; Kearny 5320. Wolch, H. A. I., Pacific Bldg.; Sut- ter 914. Wolf, E. Myron, Monadnock Bldg.; Kearny 2397. Wolfe, E. I., Mills Bldg.; Douglas 789. Wolff, H. K., Russ Bldg.; Kearny 3249. Wolff, M. D., Merchants Natl. Bk. Bldg.; Douglas 4757. Wood, Baldwin, Kohl Bldg.; Doug- las 3595 Wood, Percy A., Call Bldg.; Doug- las 265. Woodburn, F. L., Call Bldg.; Doug- las 99. Woodhams, M. S., Foxcroft Bldg.; Sutter 379. Woods, S. D., Mills Bldg.; Sutter 1720. Woodvvorth, M. B., Clunie Bldg.; Douglas 448. Worley, Alfred L., Bk. of Italy Bldg.; Kearny 3092. 1338 HILLYER S LEGAL MANUAL. SAN FRANCISCO, San Francisco Co.— Continued. Wright, A. G., Mills Bldg.; Kearny 4150. Wright, F. M., Monadnock Bldg.; Kearny 2726. Wright, G. T., Mills Bldg.; Kearny 4150. . Wright, S. C, Call Bldg.; Douglas 4913. Wright, W. E., Pacific Bldg.; Doug- las 3492. Wright & Wright & Stetson, Mills Bldg.; Kearny 4150. Wyman, O. B., Merchants Natl. Bk. Bldg.; Douglas 520. Wythe, F. S., Chronicle Bldg.; Kearny 3597. Young, H. S., Nevada Bk. Bldg.; Kearny 833. Young, L. F., Flood Bldg.; Kearny 3116. Zeigler, W. G., Mills Bldg.; Sutter 1768. Zimdars, J. B., Merchants Natl. Bk. Bldg.; Kearny 4642. Zwerin, P. M., Humboldt Bk. Bldg.; Sutter 2040. SAN GABKIEL, Los Angeles Co.— Freeman, R. L. Pike, Chas. L. SAN JACINTO, Riverside Co.— Dunn, John H. Sallee, F. M. SAN JOSE, Santa Clara Co.— Aggler, W. T., Dep. Co. Clk. Archer, L. B. Arques, L. L. Bailev, Louis H. Bailey, W. C. Beasly & Fry. Beggs, Wm. M. Benson, F. H. Biaggi, W. R. Black, J. C. Blanehard, Hiram A. Bohnett, L. D. Bowden, N. Bridge?, Herbert S., Dep. Dist. Att. Brown, F. B. Brown & Lewis. Burnett, D. M. Caldwell, A. A. Campbell, Argyl. Campbell, J. H. Campbell & Campbell. Cassin, Chas. M. SAN JOSE, Santa Clara Co.— Con- tinued. Cavallaro, C. D. Clark, Chas. Coolidge, C. C, Dep. Dist. Atty. Corbin, E. L. Crittenden, B, S. Crothers, C. F. . Davids'on, C. W., Mayor. Dougherty & Dougherty. Dusing, H. F. Estes, F. R. Fitzgerald, Jno. French, Henry. Fry, H. R. Gabriel, H. A. Gondring, J. M. Gosbey, P. F., Supr. Judge. Hambly, F. J. Hardinge, H. A. Hardy, W. B. Hayes & Hayes. Herrington, Clarence. James, W. F. Johnson, W. H. Johnston, Wm. A. Jones, H. C. Kerwin, J. B. Koppel, I. L, Kotlinger, L. A. Lamb, Earl. Leib, Roy C. Leib, S. F. Lewis, De L. Lorigan, C. M. Lorigan, W. G.j Supm. Judge. McComas, H. W. McComish, R. C. McGinnis, James S. Maloy, Jeff L. Michener, A. H., Ct. Rep. Montgomery, Louis. Moore, H. C. Oneal, L. O'Neil, R. K., Dep. Co. Clk. Partridge, H. L. Peckham, J. B., Dep. Dist. Atty. Petree L. E. Pfister', H. A., Clk. Supr. Ct. Quilty, Chas. W. Rea, E. M. R. Rhodes, A. L. Rhodes, E. L. Richards, J. E., .Judge Applt. Ct. Richardso-n, O. D. Robertson, R. F. ATTORNEYS AT LAW. 1339 SAN JOSE, Santa Clara Co.— Con- tinued. Rogers, Bloomingdale & Free. Rogers, W. A. Rosenthal, E. M. Russell, J. H. Scheller, V. A, Schilling, F. A., Dep. Co. Clk. Sex, J. P. Shortridge, C. M. Smith, G. D. Sullivan, J. W., City Atty. Syer, Robt. R. Taylor, B. G. Thomas, F. L., Dep. Dist. Atty. Thornton, D. L. Tompkins, S. G. Tuttle, Hiram D. Waldorf, G. W. Wallace, Jno. T. Welch, J. R., Supr. Judge. Wilcox & Burnett. Wilcox, Edwin A. Witten, C. L. Wooster, C. B. Wretraan, Niles E. Wright, C. D. Wright, R. M. SAN LEANDRO, Alameda Co.— Dignan, F. W. Frank, J. N. Jones, H. P. Rogers, A. A. SAN LORENZO, Alameda Co.— McConaghy, N. A. SAN LUIS OBISPO, San Luis Obispo Co.— Burnett, James K. Campbell, A. E. Carpenter, H. H., Clk. Supr. Ct. Carpenter & Gibbons. Enos, L. A. Faulkner, F. A. Genter, I. S. Gregg, P. M. Jacks & Kibbe. Kaetzel, Chas. Lamy & Putnam. Nelson, A. Norton, T. A., City Atty. Palmer, C. A., Dist. Atty. Putnam, R. W. Rhodes, Thomas. Shipsey, Wra. Spencer, W. H. Swinnerton, S. M. Unangst, E. S., Supr. Judge. Wright, S. V. SAN MATEO, San Mateo €o.— Gordon, Joseph C. Kirkbride, C. N. Kirkbride & Gordon. McCurdy, J. E. Ross & Ross. Styles, Harry E. SAN PEDRO, Los Angeles Co.— Fleming, Frank. Goodspeed, Richard C. Savage, W. H. Stephens, Jesse E. Stevenson, Thos. B. Stieglitz, H. SAN RAFAEL, Marin Co.— Angellotti, F. M., Jus. Supm. Ct. Boyd, T. P., Dist. Atty. Butler, E. L Byrnes, Chas. Dufficy, M. C. Hawkins, J. K., City Atty. Keyes, James W. Lennon, Thos. J., Judge Ct. of Appl. Mahony, W. H. Martinelli, E. B. Rigby, W. Jr. Zook, Edgar T., Supr. Judge. SANTA ANA, Orange Co.— Anderson, Jno. N. Bell, J. H. Billingsley, R. Bishop, C. Daniel, F. O. Daniel, Lee. Davis, S. M. Finley, S. S. Forgy, Horatio J. Harding, D. F. Head, H. C. Heathman, W. F. Keech & Davis. Langley, E. T. Kingston, C A. McFadden, A. J. Rutan, A. W. Scarborough & Forgy. Simon, W. W. Smith, J. P. Thomas, W. H. Towner, J. W. West, L. A., Dist. Attv. West, Z. B., Supr. Judge. Williams, B. Williams, R. Y. SANTA BARBARA, Santa Barbara Co.— Buck, M. H. Butcher, W. P., City Atty. Canfield & Starbuck. 1340 HILLYER^S LEGAL MANUAL. SANTA BARBARA, Santa Barbara Co. — Continued. Oanfield, R. B. Colby, J. L. Crow, S. E., Supr. Judge. Gammill. W. C. Gould, Geo. H. Griffith, Wm. G. McGrath, E. R. Perkins, J, J. Perrigo, G. A. Richards & Carrier. Rizor, E. A. Schauer, F. H. Smith, J. Will. Squire, E. W. Squire, John J. Storke, C. A. Thomas, B. F. Thompson, C. A. SANTA CLARA, Santa Clara Co.— Albertson, L. A. Kimberlin, H. V. SANTA CRUZ, Santa Cruz Co.— Atterage, L. J. Aydelotte, W. M. Bias, H. J. Carpenter, F. J. Cassin, C. M. Clark, D. C. Davids, H. R. Gardner, W. M. Houck & Crittenden. Jeter, W. T. Knight, Ben. K. Kramer, E. C. Leonard, J. H. Logan, J. H. Martin, Ed. Mitchell, A. E. Netherton, W. P. Osborn, H. R. Rittenhouse, Emmett C. Rittenhouse & Johnson. Smith, L. F., Supr. Judge. Smith, L. F. Jr. Smith, Ralph. Stanley, Geo. F. Storey, W. D. Wanzer, J. O. Wheeler, J. S. Younger, C. B. SANTA M \RIA, Santa Barbara Co.— Armstrong^ C. U. Bigler, A. B. Conkey, J. F. Finley, T. R. Leslie, A. Preisker & Preisker. Preisker, Thos. SANTA MONICA, Los Angeles Co. Bashore, Ellis. Hutton, G. H., Supr. Judge. Odell, Robt. A. Palmer, W. M. Taft, H. W. Tanner, Taft & Oddell. Wagner, Frank G. Weber, Arthur A. SANTA PAULA, Ventura Co.- Blanchard, Arthur H. SANTA ROSA, Sonoma Co.— Barham, J. A. Berry, J. P. Butts, T. J. Campbell, Jno. Tyler. Campbell, R. Comstock, Hilliard. Cowan, W. F. Crawford, R. F. Denny, T. C, Supr. Judge. Dougherty, S. K. Fulwider. L. E. Gale, D. R. Geary, T. J. Hoyle, G. W. Johnson, A. M. Juilliard, L. W. Kellogg, F. H. Kellogg, L. B. Lea, C. F. Lemmon, F. G. Leppo, J. R. McConnell, W. E. Martin, F. McG. (Mrs.) Oates, James W. Pressley, L. A. Schlotterback, P. L. Seawell, E,, Supr. Judge. Thompson, J. M. Thompson, R, L. Vaughn, M. T. Ware, A. B. Ware, Philip. Weske, H. W. A. Jr. SAUSALITO, Marin Co.— Meldon, O. F. Pistolesi, L. C. Vincilion3, P. SAWTELLE, Los Angeles Co.— Bowers, W. H. Ewing, R. C. SEBASTOPOL, Sonoma Co.— Libby, Geo. Perrier, C. R. Perrier & Libby. Scott, L. G. ATTORNEYS AT LAW. 1341 SELMA, Fresno Co.— Good, W. B. Laughiin, E. C. Eichards, E. S. Shepard, E. E. Smith, J. H. SIERRA CITY, Sierra Co.— Deerwater, D. W. SIERRA MADRE, Los Angeles Co.— Bridges, H. F. Montgomery, C. C. Moote, F. D. R. SISSON, Siskiyou Co.— Haese, Otto L. McGuinness, Henry. Ney, John. SONOMA, Sonoma Co.— Oowgill, C. C. Duhring, F. T. Mathewson, H. P. Poppe, R. A, Sprague. Frank. SONORA, Tuolumne Co.— Curtin, J. B., State Senator. Hampton, C. Hardin, Rowan, Dist. Atty. Holland, E. W. Nicol, G. W., Supr. Judge. Otis, F. P. Segerstrom, Chas. H. Webster. J. C. SOUTH PASADENA, Los Angeles Co. — Hamm, J. C. Hazlett, Wm. Moore, R. A. STANFORD UNIVERSITY— Hohfeld, Wesley H. STOCKTON, San Joaquin Co.— Ashley, A. H. Beardsley, R. L. Berry, B. Bluett, Stephen. Buck, Geo. F. Budd, J. E. Carpenter, A. H. Case, C. C. Clary & Louttit. Dodge, R. W. ' Foltz, Edw. P. Freitas, Law T. Gill, CM. Graham, E. D., Co. Clk. Grimm, Max. Henry, M. J. Housken, F. O. Jones, Hon, E. J. STOCKTON, San Joaquin Co.-Con- tinned. Kile, J. M. Leistner, G. W. Levinsky, A. L. Light, Chas. Little, J. P. McNoble, G. F. McNoble, H. B. Marceau, D. C. Marrs, O. L. Miller, C. W. Minor, R. O. Newmiller, C. L. Norton, C. W., Supm. Judge. Nutter, W. B. Nutter & Orr. Orr, M. F. Parker, A. C. Parkinson, 0. B. Plummer, J. A., Supr. Judge. Rendon, C. P. Rutherford, W. N. Seanlon, A, V. Smith, F. H., Supr. Judge. Spurrier, S. M. Stanley, H. C. Stewart, Gordon A. Von Detten, Otto, City J. P. • Van Vranken, Edw. Washington, W. A. Webster & Webster. White, A. C. Wilson, John A. Wulff, B. Young, D. M. SUISUN, Solano Co.— Buckles, A. J,, Supr. Judge. Devlin, R. Frank. Goodell, B. J. Goodman, W. U. Gregory, T. T. C. Harlan, Paul C. Hunnewell, R. F. Mclnnis, F. C. Raines, Joseph M., Dist. Atty. SUSANVILLE, Lassen Co.— Arnold, M. Boardman, W. M. Burroughs, H. D., Supr. Judge. Johnson, G. P., Dist. Atty. Kelley, Frank A. Pardee & Pardee. Rankin & Julian. Rankin, R: M. Sharp, J. T. SUTTER CREEK, Amador Co.— Curts, John G. McGee, W. J. Rose, W. L. 1342 HILLYER'S LEGAL MANUAL. TOMALES, Marin Co.— Keyes, James W. TRACY, San Joaquin Co.— Housken, F. O. TROPICO, Los Angeles Co.— Burch, N. C. TRUCKEE, Nevada Co.— Gleeson, P. F. Kelley & Kelley. McGlasham, C. F. Rutherford, Frank M. TULARE, Tulare Co. Davis, J. W. DeWitt, W. M., J. P. Gill, Geo. F. Russell, Calvin L. Scott, C. R. Zartman, G. W. TURLOCK, Stanislaus Co.— Fowler, R. R. Harris & Johnson. UKIAH, Mendocino Co.— Carothers, T. L. Duncan, Robt., Dist. Atty, Hale, Theodore P. Henley, Ed. V. Henley, Lapsey C. Hirsch, M. Iverson, M. H. McCowen, Hale, Clk. Ct. McCowen, Hale, Jr. Mannon, J. M. Mannon & Mannon, J. McNab & Hirsch. Pemberton, J. E. Peirsol, J. K. Poage, W. G. Preston, J. W. Preston & Preston. Red wine, Geo. E. Ruddock, J. C. Thomas, W. P. Thomas & Thomas. Weldon & Held. White, J. Q., Crim. Supr. Judge. VACAVILLE, Solano Co.— McMillan, R. B. Reynolds, Thos. E. Tate, H. P. VALLEJO, Solano Co.— Devlin, R. Frank, Foster, W. W. Greenwood, H. V. - Harrier, L. G. Hilton, Oscar T. Lindauer, Arthur. Lynch, P. B. O'Donnell, W. T. VALLEJO, Solano Co. — Continued. O'Leary, J. H. Raines, Jos. M. VENICE, Los Angeles Co.— Hanna, Byron C. Parker, Force. VENTURA, Ventura Co.— Barnes, W. H. Blackstock, C. F. Bowker, Don G., Dist. Atty. Clarke, R. M., Superior Judge. Ewing, F. W. Farrand, G. E. Gardner, E. S. Knox, Clay G. Moss, E, E. Orr, H. F. Orr, Orestes. Rodgers, M. J. Selby, L. Shepherd, W. E. Sheridan, R. M. Stewart, L W. VISALIA, Tulare Co.— Allen, J. A., Supr. Judge. Bagby, Earl A. Bradley, N. O. Bradley & Bradley. Burke, Jas. M. Clack, J. S. Clark, T. E. ' Daggett, A. Edwards, D. M. Edwards & Smith, Farnsworth, E, C. Feemster, E. I. Gray, Wheaton A., Jus. Dist. Ct. Appl. Hannah, J. A. Hannah & Miller. Lamberson, Chas. G. Lamberson & Lamberson. Larkin, E. 0. Larkin & Feemster. McClure, H. B. McFadzean, Danl. Machetanz, Karl A. Miller, H. T. Perkins, D. E. Power, M. E. Power & McFadzean. Walker, Ralph. Wallace, W. B., Supr. Judge. WALNUT CREEK, Contra Costa Co. — Ormsby, A. S. WATSONVILLE, Santa Cruz Co.— Dickman, A. Gaffey, T. J. Hall, J. A. Hudson & Burke. ATTORNEYS AT LAW. 1343 WATSONVILLE, Santa Cruz Co.— Con- tinued. Kelly, Edw. MeSherry, Patrick J. Maher, David F. Maloy, J. L. Sans, A. W. Sheehy, Phil. Smith, Geo. W. Taylor, Chas. R. Wyckofle, A. C. Wyckoff & Gardner. WATTS, Los Angeles Co.— Mardock, J. E. Shoaff, P. WEAVERVILLE, Trinity Co.— Bartlett, Jas. W., Judge. Given, H. R. Reid, John S. White, C. Wm. WHITTIER, Los Angeles Co.— Graham, Ralph F. Holland, H. W. McCaslin, M. G. Meek, Dudley. Moore, A. Owens, M. T. Woodward, R. R. WILLITS, Mendocino Co.— Goldberg, C. H. Whitney, E. M. WILLOW, Glenn Co.— Albery, H. M. Jr. Belieu, W. T. Bell, Harry, Bordner, R. O. Donohoe, C. L. Farnham, L. P. Finch, W. M., Supr. Judge. Freeman, F. Freeman, Geo. R. Geis, Ben. F. Geis, Durand F. Moody, Frank. Parks, Geo. M. Purkitt, C. F., Dist. Atty. Sale, W. H., Co. Clk. West, Glenn. « Zumwalt, A. J, WILMINGTON, Los Angeles Co.— Carter, Henry E. Eubank, C. H. WINTERS, Yolo Co.— Cowgill, Wilson, Clarence L. WOODLAND, Yolo Co.— Anderson, W. A. Armfield, Elmer. Bailey, A. G. Bailey & Wilson. Bruton, P. Craig, Jos. Gaddis, E. E. Gibbs, Guy V Grant, W. H. Hare, James L. Hawkins, N. A., Supr. Judge. Hillhouse, Byron. Hurst & Hurst. Huston, A. C. Huston, H. L. Julian, Grove C. Julian & Gibbs. Phillips, Welton, J. Strong, J. E. Thomas, C. W. Thomas, C. W. Jr. Whitney, E. V. (Mrs.) Whitney, G. W. YREKA, Siskiyou Co.— Butler, C. E. Coburn, L. F. Collier, B. K. Fairchild, J. D. Farraher, Jas. F. Gillis, C. E. Jared, E. F. Hooper, Frank W. Lodge, Jas. F., Supr. Judge. Luttrell, Chas. J. Raynes, H. R. Stafford, J. L Strother & Jared. Tapscott, Jas. R. Taylor & Tebbe. Tebbe, Geo. A. YUBA CITY, Sutter Co.— Green, D. D., Clk. Ct. Hewitt, A. H. McLaughlin, A. C. Mahon, K. S., Supr. Judge. Sanborn, M. E. Schilling, L., Dist. Atty. 1344 HILLYER'S LEGAL MANUAL. ABSTRACTERS OF TITLE. ALAMEDA — Alameda County Abstract Co., Oakland; John McCarthy, President and Manager. Oakland Title and Abstract Co., Oakland. Stocker and Holland Abstract Co., Oakland; A. P. Holland, President. ALPINE— Frank Smith; Fred S. Dun- lap, (Markleeville). AMADOR — M. E. Fontenrose, Jackson. BUTTE— W. T. Baldwin, Oroville. CALAVERAS— W. A. Dower, San An- dreas. COLUSA— J. B. De Jarnott & Son; J. W. W. Goad; B. D. Beckwith. CONTRA COSTA— Contra Costa Ab- stract and Title Co., Martinez; A. E. Dunkel, Manager. Martinez Ab- stract and Title Co., Martinez, Chas. G. Bacon, Manager. DEL NORTE— County Recorder. EL DORADO— Pierce-Bosquit Abstract and Title Company. FRESNO— Fresno County Abstract Co., 1117 K St., Fresno; W. W. Eden, Secretary and Manager. San Joa- quin Abstract Co., 1156 J. St., Fresno; Jarvis Streeter Jr., Sec- retary and Manager. GLENN— John H. Graves, Willows. HUMBOLDT— Belcher & Crane Co., Eureka. IMPERIAI^-People's Abstract & Trust Co., El Centre. INYO— Frank C. Scherrer and C. I. MacFarlane (both at Independ- ence). KERN — Title Assurance Company of Kern Co., Bakersfield; Chas. P. Clark, Manager. KINGS— J. H. Farley; Hanford Ab- stract Co.; and Kings Co. Abstract Company. LAKE — Lake County Title & Abstract Co., Lakeport; Geo. H. Neal, Sec- retary. LASSEN— Lassen County Title & Ab- stract Co., Susanville; Miss L. A. Lowe, Secretary. LOS ANGELES— California Title Guar- anty Co., 329 W. Third St., Los Angeles. Los Angeles Abstract & Trust Co., 325 So. Hill St., Los Angeles; L. J. Selby, Secretary and Manager. Title Insurance & Trust Co., T. I. & T. Building, Los An- geles; Lee C. Gates, Chief Counsel. Title Guarantee & Trust Co. MADERA— Madera Abstract Co., Ma- dera; E. M. McCardle, Secretary and Manager. MARIN — Abstract and Record Search- ing Co., San Rafael. Abstract and Title Co., San Rafael. MARIPOSA— F. A. Bondsho; W. E. Gallison; Alice C. Corcoran; L. J. Harris, c/o Recorder. MENDOCINO— Ukiah Guarantee Ab- stract and Title Co., Ukiah; P. Con- nolly, President. MERCED— Abstract Title and Invest- ment Co., Merced; W. E, Morton, Manager. Simonson and Harrell, Merced. MODOC — Modoc Abstract Co., Alturas. MONO — Geo. Delaney, County Recorder (at Bridgeport). MONTEREY— Salinas Abstract Co., Salinas. NAPA — Guarantee Abstract Company of Nq,pa, Napa. NEVADA — Pierce-Bosquit Abstract and Title Company (Nevada City). ORANGE— Orange County Title Co., Santa Ana. Abstract and Title Guaranty Co., Santa Ana. PLACER — Placer County Abstract and Title Co., Auburn. PLUMAS— Plumas Co. Abstract Com- pany (Quincy). RIVERSIDE — Riverside Abstract Co., Riverside; Raymond Best, Man- ager. Riverside Title and Trust Co., Riverside; Chas. E. Johnson, Manager. Union Title & Abstract Co., Riverside. SACRAMENTO— Buckley-Gerber Ab- stract and Title Co., Sacramento; F. X. Wiesenhofer, Manager. ABSTRACTERS OF TITLE. 1345 SACRAMENTO— Continued. Pierce-Bosquit Abstract and Title Co., 905 Sixth St., Sacramento; Ross E. Pierce, Manager. Sac- ramento Abstract and Title Co., 701 I .St., Sacramento; John R. La Rue, Secretary and Treasurer. SAN BENITO— G. W. McConnell (Hollisiter). SAN BERNARDINO — Consolidated Abstract and Title Guaranty Co., San Bernardino; A. L. Sloan, Man- ager. Pioneer Abstract and Title Guaranty Co., San Bernardino; W. N. Glascock, Assistant Manager. Redlands Abstract and Title Guar- anty Co., Redlands. SAN DIEGO— Union Title and Trust Co., 903 Fourth St., San Diego; John R. Forward, Manager. SAN FRANCISCO— California Pacific Title and Trust Co., California-Pa- cific Building, San Francisco; Mur- ray F. Vandall, Manager. Stand- ard Title Insurance Co., Mills Building, San Francisco; Livingston Jenks, President and Manager. Title Insurance & Guaranty Co., 250 Montgomery St., San Francisco; A. J. Carmany, Manager. SAN JOAQUIN— San Joaquin County Abstract Co., Stockton; E, D. Tay- lor, Manager. SAN LUIS OBISPO— E. R. Rogers; Ab- stract and Title Bureau; San Luis Obispo Abstract Co. SAN MATEO— The Abstract of Title Company of San Mateo County, Redwood City; R. F. Chilcott, Sec- retary and Manager. J. F. John- ston Abstract Co., Rewood City; R. H. Curran, Manager. Geo. H. Rice Abstract Co., Redwood City; C. M. Doxsee, Manager. SANTA BARBARA— Santa Barbara Abstract and Guaranty Co., Santa Barbara. SANTA CLARA— San Jose Abstract Co., San Jose; L. P. Edwards, Man- ager. SANTA CRUZ— L. J. Dake; Santa Cruz Law and Abstract Company, 4 Cooper Place; also, J. O. Wanler. SHASTA— Carl R. Briggs Abstract and Title Co., Redding; Carl R. Briggs, Manager. SIERRA— Wehe & Redding; H. E. Quig- ley. County Recorder; Jas. F. Hunt (Downieville). SISKIYOU— Butler & Butler, Siskiyou Abstract Company (Yreka); 8. W. Armstrong. SOLANO— J. P. Griffiths Abstract and Title Co., Fairfield; J. P. Griffiths, Manager. Solano County Abstract Co., Fairfield; Jas. N. Watson, Sec- retary. SONOMA — Sonoma County Abstract Bureau, Santa Rosa; F. H. Kellogg, President. STANISLAUS— Modesto Title Ab- stract Co., Modesto; B. C. Hawkins, Secretary. Stanislaus Land and Abstract Co., Modesto; Martin R. Green, Attorney. SUTTER— A. H. Hewitt, D. D. Green & Williams (Yuba City). TEHAMA— W. L. Bradford; J. N. True (Red Bluff). TRINITY— H. L. Lowden, Trinity Real Estate and Abstract Company (Weaverville). TULARE— Abstract and Title Guar- anty Co., Visalia. Tulare County Abstract Co., Visalia; A. D. Wil- son, Manager. Visalia Abstract Co., Visalia; J. H. Bliss, Manager. TUOLUMNE— Son ora Abstract and Trust Company (Sonora). VENTURA— Ventura Abstract Co., Ventura. YOLO— Yolo County Title Abstract Company (Woodland). YUBA— Yuba County Abstract Com- pany; Chas. J. Covilland, Attorney at Law, Peri Block (Marysville). NOTE. — The officers named above represented their respective companies at the last convention. 85 1346 hillyer's legal manual. LIST OF NEWSPAPERS. (For Publication of Legal Notices) ALAMEDA COUNTY— Oakland. "Oakland Tribune," daily. ALPINE COUNTY— Markleeville. No paper. See Jackson, Amador County. AMADOR COUNTY— Jackson. "Amador Dispatch," weekly, Fri- day. BUTTE COUNTY— Oroville. "Oroville Register," daily except Sunday. CALAVERAS COUNTY— San Andreas. "Calaveras Citizen," weekly, Satur- day. COLUSA COUNTY— Williams. "The Farmer," weekly, Saturday. CONTRA COSTA COUNTY— Martinez. "Martinez Standard," daily except Sundays. "Contra Costa Standard," weekly, Saturday. DEL NORTE COUNTY— Crescent City. "Del Norte Record," weekly, Satur- day. EL DORADO COUNTY— Placerville. "Republican and Nugget," daily ex- cept Sunday. "El Dorado Republican and Nug- get," weekly, Friday. FRESNO COUNTY— Fresno. "Fresno Republican," daily. GLENN COUNTY— Willows. "Journal," daily except Sunday. HUMBOLDT COUNTY— Eureka. "Eureka Herald," daily. "Californian," weekly, Saturday. IMPERIAL COUNTY— El Centro. "Imperial Valley Press," daily ex- cept Sunday. INYO COUNTY— Independence. "The Inyo Independent," weekly, Friday. KERN COUNTY— Bakersfield. "Bakersfield Californian," daily ex- cept Sunday. "California Oil World," weekly, Thursday. KINGS COUNTY— Hanford. "Hanford Journal," daily except Sunday. LAKE COUNTY— Lakeport. "Clear Lake Press," weekly, Satur- day. LASSEN COUNTY— Susanville. "Lassen Advocate," weekly, Friday. LOS ANGELES COUNTY— Los An- geles. "Los Angeles Examiner," daily. "Los Angeles Times," daily. MADERA COUNTY— Madera. "Madera Mercury," daily except Sunday. MARIN COUNTY— San Rafael. "San Rafael Independent," weekly, Tuesday. MARIPOSA COUNTY— Mariposa. "Mariposa Gazette," weekly, Satur- day. MENDOCINO— Ukiah. "Ukiah Dispatch Democrat," week- ly, Friday. MERCED COUNTY— Merced. "Merced Sun," daily except Sun- day. "Merced Express," weekly, Satur- day. MODOC— Alturas. "Alturas Plain Dealer," weekly, Friday. MONO COUNTY— Bridgeport. "Bridgeport Chronicle," weekly, Saturday. MONTEREY COUNTY— Salinas. "Salinas Democrat," daily except Monday. "Monterey County Democrat," weekly, Friday. NAPA COUNTY— Napa. "Napa Journal," daily except Mon- day. NEVADA COUNTY— Nevada City. "Nevada Transcript," daily except. Sunday. ORANGE COUNTY— Santa Ana. "Santa Ana Register," daily, ex- cept Sunday. LIST OF NEWSPAPERS, 1347 PLACER COUNTY— Auburn. "Placer County Eepublican," week- ly, Thursday. PLUMAS COUNTY— Quincy. "Plumas Independent," weekly, Wednesday. RIVERSIDE COUNTY— Riverside. "Riverside Enterprise," daily ex- cept Monday. "Arlington Times," weekly, Thurs- day. SACRAMENTO COUNTY— Sacra- mento. "Sacramento Bee," daily except Sunday. "Sacramento Journal," weekly, Saturday. SAN BENITO— Hollister. "Hollister Free Lance," daily ex- cept Sunday. "Hollister Bee," weekly, Friday. SAN BERNARDINO COUNTY— San Bernardino. "San Bernardino Index," daily ex- cept Sunday. SAN DIEGO COUNTY— San Diego. "San Diego Sun," daily except Sun- day. "San Diego Herald," weekly, Thurs- day. SAN FRANCISCO COUNTY— San Francisco. "San Francisco Chronicle," daily. "The Star," weekly, Saturday. SAN JOAQUIN COUNTY— Stockton. "Stockton Mail," daily except Sun- day. "Stockton News Advocate," week- ly, Friday. SAN LUIS OBISPO COUNTY— San Luis Obispo. "San Luis Obispo Tribune," daily except Monday. SAN MATEO COUNTY— Redwood City. "Redwood Democrat," weekly, Thursday. SANTA BARBARA COUNTY— Santa Barbara. "Santa Barbara Independent," daily except Sunday. SANTA CLARA COUNTY— San Jose. "San Jose M-ercury," daily except Sunday. SANTA CRUZ COUNTY— Santa Cruz. "Santa Cruz News," daily except Sunday. SHASTA COUNTY— Redding. "Shasta Searchlight," daily except Monday. SIERRA COUNTY— Downieville. "Downieville Mountain Messenger," weekly, Saturday. SISKIYOU COUNTY— Yreka. "Siskiyou News," weekly, Thurs- day. SOLANO COUNTY— Fairfield. "Fairfield Enterprise," weekly, Saturday. SONOMA COUNTY— Santa Rosa. "Santa Rosa Press Democrat," daily except Monday. "Sonoma County Herald," weekly, Friday. STANISLAUS COUNTY— Modesto. "Modesto Herald," daily except Monday. SUTTER COUNTY— Yuba City. "Sutter County Farmer," weekly, Friday. TEHAMA COUNTY— Red Bluflf. "Red Bluff News," daily except Monday. TRINITY COUNTY— Weaverville. "Trinity Journal," weekly, Satur- day. TULARE COUNTY— Visalia. "Visalia Times," daily except Sun- day. TUOLUMNE COUNTY— Sonora. "Sonora Banner," weekly, Friday. YOLO COUNTY— Woodland. "Woodland Democrat," daily ex- cept Sunday. "Yolo Democrat," weekly, Thurs- day. YUBA COUNTY— Marysville. "Marysville Appeal," daily except Monday. 1348 hillyer's legal manual. SENATORIAL DISTRICTS. (For Districts not included below, see map at end of volume.) 13th. All that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point where the line dividing Oakland and Brooklyn townships intersects the northeasterly boundary line of the county of Alameda ; thence southwesterly along said dividing line to the northeasterly boundary line of the city of Piedmont; thence southeasterly and southerly following the northern and eastern bound- ary line of the city of Piedmont to the southeasterly corner thereof; thence southwesterly along Thirteenth avenue to the center line of Fourteenth avenue; thence southerly along the center line of Four- teenth avenue to the center line of Lincoln street ; thence easterly along the center line of Lincoln or East Thirty-first street to the center line of Twenty-third avenue; thence southerly along. the center line of Tw^enty-third avenue to the center line of Sherman street, otherwise known as the old County Road ; thence easterly along said old County Road to the center line of High street ; thence easterly along center line of the Foothill Road, or County Road No. 3358, to the center line of Grand, or Ninetieth avenue ; thence southwesterly along said line of Ninetieth avenue, crossing East Fourteenth street to the center line of ''B," or Second street; thence easterly along said "B" street to the center line of Jones, or Ninety-eighth avenue ; thence southerly along the center line of Jones, or Ninety-eighth avenue, to the center line of County Road No. 1995 ; thence southerly along center line of County Road No. 1995 to the line dividing Brooklyn and Eden townships; thence westerly along said township line to the line dividing Brooklyn and Alameda townships; thence southerly and westerly along the boundary line of Alameda township to the westerly boundary line of Alameda county; thence southerly along said westerly boundary line to its intersection with the northerly boundary line of Santa Clara county ; thence easterly along the boundary line dividing Alameda and Santa Clara counties to a point which is the intersection of the bound- ary lines of the counties of Alameda, Santa Clara, Stanislaus and San Joaquin; thence northwesterly and northerly along the boundary line between the counties of Alameda and San Joaquin to a point where the boundary line dividing the counties of Alameda and Contra Costa inter- sects the westerly boundary line of the county of San Joaquin ; thence in a southwesterly and northwesterly direction along the boundary line between the counties of Alameda and Contra Costa to the point of beginning. 14th. All that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point where the w^esterly boundary line of the county of Alameda is intersected by the line dividing Oakland and Alameda townships; thence easterly along said dividing line to a point in Oakland harbor where said line is intersected by the line dividing Oakland and Brooklyn townships ; thence northerly along the SENATORIAL DISTRICTS. 1349 westerly boundary line of Brooklyn township, passing through the easterly arm of Lake Merritt and up Indian Gulch to the northeasterly boundary line of East Oakland Heights; thence southeasterly along said last boundary line to the center of Thirteenth avenue; thence northeasterly along center line of Thirteenth avenue, or County Road to Moraga Valley, to the center line of Fourteenth avenue; thence southerly along the center line of Fourteenth avenue to the center line of Lincoln street ; thence easterly along the center line of Lincoln, or East Thirty-first street, to the center line of Twenty-third avenue; thence southerly along the center line of Twenty-third avenue to the center line of Sherman street, otherwise known as old County Road; thence easterly along said old County Road to the center line of High street; thence along the center line of Foothill Road, or County Road No. 3358, to the center line of Grand, or Ninetieth avenue ; thence southerly along said line of Ninetieth avenue, crossing East Fourteenth street to ''B," or Second street; thence easterly along said ''B" street to the center line of Jones, or Ninety-eighth avenue; thence southerly along the center line of Jones, or Ninety-eighth avenue, to the center line of County Road No. 1995; thence southerly along center line of County Road No. 1995 to the line dividing Brooklyn and Eden town- ships; thence westerly along said township line to the line dividing Brooklyn and Alameda townships ; thence southerly and westerly along the boundary line of Alameda township to the westerly boundary line of Alameda county; thence northwesterly along the westerly county boundary line to the southerly boundary line of Oakland township and the point of beginning. 15th. All that portion of the county of Alameda described as fol- lows, to wit : Beginning at a point where the northern boundary line of the city of Berkeley intersects the northeasterly boundary line of the county of Alameda ; thence westerly along said northern boundary line of the city of Berkeley to a point where the same is coincident with the center line of Eunice street ; thence westerly along the center line of Eunice street to the center line of Milvia street; thence south- erly along the center line of Milvia street to the center line of Adeline street ; thence southerly along the center line of Adeline street to the northerly boundary line of the town of Emeryville; thence easterly, southerly and westerly following the boundary line of the town of Emeryville to the center line of San Pablo avenue; thence southerly along the center line of San Pablo avenue to the center line of Broad- way; thence southerly along the center line of Broadway to the northern boundary line of Alameda township; thence easterly along the northern boundary line of Alameda township to the westerly line of Brooklyn township, the same being a point in Oakland harbor; thence northerly along the westerly boundary line of Brooklyn town- ship, passing through the easterly arm of Lake Merritt and up Indian Gulch to the northeasterly boundary line of East Oakland Heights; thence southeasterly along last said boundary line to the center line of Thirteenth avenue; thence northeasterly along the center line of Thirteenth avenue, or County Road to Moraga Valley, to the south- 1350 hillyer's legal manual. eastern corner of the city of Piedmont ; thence northerly and westerly following the easterly and northerly boundary lines of the city of Pied- mont to the line dividing Brooklyn and Oakland townships; thence northeasterly along the last said township line to the boundary line of Alameda county; thence northwesterly along the county boundary line to the point of beginning. 16th. All that portion of the county of Alameda described as fol- lows, to wit : Beginning at a point where the northerly boundary line of the city of Berkeley intersects the northeasterly boundary line of the county of Alameda ; thence westerly along said northern boundary line of the city of Berkeley to a point where the same is coincident with the center line of Eunice street ; thence westerly along the center line of Eunice street to the center line of Milvia street ; thence south- erl.y along the center line of Milvia street to the center line of Adeline street; thence southerly along the center line of Adeline street to the northerly boundary line of the town of Emeryville; thence easterly, southerly and westerly, following the boundary line of the town of Emeryville to the center line of San Pablo avenue; thence southerly along the center line of San Pablo avenue to the center line of Broad- way; thence southerly along the center line of Broadway to the northern boundary line of Alameda township; thence westerly along the line dividing Alameda and Oakland townships to the western boundary line of the county of Alameda ; thence northerly along the said county boundary line to the northern boundary line of the county of Alameda; thence easterly following the northern boundary line of the county of Alameda to the point of beginning. 18th. All that portion of the city and county of San Francisco described as follows: Commencing at the point of intersection of Van Ness avenue and Market street, continuing thence along the center line of the following named streets, to wit: Market to the waters of the bay of San Francisco ; thence along the shore line northerly to Filbert street. Filbert to Leavenworth, Leavenworth to Broadway, Broadway to Van Ness avenue, Van Ness avenue to Market street, the place of beginning, together with all the waters of the bay of San Francisco and the islands contained therein, situated within the bound- aries of the city and county of San Francisco. 19th. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Maple and California streets, continuing thence along the center line of the following named streets: California to Baker, Baker to Pine. Pine to Laguna, Laguna to Sutter, Sutter street to Van Ness avenue. Van Ness avenue to Broadway, Broadway to Leavenworth, Leavenworth to Fil- bert, Filbert to the waters of the bay of San Francisco; thence along the shore line of said bay northerly and westerly to the waters of the Pacific ocean; thence along said shore line to Lobos creek where the same enters into the Pacific ocean ; thence along the line of said creek and the southerly boundary line of the Presidio Reservation to Maple street, Maple to California, the place of beginning. SENATORIAL DISTRICTS. 1351 20th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the intersection of Pine and Laguna streets, continuing thence along the center line of the follow- ing named streets: Laguna to O'Farrell, O'Farrell street to St. Joseph avenue, St. Joseph avenue to Turk, Turk to Baker, Baker to Oak street,. Oak street to Central avenue, Central avenue to Buena Vista avenue, Buena Vista avenue to Frederick street, Frederick to Clayton, Clayton street to Clarendon avenue, Clarendon avenue to Burnett avenue, Bur- nett avenue to Palo Alto avenue, Palo Alto avenue to the easterly line of the San Miguel rancho ; thence along said line northerly to a point opposite Seventeenth street; thence along said line of Seventeenth street, if extended, to Kirkham street, Kirkham street to Locksley avenue, Locksley avenue to the westerly line of San Miguel rancho ; thence along said line to Corbett avenue and Sloat boulevard; thence along said line of the Sloat boulevard to the waters of the Pacific ocean; thence along the shore line of said ocean northerly and easterly to Lobos creek; thence along the line of said creek and the southerly boundary line of the Presidio Reservation to Maple street, Maple to California, California to Baker, Baker to Pine, Pine to Laguna, the place of beginning, together with the islands known as the Farallon Islands. 21st. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of the center line of Twenty-first street with the center line of Dolores street ; thence along the center line of the following named streets, to wit : Twenty-first to San Carlos street, San Carlos street to Eighteenth street. Eighteenth street to Shotwell street, Shotwell street to Twenty-first street. Twenty-first street to Bryant avenue, Bryant avenue to Army street, Army street to Mission street. Mission street to Twenty-ninth street, Twenty-ninth street to Dolores street, Dolores street to point of beginning; and all that portion of the city and county of San 'Fran- cisco bounded as follows: Commencing at the point of intersection of Oak and Fillmore streets ; thence along the center line of the following named streets: Fillmore street to Duboce avenue, Duboce avenue to Church street, Church street to Twenty-first street. Twenty-first street to Dolores street, Dolores street to Twenty-second street, Twenty-second street to Grand View avenue, Grand View avenue to Dixie alley, Dixie alley to Burnett avenue, Burnett avenue to Corbett avenue, Corbett avenue to the westerly boundary line of the San Miguel rancho ; thence along the line of said San Miguel rancho northeasterly to Locksley avenue, Locksley avenue to Kirkham street; thence along the line of Kirkham street, if extended, easterly to a point in the easterly bound- ary line of the San Miguel rancho opposite Seventeenth street ; thence along said line southerly to Palo Alto avenue, Palo Alto avenue to Bur- nett avenue, Burnett avenue to Clarendon avenue, Clarendon avenue to Clayton street, Clayton street to Frederick street, Frederick street to Buena Vista avenue, Buena Vista avenue to Central avenue, Central avenue to Oak street. Oak street to Fillmore street, the place of begin- ning, and the following described portion of the city and county of 1352 HILLYER^S LEGAL MANUAL. San Francisco, to wit : Commencing at the point of intersection of the center line of Bryant avenue with the center line of Twenty-first street ; thence along the center line of the following named streets, to wit: Bryant avenue to Army street, Army street to Connecticut street, Con- necticut street to Twentieth street, Twentieth street to Bryant avenue, Bryant avenue to the point of beginning. 22d. All that portion of the city and county of San Francisco bounded as follows: Commencing at the intersection of Twenty-first street and Bryant avenue, continuing thence along the center line of the following named streets: Bryant avenue to Eleventh street, Eleventh to Market, Market street to Van Ness avenue, Van Ness avenue to Sutter street, Sutter street to Laguna, Laguna to O'Farrell, O'Farrell street to St. Joseph avenue, St. Joseph avenue to Turk street, Turk to Baker, Baker to Oak, Oak to Fillmore, Fillmore to Duboce avenue, Duboce avenue to Church street. Church street to Twenty-first street, Twenty-first street to San Carlos street, San Carlos street to Eighteenth street. Eighteenth street to Shotwell street, Shotwell street to Twenty-first street, Twenty-first street to Bryant avenue, the place of beginning. 23'd. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of the center line of Market street with the center line of Eleventh street; thence along the center line of the following named streets, to wit: Eleventh street to Bryant avenue, Bryant avenue to Twentieth street, Twentieth street to the bay of San Francisco; thence northerly along the shore line of said bay to its intersection with the center line of Market street; thence along the center line of Market street to the point of beginning, and the following described portion of the city and county of San Francisco : Commencing at the point of intersection of the center line of Twentieth street with the center line of Connecticut street'; thence along the center line of the following named streets, to wit : Connecticut street to Army street, Army street to San Bruno avenue, San Bruno avenue to the boundary line between the city and county of San Francisco and the county of San Mateo ; thence easterly along said boundary line to the shore line of the bay of San Francisco ; thence northerly along said shore line to its intersection with the center line of Twentieth street; thence along the center line of Twentieth street to the point of beginning. 24th. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Dolores and Twenty-ninth streets ; thence along the center line of the following named streets, to wit : Twenty-ninth to Mission, Mission to Army, Army to San Bruno avenue, San Bruno avenue to the boundary line dividing the city and county of San Francisco and the county of San Mateo ; thence along said boundary line westerly to San Jose avenue, San Jose avenue to Dolores street, Dolores street to Twenty-ninth street, the place of beginning ; and all that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Twenty-second and Dolores streets ; thence along the center line of SENATORIAL DISTRICTS. 1353 the following named streets: Dolores street to San Jose avenue, San Jose avenue to the boundary line dividing the city and county of San Francisco and the county of San Mateo; thence along said boundary line westerly to the intersection of the waters of the Pacific ocean; thence along the shore line of said ocean northerly to the Sloat boule- vard ; thence along Sloat boulevard to Corbett avenue, Corbett avenue to Burnett avenue, Burnett avenue to Dixie alley, Dixie alley to Grand View avenue, Grand View avenue to Twenty-second street, Twenty- second to Dolores street, the place of beginning. 27th. All that portion of the county of Santa Clara not included in the twenty-eighth senatorial district. 28th. All that portion of the county of Santa Clara embraced within the following precincts, as constituted at the general election in nine- teen hundred and ten, to wit : Agnews, that part of Alameda precinct lying north of the center line of Park avenue, Alviso, Berryessa, Bur- bank, that part of Crandalville precinct number one lying outside of the city limits of the city of San Jose, as established in 1911, Cupertino, East San Jose number two, Fremont, Jefferson, Mayfield, Milpitas num- bers one and two. Mountain View numbers one and two. Mount Hamil- ton, Orchard, Palo Alto numbers one, two, three, four and five, Puris- sima, San Jose numbers one, two, three, four, five, six, seven, eight, nine, ten, eleven and twelve, Santa Clara numbers one, two, three and four, Saratoga, Stanford, Stockton, Sunnyvale numbers one and two, and University numbers one and two. 29th. All that portion of the county of Los Angeles bounded as follows : Commencing at the intersection of the north patent boundary line of the city of Los Angeles with the center line of the Los Angeles river; thence southeasterly and southerly along the center line of the Los Angeles river and the center line of the official bed of the Los Angeles river to its intersection with the center line of North Broad- way from the east ; thence along the center line of the following named streets, to wit : North Broadway to Daly street, Daly street to Mission road. Mission road to Gallardo street, Gallardo street to Macy street, Macy street to Brooklyn avenue, Brooklyn avenue to Pleasant avenue. Pleasant avenue to First street. First street to Pecan street. Pecan street to Fifth street. Fifth street to Gless street, Gless street to Sixth street. Sixth street and its extension westerly along the line of assembly district number sixty-five, as designated and constituted by section ninety of the Political Code, to the center line of the official bed of the Los Angeles river; thence southerly along the line last mentioned and the prolongation thereof to the south boundary line of the city of Los Angeles; thence westerly along the line last mentioned to the center line of Alameda street, Alameda street to Twentieth street. Twentieth street to Compton avenue, Compton avenue to Twenty-first street, Twenty-first street to Central avenue. Central avenue to Twenty-first street from the west. Twenty -first street to Maple avenue, Maple avenue to Eleventh street, Eleventh street to Wall street. Wall street to Fifth street. Fifth street to Hill street. Hill street to Temple street, Temple street to Hill street, Hill street to Sunset boulevard, Sunset boulevard 1354 uillyer's legal manual. to Hill street, Hill street to Alpine street, Alpine street to Cleveland street, Cleveland street to College street. College street to Adobe street, Adobe street to Look Out Drive, Look Out Drive to Park Terrace, Park Terrace to Sunset boulevard, Sunset boulevard to Echo Park avenue, Echo Park avenue and the prolongation thereof to the north patent boundary of the city of Los Angeles ; thence easterly along the line last mentioned to the place of beginning. 31st. All that portion of the county of Los Angeles embraced within and comprising the seventy-first and seventy-second assembly districts. 33d. All that portion of the county of Los Angeles embraced within and comprising the sixty-eighth and seventieth assembly districts. 34th. All that portion of the county of Los Angeles embraced within and comprising the sixty-second assembly district, all that portion of said county bounded as follows: Commencing at the intersection of the center line of Washington street and Hoover street, in the city of Los Angeles; thence along the center line of the following named streets, to wit: Hoover street to Pico street, Pico street to Hoover street. Hoover street to Carondelet street, Carondelet street to Ninth street, Ninth street to Hoover street. Hoover street to Seventh street, Seventh street to Vermont avenue, Vermont avenue to Melrose avenue, Melrose avenue to the west patent boundary line of said city; thence north along said patent boundary line to the northwest corner of said city as described in the United States patent ; thence east along the north patent boundary of said city to the easterly line of that portion of Tropico precinct number two annexed to said city prior to November 1, 1911 ; thence northwesterly, westerly and southerly following the exterior lines of those portions of Tropico precincts numbers one and two, and of Ivanhoe precinct so annexed to said city, to the north line of the former city of Hollywood, the same being a point in the present north boundary line of the city of Los Angeles ; thence follow- ing the boundary line of said city of Los Angeles westerly, southerly, westerly, southerly, westerly, southerly, easterly, southerly, easterly and southerly to the center line of Washington street; thence east along said center line to the point of beginning. 35th. All that portion of the county of Los Angeles embraced within and comprising the sixty-sixth and sixty-ninth assembly districts. 36th. All that portion of the county of Los Angeles embraced within and comprising the sixty-seventh assembly district as designated and constituted by section ninety of the Political Code, and all that portion of said county embraced within and comprising the sixty-first assembly district, as so designated and constituted, excepting therefrom that por- tion of said sixty-first assembly district situate within the city of Los Angeles and lying west of the following described lines, to wit: Beginning at the intersection of the north patent boundary line of said city with the center line of the Los Angeles river; thence south- easterly and southerly along the center line of the Los Angeles river and the center line of the official bed of the Los Angeles river to its intersection with the center line of North Broadway from the east. SENATORIAL DISTRICTS. 1355 37th. All that portion of the county of Los Angeles described as follows: Beginnin^^ at the intersection of the center lines of Wall street and Fifth street, in the city of Los Angeles; thence along the center line of the following named streets, to wit: Fifth street to Hill street, Hill street to Temple street, Temple street to Hill street, Hill street to Sunset boulevard, Sunset boulevard to Hill street. Hill street to Alpine street, Alpine street to Cleveland street, Cleveland street to College street. College street to Adobe street, Adobe street to Look Out Drive, Look Out Drive to Park Terrace, Park Terrace to Sunset boulevard. Sunset boulevard to Echo Park avenue. Echo Park avenue and the prolongation thereof to the north patent boundary line of the city of Los Angeles; thence west along said boundary line to the northwest corner of said city as described in the United States patent; thence south along the west patent boundary line of said city to the center line of Melrose avenue; thence along the center line of the following named streets, to wit: Melrose avenue to Vermont avenue, Vermont avenue to Seventh street. Seventh street to Hoover street, Hoover street to Ninth street, Ninth street to Blaine street, Blaine street to Tenth street, Tenth street to Georgia street, Georgia street to Ottawa street, Ottawa street to Figueroa street, Figueroa street to Eleventh street. Eleventh street to Wall street, Wall street to Fifth street, the place of beginning. 38th. All that portion of the county of Los Angeles bounded as follows : Beginning at the intersection of the center line of Maple street and Eleventh street, in the city of Los Angeles ; thence along the center line of the following named streets, to w^it : Eleventh street to Figueroa street, Figueroa street to Ottawa street, Ottawa street to Georgia street, Georgia street to Tenth street. Tenth street to Blaine street, Blaine street to Ninth street. Ninth street to Carondelet street, Carondelet street to Hoover street. Hoover street to Pico street, Pico street to Hoover street. Hoover street to Jefferson street, Jefferson street to Figuerpa street, Figueroa street to Vernon avenue, Vernon avenue to McKinley avenue or the northerly prolongation of McKinley avenue from the south, McKinley avenue and said prolongation to Fifty-first street, Fifty-first street to Central avenue, Central avenue to Fifty-first street. Fifty-first street to Hooper avenue. Hooper avenue to Fifty-first street, Fifty-first street and the easterly prolongation thereof to a point in the easterly boundary line of the city of Los Angeles ; thence in a northerly direction along said boundary line to the southerly charter boundary line of the city of Los Angeles where the same intersects the center line of Alameda street, Alameda street to Twentieth street, Twentieth street to Compton avenue, Compton avenue to Twenty-first street. Twenty-first street to Cntral avenue. Central avenue to Twenty- first street from the west ; Twenty-first street to Maple avenue, Maple avenue to Eleventh street the place of beginning. 1356 ASSEMBLY DISTRICTS. (For Districts not included below, see map at end of volume.) 12th. All that portion of the county of Sonoma comprising the fol- lowing election precincts of nineteen hundred and ten, to wit: Bloom- field, Blucher, Bodega, Cazadero, Cotati, Dry Creek, Duncan's Mills, Forestville, Freestone, Graton, Healdsburg City numbers one to four inclusive, Healdsburg Road, Lakeville, Magnolia, Marin, Mendocino, Molino, Occidental, Pennsgrove, Petaluma numbers one to seven in- clusive. East Redwood, West Redwood, Sebastopol numbers one and two, Skagg's Spring, Stewart's Point, Table Mountain, Timber Cove, Valley Ford, and Wilson. 13th. All that portion of the county of Sonoma not embraced in the twelfth assembly district. 14th. All that portion of the county of Sacramento, composed of that part of the city of Sacramento, lying north of the center of ''K" street, and east of the center of Thirty-first street, and all that portion of said Sacramento county included within the boundaries of ''Amer- ican Township," "Brighton Township," "Center Township," "Gran- ite Township," "Mississippi Township," "Natoma Township," and "Sutter Township," as said townships existed on the first day of January, 1911, shall constitute the fourteenth assembly district. 15th. All that portion of the county of Sacramento not included in the fourteenth assembly district shall constitute the fifteenth assembly district. 19th. All that portion of the county of San Joaquin not included in the twentieth district. 20th. All that portion of the county of San Joaquin comprising the city of Stockton. 21st. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of" the center line of Market street w4th the center line of Eleventh street; thence along the center line of the following named streets, to wit: Eleventh street to Bryant avenue, Bryant avenue to Twentieth street. Twentieth street to the waters of the bay of San Francisco ; thence northerly along the shore line of said bay to its intersection with the center line of Market street; thence along the center line of Market street to the point of beginning. 22d. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of the center line of Twentieth street with the center line of Bryant avenue, continuing thence along the center line of the following named streets, to wit : Bryant avenue to Army street, Army street to San Bruno avenue, San Bruno avenue to the boundary line betw^een the city and county of San Francisco and the county of San Mateo ; thence easterly along said boundary line to the bay of San Francisco ; thence northerly along the shore line of the bay of San Francisco to its intersection ASSEMBLY DISTRICTS. 1357 with the center line of Twentieth street; thence along ^he center line of Twentieth street to the point of beginning. 23d. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection ol Dolores and Twenty-ninth streets; thence along the center line of the following named streets, to wit : Twenty-ninth to Mission, Mission to Army, Army to San Bruno avenue, San Bruno avenue to the boundary line dividing the city and county of San Francisco and the county of San Mateo; thence along said boundary line westerly to the center line of San Jose avenue; thence along the center lines of the following named streets, to wit: San Jose avenue to Dolores street, Dolores street to Twenty-ninth street, the place of beginning. 24th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Twenty-second and Dolores streets, thence along the center line of the following named streets, to wit : Dolores to San Jose avenue, San Jose avenue to the boundary line dividing the city and county of San Francisco and the county of San Mateo, thence along said boundary line, westerly, to the waters of the Pacific ocean; thence along the shore line of said ocean northerly, to the Sloat boulevard ; thence along the center lines of the following named streets, to wit : Sloat boulevard to Cortett avenue, Corbett avenue to Burnett avenue, Burnett avenue to Dixie alley, Dixie alley to Grand View avenue. Grand View avenue to Twenty-second street, Twenty-second street to Dolores, the place of beginning. 25th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Eighteenth street and Dolores street, continuing along the center lines of the following named streets, to wit : Dolores to Twenty-ninth, Twenty-ninth to Mission, Mission to Army, Army to Bryant avenue, Brj^ant avenue to Eighteenth street, Eighteenth to Harrison, Harrison to Eighteenth, Eighteenth to Dolores, the point of commencement. 26th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Mc- Allister and Fillmore streets, continuing thence along the center line of the following named streets, to wit: Fillmore street to Duboce avenue, Duboce avenue to Church street. Church street to Eighteenth, Eighteenth to Dolores, Dolores to Twenty-second, Twenty-second to Grand View avenue, Grand View avenue to Dixie alley, Dixie alley to Burnett avenue, Burnett avenue to Clarendon avenue. Clarendon avenue to Clayton street, Clayton to Ashbury, Ashbury to Piedmont. Piedmont to Masonic avenue, Masonic avenue to Java street, Java street to Buena Vista avenue, Buena Vista avenue to Central avenue, Central avenue to Oak street. Oak street to Masonic avenue, Masonic avenue to McAllister street, McAllister street to Fillmore street, the place of beginning. 27th. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Fulton street and Masonic avenue ; thence along the center line of the following 1358 hillyer's legal manual. named streets, to wit: Masonic avenue to Oak street, Oak street to Central avenue, Central avenue to Buena Vista avenue, Buena Vista avenue to Java street, Java street to Masonic avenue, Masonic avenue to Piedmont street. Piedmont street to Ashbury street, Ashbury street to Clayton street, Clayton street to Clarendon avenue. Clarendon avenue to Burnett avenue, Burnett avenue to Corbett avenue, Corbett avenue to Sloat boulevard, Sloat boulevard to the waters of the Pacific ocean; thence along the shore line of said ocean northerly to Fulton street, Fulton street to Masonic avenue, the place of beginning. 28th. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Fulton street and Parker avenue, thence along the center line of the following named streets, to wit: Parker avenue to California street, California street to Maple avenue, Maple avenue to the southerly line of the Presidio Reservation; thence westerly along the southerly boundary of the Presidio Reservation to Lobos creek; thence along the center line of Lobos creek to the waters of the Pacific ocean ; thence westerly and southerly along the said shore line to Fulton street, Fulton street to Parker avenue, the point of beginning, together with the islands known as the Farallon islands. 29th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Mc- Allister street and Van Ness avenue, thence along the center lines of the following named streets, to wit : Van Ness avenue to Market street, Market street to Eleventh street, Eleventh street to Bryant avenue, Bryant avenue to Eighteenth street, Eighteenth street to Harrison street, Harrison street to Eighteenth street. Eighteenth street to Church street. Church street to Duboce avenue, Duboce avenue to Fillmore street, Fillmore street to McAllister street, McAllister street to Van Ness avenue, the place of beginning. 30th. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Pine street and Van Ness avenue, thence along the center line of the fol- lowing named streets, to wit : Van Ness avenue to McAllister street, McAllister to Masonic avenue, Masonic avenue to Fulton street, Fulton street to Parker avenue, Parker avenue to California street, California street to Presidio avenue, Presidio avenue to Pine street, Pine street to Van Ness avenue, the point of beginning. 31st. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Pine street and Van Ness avenue, thence along the center line of the follow- ing named streets, to wit: Van Ness avenue to the bay of San Fran- cisco, thence along the shore line of said bay to the waters of the Pacific ocean ; thence along the shore line of said ocean to Lobos creek ; thence along the line of said Lobos creek to the southerly boundary line of Presidio Reservation ; thence along said boundary line to Maple street. Maple street to California street, California street to Presidio avenue, Presidio avenue to Pine street, Pine street to Van Ness avenue, the point of beginning. ASSEMBLY DISTRICTS. 1359 32d. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of intersection of Van Ness avenue and Market street, continuing along the center line of the following named streets, to wit: Van Ness avenue to the waters of the bay of San Francisco; thence easterly along the shore line of said bay to Jones street, Jones street to Green street, Green street to Mason street, Mason street to Ellis street, Ellis street to Jones street, Jones street to Market street. Market street to Van Ness avenue, the point of beginning. 33d. All that portion of the city and county of San Francisco bounded as follows : Commencing at the point of intersection of Market street and Jones street, continuing thence along the center line of the following named streets, to wit : Jones to Ellis, Ellis to Mason, Mason to Green, Green to Jones, Jones to the waters of the bay of San Fran- cisco; thence easterly along the shore line of said bay to Market street, Market street to Jones street, the point of beginning and the islands of the bay of San Francisco within the city and county of San Fran- cisco. 34th. All of that portion of the county of Alameda lying easterly of a line described as follows: Beginning at a point where the bound- ary line between Eden and Alameda townships intersects the westerly boundary line of Alameda county; thence easterly and northerly along the boundary line of Alameda township to the line dividing Brooklyn and Eden townships; thence easterly along the boundary line between Eden and Brooklyn townships to the southwesterly boundary line of the town of San Leandro; thence northerly and easterly along said boundary line to the center of East Fourteenth street; thence north- westerly following along the center line of East Fourteenth street 10 the center line of Moss avenue, in the city of Oakland ; thence north- easterly along the center line of Moss avenue and a direct extension uf said center line to the northeasterly boundary line of the city of Oakland ; thence following the said northeasterly boundary line of the city of Oakland in a northwesterly direction to its intersection with the northeasterly boundary line of the county of Alameda. 35th. All that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point w^here the boundary line between Eden and Alameda townships intersects the westerly boundary line of the county of Alameda ; thence in an easterly and northerly direc- tion along the boundary line of Alameda township to the line dividing Brooklyn and Eden townships; thence in an easterly direction along the boundary line between Eden and Brooklyn townships to the south- westerly boundary line of the town of San Leandro ; thence northerly Hud easterly following the said town line to the center line of East Fourteenth street ; thence northwesterly following the center line of East Fourteenth street and an extension of the same to its inter- section with the line dividing Brooklyn and Oakland townships, said point being in Lake Merritt; thence southwesterly along said town- ship line to its intersection with the northerly boundary line of Alameda township; thence westerly following along the said northerly boundary 1360 hillyer's legal manual. line of Alameda township to its intersection with the westerly boundary- line of Alameda county ; thence southeasterly along said county bound- ary line to the point of beginning. 36th. All of that portion of the county of Alameda described as follows, to wit: Beginning at a point where the center line of Thir- teenth avenue is intersected by the center line of East Fourteenth street, in the city of Oakland; thence northwesterly along the center line of East Fourteenth street and an extension of said center line to a point where the same intersects the westerly boundary line of Brooklyn township, in Lake Merritt ; thence northeasterly following along the boundary line between Brooklyn and Oakland townships to the southerly boundary line of the city of Piedmont ; thence east- erl}', northerly and westerly following the said boundary line of the city of Piedmont to the line dividing Oakland and Brooklyn town- ships ; thence "northeasterly along said dividing line between Oakland and Brooklyn townships to its intersection with the northeasterly boundary line of the city of Oakland; thence southeasterly following said city boundary line to a point where the same would be intersected by a direct extension northeasterly of the center line of Moss avenue ; thence southwesterly along said extension and along the center line of Moss avenue to the center line of East Fourteenth street; thence northwesterly along the center line of East Fourteenth street to the center line of Thirteenth avenue and the point of beginning. 37th. All of that portion of the county of Alameda, described as follows, to w^t : Beginning at a point w^here the center line of Broad- way is intersected by the center line of Thirteenth street, in the city of Oakland; thence southeasterly along the center line of Thirteenth street and a direct extension of said center line to its intersection w^ith the line dividing Brooklyn and Oakland townships ; thence north- easterly following along the line dividing Brooklyn and Oakland townships to a point in the southerly boundary line of the city of Piedmont ; thence easterly, northerly and westerly, following the southern, eastern and northern boundary line of the city of Piedmont to its intersection with the eastern boundary line of the city of Oak- land, as the same existed prior to the annex of 1909 ; thence north- westerly along the easterly boundary line of the city of Oakland, as the same existed prior to the annex of 1909, to its intersection with the center line of Broadway ; thence southerly along the center line of Broadway to the center line of Fifty-first, or Vernon street; thence westerly following along the center line of Fifty-first street to the center line of Shattuck avenue; thence southerly along the center line of Shattuck avenue to the center line of Temescal creek; thence w^esterly down the center of Temescal creek to the center of Grove street; thence southerly along the center of Grove street to the center of San Pablo avenue; thence southerly along the center of San Pablo avenue to the center of Broadway; thence southerly along the center of Broadway to the center of Thirteenth street, and point of beginning. 38th. All of that portion of the county of Alameda described as follows, to wit: Beginning at a point where the center line of Adeline ASSEMBLY DISTRICTS. 1361 street is intersected by the center line of Twenty-second street in the city of Oakland ; thence easterly along the center line of Twenty-second street to the center line of Grove street; thence southerly along the center line of Grove street to the center line of San Pablo avenue; thence southerly along the center line of San Pablo avenue to the center line of Broadway; thence southerly along the center line of Broadway to the center line of Thirteenth street; thence easterly along the center line of Thirteenth street and a direct extension of said center line to its intersection with the line dividing Brooklyn and Oakland townships; thence southerly along the line dividing Oakland and Brooklyn townships to the line dividing Oakland and Alameda town- ships; thence westerly along the line dividing Oakland and Alameda townships to a point where a direct extension of the center line of Adeline street would intersect the same; thence northerly along said extension and along the center line of Adeline street to the point of beginning. 39th. All of that portion of the county of Alameda described as follows, to wit : Beginning at a point where the center line of Adeline street is intersected by the center line of Twenty-second street in the city of Oakland; thence easterly along the center line of Twenty- second street to the center line of Grove street ; thence northerly along the center line of Grove street to the center of Temescal creek ; thence westerly down the center of Temescal creek to the town of Emery- ville ; thence westerly and northerly following the boundary line of the town of Emeryville to the southerly boundary line of the city of Berkeley; thence westerly along the southerly boundary line of the city of Berkeley and a direct extension of same to its intersection with the westerly boundary line of Alameda county; thence southerly along the westerly boundary line of Alameda county to its intersec- tion with the line dividing Oakland and Alameda townships; thence easterly along the line dividing Oakland and Alameda townships to a point where a direct extension of the center line of Adeline street would intersect the same; thence northerly along said extension and along the center line of Adeline street to the center line of Twenty- second street and the point of beginning. 40th. All of that portion of the county of Alameda described as follows, to wit: Beginning at a point where the easterly boundary line of the town of Emeryville is intersected by the southerly boundary line of the city of Berkeley; thence southerly and easterly along the boundary line of the town of Emeryville to a corner thereof, the same being in the center of Temescal creek; thence up the center of Tem- escal creek to the center line of Shattuck avenue; thence northerly along the center line of Shattuck avenue to the center line of Russell street; thence westerly along the center line of Russell street to the center line of Milvia street ; thence northerly along the center line of Milvia street to the center line of Codornices creek; thence westerly down the center line of Codornices creek to the easterly boundary line of the town of Albany ; thence northerly along the easterly boundary ■86 1362 line of the town of Albany to the northern boundary of the county of Alameda ; thence westerly and southerly along the northern and west- ern boundary line of the county of Alameda to a point where said boundary line would be intersected by a direct extension westerly of the southerly boundary line of the city of Berkeley; thence easterly along said extension and along the southerly boundary line of the city of Berkeley to the point of beginning. 41st. All of that portion of the county of Alameda described as follows, to wit : Beginning at a point where the center line of Shattuck avenue is intersected by the center line of Fifty-first street or Vernon street, in the city of Oakland; thence easterly along the center line of Fifty-first or Vernon street to the center line of Broadway ; thence northeasterly along the center line of Broadway to its intersection with the northeasterly boundary line of the city of Oakland, as the same existed prior to the annex of 1909 ; thence southeasterly along said boundary line of the city of Oakland as the same existed prior to the annex of 1909 to its intersection with the northerly boundary line of the city of Piedmont ; thence easterly following the northerly boundary line of the city of Piedmont to its intersection with the boundary line dividing Brooklyn and Oakland townships; thence northeasterly along the line dividing Brooklyn and Oakland townships to its intersection w4th the northeasterly boundary line of Alameda county; thence northwesterly and westerly following along the county boundary line to its intersection with the easterly boundary line of the town of Albany ; thence southerly along the easterly boundary line of the town of Albany to its intersection with the center of Codornices creek; thence easterly up the center of Codornices creek to its inter- section with the center line of Milvia street; thence southerly along the center line of Milvia street to the center line of Russell street; thence easterly along the center line of Russell street to the center line of Shattuck avenue; thence southerly along the center line of Shattuck avenue to the center line of Fifty-first or Vernon street and the point of beginning. 44th. All that portion of the county of Santa Clara not included in the forty-fifth assembly district shall constitute the forty-fourth assembly district. 45th. All that portion of the county of Santa Clara embraced within the following precincts, as constituted as the general election in 1910, to wit : Agnew, that part of Alameda precinct lying north of the center line of Park avenue, Alviso. Berryessa, Burbank, that part of Crandal- ville precinct number one lyins: outside of the city limits of the city of San Jose, as established in 1911, Cupertino, East San Jose number two, Fremont, Jefferson, Mayfleld, Milpitas (numbers one and two), Mountain View (numbers one and tw^o). Mount Hamilton, Orchard, Palo Alto (numbers one to five, inclusive), Purissima, San Jose (numbers one to twelve, inclusive). Santa Clara (numbers one to four. Inclusive), Saratoga, Stanford, Stockton, Sunnyvale (numbers one and two), and University (numbers one and two), shall constitute the forty- fifth assemblv district. ASSEMBLY DISTRICTS. 1363 50th. All that portion of the county of Fresno comprising the pre- cincts of Black Mountain, Balfour. Barstow, Bryant, Cantua, Central Colony, Coalinga No. 1, Coalinga No. 2, Coalinga No. 3, Coalinga No. 4, Coalinga No. 5, Crescent, Chicago, Fresno County, Fowler, Firebaugh, Houghton, Huron, Iowa, Jameson, Kerman, Kingsburg, Layton, Laguna, Liberty, Lewis Creek, Lucern, Madison, Mendota, Monroe, New Hope, Oleander, Panoche, Pleasant Valley, Terry, Washington Colony, Wild- flower, Wartham, and West Park. 51st. All that portion of the county of Fresno included in and com- prising Fresno City precincts numbered one to twenty-five, both inclusive, and the precincts of Hedges, Belmont, Arlington and East Fresno. 52d. All that portion of the county of Fresno not included in the fiftieth and fifty-first assembly districts. 57th. All that portion of the county of San Bernardino now com- prised within the following townships, to wit : Chino, Ontario, Upland, Cucamonga, Etiwanda, San Bernardino, Hesperia, Oro Grande, and Barstow. 58th. All that portion of the county of San Bernardino not in- cluded within the fifty-seventh assembly district. 61st. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit : La Liebre, Del Sur, Lan- caster, Palmdale, Acton, Newhall, San Fernando, Chatsworth, Cala- basas, Lankershim, La Canada, Sunland, Burbank, Glendale City, Eagle Rock, Annandale, Hermon, that part of Ivanhoe and of Tropico numbers one and two not included within the city of Los Angeles, as the boundaries of said city existed November 1, 1911, and the follow- ing described portion of the city of Los Angeles: Beginning at the northeast corner of said city as described in the United States patent; thence following the exterior boundary line of said city as the same existed November 1, 1911, north, northeasterly, easterly, northerly and easterly in a general northeasterly direction to the extreme north- eastern corner of said city; thence along the north line of said city west, southwest and southerly following such exterior boundary line of said city to the north patent bound arj^ thereof; thence along the same west to the center line of Alvarado street ; thence along the center line of the following named streets, to- wit: Alvarado street to • Sunset boulevard. Sunset boulevard to Park Terrace, Park Terrace to Look Out Drive, Look Out Drive to Adobe street, Adobe street to Bernardo street, Bernardo street to North Broadway, North Broadway (crossing the official bed of the Los Angeles river) to Daly street. Daly street to Pasadena avenue, Pasadena avenue to Avenue Thirty- five, Avenue Thirty-five to Griffin avenue, Griffin avenue and its ex- tension to the north patent boundary line of said city; thence east along said line to the place of beginning. 62d. All that portion of the county of Los Angeles included within and comprising the following election precincts of nineteen hundred ten, to wit : Redondo Beach City numbers one and two, Hermosa Beach 1364 City, Wiseburn, Inglewood City, Freeman, Del Rey, Ocean Park City numbers one, two and three, Moneta, Howard, Ballona, Cienega, Santa Monica City numbers one, two, three, four, five, six, seven, eight and nine, Malibu, National Military Home numbers one, two, three, four, five, and six, Sawtelle City numbers one, two and three, and Sherman. 63d. All that portion of the county of Los Angeles bounded as follows : Commencing at the intersection of the center lines of Washington and Hoover streets, in the city of Los Angeles ; thence along the center line of the following named streets, to wit: Hoover street to Pico street, Pico street to Hoover street. Hoover street to Carondelet street, Carondelet street to Ninth street. Ninth street to Hoover street, Hoover street to Benton boulevard, Benton boulevard to Sixth street, Sixth street to Hoover street. Hoover street to Occidental boulevard. Occidental boule- vard to First street, First street to Occidental boulevard, Occidental boulevard to Sunset boulevard. Sunset boulevard to Alvarado street, Alvarado street to the north patent boundary of said city; thence along the same east to the easterly line of that portion of Tropico precinct number two annexed to said city prior to November 1, 1911; thence northwesterly, westerly and southerly, following the exterior lines of those portions of Tropico precincts numbers one and two, and of Ivanhoe precinct, so annexed to said city, to the north line of the former city of Hollywood, the same being a point in the present north boundary line of the city of Los Angeles; thence following the boundary line of said city of Los Angeles westerly, southerly, westerly, southerly, westerly, southerly, easterly, southerly, easterly and south- erly to the center line of Washington street; thence east along said center line to the point of beginning. 64th. All that portion of the county of Los Angeles bounded as follows: Commencing at the intersection of Hill and Seventh streets, in the city of Los Angeles ; thence along the center line of the folloAving named streets, to wit: Hill street to Temple street. Temple street to Hill street, Hill street to Sunset boulevard, Sunset boulevard to Hill street. Hill street to Alpine street, Alpine street to Cleveland street^ Cleveland street to College street. College street to Adobe street, Adobe street to Look Out Drive, Look Out Drive to Park Terrace, Park Terrace to Sunset boulevard, Sunset boulevard to Occidental boulevard, Occidental boulevard to First street. First street to Occidental boule- vard. Occidental boulevard to Hoover street. Hoover street to Sixth street. Sixth street to Benton boulevard, Benton boulevard to Hoover street. Hoover street to Seventh street. Seventh street to Hill street^ the point of beginning. 65th. All that portion of the county of Los Angeles bounded as fol- lows : Commencing at the intersection of the center lines of North Broadway and Daly street, in the city of Los Angeles; thence along the center lines of the following named streets, to wit : North Broad- way (crossing the official bed of the Los Angeles river) to Bernardo . street, Bernardo street to Adobe street, Adobe street to College street. College street to Cleveland street, Cleveland street to Alpine street, Alpine street to Hill street. Hill street to Sunset boulevard. Sunset ASSEMBLY DISTRICTS. 1365 boulevard to Hill street, Hill street to Temple street, Temple street to Hill street, Hill street to Fifth street, Fifth street to Central avenue, Central avenue to Sixth street, Sixth street and its easterly extension to the intersection with the center line of Gless street, Gless street to Fifth street, Fifth street to Pecan street. Pecan street to First street, First street to Pleasant avenue, Pleasant avenue to Brooklyn avenue, Brooklyn avenue to Macy street, Macy street to Gallardo street, Gal- lardo street to Mission road, Mission road to Daly street, Daly street to North Broadway, the point of beginning. 66th. All that portion of the county of Los Angeles bounded as follows: Commencing at the northeastern corner of the city of Los Angeles, as the same is described in the United States patent; thence westerly alojig the northern patent boundary line of said city to the center line of Griffin avenue, or the northerly prolongation thereof; thence along the northerly prolongation of said center line and along the center line of the following named streets, to wit: Griffin avenue to Avenue 35, Avenue 35 to Pasadena avenue, Pasadena avenue to Daly street, Daly street to Mission Road, Mission Road to Gallardo street, Gallardo street to Macy street, Macy street to Brooklyn avenue, Brooklyn avenue to Pleasant avenue. Pleasant avenue to First street. First street to Pecan street, Pecan street to Fifth street. Fifth street to Gless street, Gless street to Sixth street. Sixth street and its extension westerly, along the line of assembly district number sixty-five, as con- stituted and designated by this section, to the center line of the official bed of the Los Angeles river ; thence southerly along said center line and its southerly prolongation to the south boundary of said city; thence east along said boundary line to the southeastern corner of said city; thence north along the east line of said city to the point of beginning. 67th. All that portion of the county of Los Angeles included within and comprising the following election precincts of nineteen hundred ten, to wit: Pasadena City numbers one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, six- teen, seventeen, eighteen, nineteen, twenty, twenty-one, . twenty-two and twenty-three, and Altadena. 68th. AH that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit : Claremont City, La Verne, Lordsburg City, San Dimas, Pomona City numbers one, two, three, four, five and six, Spadra, Azusa, Azusa City, Glendora, Covina, Covina City, Rowland, Rivera, Los Nietos, Whittier City numbers one, two, three, and four, and all of El Monte precinct except that portion thereof lying north of the westerly prolongation of the south line of Santa Anita precinct and except that portion thereof lying west of the line dividing ranges eleven and twelve west, in township one south, San Bernardino base and meridian. 69th. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit : Monrovia City numbers one, 1366 two and three, Diiarte, Arcadia City numbers one and two, Sierra Madre City, Lamanda numbers one and two, Santa Anita, San Gabriel, Alhambra City numbers one, two and three, South Pasadena City numbers one, two and three, Baird, Belvidere numbers one and two, Montebello, Lagjuna, Fruitland, Vernon City, Huntino^ton Park City numbers one and two, that part of the precincts of Miramonte and Florence lying east of the center line of the right of way of the Long Beach line of the Pacific Electric Railway Company, and that part of the precinct of El Monte lying north of the westerly prolongation of the southerly line of Santa Anita precinct and also that part of said precinct of El Monte lying west of the line dividing ranges eleven and twelve west, in township one south, San Bernardino base and meridian, shall constitute the sixty-ninth assembly distri(it. 70th. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit: Long Beach City numbers one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen and nineteen, Naples, Alamitos, Cerritos, Artesia, Norwalk, La Mirada, East Whit- tier, Downey numbers one and two, Clearwater, Willowbrook, Domin- guez. Watts City, Compton City, and that part of Wilmington precinct which was annexed to the cit}^ of Long Beach prior to November 1, 1911, shall constitute the seventieth assembly district. 71st. All that portion of the county of Los Angeles included wdthin and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit: Catalina, Lomita, Green Meadows, Gardena numbers one and two, all of Wilmington precinct, except the part which was prior to November 1, 1911, annexed to the city of Long Beach, that part of the precincts of Miramonte and Florence lying west of the center line of the right of way of the Long Beach line of the Pacific Electric Railway Company, and Los Angeles City precincts numbers one hundred ninety-two, one hundred ninety- three, one hundred ninety-four, one hundred ninety-seven, one hundred ninety-eighty, one hundred ninety-nine, two hundred, two hundred four, two hundred five, two hundred six, two hundred seven, two hundred eight, two hundred eleven, two hundred thirteen, two hundred eighteen, two hundred nineteen, two hundred twenty-three, two hundred twenty- four, two hundred twenty-five, two hundred twenty-six, two hundred twenty-seven, two hundred twenty-eight, two hundred twenty-nine and two hundred thirty, shall constitute the seventy-first assembly district. 72d. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of nineteen hundred ten, to wit : Los Angeles City numbers one hundred sixty-eight, one hundred sixty-nine, one hundred seventy, one hundred seventy-one, one hundred seventy-two, one hundred seventy-three, one hundred seventy-four, one hundred seventy-five, one hundred seventy-six, one hundred seventy-eight, one hundred seventy- nine, one hundred eighty, one hundred eighty-one, one hundred eighty- ASSEMBLY DISTRICTS. 1367 two, one hundred eighty-three, one hundred eighty-four, one hundred eighty-five, one hundred eighty-six, one hundred eighty-seven, one hundred eighty-eight, one hundred eighty-nine, one hundred ninety, one hundred ninety-one, that part of Los Angeles City precinct number one hundred fifty-seven lying south of the center line of Jefferson street, and all of Los Angeles City precinct number one hundred seventy-seven, except that portion thereof bounded by the west patent boundary line of the city of Los Angeles, the center line of Hoover street (formerly Kingsley street) and the center line of West Jefferson street. 73d. All that portion of the county of Los Angeles bounded as follows: Commencing at the intersection of Main and Washington street, in the city of Los Angeles ; thence along the center line of the following named streets, to wit : Main street to Jefferson street, Jef- ferson street to Figueroa street, Figueroa street to Vernon avenue, Vernon avenue to McKinley avenue, or the northerly prolongation of McKinley avenue from the south, McKinley avenue and said prolonga- tion to Fifty-first street. Fifty-first street to Central avenue, Central avenue to Fifty-first street. Fifty-first street to Hooper avenue. Hooper avenue to Fifty-first street, Fifty-first street and the easterly prolonga- tion thereof to a point in the easterly boundary line of the city of Los Angeles, thence in a northerly direction along said boundary line to the southerly charter boundary line of the city of Los Angeles where the same intersects the center line of Alameda street, Alameda street to Twentieth street. Twentieth street to Central avenue, Central avenue to Washington street, Washington street to Main street, the point of beginning. 74th. All that portion of the county of Los Angeles bounded as follows: Commencing at the intersection of Fifth and Hill streets, in the city of Los Angeles ; thence along the center line of the following named streets, to wit: Fifth street to Central avenue, Centra] avenue to Sixth street. Sixth street and the extension thereof along the line of assembly district number sixty-five, as designated and constituted by this section, to the center line of the official bed of the Los Angeles river; thence southerly along the last mentioned line and the pro- longation thereof to the south boundary line of the city of Los Angeles ; thence westerly along said boundary line to the center line of Alameda street, Alameda street to Twentieth street, Twentieth street to Central avenue. Central avenue to Washington street, Washington street to Hill street. Hill street to Fifth street, the point of beginning. 75th. All that portion of the county of Los Angeles bounded as follows: Commencing at the intersection of Seventh and Hill streets, in the city of Los Angeles ; thence along the center line of the following named streets, to wit: Seventh street to Hoover street. Hoover street to Ninth street. Ninth street to Carondelet street, Carondelet street to Hoover street. Hoover street to Pico street, Pico street to Hoover street, Hoover street to Jefferson street, Jefferson street to Main street, Main street to Washington street, Washington street to Hill street, Hill street to Seventh street, the point of beginning. 1368 79th. All that portion of the county of San Diego included within the corporate limits of the city of San Diego. 80th. All that portion of the county of San Diego not included in the seventy-ninth assembly district. CONGRESSIONAL DISTRICTS. (For Districts not given below, see Map.) 4th. All that portion of the city and county of San Francisco com- prising the twenty-eighth, thirty-first, thirtieth, thirty-second, thirty- third and twenty-first assembly districts. 5th. All that portion of the city and county of San Francisco not included in the fourth congressional district. 6th. The county of Alameda shall constitute the sixth congressional district. 9th. All that portion of the county of Los Angeles comprising the sixty-first, sixty-fifth, sixty-sixth, sixty-seventh, sixty-eighth, sixty-ninth and seventieth assembly districts. 10th. All that portion of the county of Los Angeles not included in the ninth congressional district. FISH AND GAME DISTRICTS. (For Districts not given below, see Map.) 4th. The counties of Madera and Tulare, and that part of Stanislaus county east of the west bank of the San Joaquin river; that part of Merced county east of the west bank of the San Joaquin river; that part of Fresno county east of the west bank of San Joaquin river, Fresno slough, Fish slough, Summit lake and Tulare lake ; that part of Kings county east of the west bank of Kings river between Summit lake and Tulare lake ; that part of Kings county east of the west bank of Tulare lake and east of the west bank of Bull slough; that part of Kern county east of the west bank of Bull slough and west and south bank of Buena Vista lake to the southeast corner of that lake ; that part of Kern county on the northerly side of a line from this point to the southeast corner of section 8, township 10 north, range 19 west, San Bernardino base and meridian at a point where the county road cuts said section corner, such a point being on the northern boundary of the rancho Castac; that part of Kern county on the northerly side of a line from this point following the northern boundary of the rancho Castac to where this boundary joins the westerly bound- ary of the Fort Tejon rancho; that part of Kern county lying north- erly and westerly of the west and north boundary of the Fort Tejon rancho to where the main line of the Southern Pacific Railroad inter- sects said rancho boundary; that part of Kern county on the easterly side of the main line of the Southern Pacific Railroad from this point to where the said railroad crosses the south line of Kern cOunty. AGRICULTURAL DISTRICTS. 1369 5th. The counties of Contra Costa, Alameda, San Francisco, San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, San Luis Obispo, Santa Barbara and those parts of Stanislaus, Merced, Fresno, Kings and Kern counties not included in fish and game district number four. AGRICULTURAL DISTRICTS. 1. The counties of San Francisco and Alameda. 2. The county of San Joaquin. 3. The county of Butte. 4.- The counties of Sonoma and Marin. 5. The counties of San Mateo and Santa Clara. 6. The county of Leos Angeles. 7. The county of Monterey. 8. The county of El Dorado. 9. The county of Humboldt. 10. The county of Siskiyou. 11. The counties of Plumas and Sierra. 12. The counties of Lake and Men- docino. 13. The counties of Sutter and Yuba. 14. The county of Santa Cruz. 15. The county of Kern. 16. The county of San Luis Obispo. 17. The county of Nevada. 18. The counties of Mono, Inyo, and Alpine. 19. All that portion of Santa Bar- bara county lying east of the Gaviota and south of the Santa Ynez mountains. 20. The county of Placer, 21. The counties of Fresno and Ma- dera. 22. The oounty of San Diego. 23. The county of Contra Costa. 24. The counties of Tulare and Kings. 25. The county of Napa. 26. The county of Amador. 27. The counties of Shasta and Trin- ity. 28. The counties of San Bernardino and Kiverside. 29. The county of Tnolumne. 30. The county of Tehama. 31. The county of Ventura. 32. The county of Orange. 33. The county of San Benito. 34. The county of Modoc. 35. The counties of Merced and Mari- posa. 36. The county of Solano. 37. All that portion of Santa Barbara county not included in agricultural dis- trict No. 19. 38. The county of Stanislaus. 39. The county of Calaveras. 40. The county of Yolo. 41. The county of Del Norte. 42. The county of Glenn. 43. The county of Lassen. 44. The county of Colusa. 45. The county of Imperial. 1370 HILLiYER'S LEGAL MANUAL. CONSOLIDATED COUNTY TABLE. Acricultural UialricU. Alameda 1 Alpiue 18 Amador 2U Butto .; 3 Calaveras 39 Colusa 44 Contra Costa 2;« Del Noite 41 El Dorado '. 8 Fresno 21 Glenn 42 Humboldt 9 Imperial 43 Invo 18 Kern 15 Kings 24 Lake 12 Lassen 43 Los Angelas 6 Madera 21 Marin 4 Mariposa 35 Mendocino 12 Merced 35 Modoc 34 Mono 18 Monterey 7 Napa 23 Nevada 17 Orange 32 Placer 20 Plumas 11 Riverside 28 Sacramento .*. . 40 San Benito 33 •San Bernardino 28 San Diego 22 San Francisco 1 San Joaquin 2 6an Luis Obispo 16 San Mateo 5 Santa Barbara 19, 37 Santa Clara 5 Santa Cruz 14 Shasta 27 Sierra 11 Siskiyou 10 Solano 36 Sonoma 4 Stan islaus 38 Sutter 13 Tehama 30 Trinity 27 Tnjare 24 Tuolumne . . . , 29 Ventura 31 Yolo 40 Viiba 13. IfflO U. S. Uiitriet Curt rlcli. Cuurta. DUiricti. 5 N. S. K. 3' N. Siiito. 3 N. Sacto. 3 N. Sacto. 3 N. Sacto. 2 N. Sa.to. 5 N. S. F. 1 N. S. F. 3 N. Sacto. S. 8. F. N. Sacto. N. S. P. S. L. A. s. L. A. 8. L. A. S. Sacto. N. S. F. N. Sacto. S. L. A. S. Sacto. N. 8. F. S. 8. F. N. 8. F. S. Sacto. N. Sacto. N. Sacto. N. S. F. N. 8. F. N. Sacto. S. L. A. N. Sacto. N. Sacto. S. L. A. N. Sacto. N. S. P. S. L. A. s. L. A. N. S. F. N. Sacto. S. L. A. N. S. F. S. L. A. N S. F. N 8. F. N Sacto. N. Sacto. N. Sacto. N Sacto. N S. F. N Sacto. N Sacto. N. Sacto. N Sacto. S. Sacto. 3 N. Sacto. 6 S L. A. 2 N. Sacto. 3 N. Sacto. Con- Equali «ll.u Attembly Senatorial grewional tatiun Vinculiural (ricit Uiiitrici*. Dialriela. Uiatrieta. Diatricla. D..tncia. 1 34-41 13-16 6 2 8. F 3 16 12 2 2 Sacto. 3 16 10 2 2 Sacto. 3 7 6 1 3 Sacto. J 16 12 2 2 Sacto. 3 5 4 1 3 Sacto. 1 18 9 3 2 .Napa. 1 1 I 3 Sonoma. 3 16 3 2 2 Sacto. 1 30-52 26 7 4 San Joaquin. J 4 1 3 Sacto. 3 2 1 1 3 Sonoma. 2 78 39 11 4 Loa Angeles. 2 47 30 11 4 Sacto. 2 56 32 7 4 .San Joaquin. 2 54 32 7 4 San .loaquin. 3 11 4 1 3 Sonoma. 3 4 2 2 3 Sacto. 2 61-03 J 29-31 1 \ 33-38 J 12 9-10 4 Los Angeles. 3 49 7 4 1 17 9 1 3 Sonoma. 3 47 12 4 Sacto. 3 6 4 1 3 Sonoma. 3 49 12 7 4 San Joaquin. 3 4 2 2 3 Sacto. :t 47 12 11 4 Sacto. 1 48 17 • 8 4 S. P. 3 11 5 3 3 Napa. 3 9 3 2 2 Sacto. 2. 76 39 11 4 Los Angeles. 3 9 3 2 2 Sacto. 3 4 3 2 3 Sacto. 2 77 39 11 4 Los Angeles. 3 14-15 7 3 2 Sacto. 1 48 11 8 4 S. P. 57-58 30 11 4 Los Angeles. 2 80 40 11 4 Los Angeles. 1 21-33 18-24 4-5 1 S. P. 3 19-20 10 3 2 San Joaquin. 2 53 17 8 4 Los Angeles. 1 42 11 8 4 8. P. 2 59 25 8 4 Los Angeles. I 44-45 27-28 8 4 S. P. 1 43 11 S 4 S. P. 3 3 2 2 3 Sacto. 3 4 3 2 3 Sacto. 3 2 2 3 Sonoma. 3 10 5 3 3 Napa. 3 12 8 1 3 Sonoma. 3 46 12 7 4' San .Toaquin. 3 8 6 1 3 San Joaquin. 3 5 1 o 3 •Sacto. 3 3 1 2 3 Sonoma. 2 55 32 7 4 San Joaquin. 3 47 12 2 2 .S.ncto. 2 60 25 8 4 Los Angeles. 3 8 6 3 3 Sacto. 3 8 6 1 3 Sacto. TIME TABLE. 1371 TIME TABLE. Abandonment of proceeding's. See Eminent Domain. Abstract of judgment. See Lien on Judgment. ABSTRACTS OF TITLE. Notice of Intention to Use as Evidence. Notice of intention to use an ab- AS SOON AS THE ACTION IS SET stract of title to prove the contents FOR TRIAL. C. C. P. 1855a. of a public record, must be given ACCOUNT. Delivery of Copy. A party alleging an account must within FIVE DAYS after demand deliver a copy to the adverse party therefor in writing. C. C. P. 454. Account. See Statute of Limitations. ACCOUNTING (BY SURVIVING PARTNER). Attachment to Compel. Where a surviving partner refuses AFTER NOTICE. C. C. P. 1585. to render an account, it may be com- pelled by attachment Accounting, appeal from. See Appeal from Superior Court. Accounting by assignee. See Assessment for Benefit of Creditors. Accounting by trustees. See Trustees. Accounting for rents. See Redemption. Accounting, interlocutory judgment ordering. See Appeal from Su- perior Court. Account of guardian. See Guardian's Account. ACCOUNTS^PROBATE. Revocation of Letters for Neglect to Account. Where executor or administrator has within THIRTY DAYS after commit- been committed for failure to render ment, his" letters must be revoked. C. account, and neglects to render such C. P. 1630. account Notice of Settlement of Account Other Than Final. Settlement of account, other than UPON SUCH NOTICE AS MAY BE ^nal, must be FIXED BY THE CLERK. C. C. P. 1633. 1372 HILLYER'S LEG.\X. MANUAL. Notice of Settlement of Final Account. Settlement of final account must be upon notice by posting, or publication Attachment for Failure to File. Attachment of executor or adminis- trator for failure to render account must not be issued until for at least TEN DAYS and prior to the day of settlement. C. C. P. 1634. AFTER CITATION has been first is- sued, served and returned. C. C. P. 1628. Revocation of Letters for Failure to Account. Where executor or administrator re- within THIRTY DAYS after the time sides out of the county, absconds or prescribed by law. C. C. P. 1630. conceals himself, his letters may be re- voked for neglect to render account Rendition. Account of executor or administrator must be rendered within THIRTY DAYS after the ex- piration of the time for presentation of claims. C. C. P. 1628. Deceased Executor or Administrator's Account. Where executor or administrator as in other cases. C. C. P. 1639. See dies, his accounts are presented by his above, representative and settled Accusation against attorney. See Attorneys at Law. ACCUSATION AGAINST OFFICER. Notice to Appear. Notice to appear and answer accusa- tion by the grand jury against a public ofl&cer must be not less than TEN DAYS. P. C. 760. Suspension When Effective. The defendant is suspended from of^ fice after THIRTY DAYS from the entry of judg- ment of removal, unless certificate of probable cause is filed. P. C. 770. Accusation against officer. See Appearance. ACKNOWLEDGMENTS. Certified Copies of Validated Instruments. Certified copies of the records of de- fective instruments validated under section 1207 may be read in evidence, if it be shown that the original instru- ment was genuine where the copying in the proper book of record occurred within FIFTEEN YEARS prior to the trial of the action. C. C. 1207. TIME TABLE. 1373 Validating Defective. Instruments defectively executed or acknowledged, copied into the proper book of record, are notice to subse- quent purchasers or encumbrancers if copied prior to January 1st, 1913. C. C. 1207. ACQUITTAL. Discharge of Defendant. If a judgment is given on a general verdict, and the defendant is not de- tained for other legal cause, he must be discharged Discharge of Defendant. When defendant is acquitted he must be discharged as soon as the judgment is given, unless the acquittal is because of a variance between the pleading and proof, which may be obviated by a new indictment or information. P. C. 1165. immediately. P. C. 1447. Actions against officers, attachment in. See Attachment. Actions against vessels. See Execution Sales. Actions by state. See Statute of Limitations. ACTION TO DETERMINE ADVERSE CLAIMS. Possession. An action to quiet title and deter- mine adverse claim may be brought by a person who by himself or his prede- cessor in interest has been in adverse for TWENTY YEARS prior to the fil- ing of the complaint, and who has paid all taxes for FIVE YEARS continu- ously next preceding the filing of the possession of such property adversely complaint. C. C. P. 749. Lis Pendens. Lis pendens in an action to deter- mine an adverse claim to real property must be filed Issuance of Summons. Summons must issue in actions to de- termine adverse claims to real property Mailing Summons. Mailing a copy of summons and com- plaint to nonresident defendants must be done Conclusiveness of Judgment. Judgments in actions to determine adverse claims against real property are not conclusive against any per- son whose claim has arisen within TEN DAYS after the filing of the complaint. C. C. P. 749. within ONE YEAR after the filing of the complaint. C. C. P. 750. within TEN DAYS after the making of the order of publication of summons. C. C. P. 750. within TWENTY YEARS prior to the filing of the complaint. C. C. P. 750. 1374 Action to determine an adverse claim. See Summons. Action to redeem from mortgage, interlocutory judgment in, appeal from. See Appeal from Superior Court. Action to set aside fraudulent conveyance. See Fraudulent Convey- ances. ADJOURNMENT. Of Legfislature. Neither house shall, without the eon- THREE DAYS, nor to any place other sent of the other, adjourn for more than than that in which they may be sitting. Const., art. 4, sec. 14. Adjournment. See Postponement. Adjustment of indebtedness. See Municipal Corporations. Administrator. See Executors. Administrator. See Inventory. Administrator. See Revocation of Letters. Administrator of nonresident, distribution to. See Distribution. ADMINISTRATORS. Petition for Letters — Notice of Hearing. Notice of hearing petition for letters at least TEN DAYS before the hearing. of administration must be posted C. C. P. 1373. Request for Notice. Request for special notice may be AT ANY TIME after issuance of let- filed ters. C. C. P. 1380. Administrators, actions by. See Statute of Limitations. Administrators, fees of. See Executors' Fees. ADMISSION OF ATTORNEYS. Re-examination. No person rejected for examination SIX MONTHS after such rejection, by the district court of appeal shall be Eule I. at liberty to renew his application in any court earlier than Admission to bail. See Bail. Adoption of by-laws. See By-laws. Adultery, divorce for. See Statute of Limitations. Adverse claims. See Action to Determine Adverse Claims. Adverse claims. See Summons. TIME TABLE. 1375 ADVERSE POSSESSION Possession — Seisin. In actions for recovery of real prop- erty, or possession thereof, it must appear that plaintiff, his ancestor, predecessor or grantor, was seised or possessed of the property in question within FIVE TEARS before the com- mencement of the action. C. C. P. 318. Possession — Seisin. No cause of action, or defense to an action, arising out of the title to real property, can be effectual, unless it ap- pear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or defense is made, or the ancestor, prede- cessor or grantor of such person, Entry. Entry upon real estate is not valid as a claim, unless action be commenced possession — Presumption. In every action for the recovery of real property, or possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time re- quired by law, unless it appear that the property has been held and possessed adversely to such legal title Occupancy. Occupation of real property by other than the holder of the legal title is deemed to have been under and in sub- ordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title Occupancy. Occupancy under a written instru- ment or decree of court, and possession of the property included therein, or some part thereof, was seised or possessed of the premises in question within FIVE YEARS be- fore the commencement of the act in respect to which such action is prose- cuted or defense made. C. C. P. 319. within ONE YEAR after making such entry, and within FIVE YEARS from the time when the right to make such entry descended or accrued. C. C. P. 320. for FIVE YEARS before the commence- ment of the action. C. C. P. 321. for FIVE YEARS before the commence- ment of the action. C. C. P. 321. for FIVE YEARS, is deemed adverse possession of property so included, un- less the property consists of a tract divided into lots. C. C. P. 322. 1376 HILLYER'S LEGAL MANUAL. Occupancy — Payment of Taxes. Adverse possession cannot be estab- for the period of FIVE YEARS con- lished, unless it be shown that the land tinuously. C. C. P. 325. has been occupied and claimed, and all taxes, state, county or municipal, which have been levied and assessed upon said land, paid Possession of Tenant. Possession of tenant is presumed to until FIVE YEARS from the termina- be the possession of the landlord, tion of the tenancy, or where there has been no written lease, from the time of the last payment of rent, C. C. P. 326. Affidavit of title. See McEnerney Actions. Affidavit on taking deposition. See Deposition. Affidavit where defense founded on written instrument. See Gen- uineness and Due Execution. Agent, designation of. See Foreign Corporations. Agent of nonresident distributee or devisee. See Unclaimed Property. Agricultural lands. See Unlawful Detainer. ALIAS SUMMONS. Issuance. Alias summons must issue Justice's Court — Return. The time specified for appearance of the defendant in alias summons must not Justice's Court — Issuance. Alias summons may issue at any time after return of prior summons within ONE YEAR from the date of filing complaint. C. C. P. 408. exceed NINETY DAYS from its date. C. C. P. 846. within ONE YEAR from the filing of the complaint. C. C. P. 847. ALIEN. Claim of Successsion. Where nonresident alien takes by suc- cession, he must appear and claim the property Succession by. No nonresident foreigner can take by succession, unless he appears and claims the same within FIVE YEARS from the time of succession. C. C. 672. within FIVE YEARS after the death of the decedent. C. C. 1404, 1405. TIME TABLE. 1377 Alternative method. See Appeal from Superior Court. Alternative writ. See Mandamus. Amended complaint, answer to. See Answer. Amended pleading, pleading to. See Pleading. Amended statement on appeal. See Appeal from Superior Court. AMENDMENT. To Pleading, as of Course. Any pleading may be amended once at any time BEFORE ANSWER OR by the party, of course, and without DEMURRER FILED. C. C. P. 472. costs After Demurrer Sustained. When demurrer to any pleading is is TEN DAYS after notice of the order sustained, the time to amend sustaining demurrer. C. C. P. 476. After Demurrer Sustained — When Time Runs. Where the demurrer to any pleading from SERVICE OF NOTICE of the is sustained, and time to amend is order sustaining demurrer. C. C. P. 476. given, the time so given runs Justice's court— Pleadings. Either party may amend any pleading at ANY TIME before CONCLUSION OF THE TRIAL. C. C. P. 859. Justice's Court — Of Answer After Demurrer Sustained. If demurrer to an answer is sustained, not exceeding TWO DAYS. C. C. P. the defendant may amend within such 858, subd. 3. time as the court may allow, Justice's Court — Of Complaint After Demurrer Sustained. Where demurrer is sustained, plaintiff not exceeding TWO DAYS. C. C. P. may amend, within such time as the 858, subd. 1. eourt allows, Of Contest to Probate, After Demurrer Sustained. If a demurrer to a contest is sus- not exceeding TEN DAYS. C. C. P. tained, the court must allow the eon- 1312. testant a reasonable time to amend Amendment of articles of incorporation. See Articles of Incorpora- tion. Amendment to bill of exceptions in criminal cases. See Appeal from Superior Court in Criminal Cases. Amendment to statement on appeal. See Appeal from Superior Court. Amendments to statement on appeal on questions of law. See Appeal to Superior Court. 87 1378 hillyer's legal manual. Ancient writings. See Handwriting. Animal, lien on. See Liens on Animals. Annual labor. See Mining. Annulling election. See Judgment. Annulment. See Statute of Limitations. ANSWER. After Demurrer Overruled — When Time Runs. Where a demurrer is overruled, the from the SERVICE of NOTICE of time to answer runs overruling demurrer. C. C. P. 476. Answer to Amended Complaint. Answer to amended complaint must within TEN DAYS after service of sum- be made mons, or of the complaint as amended as the case may be. C. C. P. 432. In Unlawful Detainer. Defendant may answer on or before the day fixed for his ap- pearance. C. C. P. 1170. Justice's Court — After Demurrer Overruled. If demurrer to the complaint is over- FORTHWITH. C. C. P. 858, subd. 2. ruled, the defendant may answer In Civil Actions in Police Court. ! In actions in Police Courts the de- ON THE RETURN of the summons. fendant may answer C, C. P. 931. After Arraignment. Upon arraignment the defendant not less than ONE DAY. P. C. 990. must be allowed a reasonable time to answer the indictment or information After Motion to Set Aside Indictment or Information. Where motion to set aside the indict- answer IMMEDIATELY. P. C. 997. ment or information is denied, defend- ant must Answer. See Appearance. Answer. See Pleading. Answer in certiorari. See Certiorari. Answer in procedendo. See Procedendo. Answer in prohibition. See Prohibition. Answer in Supreme Court. See Mandamus. Answer to accusation. See Attorneys at Law. Answer to application for writ of mandamus. See Mandamus. Answer to complaint in intervention. See Intervention. TIME TABLE. 1379 Answer to cross-complaint. See Cross-complaint. Answer to impeachment. See Impeachment. Answer to petition for rehearing. See Appeal from Superior Court. Appeal, appeals from. See Appeal to Superior Court. Appeal, cost bill on. See Costs. Appeal from inferior court. See Appeal from Superior Court. Appeal from judgment rendered on appeal from inferior court. See Appeal from Superior Court. Appeal from Justice's Court. See Appeal to Superior Court. Appeal from Police Court. See Appeal to Superior Court. APPEAL (FROM SUPERIOR COURT). From Final Judgment. An appeal from a final judgment of within SIX MONTHS after the entry of Superior Court, rendered in an action judgment. C. C. P. 939, subd. 1. commenced in the Superior Court, may be taken Insufficiency of Evidence Reviewable When. An exception to tlie decision or ver- within SIXTY DAYS after the entry diet on the ground that it is not sup- of the judgment. C. C. P. 939, subd. 1. ported by the evidence cannot be re- viewed on an appeal from the judgment of a Superior Court, unless the appeal is taken From Judgment Rendered on Appeal from Inferior Court. An appeal from a judgment of the ^ within NINETY DAYS after the entry Superior Court, rendered on appeal from of such judgment. C. C. P. 939, subd. 2. an inferior court, must be taken From Orders and Interlocutory Judgments. An appeal from an order granting or refusing a new trial; from an order granting or dissolving an injunction; from an order refusing to grant or dis- ^ solve an injunction; from an order appointing a receiver; from an order dissolving or refusing to dissolve an at- tachment; from an order granting or refusing to grant a change of the place of trial; from any special order made after final judgment; from an interlocu- tory judgment, order, or decree here- after made or entered in any action for divorce or to redeem real or personal property from a mortgage thereof, or lien thereon, determining such right to 1380 HILLYER'S LEGAL MANUAL. redeem and ordering an accounting; from an interlocutory judgment in ac- tions for partition of real property; and from an order confirming, changing, modifying, or setting aside the report, in whole or in part, of the referees in fictions for partition of real property in the cases mentioned in section seven hundred and sixty-three of the Code of Civil Procedure From Interlocutory Judgment in Divororce. must be taken within SIXTY DAYS after the order or interlocutory judg- ment is made and entered in the min- utes of the court, or filed with the clerk. C. C. P. 939, subd. 3. Appeal from an interlocutory judg- ment may be taken within In Election Contests. Appeal from the judgment in a con- tested election case, must be taken In Probate. Appeals in probate may be taken after an order, decree or judgment is made or rendered SIX MONTHS after its entry, in the same manner and with like effect as if the judgment were final. C. C. 131. within THIRTY DAYS after notice of entry. C. C. P. 1126. but not less than SIXTY DAYS after the same is entered on the minute-book of the court. C. C. P. 1725. From Proceedings to Determine Heirship. APPEALS from proceedings to deter- within SIXTY DAYS from the entry of mine heirship must be taken Filing Undertaking. Undertaking on appeal from the Su- perior Court must be filed Effect on Attachment. An appeal does not continue in force an attachment, unless perfected Undertaking — ^Exception to Sureties. Exception to the sufficiency of the sureties on an undertaking on appeal may be made at any time Undertaking — Justification of Sureties. Sureties on undertaking on appeal must justify the judgment or the order complained of. C. C. P. 1664. within FIVE DAYS after service of the notice of appeal. C. C. P. 940. within FIVE DAYS after the entry of the order appealed from. C. C. P. 946. within THIRTY DAYS after notice of the filing of the undertaking. C. C. P. 948. within TWENTY DAYS after notice of exception, and upon FIVE DAYS' no- tice. C. C. P. 948. Service of SUtement on Appeal Where Motion for New Trial was on Minutes. Where motion for a new trial is based within TEN DAYS after entry of the upon the minutes of the court, proposed order granting or denying the new trial, statement upon appeal must be served C. C. P. 661. TIME TABLE. 1381 Proposed Amendments to Proposed Statement on Appeal from Motion for New Trial on Minutes. Proposed amendments to proposed within TEN DAYS after service of the statement on appeal must be served proposed statement. C. C. P. 661. Presentation Where Amendments are Accepted. If proposed amendments are accepted, WITHOUT NOTICTE. C. C. P. 661, 659, statement must be amended accordingly, 660. and may be presented to the judge Presentation Where Amendments are Rejected. If projwsed amendments are rejected, within TEN DAYS after service of the proposed statement and amendments proposed amendments, upon FIVE must be presented to the judge DAYS' notice, or they may be delivered to the clerk without notice. C. C. P. 661, 659, 650. Proposed Amendments on Appeal from Order on Motion to Vacate and Enter Different Judgment. Proposed amendments to proposed within TEN DAYS after service of pro- statement on appeal from order grant- posed statement. C. C. P. 663a, 661, ing or denying motion to vacate a judg- 659 and 650. ment and enter a different judgment, must be served Presentation of Amended Statement on Appeal. If proposed amendments are accepted, without NOTICE. C. C. P. 663a, 661, amended statement on appeal may be 659, 650. presented to the judge or delivered to the clerk for the judge. Presentation of Statement Where Amendments Rejected, Where proposed amendments are re- within TEN DAYS after service of pro- jected, proposed statement and pro- posed amendments and upon FIVE posed amendments must be presented DAYS' notice, or delivered to the clerk to the judge for the judge, without NOTICE. C. C. P. 663a, 661, 659, 650. Engrossment of Statement on Appeal. After settlement of statement on ap- within TEN DAYS. C. C. P. 663a, 661, peal, same must be engrossed 659, 660. From Order on Motion to Enter Different Judgment, Service of Proposed State- ment. Proposed statement on appeal from within TEN DAYS after entry of the order granting or denying a motion to order. C. C. P. 663a, 661. vacate judgment and enter a different judgment must be served 1382 hillyer's legal manual. Alternative Method — Notice of Appeal. Notice of appeal by the alternative method must be filed Request for Transcript. Notice to county clerk that party desires or intends to appeal and re- questing transcript must be filed Transcript. The reporter must prepare the tran- script of the trial and file the same with the clerk Notice of Filing Transcript. Th« clerk must give notice that the transcript has been filed and will be presented to the judge for approval Transcript — Certification "by Attorney. The attorney to whom the transcript on appeal is presented must join in the certificate, if the transcript is correct, within within SIXTY DAYS after notice of entry of the judgment, order or decree has been served, but in any event not later than SIX MONTHS after the en- try of the judgment, order or decree. C. C. P. 941b. within TEN DAYS after notice of the entry of the judgment, order or decree appealed from. C. C. P. 953a. wnthin TWENTY DAYS after notice of appeal has been filed. C. C. P. 953a. within FIVE DAYS after receipt of said notice. C. C. P. 953a. FIVE DAYS. Eule XI. Transcript— Correction and Certification of. The attorney to whom a transcript is presented must, if the transcript is in- correct, serve upon the adverse party a written statement of the particulars in which the transcript is incorrect, within FIVE DAYS, and must join in the cer- tificate within TWO DAYS after the corrected transcript is presented to him. Eule XI. Transcript. The appellant in a civil action must serve and file the transcript of the record, duly certified, within Appellant's Points and Authorities. The appellant shall file with the clerk his printed points and authorities, with proof of service of one copy upon the attorney or attorneys of each respond- ent, FORTY DAYS after an appeal is per- fected. Eule II. THIRTY DAYS after the filing of the transcript. Eule II, subd. 4. TIME TABLE. 1383 Respondent's Points and Authorities. The respondent shall serve and file his printed points and authorities within THIRTY DAYS after the service of appellant's points and authorities. Rule II, subd. 4. Appellant's Points and Authorities in Reply. After the service of respondent's TEN DAYS. points the appellant may serve and file a reply within Rule 11, subd. 4. Judgment by Department, When Final. No judgment by a department shall become final until the expiration of Order for Hearing in Bank. Where a case has been allotted to one of the departments, and a judgment pro- nounced thereon, the order directing the cause pending before the court to be heard and decided in bank must be made within Application for Rehearing. Application for rehearing before the court rendering the judgment (whether the Supreme or District Court) must be filed Answer to Petition for Rehearing. The adverse party may file an answer thereto not less than Filing Time not Extended. The time prescribed shall not be ex- tended, and the clerk must not file any such application or answer Order That Cause be Heard by Supreme The Supreme Court may order any cause pending before a District Court of Appeal to be heard and determined by the Supreme Court, which order may be made Judgment of District Court of Appeals, Judgments of the District Court of Appeal shall become final therein upon the expiration of THIRTY DAYS after such judgment, unless approved by the chief justice, in writing, and with the concurrence of two associate justices. Const., art. 6, sec. 2. THIRTY DAYS after such judgment and concurred in by two associate jus- tices. Const., art. 6, sec. 2. within TWENTY DAYS after the judg- ment is pronounced. Rule XXX, subd. 1. TWO DAYS before the time for making such order for hearing in the Supreme Court will expire. Rule XXX, subd. 3. AFTER THE TIME therefor has ex- pired. Rule XXX, subd. 4. Court. BEFORE JUDGMENT has been pro- nounced by a Dis-trict Court of Appeal, or within THIRTY DAYS after such judgment shall have become final. Const., art. 6, sec. 4. When Final. THIRTY DAYS after the same shall have been pronounced. Const., art. 6, sec. 4. 1384 hillyer's legal manual. Copy of Opinion of District Court of Appeal. The clerk of the District Court of Appeal shall forthwith send to the Sec- retary of the Supreme Court, a copy of the opinion of the District Court of Appeal upon which such final judgment was given, at the expiration of Remittitur from District Court. When a judgment of a District Court of Appeal becomes final therein the re- mittitur shall not be issued until after the lapse of Application for Hearing in Supreme Court. THIRTY DAYS, if no order for hearing has been made by the Supreme Court. Eule XXXIV, subd. 2. THIRTY DAYS. Eule XXXIV, subd. 1. Applications after a judgment of a District Court of Appeal has become final, for an order that the cause be heard and determined by the Supreme Court, must be accompanied by a copy of the opinion of the District Court of Appeal, showing the date of the filing thereof, and must be filed and a copy served on the adverse party, within TEN DAYS after the judgment of the District Court of Appeal has become final therein. Eule XXX, subd. 3. APPEAL FROM SUPERIOR COURT (IN CRIMINAL CASES). When Taken. Appeal must be taken at the time the judgment or order appealed from is made. P. C. 1239, 1240. Transmission of Record. The clerk of the court must transmit within TWENTY DAYS after the ap- the record to the clerk of the Appellate peal is taken. P. C. 1246. Court, and deliver copies thereof to . the district attorney and the defendant, or his attorney, Designation of Notes to be Transcribed. On appeal to the Supreme Court or District Court of Appeal, the defendant or district attorney must designate what portion of the reporter's notes shall be transcribed Criminal Cases, Transcription on Death or Illness of Reporter. In case of the death or illness of the prepared by the appellant. P. C. 1247b. reporter, the original transcription must be within TWO DAYS after the appeal is taken. P. C. 1247. TIME TABLE. 1385 Direction to Reporter to Transcribe. The court must direct the reporter to transcribe such portion of his notes as the court may direct, within ONE DAY after filing the appli- cation; if the court fails to make the order within ONE DAY, the order is deemed made for the portion of the notes requested in the application. P. C. 1247. riling Transcription of Reporter's Notes. The reporter must file with the clerk within TWENTY DAYS after the mak- an original transcript and three carbon ing of the application. P. C. 1247. copies Delivery of Copies of Transcribed Notes. Upon filing of the transcribed notes by the reporter, the clerk must Proposed Correction of Transcript. Proposed correction of the transcript must be filed Objections to Transcript. The court must hear and determine the objections to the transcript immediately deliver one carbon copy to the defendant, one to the district at- torney and the original to the court. P. C. 1247a. within TEN DAYS after the filing of transcribed proceedings. P. C. 1247a. immediately, and upon determination and correction, if necessary, must cer- tify the transcript and immediately re- deliver to the clerk. P. C. 1247a. Certification and Delivery of Corrected Transcript. When the original transcript has immediately, and immediately transmit been received by the clerk from the to the attorney general a' carbon copy judge, he must transmit it to the court with all corrections thereon. P. C. from which the appeal was taken 1247a. Further Transcription. The appellate court may order further transcription of the proceedings within the time fixed in its order. P. C. 1247c. Extension of Time for Filing Transcript. Time for filing transcript cannot be SIXTY DAYS. extended by the lower court, but may be extended by the appellate court not exceeding P. C. 1247d. Dismissal for Irregularity. Appeal may be dismissed for irregu- larity upon FIVE DAYS' notice. P. C. 1248. 1386 hillyer's legal manual. Hearing. Appeal must be heard and deter- within SIXTY DAYS after the record mined by the appellate court is filed in the appellate court, unless the defendant consents to continue it. P. C. 1252. Bill of Exceptions, Presentation to Judge. In criminal cases the adverse party THIRTY DAYS after the ruling. Kule may present to the judge a bill of ex- XXXVI, subd. 1. ceptions, where no statutory method is prescribed within Service of Amendments to Bill of Exceptions. In criminal cases amendments to bill TEN DAYS after the service of the of exceptions may be served within proposed bill. Eule XXXVI, subd. 1. Settlement of Bill of Exceptions. In criminal cases the bill of excep- THREE DAYS' notice to the parties, tions must be settled by the judge, upon and within SIXTY DAYS after the rul- ing complained of. Eule XXXVI, subd. 1. Points and Authorities. In criminal cases the appellant shall TEN DAYS after the filing of the file his points and authorities (with transcript. Kule II, subd. 4. proof of service of a copy thereof on the Attorney General) within Points and Authorities in Reply. The Attorney General shall serve and TEN DAYS after service upon him of file his points and authorities within the appellant's points. Eule II, subd. 4. Appellant's Reply Brief. The appellant may serve and file a FIVE DAYS thereafter. Eule II, subd. reply within 4. Appeal in criminal cases in justice's court. See Appeal to Superior Court — Criminal Cases. Appeal in criminal cases in police court. See Appeal to Superior Court — Criminal Cases. Appeals in probate. See Appeal from Superior Court. APPEAL (TO SUPERIOR COURT). Notice of Appeal. Notice of appeal from a Justice or within THIRTY DAYS after the rendi- Police Court to the Superior Court must tion of the judgment. C. C. P. 974. be filed and served TIME TABLE. 1387 Statement on Appeal on Questions of Law. On appeals of questions of law alone, within TEN DAYS from the rendition the statement must be filed of judgment. C. C. P. 975. Amendments to Statement on Appeal. The adverse party may file amend- ments to the statement on appeal When Taken. An appeal to the Superior Court must be taken Statement on Appeal. Statement on appeal must be filed and settled Transmission of Record. The justice or judge must transmit the record to the clerk of the Superior Court Filing Undertaking. Undertaking on appeal must be filed Exception to Sureties. Exception to the sufficiency of the sureties on undertaking on appeal must be taken Justification. Sureties on an undertaking on appeal must justify within TEN DAYS after notice that the statement is filed. C. C. P. 975. within FIFTEEN DAYS after the judg- ment is rendered, or within TEN DAYS after the order is made from which the appeal is taken. P. C. 1467. within TEN DAYS after filing notice of appeal. P. C. 1468. within FIVE DAYS after the receipt of the notice of appeal and filing of the undertaking, and after settlement of statement. C. C. P. 977. within FIVE DAYS after filing of the notice of appeal.- C. C. P. 978a. within FIVE DAYS after the filing of the undertaking. C. C. P. 978a. within FIVE DAYS after notice of ex- ception upon notice. C. C. P. 978a. APPEARANCE. After Service of Summons. In an action in the Superior Court within TEN DAYS if the summons is the defendant must appear and answer served within the county in which the the complaint action is brought; within THIRTY DAYS if served elsewhere. C. C. P. 407. not more than TEN, nor less than FIVE, DAYS from the presentation of the accusation, and must be heard within TWENTY DAYS from the presentation of the accusation. P. C. 772. Of Officer Cited for Taking lUegel Fees. A citation against an officer for col- lecting legal fees, or neglecting to per- form official duties, must require his appearance 1388 Justice's Court — Where Arrest Ordered. If an order of axrest is indorsed upon FORTHWITH. C. C. P. 845, subd. 1. the summons, the time for appearance must be Justice's Court— Where No Order for Arrest. When an order of arrest is indorsed FIVE DAYS if served within the city on the summons, the time specified for and county, township or city; TEN appearance, must be DAYS if served out of the township or city, but within the county, and TWENTY DAYS if served elsewhere. C. C. P. 845, subd. 2. Appearance. See Demurrer; Answer. Appearance. See Summons. Appearance of corporation in criminal cases. See Summons. Appearance on service of summons on cross-complaint. See Cross- complaint. Application for counsel fees. See Counsel Fees. Application for hearing in supreme court. See Appeal from Superior Court. Application for letters of guardianship. See Guardianship. Application for partial distribution. See Partial Distribution. Application for writ of habeas corpus. See Habeas Corpus. Application to discharge attachment. See Attachment. Application to reduce bail. See Arrest and Bail. Application to sell homestead. See Homestead. Appointment of commissioner. See Foreclosure (of Mortgages). Appraisement of lost property. See Lost Property. Appraisers on execution against homestead. See Execution. Appraisers, report of. See Probate Homestead. APPRENTICES. Citation to Apprentice for Misbehavior. An apprentice who is guilty of any TEN DAYS after the service thereof, gross misbehavior, or refusal to do his C. C. 274. duty, or willful neglect thereof, may be cited to appear and answer the com- • plaint of the master, within Apprentices. See Statute of Limitations. APPROPRIATION. For Electrical Purposes. No water for the generation of elec- than TWENTY-FIVE YEARS, except tricity, or electrical or other power may by a municipal corporation, other than be appropriated for a longer period an irrigation district, or a lighting dis- TIME TABLE. 1389 Commencement of Construction. Appropriator of water must com- mence construction Notice of Appropriation. Notice of appropriation must be re- cerded trict, or by an irrigation district when such electricity, electrical or other power is for distribution only in its own limits. C. C. 1410. within SIXTY DAYS after the notice is posted. C. C. 1416. within TEN DAYS after it is posted. C. C. 1415. Commencement of Construction on Public Reservation. Where place of diversion is within a public reservation, claimant has SIXTY DAYS after grant of authority in which to commence construction, pro- vided that within SIXTY DAYS after posting notice he commences and prose- cutes application for permit. C. C. 1422. ARBITRATION. Petition for Entry of Judgment. Application for the entry of ment on award must be made Argument. See Calendar. Argument. See Mandamus. Arraignment. See Answer. judg- after the expiration of FIVE DAYS from the entry of the award, and upon at least FOUR DAYS' notice to the ad- verse party. C. C. P. 1286. ARREST. Taking Defendant Before Magistrate. Defendant when arrested must be taken before a magistrate Arrest. See Sentence. without unnecessary delay. 849. P. C. 825- ARREST AND BAIL. Order of Arrest. Order for arrest may be made Discharge on Giving Bail or Deposit. The defendant must be discharged from arrest upon giving bail or deposit at time of ISSUING SUMMONS, or any time after, before judgment. C. C. P. 482. at any time BEFORE EXECUTION. C. C. P. 486. 1390 HILLYER'S LEGAL MANUAL. When Bail Finally Charged on Undertaking. If defendant is not rearrested or sur- rendered ten days after judgment, the bail are finally charged on their under- taking and bound to pay the amount of the judgment Filing Papers. The sheriff must file the order of ar- rest, and a copy of the undertaking in the office of the clerk of the court in which the action is pending, Filing Undertaking. If plaintiff does not serve notice that he does not accept the bail, the sheriff must file the original undertaking with the clerk of the cDurt Notice to Justify. On receipt of notice that the plaintiff does not accept the bail, the sheriff may give to the plaintiff or his attorney notice of the justification of the bail Notice of Justification. The time specified in the sheriff's notice for the justification of the bail must not be Deposit in Lieu of Bail. The defendant may instead of giving bail deposit with the sheriff the amount mentioned in the order of arrest Surrender of Defendant by Bail. The bail may surrender the defendant in their exoneration Notice of Nonacceptance of Bail. The plaintiff may serve notice upon the sheriff that he does not accept the bail Payment into Court. The sheriff must pay the deposit into court Substitution of Bail for Deposit. The defendant may substitute bail for his deposit within TEN DAYS thereafter. C. C. P. within the TIME LIMITED for that purpose in the order for arrest. C. C. P. 492, 483. after TEN DAYS from the filing of the order of arrest. C. C. P. 492. within FIVE DAYS after the receipt of the notice. C. C. P. 493. less than FIVE nor more than TEN DAYS thereafter. C. C. P. 493. AT THE TIME of his arrest. C. C. P. 497. at any time BEFORE JUDCrMENT or TEN DAYS thereafter. C. C. P. 488. within TEN DAYS after the filing of the order of arrest. C. C. P. 492. IMMEDIATELY AFTER the deposit. C. C. P. 498. AT ANY TIME before judgment. C. C. P. 499. TIME TABLE. 1391 Justification of Substituted Bail. Bail substituted for deposit must justify UPON NOTICE. C. C. P. 499. Liability of Sheriff for Escape, How Discharged. Where defendant escapes, or is res- AT ANY TIME before judgment. C. cued, the sheriff may discharge himself C. P, 501. from liability by giving bail Motion to Vacate Order of Arrest. Motion to vacate order of arrest may be made Application to Reduce Bail. Application to reduce bail may be made at any time BEFORE TRIAL, or if there be no trial, BEFORE the ENTRY OF JUDGMENT upon reasonable no- tice. C. C. P. 503. at any time BEFORE TRIAL, or if there be no trial, before ENTRY OF JUDGMENT upon reasonable notice. C. C. P. 503. Plaintiff to Advance Funds for Support of Prisoner. Whenever a person is committed to the creditor must advance sufficient jail on an execution issued in a civil money for the support of the prisoner action, at the commencement of EACH WEEK. C. C. P. 1154. Justice's Court — Arrest Where Order on Summons. Where an order to arrest is indorsed AT THE TIME of SERVING on the summons, the defendant may be" SUMMONS. C. C. P. 861. arrested THE Justice's Court — Taking Before Justice. The defendant arrested must be taken before the justice IMMEDIATELY. C. C. P. 863. Justice's Court — Notice of Arrest to Plaintiff. The officer making the arrest must IMMEDIATELY. give notice thereof to the plaintiff, or his attorney C. C. P. 864. Justice's Court — Custody of Defendant. The officer making the arrest must keep the defendant in custody UNTIL HE IS DISCHARGED BY ORDER OF THE JUSTICE. C. C. P. 865. Arrest and bail. See Appearance. Arrest and bail. See Discharge from Arrest in Civil Proceedings. Arrest, commitment to await. See Fugitive from Justice. Arrest in quo warranto. See Quo Warranto. 1392 HILLYER^S LEGAL MANUAL. ARREST OF JUDGMENT. Motion in Arrest. Motion in arrest of judgment must before judgment is pronounced. P. C. be made and determined 1185. Articles of impeachment. See Impeachment. ARTICLES OF INCORPORATION. Filing Certified Copy. No corporation . hereafter formed within SIXTY DAYS after such pur- must purchase, locate, or hold prop- chase or location is made. C. C. 299. erty, in any county in this state, other than the county in which its original articles of incorporation are filed, with- out filing a copy of the copy of its ar- ticles of incorporation filed in the office of the Secretary of State, duly certified by such Secretary of State, in the office of the county clerk of the county in which such property is situated, Filing Certified Copy. If any corporation hereafter acquires within NINETY DAYS thereafter, file any property in a county other than with the clerk of such county such cer- that in which it now holds property, it tified copy of the copy of its articles must of incorporation. C. C. 299. Amendment — Publication of Notice. Corporation may amend its articles of has been advertised for THIRTY incorporation by a majority vote of the DAYS. C. C. 362. trustees, after notice of intention to make such amendment Petition to Withdraw. A petition for leave to withdraw after TEN DAYS* notice of the hearing articles of incorporation filed in the by publication. C. C. 363. wrong county may be heard Order Allowing Withdrawal. After order allowing the withdrawal within TEN DAYS. C. C. 363. of certificate improperly filed is made, it must be filed in the proper county Assault. See Statute of Limitations. TIME TABLE. 1393 ASSESSMENT OF STOCK. Publication and Mailing Notice of Assessment. In lieu of personal service of notice once a week for FOUE successive of assessment, it may be sent through weeks, at the principal place of busi- the mail, and published ness, and the location of the works. C. C. 336. Publication of Notice of Sale in Daily Paper. Notice of delinquent sale, when pub- TEN DAYS, excluding Sundays and lished in a daily paper, must be pub- holidays, previous to the day of sale, lished for C. C. 339. Publication of Notice of Sale in Weekly Paper. When published in a weekly paper, for TWO WHEKS previous to the day it must be published in each issue of sale. C. C. 339. First Publication of Notice of Sale. The first publication of all delinquent FIFTEEN DAYS prior to the day of sales must be at least sale. C. C. 339. Extension of Time of Delinquent Sale. Dates fixed in any notice of assess- for not more than THIRTY DAYS, by ment or notice of delinquent sale may order of the directors. C. C. 345. be extended from time to time Assessment, delinquent. See Statute of Limitations. Assessment of damages. See Eminent Domain. Assessment work. See Mining. Assigning lease. See Unlawful Detainer. ASSIGNMENT FOR BENEFIT OF CREDITORS. Notice to Creditors by Sheriff. Where assignment is made to the by mail immediately. C. C. 3449. sheriff for the benefit of creditors, he must notify the creditors Creditors' Meeting. The day to be appointed for the than EIGHT nor more than TEN DAYS creditors' meeting, must not be less from the delivery of the assignment to the sheriff. C. C. 3449. Publication of Notice of Creditors' Meeting Notice of meeting of creditors must at least ONCE before such meeting be published by the sheriff C. C. 3449. Inventory by Assignor. Assignor must file inventory within TWENTY DAYS after assign ment. C. C. 3461. 88 1394 HILLYER'S LEGAL MANUAL. Inventory by Assignee. If assignor neglects or refuses to file within TWENTY DAYS thereafter. C. inventory within said twenty days, the C. 3462. assignee must file verified inventory Bond of Assignee. Assignee must file bond Commencement of Notice to Creditors. Assignee must publish notice to cred- itors Publication of Notice to Creditors. Publication of notice to creditors must continue within FORTY DAYS after the transfer by the sheriff to him. C. C. 3467. within TEN DAYS after the filing of his bond. C. C. 3468. ONCE a week for FOUR WEEKS. C. C. 3468. Mailing Notice to Creditors. Assignee must mail notice to creditors within TEN DAYS after the first notice of publication to creditors. C. C. 3468. Dividends. Assignee may declare and pay divi- dends after the expiration Accounting by Assignee. Assignee may be required to account after of THIRTY DAYS of the first publica- tion of notice. C. C. 3468. SIX MONTHS from the date of the as- signment. C. C. 3469. ATTACHMENT Issuance. A writ of attachment may issue Justice's Court — Issuance. Writ of attachment must issue AT THE TIME OF ISSUING SUM- MONS, or at any time afterwards. C. C. P. 537. AT THE TIME of or after ISSUING SUMMONS. C. C. P. 866. Justice's Court — Undertaking, Exception to Sureties. The defendant may except to the suffi- at any time after the issuing of the cieney of the sureties attachment, but not later than FIVE DAYS after notice of its levy. C. C. P. 867. Exception to Sureties on Undertaking on Attachment. The defendant may except to the sure- later than FIVE DAYS after actual ties on an undertaking on attachment notice of the levy. C. C. P. 539. not TIME TABLE. 1395 Execution of Writ. The sheriff must execute the writ of attachment Lien of Attachment. Attachment is a lien upon real prop- erty Motion to Extend Lien. Motion to extend an attachment must be made Extension of Lien. The lien of an attachment may be extended on motion Grarnishment, When Effective. G-amishment is effective as against any credits, property or debts belonging or due to the defendant Application to Discharge. Application for discharge of an at- tachment must be made WITHOUT DELAY. C. C. P. 542, 869. for THREE YEARS unless extended. C. C. P. 542a, 869. not less than FIVE DAYS nor more than SIXTY before the expiration of the original lien. C. C. P. 542a, 869. for a period not exceeding TWO YEARS from the date on which the original lien would expire. C. C. P. 542a, 869. AT THE TIME OF SERVICE OF THE WRIT AND NOTICE. C. C. P. 544, after defendant has appealed, and upon REASONABLE NOTICE. C. C. P. 554, 869. Justification of Sureties on Undertaking to Release. Justification of sureties on undertak- within FIVE DAYS after the notice of ing on release of attachment must take filing such undertaking. C. C. P. 554, place .Ml 869. Release. Property attached cannot be released from attachment until Motion to Discharge Writ. Motion to discharge writ of attach- ment on the ground that it was im- proper, or irregularly issued, may be made AFTER JUSTIFICATION of the sure- ties, if justification is required. C. C. P. 555, 869. BEFORE OR AFTER RELEASE OF THE ATTACHED PROPERTY, or BE- FORE ATTACHMENT ACTUALLY LEVIED, upon REASONABLE NO- TICE. C. C. P. 556, 869. Return — ^Where Writ Issued With Summons Sheriff must return the writ of at- WITH THE SUMMONS. tachment, if issued at the same time as 869. the summons, C. C. P. 559, 1396 hillyer's legal manual. Return — Where Writ Issued After Summons. Tlie sheriff must return the writ of within TWENTY DAYS after its re- attachment, if not issued at the same ceipt. C. C. P. 559, 869. time as the summons In Actions Against Vessels, Issuance. Attachment may be had AT THE TIME OF ISSUING THE SUMMONS, OR AT ANY TIME THEREAFTER. C. C. P. 818. In Actions Against Vessels, Service of Writ. The sheriff afterwards must execute without DELAY. C. C. P. 820. the writ In Actions Against Vessels, Exception to Sureties. Owner and agent may except to suf- as upon bail on arrest. C. C. P. 821. ficieney of sureties upon attachment See Arrest and Bail, bond and require justification In Actions Against Vessels, Discharge of Attachment by Undertaktug. Attachment may be discharged by AFTER LEVY. C. C. P. 822. undertaking In Actions Against Vessels, Discharge of Attachment, on Motion. Attachment may be discharged on AFTER APPEARANCE. C. C. P. 823. motion Attachment for failure to account. See Accounts, Probate. Attachment, order dissolving, appeal from. See Appeal from Superior Court. Attachment, order refusing to dissolve, appeal from. See Appeal from Superior Court. Attachment, preferred claims in. See Preferred Claims. Attachment, third party claim in. See Third Party Claim. Attachment to compel accounting by surviving partner. See Account- ing (by Surviving Partner). Attorney general. S«e Escheated Estates. ATTORNEYS AT LAW. Transmission of Record of Conviction. The clerk in the case of the convic- THIRTY DAYS thereafter transmit to tion of an attorney or counselor of a the supreme court a certified copy of the felony or misdemeanor, involving moral record of conviction. C. C. P. 288. turpitude, shall within Service of Citation. Order to appear and answer accusa- FIVE DAYS before the day appointed tion against an attorney must be in the citation; or where he cannot be served upon him at least found by publication for THIRTY DAYS. C. C. P. 292. TIME TABLE. 1397 Answer. If an objection to the sufficiency of within such time as may be designated the accusation be not sustained, the ac- by the court. C. C. P. 296. cused must answer Authorities, points and. See Appeal from Superior Court. BAIL. Notice to District Attorney. When admission to bail is a matter require reasonable notice thereof to be of discretion, the officer to whom the given the district attorney. P. C. 1274. application is made must Surrender "by Bail. The bail may surrender the defend- at any time before forfeiture of their ant in their exoneration undertaking. P. C. 1300. Notice to District Attorney of Order Exonerating Bail. Order exonerating bail may be made FIVE DAYS' notice to the district at- on torney. P. C. 1300. Notice to District Attorney of Order for Refunding Deposit. Order for refunding deposit made in FIVE DAYS' notice to the district at- lieu of bail must be made on torney. P. C. 1302. Notice to Bail Where Bond Forfeited. If forfeiture is not discharged, the TWENTY DAYS from the entry on the district attorney may proceed against minutes. P. C. 1306. the bail on their undertaking, at any time within Disposition of Forfeited Bail Money. Money deposited in lieu of bail and at the end of THIRTY DAYS. P. C. forfeited must be deposited with the 1307. county treasurer Bail. See Arrest and Bail. Bail bond. See Statute of Limitations. Bail in quo warranto. See Quo Warranto. Balance of account. See Statute of Limitations. BANKS. Posting List of Directors. Every corporation doing a banking business in this state must post in its office, in a conspicuous place, accessible to the public generally, a notice signed by the president or secretary, showing 1398 the names of the directors of such cor- within TWENTY-FOUR HOURS after poration, the number and value of any transfer of stock. C. C. 321. shares of stock held by each director Notice of Meeting to Consider Question of Capital Stock. Notice of time and place of holding ONCE a week for THREE successive meeting of corporation doing a banking weeks prior to the holding of the meet- business, and which has no capital ing. C. C. 300. stock, for the purpose of considering a proposition whether it is best to have a capital stock, must be published Banks. See Statute of Limitations. Battery. See Statute of Limitations. Benevolent corporation. See Mortgage by Religious or Benevolent Corporation. Bigamy, annulment of marriage for. See Statute of Limitations. Bill. See Statutes. BILL OF EXCEPTIONS. Presentation. Bill of exception must be presented within TEN DAYS after written notice of decision excepted to. C. C. P. 649. Proposed Bill of Exceptions Taken at Trial by Jury. Proposed bill of exceptions taken at within TEN DAYS after entry of judg- trial by jury must be served ment. C. C. P. 650. Service of Proposed Bill. Proposed bill of exceptions taken at within TEN DAYS after notice of entry trial by the court must be served of judgment. C. C. P. 650. Service of Proposed Amendments. Proposed amendments to proposed bill within TEN DAYS after service of the of exceptions must be served proposed bill. C. C. P. 650. Presentation of Bill and Amendments for Settlement. Proposed bill and amendments must within TEN DAYS after service of the be presented, if presented to the judge amendments, and upon FIVE DAYS* ' notice. C. C. P. 650. Delivery to Clerk. Proposed bill and amendments must within TEN DAYS from the service of be delivered, if delivered to the clerk the amendments. C. C. P. 650. for the judge. Presentation foi Certification. Bill of exceptions must be engrossed within TEN DAYS after settlement. C and presented to the judge for certifica- C. P. 650. tion TIME TABLE. 1399 Presentation Where Trial is Before Referee. Where trial is by referee, proposed within TEN DAYS after service of bill and amendments must be presented amendments, and upon FIVE DAYS' no- to the referee tice. C. C. P. 650. Presentation Where No Amendments Served. If no proposed amendments are without NOTICE. C. C. P. 650. served, or if proposed amendments are accepted, the bill may be presented, with or without amendments, as the case may be. Bill of Exceptions to Ruling After Judgment. Bill of exceptions to decision after within TEN DAYS thereafter, or may judgment may be presented to the be proposed in the same manner as a judge at the time the decision is made, bill of exceptions to rulings taken at a or trial. C. C. P. 651. Bill of exceptions. See New Trial. Bill of exceptions. See Probable Cause. Bill of exceptions in criminal cases. See Appeal from Superior Court in Criminal Cases. BIRTH. Filing Certificate. Certificate of birth must be filed with within FIVE DAYS if filed by physi- the county recorder cian, midwife or nurse, and within TEN DAYS if filed by the parents or next of kin. Pol. C. 3077. Bonded indebtedness, creation of. See Creation of Bonded Indebted- ness. Bond of assignee. See Assessment for Benefit of Creditors. Bond of guardian. See Guardianship. Bonds, sale of. See Eminent Domain. Bond to keep the peace. See Undertaking. to Keep the Peace. Book accounts. See Statute of Limitations. Breach of covenant. See Unlawful Detainer. Breach of covenant, damage for. See Damages. Brief. See Appeal from Superior Court. Building contract. See Mechanics' Liens. BURNED BONDS. Publication of Order to Show Cause. Order to show cause in action to ob- once a week for FOUR successive tain duplicate of burned bonds must weeks, and the time and place of hear- be published ing must be not less than THIRTY DAYS from the first publication. C. C. 329. Burned bonds. See Burned Stock. 1400 HILLYER'S LEGAL MANUAL. BURNED STOCK. Puljlication of Order to Show Cause. Order to show cause in an action against a corporation to obtain a new or duplicate certificate of stock, must be published Burned stock. See Burned Bonds. once a week for FOUR successive weeks, and the day of hearing must be not less than THIRTY DAYS from the first publication thereof. C. C. 328. BY-LAWS. Adoption. Every corporation must adopt by- within ONE MONTH after filing arti- laws cles of incorporation. C. C. 301. Meeting to Adopt. Where meeting of stockholders or members is called to adopt by-laws, TWO WEEKS' notice of the same by advertisement in some newspaper pub- lished in the county in which the prin- cipal place of business of the corpora- tion is located, if none is published therein, then in a paper published in an adjoining county, must be given by order of the acting president. C. C 301. I THIRTY DAYS before the commence- ment of a regular session. Rule IV. CALENDAR Of Supreme Court. The clerk shall place on the calendar for oral argument all cases which have been continued for such argument, and also, in the order in which the tran- scripts were filed, all cases in which points and authorities are on file, and also all motions and original proceed- ings pending and not under submission Capital stock. See Diminution of Capital Stock. Capital stock. See Increase of Capital Stock. Capital stock, notice of meeting to consider. See Banks. Cattle-guards. See Eminent Domain. Certificate of birth. See Birth. Certificate of election. See Election Contests. Certificate of marriage. See Marriage. Certification to transcript. See Appeal from Superior Court. Certification to transcript. See Appeal from Superior Court in Crim- inal Cases. TIME TABLE. 1401 CERTIORARI. Notice of Application. Application for writ of review, if ON SUCH NOTICE as the court may- made on notice, should be made require. C. C. P. 1069. Return and Hearing. Writ of certiorari may be made re- turnable and hearing had thereon Demurrer or Answer in Supreme Court. The respondent naay make return, either by demurrer or by answer, or by both, upon the Stay of Proceedings. When an application is made for an alternative writ, an order staying the proceedings of any court or oflficer, until the return of the writ, will not be made at any time. C. C. P. 1108. RETURN DAY of the alternative writ. Rule XXVI, subd. 3.- unless DUE NOTICE of the application for the writ shall have been given to all the parties interested in the proceed- ings. Rule XXVI, subd. 4. Cessation from labor. See Mechanics ' Liens. CHALLENGES. To Panel in Criminal Cases. Challenges to a panel must be before the jury is sworn. P. C. 1060. taken Change of designation of agent. See Foreign Corporations. CHANGE OF NAME. Hearing. The time set for hearing application less than FOUR nor more than EIGHT for change of name must not be WEEKS from the date of the order. C. C. P. 1277. Publication of Order to Show Cause. Order to show cause why change of for FOUR SUCCESSIVE WEEKS. C. name should not be granted must be C. P. 1277. published Filing Certified Copy of Decree. Certified copy of decree changing within THIRTY DAYS from the date name must be filed in the office of the thereof. C. C. P. 1279. Secretary of State CHANGE OF PLACE OF TRIAL. Demand. Demand for change of place of trial AT THE TIME defendant ANSWERS must be made or DEMURS. C. C. P. 396. 1402 Justice's Court— Motion to Change. Motion to change the place of trial at any time BEFORE TRIAL. C. C. P. may be made 833. Justice's Court — Transmission of Papers. After order transferring, the justice IMMEDIATELY upon payment of his ordering the transfer must transmit the fees. C. C. P. 836. papers Change of place of trial. See Removal of Trial. Change of place of trial. See Transfer of Action to Superior Court. Change of place of trial, order granting, appeal from. See Appeal from Superior Court. Change of place of trial, order refusing to grant, appeal from. See Appeal to Superior Court. CHANGE OF PRINCIPAL PLACE OF BUSINESS. Publication of Notice of Intention. When the consent in writing of two- at least ONCE A WEEK for THREE thirds of the holders of the capital SUCCESSIVE WEEKS, in some news- stock of the corporation is obtained and paper. C. C. 321a. filed, notice of the intended removal or change must be published Change of venue. See Change of Place of Trial. Changing terms of tenancy. See Landlord and Tenant. CITATION. Service. Unless otherwise specially provided, at least FIVE DAYS before return citation must be served day thereof. C. C. P. 1711. Citation in election contests. See Election Contests. Citation to apprentice for misbehavior. See Apprentices. Citation to show cause why probate should not be revoked. See Con- test After Probate. Citation to sureties of executor or administrator. See Sureties. CLAIM AND DELIVERY. Time of Claim. Plaintiff may claim delivery AT THE TIME of ISSUING SUM- MONS, or AT ANY TIME before an- swer. C. C. P. 509. Taking of Property. Upon receipt of affidavit, notice and FORTHWITH. C. C. P. 512, 870. undertaking, the sheriff must take the property TIME TABLE. 1403 Service of Papers. The sheriff must serve the affidavit, notice and undertaking WITHOUT DELAY. C. C. P. 512, 870. Exception to Sureties on Plaintiff's Undertaking. The defendant may except to the suf- within TWO DAYS after the service of ficieney of the sureties the copy of the affidavit and undertak- ing. C. C. P. 513, 870. Justification of Sureties on Undertaking to Take Property. The sureties on the undertaking to not less than FIVE nor more than TEN take the property must justify upon notice Return of Property. The defendant may require the return of the property Return of Property. The defendant may require the re- turn of the property Delivery of Property to Plaintiff. The property must be delivered to the plaintiff if return be not required DAYS thereafter. 870. c. c. within FIVE DAYS after the taking and service of notice to the defendant. C. C. P. 514, 870. at any time BEFORE DELIVERY to the plaintiff. C. C. P. 514, 876. within FIVE DAYS after the taking and service of notice to the defendant. C. C. P. 514, 870. Justification on Undertaking for Return of Property. The defendant's sureties upon the un- upon notice of not less than TWO dertaking for the return of the prop- DAYS, nor more than FIVE DAYS. erty must justify C. C. P. 515, 870. Indemnity Against Third Party Claim. When property taken by the sheriff in a claim and delivery case is claimed by a third person, the plaintiff must indemnify the sheriff Filing Papers. The sheriff must file the notice, un- dertaking and affidavit, with his pro- ceedings thereon, with the clerk ON DEMAND. C. C. P. 519, 870. within TWENTY DAYS after taking the property mentioned therein. C. C. P. 520, 870. Claim and delivery. See Statute of Limitations. Claims against county. See Statute of Limitations. 1404 CLAIMS AGAINST ESTATES. Presentation. The time for presentation of claims TEN MONTHS after the first publica- must be tion, when the estate exceeds in value $10,000, and four months when it does not. C. C. P. 1491. When Deemed Rejected. If executor or administrator refuses within TEN DAYS, the claimant may to act upon a claim deem it rejected. C. C. P. 1496. Filing. Claims when allowed by the executor within THIRTY DAYS thereafter. C. and administrator, and approved by the C. P. 1497. judge, must be filed Creditor When not Concluded by Order for Payment of Claims. A creditor is not concluded by the TEN MONTHS before the day of set- order for the payment of claims unless tlement. C. C. P. 1650. his claim was due or, if contingent, be- came absolute Pasrment into Treasury Where Claimant cannot be Found. Where the amount of a claim is paid within FIVE YEARS, and if not to the county treasury, the claimant not claimed within FIVE YEARS after de- being able to be found, the amount so posit in the state treasury, escheats to deposited must be deposited in the state the state. C. C. P. 1514. treasury, if not claimed. Claims in probate. See Claims Against Estate. Claims in probate. See Statute of Limitations. Claim to contribution. See Contribution. Claim to escheated estate. See Escheated Estates. Commencement of construction. See Appropriation. Commissioner. See Foreclosure (of Mortgages). Commissioner, findings of. See Decision. Commissioner's report. See Foreclosure (of Mortgages). Commissioners' sales. See Foreclosure (of Mortgages). Commission merchant. See Lien of Commission Merchant or Ware- houseman. Commission merchant. See Unclaimed Property. Commission to justices of the peace. See Contesting Election of Members of the Legislature. Commission to take deposition. See Depositions. TIME TABLE. 1405 COMMITMENT. To Await Warrant from Proper County. Where a jury is discharged because for such time as he deems REASON- the court has not jurisdiction of the ABLE. P. C. 1115. offense, which was committed within the exclusive jurisdiction of another county, the court must direct the de- fendant to be committed to await a warrant from the proper county, Commitment for refusal to obey writ of habeas corpus. See Habeas Corpus. Commitment to await arrest. See Fugitive from Justice. Commitment to institution. See Suspension of Sentence. Common carrier. See Unclaimed Property. COMMUNITY PROPERTY. Petition to Vest. Petition vesting community property UPON SUCH NOTICE by publication must be heard or otherwise AS THE COURT MAY ORDER. C. C. P. 1723. Comparison of handwriting. See Handwriting. COMPLAINT. For Misdemeanor in Justice's and Police Courts. Complaint for misdemeanor triable within ONE TEAR after its commis- in the police or justice's court must be sion. P. C. 1426a. filed Complaint. See Proceedings to Determine Heirship. Completion of building. See Mechanics' Liens. Completion of contract to convey real estate. See Conveyances by Estates. Completion of contracts of sales by guardians. See Guardian's Sale. Compromise. See Offer of Compromise. CONDONATION. When not a Bar. Condonation of a cause of divorce is if TWO YEARS have elapsed after the not a bar condonation, and before the accruing or completion of the cause of divorce against which the recrimination is shown. C. C. 123. Constable, actions against. See Statute of Limitations. Construction. See Appropriation. Construction of fences and cattle-guards. See Eminent Domain. 1406 hillyer's legal manual. CONTEMPT. Warrant of Commitment. Where contempt is not committed in UPON NOTICE. C. C. P. 1212. immediate presence of the court, and no warrant of attachment is issued, a war- rant of commitment may be granted Punisliment. A person adjudged guilty of contempt not exceeding FIVE DAYS. C. C. P. may be imprisoned 1218. Justice's Court — Imprisonment. Imprisonment for contempt by justice exceed ONE DAY. C. C. P. 906. of the peace may not Contempt. S^e Revocation of Letters. CONTEST AFTER PROBATE. When may be Made. Contest after probata may be made within ONE YEAR after probate. C. C. P. 1327. Citation to Show Cause Why Pi:obate Should not be Revoked. Citation to show cause why probate within ONE YEAR after probate. C. should not be revoked must be issued C. P. 1328. i Demand for Jury Trial. Demand for trial by jury of contest THREE DAYS after trial by the jury, after probate must be filed C. C. P. 1330. Contest. See Proceedings to Determine Heirship. Contest of elections. See Judgment. Contest of elections. See Statute of Limitations. Contest of probate, amendment of. See Amendment. CONTESTING ELECTIONS OF THE MEMBERS OF THE LEGIS- LATURE. Filing Grounds of Contest. A person contesting must file with the within TWENTY DAYS after the cer- county clerk verified grounds of con- tificate of election is issued. Pol. C. test 274. Commission to Justice of the Peace. County clerk must issue commission TWENTY nor more than THIRTY to justice of the peace to meet and take DAYS from the filing of the statement depositions, not less than of grounds of contest. Pol. C. 275. TIME TABLE. 1407 Notice of Taking Testimony. Notice of time and place of taking within TEN DAYS after statement is depositions, and copy of statement, filed. Pol. C. 276. must be delivered to the contestee Delivery of Depositions. Secretary of State must deliver on or before the SECOND DAY of the depositions to presiding officer of the session of the legislature. Pol. C. 281. house in which the contest is to be tried, Continuance. See Postponement. Continuing administration. See Order Continuing Administration. Contract. See Statute of Limitations. Contract for Personal Services. See Personal Services. Contractor's lien. See Mechanics' Liens. CONTRIBUTION. Claim to Contribution. Contribution may be claimed by one within TEN DAYS after his payment, judgment debtor against his codebtors, C C. P. 709. by filing notice of demand and claim to contribute Contribution by co-owner. See Mining. Conversion. See Statute of Limitations. Conveyance by guardian. See Guardian's Sale. Conveyance of heirs. See Purchaser from Heir. CONVEYANCES BY ESTATES. Notice of Hearing Petition for Order Directing Conveyance. Notice of hearing of petition for or- at least FOUR SUCCESSIVE WEEKS der directing conveyance of real prop- before the hearing. C. C. P. 1598. erty must be served on the executor or administrator personally, when he is not the petitioner, and published Conviction. See Sentence. Convicts. See Statute of Limitations. Co-owners. See Mining. Copy of account. See Account. Copy of account. See Writing. Coroner, action against. See Statute of Limitations. Corporate elections. See Elections (Corporate). Corporate franchises. See Execution Sales. Corporate surety. See Sureties. 1408 HILLYER'S LEGAL MANUAL. Corporations. See Banks. Corporations. See Creation of Bonded Indebtedness. Corporations. See Diminution of Capital Stock. Corporations. See Elections (Corporate). Corporations. See Proxies. Corporations. See Restoration of Records (Corporate). Corporations, change of principal place of business. See Change of Principal Place of Business. Corporations, foreign. See Foreign Corporations. Corporations, summons against. See Summons. Correction of transcript. See Appeal from Superior Court. Correction of transcript. See Appeal from Superior Court in Criminal Cases. COSTS. Service and Filing of Cost Bill. Cost bill must be delivered to the clerk and served upon the adverse party Motion to Retax. Motion to retax costs must be filed Cost Bill on Appeal. Cost bill for costs awarded on appeal, must be filed Inclusion of Costs In Judgment. Costs must be included in the judg- ment by the clerk Security for Costs by Nonresident. Action by a nonresident, or foreign corporation, may be dismissed if secur- ity for costs has not been furnished FIVE DAYS after the verdict or no- tice of decision, or if entry of judgment be stayed, before such entry. C. C. P. 1033. within FIVE DAYS after notice of fil- ing cost bill. C. C. P. 1033. within THIRTY DAYS after fiHng of the remittitur. C. C. P. 1034. within TWO DAYS after they have been ascertained. C. C. P. 1035. after the lapse C. C. P. 1037. of THIRTY DAYS. COUNSEL. Sending for. Time allowed defendant to send for a reasonable time. P. C. 859. counsel must be COUNSEL FEES. Probate — Application for. Attorney may make application for AT ANY TIME during the administra- allowance of compensation on account tion. C. C. P. 1616. of services TIME TABLE. 1409 County action against. See Statute of Limitations. Court records. See Restoration of Court Records. Covenant against assignment. See Unlawful Detainer. Covenant against subletting. See Unlawful Detainer. Covenant of quiet enjoyment, damages for breach of. See Damages. Covenant of seisin, damages for breach of. See Damages. Covenant of warranty, damages for breach of. See Damages. CREATION OF BONDED INDEBTEDNESS. Mailing Notice. Bonded indebtedness may be orig- at least THIRTY DAYS before the cer- inally created, by a resolution adopted tificate of or creation of bonded in- by the unanimous vote of the board of debtedness is made, signed or filed, directors at a regular meeting or special unless the assents of all the stockh old- meeting called for that purpose, and ers be filed sooner, in which case the approved by the written assent of the certificate may be filed without further stockholders holding two-thirds of the delay. C. C. 359. subscribed or issued capital stock, but notice thereof must be mailed to each stockholder Creditors' claims. See Statute of Limitations. Creditors' claims in probate. See Claims Against Estate. Creditors ' meeting. See Assessment for Benefit of Creditors. CREDITS TO PRISONERS. Tor Work on Public Works. Where a prisoner confined in the he may receive FIVE DAYS credit for county jail is required by order of the each month. P. C. 1614. board of supervisors to perform work on the public works or ways of the county, Criminal cases, deposition of. See Depositions. CROSS-COMPLAINT. When Filed. Cross-complaint may be filed at the SAME TIME as the ANSWER, or by permission of the court subse- quently. C. C. P. 442. Pleading to. Parties who have already appeared in within TEN DAYS after service thereof . an action must demur or answer to C. C. P. 442. erty may he post- not exceeding THREE MONTHS. C. paned by the executor or administrator C. P. 1557. from time to time Return. Return of sale must be made within THIRTY DAYS after the sale. C. C. P. 1575. Probate sales. See Statute of Limitations. PROBATE SALES (MINING PROPERTY). Order to Show Cause, Service and Publicaticn. Order to show cause on sale of min- ing interest must be served personally Hearing. Order to show cause why mining prop- erty or mining interest should not he sold must be heard at least EIGHTEEN DAYS before the hearing, or published at least FOUR SUCCESSIVE WEEKS before the hear- ing, unless notice is dispensed with by written consent. C. C. P. 1531. not less than FOUR nor more than TEN WEEKS from the time of making the order. C. C. P. 1531. Order to Show Cause — Time of Hearing. Order to show cause why sale of not less than TWO nor more than mining claim should not be made must FOUR WEEKS thereafter. C. C. P. specify a time of hearing 1580. Order to Show Cause — Service and Publication. Order to show cause must be person- at least TEN DAYS before the hearing, ally served or published for FOUR SUCCESSIVE WEEKS. C. C. P. 1580. Sale Notice, Report and Confirmation. After the order of sale is made all further proceedings for the sale of min- ing property and for the notice, report and confirmation thereof must be in conformity with the provisions for the sale of real estate in probate. C. C. P. 1533. See Probate Sales (Real Prop- erty). 1468 HILLYER S LEGAL MANUAL. PROBATION. Suspension of Sentence. The court may suspend sentence for maximum possible term of the sen- the purpose of probation, for a period tence, or where the maximum possible not exceeding the term is less than two years, for not exceeding TWO YEARS, or where the offense consists of omitting to sup- port wife or child under 270 or 270a of the Penal Code, not exceeding FIVE YEARS. P. C. 1203. Revocation or Modification of Suspension. The court may revoke or modify sus- at any time during the term of pro- pension bation. P. C. 1203. Report by Probation Oflacer. The probation oflacer must, if re- quired by the court, file a report as to the antecedents, character, history, fam- ily environment and offenses of the de- fendant at the time of plea or verdict of guilty. P. C. 1203. Semi-annual Reports by Probation Oflacer. Probation officers must report to the Superior Court Rearrest. A person released on probation may be rearrested without warrant within FIFTEEN DAYS after the 30th of June, and within FIFTEEN DAYS after the 30th of December. P. C. 1203. at any time during the probationary term. P. C. 1203. Placing Under Care of Probation Oflacer. Defendant over sixteen years of age forthwith placed under the care of the who has been placed on probation, must probation officer until the expiration of be the period of probation. P. C. 1215. PROCEDENDO. Demurrer or Answer in Supreme Court. '^The respondent may make return, RETURN DAY of the alternative writ, either by demurrer or by answer, or by Eule XXVI, subd. 3. both, upon the Stay of Proceedings. When an application is made for an alternative writ, an order staying the proceedings of any court or officer, until the return of the writ, will not be made unless DUE NOTICE of the application for the writ shall have been given to all the parties interested in the pro- ceedings. Rule XXVI, subd. 4. TIME TABLE. 1469 PROCEEDINGS TO DETERMINE HEIRSHIP Filing Petition. Petition to determine heirship may be filed at any time after the expiration of ONE YEAR from the issuance of letters. C. C. P. 1664. Hearing. Hearing of petition to determine heir- ship must be Service of Order to Show Cause. Order to show cause on petition to de- termine heirship^ must be served Contest — Complaint. Persons appearing to contest heirship may file complaint Service of Complaint. Parties on whom complaint to deter- mine heirship is served may plead Proceedings to determine heirship, perior Court. Process. See Service of Process. not less than SIXTY DAYS nor over FOUR MONTHS from the date of the order to show cause. C. C. P. 1664. IN THE SAME MANNER AS SUM- MONS in a civil action. C. C. P. 1664. within TWENTY DAYS after date of the order establishing proof and ser- vice, and serve the same on the parties who have appeared. C. C. P. 1664. within TWENTY DAYS after the ser- vice thereof. C. C. P. 1664. appeal in. See Appeal from Su- PROHIBITION. Hearing and Return. Writ of prohibition may be made re- at any time. C. C. P. 1108. turnable and hearing had thereon Demurrer or Answer in Supreme Court. The respondent may make return, either by demurrer or by answer, or by both, upon the Stay of Proceedings. When an application is made for an alternative writ, an order staying the proceedings of any court or officer, until the return of the writ, will not be made RETURN DAY of the alternative writ. Rule XXVI, subd. 3. unless DUE NOTICE of the application for the writ shall have been given to all the parties interested in the proceed- ings. Eule XXVI, subd. 4. Proof of annual labor. See Mining. Proof of ownership. See Lost Property. Proposed amendments to proposed bill of exceptions, ceptions. See Bill of Ex- 1470 hillyer's legal manual. Proposed amendments to proposed statement on appeal. See Appeal from Superior Court. Proposed bill of exceptions. See Bill of Exceptions. Proposed statement on appeal. See Appeal from Superior Court. PROXIES. Duration. Every proxy must be for some limited period, and in no case to exceed SEVEN YEARS from the , date of the execution of such proxy. C. C. 321b. PUBLIC ADMINISTRATOR. Notice of Death of Stranger. When a stranger dies without known IMMEDIATE NOTICE. C. C. P. 1728- heirs in the house or premises of an- other, anyone knowing the facts must give the public administrator Semi-annual Return. Public administrator must make re- once every SIX MONTHS. C. C. P. turn of all estates which have come 1736-1739. into his hands Proceedings Against for Nonpayment of Unclaimed Moneys. ' The district attorney must institute within TEN DAYS after the order of proceedings against a public adminis- the court is made. C. C. P. 1740. trator who fails to turn over unclaimed moneys PUBLICATION OF NOTICES. In Probate. When any publication is ordered it as often during the prescribed period must be made daily or otherwise as the paper is published unless other- wise prescribed by law or the order of the court. C. C. P. 1705. Publication of summons. See Summons. PUBLIC LANDS. Petition to Determine Heirs of Applicant to Purchase Public Lands. Notice of hearing petition to estab- at least TEN DAYS prior to the day of lish heirs of applicant for public land hearing. C. C. P. 1724. must be given by posting Public moneys, embezzlement of. See Statute of Limitations. Public records, falsifications of. See Statute of Limitations. TIME TABLE. 1471 Public reservation, commencement of construction on. See Appropria- tion. Public sales. See Probate Sales. Punishment. See Felony. Punishment. See Misdemeanor. Punishment for contempt. See Contempt. PURCHASER FROM HEIR. Conveyance, When Conclusive. Eights of a purchaser of real prop- within FOUR YEARS after the de- erty from an heir are not impaired by visor's death. C. C. 1364. devise made by the decedent, unless the will is duly proved, or written Purchasers of state lands. See Foreclosure (of Delinquent Purchasers of State Lands). Quiet enjoyment. See Damages. QUO WARRANTO. Arrest and Bail. Where order is made for arrest of in the same manner as in other civil defendant, he may be arrested and held actions. C. C. P. 804. See Arrest and to bail Bail. Quo warranto. See Statute of Limitations. Railroad companies. See Eminent Domain. Raised check. See Statute of Limitations. Real property. See Adverse Possession. Real property. See Probate Sales. Real property. See Statute of Limitations. Rearrest. See Probation. Receiver, order appointing, appeal from. See Appeal from Superior Court. RECEIVERS. Undertaking. If receiver is appointed ex parte the BEFORE MAKING THE ORDER. C. court must require undertaking C. P. 556. Additional Undertaking. If receiver is appointed ex parte the AT ANY TIME after making AF- court may require additional undertak- POINTMENT. C. C. P. 556. ing Receivers for escheated estates. See Escheated Estates. 1472 hillyer's legal manual. RECESS. Of Legislature. After the first session of the legis- THIRTY DAYS. Const., art. 4, sec. 2. lature, a recess of both houses must be taken for not less than RECORD. Of Criminal Action, Filing. Record of action must be filed by the within FIVE DAYS after entry of judg- clerk ment or conviction. P. C. 1207. Recording trademark. See Trademark. Record, transmission of. See Appeal to Superior Court. Record, transmission of in criminal cases. See Appeal from Superior Court in Criminal Cases. Records. See Restoration of Court Records. Records. See Restoration of Records (Corporate). Recovery of stock. See Statute of Limitations. REDEMPTION. Leasehold Interest. Tliere is no redemption of real prop- is less than a leasehold of TWO YEARS erty from execution sale where the unexpired term. C. C. P. 700a. estate Redemption Period. Where property is sold subject to re- demption, it may be redeemed Re-redemption. Where property has been redeemed by the redemptioner, it may be acquired by another redemptioner Redemptioner Entitled to Rents. Redemptioner of property sold under execution sale is entitled to the rents and profits thereof Statement of Rents. Where judgment debtor or redemp- tioner demands statement of rents and profits received before expiration of the time set for redemption, the period for redemption is extended within TWELVE MONTHS after the sale. C. C. P. 702. within SIXTY DAYS after the last re- demption. C. C. P. 703. FROM THE TIME OF REDEMPTION UNTIL RE-REDEMPTION. C. C. P. 707. FIVE DAYS after sworn statement is given by the purchaser or his assigns. C. G. P. 707. TIME TABLE. 1473 Action for Accounting. Redemptioner or judgment debtor may bring an action to compel an ac- counting of rents and profits where pur- chaser fails to give statement for ONE MONTH after demand. P. 707. c. c. Where Action Brought to Compel Accounting for Rents. Where action is brought to compel accounting of rents and profits by judgment creditor, or his assigns, the right of redemption is extended until FIFTEEN DAYS after final de- termination of such action. C. C. P. 707. Redemption of Corporate Franchise. Redemption from sale of .corporate franchise under execution may be had as in the case of redemptions from sales of real estate on execution. C. C. 392. Redemptioner. See Sheriff's Deed. Redemption from execution sales. See Execution Sales. Redemption of mortgage. See Statute of Limitations. Redirect interrogatories. See Depositions. Reduction of bail. See Arrest and Bail. Reduction of nuncupative will to writing. See Nuncupative Wills. Re-entry. See Landlord and Tenant. Referee, findings of. See Decision. Referee in partition, order upon report of, appeal from. See Appeal from Superior Court. Referee, presentation of bill of exceptions to. See Bill of Exceptions. Referee's report. See Partition. REFERENDUM. Filing Petition. Referendum petition must be filed within Petition Wlien Examined. Referendum petition shall be exam- ined by the clerk or registrar of voters, within Supplemental Petition. Supplemental referendum petition shall be examined by the clerk or reg- istrar of voters, within 93 NINETY DAYS after final determina- tion of the legislature. Const., art. 4, sec. 1. TWENTY DAYS after the filing of the same. Const., art. 4, sec. 1. TEN same. DAYS after the Const., art. 4, s< filing of I. 1. the 1474 hillyer's legal manual. When Submitted. Referendum petition must be sub- THIRTY DAYS after the filing of the Aiitted at the next succeeding general petition. Const., art. 4, sec. 1. election subsequent to Registry of marriage. See Marriage. Rehearing. See Appeal from Superior Court. Rejected claims. See Statute of Limitations. Release of attachment. See Attachment. Relief. See Opening Default. Relief from forfeiture. See Unlawful Detainer. Religious corporation. See Mortgage by Religious or Benevolent Cor- poration. Remittitur. See Appeal from Superior Court. Removal of disability. See Statute of Limitations. Removal of guardian. See Guardianship. REMOVAL OF TRIAL. Service of Application. Application for removal of the trial at least ONE DAY prior to the hear- must be served upon the District At- ing. P. C. 1034. torney Transfer of Custody of Defendant. Where defendant is imprisoned at FORTHWITH. P. C. 1037. the time the application for removal is granted, the sheriff must remove him to the custody of the sheriff of the county to which the action is removed Removal of trial. See Change of Place of Trial. Renewal of execution. See Execution. Rents. See Execution Sales. Rents, action for accounting. See Redemption. Rent, when payable. See Tenancy. Renunciation of right to letters testamentary. See Executors. Replevin. See Claim and Delivery. Replevin. See Statute of Limitations. Reply brief. See Appeal from Superior Court. Reply brief in criminal cases. See Appeal from Superior Court in Criminal Cases. Report of appraisers. See Probate Homestead. Report of commissioner. See Foreclosure (of Mortgages). Report of probation officer. See Probation. Request for special notice. See Administrators. Request for special notice. See Guardianship. TIME TABLE. 1475 Re-redemption. See Redemption. Resale. See Probate Sale. Residence. See Sole Traders. Resignation of trustees. See Trustees. RESTORATION OF COURT RECORDS. Notice. Eestoration of court records may be made UPON NOTICE, as provided in sections 1010 and 1017 inclusive of the Code of Civil Procedure. Stats. 1906, p. 76, sec. 2. RESTORATION OF RECORDS— CORPORATE. Hearing. On petition for restoration of lost TWENTY-FIVE nor more than records of a corporation, the time and THIRTY DAYS from the completion of place of hearing must not be less than publication of notice. C. C. 365. Publication of Notice of Hearing. Notice of such hearing must be pub- lished daily for Service of Notice. Copy of notice must be served per- sonally, or where place of business or residence is unknown, mailed to the county seat Mailing Notice to Stockholders. Copy must be mailed to stockholders and the persons affected, whose place of business or place of residence are known, THREE successive WEEKS, or if there is no daily paper, ONCE a WEEK for THREE successive weeks in a weekly newspaper. C, C. 365. within FORTY-EIGHT HOURS filing the petition. C. C. 365. after within FORTY-EIGHT HOURS after the filing of the petition. C. C. 365. Restoration of title. See McEnemey Actions. Restraining order. See Injunction. Retaxing costs. See Costs. Return of execution. See Execution. Return of sale. See Probate Sales. Return of sale. See Revocation of Letters. Return of summons against joint debtor. See Summons. Return on attachment. See Attachment. Reversal of judgment, new action after. See Statute of Limitations. Review of corporate elections. See Elections (Corporate). 1476 hillyer's legal manual. REVOCATION OF LETTERS. For Failure to File Inventory. The court may revoke the letters of UPON NOTICE. C. C. P. 1450. executor or administrator for failure to file inventory in time For Failure to Give Notice to Creditors. If executor or administrator neglects for TWO MONTHS after his appoint- to give notice to creditors ment, the court must revoke his letters. C. C. P. 1511. For Failure to Return Sale. Letters of administrator or executor on ONE DAY'S notice. C. C. P. 1575. may be revoked for neglect to make re- turn of sale or attachment may issue For Contempt. Letters of an Administrator or WITHOUT NOTICE where he remains guardian committed for contempt may in custody for THIRTY DAYS vrith- be revoked out obeying the order. C. C. P. 1721. Revocation of letters for failure to account. See Accounts Probate. Right to convey. See Damages. Riot, damage by. See Statute of Limitations. Ruling after judgment. See Bill of Exceptions. , Salary of judge. See Decision. Sale by commissioners. See Foreclosure (of Mortgages). Sale by guardian. See Guardian's Sales. Sale by holder of special lien. See Special Liens. Sale by pledgee. See Pledgee 's Sale. Sale in bulk. See Stock in Trade. Sale in partition. See Partition Sales. Sale of escheated estates. See Escheated Estates. Sale of personal property. See Execution Sales. Sale of unclaimed property. See Unclaimed Property. Sale to satisfy lien on animal. See Liens on Animals. Sale under execution. See Execution Sales. Savings and loan associations. See Dismissal. SEARCH-WARRANT. Service. Search-warrant must be served in the at any time of the day or night. P. C. daytime, unless the magistrate insert 1503. direction that it be served TIME TABLE. 1477 Execution and Return. Search-warrant must be executed and within TEN DAYS after its date. P. returned C. 1534. Inventory. Inventory of the property taken un- returned forthwith. P. C. 1537. der a search-warrant must be Security for costs. See Costs. Security to pay costs. See Malicious Prosecution. Seduction. See Statute of Limitations. Seisin. See Adverse Possession. Seisin. See Damages. SENTENCE. In Criminal Cases. After a plea or verdict of guilty, the court must appoint a time for pro- nouncing judgment, which must not be less than Statement of Views. The judge and district attorney must file with the clerk of the court a brief statement of their views respecting the person convicted, and the crime com- mitted Filing Testimony. A copy of the testimony taken by the court for the purpose of deter- mining the proper punishment must be filed with the clerk and mailed to the warden Arrest of Defaulting Defendant. Where defendant fails to appear for judgment, the court may direct the clerk to issue a bench warrant for his arrest, and the clerk, on the applica- tion of the district attorney, may issue the same TWO nor more than FIVE DAYS after the verdict or plea, provided the court may extend the time not more than TEN DAYS for the purpose of hearing and determining any motion for a new trial, or in arrest of judgment, and not more than TWENTY DAYS where the question of probation is considered, and if there is reasonable ground for be- lieving defendant insane, until the question of insanity has been heard and determined. P. C. 1191. within THIRTY DAYS after judgment has been pronounced. P. C. 1192a. within THIRTY DAYS after judgment has been pronounced. P. C. 1192a. ANY TIME THEREAFTER. 1195, .1196. P. C. 1478 Rendition in Justice's or Police Court. After conviction judgment must be TWO DAYS, nor less than SIX HOURS rendered within not more than after the verdict, unless defendant waive the postponement. P. C. 1449. Sentence, suspension of. See Probation. Service of notices. See Notices. SERVICE OF PROCESS. Exemption of Members of Legislature. Members of the legislature are ex- FIFTEEN DAYS subsequent and prior empt from civil process for to the commencement of each session. Const., art. 4, sec. 11. Upon Insurance Commissioner. Where notice, summons or process is SIXTY DAYS after the delivery to the served upon the Insurance Commis- Insurance Commissioner. Pol. C. 616. sioner, the service is complete at the end of Insurance Commissioner to Transmit Copy. When service of notice, proof of loss, within TEN DAYS thereafter. Pol. C. summons, or other legal process is 616. made upon the Insurance Commissioner, he must transmit a copy thereof to the , company at its home oflBLce Service of process. See Claim and Delivery. Service of summons. See Summons. Services. See Preferred Claims. Sessions of legislature. See Legislature. Settlement of bill of exceptions in criminal cases. See Appeal from Superior Court in Criminal Cases. Sheriff, action against. See Statute of Limitations. SHERIFF'S DEED. To Bedemptioner. Where property has been sold under SIXTY DAYS have elapsed since his execution sale and redeemed by the redemption, and TWELVE MONTHS redemptioner, and no subsequent re- since the sale. C. C. P. 703. demption has been made, he is entitled to the sheriff's deed, provided Sheriff's deed. See Execution Sales. Sheriff's liability for escape. See Arrest and Bail. Slander. See Statute of Limitations. TIME TABLE. 1479 SOLE TRADER. Residence. Application of married woman to be- for SIX MONTHS next preceding the come sole trader must be made to the application. C. C. P. 1811. Superior Court in the county in which she has resided Notice of Intention. Notice of intention to make applica- tion to become a sole trader must be published Filing Petition. . Petition to become a sole trader must be filed Opposition to Application. Opposition to an application for sole tradership may be filed ONCE A WEEK for FOUR SUCCES- SIVE WEEKS. C. C. P. 1812. TEN DAYS prior to the day named in the notice of intention. C. C. P. 1813. AT ANY TIME prior to the day named in the notice. C. C. P. 1815. SPECIAL ADMINISTRATORS. Appointment. Appointment of special administrator AT ANY TIME and without notice, may be made C. P. 1412. C. SPECIAL LIENS. Sale. Persons holding special liens upon personal property may sell said prop- erty if the amount due be not paid Notice of Sale. Such lienholder must give at least ten days' previous notice by advertis- ing, or if no newspaper, by posting within TWENTY DAYS after.the same shall become due. C. C. 2052. for TEN DAYS. C. C. 3052. Special notice. See Guardianship. Special order made after final judgment, appeal from. See Appeal from Superior Court. Special session. See Election Contests. Specific performance. See Statute of Limitations. State, actions by. See Statute of Limitations. State hospital. See Statute of Limitations. State lands. See Foreclosure (of Delinquent Purchasers of State Lands) . Statement of account. See Accounts, Probate. 1480 HILLYER S LEGAL MANUAL. Statement of date of publication. See Notice to Creditors. Statement of facts. See Pardon. Statement of rents. See Redemption. Statement of views. See Sentence. Statement on appeal. See Appeal from Superior Court. Statement on appeal from motion for new trial on minutes. See Ap- peal from Superior Court. Statement on appeal in criminal cases. See Appeal to Superior Court, Criminal Cases. Statement on appeal on questions of law. See Appeal to Superior Court. Statement on motion for a new trial. See New Trial. STATUTE OF LIMITATIONS Real Property — Suit by State. The people of the state will not sue in respect to real property, by reason of the right or title of the people to the same, unless such right or title shall have accrued within TEN YEARS before any action or proceeding for the same is com- menced, or the people or those from whom they claim shall have received the rents and profits of such real prop- erty, or some part thereof, within TEN YEARS. C. C. P. 315. Real Property — Void Letters Patent or Grants. When letters patent or grants of real property issued or made by the people of the state are declared void by the de- termination of a competent court, ac- tion for the recovery of the property may be brought by the people, or subse- quent patentees or grantees of the prop- erty, their heirs or assigns. within FIVE YEARS after such deter- mination, but not after that period. C. C. P. 317. Real Property, Removal of Disability. Where time to commence or defend an action or make entry is extended by reason of disability of a party at the time title accrues, the action must be commenced or entry or defense made within FIVE YEARS after the disabil- ity ceases. C. C. P. 328. TIME TABLE. 1481 Eeal Property, Death of Person Under Disability. Where person is under disability at the time title accrues, and dies while under disability, action in respect to real property on entry thereon or de- fense thereto, must be commenced or made witliin FIVE YEARS after death of the person under such disability. C. 0. P. 328. Real Property — Disability of Minor, Insane Person or Convict. Where time to commence or defend an action in respect to real property or make an entry is extended by reason of disability of the party at the time title accrues, the period of disability may not exceed Judgment — Decree. Action upon a judgment or decree of any court of the United States, or of any state, must be brought Mesne Profits of Real Property. An action for the recovery of mesne profits of real property must be brought TWENTY YEARS. C. C. P. 328. within FIVE YEARS. subd. 1. within FIVE YEARS. subd. 2. C. C. P. 336, C. C. P. 336, Written Instrument — Contract — Obligation — ^Liability. Action upon any contract, obligation or liability founded upon an instrument in writing executed within this state, must be brought Balance of Account. An action to recover a balance upon a mutual, open and current account, must be brought Liability Created by Statute. An action upon a liability created by statute, other than a penalty or for- feiture, must be brought Book Accounts. An action to recover a balance upon an open book account must be brought Trespass — Real Property. An action for trespass upon real property must be brought within FOUR YEARS from the time when the cause of action accrued. C. C. P. 337, subd. 1. within FOUR YEARS from the time of the last item proved in the account on either side. C. C. P. 337, subd. 2, 344. within THREE YEARS from the time when the cause of action accrued. C. C. P. 338, subd. 1. within FOUR YEARS. C. C. P. 337, subd. 2. within THREE YEARS from the time when the cause of action accrued. C. C. P. 338, subd. 2. 1482 HILLYER*S LEGAL MANUAL. Trespass — Replevin — Personal Property. An action for taking, detaining or injuring goods and chattels, or for spe- cific recovery of personal property, must be brought Conversion. Action for damages for conversion of personal property must be brought Fraud. Action for relief on the ground of fraud must be brought Mistake. Action for relief on the ground of mistake must be brought within THREE YEARS from the time when the cause of action accrued. C. C. P. 338, subd. 3. within THREE YEARS from the time the cause of action accrued. C. C. P. 338, subd. 3. within THREE YEARS after the dis- covery of the facts constituting the fraud. C. C. P. 338, subd. 4. within THREE YEARS after the dis- covery of the facts constituting the mistake. C. C. P. 339, subd. 4. Contract — Obligation — Liability — Not in Writing. Action upon a contract, obligation or w^ithin TWO YEARS from the time the liability not founded on an instrument cause of action accrued. C. C. P. 339, in writing, must be brought subd. 1. Instrument Executed Out of the State. An action upon an instrument in writ- ing executed out of the State must be commenced within TWO YEARS from the time the cause of action accrued. C. C. P. 339, subd. 1. Action Against Sheriff for Money Collected on Execution. An action against a sheriff for the within TWO YEARS from the time nonpayment of money collected upon when the cause of action arose. C. C. an execution must be commenced P. 339, subd. 2. Action Against Coroner for Money Collected on Execution. An action against a coroner for the within TWO YEARS from the time nonpayment of money collected upon when the cause of action arose. C. C. an execution must be commenced P. 339, subd. 2. Action Against Sheriff. An action against a sheriff upon a liability incurred by doing an act in his official capacity, or by omission of an oflficial duty, except an action for an escape, must be commenced within TWO YEARS from the time when the cause of action arose. C. C. P. 339, subd. 2. TIME TABLE. 1483 Action Against Coroner. Au action against a coroner upon a liability incurred by doing an act in his official capacity, or by omission of an official duty, must be commenced Action Against Constable. .An action against a constable upon a liability incurred by doing an act in his official capacity, or by omission of an official duty, except an action for an escape, must be commenced Money Collected on Execution. An action against a constable for the nonpayment of money collected upon an execution must be commenced Penalty or Forfeiture. An action for a statutory penalty or forfeiture accruing to an individual, or to an individual and the State, must, unless otherwise prescribed, be com- menced within TWO YEARS from the time when the cause of action arose. C. C. P. 339, subd. 2. within TWO YEARS from the time when the cause of action arose. 0. C. P. 339, subd. 2. within TWO YEARS from the time when the cause of action arose. C. C. P. 339, subd. 2. within ONE YEAR from the date when the cause of action accrued. C. C. P. 340, subd. 1. Forfeiture to State — Bail Bond — Undertaking in a Criminal Action. An action upon a suit for a forfeit- within ONE YEAR from the time when ure or penalty to the people of the the cause of action accrued. C. C. P. state must be commenced 340, subd. 2. Undertaking in Criminal Actions. An action upon an undertaking in a criminal action must be commenced Libel. An action for menced libel must be eom- Slander. An aiction for slander must be com- menced Death by Wrongful Act. An action for death caused to one by the wrongful act of another must be commenced within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 2. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time the cause of action accrued. C. C. P. 340, subd. 3. 1484 hillyer's legal manual. Death hy Negligence. An action for death caused to one by the negligence of another must be com- menced Injury by Negligence. An action for injury caused to one by the negligence of another must be commenced Assault. An action for assault must be com- menced Battery. An action for battery must be com- menced False Imprisonment. An action for false imprisonment must be commenced Seduction. An action for seduction must be com- menced Injury by Wrongful Act. An action for injury caused to one by the wrongful act of another must be commenced within ONE YEAR from the time the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time the cause of action accrued. C. C. P. 34Q, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P.. 340, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 3. Depositor Against Bank on Forged or Raised Check. An action against a bank by a de- within ONE YEAR from the time when positor for the payment of a forged or the cause of action accrued. C. C. P. raised check must be commenced 340, subd. 3. Escape. An action against a sheriff or other officer for the escape of a prisoner, ar- rested or imprisoned on civil process, must be commenced within ONE YEAR from the time when the cause of action accrued. C. C. P. 340, subd. 4. Municipal Corporation — Damage to Property by Mob or Riot. An action against a municipal cor- within ONE YEAR from the time when poration for damages or injuries to the cause of action accrued. C. C. P. property caused by a mob or riot must 340, subd. 5. be commenced TIME TABLE. H85 Tax Collector — Replevin — Conversion. An action against an ofl&cer to re- cover property seized by such officer in his official capacity as tax collector, or the price or value thereof, or damages for the seizure, detention, sale of or in- jury to property seized or for damages to personal property in making such seizure, must be commenced within SIX MONTHS from the time when the cause of action accrued. C. C. P. 341, subd. 1. Stock Sold for Delinquent Assessment. An action to recover stock sold for a delinquent assessment, as provided in section 347 of the Code of Civil Pro- cedure, must be commenced within SIX MONTHS from the time when the cause of action accrued. C. C. P. 341, subd. 2. Claims Against a County. An action against a county on a claim rejected by the board of supervisors must be commenced within SIX MONTHS after the first re- jection thereof by said board. C. C. P. 342. Belief not Otherwise Provided. An action for relief not otherwise specially provided for must be com- menced within FOUR YEARS after the cause of action accrued. C. C. P. 343. Action by the State. Actions brought in the name of the state, or for the benefit of the state, must be brought ■within the SAME TIME as actions by private parties, unless otherwise pro- vided. C. C. P. 345. Patients at State Hospital. An action for the recovery of money due on account of the presence of patients at state hospitals must be com- menced within THREE YEARS after the cause of action accrued. C. C. P. 345. Action to Redeem Mortgage. An action to redeem a mortgage of real property may be brought against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an ad- verse possession of the mortgaged prem- for FIVE YEARS after breach of some condition of the mortgage. C. C. P. 346. 1486 HILLYER S LEGAL MANUAL. Action for Recovei*y of Stock. Action to recover stock sold for de- linquent assessments, upon the ground of irregularity in the assessment, irreg- ularity or defect of the notice of sale, or defect or irregularity in the sale, must be commenced and summons issued Deposit With Bank. To an action brought to recover money or other property deposited with any bank, trust company or savings and loan society, within SIX MONTHS after such sale was made. C. C. 347. there is no limitation. C. C. P. 348. Action Under "Local Improvement Act of 1901." An action to contest an assessment levied under the t^rms of the "Local Improvement Act" must be commenced within THIRTY DAYS after the entry upon the minutes of the legislative body of the^ municipality of the resolution provided for in section 87, Local Im- provement Act. C. C. P. 349. See sec. 352. Death of Party — Action by Representatives. after the expiration of that time and within SIX MONTHS from his death. C. C. P. 353. If a person who is entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, the action may be commenced by his representatives Death of Party — ^Action Against Representatives. If a person against whom an action after the expiration of that time, and may be brought die before the expira- tion of the time limited for the com- mencement thereof, and the cause of action survive, an action may be com- menced against his representatives New Action Where Judgment Reversed. If an action is commenced within the time prescribed therefor, and a judg- ment therein for the plaintiff be re- versed on appeal, the plaintiff may com- mence a new action within ONE YEAR after the issuing of letters testamentary or of adminis- tration. C. C. P. 353. within ONE YEAR after the reversal. C. C. P. 355. Where Judgment Reversed — Action by Representatives. If an action is commenced within the time prescribed therefor, and a judg- ment therein for the plaintiff be re- TIME TABLE. 1487 versed on appeal, and the plaintiff die, and the cause of action survive, his representatives may commence a new- action within ONE YEAB after the reversal. C. C. P. 355, 356. Actions Against Directors. Actions against directors of a corpo- ration to recover a penalty or forfeit- ure imposed, or to enforce a liability created by law, must be brought Actions Against Stockholders. Actions against stockholders of a corporation to recover a penalty or for- feiture imposed, or to enforce a lia- bility created by law, must be brought Action by Taxpayers for Injunction. An action to obtain a judgment re- straining and preventing any illegal expenditure of, waste of, or injury to property of a county, town, city, city and county, when brought by a citizen resident who has paid a tax thereon, must be brought Proceedings to Contest an Election. Proceedings to contest an election, except on the ground of bribery, must be brought within THREE YEARS after the dis- covery by the aggrieved party of the facts upon which the penalty or for- feiture attached or liability was created. C. C. P. 359. within THREE YEARS after the dis- covery by the aggrieved party of the facts upon which the penalty or for- feiture attached or liability was created. C. C. P. 359-361. within ONE YEAR after the payment of the taxes. C. C. P. 526a, 527: within THIRTY DAYS after the decla- ration of the result of the election.- C. C. P. 1115. Proceedings to Contest Election on Ground of Bribery. Proceedings to contest an election on the ground of bribery must be brought Election Contests in Case of Tie Vote. In case of tie vote, contest must be commenced within SIX MONTHS after the declara- tion of the result of the election. C. C. P. 1115. within TWENTY DAYS after declara- tion of the vote by the canvassing board. C. C. P. 1124. Foreclosure of Mechanics' Liens — Giving Credit. Giving credit cannot extend the time ONE YEAR from the time the work is to commence foreclosure proceedings on completed. C. C. P. 1190. a mechanic's lien longer than 1488 HILLYER'S LEGAL MANUAL. For Recovery of Preferred Claim in Attachment or Execution. Where claim for wages in attachment within TEN DAYS after denial. or execution proceeding is disputed, P. 1206. action to recover the demand must be commenced C. C. Rejected Claims in Probate. Suit must be brought on a rejected claim Action to Set Aside Probate Sale. An action to recover an estate sold by executor or administrator at probate sale must be brought Action to Set Aside Probate Sale. An action to set aside a probate sale instituted at any time Specific Performance — Probate. Where petition to a probate court to compel a conveyance is dismissed, suit for specific performance may be com- menced Action on Guardian's Bond. Action on guardian's bond must be commenced within THREE MONTHS after service of notice of rejection if the claim be then due, otherwise within TWO MONTHS after it becomes due. C. C. P. 1498. within THREE YEARS next after the settlement of the final account. C. C. P. 1573. within THREE YEARS from the dis- covery of the fraud or other grounds upon which the action is brought; or if the plaintiff is under disability when the right of action accrues, then THREE YEARS after the disability. C. C. P. 1573, 1574. within SIX MONTHS thereafter. C. C. P. 1602. within THREE YEARS from the dis- charge or removal of guardian, or after removal of the disability of the party suing. C. C. P. 1805. Action for Recovery of Estate Sold by Guardian. Action for the recovery of any estate within THREE YEARS after the ter- sold by guardian must be commenced Annulment of Marriage for Nonage. Action for may be brought on the ground of nonage of contracting party by the party to the marriage who was married under the age of legal consent mination of the guardianship, or from the removal of the disability of the party suing. C. C. P. 1806. within FOUR YEARS after arriving at the age of consent. C. C. 83, subd. 1. TIME TABLE. 1489 Annulment of Marriage for Nonage, Action by Guardian. Action on grounds of nonage may be brought by a parent, guardian or other person having charge of such nonage male or female, Annulment of Marriage for Bigamy. Action on ground of former spouse living may be brought by such former husband or wife, or by either party during Annulment of Marriage for Insanity. Action on the ground that either party was of unsound mind may be brought by the party injured, or rela- tive or guardian of the party of un- sound mind, Annulment of Marriage for Fraud. Action on the ground that consent to the marriage was obtained by fraud may be brought by the party injured, at any time before such married minor has arrived at the age of legal consent. C. C. 83, subd. 1. the life of the other. 2. C. C. 83, subd. at any time before the death of either party. C. C. 83, subd. 3. within FOUR YEARS after the discov- ery of the facts constituting the fraud. C. C. 83, subd. 4. Annulment — Wliere Marriage Obtained by Force. Action on the ground that consent within FOUR TEARS after the mar- to marriage was obtained by force may riage. C. C. 83, subd. 5. be brought by the injured party, Annulment — Physical Incompetence. Action on the ground that party was physically incapable may be brought by the injured party, Divorce for Adultery. When the cause is adultery the action must be commenced Divorce for Felony. When the cause is conviction of felony, the action must be commenced before the Divorce in Other Cases. In all other cases the action is barred when there is 94 within FOUR YEARS after the mar- riage. C. C. 83, subd. 6. within TWO YEARS after the commis- sion of the act of adultery, or after its discovery by the injured party. C. C. 124, subd. 1. expiration of TWO YEARS after a par- don, or the termination of the period of sentence. C. C. 124, subd. 2. an unreasonable lapse of time BEFORE THE COMMENCEMENT OF THE AC- TION. C. C. 12-4, subd. 3. 1490 HILLYER'S LEGAL MANUAL. Inquiry "by State into Corporate Existence. No inquiry may be made by the state for TEN consecutive YEARS. as to the due incorporation of any com- 358. pany which has been doing business in good faith as a corporation C. C. Liability of Master for Breach of Covenant. Action against a master on the inden- ture for a breach of any covenant thereof may be brought Foreclosure of Logger's Lien. Claimant of logger's lien must bring suit to foreclose during the minority of the apprentice or may be commenced by him in his own name at any time within TWO YEARS after his coming of age. C. C. 273. within Thirty Days from tbe time such labor is completed. C. C. 3065. Murder, Embezzlement of Public Moneys or Falsification of Public Records. Prosecution for murder, embezzle- no limit. P. C. 799. ment of public moneys and falsification of public records Other Felonies. An indictment for any other felony than murder, embezzlement of public money, or falsification of public records, must be found, or an information filed, Misdemeanor. An indictment or information for misdemeanor must be found or filed within THREE YEARS after its com- mission. P. C. 800. within ONE YEAR after its commis- sion. P. C. 801. Statute of limitations. See Escheated Estates. STATUTES. When Bill Becomes a Law. If any bill presented to the governor shall not be returned within Bill not Returned by Grovemor. Every bill which has not been re- turned by the governor TEN DAYS after it shall have been presented to him, the same shall become a law, unless the legislature pre- vents such return, in which case it shall become a law, unless the governor within THIRTY DAYS after such ad- journment signs the same. within TEN DAYS thereby becomes a law. Pol. C. 313. TIME TABLE. 1491 When Effective. Every statute, unless a different time on the SIXTIETH DAY after its pas- is prescribed therein, takes effect sage. Pol. C. 323. Statutes. See Initiative. Statutes. See Referendum. Stay of execution. See Execution. Stay of proceedings. See Mandamus. Stay of proceedings in certiorari. See Certiorari. Stay of proceedings in procedendo. See Procedendo. Stay of proceedings in prohibition. See Prohibition. Stock. See Diminution of Capital Stock. Stock. See Proxies. Stock, action for recovery. See Statute of Limitations. Stockholders' liability. See Statute of Limitations. Stockholders ' meeting. See Diminution of Capital Stock. Stockholders' meeting to adopt by-laws. See By-laws. Stockholders' meeting to consider question of capital stock. See Banks. Stockholders ' meeting to create bonded indebtedness. See Creation of Bonded Indebtedness. STOCK IN TRADE. Notice of Intention to Sell. Notice of intention to sell, transfer FIVE DAYS before the sale. C. C. or assign stock in trade in bulk, must be 3440. filed STOLEN PROPERTY. Delivery to County Treasurer. Property stolen or embezzled must be before the expiration of SIX MONTHS delivered to the county treasurer and from the conviction of the person for sold, if not claimed by the owner, stealing or embezzling. P. C. 1411. Subcontractors' liens. See Mechanics' Liens. Subletting. See Unlawful Detainer. Subpoena. See Depositions. Substituted bail. See Arrest and Bail. Succession. See Aliens. SUMMONS. Service by Publication on Defendant Without the State. Publication against a defendant re- not less than TWO MONTHS. C. C. P. siding out of the state, or absent there- 413. from, must be 1492 HILLYER^S LEGAL MANUAL. Service by Publication, How Often. Publication of summons must be for such length of time as may be deemed reasonable at least ONCE A WEEK. C. C. P. 413. Posting in Actions to Determine Adverse Claims. In actions to determine adverse within THIRTY DAYS after issuance claims to real property, a copy of the of the summons. C. C. P. 750. summons must be posted on the prop- erty Publication in Actions to Determine Adverse Claims — Publication of Summons. Publication of summons in actions to once a week for TWO successive determine adverse claims to real prop- months. C. C. P. 750. erty must be Justice's Court — Issuance. Summons must issue within ONE YEAR after the filing of the complaint. C. C. P. 840. Justice's Court — Waiver. Defendant may waive issuance of AT ANY TIME after complaint filed, summons C. C. P. 841. In Civil Actions in Police Court — Issuance and Return. Summons in civil actions in police not exceeding FOUR DAYS from the courts must be issued immediately after date of its issuance. C. C. P. 930. filing the complaint, and must be re- turnable at any time designated. Against Joint Debtor — ^When Returnable. Summons against joint debtor must WITHIN THE SAME TIME as ori gi- be returnable nal summons. C. C. P. 990. In Unlawful Detainer. Summons in unlawful detainer must require the defendant to appear and answer within THREE DAYS after the service of the summons upon him. C. C. P. 1167. Against Corporation in Criminal Case — Appearance. Upon an information or presentment than TEN DAYS after the issuance of against a corporation, the summons the summons. P. C. 1390. must require the corporation to appear at a time not less Against Corporation in Criminal Case — Service. Said summons must be served at least FIVE DAYS before the day of appear- ance. P. C. 1392. TIME TxVBLE. 1493 In Police Court Against Corporation. Summons against a corporation upon TEN DAYS after the issuing of the complaint in the police court must re- summons, and must be served FIVE quire it to appear and answer at a time DAYS before the day of appearance, not less than P. C. 1427, 1390, 1392. Summons. See Alias Summons. Summons. See Appearance. Summons. See Foreclosure (of Delinquent Purchasers of State Lands). Summons. See Opening Default. Summons, dismissal for nonissuance. See Dismissal. Summons, dismissal for nonservice. See Dismissal. Summons in actions to determine adverse claims. See Actions to Determine Adverse Claims. Summons in McEnerney actions. See McEnerney Actions. Summons on cross-complaint. See Cross-complaint. Supplemental pleadings to enforce judgment. See Judgment. SUPPLEMENTARY PROCEEDINGS. Order of Examination After Execution Returned. Order of examination of judgment at any time after return OF EXECU- debtor may be made TION UNSATISFIED IN WHOLE OR IN PART. C. C. P. 714. Order of Examination on Affidavit. Order of examination of judgment AFTER ISSUING EXECUTION. C. debtor may be made on proof by aflS- C. P. 714. davit that the debtor has property which he unjustly refuses to apply to the satisfaction of the judgment. Order of Examination of Debtor of Judgment Debtor, etc. Order of examination of debtor of after the issuing or return of the exe- judgment debtor may be made cution. C. C. P. 717. Support of prisoner. See Arrest and Bail. Supreme Court. See Calendar. SURETIES. Notice to Executor or Administrator to Appear at Hearing of Citation to Sure- ties. Notice to an executor or adminis- AT THE SAME TIME as the citation trator to appear at the hearing of a to the sureties. C. C. P. 1394. citation to sureties, where insufficient, must be issued 1494 hillyer's legal manual. Citation to Executor or Administrator to Give Further Security. Citation to an executor or adminis- at least FIVE DAYS before the return trator to give further security must be day. C. C. P. 1398. served Citation to Executor or Administrator to Give Further Security. An order requiring an executor or not less than FIVE DAYS. C. C. P. administrator to give further security, 1399. or file a new bond, must allow him a reasonable time Where Corporate Surety's Liabilities Exceed Assets. Whenever the liabilities of a corpo- in SIXTY DAYS, and if not so paid, a rate surety exceeds its assets, the in- certificate showing the deficiency shall surance commissioner shall require the be published ONCE A WEEK for deficiency to be paid up THREE WEEKS. C. C. P. 1056. Filing New Undertaking Where Surety has Become Insufficient. Whenever any surety upon an under- UPON NOTICE. C. C. P. 1057, taking has become insufficient, the court may order a new undertaking in lieu thereof Sureties, judgment against. See Judgment. Surprise. See Opening Default. Surrender by bail. See Bail. Surrender of defendant by bail. See Arrest and Bail. Suspension of officer. See Accusation Against Officer. SUSPENSION OF SENTENCE. Commitment to Institution. Where judgment is suspended on eon- period of TWO MONTHS, to be further viction of a minor, the court or judge extended by the court or judge, should may commit such minor to the custody it be deemed advisable. P. C. 1388. of the officers or managers of any strictly nonsectarian charitable corpora- tion, conducted for the purpose of re- claiming such minors, for a Suspension of sentence. See Probation. Taking defendant before magistrate. See Arrest. Tax collector, action against. See Statute of Limitations. Taxpayer, action by. See Statute of Limitations. Temporary restraining order. See Injunction. TIME TABLE. 1495 TENANCY. Presumed Monthly. Hiring of lodgings or dwelling-house, is presumed to be MONTHLY. in the absence of any agreement re- 1944. specting the length of time, or the rent. C. C. Holding Over. Where lessee holds over and lessor accepts rent, the hiring is presumed re- newed on the same terms and for the same time, Rent, When Payable. In the absence of usage or contract to the contrary, rents are payable at the termination of the holding. Rent, When Payable. If holding is by the day, week, month, quarter or year, rent is payable Notice to Landlord of Proceedings. A tenant who receives notice of any proceeding to recover real property oc- cupied by him, or the possession there- of, not exceeding ONE MONTH, when the rent is payable monthly, nor in any case one year. C. C. 1945. when it does not exceed ONE YEAR. C. C. 1947. at the termination periods. C. C. 1947. of the respective must inform his landlord of the same immediately. C. C. 1949. Tenancy. See Landlord and Tenant. Tenancy at will. See Landlord and Tenant. Tenancy at will. See Unlawful Detainer. Tenant of agricultural lands. See Unlawful Detainer. TERMINATION OF LIFE ESTATE. Petition for Termination. Petition for termination of life es- tate must be heard upon such notice by publication or otherwise as the court may order. C. C. P. 1723. Termination of tenancy. See Landlord and Tenant. TESTIMONY. Filing Copy. Copy of testimony taken before the grand jury must be filed with the clerk within TEN DAYS after the filing of the indictment and delivered to the de- fendant upon his arraignment. P. C. 925. 1496 hillyer's legal manual. Application to Take Testimony Conditionally, in Criminal Action. Application to take the testimony of upon THREE DAYS' notice to the oppo- a witness conditionally must be made site party. P. C. 1338. Testimony. See Sentence. THIRD PARTY CLAIM. On Attachment — Indemnity Against. Indemnity against a tliird party claim on DEMAND. to property taken under attachment must be furnished the sheriff C. C. P. 549, 689. Indemnity Against Third Party Claim. Where property levied upon claimed by a third party, the judgment creditor must indemnify the sheriff against such claim Objections to Undertaking. A judgment creditor may object to the undertaking given to obtain release of property taken under execution, and claimed by other than the judgment debtor, is on DEMAND. C. C. P. 689. within TEN DAYS after the service of a copy of the undertaking upon the judgment creditor, or his attorney. C. C. P. TllVa. Justification of Sureties. Where the sureties on an undertaking given to secure the release of property taken under execution are objected to, they must justify Undertaking — Insuflacient Estimate. Where objection is made to an under- taking given to secure the release of property taken under execution, on the ground that the estimate value is in- sufficient, the person giving the under- taking may move the court to estimate the market value upon TEN DAYS' notice to the judg- ment debtor, or his attorney. C. C. P. 712. upon TEN DAYS' notice to the judg- ment creditor. C. C. P. 712. Third party claim. See Claim and Delivery. Threshers' lien. See Lien of Thresher. Time, extensions of. See Extensions of Time. TIME TABLE. 1497 TRADEMARK. Recordation. Trademark must be recorded within THIRTY DAYS after the com- mencement of the use thereof, or at any- time before the filing of such trademark by any other person, firm or corporation. Pol. C. 3197. Transcript, correction of. See Appeal from Superior Court in Criminal Cases. ' Transcription of notes on death or illness of reporter. See Appeal from Superior Court in Criminal Cases. Transcript of judgment. See Lien of Judgment. Transcript on appeal. See Appeal from Superior Court. TRANSFER OF ACTION TO SUPERIOR COURT. When Jurisdiction Attaches. In actions transferred to the Superior Court involving title or possession to real property, legality of any tax, im- post, assessment, toll or municipal fine, jurisdiction of the Superior Court at- taches FROM THE TIME OF FILING the pleadings and transcript with the clerk of the Superior Court. C. C. P. 838. Transfer of custody. See Removal of Trial. Transmission of record in criminal cases. See Appeal from Superior Court in Criminal Cases. Transmission of records. See Appeal to Superior Court. Trespass. See Statute of Limitations. Justice's Court, Notice of Trial. Notice of trial must be served TRIAL. Justice's Court — One Hour Wait. Unless both parties have appeared, and the justice's presence is engaged in the trial of another case, a party need not wait longer Justice's Court — Commencement. Unless postponed, trial must com- mence FIVE DAYS before the day set for trial, when personally served, and TEN DAYS when served by mail. C. C. P. 850. than ONE HOUR after the time fixed in the notice of hearing of trial. C. C. P. 850. at the expiration of ONE HOUR from the time specified in the notice. C. C. P. 873. 1498 hillyer's legal manual. In Police Court. Civil actions in Police Courts must IMMEDIATELY AFTER ANSWER. be tried C. C. P. 931. Preparation for in Criminal Cases. After plea the defendant is entitled at least TWO DAYS to prepare for to trial. P. C. 1049. Trial. See Insane Persons. Trial. S6e Mandamus. Trial before referee, exceptions. See Bill of Exceptions. Trial, notice of. See Notice of Trial. Trustee for estate of missing person. See Estates of Missing Persons. TRUSTEES. Order to Account. Trustee must be ordered to appear within SIX MONTHS prior to such ap- and render account on application of plication. C. C. P. 1699. beneficiary, where no account has been rendered Resignation. Resignation of trustee may be ac- cepted upon notice by posting of not less than TEN DAYS. C. C. P. 1702. Application to Appoint. Notice of application to appoint a trustee to fill a vacancy must be given by publication in a weekly newspaper, on at least Tunnel location. See Mining. THREE DIFFERENT DAYS of publi- cation, or if published oftener than once a week, so that there will be at least TEN DAYS from the first to the last day of publication, both days being included, or if there is no news- paper in the county, by posting at least TEN DAYS before the hearing. C. C. P. 1702. UNCLAIMED BAGGAGE. Sale by Innkeeper. Innkeeper may sell unclaimed bag- period of SIX MONTHS. C. C. 1862. gage which has remained unclaimed for Owner's Claim to Balance After Sale. Owner may claim balance of s: from the county within ONE YEAR after its payment into the county treasury. C. C. 1862. TIME TABLE. 1499 Unclaimed baggage. See Unclaimed Property. Unclaimed moneys in hands of public administrator, ministrator. See Public Ad- UNCLAIMED PROPERTY. Notice of Sale. Notice of sale of unclaimed baggage must be published ONCE A WEEK for FOUR successive weeks. C. C. 1862. Time of Sale. Sale of unclaimed baggage must not be made until Payment of Balance into Treasury. Balance arising from such sale must be paid into the county treasury unless claimed by rightful owner Sale of. Unclaimed property may be sold to pay freight and charges by a common carrier, commission merchant, innkeeper or warehouseman Disposition of Surplus. Surplus received on sale must be paid over to owner on demand at any time Pasrment of Balance into Treasury. The surplus must be paid to the county treasurer, subject to the order of the owner. In Hands of Probate Agent — Sale of. Where personal property remains in the hands of an agent appointed by the court, it may be sold Notice of Hearing Petition for Sale. Notice of hearing must not be after expiration of FOUR WEEKS after the first publication of notice of sale. C. C. 1862. within ONE WEEK from the date of sale. C. C. 1862. within SIXTY DAYS after the receipt thereof of said notice of sale, as is cus- tomary in sales of goods by auction at the place where said goods are held or stored. Pol. C. 3153. within SIXTY DAYS after the sale. Pol. C. 3153. within SIXTY DAYS of the sale. C. 3154. Pol. where unclaimed for ONE YEAR. C. P. 1693. less than TEN DAYS. C. C. P. 1699. C. Undertaking for continuance. See Postponement. Undertaking in action to set aside fraudulent conveyances. Fraudulent Conveyances. Undertaking in criminal action. See Statute of Limitations. Undertaking on appeal. See Appeal from Superior Court. Undertaking on appeal. See Appeal to Superior Court. See 1500 HILLYER'S LEGAL MANUAL. Undertaking on appeal, judgment on. See Judgment. Undertaking on attachment. See Attachment. UNDERTAKING TO KEEP THE PEACE. How Long Binding. Undertaking to keep the peace is SIX MONTHS. P. C. 706. binding for UNLAWFUL DETAINER. When Notice to Quit may be Served. Notice to pay rent or quit may be within ONE YEAR after the rent be- served comes due. C. C. P. 1161, subd. 2. Holding Over by Tenant of Agricultural Land. Tenant of agricultural land who holds over after expiration of the term, with- out notice to quit, Notice to Perform Conditions. Notice to perform conditions or cove- nants for SIXTY DAYS shall be entitled to hold for another full year. C. C. P. 1161, subd. 2. must be a THREE DAYS' notice. C. C. P. 1161, subd. 3. Notice to Quit for Breach of Covenant Against Assigning. Notice to quit for breach of covenant must be a THREE DAYS' notice. C. C. against assigning, subletting or commit- P. 1161, subd. 3. ting waste Notice to Quit for Breach of Covenant Against Subletting. Notice to quit for breach of covenant against assigning, subletting or com- mitting waste Notice Terminating Tenancy at Will. Tenancy at will must first be termi- nated must be a THREE DAYS' notice. C. C. P. 1161, subd. 4. by THIRTY DAYS' notice. C. C. P. 1161; C. 789. Notice to Quit After Default in Payment of Rent. After default in payment of rent Possession, When a Bar. Quiet possession by defendant is a bar to proceedings which have con- tinued Execution, Issuance of. In unlawful detainer after default in the payment of rent, where the lease has not expired, execution must not issue THREE DAYS' notice must be served. C. C. P. 1161, subd. 2. for the. space of ONE WHOLE YEAR next before the commencement of the proceedings. C. C. P. 1172. until FIVE DAYS after entry of judg- ment. C. C. P. 1174. TIME TABLE. 1501 Relief from Forfeiture. Relief against forfeiture may be within THIRTY DAYS after the for- granted by the court where application feiture is declared by the judgment, therefor is made C C. P. 1179. Unlawful detainer. See Forcible Detainer. Unlawful detainer. See Forcible Entry. Unlawful detainer. See Summons. Unlawful detainer, answer in. See Answer. Unlawful detainer, demurrer in. See Demurrer. Vacating default. See Opening Default. Vacating judgment. See Motion to Vacate Judgment and Enter a Different Judgment. Vacating office. See Judgment. Validating defective acknowledgments. See Acknowledgments. VERDICT. Entry. Entry of verdict must be made UPON RECEIPT thereof. C. C. P. 628. Verdict. See Mandamus. Vessels, actions against. See Execution Sales. Vesting community property. See Community Property. Vesting homestead. See Homestead. Void grants. See Statute of Limitations. Void letters patent. See Statute of Limitations. Wages. See Preferred Claims. Wages, preferred claim. See Statute of Limitations. Waiver of summons. See Summons. Want of prosecution. See Dismissal. Warehouseman. See Lien of Commission Merchant or Warehouseman. Warehouseman. See Unclaimed Property. Warranty. See Damages. Water. See Appropriation. Waters. See Injunction. Will contests. See Contest After Probate. Will, foreign. See Probate of Foreign Will. Will, lost. See Probate of Lost Will. Wills. See Probate of Wills. Withdrawal of articles of incorporation. See Articles of Incorpora- tion. Withhold notice. See Mechanics ' Liens. Witness. See Perpetuation of Testimony. Witness. See Testimony. 1502 HILLYER^S LEGAL MANUAL. WRITING. Notice to Produce. Notice to adverse party to produce a REASONABLE NOTICE. C. C. P. writing in his custody must be 1938. Writing. See Copy of Account. Writing. See Handwriting. Writing. See Inspection of Writing. Writ of attachment. See Attachment. Writ of execution. See Execution. Writ of habeas corpus. See Habeas Corpus. Writ of mandate. See Mandamus. Writ of review. See Certiorari. Written instrument. See Genuineness and Due Execution. Written instrument. See Statute of Limitations. Wrongful act. See Statute of Limitations. Wrongful occupation. See Damages. INDEX. (1503) INDEX. [References are to Pages.] Accounts, excise tax law of 1909, 128. American Experience Table of Mortality, 29. Annual license tax — Foreign corporations, 57. Anti-trust law — ^Cartwright Act, 184. Anti-trust law — ^^Sherman Act, 183. Apothecaries' weight, 23. Avoirdupois weight, 23. BANK ACT, CALIFORNIA, 190. Act, when effective, 265. Action to enforce stockholders' liability, 255. Action upon rejected claims, 256. Action to procure judgment dissolving corporation, 253. Acts forbidden to banks other than savings, 216. Additional deposits by trust companies with state treasurer, 242. Advertising capital stock, 199. Affidavit to collect deposit under $500, 201. Agent, liquidation by, 259. Annual statement of unclaimed deposits, 199. Appeal, 259. Appointment of examiner, 248. Appraisement of securities, 227. Appraisement of securities by superintendent, 247. Articles of incorporation and consolidation, 210. Assessment to repair deficiency, 252. Auditor for foreign bank, 248. Bank and trust business may be combined, 205. Bank defined, 190. Bank premises, 236. Bank, use of word forbidden, 195. Banker, use of. word forbidden, 195. Banking forbidden to those not reporting, 196. Banking, use of word forbidden, 196. Banks must be corporations, 191. Biennial statement of deceased depositors, 199. Bond issue, investigation of, 227. Bonds legal for investment in New York or Massachusetts, 225. Bonds, legal investments for savings banks, 220. Bonds of public utilities, 227. Bonds to be carried at what value, 226. Borrowing power, restriction, 204. Branch banks, approval of, 194. 95 (1505) 1506 INDEX. [References are to Pages.] BANK ACT, CAIilFORNIA— Continued. Branch banks, capital, 195. Branch banks, certificate of authority, 195. Building and loan associations, acts permitted, 196. Building and loan asociations, examination, 198. Building and loan associations, name, 196. Bulletin board, 263. Call for reports, 251, Call for stockholders' meeting by superintendent, 253. Capital, impairment or reduction of, 252. Capital of savings bank, 202. Capital of title insurance company doing trust business, 245. Capital of trust company doing departmental business, 245. Capital stock, advertising, 199. Capital stock of commercial banks, 235. Capital stock of savings banks, 219. Certificate of authority, 194. Certificate of authority, grounds for withholding, 248. Certificate of authorization, 249. Certificate of conformity, 226, 228. Certificate of stock, 217. Certificate, when required, 197. Certificates of deposit, partial payments on, 204. Certified check to be immediately charged, 216. Certifying checks, 216. Chief deputy of superintendent, 246. Claims in liquidation, 257. Classes, 191. Commencement of business, 249. Commercial banks, 233. Commercial bank defined, 191. Commercial business defined, 190. Commercial, use of word, 208. Commissions on loans, 213. Completion of liquidation, 259. Compromise of judgment against stockholder, 255. Consolidated bank, unclaimed deposits in, 20'0. Consolidation, 210. Contents of safes, disposition on liquidation, 258. Counsel, 256. Court trusts, 243. Creation of debt construed, 218. Creditor's action against stockholder, 255. Deceased depositors, statement of, 199. Department accounts, 207. Department assets, 208. Department certificate, 207. Departmental business, capital stock of, 205. INDEX. 1507 [References are to Pages.] BANK ACT, CALIFORNIA— Continued. Departmental business, segregation of capital and surplus, 205. Deposit by married woman or minor, 200. Deposit in trust, 201. Deposit until further order of court, 216. Deposit with state treasurer, 240. Deposits by public administrators, 239. Deposits in transferred bank, 200. Deposits subject to order of court, 239. Deposits, unclaimed, 199. Deposits under $500, 201. Depository bank, designation of, 214. Depository bank, reserve of, 203. Directors, notice showing, 202. Directors, qualifications of, 195. Discontinuance of business by trust company, 244. Dissolution, action for, 253. Dissolution, voluntary, 261. Dividends, 203. Draft, savings banks may pay depositors by, 228. Effect of bank act, 264. Evidence of title of securities deposited with state treasurer, 243. Examination, 198. Examinations, 247. Examinations by directors, 262. Examiners, 248. Expenses of liquidation, 257. Experts, 256. Extra examination, 262. Extra examinations, 247. False entries, 213. Failure to report, penalty, 261. Foreign bank, loans by, 194. Foreign banks, assigned capital, 191. Foreign trust companies as executors, 193. Foreign trust company, agency of, 194. Foreign trust company to file articles, 193. Foreign corporations as trustees .of bond issues, 238. Forfeitures, 264. Formation, 191. Funds of foreign banks, 192. General provisions, 190. Governor, report to, 262. Guaranteeing bond issues, 213. Guardian, collection of deposit by, where account under $500, 202. Impairment of capital, 252. Impaired reserve, 203. Inactive accounts, biennial statement of, 20O. 1508 INDEX. [References are to Pages.] BANK ACT, CALIFORNIA— Continued. Injunction against superintendent, 259. , Injunction to restrain bank acting without certificate, 197. Injunction to restrain use of name, 197. Interest on deposits subject to order of court, 240. Interest unpaid not included in profits, 215. Investments by trust company, 244. Investments made prior to act, 264. Investments of departments, 207. Investments prior to act, 226. Joint tenant, deposit by, 201. Jurisdiction, 260. Legality of investments, 264. Letters of guardianship to accompany affidavit, 202. Liability of State, 227. License. See Certificate of Authority. Life insurance and trust companies previously admitted, 198. Liquidation, 255. Liquidation by- agent, 259. Liquidation, voluntary, 260. List of claims, 257. Loan on capital stock forbidden, 212. Loans by commercial banks, 234. Loans by foreign banks, 192. Loans by foreign corporation, not banks, 198. Loans forbidden to commercial banks, 235. Loans, limit, 215. Loans on real estate, by commercial ban^s, 215. Loans on bills of lading, 234. Loans to directors or employees, 235. 1 Loans secured by stock of another bank, 214. Lost certificates, posting, 216. Losses, paid from surplus, 204. Married woman, deposit by, 200. Meetings of directors, 195. Minor, deposit by, 200. Mortgage certificates, legal investment for savings banks, 225. Mortgage of bank premises to state treasurer, 241. Mutual banks, issuance of capital stock by, 208. National reserve association, banks authorized to join, 219. National banks, examination of, 215. Neglect of examiner to report unsafe condition, 248. Nonadmitted assets, 204. Nondepository bank, 203. Notes, secured, legal investment for savings bank, 225. Notice of rejection of claims, 256. Notice of taking possession of unsound bank, 254. Notice to bailors, 258. INDEX. 1509 [References are to Pages.] BANK ACT, CALIFORNIA— Continued. Notice to present claims, 256. Notice to restore reserve, 203. Oath of directors, 195. Oath of examiner, 248. Oaths and affidavits by trust companies, 238. Objections to claims, 258. Office of superintendent of banks, 246. Opinions as to legality of securities, 227. Order to discontinue unsafe practices, 253. Order to show cause, 253. Overdrafts, 213. Paid-up capital in relation to liabilities, 202. Partial payments on certificates of deposit, 204. Penalties and forfeitures, 264. Personal property defined, 219. Population, how determined, 206. Possession of unsound bank, 254. Preference, 204. Preliminary examination, 249. Presentation of claims, 256, 257. Private trusts, 243. Proceedings to compel sale of real estate, 217. Publication of biennial statement, 200. Public moneys, 204. Purchase of assets o-f bank at less than current market value, 214. Purchase of obligation of bank at less than face value, 214. Eailroad corporation defined, 220. Eatification of consolidation, 211. Real estate defined, 219. Real estate to be disposed of, 217. Real property defined, 219. Reduction of capital, 252. Rejected claims, 256. Repealing clause, 265. Report of banks doing departmental business, 249. Report of examination 'by board of directors, 262. Report prima facie evidence, 264. Report to governor, 262. Reports by foreign banks, 251. Reports of trust companies to superintendent, 244. Reports to superintendent, 250. Reserve fund of savings bank organized without capital stock, 220. Reserve of department, 2^7. Reserve of depository bank, 203. Reserve of nondepository bank, 203. Reserve of savings bank, 202. 1510 INDEX. [References are to Pages.] BANK ACT, CALIFORNIA— Continued. Reserve, trust funds, 212. Resumption of business, 254. Safe deposit department, 209. Safes, contents, disposition of, 258. Sale of business, 209. Sale of stock for delinquent assessment, 252. Savings bank defined, 191. Savings bank business defined, 190. Savings bank, use of words forbidden, 195. Savings banks, 219. Savings banks, conditions of loans, 231. Savings banks, contract with depositors, 229. Savings banks, deposit by decedent, 232. Savings banks, deposits with commercial banks, 232. Savings banks, investments permitted, 220. Savings banks, loans to agents, 230. Savings banks, loans to directors or officers, 229. Savings banks may borrow money when, 228. Savings banks may issue certificates of deposit, 228. Savings banks, maximum amount of loans, 230. Savings banks, reserve, 232. Savings banks, reserve fund, 229. Savings banks, restrictions on, 228. Savings, use of word, 208. ' Savings, use of word forbidden, 196. School children, savings of, 195. Secrecy by trust company, 244. Secured loans, 234. Segregation of capital of trust companies, 237. Service of process on foreign banks, 193. Short title, 190. Special deputy superintendent, 256. Special reports to superintendent, 250. State banking department, 245. State banking fund, 247. Statement of condition, 251. State treasurer, deposit of unclaimed deposits, 200. Stockholders, list of, 202. Stockholders' meeting to determine whether superintendent shall continue as liquidato-r, 259. Stockholders, superintendent to ascertain character, 248. Stock purchases, 213. Stock, sale of for assessment, 252. Suit to restrain order to discontinue, 253. Superintendent, agent for service of process, 193. Superintendent, attorney for foreign trust company, 193. INDEX. 1511 [References are to Pages.] BANK ACT, CALIFORNIA— Continued. Superintendent of banks, 245. Superintendent's powers on liquidation, 255. Superintendent to approve consolidation, 211. Superintendent to take possession of unsound bank, 254. Superior court, jurisdiction of, 260. Surplus, 202. Surplus, accumulation of, 204. Surplus, conversion into capital, 204. Surplus of savings bank, 202. Surplus of trust companies, 238. Terms defined in Public Utilities Act, 225. Time certificates of deposit, 229. Title insurance and trust companies, capital, 245. Title insurance, not to be combined with bank, 205. Transactions forbidden, 213. Trusts classified, 243. Trust companies, 236. Trust companies, acts done prior to revocation of certificate, 243. Trust companies — Capital, 236. Trust companies, deposit with State treasurer, 240. Trust company defined, 191. Trust funds defined, 242. Trust funds, mingling, 212. Trust powers forbidden, 193. Trust, use of word, 208. Trust, use of word forbidden, 196, Trust company, use of words forbidden, 196 Trustee, use of word forbidden, 196. Unclaimed deposits, 199. Unclaimed deposits on liquidation, 260. Unclaimed dividends on liquidation, 26'0. Underwriting bond issues, 213. Unsecured loans, 233. Value, writing down, 218. Voluntary liquidation, 260. Voluntary dissolution, 261. Waiver of stockholder's liability, 213. Withdrawal of securities, 243. Writing off investments, 264. Bank Act, national, 265. See National Bank Act. Bankruptcy — General Orders, 1073. Banks in California, 366. Banks — Minimum capitalization, 52. Building and loan associations, 416. 1512 INDEX. [References are to Pages.] Calendar, 1914, 1. Calendar— Consolidated— 1890-1920, 7. Calendar — Inter-date, 10. California Bank Act, 190. See Bank Act, California. California banks, list, 366. California — Chronology of, 11. California Spanish land measure, 26. Capacity — Measure of — Metric system, 22. Capitalization — Banks and insurance companies, 52. CAETWRIGHT ACT, 184. Agreements permitted, 186. Books and papers, 186. Contracts in violation void, 187. Dissolution for violation, 185. Foreign corporations amenable, 186. Indictment, 186. Injunction, 186. Labor not a commodity, 188. Notice by attorney general, 187. Penalty, 186. Person defined, 188. Proof, 186. Provisions cumulative, 187. Suits by persons injured, 188. Title of act, 184. Trust certificates, 187. Trust defined, 184. Chronology of California, 11. Circular measure, 23. City taxes — Synopsis of laws, 180. CIVIL SERVICE ACT. Appointees, report of, 401. Appointments, 396. Classification of positions, 398. Creation of commission, 392. Definitions, 391. Depositions, 395. Duties of commission, 393. Efficiency records, 393. Employees, 392. Emergency appointments, 400. Examinations, 393, 399. Exempt positions, 398. False marking, 403. Headquarters, 392. INDEX. 1513 [References are to Pages.] CIVIL SERVICE ACT— Continued. Hearings, 394. Investigations, 393. Laborers, 401. Meetings, 396. Misdemeanor, 405. Official roster, 402. Payment of compensation by appointing power, 404, Pay-rolls, 402. Political assessments, 403. Political promises, 404. Political recommendation, 404. Probationary appointments, 398. Promotions, 400. Eeligious recommendation, 404. Eeport, 396. Eules, 394. Soliciting, 403. State officers, 396. Suspension, 401. Temporary appointments, 400. Tenure of office, 400. Witnesses, 395. Witness' fees, 405. Written charges, 401. Civil service, constitutional provisions, 391. CIVIL SERVICE RULES. Absence without leave, 413. Amendments to rules, 416. Applicants, 405. Applications, 405, Appointments, 410. Certifications, 408. Character, 405. Credentials, 405. Dismissals, 415. Efficiency records, 411. Eligible registers, 408. Emergency appointments, 411. Examinations, 406. Failure to respond, 409. Labor applications, 406. Leave of absence, 413. Meetings, 415. Promotion, 414. Public inspection, 416. Qualifications, 405. 1514 INDEX. [References are to Pages.] eiVIL SERVICE RULES— Continued. Eeduction in force, 413. Eeinstatement, 414. Eeport of appointment, 411. Temporary appointments, 410. Transfer, 414. Trials, 415. Waiver of certification, 409. Competition, unfair, 188. Consolidated calendar— 1890-1920, 7. Convenient equivalents — Water measurement, 28. Convicts — Table of credits to, 34. Credits to convicts — Table of, 34. Corporation fees and taxes, 52. Corporations — Annual license tax, foreign. Corporations — Foreign tax on stocks of, 58. Corporations liable to tax under excise tax law of 1909, 125. Corporations — Original license fees, foreign corporations, 56. Corporations — Table of organization fees, domestic, 54. County indebtedness, 1913, 182. County taxes — Synopsis of laws, 176. Cubic measure, 23. Currency Act — 1913, 334. Damage table, 30. i DEBRIS LAW. Act to create the California Debris Commission and regulate hydraulic min- ing in the State of California, 582. Affidavits, 584. Annual report, 583. Appointment, 582. California Debris Commission created, 582. Certain hydraulic mining permitted, 582. Commencement of works, 585, Compensation, 582. Duty of commissio-n, 582. Examination pending publication, 584. Favorable decisions within thirty days, 585. Hearings, 584. Hydraulic miners must file petition with Commission, 584. "Hydraulic mining," 583. Injurious hydraulic mining prohibited, 582. Improving navigability of rivers, 582. Joint petition, 584. Jurisdiction, 582. Mining claim owners requiring a common dumping ground, 584. Navigability of rivers, 584. Notice of petition, 584. INDEX. 1515 [References are to Pages.] DEBRIS LAW— Continued. Noting condition of navigable channels, 583. Order directing methods of mining conditions, etc., 585. Organization, 582. Plans, 582, 584. Plans, etc., to be submitted to commission, 585. Procedure, 582. Eules, 582. Surrender to United States of right to regulate the working, etc., 584. Surveys of storage sites for debris, reservoirs, etc., 583. Taxes on gross proceeds, 585. Use of other processes, etc., not affected, 584. Decisions, treasury — -Excise tax law, 125. Deductions allowed, excise tax law of 1909, 129. Depreciation — Excise tax law of 1909, 132. Depreciation in coals, minerals, etc., excise tax law of 1909, 134. DESERT LAND LAWS. Abandonment of project, 805. Assignment of entry, 806. Assignment recognized, 807. Declaration, 802. Desert lands, 803. Entryman hindered by withdrawal or irrigation project, 805. Entryman must be resident citizen, 805. Entry of desert lands restricted to surveyed public lands, 806. Expenditures, 804. Extension of time, 806. Map, 803. Notice of fraud, 807. Patent, 804. Patent to assignee, 807. Persons permitted to complete title notwithstanding contest, 807. Preference right, 806. Belief "of assignees in Imperial county, 807. Eights heretofore accrued, 804. Second desert land entry, 806. States affected, 803. DESERT LAND REGULATIONS. Actual tillage, 797. Afl&davit showing right to be excused, 801. Application for extension, 799. Contests and relinquishments, 800. Desert land entries within a reclamation project, 800. Engineer's report, 801. Entryman may proceed independently, 802. 1516 INDEX. [Beferences are to Pages.] DESERT LAND REGULATIONS— Continued. Pantrymen wlio expect to secure water from the government, 802. Extension of time for making annual proof, 801. Extension of time in submitting proof under certain conditions, 798. Fees and commissions, 800. Final certificate to heirs or devisees, 799. Final proof, 801. Final proof on entry prior to act of March 28, 1908, 799. Irrigation, cultivation and water rights, 796. Main and lateral ditches, 796. Making proof, 796. Notice of abandonment of project, 802. One-eighth portion irrigated, 796. Payments, 799. Persons affected, 800. Previous rulings vacated, 802. Eeclamation project carried to completion, 802. Relinquishments, 800. Steps required by laws of State for securing right to water, 797. Testimony, 796. Time not computed, 801. Where final proof not made within four years, 798. Where no final adjudication of water right can be secured, 798. Diagram of legal subdivisions of section, 26. , Divorce laws — Synopsis of, 37. DOLLAR A DAY PENSION ACT. Agents not entitled to compensation, except, 684. Checks to be transmitted by mail, 684. Commissioner to keep record and furnish copies, 684. Date of commencement, 683. Dates of payment, 684. Double pensions prohibited, 683. For service m Mexican war, 683. Fractional payments authorized, 684. Pensions — Allowed at age of sixty-two for service in Civil War — Allowed for disability, 683. Pensions to be paid without separate vouchers, except, 684. Present pensioners and applicants entitled, 683. Provisions extended to certain classes of beneficiaries, 684. Rank in service not considered, 683. Restriction, 683. Secretary to group pensioners, 684. Domestic weights and measures, 23. Dry measure, 23. - Employers' liability, 418. See Industrial Accidents. Excise tax law of 1909, 112. Excise tax law continued in force for part of 1913, 103. INDEX. 1517 [References are to Pages.] Excise tax law — Synopsis of decisions, 125. Experience table of mortality — American, 29. Federal corporation excise tax, 113. Federal income tax law — Scope and operation, 80. FEDERAL INCOME TAX LAW. Additional officials, 102. Additional tax, 85. Amendments to Eevised Statutes, 99. Annual list, 99. Annual return of corporations, 95. Appropriation, 102. Arbitrary assessment, 100. ) Assessments, 89. By whom tax withheld, 108. Capital stock — Eeturn of, 96. Certificate by member of partnership, 110. Certificate of foreign bond owner. 111. Certificate where corporation not subject to tax at source, 107. I Certificate where coupon not accompanied with certificate of owner, 107. Certificates claiming exemption, 105. Certificates to secure tax exemption on foreign items, 109. Corporate net income, 93. i Corporations — Assessment of, 98. Corporations — Payment of tax by, 98. Corporation tax, 92. Deductions allowed, 86. Deduction at source, treasury instructions, 104. Divulging information, 99. Excise tax continued in force temporarily, 103. Exemptions, 87. Expenses — Return of, 96. False return — Penalty, 98. First collecting agency, 105. Fiscal agencies, 105. Foreign insurance company — Net income, 94. Foreign items — Eecord by licensee, 109. Form of returns, 88. Future contracts to release payment, 91. Gross income — Return of, 96. ! Indebtedness — Return of, 96. Inspection of returns, 98. Interest coupons not taxed at the source, 106. Interest — Return of, 97. Interest when deducted as expense, 93. Invalid provisions, 104. Investigations, 99. Jurisdiction of District Courts, 101. 1518 INDEX. [References are to Pages.] TEDEEAL INCOME TAX LAW— Continued. License to collect foreign payments, 91. List of tax collections on foreign items, 108. Losses — Keturn of, 96. Mutual fire insurance companies — Net income, 93. Mutual fire insurance companies — Return, 96. Mutual marine insurance companies — Net income, 93. Mutual marine insurance companies — Eeturn, 96. Neglect to make return — Penalty, 91. Net income defined, 86. Net income — Eeturn of, 97. Net income, what excluded, 87. Nonresidents, net income of, 87. Nonreturn, penalty, 98. Normal income tax, 85. Omission to obtain license to collect foreign items — Penalty, 109. Partnerships, 110. Payment at source, 89. Payment at source restricted to normal tax, 91. Period of computation, 95. Philippines, 101. Porto Rico, 101. Provisions continued in force, 101. Receipts for taxes, 101. Refusal to make return — Penalty, 91. Registered interest, 105. Returns, 87. Returns, form of, 88. Returns — Inspection of, 98. Returns — Transmission of, 97. Rules and regulations, how prescribed, 91. State defined, 98. Taxes — Return of, 97. Tax, how computed, 87. Temporary certificate, 112. Treasurer's instructions, 104. When act effective, 104. Withholding tax, treasury instructions, 104. United States defined, 98. FEDERAL RESERVE ACT. Acceptance of terms, 335. Allowance for directors, 341. Annual dividend, 343. Application blank for certificate of stock, 338. Appointive members of federal reserve board, 346. Ballot, 341. Bank defined, 334. INDEX. 1519 [References are to Pages.] FEDERAL RESERVE ACT — Continued. Bank not to transact business until authorized, 339. Board defined, 335. Board of directors, 339. Branch banks, 337. Branch offices, 337. By-laws for government of application by State banks, 345. By-laws, 339. Call for meetings by committee, 342. Cancellation of shares, 343. Candidates for director, 340. Capital, 337. Capital of applying bank, 345. Capital stock, 342. Certificate of increase of capital stock, 342. Certificate showing geographical limits of districts, 338. Certificate showing reduction of capital stock, 343. Circulating notes, 339. Classes of members, 340. Contracts, 339. Conversion of State banks, 344. Decrease of capital stock, 342. Discrimination, 339. Directors of branch banks, 337 Directors, how chosen, 340. Dissolution not to impair remedy, 336. District defined, 335. District reserve electors, 340. Dividend, 343. Divisions, 340. Division of earnings, 343. Election, 341. Exemption from taxation, 344. Failure to signify acceptance, 336. Federal reserve agent, 341. Federal reserve board, 346. Federal reserve cities, 335. Federal reserve districts, 335. Franchise tax, 343. Governor of federal reserve board, 346. Groups, 340. Incidental powers, 339. Increase of capital stock, 342. Insolvency of member bank, 343. Manager, 338. Members, 340. Member banks, 340. 1520 INDEX. [References are to Pages.] FEDERAL RESERVE ACT— Continued. Member bank defined, 335. Name of federal reserve bank, 335. National bank defined, 335. National banking association defined, 335. Net earnings, 343. Noncompliance with act, 336. Officers and employees, 339. Organization certificate, 338. Organization committee, 335. Preferential ballot, 341. Prohibitions of member banks, 345. Powers, 338. Public stock, 337. Public subscription, 336. Keports by State member banks, 345. Kepresentative may not be member, officer or director, 340. Eeserve bank defined, 335. Eules and regulations governing State member banks, 345. Eules and regulations governing transfers of stock, 337. Seal, 339. Senator may not be member, oflficer or director, 340. Shares of member banks, 342. Shareholder's liability, 336. State banks as members, 344. Stock, 336, 337. Stock issues, 342. Subscribed capital, 337. Succession, 339. Suits, 339. Surrender of stock on reduction of capital, 343. Suspension of State member banks, 345. Term of directors, 342. Title, 334. Transfers, 337. United States stock, 337. Vacancies in board of directors, 342. Violation of act, 336. Voting power, 337. Foreign coins — Values of, 24. Franchise tax law, 140. See State Taxes. General information regarding State taxes, 171. Glass— Owen Act, 334. GUARANTIES. General guaranty, 944. General guaranties, together with specific guaranties, 945. INDEX. 1521 [References are to Pages.] GUARANTIES— Continued. Specific guaranty, 944. Proof, 945. Holidays — Legal, 18. Income tax law, 85. See Federal Income Tax. Income tax law — Scope and operation, 80. INDUSTRIAL ACCIDENTS. Accounts, 444. Act in force, 1914, 461. Acts repealed, 461. Additional interests, 469. Adjacent States, 468. Advisers, 449. Amendments, 464. Answer, 431. Appeals, 464. Appropriation, 461. Assignments, 433. Assumption of liability by insurance carrier, 438. Attorney's fee, 433. Attorney, 420. Average weekly earnings, 428. Award, 432. Awards, 463. Bakers, confectioners, etc. — Schedule, 481. Blasting, 470. Books, 421. Burden of proof, 450. Burial expenses, 433. Chauffeurs, 469. Chemical — Coach — Electric — Schedule, 483. Chemical paint and drug schedule, 482. Classification, 470. Clerical office employees, 467. Coach, carriage and wagon schedule, 483. Commutation, 436. Conditions of compensation, 422. Contempt, 455. Contract exempting employer, 435. Contractor's liability, 434. Contractors' schedule, 470. Constitutionality, 460. Death benefit, 425. Death, 437. Definitions, 418. 96 1522 INDEX. [References are to Pages.] INDUSTRIAL ACCIDENTS— Continued. Departments, 421. Depositions, 454, 463. Disability indemnity, 423. . Divulging information, 450. Draughtsmen, 470. Electric schedule, 483. Election on part of employer, 460. Election to come under this act, 460. Election to come under act, 460. Employee defined, 423. Employee deemed to have accepted, 460. Employer defined, 423. Employers engaged in interstate commerce, 460. Estates, 465. Evidence, 454. Examination by physician, 430. Examiner, 463. Exceptions, 464. Executive officers, 467. Extension of time, 427, 464. Farms, 465. Findings, 432, 459. Further powers, 451. General instructions, 465. General notice, 465. Hearing, 431. Instructions and schedules, 465. Insurance not affected, 437. Insurance policy, 438. Investigating cause of accident, 450. Investments, 444. Joinder of parties, 462. Judgment, 432. Jurisdiction, 451. Leather and shoe schedule, 484. Lectures, 449. Limitation of proceedings, 426. Limited and unlimited insurance, 469. Limited compensation policy, 439. Loading and unloading, 468. Lumber schedule, 486. Lump sum deposit, 437. Manager of insurance fund, 420. Mandamus, 459. Measure of indemnity, 424. Meat, packing-house and stockyard schedule, 486. Medical aid, 466. INDEX. 1523 [References are to Pages.] INDUSTRIAL ACCIDENTS— Continued. Metal schedule, 486. Milling schedule, 493. Minimum premiums, 465. Minimum premium, $3, 470. Minimum premium, $1.50, 481, 482. Mining (except coal) schedule, 494. Miscellaneous schedule, 495. Misrepresenting pay-roll, 445. Monthly estimate, 443. Museums of safety, 449. Notice of accident, 430. Notice of liability of insurance carrier, 439. Not voted active, 461. Office of industrial accident board, 461. Office, 420. Oils, etc., schedule, 500. Ore, reduction and concentration schedule, 502. Paper schedule, 503. Parties to proceedings, 462. Pay-roll, 466. Permanent disability, 437. Persons conclusively presumed dependent, 429. Pleadings, 431, 462. Policies, 443. Posting of notices, 462. Pottery and glass schedule, 504. Powers of commission, 419. Powers of manager of insurance fund, 441. Powers, 420, 422. Preliminary, 461. Presumption that rules are reasonable, 449. Printing schedule, 505. Protection of employees, 446. Protective devices, 446. Public corporation may insure, 444. Public officers to transmit applications, 444. Quarterly reports, 445. Quorum, 419. Eailroads, 470. Eates, fixing, 442. Eates, 466. Eeference, 453. Eeferees, 453. Eehearing, 456. Eeport of accident, 450. Eeports, 462. 1524 INDEX. [References are to Pages.] INDUSTRIAL ACCIDENTS— Continued. Report to the governor, 461. Eeview, 433, 459. Residences, 465. Rubber and composition goods schedule, 506. Rules of evidence, 454. Safety devices, 446. Salaries, 421. Satisfaction of judgment, 433. Seal, 420. Secretary, 420. Service of notice, order or decision, 451. Service of pleadings, 463. Settlement agreement, 436. Schedule of compensation, 423. State compensation insurance fund, 440. Stay of execution, 433. Stay of proceedings, 459. Stenographic reporter, 463. Stevedore schedule, 506. Stone schedule, 507. Stipulations, 464. Subrogation of employer, 435. Superintendent of department of safety, 421. Superior Court powers, 455. Teams, 467. Temporary cover, 442. Terms construed, 446. Textile schedule, 508. Tobacco schedule, 510. Vessel schedule, 511. Violation of safety provision, 450. Warehouse and store schedule, 511. Weekly loss in wages, 429. Witnesses, 454. Wood schedule, 515. Inheritance Tax Act of 1893, 59. Inheritance Tax Act of 1905, 60. Inheritance Tax Act of 1911, 60. Inheritance Tax Act of 1913, 62. Inheritance taxes — Rates and exemptions, 77. Inheritance tax table — 1913, 61. INHERITANCE TAX ACT. Action for recovery of tax, 75. Action quieting title, 75. Appraisers, appointment by controller, 71. Appraisers, appointment by Superior Court, 72. INDEX. 1525 [References are to Pages.] INHERITANCE TAX ACT— Continued. Appraisers, powers, 72. Bond for deferred payment of tax, 66. Certificate where no tax due, 73. Citation where no proceedings pending, 74. Commissions, bequest in lieu of, 63. Consent of controller to delivery of property, 71. Construction of act, 78. Contemplation of death defined, 61. Contingency defeating or diminishing interest, 67. County Treasurer defined, 61. County Treasurer to account to State Treasurer, 77. Decedent defined, 61. Deduction of tax from legacy, 68. Delay, excuse for, 66. Delivery of property to executor, 70. Discount, 66. District Attorney to prosecute actions, 76. District Attorney defined, 61. Estate capable of being divested, how taxed, 68. Estate defined, 61. Estate for years, tax on, when due, 66. Estates in expectancy, how appraised, 67. Excuse for delay, 66. Exemptions, 65. Fees of treasurer, 77. Forfeit by officer who fails to perform duty, 78. General fund, 78. Grift of power of appointment, 62. Interest, 66. Jurisdiction of Superior Court, 72. Lien for taxes, 63. Limitation of action to recover tax, 63. Notice of filing report of appraiser, 73. Notice to treasurer on delivery of property, 71. Notice to controller on delivery of property, 71. Objections to report of appraiser, 73. Order confirming report of appraiser, 73. Order to refund tax, 69. Payment to treasurer, 69. Penalty for delivery of property without notice, 71. Power of appointment, gift of, 62. Power to sell to pay tax, 69. Primary rates, 64. Kates of tax, 64. Keceipt in triplicate, 69. Kefund by order of court, 69. 1526 INDEX. [References are to Pages.] INHERITANCE TAX ACT— Continued. Eepealing clause, 78. Report of appraiser, 73. Return on estate for years or expectancy, 67. Return of tax on defeated or diminished interest, 67. Special counsel, 77. Standard of mortality, 68. Standard of value, 68, State school fund, 78. Stock, transfer by foreign executer, 70. Subpoena by appraiser, 73. Summons in actions to recover tax, 76. Summons in actions to quiet title, 76. Tax on excess, 65. Transfer by resident, 61. Transfer defined, 61. Transfer by nonresident, 61. Transfer in contemplation of death, 62. Transfer in trust, tax how estimated, 67. Transfer of stock by foreign executor, 70. Transfer subject to charge, 63. Transfer, tax on, 61. Value of interest, how estimated, 67. When payable, 66. Insurance companies — Minimum capitalization, 52. Inter-date calendar, 10. Interest rates — Table of, 36. Inventories — Excise tax law of 1909, 128. Land measure, California Spanish, 26. Land subdivisions — Public, 25. Law and motion days, 17. Legal holidays, 18. Legal subdivision of section — Diagram of, 26. Length — Measures of — Metric system, 22. Linear measure, California .Spanish land, 26. Liquid measure, 23. Long measure, 23. Mariner's measure, 23, Measure, California Spanish land, 26. Measure — Surveyor's, 25. Measures and weights — Domestic, 23. Measurements — Miner's inch, 27. Measurements, water — Convenient equivalents, 28. Metric system, 22. Miner's inch measurements, 27. Minimum capitalization, 52. INDEX. 1527 [References are to Pages.] MINING LAWS— ^AMFORNIA. Abandoned mines, 573. Allotment of expenses for constructing common dumps, etc., 586. Amended notice, 569. Application, 591. Application to lease lands, 579. Apportionment of payment to original owners, 586. Appropriations from Debris Fund to be expended in restraining works, etc., above head of navigation, etc., 588. Approval or rejection of application, 579. Ascertainment and payment of tax, 587. Boilers, 576. Books and balance-sheets to be kept by secretary, 566. Boundaries, 568, 569. Character of land referred to court, 573. Code of mine bell signals, 576. Commission may consult with State Commission of Engineers, 588. Completion of works, 585. Conditions, etc., as to commencing operations, 585. Contract in writing, when binding, 572. Consolidation of mining corporations, 565. Copies, 575. Copies of records as evidence, 571. Covering or fencing of abandoned mines, 573. "Debris Fund" created, 587. Delinquent co-owners, notice to, 570. Effect, 573, 574. Effect on mining districts, 571. Eight hour law, 581. Enforcement of orders, 586. Examination of statement, 579. Expenditures from same by the commission, 587. Express agreement not necessary to constitute, 572. Extracting minerals from waters, 578. Extraction of minerals from waters of stream or lake, 578. First payment, 580. Forfeiture for violating conditions, 586. Hoisting machinery, 575. Hydraulic mining, 567. Inside overseer duties, 575. Instructions to owners and operators, 589. Lease to rights of way, 580. Leases of lakes and streams, the waters of which contain minerals in com- mercial quantities, 578. Liabilities, 574. Liability of presidents and directors, 567. Lien of partners, 572. Limit of debris washed away, 586. 1528 INDEX. [References are to Pages.] MINING LAWS— CALIFORNIA— Continued. Lode claims, how located, 567. Maintenance, etc., 586. Map, 574. Meaning of hydraulic mining, 567. Mill site, location of, 569. Mill sites, 567. Mine partnership property, 572. Mining claims, 567. Mining corporations, 565. Mineral lands in school sections, 573. Miner's lien, 581. Mines on unoccupied public lands, 573. Modes of escape, 574. Modification of orders, 586. Money advances from mine owners, 587. Neglect to perform development work, 571. Owner, 575. Owners of majority of shares govern, 573. Partnership not dissolved by sale of interest, 572. Penalties, 573, 581, 582. Period of employment, 581. Placer claim, location of, 568. Profits and losses, how shared, 572. Protection of coal mines and coal miners, 574. Protection of miners, 574. Purchaser takes, subject to liens, unless, etc., 572. Recommendations adopted and made the ba-sis of operations, 588. Recorder's fee, 570. Record of location, 568, 569, 570. Record of work, 570. Records to be received in evidence, 571. Refund of same, 587. Rental, 579. Regulations, etc., 587. Reservations to State, 580. Right of action, 576. Right of stockholders to visit mine with expert, 567. Royalty, 579. Shafts or outlets, 575. Sixteenth and thirty-sixth sections open to exploration, 573. Statement to be filed with County Assessor and State Controller, 571 Stock issued at transfer agencies, 565. Subsequent petitioners to pay for dumping privilege, 586. Supervision and inspection, 585. Surveyed claims, 569. Survey of lands, 579. System of mine bell signals, 576. INDEX. 1529 [References are to Pages.] MINING LAWS— CALIFORNIA— Continued. Takes with notice of lien, when, 572. Tax on gross jjroceetls of hydraulic mines, 587. Telephone system, 581. Telephone system in mines, 581. Termination of lease, 580. Transfer agencies, 565. Tunnel rights, 567. Tunnel right, location of, 568. Use of public lands and material, 587. Ventilation, 575. Violation of this act a misdemeanor, 587. Visiting mines, 587. Water may be taken only under this act, 578. Waters containing minerals withdrawn from sale, 578. When a mining partnership exists, 572. When tax is paid, 587. Where hydraulic mining can be carried on, 567. Willful injury to works a misdemeanor, 587. Work to cease upon service of notice, 586. Yearly work required, 570. MINING LAWS AND REGULATIONS— UNITED STATES. Abstract in Alaska, 540. Additional land districts and officers, power of the President to provide, 526. Additional recitals necessary, 544. Adverse claims, 548. Adverse claim, proceedings on, 520. Adverse claim verified by agent, 520. Adverse claim, where filed — How verified, 548. Affidavit of citizenship by individual, 546. Affidavit, before whom taken, 546. Affidavits of publication and posting, 542. Amended surveys ordered on special instructions, 563. Amended survey, how made, 563. Amended survey, field-notes, how prepared, 563. Annual expenditure not involved on application for patent, 543. Annual labor, 530. Appeal, 556. Application for appointment, 555. Application and patent for mill site, 545. Application by trustee, 543. Application for entry or patent limited to one location, 535. Application for segregation of agricultural and mineral lands, procedure on, 537. Application must disclose known lodes included in claim, 533. Applications for agricultural entry where patent applications for mineral claims have been filed, 537. 1530 INDEX. [References are to Pages.] MINING LAWS AND REGULATIONS— UNITED STATES— Continued. Appointment of surveyors, 555. Appointment of surveyors for survey of mining claims and charges, 550. Approval, 556. Approval for publication when refused, 540. Area, how stated, 561. Bearings, 560. Certified copy of judgment-roll, 549. Certified copy of location notice, 539. Certificate of court, 548. Certificate of surveyor-general, 541. Certificate where suit not commenced, 549. Character of newspaper, 541. Charter of corporation to be filed, 546. Citizenship, 546. Classes of mining claims, 528. Completion after adverse claim filed, 543. Conformation to public surveys, 534. Conformity not required, where, 534. Conformity of placer claims to surveys, limitation of claims, 523. Conformity of placer claims to surveys, limit of, 522. Connection survey, 536. Contents of notice, 541. Connections and hearings, 559. Connections with other surveys, 560. i Construction of monument, 559. Contents of adverse claim, 548. Contents when naturalized or intention declared, 546. Contiguous locations, 557. Corner No. 1, how connected, 558. Corner No. 1, how established, 559. Corners, how constructed, 560. Corners not to be changed, 558. Corroborative testimony, 548. Costs where action brought and title not established in either party, 527. Courses to refer to true meridian, 558. Defaulting co-owners, 518. Defining location, 530. Deposit for survey, 550. Description of mining vein or lode claims, 521. Description of survey, 561. Description of vein or lode, 538. Descriptive report on placer claims, 563. Discovery, 532. Discovery work, 530. Disputed charges for field work, 556. Duties of mineral surveyors, 557. Duty of register in sending up papers, 547. INDEX. 1531 [References are to Pages.] MINING LAWS AND REGULATIONS— UNITED STATES— Continued. Each location to be given separate corner No. 1, 561. Effect of decision that land is mineral, 553. Effect of failure to prosecute application, 543. Egress and ingress of settlers within reservations, etc., 554. Entries, when allowed, 547. Erroneous surveys, 563. Establishment of new mineral monument, 559. Estimate of value of improvements, 562. Existing rights, 526. Expenditure on lode claim where mill site included in survey, 562. Expenses of survey, how paid, 523. Exorbitant charges, 551. Fees of registers and receivers, 551. Field-notes on joint survey, by whom made, 563. File plat, field-notes, notice, affidavit of posting, 538. Forest reservations, 554. Forest reservations, when to be established, 554. General accountability of surveyor, 564. General provisions, 555. Grant of lands to States or corporations, 526. Hearings, 551. Hearings to determine character of lands, 551. How marked, 560. Improvements to be located and numbered, 562. Indorsement of certificate, 542. Instructions to mineral surveyors, 556. Lands chiefly valuable for building-stone, 528. Lands returned as agricultural, 552. Lands returned as mineral by the surveyor-general, 551. Lateral extent of claim, 529. Length of mining claims upon veins or lodes, 517. Lines of conflicting surveys, 561. Location, 530. Location never to exceed one hundred and sixty acres, 534. Location notice, additional data, 530. Location notice, recording, 530. Locations, how marked, 518. Locators' rights of possession and enjoyment, 518. Lode claims, 528, 535. Lode sites and mill sites, how distinguished, 561. Lost or destroyed records, 540. Marking placer locations, 534. Maximum charges for newspaper publications, 550. Maximum locations permissible, 534. Maximum size of lode claim, 529. Method of survey, 557. 1532 INDEX. [References are to Pages.] MINING LAWS AND REGULATIONS— UNITED STATES— Continued. Mill sites, 545. Mill sites must be nonmiueral, 545. Mineral entries, how numbered, 547. Mineral lands, how set apart as agricultural lands, 526. Mineral lands in which no valuable mines are discovered open to home- steads, 525. Mineral lands in forest reserves subject to location, 555. Mineral lands open to purchase by citizens, 517. Mineral lands withheld from entry as agricultural lands, 551. Mineral lands reserved, 517. Mineral lands within national forests, 555. Mining laws extended to saline lands, 528. Mineral surveyors, appointment and bond, 550. Money expended on tunnel, 518. Nature and extent of mining claims, 528. Necessity for annual labor terminates with entry, 531. Necessity for discovery, 530. Notice of filing by register or receiver, 549. Notice of tunnel location, how given, 532. Notice to delinquent co-owner, 531. Notice to railroads, 540, 541. Number of appointments unlimited, 556. Number of survey, 536. Oath accompanying application for patent, 535. ' Oil location entries, 533. Order of dismissal, 549. Owners of tunnels, rights of, 518. Patent for mill site by nonowner of lode, 546. Patents for placers, when no survey necessary, 543. Patents, pre-emptions and homesteads subject to vested and accrued water rights, 525. Patents for mineral lands, how obtained, 519. Patents for nonmineral lands, 524. Patents to conform to official monuments, 521. Parties not to assist in making surveys, 564. Payment for land, affidavit of charges and fees — Issuance of patent, 542. Pending applications, 522. Placer claims, 532, 543. Placer entries for building-stone, 532. Plat — When necessary, 548. Policy of government as to shape of locations, 534. Possessory right, 547. Possessory right, how limited, 529. Posting plat and notice, 538. Proceedings for patent — Price of placer claims, 544. Proceedings for patent for placer claim, etc., 523. INDEX. 1533 [References are to Pages.] MINING LAWS AND REGULATIONS— UNITED STATES— Continued. Procedure to obtain patent to mineral lands, 535. Preliminary plat, 562. Proof of citizenship, 517. Proof of improvements, 533. Proof required, 547. Protest against patent, grounds of — Who may protest, 542. Protest by railroad, 541. Publication of notice of application, 541. Records of surveys, 556. Recording notice of tunnel location and sworn statement, 532. Regulations made by miners, 518. Relation of survey to location, 558. Reliability of abstract, 540. Relinquishment not accepted, 549. Regulations, 528. Regulations under Saline Act, 535. Relocation, when permitted, 531. Report of survey, 536. Reservation in patents for right of way for ditches and canals constructed, 527. Reservoir sites, 527. Restoration of mineral or agricultural lands to the public domain, 554. Return by surveyor must be signed, 556. Rights of tunnel proprietors to blind lodes, 531. Rules of practice, 551. Schedule of charges for office work, 556. Scope of duty of Secretary of Agriculture, how limited, 555. Section lines, 562. Should show date when existence of minerals first known, 552. •Single locations only permitted, 535. Site to be chosen, how, 559. Status of lode claims enlarged by extralateral right, 528. Stay of proceedings, 549. Subdivision of ten acre tracts, 522. Supplemental abstract, 539. Supplemental proof of expenditure, 562. Survey and plat must be filed after recording of location notice, 536. Survey and price per acre, 545. Survey, how made, 557. Survey, plat and field-notes, 535. Survey to be sworn to, 553. Survey to segregate agricultural and mineral lands, 553. Surveys in suspended and regular townships, 559. Surveys in suspended townships, 558. Surveys of mining claims, 538, 555. Surveys to show course of vein, 558. Surveyor-general's certificate, upon what based, 542. 1534 INDEX. [References are to Pages.] MINING LAWS AND REGULATIONS— UNITED STATES— Continued. Surveyor-general to appoint surveyors of mining claims, 523. Surveyor not allowed to prepare papers, 551. Surveyors for each mining district, 550. Suspension and revocation, 556. Sworn statement accompanying field-notes, 539. Ten acre tracts, how described, 533. Ten acre tracts are legal subdivisions, 533. Testimony on hearing as to agricultural character, 552. Testimony on hearing as to mineral character, 552. Testimony as to nonmineral character, 546. Testimony, where taken, 547. Timber on the public domain for mining and domestic purposes, 526. Title by adverse possession, 547. Title-page of field-notes, 562. Topographical features and improvements. 561. Town sites on mineral lands authorized, 527. Tunnels, 531. Transfer of national forests, 555. United States not responsible for cost of survey, 557. Use of timber and stone, 555. Use of timber, etc., by settlers, etc., 554. Verification of affidavits, 524. Verification by agent, 548. i Verification by surveyor-general, 553. Vested rights to use of water for mining, 525. What conditions of sale may be made by local legislature, 525. What evidence of possession, etc., to establish a right to a patent, 523. What included in estimate and what excluded, 562. Where made, 548. Where veins intersect or unite, 524. Who may locate, 529. Witness corners, 560. Mortality — American experience table of, 29. Motion days, 17. NATIONAL BANK ACT. Acts of a general nature and sections of the Eevised Statutes, not included in the National Act, affecting national banks, 318. Act February 8, 1875 — Banks' returns — Payment of tax penalties, 319. Act February 8, 1875 — Tax on notes of State banks, municipal corporations, etc., used as circulation and paid out by banks, 319. Act May 1, 1886, 269. Act January 12, 1895, 267. Act April 28, 1902— Report of Comptroller, 267. Act May 22, 1908 — Additional Deputy Comptroller of the Currency, 266. Act March 2, 1911, 334. INDEX. 1535 [References are to Pages.] NATIONAL BANK ACT— Continued. Acts of the Comptroller of the Currency and Treasurer of the United States under this act to be approved by the Secretary of the Treasury, 295. Additional central reserve cities, 300. Additional circulation, how treated — Limit to amount of circulation issued to each bank — Limit to total amount outstanding under this act, 293. Additional reserve cities, 298. Aggregate amount of circulating notes not limited, 286. All suits under banking law in which the United States or any of its officers or agents are parties to be conducted by District Attorneys under the supervision of the solicitor of the treasury, 318. Amount of bonds required to be on deposit — Reduction of amount or retire- ment in full of circulating notes, 283. Amount of redemption fund, 294. Annual examination of bonds by association, 281. Appointment and duties of receivers, 312. Appointment of examiners — Compensation, 317. Appointment of monetary commission, 295. Approval of request, 316. Assessment for failure to pay up capital stock or for impairment of capi- tal, 303. Associations must not loan on or purchase their own stock, 302. Authorizing coinage of standard silver dollars and making them legal ten- der—Act February 28, 1878, 322. Banks other than national in District of Columbia (See § 714, Code District of Columbia), 266. Bonds forfeited if circulation is dishonored — Examination by special agent, 310. Bonds may be sold at private sale, 311. Bureau of the Comptroller of the Currency, 265. Canceled and silver certificates issued, 330. Certificate of authority to commence banking to be issued, 284. Certified checks drawn on national and State banks receivable for duties on imports and internal taxes, 334. Certified copy of organization certificate as evidence, 318. Charter number to be printed on notes, 286. Circulating notes to be redeemed in lawful money of the United States, 295. Circulation when exempted from tax, 319. Clerical force for redemption of circulating notes, 298. Clerks, 266. Comptroller of the Currency, 265. Comptroller to determine if association can commence business, 283. Conditions under which banks belonging to national currency associations may take out additional circulation, 290. Consent of two-thirds necessary, 270. Conversion of national gold banks into currency banks, 288. Conversion of State banks into national banking associations, 277. Corporate powers of association, 268. 1536 INDEX. [References are to Pages.] NATIONAL BANK ACT— Continued. Counterfeiting national bank notes, 325. Creditor's bill against shareholders, 313. Currency Act, approved March 14, 1900, 328. Debts not affected by change, 269. Delivery of circulating notes, 284. Demand treasury notes, 322. Deposit of bonds required before issue of circulating notes, 279. Deposit of lawful money to redeem circulation, 309. Deputy Comptroller of the Currency, 265. Destroying and replacing worn-out and mutilated notes, 287. Destruction of redeemed notes, 310. Disposal of redeemed notes — Regulations for redemption records, 312. Disposition of redemption account, 299. Dissenting shareholders may withdraw, 272. Dissolution of banks not extending prior to succession, 272. Distinctive paper for printing notes, 286. District Attorney to conduct suits when United States is a party, 318. Dividends, 301. Dividends — Distribution of assets of insolvent banks, 312. Divisions of issue and redemption established, 329. Duty of disbursing officers, 323. Duty of treasurer, assistant treasurer, etc., to return notes of failed or liqui- dating banks to treasury for redemption, 309. Election of directors, 275. Election of president of the board, 276. Embezzlement, abstraction, willful misapplication, false entries, etc., 304. Enforcing tax on circulation, 308. Equitable distribution of notes, 294. Examination of plates and dies, 286. Examination of registry and bonds, 281. Exchange of coupon for registered bonds, 280'. Excise tax on corporations, 333. Executors, trustees, etc., not personally liable, 277. Expenses of act, 295. Expenses of commission, 295. Extension of corporate existence, 270. Failure to make return — Commissioner to estimate, 320. Federal Reserve Act, 334. Fees and expenses, 313. Filing vacancies, 276. Forfeiture of charter — Individual liability of directors, 316. Forgeries, frauds, etc., 325. Forging or counterfeiting United States securities, 325. Formation of national banking associations, 268. Formation of national currency associations, 289. For what demands national bank notes may be received, 287, 322. INDEX. 1537 [Beferences are to Pages.] NATIONAL BANK ACT— Continued. Fraudulent notes to be so marked by United Stateg officers and officers of national banks— Act June 30, 1876, 328. General provisions respecting bonds, 281. Gold certificates— Act July 12, 1882, 322. Gold coin of the United States, 321. Gold dollar declared to be standard unit of value, 328. Government depositaries, 323. Half-yearly return of circulation (deposits and capital stock), 307. How certificate shall be acknowledged and filed, 268. How payment of capital stock must be made and certified, 273. Increase of capital stock, 274. Increase or reduction of deposit to correspond with capital, 280. Individual liability of shareholders, 276. Issue of gold certificates, 304. Issue of gold certificates payable to order, 330. Issue of post notes, etc., prohibited, 287. Issue of silver certificates, 331, Issue of treasury notes, 332. Issuing circulation of expired associations, penalty therefor, 327. Interest-bearing notes, 322. International bimetalism, 332. Interest in national banks prohibited, 266. Interest on public deposits, 277. Joint resolution March 4, 1907, 267. Jurisdiction of Circuit Court to enjoin Comptroller, 318. Lawful money reserve to be determined by deposits, 297. Legal tender, 321. Legal title of bonds deposited to secure additional circulation — Assignment of bonds by Treasurer to be countersigned by the Comptroller of the Currency, 293. Limitation of liabilities which may be incurred by any one person, com- pany, etc., 301. Limitation of visitorial powers, 317. Limitation upon rate of interest which may be taken, 300. Limit to issue of notes under five dollars, 286. List of shareholders, 305. Maceration of national bank notes, 287. Manner of making transfers of bonds, 280. May change name and location, 269. Minor coins, 322. National Bank Act, 268. National banking associations to be depositaries of public moneys, 277, 324. National bank notes and notes and certificates of the United States circulat- ing as currency subject to State taxation — Act August 13, 1894, 321. National banks deemed citizens of States in which located, 270. National banks may increase capital stock, 274. 97. 1538 INDEX. [Beferences are to Pages.] NATIONAL BANK ACT— Continued. National banks not permitted to make contributions in connection with election to political office, 305. National banks not required or permitted to redeem their circulating notes elsewhere than at their own counters or at the treasury of the United States, 300. National banks to take notes of other national banks at par, 300. National currency associations — The issue of additional national bank circu- lation, and creating a National Monetary Commission, 289. No deposit required for consolidation, 309. No release from liabilities, 270. No reserve need be held against deposits of public money, 297. No tax to be paid by insolvent banks, 308. Notice of transfer to be given to association interested, 280. Notice of voluntary liquidation, 309. Notice to creditors of insolvent banks to present claims, 312. Notice to present circulation for redemption — Cancellation of bonds, 311. Oath required from directors, 275. Obligations of the United States defined, 325. Obligations of United States exempt from taxation, 321. Obtaining and issuing circulating notes, 279. Organization and powers, 268. Organization of associations to issue gold notes, 288. Panama Canal Bonds — Additional issue authorized at rate of interest not to exceed three per cent per annum, 333. Panama Canal Bonds have all rights and privileges accorded to other twa per cent bonds of the United States, 279. Panama Canal Bonds issued under act of August 5, 1909, not receivable as security for the issue of circulating notes to national banks, 334. Payment, 316. Penalty for dealing in counterfeit circulation, 327. Penalty for failure to make reports, 306. Penalty for failure to make return, 307. Penalty for falsely certifying checks, 304. Penalty for having such impressions, 327. Penalty for imitating bank circulation — Use of same for advertising pur- poses, 289. Penalty for issuing circulating notes to unauthorized associations, 289. Penalty for misapplication of money order funds, 323. Penalty for mutilating circulation, 289. Penalty for passing counterfeit circulation, 326. Penalty for taking unlawful interest — Jurisdiction of suits by or against national banks, 301. Penalty for taking unauthorized impression of tools, 326. Penalty for unauthorized deposit of public monej^, 324. Penalty for unauthorized receipt or use of public money, 324. Place for redemption of circulating notes to be designated, 299. INDEX. 1539 [Eeferences are to Pages.] NATIONAL BANK ACT— Continued. Place of business, 296. Plates and dies to be under control of the Comptroller, 286. Power to hold real property, 273. Powers of commission — Commission to report to Congress, 295. Printing denominations and form of the circulating notes, 285. Proceedings if shareholder fails to pay installments, 274. Proceedings where no election is held on the proper day, 276. Prohibition against uncurrent notes, 303. Prohibition upon withdrawal of capital — Unearned dividends prohibited, 302. Protest of bank circulation, 3.10. Provisions for deposits by certain postmasters, 323. Provisions for redeeming circulation — Five per cent redemption fund, 297. Publication of certificate, 284. Punishment "for falsely certifying checks, 304. Qualification of Comptroller, 265. Reassignment of bonds and redemption of notes of liquidating banks, 309. Receiver may purchase property to protect his trust, 316. Recoinage of uncurrent subsidiary silver coin, 331. Redeemed notes to be canceled, 312. Redemption fund below requirement — Duty of Treasurer of the United States, 292. Redemption of circulating notes issued prior to extension, 272. Redemption of lost or stolen notes and of notes not properly signed, 299. Reduction of capital stock, 275. Re-extension of corporate existence, 273. Refunding excess tax, 308. Refunding of United States bonds, 331. Registered bonds intended by the terms "United States bonds," 279. Registry of transfers, 280. Regulation of the banking business, 296. Report of Comptroller, 266. Report of dividends, 306. Report to Comptroller of the Currency, 305. Requisite amount of capital, 273. Requisite qualification of directors, 275. Requisites of organization certificate, 268. Reservation of rights of associations organized under act of 1863, 278. Reserve cities and reserve requirements, 296. Reserve — Requirements for gold banks, 288. Restriction on bank's indebtedness, 302. Restriction upon use of circulating notes, 302. Restrictions on notes less than one dollar, 321. Right of shareholders to vote — Proxies authorized, 275. Rooms, vaults and furniture for Currency Bureau, 266. Sale of bonds at auction — First lien for redeeming circulation, 311. Sealed certificates of Comptroller competent evidence, 318. 1540 INDEX. [References are to Pages.] NATIONAL BANK ACT— Continued. Seal of Comptroller of the Currency, 266. Secretary of Treasury to set apart and maintain a gold reserve of one hun- dred and fifty million dollars in gold coin and bullion for the redemption of United States notes and notes issued under act of July 14, 1890 — May sell bonds to replenish reserve, 328. Secretary of the Treasury to furnish information as to the value and char- acter of securities, 294. Semi-annual return by banks, 320. Shares of stock and transfers, 273. Short title, 334. Silver dollar to remain legal tender, 329. Special examination of bank and issue of certificate of approval by Comp- troller, 271. State banks converted into national banks — Eeturns, how made, 320. State banks having branches, 278. Status not changed by extension — Jurisdiction of suits by or against national banks, 271. Subsidiary silver coins — Act June 9, 1879, 322. Subsidiary silver coinage, 331. Suspension of business after default, 311. Tariff Act approved August 5, 1909, 333. Taxes payable to the United States, 306. Taxes on insolvent banks — Act March 1, 1879, 321. ^ Tax on circulation, 319. Tax on circulation of banks other than national banks, 319. Tax on notes of State banks, municipal corporations, etc., used as circulation and paid out by banks, 319. Tax on State bank circulation, 319. Tax on United States and national bank notes, 321. Tax provisions restricted, 320. Transfers, when void — Illegal preference of creditors, 317. Two-thirds vote required for liquidation, 308. United States notes, 322. United States notes not to be held as collateral, 303. Use of the title "National," 317. Using plates to print notes without authority, 325. Verification of reports, 306. What associations are governed by chapters 2, 3 and 4, 279. What may be counted as reserve, 296. What national banks may apply for authority to issue additional circulation on bonds other than United States bonds — What bonds will be accepted for such additional circulation, 292. When act expires by limitation, 296. When bank may enjoin further proceedings, 312. When silver dollars are coined from bullion purchased under act of July 14, 1890, an equal amount of treasury notes to be canceled, 329. INDEX. 1541 [References are to Pages.] NATIONAL BANK ACT— Continued. Where such proceedings must be brought, 318. Withdrawal of circulating notes on deposit of lawful money and withdrawal of bonds, 282. Withdrawal of additional circulation on deposit of lawful money or national bank notes, 283. NATURALIZATION LAWS, 611. Accounting for blanks furnished, 599. Accounting for fees, 600. Act, when effective, 608. Additional assistants, 594. Additional offices, 594. Affidavits of witnesses, 596, 606. Alien seamen of merchant vessels, 609. Alien, how admitted, 595. Aliens honorably discharged from service in navy or marine corps, 610. Aliens of African nativity and descent, 608. Anarchists, 598. Appearance by United States, 599. Appropriation, 607. * Blank forms, 595. Bureau of immigration and naturalization, 594. Cancellation of certificate of record, 602. Certain certificates of naturalization validated, 610. Certificate from the department, 596. Certificate of naturalization, 606. Certificate of registry, 594, Children of persons naturalized under certain laws to be citizens, 609. Citizenship of women by marriage, 608. Criminal court of Cook county, Illinois, 610. Duty of clerk to file duplicates, etc., 599. Declaration of intention, 595, 604. Declaration in open court, 597. English language, 598. Engraving and possession of plates and paper, 611. Failure to account for fees, 602. False certificate, 603. False personations, 611. False use of certificate of naturalization, 611. Fees in excess of $6,000, 60-0. Fees, 600. Final action, 597. Final hearing, 598. " Five year limitation on criminal proceeding, 603. Foregoing proceedings apply in all courts, 612. Forging, or counterfeiting certificate of citizenship, 611. Forms, 604. 1542 INDEX. [References are to Pages.] NATURALIZATION LAWS— Continued. Honorably discharged soldiers exempt from certain formalities, 608. Jurisdiction extends to aliens resident within judicial districts, 594. Jurisdiction to naturalize aliens, 594. Louisville city court, 610. Naturalization of Chinese prohibited, 610. Naturalization of the wife and minor children of insane aliens making homestead entries under the land laws of the United States, 608. Naturalization of widow and children, 597. Naturalization of persons not citizens who owe permanent allegiance to the United States, 608. Naturalization to alien enemies prohibited, 609. Neglect, 599. Notice by clerk, 597. Not retroactive, 604. Perjury, 612. Petitions filed during term time or vacation, 597. Petition for naturalization, 595, 605. Polygamists, 598. Records, how bound and numbered, 601. Refusal, 599. Registry of alien after passage of act, 594. Renunciation of nobility, 597. Residence, how proved, 598. Residence within the United States required for five years continuously, 609. Secretary of Commerce and Labor to make rules, 607. Showing required, 597. Statutes repealed, 604. Stub of certificate of naturalization, 607. Subpoena, 597. Suit to cancel certificate, 601. Unlawful collection of fees, 603. Use of certificate granted by fraud, 612. Use of document unlawfully made, 612. Witness fees, 600. Wrongful issuance of certificate, 602. Wrongful procuring of naturalization, 603. NATURALIZATION REGULATIONS. "Abstract of Collections," 619. Affidavits of substituting witnesses, 618. Alien declaring prior to September 27, 1906, 613. Alien declaring after June 29, 1906, 613. Aliens declaring after June 29, 1906, and prior to September 27, 1906, 613. Aliens declaring prior to June 29, 1906, 613. Aliens must sign names in full, 618. Aliens under act of June 25, 1910, 619. Application for blank form, 615. INDEX. 1543 [References are to Pages.] NATURALIZATION REGULATIONS— Continued. Blank forms, 613. Certificates of naturalization, 614. Certificate of naturalization issued after judge has signed order, 615. Certified copies of declarations, 617. Change of name of naturalized alien, 616. Declarations of intention furnished in bound volumes, 614. Entry on original declaration showing the issuance of certified copy, 617. Envelopes, 619. "Facts for Declaration of Intention," 613. Fees for the issuance of copies, 617. First supply of blank forms, 615. ForAvarding duplicates to department, 618. Honorably discharged soldier, member of the navy, or member of the marine corps, 619. Instructions, 620. Issuance of declaration of intention or certificates of naturalization in lieu of declarations or certificates claimed to have been lost or destroyed, 616. Naturalization jurisdiction of Stat.e courts, 613. Monthly report of naturalization refused, 616. Monthly report of petition and hearings, 616. Original declarations surrendered to general land office, 617. Originals of the petitions for naturalization, 614. Petitions from other aliens than white persons and persons of African nativity or descent, 618. Requisition blanks, 615. Where same court holds sessions at different places, separate supplies kept, 615. Paper measure, 23. PENSIONS. Action upon acceptance of application for reconsideration, 678. Accrued and reimbursed claims, 679. Act of April 19, 1908, 669. Act of August 5, 1892, 672. Act of August 8, 1882, 679. Act of February 2, 1909, 678. Act of February 6, 1907, 663. Act of February 6, 1907, 666. Act of March 2, 1895, 679. Act of March 3, 1899, 673. Act of June 27, 189t), as amended by act of May 9, 1900, 666. Address, 665. Affidavits from surgeons or physicians, 681. Agreement for amount of fee to be filed, 647. Amount paid, etc., to be deducted from fee, 648. Answer, 676. Application for renewal, 672. 1544 INDEX. [References are to Pages.] PENSIONS— Continued. Applications and attorneys, 647. Applications for allotment, 678. Applications for reconsideration, 677. Army and navy, 647. Articles of agreement, etc., recognized in certain claims only, 647. Artificial limbs or mechanical appliances, 682. Attorney's fee, 672. Back pay, extra pay, bounty money or prize money, 682. Best evidence, 681. Blank forms, 661. Certificate of service, 682. Certified copies of declarations and affidavits, 681. Checks to be returned and canceled, 685. Circumstances under which wound received, 664. Claim 'by minor alleging pensioner is inmate of home, 673. Claim by pensioner alleging desertion, 673. Claim by permanently helpless and dependent child alleging desertion, 673. Claim by permanently helpless and dependent child alleging pensioner inmate • of home, 674. Claim by wife alleging desertion, 673. Claim by wife alleging pensioner is inmate of home, 673. Claim for reimbursement, 680. Claimant may prosecute by attorney or in person, 661. Claims for increase of invalid pensions, 667. Claims for payment of pensions to wives of insane pensioners, or to wives of pensioners undergoing sentence of imprisonment, 679. Claims for renewal of pension, 667. Claims for renewal and restoration, 672. Claims for share of pension paid to inmates of the Government Hospital for the Insane, 678. Commissioned officer — Surgeon, 665. Commissioner of pensions may reject contracts for fees, etc., 649. Copies or originals of papers, 681.- Date of desertion, 675. Date of entrance into home, 675. Declaration before attorney, 680. Declaration, unaccompanied by evidence, 674. Declarations and affidavits, 661. Declarations and evidence, 661. Delivery of checks prohibited in certain cases, 685. Dependent fathers, 671. Dependent mothers, 670. Detailed statement of facts — Credibility of witnesses, 681. Disease, 664. Division of pension, 673. Enlisted men and petty officers, 667. INDEX. 1545 [References are to Pagas.] PENSIONS— Continued. Entry, 674. Evidence, 679. Evidence executed before person who has interest therein, 680. Evidence material, 682. Evidence required in a claim for invalid pension, 665. Evidence that disability originated in service, 665. Fee for bounty land, 647. Fee in case of failure to file agreement, 647. Fees of attorney for prosecuting claims, 647. Fees not paid in certain cases to be deducted from pension, 647. Forging indorsement, uttering, etc. — Penalty, 685. Form of articles of agreement, 648. Identity, 665. Indian wars, etc., from 1855 to 1860, 662. Indian wars from 1817 to 1858, 662. Indian wars from 1832 to 1842 — Service pensions, 662. If no appeal filed, 677. Increase of pension, 676. Interlineations and erasures, 681. Mexican war — Service pensions, 663. Minor brothers and sisters, 671. Minor child physically or mentally helpless, 670. Miscellaneous, 682. Military and medical history, 665. Navy service pensions, 667. No fee allowed for arrears of pension, etc., 647. Notice of suspension, 675. Official certificates, 681. Order for medical examination will not issue, 667. Other persons, 665. Papers or exhibits, 681. Papers should be clearly specified, 682. Payment to inmates of National Home D. V. S., not affected, 685. Payments to beneficiaries, 677. Penalty for violation of act relating to fees or compensation, 649. Pension to army nurses, 672. Pensions for disability or death due to service prior to March 4, 1861, 663. Pensions to dependent relatives, 670. Pensions to helpless children, 670, Pensions to invalids since March 4, 1861, 664. Pensions to minors since March 4, 1861, 669. Pensions to survivors of wars prior to 1861, and to their widows, 661. Pensions to widows since March 4, 1861, 668. Physicians, 665. Prima facie case, 673. Proof of dates of birth of children, 668. 1546 INDEX. [References are to Pages.] PENSIONS— Continued. Proof of dependence, 670. Proof of marriage, 668. Proof of service, 677. Eate of pension, 672. Relationship, 679. Request fro-m judge, 682. Restoration of pension, 672. Right of appeal, 676. Secretary of Interior to prescribe rules for government of agents, etc., in prosecution of claims, 649. Secretary of War and Secretary of Navy to issue certificates of discharge, etc., in true name — Exception, 685. Section 4707, Revised Statutes, 670. Sections 4692 and 4693, Revised Statutes, 664. Sections 4702 and 4703, Revised Statutes, 668. Service, 664. Stay pending adjudication, 675. Suit— Parties— 'Court, 681. Suspension of one-half of pension, 674. Table of rates, 686. Testimony of persons other than relatives, 680. To what extent son contributed,- 671. Upon filing of appeal payment suspended, 677. j Value of property, 670. Waiver of answer, 676. War of the Revolution — Service pensions, 661. War of 1812 — Service pensions, 662. Witnesses and testimony, 680. PENSIONS— ATTORNEY FEES. Accrued claims — Fee limited, 656.' Appeal must contain specific assignments of alleged mistakes of fact or errors of law, 658. Appeals under act of March 3, 1899, not to be joined with appeals under other laws, 660. Appeals, 657. Appellant may apply to secretary for order directing commissioner of pensions to certify record, etc., to department for consideration when said com- missioner has decided adversely as to appellant's right to appeal, 658. Articles of agreement — Attorney to stipulate amounts received, 654. Articles of agreement — Bounty land claims, 653. Articles of agreement — Pension claims — Execution, 653. Articles of agreement — Pension claims, forms, requirements, 653. Attorney fee — Refundment of, 658. Attorney must refund fee erroneously paid, 657. Attorney not to act as notary, etc., or attesting witness, 654. INDEX. 1547 [References are to Pages.] PENSIONS— ATTORNEY FEES— Continued. Attorney suspended or disbarred — Appeal by, not entertained, 658. Attorney, when recognized in case on appeal, 658. Authority to prosecute claims, 652. Call slips, 655. Cases on appeal to be decided in regular order — Motion to advance, how sup- ported — When granted, 661. Cases wherein fees are denied, 651. Circular letters, etc., to be approved by commissioner before use, 655. Commissioner of Pensions to return defective appeal to appellant, 658. Consent to assignment, 653. Disbarment — Effect on payment of fee, 654. Division of pension, act March 3, 1899 — Practice — Limitation, 659. During pendency of appeal payment of one-half of pension suspended — ^Limita- tion as to period for filing answer, 660. Effect of neglect, 655. E&toppel, 655. Evidence, 660. Failure to furnish evidence — Estopped, 655. Filed with Commissioner of Pensions — To be acted on within thirty days — If action be adhered to, the appeal, report thereon, and record to be sent to department — Docketing — Decision to be on the record — Copy of deci- sion to be. sent to appellant or his attorney, 657. First, second, and third provisos of act March 3, 1899 — Proof of service of notice on appellee prerequisite, 659. Grounds to be specified, 658. Increase claims — Neglect to furnish evidence called for — Effect of, 657. Increase claims not in prohibited class, 656. Itemized account of expenses to be filed before demanding or receiving pay- ment, 656. Limitation as to filing, 658. Limitation as to filing answer, etc., 660. Limitation — Date of filing, 654. Limitation — Title to fees, 654. No fee to guardians, 655. Order of consideration of claims, 655. Penalty for violating above rule, 656. Power of attorney — Execution, 653. Eeconsideration of departmental decisions, motions for — Limitations, 659. Kejection — Eeconsideration — Appeal, 655. Repeal, 657. Review of departmental decisions in cases for division of pensions, motions for — To be addressed to secretary — Specifications — Proof of service, 660. Rules of practice 'before the bureau of pensions, 652. Rules of practice in pension and bounty land appeals, 657. Rules XIV and XVI, supra, applicable, 661. 1548 INDEX. [References are to Pages.] PENSIONS— ATTORNEY FEES— Continued. Solicitation of services of United States officers in aid of prosecution of claims prohibited, 606. Suspension of payment only at department's direction, 661. Transfers of attorneyship, 652, Will not lie for refusal to recognize attorney in case where law prohibits fee, 658. Poll tax — Synopsis of laws, 179. POSTAL SERVICE. Amount withdrawn, 709. Anyone may open account, 709, Articles other than letters in their usual and ordinary form, 723. As addressed, 699. Assistant Attorney General, 692. Auditor and Chief Inspector, 692. Backstamping, 705. Bees (Queen), 732. Berries, 731. Blades, 732. Blank application, 713. Bond system, 708. Books, 716. Box delivery, 703. I Boxes, 729. Butter, 731. By title, 699. Candies — Confectionery, 731. Castings, 732. Catalogues, 732. Certificates, 709. Chief clerk, 692. Classification, 725. Clothing, 732. Coils, 716. Coin, 732. Collection of mail, 705. C. O. D. parcels, 734. ; Congress, 691. Cultures and tubercular sputum, 732. Dangerous articles, 730. Debtors' mail, 701. Delivery, 729. 1 Delivery of mail, 697. Deposits, 708. ; , Depositories, 708. Deposits and withdrawals, how made, 709. INDEX. 1549 [References are to Pages.] POSTAL SERVICE— Continued. Direct exchange, 713. Diseased tissues, 732. Domestic fees, 710. Domestic and foreign, 725. Dressed fowls, 731. Dried reptiles, 732. Dry-goods, 732. Duplicate order, 711. Eggs, 731. Fees on money orders, 712. Firearms, 732. ■ First Assistant Postmaster General, 691. First zone, 726. Fish, 731. Flour, 731. For deceased persons, 698. Foreign mail, 719. Foreign money orders, 712. Foreign parcel post, 734. Foreign rates and classification, 720. Form, 709. Forwarding, 728. Forwarding of mail, 706. FourtTi Assistant Postmaster General, 691. Fourth-class mail only, 725. Fragile articles, 7*29. Fraud orders, 697. Free delivery, 701. Fresh meats, 731. Fruits, 731. Furs, 732. General delivery, 704. Handling of foreign mail, 719. Hardware, 732. Hats, 732. Hides, 732. Identification, 710. In apartment houses, 699. In care, 698. Indirect exchange, 713. In dispute, 699. Indorsee, 712. Indorsements, 711. Inflammable liquids, 730. In hotels, 699. Ink powders, 732. 1550 INDEX. [References are to Pages.] POSTAL SERVICE— Continued. Interest, 709, Insufficiency prepaid matter, etc., 728. Inviolability of seal, 694. Lard, 731. Legal process, 709. Letter-carriers, 702. Letters opened by mistake, 695. Letters of sealed matter, 719. Liquids, oils, pastes, salves, 730. Limit of value, 710. Live insects, 732. Lotteries, 697. Mail, 693. Mail-boxes, 705. Mail-chutes, 706. Mail matter, 693. Meat and meat food products, 731. Medicines, 729. Methods of delivery, 701. Minor coins legal tender, 718. Money order drawn upon office having stations, 710. Money orders lost, 712. Money orders on the domestic forms, 710. Money order purchased but not sent, 711. Money order system, 710. Mutilated or abraded coins or currency, 718. National bank notes, 732. On agreement, 700. On order, 700. Opening accounts, 708, Ordinary stamps, 715. Organization, 691. Parcel post, 725. Parcel post stamps, 715. Pelts, 732. Pepper, 732. Permissible additions, 732. Perishable, 729. Pieces of machinery, etc., 732. Plow-points, 732. Preparation for mailing, 729. Printed matter, 721, 722. Prisoners' mail, 701. Priority of name, 699. Proprietary, 732. Postage and classification, 713. INDEX. 1551 [References are to Pages.] POSTAL SERVICE— Continued. Post cards, 718, 732. Postal cards, 717. Postal savings stamps, 716. Postal savings system, 708. Postage rates on articles for Canada, Cuba, Mexico, the Republic of Panama and the United States postal agency at Shanghai, 723. Postage stamps, 719. Postmaster General, 691. Postmasters, 693. Postoffiee department, 691. Postoffices, 692. Publications, 692. Purpose, 708. Rates and postage, 726. Redemption, 719. Registry of mail, 707. Regulations governing delivery, 698. Reply coupons, 716. Return of mail to sender, 704. Rules apply to foreign or international orders, 712. Rulings, 697. Rural routes, 704. Sale of stamps, envelopes, etc., 718. Sales of envelopes and wrappers, 718. Samples of merchandise, 719. Second Assistant Postmaster General, 691. Second-class matter for Canada, 723. Security for payment of deposits, 710. Seeds, 731. Seeds of fruit, nursery stock, plant products, 731. Sewed bags, 729. Sharp pointed instruments^ 732. Shoes, 732. Snuff, 732. Soap, 731. ^ • Special delivery, 702. •Special delivery of foreign mail. 720. Special delivery stamps, 716. Special return cards, 716. Specimens of dried blood, 732. Stamped envelopes and wrappers, 716. Stamps, 715. Stamps and stamped paper, 715. Stickers, 720. Sunday delivery, 701. Table," 713, 720. 1552 INDEX. [References are to Pages.] POSTAL SERVICE— Continued. Third Assistant Postmaster General, 691. To agents, 699. To business firms, 699. To diseased and infected houses, 701. To fictitious addresses, 700. To husband and wife, 698. To individuals, 698. To minors, 698. To receivers or assignees, 700. To several persons, 701. To students, 698. Transfer, 709. Uncanceled, unserviceable and spoiled stamped envelopes and newspaper wrap- pers, 719. Undelivered mail, 704. Under sale, 700. Under suit, 700. United States Naval Hospital at Yokohama, Japan, 724. United States postal agency at Shanghai, China, 724. Unmailable, 723. Unmailable matter, 695. Vegetables, 731. Vegetables and fruits, 781. Warrant, 712, i Weight and measurement, 725. Window envelopes, 695. Withdrawal, 724. Withdrawal of mail, 707. Withdrawing mail, 724. .When not liquid or liquefiable, 730. Where payable, 710. Yeast cakes, 731. Zone system, 725. Publicity— Excise tax law of 1909, 134. Public land subdivisions, 25. PUBLIC LANDS. Abandonment, 758. Absences permitted, 745. Access to plats and tract-books, 737. Accident or unavoidable delays, 765. Acts relating to timber and stone entries, 768. Additional entry where prior entry perfected before May 17, 1900, 762. Additional homestead entries, 741, 761. Additional time for establishment of residence, 748. INDEX. 1553 [References are to Pages.] PUBLIC LANDS— Continued. Adjoining farm entry, 742. Affidavit, 737, 792. Affidavit by soldier or sailor, 757. Affidavit must be corroborated, 753. Age limit removed from certain soldiers and sailors, 759. Alienation after proof and before patent, 751. Alienation of land by homesteader, 751. Alienation prior to proof will prevent satisfactory proof, 751. Annual proof, 793. Any person not within excluded classes, 739. Application and affidavits must recite facts, 742. Application and sworn statement, 770, 774. Application for reappraisement, 776. Applications by associations and corporations, 774. Applications by soldiers, sailors or their widows, 743. Applications must describe acts of settlement, 742. Appraisal — Timber and stone lands, 779. Appraisement, 775. Appraisement — Disagreement between appraising and approving officers, 775. Appraisement — Method, 774. Appraisement — Notation and effect thereof, 775. Approval, 775. Assignment papers, 793. Assignments, 791. Assignments conclusive when recognized, 793. Benefits, how devolved on death of soldier or sailo-r, 760. Blank forms, 737. By whom homestead entries may be made, 739. Character of lands subject to entry, 772. Claims, how initiated, 738. Commutation, 759, 763. Commutation of homestead entries, 748. Commutation not allowed^ 762. Commutation, when not allowed, 749. Compactness, 753. Constructive residence on certain lands in Utah, 754. Contests and protests, 777. Cost of making appraisement, 776. Cultivation, 745, 753, 756. Death of entryman, 756. Deposit, 774. Desert land regulation, 795. Deserted minor children, 740. Deserted wife, 740. 98 1554 INDEX. [References are to Pages.] PUBLIC LANDS— Continued. Designation not conclusive, 752. Designation of appraiser, 771. Designation of lands, 752. Dis'position of application, 774. Distinction between offered and unoffered lands abolished, 770. Effect of application to purchase, 778. Enlarged homesteads, 752, 765. Entries made prior to June 6, 1912, how perfected, 746. Entries may be made by any person, association or corporation, 773. Entries of adjoining designated lands, 753. Entry based on husband's or father's military or naval service, 746. Entry by agent, 761. Entry by assignment equivalent to making entry, 791. Entry by widow or minor children of deceased soldier or sailor, 744. Entry of lands reclaimed before survey, 790. Entry of stone lands, 778. Entryman of alien birth, 788. Entryman may elect to make proof upon his entry under law under which same was made, 756. Evidence of assignment, 792. Expenditures accepted, 793. Expenditures not accepted, 794. Expenditure for interest in irrigating company, 794. Existing pre-emption rights, 758. Extension of time to commence residence, 758. Failure to appraise, 775. False swearing, 777. Fees, 753. Fees and commissions, 750. Fees on entries and final proofs, 750. Final entry, 777. Final proof, 756, 777, 795. Final proof notice, 765. Final proofs on homestead entries, 749. Forfeiture, 777. Jj'ormer regulations revoked, 779. Form of application, 753. General provisions, 777. Hearing and continuances, 750. Homestead entries for areas not exceeding three hundred and twenty acres, 752. Homestead entry by married woman, 764. Homestead entryman elected to federal. State or county offices, 747. How claims under the homestead law originate, 738. How determined, 775. INDEX. 1555 [References are to Pages.] PUBLIC LANDS— Continued. How homestead entries are made, 742. How preference right may be acquired on unsurveyed land, 789. How proofs may be made, 749. How terminated, 775. How to proceed to make a desert land entry, 789. Improperly commuting entries, 750. Improvements, 745. Information as to character and occupancy af public lands, 737. Insane homestead entryman, 747. Kind of land subject to homestead entry, 738. Land lying contiguous to original entry, 762. Land must be in compact form, 789. Lands chiefly, valuable for building stone, 769. Lands not liable for debt, 758. Lands that may be entered as desert land, 787. Lands to be appraised, 774. Lands which border upon bodies of water, 787. Lands which may not be entered under these acts, 752. Laws governing desert land entries, 787. Leaves of absence, 748, 756, 764. List showing character of public lands, 737. Manner of return, 775. Map and payment, 791. Marriage of entrywoman, 740. Married women may make entry, 739. Method of obtaining title, 773. Military bounty land warrants receivable in payment for any lands entered under the desert land law, the timber culture law and the timber and stone law, 769. Mineral lands excluded, 761. Minors may be represented by guardian, 749. Mortgage not considered alienation, 751. Must be accompanied by fee and commissions, 743. Must be made personally, 749. No assignable right prior to payment, 792. Notice, 795. Notice of application, 769. Notice of application to purchase under tim86. Attorneys and counselors, 1085. Bill of exceptions, 1085. Briefs, 1091. Certiorari, 1088. Clerk, 1084. Copies of records and briefs, 1093. Costs, 1094. Custody of prisoners on habeas corpus, 1095. Death of a party, 1088. Dismissing cases by agreement, 1089. Docket, 1088. Docketing cases, 1087. Form of printed records, arguments, briefs and petitions for rehearing, 1093. Interest, 1093. Mandate, 1094. '• Marshal, crier and other officers, 1085. Models, diagrams, and exhibits of material, 1095. Motions, 1090. Name, 1084. Objections to evidence in the record, 1086. Opinions of the court, 1093. Oral arguments, 1092. Parties not ready, 1090. Photograph of Chinese to be attached to bail bond, 1096. Practice, 1085. Printing records, 1090. Process, 1085. Quorum, 1084. Rehearing, 1093. Seal, 1084. Supersedeas and cost bonds, 1086. Terms, 1084. Terms and sessions of the court, 1096. Translations, 1087. Writs of error, appeals, return and record, 1087. RULES— UNITED STATES COURTS OF EQUITY. Absence of persons who would be proper parties, 1051. Action at law erroneously begun as suit in equity, 1047. Additional rules, 1069. Additional rules by District Court, 1061. Affirmation in lieu of oath, 1060. Alias subpoena, 1046. Amendments generally, 1047. 99 1570 INDEX. [References are to Pages.] RULES— UNITED STATES COURTS OF EQUITY— Continued. Aniondnieut of bill as of course, 1048. Answer by garnishees, 1067. Answer — Contents — Counterclaim, 1049. Answer to amended bill, 1050. Answer to libel, 1066. Appeals to Circuit Court, 1069. Appointment and compensation of masters, 1057. Attendance of witnesses before commission, master or examiner, 1053. Bail and imprisonment for debt, 1069. Bail bond and stipulation, how given and taken, 1062. Bail bond or stipulation, 1061. Bill of complaint — Contents, 1048. Bills of revivor and supplemental bills — Form, 1050. Books kept by clerk and entries therein, 1044. Bringing in other offending vessel on libel for collision, 1073. Claim — Verifications and stipulation, 1065. Claimants before master examinable by him, 1057. Clerk's office always open, except, etc., 1044. Computation of time — Sundays and holidays, 1061. Continuances, 1054. Correction of clerical mistakes in orders and decrees, 1058. Costs on exceptions to master's report, 1057. Cross-libel, 1071. Death of party, 1052. Decree pro confesso, 10'66. Decree for deficiency in foreclosures, etc., 1045. Decree pro confesso to be followed by final decree — Setting aside default, 1046. Defect of parties, 1051, 1052. Defendant to answer — Default — Decree pro confesso, 1046. Defendant's interrogatories, 1066. Defenses — How presented, 1049, Deposition deemed published w^hen filed, 1054. Deposit in court, 1067. Depositions — To be taken in exceptional instances, 1052. Depositions under Revised Statutes, sections 863, 865, 866, 867 — Cross-exam- ination, 1054. Discovery, 1055. Disposition of arrested ship, 1063. Disposition of perishable property, 1063. Dismissal, 1068. Dissolution of attachment, 1061. District Court always open for certain purposes — Orders at chambers, 1043. Enforcement of final decrees, 1045. Evidence taken before examiners, etc., 1053. Exceptions, 1067. Exceptions to answer, 1066. Execution, 1064. INDEX. 1571 [References are to Pages.] RULES— UNITED STATES COUTITS OF EQUITY— Continued. Execution on appeal, 1069. Failure to answer certain matters, 1066. Former depositions, etc., may be used before master, 1057. Form of decree, 1058. Further and particular statements in pleadings may be required, 1047. In case of absence or sickness, 1067. Information and libels, 1064. Injunction pending appeal, 1059. Interrogatories, 1055. Inspection and production of documents, 1055. Interveners, 1067. Issue and service of mesne process, 1061. Issue of subpoena — Time for answer, 1046. Joint and several demands, 1051. Limitation of liability, 1071. Manner of serving subppena, 1046. Matters ordinarily determinable at law, when arising in suit in equity to be disposed of therein, 1047. Master's report — Documents identified but not set forth, 1056. Moneys paid into court, 1068. Motion day, 1044. Motions grantable of course by clerk, 1044. Nominal parties, 1051. Notice of orders, 1044. Notice of taking testimony before examiner, etc., 1054. No warrant of arrest for more than $500, 1062. Officers before whom pleadings verified, 1050. On expiration of time for deposition, case goes on trial calendar, 1054. Parties generally — Intervention, 1050. Petition for rehearing, 1058. Pleadings — Technical forms abrogated, 1^47. Powers of master, 1056. Preliminary injunctions and temporary restraining o-rders, 1058. Proceedings in rem or in personam — Suits by materialmen, 1063. Proceedings before master, 1056. Process, by whom served, 1046. Process in behalf of and against persons not parties, 1046. Process in petitory and possessory suits, 1064. Process, mesne and final, 1045. Kecord on appeal, 1070. Record on appeal — Agreed statement, 1060. Record on appeal — Reduction and preparation, lt359. Record on appeal — Reduction and preparation — Costs — Corrections of omis- sions, 1060. Reduction of bond and new sureties, 1062. Reference to commissioners, 1068. 1572 INDEX. [References are to Pages.] RULES— XJNITED STATES COURTS OF EQUITY— Continued. Reference to master — Exceptions, not usual, 1056. Kehearing, 1068. Replication, 1070. Repl}' — When required — When cause at issue, 1049. Representatives of class, 1051. Restriction on Rule 27, 1(>69. Return of master's report — Exceptions — Hearing, 1057. Rules of Admiralty Practice on the instance side of the court, in pursuance of the act of the 23d of August, 1842, chapter 188, 1061. Sales, lt)68. Same — Amendments, 1065. Same — Contest of claim, 1072. Same — Intervention for delivery, 1068. Same — Libels in instance causes, 1065.- Same — Objection by answer, 1066. Same — Oral evidence, 1070. Same — Place of jurisdiction, 1072. Same— Proof of claims, 1072. Same — Rules applicable on appeal, 1073. Same — Suits founded on hypothecation, 1064. Same — Suits on bottomry bonds, 1064. Same — Suits for collision, 1064. Same — ^Suits for pilotage, 1063. i Same — Suits for salvage, 1064. Same — Suits for assault, 1064. Scandal and impertinence, 1047. Seizure, custody and disposition of property, 1063. Signature of counsel, 1047. Stenographer — Appointment — Fees, 1053. Stipulations, 1065. Stipulatio-ns, how given and taken, 1067. Stockholder's bill, 1048. Suit to execute trusts of will — Heir as party, 1051. Suits by or against incompetents, 1058. Supplemental pleading, 105t). Testing sufl&ciency of defense, 1050. Testimony of expert witnesses in patent and trademark cases, 1053. These rules effective February 1, 1913 — Old rules abrogated, 1061. Trial — Testimony usually taken in open court, 1052. United States, 1071. Where property in custody of third person, 1063. Writ of assistance, 1045. RULES— U. S. DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA. Absence of parties when cause called, etc., 1109. • Admiralty, 1115. INDEX. 1673 [References are to Pages.] RULES— U. S. DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA— Contimied. Agreements must be in writing, 1100. Amended pleadings engrossed, etc., 1110. Applications to amend pleadings, 1109. Arrest on indictment, order of course, 1112. Attorneys admitted, 1099. Attorneys and counselors, 1099. Attorneys not sureties, etc., 1100. Attorneys, when witnesses, etc., 1100. Bankruptcy, 1114. Bills of exceptions to charge of court, when and how made, 1103. Bends must have affidavits or sureties, etc., 1111. Briefs and records, how printed, 1111. Calendar, when and how made up, 1108. Calendar, 1108. Calling parties, 1101. Commencement of actions, 1100. Commission, how opened, 1106. Commissions and depositions, 1105. Commissions, exceptions to execution of, etc., 1106. Commissions, how obtained, 1106. Copies of pleadings sefved, 1109. Common-law rules, 1100. Costs, clerk may require deposits, etc., 1112. Counsel must prepare orders, judgments, etc., 1111. Criminal cases, pleas of misnomer abolished, etc., 1112. Criminal cases, 1112. Decisions on exceptions, 1107. Demurrers, special pleas, etc., certificate of counsel, 1101. Depositions of infirm witnesses, 1105. Deposits of money in court, 1110. Dismissal of actions — Failure to prosecute, 1100. Equity — Injunctions, 1113. Exceptions and new trials, 1103. Exceptions, how taken, 1104. Failure to prosecute — Bill dismissed, 1113. Filing of transcript on removal, 1114. Fines and penalties, 1113. Fines and penalties, how disposed of, 1113. Further proofs, when not admissible, 1113. General trial calendar, when and how called and disposed of, etc., 1108. General verdicts subject to opinion of court, 1104. Guardian ad litem, who and when appointed, 1110. Guardians ad litem, 1110. Impaneling and challenging, order of course, 1112. Injunctions, how cause against shown, 1113. 1574 INDEX. [References are to Pages.] RULES— U. S. DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA- Continued. It is ordered, 1114. Instructions to jury, when must be presented to court, 1101. Instruments upon which judgments entered, how disposed of, etc., 1111. Judgment-rolls signed — Costs, 1101. Law calendar, when and how disposed of, etc., 1109. Matters of abatement, 1100. Memorandum of costs, 1102. Miscellaneous rules of general application, 11'09. Mondays motion days, etc., 1107. Moneys paid into court, how disposed of, etc., 1110. Motion days, order of proceedings, 1107. Motion for new trial, etc., not to delay entry of judgment, 1105. Motions, 1107. Motions, service of papers and time, 1107. New trials, 1104. No arrest of judgment after new trial, 1105. Notice of motion to stay proceedings pending motion for new trial, 1105. No waiver, 1105. Notice of seizures and of time and place of hearing, 1115. One counsel to examine witness, order of proceedings, etc., 1101. Orders of course, when may be entered, etc., 1111. Orders on depositories, 1111. Parties appearing in person must designate place to serve papers, 1110. Pleadings, how amended, etc., 1109. Pleadings, etc., how engrossed, paged, numbered, indorsed, etc., 1109. Proceedings on removal of causes from State courts, 1114. Kecords and files not to be taken from the clerk's ofB.ce. 1111. Redemption of lands sold under execution, 1103. Removal of actions from State courts, 1114. Retaxation of costs, 1103. Sale of real estate under execution, 1103. Service of summons and default, 1100. Schedules of title furnished, 1101. Special calendars, 1108. Taxation of costs, 1103. Under internal revenue act, 1113. RULES— UNITED STATES LAND OFFICE. Abatement of contest, 809. Abolished, 822. Abuse of privilege, 823. Accumulation of costs, 818. Additional evidence, 819. Address, 809. Address of the adverse party, 810. INDEX. 1575 [References are to Pages.] RULES— UNITED STATES LAND OFFICE— Continued. Address for service upon party answering, 811. Affidavit for taking deposition, 813. Affidavit of contest, 810. Affidavit taken as confessed, 811. Argument, 820, 822. Argument in support, 822. Answer by contestee, 811. Appeal from decision rejecting application to enter public lands, 819. Appeal from the commissioner to the secretary, 820. Appeal in ex parte eases, 820. Appeals to commissioner, 817. Appeal to Secretary of the Interior, 820. Application, 824. Application contest, 808. Application to prove, 808. Attendance oan be had, 812. Attorney allowed to consult records, 823. Attorneys, 823. Authority of attorney, 823. Briefs, 821. Certificate, 815. Certificate of official character, 813. Charge for examining testimony, 814. Commission, 813. Construction of rules, 823. Contents, 809. Contents of application, 808. Contents of notice, 817. Contest fees or costs allowed, 818. Contest notice, 809. Contest not to abate, 811. Contest without preference, 809. Continuance, 812. Continuance on behalf of the United States, 812. Costs and apportionment thereof, 818. Copy by registered mail, 810. Copy posted, 810. Cross-examination, 815. Cross-interrogatories, 813. Custody of papers, 817. Date and notice of trial, 811. Defective appeal, 821. Defective service of notice, 811. Delay, 812. Demurrer to evidence, 815. 1576 INDEX. [References are to Pages.] RULES— UNITED STATES LAND OFFICE— Continued. Deposition by stipulation, 813. Depositions and interrogatories, 812. Description, 808. Diligence, 812. Direction to answer, 809. Duties of local officers, 819. Effect of ruling, 815. Examination and argument, 819. Excess, 818. Excluding witnesses, 814. Ex parte proceedings, 824. Ex parte statements, 820. Failure to answer, 811. Failure to move or appeal in time, 817. Failure to serve and file notice o-f appeal, 817. Fees for reducing testimony to writing, 817. Fees for taking testimony, 814. Final proof pending contest, 816. Good faith, 808. Grounds of contest, 808. Hearings on behalf of government, 818. How computed, 824. Ho'W served, 809. How served and filed, 817. Initiation of contests, 808. Inquiries directed to employee, 823. Intervention, 824. Joint report, 815. Judgment when effective, 822. Letter of transmittal, 816. Manner of taking deposition, 812. Matter material, 812. Motion for exercise of supervisory power, 822. Motio-n for rehearing, 820, 822. Motions, 820. Motions for review and rereview, 822. Name, 808. Name and postoffice address, 823. Newly discovered evidence, 816. Newspaper, 810. New trial, 815, 816. Notice by publication, 810. Notice of taking deposition, 813. Notice of motion for new trial, 816. Notice thereof, 817. Notice of appeal, 819. INDEX. 1577 [References are to Pages.] RULES— UNITED STATES LAND OFFICE— Continued. Notice of order or decision, 819. No motion entertained after record transmitted, 820. Notice of appeal from commissioner's decision, 821. Oath, 823. Objections to evidence, 815. One witness, 809. One continuance only, 812. Oral argument, 820. Oral arguments before the secretary, 822. Order for taking testimony, 814. Order directing commissioner to certify proceedings, 821. Papers by whom prepared, 818. Personal service, 809. Place of service of papers, 812. Pre-emption cases, 814. Printed arguments preferred, 821. Proceedings before registers and receivers, 808. Proceedings pending, 808. Proceedings before surveyors-general, 819. Proceedings before the Commissioner of the General Land Office and Secre- tary of the Interior, 819. Proof of publication, 810. Proof of posting, 811. Proof of service of notice, 824. Provisions for notices, 819. Published notice, 810. Public officers not to receive passes, 825. Public utilities law — Constitutional provisions, 824. Public utilities, 825. Railroads or other common carriers — Increase of rates by, 825. Railroads and other transportation companies — Discrimination forbidden, 825. Railroad commission, powers and duties, 825. Reference and investigation, 808. Register and receiver to personally direct examination, 814. Rehearings, 820. Rehearing of secretary's decision, 822. Reply to motion, 822. Return of deposition, 813. Review of decision thereof, 816. Ruling thereon, 815. Security for costs, 818. Service of notice — Newspaper, 810. Service of notices, 809, 823. Service of notice by publication, 810. Shorthand, 815. Statement of costs, 818. 1578 INDEX. [References are to Pages.] RULES— UNITED STATES LAND OFFICE— Continued. Statement of dates, 810. Statement of law and facts, 808. Summary action, 820. Supervisory power of secretary, 822. Suspense of action after decision, 821. Testimony before commissioner, 814. Testimony to be reduced to writing, 815. Time, 823. Time and manner of answering, 811. Transmission of record, 822, Under homestead and other laws, 814. United States Land Ofiice — Rules of practice, 808. Wihen collected, 818. When granted, 812. When oflftcer designated cannot act, 814. When refused, 812. When taken, 812. Where party affected failed to appeal from decision, 821. Where party represented by more than one attorney, 823. Where trial has taken place, 816. Where party contesting establishes right of entry without reference to act of May, 1880, 818. Witness resides more than fifty miles, 812. Witness without or about to leave state, 813. Witness unable or will refuse to attend the hearing, 813. Who may not appeal, 817. Who must pay, 818. RULES— CALIFORNIA RAILROAD COMMISSION. Amendment of rules, 920. Application for acquisition of part or all of capital stock of another utility, 915. Application for sale, lease, assignment, mortgage or other disposition of property, 915. Application for new construction or extensions, 913. Applications for order authorizing issue of stocks, bonds, notes and other indebtedness, 916. Applications for permission to exercise franchises and permits, 914. Applications for relief from thirty-day notice rule — Long and short haul, 918. Applications for safety devices at railroad crossings, 913. Complaints, 907. Definitions, 905. Deviations from rules — Authorizations for, 920. Excessive or discriminatory charges — Application for permission to refund, 919. INDEX. 1579 [References are to Pages.] RULES— CALIFORNIA RAILROAD COMMISSION— Continued. Extensions of time to file required reports, statements cf data, or to comply with commission's order — Application for, 919. Formal proceedings, 906. Form of answer to formal complaint, 923. Form of formal application, 921. Form of formal complaint, 920. Form of notice of hearing on complaint, 923. Form of order to satisfy or answer a complaint, 922. Form of published notice of hearing on application, 924. Forms prescribed for use, 920. General applications — Matters applicable to all, 911. Hearings and rehearings, 909. Increases in charges, 918. Other applications, 920. Railroad commission forms, 924. Railroad crossings, 912. Secretary to furnish information, 906. Sessions of commission, 906. Switch connections and spurs, 911. Value of property of public utilities, 911. RULES— U. S. SUPREME COURT. Adjournments, 1040. Appeals and writs of error, 1042. Assignment of errors, 1042. Attorneys and counselors, 1028. Bill of exceptions, 1*028. Briefs, 1036. Call and order of the docket, 1039. Cases from Circuit Court of Appeals, 1043. Certiorari, 1034. Clerk, 1028. Costs, 1038. Custody of prisoners on habeas corpus, 1042. Death of party, 1034. Dismissing cases in vacation, 1040. Docketing cases, 1031. Form of printed records and briefs, 1041. Further praof, 1033. Interest, lt)37. Interest, costs and fees, 1043. Law library, 1030. Mandates, 1043. Models, diagrams and exhibits of materials, 1041. k Motions, 1029. 1580 INDEX. [References are to Pages.] EUIiES— U. S. SUPREME COURT— Continued. No appearance of defendant, 1035. No appearance of either party, 1035. No appearance of plaintiff, 1035. Objections to evidence in the record, 1034. Opinion of the court, 1039. Oral arguments, 1037. Practice, 1028. Printed arguments, 1036. Printing records, 1032. Process, 1029. Rehearing, 1041. Supersedeas, 1041. Translations, 1033. Writ of error, return and record, 1030. Writs of error and appeals under the act of February 25, 1889, chapter 236, or under section 5 of the act of March 3, 1891, chapter 517, 1041. Section, legal subdivisions — Diagram of, 26. SHERMAN ANTI-TRUST ACT, 183. Condemnation, 184. Damages, 184. District of Colombia, 183. Hearing, 183. . ' Jurisdiction, 183. Other parties, 184. Persons attempting to monopolize, 183. Persons combining guilty, 183. Persons defined, 184. Procedure, 183. Process, 184. Property in transit, 184. Prosecuting officers, 183. Seizure, 184. Sherman Anti-Trust Act, 183. Subpoena, 184. Temporary restraining order, 183. Trusts in territories, 183. Trusts illegal, 183. Spanish land measure, California, 26. Square measure, 23. Square measure — California Spanish land, 26. STATE TAXES. Action to recover taxes, 159. Agencies of foreign banks, 143. Arbitrary assessment, 153. INDEX. 1581 [References are to Pages.] STATE TAXES — Continued. Assessment of franchise, ho'W ma^e, 154. Assessment of franchises, 152. Assessor's report, 149, 153. Attachment for delinquent taxes, 162. Banks, auditors to report assessment, 165. Banks defined, 143. Bankruptcy, 158. Bank reports, 151. Banks in liquidation, 154. Banks taxed, 142. Basis of increase 1913, IZt). Bill of sale for taxes, 157. Bond debts, 167. Books, production of, 164. Cancellation of erroneous assessment, 159. Capital stock of public service companies, 147. Car companies, operative property, 145. Certificate to assessment-roll, 156. Claim for credit, 159. Company defined, 141. Continuing business after forfeiture of charter, 163. Controller, notice when, taxes are due, by, 157. Controller's receipt, 158. Controller's settlements with county treasurers, 168. Correction of assessment, 156. County treasurer's expenses, 169. Deficiency tax, 169. Delinquent notice, 161. Delinquent penalties on relevy, 160. Dissolution, 158. Dividends of public service companies, 147. Divulging information, 164. Electric companies, operative property, 145. Equalization of assessment of banks, 165. Equalization of assessments for bo-nd purposes, 166. Equalization of assessment of insurance companies, 165. Erroneous collection, 158. Examination of books and accounts, 164. Express companies operative property, 145. Extension of time for filing report, 154. False report — ^Penalty, 154. Failure to certify record of assessments, 156. Failure to report — Penalty, 154. Forfeiture of charter, 161. Form of reports, 151. Forma, 163. i 1582 INDEX. [References are to Pages.] STATE TAXES— Continued. Franchise assessment, 152. ^ Franchise report, 152. Franchise tax, 143. Franchises defined, 143. Funded debts of public service companies, 147. Gas companies, operative property, 145. General provisions applicable, 160. Governor may divulge information, 164. Gross receipts, 148. Gross receipts from operation, 144. Gross receipts from interstate business, 141. Improvements, 148. Income, 144. Inspection of property, 163. Instructions as to operative property, 146. Insurance companies taxed, 142. Insurance commissioner to report, 150. Interstate business, 144. Laws continued in force, 169. Levy of tax, 160. Limitation of actions, 160. List of forfeitures, 161. Local taxation, operative property exempt, 145. Maps, 147. Market value of stock and bonds, 148. Meeting of State board, 154. Municipal charges for special franchises, 144. Municipal defined, 141. Name, resumption of, 162. National banks taxed, 142. Notice by controller of due date of taxes, 157. Notice of sale, 157. Notice to company by assessor, 149. Notice of completion of assessment, 155. Operating expenses, 148. Operative property defined, 144. Operative property where no public service rendeied, 146. Owners of franchises to report, 152. Payment to state treasurer, 158. Percentages on gross receipts, 141. Plants under construction, 146. Proclamation of forfeiture, 161. Production of books and accounts, 164. Profit and loss, 148. Protest, 159. Property improperly claimed as operative property, 149. INDEX. 1583 [Beferences are to Pages.] STATE TAXES— Continued. Property in divided use, 146. Public service corporations, 141. Publication of forfeitures, 161. Eailroads, operative property, 144. Eeal estate deducted, 142. Eeassessment, 159. Kecord of assessment for state taxes, 156. Eefusal to report — Penalty, 154. Eelief from forfeiture, 161. Eeport of public service companies, 146. Eesidue, disposition of after sale for taxes, 157. Eesumption of former name, 162. Eetaliatory clause, 142. Sale for taxes, 157. Secretary of State to report, 151. Segregation of assessments, 166. State banks taxed, 142. State board of equalization, duties of, 163. State board to issue instructions, 146. State board to investigate property im-properly claimed, 149. State to reimburse counties, 169. State to reimburse districts, 169. Subjects taxed exclusively for State purposes, 140. Subpoenas, 163. Subsidiary companies, 148. Suit for delinquent taxes, 162. Summoning officials before State board, 163. Tax has effect of judgment, 158. Tax lien, 158. Tax rates for bonds, 167. Taxes not secured by real estate, when collectible, 157. Taxes when delinquent, 156. Taxes when due, 156. Telegraph companies, operative property, 145. Telephone companies, operative property, 145. Unincorporated banks, 143. Waiver of assessment to stockholders by banks, 154. Witnesses, 164. State taxes — General information, 171. State taxes — Synopsis of laws, 173. Stockholders, tax on nonresident, 58. Stock of foreign corporations, tax on stock of, 58. Subdivisions of section — Diagram of, 26. Subdivisions — Public land, 25. Surface — Measures of — Metric system, 22. Surveyor's measure, 25. 1584 INDEX. [References are to Pages.] Synopsis of divorce laws, 37. Synopsis of tax laws — State taxes, 173. Table of credits to convicts, 34. TABLE OF FEES. Administrators, 975. Appraisers, 975. Assessors, county, 975. Attorneys' fees, 976. Attorneys, solicitors and proctors in federal courts, 976. Auditors, 976. Bankruptcy, 976. City clerks, 977. City treasurer, 978. Civil service commission, 978. Clerk of United States Supreme Court, 1018. Collection rates adopted by the Commercial Law League of America, 976. Constable, 978. Contested elections to legislature, 986. Coroners, 986. County auditors, 986. County clerks, 986. County recorders, 986. i Torren's title fees, 989. County surveyors, 989. 'County tax collector, 990. Court commissioners, 990. County treasurer, 990. Depositions, 990. District attorneys — State, 990. District attorneys — United States, 990. District Courts of Appeal — Clerks' fees, 990. Immigration commissioner, 991. Industrial accident commission, 991. Inspectors of gas meters, 991. Insurance commissioner, 995. Jurors — Federal courts, 993. Jurors' fees, 992. Justices of the peace, 993. Lost property, 996. Medical practitioners, 996. Naturalization, 996, New trial, 815, 816. No appeal from order granting new trial, 816. No fee, 1020. No motion entertained after record transmitted, 820. INDEX. 1585 [References are to Pages.] TABLE OF FEES— Continued. Notaries public, 997. Notice by publication, 810. Notice of appeal, 819. Notice of appeal from commissioner's decision, 821. Notice of motion for new trial, 816. Notice of order or decision, 819. Notice of taking deposition, 813. Notice thereof, 817. Notices, depositions and other matters, 819. Oath, 823. Objections to evidence, 815. Official reporters, 997. One continuance only, 812. One witness, 809. Oral argument, 820, 822. Order directing commissioner to certify proceedings, 821. Order for taking testimony, 814. Papers by whom prepared, 818. Patent office, 998. Personal service, 809. Pilo'ts, 1000. Place of service of papers, 812. Police judges, lt)00. Port wardens, 1001. Pre-emption cases, 814. Printed arguments preferred, 821. Printers — Federal courts, 1001. Proceedings before registers and receivers, 808. Proceedings before Surveyor General, 819. Proceedings before the commissioner of the general land office and Secretary of the Interior, 819. Proceedings pending, 808. Proof of posting, 811. Proof of publication, 810. Proof of service of notice, 824. Provision for notices, 819. Public administrators, 1001. Published notices, 810. Quarantine officer, 1001. Eailroad commission, 1001. Receivers in bankruptcy, 1002. Referees, lO^OS. Referees in bankruptcy, 1003. » Reference and investigation, 808. Register and receiver to personally direct examination, 814. Registered letter, 811. 100 1586 INDEX. [References are to Pages.] TABLE OF FEES— Continued. Reheariugs, 820. Reply to motion, 822. Return of deposition, 813. Review of decision thereof, 816. Rules, 823. Ruling thereon, 815. Secretary of State, 1003. Security for costs, 818. Service of notice, 810, 823. Sheriffs, 1005. Shorthand, 815. Stallion registration board, 1006. Stanford University, 1006. State board of architecture, 1006. State 'board of dental examiners, 1'006. State board of examiners in veterinary medicine, 1006. State board of fish and game commissioners, 1006. State board of health, 1007. State board of medical examiners, 1007. State board of optometry, 1007. State board of pharmacy, 1007. State building and loan commissioner, 1008. State controller, 1008. State dairy bureau, 1008. State treasurer, 1008. Statement of costs, 818. Statement of dates, 810. Statement of law and facts, 808. Summary action, 820. Superintendent of banks, 1009. Superintendent of schools — County, 1010. Supervisory power of secretary, 822. Supreme Court, marshal of United States, 1011. Supreme Court of California, clerk of, 1010. Surveyor general, 1010. Suspense of action after decision, 821. Tax collector, 1011. Testimony before commissioner, 814. Testimony to be reduced to writing, 815. Time, 823. Time and manner of answering, 811. Transmission of record, 822. Trials, 814. Trustees in bankruptcy, 1011. Under homestead and other laws, 814. United States Circuit Court of Appeals— Clerk, 1012. INDEX. 1587 [References are to Pages.] TABLE or FEES— Continued. United States commissioners, 1012. United States District Court clerk's fees, 1014. United States marshals, 1015. University of California, 1011. When collected, 818. When officer designated cannot act, 814. When refused, 812. When taken, ai2. Where party affected failed to appeal from decision of local officers, 821. Where party contesting establishes right of entry without reference to act of May, 1880, 818. Where party represented by more than one attorney, 823. WTiere trial has taken place, 816. Who may not appeal, 817. Who must pay, 818. Witness' fees, 1019. Witness' fees — Federal courts, 1020. Witness' fees — State railroad commission, 1020. Witness resides more than fifty miles, 812. Witness unable, or will refuse to attend the hearing, 813. Witness without or about to leave State, 813. Witnesses — Compensation of seamen sent home as, 1020. Table of interest rates, 36. Taxes — Annual license domestic corporations, 55. Taxes, county — Synopsis of laws, 176. Taxes for state purposes, constitutional provisions, 136. Taxes, State — Synopsis of laws, 173. Tax rates, county— 1913, 182. Time measure, 23. Time table, 1371. Treasury decisions — Excise tax law, 125. Troy weight, 23. • Unfair Competition Act, 188. Value of property in each county — 1913, 182. Values of foreign coins, 24. Water measurement — Convenient equivalents, 28. Water — Miner's inch measurements, 27. Weights and measures — Domestic, 23. Weights — Metric system, 22. Workmen's compensation. See Industrial Accidents. D — n 5ISKIV0U I MOOOC SHASTA I I LASSEN TEHAMA ^. 5 I \OLtNN( BOTTE' 1 '••- \LAKEv \\ ^'^CS'^^. SIERRA 'rxyAWk CL DORADO --€V%. :-'^^ .v-r- SAN nuwcisco^ 4-5 CONGRESSIONAL DISTRICTS 1911 If) . t.> ERCEO ><^^..^ FRESNO # r* INYO \. A a*RBAIM< JytNTyfl 9 ?S ANGtiXS iO SAN BERNARDINO II RIVERSIDE ''/> % iMPCRlAk SENATORIAL DISTRICTS 1911 SAN fHAHClSCO l8to24 ^, INCLUSIVE/iv **, i6j ASSEMBLY DISTRICTS 1911 SAN FHM«eisco 2lto33 INCLUSIVE, 34to4l INCLUSIVE JKIV6U I MOOOC U.S. DISTRICT COURT DISTRICTS SOUTHERN DIVISION --^-r?^'^ «tSKIYOU MOOOC dint. \ V / SHASTA .m .J TEHAMA ^ s \ — C^ LASSCN PuuMAa^ SUPREME COURT DISTRICTS V J CU OORAOO tl SAN FRANCISCO 3M4 rWKClSW fl VS-K" J" § SACRAMENTO V. S LOS ANGELES FUESNO INYO .v-e-^ KERN )SANeCl£S X RiVERSIOr S5*N VITICULTURAL DISTRICTS GLEN AND MADERA COUNTIE^S OMITTED FROM THE STATUTE 55* H J